04-23-1990CITY OF RICHFIELD, MINNESOTA
REGULAR CITY COUNCIL MEETING
April 23, 1990
MEMBERS PRESENT: Steven Quam, Mayor; Edwina Garcia; Ivan
Ludeman; Martin Kirsch; and Michael Sandahl.
STAFF PRESENT: James Prosser, City Manager; Steven Devich,
Administrative Services Director; Thomas P.
Ferber, City Clerk; Gretchen Blank, Leisure
Services Coordinator; Byron Wallace,
Community Development Director; Jack 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
Boy Scout Troop 384 presented the colors and led the
audience in the Pledge of Allegiance.
APPROVAL OF MINUTES
M/Kirsch, S/Garcia to approve the minutes of the regular
City Council Meeting of April 9. 1990.
Motion carried 5-0.
Item #1 PRESENTATION OF PROCLAMATION DESIGNATING MAY 11, 1990
AS POPPY DAY IN THE CITY OF RICHFIELD.
Mayor Quam read and presented a proclamation designating May
11, 1990 as Poppy Day in the City of Richfield to Sandy Peterson.
Council Meeting Minutes -2- April 23, 1990
Item #2 PRESENTATION OF PROCLAMATION DESIGNATING APRIL 22-28,
1990 AS DISABILITY AWARENESS WEEK IN THE CITY OF
RICHFIELD. C.L. NO. 104
M/Garcia, S/Kirsch to approve the proclamation declaring
April 22-28, 1990 as Disability Awareness Week in the City of
Richfield.
Motion carried 5-0.
Mayor Quam read and presented the proclamation designating
April 22-28, 1990 as Disability Awareness Week in the City of
Richfield to Camillo DeSantis, Chair of the Human Services
Commission.
Item #3 PRESENTATION OF PROCLAMATION DESIGNATING MAY 6-12, 1990
AS WATER WORKS WEEK AND MAY 12, 1990 AS WATER WORKS DAY
C.L. ~~®. 1®5~
M/Sandahl, S/Ludeman to approve the proclamation declaring
Mav 6-12. 1990 as Water Works Week and May 12 1990 as Water
Works Day in the City of Richfield.
Motion carried 5-0.
Mayor Quam read and presented the proclamation designating
May 6-12, 1990 as Water Works Week and May 12, 1990 as Water
Works Day in the City of Richfield to Gretchen Blank, Leisure
Services Coordinator. He announced that the Richfield Water
Plant would hold an Open House on Saturday, May 12, from
9:00 A.M. - 3:00 P.M. and encouraged interested citizens to tour
the facility.
Item #3A PRESENTATION OF PROCLAMATION DESIGNATING MAY 6-12, 1990
AS SMALL BUSINESS WEEK
M/Garcia, S/Kirsch to approve the proclamation declaring May
6-12. 1990 as Small Business Week in the City of Richfield.
Motion carried 5-0.
Mayor Quam read and presented the proclamation designating
May 6-12, 1990 as Small Business Week in the City of Richfield to
Bill Fillmore, presenting the Richfield Chamber of Commerce.
Council Meeting Minutes -3- April 23, 1990
f~
Item #3B RECEIPT OF RECYCLING AWARD
Mayor Quam announced that the City had received a Recycling
Award from Hennepin County for outstanding achievement in
implementing a cost effective comprehensive recycling program.
Item #4 OPPORTUNITY FOR CITIZENS. TO ADDRESS THE CITY COUNCIL
ON ANY ITEM NOT LISTED ON THE AGENDA.
Gordon Anderson, 7501 Elliot Avenue, stated concerns about
not enough information being available to the public or hearings
being held regarding the Bond Referendum. He also expressed
concern about tax increases.
Grace Meints, 6235 Morgan Avenue, spoke in opposition to
passage of the bond referendum.
Mayor Quam summarized how Bond Referendum was proposed by
the Citizens for a Quality Community group and that the City
Council had put it on ballot for the citizens to decide.
Council Member Ludeman spoke in opposition to passage of the
bond referendum.
Floyd Sandell, 6737 3rd Avenue, stated concerns about the
use of an outside agency to monitor that liquor sales are not
made to minors at the liquor stores and about a report of the DNR
finding an illegal fish stored in a liquor store freezer.
City Manager Prosser reviewed the various procedures and
practices used by the Municipal Liquor Stores to assure employees
are properly requiring identification and not selling to minors.
He reviewed the reasons and advantages to utilizing an outside
service to periodically check the stores. He stated that the
City is reviewing the DNR report about the fish storage and is
investigating the alleged incident.
Item #5 COUNCIL APPROVAL OF AGENDA
M/Sandahl, S/Ludeman to agprove the agenda.
Motion carried 5-0. ---
Council Meeting Minutes -4- April 23, 1990
Item #6 CONSENT CALENDAR
A. APPROVED PURCHASE IN EXCESS OF $5,000 FROM CUSHMAN
MOTOR COMPANY FOR A NEW UTILITY VEHICLE AT THE GOLF
COURSE IN THE AMOUNT OF $6,750. C.L. NO. 106
B. APPROVED PURCHASE IN EXCESS OF $5,000 FROM RUFFRIDGE-
JOHNSON EQUIPMENT CO. FOR TWO REVERSIBLE PLOWS AND ONE
UNDERBODY IN THE AMOUNT OF $12,036. C.L. NO. 107
C. APPROVED PURCHASE IN EXCESS OF $5,000 FROM COMMERCIAL
ASPHALT COMPANY FOR SEASONAL STREET MAINTENANCE
EQUIPMENT IN THE AMOUNT OF $7,910. C.L. NO. 108
D. AWARDED CONTRACT TO EARL F. ANDERSON FOR CONSTRUCTION
AND INSTALLATION OF PLAYGROUND EQUIPMENT AT VETERANS
MEMORIAL PARK OF RICHFIELD IN THE AMOUNT OF $120,318.45
FOR BASE__BID AND ALTERNATES #1, #2, #3 AND #4.
C.L. NO. 109
E. AWARDED CONTRACT TO SIMON-MIDWEST, INC. FOR AN AERIAL
BUCKET AND UTILITY BODY IN THE AMOUNT OF $45,846.00.
C.L. NO. 110
F. APPROVED THE CITY'S PARTICIPATION IN THE HENNEPIN
COUNTY JOINT PURCHASING PROGRAM FOR THE PURCHASE OF
GASOLINE. C.L. NO. 111
G. APPROVED A RESOLUTION PROVIDING FOR POLLING PLACES AND
DESIGNATING ELECTION JUDGES FOR THE JUNE 5, 1990
SPECIAL ELECTION. C.L. N0. 112
RESOLUTION NO. 7619
RESOLUTION PROVIDING FOR POLLING PLACES
AND DESIGNATING JUDGES FOR
THE SPECIAL ELECTION
OF JUNE 5, 1990
H. APPROVED 1990-1991 AGREEMENT WITH THE CITY OF
MINNEAPOLIS FOR PARTICIPATION IN THE URHAN CORPS INTERN
PROGRAM. C.L. NO. 113
I. APPROVED ON-SALE NON-INTOXICATING MALT LIQUOR LICENSE
FOR THE SILVER SPOON RESTAURANT, 6700 PENN AVENUE.
C.L. NO. 114
J. APPROVED LICENSE RENEWAL FOR RESIDENTIAL GARBAGE AND
REFUSE COLLECTION, PROPERTY REFUSE REMOVAL CO., 1712
HOPKINS CROSSROAD, MINNETONKA, MN.
K. CONSIDERATION OF APPROVAL OF NEW KENNEL LICENSE, JEAN
M. UNTINEN, 6605 MORGAN AVENUE, 3 DOGS AND 2 CATS.
Council Meeting Minutes -5- April 23, 1990
L. APPROVED ESTIMATE NO. 3, PAYMENT TO RICHFIELD SHOPPE
DEVELOPERS, $15,210.00 FOR CP860 RICHFIELD SHOPPE
SPRINKLER SYSTEM.
M/Garcia, S/Sandahl to aDArove the consent calendar.
Motion carried 5-0.
Item #7 CONSIDERATION OF CONDITIONAL USE PERMIT TO ALLOW A USED
CAR BUSINESS AT 6529 PENN AVENUE. C.L. NO. 115
City Manager Prosser reviewed Council Letter No. 115
regarding a request for a conditional use permit for a used car
lot at 6529 Penn Avenue. He recommended approval of the request
with the following stipulations:
1. That two (2) handicapped parking spaces be striped and
signed and the building made accessible to handicapped
persons.
2. That all signage be approved by City staff and comply
with PASSS design guidelines.
3. That storm sewer improvements be made to the site and
approved by the City Engineer.
4. That a 22 foot minimum drive aisle be maintained in the
parking area.
5. That landscaping and on-site improvements comply with
PASSS design guidelines.
6. That the building be upgraded to meet all applicable
building and fire code requirements.
Kevin Tharp, co-owner of 6529 Penn Avenue, reviewed the
history of their difficulties in finding an acceptable use for
the property or investors for redevelopment. He reviewed
background and opposition to the stipulation for storm sewer
improvements for the site. He stated opposition to the location
and maintenance of the stipulated 22 foot drive aisle. He
suggested that the "alley" outlot function instead as the fire
lane.
Ray Tharp, co-owner of 6529 Penn Avenue, indicated that
there were no drainage problems on the site. He reviewed the
difficulty in developing the site because of it's lack of depth.
He indicated that the site would be used to sell used Cadillacs
from Arizona.
Kevin Tharp reviewed the PASSS guidelines and objectives as
they related to this proposal.
Paul Peterson, 6245 Morgan Avenue, reviewed concerns that
Penn Avenue not turn into another Lake Street. He advocated
quality redevelopment.
Council Meeting Minutes -6- April 23, 1990
Erik Meints, 6245 Morgan Avenue, stated support for working
with all the businesses to redevelop Penn Avenue.
Grace Meints, 6245 Morgan Avenue, stated concerns that Penn
Avenue has not been redeveloped yet while other parts of
Richfield had been redeveloped. She stated cgncerns about a
suspected "crack" house in her neighborhood and about the park
Bond Referendum.
M/Sandahl, S/Ludeman to close the public hearincr.
Motion carried 5-0.
City Manager Prosser reviewed the PASSS Redevelopment
efforts and status. He reviewed the issues related to storm
sewer improvements.
Public Safety Director Erskine reviewed issues related to
enforcement activities at suspected "crack" houses.
Council discussion followed regarding the necessity for a
storm sewer on the site, the fire lane location, potential future
rAdevelopment of the site, and the annual used car dealers
license.
In response to questions from the countil, City Attorney
Dean reviewed the types of stipulations and time elements that
the Council can impose as part of a conditional use permit. The
Council discussed limiting the term of this conditional use
permit for a used car business to three years.
M/Quam, S/Ludeman to approve the granting of a Conditional
Use Permit for a used car lot at 6529 Penn Avenue South with the
following stipulations:
1. That two (2) handicapped parking spaces be striped and
signed and the building made accessible to handicapped
persons.
2. That all signage be approved by City staff and comply
with PASSS design guidelines.
3. That a 22 foot minimum drive aisle be maintained in the
parking area.
4. That landscaping and on-site improvements comply with
PASSS design guidelines.
5. That the building be upgraded to meet all applicable
building and fire code requirements.
6. That the term of this conditional use permit be 3
years.
Motion carried 5-0.
Council Meeting Minutes -7- April 23, 1990
Item #8 CONSIDERATION OF FIRST READING OF AN ORDINANCE
AMENDMENT TO CHAPTER I, SECTION 115.11, ADDING
SUBDIVISION 6 -"YOUTH RESOURCE SPECIALIST".
C.L. NO. 116
City Manager Prosser reviewed Council Letter No. 116
regarding First Reading of a proposed ordinance amendment to
allow the Youth Resource Specialist to issue citations for
certain juvenile status offenses.
M/Ludeman, S/Kirsch that this constitute the First Reading
of this ordinance amendment to Chapter I, Section 115.11,
subdivision fi - Youth resource Specialist, and that the Public
Hearing and $~nd Reading of the ordinance be scheduled for the
May 14 1990 cites council meeting,.
Motion carried 5-0.
1
Item #9 CONSIDERATION OF APPOINTMENTS OF PERSONS TO VARIOUS
ADVISORY HOARDS AND COMMISSIONS. C.L. NO. 117
M/Quam, S/Sandahl to approve the following appointments:
COMMUNITY SERVICES COMMISSION
Connie Murray
Greg Allers
HUMAN RIGHTS COMMISSION
Gamila Zelada
Armondo Lissarrague
John Boyle
ADVISORY BOARD OF HEALTH
Jane Myre
Doris Rubenstein
SOUTH HENNEPIN HUMAN SERVICES COMMISSION
Camillo DeSantis
Maureen Scaglia
Motion carried 5-0.
TERM EXPIRES
January 31, 1992
January 31, 1991
TERM EXPIRES
January 31, 1991
January 31. 1992
January 31, 1993
TERM EXPIRES
January 31, 1991
January 31, 1992
TERM EXPIRES
January 31, 1992
January 31, 1992
Council Meeting Minutes -8- April 23, 1990
Item #10 LEGISLATIVE REPORT
City Manager Prosser reviewed the status of pending
legislation regarding the following issues:
1. Local Government Aid (LGA)
2. Tax Increment Financing (TIF)
Item #11 COUNCIL DISCUSSION ITEMS
City Manager Prosser announced that City employee George
Annas died on Friday, April 13, 1990. The City Council and staff
expressed their regrets to the family.
Item #12 CL~iI1YS AFB PI~~3®LLS
Council Member Ludeman questioned the $3,400 payment to
Decision Resources Ltd.
City Manager Prosser indicated that it was for the Marketing
Survey which was also partially funded by other sources.
Council Member Ludeman stated concerns about city payment
for the survey regarding parks and park financing, the role of
Decision Resources Ltd., with the Citizens for Quality Community,
and the City's role in the Bond Referendum process.
City Attorney Dean indicated the City may use public funds
to inform the public about the Bond referendum issue but not to
persuade. He stated he had reviewed the City's actions and
information provided and indicated that they were consistent with
the requirements.
City Manager Prosser reviewed the events which led to the
initiation of the Bond Referendum.
Dicussion followed regarding Decision Resources Ltd. work
with the Citizens for Quality Community group which is advocating
passage of the Bond Referendum.
It was the consensus of the council that it be clear that
the City not pay any fees to Decision Resources Ltd. regarding
any work they may do for the Citizens for a Quality Community
group.
[1
Council Meeting Minutes
-9-
April 23, 1990
Council Member Ludeman inquired about the applicability of
the Open Meeting Law when council members attend meetings of
other groups.
Law.
City Attorney Dean reviewed and summarized the Open Meeting
M/Ludeman, S/Quam that the following claims and payrolls be
anproved•
RICHFIELD STATE BANK
Checks 12651-12698; 109985-110240 $ 840,096.37
FIRST MINNESOTA
Check 1104 S 20,000.00
FIRST WESTERN BANK
Checks 5507-5530 $ 581,646.12
- Checks 35613-35972 Payroll $ 326,421.09
Motion carried 5-0.
ADJOURNMENT
The meeting was adjourned by unanimous consenfiAt 9:25 p
Date Approved: 5/14/90
y'Ste~r'~J. QuO~ Mayor
/~ll..~
Thomas P. Ferber J e D. Prosser
City Clerk Ci Manager