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01-14-1991CITY OF RICHFIELD, MINNESOTA REGULAR CITY COUNCIL MEETING January 14, 1991 MEMBERS PRESENT: Martin Kirsch, Mayor; Ivan Ludeman; Michael Sandahl; and Kristal Stokes. 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; Jack Erskine, Public Safety Director; William Fillmore, Liquor Operations Director; and John Dean, City Attorney. The meeting was called to order by Mayor Kirsch at 7:00 p.m. PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE Mayor Kirsch led the audience in the Pledge of Allegiance. APPROVAL OF MINUTES M/Ludeman, S/Sandahl to apgrove the minutes of the Special City Council Meeting of December 10, 1990; the minutes of the regplar City Council Meeting of December 10, 1990; the minutes of the Special City Council Meeting of December 12, 1990; the minutes of the Special City Council Meeting of December 13, 1990; the minutes of the Concurrent Special City Council and HRA Meeting of December 17, 1990; the minutes of the regular City Souncil Meeting of January 2, 1991; and the minutes of the City Council Study Session Meeting of January 7, 1991. Motion carried 4-0. Item #1 OPPORTUNITY FOR PERSONS TO ADDRESS THE CITY COUNCIL ON ANY ITEM NOT LISTED ON THE AGENDA. No one wished to address the council. Council Meeting Minutes -2- January 14, 1991 Item #2 PRESENTATION HY HUMAN RIGHTS CHAIR JEAN FOX TO STUDENT WINNERS OF POSTER CONTEST FOR ETHNIC CELEBRATION. C.L. NO. 5 Jean Fox, 6616 Sheridan Avenue, Chairperson of the Human Rights Commission, announced that the winners of the Ethnic Celebration Poster contest were Lisa Lindgren, Ben Nelson, and Shannon Johnson. Lisa Lindgren and Shannon Johnson were present to receive certificates and explain their posters. Item #3 PRESENTATION BY JEAN FOX REGARDING INVITATION AND INFORMATION ON THE HUMAN RIGHTS COMMISSION ETHNIC CELEBRATION. C.L. NO. 6 Benjamin Arriola, 7300 Thomas Avenue, representing the Human Rights Commission, invited the City Council and the public to attend the second annual All Richfield Ethnic Celebration on Saturday, January 19, 1991 at the Richfield Senior High School at 1:00 p.m. Item #4 PRESENTATION HY SOCIAL SERVICES COMMITTEE REGARDING RECOMMENDATIONS FOR SOCIAL SERVICE FUNDING ASSISTANCE FOR 1991. C.L. NO. 7 Camillo De Santis, 6508 Newton Avenue, provided a report regarding the recommendations of the Social Service Agency Committee for funding agencies as follows: VEAP Shared Transportation $ 3,000 Cornerstone Advocacy 3,000 Senior Community Services 2,810 Share-A-Home (Lutheran Social 1,000 Service of MN) Total 9.810 M/Sandahl, S/Stokes 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. 7709 RESOLUTION AUTHORIZING A REVISION OF THE 1991 BUDGET FOR OTHER AGENCIES DIVISION Motion carried 4-0. This resolution appears as Resolution No. 7709 in Resolution Hook No. 59. Council~Meeting Minutes -3- January 14, 1991 Item #5 PRESENTATION OF AWARDS BY CONTEST PANEL TO WINNERS OF THE RICHFIELD SIGN CONTEST. C.L. NO. S Pat Rickert, Naegle Outdoor Advertising, explained the entrance sign contest sponsored by Naegle Outdoor Advertising and the Richfield Tourism Board. Larry Zielke, Richfield Tourism Board, and Mayor Kirsch presented the awards to the entrance sign contest winners. The winners were: First Place: $1,000 Second Place: $250 Third Place: $100 Honorable Mention: $25 1 Harold C. Olsen Bob Boldt Lisa Wittnebel Suzanne Kienietz (for wording) Honorable Mention: Lauren Michelle Capistrant $25 (for graphic design) Item #6 COUNCIL APPROVAL OF AGENDA Council Member Ludeman requested that the agenda be amended to include discussion of funding improvements for Jefferson Park as part of Item #10. M/Ludeman, S/Sandahl to approve the agenda as amended. Motion carried 4-0. Item #7 CONSENT CALENDAR Council Member Ludeman stated that staff is waiting for further information prior to approval of the Motor Vehicle Dealers License for Richfield Mitsubishi, therefore, the consent calendar should be amended to exclude this license. 7A. APPROVED OF PURCHASE IN THE AMOUNT OF $10,532 FROM E. RENNER AND SONS FOR REPLACEMENT OF WELL N0.5. C.L. 9 Council Meeting Minutes -4- January 14, 1991 7B. APPROVED PURCHASE IN THE AMOUNT OF $11,747 FROM GROSSMAN CHEVROLET (HENN. CNTY BID) FOR A POLICE DIVISION VEHICLE. C.L. 10 7C. APPROVED PURCHASE IN THE AMOUNT OF $9454 FROM THOMAS PONTIAC GMC, INC. (HENN. CNTY. BID) FOR PICKUP TRUCK FOR UTILITY DIVISION. C.L. 11 7D. APPROVED PURCHASE IN THE TOTAL AMOUNT OF $13,104 FOR 100 SUMMIT ASH BOULEVARD TREES FROM HOFFMAN & MCNAMARA ($7200); 8 AMERICAN LINDEN AND 42 NORWAY MAPLES FROM MN VALLEY WHOLESALE ($4944) AND 10 SUGAR MAPLES FROM BACHMANS ($960) C.L. 12 7E. APPROVED PURCHASE FROM GENERAL REPAIR SERVICE IN THE AMOUNT OF $11,600 FOR ONE 1500 CFM AIR BLOWER FOR USE IN THE FILTER UNDERDRAIN REHABILITATION PROJECT AT THE WATER PLANT C.L. 13 7F. APPROVED AWARD OF CONTRACT FOR FILTER UNDERDRAIN REHAB. PROJECT AT THE WATER PLANT TO TONKA EQUIPMENT INC. IN THE AMOUNT OF $145,800 C.L. 14 - 7G. APPROVED PURCHASE OF EQUIPMENT FOR EMERGENCY OPERATIONS CENTER FROM COMMUNICATIONS CENTER IN RICHFIELD IN THE AMOUNT OF $9,118. C.L. 15 7H. APPROVED THE FOLLOWING 1991 LICENSE RENEWALS: A & A RUBBISH REMOVAL: 1 VEHICLE AIRPORT AIRLINE TAXI: 90 VEHICLES AIRPORT BOWL: FOOD, CIGARETTES, BOWLING ALLEY, ON-SALE NON-INTOXICATING FOOD VENDING MACHINES AMERICAN INTL RENT: 1400 E. 78TH STREET, MOTOR VEHICLE DEALER ARNOLDS: AMUSEMENT DEVICE, AMUSEMENT VIDEO BLUE & WHITE TAXI COMPANY: ONE VEHICLE BROADWAY PIZZA: AMUSEMENT VIDEO 1-5 MACHINES, MUSIC DEVICE BROWNING FERRIS, GARBAGE HAULERS: 11 VEHICLES BUCKINGHAM DISPOSAL, SAVAGE, GARBAGE HAULER CHI CHI'S: 3 AMUSEMENT VIDEOS DICK'S SANITATION SERVICE: TWO TRUCKS EDDIE'Z CAR WASH: SOFT DRINK, FOOD, CIGARETTE, CAR WASH EXPERT DISPOSAL, INC. GARBAGE HAULER: 7 TRUCKS GODFATHER PIZZA: SOFT DRINK, FOOD, FOOD VEHICLE, ON-SALE NON-INTOXICATING MALT LIQUOR GROUND ROUND: 5 AMUSEMENT VIDEO MACHINES K-MART: AMUSEMENT MUSIC DEVICE KINHDO RESTAURANT: FOOD, SOFT DRINK, ON-SALE NON-INTOXICATING MALT LIQUOR LARIAT LANES FOOD: SOFT DRINK, BOWLING ALLEY, ON-SALE NON INTOXICATING MALT LIQUOR, CIGARETTES PENN AVENUE MOTORS, MOTOR VEHICLE DEALER PROPERTY REFUSE REMOVAL: 1 VEHICLE QUALITY WASTE CONTROL, GARBAGE HAULER: 2 TRUCKS RICHFIELD-BLOOM HONDA, MOTOR VEHICLE DEALER SANDY'S TAVERN: ON-SALE NON-INTOXICATING LICENSE, SOFT DRINK, POOL, BILLIARD, CIGARETTES, OFF-SALE NON-INTOXICATING LIQUOR STEVE'S AUTO DETAILING SILVER SPOON, FOOD ESTABLISHMENT: SOFT DRINK, ON-SALE NON- ~1 Council Meeting Minutes -5- January 14, 1991 INTOXICATING MALT LIQUOR SUBURBAN TAXI CORPORATION: 55 VEHICLES TIP TOP CAR WASH: CAR WASH TOWN TAXI: 11 VEHICLES WALSER BUICK, MOTOR VEHICLE DEALER: SOFT DRINK, FOODVENDING (10) WALSER IMPORTS, MOTOR VEHICLE DEALER WOODLAKE SANITARY SERVICE: 5 VEHICLES YELLOW TAXI SERVICES: 21 VEHICLES 1 M/Ludeman, S/Sandahl to aparove the consent calendar as amended. Item #8 PUBLIC HEARING AND SECOND READING OF AN ORDINANCE PROVIDING FOR THE LICENSING AND REGULATION OF PAWNSHOPS AND SECONDHAND GOODS DEALERS. C.L. NO. 16 Public Safety Director Erskine reviewed Council Letter No. 16 regarding a proposed ordinance providing for the licensing and regulation of pawnshops and secondhand goods dealers. He reviewed the addition of provisions for a 60 day redemption period and a minimum age of 21 years old. Mr. Erskine also provided a draft stating the required bond amount would be $1500. He indicated coin dealers had expressed concerns regarding the relationship of state statutes and local regulations. William Starr, Attorney representing Dorothy and Hal Kreiger, owners of the Plaza Pawn, 6414 Lyndale Avenue, expressed concerns regarding the burden that the license and investigations fees would place on a business such as Plaza Pawn. He suggested Section 1186.31 should ask for the sellers receipt signature. Kent Froseth, a Bloomington coin dealer, reviewed a state statute related to coin dealers. He indicated the proposed ordinance would create hardships for dealers in gold bullion and collectables. Mr. Froseth suggested adoption of the State Statute language. City Manager Prosser indicated that the statute would be reviewed by staff; however, he recommended passage of the proposed ordinance at this time. He indicated if any change was warranted, it could be amended to reflect this. Chuck Winston, Twin Cities Gold & Silver Exchange, 750 W. 66th Street, stated he could not operate with the holding period regulation. He stated the state statute provided ample regulation. Greg Allers, 7501 2nd Avenue, urged the Council to delay passage to review this issue so as not to discourage businesses from locating in Richfield. Council Meeting Minutes -6- January 14, 1991 M/Sandahl, S/Ludeman to close the public hearing. Motion carried 4-0. Council Member Ludeman asked whether the statute had been reviewed and if dealers had been contacted. City Manager Prosser indicated that he felt the proposed ordinance was consistent with the State Statute which gave certain exemptions to coin dealers. Public Safety Director Erskine indicated the pawn shop operators had been initially contacted and the coin dealers had contacted Public Safety. Council Member Sandahl stated that the City had sought to regulate pawn shops and inadvertently possibly may restrict coin dealers. He indicated the 30 day period prior to the ordinance becoming effective would be sufficient for review regarding the coin dealers concerns. City Manager Prosser stated staff would meet with the coin dealers regarding their concerns and the ordinance. M/Ludeman to continue for two weeks consideration of Second Reading of the ordinance providing for the Licensing and regulation of yawn shops and secondhand dealers. Motion failed for lack of a second. M/Sandahl, S/Stokes that this constitute Second Reading of Bill No. 1991-1, Section 1186 - Pawnbrokers and Secondhand Goods Dealers, that the publication of this ordinance in the official newspaper be delayed for two weeks. and that it be made part of these minutes. Motion carried 4-0. City Manager Prosser stated the staff would provide a report back to the council in two weeks. 1 Item #9 PUBLIC HEARING RELATING TO AMENDMENT TO CONDITIONAL USE PERMIT FOR HOPE FOR KIDS LATCHKEY PROGRAM AT 7201 FOURTH AVENUE (HOPE PRESBYTERIAN). C.L. NO. 17 City Manager Prosser reviewed Council Letter No. 17 regarding a request by Hope Presbyterian Church for an amendment to their conditional use permit for Hope for Kids Latchkey program to allow an increase in program enrollment from 50 children to 65 children. Marilyn Hansen, Director of Family Ministries for Hope Presbyterian, spoke in support of the amendment and stated that the landscaping would be completed this spring. Council M®eting Minutes -7- January 14, 1991 M/Ludeman, S/Sandahl to close the public hearing. Motion carried 4-0. M/Ludeman, S/Stokes ~o approve an amendment to the conditional use permit to increase allowed enrollment from 50 to 65 children in the Hone for Kids Latchkey program at Hope Presbyterian Church, 7201 Fourth Avenue, sub;ipct to the landscaping agreement. Motion carried 4-0. Item #10 CONSIDERATION TO APPROVE THE 1991 CAPITAL IMPROVEMENTS BUDGET. C.L. NO. 18 1 City Manager Prosser reviewed Council Letter No. 18 regarding the proposed 1991 Capital Improvements Budget. Sue Sandahl, 7601 Bryant Avenue, Chairperson of the Community Services Commission, stated that after the defeat of the Parks Bond Referendum the commission had sought innovative ideas to raise funds for additional park improvements. Therefore, they proposed the waterslide facility be added at the municipal pool and the multipurpose shelter with bathroom facilities and concession area be added at Veterans Memorial Park. Ms. Sandahl read a unanimous motion of the Community Services Commission in support of funding and construction of the multipurpose shelter at Veterans Memorial Park. She also stated that the commission also knew the needs of improving neighborhood parks, but that spending the money to improve the 5 neighborhood parks would result in no other improvements for 8 years. She indicated other funding such as a referendum and revenue generating ideas need to possibly be considered. John Hamilton, 7220 Harriet Avenue, Community Services Commission Member, stated that the Community Services Commission independently recommended these improvements. He spoke in support of the waterslide and the multipurpose building. Greg Allers, 750 2nd Avenue, Community Services Commission Member, spoke in support of the proposed Capital Improvement Budget. Emily Day, 7340 Clinton Avenue, Community Services Commission Member, reviewed the need for the multipurpose shelter building at Veterans Memorial Park. M/Sandahl, S/Ludeman to close the public hearing. Motion carried 4-0. Council Meeting Minutes -8- January 14, 1991 Council Member Ludeman stated he supported the waterslide but wanted more information about waterslide costs, revenues, and amortization. He stated that the results of the Park Bond issue gave a message that people want neighborhood parks as a priority. He stated that he did not think that $500,000 was necessary to improve each neighborhood park. Council Member Ludeman stated support for improvement of Jefferson Park, and asked Community Services Director Fondrick to explain the costs associated with a neighborhood park improvement project. Community Services Director Fondrick indicated the $500,000 would be typically spent for items such as a park shelter, utilities, lights, play features, park furniture, paths, and grading. Council Member Sandahl stated the need for a community wide process to determine the priorities for neighborhood park improvements and how to fund them. He stated support for passing the proposed C.I.B. tonight and then proceeding with the community wide process regarding prioritizing neighborhood park improvements and how to fund them. Council Member Stokes stated that the multi-purpose shelter would be security for the facilities and the need for a fair way to decid® what parks to improve. Community Services Fondrick reviewed cost, revenue, payback, and attendance projections for the proposed waterslide. Council Member Ludeman stated a desire for future proforma projections regarding the waterslide. Council Member Stokes noted that Maxfield Research indicated that attendance may plateau after about 5 years if changes are not made to update the feature. Community Services Fondrick indicated Veteran's Memorial Park provided a variety of "family" activities and that various fountain spray features would also be provided. He then reviewed the waterslide budget projections. M/Ludeman, S/Sandahl to approve 5250,000 for the installation of the waterplay features at the Municipal Swimming Pool Site funded by a loan from the water fund with a proforma sheet to be provided to the Council for the waterslide within a reasonable time. Motion carried 4-0. Council Member Ludeman discussed using the fund balance for funding park improvements at Jefferson Park. Council Meeting Minutes -9- January 14, 1991 M/Ludeman, S/Kirsch to aporove 5500,000 for Jefferson Park Improvements with 5400 X000 from fund balance and 5100,000 from the Special Revenue Fund (liquor store)• and to approve the followina• Veterans Memorial Park Multipurpose Shelter $ 152,000 Wood Lake Nature Center 14,000 Jefferson, Roosevelt, Washington Parks Tennis Courts 34,000 Motion failed 2-2. (Sandahl, Stokes opposed) Council discussion followed regarding the use of fund balance for park improvements, the alternative of doing nothing at Veterans Memorial Park, and the scheduling of Jefferson Park as the next neighborhood park to be improved. M/Sandahl, S/Stokes to a~nrove the following capital improvements: Veterans Memorial Park - Park Shelter Building $ 230,000 Wood Lake Nature Center Carpet 14,000 Tennis Court Improvements 34,000 Jefferson Park Roosevelt Park Washington Park Taft Park Play Features 22,000 Total Special Revenue Allocation $300,000 Motion failed 1-3_. (Kirsch, Ludeman, Stokes opposed) Council discussion followed regarding the philosophy of the improvement of neighborhood parks the status of Veterans Memorial Park improvements, and the use of fund balance for park improvements. Council Member Sandahl suggested the possibility of committing $500,000 for a neighborhood park in 1992 with the source of funds and the priority of scheduling neighborhood park improvements to be determined. M/Sandahl, S/Stokes to a~orove the revised 1990 Capital Improvement Budget, the 1991 Capital Improvement Budget and the 1992/96 capital Improvement Program including the following allocation of Special Revenue funds for the 1991 Capital Improvement Budget: Veterans Memorial Park - Park Shelter Building S 230,000 Wood Lake Nature Center Carpet 14,000 Tennis Court Improvements 34,000 Jefferson Park Roosevelt Park Washington Park Taft Park Play Features 22,000 $ 300,000 Council Meeting Minutes -10- January 14, 1991 and that 5500,000 be committed for expenditure on a neighborhood park in 1992 with funding to be determined or to come from the fund balance reserve. Motion carried 4-0. Item #11 FIRST READING TRANSITORY ORDINANCE RELATING TO 1991 CAPITAL IMPROVEMENT PROJECTS. C.L. N0. 19 City Manager Prosser reviewed Council Letter No. 19 regarding a proposed transitory ordinance providing for the expenditure of funds from the Special Revenue Fund for the following capital improvements: Veterans Memorial Park - Park Shelter Building $230,000 Wood Lake Nature Center Carpet 14,000 Tennis Court Improvements 34,000 Jefferson Park Roosevelt Park Washington Park Taft Park Play Features 22,000 $300,000 M/Sandahl, S/Ludeman that this constitute the First Reading of this Transitory Ordinance and that the Public Hearing and Second Reading of the ordinance be scheduled for the February 11, 1991 City Council Meeting. Motion carried 4-0. Item #12 AUTHORIZATION TO RETURN $5,000 EARNEST MONEY TO MARKET PLAZA FOR 66TH STREET IMPROVEMENTS. C.L. NO. 20 City Manager Prosser reviewed Council Letter No. 20 recommending release of $5000 in earnest money held as Market Plaza's-commitment to make modifications to their driveway on 66th Street because the work has now been completed. M/Ludeman, S/Stokes to release the 55,000 earnest money to Market Plaza, A Limited Commercial Partnership. Motion carried 4-0. Council-'Meeting Minutes -il- January 14, 1991 Item #13 CONSIDERATION OF APPROVAL OF RENEWAL OF CONTRACT WITH THE CITY OF HLOOMINGTON TO PROVIDE HEALTH SERVICES TO THE CITY OF RICHFIELD FOR THE YEAR 1991. C.L. N0. 21 City Manager Prosser reviewed Council Letter No. Z1 regarding the renewal of the contract with the City of Bloomington for the provision of public health services for the City of Richfield in 1991. M/Sandahl, S/Stokes to approve the renewal of the contract with the City of Bloomington in the amount of 5149,540 for the provision of public health services for the City of Richfield for the year 1991. Motion carried 4-0. Item #14 CONSIDERATION OF APPROVAL OF RENEWAL OF CONTRACT WITH THE CITY OF BLOOMINGTON TO PROVIDE INSPECTIONAL SERVICES TO THE CITY OF RICHFIELD. C.L. NO. 22 City Manager Prosser reviewed Council Letter No. 22 regarding the continuation of the agreement with the City of Bloomington for provision of inspectional and enforcement services in the areas of plumbing, heating and air conditioning, food service, forestry and plan check for food services. M/Sandahl, S/Ludeman to approve the contract with the City of Bloomington in the amount of 591,610 for the provision of inspectional and enforcement services for the City of Richfield for the year 1991. Motion carried 4-0. Item #15 CONSIDERATION OF A RESOLUTION DECLARING A COUNCIL VACANCY IN COUNCIL WARD ONE. C.L. NO. 23 Mayor Kirsch presented a resolution declaring a vacancy to exist on the City Council as a result of his resignation as Ward 1 Council Member. M/Ludeman, S/Sandahl that the following resolution be adoDted• that it be spread in the resolution book and that it be made part of these minutes: RESOLUTION NO. 7710 RESOLUTION DECLARING A VACANCY ON THE CITY COUNCIL Motion carried 4-0. This resolution appears as Resolution No. 7710 in Resolution Book No. 59. Council Meeting Minutes -12- January 14, 1991 Item #16 DISCUSSION OF COUNCIL MEMBER APPOINTMENT PROCESS. C.L. NO. 24 Mayor Kirsch stated that his desire to schedule the following meetings: • 1) Wednesday, January 23, 1991 6:00 P.M. for the purpose of interviewing candidates for appointment to the Ward 1 Council Member vacancy. 2) Thursday, January 24, 1991 6:00 P.M. for the purpose of making an appointment to fill the Ward 1 Council Member vacancy. He indicated that applications should be submitted by 4:30 P.M. on January 22. M/Kirsch, S/Stokes to schedule the following Special City Council Meetings: 1) Wednesday, January 23, 1991 6:00 P.M. for the purpose of interviewing candidates for appointment to the Ward Z Council Member vacancy. 2) Thursday, January 24, 1991 6:00 P.M. for the purpose of making an appointment to fill the Ward 1 Council Member vacancy. and that applications be submitted by 4:30 P.M. January 22~, ~~. • Motion carried 4-0. Item #17 CONFIRMATION OF MAYOR'S APPOINTMENT TOP THE HRA. C.L. N0. 25 Mayor Kirsch announced his appointment of Lawrence Wozniczka as HRA Commissioner. M/Kirsch, S/Sandahl to confirm the Mayor's appointment of Lawrence Wozniczka as an HRA Commissioner to an unexpired five year term. which will expire in October, 1993. Motion carried 4-0. 0 Council Meeting Mfnutes -13- January 14, 1991 Item #18 LEGISLATIVE REPORT None Item #19 COUNCIL DISCUSSION ITEMS Mayor Kirsch stated he had received questions regarding snowplowing. Community Services Director Fondrick reviewed snowplowing policies and indicated only major streets had been plowed during the last small snowfall. Council discuss~.on followed regarding council attendance at NLC and NOISE meetings. It was the consensus of the council that Council Member Sandahl may attend the NOISE Board Meeting. Item #20 CLAIMS AND PAYROLLS M/Sandahl, S/Ludeman that the following claims and payrolls be a~nroved: RICHFIELD STATE BANK Checks 13491-13568; 23687-23938 $ 771,315.52 FIRST WESTERN BANK Checks 5951-5998 $ 906,332.34 Checks 43133-431254; 43623-43919. Payroll $ 320,395.29 Motion carried 4-0. ADJOURNMENT M/Ludeman, S/Sandahl to adjourn the meeting. Motion carried 4-0. The meeting Date Approved:- Thomas P. Ferber City Clerk was adjourned at 9:54 p.m. < 1/28/91 ~~~ Mart J. r J s D. Prosser y Manager