05-13-1991CITY OF RICHFIELD, MINNESOTA
REGULAR CITY COUNCIL MEETING
May 13, 1991
MEMBERS PRESENT: Martin Kirsch, Mayor; Yvan Ludeman; Michael
Sandahl; Kristal Stokes; and William Bullock.
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 approve the minutes of the followina
meetinas: Special City Council Study Session of April 12, 1991;
Special City Council Study Session of April 13, 1991; City
Council Study Session of April 17, 1991; City Council Closed
Special Executive Session of April 22, 1991; Regular City Council
Meeting of April 22, 1991; City Council Study Session of April
29, 1991; 1991 Richfield Board of Review Meeting of April 29,
1991; Joint Meetina of Richfield City Council and Richfield
School Board of May 6, 1991; Reconvened 1991 Richfield Local
Hoard of Review of Mav 6, 1.991; and City Council Study Session of
May 6, 1991.
Motion carried 5-0.
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- May 13, 1991
Item #2 PROCLAMATION DESIGNATING MAY 20-27, 1991 AS BUCKLE UP
AMERICA WEEK IN RICHFIELD
Council Member Bullock read a proclamation designating May
20-27, 1991 as Buckle Up America Week in Richfield.
Item #3 COUNCIL APPROVAL OF AGENDA
M/Ludeman, S/Stokes to approve the a eg nda.
Motion carried 5-0.
Item #4 CONSENT CALENDAR
4A. APPROVED RESOLUTION TO AMEND APPENDIX D OF THE RICHFIELD CITY
CODE, SETTING FEES FOR CONDITIONAL ACTIVITY PERMITS AND
NONCONFORMING USE PERMITS C.L. 113
RESOLUTION NO. 7738
RESOLUTION AMENDING CERTAIN PROVISIONS OF RESOLUTION 7697
ENTITLED "RESOLUTION ESTABLISHING 1991 LICENSE, PERMIT AND
MISCELLANEOUS FEES PURSUANT TO THE PROVISIONS OF
APPENDIX D OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD
RESCINDING RESOLUTION NO. 7582"
This Resolution appears as Resolution No. 7738 in Resolution
Book No. 59.
B. APPROVED REQUEST FOR AMENDMENT TO OFF-STREET PARKING PERMIT
AT COLONY OF RICHFIELD APARTMENTS, 1740~g WEST 76TH STREET
C.L. 114
C. APPROVED REQUEST FOR AMENDMENT TO OFF-STREET PARKING PERMIT
AT RICHFIELD STATE AGENCY, 6625 LYNDALE AVENUE C.L. 115
D. APPROVED RESOLUTION AUTHORIZING SUBMITTAL OF PRELIMINARY
RIGHT-OF-WAY ACQUISITION LOAN FUND (RALF) LOAN APPLICATION
FOR PURCHASE OF PROPERTY AT 7645 WENTWORTH AVENUE C.L. 116
RESOLUTION NO. 7739
RESOLUTION AUTHORIZING LOAN APPLICATION
FOR ACQUISITION OF 77TH STREET RIGHT-OF-WAY;
7645 WENTWORTH AVENUE
Council Meeting Minutes -3- May 13, 1991
This Resolution appears as Resolution No. 7739 in Resolution
Book No. 59.
E. APPROVED RESOLUTION AUTHORIZING SUBDIVISION WAIVER FOR HUB
WEST PROJECT AREA C.L. 117
RESOLUTION N0. 7740
RESOLUTION AUTHORIZING SUBDIVISION WAIVER
This Resolution appears as Resolution No. 7740 in Resolution
Book No. 59.
F. APPROVED RESOLUTION APPROVING EXPENDITURE OF $12,000 FOR
RESURFACING OF 66TH STREET AND PORTLAND AVENUE FROM
RICHFIELD'S MUNICIPAL STATE AID (MSA) CONSTRUCTION ACCOUNT
AND APPROVING CONSTRUCTION COOPERATIVE AGREEMENT C.L. 11S
RESOLUTION N0. 7741
RESOLUTION AUTHORIZING EXPENDITURE OF $12,000 OF RICHFIELD'S
MUNICIPAL STATE AID CONSTRUCTION MONIES TO OFFSET
CERTAIN EXPENSES IN CONJUNCTION WITH THE RESURFACING
OF 66TH STREET AND PORTLAND AVENUE _
This Resolution appears as Resolution No. 7741 in Resolution
Book No. 59.
G. APPROVED 1991 AND 1992 AGREEMENT WITH THE CITY OF MINNEAPOLIS
FOR PARTICIPATION IN URBAN CORPS INTERN PROGRAM C.L. 119
H. APPROVED RESOLUTION APPROVING 1990 LABOR CONTRACT WITH THE
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 1215
C.L. 120
RESOLUTION N0. 7742
RESOLUTION APPROVING LABOR AGREEMENT BETWEEN THE CITY OF
RICHFIELD AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS,
LOCAL 1215 BARGAINING UNIT FOR THE YEAR 1990
This Resolution appears as Resolution No. 7742 in Resolution
Book No. 59.
I. APPROVED PURCHASE OF INSURANCE FOR SISTER CITY COMMISSIONERS'
TRIP TO HEREDIA, COSTA RICA C.L. 121
J. APPROVED
FOR RICH
AMOUNT 0:
K. APPROVED
BACKWASH
123
PURCHASE IN EXCESS OF $5,000 FOR NEW UTILITY VEHICLE
ACRES GOLF COURSE FROM CUSHMAN MOTOR COMPANY IN THE
F $7390.00 C.L. 122
PURCHASE IN EXCESS OF $5,000 FOR THREE FILTER
METERS FROM HACH IN THE AMOUNT OF $6,435.00 C.L.
Council Meeting Minutes -4- May 13, 1991
L. APPROVED BID MINUTES/TABULATION AND AWARD OF CONTRACT FOR
1991 SIDEWALK, CURB AND GUTTER REPAIR PROJECT TO GUNDERSON
BROTHERS IN THE AMOUNT OF $17,180.00 C.L. 124
M. APPROVED PURCHASE OF FIREWORKS FOR 1991 FOURTH OF JULY
CELEBRATION AND STAFF TO DO DISPLAY FROM AMERICANA FIREWORKS
DISPLAY COMPANY IN THE AMOUNT OF $11,000.00 C.L. 125
N. APPROVED COMMUNITY CELEBRATION EVENT LICENSE AND REQUEST FOR
FEE WAIVER FOR FOURTH OF JULY COMMITTEE FOR ACTIVITIES TO BE
HELD ON JULY 4, 1991 C.L. 126
O. APPROVED RESOLUTION GRANTING APPLICATION FOR RENEWAL OF
LAWFUL GAMBLING LICENSE AND WAIVER OF INVESTIGATION FEE FOR
VFW POST 5555, 710 LAKESHORE DRIVE C.L. 127
RESOLUTION NO. 7743
A RESOLUTION GRANTING APPROVAL FOR THE
VFW POST 5555 TO CONDUCT LAWFUL GAMBLING
This Resolution appears as Resolution No. 7743 in Resolution
IIook No. 59.
P. APPROVED RESOLUTION GRANTING APPLICATION FOR RENEWAL OF
LAWFUL GAMBLING LICENSE AND WAIVER OF INVESTIGATION FEE FOR
RICHFIELD AMERICAN LEGION #435, 6501 PORTLAND AVENUE
C.L. 128
RESOLUTION NO. 7744
A RESOLUTION GRANTING APPROVAL FOR THE
RICHFIELD AMERICAN LEGION #435
This Resolution appears as Resolution No. 7744 in Resolution
Book No. 59.
Q. APPROVED RESOLUTION GRANTING APPLICATION FOR RENEWAL OF
LAWFUL GAMBLING LICENSE AND WAIVER OF INVESTIGATION FEE FOR
CHURCH OF THE ASSUMPTION OF RICHFIELD, 305 EAST 77TH STREET
C.L. 129
RESOLUTION NO. 7745
A RESOLUTION GRANTING APPROVAL FOR THE
CHURCH OF THE ASSUMPTION OF RICHFIELD
This Resolution appears as Resolution No. 7745 in Resolution
Book No. 59.
M/Sandahl, S/Stokes to approve the consent calendar.
1
Motion carried 5-0.
Council Meeting Minutes -5- May 13, 1991
Item #5 PUBLIC HEARING AND SECOND READING OF ORDINANCE
AMENDMENT REGULATING RECYCLING AT APARTMENT BUILDINGS
IN THE CITY OF RICHFIELD. C.L. NO. 130
City Manager Prosser reviewed Council Letter No. 130
regarding a proposed ordinance amendment providing that property
owners of multiple residential units must provide apartment
dwellers an opportunity to recycle.
Council Member Ludeman asked if a concrete slab is required
for the recycling dumpsters and whether apartment tenants would
put recycling containers in the hallways.
City Manager Prosser stated that a concrete slab was already
required for trash dumpsters and the recycling containers would
be in same location. He stated fire regulations would prohibit
tenants from using the hallway for storage of recyclables.
M/Sandahl, S/Bullock to close the Aublic hearing.
Motion carried 5-0.
M/Sandahl, S/Ludeman that this constitute Second Reading of
Bill No. 1991-6 ~ Amendment to Section 601, that it be published
in the official newspaper and that it be made part of these
minutes.
Motion carried 5-0.
Item #6 PUBLIC HEARING AND SECOND READING OF TRANSITORY
ORDINANCE PROVIDING FUNDING FOR CERTAIN CAPITAL
YMPROVEMENTS FROM THE SPECYAL REVENUE FUND.
C.L. NO. 131
City Manager Prosser reviewed Council Letter No. 131
regarding a proposed transitory ordinance to incorporate a
revision in the expenditure of Special Revenue Funds for 1991
capital improvements.
M/Sandahl, S/Ludeman to close the public hearing.
Motion carried 5-0.
Council Meeting Minutes -6- May 13, 1991
M/Sandahl, S/Stokes that this constitute Second Reading of
Bill No. 1991-7, Transitory Ordinance No. 17.40, that it be
published in the official newspaper and that it be made part of
these minutes.
Motion carried 5-0.
Item #7 CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT
AND APPROVAL OF FINAL DEVELOPMENT PLAN FOR HUB WEST
REDEVELOPMENT PROJECT. C.L. NO. 132
City Manager Prosser reviewed Council Letter No. 132
regarding a request for a conditional use permit and approval of
the final development plan for the Hub West Redevelopment
Project.
Dick Heuer, representing Bradley Real Estate Investment
Trust, reviewed the site plan and the changes proposed for the
Hub West site.
Jeff Agnes, Shea Architects, reviewed an architectural model
of the proposed redevelopment and answered questions from the
audience.
Don Houlding, 7145 13th Avenue, asked if a raised berm would
be placed along 66th Street. Mr. Agnes responded that no berm
was planned.
Jan Cerny, 6648 4th Avenue, stated concern about grocery
shopping alternatives for the elderly who now walk to Hauser's.
Mr. Heuer responded that the Richfield Community Center and
Rainbow had been contacted regarding addressing this issue during
the construction phase.
Evelyn Skoog, 7421 Aldrich Avenue, stated concerns about the
existing entrance/exit to 65th Street that is adjacent to U.S.
Swim & Fitness.
Mr. Agnes indicated there were no plans to change the
driveway. However, the parallel parking places adjacent to the
driveway will be eliminated which will improve the sight lines.
City Clerk Ferber read a letter (City Clerk File No. C-323)
from Lawrence Wozniczka, 6744 Wentworth Avenue, stating Mr.
Wozniczka's concerns and questions regarding the project.
City Manager Prosser stated a written response had been
prepared to answer Mr. Wozniczka.
Council Meeting Minutes -7- May 13, 1991
M/Ludeman, S/Sandahl to close the public hearing.
Motion carried 5-0.
M/Ludeman, S/Sandahl to approve the conditional use permit
and final development plan for the Hub West Redevelopment Project
with the following stipulations:
1. That all new lighting standards match the existing standards
used throughout the Hub Center in style and height.
2. That the owners enter into a contractual agreement to take
corrective action if the level of service at the 66th Street
and vacated Pillsbury entry is reduced to a point that is
unacceptable to the City. Such agreement shall specify the
method of determining changes in level of service and
acceptable redesign of the entry.
3. The issuance of the conditional use permit and approval of
the final development plan are specifically made subject to
the following conditions precedent:
(a} Applicant having provided the City with evidence that
appropriate instruments have been executed and recorded
which provide for the common layout and sharing of
parking and access over and across the HUB West, HUB: East
and KFC properties; and
(b) Applicant having acquired title to the HUB West property.
Motion carried 5-0.
Item #3 CONSIDERATION OF REQUEST BY TWIN CITY TIRE FOR SIGN
PERMIT IN A C-3 DISTRICT, 711 WEST 77~ STREET.
C.L. N0. 133
City Manager Prosser reviewed Council Letter No. 133
regarding a request by Twin City Tire for a sign permit to
relocate their business sign within a C-3 zoning district.
Council Member Ludeman asked if a nearby furniture store
would also be placing a sign on the proposed business sign.
City Manager Prosser indicated that a sign permit
application had not been received for such a request.
M/Ludeman, S/Bullock to close the public hearing.
Motion carried 5-0.
Council Meeting Minutes -8- May 13, 1991
M/Bullock, S/Sandahl to approve the sign permit for Twin
City Tire, 711 West 77~ Street for location of the business sign
in a C-3 zoning district as per the submitted site plan.
Motion carried 5-0.
Item #9 CONSIDERATION OF 1991 SECONDHAND GOODS LICENSE FOR
GUARANTY COIN EXCHANGE, INC. d/b/a TWIN CITIES GOLD AND
SILVER, 750 WEST 66TH STREET. C.L. NO. 134
City Manager Prosser reviewed Council Letter No. 134
regarding the application of Guaranty Coin Exchange, Inc. d/b/a
Twin Cities Gold and Silver for a 1991 secondhand goods license.
M/Sandahl, S/Stokes to close the public hearing.
Motion carried 5-0.
M/Sandahl, S/Bullock to approve the granting of a 1991
sec®ndhand g®®ds licens® tc Guaranty Coin Exchange, inc. d/b/a
Twin Cities Gold and Silver, 750 West 66th Street.
Motion carried 5-0.
Item #10 CONSIDERATION OF 1991 PAWNBROKER AND SECONDHAND GOODS
LICENSE FOR PLAZA PAWN, 6414 NICOLLET AVENUE.
C.L. NO. 135
City Manager Prosser reviewed Council Letter No. 135
regarding the application of Plaza Pawn for a 1991 pawnbroker and
secondhand goods license.
William Starr, Attorney, appeared on behalf of Plaza Pawn.
Don Houlding, 7145 13th Avenue, suggested that pawnbrokers
contribute to the downfall of a city and asked that they be
prohibited.
City Attorney Dean stated that the City cannot prohibit
these businesses but can regulate and license them. He indicated
that the public hearings being held tonight were a result of a
recent ordinance to regulate and license pawnbroker businesses.
Council Member Ludeman asked if the number of such
businesses could be limited.
City Attorney Dean stated it may be possible to limit the
number of licenses.
Council Meeting Minutes -9- May 13, 1991
It was the consensus of the Council that the City Attorney
review the possibility of an ordinance limiting the number of
pawnbroker licenses.
M/Sandahl, S/Ludeman to close the public hearing.
Motion carried 5-0.
M/Bullock, S/Sandahl to approve the granting of a 1991
pawnroker and secondhand goods license for Plaza Pawn, 6414
Nicollet Avenue.
Motion carried 5-0.
Ytem #11 CONSIDERATION OF 1991 PAWNBROKER AND SECONDHAND GOODS
LICENSE FOR FIREARM SYSTEMS AND DESIGN, D/B/A THE GUN
SHOP AND PAWNBROKER, 7529 LYNDALE AVENUE. C.L. NO. 136
City Manager Prosser reviewed Council Letter No, 136
regarding the application of Firearm Systems and Design, d/b/a
The Gun Shop and Pawnbroker, for a 1991 pawnbroker and secondhand
goods license.
M/Ludeman, S/Sandahl to close the public hearing.
Motion carried 5-0.
M/Ludeman, S/Sandahl to approve the granting of a 1991
pawnbroker and secondhand goods license for Firearm Systems and
Design, d/b/a The Gun Shop and Pawnbroker, 7529 Lyndale Avenue
subject to the submittal of the required 51500 bond within 10
days.
Motion carried 5-0.
Item #12 CONSIDERATION OF APPLICATION FOR RESIDENTIAL KENNEL
LICENSE FOR MARILYN STABER, 7544 SECOND AVENUE.
C.L. NO. 137
City Manager Prosser reviewed Council Letter No. 137
recommending denial of the application of Marilyn Staber for a
residential kennel license.
Mrs. Fritz, 7533 2nd Avenue, stated concerns about barking
dogs and spoke in opposition to granting the kennel license.
Council Meeting Minutes -10- May 13, 1991
Marilyn Staber, 7544 2nd Avenue, stated that she supervise
her dogs when they are out of the house 3 times a day for 15
minutes. She indicated that the barking of her dogs was a
problem several years ago but is now controlled. Ms. Staber
stated that other dogs on the block are responsible for the noise
problem.
Brock Kiecker, 7545 Stevens Avenue, stated that other dogs
on the block bark alot and that he didn't even know Ms. Staber
had any dogs during the last 2 years.
Public Safety Director Erskine reviewed the nuisance
ordinance provisions regarding barking dogs.
M/Ludeman, S/Bullock to deny granting a residential kennel
license to Marilyn Staber, 7544 2nd Avenue.
Motion carried 4-1. (Stokes opposed)
Ytem #13 FIRST READING OF PROPOSED ORDINANCE AMENDMENT TO CITY
ORDINANCE CODE 310.45, RETIREMENT AGE. C.L. N0. 138
City Manager Prosser reviewed Council Letter No. 138
regarding a proposed ordinance amendment to modify Section 310.45
to comply with the current Federal Age Discrimination in
Employment Act.
M/Sandahl, S/Bullock that this constitute the First Reading
of this ordinance and that the Public Hearing and Second Reading
of the ordinance be scheduled for the June 10. 1991 City Council
Meeting
Motion carried 5-0.
Item #14 CONSIDERATION OF CITY'S CONTINUED PARTICIPATION IN
SUBURBAN RATE AUTHORITY (SRA) C.L. NO. 139
City Manager Prosser reviewed Council Letter No. 139
regarding consideration of the City's continued participation in
the Suburban Rate Authority (SRA).
Council Member Sandahl stated that it was a difficult
decision but that after reviewing the benefits of the SRA and the
City°s financial situation, he supported discontinuing membership
in the SRA.
Council Member Bullock stated that the SRA appeared to be a
good organization, but should more aggressively seek other
members. He suggested that the City reconsider rejoining the SRA
if the financial situation stabilizes.
Council Meeting Minutes -11- May 13, 1991
Mayor Kirsch asked if other organizations could provide
similar services.
City Manager Prosser stated the League of Minnesota Cities
(LMC) or the AMA could possibly provide such services but do not
at this time.
M/Sandahl, S/Kirsch to discontinue the City's participation
in the Suburban Rate Authority effective in 1992 and authorize
the City Manager to submit a written notice or withdrawal.
Motion carried 5-0.
Item #15 CONSIDERATION OF POLICY REGULATING ADVERTISEMENTS IN
COMMUNITY SERVICES PUBLICATIONS. C.L. N0. 14®
City Manager Prosser reviewed Council Letter No. 140
regarding a proposed policy regulating advertisements in
Community Services publications.
Council Member Stokes inquired about the amount of
advertising and anticipated cost reduction.
Community Services Director Fondrick indicated that it was
estimated that there would be approximately one page of
advertising generating $10,000 - $15,000.
Council Member Sandahl suggested that there may be a need
for a policy regarding the percentage of advertising allowed. It
was the consensus of the council to have the Community Services
Commission review that issue.
sold.
Council Member Ludeman asked how the advertisements would be
Community Services Director Fondrick stated that the School
District and City would hire a professional who would work on a
commission.
M/Sandahl, S/Bullock to approve the following policy:
POLICY REGULATING ADVERTISEMENTS
IN COMMUNITY SERVICES DEPARTMENT PUBLICATIONS
The Community Services Department of the City of Richfield
strives to keep the citizens informed of Department policies and
programs through a variety of Department publications. To offset
the cost of printing these publications, the Department
Council Meeting Minutes -12- May 13, 1991
periodically solicits advertisements from area businesses. The
City of Richfield establishes the following policy for accepting
advertisements in city publications:
1. Given the negative public health and safety ramifications
associated with the use of liquor, particularly by minors,
the City will not accept advertisements which relate to or
promote the use of liquor.
2. There is a preponderance of evidence indicating the negative
impact of tobacco usage on the public health. The City will
not accept advertisements relating to or promoting the use of
tobacco products in its publications.
3. Advertisements for businesses that are in the primary
business of selling liquor and/or tobacco products will not
be accepted.
4. Advertisements which are libelous or obscene or which promote
sexually oriented businesses and/or products will not be
accepted. Nor will advertisements which promote illegal
products, business or activities be accepted.
5. The City is a non-partisan entity. Advertisements for the
promotion of a political party, candidate, or issue will not
be accepted.
Motion carried 5-0.
Item #16 DESIGNATION OF A SECOND REPRESENTATIVE TO MASAC FOR
1991. C.L. NO. 141
City Manager Prosser reviewed Council Letter No. 141
regarding designation of a second Richfield representative to the
Metropolitan Airport Sound Abatement Council (MASAC).
M/Kirsch, S/Ludeman to designate George Karnas as a
Richfield representative to the Metropolitan Airport Sound
Abatement Council for 1991.
Motion carried 5-0.
Item #17 CONSIDERATION AS TO WHETHER TO HOLD A COUNCIL MEETING
ON MAY 27, 1991. C.L. NO. 142
City Manager Prosser reviewed Council Letter No. 142
regarding consideration of cancellation of the May 27, 1991 City
Council Meeting.
Council Meeting Minutes -13- May 13, 1991
M/Ludeman, S/Sandahl to cancel the May 27, 1991 City Council
Meetinu.
Motion carried 5-0.
Item #18 LEGISLATIVE REPORT
City Manager reviewed the status of legislation regarding
the following issues:
1) 77th Street funding
2) Police Relief Association/PERA Consolidation
3) Tax Bill Impact
4) Redistricting
Council Member Bullock stated concerns about the impact of a
redistricting proposal which would put Richfield in a Senate
district with part of Minneapolis.
0
Item #19 COUNCIL DISCUSSION ITEMS
Council Member Bullock stated concerns about the use of
styrofoam cups at city hall.
City Manager Prosser reviewed city hall recycling efforts
and the discussions of the Employee Advisory Committee regarding
this issue.
Item #20 CLAIMS AND PAYROLLS
M/Ludeman, S/Sandahl that the following claims and payrolls
be aporoved:
RICHFIELD STATE BANK
Checks 13932-14011; 25777-26125
FIRST MINNESOTA
Check 1119
FIRST WESTERN BANK
Checks 6162-6195
Checks 47327-47681 Payroll
$1,333,724.84
$ 15,000.00
$1,033,685.09
$ 338,233.23
Motion carried 5-0.
Council Meeting Minutes
ADJOURNMENT
-14-
May 13, 1991
M/Bullock, S/Ludeman to adjourn the meeting.
Motion carried 5-0.
The meeting was adjourned at 8:35 p.m.
Date Approved: 6/10/91
-~% ~
Thomas P. Ferber
City Clerk
Martin irsch Mayor
ame D. Prosser
ity Manager
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