06-24-1991CITY OF RICHFIELD, MINNESOTA
REGULAR CITY COUNCIL MEETING
June 24, 1991
MEMBERS PRESENT: Martin Kirsch, Mayor; Ivan 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/Stokes to. approve the City Council Studv
Session Minutes of June 3, 1991; the minutes of the City Council
Executive Session of June 3, 1991; the minutes of the Special
City Council Meeting of June 10, 1991; and the regular City
Council Meeting of June 10, 1991.
Motion carried 5-0.
Item #1 PRESENTATION OF THE "GENE JACOBSEN CITIZEN OF THE YEAR"
AWARD TO MATTHEW LITTLE. C.L. NO. 167
Human Rights Commission Member John Boyle reviewed the "Gene
Jacobsen Citizen of the Year" Award selection process stating
that the award is presented to a person whose actions demonstrate
an awareness and commitment to the attitudes and practices that
foster human understanding, tolerance and the spirit of human
relations.
Council Meeting Minutes -2- June 24, 1991
Armando Lissarrague, Chairperson of the Human Rights
Commission, introduced Matthew Little as the 1991 "Gene Jacobsen
Citizen of the Year". He stated that Matthew Little has made a
long-standing commitment to civil and human rights dating back to
the 1950's. He has served in numerous city, state and national
organizations and citizen groups including the newly established
University of Minnesota Human Rights Commission. Mr. Little is a
35 year member of the National Association for the Advancement of
Colored People (NAACP) and serves his third term as president of
the Minneapolis branch. He is also cochair of the multiracial
committee, Stop the Violence, formed to combat street violence
and racial tension.
Edwina Garcia, State Representative 40A, read and presented
a House of Representatives proclamation honoring Mr. Little for
his accomplishments.
Matthew Little thanked the community, friends, and family
for their support. He stated that two things stand out about
Richfield: friendliness and the capability of the City to meet
the challenge to be culturally diversified. He read a letter he
had received from the family of Gene Jacobsen.
Item ##2 PRESENTATION OF PROCLAMATION HONORING REPRESENTATIVE
EDWINA GARCIA FOR ASSISTANCE ON THE CITY OF RICHFIELD
77TH STREET RECONSTRUCTION PROJECT.
Mayor Kirsch read and presented a proclamation to State
Representative Garcia in recognition of her assistance to the
City with the 77th Street Reconstruction Project.
Ytem #3 PRESENTATION OF PROCLAMATION HONORING REPRESENTATIVE
JOYCE HENRY FOR ASSISTANCE ON THE CITY OF RICHFIELD
77TH STREET RECONSTRUCTION PROJECT.
Mayor Kirsch read and presented a proclamation to State
Representative Henry in recognition of her assistance to the City
with the 77th Street Reconstruction Project.
Item #4 PRESENTATION OF PROCLAMATION HONORING SENATOR PHIL
RIVENESS FOR ASSISTANCE ON THE CITY OF RICHFIELD 77TH
STREET RECONSTRUCTION PROJECT.
Mayor Kirsch read and presented a proclamation to State
Representative Henry in recognition of his assistance to the City
with the 77th Street Reconstruction Project.
Council Meeting Minutes -3- June 24, 1991
Item #5 PRESENTATION OF PROCLAMATION HONORING ATHLETES FROM
BARBADOS COMPETING IN THE 1991 INTERNATIONAL SPECIAL
OLYMPICS GAMES.
Council Member Ludeman read and presented a proclamation to
Special Olympics representative John Hamilton honoring the
Special Olympic athletes from Barbados for whom Richfield will be
community hosts.
John Hamilton reviewed the 1991 International Special
Olympics Games program and invited citizens to support the
athletes.
Item #6 OPPORTUNITY FOR PERSONS TO ADDRESS THE CITY COUNCIL
ON ANY ITEM NOT LISTED ON THE AGENDA.
David Morvari, 7717 Chicago Avenue, asked for assistance in
getting Paragon Cable to. connect the Richfield Towers building to
cable.
City Manager Prosser stated city staff will review this
issue and contact Mr. Morvari.
Don Priebe, 7225 Bloomington Avenue, asked about the status
of a Charter Commission resolution requesting an Attorney General
opinion regarding an ambiguity in the Charter about elections.
City Manager Prosser stated he sent a letter to the Charter
Commission requesting submittal of the resolution to the City.
He stated the City has not yet received the resolution.
Mayor Kirsch stated that the Council is allowing the Charter
Commission to carry out their responsibilities.
Council Member Sandahl stated concern that the Charter
Commission for some reason had not submitted the resolution to
the City.
Council Members Sandahl and Ludeman stated the City Council
should request the Attorney General opinion to avoid further
delay.
M/Sandahl, S/Ludeman to request an Attorney General opinion
regarding an ambiguity in the City Charter regarding elections.
Motion carried 5-0.
Council Meeting Minutes -4- June 24, 1991
Item #7 COUNCIL APPROVAL OF AGENDA
M/Ludeman, S/Bullock to apvrove the agenda.
Motion carried 5-0.
Item #8 CONSENT CALENDAR
Council Member Ludeman asked that Consent Calendar Item 8F.
be placed on the regular agenda for discussion.
Mayor Kirsch stated that the consent calendar Item #8F.
"Consideration of Approval of the application of Tom & Carolyn
Kretchmer for a Residential Kennel License, 7232 11th Avenue, 4
Dogs" would be removed from the consent calendar and placed on
the regular agenda as Item 12A.
8A. APPROVED RESOLUTION APPROVING A RECYCLED PRODUCT PROCUREMENT
POLICY FOR PUBLICLY FUNDED CONSTRUCTION AND REMODELING
PROJECTS IN THE CITY OF RICHFIELD C.L. 168
RESOLUTION NO. 7762
RESOLUTION APPROVING A RECYCLED PRODUCT PROCUREMENT POLICY,
PROMOTING THE USE OF MATERIALS WITH RECYCLED CONTENT IN
PUBLICITY FUNDED CONSTRUCTION AND REMODELING PROJECTS
This Resolution appears as Resolution No. 7762 in Resolution
Book No. 60.
B. APPROVED REQUEST FOR ONE YEAR EXTENSION TO AMENDED
CONDITIONAL USE PERMIT FOR SUPERAMERICA, 7500 LYNDALE AVENUE
C.L. 169
C. APPROVED RESOLUTIONS APPROVING SUBDIVISION WAIVERS FOR THE
HUB WEST/KFC (FORMERLY KNOWN AS KENTUCKY FRIED CHICKEN)
PROPERTY C.L. 170
RESOLUTION N0. 7763
RESOLUTION AUTHORIZING SUBDIVISION WAIVER
KENTUCKY FRIED CHICKEN (KFC)
This Resolution appears as Resolution No. 7763 in Resolution
Book No. 60.
Council Meeting Minutes -5- June 24, 1991
RESOLUTION NO. 7764
RESOLUTION AUTHORIZING SUBDIVISION WAIVER
(GROSZ)
This Resolution appears as Resolution No. 7764 in Resolution
Book No. 60.
RESOLUTION NO. 7765
RESOLUTION AUTHORIZING SUBDIVISION WAIVER
(U.S.SWIM)
This Resolution appears as Resolution No. 7765 in Resolution
Book No. 60.
D. APPROVED BID MINUTES/TABULATION; ACCEPTANCE OF BID ALTERNATE
"A" AND AWARD OF CONTRACT FOR 1991 SEALCOATING PROJECT TO
BITUMINOUS ROADWAYS, INC. IN THE AMOUNT OF $36,980.40 C.L.
171
E. APPROVED APPLICATION OF ELAINE'S PROFESSIONAL GROOMING FOR
RENEWAL OF COMMERCIAL KENNEL LICENSE, 7429 HUMBOLDT AVENUE, 2
DOGS
F. Removed from Consent Calendar to be considered as Item 12A on
regular Agenda.
M/Ludeman, S/Sandahl to approve the Consent Calendar as
amended.
Motion carried 5-0.
Ytem #9 CONSIDERATION OF RESOLUTION APPROVING ACCESS AGREEMENT
WITH BRADLEY REAL ESTATE TRUST. C.L. NO. 172
City Manager Prosser reviewed Council Letter No. 172
regarding a proposed contractual agreement between the City and
Bradley Real Estate Trust relating to problem identification and
corrective action for the level of service for traffic at 66th
Street and vacated Pillsbury Avenue.
M/Bullock, S/Sandahl to approve the access agreement between
the City and Bradley Real Estate Trust relating to problem
identification and corrective action for traffic level service at
66th Street and the vacated Pillsbury Avenue.
Motion carried 5-0.
Council Meeting Minutes -6- June 24, 1991
Item #10 CONSIDERATION OF REQUEST FOR PUBLIC DANCE LICENSE FOR
LARIAT LANES, 6320 PENN AVENUE, FOR THE MONTH OF JULY.
C.L. NO. 173
City Manager Prosser reviewed Council Letter No. 173
regarding a request by Lariat Lanes, 6320 Penn Avenue for a
public dance license.
M/Sandahl, S/Bullock to ap,Drove a public dance license for
Lariat Lanes, 6320 Penn Avenue,, for July 6 7,13,14.20.21,27, and
28; 1991 from 7:00 p.m. to midnight.
Motion carried 5-0.
Item #11 CONSIDERATION OF EVALUATIVE COMMENTS REGARDING THE
ESTABLISHMENT AND PRESERVATION OF PARKING AND ACCESS
RIGHTS FOR HUB EAST, HUB WEST AND KFC. C.L. NO. 174
City Manager Prosser reviewed Council Letter No. 174
regarding a provision in the HRA contract for Private Development
with Bradley Real Estate Trust. He stated this provision calls
for the HRA to approve recordable agreements which establish and
preserve reciprocal parking and access rights within Hub West,
Hub East and KFC. Prior to approval by the HRA, the City Council
is to have an opportunity to comment on the agreements.
City Attorney Dean reviewed the proposed reciprocal easement
agreement and declaration of convenants.
Council Member Bullock asked if the designated 30 minute
parking would be available for the use of all customers.
City Attorney Dean stated these parking spaces would be
available to all customers.
Lawrence Wozniczka, 6744 Wentworth Avenue stated concerns
and questions regarding the following:
* protection from litigation regarding parking
* the number of parcels in the agreement
* the possibility of towing vehicles
* the availability of parking spaces to different tenants
* parcel identification and tenant identification in the
agreement
* the process to amend the agreement
* the costs incurred by the HRA in this project
Council Meeting Minutes -7- June 24, 1991
City Attorney Dean responded to Mr. Wozniczka's questions
reviewing the recipricol easement agreement, declaration of
covenants, cost analysis of the project, and safeguards for the
HRA and City in the documentation.
City Manager Prosser reviewed elements of the mutual
agreements related to parking.
Item #12 CONSIDERATION OF APPROVAL OF PROCESS FOR SELLING CITY
OWNED PROPERTY AT 7300 FIRST AVENUE. C.L. NO. 175
City Manager Prosser reviewed Council Letter No. 175
regarding the options for disposal of the property at 7300 First
Avenue. He recommended sale of the property contingent upon the
buyer making required repairs and flood damage reduction
modifications.
Council Member Stokes asked if this option created safety or
health risks.
City Manager Prosser stated that it appeared there would be
no such risk.
Council Member Sandahl stated frustration over the
difficulties in dealing with this property over the years and
finding the least costly option.
Council Member Ludeman suggested that raising the house up
and filling the basement may be a better solution.
City Manager Prosser indicated this would cost an additional
$10,000 - $15,000 and may cause flooding problems to the adjacent
property.
Council Member Bullock stated he had received a complaint
about the upkeep of this property. He spoke in support of
selling the property.
M/Bullock, S/Sandahl to direct staff to solicit bids for the
roAerty located at 7300 First Avenue by November 1, 1991 from
potential buyers with a minimum price of 540,000 and contingent
on the buffer making required repairs and flood minimizing
renovations.
Motion carried 4-1. (Ludeman opposed)
Council Meeting Minutes -8- June~24, 1991
Item #12A CONSIDERATION OF APPROVAL OF THE APPLICATION OF TOM &
CAROLYN KRETCHMER FOR A RESIDENTIAL KENNEL LICENSE,
7232 11TH AVENUE, 4 DOGS
Council Member Ludeman stated concern about allowing more
than two dogs in a household and the potential for neighborhood
problems.
City Manager Prosser reviewed the city ordinance which
provides for granting residential kennel licenses for citizens
who wish to have more than two animals. He stated city staff is
reviewing the possibility of an ordinance amendment to prohibit
new residential kennel licenses while grandfathering in the
existing licenses.
Council Member Sandahl stated that the council should only
deny the license if there is a problem, which there is not in
this case.
M/Ludema~~, S/Bull®ck ti® app~°ove °~T~e apolica-ci®n ®r Yom ~
Carolyn Kretchmer for a residential kennel license, 7232 11th
Avenue, 4 Boas.
Motion carried 5-0.
Item #13 LEGISLATIVE REPORT
City Manager Prosser stated city staff will be meeting with
MNDOT this week to discuss the 77th Street Reconstruction
Prod ect .
Item #14 COUNCIL DISCUSSION ITEMS
Council Member Bullock complimented the Community Services
staff on their efforts in meeting with the 69th Street and Xerxes
Avenue neighborhood to provide information regarding the storm
sewer project.
Council Member Ludeman stated concern about the Community
Services Commission recommending seeking another park bond
referendum.
Council Meeting Minutes -9- June 24, 1991
Community Services Director Fondrick stated that this was a
financing option in the Capital Improvement Program and Budget
package which will brought to the council in the C.I.B. process.
Mayor Kirsch encouraged residents to read the Your City/Your
Schools which contains extensive information on the 4th of July
Celebration and airport issues.
Item #15 CLAYMS AND PAYROLLS
M/Ludeman, S/Sandahl that the following claims and payrolls
be approved:
RICHFIELD STATE BANK
Checks 14014-14086; 26129-26400
Checks 14123-14188; 26652-26915
FIRST MINNESOTA
Check 1120
Check 1121
FIRST WESTERN BANK
Checks 6196-6221
Checks 6248-6273
Checks 47711-48071 Payroll
Checks 48451-48892 Payroll
Motion carried 5-0.
ADJOURNMENT
$ 901,909.54
$ 964,962.24
$ 25,000.00
$ 25,000.00
$ 665,515.36
$ 762,067.79
$ 345,244.87
$ 358,558.55
M/Bullock, S/Sandahl to adjourn the meeting.
Motion carried 5-0.
The meeting was adjourned at 8:45 p.m.
Date Approved:
7/8/91
Thomas P. Ferber
City Clerk
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Mayor
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J es D. Prosser
C ty anager