10-14-1991CITY OF RICHFIELD, MINNESOTA
REGULAR CITY COUNCIL MEETING
October 14, 1991
MEMBERS PRESENT: Martin Kirsch, Mayor; Ivan Ludeman; Kristal
Stokes; and William Bullock.
MEMBERS ABSENT: Michael Sandahl
STAFF PRESENT: James Prosser, City Manager; Steven Devich,
Administrative Services Director; Thomas P.
Ferber, City Clerk; Byron Wallace, Community
Development Director; Jack Erskine, Public
Safety Director; William Fillmore, Liquor
Operations Director; and Corrine Heine,
Acting 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 MIN[)TES
M/Bullock, S/Ludeman to approve the minutes of the regular
City Council Meeting of September 23, 1991; and the minutes of
the Cites Council Study Session of October 7. 1991.
Motion carried 4-0.
-- .,
Item #1 PRESENTATION OF CERTIFICATES OF APPRECIATION FROM
HISTORICAL SOCIETY TO PUBLIC SAFETY FOR ASSISTANCE
DURING ICE CREAM SOCIAL ON AUGUST 11, 1991.
Ruth Ann Clay, 7301 10th Avenue, President of the Richfield
Historical Society, presented Certificates of Appreciation to the
Public Safety Department police division, fire division, police
reserve, and police explorer post members who assisted at the
Historical Society Ice Cream Social.
Item #2 PRESENTATION OF DONATION TO THE FRIENDS OF WOOD LAKE
(F.O.W.L.) FOR WOOD LAKE NATURE CENTER BY RICHFIELD
CHAMBER OF COMMERCE. C.L. N0. 254
William Fillmore, President of the Richfield Chamber of
Commerce, presented a donation of $300 to Friends of Wood Lake
(F.O.W.L) Foundation President John Hamilton.
Council Meeting Minutes -2- October 14, 1991
Howard Bunce, 7608 Sheridan Avenue, thanked the Chamber
Member businesses who sponsored the Richfield Stakes Event at
Canterbury Downs from which a portion of the proceeds were
donated to F.O.W.L.
Item #3 PRESENTATION BY SISTER CITY CO1rII-IISSION.
Tony Anderson, honorary Minnesota Consul to Costa Rica and
Dona Morgan, honorary Ambassador to Heredia, Costa Rica,
presented a wooden oxcart from Heredia as a symbol of the Sister
City relationship between Richfield and Heredia.
Item #4 OPPORTUNITY FOR PERSONS TO ADDRESS THE CITY COUNCIL
ON ANY ITEM NOT LISTED ON THE AGENDA.
Floyd Sandell, 6737 3rd Avenue, stated concerns about cuts
in the Public Safety Department budget.
Public Safety Director Erskine reviewed several adjustments
in the Public Safety budget. He indicated that more police
officers have been assigned to the street and taken off of
administrative duties. He indicated that the Crime Prevention
program is being monitored to assure it remains a priority, even
without one officer who has been reassigned to street patrol.
Item #5 COUNCIL APPROVAL OF AGENDA
M/Ludeman, S/Kirsch to approve the agenda with the following
amendments:
- Remove items 6C and 6F from the consent calendar and place
them on the regular agenda as items 13A and 13B.
- Delete item #11 "Consideration of Resolution to Amend
Letter of Understanding Between City of Richfield and City
Manager, Adjusting Compensation C.L. No. 266" from the
agenda and do not reconsider this item.
Motion failed 2-2. (Bullock, Stokes opposed)
Council Meeting Minutes
-3- October 14, 1991
M/Bullock, S/Stokes to approve the agenda with the followincr
amendments:
- Remove items 6C "Consideration of Approval of Resolution
Awarding Contract for Maintenance of City's Unisys
Computer System to Financial Products Corporation C.L. No.
257"; and 6F "Consideration of Approval of Purchase in
Excess of $5,000 for 38 trees at Rich Acres Golf Course to
Wetzel Tree Moving in the Amount of $13,240.00 C.L. No.
260" from the consent calendar and place them on the
Regular Agenda as items 13A and 13B.
- Remove item #11 "Consideration of Resolution to Amend
Letter of Understanding between City of Richfield and City
Manager, Adjusting Compensation C.L. No. 266" from the
agenda and reschedule it for consideration at the November
25, 1991 City Council Meeting.
Motion carried 3-1. (Ludeman opposed)
Item #4 CONSENT CALENDAR
6A. APPROVED RESOLUTION AUTHORIZING SUBMITTAL OF PRELIMINARY
RIGHT-OF-WAY ACQUISITION LOAN FUND (RALF) APPLICATION FOR
PURCHASE OF PROPERTY AT 7644 14TH AVENUE C.L. 255
RESOLUTION N0. 7800
RESOLUTION AUTHORIZING LOAN APPLICATION
FOR ACQUISITION OF 77TH STREET RIGHT-OF-WAY;
7644 14TH AVENUE
This resolution appears as Resolution No. 7800 in Resolution
Book No. 60.
B. APPROVED EXTENSION OF CONTRACT NO. A09689 WITH HENNEPIN
COUNTY TO ALLOW CONTINUED ACCESS TO PROPERTY INFORMATION
SYSTEM FOR THE PERIOD BEGINNING JANUARY 1, 1992 AND ENDING
DECEMBER 31, 1992 C.L. 256
C. Removed from the consent calendar and placed on the regular
agenda as Item #13A.
D. APPROVED AWARD OF CONTRACT FOR WIDENING NORTH-HOUND NICOLLET
AVENUE BUS TURNOUT TO PROGRESSIVE CONTRACTORS INCORPORATED
IN THE AMOUNT OF $10,614.00. C.L. 258
i~
Council Meeting Minutes
-4- October 14, 1991
E. APPROVED PURCHASE IN EXCESS OF $5,000 FOR REPAIR OF HYDRAULIC
CYLINDER AND ROD ON SLUDGE PRESS AT WATER PLANT TO M & M
HYDRAULIC COMPANY IN THE AMOUNT OF $8,700.00 C.L. 259
F. Removed from the consent calendar and placed on the regular
agenda as Item #13B.
G. APPROVED APPLICATION FOR GROUND SIGN AT OAK GROVE LUTHERAN
CHURCH C.L. 261
H. APPROVED ESTIMATE #3 PAYMENT FOR VETERANS MEMORIAL PARK
BUILDING, R.P. VOGEL & CO., $67,427.00
I. APPROVED FINAL PAYMENT FOR DESIGN, CONSTRUCTION AND
INSTALLATION OF TWO-FLUME WATERSLIDE, ALLTECH ENGINEERING
CORP., $10,545.00
M/Ludeman, S/Bullock to approve the consent calendar as
amended.
Motion carried 4-0.
Item #7 PUBLIC HEARING AND SECOND READING OF ORDINANCE
AUTHORIZING SALE OF 7300 FIRST AVENUE AND ISSUANCE OF
CERTIFICATE OF COMPLETION AT APPROPRIATE TIME BY CITY
MANAGER. C.L. NO. 262.
City Manager Prosser reviewed Council Letter No. 262
regarding a proposed ordinance authorizing the sale of 7300 First
Avenue.
Greg Englund, 7308 First Avenue, spoke in opposition to the
proposal to sell the home. He stated that this would not solve
the problem and would devalue his home. He said he thought the
house should be raised several feet. Mr. Englund indicated he
may take legal action to force the City to buy his home.
Council Member Stokes stated that raising the house may
cause mare flooding on other properties.
Council Member Bullock stated that it was not the intent of
the City to be in the business of purchasing and repairing homes.
He stated it was desirable to return the property at 7300 First
Avenue to resident ownership and occupation.
Greg Englund, 7308 First Avenue, advocated raising the
basements and structures several feet of his house and 7300 First
Avenue. He suggested the City fund this proposal instead of the
proposed action. He reviewed the impact of hydrostatic pressure
in causing the flooding of these properties.
Council Meeting Minutes -5- October 14, 1991
Floyd Sandell, 6737 3rd Avenue, stated he remembered that
3.5 million had been spent on storm sewers in the 1980's and
wondered why this problem had not been corrected.
City Manager Prosser reviewed the development of storm water
control systems in the City. die indicated that there is never a
guarantee of total protection from flooding. Storm water control
systems are built to provide a level of protection, not absolute
protection.
City Engineer Eastling reviewed issues related to the level
of protection, improvements to Norby Pond, the relative ranking
of flood prone areas from a 1987 study, and the comparison of
this area to others.
Council Member Ludeman stated that it would appear the
proposal will not solve the flooding problem and that the City
should also look at the option of raising the house.
M/Bullock, S/Ludeman to close the public hearincr.
Motion carried 4-0.
M/Ludeman, S/Bullock to not take action at this time on the
proposed ordinance authorizing the sale of 7300 First Avenue; to
have staff prior to second reading prepare cost estimate
figures for filling in the basement three feet or completely. and
raising the house two-three feet as compared to improvements of
516,000 required by a new owner to make home less susceptible to
flood damacre .
Motion carried 4-0.
Council Member Bullock requested that it be stipulated that
City staff provide information on the impact on the market value
of this property if any corrective action is taken from its
present form verses the proposed form.
Mayor Kirsch requested that staff provide the City Council
with the results of the 1987 Storm Water Study.
Council Member Stokes suggested that staff also study grant
funding options for addressing this type of problem.
Council Meeting Minutes
-6- October 14, 1991
Item #8 CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT
AMENDMENT TO ALLOW CONSTRUCTION OF ATRIUM ADDITION AT
BAKER'S SQUARE, 3000 WEST 66TH STREET. C.L. N0. Z63
City Manager Prosser reviewed Council Letter No. 263
regarding a request for a conditional use permit amendment to
allow construction of a 9 foot by 101.5 foot glass atrium
addition on the south side of Baker's Square, 3000 W. 66th
Street.
M/Bullock, S/Ludeman to close the public hearing.
Motion carried 4-0.
M/Bullock, S/Kirsch to approve the conditional use permit
amendment and proposed site plan for Baker's Square, 3000 West
66th Street, with the following stipulation:
1. That a cash escrow for landscape improvements be
submitted prior to the issuance of building permits.
Motion carried 4-0.
Item #9 CONSIDERATION OF REQUEST FOR TRANSITIONAL ACTIVITY
PERMIT WHICH WOULD ALLOW RICHFIELD MITSUBISHI TO
DEVELOP AUTOMOBILE SALES LOT ON PROPERTY AT 901 WEST
77 1/2 STREET. C.L. N0. 264
City Manager Prosser reviewed Council Letter No. 264
regarding a request for a Transitional Activity Permit to allow
Richfield Mitsubishi to develop a automobile sales lot at 901
West 77 1/2 Street.
David Phillips, representing Richfield Mitsubishi, stated
that they preferred to use curved keystone blocks on the
retaining wall rather than the straight rockface stipulated by
City staff. He asked that the City waive the requirement for an
irrigation system because the permit is for only 5 years.
Don Maki, 7700 Colfax Avenue, stated concerns that drainage
from development of this property will increase the risk of
flooding his property.
City Engineer Eastling reviewed the drainage analysis of the
site conducted by BKBM Professional Engineers.
~,
Council Meeting Minutes -7- October 14, 1991
M/Ludeman, S/Bullock to close the public hearincr.
Motion carried 4-0.
M/Ludeman, S/Bullock to aporove the transitional activity
permit proposed site plan and revised drainage plan as
submitted by BKBM Inc for a five year period to allow Richfield
Mitsubishi to develop an automobile sales lot on the property at
901 West 77 1/2 Street with the following stipulations and
required findings of fact:
Stipulations:
1. That the retaining wall in the storm water retention area
can be constructed with curved rockface keystone blocks.
2. That an irrigation system be installed on the site.
3. That a cash escrow be submitted for all required landscape
improvements prior to the start of construction.
4. That this permit be issued contingent upon formal approval of
the drainage plan by the Watershed District.
Findings of Fact:
1. The transitional activity is in connection with an
existing use allowed in the district as a nonconforming use.
2. The transitional activity permit will maintain the
vitality and economic success of the applicant's business
during the transition period of the C-3 district.
3. The transitional activity will not have an adverse impact
upon development of land within the C-3 district in the
manner intended for the district under the City's land
use regulations or its Comprehensive Plan.
4. The transitional activity will not materially increase the
potential public cost of development with the C-3
district.
5. The transitional activity will be compatible with
surrounding uses, will have no adverse impact upon
surrounding properties, and will be in full compliance
with all standards and requirements contained in this code
applicable to uses and structures in C-2 districts.
Motion carried 4-0.
~r
Council Meeting Minutes
-8- October 14, 1991
Item #10 CONSIDERATION OF FIRST READING OF ORDINANCE AMENDMENT
TO PROHIBIT OPERABLE VEHICLES FROM BEING PARKED IN YARD
PORTION OF ANY LOT. C.L. NO. 265
City Manager Prosser reviewed Council Letter No. 265
regarding a proposed ordinance amendment which would prohibit
parking of vehicles anywhere on a lot except in an established
driveway.
M/Ludeman, S/Kirsch that this constitute the First Readincr
of this ordinance amendment to Section 1305.27, and that the
Public Hearing and Second Reading of the ordinance be scheduled
for the November 25, 1991 City Council Meetincx.
Motion carried 4-0.
Item #11 CONSIDERATION OF RESOLUTION TO AMEND LETTER OF
3D~'~ERS,TAI'3DI~G SEI"~9EET~T CYTY ®~a' RYCR~'YEY,Y- ~~~ CYT'3c
MANAGER, ADJUSTING COMPENSATION. C.L.NO. 266
This item was postponed to the November 25, 1991 City
Council Meeting.
Item #12 CONSIDERATION OF APPROVAL OF WORKERS' COMPENSATION
STIPULATION FOR SETTLEMENT. C.L. N0. 267
City Manager Prosser reviewed Council Letter No. 267
recommending approval of a Stipulation for Settlement of a
workers' compensation claim.
M/Bullock, S/Stokes to approve the Stipulation of Settlement
of a workers' compensation claim with a police employee in the
amount of 512,875.
Motion carried 4-0.
Council Meeting Minutes
-9- October 14, 1991
Item #13 CONSIDERATION OF MAYOR'S APPOINTMENT OF HOUSING AND
REDEVELOPMENT AUTHORITY COMMISSIONER. C.L. N0. 268
M/Kirsch, S/Bullock to confirm the anointment of Joan
Helmberger as Richfield Housing and Redevelopment Authority
Commissioner for a five wear term which expires October 14, 1996.
Motion carried 4-0.
Item #13A CONSIDERATION OF APPROVAL OF RESOLUTION AWARDING
CONTRACT FOR MAINTENANCE OF CITY'S UNISYS COMPUTER
SYSTEM TO FINANCIAL PRODUCTS CORPORATION. C.L. NO. 257
1
Council Member Ludeman asked for clarification regarding the
annual cost of the maintenance contract.
Administrative Services Devich reviewed Council Letter No.
257 recommending approval of a contract for the maintenance of
the City's Unisys computer system to Financial Products
Corporation (FPC) in the amount not to exceed $32,095 for 1992.
He stated that FPC guarantees a 5~ reduction in these prices for
the second year of the contract and a 10~ reduction from the bid
prices for the third year of the contract. Mr. Devich also
stated that the 1992 contract price represents a 25~r reduction
from the previous year.
M/Ludeman, 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. 7$01
RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR
COMPUTER SYSTEM MAINTENANCE
Motion carried 4-0. This resolution appears as Resolution
No. 7801 in Resolution Book No. 60.
Council Meeting Minutes -10- October 14, 1991
Item #13B CONSIDERATION OF APPROVAL OF PURCHASE IN EXCESS ON
$5,000 FOR 38 TREES AT RICH ACRES GOLF COURSE TO WETZEL
TREE MOVING IN THE AMOUNT OF $13,240.00 C.L. NO. 260
Council Member Ludeman stated concerns regarding spending
money to install trees at the golf course because the MAC is
recommending a runway that would eliminate the golf course.
City Manager Prosser stated that if any runway additions
occur, indications are that it will not happen for at least 10
years.
Council Member Bullock stated that it was important to
maintain the golf course as challenging and aesthetically
pleasing, despite the uncertain future.
M/Bullock, S/Stokes to aporove the purchase of 38 trees
spade moved and guaranteed for one year, from Wetzel Tree Moving,
in the total amount of $13,240.
Motion carried 3-1. (Ludeman. opposed)
Item #14 AIRPORT STATUS REPORT
City Manager Prosser summarized the status of the dual track
strategy, the City's position regarding the north/south runway,
and the status of the proposed buyout of the New Ford Town/Rich
Acres area.
Item #14 LEGISLATIVE REPORT
City Manager Prosser stated that Congress was expected to
vote this week on the proposed 9 million dollar funding for the
77th Street Project.
Item #16 COUNCIL DISCUSSION ITEMS
None
Council Meeting Minutes
Item #17 CLAIMS AND PAYROLLS
-11-
October 14, 1991
M/Ludeman, S/Stokes that the following claims and payrolls
be approved•
RICHFIELD BANK & TRUST CO.
Checks 14485-14575; 28794-29178
NORWEST BANK
Check 1125-1126
FIRSTAR BANK
1
Checks 6426-6456
Payroll 9/26:
Checks 50810-50846; 51743-52046
Payroll 10/10:
Checks 50848-50887; 52051-52360
Motion carried 4-0.
ADJOURNMENT
__ $1,412,597.19
$ 30,000.00
$1,047,604.85
$ 347,675.97
$ 350,279.54_
M/Bullock, S/Kirsch to adjourn the meeting.
Motion carried 4-0.
The meeting was adjourned at 8:50 p.m.
~.,
Date Approved:
10/28/91
~~
Thomas P. Ferber
City Clerk