10-28-1991CITY OF RICHFIELD, MINNESOTA
REGULAR CITY COUNCIL MEETING
October 28, 1991
MEMBERS PRESENT: Martin Kirsch, Mayor; Michael Sandahl;
Kristal Stokes; and William Bullock.
MEMBERS ABSENT: Ivan Ludeman
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; Sack Erskine,
Public Safety Director; William Fillmore,
Liquor Operations Director; and Corrine
&ieine, 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/Bullock, S/Sandahl to approve the minutes of the City
Council Closed Executive Session of October 14, 1991; and the
minutes of the regular City Council Meeting of October 14, 1991.
Motion carried 4-0.
Item #1 PRESENTATION OF PROCLAMATION DECLARYNG NOVEMBER 21,
1991 AS DON I. ANDERSON DAY AND RECOGNYTION OF DON I.
ANDERSON FOR BEING NAMED RECIPIENT OF THE MINNESOTA
RECREATION AND PARK ASSOCIATION 1991 BOARD/COMMISSION
AWARD. C.L. N0. 269
Council Member Bullock read and presented a proclamation
declaring November 21, 1991 as Don I. Anderson Day in recognition
of his selection to receive the 1991 Minnesota Recreation and
Park Association (MPRA) Board/Commission Award. Mr. Anderson
recognized the team effort of City Council Members, City staff,
and citizens in developing Richfield's parks.
Council Meeting Minutes -~- October 28, 1991
Item #1A PRESENTATION OF CERTIFICATE OF APPRECIATION TO JEAN
FOX, CHAIR OF THE CATTAIL DAYS CELEBRATION.
Council Member Stokes read and presented a Certificate of
Appreciation to Jean Fox in recognition of the efforts of the
Cattail Days Committee in planning and conducting this festival.
Item #2 OPPORTUNITY FOR PERSONS TO ADDRESS THE CITY COUNCIL
ON ANY ITEM NOT LISTED ON THE AGENDA.
No one wished to address the council.
Item #3 COUNCIL APPROVAL OF AGENDA
1~!/Bullock, S/Stokes. to approve the agenda with the following
amendment:
Remove Item #11 "CONSIDERATION OF APPROVAL OF JOINT POWERS
AGREEMENT FOR SOUTH HENNEPIN REGIONAL PLANNING OFFICE FOR HUMAN
SERVICES AND APPOINTMENT OF COUNCIL MEMBER TO SERVE ON REGIONAL
PLANNING COUNCIL°' from the agenda and reschedule it for
consideration at the November 25, 1991 City Council Meeting.
Motion carried 3-0. (Sandahl not present when vote recorded)
Item #4 CONSENT CALENDAR
4A. APPROVED RESOLUTION ENCOURAGING DEVELOPMENT OF BRYANT LAKE
REGIONAL PARK C.L. 270
RESOLUTION N0. 7802
RESOLUTION ENCOURAGING DEVELOPMENT OF
BRYANT LAKE REGIONAL PARK
This resolution appears as Resolution No. 7802 in Resolution
Book No. 60.
B. APPROVED REQUEST FOR ONE YEAR EXTENSION TO THE LOT WIDTH AND
AREA VARIANCES FOR fi321 HUMBOLDT AVENUE AND 6313 MORGAN
AVENUE C.L. 271
~,
Council Meeting Minutes -3- October 28, 1991
C. APPROVED PURCHASE IN EXCESS OF $5,000 FOR CABLE TELEVISION
BROADCAST EQUIPMENT FROM ALPHA VIDEO AND AUDIO IN THE AMOUNT
OF $7,893.00 C.L. 272
D. APPROVED SETTING DATE OF HEARING TO CONSIDER RENEWAL OF WINE
LICENSES FOR DECEMBER 9, 1991 C.L. 273
E. APPROVED SETTING DATE OF HEARING TO CONSIDER RENEWAL OF ON-
SALE LIQUOR LICENSES FOR DECEMBER 9, 1991 C.L. 274
F. APPROVED PURCHASE IN EXCESS OF $5,000 FOR AUTOMATIC SPIN
GRINDER FOR RICH ACRES GOLF COURSE FROM MTI DISTRIBUTING CO.
IN THE AMOUNT OF $10,100 C.L. 275
G. APPROVED PURCHASE IN EXCESS OF $5,000 FOR TWO RAIN SHELTERS
AT RICH ACRES GOLF COURSE FROM MACDONALD HOME IMPROVEMENT IN
THE AMOUNT OF $13,574 C.L. 276
H. APPROVED CHANGE ORDER N0. 1 FOR CITY PROJECT 708-1572, 69TH
AND XERXES STORM SEWER, FOR CONTRACT N0. 2514 BETWEEN CITY OF
RICHFIELD AND S.M. HENTGES & SONS, INC. IN THE AMOUNT OF
$44,792 C.L. 277
I. APPROVED APPLICATION FOR RENEWAL OF RESIDENTIAL KENNEL
LICENSE, 7425 PLEASANT AVENUE, 3 DOGS AND 2 CATS C.L. 278
J. APPROVED ESTIMATE #1 PAYMENT FOR STORM SEWER IMPROVEMENT AT
69TH AND XERXES AVENUE, S.M. HENTGES, INC., $257,164.72
M/Bullock, S/Stokes to approve the consent calendar.
Motion carried 3-0. (Sandahl not present when vote
recorded.)
Item #~5 PUBLIC HEARING REGARDING APPEAL OF HEARING EXAMINER'S
APPROVAL OF TWO VARIANCES FOR GARAGE AT 6735 LYNWOOD
BOULEVARD, C.L. NO. 279
City Manager Prosser reviewed Council Letter No. 279
regarding an appeal of the Hearing Examiner°s approval of two
variances for a garage at 6735 Lynwood Boulevard by Mrs. Ruby
Lundeen, 6636 Lynwood Boulevard.
William Bell, Attorney representing Mrs. Ruby Lundeen,
reviewed drawings and pictures of the neighborhood. He stated
that the proposed garage would be an eyesore to the neighbors and
have an adverse impact on the neighborhood. Mr. Bell stated that
the grade to the existing garage is only 3-4 feet and is not a
problem. He Further suggested that a garage could be placed in
other locations on the lot with a variance. Mr. Bell stated that
there was no evidence that the criteria for granting a variance
had been met, and presented a petition (Clerks File No. C-324) in
opposition to the variance.
Council Meeting Minutes -4- October 28, 1991
Council Member Bullock stated he had visited the site and
observed that the existing driveway was at least 7-8 feet deep.
He noted that the home was built with the front facing Wood Lake
in 1922 with the anticipation that a street would be built there.
The street was never built and Lynwood Boulevard evolved as the
only access to the property.
Ann Mortenson, 6608 Lynwood Boulevard, spoke in opposition
to the variances and stated concern that trees may be lost.
Betty Carr, 6633 Lynwood Boulevard, stated she would like to
see the street stay the way it exists.
Bryan Bruley, 6735 Lynwood Boulevard, reviewed the plans for
the garage. He stated that he would eliminate the existing
garage and fill in the driveway for safety reasons. He indicated
that the proposed garage would be 18 feet from the street and 2
feet from the front property line. Mr. Bruley stated that no
trees would be removed, only four branches would be trimmed, and
additional landscaping would be provided. He also indicated that
2 1/2 inch lap siding would be used on the exterior and 2 single
garage doors would be utilized.
M/Bullock, S/Stokes to close the public hearing.
Motion carried 4-0.
M/Bullock, S/Stokes to sustain the Hearing Examiner's
decision to grant the following two variances for the
construction of a garage at 6735 Lynwooda.
1. A front yard setback of two feet in the R-1 zoning
district, where the required front yard setback is 30
feet .
2. A detached accessory building to be located forward of
the front building line.
Item #6 PUBLIC HEARING AND CITY COUNCIL CONSIDERATION OF
RESOLUTION GIVING FINAL APPROVAL FOR CONSOLIDATION OF
RICHFIELD POLICE RELIEF ASSOCIATION WITH PERA POLICE
AND FIRE FUND, C.L. N0. 280
City Manager Prosser reviewed Council Letter No. 280
regarding the proposed final approval of the consolidation of the
Richfield Police Relief Association with the Public Employee
Retirement Association (PERA) Police and Fire Fund.
M/Sandahl, S/Bullock to close the public hearing.
Motion carried 4-0.
Council Meeting Minutes -5- October 28, 1991
M/Sandahl, S/Bullock 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. 7803
A RESOLUTION APPROVING THE CONSOLIDATION OF THE
RICHFYELD POLICE RELIEF ASSOCIATION WITH THE
PUBLIC EMPLOYEES RETIREMENT ASSOCIATION (PERA)
POLICE AND FIRE FUND BENEFIT PLAN
Motion carried 4-0. This resolution appears as Resolution
No. 7803 in Resolution Book No. 60.
Item #7 CONSIDERATION OF FIRST READING OF ORDINANCE PROVIDING
FOR USER FEES FOR HOLDUP, BURGLARY AND FIRE ALARM USERS
THAT GENERATE EXCESSIVE NUMBERS OF FALSE ALARMS, C.L.
NO. 281
City Manager Prosser reviewed Council Letter No. 281
regarding a proposed ordinance amendment which would provide for
user fees to be charged for excessive numbers of mechanically
generated false alarms. He stated Public Safety Director Erskine
had presented the proposal to the Chamber of Commerce for review
last week.
Council Member Bullock requested that any feedback from the
Chamber be provided to the Council prior to the November 25
public hearing.
M/Sandahl, S/Stokes that this constitute the First Readina
of this ordinance amendment to Chapter IX adding a new section
915 Alarm Systems and that the Public Hearing and Second Readina
of the ordinance be scheduled for the November 25. 1991 City
Council Meetina.
Motion carried 5-0.
Item #8 CONSIDERATION OF FIRST READING OF ORDINANCE AMENDING
SECTION 601 OF THE CITY CODE REQUIRING COMMERCIAL
GARBAGE HAULERS COLLECTING AT APARTMENT BUILDINGS TO
PROVIDE TONNAGE REPORTS ON DESIGNATED RECYCLABLES TO
THE CITY, C.L. N0. 282
City Manager Prosser reviewed Council Letter No. 282
regarding a proposed ordinance amendment requiring commercial
garbage haulers collecting at apartment buildings to provide
tonnage reports on designated recyclables to the City.
Council Meeting Minutes -6- October 28, 1991
M/Sandahl, S/Bullock that this constitute the First Readina
of this ordinance amendment to Section 601.15; and that the
Public Hearing and Second Reading of the ordinance be scheduled
for the November 25, 1991 City Council Meetina.
Motion carried 4-0.
Item #9 CONSIDERATION OF FIRST READING OF ORDINANCE REPEALING
CITY OF RICHFIELD'S CATV RSLEIF ORDINANCE, ORDINANCE
NO. 1985-13, AND CATV RELIEF ORDINANCE AMENDMENT,
ORDINANCE NO. 1988-22 PROVIDING FOR CONTINUANCE OF
CERTAIN ASPECTS OF THE CATV RELIEF ORDINANCE, AS
AMENDED, AND RESTRUCTURING MANNER IN WHICH LOCAL
PROGRAMMING IS FUNDED, C.L. N0. 283
City Manager Prosser reviewed Council Letter No. 283
regarding a proposed ordinance amendment to approve a 1991 CATV
Relief Extension Agreement including the following:
® Paragon Cable will assume full responsibility for local
programming including production of the news show. The news
show was previously paid for by all of the cities at a total
cost of about $100,000 annually.
e The local programming cost had previously included a payment by
the cities of one percent of gross revenues. In the future,
the one percent payment will be eliminated so that the full
cost of local programming will be borne by Paragon.
a Retained service levels, equipment repair and replacement as
previously defined.
® Cooperation and participation between Paragon and Commission to
create meaningful reporting requirements.
Mr. Prosser stated the SWSCC adopted a resolution on October
23, 1991 approving the modifications and extension of certain
provisions of the Relief Ordinances and related documents. All
of the Member Cities must-adopt a similar resolution.
M/Sandahl, S/Ludeman that this constitute the First Readina
of this ordinance Appendix E2 referred to as the 1991 Local
Programming Restructuring Ordinance; and that the Public Hearing
and_Second Reading of the ordinance be scheduled for the November
25, 1991 City Council Meetin
Motion carried 4-0.
Council Meeting Minutes -7- October 28, 1991
Item #10 CONSIDERATION OF APPOINTMENT OF A STUDENT
REPRESENTATIVE TO THE HUMAN RIGHTS COMMISSION, C.L. N0.
284
M/Bullock, S/Sandahl to aporove the following appointment of
a student representative to the Human Rights Commission:
Mewan Mallawaaratchy Term Expires: January 31, 1992
Motion carried 4-0.
Item #11 CONSIDERATION OF APPROVAL OF JOINT POWERS AGREEMENT FOR
SOUTH HENNEPIN REGIONAL PLANNING OFFICE FOR HUMAN
SERVICES AND APPOINTMENT OF COUNCIL MEMBER TO SERVE ON
REGIONAL PLANNING COUNCIL, C.L. N0. 285
This item was rescheduled to the November 25, 1991 City
Council Meeting.
Item #12 CONSIDERATION AS TO WHETHER TO HOLD A COUNCIL MEETING
ON NOVEMBER 11, 1991, C.L. NO. 286
City Manager Prosser reviewed Council Letter No. 286
recommending cancellation of the November 11, 1991 City Council
meeting because. of the Veteran's Day Holiday.
M/Sandahl, S/Bullock to cancel the November 11. 1991 City
Council meeting.
Motion carried 4-O.
Item #13 CONSIDERATION OF APPROVAL OF JOINT POWERS AGREEMENT
BETWEEN THE CITY OF RICHFIELD AND THE METROPOLITAN
AIRPORTS COMMISSION (MAC) FOR JOINT PREPARATION OF
FEASIBILITY REPORT AND PLAN FOR ACQUISITION OF
REDEVELOPMENT OF NEW FORD TOWN AND RICH ACRES
NEIGHBORHOODS IN THE CITY OF RICHFIELD, C.L. NO. 287
City Manager Prosser reviewed Council Letter No. 287
recommending approval of a Joint Powers agreement between the
City of Richfield and the Metropolitan Airports Commission (MAC)
for point preparation of a feasibility report and plan for
acquisition of redevelopment of New Ford Town and Rich Acres
neighborhoods.
Council Meeting Minutes -8- October 28, 1991
Lawrence Wozniczka, 6744 Wentworth Avenue, asked questions
regarding the financing for the study and stated concern that
other areas of the City also be considered in regards to the
airport issue.
City Manager Prosser stated that the City would fund $27,500
and MAC would fund $42,500 of the $70,000 estimated cost. He
stated that this agreement provides options so that the City may
hopefully gain control over redevelopment of the New Ford
Town/Rich Acres area.
Lawrence Wozniczka stated concerns about $50,000 being
included in the HRA budget for the airport division.
Council Member Sandahl stated it was appropriate because it
is a land use planning issue.
City Manager Prosser indicated that airport issue related
costs are paid from the general fund balance. He indicated that
the money would be transferred from the general fund balance to
the HRA.
M/Kirsch, S/Stokes to approve the Joint Powers Agreement
between the City of Richfield and the Metropolitan Airports
Commission.
Motion carried 4-0.
Item #13A AIRPORT STATUS REPORT
City Manager Prosser reviewed the status of the
Environmental Impact Statement for the extension of Runway 4-22.
Item #14 LEGISLATIVE REPORT
1
City Manager Prosser stated that staff was preparing
legislative issues for the 1992 legislative session.
Item #15 COUNCIL DISCUSSION ITEMS
None
Item #16 CLAIMS AND PAYROLLS
M/Bullock, S/Stokes that the following claims and payrolls
be apvroved: ~~
RICHFIELD BANK & TRUST CO.
Checks 14576-14623; 29182-29440 $1,077,196.70
Council Meeting Minutes -9-
FIRSTAR BANK
Checks 6450-6481
Checks 50889-50926; 52365-52675
Motion carried 4-0.
ADJOURNMENT
October 28, 1991
$ 507,975.94
$ 351,405.99
M/Sandahl, S/Bullock to adjourn the meeting.
Motion carried 4-0.
The meeting was adjourned at 8:38 p.m.
1
Date Approved:
11/25/91
Thomas P. Ferber
City Clerk