11-25-1991CITY OF RICHFIELD, MINNESOTA
REGULAR CITY COUNCIL MEETING
November 25, 1991
MEMBERS PRESENT: Martin Kirsch, Mayor; Ivan Ludeman; Michael
Sandahl; and Kristal Stokes.
MEMBERS ABSENT: 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 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 MINUTES
M/Ludeman, S/Stokes to aporove the minutes of the Special
City Council Meeting of October 28, 1991; the minutes of the
regular City Council Meeting of October 28, 1991; and the minutes
of the City Council Study Session of November 4. 1991.
Motion carried 3-0. (Sandahl not present when vote
recorded.)
Item #~1 PRESENTATION OF SILVER SERVICE AWARD TO 808 KLOBUCHAR,
ASSISTANT MANAGER OF BURGER KING RESTAURANT AT 2800
WEST 66TH STREET, AND AN HONORABLE MENTION AWARD TO
PAUL HANSEN, OWNER OF HANSEN'S AUTO SPA, FOR HYRYNG
SENIORS AND DISABLED IN RICHFIELD. C.L. NO. 288
Mayor Kirsch and Human Services Commission Members Connie
McDonald, Peggy Hamilton, and Lois Karnas presented the Silver
Service Award to Bob Klobuchar of Burger King Restaurant, 2800
West 66th Street, for actions in hiring and training seniors and
the disabled. An honorable mention award was presented to Paul
Hansen, owner of Hansen's Auto Spa, in recognition of his action
in hiring a disabled person.
Council Meeting Minutes
-2- November 25, 1991
Item #2 RECOGNITION OF CITY STAFF FOR EFFORTS RELATED TO 1991
HALLOWEEN SNOW STORM. C.L. N0. 289
City Manager Prosser reviewed Council Letter No. 289
recognizing City staff for their efforts related to the Halloween
Storm.
Council Member Sandahl read a resolution passed by the
Community Services Advisory Commission commending City employees
for tremendous efforts in dealing with the Halloween Storm of
1991.
M/Sandahl, S/Stokes to endorse the resolution of the
Community Services Advisory Commission commending Citv staff for
their efforts related to the 1991 Halloween Snow Storm.
Motion carried 4-0.
Item #3 OPPORTUNITY FOR PERSONS TO ADDRESS THE CITY COUNCIL
ON ANY ITEM NOT LISTED ON THE AGENDA.
Camillo DeSantis, 6508 Newton Avenue South, presented a
plaque to Mayor Kirsch for his service on the South Hennepin
Human Services Council (SHHSC). He recognized Council Member
Ludeman for his long and dedicated service to SHHSC and indicated
Mr. Ludeman would also receive a plaque.
Item #4 COUNCIL APPROVAL OF AGENDA
M/Ludeman, S/Sandahl to aporove the agenda.
Motion carried 4-0.
Item #5 CONSENT CALENDAR
5A. APPROVED RESOLUTION AUTHORIZING SUBMITTAL TO HENNEPIN COUNTY
OF RICHFIELD'S 1992 GRANT APPLICATION FOR MUNICIPAL RECYCLING
FUNDING. C.L. 290
i~
Council Meeting Minutes
-3- November 25, 1991
RESOLUTION NO. 7820
RESOLUTION AUTHORIZING THE SUBMITTAL OF THE 1992 HENNEPIN COUNTY
GRANT APPLICATION FOR MUNICIPAL SOURCE SEPARATED RECYCLABLES
This resolution appears as Resolution No. 7820 in Resolution
Book No. 60.
B. APPROVED RESOLUTION AUTHORIZING MAYOR AND CITY MANGER TO
ENTER INTO AGREEMENTS WITH RESIDENTIAL WASTE HAULERS FOR
COLLECTION OF SOURCE SEPARATED RECYCLABLES C.L. 291
RESOLUTION NO. 7821
RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER
TO ENTER INTO AGREEMENTS WITH RESIDENTIAL WASTE HAULERS
FOR COLLECTION OF SOURCE SEPARATED RECYCLABLES
This resolution appears as Resolution No. 7821 in Resolution
Book No. 60.
C. APPROVED RESOLUTION APPROVING SPECIAL LAW 1991, CHAPTER 96
PROVIDING CERTAIN BENEFIT IMPROVEMENTS FOR MEMBERS OF
RICHFIELD POLICE RELIEF ASSOCIATION C.L. 292 -
RESOLUTION NO. 7822
RESOLUTION APPROVING SPECIAL LAW 1991, CHAPTER 96
CONCERNING RICHFIELD POLICE RELIEF ASSOCIATION.---
BENEFIT IMPROVEMENTS
This resolution appears as Resolution No. 7822 in Resolution
Book No. 60.
D. APPROVED RESOLUTION MODIFYING FEE FOR CITY ASSESSING SERVICES
C.L. 293
RESOLUTION NO. 7823
RESOLUTION ESTABLISHING POLICIES, PROCEDURES, AND FEES FOR
THE ASSESSING DIVISION
This resolution appears as Resolution No. 7823 in Resolution
Book No. 60.
E. APPROVED PAYMENT TO MOTOROLA INC. FOR REPAIR OF PUBLIC SAFETY
RADIO SYSTEM IN THE AMOUNT OF $21,995.84 C.L. 294
F. APPROVED BID MINUTES/TABULATION AND AWARD OF CONTRACT TO
ANDERSON EXCAVATING & DRAINAGE FOR DISPOSAL OF APPROXIMATELY
5,000 CUBIC YARDS OF LIME BY-PRODUCT IN 1992 FOR ESTIMATED
AMOUNT OF $51,650 C.L. 295
Council Meeting Minutes -4- November 25, 1991
G. APPROVED PURCHASE IN ERCESS OF $5,000 FOR UNLEADED GASOLINE
FROM B & F DISTRIBUTING IN THE AMOUNT OF $7,843.45 C.L. 296
H. APPROVED PURCHASE IN EXCESS OF $5,000 FOR MASTER PURCHASE
ORDER TO KOCH CARBON DIOXIDE FOR APPROXIMATELY 200 TON OF
CARBON DIOXIDE FOR USE IN WATER TREATMENT FOR AN ESTIMATED
TOTAL OF $11,000 C.L. 297
I. APPROVAL PURCHASE IN ERCESS OF $5,000 FOR MASTER PURCHASE
ORDER TO FEED-RITE CONTROL FOR APPROXIMATELY 6,000 TONS OF
HYDROFLUOSILIC ACID FOR USE IN WATER TREATMENT FOR AN
ESTIMATED TOTAL OF 57,920 C.L. 298
J. APPROVED ESTIMATE #4 PAYMENT FOR VETERANS MEMORIAL PARK
BUILDING, R.P. VOGEL & COMPANY, $65,221.00
K. APPROVED ESTIMATE #1 PAYMENT FOR FURNISHING OF EQUIPMENT TO
INSTALL A FALSE FLOOR FILTER UNDERDRAIN SYSTEM AT THE WATER
PLANT, TONKA EQUIPMENT COMPANY, $34,912.50
L. APPROVED FINAL PAYMENT FOR REHABILITATION AND REPAIR OF WELL
#7, KEYS WELL DRILLING CO., $6,129.98
M/Ludeman, S/Sandahl to approve the consent calendar.
Motion carried 4-0.
Item #f PUBLIC HEARING AND SECOND READING OF ORDINANCE
AMENDMENT WHICH WOULD PROHIBIT OPERABLE VEHICLES FROM
BEING PARKED IN YARD PORTION OF ANY LOT. C.L. NO. 299
City Manager Prosser reviewed Council Letter No. 299
regarding a proposed ordinance amendment which would prohibit
parking of vehicles anywhere on a lot except in an established
driveway.
Lawrence Wozniczka, 6744 Wentworth Avenue, asked if it would
be allowable to park a car on the lawn for a few hours to wax it.
Public Safety director Erskine stated that enforcement on
this type of ordinance is by complaint and the intent was to
address the problem of vehicles being stored in rear or side
lots.
M/Sandahl, S/Ludeman to close the public hearincr.
1
Motion carried 4-0.
Council Meeting Minutes
-5- November 25, 1991
M/Sandahl, S/Ludeman at this constitute Second Reading of
Bill No 1991-12 amendment to Section 1305.27, that it be
published in the official newspaper and that it be made Dart of
these minutes.
Motion carried 4-0.
Item #7 PUBLIC HEARING AND SECOND READING OF ORDINANCE
PROVIDING USER FEES FOR HOLPUP, BURGLARY AND FIRE ALARM
USERS THAT GENERATE EXCESSIVE NU1~ER OF FALSE ALARMS.
C.L. NO. 300
City Manager Prosser reviewed Council Letter No. 300
regarding a proposed ordinance that would provide for user fees
for holdup, burglary, and fire alarm users that generate
excessive numbers of false alarms.
Ron Glaub, 7209 12th Avenue, asked questions about the
application of the ordinance to residential alarm users, response
time of the keyholder, and the time setting of exterior alarms.
He suggested a two tier fee schedule differentiating between.
residential and businesses.
City Manager Prosser indicated the ordinance did apply to
both business and residential alarms. He stated the keyholder
response time is 15 minutes. The City Manager reviewed the
different types of alarms. He stated that staff will monitor the
types of alarms and any fee which may occur as a result of this
ordinance.
Public Safety Director Erskine stated that the intent of the
ordinance was to address the problem alarm systems and assure
that the public is receiving an effective system. Mr. Erskine
responded to questions regarding exterior alarms and timers.
Council Member Sandahl stated that the intent of the
ordinance was to assist the Public Safety Department in
addressing the false alarm problems and to lessen the risks to
Public Safety personnel.
M/Ludeman, S/Sandahl to close the public hearing.
Motion carried 4-0.
M/Ludeman, S/Sandahl that this constitute Second Reading of
Bill No. 1991-13, amendment to Chapter IX, adding new Section 915
Alarm Systems that it be published in the official newsDa~er and
that it be made part of these minutes.
Motion carried 4-0.
Council Meeting Minutes
-6- November 25, 1991
Item #8 PUBLIC HEARING AND SECOND READING OF ORDINANCE AMENDING
SECTION 601 OF CITY CODE REQUIRING COMMERCIAL GARBAGE
HAULERS COLLECTING AT APARTMENT BUILDINGS TO PROVIDE
VOLUME REPORTS ON DESIGNATED RECYCLABLES TO THE CITY.
C.L. NO. 301
City Manager Prosser reviewed Council Letter No. 301
regarding a proposed ordinance amendment to require commercial
garbage hauler collecting at apartment buildings to provide
volume reports on designated recyclables to the City.
M/Ludeman, S/Stokes to close the public hearinct.
Motion carried 4-0.
M/Ludeman, S/Sandahl that this constitute Second Reading of
Bill No. 1991-14 ~ amendment to Section 601.15. that it be
published in the official newspaper and that it be made Dart of
these minutes.
Motion carried 4-0.
Item #9 PUBLIC HEARING AND SECOND READING OF ORDINANCE
AUTHORYZING SALE OF 7300 FIRST AVENUE AND ISSUANCE OF
CERTIFICATE OF COMPLETION CONTINGENT UPON APPROVAL OF
THE CITY MANAGER. C. L. NO. 302
City Manager Prosser reviewed Council Letter No. 302
regarding a proposed transitory ordinance to authorize the sale
of the property at 7300 First Avenue.
Frank Harrington, 7314 First Avenue, stated concerns about
the sale of this property lowering his property value and
advocated enlarging the storm sewer pipes at this location.
Lawrence Wozniczka, 6744 Wentworth Avenue, stated concerns
regarding the possibility that the City would end up buying back
the property. He stated there should be more study of the
options and costs. Mr. Wozniczka said he thought the house
should be demolished and that a holding pond be created on the
site.
1
Council Meeting Minutes
-7- November 25, 1991
Community Services Director Fondrick stated that the
limiting factor in the drainage of the intersection was the
discharge rate from Norby Pond. He indicated storm sewer
improvements had previously been made to improve the level of
protection to 1~ for this area. Cost/benefit analysis showed
that improvements to other areas of the City would provide a
greater benefit to the community.
City Manager Prosser summarized issues related to storm
drainage levels of protection and equity to the community as a
whole.
Council Member Sandahl stated that there is no simple or
easy solution to this problem. He said that selling the property
is the best solution for the City from a financial standpoint.
M/Stokes, S/Ludeman to close the public hearing.
Motion carried 4-0.
Council Member Ludeman stated he was not satisfied that this
is the best solution. He stated he would rather the house be
sold to be moved off of the property and keep the property as a
park.
M/Sandahl, S/Stokes that this constitute Second Reading of
the transitory ordinance providing for the sale of the house and
,propert~r at 7300 First Avenue as outlined in Council Letter No.
302.
Motion failed 2-2. {Ludeman, Kirsch opposed)
M/Ludeman, S/Kirsch to sell the house at 7300 First Avenue
for removal from the property.
Motion failed 2-2. (Sandahl, Stokes opposed)
Yt was the consensus of the Council to discuss this item
again at the January 6, 1992 Study Session.
Item #10 PUBLIC HEARING AND SECOND READING OF ORDINANCE
REPEALING CITY OF RICHFIELD'S CATV RELIEF ORDINANCE
ORDINANCE N0. 1985-13, AND CATV RELIEF ORDINANCE
AMEND1rdENT, ORDINANCE NO. 1988-Z2; CONSIDERATION OF
RESOLUTION APPROVING SETTLEMENT REGARDING REVISIONS
AND EXTENSION OF CERTAIN TERMS OF CATV RELIEF
ORDINANCE. C.L. NO. 303.
City Manager Prosser reviewed Council Letter No. 303
regarding consideration ofe
Council Meeting Minutes
-8- November 25, 1991
1. An ordinance repealing the CATV Relief Ordinance, Ordinance
No. 1985-13, and CATV Relief Ordinance amendment, Ordinance
No. 1988-22 providing for the continuance of certain aspects
of the CATV Relief Ordinance, as amended, and restructuring
the manner in which local programming is funded.
2. A resolution approving a settlement with the grantee under
the City's Cable Communications Franchise Ordinance
regarding revisions to and extension of certain terms of the
CATV Relief Ordinance as Amended, based upon enactment of
the Local Programming Restructuring Ordinance and
modifications to other related agreements.
3. The execution of the Restated Performance Agreement and
Consent Agreement documents.
Council Member Ludeman reviewed the agreement benefits, the
impact of federal legislation, and noted that municipalities
cannot control the consumer rates charged by the cable company.
M/Ludeman, S/Sandahl to close the public hearing.
M®-~ci®n car~ier~ 4-0.
M/Ludeman, S/Sandahl that this constitute Second Reading of
Bill No. 1991-15~ Appendix E, Local Programming Restructuring
Ordinance, that it be published in the official newspaper and
that it be made part of these minutes.
Motion carried 4-0.
M/Ludeman, S/Sandahl that the following resolution be
adopted; that it be spread in the resolution book and that it be
made part of these minutes:
RESOLUTION N0. 7824
A RESOLUTION APPROVING A SETTLEMENT WITH THE GRANTEE
UNDER CITY'S CABLE COMMUNICATIONS FRANCHISE ORDINANCE
REGARDING REVISIONS TO AND EXTENSION OF CERTAIN TERMS
®F THE CATV RELIEF ORDINANCE AS AMENDED,
BASED UPON ENACTMENT OF THE LOCAL PROGRAMMING RESTRUCTURING
ORDINANCE AND MODIFICATIONS TO OTHER RELATED AGREEMENTS
Motion carried 4-0. This resolution appears as Resolution
No. 7824 in Resolution Book No. 60.
M/Ludeman, S/Sandahl to approve the execution of the
Restated Performance Agreement and Consent Agreement Documents.
Motion carried 4-0.
Council Meting Minutes
-9- November 25, 1991
Item #11 CONSIDERATION OF RESOLUTION TO AMEND LETTER OF
UNDERSTANDING BETWEEN CITY OF RICHFIELD AND CITY
MANAGER, ADJUSTING COMPENSATION (DEFERRED FROM OCTOBER
1~, 1991). C.L. N0. 30~
Council Member Sandahl stated that Council. Member Bullock
was not able to attend tonight°s meeting because of a family
emergency. He stated Council Member Bullock had requested that a
consideration of this item be deferred to January 13, 1992.
Council Member Ludeman asked for clarification as to the
intent of this item.
Council Member Sandahl stated the intent was to consider
rescinding the action of September 9, 1991 regarding the City
Manager°s compensation and to take further action regarding this
issue.
M/Sandahl, S/Stokes to defer consideration of a resolution
to amend letter of understanding between City of Richfield and
City Manager, adjusting compensation, to the January 13. 1992
City Council Meeting. --
Motion carried 4-0. =
Item #12 CONSIDERATION OF APPROVAL OF JOINT POWERS AGREEMENT FOR
SERVICE HENNEPIN REGIONAL PLANNING OFFICE FOR HUMAN
SERVICES; APPOINTMENT OF COUNCIL MEMBER TO SERVE ON
REGIONAL CITIZENS ADVISORY COMMISSION; AND APPROVAL OF
RESOLUTION ESTABLISHING RICHFIELD COMMUNITY HUMAN
SERVICE PLANNING COUNCIL. C.L. NO. 305
City Manager Prosser reviewed Council Letter No. 305
recommending approval of a point powers agreement for the South
Hennepin Regional Planning Office for Human Services, approval of
a resolution establishing the Richfield Community Human Service
Planning Council, and that the Council consider the appointment
of a Council Member to serve on the Regional Citizens Advisory
Commission.
Council Member Ludeman stated that the new structure should
resolve some of the problems and lower costs.
M/Ludeman, S/Sandahl to apyrove the execution of the South
Hennepin Regional Planning Agency Joint and Cooperative
Agreement.
Motion carried 4-0.
Council Meeting Minutes -10- November 25, 1991
M/Ludeman, S/Sandahl 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. 7825
A RESOLUTION ESTABLISHING A RICHFIELD COMMUNITY
HUMAN SERVICES PLANNING COUNCIL
Motion carried ~-0. This resolution appears as Resolution
No. 7825 in Resolution Book No. 60.
M/Sandahl, S/Kirsch to appoint Kristal Stokes to the
Regional Citizens Advisory Commission.
(Motion withdrawn)
Council Member Stokes indicated she may not be able to serve
on the commission.
Council Member Sandahl withdrew his. motion with concurrence
of Mayor Kirsch.
M/Sandahl, S/Stokes to appoint Ivan Ludeman to the Regional
Citizens Advisory Commission.
Motion carried 3-0. (Ludeman abstained)
Item #13 CONSIDERATION AS TO WHETHER TO HOLD A CITY COUNCIL
STUDY SESSION ON DECEMBER 2, 1991. C.L. NO. 306
M/Ludeman, S/Sandahl to cancel the December 2, 1991 City
Council Study Session.
Motion carried 4-0.
Item #1~ AYRPORT STATUS REPORT
City Manager Prosser reviewed the following airport issues:
~ Richfield's testimony before the Metropolitan Airports
Commission (MAC) in opposition to the North/South runway
proposalo
~ Staff receipt of the Runway 4-22 Extension Environmental
Impact (E.I.S.) Statement;
~ Status of the Rich Acres/New Ford Town buyout plan.
Council Meeting Minutes -11- November 25, 1991
Mayor Kirsch stated that it is encouraging that the MAC is
acknowledging that the buyout should occur.
Item #15 LEGISLATIVE REPORT
None
Item #16 COUNCIL DISCUSSION ITEMS
None
Item #17 CLAIMS AND PAYROLLS
M/Ludeman, S/Sandahl that the following claims and payrolls
be approved :
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RICHFIELD BANK & TRUST CO.
Checks(11/12) 14624-14674; 29447-29710 $ 894,387.62
Checks(11/25) 14675-14706; 29714-29916 $ 1,185,722.84
NORWEST BANK
Checks(11/12) 1127 $ 15,000.00
FIRSTAR BANK
Checks(11/12) 6482-6504 $ 1,033,357.70
Checks(11/25) 6505-6528 $ 582,770.33
Payroll(11/12) 50927-50966; 52680-52984 $ 334,771.96
Payroll(11/25) 50967-51000; 53001-53280 $ 328,741.99
Motion carried 4-0.
ADJOURNMENT
M/Stokes, S/Ludeman to adjourn the meeting.
Motion carried 4-0.
The meeting was adjourned at 8:40 p.m.
I
Date A roved: 12/9/91 ~~ • /
Thomas P. Ferber
City Clerk
.. ., . ~~/ y~J o .v j _ _
D. Prosser
Manager