03-23-1992CITY OF RICHFIELD, MINNESOTA
REGULAR CITY COUNCIL MEETING
March 23, 1992
MEMBERS PRESENT: Martin Kirsch, Mayor; Ivan Ludeman; Michael
Sandahl; Kristal Stokes; and William Bullock.
STAFF PRESENT: James Prosser, City Manager; Thomas Ferber,
City Clerk; Byron Wallace, Community
Development Director; Jack Erskine, Public
Safety Director; William Fillmore,
Liquor Operations Director; Melanie Ault,
Personnel Manager; Gretchen Blank, Leisure
Services Coordinator; 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/Bullock, S/Ludeman to approve the minutes of the regular
City Council Meeting of March 9, 1992.
Motion carried 5-0.
Item #1 OPPORTUNITY FOR PERSONS TO ADDRESS THE CITY COUNCIL
ON ANY ITEM NOT LISTED ON THE AGENDA.
Jean Fox, 6616 Sheridan Avenue, reviewed the Minnesota
Working Family Credit and the Federal Earned Income Credit
programs which can benefit lower income families. She stated
residents can receive further information by calling 296-6417 or
1-800-829-1040.
Item #2 PRESENTATION OF PROCLAMATION DESIGNATING APRIL 4, 1992
RICHFIELD COMMUNITY HEALTH FAIR DAY
Mayor Kirsch read and presented a proclamation designating
April 4, 1992 as Community Health Fair Day in the City of
Richfield to Jane Myre of the Advisory Board of Health.
Mayor Kirsch and Jane Myre invited residents to attend the
Family Health Fair on April 4, 1992, 10:00 a.m. to 4:00 p.m. at
Market Plaza, 66th Street and Lyndale Avenue.
Council Meeting Minutes -2- March 23, 1992
Item #3 RECOGNITION OF RICH ACRES GOLF COURSE FOR RECEIVING
1991 NATIONAL GOLF AWARD FOR EXCELLENCE IN PROMOTING
AND ENHANCING THE PUBLIC GOLF EXPERIENCE. C.L. N0. 68
Mayor Kirsch preseDted the 1991 National Golf Award for
Excellence in promoting and enhancing the public golf experience
at Rich Acres Golf Course to Darrel Harman, Golf Course Manager,
and Bob Borovansky, Greens Superintendent.
Item #4 COUNCIL APPROVAL OF AGENDA
M/Ludeman, S/Stokes to approve the agenda.
Motion carried 5-O.
Item #5 CONSENT CALENDAR
Council Member Ludeman requested that Item #5E be removed
from the consent calendar for consideration.
Mayor Kirsch stated that Item #5E "CONSIDERATION OF APPROVAL
OF RESOLUTION FOR LAWFUL GAMBLING LICENSE FOR RICHFIELD AMERICAN
LEGION POST #435" would be removed from the consent calendar and
placed on the regular Agenda as Item #9A.
5A. APPROVED A RESOLUTION CONFIRMING APPOINTMENT OF MR. LARRY
EMOND AND MR. GLENN ERICKSON TO THE 1992 BOARD OF
EQUALIZATION (BOARD OF REVIEW) C.L. 69
RESOLUTION NO. 7854
A RESOLUTION CONFIRMING CITY MANAGER'S APPOINTMENT OF
TWO RESIDENT MEMBERS TO THE BOARD OF EQUALIZATION
This resolution appears as Resolution No. 7854 in Resolution
Book No. 61.
H. APPROVED A RESOLUTION APPROVING THE 1992 LABOR AGREEMENT WITH
THE INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL NO. 49
AND THE CITY OF RICHFIELD C.L. 70
Council Meeting Minutes -3- March 23, 1992
RESOLUTION NO. 7855
RESOLUTION APPROVING ADDENDUM TO THE
LABOR AGREEMENT BETWEEN THE CITY OF RICHFIELD AND
INTERNATIONAL UNION OF OPERATING ENGINEERS
LOCAL 49 AFL/CIO FOR THE YEAR 1992
This resolution appears as Resolution No. 7855 in Resolution
Book No. 61.
C. APPROVED A RESOLUTION PROVIDING FOR REFUNDING OF RICHFIELD
STATE AGENCY, INC. COMMERCIAL DEVELOPMENT REVENUE BONDS C.L.
71
RESOLUTION N0. 7856
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHFIELD,
MINNESOTA (THE "ISSUER") AUTHORIZING THE ISSUANCE, SALE AND
DELIVERY OF THE ISSUER'S COMMERCIAL DEVELOPMENT REFUNDING
REVENUE BONDS (RICHFIELD STATE AGENCY, INC. PROJECT) SERIES
1992 (THE "BONDS"), WHICH BONDS AND THE INTEREST AND ANY
PREMIUM THEREON SHALL BE PAYABLE SOLELY FROM REVENUES PLEDGED
THERETO; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION
AND DELIVERY OF A TRUST INDENTURE AND A LOAN AGREEMENT;
APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND
DELIVERY OF THE BONDS; PROVIDING FOR THE SECURITY, RIGHTS AND
REMEDIES OF THE OWNERS OF SAID BONDS; AND AUTHORIZING
EXECUTION OF AN AMENDMENT TO INDENTURE OF TRUST RELATING TO
CERTAIN PRIOR BONDS
This resolution appears as Resolution No. 7856 in Resolution
Book No. 61.
D. APPROVED A RESOLUTION AUTHORIZING SUBMITTAL OF PRELIMINARY
RIGHT-OF-WAY ACQUISITION LOAN FUND APPLICATION FOR PURCHASE
OF PROPERTY AT 7644 CHICAGO AVENUE C.L. 72
RESOLUTION N0. 7857
RESOLUTION AUTHORIZING LOAN APPLICATION_FOR ACQUISITION OF
77TH STREET RIGHT-OF-WAY
7644 CHICAGO AVENUE
This resolution appears as Resolution No. 7857 in Resolution
Book No. 61.
E. Removed from the Consent Calendar for Consideration on the
Regular Agenda as Item 9A.
F. APPROVED PURCHASE OF NEW PUBLIC SAFETY RADIO SYSTEM EQUIPMENT
FROM MOTOROLA TO REPLACE THAT WHICH WAS DAMAGED BY LIGHTNING
THROUGH HENNEPIN COUNTY CONSOLE CONTRACT #9624 IN THE AMOUNT
OF $133,679.00 AND ADDITIONAL COSTS OF $6,078.00 FOR UPGRADES
FROM PUBLIC SAFETY RADIO FUND C.L. 74
Council Meeting Minutes -4- March 23, 1992
G. APPROVED PURCHASE IN EXCESS OF $5,000 FOR COUNTERTOP AND
APPURTENANT CHECKOUT LANE FIXTURES FOR THE•MUNICIPAL LIQUOR
STORE LOCATED AT 6444 LYNDALE AVENUE FROM ENNIS CABINETS FOR
AN AMOUNT OF $5,634 C.L. 75
M/Ludeman, S/Sandahl to approve the consent calendar as
amended.
Motion carried 5-O.
Item #6 PUBLIC HEARING AND SECOND READING OF ORDINANCE TO
ADJUST-WARD DISTRICT BOUNDARIES TO MEET EQUAL
POPULATION CRITERIA AND CONSIDERATION OF RESOLUTION
ESTABLISHING PRECINCT BOUNDARIES. C.L. NO. 76
City Manager Prosser reviewed Council Letter No. 76
regarding a proposed ordinance to adjust the ward district
boundaries to meet the equal population criteria and
consideration of a resolution establishing precinct boundaries.
Council Member Sandahl described the prop®sed modification
which would delete from Ward 2 and add to Ward 1 the following
area:
An area bounded by 135W on the west, 66th Street, Rae Drive,
and 65th Street on the south, Lyndale Avenue on the east and
Crosstown 62 on the north.
M/Bullock, S/Ludeman to close the public hearing.
Motion carried 5-0.
M/Sandahl, S/Stokes that this constitute Second Reading of
Bill No. 1992-6, Transitory Ordinance No. 17.43, Establishing the
Boundaries of Council Districts pursuant to Section 2.03 of the
City Charter, that it be published in the official newspaper and
that it be made part of these minutes.
Motion carried 5-0.
M/Sandahl, S/Ludeman 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. 7858
RESOLUTION ESTABLISHING BOUNDARIES OF ELECTION PRECINCTS
Motion carried 5-0. This resolution appears as Resolution
No. 7858 in Resolution Hook No. 61.
Council Meeting Minutes -5- March 23, 1992
Item #7 CONSIDERATION OF REQUEST FOR PRELIMINARY PLAT APPROVAL
OF RICHFIELD BANK ADDITION AT 6625 LYNDALE AVENUE.
C.L. N0. 77 '
City Manager Prosser reviewed Council Letter No. 77
regarding the request of Richfield State Agency for approval of
the preliminary plat of the property located at 6625 Lyndale
Avenue.
Jan Susee, representing Richfield State Agency, requested
the proposed stipulation that the applicant demonstrate all
current taxes payable have been paid in full be dropped because
this payment will be made in September when the plat is filed.
City Attorney Dean stated that Hennepin County requires this
payment be made before or at the time developer files the plat,
therefore it is not necessary for this approval. He recommended
a different stipulation be added requiring that the applicant pay
all fees for the filing and review of this plat.
M/Sandahl, S/Ludeman to~close the public hearing.
Motion carried 5-0.
1
M/Ludeman, S/Bullock to approve the preliminary plat for the
Richfield Bank Addition at 6625 Lyndale Avenue with the following
stipulations:
1. That the applicant provide the City with title
information prior to final plat approval.
2. That the applicant pay all fees for the filing and
review of this plat.
Motion carried 5-0.
Item #8 PUBLIC HEARING AND SECOND READING OF ORDINANCE
RESTRICTING REPAIR OF VEHICLES IN RESIDENTIAL
NEIGHBORHOODS. C.L. NO. 78
City Manager Prosser reviewed Council Letter No. 78
regarding a proposed ordinance amendment restricting the repair
of motor vehicles in residential neighborhoods.
Ron Fossum, 7344 Oakland Avenue, spoke in opposition to the
proposed amendment stating it would infringe on individual
rights, create more problems between neighbors, and that it was a
terrible law which should not be enacted. He presented a
petition (Clerks File No. C-327) of approximately 250 signatures
in opposition to the proposed ordinance.
Council- Meeting Minutes -6- March 23, 1992
Dave Hagen, 6913 Queen Avenue, spoke in opposition to the
proposed ordinance stating that arbitration could resolve this
issue. He stated the City has taken him to court due to a
squabble with his neighbor .over car repairs. He stated he
thought the City was harassing him.
Dick Ziemer, 6229 Xerxes Avenue, stated concern that this
legislation is too extreme because it interferes with the right
to work on family members' cars and to assist those who may break
down on the street by his house. He stated agreement that auto
repair businesses should not be allowed in residential areas.
Jeff Hoffman, 7621 10th Avenue, spoke in opposition to the
proposed ordinance stating it would create neighbor problems and
discriminate against his right to change oil on his grandmother's
car.
Kevin Hansen, 6821 14th Avenue, spoke in opposition to the
proposed ordinance stating it made a mayor issue out of a minor
incident.
Jean Fox, 6616 Sheridan Avenue, suggested that the proposed
ordinance may have too broad o£ a scope because it mould prohibit
children from working on their vehicle at a parent's home. She _
suggested that the issue could be addressed by defining certain
criteria under which car repair would be considered a public
nuisance and regulated under those circumstances.
Harley Hansen, 6801 14th Avenue, spoke in opposition to the
proposed ordinance.
Duane Bersie, 6909 Queen Avenue, stated concerns about the
negative impact of living near someone who operates like a car
repair shop and urged something be done to control this activity.
Jeff Kelly, 7621 10th Avenue, spoke in opposition to the
proposed ordinance stating a person should be able to do what
they want on their property within certain limits. He stated
that some restriction about not bothering your neighbors may be
appropriate.
Jay Fowler, 6916 Penn Avenue, spoke in support of the
proposed ordinance. He reviewed the difficulties he has suffered
- due to a neighbor's car repair activities and resultant
enforcement actions by the City to try to halt those activities.
He stated arbitration did not apply to this situation because the
neighbor was in violation of the existing law, therefore, there
was nothing to arbitrate. He reviewed the problems created by
the alleged business and alleged harassment after the court
action to stop the activity.
Jane Myre, 7033 Oliver Avenue, spoke in support of the
proposed ordinance.
Council Meeting Minutes -7- March 23, 1992
Diak Ziemer, 6229
the description of the
could see the need for
type definition.
Ann Eid, 6639 2nd
zoning the block comma:
if they are allowed to
Xerxes Avenue, stated that after hearing
problems by Mr. Fowler and Mr. Hersie, he
regulation such as the public nuisance
Avenue, suggested the possibility of
rcial and taxing it at the commercial rate
have a business such as this.
Kevin Hansen, 6801 14th Avenue, stated concern that this
proposed ordinance would impact the whole community to solve
isolated problems and was written too broadly.
Ron Fossum, 7344 Oakland Avenue, stated that the proposed
ordinance could create more neighborhood problems.
M/Sandahl, S/Ludeman to close the public hearing.
Motion carried 5-0.
City Manager Prosser responded to several issues raised
during the public hearing:
- He stated several significant enforcement efforts related to
residential car repair businesses are required each year
and litigation costs are high. He stated the need to
balance the rights of all people and the difficulty of
enforcement .
- Performance standards such as noise levels, equipment, and
number of cars create difficult enforcement.
- Mr. Hagen's prosecution is occurring under the existing
ordinances. The proposed ordinance would make it very clear
what is prohibited.
- Arbitration is often very effective in resolving many types
of neighborhood disputes but has not worked in case of auto
repair situations.
City Attorney Dean reviewed constitutional issues and
enforcement issues related to the proposed ordinance amendment.
Council Member Sandahl stated that the problems caused by
auto repair operation in residential neighborhoods are not
isolated and occur fairly often. He stated enforcement by
complaint is utilized on other similar ordinances with very few
problems. He stated that property owners must also be concerned
with the rights of their neighbors to live free of nuisance. Mr.
Sandahl stated he would favor some modification of the ordinance
for family members.
Council Meeting Minutes -8- March 23, 1992
Council Member Ludeman stated that this proposed ordinance
would prevent and stop problems therefore, it will make for
better relations between neighbors. He stated that the ordinance
would reduce costa by reducing the need for litigation. Mr.
Ludeman indicated spot zoning was not appropriate for this issue.
Council Member Stokes stated that the proposed ordinance is
aimed at prevention of problems. She stated support for an
amendment to allow family or good samaritan repairs.
Council Member Bullock stated that the proposed ordinance is
a response to a recognized problem in the community. He stated
support for a modification to address the need for family members
being allowed to repair autos.
Mayor Kirsch spoke in support of the proposed ordinance and
a modification to accommodate family members.
Discussion followed on how to define family members.
Council Member Bullock stated he would include such a
modification in an amended proposed ordinance motion.
M/Bullock, S/Ludeman that this constitute Second Reading of
Hill No. 1992-7. Amendment to Subsection 510.23 of Appendix B
entitled "Home Occupations" by adding the following new
subdivision:
~ubd. 9. Spey
motor vehicles, why
registered to a re:
the repair is made
mother or father, ~
shall not be allow
that it be published in the official newspaper and that it be
made garb of these minutes.
Motion carried 5-0.
~J
Item #9 CONSIDERATION OF FIRST READING OF ORDINANCE AMENDMENTS
WHICH UPDATE CURRENT SWIMMING POOL ORDINANCE. C.L.N0.79
City Manager Prosser reviewed Council Letter No. 79
regarding a proposed ordinance amendment to update the current
swimming pool ordinance to define the City's health authority,
clarify the definition of a'public swimming pool, to give the
City authority to charge a license fee for the inspection of
public swimming pools, and to include language related to health
and safety issues.
~ific activit:
tether for con;
sident of the
. or to a son
~r grandparen~
Les prohibited.
sideration or no'
dwelling on the
or daughter, bra
t of a resident ~
The repair of
t. which are no
property where
ether or sister
~f the property
Council. Meeting Minutes -9- March 23, 1992
Council Member Ludeman stated concerns that charging a
swimming pool inspection fee of $85 is a double tax, because
apartments with swimming pools have greater value and therefore
pay more taxes because of the swimming pool.
Council Member Sandahl stated this was a appropriate user
fee and that swimming pools may actually decrease a property
value rather than increase it.
Public Safety Director Erskine stated the proposed $85
annual fee would include 2-3 inspections per year. He stated
that the City of Bloomington inspections contract provided for
the conduct of these state required inspections, however
Richfield has no fee to cover the costs of approximately $5000
per year. He stated Bloomington's license fee is $85.
Council Member Ludeman suggested this item be tabled until
the Assessing Division provides an analysis of the value of an
apartment building with and without a swimming pool and staff
provides verification of user fee revenue covering the costs of
the Bloomington inspection contract.
M/Ludeman, S/Stokes to table consideration of First Readincl
of the~roposed ordinance amending the current swimming Wool
ordinance until further information regarding analysis of
apartment assessed value and user fee revenue is available.
Motion carried 4-1. (Sandahl opposed)
Item #9A CONSIDERATION OF APPROVAL OF RESOLUTION FOR LAWFUL
GAMBLING LICENSE FOR RICHFIELD AMERICAN LEGION POST
#435. C.L. NO. 73
Council Member Ludeman spoke in opposition to waiving the
investigation fee for this lawful gambling license because it is
an enterprise activity. He suggested that the City Council make
it a policy not to waive fees for any gambling licenses.
Council Member Sandahl stated that either the Council should
waive all lawful gambling fees for organizations and churches as
has been done, or waive none at all. He stated that if there is
a change, it should be done for next year. Mr. Sandahl noted
that any fees required would lessen the amount available to the
organization for qualifying charitable uses.
Council Member Ludeman stated he would support approval of
the waiver of the American Legion #435 fee for this year, but
stated that the Council should consider not waiving such fees
starting in 1993.
Council Meeting Minutes -10- March 23, 1992
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. 7859
A RESOLUTION GRANTING APPROVAL FOR THE
RICHFIELD AMERICAN LEGION #435
TO CONDUCT LAWFUL GAMBLING
Motion carried 5-0. This resolution appears as Resolution
No. 7859 in Resolution Book No. 61.
Item #10 AIRPORT STATUS REPORT
1. NEW FORD TOWN/RICH ACRES BUYOUT
Council Member Stokes reviewed the Residents Committee
meeting held with legislators.
2. SOAR MEETING
Mayor Kirsch and City Manager Prosser reviewed their meeting
with the Dakota County SOAR organization which opposes
moving the airport.
3. PART 150 PROGRAM
City Manager Prosser stated information will be sent to
residents in the areas eligible for Part 150 funds and small
group meetings will be scheduled.
4. NOISE MITIGATION LEGISLATION
City Manager Prosser reviewed the status of legislation
introduced by Richfield's legislators regarding funding for
noise mitigation.
Council Meeting Minutes -11- March 23, 1992
Item #11 LEGISLATIVE REPORT
City Manager Prosser reviewed the impact of the Governor's
State budget balancing proposal which would result in a loss of
approximately $780,000 in Local Government Aid for the City of
Richfield. He stated the proposed cuts were not equitable in
distribution because cities such as Bloomington and Edina lost no
revenues under this plan. Mr. Prosser indicated that legislators
have discussed an alternative proposal whereby cities would pay
sales tax. This proposal would have a lesser impact on the City
of approximately $200,000 - $300,000.
Council Member Bullock suggested that the Council discuss at
the next study session the feasibility of the Council rescinding
its approval of the 1/2 cent increase in the sales tax because
the promise to dedicate this for the Local Government Trust Fund
is being broken.
Item #12 COUNCIL DISCUSSION ITEMS
None
Item #13 CLAIMS AND PAYROLLS
M/Ludeman, S/Stokes that the following claims and payrolls
be approved:
RICHFIELD BANK & TRUST CO.
Checks 15088-15130; 31912-32082 $765,716.16
NORWEST BANK
Check 1134 $ 10,000.00
FIRSTAR BANK
Checks 6707-6730 $493,464.23
Checks 54961-54998; 55596-55873 $326,784.39
Motion carried 5-0.
Council Meeting Minutes -12- March 23, 1992
ADJOURNMENT
M/Bullock, S/Ludeman to adjourn the meeting.
Motion carried 5-0.
The meeting was adjourned at 9:10 p.m.
Date Approved:
4/14/92
Thomas P. Ferber
City Clerk
~~~ ~~ ~~
Martin J. rsch Mayor
~,
J s D. Prosser
Ci y Manager
1