04-13-1992CITY OF RICHFIELD, MINNESOTA
REGULAR CITY COUNCIL MEETING
April 13, 1992
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; 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/Sandahl, S/Stokes to approve the minutes of the regular
City Council Meeting of March 23 1992; the minutes of the
Special City Council Meeting of March 27, 1992; and the minutes
of the City Council Study Session of April 6. 1992.
Motion carried 4-0.
Item #1 OPPORTUNITY FOR PERSONS TO ADDRESS THE CITY COUNCIL
ON ANY ITEM NOT LISTED ON THE AGENDA.
Don Cederholm, 6214 5th Avenue, expressed concerns related
to water utility rates, the amount of retained earnings in the
water utility and storm sewer utility funds, and why bottled
water was delivered to City Hall.
Public Safety Director Erskine stated that bottled water is
used in the Public. Safety exercise room because no water lines
are in that part of the building.
City Manager Prosser reviewed the uses of the utility
reserve funds for maintenance, capital equipment replacements,
and operations of the utilities.
Council Meeting Minutes -2- April 13, 1992
H.M. "Pete" Hovelson, 7240 Grand Avenue, stated he owned
property at 7720 Wentworth Avenue. He reviewed concerns related
to code enforcement and vehicle storage issues at 7720 Wentworth
Avenue.
Discussion followed regarding code enforcement procedures,
timeframes to comply, and truck parking ordinance provisions.
City Manager Prosser indicated that City staff would prepare
information on the issues regarding the vehicle parking ordinance
for the neat City Council Study Session. Staff will ensure that
appropriate and reasonable time is provided so that the property
is cleaned up.
Floyd Sandell, 6737 3rd Avenue, stated concerns about crime
in the community, the staffing level of the police division and
suggested that budget cuts be made in departments such as
Community Services.
City Manager Prosser stated that the 1991 budget cuts had
been made to all departments. He stated that there are more
patrol officers on the street now because officers have been
taken off of administrative positions. He reviewed the
importance of the Neighborhood Crime Watch in helping to deter
and report crime.
Item #2 PRESENTATION OF PROCLAMATION DESIGNATING APRIL 26-MAY
2, 1992 VOLUNTEER RECOGNITION WEEK IN RICHFIELD
Council Member Sandahl read and presented a proclamation
designating April 26 - May 2, 1992 as Volunteer Recognition Week
in Richfield to Gretchen Blank, Leisure Services Coordinator.
She thanked the many members of the Richfield community who
volunteer their time to make various programs available.
Item #3 PRESENTATION OF PROCLAMATION DESIGNATING TUESDAY, APRIL
28, 1992 NATIONAL YOUTH SERVICE DAY IN RICHFIELD
Council Member Stokes read and presented a proclamation
designating Tuesday, April 28, 1992 as National Youth Service Day
in Richfield to Barb St. Aubin from Richfield High School. She
stated that the seniors at the high school had performed 10,000
hours of community service last year.
Item #4 PRESENTATION OF PROCLAMATION DESIGNATING APRIL 26, 1992
AS ARBOR DAY AND MAY 1992 AS ARBOR MONTH IN RICHFIELD.
C.L. ~NO. 80
Council Member Bullock read and presented a proclamation
designating April 26, 1992 as Arbor Day and May 1992 as Arbor
Month in Richfield to Community Services Director Fondrick.
Council Meeting Minutes -3-
Item #5 COUNCIL APPROVAL OF AGENDA
M/Stokes, S/Sandahl to approve the agenda.
Motion carried 4-0.
Item #6 CONSENT CALENDAR
April 13, 1992
6A. APPROVED AGREEMENT WITH ADVENTURE GOLF SERVICES FOR SERVICES
RELATED TO MINIATURE GOLF AT VETERANS MEMORIAL PARK OF
RICHFIELD FOR THE AMOUNT OF $29,000 C.L. 81
B. APPROVED RESOLUTION AUTHORIZING WITHDRAWAL OF $950,000 FROM
THE FRANKLIN U.S. GOVERNMENT SECURITIES FUND C.L. 82
RESOLUTION NO. 7860
RESOLUTION AUTHORIZING WITHDRAWAL FROM
FRANKLIN U.S. GOVERNMENT SECURITIES FUND
This resolution appears as Resolution No. 7860 in Resolution
Book No. 61.
C. APPROVED 1992 LABOR AGREEMENT WITH RICHFIELD POLICE
SUPERVISORY ASSOCIATION C.L. 83
RESOLUTION NO. 7861
RESOLUTION APPROVING LABOR AGREEMENT BETWEEN
THE CITY OF RICHFIELD AND THE RICHFIELD POLICE SUPERVISORS
BARGAINING UNIT LOCAL 162 FOR THE YEAR 1992
This resolution appears as Resolution No. 7861 in Resolution
Book No. 61.
D. APPROVED RESOLUTION FOR PURCHASE IN EXCESS OF $5,000 FOR
POINT OF SALE INVENTORY COMPUTERIZED CASH REGISTER SYSTEM AND
APPURTENANT EQUIPMENT, HARDWARE/SOFTWARE AND SERVICES FOR THE
MUNICIPAL LIQUOR OPERATIONS FROM TOTAL REGISTER SYSTEMS FOR
AN AMOUNT OF $52,842.00 C.L. 84
RESOLUTION NO. 7862
RESOLUTION ACCEPTING HID AND AWARDING CONTRACT FOR
POINT OF SALE AND INVENTORY HARDWARE, SOFTWARE AND SERVICES
This resolution appears as Resolution No. 7862 in Resolution
Book No. 61.
Council Meeting Minutes -4-
E. APPROVED RESOLUTION GRANTING LAWFUL GAMBLING
WAIVER FOR THE CHURCH OF ST. RICHARD'S C.L.
RESOLUTION NO. 7863
RESOLUTION GRANTINGH APPROVAL FOR THE
ST. RICHARDS TO CONDUCT LAWFUL GA1
April 13, 1992
LICENSE AND FEE
85
CHURCH OF
HBLING
This resolution appears as Resolution No. 7863 in Resolution
Book No. 61.
M/Sandahl, S/Bullock to approve the consent calendar.
Motion carried 4-0.
Item #7 PUBLIC HEARING AND SECOND READING OF ORDINANCE
AMENDMENT TO PERMIT SALE OF BEER AND WINE COOLERS HY A
LOCAL NONPROFIT ORGANIZATION OR THE CITY AT A CIVIC OR
COMMUNITY EVENT AT AUGSBURG PARK, TAFT PARK AND
VETERANS MEMORIAL PARK OF RICHFIELD. C.L. NO. 86
City Manager Prosser reviewed Council Letter No. 86
regarding a proposed ordinance to permit the sale of beer and
wine coolers by a local nonprofit organization or the City at a
civic or community event at Augsburg .park, Taft Park and Veterans
Memorial Park.
Greg Allers, 7501 2nd Avenue, Chair of the Community
Services Commission, spoke in support of the proposed amendment.
He indicated that the Commission supported the amendment in
response to the desire of Community groups to use profits to help
offset the costs of community events.
Sue Sandahl, 7601 Bryant Avenue, former Chair of the
Community Services Commission, spoke in support of the proposed
ordinance, reviewed the history of the issue, and stated no
problems had been encountered when the City previously had a
similar ordinance.
Karen McRae, 7445 5th Avenue, spoke in opposition to the
proposed ordinance citing the problems caused by alcohol use
which conflict with the family oriented activities of a park.
Paul Brabant, 6815 Chicago Avenue, spoke in opposition to
the proposed ordinance stating it would set a bad example and
create more problems for public safety.
Angela Aylward, 2915 West 70~ Street, spoke in opposition to
the proposed ordinance because it would have a negative impact on
youth and crime.
Council Meeting Minutes -5- April 13, 1992
Robert Pemberton, 6639 Elliot Avenue, spoke in support of
the proposed ordinance noting that it would be limited to events
such as the 4th of July and would not create any additional
problems since people already drink beer at these events.
Bob Lindgren, 6339 12th Avenue, member of the Community
Services Commission, stated he had voted against recommending
this ordinance because it would have a negative affect on
children and families in parks, cause control problems for public
safety, and that the motivation of profit was not a good reason
to allow the sale of beer in the parks.
Heidi Gaibor, 6915 Wentworth Avenue, spoke in opposition to
the proposed ordinance stating concerns about liability and park
cleanup.
Don Cederholm, 6214 5th Avenue, spoke in opposition to the
proposed ordinance citing concerns about control and safety.
Robert Riley, 7233 Queen Avenue, spoke in opposition to the
proposed ordinance citing social and liability costs. He
supported stiffer enforcement of current law as opposed to
legalizing the problem.
John Easterwood, 6525 Longfellow Avenue, spoke in opposition
to the proposed ordinance because of the negative consequences of
alcohol use.
Oliver Hoffman, 6438 11th Avenue, spoke in opposition to the
proposed ordinance because it would create public safety problems
and social problems.
City Clerk Ferber stated that Gertrude Noomen, 626 E. 77th
Street, had submitted a petition (Clerk's file #C-328) with 113
signatures in opposition to the proposed ordinance. He stated
written statements in opposition to the proposed ordinance had
been received from the following individuals:
Stan ~ Ann Dzik, 6837 Harriet Avenue
Rita Fox, 6927 Wentworth Avenue
Don Cederholm, 6214 5th Avenue
Vern Luettinger, 7045 14th Avenue
Ruthann Clay, 7301 10th Avenue
Richard Holmberg, New Start Counseling Programs,
12 West 70th Street
M/Sandahl, S/Stokes to close the Aublic hearing.
Motion carried 4-0.
Council Member Sandahl reviewed issues related to beer in
the parks at community events and softball games.
Mayor Kirsch asked about liability exposure to the City if
this ordinance is approved.
Council Meeting Minutes -6- April 13, 1992
City Manager Prosser reviewed insurance and liability
exposure related to municipalities.
Council Member Bullock reviewed the positive and negative
aspects of the proposed ordinance. He stated that Richfield is a
very special and unique community with high standards, therefore,
he was not going to support the ordinance.
Council Member Stokes stated she had researched the
liability insurance issue finding it would be very expensive and
difficult for a community group to obtain. She indicated that
she had also spoke to the Bloomington Police Department regarding
their experiences with a similar ordinance. She stated it
appears the majority of the community opposes the ordinance.
Mayor Kirsch stated he felt it would not be good policy to
change the ordinance and that it would not be a good example for
the youth in the City.
M/Bullock, S/Kirsch to deny second reading of an ordinance
amendment to Chapter VIII, Section 840.11 Sale and consumption of
beer in parks.
Motion carried 4-0.
Item #8 PUBLIC HEARING AND SECOND READING OF ORDINANCE FOR SALE
OF PROPERTY AT 6501 15TH AVENUE TO THE HRA AND
AUTHORIZATION TO ENTER INTO LICENSE AGREEMENT WITH THE
BRA. C.L. NO. 87
City Manager Prosser reviewed Council Letter No. 87
regarding a proposed transitory ordinance authorizing and
providing for the sale of the property located at 6501 15th
Avenue.
M/Bullock, S/Sandahl to close the public hearing.
Motion carried 4-0.
M/Sandahl, S/Stokes that this constitute Second Reading of
Bill No. 1992-8, Transitory Ordinance 17.44, Authorizing and
Providing for the Sale, Transfer or other disposition and
conveyance of certain City owned Real Property located in the
City of Richfield (6501 15th Avenue South )_; that it be published
in the. official newsnaDer and that it_be made Hart of these
minutes.
Motion carried 4-0.
Council Meeting Minutes -7- April 13, 1992
Item #9 PUBLIC HEARING AND CONSIDERATION OF RESOLUTION
AUTHORIZING SUBDIVISION WAIVER AT 7701-05 MORGAN
AVENUE. C.L. NO. 88
City Manager Prosser reviewed Council Letter No. 88
regarding a request by Leaseback Properties Limited Partnership
for a subdivision waiver in order to divide 7701-05 Morgan Avenue
into two separate lots with a commercial building on each lot.
M/Bullock, S/Sandahl to close the public hearing.
Motion carried 4-0.
M/Bullock, 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. 7864
RESOLUTION AUTHORIZING SUBDIVISION WAIVER (7701-05 MORGAN AVENUE)
Motion carried 4-0. This resolution appears as Resolution
No. 78 in Resolution Book No. 61.
Item #10 CONSIDERATION OF FIRST READING OF ORDINANCE AMENDING
CURRENT SWIMMING POOL ORDINANCE (CONTINUED FROM MARCH
23, 1992) C.L. N0. 89
City Manager Prosser reviewed Council Letter No. 89
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 of $85 for the inspection
of public swimming pools, and to include language related to
health and safety issues.
M/Sandahl, S/Bullock that this constitute the First Reading
of this ordinance amendment to Section 420, Private Swimming
Pools; and that the Public Hearing and Second Reading of the
ordinance be scheduled for the May il, 1992 City Council Meeting.
Motion carried~4-0.
Council Meeting Minutes -8- April 13, 1992
Item #11 CONSIDERATION OF RESOLUTION AMENDING RESOLUTION N0.
7858 ESTABLISHING BOUNDARIES OF ELECTION PRECINCTS.
C.L. NO. 90
Randy Johnson, District 2 Hennepin County Commissioner,
requested that the City consider modifying the boundaries of
Precinct 4 and 5 in Richfield to accommodate an alternative
redistricting plan to balance the county commission district
populations. He suggested that the City Council approve the
change conditionally, pending action of the Hennepin County Board
on April 20.
City Attorney Dean stated precinct boundaries are set by
resolution and therefore could not be done conditionally.
In answer to a question from Mayor Kirsch, Commissioner
Johnson explained that Jeff Spartz of Capital Partnerships, Inc.
was retained by the Hennepin County Hoard to assist in the
redistricting process.
Jean Fox, 6616 Sheridan Avenue, spoke
Hennepin County redistricting plan because
City into two county commission districts,
change precinct boundaries causing a large
size, cause long voter lines, and not be a
She stated it is preferable that Richfield
commission district.
in opposition to this
it would split up the
force the City to
imbalance in their
benefit to Richfield.
remain in only one
Commissioner Johnson stated it would be beneficial for the
City to be in two districts.
Council Member Sandahl stated that he would support the
precinct change if it is stipulated that if the change is not
required by the Hennepin County Board, the City Council could
change the boundaries back at the next regular Council meeting.
M/Sandahl, S/Kirsch that the following resolution be
adopted• that it be spread in the resolution book and that it be
made part of these minutes:
RE OLUTION AMENDING RESOLUTION NO. 7858 ESTABLISHING
BOUNDARIES OF ELECTION PRECINCTS
Motion failed 2-2. (Bullock, Stokes opposed)
1
Item #12 CONSIDERATION OF COUNCIL RECEIPT OF THE UNAUDITED 1991
FINANCIAL REPORT. C.L. NO. 91
City Manager Prosser reviewed Council Letter No. 91
regarding presentation of the unaudited 1991 Financial Report of
the City.
Council Meeting Minutes -9- April 13, 1992
M/Bullock, S/Stokes to receive the unaudited 1991 Financial
Report of the City.
Motion carried 4-0.
Item #13 AIRPORT STATUS REPORT
Council Member Stokes summarized the last meeting of the
Neighborhood Residents Committee indicating-that a MAC
representative did not attend. Mayor Kirsch stated that
representatives of MAC had met with the F.A.A. in Washington
regarding funding for the buyout of New Ford Town/Rich Acres.
City Manager Prosser provided the following updates:
* Senator Durenberger, Senator Wellstone, Congressman Sabo, and
Congressman Ramatad have written letters to the F.A.A. in
support of the buyout.
* The deadline for comments on the Runway 4-22 Extension Draft
EIS has been extended to May 1.
* The status of legislation to provide additional funding for
noise mitigation from Passenger Facility Charges (PFC)
* The Airport Strategy Group meeting is scheduled for April 16 to
discuss ongoing strategy.
Item #14 LEGISLATIVE REPORT
City Manager Prosser reviewed the status and impact of
proposed legislation to address the state budget deficit.
Item #15 COUNCIL DISCUSSION ITEMS
Council Member Bullock discussed the following items:
* F.O.W.L. Dinner - Saturday, May 2, 1992, 6:00 p.m.
Fred Babcock VFW
* Annual Gene Jacobsen Award - nominations are being accepted
by the Human Rights Commission.
* 69th Street and Xerxes Avenue Construction: Community
Services Director Fondrick stated that blacktopping would
occur within about two weeks, depending on the weather.
Council Meeting Minutes -10- April 13, 1992
* 7300 First Avenue: City Manager Prosser stated several
insufficient bids had been received. Contact has been made
with several real estate brokers regarding marketing the
property. Council Member Bullock requested a copy of the
bid amounts. .
* Rainbow Foods Grand Opening: Council Member Bullock
commended the efforts of the HRA and Community Development
on the development of this project.
Item #16 CLAIMS AND PAYROLLS
M/Sandahl, S/Bullock that the following claims and payrolls
be approved:
RICHFIELD STATE BANK
Checks 15131-15240; 32086-32463 $1,702,975.62
FIRST MINNESOTA
Check 1135-1136 $ 20,000.00
FIRST WESTERN BANK
Checks 6731-6759 $ 853,146.79
Payroll 3/26 55894-55928; 56005-56315 $ 329,661.35
Payroll 4/9 55931-55968; 56321-56615 $ 333,454.72
Motion carried 4-0.
ADJOURNMENT
M/Bullock, S/Stokes to adjourn the meeting.
Motion carried 4-0.
The meeting was adjourned at 9:25 p.m.
Date Approved:
4/27/92
Thomas P. Ferber
City Clerk
Ci
D.
Mayor