04-27-1992CITY OF RICHFIELD, MINNESOTA
REGULAR CITY COUNCIL MEETING
April 27, 1992
MEMBERS PRESENT: Martin Kirsch, Mayor; Ivan Ludeman; Michael
Sandahl; Kristal Stokes; and 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; Betsy
Christensen, Health Administrator; 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/Stokes to a~Arove the minutes of the regular
City Council Meeting of April 13, 1992.
Motion carried 5-0.
Item #1 OPPORTUNITY FOR PERSONS TO ADDRESS THE CITY COUNCIL
ON ANY ITEM NOT LISTED ON THE AGENDA.
Jeff Erickson, owner of Sandy's Tavern, requested that the
City Council consider an ordinance change to allow the sale of
pull tabs in establishments such as Sandy's.
City Manager Prosser stated that staff would provide further
information to the City Council regarding off premise charitable
gambling and potential ordinance changes for their consideration.
Bill Bennett, 4170 Merle Avenue, President of the Minnesota
Little Gophers organization, stated support for changing the
ordinance to allow off premise pull tab operations. He reviewed
the purpose of the Minnesota Little Gophers organization, stating
that they had a lease with Ground Round to sell pull tabs if the
ordinance is changed. Mr. Bennett stated he was an attorney and
questioned-the legality of the restrictions in the Richfield
ordinance.
Council Meeting Minutes -2- April 27, 1992
Item #2 PRESENTATION OF PROCLAMATION DESIGNATING MAY 9, 1992
U.S. PROFESSIONAL TENNIS ASSOCIATION'S ACROSS AMERICA
TENNIS DAY IN RICHFIELD.
Council Member Sandahl read and presented a proclamation
designating May 9, 1992 as U.S. Professional Tennis Association's
Across America Tennis Day in Richfield to Recreation Manager
Frank White.
Item #3 PRESENTATION OF PROCLAMATION DESIGNATING MAY 2, 1992 AS
NATIONAL DRINKING WATER DAY AND MAY 3-9, 1992 AS
NATIONAL DRINKING WATER WEEK IN RICHFIELD. C.L. N0. 92
Council Member Bullock read and presented a proclamation
designating May 2, 1992 as National Drinking Water Day and May 3-
9, 1992 as National Drinking Water Week in Richfield to Community
Se~cvices Director ~'ondrick.
Community Services Director Fondrick invited the community
to an open house at the water plant on Saturday, May 2, from 9:00
a.m. to 3:00 p.m.
Item #4 COUNCIL APPROVAL OF AGENDA
Mayor Kirsch stated that the agenda would be amended to
remove from the Consent Calendar Item #5F."Consideration of
Approval of Application for Commercial Adult-Oriented Service
(Massage) License for Karen Avery dba Kreative Hair Company, 6625
Lyndale Avenue, C.L. 98" and place it on the regular agenda as
Item #6B.
M/Sandahl, S/Stokes to approve the agenda as amended.
Motion carried 5-0.
Item #5 CONSENT CALENDAR
5A. APPROVED RESOLUTION AUTHORIZING SUBMITTAL OF PRELIMINARY
RIGHT-OF-WAY ACQUISITION LOAN FUND APPLICATION FOR PURCHASE
OF PROPERTY AT 7644 GRAND AVENUE C.L. 93
Council Meeting Minutes -3- April 27, 1992
RESOLUTION NO. 7865
RESOLUTION AUTHORIZING LOAN APPLICATION
FOR ACQUISITION OF 77TH STREET RIGHT-OF-WAY
7644 GRAND AVENUE
This resolution appears as Resolution No. 7865 in Resolution
Book No. 61.
B. APPROVED RESOLUTION ADOPTING POLICY DIRECTING CONSTRUCTION OF
PEDESTRIAN/HANDICAPPED RAMPS AT ALL CROSSWALKS WITHIN CITY AS
REQUIRED BY AMERICANS WITH DISABILITIES ACT C.L. 94
RESOLUTION NO. 7866
RESOLUTION ADOPTING A POLICY DIRECTING THE CONSTRUCTION OF
PEDESTRIAN/HANDICAPPED RAMPS AT ALL CROSSWALKS
WITHIN THE CITY OF RICHFIELD, MINNESOTA
This resolution appears as Resolution No. 7866 in Resolution
Book No. 61.
C. APPROVED BID MINUTES/TABULATION FOR SITE REDEVELOPMENT AT
JEFFERSON PARK: AWARD OF CONTRACT, INCLUDING BASE BID AND
ALTERNATES 1, 2, 3, 5 AND 6 TO VEIT CONSTRUCTION COMPANY FOR
AN AMOUNT OF $152,660 C.L. 95
D. APPROVED BID MINUTES/TABULATION FOR BUILDING CONSTRUCTION AT
JEFFERSON PARK: AWARD OF CONTRACT, INCLUDING BASE BID AND
ALTERNATE 4 TO FIELD COMPANY FOR AN AMOUNT OF $160,755 C.L.
96
E. APPROVED BID MINUTES/TABULATION AND AWARD OF 1992 SIDEWALK
CURB AND GUTTER REPAIR PROJECT TO RYAN CONTRACTING, INC. FOR
AN AMOUNT OF $20,774.90 C.L. 97
F. Removed from the Consent Calendar and placed on the regular
agenda as Item #6B.
G. APPROVED APPLICATION OF MARILYN STABER FOR RESIDENTIAL KENNEL
LICENSE, 7544 SECOND AVENUE, 4 DOGS AND 1 CAT C.L. 99
M/Sandahl, S/Ludeman to approve the consent calendar as
amended.
Motion carried 5-0.
Council Meeting Minutes -4- April 27, 1992
Item #6 PUBLIC HEARING AND CONSIDERATION OF RESOLUTION
APPROVING FINAL PLAT OF RICHFIELD BANK ADDITION AT
6625 LYNDALE AVENUE. C.L. NO. 100
City Manager Prosser reviewed Council Letter No. 100
regarding the request of Richfield State Agency for final plat
approval of the Richfield Bank Addition at 6625 Lyndale Avenue.
Jan Susee, representing Richfield State Agency, spoke in
support of approval of the final plat.
M/Bullock, S/Ludeman to close the public hearing.
Motion carried 5-0.
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 N®. 7867
RESOLUTION APPROVING FINAL PLAT OF LAND (RICHFIELD BANK ADDITION)
Motion carried 5-0. This resolution appears as Resolution
7867 in Resolution Book No. 61.
Item #6B CONSIDERATION OF APPROVAL OF APPLICATION FOR COMMERCIAL
ADULT-ORIENTED SERVICE (MASSAGE) LICENSE FOR KAREN
AVERY, DBA KREATIVE HAIR COMPANY, 6625 LYNDALE AVENUE
C.L. N0. 98
City Manager Prosser reviewed Council Letter No. 98
regarding the request of Karen Ann Avery, dba Kreative Hair
Company, located at 6625 Lyndale Avenue for a commercial adult-
oriented service license for the purpose of offering therapeutic
massage services to her clients.
Public Safety Director Erskine reviewed the Public Safety
background investigation of Ms. Avery and the three individuals
who will be conducting the therapeutic massages. He stated all
necessary ordinance requirements have been met to issue the
licenses.
Karen Ann Avery, owner of Kreative Hair Company, spoke in
support of granting the license.
Council Meeting Minutes -5- April 27, 1992
Lawrence Wozniczka, 6744 Wentworth Avenue, questioned why
this business was called a commercial adult oriented service.
City Attorney Dean stated that the ordinance governing
massage licenses utilized this terminology.
M/Sandahl, S/Stokes to close the public hearing.
Motion carried 5-0.
Council Member Ludeman asked questions regarding enforcement
and the issuance of licenses under this ordinance.
City Attorney Dean reviewed the utilization and enforcement
aspects of the ordinance.
Council Member Stokes asked about the status of a license if
there is a change in employees.
City Attorney Dean stated that each new employee must apply
far and receive a certificate.
M/Sandahl, S/Ludeman to approve the issuance of a 1992
commercial adult oriented service (massage) license to Ms. Karen
Ann Aver~r, dba Kreative Hair Company 6625 Lyndale Avenue, and to
approve the issuance of 1992 massage certificates to the
following three individuals:
Chet Van Blaircum Theresa Jacobson Lyla Lerseth
The licenses and certificates expire December 31, 1992. --~
Motion carried 5-0.
Item #7 CONSIDERATION OF AWARD OF CONTRACT FOR PROFESSIONAL
ENGINEERING SERVICES FOR 77TH STREET PROJECT TO THE
TEAM OF BRW, INC. AND ORR, SCHELEN, MAYERON &
ASSOCIATES, C.L. NO. 101
City Manager Prosser reviewed Council Letter No. 101
regarding the award of contract for professional engineering
services for the 77th Street Reconstruction Project.
M/Bullock, S/Sandahl to authorize the Mayor and City Manager
to enter into an agreement with BRW, Inc. and Orr, Schelen,
Ma~eron & Associates in the estimated amount of $1,279,420 to
provide the City with professional engineering services for the
77th Street Reconstruction Project from I35W to 24th Avenue.
Motion carried 5-0.
Council Meeting Minutes -6- April 27, 1992
Item #8 CONSIDERATION OF RETAINING PROFESSIONAL SERVICES FOR
LAND ASSEMBLY ACTIVITIES RELATED TO 77TH STREET
PROJECT. C.L. NO. 10Z
City Manager Prosser reviewed Council Letter No. 102
regarding the provision of consultant professional services for
land assembly activities related to the 77th Street Project.
Council Member Ludeman asked that an overall project cost
and detail summarized information be provided to the Council for
reference. He also noted that the local funding portion for this
project is provided by Richfield's Municipal State Aid (MSA) gas
tax allocation and not property tax dollars.
M/Sandahl, S/Ludeman to approve retaining the following to
provide professional services for land assembly activities
related to the 77th Street Project:
* BCL Appraisals, Inc. St. Anthony Main, Minnesota, for
appraisal of commercial and residential property in Phase I
of the 77th Street Project in an amount not to exceed
530,000.
* Mr. Donald Hennessy, Review Appraiser, Robbinsdale,
Minnesota, for review of residential and commercial
appraisal reports in an amount not to exceed 510,000.
* Conworth Inc. St. Louis Park, Minnesota, for relocation
services for Phase I in an amount not to exceed $20,000.
* Holmes and Graven, Minneapolis, Minnesota, to serve as legal
counsel to both the City and HRA in an amount not to exceed
520,000.
Motion carried 5-0.
Item #9 CONSIDERATION OF APPOINTMENTS TO CITY'S
BOARDS/COMMISSIONS. C.L. NO. 103
M/Bullock, S/Ludeman to approve the following appointments:
NAME COMMISSION/BOARD TERM EXPIRES
Mary Jane Markkula Advisory Board of Health Jan. 31, 1995
Mary Ann Dietl Sister City Commission Jan. 31, 1995
Seema Gundgovi (student) Sister City Commission Jan. 31. 1993
John Sandahl (student) Sister City Commission Jan. 31, 1993
Briana MacPhee (student) Human Rights Commission Jan. 31, 1993
Motion carried 5-0.
Council Meeting Minutes -7- April 27, 1992
Item #10 CONSIDERATION OF AUTHORIZATION TO CONTINUE RICHFIELD
REDISCOVERED (FORMERLY EXPANDED NEW HOME PROGRAM).
C.L. NO. 104
City Manager Prosser reviewed Council Letter No. 104
regarding the proposed continuation of the Richfield Rediscovered
Program.
Mayor Kirsch asked if remodeling permits were increasing in
the neighborhoods near Richfield Rediscovered projects.
City Manager Prosser stated that residents indicate that
remodeling activities have increased in areas near the projects.
Council Member Bullock reviewed the positive impact the
program has had on his neighborhood. He stated that this was a
valuable program in providing housing options in the City.
Council Member Ludeman stated that he supported the program
but had some reservations about the funding being drawn from the
water and sewer utilities and the LHN T.I.F. He stated that the
Council will need to look at the long term infrastructure needs
and maintain substantial utility fund balances.
M/Sandahl, S/Bullock to authorize staff to take those
actions necessary to continue the Richfield Rediscovered Program
by making $500,000 available in equal amounts from the water,
sewer, and the LHN funds.
Motion carried 5-0.
Item #11 CONSIDERATION OF APPROVAL OF WORKERS' COMPENSATION
STIPULATION FOR SETTLEMENT. C.L. N0. 105
City Manager Prosser reviewed Council Letter No. 105
regarding a proposed workers compensation stipulation for
settlement.
M/Sandahl, S/Ludeman to apt~rove execution of the stipulation
for settlement of the workers compensation claim of the Equipment
OAerator III as outlined in Council Letter No. 105.
Motion carried 5-0.
Council Meeting Minutes -8- April 27, 1992
Item #12 AIRPORT STATUS REPORT
City Manager Prosser reviewed the following updates:
* The Neighborhood Residents Committee met with Nigel Finney of
MAC. Mr. Finney indicated that no F.A.A. funds were available
for the buyout in 1992 but funds may be available in 1993.
Concerns were expressed that the MAC would not approve the
expenditure even if the funds were available. Citizens were
encouraged to contact MAC members.
* The next MAC Planning and Environment Meeting is May 5.
* Legislation has been enacted to provide additional funding
for noise mitigation from Passenger Facility Charges (PFC).
* The deadline for comments on the Runway 4-22 Extension Draft
EIS is May 1.
Mayor kirsch commented on the newsletter being distributed
by the Neighborhood Residents Committee.
Item #13 LEGISLATIVE REPORT
City Manager Prosser stated that the legislature had
approved a bill to balance the state budget which will impact the
City as follows:
* $30,000 reduction in LGA
* The City will be required to pay 6.5~r sales tax on
purchases. The estimated cost of this for the City is
estimated to be $200,000 - $350,000.
Item #14 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 until April 30.
* 135W Draft Environment Impact Statement Public Hearing
Thursday May 14, 1992 at Richfield High School 7:00 P.M.
Council Meeting Minutes -9- April 27, 1992
Mayor Kirsch discussed the following items:
* City Council Study Sessions which are held on the first
Monday of each month will from now on begin at 7:00.
* The Richfield Water Plant will hold an open house on
Saturday, May 2 from 9:00 - 3:00.
* The grand opening of the new park building at Veterans
Memorial Park will be celebrated with an open house on
Monday, May 4 from 4:00 - 8:30.
Council Member Ludeman stated he had discussed with staff
the problem of standing water in the play area at Veterans
Memorial Park.
Item #15 CLAIMS AND PAYROLLS
M/Ludeman, S/Sandahl that the following claims and payrolls
be approved•
RICHFIELD STATE HANK
Checks 15241-15285; 32469-32725 $ 909,205.94
FIRST MINNESOTA
Check 1137 $ 11,000.00
FIRST WESTERN BANK
Checks 6760-6783 $ 510,990.68
Payroll 55976-56000; 56089-56096; $ 340,092.28
56656-56955
Motion carried 5-0.
ADJOURNMENT
M/Bullock, S/Ludeman to adjourn the meeting.
Motion carried 5-0.
The meeting was adjourned at 8:07 p.m.
Date Approved:
5/11/92
a
/~~, ~!a ~ in J . sch Mayor
Y' ~y ~-~ ~~~~i~
Thomas P. Ferber ame D. Prosser
City Clerk Cif Manager