08-10-1992CITY OF RICHFIELD, MINNESOTA
REGULAR CITY COUNCIL MEETING
August 10, 1992
MEMBERS PRESENT: Martin Kirsch, Mayor; Ivan Ludeman; Michael
Sandahl; Kristal Stokes; and William Bullock.
STAFF PRESENT: Steven Devich, Acting City Manager; Thomas
Ferber, City Clerk; Donald Fondrick,
Community Services Director; Byron Wallace,
Community Development Director; Jack Erskine,
Public Safety 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/Bullock, S/Stokes to approve the minutes of the regular
City Council Meeting of July 27, 1992; and the minutes of the
City Council Study Session of August 3, 1992.
Motion carried 5-0.
Item #1 OPPORTUNITY FOR PERSONS TO ADDRESS THE CITY COUNCIL
ON ANY ITEM NOT LISTED ON THE AGENDA.
Richard Ziemer, 6229 Xerxes Avenue, reviewed concerns
regarding traffic conditions on Xerxes Avenue between 62nd Street
and 65th Street. Mr. Ziemer submitted a petition (Clerk's File
No. C-335) from area property owners suggesting solutions to
alleviate the problems. He suggested a neighborhood meeting with
Hennepin County, Edina, and Richfield officials be scheduled to
discuss these issues.
It was the direction of the City Council that staff respond
to Mr. Ziemer's request and provide the City Council with copies
of the correspondence from Hennepin County regarding Mr. Ziemer's
concerns.
Council Meeting Minutes -2- August 10, 1992
Item #2 COUNCIL APPROVAL OF AGENDA
M/Stokes, S/Bullock to approve the agenda.
Motion carried 5-0.
Ytem #3 CONSENT CALENDAR
Council Member Bullock requested that Item 3J. be removed
from the Consent Calendar and placed on the regular agenda for
consideration.
Mayor Kirsch directed that "ESTIMATE #5 AND FINAL PAYMENT
FOR STORM SEWER IMPROVEMENT AT 69TH AND XERXES AVENUE; S.M.
HENTGES & SONS, INC.; $80,782.06" be removed from the Consent
Calendar and placed on the regular agenda as Item 7A.
3A. APPROVED RESOLUTION AUTHORIZING EXECUTION OF 1992 URBAN
HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
SUBRECIPIENT AGREEMENT C.L. 187
RESOLUTION N0. 7903
RESOLUTION AUTHORIZING MAYOR AND CITY MANAGER TO EXECUTE
SUBRECIPIENT AGREEMENT WITH HENNEPIN COUNTY FOR THE
URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM
This resolution appears as Resolution No. 7903 in Resolution
Book No. 61.
B. APPROVED RESOLUTION ESTABLISHING JUST COMPENSATION AND
AUTHORIZING PURCHASE OF PROPERTIES FOR 77TH STREET PROJECT
C.L. 188
RESOLUTION NO. 7904
RESOLUTION ESTABLISHING JUST COMPENSATION,
AUTHORIZING PURCHASE OF REAL PROPERTY
This resolution appears as Resolution No. 7904 in Resolution
Book No. 61.
C. APPROVED RESOLUTION APPROVING ADDITIONAL EXPENDITURE OF
520,000 FROM RICHFIELD'S MUNICIPAL STATE AID CONSTRUCTION
ACCOUNT FOR NICOLLET AVENUE OVERLAY C.L. 189
Council Meeting Minutes -3- August 10, 1992
RESOLUTION NO. 7905
RESOLUTION AUTHORIZING EXPENDITURE OF AN ADDITIONAL $20,000
OF RICHFIELD'S MUNICIPAL STATE AID CONSTRUCTION MONIES
TO OFFSET CERTAIN EXPENSES IN CONJUNCTION WITH
THE RESURFACING OF NICOLLET AVENUE
This resolution appears as Resolution No. 7905 in Resolution
Book No. 61.
D. APPROVED RESOLUTION PROVIDING POLLING PLACES AND DESIGNATING
ELECTION JUDGES FOR SEPTEMBER 15, 1992 STATE PRIMARY ELECTION
C.L. 190
RESOLUTION NO. 7906
RESOLUTION PROVIDING FOR POLLING PLACES
AND DESIGNATING JUDGES FOR THE STATE PRIMARY ELECTION
OF SEPTEMBER 15, 1992
This resolution appears as Resolution No. 7906 in Resolution
Hook No. 61.
E. APPROVED RESOLUTION AUTHORIZING RENEWAL OF LEASE OF CITY
PROPERTY FOR MOBILE HOME PARK TO THOMAS E. PRICE C.L. 191
RESOLUTION NO. 7907
RESOLUTION AUTHORIZING LEASE OF CITY PROPERTY
TO THOMAS E. PRICE
This resolution appears as Resolution No. 7907 in Resolution
Book No. 61.
F. APPROVED PURCHASE IN EXCESS OF $5,000 FOR TWO SUBMERSIBLE
PUMPS FOR NEW LIFT STATION FROM TECHNIFLOW CORPORATION IN THE
AMOUNT OF $6,700 PLUS TAX FOR TOTAL OF $7,140 C.L. 192
G. APPROVED REQUEST BY CHURCH OF ST. PETER FOR ITINERANT PLACE
OF AMUSEMENT LICENSE WITH FEE WAIVER FOR 1992 FALL FESTIVAL
ON SEPTEMBER 12 AND 13, 1992 C.L. 193
H. APPROVED APPLICATION FOR RENEWAL OF RESIDENTIAL KENNEL
LICENSE, 6633 15TH AVENUE, 2 DOGS AND 4 CATS C.L. 194
I. APPROVED APPLICATION FOR NEW RESIDENTIAL KENNEL LICENSE, 7400
PILLSBURY AVENUE, 3 CATS C.L. 195
J. Removed from the Consent Calendar to be considered on the
regular agenda as Item 7A.
K. APPROVED ESTIMATE #2 PAYMENT FOR PARK BUILDING AT JEFFERSON
PARK; C.O. FIELD COMPANY; $19,307.00
Council Meeting Minutes -4- August 10, 1992
M/Ludeman, S/Bullock to aporove the consent calendar as
amended.
Motion carried 5-0.
Item #4 FIRST READING CONSIDERATION OF AMENDMENT TO APPENDIX I
OF CITY ZONING CODE, REZONING PROPERTY AT 521 WEST 64TH
STREET FROM R-RESIDENTIAL TO C-2 (GENERAL COMMERCIAL)
C.L. NO. 196
Acting City Manager Devich reviewed Council Letter No. 196
regarding consideration of First Reading of a proposed amendment
to the City Zoning Code, rezoning the property at 521 West 64th
Street from R-Residential to C-2 (General Commercial) to allow a
parking expansion for Woodlake Plaza Shopping Center.
Council Member Ludeman asked whether access would be
maintained to the back of the shopping center for fire equipment.
Public
Chief Sutter
review this
Council at S
Safety Director Erskine stated
had reviewed the
issue further and
econd Reading.
proposal. He
provide more
that Assistant Fire
indicated staff will
information to the
M/Ludeman, S/Sandahl that this constitute the First Reading
of this ordinance amendment to Appendix I; and that the Public
Hearing and Second Reading of the ordinance be scheduled for the
September 14 1992 City Council Meeting.
Motion carried 5-0.
Item #5 PUBLIC HEARING REGARDING REQUEST FOR NEW 1992 ON-SALE
AND SUNDAY LIQUOR LICENSE FOR PAISAN INCORPORATED D/B/A
KHAN'S MONGOLIAN BARBECUE, 500 EAST 78TH STREET.
C.L. NO. 197
Acting City Manager Devich reviewed Council Letter No. 197
regarding a request for a new On-Sale and Sunday Liquor License
for Paisan Incorporated d/b/a Khan's Mongolian Barbeque, 500 East
78th Street.
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Council Member Ludeman stated concern about how the
applicant would control potential problems in the parking area.
Council Meeting Minutes -5- August 10, 1992
Mitchal W. Law, 1395 Arden Oaks Drive, reviewed the
restaurant concept indicating only 9-12$ of sales would be in the
liquor category. He stated the bar had only 6 seats, that all
servers would receive alcohol awareness training, and that he has
had no problems at his other two restaurants. Mr. Law stated he
stresses the food concept of the restaurant.
Public Safety Director Erskine stated that the license
approval would be subject to the conditions of Resolution No.
7380 which governs conduct of liquor license establishments.
Discussion followed regarding the community standards for
liquor establishments and their relationship to Public Safety
issues.
M/Bullock, S/Sandahl to close the public hearing.
Motion carried 5-0.
M/Bullock, S/Sandahl to approve the granting of a 1992 On-
Sale and Sunday Liquor Licenses to Paisan Incorporated d/b/a
Khan's Mongolian Barbecue, 500 East 78th Street, subject to the
conditions of Resolution No. 7380.
Motion carried 4-1. (Ludeman opposed)
Item #6 CONSIDERATION OF REJECTION OF BID RECEIVED JULY 28,
1992 FOR CONSTRUCTION AND INSTALLATION OF MINIATURE
GOLF COURSE AT VETERANS MEMORIAL PARK OF RICHFIELD AND
AUTHORIZATION FOR READVERTISEMENT FOR BIDS. C.L.NO. 198
Acting City Manager Devich reviewed Council Letter No. 198
recommending that the City Council reject the bid received for
construction and installation of a miniature golf course at
Veterans Memorial Park of Richfield and authorize staff to
readvertise for bids.
M/Ludeman, S/Sandahl to accept the bid minutes/tabulation of
the bid opening of July 28, 1992 for the constructon_and
installation of a miniature golf course at Veterans Memorial Park
of Richfield; reject the one bid received from Global
Specialities Contractors; and, to authorize the readv_ertisement
for bids for this project.
Motion carried 5-0.
Council Meeting Minutes -6- August 10, 1992
Item #7 CONSIDERATION OF APPOINTMENT TO SISTER CITY COMMISSION
C.L. NO. 199
M/Sandahl, S/Bullock to approve the appointment of Charles
E Bankey to the Sister City Commission to fill a vacancy for a
term that expires January, 1993.
Motion carried 5-0.
Mayor Kirsch stated that the Sister City Commission will be
hosting a delegation from Richfield's Sister City Heredia, Costa
Rica, September 9-16.
Item #7A ESTIMATE #5 AND FINAL PAYMENT FOR STORM SEWER
IIYIP~3®~FE~1~NT AT 6~ JTFT ATiY' D ~1~1@3~lES 1AVF~f~dE; S . M . ~, E~lTCES~
SONS, INC. $80,782.06
Council Member Bullock reviewed the concerns expressed to
him by some property owners in the area regarding unsatisfactory
cleanup by the contractor such as rocks on lawns. He suggested
that this be resolved before paying the contractor.
Community Services Director Fondrick stated that the
contractor had satisfactorily completed all items on the punch
list and the area looked good now.
City Attorney Dean suggested that a portion of the payment
could be retained until the issue has been resolved.
Community Services Director Fondrick indicated staff could
meet with the property owners and the contractor, as suggested by
the Council.
M/Ludeman, S/Bullock to withhold 55,000 of the 580,782.06
~avment to S.M.Hentges & Sons, Inc. and that staff meet with the
neighbors and resolve these issues prior to final payment of the
55,000 retainage.
Motion carried 4-1. (Stokes opposed)
'~
Council Meeting Minutes -7- August 10, 1992
Item #S AIRPORT STATUS REPORT
Acting City Manager Devich reviewed the status of the
following airport issues:
• DRAFT EIS COMMENTS FOR PROPOSED EXTENSION OF RUNWAY 4-22
• OFF SITE SOUND MITIGATION FUNDING
• NEW FORD TOWN/RICH ACRES NEIGHBORHOOD COMMITTEE MEETING
WITH NIGEL FINNEY OF MAC
Item #9 LEGISLATIVE REPORT
None
Item #10 COUNCIL DISCUSSION ITEMS
Council Member Stokes recognized the work of the Richfield
Historical Society in conducting their Ice Cream Social event.
Item #11 CLAIMS AND PAYROLLS
M/Stokes, S/Ludeman that the following claims and payrolls
be approved:
RICHFIELD BANK & TRUST CO.
Checks 15647-15693; 34428-34716 $1,172,910.91
NORWEST BANK
Checks 1148-1149 $ 18,000.00
FIRSTAR BANK
Checks 6933-6952 $ 254,972.46
Checks 57877-57901; 59621-60064 S 393,876.69
Motion carried 5-0.
Council Meeting Minutes
ADJOURNMENT
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M/Bullock, S/Stokes to adjourn the meeting.
Motion carried 5-0.
The meeting was adjourned at 8:03 p.m.
Date Approved:
8/24/92
Thomas P. Ferber
City Clerk
August 10, 1992
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Acting City Manager