11-09-1992CITY OF RICHFIELD, MINNESOTA
REGULAR CITY COUNCIL MEETING
November 9, 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; Mike Eastling,
City Engineer; 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/Stokes, S/Bullock to approve the minutes of the regular
City Council Meeting of October 26, 1992.
Motion carried 5-0.
Item #1 OPPORTUNITY FOR PERSONS TO ADDRESS THE CITY COUNCIL
ON ANY ITEM NOT LISTED ON THE AGENDA.
Winthrop Zochner, 6221 11th Avenue, spoke in opposition to
the moratorium on pawn shops and second hand goods type stores.
He explained the concept of a consignment auction house which he
sought to open in Richfield. He stated that consignment auction
houses are much different than pawn shops and should not be
included in the moratorium.
City Manager Prosser stated that the City Attorney would
review the consignment auction house issue as it relates to the
definition of businesses included or excluded from the moratorium
and provide information at the public hearing scheduled for
November 23.
Jean Fox, 6616 Sheridan Avenue, invited the public to the
Richfield Foundation Benefit Show scheduled for Saturday,
November 21 at 7:00 p.m. at the Richfield High School.
Council Meeting Minutes
-2- November 9, 1992
Item #2 PRESENTATION OF PROCLAMATION DESIGNATING NOVEMBER 15-
21, 1992 AMERICAN EDUCATION WEEK IN RICHFIELD.
Council Member Ludeman read and presented a proclamation
designating November 15-21, 1992 as American Education Week in
Richfield to Eva Kiehl.
Item #3 PRESENTATION OF GENE JACOBSEN CITIZEN OF THE YEAR
PLAQUE FROM THE HUMAN RIGHTS COMMISSION. C.L. NO. 248
John Boyle, Chairperson of the Human Rights Commission,
presented a plaque listing all Gene Jacobsen Citizen of the Year
Award recipients to the City Council.
Council Member Bullock recognized Plaques Plus for donating
the plaque and the Human Rights Commission for initiating the
p~z°®j ec% .
Item #4 COUNCIL APPROVAL OF AGENDA
M/Ludeman, S/Stokes to approve the agenda.
Motion carried 5-0.
Item #4 CONSENT CALENDAR
5A. APPROVED RESOLUTION ESTABLISHING JUST COMPENSATION AND
AUTHORIZING PURCHASE OF 7644 12TH AND 7645 15TH AVENUES FOR
77TH STREET PROJECT C.L. 249
RESOLUTION NO. 7925
RESOLUTION ESTABLISHING JUST COMPENSATION,
AUTHORIZING PURCHASE OF REAL PROPERTY
This resolution appears as Resolution No. 7925 in Resolution
Book No. 61.
B. APPROVED RESOLUTIONS AUTHORIZING ENTRY FOR ENVIRONMENTAL
TESTING, TOTAL PETROLEUM AND RICHFIELD-BLOOMINGTON HONDA;
77TH STREET PROJECT C.L. 250
Council Meeting Minutes -3- November 9, 1992
RESOLUTION NO. 7926
RESOLUTION AUTHORIZING ENTRY FOR ENVIRONMENTAL TESTING
BEFORE EMINENT DOMAIN PROCEEDINGS
7645 LYNDALE AVENUE SOUTH
This resolution appears as Resolution No. 7926 in Resolution
Book No. 61.
RESOLUTION NO. 7927
RESOLUTION AUTHORIZING ENTRY FOR ENVIRONMENTAL TESTING
BEFORE EMINENT DOMAIN PROCEEDINGS
400 WEST 78TH STREET
This resolution appears as Resolution No. 7927 in Resolution
Book No. 61.
C. APPROVED RESOLUTION ESTABLISHING JUST COMPENSATION AND
AUTHORIZING PURCHASE OF 7645 LYNDALE AVENUE, TOTAL
PETROLEUM; 77TH STREET PROJECT C.L. 251
RESOLUTION NO. 7928
RESOLUTION ESTABLISHING JUST COMPENSATION,
AUTHORIZING PURCHASE OF REAL PROPERTY LOCATED AT
7645 LYNDALE
This resolution appears as Resolution No. 7928 in Resolution
Book No. 61.
D. APPROVED RESOLUTION AUTHORIZING CONDEMNATION PROCEEDINGS AND
ACQUISITION OF REAL PROPERTY, PHASE I; 77TH STREET PROJECT
C.L. 252
RESOLUTION NO. 7929
RESOLUTION AUTHORIZING CONDEMNATION PROCEEDINGS
AND ACQUISITION OF REAL PROPERTY
This resolution appears as Resolution No. 7929 in Resolution
Book No. 61.
E. APPROVED AWARD OF BIDS FOR SALE AND REMOVAL OF BUILDINGS
ADJACENT TO 77TH STREET; 77TH STREET PROJECT C.L. 253
F. APPROVED ESTIMATE #1 PAYMENT FOR RICH ACRES GOLF COURSE
FAIRWAY IRRIGATION UPGRADE; NORTHERN IRRIGATION SYSTEMS,
INC.; $41,532.57
G. APPROVED ESTIMATE #1 PAYMENT FOR CONSTRUCTION & INSTALLATION
OF MINIATURE GOLF COURSE; OLYMPIC POOLS, INC.; 5118,350.00
M/Ludeman, S/Sandahl to approve the consent calendar.
Motion carried 5-0.
Council Meeting Minutes
-4- November 9, 1992
Item #6 CONSIDERATION OF RESOLUTION DETERMINING RESULTS OF CITY
GENERAL ELECTION HELD ON TUESDAY, NOVEMBER 3, 1992
C.L. NO. 254
City Manager Prosser reviewed Council Letter No. 254
regarding consideration of a resolution to declare the results of
the City General Election held on Tuesday, November 3, 1992.
M/Ludeman, S/Bullock 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. 7930
RESOLUTION DETERMINING RESULTS OF THE GENERAL ELECTION
OF THE CITY OF RICHFIELD HELD ON TUESDAY, NOVEMBER 3, 1992
Motion carried 5-0. This resolution appears as Resolution
No. 7930 in Resolution Book No. 61.
Item #7 CONSIDERATION OF RESOLUTION SUPPORTING CONSTITUTIONAL
AMENDMENT TO CREATE NEW PROPERTY TAXPAYERS' TRUST FUND
IN MINNESOTA. C.L. N0. 255
City Manager Prosser reviewed Council Letter No. 255
regarding consideration of a resolution supporting a
constitutional amendment to create a new Property Taxpayers'
Trust Fund in Minnesota.
M/Ludeman, S/Stokes that the following resolution be
adopted; that it be spread in the resolution book and that it be
made mart of these minutes:
RESOLUTION NO. 7931
RESOLUTION CREATING A CONSTITUTIONAL AMENDMENT
TO CREATE A NEW PROPERTY TAXPAYERS°
TRUST FUND IN MINNESOTA
Motion carried 5-0. This resolution appears as Resolution
No. 7931 in Resolution Book No. 61.
Item #8 CONSIDERATION OF RESOLUTION TO AMEND LETTER OF
UNDERSTANDING BETWEEN CITY OF RICHFIELD AND CITY
MANAGER, ADJUSTING COMPENSATION. C.L. N0. 256
Mayor Kirsch stated that the City Council had met in
Executive Session at 6:00 p.m. to discuss the City Manager's
Council Meeting Minutes -5- November 9, 1992
evaluation and compensation. He stated Mr. Prosser would be
provided written results of the evaluation.
Council Member Ludeman stated that the City Council was
pleased with the City Manager's performance in meeting the goals
set for him and that the Council was recommending a total of a
3.5% increase in compensation, consisting of 1% increase in
salary and 2.5% increase in deferred compensation.
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. 7932
RESOLUTION AMENDING THE LETTER OF UNDERSTANDING BETWEEN
THE CITY OF RICHFIELD AND JAMES D. PROSSER, CITY MANAGER
Motion carried 5-0. This resolution appears as Resolution
No. 7932 in Resolution Book No. 61.
Item #9 CONSIDERATION OF APPEAL OF 77TH STREET DESIGN
PERTAINING TO MEDIAN BREAK AT FIFTH AVENUE AND 77TH
STREET. C.L. NO. 257
City Manager Prosser reviewed Council Letter No. 257
regarding the appeal by Franchise Associates, Inc, operator of
Arby's Restaurant at Fifth Avenue and 78th Street, of the design
of the 77th Street project.
Doug Kennedy, Vice President of Franchise Associates, Inc.,
reviewed concerns about the impact of the proposed 77th Street
design on Arby's Restaurant. He stated that based on their
studies, 75% of Arby's customers enter the property from either
78th Street on the west, or heading north on Portland, and
turning left onto the frontage road. Mr. Kennedy also stated
that MnDOT has indicated that as a part of the I-494 project
which could start as early as 1998, those customers who are
heading north on Portland will need to come to 77th Street to
reach the property. He stated requiring customers to head west
to Fourth Avenue and then to head south to the frontage road and
then to head east again to Arby's entrance, is a very circuitous
route. He also stated the frontage road that exists today will
be cut off by the MnDOT project at Fourth Avenue allowing no
traffic from the west as exists today. He said it is MnDOT's
current intention to close off the frontage road also at Portland
Avenue. This means all of their access in the future will come
from 77th Street. Mr. Kennedy said for a convenience driven
business like Arby's they are looking at minimally a 45%
reduction in their patronage. He asked for some relief by having
the City allow a median break on 77th Street at Fifth Avenue.
Mike Gorman, Barton-Aschman Associates, Inc., reviewed in
detail the Arby's/Bogen Access Analysis Report and the graphics
Council Meeting Minutes -6- November 9, 1992
including existing conditions, traffic volumes, pass-by trips,
proposed conditions, traffic projections and intersection
conclusions. He stated Arby's is requesting modifications to the
existing proposed plan to allow a median break on 77th Street at
Fifth Avenue. He reviewed detailed plans of such an access. Mr.
Gorman also stated Arby's is pursuing with MnDOT other options to
the Portland Avenue/494 intersection which would maintain some
access to 78th Street. He asked that the Council direct staff to
work with them toward these solutions.
Tony Hepplemam, BRW Inc., reviewed the design criteria for
the 77th Street Project. He stated the project criteria provided
for safety and mobility of the traffic volumes. He noted that
the 77th Street Project was itself not a major impact to Arby's
since less than 5~ of their traffic comes from 77th Street;
however, the MnDOT decision regarding 78th Street will have a
major impact. Mr. Heppleman reviewed the operational and safety
aspects of the 77th Street and Fifth Avenue intersection design
with and without the median break. He stated that the left turn
lane at Fifth Avenue proposed by Arby's would require additional
right-of-way acquisition from the park. This acquisition would
have to be approved by the Department of the Interior which may
delay the project six months - one year. Mr. rieppleman discussed
the impact on the intersection level of service related to the
potential of adding a right turn lane on eastbound 77th Street at
Portland Avenue.
Council Member Ludeman stated that he believed a right turn
lane was necessary on eastbound 77th Street at Portland Avenue.
He stated support for a left turn lane and median break on 77th
Street at Fifth Avenue to provide access to existing businesses
so they remain viable.
Council Member Sandahl stated concern about possible delay
of project, and the precedent set by altering the design criteria
for one business.
City Manager Prosser suggested that because the major impact
of the 494/Portland design is yet to be determined and that MnDOT
is responsible to mitigate this impact on Arby's, that the
project proceed as designed. The situation would be monitored
and an analysis could be made of how the design functions and
what, if any design changes would be appropriate. MnDOT would be
responsible for changes but the City Council would have to
approve the design.
Council Member Ludeman suggested that the left turn lane
could be built now, monitored for safety, and then closed later
if necessary. He also stated that a right turn lane should be
seriously considered for eastbound 77th Street.
Community Services Director Fondrick stated that a right
turn lane would require additional right-of-way acquisition from
the south side of 77th Street. He stated that the project had
been designed with the understanding that the Council preferred
all right-of-way acquisition be made from the north side.
Council Meeting Minutes
[]
City Manager Prosser stated
for the right turn lane could be
prudent not to just spring it on
been reviewed with the impacted
-7- November 9, 1992
the acquisition of right-of-way
evaluated, but it would be
the business now before it has
property owner.
M/Ludeman, S/Bullock that staff and BRW evaluate the design
to construct ricrht turn lanes on 77th Street eastbound at
Portland Avenue intersection, and on 77th Street eastbound at
Lvndale Avenue intersection and that BRW and staff work with
Barton-Aschman Associates, Inc. to design the installation of a
left turn lane on westbound 77th Street onto southbound Fifth
Avenue.
Motion failed 2-3. (Aye: Ludeman, Bullock; Nay: Sandahl,
Stokes, Kirsch)
M/Sandahl, S/Stokes to affirm the 77th Street design as
recommended by City staff without a median break at Fifth Avenue
and 77th Street and; that prior to approval of the MnDOT final
design of the 494/Portland Avenue intersection an evaluation and
review of the traffic data and experience be made regarding the
77th Street/Fifth Avenue intersection design and its impact.
Motion carried 3-2. (Bullock and Ludeman opposed.)
1
M/Sandahl, S/Bullock that the need for right turn lanes at
appropriate intersections on 77th Street be evaluated to
determine•
1) Cost/benefit analysis,
2) Traffic flow impact
and that this information be provided to the__City
Council for review.
Motion carried 5-0.
Item #10 AIRPORT STATUS REPORT
City Manager Prosser reviewed the following airport issues:
• The status of sound insulation funding for schools.
• The status of the New Ford Town/Rich Acres buyout.
• The MAC meeting scheduled for November 12 at 9:00 a.m. to
discuss noise issues.
Council Member Stokes stated that MAC has scheduled a public
meeting on November 30 at the Thunderbird Motel to discuss the
noise ordinance issue.
Item #11 LEGISLATIVE REPORT
Council Meeting Minutes -8- November 9, 1992
City Manager Prosser stated that work has begun in
identifying the Richfield legislative initiative issues.
Item #12 COUNCIL DISCUSSION ITEMS
Council Member Sandahl stated that the Mayor and himself had
participated with staff in the interviews for City Auditor. He
thanked staff for their work in this process.
Item #13 CLAIMS AND PAYROLLS
M/Ludeman, S/Stokes that the following claims and payrolls
be approved:
RICHFIELD BANK & TRUST CO.
Checks: 16026-16®80; 86®86-86834
NORWEST BANK
Check: 1158
FIRSTAR BANK
Checks: 7085-7105
Checks: 61500-16534; 62640-62949
Motion carried 5-0.
ADJOURNMENT
X1,808,441.89
$ 7,000.00
$ 759,676.63
$ 355,135.66
M/Ludeman, S/Stokes to adjourn the meeting.
Motion carried 5-0.
The meeting was adjourned at 8:47 p.m.
Date Approved:
11/23/92
~~~CbO ~~
Thomas P. Ferber
City Clerk
~D. Prosser
Manager
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