08-22-1994CITY OF RICHFIELD, MINNESOTA
REGULAR CITY COUNCIL MEETING
August 22, 1994
MEMBERS PRESENT: Martin Kirsch, Mayor; Susan Rosenberg; Russ
Susag; and Don Priebe.
MEMBERS NOT
PRESENT: Michael Sandahl
STAFF PRESENT: James Prosser, City Manager; Steven Devich,
Administrative Services Director; Thomas
Ferber, City Clerk; Donald Fondrick,_
Community Services Director; Byron Wallace,
Community Development Director; Jack Erskine,
Public Safety Director; William Fillmore,
Liquor Operations Director; and Corrine
Heine, Assistant 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/Susag, S/Priebe to approve the minutes of the regular City
Council Meeting of August 8, 1994.
Motion carried 4-0.
Item #1 OPPORTUNITY FOR PERSONS TO ADDRESS THE CITY COUNCIL
ON ANY ITEM NOT LISTED ON THE AGENDA.
John Schlegel, 7544 Clinton Avenue, stated concerns about
Richfield's housing inspection program saying it was communistic
and socialistic.
Ron Glaub, 7209 12th Avenue, spoke in favor of
clarifications to the residential kennel license ordinance
related to definition and notification procedures. He also
suggested a prorata cost deduction for residential kennel license
holders who do not generate complaints. Mr. Glaub also requested
he be given the opportunity to show a video tape regarding the
AKC Canine Good Citizen Program to the City Council at a future
Study Session meeting.
Council Meeting Minutes -2- August 22, 1994
Item #2 PRESENTATION OF PROCLAMATION HONORING FORMER
METROPOLITAN COUNCIL MEMBER SONDRA SIMONSON.
Council Member Susag read and presented a proclamation to
Sondra Simonson honoring her for community service to Richfield
as a member of the Metropolitan Council.
Item #3 PRESENTATION OF CERTIFICATE OF APPRECIATION TO NEL
JOHNSON, COORDINATOR OF RICHFIELD CO-OP SUMMER SCHOOL.
Mayor Kirsch read and presented a Certificate of
Appreciation to Nel Johnson, Coordinator of the Richfield
Cooperative Summer School, for her volunteer work in initiating
and operating the Richfield Cooperative Summer School Program.
Nel Johnson reviewed the educational philosophy and programs
of the Richfield Cooperative Summer School. She acknowledged the
various businesses and organizations who contributed to the
program. She then introduced the program volunteers and siuden-~s
who were present.
Item #4 PRESENTATION BY RICHFIELD ADVISORY BOARD OF HEALTH
CONCERNING RECOGNITION OF RICHFIELD RESTAURANTS THAT
ARE SMOKE-FREE. C.L. NO. 235
Mary Jane Markkula and Chris McHan, members of the Richfield
Advisory Board of Health, reviewed the "Smoke Free°' restaurant
recognition program being initiated by the Advisory Board of
Health.
M/Susag, S/Kirsch to accept congratulate and acknowledge
the initiative of the Richfield Advisory Board of Health in
starting the "Smoke Free" restaurant recognition program.
Motion carried 4-0.
Item #5 COUNCIL APPROVAL OF AGENDA
Council Member Susag requested that Consent Calendar Item
6D: "Consideration of Approval of Bid Minutes/Tabulation and
Award of Contract to Advanced Concrete; Inc. for 1994
Installation of Concrete Pedestrian Ramps in the amount of
$19,360", be removed from the consent calendar and placed on the
regular agenda after Item #8.
Council Meeting Minutes -3- August 22, 1994
Mayor Kirsch stated that Consent Calendar Item #6D would be
removed from the Consent Calendar and placed on the regular
agenda for consideration as Item #8A.
M/Susag, S/Priebe to approve the agenda as amended.
Motion carried 4-0.
Item #4 CONSENT CALENDAR
6A. APPROVED PURCHASE AND INSTALLATION OF SOUND SYSTEM ON BOTH
FLOORS AT RICHFIELD COMMUNITY CENTER FROM ACOUSTICA IN
AMOUNT OF $7,538.19 PLUS TAX C.L. 236
B. APPROVED SEPTEMBER 12, 1994 AS DATE OF PUBLIC HEARING FOR
CONSIDERATION OF ISSUANCE OF NEW ON-SALE NON-INTOXICATING
MALT LIQUOR LICENSE FOR RICHFIELD HOTEL ASSOCIATES, LTD.
d/b/a HAMPTON INN, 7745 LYNDALE AVENUE C.L. 237
C. APPROVED HID MINUTES/TABULATION AND AWARD OF CONTRACT TO
BERGMAN CONSTRUCTION COMPANY, INC. FOR ROUTING AND SEALING
CRACKS IN ASPHALT STREETS IN AMOUNT OF $15,803.92 WITH
AUTHORIZATION TO EXTEND CONTRACT TO FULL 25$ OF QUANTITIES
BID WHICH MAKES TOTAL AUTHORIZATION OF UP TO $19,754.90
C.L. 238
D. Removed from the Consent Calendar and considered on the`
regular agenda as Item #8A.
E. APPROVED RENEWAL OF RESIDENTIAL KENNEL LICENSE; 7232 11TH
AVENUE; FOUR DOGS C.L. 240
F. APPROVED RENEWAL OF RESIDENTIAL KENNEL LICENSE; 7425
PLEASANT AVENUE; THREE DOGS AND TWO CATS C.L. 241
G. APPROVED ESTIMATE #2 PAYMENT FOR SITE REDEVELOPMENT OF
MADISON PARK; BARBER CONSTRUCTION CO., INC.; $19,945.43
H. APPROVED PAYMENT OF SITE CONSTRUCTION OF NICOLLET PARK
CP889; HOFFMAN & MCNAMARA CO.; $3,722.24
I. APPROVED ESTIMATE #1 PAYMENT FOR SITE CONSTRUCTION OF
WASHINGTON PARK CP897; SUNRAM CONSTRUCTION, INC.; $43,438.75
M/Rosenberg, S/Susag to approve the consent calendar.
Motion carried 4-0.
Council Meeting Minutes -4- August 22, 1994
Item #7 CONSIDERATION OF RESOLUTION AUTHORIZING SUBDIVISION
WAIVER AT 7015 AND 7021 PENN AVENUE TO DIVIDE TWO
EXISTING LOTS INTO THREE LOTS. C.L. N0. 242
City Manager Prosser reviewed Council Letter No. 242
regarding the request of Larry Stein for a subdivision waiver for
7015 and 7021 Penn Avenue to divide the two existing 90 foot wide
lots into three 60 foot wide lots.
Larry Stein, 8001 12th Avenue, reviewed his request for the
subdivision waiver to allow creation of three 60 foot lots to
allow for construction of three houses on the site.
Jane Myre, 7033 Oliver Avenue, Neighborhood Watch Block
Captain, stated that the neighborhood supports only single family
houses on the lots.
Tom Curran, 7016 Penn Avenue, stated concerns about the
houses generating additional traffic and possible driveway
conflict with the cemetery located across Penn Avenue from the
site.
City Manager Prosser indicated there would be one curb cut
for each house and the houses are not anticipated to create any
traffic problems.
Dick Johnston, 7001 Penn Avenue, stated he doesn't oppose
the subdivision into three lots, but wanted assurances that only
single family homes could be built. He also asked questions
about old foundations and the capping of wells on the site.
Carrol Borne, 7020 Oliver Avenue, stated concerns that
houses from New Ford Town would be moved to the site or small
houses built.
Mr. Stein indicated that old houses would not be moved to
the site and that new houses would be built.
Tom Curran, 7016 Penn Avenue, asked questions about the
neighborhood's rights to control what is built on the lots.
Carrol Borne, 7020 Oliver Avenue, stated concern that a
group home would locate on the site.
M/Susag, S/Priebe to close the public hearing.
Motion carried 4-0.
Council Meeting Minutes -5- August 22, 1994
City Manager and Assistant Attorney Heine responded to
numerous questions regarding some of the following issues:
• The subdivision waiver does not change zoning, setback, or
building code regulations relating to structures built on
the lots.
• A house moved onto the site would have to meet current
codes.
• Any wells on the property would have to be dealt with
according to the State law.
• City Code provides for platting or a subdivision waiver.
• The City Council does not have the authority to control the
location of licensed group homes - state and federal laws
govern that issue.
• The City Council cannot condition the subdivision waiver
based on the style of house to be built or whether a group
home will locate on the site.
• City staff will clarify and assure the well abandonment
procedures.
Council Member Priebe suggested Mr. Stein include a
requirement the buyer only build a single family house as part of
his sales contract in selling the lots.
M/Susag, S/Rosenberg that the following resolution be
adopteds that it be spread in the resolution book and that it be
made dart of these minutes:
RESOLUTION NO. 8174
RESOLUTION AUTHORIZING SUBDIVISION WAIVER
(7015 AND 7021 PENN AVENUE)
Motion carried 4-0. This resolution appears as Resolution
No. 8174 in Resolution Book No. 64.
Item ~8 CONSIDERATION OF RESOLUTION APPROVING ADDITIONAL
EXPENDITURE OF $10,000 FROM RICHFIELD'S MUNICIPAL STATE
AID CONSTRUCTION ACCOUNT FOR INSTALLATION .OF PEDESTRIAN
RAMPS AT EXISTING CROSSWALKS. C.L. NO. 243
City Manager Prosser reviewed Council Letter No. 243
regarding the proposed expenditure of 510,000 from Richfield's
Municipal State Aid (MSA) construction account for installation
of pedestrian ramps at existing crosswalks.
Council Meeting Minutes -6- August 22, 1994
M/Susag, S/Rosenberg 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. 8175
RESOLUTION AUTHORIZING EXPENDITURE OF AN ADDITIONAL $10,000
OF RICHFIELD'S MUNICIPAL STATE AID MONIES FOR
INSTALLATION OF PEDESTRIAN RAMPS
Motion carried 4-0. This resolution appears as Resolution
No. 8175 in Resolution Book No. 64.
Item #8A .CONSIDERATION OF APPROVAL OF BID MINUTES/TABULATION AND
AWARD OF CONTRACT TO ADVANCED CONCRETE, INC. FOR 1994
INSTALLATION OF CONCRETE PEDESTRIAN RAMPS IN AMOUNT OF
$19,300. C.L. N0. 239
City Manager Prosser reviewed Council Letter No. 239
regarding the recommended award of contract for the 1994
installation of concrete pedestrian ramps to Advanced Concrete,
Inc. in the amount of $19,360.
M/Susag, S/Priebe to accept the bid minutes/tabulation and
approve award of a contract for the 1994 installation of concrete
pedestrian ramps to Advanced Concrete, Inc. in the amount of
519,360.
Motion carried 4-0.
Item #9 CONSIDERATION OF FIRST READING OF ORDINANCE EXTENDING
MORATORIUM ON DEVELOPMENT OF ADULT USES FOR ONE
ADDITIONAL YEAR. C.L. NO. 244
City Manager Prosser reviewed Council Letter No. 244
regarding the proposed extension by one year of the ordinance
which placed a moratorium on the development of adult uses within
the City.
M/Kirsch, S/Susag that this constitute the First Reading of
this ordinance extending the moratorium on development of adult
uses for one additional year; and that the Public Hearing and
Second Reading of the ordinance be scheduled for the September
12, 1994 City Council meetin
Motion carried 4-0.
Council Meeting Minutes -7- August 22, 1994
Item #10 CONSIDERATION OF WHETHER TO HOLD A CITY COUNCIL STUDY
SESSION ON SEPTEMBER 5, 1994. C.L. N0. 245
City Manager Prosser reviewed Council Letter No. 245
regarding consideration as to whether to hold a City Council
Study Session Meeting and September 5,' 1994.
~i/Susag, S/Rosenberg to cancel the September 5, 1994 City
Council Study Session Meeting.
Council Member Priebe suggested that the Study Session
meeting be rescheduled instead of being cancelled. He suggested
the Study Session could be combined with the September 7 City
Council Budget Meeting and provide a time for Mr. Glaub to give
his presentation related to the AKC Canine Good Citizen Program.
. Motion failed 2-2. (Priebe, Susag opposed)
M/Priebe, S/Susag to reschedule the September 5, 1994 City
Council Study Session to September 7, 1994 and combine it with
the September 7, 1994 City Council Budget Meeting. _,
Discussion followed regarding meeting notices, agenda items,
and time allotment related to the proposed motion to reschedule
the City Council Study Session.
Council Member Susag withdrew his second to this motion.
No second was subsequently made to Council Member Priebe's
motion after Council Member Susag withdrew his second.
Motion failed for lack of a second.
M/Susag, S/Rosenberg to cancel the September 5~ 1994 Cit.
Council Study Session.
Motion carried 3-1. (Priebe opposed)
Item #11 AIRPORT STATUS REPORT
City Manager Prosser reviewed the status of the following
airport related issues:
• Runway 4-22 Final Environmental Impact Statement
* Richfield's written comments have been submitted.
* The Metropolitan Council has accepted and forwarded the
E.I.S., however, they did ask that certain issues be
resolved. prior to construction.
Council Meeting Minutes -8- August 22, 1994
* Some discussion was held with Bloomington regarding
sharing litigation costs if this option was chosen. Cost
estimates for litigation could be $160,000 if pursued in
Federal Appeals Court and $250,000 if pursued in State
Court. Legal experts are of the opinion that the State
Court would provide the best forum for success if
litigated.
* A meeting involving Minneapolis, Richfield, Northwest
Airlines, Bloomington, and MAC has been scheduled to
discuss Runway 4-22 issues.
• New Ford Town and Rich Acres Buyout
* FAA funding levels appear insufficient to sustain the
acquisition process on the anticipated schedule.
Item #12 77TH STREET PROJECT STATUS REPORT
Community Services Director Fondrick reviewed and answered
questions regarding the status of the following 77th Street
Project issues:
• loop road construction
•-sound wall construction
• Girard Avenue signal
• Phase II removals and construction schedule
• Signage at the 77th Street and Portland Avenue intersection
• Pedestrian crossings with and without signalization
Item #13 LEGISLATIVE REPORT
None
Item #14 COUNCIL DISCUSSION ITEMS
Council Member Susag discussed the following issues:
• Status of demolition on the CSM site.
• Richfield Chamber of Commerce Golf Event on September 8,
1994.
• FOWL Ball Golf Klassic on September 10, 1994.
• Response to Mr. Schlegel regarding his earlier comments
- about the housing inspection program.
Council Meeting Minutes -9- August 22, 1994
City Manager Prosser indicated staff would respond to Mr.
Schlegel. He encouraged citizens to contact him if they have any
concerns or comments about the program.
Public Safety Director Erskine stated he had spoken to Mr.
Schlegel this evening. He stated Mr. Schlegel was mainly opposed
to housing inspection programs because he did not feel it was a
function of government.
Council Member Priebe suggested the City Council Budget
Meetings be broadcast on Cable TV.
City Manager Prosser stated staff had already scheduled
these meetings to be broadcast on Cable TV.
Item #15 CLAIMS AND PAYROLLS
M/Priebe, S/Susag that the following claims and payrolls be
approved:
RICHFIELD BANK & TRUST CO.
Checks 18865-18911; 47163-47416 $1,198,620.30
NORWEST BANK
Check 1214 $ 15,000.00
FIRSTAR BANK
Checks 8181-8203 $ 357,389.10
Payroll 79300-79753 $ 432,316.56
Motion carried 4-0.
ADJOURNMENT
The meeting was adjourned by unanimous consent at 9:01 p.m.
Date Approved:
9/12/94
a
~9
Marti . ' K rsch Mayor
J e D. Prosser ,
Ci Manager
r
Thomas P. Ferber
City Clerk