11-14-1994CITY OF RICHFIELD, MINNESOTA
REGULAR CITY COUNCIL MEETING
November 14, 1994
MEMBERS PRESENT: Martin Kirsch, Mayor; Michael Sandahl; Susan
Rosenberg; Russ Susag; and Don Priebe.
STAFF PRESENT: James Prosser, City Manager; Steven Devich,
Administrative Services Director; Thomas
Ferber, City Clerk; Byrori Wallace, Community
Development Director; Jack Erskine, Public
Safety Director; William Fillmore,
Liquor Operations Director; Mike Eastling,
City Engineer; Gretchen Blank, Leisure
Services Coordinator; 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/Sandahl, S/Susag to agprove the minutes of the Special
City Council Meeting of October 24, 1994; the minutes of the
Regular City Council Meeting of October 24, 1994; the minutes of
the Special City Council Study Session of October 25, 1994; and
the minutes of the Special City Council Meetina of October 29,
1994.
Motion carried 5-0.
Item #1 OPPORTUNITY FOR PERSONS TO ADDRESS THE CITY COUNCIL
ON ANY ITEM NOT LISTED ON THE AGENDA.
Gertrude Ulrich, 7601 Aldrich Avenue, on behalf of the
League of Women Voters, commended the City staff for the
administration of the election process. She invited the public
to the League of Women Voters commemoration of their 75th
Anniversary and the 50th Anniversary of the United Nations
featuring as speaker former Governor Harold Stassen at 9:00 a.m.
on Saturday, November 19, 1994 at City Hall.
Council Meeting Minutes
-2- November 14, 1994
Item #2 RECOGNITION BY CITY COUNCIL OF RESTAURANTS IN RICHFIELD
WHO HAVE ADOPTED A SMOKE-FREE POLICY IN THEIR
ESTABLISHMENTS. C.L. N0. 300
Mayor Kirsch recognized the following restaurants who have
adopted a "smoke free" policy as promoted by the Richfield
Advisory Board of Health:
Dairy Queen - 7533 Lyndale Avenue
Vina - 6401 Nicollet Avenue
Mister Donut - 6435 Lyndale Avenue
Mister Donut - 6600 Penn Avenue
Burger King - 140 East 78th Street
Arby's - 7744 Fifth Avenue
Delectable Deli - 1401 West 76th Street
Leeann Chin - 6420 Nicollet Avenue
McDonald's - 6621 Lyndale Avenue
Bakers Square - 3000 West 66th Street
Item #3 PRESENTATION BY NORTHERN STATES POWER COMPANY TO CITY
OF RICHFIELD FOR PARTICIPATION IN LOCAL GOVERNMENT PROGRAM
C.L. NO. 301
Jim Rhodes, Northern States Power Company, presented a
plaque to Ice Arena Manager Al Payne in recognition of the City's
participation in the NSP local government program by conversion
of the arena lighting system to more energy efficient fixtures.
Item #4~ PROCLAMATION HONORING SISTER MARY WALTER DU VAL, SSND;
PRINCIPAL OF THE ACADEMY OF THE HOLY ANGELS.
Council Member Sandahl read a proclamation honoring Sister
Mary Walter Du Val, principal of the Academy of the Holy Angels,
for 25 years of service to the community and the School Sisters
of Notre Dame.
Item #5 COUNCIL APPROVAL OF AGENDA
M/Priebe, S/Susag to approve the agenda.
Motion carried 5-0.
Council Meeting Minutes
Item #6 CONSENT CALENDAR
-3- ~ November 14, 1994
6A. APPROVED RESOLUTION AUTHORIZING EXPENDITURE OF ADDITIONAL
$2,500.FROM RICHFIELD'S MUNICIPAL STATE AID CONSTRUCTION
ACCOUNT TO COVER PRELIMINARY AND CONSTRUCTION ENGINEERING
COSTS C.L. 302
RESOLUTION N0. 8196
RESOLUTION AUTHORIZING EXPENDITURE OF $2,500
OF RICHFIELD'S MUNICIPAL STATE AID CONSTRUCTION MONIES
TO OFFSET ENGINEERING COSTS ASSOCIATED WITH
THE INSTALLATION OF PEDESTRIAN RAMPS
This Resolution appears as Resolution No. _8196 in Resolution
Book No. 64.
B. APPROVED DECEMBER 12, 1994 AS DATE FOR PUBLIC HEARINGS FOR
RENEWAL OF WINE LICENSES C.L. 303
C. APPROVED DECEMBER 12, 1994 AS DATE FOR PUBLIC HEARINGS FOR
RENEWAL OF ON-SALE LIQUOR LICENSES C.L. 304
D. APPROVED DECEMBER 12, 1994 AS DATE FOR PUBLIC HEARINGS FOR
RENEWAL OF PAWNBROKER AND SECONDHAND GOODS LICENSES C.L.
305
E. APPROVED PURCHASE IN EXCESS OF 55,000 FOR PURCHASE AND
INSTALLATION OF VI-DEO, AUDIO AND RECORDING EQUIPMENT IN TWO
POLICE INTERVIEW ROOMS FROM VIDEOTRONIX, INC. IN AMOUNT OF
510,043 C.L. 306
F. APPROVED PURCHASE IN EXCESS OF 55,000 FOR CARBON DIOXIDE FOR
WATER TREATMENT FROM KOCH CARBON DIOXIDE COMPANY IN
ESTIMATED AMOUNT OF $9,600 C.L. 307
G. APPROVED #4 PAYMENT FOR SITE DEVELOPMENT OF WASHINGTON PARK
CP897; SUNRAM CONSTRUCTION, INC.; $25,772.98
H. APPROVED FIRST AND FINAL PAYMENT FOR 1994 SIDEWALK, CURB AND
GUTTER REPAIR; STANDARD SIDEWALK, INC.; $43,413.09
M/Susag, S/Sandahl to approve the consent calendar.
Motion carried 5-0.
Council Meeting Minutes
-4- November 14, 1994
Ttem #7 PUBLIC HEARING REGARDING REQUEST FOR TRANSITIONAL
ACTIVITY PERMIT AND SPECIAL APPROVAL TO ALLOW
RELOCATION OF NAEGELE BILLBOARD FROM 7738 COLFAX AVENUE
TO 7700 FREMONT AVENUE. C.L. NO. 308
City Manager Prosser reviewed Council Letter No. 308
regarding the request of Naegele Outdoor Advertising Company for
a transitional activity permit and approval to relocate a Naegele
billboard from 7738 Colfax Avenue to 7700 Fremont Avenue. He
stated the sign had to be removed due to the redevelopment of the
site by CSM.
Michael Cronin, Naegele Outdoor Advertising Company, spoke
in support of the request. He answered questions from the
Council indicating that the sign size would remain the same and
that Naegele does monitor and respond to community standards
related to advertising content.
M/Sandahl, S/Susag to close the public hearing.
Motion carried 5-0.
Council Member Priebe stated he opposes this type of
billboard and asked if the City could require the removal of the
sign.
Assistant City Attorney Heine reviewed the proposed lease
provisions stating the transistional activity permit will expire
October 31, 1997 or earlier by cancellation of the lease. She
stated Naegele would be eligible for relocation benefits from the
HRA of at least $22,000 if this relocation is not permitted
because the billboard was removed for the CSM Redevelopment
project. She stated that by approving this agreement for
relocation of the billboard, the HRA will not have to pay
relocation benefits.
M/Susag, S/Sandahl to approve the transitional activity
permit and grant special approval to Naegele Outdoor Advertising
Company for the relocation of a billboard from 7738 Colfax Avenue
to 7700 Fremont Avenue with the following stipulation:
1. That the transitional activity permit shall expire on
October 31, 1997, or such earlier date as determined by
the cancellation of the lease.
Motion carried 5-0.
Council Meeting Minutes
-5- November 14, 1994
Item #8 CONSIDERATION OF RESOLUTION DESIGNATING CITY'S
CONTRIBUTION TOWARD HEALTH, TERM LIFE AND DENTAL
INSURANCE PREMIUM FOR GENERAL SERVICES AND MANAGEMENT
EMPLOYEES. C.L. N0. 309
City Manager Prosser reviewed Council Letter No. 309
regarding a proposed resolution designating the following changes
to the City'. s, insurance contributes for,Management and General
Services employees: ~~
A. Life Insurance
That the term life insurance increase from 515,000 to
520,000 at the same rate, with a premium charge increase
from $2.55 to 53.40 per month per employee.
B. Dental Insurance
That the per employee per month contribution be increased
from S23 to 524. As in the past, employees who desire
dependent coverage would pay the full cost of such
additional premium.
C. Long-Term Disability Insurance
That the long-term disability insurance remain with a
premium charge of 36~ per 5100 of salary.
D. Group Health Insurance
That the City contribution be increased from a maximum of
$315 per month to 5335 per month per employee for dependent
coverage.
M/Sandahl, S/Susag 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. 8197
RESOLUTION DESIGNATING CITY'S CONTRIBUTION
TOWARD HEALTH, TERM LIFE AND DENTAL INSURANCE
PREMIUM FOR MANAGEMENT AND GENERAL SERVICES EMPLOYEES
Motion carried 5-0. This resolution appears as Resolution
No. 8197 in Resolution Book No. 64.
Item #9 CONSIDERATION OF RESOLUTION DETERMINING RESULTS OF
CITY GENERAL ELECTION HELD ON TUESDAY, NOVEMBER 8, 1994
C.L. NO. 310
City Manager Prosser reviewed Council Letter. No. 310
regarding a resolution declaring the results of the City General
Election held on November 8, 1994.
Council Meeting Minutes
-6- November 14, 1994
M/Susag, S/Priebe 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. 8198
RESOLUTION DETERMINING RESULTS OF THE GENERAL ELECTION
OF THE CITY OF RICHFIELD HELD ON TUESDAY, NOVEMBER 8, 1994
Motion carried 5-O. This resolution appears as Resolution
No. 8198 in Resolution Book No. 64.
Item #10 CONSIDERATION OF REQUEST FOR AMENDMENT TO ZONING CODE
WHICH WOULD MAKE AUTO REPAIR A PERMITTED USE IN
NEIGHBORHOOD BUSINESS DISTRICT. C.L. NO. 311
City Manager Prosser reviewed Council Letter No. 311
regarding the request of Dunrite Automotive for an amendment to
the Zoning Code which would make auto repair a permitted use in
the C-1 neighborhood business district.
Gary Gandrud, Faegre & Benson, attorney representing the
applicants, reviewed the history of the development of the site
and summarized the proposed amendment to make auto repair a
permitted use in the C-1 district with specific licensing
requirements. He requested the amendment be referred to the
Planning Commission for a public hearing and recommendation to
the City Council.
Tom Rubin, Dunrite Automotive, stated that there would be
minimal impact on the neighborhood from this business. He
indicated he had obtained signatures of 26 neighborhood residents
on a rezoning petition. Mr. Rubin stated business hours would
probably be 7 a.m.-7 p.m. Monday through Friday and 8 a.m.-2 p.m.
on Saturday. He summarized the auto repair services to be
offered at the site.
Community Development Director Wallace answered questions
related to zoning in other areas where auto repair shops are
located.
Public Safety Director Erskine expressed caution about the
potential for parking, noise, traffic, and other neighborhood
concerns which have developed in other neighborhoods where a
business is located in a residential area.
City Manager Prosser noted the potential for impact of the
proposed amendment on other C-1 districts.
Council Member Priebe stated support for referring the issue
to the Planning Commission in order to get the input of
neighborhood residents through a public hearing.
Council Meeting Minutes -7- November 14, 1994
Council Member Rosenberg stated opposition to, referring the
issue to the Planning Commission. She cited the parking problems
at 70th Street and Penn Avenue and noted the potential for
similar problems at this site.
M/Priebe, S/Sandahl to forward the proposed amendment to the
Zoning Code which would make auto repair a permitted use in the
C-1 neighborhood business district to the Planning Commission for
review, public hearing, and recommendation.
Council Member Sandahl stated he supported the process to
get input from the public.
Council Member Susag stated he did not support the referral
because of the potential for impact on other C-1 areas which
would not be represented at the hearing. He stated auto repair
shops should be located in C-2 districts.
Mayor Kirsch stated support for the Planning Commission
review and the opportunity to receive input from the
neighborhood.
Motion carried 3-2. (Rosenberg, Susag opposed)
City Manager Prosser asked what areas were to be notified
about the public hearing. The consensus of the Council was to
notify the 7301 Penn Avenue neighborhood area of the public
hearing.
Council Member Susag suggested the City Attorney prepare an
opinion on the enforceability of the proposed amendment and
licensing provisions.
Item #11 CONSIDERATION OF CONSENT AND AGREEMENT PROVIDING FOR
ASSIGNMENT OF PHASE I EMERSON AVENUE LICENSURE
AGREEMENT WITH CSM TO NORWEST BANK. C.L. NO. 312
City Manager Prosser reviewed Council Letter No. 312
regarding the proposed "Consent and Agreement" document providing
for the assignment of the Licensure Agreement related to the
Phase I CSM Redevelopment Project to Norwest Bank if CSM
defaults. -
M/Susag, S/Priebe to approve the "Consent and Agreement"
document as presented by the City Attorney which assigns to
Norwest Bank the Licensure Agreement related to the Phase I CSM
Redevelopment Project if CSM defaults.
Motion carried 5-0.
Council Meeting Minutes
-8- November 14, 1994
Item #12 CONSIDERATION OF APPOINTMENT OF COMMITTEE TO CONSIDER
WILDLIFE MANAGEMENT RELATED TO ISSUE OF DEER
OVERPOPULATION. C.L. NO. 313
City Manager Prosser reviewed Council Letter No. 313
regarding proposed appointment of a committee to consider
wildlife management related to the issue of deer overpopulation.
Council Member Sandahl stated there is a need to have
representation on the committee for a anti-deer citizen and pro-
deer citizen in addition to the suggested representatives.
Council Member Priebe stated that a committee may just delay
a decision. He stated that other communities have dealt with
this issue and that the alternatives could be compiled for the
City Council and a solution implemented so that the problem is
addressed in a timely manner.
Council Member Susag noted the problem is immediate with
damage to Wood Lake Nature Center and continued breeding. He -
suggested staff could recommend action, a public hearing be
conducted for input, and then the Council would choose the course
of action. City Manager Prosser suggested that the committee
could provide a recommendation to the Council in 30 days.
It was the consensus of the Council that a forum for public
input should be provided regarding the proposed solution.
M/Sandahl, ~/Susag to authorize the creation of a committee
to consider wildlife management related to the issue of deer
overpopulation with members to consist of the following:
•- The Mayor or designee ~f Mayor
•- The Chair or designee of the Chair of the Community
Services Commission
• The Chair or designee of the Chair of the Friends of Wood
Lake (F.O.W.L.) Board of Directors
• Two staff representatives of the Community Services
Department
• A representative of the Public Safety Department
• If possible, a citizen representative of both anti-deer
and pro-deer viewpoints -
Item #13 AIRPORT STATUS REPORT
No Report
Council Meeting Minutes -9- November 14, 1994
Item #14 77TH STREET PROJECT STATUS REPORT
City Engineer Eastling reviewed the status of the following
77th Street Construction Project issues:
• Colfax Avenue adjacent to CSM Project is being completed
in compatibility to Phase II.
• Sodding subcontractor went bankrupt delaying the majority
of sodding until Spring.
• New Orleans Court driveway is being completed.
Council Members Sandahl and Priebe suggested investigation
of the earlier installation of traffic signals at 77th Street and
Portland Avenue, even if it means temporary signals.
City Engineer Eastling stated he would research the
scheduling and cost issues related to an earlier installation or
temporary signal at 77th Street and Portland Avenue.
Item #15 LEGISLATIVE REPORT
City Manager Prosser stated staff is currently preparing the
City's legislative initiatives and encouraged input from the City
Council. He stated discussion of the legislative initiatives
will be scheduled for the December City Council Study Session.
Item #16 COUNCIL DISCUSSION ITEMS
Council Member Sandahl discussed a recent noise issue
related to loudspeakers at the Richfield Mitsubishi. He
requested that staff draft an ordinance amendment that would
strengthen the City's enforcement mechanism related to noise
violations.
Council Member Susag acknowledged the memorandum from staff
regarding the commission appointment process and asked about
student appointments.
City Manager Prosser stated student appointments now occur
at a different time.
Mayor Kirsch invited the public to the Richfield
Foundation's Rave Revue featuring the Minneapolis Commodores
Barbershop Glee Club and Quartets schedule for 7:00 p.m. on
November 19 at the Academy of the Holy Angels.
Council Meeting Minutes
-10- Noveynber 14, 1994
Council Member Sandahl suggested that since tie public tour
of school district building improvements was scheduled for a City
Council meeting night, the City Manager should try to arrange a
tour for the Council at another time.
Item #17 CLAIMS AND PAYROLLS
M/Susag, S/Sandahl that the following claims and payrolls be
approved:
RICHFIELD BANK & TRUST CO.
Checks 19177-19270; 48436-48786 51,773,248.80
NORWEST BANK
Check 1219-1220 S 13,400.00
FIRSTAR BANK
Checks 8295-8328 S 580,087.27
Checks 81694-82038 S 382,150.24
Motion carried 5-0.
ADJOURNMENT
The meeting was adjourned by unanimous consen t 8:46 .m.
Date Approved: 11/28!94
M~rtin J. Ki c M yor
Thomas P. Ferber Jam D. Prosser
City Clerk Cit Manager