02-12-96 RegularCITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
February 12, 1996
The meeting was called to order by Mayor Pro Tempore Sandahl at 7:00 p.m.
Mayor Pro Tempore Sandahl led the audience in the Pledge of Allegiance.
Members Present Michael Sandahl, Mayor Pro Tempore; Susan Rosenberg; and Don
Priebe.
Members Absent Russ Susag and Martin Kirsch, Mayor.
Staff Present : James Prosser, City Manager; Steven Devich, Administrative
Services Director; Bruce Palmborg, Acting Community Development
Director; Mike Eastling, City Engineer; Gretchen Blank, Leisure
Services Coordinator; Jack Erskine, Public Safety Director; Thomas
Ferber, City Clerk; William Fillmore, Liquor Operations Director; and
Corrine Thomson, Assistant City Attorney.
City Manager Prosser stated that Council Member Susag and Mayor Kirsch had
informed him that they would be out of town and unable to attend this meeting. He stated
they are visiting Heredia, Costa Rica, sister city of Richfield.
M /Priebe, S /Rosenberg to determine the absences of Council Member Susag and
Mayor Kirsch as excused absences
Council Meeting Minutes -2- February 12, 1996
Ini
Item #1 > . . � . � . • ...::: .; ; " <`t�R €`t'�' ..................................................................... ...............................
Kirsten Beard Kimbal, Co- President of the League of Women Voters - Richfield,
presented to City Council Members copies of a report entitled "Breaking the Cycle of
Violence" which contains recent research on the causes and prevention of violence in this
society. She stated that because the information contained in the booklet is so valuable,
the Richfield League of Women Voters Board is providing copies to key public officials.
Item #2
Mayor Pro Tempore Sandahl read and presented Certificates of Appreciation to the
following individuals who have served three consecutive terms on City Commissions:
Ben Arriola, Human Rights Commission;
David Delzer, Community Services Commission; and
Joe Sausen, Community Services Commission.
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Item # 3N'` Tt#! i<► P± �J# Nt. ..:"1''..Rltt�..l..........
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Council Member Rosenberg read and presented a proclamation supporting
Richfield DECA Free Enterprise, February 1996, to Jennifer Swanson representing the
members of the DECA Free Enterprise group in attendance.
Council Meeting Minutes -3- February 12, 1996
Jennifer Doll of the DECA Free Enterprise Group, read and presented a
proclamation of appreciation for the support of the City Council for the DECA Program as
part of the DECA 50th Year Project.
M /Priebe, S /Rosenberg to approve the
A. APPROVED AMENDED CONTRACT WITH BRAUER GROUP, INC. TO
CONTINUE TO PROVIDE CONSULTING SERVICES TO COMPLETE THE
PROCESS TO AMEND COMPREHENSIVE PLAN C.L. 37
B. APPROVED RESOLUTION SUPPORTING CITY CLERK TOM FERBER TO
SERVE AS PRESIDENT OF MINNESOTA CLERKS AND FINANCE OFFICERS
ASSOCIATION FOR 1996 -97 C.L. 38
RESOLUTION OF SUPPORT FOR CITY CLERK
THOMAS FERBER AS PRESIDENT OF THE MCFOA
This resolution appears as Resolution No. 8326 in Resolution Book No. 66.
C, APPROVED AWARD OF CONTRACT TO E -Z -GO TEXTRON (UPPER
MIDWEST) FOR LEASING OF GOLF CARTS AND UTILITY BEVERAGE CART
AT RICH ACRES GOLF COURSE IN 1996, 1997 AND 1998 IN AMOUNT OF
$29,207.63 C.L. 39
D. APPROVED PURCHASE IN EXCESS OF $5,000 FOR PLOW, WING AND
TAILGATE SANDER FROM J. KRAFT, INC. IN AMOUNT OF $14,965.59 C.L. 40
E. APPROVED PURCHASE IN EXCESS OF $5,000 FOR DUMP BODY FOR NEW
TRUCK FROM J. KRAFT, INC. IN AMOUNT OF $5,695.83 C.L. 41
F. APPROVED PURCHASE IN EXCESS OF $5,000 FOR NEW 1996 FORD F350
CAB CHASSIS UNDER HENNEPIN COUNTY PURCHASING AGREEMENT
FROM SUPERIOR FORD, INC. IN AMOUNT OF $20,132.00 C.L. 42
Council Meeting Minutes 4- February 12, 1996
G. APPROVED PURCHASE IN EXCESS OF $5,000 FOR NEW 1996 FORD F250
3/4 TON PICKUP TRUCK UNDER HENNEPIN COUNTY PURCHASING
AGREEMENT FROM SUPERIOR FORD, INC. IN AMOUNT OF $24,316.00 C.L.
43
H APPROVED PURCHASE IN EXCESS OF $5,000 FOR PC NETWORK FILE
SERVERS FROM UNIQUE SOFTWARE IN AMOUNT OF $13,645.85 C.L. 44
I. APPROVED PURCHASE IN EXCESS OF $5,000 FOR HEWLETT PACKARD
DESIGNJET PLOTTER FOR CITY'S GEOGRAPHIC INFORMATION SYSTEM
FRAM CEDAR COMPUTER CENTER IN AMOUNT OF $6,490.11 C.L. 45
J. APPROVED RESOLUTION AUTHORIZING LAWFUL GAMBLING LICENSE
WITH FEE WAIVER FOR RICHFIELD AMERICAN LEGION, #435,6501
PORTLAND AVENUE C.L. 46
RESOLUTION AUTHORIZING THE AMERICAN LEGION #435 TO
CONDUCT LAWFUL GAMBLING
This resolution appears as Resolution No. 8327 in Resolution Book No. 66.
K. APPROVED RENEWAL OF RESIDENTIAL KENNEL LICENSE; 7209 -18TH
AVENUE; ONE DOG AND FIVE CATS C.L. 47
L. APPROVED RENEWAL OF RESIDENTIAL KENNEL LICENSE; 7649 PENN
AVENUE; THREE DOGS C.L. 48
M. APPROVED 1996 TAXI CAB LICENSE; TOWN TAXI, INC.; 3 VEHICLES
N. APPROVED 1996 GARBAGE HAULER LICENSE; TOTAL SANITATION
COMPANY; 2 VEHICLES
0. APPROVED ESTIMATE #8 PAYMENT FOR SITE DEVELOPMENT AT
WASHINGTON PARK; SUNRAM CONSTRUCTION; $11,949.10
P. APPROVED ESTIMATE #5 PAYMENT FOR PAINTING OF LOGAN WATER
TOWER; DELOUGHERY PAINTING COMPANY; $30,658.02
M /Rosenberg, S /Priebe to approve the consent calendar.
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Council Meeting Minutes -5- February 12, 1996
Item #6
City Manager Prosser reviewed Council Letter No. 49 regarding a proposed
ordinance amendment which would give the City Manager the authority to make changes
in the duties of Department Directors without the requirement of amending the ordinance
at each such. instance in the future.
Council Member Priebe stated that it is appropriate that the City Manager be given
the authority to assign duties without defining them in ordinance. He stated it is the City
Manager's job to manage the City in a manner he sees as best and he is accountable to
the City Council.
Mayor Pro Tempore Sandahl stated that it is appropriate for the City Manager to
have the authority to assign duties to Department Directors rather than delineate them by
ordinance.
M /Rosenberg, S /Priebe that this constitute the First Reading of this ordinance
amendment relating to duties of Department Directors, and that the Public Hearing and
Second Reading of the ordinance be scheduled for the March 11. 1996 City Council
meeting.
Item #7
City Manager Prosser reviewed Council Letter No. 50 regarding a proposed
transitory ordinance providing for the expenditure of money from the Special Revenue
Fund for the following capital improvements:
Veterans Memorial Park: 100 car parking lot $110,000
Playfeature Improvements: Lincoln Field, Garfield Park, $220,000
Roosevelt Park, Augsburg Park, Christian Park
Donaldson Park Improvements $ 65,000
Council Member Priebe asked if these improvements would be completed this year.
City Manager Prosser stated that the projects were scheduled to be completed in
1996.
Council Meeting Minutes -6- February 12, 1996
Council Member Rosenberg asked about the proposed improvements to Donaldson
Park.
Leisure Services Coordinator Gretchen Blank stated that the proposed
improvements included park building roof repair, parking lot, and tennis courts.
ro
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the March 11. 1996 Cily Council meetono.
Item #8
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City Manager Prosser reviewed Council Letter No. 51 regarding a proposed
ordinance amendment to Section 2.05 of the Richfield City Charter forwarded to the City
Council from the Charter Commission. He stated the proposed amendment would provide
that a vacancy in the office of the Council Member shall exist if the Council Member fails to
attend six regular Council meetings during a six month period.
City Manager Prosser stated that the City Attorney has offered an opinion that if the
ordinance amendment is adopted and enforced, it would be subject to challenges of
violation of Article VII, Section 5 of the Minnesota Constitution. He stated it was
recommended that the amendment be referred back to the Charter Commission with the
request that the proposed amendment be reviewed with the Charter Commission and City
Attorney. He stated this would provide an opportunity for the Charter Commission to
make changes to allow the substance of their request to be adopted in a manner
consistent with the Minnesota Constitution.
Gordon Anderson, 7501 Elliot Avenue, a member of the Charter Commission,
stated that the Charter Commission had given support to this Charter amendment by a 9 -2
vote at its last meeting. He stated he was not authorized to speak for the Charter
Commission, but that it was his opinion that what was proposed is what the Charter
Commission would want to see adopted. He suggested that the amendment probably
does meet the definition of nonfeasance. Mr. Anderson indicated that he thought the
Charter Commission would be willing to meet with the City Attorney.
Council Member Rosenberg asked if the Charter Commission had any discussions
about an appeals process.
Mr. Anderson responded that the amendment speaks for itself.
Council Meeting Minutes -7- February 12, 1996
Discussion followed regarding the language of the proposed amendment.
Mr. Anderson read the following from the letter of City Attorney Thomson: "Although
it is possible that failure to attend six council meetings in six months could constitute
nonfeasance, there may also be circumstances where it may not, and where application of
the proposed amendment would be unconstitutional." He said this showed the City
Attorney was not definite on the issue.
Mayor Pro Tempore Sandahl stated that nothing is definite until it is taken to court
Mr. Anderson stated two attorneys were members of the Charter Commission.
Council Member Priebe asked Mr. Anderson if he thought the Charter Commission
would be willing to meet with the City Attorney to discuss and review the amendment.
Mr. Anderson stated that the Council would have to ask Charter Commission
President Shirley Johnson. He stated he would have no problem with such a meeting.
Mayor Pro Tempore Sandahl stated that the City Council would need five
affirmative votes to approve a Charter amendment, therefore, the Council could not take
action when some members are absent, as is the case this evening.
City Manager Prosser stated that the City Attorney will be available to meet at the
convenience of the Charter Commission.
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Mayor Pro Tempore Sandahl thanked the Charter Commission for taking the time to
work on this issue.
Item #9
City Manager Prosser reviewed Council Letter No. 52 regarding a resolution
declaring that the planned unit development/final development plan and conditional use
permit that was approved on May 8, 1995 as the effective plan for Phase II of the Shops at
Lyndale, nullifying the amended planned unit development approved on December 11,
1995.
Council Meeting Minutes -g- February 12, 1996
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RESOLUTION DECLARING STATUS OF ZONING APPROVALS
(CSM - PHASE II)
This resolution appears as Resolution No. 8328 in Resolution Book No. 66.
Item #10
City Manager Prosser reviewed Council Letter No. 53 regarding the application of
David S. Colehour for renewal of a car wash license for Tip Top Car Wash, 6601
Bloomington Avenue.
Henry Thurnau, 6701 Bloomington Avenue, indicated that the car wash appearance
had been a problem for many years. He stated it was the worst looking building in the City
and should be rebuilt with block and brick veneer if it is to remain.
John LaFrance, 6621 Bloomington Avenue, discussed ongoing problems he has
observed at the car wash since 1981 including trash, noise, after hours use, deteriorated
fencing, and condition of the curtains. He stated that Mr. Colehour had told the City
Council in 1981 that he was going to replace the structure with an eight bay car wash with
a brick veneer exterior. Mr. LaFrance stated the structure was in a state of disrepair, and
that the neighbors would like to see it closed.
James Koller, a dentist associated with the purchase and rebuilding of 1537 East
66th Street for a dental clinic, stated that the car wash site should be redeveloped to both
improve the appearance of the area and to increase the City's tax base.
David Colehour, 504 Laredo Lane, Chanhassen, owner of the Tip Top Car Wash,
stated that he does the best he can to maintain the car wash. He stated the condition of
the fence was a result of the neighbor's garage being built next to it, causing it to rot from
water. He stated the neighbor's dog caused as much noise as the car wash. He stated
he can't afford to finance a new building.
Council Member Priebe asked if Mr. Colehour would be willing to participate in
mediation with the neighbors to help resolve some of these issues.
Mr. Colehour responded that he would participate in mediation.
Council Meeting Minutes -9- February 12, 1996
Council Member Priebe suggested that this item be deferred for 30 days to allow for
mediation.
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Item #
City Manager Prosser reviewed Council Letter No. 54 recommending the approval
of the appointment of Bruce Palmborg as Community Development Director.
M/Sandahl, S/Rosenberg to approve he Cily Manager's appointment of Bruce
P- 11b• t as CommuaU' Development - •
Item #
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City Manager Prosser stated that the City's request for a 45 day extension for the
submittal of comments on the Dual track Airport Planning Process Draft Environmental
Impact Statement (D.E.I.S.) had been denied. He stated that the City's comments will
therefore be submitted on the February 13 deadline. He stated that the major issues of
concern included:
• The lack of adequate information in the D.E.I.S. regarding the noise impacts
from ground level activities of the proposed north -south runway. In addition, no
mitigation measures are identified to address the environmental impacts.
• The selection of the north -south runway option over the north parallel runway
does not appear to be strongly supported and additional information is needed
regarding the relative advantages and disadvantages of this runway selection.
Item #13
Council Meeting Minutes -10- February 12, 1996
City Manager Prosser reviewed the status of the following legislative initiatives:
• The extension of previous legislation which requires the Metropolitan Airports
Commission (MAC) to allocate a portion of their capital improvement budget to
off site sound mitigation programs.
• Airport Community Protection Concepts Package to provide tools for
transformation of incompatible land uses to compatible land uses adjacent to
the airport.
• "This Old Apartment" concept which would provide incentives for improvements
to apartment buildings.
"This Old House" amendment regarding the timeline for application.
Consolidation of Fire Pension into PERA.
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City Manager Prosser announced that Community Services Director Fondrick had
resigned from his position with the City.
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Item 't >:
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M /Rosenberg, S /Priebe that the following claim&ancLpavrolls
RICHFIELD BANK & TRUST COL
Checks: 20632 - 20722; 5681 1 -571 26
Checks: 1245
Checks: 8919 -8949
Payroll: 92662 -93816
$1,732,753.08
$ 1 0,000.00
$ 417,343.00
$ 384,629.77
Council Meeting Minutes
The meeting was adjourned by unanimous consent at 8:00 p.m.
Date Approved:
Thomas P. Ferber
City Clerk
Martin J. Kirsch
James D. Prosser
City Manager
February 12, 1996
Mayor