07-22-96 RegularCITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
JULY 22, 1996
The meeting was called to order by Mayor Kirsch at 7:00 p.m.
Mayor Kirsch led the audience in the Pledge of Allegiance.
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; Bruce Palmborg, 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
John Dean, City Attorney.
M /Susag, S /Priebe to approve the minutes of the City Council Study Session of
July 1, 1996; and the minutes of the Regular City Council Meeting of July 8, 1996.
Motion carried 5 -0.
Council Meeting Minutes -2- July 22, 1996
Item #1 OPPORTUNITY FOR PERSONS TO ADDRESS THE CITY COUNCIL ON
ANY ITEM NOT LISTED ON THE AGENDA.
No one wished to address the Council.
Item #2
Public Safety Director Erskine stated that the Richfield Optimist Club had recently
presented awards to Firefighter Quebodeaux and Investigator Mead. Firefighter
Quebodeaux was recognized for his efforts in planning and counseling at Safety Camp.
He stated Agent Mead was recognized for his contributions to youth and the community
during his 20 year career in such areas as crime prevention officer, school liaison, and
initiator of sexual assault awareness classes at Richfield Senior High. Public Safety
Director Erskine announced that the Police Commendation Review Board had
recommended that Agent Mead receive a Department Commendation for his work on the
Colleen Buckley homicide and also recommended that Department Commendations be
individually awarded to members of the Special Services Unit for their commitment to
excellence and training which led to the Unit being chosen Best in Team Work at the 1995
Minnesota Tactical Training Conference held at Camp Ripley.
Public Safety Director Erskine presented the awards to Firefighter David
Quebodeaux, Police Investigator Daniel Mead and the following members of the Special
Services Unit: Glenn Mork, Daniel Mead, Thomas Blair, John Conito, Jay Henthorne,
Michael Koob, Kenneth Mikle, Patrick Moriarty, David Kromschroeder, William Nikituk and
Mark Shelley for their commitment to excellence.
M /Sandahl, S /Susag to approve the agenda.
Motion carried 5 -0.
Council Meeting Minutes -3- July 22, 1996
A. APPROVED PAYMENT TO LEAGUE OF MINNESOTA CITIES INSURANCE
TRUST IN AMOUNT OF $34,398.40 C.L. 237
B. APPROVED AWARD OF CONTRACT TO VISU -SEWER CLEAN & SEAL, INC
FOR REHABILITATION OF DETERIORATED SANITARY SEWER LINES AND
APPURTENANT WORK IN AMOUNT OF $147,380 WITH UNDERSTANDING
CONTRACT MAY BE INCREASED BY UP TO 25% C.L. 238
C. APPROVED MUSICAL CONCERT LICENSE FOR HOPE PRESBYTERIAN
CHURCH; AUGUST 4,1996; 7 P.M. TO 9 P.M.
M /Rosenberg , S /Susag to approve the consent calendar.
Motion carried 5 -0.
Item #5
City Manager Prosser reviewed Council Letter No. 239 regarding consideration of a
resolution authorizing a subdivision waiver to allow a split of the parcel at 6816 Morgan
Avenue into two lots.
M /Susag, S /Sandahl to close the public hearing.
Motion carried 5 -0.
M /Sandahl, 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 NO. 8369
RESOLUTION AUTHORIZING SUBDIVISION WAIVER
6816 MORGAN AVENUE
Motion carried 5 -0. This resolution appears as Resolution No. 8369 in Resolution
Book No. 66.
Item #6
Council Meeting Minutes -4- July 22, 1996
City Manager Prosser reviewed Council Letter No. 240 regarding a proposed
ordinance amendment to Section 1100.13 of the Richfield City Code which would provide
for some expansion of charitable gambling (pull tabs) and indicated it would do the
following:
• Permits would be issued to non - profit organizations who have a signed lease
agreement with establishments who hold an "on -sale, non - intoxicating liquor
license" (3.2 beer) or club license.
• The non - profit organization must have been established in Richfield for three years
prior to their application.
• The non - profit organization must have its principle place of business in Richfield.
• The non - profit organization must demonstrate that its services and funds are
substantially performed or spent within or on behalf of Richfield residents.
• Limits the number of permits for any one organization to three.
• Changes the period Council can approve or disapprove an application from 25
days to 60 days.
• Sets out reasons an application can be disapproved to include where the activity
would be detrimental to health, safety and welfare.
• Must comply with all other codes.
• Provides specifically in ordinance form what is or is not permitted.
• Clarifies other parts of the charitable (lawful) gambling ordinance.
City Manager Prosser indicated that the organizations who could qualify for the
licenses include:
• "S. P.O. R.T.Y. ", or its parent, the Richfield Youth Hockey Association
• Other non - profit youth sports organizations
• Other non - profit organizations who support activities for kids; such as band
boosters, etc.
• Non - profit service clubs
• Local non - profit organizations; such as, F.O.W.L., Fourth of July Committee,
Richfield Foundation, etc.
Council Meeting Minutes -5- July 22, 1996
Rick Jabs, 6805 Knox Avenue, spoke on behalf of a volunteer coalition of Richfield
youth sport associations called S.P.O.R.T.Y. (Supporting Program Opportunities for
Richfield's Talented Youth). He stated S.P.O.R.T.Y. was asking that the City Council
approve the ordinance amendment to provide the opportunity for them to utilize the
proceeds from pulltabs to help maintain reasonable fees and provide fee assistance for
those who need help to participate in youth programs. He stated it was important to
provide opportunity for youth to participate in these programs and pulltab proceeds will
help in keeping the programs accessible and affordable for at risk youth. He asked that
the Council reconsider restricting licenses to on -sale non - intoxicating liquor license
establishments and allow the Public Safety Department to approve licenses to any on -sale
liquor establishment that meets their criteria. He stated the on -sale liquor establishments
would provide a higher volume opportunity in a regulated atmosphere.
Tim Erlander, 7500 Thomas Avenue, stated that there is a need to support youth
sports but that gambling is not the appropriate method. He stated that gambling spawns
crime and has a negative impact on the community. He stated gambling can become a
nuisance to an area and impact a neighborhood in the same manner as businesses such
as adult businesses. He noted that the Planning Commission has been looking at
protecting the neighborhoods from the impact of such nuisances. He reviewed the
experience of the Minneapolis Exchange Club with pulltabs indicating there is a lot of time
and effort required for a very small amount of money. He noted that pulltab operations
are decreasing and becoming less profitable. He stated gambling is detrimental to the
community and that other alternatives for fundraising should be explored to support youth
sports. Mr. Erlander suggested that perhaps a portion of the profits from the new fourth
municipal liquor store or telecommunication fees could be used for youth sports or writing
down the cost of ice time at the ice arena.
Bob Lindgren, 6339 -12th Avenue, stated he did not support gambling nor its
purported use to raise money for youth sports. He stated parent involvement is the key
issue for youth sports. He asked the City Council to reject the proposed ordinance
amendment. He suggested that the Council could put a $2 - $3 tax surcharge on each
property in the City for youth sports.
Roger Gordon, 6345 -17th Avenue, stated that the on -sale liquor establishments
were better suited for control than the 3.2 non - intoxicating liquor establishments. He
discussed issues related to gambling in society. He stated that if the Council were to
approve the proposed ordinance they should include on -sale liquor establishments.
Pat Hirabayashi, 7526 -14th Avenue, President of the Richfield Hockey Association,
stated the increased crime related to gambling was related to casinos not pulltabs. She
noted that the VFW and American Legion have pulltabs and there are no apparent
problems. She stated that S.P.O.R.T.Y. feels it can be successful in raising funds from
pull tab sales to help in providing support to youth into gaining access to youth sports
programs. She indicated support from businesses is becoming more difficult but that
S.P.O.R.T.Y. is not requesting tax dollars but rather using voluntary participation by the
purchase of pulltabs. Mrs. Hirabayashi noted that churches, schools, the liquor stores,
Council Meeting Minutes -6- July 22, 1996
gas stations, the VFW, and the American Legion conduct gambling activities in the
community. She stated support for allowing full liquor establishments to be included in the
ordinance.
Jim Young, 2034 Forest Drive, President of the Richfield Soccer Association, spoke
in support of the proposed ordinance indicating the need for support of youth sport
programs and the importance of reaching out to transitional youth.
Bill Swanson, 6500 Woodlake Drive, stated that he had three children who had
played sports and as parents, they had sacrificed to make it possible. He suggested there
are better alternatives than gambling which could be used to support youth sports.
Mary Ann Helget, 7520 Elliot Avenue, spoke in opposition to using pulltabs to
support youth sports.
M /Susag, S /Rosenberg to close the public hearing.
Motion carried 5 -0.
Council Member Rosenberg stated that the expansion of charitable gambling is a
community standards issue. She stated that the community standard and precedent for
allowing gambling in the community exists at bingo at churches, pulltabs at the VFW and
the American Legion, raffles at schools, the lottery tickets at liquor stores and other retail
stores. She stated that it is a different issue if people want to discuss changing the
community standard accepting gambling. She stated she supports S.P.O.R.T.Y. being
able to obtain a license because it would benefit the children of the community. She
suggested that a community forum could be held to discuss the issues of community
standards regarding gambling. She questioned why the opponents did not object when
the pull tab licenses for the VFW and American Legion were approved earlier in the year.
M /Rosenberg, S /Priebe that this constitute Second Reading of Bill No. 1996 -17
amending Section 1100.13 regulating lawful gambling, that it be published in the official
newspaper and that it be made part of these minutes.
Discussion followed regarding the procedure to amend the proposed ordinance to
include on -sale liquor license establishments in addition to the on -sale non - intoxicating
liquor license establishments.
City Attorney Dean suggested the City Council could vote on the amendment to the
proposed ordinance prior to voting on the proposed ordinance.
City Manager Prosser requested that if the Council considers the inclusion of on-
sale liquor license establishments that it be limited to one licensed premises at this time.
M /Susag, S /Sandahl to amend the proposed ordinance to allow one of the three
permitted license premises to be an on -sale liquor license establishment.
Motion carried 4 -1. (Kirsch opposed)
Council Meeting Minutes -7- July 22, 1996
The City Council then considered the main motion on the proposed ordinance as
amended:
M /Rosenberg, S /Priebe that this constitute Second Reading of Bill No. 1996 -17
amending Section 1100.13 regulating lawful gambling, that it be published in the official
newspaper and that it be made part of these minutes.
Motion carried 4 -1. (Kirsch opposed)
City Attorney Dean reviewed the language changes to include licensed liquor
establishments in the ordinance.
Item #7
City Manager Prosser reviewed Council Letter No. 241 regarding consideration of
an interim ordinance which authorizes a study to be conducted and a moratorium to be
imposed on the development of telecommunications towers and antennas in the City until
October 1, 1996. He stated that the moratorium did not apply to ham radio antennas and
towers which are covered by existing regulations.
City Attorney Dean responded to a member of the audience stating that existing
telecommunications antennas and towers in the City are not impacted by the moratorium,
however, recommendations for regulations could result from the study which may impact
them.
M /Sandahl, S /Susag to close the public hearing.
Motion carried 5 -0.
M /Sandahl, S /Priebe that this constitute Second Reading of Bill No. 1996 -18
regulating transmission and reception facilities of telecommunication services, that it be
published in the official newspaper and that it be made part of these minutes.
Motion carried 5 -0.
Item #8
Council Meeting Minutes -8- July 22, 1996
City Manager Prosser reviewed Council Letter No. 242 regarding consideration of a
resolution approving a labor agreement with the Richfield Police Supervisors Bargaining
Unit Local 162 for the years 1996 and 1997 with 1997 reopener provisions for wages and
health and dental insurances.
M /Susag, 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. 8370
RESOLUTION APPROVING LABOR AGREEMENT BETWEEN THE CITY OF
RICHFIELD AND THE RICHFIELD POLICE SUPERVISORS BARGAINING UNIT
LOCAL 162 FOR THE YEARS 1996 AND 1997
Motion carried 5 -0. This resolution appears as Resolution No. 8370 in Resolution
Book No. 66.
Item #9 CONSIDERATION OF FIRST READING OF TRANSITORY ORDINANCE
VACATING PORTION OF WEST 77 -1/2 STREET. C.L. NO. 243
City Manager Prosser reviewed Council Letter No. 243 regarding a proposed
transitory ordinance vacating the north half of West 77 1/2 Street adjacent to the former
Conoco Station, 7700 Lyndale Avenue.
M /Sandahl, S /Susag that this constitute the First Reading of this transitory
ordinance to vacate a portion of West 77 1/2 Street, and that the Public Hearing and
Second Reading of the ordinance be scheduled for the August 26, 1996 City Council
meeting.
Motion carried 5 -0.
Item #10 CONSIDERATION OF APPOINTMENT OF NON - RICHFIELD RESIDENT TO
HUMAN RIGHTS COMMISSION. C.L. NO. 244
City Manager Prosser reviewed Council Letter No. 244 regarding appointment of a
non - resident to the Human Rights Commission.
Council Member Sandahl stated that the Council had earlier interviewed Mr.
Scottye Holloway for consideration of appointment to the Human Rights Commission.
M /Sandahl, S /Susag to appoint Scottye Holloway, a non - resident, as a member of
the Richfield Human Rights Commission for a term to expire January 31, 1999.
Council Meeting Minutes -9- July 22, 1996
Motion carried 5 -0.
Item #11
City Manager Prosser reviewed Council Letter No. 245 regarding consideration of
bid packages #12 through #20 for construction components of The Shops at Lyndale
Wine & Spirits liquor store, 7700 Lyndale Avenue.
M /Sandahl, S /Susag to approve the following actions regarding The Shops at
Lyndale Wine & Spirits liquor store at 7700 Lyndale Avenue:
• Approval of bid package #12 and award contract to Weatherproofing Systems
for single ply roofing in amount of $17,250.
• Approval of bid package #13 and award contract to Brin Northwestern Glass
Co. for aluminum storefront, windows and glazing in amount of $33,500.
• Approval of bid package #14 and award contract to J. S. Cates Construction Co.
for rough carpentry, architectural casework, specialties and related work in
amount of $27,500.
• Approval of bid package #15 and award of contract to M.G. McGrath for
standina seam metal roofina and related work in amount of $19,688.
• Approval of bid package #16 and award of contract to Flag Builders, Inc. for
drywall, light gauge framing and related work in amount of $28,295.
• Approval of bid package #17 and award of contract to Olympic Wall Systems for
exterior insulated finish system and related work in amount of $18,560.
• Approval of bid package #18 and award of contract to Skillman's Painting, Inc.
for painting and related work in amount of $9,321.
• Approval of staff request to seek quotes for bid package #19. The estimated
bid is less than $25,000.
• Approval of bid package #20 and award of contract to Grazzini Bros. for tile
work in amount of $4,820.
Motion carried 4 -1
Item #12
(Priebe opposed)
Council Meeting Minutes -10- July 22, 1996
City Manager Prosser reviewed Council Letter No. 246 recommending the
scheduling of special meetings of the City to review and discus the 1996 Revised /1997
Proposed budgets and setting of the 1997 preliminary tax levy of the City.
M /Sandahl, S /Rosenberg to set the date of August 28, 1996 and September 4,
1996 (if necessary) as Special City Council meetings to review and discuss the 1996
Revised /1997 Proposed Budgets and Preliminary Tax Levy prior to certification to the
Hennepin County on September 15, 1996.
Motion carried 5 -0.
City Manager Prosser reviewed and discussed issues related to the increased
airplane noise being experienced in north Richfield.
Discussion followed regarding the impact of the current runway reconstruction on
operations which have resulted in the increased noise and the higher percentage of the
noisier Stage II in the Northwest Airlines fleet.
City Manager Prosser stated that the Runway 4 -22 Extension has been approved
for international flights and temporary use as a detour runway during the parallel runway
reconstruction. He stated Richfield was successful in stopping approval of permanent use
of Runway 4 -22 for flights other than international flights. He reviewed the status of the
proposed third parallel runway and indicated that MAC is preparing an EIS for the project.
No report.
Council Member Rosenberg asked about the status of notification regarding the
Open House about the West 76th Street Reconstruction Project.
City Engineer Eastling stated that the notifications will be mailed on July 23.
Council Meeting Minutes -11- July 22, 1996
Council Member Rosenberg asked about the status of weight restrictions on West
76th Street and West 70th Street noting that there was a three ton limit on West 76th
Street and a four ton limit on West 70th Street.
City Engineer Eastling indicated that the three ton limit on West 76th Street was
due to the structural condition of the street and would be removed after reconstruction
because it is a Municipal State Aid (MSA) street. He stated that changing the restrictions
on West 70th Street could be considered along with the other traffic calming measures
being proposed for West 70th Street.
Council Member Susag clarified that although Mr. Holloway, the new non - resident
member of the Human Rights Commission, is not a resident of Richfield, he is the pastor
of a church located in Richfield.
Council Member Susag reviewed the visit of the Costa Rica soccer team and
acknowledged the work of Bonnie Blaylock for making the arrangements.
Council Member Susag invited the public to the Richfield Optimist Hole -in -One
Contest which will be held at the athletic field at 70th Street and Lyndale Avenue on July
25 -27, 1996.
M /Sandahl, S /Rosenberg that the following claims and payrolls be approved:
RICHFIELD BANK & TRUST CO.
Checks: 21280- 21324; 60046 -60303 $171427278.54
FIRSTAR BANK
Checks: 9055 -9056 $ 2507880.00
Payroll: 96772- 96806; 97005 -97381 $ 4437473.66
Motion carried 5 -0.
The meeting was adjourned by unanimous consent at 8:36 p.m.
Date Approved:
Thomas P. Ferber
City Clerk
Martin J. Kirsch
James D. Prosser
City Manager
Mayor