02-12-1990CITY OF RICHFIELD, MINNESOTA
REGULAR CITY COUNCIL MEETING
February 12, 1990
MEMBERS PRESENT: Steven Quam, Mayor; Edwina Garcia; Ivan
Ludeman; Martin Kirsch; and Michael Sandahl.
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; and John Dean,
City Attorney.
The meeting was called to order by Mayor Quam at 7:00 p.m.
PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE
Mayor Quam led the audience in the Pledge of Allegiance.
APPROVAL OF MINUTES
M/Sandahl, S/Kirsch to approve the minutes of the Special
City Council Meeting of October 18, 1989; the minutes of the
regular City Council Meeting of January 22 1990; and the minutes
of the Study, Session of February 5, 1990.
Motion carried 5-0.
Item #1 PRESENTATION OF CHECK FOR RECYCLING EXPENSE
REIMBURSEMENT BY HENNEPIN COUNTY COMMISSIONER RANDY
JOHNSON.
Randy Johnson, Hennepin County Commissioner, presented a
check from Hennepin County in the amount of $73,546 to Mayor Quam
for reimbursement of recycling costs. He praised the City for
its achievements in exceeding Hennepin County recycling goals.
Council Meeting Minutes -2- February 12, 1990
Item #2 SPECIAL RECOGNITION OF THREE TERM FORMER CITY
COMMISSION MEMBERS, CONNIE HURRAY, RICHARD HOLT, TOLLIE
FLIPPIN, JACK DUICH, JANE MYRE.
The City Council recognized former City Commission members
Connie Murray, Richard Holt, Tollie Flippin, Jack Duich, and Jane
Myre for their community volunteer service of three terms.
Connie Murray, Richard Holt, and Tollie Flippin were present to
receive their momentos from Mayor.Quam.
ITEM #3 PRESENTATION OF THE ADVISORY HOARD OF HEALTH'S ANNUAL
REPORT. C.L. NO. 34
Randy Roehl, 1989 Chair of the Richfield Advisory Board of
Health, presented the Richfield Advisory Hoard of Health's 1989
Annual Report to the City Council.
M/Ludeman, S/Kirsch to accept and approve the Richfield
Advisory Board of Health's 1989 Annual Report.
Motion carried 5-0.
Item #4 PROCLAMATION FOR FREE ENTERPRISE - RICHFIELD HIGH
SCHOOL DECA.
Richfield High School students Jody Harmon and Darivahn
Manikhong gave a presentation regarding the free enterprise
system and Richfield High School DECA activities.
Item #5 OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL
ON ANY ITEM NOT LISTED ON THE AGENDA.
Scott Freeman, President of the East Richfield Girls
Softball, asked that signs be posted to prohibit use of the
archery range during softball games and that the City mow the
softball area.
City Manager Prosser stated that the Community Services
Commission would review these issues for a recommendation to the
City Council within 30 days.
Council Meeting Minutes
-3- February 12, 1990
Item #6 COUNCIL APPROVAL OF AGENDA
M/Garcia, S/Sandahl to approve the agenda.
Motion carried 5-0.
Item #7 CONSENT CALENDAR
A. APPROVED PURCHASE IN EXCESS OF $5,000 FOR REMOVAL AND
REINSTALLATION OF DEEP WELL TURBINE #1 FROM KEYS WELL
DRILLING CO. IN THE AMOUNT OF $5,690. C.L. NO. 36
H. APPROVED PURCHASE IN EXCESS OF $5,000 FOR THE
INSTALLATION OF WELL #7 REPLACEMENT PUMP FROM E.H.
RENNER & SONS IN THE AMOUNT OF $7,129. C.L. N0. 37
C. APPROVED PURCHASE OF A 16' HYDROSTATIC ROTARY MOWER
FROM MTI DISTRIBUTING COMPANY IN THE AMOUNT OF $26,280.
C.L. NO. 38
D. AWARDED CONTRACT FOR THE PURCHASE OF THREE TRUCKS
THROUGH HENNEPIN COUNTY JOINT BID PROCESS FOR
$128,933.91 FROM BOYER FORD TRUCKS, NORTH STAR
INTERNATIONAL AND MIDLAND EQUIPMENT. C.L. N0. 39
E. APPROVED PURCHASE IN EXCESS OF $5,000 FOR MSA COMPUTER
LINK FROM AMERIDATA IN THE AMOUNT OF $7,828.
C.L. N0. 40
F. APPROVED CONTRACT WITH EBA FOR WORKERS COMPENSATION
ADMINISTRATION. C.L. N0. 41
M/Ludeman, S/Sandahl to approve the consent calendar.
Motion carried 5-0.
Item #8 ADMINISTRATIVE HEARING ON PROPOSED REVOCATION OF KENNEL
LICENSE AT 6337 21ST AVENUE. C.L. N0. 42
"City Manager Prosser reviewed Council Letter No. 42
recommending revocation of the residential kennel license of
Janet Morrison, 6337 21st Avenue.
Council Meeting Minutes
-4- February 12, 1990
Tom Rowe, 800 Transfer Road, St. Paul, spoke as counsel for
Janet Morrison. He suggested that this issue be submitted to
mediation. He indicated Mrs. Morrison is willing to improve the
situation and install a taller privacy fence. He stated Mrs.
Morrison would keep the dogs within the kennel until the fence is
built.
Janet Morrison, 6337 21st Avenue, stated she has tried to
communicate with the neighbors and address their concerns.
Bill Pappin, 6336 22nd Avenue, stated ooncerns about odor
and barking related to the dogs at 6337 21st Avenue.
Doris Ross, 6341 21st Avenue, stated concerns about odor,
barking, and the dogs charging the fence at 6337 21st Avenue.
Terry McEachern, 6333 21st Avenue, stated that the problems
could be alleviated by the taller fence.
Mrs. Hefferan, 6345 21st Avenue, stated concerns about
feces, odor, and fear that the dogs may dump the fence at 6337
21st Avenue.
Mavis Thelen, 6332 21st Avenue, stated that the dogs were
o.k. with her kids and that Mrs. Morrison picks up the yard.
Peggy Semanko, 6337 21st Avenue, stated she lives with Mrs.
Morrison and that the dogs are gentle, don't dump the fence, and
that the yard doesn't smell.
Betsy Christensen, Health Administrator, reviewed the animal
control and environmental health contacts with Mrs. Morrison and
the response to these contacts.
Mayor Quam stated he had viewed the property and was very
concerned about the conditions there. _
Council Member Ludeman stated that there has been a 3 year
history of problems and that he supports the revocation of the
license.
Council Member Garcia stated that ample time had been given
to resolve the issues.
M/Ludeman, S/Sandahl to close the public hearing.
Motion carried 5-0.
Council Meeting Minutes
-5- February 12, 1990
M/Ludeman, S/Garcia 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. 7603
RESOLUTION REVOKING RESIDENTIAL KENNEL LICENSE
(6337 - 21ST AVENUE SOUTH)
Motion carried 5-0. This resolution appears as Resolution
No. 7603 in Resolution Book No. 58.
Item #9 SECOND READING AND PUBLIC HEARING ON AN ORDINANCE
AMENDMENT TO EXPAND THE MEMBERSHIP OF THE HUMAN RIGHTS
COMMISSION FROM TEN TO THIRTEEN MEMBERS. C.L. NO. 43
City Manager Prosser reviewed Council Letter No. 43
regarding a proposed ordinance amendment to increase the
membership of the Human Rights Commission from ten members to
thirteen members.
Gordon Anderson, 7501 Elliot Avenue, Chair of the Human
Rights Commission, spoke in support of the proposed ordinance
amendment.
M/Ludeman, S/Kirsch to close the public hearing.
Motion carried 5-0.
M/Sandahl, S/Quam that this constitute Second Reading of
Hill No. 1990-2, Amendment_to-Chapter III. Section 305 -
Administration: commissions; boards Section 305.01 Subd. 4
Composition of the commission, that it be published in the
official newspaper and that it be made part of these minutes.
Motion carried 5-0.
Item #10 SECOND READING AND PUBLIC HEARING OF AN AMENDMENT
CHANGING THE EFFECTIVE DATE OF THE RENTAL LICENSING AND
POINT OF SALE ORDINANCE FROM MARCH 1, 1990 TO OCTOBER
1, 1990. C.L. NO. 44
City Manager Prosser reviewed Council Letter No. 44
regarding a proposed ordinance amendment to change the
implementation date of the rental licensing and point of sale
ordinance from March 1, 1990 to October 1, 1990.
Council Meeting Minutes -6- February 12, 1990
M/Sandahl, S/Kirsch to close the public hearing.
Motion carried 5-0.
M/Sandahl, S/Ludeman that this constitute Second Readina of
Hill No. 1990-3 Amendment to Chapter IV Part III, subsections
405.25 and 405.26 - Building, Housing and Construction
Regulations. that it be published in the official newspaper and
that it be made part of these minutes.
Motion carried 5-0.
Item #11 FIRST READING OF A TRANSITORY ORDINANCE PROVIDING
FUNDING FOR CERTAIN CAPITAL IMPROVEMENTS FROM THE
SPECIAL REVENUE FUND. C.L. NO. 45
City Manager Prosser reviewed Council
regarding a proposed transitory ordinance
1990 capital improvements from the Special
Master Park Plan Study
Veterans Memorial Park
City Hall Sprinkler System
City Hall Utilization Study
Letter No. 45
to fund the following
Revenue Fund:
$ 30,000
245, 000
15,000
10,000
$300,000
Council Member Ludeman stated his opposition to using the
Special Revenue Fund for projects not related to parks and
recreation.
Council Member Sandahl stated that the Special Revenue Fund
had historically been mostly used for park improvements. He
stated he would support the proposed ordinance now, but favored
focusing the fund on park improvements.
Council Member Kirsch asked if these proposed expenditures
were in the 1990 Budget.
City Manager Prosser stated that these capital project
expenditures were in the 1990 Capital Improvement Budget (CIB)
and adopted 1990 Budget. He stated the transitory ordinance is
necessary to provide for the expenditure of funds from the
Special Revenue Fund.
J
Mayor Quam stated that the issue of policy regarding the
expenditure of the Special Revenue Fund was valid and merits
further review in the future.
Council Meeting Minutes -7- February 12, 1990
M/Sandahl, S/Quam that this constitute the First Reading of
this Transitory Ordinance and that the Public Hearinq and Second
Reading of the ordinance be scheduled for the February 26 1990
City Council meeting.
Motion carried 4-l. (Ludeman opposed)
Item #12 RESOLUTION DECLARING EARTH DAY, APRIL 22, 1990 FOR A
MORE ECOLOGICALLY SOUND LIFE STYLE. C.L. NO. 46
City Manager Prosser reviewed Council Letter No. 46
regarding a resolution designating April 22, 1990 as Earth Day,
1990 in the City of Richfield.
M/Ludeman, S/Garcia 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. 7604
RESOLUTION DECLARING APRIL 22, 1990 AS EARTH DAY 1990
Motion. carried 5-0. This resolution appears as Resolution
No. 7604 in Resolution Book No. 58.
Item #13 CONSIDERATION OF A RESOLUTION TO INCLUDE 76TH AND PENN
AVENUE ROADWAY IMPROVEMENTS IN FIVE YEAR COUNTY PROGRAM
C.L. N0. 47
City Manager Prosser reviewed Council Letter No. 47
regarding a resolution requesting Hennepin County to include
roadway improvements at 76th Street and Penn Avenue in 1992 as
part of the next five year Hennepin County Roadway Plan.
M/Kirsch, 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. 7605
RESOLUTION REQUESTING HENNEPIN COUNTY
TO INCLUDE ROADWAY IMPROVEMENTS AT
76TH STREET"AND PENN AVENUE SOUTH AS PART OF THE
NEXT FIVE YEAR HENNEPIN COUNTY ROADWAY PLAN
Motion carried 5-0. This resolution appears as Resolution
No. 7605 in Resolution Book No. 58.
Council Meeting Minutes
-8- February 12, 1990
Item #14 CONSIDERATION OF A RESOLUTION REGARDING NORTHWEST
AIRLINES A320 MAINTENANCE FACILITIES AT MSP. C.L.NO. 48
City Manager Prosser reviewed Council Letter No. 48
regarding a proposed resolution which supports locating the
Northwest Airlines A320 Maintenance Facility at the MSP Airport
and requests City involvement in planning for the location.
Lawrence Wozniczka, 6744 Wentworth Avenue, stated concern
about potential impacts on Richfield and suggested that the City
give preference to one of the 3 potential sites on airport
property.
The City Council expressed it's general support for locating
the facility at the MSP Airport and the importance of being
involved in the planning process with MAC.
M/Ludeman, S/Sandahl that the following resolution be
adopted; that it be spread in the resolution book and that it be
made part ®f' these minu~i,es
RESOLUTION NO. 7606
RESOLUTION REGARDING
NORTHWEST AIRLINES' A320 MAINTENANCE FACILITIES
AT MINNEAPOLIS/ST.PAUL INTERNATIONAL AIRPORT
Motion carried 5-0. This resolution appears as Resolution
No. 7606 in Resolution Book No. 58.
Item #i5 CONSIDERATION OF APPROVAL OF PAYMENT FOR NEW FORD TOWN
DEVELOPMENT CONSULTANT SERVICES. C.L. N0. 49
City Manager Prosser reviewed Council Letter No. 49
regarding council authorization of payment for consulting
services related to the New Ford Town Redevelopment alternatives.
The City Council complemented the work that Mr. Martinson
had performed regarding the New Ford Town Redevelopment concepts.
M/Sandahl, S/Kirsch to authorize payment of 59803 36 to Tom
Martinson for consulting services provided for the New Ford Town
Redevelopment Alternative Concepts.
Motion carried 5-0.
Council Meeting Minutes
-9- February 12, 1990
Item #16 CONSIDERATION OF A CONTRACT SUPPLEMENT TO THE 1494
ENVIRONMENTAL IMPACT STATEMENT (EIS) AGREEMENT.
C.L.N0.50
City Manager Prosser reviewed Council Letter No. 50
regarding a proposed contract supplement to the 1494
Environmental Impact Statement (EIS) Agreement. He stated the
mayor features of the supplement are:
- The percent cost share was modified to account for the
larger scope (change from 3.0$ to 2.7~ for Richfield).
The percent for each city is proportional to projected
2010 I494 Corridor trip generation for each city.
- The maximum payment for Richfield increased from $27,000
to $34,290.
- A fourth payment was added in April, 1992. In essence,
this means that Richfield's maximum payment increase can
be paid in 1992 and that payments for 1990 and 1991 will
be about the same as contemplated in the original
contract.
- Language in Section 5.32 states that MnDot is responsible
for future cost increases, unless the cost increases
result from unbudgeted studies or meetings requested by a
City.
M/Sandahl, S/Kirsch to approve the contract supplement for
the I494 EIS and authorize the mayor and city manager to execute
the contract supplement on behalf of the City of Richfield.
Motion carried 5-0.
Item #17 CONSIDERATION OF RECOMMENDATION BY BOARD OF HEALTH TO
CONSIDER AN ORDINANCE TO BAN CIGARETTE VENDING MACHINES
IN RICHFIELD. C.L. NO. 51
City Manager Prosser reviewed Council Letter No. 51
regarding a proposed ordinance amendment which would prohibit the
sale of cigarettes or tobacco products from vending machines in
the City of Richfield.
Council Member Ludeman suggested the possibility of adopting
a local ordinance prohibiting the sale of cigarettes to .minors to
strengthen the message to youth.
Council Meeting Minutes -10- February 12, 1990
City Attorney Dean reviewed the State law prohibiting the
sale of cigarettes to minors.
M/Sandahl, S/Kirsch that this constitute the First Readin_a
of this ordinance, Amendment to Chapter XI,, Subsection 1145 03•
and that the Public Hearing and Second Reading of the ordinance
be scheduled for the March 12, 1990 City Council Meeting.
Motion carried 5-0.
Item #18 CONSIDERATION OF CDBG THIRD PARTY AGREEMENT. C.L. N0.52
City Manager Prosser reviewed Council Letter No. 52
regarding consideration of authorization of a Third Party
Agreement with Senior Community Services for the HOME program.
M/Sandahl,. S/Ludeman to authorize execution of a 1989-1990
.(Year XV) Urban Hennepin County Community Block Grant (CDBG)
Third Party Aareement with Senior Community Services for the HOME
Prograta.
Motion carried 5-0.
Item #19 CONSIDERATION OF APPOINTMENT OF COUNCIL MEMBERS TO
LIAISON POSITIONS. C.L. NO. 53
Mayor Quam reviewed Council Letter No. 53 regarding the 1990
City Council liaison appointments for various boards and
agencies.
M/5andahl, S/Ludeman to aRprove the following City Council
liaison appointments for 1990:
AGENCY
ASSOCIATION METRO MUNICIPALITIES (AMM)
1190 LIAISON
Steve Quam, Rep.
Ivan Ludeman, Alt.
SOUTHWEST SUBURBAN CABLE COMMISSION
James Prosser, Dir.
Ivan Ludeman, Dir.
Steve Quam, Alt.
Steven Devich, Alt.
NOISE Michael Sandahl, Rep.
1
Council Meeting Minutes
LEAGUE OF MINNESOTA CITIES (LMC)
METROPOLITAN AIRCRAFT SOUND
ABATEMENT COUNCIL
RICHFIELD SCHOOL DISTRICT
STOREFRONT/YOUTH ACTION, INC.
ADVISORY BOARD OF HEALTH
-11-
COMMUNITY SERVICES ADVISORY COMMISSION
HUMAN RIGHTS COMMISSION
HUMAN SERVICES COMMISSION
PLANNING COMMISSION
SISTER CITY INTERNATIONAL
February 12, 1990
Steve Quam, Rep.
James Prosser, Alt.
Edwina Garcia, Rep.
Don Priebe, Rep.
Michael Sandahl, Alt.
James Prosser, Alt.
Steve Quam, Lia.
Michael Sandahl, Alt.
Jack Erskine, Lia.
Ivan Ludeman, Alt.
Martin Kirsch, Lia.
Edwina Garcia, Alt.
Edwina Garcia, Lia.
Ivan Ludeman, Alt.
Steve Quam, Lia.
Edwina Garcia, Alt.
Martin Kirsch, Lia.
Steve Quam, Alt..
Martin Kirsch, Lia.
Edwina Garcia, Alt.
Steve Quam, Lia.
James Prosser, Alt.
Motion carried 5-0.
M/Sandahl, S/Ludeman that the following resolution be
adopted; that it be spread in the resolution book and that it be
made dart of these minutes:
RESOLUTION N0. 7607
RESOLUTION DESIGNATING DIRECTOR AND ALTERNATE
DIRECTOR TO SUBURBAN AUTHORITY
Motion carried 5-0. This resolution appears as Resolution
No. 7607 in Resolution Book No. 58.
Council Meeting Minutes
-12- February 12, 1990
Item #20 REAPPOINTMENTS TO ADVISORY BOARD OF HEALTH, COMMUNITY
SERVICES COMMISSION AND HUMAN RIGHTS COMMISSION.
C.L. NO. 5
Mayor Quam reviewed his recommendation for several
reappointments to City Hoards and Commissions.
N!/Sandahl, S/Kirsch to approve the following appointments:
Advisory Board of Health Term Ex~
Kevin Keller January 31,
Lois DeGonda January 31,
Community Services Commission Term Exi
Rebecca Jaggars January 31,
Human Rights Commission Term Ex~
Mahesh Gundovi (student member) January 31,
Motion carried 5-0.
ip res
1992
1992
~i, .res '
1993
sires
1991
Item #21 APPOINTMENT OF MAYOR PRO TEMPORE AND ACTING CITY
MANAGER. C.L. N0. 55
Mayor Quam recommended the appointment of Council Member
Edwina Garcia as-Mayor Pro Tempore and Administrative Services
Director Steven Devich as Acting City Manager for 1990.
M/Sandahl, S/Quam to approve the designation of Council
Member Edwina Garcia to serve as Mayor Pro Tempore for 1990 and
the designation of Administrative Services Director Steven Devich
as the Acting City Manager for 1990.
Motion carried 5-0.
Item #22 LEGISLATIVE REPORT
None
Council Meeting Minutes -13-
k
LL
I
Item #23 COUNCIL DISCUSSION ITEMS
i
None
February 12, 1990
i`
Item #24 CLAIMS AND PAYROLLS .
i
M/Ludeman, S/Garcia that the following claims an payroll
'be , a~~roved :
RICHFIELD STATE BANK
Checks 12395-12468; 108570-108956 $ 957,43'5.17
FIRST MINNESOTA
~° Check 1101 $ 25,000.00
. FIRST WESTERN BANK
Checks 5385-5.422 $1,997.,07.5.04
~~ Checks 33779-34156 Payroll $ 333,.801.29
`' Motion carried 5-0.
ADJOURNMENT
The meeting was adjourned by unanimous Dons at 8: p
Date Approved: 2/26/90 ~ ;
Ste n Q Mayor
~~
T omas P. Ferber J e D. Prosser
City Clerk C t Manager