11-26-1990CITY OF RICHFIELD, MINNESOTA
REGULAR CITY COUNCIL MEETING
November 26, 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/Kirsch, S/Garcia to approve the minutes of the Special
City Council Meeting of October 22 1990; the minutes of the
Regular City Council Meeting of October 22~ 1990; the minutes of
the Special City Council Meeting of October 29. 1990; the minutes
of the Special City Council Meeting of November 8, 1990; and the
minutes of the Study Session Meeting of November 14, 1990.
Motion carried 5-0.
Item #1 OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL
ON ANY ITEM NOT LISTED ON THE AGENDA.
Ernest Lindstrom, 7406 Fremont Avenue, announced a Citizens
hearing regarding the administration of the City. The hearing,
organized by Mr. Lindstrom and Robert Wagner, will be held on
Tuesday, December 4, 1990 at the Richfield High School Cafeteria.
Mayor Quam asked why Mr. Lindstrom had not brought his
concerns to the Mayor or City Council but instead chose to go
outside normal channels. He reviewed the role of the Community
Services Commission in recreation activities.
Council Meeting Minutes -2- November 26, 1990
Mr. Lindstrom reviewed his concerns regarding recent timing
of repairs of the Augsburg Park tennis courts interrupting a
school tennis match and a response letter from the City Manager
regarding this issue. He also stated that Item #11 on the agenda
was out of order and should be withdrawn as inappropriate because
there is no vacancy on the council yet. He indicated he called a
citizens hearing to hear and submit citizen concerns to elected
officials regarding city administration.
City Attorney Dean stated that it was proper to have Item
#il on the agenda.
Item #2 COUNCIL APPROVAL OF AGENDA
M/Ludeman, S/Kirsch to remove Item #11 Resolution Declaring
a Vacancy on the City Council, C.L. No. 288, from the agenda.
Motion failed 2-3. (Garcia, Quam, Sandahl opposed)
City Attorney Dean reviewed issues regarding council member
resignation.
Barbara Elliot, 6741 Harriet Avenue, commented on the
resignation and vacancy process.
Ernest Lindstrom, 7406 Fremont Avenue, stated that the item
should not be on the agenda because no resignation letter was in
the agenda and therefore there was no vacancy to consider. He
stated concerns about the city administration and how the process
was being handled.
Council Member Garcia asked Council Member Kirsch if he had
spoken with Mr. Prosser regarding any question about this item.
Council Member Kirsch stated he had lunch with Mr. Prosser
and had discussed that item.
Council Member Garcia indicated she had issued a press
release indicating she was going to resign.
Council Member Kirsch stated he had wished the resignation
had been provided as part of the agenda.
Council Member Garcia indicated she had not yet typed it
until today.
Mayor Quam stated it is appropriate to have items on the
agenda anticipating council action on something that may happen
so that the Council can decide to act or not at the meeting.
Council Meeting Minutes -3- November 26, 1990
Council Member Ludeman stated Council Member Garcia's
resignation should have been included in the agenda and the
vacancy should not be on the agenda.
City Manager Prosser stated City Council members had
discussed with the City Attorney vacancy process at their
November 14 meeting.
Mayor Quam stated he had requested this item be put on
agenda for City Council to act or not act upon depending on
whether or not Council Member Garcia resigns.
M/Quam, S/Garcia to approve the agenda.
Motion carried 3-2. (Kirsch, Ludeman opposed)
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Item #4 CONSENT CALENDAR
Council Member Ludeman requested removal of Consent calendar
Item 3L. PAYMENT & ESTIMATE G.C. STRASBURG (CURB, CUTTER)
$24,900.83 from consideration on the 11/26 Agenda and that Item
3HA. ADOPTION OF RESOLUTIONS MAKING ADJUSTMENT IN COMPENSATION OF
EMPLOYEES COVERED IN THE GENERAL SERVICES, MANAGEMENT AND
SPECIALIZED PAY PLANS be removed from the Consent Calendar and
placed on the regular agenda.
Mayor Quam stated that Item 3L. would be removed from
consideration and that Item 3HA would be placed on the agenda for
consideration as Item #11A.
A. APPROVED SETTING DATE OF HEARING FOR DECEMBER 10, 1990
TO CONSIDER RENEWAL OF WINE LICENSES. C.L. N0. 270
H. APPROVED SETTING DATE OF HEARING FOR DECEMBER 10, 1990
CONSIDER RENEWAL OF ON-SALE LIQUOR LICENSES.
C.L. NO. 271
C. APPROVED AWARD OF CONTRACT FOR 1991 PURCHASE OF QUICK
LIME TO LOWER WATER HARDNESS FROM CUTLER MAGNER AT AN
ESTIMATED TOTAL PURCHASE PRICE OF $93,030 FOR 1991.
C.L. N0. 272
D. APPROVED PURCHASE IN EXCESS OF $5,000 FOR
HYDROFLUORSILIC ACID, USED IN WATER TREATMENT.
C.L. N0. 273
E. APPROVED PURCHASE IN EXCESS OF $5,000 FOR CARBON
DIOXIDE USED IN WATER TREATMENT FROM KOCH DIOXIDE AT
APPROXIMATELY $11,000. C.L. N0. 274
Council Meeting Minutes -4- November 26, 1990
F. APPROVED AWARD OF CONTRACT FOR 1991 DISPOSAL OF LIME
BY-PRODUCT FROM THE DEWATERING PRESSES TO ANDERSON
EXCAVATING AND DRAINAGE IN THE ESTIMATED AMOUNT OF
$52,000. C.L. NO. 275
G. APPROVED RESOLUTION DESIGNATING CITY'S CONTRIBUTION
TOWARD HEALTH, TERM LIFE AND DENTAL INSURANCE PREMIUM
FOR GENERAL SERVICES AND MANAGEMENT EMPLOYEES.
C.L. NO. 276
RESOLUTION NO. 7678
RESOLUTION DESIGNATING CITY'S CONTRIBUTION
TOWARD HEALTH, TERM LIFE AND DENTAL INSURANCE
PREMIUM FOR GENERAL SERVICES AND MANAGEMENT EMPLOYEES
This Resolution appears as Resolution No. 7678 in Resolution
Book No. 59.
H. APPROVED RESOLUTION ADOPTING THE CITY OF RICHFIELD
MEDICAL AND DAY CARE REIMBURSEMENT PLAN. C.L. N0. 277
RES®LUTI®N N®. 7679
RESOLUTION ADOPTING A FLEXIBLE SPENDING ACCOUNT PROGRAM
FOR FULL-TIME PERMANENT, FULL-TIME PROJECT
AND PART-TIME PERMANENT EMPLOYEES
This Resolution appears as Resolution No. 7679 in Resolution
Book No. 59.
HA. Removed from Consent Calendar and placed on regular
agenda as Item #11A.
I. AUTHORIZED SELECTION OF DELOITTE & TOUCHE FOR AUDIT
SERVICES FOR THE ONE YEAR PERIOD ENDING DECEMBER 31,
1990. C.L. N0. 278
J. APPROVED AMENDMENT TO OFFSTREET PARKING PERMIT AT 1300
EAST 66TH STREET TO PERMIT AN ADDITION TO THE REAR OF
THE BUILDING. C.L. NO. 279
K. APPROVED AWARD OF CONTRACT FOR PURCHASE OF FIRE RESCUE
TRUCK AND APPARATUS FROM ROAD RESCUE, INC. IN THE
AMOUNT OF $60,56. C.L. NO. 280
L. Removed from Consent Calendar; to be considered at next
regular City Council Meeting.
M. APPROVED PAYMENT & ESTIMATE TENNIS WEST TENNIS COURT
REPAIR, FIRST AND FINAL, $38,683.00.
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Council Meeting Minutes
-5- November 26, 1990
M/Ludeman, S/Sandahl to approve the consent calendar as
amended.
Motion carried 5-0.
Item #4 DISCIPLINARY HEARING FOR SANDY'S TAVERN, 6612 PENN
AVENUE RELATING TO ALLEGED SALE OF ALCOHOL TO A MINOR.
C.L. NO. 281
City Manager Prosser reviewed Council Letter No. 281
regarding the proposed suspension of the non-intoxicating malt
license of Sandy's Tavern for a period of two consecutive days
based upon an alleged illegal sale of alcohol to a minor.
Jeffrey Erickson, Co-owner of Sandy's tavern, reviewed
measures which have been taken to assure that sales to minors do
not occur.
M/Ludeman, S/Kirsch to close the public hearing,.
Motion carried 5-0.
M/Ludeman, S/Kirsch 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. 7680
RESOLUTION SUSPENDING NON-INTOXICATING MALT LIQUOR LICENSE
AND AUTHORIZING EXECUTION OF STIPULATION
(SANDY'S TAVERN - 6612 PENN AVENUE SOUTH)
Motion carried 5-0. This resolution appears as Resolution
No. 7680 in Resolution Book No. 59.
Item #5 PUBLIC HEARING AND CONDITIONAL USE PERMIT AND
OFFSTREET PARKING AT 1200 EAST 78TH STREET, TO PERMIT A
VEHICLE EMISSION TESTING FACILITY. C.L. NO. 282
City Manager Prosser reviewed Council Letter No. 281
regarding a request by Systems Control, Inc. for a conditional
use permit and off-street parking permit at 1200 East 78th Street
for a vehicle emission testing facility.
Council Meeting Minutes -6- November 26, 1990
Walter Rockenstein, Faegre & Benson Attorney representing
Systems Control, Inc. reviewed the operation of the proposed
facility stating it meets all of the requirements for a
conditional use permit, is consistent with redevelopment plans,
and promotes the public welfare.
Allen Klugman, Westwood Professional Services, reviewed the
internal and external traffic operations of the site. He
reviewed a 1986 traffic study by Benshoof and Associates, Inc.
for a proposed restaurant at the site. He then reviewed a
traffic study by Westwood Professional Services of the site. He
stated the studies showed adequate capacity for this use. He
answered questions regarding traffic patterns, turn movements,
and service area.
Walter Rockenstein reviewed air quality issues from a letter
by consultant Dr. Braslau indicating no negative air quality
impact from the facility.
Shirley Johnson, 7609 12th Avenue, challenged the traffic
information provided by the consultant.
Mary Tetz~la~tg, 7633 l~.th Avenue, spoke in opposition to the
facility stating it was not compatible with the residential area.
Jay Tetzlaff, 7609 12th Avenue, spoke in opposition to the
facility challenging the traffic projections and it's negative
impact on pedestrians and the neighborhood.
Barbara Elliot, 6741 Harriet Avenue, asked what impact the
facility would have on the tax base.
City Manager Prosser indicated that it was a private
corporation and would pay taxes.
Shannon KilKenny, 6626 10th Avenue, asked questions
regarding proposed hours of operation and the impact of the 1494
studies on the intersection.
The hours of operation were stated as 7:00 A.M. - ?:30 P.M.
Tuesday & Thursday, 7:00 A.M. - 5:30 P.M. Wednesday & Friday,
8:00 A.M. - 2:00 P.M. Saturday, and closed Sunday & Monday. It
was indicated that the I494 Studies called for the closing of the
12th Avenue access.
M/Ludeman, S/Kirsch to close the public hearing.
Motion carried 5-0.
Council Member Ludeman suggested that provision be made to
acquire additional right of way to widen 12th Avenue before any
development is built on this site.
Council Meeting Minutes -7- November 26, 1990
Council Member Garcia stated that she opposed approving the
permit because of the uncertainity of 1494 improvements and the
negative impact it would have on the neighborhood.
Council Member Kirsch stated that he opposed approving the
permit because it was not in the best interest of the City or the
neighborhood.
Mayor Quam stated he opposed approving the permit because of
concerns about the traffic patterns, negative impact on the
residential area, and impact on the health, safety, and welfare.
M/Ludeman, S/Kirsch to deny the request of Systems Control,
Inc. for a conditional use permit and off-street parking permit
at 1200 East 78th Street for a vehicle emission testing facility
on the basis of recommendation and_=easons contained in Council
Letter No. 282.
Motion carried 5-0.
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Item #6 CONSIDERATION OF MODIFICATION NO. 1 TO THE CEDAR AVENUE
BUSINESS AREA (CABA) REDEVELOPMENT PLAN AND TAX
INCREMENT PLAN. C.L. NO. 283
City Manager Prosser reviewed Council Letter No. 283
regarding a proposed modification to the Cedar Avenue Business
Area (CABA) Redevelopment Plan and tax Increment Plan.
Council Member Ludeman questioned what use would be made of
the funds in the line item T.I.F. District No. 1252 Fund.
Community Development Director Wallace indicated that this
fund would amount to about $350,000 which could in the future be
used for redevelopment assistance in the CABA District.
Council Member Ludeman indicated that the HRA and City
Council would establish the use of the funds.
M/Ludeman, S/Quam to close the public hearing.
Motion carried 5-0.
Council Meeting Minutes
-8.- November 26, 1990
M/Ludeman, 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. 7681
RESOLUTION APPROVING A MODIFIED REDEVELOPMENT PLAN
AND TAX INCREMENT FINANCING PLAN FOR THE
CEDAR AVENUE BUSINESS AREA PROJECT
Motion carried 5-0. This resolution appears as Resolution
No. 7681 in Resolution Book No. 59.
Item #7 PUBLIC HEARING AND SECOND READING OF AN AMENDMENT TO
THE ZONING ORDINANCE TO INCREASE FROM 12 TO 14 THE
NUMBER OF CHILDREN PERMITTED AT LICENSED GROUP FAMILY
DAY CARE FACILITIES. C.L. NO. 284
City Manager Prosser reviewed Council Letter No. 284
regarding a proposed ordinance amendment which increases from 12
to 14 the number of children permitted at licensed group family
day care facilities.
M/Ludeman, S/Kirsch to close the public hearing.
Motion carried 4-0. (Garcia not present when vote was
recorded.)
M/Ludeman, S/Kirsch that this constitute Second Reading of
Bill No. 1990-17, Amendment to Section 515 of Appendix B that it
be published in the official newspaper and that it be made part
of these minutes.
Motion carried 5-0.
Item #8 SECOND READING AND PUBLIC HEARING OF AN ORDINANCE
AMENDMENT REGULATING BACKYARD COMPOSTING OF ORGANIC
MATERIALS. C.L. NO. 285
City Manager Prosser reviewed Council Letter No. 285
regarding a proposed ordinance amendment regulating backyard
composting of organic materials.
Lawrence Wozniczka, 6744 Wentworth Avenue, suggested it may
be beneficial to allow provision for shared compost areas by
putting them on or across the property line.
Council Meeting Minutes -9- November 26, 1990
Shirley Johnson, 7609 12th Avenue, said that it was
important to maintain distance from neighboring houses.
Barbara Elliot, 6741 Harriet Avenue, indicated shared
composting areas across property lines could cause title
problems.
City Council discussion followed regarding enforcement and
nuisance issues related to location of compost piles.
Jean Fox, 6616 Sheridan Avenue, indicated odor is not an
issue but the structure and what goes in it should be addressed.
Shannon KilKenny, 6626 10th Avenue, stated that if the
compost pile is properly constructed there is no odor and that
this is a good alternative to bags of leaves.
M/Ludeman, S/Kirsch that this constitute Second Reading of
Bill No. 1990-18, Amendment to Section 601 regulating composting
of organic materials for the City of Richfield, that it be
published in the official newspaper and_that it be madepart a~
these minutes.
Motion carried 5-0.
Item #9 FIRST READING OF AN ORDINANCE PROVIDING FOR THE
LICENSURE AND REGULATION OF PAWNSHOPS-AND SECONDHAND
GOODS DEALERS. C.L. N0. 286
City Manager Prosser reviewed Council Letter No. 286
regarding a proposed ordinance providing for the licensing and
regulation of pawnshops and secondhand goods dealers.
Mayor Quam asked about the impact of this ordinance on used
book stores.
Council Member Ludeman stated support for regulation of
pawnshops and asked how the ordinance would impact the Historical
Society sales.
City Attorney Dean reviewed the exemptions portion of the
ordinance as it pertained to those types of sales.
M/Ludeman, S/Kirsch that this constitute the First Reading
of this ordinance and that the Public Hearing and Second Reading
of the ordinance be scheduled for the January 14, 1991 City
Council Meeting.
Motion carried 5-0.
Council Meeting Minutes
-10- November 26, 1990
Item #10 RESOLUTION RELATING TO RENTAL USE OF CITY FACILITIES
INCLUDING COUNCIL CHAMBERS, COMMUNITY CENTER, GOLF
COURSE CLUBHOUSE, ICE ARENA MEETING ROOM AND WOOD-LAKE
NATURE BUILDING. C.L. N0. 287
City Manager Prosser reviewed Council Letter No. 287
regarding adoption of a City Facilities Use Policy.
M/Ludeman, S/Quam that the following resolution be adopted;
that it be spread in the~r~solu~on b_a_ok and that it be made Dart
of these minutes:
RESOLUTION NO. 7682
CITY FACILITIES USE POLICY
Motion carried 5-0. This resolution appears as Resolution
No. 7682 in Resolution Hook No. 59.
Item #11 RESOLUTION DECLARING A VACANCY ON THE CITY COUNCIL.
C.L. NO. 288
Council Member Garcia read and presented a letter announcing
her resignation from the Richfield City Council effective
immediately. (Clerks File No. C-314)
Council Member Sandahl reviewed the opportunities and risks
of the responsibility of filling a vacancy. He indicated concern
about not impairing the ability to have an extraordinary
majority, consideration of the budget, and the need to appoint
someone soon.
Mayor Quam reviewed the provisions regarding the appointment
process and indicated a desire to attempt as a council a
bipartisan appointment.
Ernest Lindstrom, 7406 Fremont Avenue, reviewed City Charter
provisions regarding a vacancy. He also questioned why Item H.A.
was on the agenda and stated this shows a lack of creditability
of City administration.
Shannon KilKenny, 6626 10th Avenue, indicated a council seat
was vacant and should be declared so that an application process
can be started for interested citizens.
Council Meeting Minutes -11- November 26, 1990
Gordon Anderson, 7501 Elliot Avenue, stated that the City
Charter says the Council "shall" declare the vacancy.
Council Member Ludeman stated he supported an open process
and saw no need to rush.
Council Member Kirsch stated the vacancy and appointment
were separate and there was no need to move fast.
Shirley Johnson, 7609 12th Avenue, stated she saw the
immediacy as Ward 3 needing representation.
Barbara Elliot, 6741 Harriet Avenue, stated the Charter was
clear and the council must declare the vacancy.
George Szafranski, 6324 19th Avenue, advocated that the
council declare the vacancy and make an appointment.
Jon Stanley, 7026 5th Avenue, stated the council should stop
their silly bickering, declare a vacancy, and appoint someone
later.
M/Sandahl, S/Quam that the following resolution be adopted;
that it be spread in the resolution book and that it be made part
of these minutes:
RESOLUTION DECLARING A VACANCY ON THE CITY COUNCIL
Motion failed 2-2. (Ludeman, Kirsch opposed)
City Attorney Dean indicated he would have to research the
effect of this action on the vacancy issue.
Item #11A ADOPTION OF RESOLUTIONS MAKING ADJUSTMENTS IN
COMPENSATION OF EMPLOYEES COVERED IN THE GENERAL
SERVICES, MANAGEMENT AND SPECIALIZED PAY PLANS.
(REMOVED FROM CONSENT CALENDAR)
Lawrence Wozniczka, 6744 Wentworth Avenue stated concern
about how this. item had been added to the agenda and suggested it
not be acted upon until after the budget hearing.
Council Member Ludeman stated that this item should not be
considered tonight and should be deferred.
City Manager Prosser indicated it was included in an attempt
to provide information to the City Council but the item could be
deferred.
Council Meeting Minutes
-12- ~ November 26, 1990
M/Kirsch, S/Sandahl to defer consideration of adoption of
resolutions making adjustments in compensation of employees
covered in the General Services, Management and Specialized Pay
Plans until after the budget hearing.
Motion carried 4-0.
Item #12 DISCUSSION RELATING TO~COUNCIL MEMBER REPLACEMENT
PROCESS. C.L. NO. 289
Mayor Quam indicated a desire for a bipartisan process.
Council Member Sandahl stated that he desired a public
process because the council is elected to discharge this
responsibility and owe to the citizens to make the appointment.
He indicated it may be someone whom he is familiar with.
Mayor Quam proposed setting a future meeting, requesting
applications for both vacancies, and a public process for the
council to seek to agree on appointmentse
Gordon Anderson, 7501 Elliot Avenue, stated he could not
believe that the council does not accept the existence of a
vacancy.
Lawrence Wozniczka, 6744 Wentworth Avenue asked questions
regarding the appointment process and Charter and possibility for
a Charter change to call a Special Election.
John Stanley, 7026 5th Avenue, stated support for the
Mayor's idea.
George Szafranski, 6324 19th Avenue, stated the council
should declare the vacancy first and then determine the process
to appoint.
Shannon KilKenny, 6626 10th Avenue, stated disillusionment
that the council didn't seem to have the best interests of the
City at heart and Mr. Sandahl's implying he would favor someone
he knows.
Council Member Sandahl stated he would consider everyone.
Barbara Elliot, 6741 Harriet Avenue, asked if the Mayor
could call a special meeting.
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Council Meeting Minutes -13- November 26, 1990
After council discussion of dates, Mayor Quam stated a
Special City Council meeting would be scheduled for Wednesday,
December 12, 1990 7:00 P.M. for public presentation by interested
candidates and consideration of filling the vacancy.
It was the consensus of the council that application should
be made by letter and/or application form for both Ward 1 and
Ward 3. Each candidate would be given 15 minutes and the public
would also have time to comment. It was stated that the deadline
for applications would be 12:00 noon December 10, 1990.
M/Sandahl, S/Ludeman to authorize advertisement for
applications for Ward 1 and Ward 3 Council Member.
Motion carried 4-0.
Item #13 LEGISLATIVE REPORT
None
Item #14 COUNCIL DISCUSSION ITEMS
Mayor Quam stated he had given Council Members a memo and
said if anyone had an objection to his suggestion for a Special
Meeting at 6:30 P.M. on December 10, 1990 that they let him know.
Item #15 CLAIMS AND PAYROLLS
M/Ludeman, S/Kirsch that the following claims and payrolls
be approved:
RICHFIELD STATE BANK
Checks 13368-13401; 22768-23070 $720,301.43
FIRST WESTERN HANK
Checks 5861-5884 $386,579.39
Checks 42380-42420; 42424-42746 Payroll $323,821.64
Motion carried 4-0.
Council Meeting Minutes
-14- November 26, 1990
ADJOURNMENT
The meeting was adjourned by unanimous consent at 11:3 p.
Date Approved: 12/10/90 r
J : Qua~jf' ~ Mayor
Thomas P. Ferber
City Clerk
- v~
am s D. osser
i Manager
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