01-28-1991CITY OF RICHFIELD, MINNESOTA
REGULAR CITY COUNCIL MEETING
January 28, 1991
MEMBERS PRESENT: Martin Kirsch, Mayor; Ivan Ludeman; Michael
Sandahl; Kristal Stokes; and William Bullock.
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 Kirsch at 7:00 p.m.
PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE
Mayor Kirsch led the audience in the Pledge of Allegiance.
A moment of silence was observed for the troops in the Middle
East.
OATH OF OFFICE FOR WILLIAM BULLOCK, COUNCIL MEMBER
City Clerk Ferber administered the Oath of Office to William
Bullock, Ward 1 Council Member.
APPROVAL OF MINUTES
M/Sandahl, S/Bullock to approve the minutes of the Special
Council Meeting of January 14, 1991; and the minutes of the
regular Council Meeting of January 14. 1991.
Motion carried 5-0.
Item #1 OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL
ON ANY ITEM NOT LISTED ON THE AGENDA.
No one wished to address the council.
Council Meeting Minutes -Z- January 28, 1991
Item #2 PRESENTATION OF SCHOOL COUNSELING WEEK IN RICHFIELD
PROCLAMATION, FEBRUARY 3-9, 1991
Council Member Ludeman read a proclamation declaring
February 3-9, 1991 as School Counseling Week in the City of
Richfield.
Item #3 PRESENTATION OF FINANCIAL EXCELLENCE AWARD. C.L. N0.26
Administrative Services Director Devich reviewed Council
Letter No. 26 regarding the City's receipt of the Certificate of
Achievement for Excellence in Financial Reporting from the
Government Finance Officers Association (GFOA) for the City's
Comprehensive Annual Financial report for the fiscal year 1989.
Mayor Kirsch presented the award to Finance Manager Jean
Mitchell.
Item #4 PRESENTATION OF THE AWARD OF MERIT FOR ACCIDENT
REDUCTION FROM THE NATIONAL SAFETY COUNCIL. C.L. N0.27
Council Member Sandahl presented the Award of Merit for
accident reduction from the National Safety Council to Personnel
Manager Melanie Ault and John Heddle, Chair of the Safety
Committee.
Item #5 COUNCIL APPROVAL OF AGENDA
M/Ludeman, S/Sandahl to approve the agenda.
Motion carried 5-0.
Item #6 CONSENT CALENDAR
6A. APPROVED PURCHASE IN THE AMOUNT OF $5755 TO REPLACE A
125 DH SIREN.AT 6316 FIRST AVENUE. C.L. 28
Council Meeting Minutes -3- January 28, 1991
6B. APPROVED RESOLUTION AUTHORIZING THE MAYOR AND CITY
MANAGER TO ENTER INTO AGREEMENTS WITH RESIDENTIAL
WASTE/RECYCLABLES COLLECTORS FOR CURBSIDE COLLECTION OF
SOURCE SEPARATED RECYCLABLES. C.L. 29
RESOLUTION NO. 7711
RESOLUTION AUTHORIZING THE SUBMITTAL OF THE 1991
HENNEPIN COUNTY GRANT APPLICATION FOR MUNICIPAL SOURCE
SEPARATED RECYCLABLES
This Resolution appears as Resolution No. 7711 in Resolution
Book No. 59.
6C. APPROVED PURCHASE IN THE AMOUNT OF $5953.50 TO THE
MINNESOTA OF NATURAL RESOURCES FOR THE 1990 WATER
APPROPRIATION PERMIT. C.L. N0. 30
6D. APPROVED RESOLUTION AUTHORIZING CITY STAFF TO SUBMIT TO
HENNEPIN COUNTY A GRANT APPLICATION FOR A SOLID WASTE
SOURCE REDUCTION PLAN. C.L. 31
RESOLUTION N0. 7712
RESOLUTION AUTHORIZING THE SUBMITTAL OF THE
1991 HENNEPIN COUNTY GRANT APPLICATION FOR
MUNICIPAL SOURCE SEPARATED RECYCLABLES
This Resolution appears as Resolution No. 7712 in Resolution
Book No. 59.
M/Sandahl, S/Stokes to agDrove the consent calendar.
Motion carried 5-0.
Item #7 CONSIDERATION OF AN ORDINANCE AMENDMENT PROVIDING FOR
THE LICENSING AND REGULATION OF PAWNSHOPS AND
SECONDHAND GOODS DEALERS. C.L. N0. 32
City Manager Prosser reviewed Council Letter No. 32
regarding proposed amendments to the ordinance providing for the
licensing and regulation of pawnshops and secondhand goods
dealers. He stated that on January 14, 1991 the Council had
approved the ordinance providing that the Department of Public
Safety address concerns raised at the hearing and present
appropriate solutions and/or ordinance amendments at the January
28th Council meeting.
Council Meeting Minutes -4- January 28, 1991
Mr. Prosser stated that in response to concerns raised at
the public hearing regarding the trading of coins and bullion, it
is proposed that the language contained in State Statute 325F.732
be adopted by reference. This section provides for the exemption
of certain transactions from the regulations governing precious
metals dealers in the state. Exempted transactions include the
following:
• Transactions involving coins, bullion and film;
s Transactions at the wholesale level between State licensed
precious metals dealers;
• Transactions involving the purchase of scrap precious
metals from an industrial manufacturer;
• Certain investment transactions regulated by other state
laws;
• Transactions involving antiques where the purchase of
precious metal items is incidental to and not the primary
business and where such transactions do not exceed a total
of $2,500 in any consecutive 12 month period.
He recommended these exemptions be adopted by adding
paragraph (i) to Section 1186.03.
He than reviewed three other amendments to the ordinance,
recommended since the public hearing, as follows:
1. A new paragraph (f) be added to Section 1186.23, Subd. 1,
requiring the seller's signature be included in the
pawnbroker or secondhand goods dealer's records for each
item .received.
2. The minimum age for license eligibility be raised from
18 to 21 in Section 1186.17, Subd. 1, para. (b).
3. The daily reporting requirement set forth in 1186.25,
Subd. 1, be changed to "on demand".
M/Sandahl, S/Ludeman to reconsider City Council action of
January 14, 1991 approving second reading of Bill No 1991-1.
Motion carried 5-0.
M/Ludeman, S/Sandahl to rescind City Council action of
January 14, 1991 approving Second reading of Bill No 1991-1.
Motion carried 5-0.
M/Sandahl, S/Ludeman that this constitute Second Reading of
Bill No. 1991-1, (as amended) Pawnbrokers and secondhand goods
dealers, that it be published in the official newspaper and that ^
it be made Hart of theme minutes.
Motion Carrie
Council Meeting Minutes -5- January 28, 1991
M/Sandahl, S/Stokes 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. 7713
RESOLUTION AMENDING CERTAIN PROVISIONS OF RESOLUTION 7697
ENTITLED "RESOLUTION ESTABLISHING 1991 LICENSE, PERMIT AND
MISCELLANEOUS FEES PURSUANT TO THE PROVISIONS OF APPENDIX D OF
THE ORDINANCE CODE OF THE CITY OF RICHFIELD RESCINDING
RESOLUTION N0. 75821°
Motion carried 5-0. This resolution appears as Resolution
No. 7713 in Resolution Book No. 59.
Item #8 CONTINUATION OF PAESANO'S ON-SALE NON-INTOXICATING MALT
LIQUOR LICENSE AND RESTAURANT LICENSE RENEWAL.
C.L. N0. 33
City Manager Prosser reviewed Council Letter No. 33
regarding granting of a temporary 60 day food and 3.2 Non-
Intoxicating Malt Liquor License for Paesano's, 500 east 78th
Street.
M/Sandahl, S/Stokes to close the public hearing.
Motion carried 5-0.
M/Ludeman, S/Sandahl to approve a temporary 60 day food and
3.2 Non-intoxicating Malt Liquor License for current owner
Richard Lupu for Paesano's located at 500 East 78th Street.
Motion carried 5-0.
Item #9 CONSIDERATION OF RESOLUTION TO PERMIT BINGO AT ST.
PETER'S CHURCH. C.L. N0. 34
City Manager Prosser reviewed Council Letter No. 34
regarding the application of St. Peter's Catholic Church, 6730
Nicollet Avenue, for a lawful gambling license.
Council Meeting Minutes -6- January 28, 1991
M/Sandahl, S/Bullock 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. 7714
A RESOLUTION GRANTING APPROVAL FOR
THE CHURCH OF ST. PETERS TO CONDUCT LAWFUL GAMBLING
Motion carried 5-0. This resolution appears as Resolution.
No. 7714 in Resolution Hook No. 59.
Item #10 CONSIDERATION OF PURCHASE OF COMPUTER AIDED DISPATCH
AND AUTOMATED RECORDS MANAGEMENT SYSTEM FOR THE PUBLIC
SAFETY DEPARTMENT IN THE AMOUNT OF $63,500. C.L.NO. 35
City Manager Prosser reviewed Council Letter No. 35
regarding consideration of the purchase of the Bull/Cantus
C®mputer Aided Dispatch and! automated records management system
at a price of $63,700.
Council Member Ludeman asked questions regarding the
software and if other communities utilized it.
Sally Morton, Data Processing Manager, reviewed the
software.
Craig Zachman, Bull/Cantus representative, indicated a
number of communities utilized this system. He reviewed the
state requirements, features of the system, and answered
questions regarding it.
' Lawrence Wozniczka, 6744 Wentworth Avenue, expressed
concerns about introducing a new system and compatibility.
Public Safety Director ,Erskine stated this system was
compatible with the current Burroughs System and would be
integrated with it.
Council Member Stokes asked if service was a part of this
contract.
Mr. Zachman indicated a 1 year service contract was included
with this purchase.
Council Meeting Minutes -7- January 28, 1991
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 N0. 7715
RESOLUTION ACCEPTING CONTRACT FOR
COMPUTER HARDWARE AND SOFTWARE AND
AUTHORIZATION FOR CITY MANAGER TO EXECUTE AGREEMENT
Motion carried 5-0. This resolution appears as Resolution
No. 7715 in Resolution Book No. 59.
Item #11 CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION AND
DELIVERY OF A SECOND SUPPLEMENTAL INDENTURE OF TRUST
REFUNDING BOND SERIES 1987A AND 1987B. C.L. NO. 36
City Manager Prosser stated that the attorney for Corporate
Travel had requested that this item be withdrawn.
M/Ludeman, S/Stokes to withdraw consideration of resolution
authorizing execution and delivery of a second Supplemental
Indenture of Trust securing commercial revenue bonds (Corporate
travel Building Project) Series 1987A and 1987B and related
documents, and reissuance of amended bonds.
Motion carried 4-O. (Sandahl absent when this vote was
recorded.)
Item #12 DISCUSSION OF PRESENT POLICY OPPOSING EXTENSION OF
RUNWAY 4-22. C.L. NO. 37
City Manager Prosser reviewed Council Letter No. 37
regarding consideration of the current City policy in opposition
to the extension of runway 4-22 and consideration of a revised
policy proposed by Don Priebe, Richfield's MASAC Representative.
Council Member Ludeman asked if the extension of runway 4-22
was related to safety.
City Manager Prosser indicated that consultant Bob Collette
said it was not a safety issue.
Council Member Stokes asked how the MAC would respond to the
revised policy.
City Manager Prosser indicated MAC was not aware of the
possibility of a change at this time.
Council Meeting Minutes
-8-
January 28, 1991
Don Priebe, 7225 Bloomington Avenue, MASAC Representative,
stated that he believes the city's position on the 4-22 extension
should be along the following lines:
I. The City has no objection to the extension of the runway
to 1,000 feet as a part of improving the overall
operating efficiency of the airport. The City would
willingly accept our share of additional traffic on
runway 22 from the present brake release point providing
a reasonably equal share use of the extended runway in
the opposite-direction. The City would require adequate
safeguards to prevent displacement of the departure
threshold on runway 22 closer to Richfield and
Bloomington after completion of the extension.
II. The City is unalterably opposed to the proposed
displacement of the departure threshold on runway 22.
Council discussion followed regarding the advantages and
disadvantages of this position, the working relationship with
MAC, and the impact of staying with the status quo.
Mr. Priebe indicated that part of the purpose of his
recommendation was to show support for maintaining the current
airport site and cooperation with MAC.
M/Sandahl, S/Ludeman to modify the City's position regarding
the extension of Runway 4-22 as follows:
I. The City has no objection to the extension of the runway
to 1,000 feet as a part of improving the overall
operating efficiency of the airport. The City would
willingly accept our share of additional traffic on
runway 22 from the present brake release point providing
a reasonably equal share use of the extended runway in
the opposite direction. The City would require adequate
safeguards to prevent displacement of the departure
threshold on runway 22 closer to Richfield and
Bloomington after completion of the extension.
II. The City is unalterably opposed to the proposed
displacement of the departure threshold on runway 22.
Motion carried 5-0.
1
Item #13 CONSIDERATION OF APPROVAL OF WORKER'S COMPENSATION
SETTLEMENT. C.L.NO. 38
City Manager Prosser reviewed Council Letter No. 38
regarding settlement of a workers compensation claim.
Council Meeting Minutes -9- January 28, 1991
M/Ludeman, S/Stokes to approve the worker's compensation
settlement to claimant in the amount of 560,000 as outlined in
Council Letter No. 38.
Motion carried 5-0.
Item #14 CONSIDERATION OF A REQUEST TO PAY LEGAL FEES RELATED TO
COUNCIL VACANCY ISSUE. C.L. N0. 39
0
City Manager Prosser reviewed Council Letter No. 39
regarding a request by John Westrick, attorney for Steve Quam,
for payment by the City of a bill in the amount of $4829.75 for
legal services rendered in connection with the litigation
initiated by Steve Quam against Council Members pertaining to the
council vacancy issue.
John Westrick stated Mr. Quam's action was in his capacity
as Mayor and that the City benefited from the action. He stated
a writ of mandamus was very difficult to obtain and that the
,judge's expediency in issuing it showed the need for this action.
Mr. Westrick said he felt the City is obligated to pay for these
services.
Council Member Stokes stated the desire to get this issue
behind the council and that the Charter Commission act to assure
this situation not occur again.
Council Member Stokes asked if the city's legal services had
been available to Mr. Quam in this case.
City Attorney Dean stated that it was his responsibility as
City Attorney to defend the city council action in not passing
the vacancy resolution.
Mayor Kirsch indicated that the Council had intended to
declare the vacancy in a timely manner as had been voted upon.
Mr. Westrick stated that the council was obligated to
immediately declare the vacancy.
Council Member Sandahl asked whether further court action
might occur if the city council denied this payment.
Mr. Westrick stated he would seek court action from Judge
Hurke to require the City to pay the bill. He was of the opinion
that the ,judge would rule favorably on his request.
Council Meeting Minutes -ifl- January 28, 1991
Council Member Sarfdahl expressed concerns about the
potential for additional legal costs and the precedent impact on
future city council members ability to take legal actions if the
council denies this payment. He advocated that the City Council
make this a policy decision.
Council Member Ludeman stated that it was not the intent of
the council not to declare a vacancy. He stated concern that if
payment is approved, a precedent would be set that anyone could
sue and have their legal fees paid.
City Attorney Dean stated the City was obligated to defend
public officials and in some cases where there is a valid public
purpose to be a plaintiff.
Council Member Ludeman suggested that this item be deferred
to allow review with counsel.
M/Ludeman, S/Sandahl to defer consideration of the request
of John Westrick. attorne~or Ste_v_e Quam.__ for payment of legal
fees in the amount of 54829.75 in connection with litigation
related t® tkae c®uncil vacancy i~s~ae t® the February ? Z o ? 99?
City Council meetin
Steve Quam, 6421 James Avenue, stated there was a
distinction between the public and the City Council in
litigation. He stated that he perceived the 2-2 vote as taking
away his responsibility as Mayor under the charter regarding the
vacancy. Mr. Quam said the legal process was necessary to give
him the ability to carry out this responsibility and an open
process resulted.
Barbara Elliot, 6741 Harriet Avenue, stated a writ of
mandamus is an extraordinary action by the courts. She urged a
settlement of this issue to avoid more bad publicity for the
City.
Motion carried 5-0.
Council Member Sandahl stated that the Richfield Sun-Current
indicated he had submitted a bill of $611 to the City from his
attorney related to the same litigation. Mr. Sandahl stated he
had submitted it but only asked for payment if Mayor Kirsch and
Council Member Ludeman were reimbursed for legal costs also. He
suggested that the council provide a policy so that this issue is
not a problem again. Council Member Sandahl requested this issue
be discussed at a future study session.
By consensus of the City Council, Mayor Kirsch directed that
this issue be scheduled for a future study session agenda.
Council Meeting Minutes -11- January 28, 1991
Item #15~ LEGISLATIVE REPORT
Mayor Kirsch stated he had received a letter from the
Metropolitan Airports Commission inviting Richfield's membership
in a MSP Airport Interactive Planning Group. He indicated he
would attend a MSP Airport Planning Workshop on January 30.
City Manager Prosser noted the state legislature is cutting
LGA and road maintenance funds to help balance the state budget.
He stated that the city council would be meeting in a study
session with state legislators on February 4.
Item #16 COUNCIL DISCUSSION ITEMS
Council Member Ludeman asked for a further analysis and
breakdown of the costs of the waterslide components.
City Manager Prosser indicated staff would provide this
information.
Item #17 CLAIMS AND PAYROLLS
M/Ludeman, S/Sandahl that the following claims and payrolls
be approved:
RICHFIELD STATE BANK
Checks 13570-13622; 24063-24309 $ 857,961.01
FIRST MINNESOTA
Check 1115 $ 15,000.00
FIRST WESTERN HANK
Checks 5999-6021 $ 792,160.82
Checks 43159-43203; 44569-44886 Payroll $ 339,044.82
Motion carried 5-0.
Council Meeting Minutes -12- January 28, 1991
ADJOURNMENT
The meeting was adjourned by unanimous consent at 8:45 p.m.
Date Approved: 2/11/91 ~~GWvt~ . /~ .
---- Martin J ' Kirsch Mayor
Thomas P. Ferber
City Clerk
J s Prosser
C ty anager
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