02-11-1991CITY OF RICHFIELD, MINNESOTA
REGULAR CITY COUNCIL MEETING
February 11, 1991
MEMBERS PRESENT: Martin Kirsch, Mayor; Ivan Ludeman; Michael
Sandahl; Kristal Stokes; and William Bullock.
1
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.
Mayor Kirsch asked for a moment of silence in honor of our
military in the Middle East.
APPROVAL OF MINUTES
M/Ludeman, S/Sandahl to approve the minutes of the Special
City Council Meeting of January 23, 1991; the minutes of the
Special City Council Meeting of January 24, 1991; the minutes of
the Regular City Council Meeting of January 28, 1991; and the
minutes of the Study Session Meeting of February 4, 1991.
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, stated he had
provided 6 transcript copies of the December 4, 1990 Town Meeting
to Mayor Kirsch for the Council and City Manager. He stated
concern about a call he received from a retired 30 year foreman
for the city regarding hiring practices related to Richfield
residents. He indicated that he was told qualified Richfield men
had not been hired for an entry level maintenance positions and
that people from outside the City had been hired instead.
Council Meeting Minutes
-2- February 11,1991
Item #2 PRESENTATION OF PHOTOGRAPH OF VETERANS MEMORIAL PARK OF
RICHFIELD PLAYFEATURE FROM WARREN ANONDSON, PRESIDENT
OF EARL F. ANDERSEN & ASSOCIATES, INCA C.L. N0. 40
Warren Amondson, President of Earl F. Andersen & Associates,
Inc. presented a framed photograph of the Veterans Memorial Park
of Richfield playfeature to the City Council.
Item #3 PROCLAMATION DESIGNATING FEBRUARY 19-22, 1991 AS
STUDENTS AGAINST DRUNK DRIVING WEEK IN THE CITY OF
RICHFIELD.
Richfield High School SADD members Ann Stroshane and Kristy
Brunell reviewed the events scheduled for SADD Week.
Council Member Sandahl read a proclamation designating
February 19-22, 1991 as Students Against Drunk Driving Week in
the City of Richfield.
Item #4 PROCLAMATION HONORING PAUL RIDGEWAY FOR THE 1990-1991
LAKE CONFERENCE DISTINGUISHED ALUMNI AWARD IN PUBLIC
SERVICE.
Richfield High School Principal Dick Maas reviewed the
accomplishments of Richfield graduate Paul Ridgeway.
Mayor Kirsch read a proclamation honoring Paul Ridgeway for
receiving the 1990-1991 Lake Conference Distinguished Alumni
Award in Public Service.
Item #5 COUNCIL APPROVAL OF AGENDA
M/Ludeman, S/Sandahl to approve the agenda.
Motion carried 5-0.
I I
I
Council Meeting Minutes
Item #6 CONSENT CALENDAR
-3- February 11,1991
6A. APPROVED PURCHASE ORDER IN THE AMOUNT OF $12,914 FOR
ST. PAUL LINOLEUM AND CARPET COMPANY TO FURNISH AND
INSTALL CARPET AT WOOD LAKE NATURE CENTER C.L. 41
6B. APPROVED 1991 LABOR CONTRACT WITH THE RICHFIELD POLICE
SUPERVISORS~UNIT C.L. 42
RESOLUTION NO. 7716
RESOLUTION APPROVING LABOR AGREEMENT
BETWEEN THE CITY OF RICHFIELD AND
THE RICHFIELD POLICE SUPERVISORS BARGAINING UNIT
LOCAL 162
FOR THE YEAR 1991
1
This Resolution appears as Resolution No. 7716 in Resolution
Book No. 59.
6C. APPROVED RESOLUTION APPROVING RECYCLING CONTAINER TEST
PROJECT IN THREE MULTI-FAMILY RESIDENTIAL BUILDINGS IN
THE CITY, IN COOPERATION WITH BROWNING FERRIS INDUSTRY
AND SHAMROCK INDUSTRIES, INC. C.L. 43
RESOLUTION NO. 7717
RESOLUTION ACCEPTING THE OFFERS OF BROWNING FERRIS INDUSTRY AND
SHAMROCK INDUSTRIES, INC. TO OPERATE A RECYCLING CONTAINER TEST
PROJECT IN THREE MULTI-UNIT APARTMENT DWELLINGS IN RICHFIELD
This Resolution appears as Resolution No. 7717 in Resolution
Book No. 59.
6D. APPROVED FIRE MUTUAL AID AGREEMENT C.L. 44
6E. APPROVED OF RESOLUTION ESTABLISHING A LIMIT ON NUMBER
OF TERMS FOR ADVISORY BOARD AND COMMISSION MEMBERS
AND LIMITING NUMBER OF COMMISSIONS ON WHICH
INDIVIDUALS MAY SERVE. C.L. 45
6F. APPROVED RENEWAL OF COMMERCIAL GARBAGE AND REFUSE
COLLECTION LICENSE, KNUTSON SERVICES, INC.
M/Sandahl, S/Stokes to approve the consent calendar.
Motion carried 5-0.
Council Meeting Minutes
-4- February 11,1991
Item #7 CONSIDERATION OF A REQUEST TO PAY LEGAL FEES RELATED TO
COUNCIL VACANCY DISPUTE {CONTINUED FROM JANUARY 28)
C.L. NO. 46
City Manager Prosser reviewed Council Letter No. 46
regarding a request by John Westrick, the attorney for Steve
Quam, for a bill for legal services related to the council
vacancy issue in the amount of $4829.75.
Council Member Ludeman stated he opposed payment because he
felt the action was a self serving effort by Mr. Quam and Mrs.
Garcia to control the appointment process and also that the cost
was too high.
Ernest Lindstrom, 7406 Fremont Avenue reviewed the City
Charter provisions regarding council vacancies and the council
actions taken regarding the vacancy. He said it was his opinion
that the writ of mandamus was a political action evidenced by the
fact and that Gordon Anderson sought private donations for the
costs. Mr. Lindstrom stated the City should not pay the bill.
Council Member Sandahl stated the-City Council should make a
decision based on two issues: 1) the precedent set,
(2) reasonable stewardship - further litigation will cost much
more. He stated the City Council should have a policy about
intracouncil litigation and disputes. Council Member Sandahl
said that council members should feel there is a reasonable
chance of some possibility of payment for legal costs. If not,
there is no opportunity for challenge.
John Westrick, attorney, appeared in support of his request.
Mayor Kirsch reviewed the council's action of November 26,
1990 stating that they had unanimously agreed to schedule action
of the vacancy, which did occur.
Council Member Sandahl indicated it was not totally clear to
him at the time that they would be declaring the vacancy or dust
conducting interviews.
M/Sandahl, S/Bullock to pay the legal bill submitted by John
Westrick in the amount of 54829.75.
Motion failed 2-3. (Ludeman, Stokes, Kirsch opposed)
City Attorney Dean reviewed some of the reasons stated by
council members for denial of the payment.
Council Meeting Minutes -_5- February .11,1991
Ernest Lindstrom, .7405 Fremont Avenue, said he thought it
was inappropriate for Mr. Dean to ask about the motives of their
vote and that the council shouldn't tell the City Attorney
anything.
City Attorney Dean stated that he was trying to determine
for the record the factual basis for the determination by council
as a group because Mr. Westrick had indicated future litigation
to recover these costs.
Item #S CONSIDERATION OF REQUEST FOR A CONDITIONAL USE PERMIT
AND OFF-STREET PARKING PERMIT AT 7200 CEDAR AVENUE.
C.L. NO. 47
City Manager Prosser reviewed Council Letter No. 47
regarding a request by Putter's Paradise, Inc. for a special use
permit and off-street parking permit to allow an indoor miniature
golf facility with video machines and concessions at 7200 Cedar
Avenue. He reviewed the staff recommendation to deny the
request.
Dan Markwardt, Putter's Paradise Inc., reviewed the proposed
Putter's Paradise indoor miniature golf facility concept and
operation. He indicated the use would be consistent with the
intent of the Comprehensive Plan, that it would generate little
additional traffic, that parking was adequate, would enhance the
area, and be used by neighborhood residents.
Council Member Ludeman asked what the value of the building
would be.
Mr. Markwardt stated that excluding the land, the building
would cost about 5215,000.
Council Member Bullock asked if Mr. Markwardt anticipated
groups waiting to use the facility.
Mr. Markwardt stated he .did not anticipate people waiting
very long; they would go elsewhere for entertainment if there was
a waiting period.
Ray Howe, 7220 18th Avenue, stated concerns about the
negative impact of the facility on the neighborhood and the
congregation of teenagers near it.
JoAnn Skaggs, 7128 18th Avenue, stated concern that the
video machines would make it a teenager hangout.
Council Meeting Minutes -6- February 11,1991
Chris Pluer, Bloomington, representing his mother Ardel
Rodseth, 1717 E. 72nd Street, stated concerns about parking and
the impact of the neighborhood from teenagers who would
congregate in the area of the facility.
Joel Skaggs, 7128 18th Avenue, stated that the activity was
wholesome family fun but that the facility would be too busy and
open too late to operate in this residential area.
James Picha, 7234 18th Avenue, stated he agreed with the
staff recommendation to deny this proposal. He stated that he
supported the plans for the area in the Comprehensive Plan and
the City should continue to follow those.
Yvonne Shirk, representing Putters Paradise, Inc. indicated
most traffic would be on Cedar Avenue and that teenagers are not
all bad people.
M/Ludeman, S/Sandahl to close the public hearing.
Motion carried 5-0.
Council MembeP Stakes stated she had met with Mr. Markwardt
and the neighbors regarding-this issue.
Council Member Ludeman stated
has video games and has not caused
He indicated this project could e~
activities for families and youth.
appropriate site for this facility
enterprise would provide miniature
suggested for Legion Lake.
that the City's teen center
problems for the neighborhood.
aance available wholesome
He indicated it was an
and was good that free
golf rather than what had been
i
~~
1
Council Member Bullock asked Public Safety Director Erskine
if there had been any problems at the teen center.
Public Safety Director Erskine stated that there had been
very few problems and that the center is well staffed.
Council Member Sandahl asked what could be required of the
operator if problems did occur.
Public Safety Director Erskine indicated licensing of this
type of operation could provide more control if it is needed.
Council Member Sandahl stated teenagers are not all bad and
that other permitted uses may be worse for the neighborhood.
City Attorney Dean indicated that the City Council could put
conditions upon the approval to address potential problems and
suggested possible language to use in the motion.
Council Meeting Minutes
-7- February 11,1991
Mayor Kirsch stated he concurred with the staff
recommendation of denial because it is not consistent with the
comprehensive plan and noted also that many from the neighborhood
spoke in opposition to it.
M/Ludeman, S/Sandahl to a12~rove the conditional use permit
and off-street Harking permit for Putter's Paradise Inc an
indoor miniature golf facilitX with video machines and
concessions at 7200 Cedar Avenue with the condition that use
permitted and the Harking access shall be operated and managed in
such a way that the occupants of nearby residential properties
will not be annoyed or disturbed.
Motion carried 3-2. (Kirsch, Stokes opposed)
Item #9 CONSIDERATION OF REQUEST FOR AN AMENDMENT TO THE
OFF-STREET PARKING PERMIT FOR METRO SALES, INC.,
1620 EAST 78TH STREET. C.L. NO. 48
City Manager Prosser reviewed Council Letter No. 48
regarding a request by Metro Sales, Inc. for an amendment to
their off-street parking permit.
Scott Helmes, Skaaden-Helmes Architects Inc., stated the
proposed project addresses the company's need for expansion and
the future reorientation of the building to 77th Street.
M/Ludeman, S/Sandahl to_close the public hearing.
Motion carried 5-0.
M/Sandahl, S/Bullock to approve the request of Metro Sales,
Inc. for an amendment to the off-street parking permit at 1620
East 78th Street to allow construction of a two level addition
and a site plan with 69 parkins spac_e_~sub~Lect to the following
tipulations•
1. Automatic sprinkler system (fire protection) required.
2. All new curbs to be MnDot type B-618 concrete curb and
gutter. (This requirement was waived except in the
driveway throats which must be MnDot type B-618. The
remainder of the new curb should match the existing
interior curbs.)
3. Replacement curb openings to be as per city standards.
4. Install catch basin in parking lot and connect to City
storm sewer.
5. Re-contour parking lot to direct storm water flow to new
catch basin.
6. Internal drive aisle be provided on north end of site.
7. Curb cut/driveways should be one way.
Motion carried 5-0.
Council Meeting Minutes
-8- February 11,1991
Item #10 CONSIDERATION OF REQUEST FOR A CONDITIONAL USE PERMIT
AND OFF-STREET PARKING PERMIT AT 7608 KNOX AVENUE.
C.L. NO. 49
City Manager Prosser reviewed Council Letter No. 49
regarding a request for a conditional use permit and.off-street
parking permit at 7608 Knox Avenue to allow a public garage for
an automobile tune-up and brake repair shop.
Applicant Hamed Kalifa spoke in support of the request.
M/Sandahl, S/Ludeman to close the public hearing.
Motion carried 5-0.
M/Sandahl, S/Ludeman to approve the conditional use permit
and off-street parking permit ner the proposed site plan, for an
automobile tune-up and brake repair shop at 7608 Knox Avenue with
the following stipulations:
1. The applicant provide a cash escrow to cover parking
lot restriping, required signage, and fence repair in
the rear parking lot.
2. All building and fire code orders be completed within
90 days.
3. The overhead doors be in the down position while
automobiles are serviced.
4. A drainage agreement be reached with the property
owner to the south. The agreement should include (1)
the granting of an easement by the property owner to
the south, and (2) an agreement by both property owners
relative to the costs of correcting any drainage
problems created if and when the south property is
developed.
Motion carried 5-0.
Item #11 CONSIDERATION OF SECOND READING OF TRANSITORY ORDINANCE
PROVIDING FUNDING FOR CERTAIN CAPITAL IMPROVEMENTS FROM
THE SPECIAL REVENUE FUND. C.L. NO. 50
City Manager Prosser reviewed Council Letter No. 50
regarding adoption of a transitory ordinance providing for
Council Meeting Minutes -9- February 11,1991
authorization of the expenditure of funds from the Special
Revenue Fund for the following capital improvements:
Veterans Memorial Park -
Park Shelter Building $230,000
Wood Lake Nature Center Carpet 14,000
Tennis Court Improvements 34,000
Jefferson Park
Roosevelt Park
Washington Park
Taft Park Play Features 22,000
$300,000
Lawrence Wozniczka, 6744 Wentworth Avenue, suggested that
the Wood Lake Nature Center carpet and the tennis court repair be
financed by a sinking fund instead of the capital improvement
fund .
City Manager Prosser reviewed the reasons for proposed
funding for these items and indicated an analysis of the sinking
fund issue could be scheduled for a future study session meeting.
M/Ludeman, S/Sandahl to close the public hearing.
Motion carried 5-0.
M/Ludeman, S/Sandahl that this constitute Second Reading of
Bill No. 1991-2, Transitory Ordinance 17.39, Providing for the
Expenditure of Money from the Special Revenue for Certain Capital
Improvements, that it be published in the official newspaper and
that it be made part of these minutes.
Motion carried 5-0.
Item #12 CONSIDERATION OF AUTHORIZATION FOR CITY BUILDING
OFFICIAL TO WAIVE CEILING HEIGHT CODE PROVISIONS WHICH
ALLOW THE HOUSING AND REDEVELOPMENT AUTHORITY TO
COMPLETE REHABILITATION LOAN ACTIVITIES. C.L. NO. 51
City Manager Prosser reviewed Council Letter No. 51
recommending that the City Council authorize the Building
Official to waive ceiling height code provisions for a property
to allow the HRA to complete rehabilitation loan activities to
address health and safety problems.
M/Ludeman, S/Stokes to authorize the Building Official to
ware the ceiling height provisions of the Building Code at the
subject property to assist in implementing HRA housing programs
as provided by Minnesota Statute 469.041.
Motion carried 4-0. (Council Member Sandahl was absent when
vote was recorded.)
Council Meeting Minutes -10- February 11,1991
Item #13 CONSIDERATION OF APPOINTMENTS TO VARIOUS ADVISORY
BOARDS AND COMMISSIONS. C.L. NO. 52
M/Stokes, S/Ludeman to make the following appointments:
Advisory Board of Health Term Expires
Jo Romer January 31, 1993
Jane Myre January 31, 1993
Carlene Ulmer January 31, 1993
Joan Perlich January 31, 1993
Susan Rosenberg January 31, 1993
Ruth Schrick January 31, 1993
Arlene Erickson January 31, 1992
Kelly Stokes (student) January 31, 1992
Jill Pearson (student) January 31, 1992
Civil Service Commission Term Expires.
John Hamilton January 31, 1994
Community Services Term Ex pires
Robert Lindgren January 31, 1994
Suzanne Sandahl January 31, 1994
Matt Stokes January 31, 1994
Greg Allers January 31, 1994
Kevin Hoemke January 31, 1992
Human Rights Commission Term Exp ires
Sue Wagner January 31, 1994
Lawrence Koenig January 31, 1994
Russell Kennedy January 31, 1994
Robert Florin (unexpired term) January 31, 1993
Susie Vanden Burg (student) January 31, 1992
Steven McKinney January 31, 1992
Human Services Commission Term Expires
Lois Karnas January 31, 1994
Peggy Hamilton January 31, 1994
Connie McDonald January 31,- 1994
Planning Commission Term Ex pires
Daniel Linnihan January 31, 1994
Robert Elliott January 31, 1994
Tim Erhlander January 31, 1994
Council Meeting Minutes
Sister City International
Dona Morgan
Pamela Duffy
Van Henderson
Jeannine Pluhar (student)
Edgar Oliveria (student)
South Hennepin
Human Services Council
Ivan Ludeman
John Nelson
Motion carried 5-0.
-11- February 11,1991
Term Expires
January 31, 1994
January 31, 1994
January 31, 1994
January 31, 1992
January 31, 1992
Term Expires
January 31, 1993
January 31, 1993
Item #14 CONSIDERATION OF DESIGNATION OF COUNCIL LIAISON
APPOINTMENTS FOR 1991. C.L. NO. 53
M/Bullock, S/Ludeman to designate the following 1991 liaison
appointmentsa
AGENCY
ASSOC. METRO MUNICIPALITIES (AMM)
SOUTHWEST CABLE COMMISSION
NOISE
LEAGUE OF MINNESOTA CITIES (LMC)
METROPOLITAN AIRCRAFT SOUND
ABATEMENT COUNCIL (MASAC)
RICHFIELD SCHOOL DISTRICT
STOREFRONT/YOUTH ACTION
1991 LIAISON
Ivan Ludeman, Rep.
Martin Kirsch, Alt.
James Prosser, Dir.
Ivan Ludeman, Dir.
William Bullock, Alt.
Steve Devich, Alt.
Michael Sandahl, Rep.
Ivan Ludeman, Rep.
James Prosser, Alt.
Kristal Stokes, Rep.
Don Priebe, Rep.
Michael Sandahl, Alt.
James Prosser, Alt.
Michael Sandahl, Lia.
Kristal Stokes, Alt.
Jack Erskine, Lia.
Ivan Ludeman, Alt.
Council Meeting Minutes -12- February 11,1991
ADVISORY BOARD OF HEALTH Martin Kirsch, Lia.
Kristal Stokes, Alt.
COMMUNITY SERVICES ADVISORY
COMMISSION William Bullock, Lia.
Ivan Ludeman, Alt.
HUMAN RIGHTS COMMISSION William Bullock, Lia.
Kristal Stokes, Alt.
HUMAN SERVICES COMMISSION Martin Kirsch, Lia.
William Bullock, Alt.
PLANNING COMMISSION Martin Kirsch, Lia.
William Bullock, Alt.
SISTER CITY INTERNATIONAL Martin Kirsch, Lia.
James Prosser, Alt.
SUBURBAN RATE AUTHORITY Michael Sandahl, Dir.
James Prosser, Alt.
Motion carried 5-0.
Item #15 CONSIDERATION OF COUNCIL DESIGNATION OF MAYOR PRO
TEMPORE. C.L. N0. 54
M/Sandahl, S/Ludeman to designate Council Member Stokes to
serve as Mayor Pro Tempore for the year 1991.
Motion carried 5-0.
Item #16 CONSIDERATION OF A RESOLUTION OPPOSING FURTHER CUTS IN
STATE AID TO CITIES. C.L. NO. 55
City Manager Prosser reviewed Council Letter No. 55
regarding a resolution opposing further cuts in Local Government
Aid (LGA) to cities.
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. 7720
RESOLUTION OPPOSING FURTHER CUTS IN STATE AID TO CITIES
Motion carried 5-0. This resolution appears as Resolution
No. 7720 in Resolution Book No. 59.
Council Meeting Minutes -13- February 11,1991
Item #17 LEGISLATIVE REPORT
None
Item #18 COUNCIL DISCUSSION ITEMS
Council Member Ludeman requested discussion of hiring
practices at a study session.
City Manager Prosser reviewed the public service
contributions of Eileen Anderson during her 20 years of service
before her recent death. He indicated she left a solid tradition
of dedicated service as an example for all to follow. A plaque
provided for by employee donations will be placed at Wood Lake
Nature Center in her memory.
Item #19 CLAIMS AND PAYROLLS
1
M/Ludeman, S/Sandahl that the following claims and payrolls
be a~oroved:
RICHFIELD STATE BANK
Checks 13623-13681; 24313-24556 $ 805,471.90
FIRST WESTERN BANK
Checks 6022-6042 ~ $ 285,997.01
Checks 43204-44242; 45005-45322 Payroll $ 332,046.50
Motion carried 5-0.
ADJOURNMENT
The meeting was adjourned by unanimous consenn at~8:55 ~.m.
Date Approved:
2/25/91
n J.
Mayor
Thomas P. Ferber
City Clerk
G.X ..C~~
ame D. Prosser
Manager