02-25-1991CITY OF RICHFIELD, MINNESOTA
REGULAR CITY COUNCIL MEETING
February 25, 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; William Weaver,
City Planner; Shawn Drill, Zoning
Administrator; 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
and a moment of silence for the troops in the Middle East.
APPROVAL OF MINUTES
Council Member Bullock requested amendment of the minutes of
the regular council meeting of February 11, 1991 on page 12 to
state the Human Rights Commission Liason as William Bullock and
the Alternate as Kristal Stokes.
M/Ludeman, S/Stokes to approve the minutes of the Special
City Council Meeting of February 5, 1991; the minutes of the
Special City Council Meeting of February 6 1991; the minutes of
the Special Council Meeting of February 7, 1991; the minutes of
the S~aecial Council Meeting of February 11, 1991; and the
minutes of the regular Citv Council Meeting of February 11, 1991
as amended.
Motion carried 5-0.
Item #1 OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL
ON ANY ITEM NOT LISTED ON THE AGENDA.
Ernest Lindstrom, 7506 Fremont Avenue, reviewed a Wall
Street Journal article regarding attorney fees and stated
concerns about city attorney fees, hiring practices, city staff,
and city expenditures.
Council Meeting Minutes
-2- February 25, 1991
Item #2 PROCLAMATION IN SUPPORT OF RICHFIELD DECA-FREE
ENTERPRISES WEEK, FEBRUARY 25, - MARCH 1, 1991.
Mayor Kirsch read and presented a proclamation in support of
the Richfield DECA Free Enterprise Week, February 25 - March 1,
1991, to DECA students Kelly Vossberg and Heather Warfield. Ms.
Vossberg and Ms. Warfield reviewed Richfield DECA activities.
Item #3 PROCLAMATION DESIGNATING VOLUNTEERS OF AMERICA WEEK IN
RICHFIELD, MARCH 3-10, 1991
Council Member Stokes read and presented a proclamation
designating March 3-10, 1991 as Volunteers of America Week in
Richfield to Peggy Sanders.
Item #4 COUNCIL APPROVAL OF AGENDA
M/Ludeman, S/Sandahl to approve the agenda.
Motion carried 5-0.
Item #5 CONSENT CALENDAR
5A. APPROVED PURCHASE ORDER IN THE AMOUNT OF $28,439 TO
CARLSON TRACTOR AND EQUIPMENT COMPANY FOR PURCHASE OF
TRACTOR-LOADER FOR RICH ACRES GOLF COURSE. C.L. N0. 56
M/Ludeman, S/Sandahl to approve the consent calendar.
Motion carried 5-0.
Item #6 CONSIDERATION OF RESOLUTION APPROVING LAWFUL GAMBLING
ACTIVITY REQUESTED BY ST. RICHARD'S CHURCH, 7540 PENN
AVENUE SOUTH. C.L. NO. 57.
City Manager Prosser reviewed Council Letter No. 57
regarding the application of St. Richard's Church, 7540 Penn
Avenue, for renewal of their lawful gambling license.
Council Meeting Minutes
-3- February 25, 1991
M/Sandahl, S/Ludeman 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. 7721
A RESOLUTION GRANTING APPROVAL FOR THE
CHURCH OF ST. RICHARDS TO CONDUCT LAWFUL GAMBLING
Motion carried 5-0. This resolution appears as Resolution
No. 7721 in Resolution Hook No. 59.
Item #7 CONSIDERATION OF RESOLUTION ESTABLISHING JUST
COMPENSATION AND AUTHORIZING PURCHASE OF 7645 OAKLAND
AVENUE AND SUBMITTAL OF RIGHT-OF-WAY ACQUISITION LOAN
FUND (RALF) APPLICATION. C.L. N0. 58
City Manager Prosser reviewed Council Letter No. 58
recommending adoption of a resolution establishing dust
compensation and authorizing the purchase of 7645 Oakland Avenue
South and the submittal of a Right-of-Way Acquisition Loan Fund
(RALF) application.
M/Sandahl, S/Ludeman 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. 7722
RESOLUTION ESTABLISHING JUST COMPENSATION,
AUTHORIZING PURCHASE OF REAL PROPERTY AND
SUBMITTAL OF LOAN APPLICATION FOR
7645 OAKLAND AVENUE SOUTH
Motion carried 5-0. This resolution appears as Resolution
No. 7722 in Resolution Book No. 59.
Council Meeting Minutes
-4- February 25, 1991
Item #8 CONSIDERATION OF RESOLUTIONS RELATED TO WOOD LAKE
NATURE CENTER: 1) ESTABLISHING THE FRIENDS OF WOOD LAKE
AND 2) ESTABLISHING THE FRIENDS OF WOOD LAKE ENDOWMENT
FUND AND THE FRIENDS OF WOOD LAKE OPERATING FUND, AND
PROVISION FOR THE SAFE KEEPING AND USE OF SUCH FUNDS.
C.L. NO. 59
City Manager Prosser reviewed Council Letter No. 59
regarding the following recommendation of the Community Services
Commission:
1. That an independent, separate group, tentatively called
"Friends of Wood Lake" be created.
2. That this group report to and be advisory to the
Richfield Community Services Advisory Commission.
3. That the group have a Board of Directors with Hoard
voting membership consisting of:
One member from the Richfield City Council.
Two members from the Community Services Commission.
An even number, up to 10, of members serving at-large.
4. That the Board of Directors be selected by the Community
Services Commission with the exception of the City
Council member which shall be selected by the City
Council from its membership.
5. That Board of Director members serve staggered terms of
three years; the initial Hoard be appointed for one, two
or three year terms.
6. That the intent of the group is to raise operating and
endowment funds for Wood Lake Nature Center for purposes
over and/or above the City budget(s).
7. That the-budgeting for improvements should be based on
funds available rather than funds anticipated.
S. That funds raised by this group for Wood Lake Nature
Center shall be designated by ordinance or resolution,
whichever is appropriate.
9. That the Community Services Commission recognizes the
current efforts of many people working toward the goal
of this proposed group and will make every effort to
appoint an initial Hoard of Directors from this existing
group of people.
Council Meeting Minutes -5- February 25, 1991
Council Member Ludeman stated he supported the concept
except that he believes the City Council should make the
appointments to the Board.
City Manager Prosser stated this could be done but noted
that the organization would be advisory only and that the city
council approves all expenditures. He indicated that the Friends
of Wood Lake would be like a subcommittee of the Community
Services Commission.
Council Member Sandahl stated that the Friends would not
have any budgetary authority because that authority and
responsibility remains with the council.
Sue Sandahl, Chairperson of the Community Services
Commission, reviewed the commission's recommendation.
John Hamilton, 7220 Harriet Avenue, reviewed the activities
of the Friends of Wood Lake and planning for the Nature Center's
20th Anniversary.
Emily Day, 7340 Clinton Avenue, indicated this proposal
would provide an avenue for many in and outside the city to help
support the Wood Lake Nature Center.
Community Services Director Fondrick stated the Community
Services Commission had expressed a desire to make the
appointments so that those already involved with Wood Lake can
remain and to stay away from the appearance of political
appointments.
Council Member Bullock reviewed the Community Services
Commission concerns and reasons for their desire to make the
appointments to the Friends of Wood Lake.
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 N0. 7723
RESOLUTION ESTABLISHING THE FRIENDS OF WOOD LAKE
Motion carried 4-1. (Ludeman opposed) This resolution
appears as Resolution No. 7723 in Resolution Hook No. 59.
Council Member Ludeman stated he voted nay because he
opposed allowing the Community Services Commission to make the
appointments.
Council Meeting Minutes -6- February 25, 1991
M/Ludeman, S/Bullock that the following resolution be
adopted: that it be spread in the resolution book and that it be
made Bart of these minutes:
RESOLUTION NO. 7724
RESOLUTION ESTABLISHING THE
FRIENDS OF WOOD LAKE ENDOWMENT FUND AND
THE FRIENDS OF WOOD LAKE OPERATING FUND AND
PROVIDING FOR THE SAFE KEEPING RND USE OF SUCH FUNDS
Motion carried 5-0. This resolution appears as Resolution
No. 7724 in Resolution Book No. 59.
Item #9 DISCUSSION OF RECONSIDERATION OF CONDITIONAL USE PERMIT
AND OFFSTREET PARKING PERMIT FOR AN INDOOR MINIATURE
GOLF FACILITY WITH VIDEO MACHINES AND CONCESSIONS AT
7200 CEDAR AVENUE. C.L. NO. 60
City Manager Prosser reviewed Council Letter No. 60
regarding possible reconsideration of City Council action
approving a conditional use permit granted to Putter's Paradise,
7200 Cedar Avenue.
Mayor Kirsch stated he had asked that this item be placed on
the agenda because he had received a petition (Clerks File No. C-
319) from 64 residents requesting reconsideration.
James Picha, 7234 18th Avenue, presented additional
petitions with 235 names (Clerks File No. C-320). He stated the
neighborhood has strong feelings and concerns about the possible
negative impact of this business. He stated that an amusement
business was not compatible with the adjacent neighborhood and
that office or small businesses with day hours would be
preferable. Mr. Picha stated he is not aware of any similar
business located in a residential area.
Dan Markwardt, 3515 East 42nd Street, Putter's Paradise,
stated that he felt the business would be compatible with the
neighborhood and that he is willing to meet with residents to
resolve any concerns they have about this business. Mr.
Markwardt said that the conditional use permit was granted with
the stipulation that the business would not be disruptive to the
neighborhood and that he will run it well.
Council Member Bullock asked how many amusement devices
would be located at the business.
['
Council Meeting Minutes
-7- February 25, 1991
Mr. Markwardt stated there would be 4 video games, 3 pinball
machines, and 3-4 mechanical amusement devices.
Joel Skaggs, 7128 18th Avenue, stated that there was a
Putter's Paradise in the northern suburbs which has congregation
and juvenile problems. He said the council's approval disregards
the Planning Commission, disregards the residents wishes, and
that this business will be disruptive to the neighborhood.
Council Member Bullock stated that the Planning Commission
vote was 3-3. He asked Mr. Skaggs what use would be more
acceptable.
Mr. Skaggs indicated businesses like the transmission shop,
plumber, electrical contractor, and CDP were more appropriate for
the area.
Council Member Sandahl stated that petitions sometimes are
not always totally conclusive. He stated that this site is
adjacent to a residential area not in it. He stated the
condition placed on the conditional use permit will provide for
control of any problems that could occur as a result of the
business.
Council Member Bullock asked Mr. Markwardt if he operated
the Putter's Paradise in Blaine.
Mr. Markwardt stated that he has no relationship to that
operation.
Council Member Ludeman asked if the city would be liable for
damages if the council rescinded it's approval.
City Attorney Dean stated that since it appears that the
applicant has not yet spent significant funds nor started
building, it is unlikely that he would be awarded damages.
M/Ludeman, S/Sandahl that the City Council not reconsider
the conditional use permit granted to Putter's Paradise, 7200
Cedar Avenue.
Motion carried 3-2. (Kirsch, Stokes opposed)
Council Member Stokes stated Mr. Markwardt appeared to be
willing to work with residents to resolve issues of concern.
Mayor Kirsch recommended that Mr. Markwardt and the
residents meet with each other.
City Manager Prosser reviewed the mediation process
available from West Suburban Mediation that could be utilized by
the developer.
Council Meeting Minutes
Item #10 LEGISLATIVE REPORT
-8- February 25, 1991
City Manager Prosser reviewed the potential of severe impact
on the City by the State budget situation. He indicated the
governor's budget proposal may result in a loss of state aid to
the City of $400,000 in-1991 and 2.8 million in 1992. He stated
that the City would be reviewing options, concepts, and
priorities in anticipation of these severe cutbacks.
Item #11 COUNCIL DISCUSSION ITEMS
None
Item #12 CLAIMS AND PAYROLLS
M/Ludeman, S/Sandahl that the following claims and payrolls
be approved:
RICHFIELD STATE BANK
Checks 13682-13724; 24562-24804
FIRST MINNESOTA
Check 1116
FIRST WESTERN HANK
Checks 6043-6065
Checks 43245-43283;
Motion carried 5-0.
ADJOURNMENT
`]
$ 725,828.65
$ 15,000.00
$ 648,923.71
45328-45647 Payroll $ 340,496.41
M/Ludeman, S/Stokes to adjourn the meeting.
Motion carried 5-0.
The meeting was adjourned at 8:45 p.m.
_ n 9l
Date Approved : 3 / 11 / 91
Thomas P. Ferber
City Clerk
- . ~ . ,~o~
Martin J. rs ayor
ame D. Prosser
Manager