03-25-1991CITY OF RICHFIELD, MINNESOTA
REGULAR CITY COUNCIL MEETING
March 25, 1991
MEMBERS PRESENT: Martin Kirsch, Mayor; Ivan Ludeman; Michael
Sandahl; Kristal Stokes; and William Bullock.
STAFF PRESENT: James Prosser, City Manager; 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; Melanie Ault,
Personnel 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 requested a moment of silence for the troops in the
Middle East and to honor Charley Turner.
APPROVAL OF MINUTES
M/Sandahl, S/Stokes to approve the minutes of the regular
City Council Meeting of March 11, 1991.
Motion carried 5-0.
Item #1 OPPORTUNITY FOR PERSONS TO ADDRESS THE CITY COUNCIL
ON ANY ITEM NOT LISTED ON THE AGENDA.
Delores Minchow-Hurnstein, 6815 20th Avenue, requested that
the City adopt a cat leashing law.
Floyd Sandell, 6737 3rd Avenue, stated concerns about the
methods and frequency of the assessing divisions determination of
market value.
City Manager Prosser stated that he would ask Hennepin
County assessor Larry Miller to meet with Mr. Sandell to review
these issues.
Council Meeting Minutes -2- March 25, 1991
Item #2 PRESENTATION OF PEDESTRIAN CITATION AWARD TO 'THE CITY
OF RICHFIELD BY THE AMERICAN AUTOMOBILE CLUB
ASSOCIATION.
JoAnne Boche, Community Services Manager for the AAA
Foundation for Safety, presented the American Automobile Club
Association Pedestrian Citation Award to the City for achievement
in pedestrian safety programs.
Item #3 COUNCIL APPROVAL OF AGENDA
M/Ludeman, S/Sandahl to anDrove the agenda.
Motion carried 5-O.
Item #4 CONSENT CALENDAR
Council Member Ludeman requested that the consent calendar
be amended by placing Item 4B. on the regular agenda. Mayor
Kirsch stated Item 4B "Consideration of Approval of Resolution of
Opposition to Double Pension Cost of Living Mechanisms (13th
Check) C.L. #67" would be removed from the Consent Calendar and
placed on the regular agenda as Item #12A.
4A. APPROVED RESOLUTION APPROVING A SOLID WASTE SOURCE
REDUCTION PLAN FOR RICHFIELD CITY OFFICES, IN
COMPLIANCE WITH 1991 HENNEPIN COUNTY RECYCLING GRANT
GUIDELINES C.L. 66
RESOLUTION NO. 7726
RESOLUTION APPROVING THE 1991 CITY OFFICE SOLID WASTE SOURCE
REDUCTION PLAN, PURSUANT TO HENNEPIN COUNTY MUNICIPAL
RECYCLING GRANT GUIDELINES
This Resolution appears as Resolution No. 7726 in Resolution
Book No. 59.
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Council Meeting Minutes -3- March 25, 1991
B. Removed from the consent calendar and placed on the
regular agenda as Item #12A.
C. APPROVED RESOLUTION APPROVING A LABOR AGREEMENT WITH
THE INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL
N0. 49 UNIT FOR THE YEAR 1991 C.L. 68
RESOLUTION N0. 7727
RESOLUTION APPROVING ADDENDUM
TO LABOR AGREEMENT BETWEEN THE CITY OF RICHFIELD
AND INTERNATIONAL UNION OF OPERATING ENGINEERS
LOCAL 49 AFL/CIO FOR THE YEAR 1991
This Resolution appears as Resolution No. 7727 in Resolution
Book No. 59.
D. APPROVED CONSIDERATION OF RESOLUTIONS RELATING TO
PROPOSED STREET LIGHTING IMPROVEMENT C.L. 69
RESOLUTION N0. 7728
RESOLUTION DECLARING ADEQUACY OF PETITION
AND ORDERING PREPARATION OF REPORT
(6709 FIRST AVENUE STREETLIGHT)
This Resolution appears as Resolution No. 7728 in Resolution
Book No. 59.
RESOLUTION.NO. 7729
RESOLUTION RECEIVING REPORT, ORDERING IMPROVEMENT
AND ORDERING WORK DONE BY DAY LABOR
(6709 FIRST AVENUE STREETLIGHT)
This Resolution appears as Resolution No. 7729 in Resolution
Book No. 59.
E. APPROVED BID MINUTES/TABULATION AND AWARD OF CONTRACT,
INCLUDING BASE BID AND ALTERNATES NUMBER ONE AND
NUMBER THREE, TO ALLTECH ENGINEERING CORP. TO DESIGN,
CONSTRUCT, AND INSTALL A WATER SLIDE AT THE RICHFIELD
MUNICIPAL POOL FOR A NET TOTAL CONTRACT AWARD OF
$210,900.00 G.L. 70
F. APPROVED HID MINUTES/TABULATION AND REJECTION OF ALL
BIDS AND REQUESTED STAFF TO SOLICIT QUOTATIONS FOR NEW
SKID STEER LOADER IN AN INFORMAL PROCESS AND SELL USED
LOADER OUTRIGHT C.L. 71
Council Meeting Minutes -4- March 25, 1991
G. APPROVED BID MINUTES/TABULATION AND AWARD 1991 CONTRACT
FOR REMOVAL OF DISEASED TREES ON PRIVATE PROPERTY TO
CERES TREE COMPANY IN THE TOTAL ESTIMATED AMOxJNT OF
$87,149.00 C.L. 72
H. APPROVED PURCHASE ORDER TO M.T.I. DISTRIBUTING COMPANY
FOR A TORO 322-D LAWN MOWER FOR PARK MAINTENANCE
DIVISION IN THE SUM OF $11,470.00 C.L. 73
M/Ludeman, S/Sandahl to approve the consent calendar as
amended.
Motion carried 5-0.
Item #5 FIRST READING OF AN AMENDMENT TO THE ZONING ORDINANCE
WHICH RELATES TO LONG-STANDING NONCONFORMING USES AND
STRUCTURES. C.L. N0. 74
City Manager Prosser reviewed Council Letter No. 74
regarding a proposed ordinance amendment to provide two methods,
under proper circumstances, by which long-standing nonconforming
uses and structures may be issued a conditional use activity
permit or a nonconforming use permit.
Community Development Director Wallace reviewed an example
of how this proposed ordinance could be utilized regarding non-
conforming uses and structures. He stated that the Planning
Commission unanimously recommended approval of the amendment on
February 26, 1991. However, the Commission questioned the
criteria which requires the use to be established by a prior
owner. The~mmission stated that the criteria requiring the use
or structure to be in existence for at least 15 years was
sufficient, at least when dealing with single family dwellings.
Council discussion followed regarding the 15 year timeframe
and the prior owner criteria. It was the consensus of the City
Council that alternative wording be prepared by the City Attorney
for consideration at the public hearing and second reading.
M/Ludeman, S/Sandahl that this constitute the First Reading
of this ordinance amendment to Section 515 of Appendix B and that
the Public Hearing and Second Reading of the ordinance be
scheduled for the April 22, 1991 City Council Meeting.
Motion carried 5-0.
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Council Meeting Minutes
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March 25, 1991
Item #6 CONSIDERATION OF THE URBAN HENNEPIN COUNTY YEAR XVII
COMMUNITY BLOCK GRANT (CDBG) ALLOCATION. C.L. NO. 75
City Manager Prosser reviewed Council Letter No. 75
recommending the allocation of Urban Hennepin County Year XVII
Community Development Block Grant funds as follows:
1. Housing Improvement:
a. Housing rehabilitation $ 75,865
b. Scattered Site $ 72,210
2. Public Service:
a. H.O.M.E. $ 14,622
b. Child Day Care S 20.110
TOTAL $182,807
Grace Norris., Community Liason for the Greater Minneapolis
Day Care Association, spoke in support of their funding request
to serve Richfield residents.
M/Sandahl, S/Ludeman to close the public hearing.
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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 mart of these minutes:
RESOLUTION N0. 7730
RESOLUTION APPROVING PROPOSED PROGRAM FOR YEAR XVII
URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDS AND AUTHORIZING ITS SUBMITTAL
Motion carried 5-0. This resolution appears as Resolution
No. 7730 in Resolution Book No. 59.
Item #7 CONSIDERATION OF APPROVAL OF RESOLUTION DECLARING
APRIL 21, 1991 AS EARTH DAY 1991 AND PROMOTE THE CITY'S
CELEBRATION OF THIS DAY. C.L. NO. 76
City Manager Prosser reviewed Council Letter No. 76
regarding the designation of April 21, 1991 as Earth Day 1991 in
the City of Richfield.
Council Meeting Minutes -6- March 25, 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. 7731
RESOLUTION DECLARING APRIL 21, 1991 AS EARTH DAY 1991
Motion carried 5-O. This resolution appears as Resolution
No. 7731 in Resolution Book No. 59.
Item #8 CONSIDERATION OF APPROVAL OF RESOLUTION DECLARING
MAY 5, 1991 AS WOOD LAKE NATURE CENTER DAY AND PROMOTE
THIS CELEBRATION TO THE COMMUNITY. C.L. NO. 77
City Manager Prosser reviewed Council Letter No. 77
regarding. the designation of May 5, 1991 as Wood Lake Nature
Center Day.
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. 7732
RESOLUTION DECLARING MAY 5, 1991 AS WOOD LAKE NATURE CENTER DAY
Motion carried 5-O. This resolution appears as Resolution
No. 7732 in Resolution Book No. 59.
Item #9 CONSIDERATION OF RESOLUTION EXPRESSING SUPPORT FOR
SUBURBAN HENNEPIN PARK LEGISLATION. C.L. #78
City Manager Prosser reviewed Council Letter No. 7$
regarding council consideration of a position regarding proposed
Suburban Hennepin Parks legislation.
City Clerk Ferber read a letter (Clerk's File No. 321) from
Hennepin County Commissioner Randy Johnson in opposition to the
legislation.
Bob McFarlin, a resident of Minnetonka, stated support for
the legislation which would make all members of the elected
Suburban Hennepin Park Board be elected. He stated that it is
appropriate that the Board be responsible to the voters because
it has taxing authority.
Council Meeting Minutes =7- March 25, 1991
Council Member Bullock asked about the issue of the
inclusion of the City of Minneapolis in the Park District tax
base.
Mr. McFarlin reviewed the history of the Board and noted
that legislation had separated Minneapolis from the Park
District.
Council Member Ludeman asked if there was a limit to the
Park Board's taxing authority.
Mr. McFarlin stated there is a statutory limit.
Judy Larson, aide to Hennepin County Commission Randy
Johnson, stated that the Hennepin County Board should have
oversight of the Park Hoard budget because they are accountable
to the citizens. She indicated that citizens are not aware of
the Park Board or it's taxing authority. Ms. Larson stated that
Minneapolis should be included in the Park District tax base,
indicating taxes increased 40~ when Minneapolis was excluded.
Dale Klenkendahl, a resident of Eden Prairie, spoke in
support of the proposed legislation.
Council Member Ludeman stated he did not support the
legislation because he felt it would be adding another layer of
government.
Council Member Sandahl stated he would support the
legislation.
Council Member Bullock noted that five of the seven members
are currently elected and this change .would make all seven
members elected, not create a new board. He stated the fiscal
focus should be on the Park Board.
M/Bullock, 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. 7733
MUNICIPAL SUPPORT FOR SUBURBAN HENNEPIN PARKS LEGISLATION
Motion carried 3-2. (Kirsch, Ludeman opposed) This
resolution appears as Resolution No. 7733 in Resolution Book No.
59.
Item #10 CONSIDERATION OF A PROPOSAL TO CONDUCT A COMMUNITY CITY
SERVICES SURVEY BY DECISION RESOURCES IN AN AMOUNT NOT
TO EXCEED $10,000. C.L. NO. 79
City Manager Prosser reviewed Council Letter No. 79
regarding a proposal to conduct a community city services survey.
Council Meeting Minutes -8- March 25, 1991
Bill Morris, Decision Resources Ltd., reviewed the proposal
for the community survey and answered questions regarding the
process and outcomes.
Lawrence Wozniczka, 6744 Wentworth Avenue, stated concern
that the survey would be conducted before the legislature acts on
the budget and before City staff prioritizes budget cuts. He
suggested that it be published for all to study prior to
conducting it and that the results be published. He also
suggested $10,000 could be saved if no survey is done.
Council Member Sandahl stated that the survey could be
useful to give information regarding possible service cuts and
fee options.
Council Member Bullock stated that the timeliness of the
survey is a question and that the last survey was only 1 1/2
years ago.
Council Member Stokes stated that a survey is a valid tool
but it may be better to do it later.
Council Member Ludeman suggested possibly putting a survey
in the Your City/Your Schools publication.
Council Member Bullock stated this may provide a broad base
of response.
Council Member Sandahl stated that because that type of
survey would not be a scientific sample, the information may not
be useful or accurate.
City Manager Prosser stated that the last community survey
was 155 questions and that the wording, length, compilation, and
interpretation could be costly if attempted through Your City
Your Schools.
M/Ludeman, S/Bullock #o deny authorization to execute an
agreement for a community survey by Decision Resources Ltd.
Motion carried 4-1. (Sandahl opposed)
Item #11 CONSIDERATION OF APPOINTMENT OF CITY COUNCIL MEMBER TO
FRIENDS OF WOOD LAKE HOARD OF DIRECTORS. C.L. N0. 80
Council Members Sandahl and Bullock expressed their interest
in this appointment.
Council Meeting Minutes -9- March 25, 1991
M/Ludeman, S/Stokes to ag~oint City Council Member Bullock
to serve a three year term on the board of Directors for the
Friends of Wood Lake.
Motion carried 5-0.
Item #12 CONSIDERATION OF APPOINTMENT OF CITY REPRESENTATIVE TO
THE METROPOLITAN AIRPORTS COMMISSION (MAC) PART 150
COMMITTEE. C.L. N0. 81
City Manager Prosser reviewed Council Letter No. 81
regarding City Council appointment of a member to the
Metropolitan Airports Commission Part 150 Committee.
M/Bullock, S/Sandahl to appoint City Planner Hill Weaver as
the City of Richfield representative on the Metropolitan Airports
Commission Part 150 Committee.
Motion carried 5-0.
Item #12A CONSIDERATION OF APPROVAL OF RESOLUTION OF OPPOSITION
TO DOUBLE PENSION COST OF LIVING MECHANISMS (13TH
CHECK) C.L. N0. 67
City Manager Prosser reviewed Council Letter No. 67
regarding consideration of a position in opposition to Double
Pension Cost of Living Mechanisms (13th Check) legislation. He
reviewed the potential additional costs to taxpayers of this
legislation.
Council Member Ludeman stated that this should be reviewed
with the police and fire associations. He requested
consideration of this item be delayed for two weeks.
M/Ludeman, S/Stokes to continue consideration of a posi
regarding Double Pension Cost of Living Mechanisms (13th check)
to the April 8, 1991 City Council Meetir}g to get input from the
leadership of the Police and Fire Relief Associations and that
the Leaque of Minnesota Cities (LMC) Report and the City!
auditor's report on this issue be provided to the Council.
Motion carried 5-0.
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Council Meeting Minutes -10- March 25, 1991
Item #13 LEGISLATIVE REPORT
None
Item #14 COUNCIL DISCUSSION ITEMS
Council Member Sandahl discussed the issue of legal
representation of council members regarding a recent lawsuit.
City Attorney Dean stated the lawsuit regarding the
propriety of the recent appointments to fill the Ward 1 and
Ward 3 City Council vacancies had been tendered to the LMC
Insurance Trust. He stated it is likely to be referred to the
City Attorney for defense. He stated .that the City has the
statuto~°y ®I~ligation to p~covide ~1ei'ense. IuIP. Dead stated that it
was unlikely individual counsel would be necessary.
- Lawrence Wozniczka, 6744 Wentworth Avenue, asked who had
filed the lawsuit.
City Attorney Dean stated that Guy T. (Ted) Farrington was
the plaintiff. -
Council Member Bullock stated nominations for the "Gene
Jacobsen Citizen of the Year Award" are now being sought by the
Richfield Human Rights Commission. He stated members of the
community are encouraged to nominate a person, group, family,
business or corporation whose volunteer service and actions
demonstrate an awareness and commitment to the attitudes and
practices that foster human understanding, tolerance and the
promotion of human rights in our community. He indicated
nomination forms and background information are available through
the City Manager's office at City Hall, and that the deadline for
submission is Friday, April 12, 1991.
Council Member Ludeman suggested that street and sidewalk
sweeping be done in the Hub area because of the excessive amount
of sand.
LJ
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Council Meeting Minutes
Item #15 CLAIMS AND PAYROLLS
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M/Ludeman, S/Sandahl that the following claims and payrolls
be approved:
RICHFIELD STATE BANK
Checks 13788-139899; 25072-25180r $ 738,084.88
FIRST WESTERN BANK
Checks 6086-7105 $ 714,499.50
Checks 44936-44976; 45981-46277 Payroll $ 331,423.95
Motion carried 5-0.
ADJOURNMENT
M/Bullock, S/Kirsch to adjourn the meeting.
Motion carried 5-0.
The meeting was adjourned at 9:05 p.m.
Date A roved : 4/ 9/ 91 ~
PP
' Ma n J. ~rs
Thomas P. Ferber
City Clerk
March 25, 1991