04-08-1991CITY OF RICHFIELD, MINNESOTA
REGULAR CITY COUNCIL MEETING
April 8, 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
Ferber, City Clerk; Donald Fondrick,
Community Services Director; Byron Wallace,
Community Development Director; Jack Erskine,
Public Safety Director; William Fillmore,
Liquor Operations Director; Gretchen Blank,
Leisure Services Coordinator; 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.
APPROVAL OF MINUTES
M/Stokes, S/Ludeman to approve the minutes of the Special
City Council Meeting of March 25, 1991; the minutes of the
regular City Council Meeting of March 25, 1991; and the minutes
of the City Council Study Session of April 1, 1991.
Motion carried 5-0.
Item #1 OPPORTUNITY FOR PERSONS TO ADDRESS THE CITY COUNCIL
ON ANY ITEM NOT LISTED ON THE AGENDA.
Ernest Lindstrom, 7406 Fremont Avenue, stated concerns that
the market value assessments are arbitrary and unequal in
Richfield. He reviewed a chart he gave to the City Council
members comparing the assessed market value of his home in the
last several years to certain current and former council members
and the City Manager. He stated concerns for Mr. Wayne Corder,
1200 W. 73rd Street, because he was 77 years old and had heart
surgery making it difficult to pay his taxes. Mr. Lindstrom said
he thought Mr. Corder's house should not be valued as high as it
is in relation to others. He also said he thought the Hennepin
County assessor was not consistent in determing market values.
Council Meeting Minutes -2- April 8, 1991
Item #2 PROCLAMATION DESIGNATING HEALTH FAIR 11 DAY IN
RICHFIELD, APRIL 20, 1991
Council Member Stokes read and presented a proclamation
designating April 20, 1991 as Health Fair 11 Day in the City of
Richfield to Dr. Kay Otter.
Item #3 PROCLAMATION DESIGNATING VOLUNTEER RECOGNITION WEEK IN
RICHFIELD, APRIL 21-27, 1991
Council Member Sandahl read and presented a proclamation
designating April 21-27, 1991 as Volunteer Recognition Week in
the City of Richfield to Leisure Services Coordinator Gretchen
Blank.
Item #4 PROCLAMATION DESIGNATING APRIL 21 AS ARBOR DAY AND MAY
AS ARBOR MONTH. C.L. NO. 82
Council Member Bullock read the official proclamation
designating April 21, 1991 as Arbor Day and May, 1991 as Arbor
Month in the City of Richfield.
Item #5 COUNCIL APPROVAL OF AGENDA
Council Member Ludeman asked that an item be added to the
agenda for discussion of the Community Services Commission's
consideration of accepting advertisements in the community
services brochure.
Mayor Kirsch stated that this issue would be placed on the
agenda as Item #13A.
M/Ludeman, S/Sandahl to approve the agenda as amended.
Motion carried 5-0.
Council Meeting Minutes -3- April 8, 1991
Item #6 CONSENT CALENDAR
Council Member Ludeman requested that the consent calendar
be amended by placing Item 6B on the regular agenda. Mayor
Kirsch stated that Item 6B "Consideration of Approval of
Agreement with Schwarz/Weber Architects, Inc. for consulting
services related to multipurpose building at Veterans Memorial
Park of Richfield in the amount of $19,500, C.L. No. 84" would be
removed from the consent calendar and placed on the regular
agenda as Item #138.
A. APPROVED 69TH/XERXES STORM SEWER PROJECTS AND APPROVAL
OF AGREEMENT WITH ORR-SCHELEN-MAYERON AND ASSOCIATES
(OSM) FOR ENGINEERING SERVICES ON THE PROJECT.
C.L.N0.83
B. Removed from the consent calendar and placed on the
regular agenda as Item #138.
C. APPROVED BID MINUTES/TABULATION AND AWARD OF CONTRACT
FOR TENNIS COURT REPAIR AND RESURFACING TO FINLEY BROS.
ENTERPRISES, DBA TENNIS WEST LTD. IN THE AMOUNT OF
$24,833. C.L. NO. 85
D. APPROVED RESOLUTION AUTHORIZING USE OF ADDITIONAL
MUNICIPAL STATE AID FUNDS FOR CITY PROJECT 828,
EMERGENCY VEHICLE PREEMPTION. C.L. N0. 86
RESOLUTION N0. 7734
RESOLUTION AUTHORIZING THE EXPENDITURE OF ADDITIONAL MUNICIPAL
STATE AID (MSA) FUNDS FOR
THE EMERGENCY VEHICLE PREEMPTION SYSTEM (OPTICOM)
CITY PROJECT N0. 828
This resolution appears as Resolution No. 7734 in Resolution
Book No. 59.
E. APPROVED RESOLUTION AUTHORIZING THE SUBMITTAL OF
PRELIMINARY RIGHT-OF-WAY ACQUISITION LOAN FUND (RALF)
LOAN APPLICATION FOR THE PURCHASE OF PROPERTY AT 7644
THIRD AVENUE C.L. N0. 87
RESOLUTION N0. 7735
RESOLUTION AUTHORIZING LOAN APPLICATION
FOR ACQUISITION OF 77TH STREET RIGHT-OF-WAY;
7644 THIRD AVENUE
This Resolution appears as Resolution No. 7734 in Resolution
Book No. 59.
Council Meeting Minutes -4- April 8, 1991
M/Ludeman, S/Bullock to approve the consent calendar as
amended.
Motion carried 5-0.
Item #7 CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT TO
ALLOW A 50 SEAT RESTAURANT WITH CARRY-OUT SERVICE AT
2902 WEST 66TH STREET. C.L. N0. 88
City Manager Prosser reviewed Council Letter No. 88
regarding a request by Boston Chicken Restaurant for a
conditional use permit to allow a 50 seat restaurant with carry-
out service in the Southdale Square Shopping Center.
M/Sandahl, S/Stokes to close the public hearing.
Motion carried 5-0.
M/Sandahl, S/Bullock to approve the conditional rase permit
for a 50 seat Boston Chicken Restaurant with carry-out service at
2902 West 66th Street with the following stipulations:
1. A landscape plan, with cash escrow, be submitted prior
to the issuance of a Certificate of Occupancy for the
restaurant.
2. At least 20 parking spaces in the area of the proposed
restaurant be signed for short term parking.
Motion carried 5-0.
Item #8 FIRST READING OF ORDINANCE AMENDMENT TO THE PC-2 ZONING
DISTRICT AND APPROVAL OF A PRELIMINARY PLANNED UNIT
DEVELOPMENT PLAN FOR HUB WEST. C.L. NO. 89
City Manager Prosser reviewed Council Letter No. 89
regarding a proposed ordinance amendment to expand the boundaries
of the PC-2 zoning district and approval of a preliminary planned
unit development plan for HUB West.
M/Sandahl, S/Ludeman to approve the preliminary planned unit
development plan for HUB West; and, that this constitute the
First Reading of this ordinance amendment to Appendix B-1 of the
Zoning Ordinance Code expanding the boundaries of the PC-2
district, and that the Public Hearing and Second Reading of the
Motion carried 5-0.
ordinance be scheduled for the April 22, 1991 City Council
Meeting.
Council Meeting Minutes ®7- April 8, 1991
Item #13 CONSIDERATION OF SCHEDULING AN EXECUTIVE CITY COUNCIL
SESSION FOR APRIL 22, 1991. C.L. NO. 94
City Manager Prosser reviewed Council Letter No. 94
regarding consideration of scheduling a Closed Executive City
Council session for April 22, 1991, 6:00 p.m. for the purpose of
discussion of pending litigation with counsel.
M/Sandahl, S/Bullock to schedule a Closed Executive City
Council Meeting for April 22, 1991 at 6:00 P.M. in the large
conference room for the purpose of discussion of the Farrington
vs. Richfield Wending litigation with City Attorney James J.
Thomson from Holmes & Graven.
Motion carried 5-0.
Item #13A DISCUSSION REGARDING ACCEPTANCE OF ADVERTISING IN
COMMUNITY SERVICES SEASONAL RECREATION BROCHURE.
Council Member Ludeman stated concern that it appeared that
the Community Services Commission had approved selling
advertisements in the seasonal recreation brochure. He stated
that although this idea may have merit, the City Council should
make this decision.
City Manager Prosser stated that Community Services
Commission had scheduled discussion of this concept for their
next meeting and would make a recommendation to the City Council.
Council Member Bullock stated that the Community Services
Commission had not yet taken any action on this issue and that it
was the Commission's intention to make a recommendation to the
City Council for their action.
It was the consensus of the Council that this was
appropriate.
Item #13B CONSIDERATION OF APPROVAL OF AGREEMENT WITH
SCHWARZ/WEBER ARCHITECTS, INC. FOR CONSULTING SERVICES
RELATED TO MULTIPURPOSE BUILDING AT VETERANS MEMORIAL
PARK OF RICHFIELD IN THE AMOUNT OF $19,500. C.L.N0.84
Council Member Ludeman stated concern that the inclusion of
a possible miniature golf course in the project description not
be considered as an approval of a miniature golf course.
Council Meeting Minutes -8- April 8, 1991
City Manager Prosser stated that a decision regarding a
miniature golf course would have to be made by the City Council
if it is proposed in the future. The architect's project
included the potential for miniature golf to provide design
flexibility if it were ever to be built in the future.
M/Ludeman, S/Sandahl to approve the agreement between the
City of Richfield and Schwarz/Weber Architects, Inc in the
amount of 519,500, for consulting services related to a
multipurpose building in Veterans Memorial Park of Richfield and
that the inclusion of a possible miniature golf course in the
project description is to provide for design flexibility and is
not an approval of a miniature golf course.
Motion carried 5-0.
Item #14 LEGISLATIVE REPORT
City Manager Prosser reviewed the status of legislation
regarding the following issues:
1) 77th Street Funding
2) Police Relief Association/PERA Consolidation
3) LGA, tax structure, and state budget
Item #15 COUNCIL DISCUSSION ITEMS
Council Member Sandahl noted the poor pavement conditions at
the 76th Street and Penn Avenue intersection.
Community Services Director Fondrick reviewed the status of
proposals for improvements to the intersection.
Item #16 CLAIMS AND PAYROLLS
M/Sandahl, S/Ludeman that the following claims and payrolls
be approved:
RICHFIELD STATE HANK
Checks 13839-13901; 25184-25535 $819,774.31
FIRST MINNESOTA
Check 1117 $ 25,000.00
Council Meeting Minutes -5- April 8, 1991
Item #9 CONSIDERATION OF APPROVAL OF RESOLUTION OF OPPOSITION
TO DOUBLE PENSION COST OF LIVING MECHANISMS (13TH
CHECK)_(DEFERRED FROM MARCH 25 CITY COUNCIL MEETING)
C.L. N0. 90
City Manager Prosser reviewed Council Letter No. 90
regarding consideration of a resolution in opposition to proposed
"13th Check" legislation.
Council Member Ludeman stated concern that such legislation
could impact the unfunded liability of local relief association
pension funds and in the long run be an additional cost to
taxpayers.
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. 7736.
A RESOLUTION IN OPPOSITION TO DOUBLE PENSION
COST OF LIVING MECHANISMS (13TH CHECK)
[7
Motion carried 5-O. This resolution appears as Resolution
No. 7736 in Resolution Hook No. 59.
Item #10 CONSIDERATION OF APPROVAL OF RESOLUTION RELATING TO
I35W ENVIRONMENTAL IMPACT STATEMENT (EIS) DELAY AND
SPLIT OF EIS INTO TWO PORTIONS. C.L. N0. 91
City Manager Prosser reviewed Council Letter No. 91
regarding consideration of a resolution relating to the I35W
Environmental Impact Statement (EIS) delay and split of the EIS
into two portions.
Don Cederholm, 6214 5th Avenue, inquired if any decisions
had been made by MnDot regarding acquisition of properties in
Richfield for I35W. He stated that he had heard that acquisition
of property was occuririg in South Minneapolis.
Community Services Director Fondrick stated that the City is
not aware of any property acquisitions at this time. He
indicated that the EIS for the various options would not be
completed until late this year. Mr. Fondrick stated he would
investigate Mr. Cedarholm's information.
Council Meeting Minutes -6- April 8, 1991
M/Sandahl, S/Ludeman that the following resolution be
adovted; that it be spread in the resolution book and that it be
made Dart of these minutes:
RESOLUTION NO. 7737
RESOLUTION RELATING 135W ENVIRONMENTAL IMPACT STATEMENT DELAY
AND SPLIT OF ENVIRONMENTAL IMPACT STATEMENT INTO TWO PORTIONS
Motion carried 5-0. This resolution appears as Resolution
No. 7737 in Resolution Hook No. 59.
Item #11 CONSIDERATION OF COMMUNITY SERVICES COMMISSION'S
RECOMMENDATION ON WATERSLIDE FEES FOR 1991 AT THE
RICHFIELD MUNICIPAL POOL. C.L. NO. 92
City Manager Prosser reviewed Council Letter No. 92
regarding the establishment of fees for the use of the new
waterslide to be located at the municipal pool.
M/Sandahl, S/Bullock t aDDrove the following waterslide
fees for 1991:
3 slides $1.00 (33G/slide)
6 slides $1.50 (25C/slide)
12 slides $2.50 (21~/slide)
Motion carried 5-0.
Item #12 CONSIDERATION OF RECEIPT OF UNAUDITED 1990 FINANCIAL
REPORT. C.L. NO. 93
City Manager Prosser reviewed Council Letter No. 93
regarding presentation of the unaudited 1990 Financial Report of
the City.
M/Sandahl, S/Ludeman to receive the unaudited 1990 Financial
Report.
Motion carried 5 0.
Council Meeting Minutes -9- April 8, 1991
FIRST WESTERN BANK
Checks 6106-6128 $429,753.72
Checks 44975-44996; 46282-46585 Payroll $335,643.07
Motion carried 5-0.
ADJOURNMENT
M/Bullock, S/Kirsch to adjourn the meeting.
Motion carried 5-0.
The meeting was adjourned at 8:00 p.m.
1
Date Approved: 4/22/91
Thomas P. Ferber
City Clerk
Martin J. irsch Mayor
J ~e D. Prosser
C ty Manager