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04-22-1985, CITY OF RICHFIELD, MINNESOTA "~`~• CITY COUNCIL REGULAR MEETING APRIL 22, 1985 TYze regular meeting o£ the City Council was called to order by Mayor Hamilton. at 7':00 p.m. COUNCIL MEMBERS PRESENT: Mayor John Hamilton; Howard Bunce; Ivan Ludeman; Don Priebe; and, Michael. Sandahl STAFF PRESENT= John Cartwright, City Manager; Clayton LeFevere, City Attorney; Steve Deviate, Administrative .Services Director; Dennis Kraft, Community Development Director; Tom .Morgan, Public Safety Director; • Sally Morton, Data Processing Manager; and, Dave McCauley, DSM Information Services, Inc, P OV ~ U ' M/Ludeman, S/Sandahl to ap rove the minutes of the March 18; 1985,'Joint HRA/Co~ until meet ng, and. the Apri 8,..1985, Regular mee ing e Mvt.ion carried 5-0'. . Item l~ T OUN ~.L AP P RO A 0 . AG NDA Council member Ludem~an requested that an update on. the- ILN Development be added to the agenda as Item 19A.. City-Manager~ Cartwright asked that an item relating to the National Organization to Insure a Sound Environment•be added to the agenda as' item 19B. M/Bunce, S/Sandahl. that the agenda be approved. as ame::ded. Motion carried 5-4. Item ~ 2 al A 0 R I G 0 AP R l A l O ~ 0 U G I N MEMBERS OF THE CITY'S ADVISORY BOARDS AND COMMISSIONS. C.L. 136 . Mayor Hamilton presented Cart ificates of Appreciation to outgoing members of the City~s advisory boards and commissions as listed in Council Letter No. 136. Council Meeting Minutes -2- April 22., 1985 -~ Item ~3 P EN A ION 0TH 0 GOMM R E 0 A PROCLAMATION DESIGNATING MAY 5-11, 1985, AS SMALL BUSINESS WEEK IN RICHFIELD.. C.L. 138. Mayor Hamilton presented a proclamation designating May 5- 11, 1985, as Small Business Week in Richfield to Wayne- Leboeuf, Richfield Chamber of Commerce President. Item X04 r AP 0 FOREIGN EXCHANGE STUDENT. C.L. 137. The Certificate of Appreciation to the American Foreign Exchange student was not presented since no one was in attendance to accept the award. Item ~5 UN IL CONSIDERATI N 0 A STATUS R PORT BY A REPRESENTATIVE-OF WEBB ENTERPRISES, INC. ON PLANS TO DEVELOP THE ROBERT HALL 'SITE AT 12TH AVENUE AND THE 78TH STREET FRONTAGE ROAD. C.L. 139• John Cerney, architect for the Robert Hall project,. addressed the Council regarding the status of the glans of Webb ; Enterprises, Inc., to develop the Robert Hall site at 12th ' Avenue and the 78th Street Frontage Aoad. Council members requested that a Webb Enterprises, Inc., representative•be present at~the next City Council meeting to report their progress in this development. -Item ~~6 0 I Y OR S AD RES _ Y 0 CI Paul Knutson, Minneapolis, addressed the City Council to request refund of special use permit fees. City Manager Cartwright responded that permit fees are used to pay for processing the application. He further stated that he would investigate the costs incurred by the City in this matter. After specific figures are known, this item will be returned to the. Council for consideration at a future City Council meeting. Item 1~7 CONSEN CALENDAR . A. COUNCIL CONSIDERATION OF APPROVAL OF PURCHASES IN _ EXCESS OF $5,000 - C.L. 140. J B. COUNCIL CONSIDERATION OF REJECTING BIDS FOR SALE OF PULVI MIXER EQUIPMENT - C.L. 141. Co~nlcil Meeting Minutes -3- April 22, 1985 C. COUNCIL CONSIDERATION TO APPROVE.OFF-STREET PARKING•LAYOUT FOR BLOONII'1VGTON HONDA, 400 WEST 78TH .STREET -~ C .D. 142. D. COUNCIL APPROVAL OF M]N(PI~S, TABULATION OF BIDS AND AWARD OF CONI~ACT -' FOR SEALCOATING PR(~7ECT - C.L. I43. A.,t.. ,.,,.A. ~ .,.. . RESgLIlTION N0, 7022.1 . .: RE50LUTI,ON ACS BIl~ ~~'OR. '_ • • ; '~ 'r r. ;, - ~ '1985- SEAL COATING PROJECT Y' - ~ ~ ~ • ~ E . COUNC]Z A1.'PROV~' OF MINU'TES,, TABULATION OF BIDS AMID AWARD OF' CONTRACT.~OR STTtEET,JOINT SEALING PROJECT- C.L, 144. ~RESOLUTTOId ~1`~: 7022.2 RESOLUTION ACCEPTIl~ BID AND ,AWARDING CONTRACT FOR JOINT CLEANIlVG AND RESEALING " F . COUNCIL CONFIRMATION OF : APPOIN'.IMENTS OF TfiID RESIDENTS TO THE 1985 BOARD OF EQUILIZATION - C.L.. 145. _ G.. COUNCIL CONSIDERATION OF A RESOLUTION AFPROVIl~TG PLANS AND SPECIFICATIONS AND ORDERILVG ADVERTTSIl~NT OF BIDS FOR LONGFET~rI AVELWE STREET Il~ROVENIENTS - C.L. 146. RESOLUTION N0. 7022.3 .RESOLUTION APPROVIlVG PLANS AMID SPECIFICATIONS AND ORDERING ADVERTISFI~~N'r FOR SIDS CITY PROJFGT N0. 803 , IAN(~IAW AVENUE STREET Ir']PROVENIENTS H. COUNCIL CONSIDERATION ID ISSUE A FEE WAIVEII GAMBLING LICENSE TO THE~RICHH'IELD OPTIlKIST CLUB FOR AONE-DAY RAFFLE SCHEDULED FOR. NIAY 31, ~ 1985, ~- C.L. 147 . I. COUNCIL CONFIRMATION OF SPECIAL COUNCIL STUDY SESSION TO REVI'E'W PROPOSID STaRM SEEJER Il~Il'ROVEN~N'T PROJECTS ON APRIL 19 , 19$5 , AT 5:30 P.M. - C.L. 148. J. COUNCIL- CONSIDERATION OF A REQCJEST TO ERECT AN TT T,LiT'~1Vi.4TED SIGN AT WENDY'S, 65TH AND LYNDAI~E AVENUE - C.L. 149. K. F~A'~' NO. 18, 500 WATER .MFRS DELIVERED 703-1569 WATER PRODUCrs Co. $21,000. Council member Priebe said a correct~.on to Council letter No. 143 (Item 7D) was necessary. Total miles of streets to be seal coated should read 11.390 miles, not 11,390 miles. M/ Ludeman, S/Priebe to approve the consent agenda. as corrected, Motion ca +~5-,Q Council Nieetixig Mi rn ites ~ -4- ,April 22 1985 r Item !~8 H ' l~ G APP OVE E 19 5 AL ~Y AV ~ G Pty J AND ORDER THE PREPARATION OF' PLANS AND SPLCIrICA.TIONS. G.L. 150. ,' City Manager Cartwright reviewed the 1985 Alley Paving Project and recommended approval so that the preparation of . plans and specifications could' proceed . Bill Omarr, representing Oak Grove Lutheran Chur.h, stated that. the cr~irch would: like: to have. their assessment calculated. on a residential basis rathar than. commercial rate,.~due to the unique situatioa~with their parking lot.. The City does-not permit passage of vehicles from the-parking lot into-:thee alley. Marion Robbinson., 7'032 Garfield Avenue South, sLated~ that she circulated the: petition for alley paving irz~her area and was in Favor of the project. She further stated that: she stopped seeking petition signatures when she reached the. necessary percentage, but. could have secured more signatures if needed. M/Bunce, S/Priebe to close the Public Hearing. Motion carried 5-0. City Manager Cartwright said he would review the alley assessment policy with staff on this unique situation concerning O.akGrove Lutheran Church. M/Bunce, S/Sandahl to reopen the Publie Hearing. Motion carried 5-0. Howard Olsen, 68th and Penn Avenue South (Corner), spoke in opposition to the improvement of .the alley between Queen and Penn Avenue from 68th Street to 69th Street, saying that this corner lot used for business does not use the alley .• Pat Johnson, 6$10-Penn Avenue South, spoke in opposition to the improvement of the,. alley between Queen and Penn Avenue from 68th Street to 69th Street because her property is served by a driveway off Penn Avenue. Hans Halverson; 6813 Queen Avenue South, spoke in support of the improvement of the alley between Queen and Penn Avenue from 68th Street to 69th Street. He said the alley is in tzrible condition. M/Bunce, S/Ludeman to close the hearing. 1 Motion carried 5-0. Counci]. Meeting M~`anutes, . - - ~5~ ~ April 22, 1985 There was discussion regarding the situation presented by residents of the 6$00 block_of' Penn and Queen Avenues. The City Manager was directed to. also review this situation as it pertains to the current alley assessment policy. M/Ludeman,'S/Priebe to ap rove the 1985 Alley Pavin Project and order the preparation of plans and speci ications. Motion carried 5-0. Item.1~9 A P H T OU L ftELA ING O A E AL 0 ' TAXICAB DRIVER'S LICENSE. C.L. 151. Assistant City Attorney John Dean reviewed Council Letter No. 151, relating to a denial of a Taxicab Drivers license, and described the h•earin$ process which would take place. Public Safety Director Tom Morgan informed Mr. Bingham of his right to legal representation at the hearing. ;~"~~. - Mr .. Dexter Bingham responded that he~~ was aware of his right ~~ to have legal representation and that he waived.-that right.. I Mr.. Dean. questioned Mr ,. Morgan. regarding tre~ process involved in the•deaial of the taxicab license.. Mr. Dean introduced a series of documents into the hearing.. Mr.. Bingham was given the opportunity to ask questions of Mr.. Morgan anck to~ present his case to the. City Council.. _. William 0. Erickson, Psychiatris.t,. was called as a witness by the Gity_- J.. J. Sims, 8935 Old Cedar A.venue•, the applicants employer, spoke in support of Mr. Bin ham's application. M/Bunce, S/Priebe to close the Public Hearing. Motion carried 5-0. • M/Bunce, S/tudeman that the that it be spread in the r± s lu part oz t ese minutes: following resolution be adopted; ion book and that it be made a RESOLUTION N0. 7023 1 RESOLUTION DENYING TAXICAB. DRIVERS LICENSE Motion- carried 5-4. This resolution appears as Resolution No .' 23 in eso ut Lon Book. No . 52 . Coinlci~7. Meeting N~.inute~ --6- - - . ,Apx1.1 22 t 1885 Item # 10 OUP C I E AT N AN OR NAN c.. A, N , T RELATING TO STATE ELECTRICAL LICENSES-FOR INSTALLERS CfF -POWER LIMITED ALARM CIRCUITS (TO BE CONTLNUED TO JUNE ' 10, t9$5,'COUNCIL MEETING.) C.L. 15Z. .' City Manager Cartwright staid that it was necessary for t-he Cit-y Council to continue the public 'nearing to June 10, 19.85. At the April 8,. 1985 City Council meeting, the Council gave first reading approval to the ordinance-, but then set the public hearing date for June 10, when it was learned that the subject was under review-'oy t.he~state legislature. The April 22, 1985, public hearing date was sent to the paper prior to the. April 8 Council. meeting. m MlLudeman, S/Priebe to continue the public hearing to the June 10,.1985, City Counci_ meeting. Motion carried 4-0, (Sandahl was temporarily absent). Item #~1 1 0 D A 0 0 N ORD.I M D 0 H ON-SALE NON-INTOXICATING~MALT LIQUOR LICENSE . REGULATIONS WHICH WOULD REQUIRE THAT LICENSE APPLICANTS BE PRESENT AT THE COUNCIL MEETING AT WHICH THEIR LICENSE APPLICATION IS CONSIDERED. C.L. 153• -City Manager Cartwright said this public hearing concerned the Second Reading consideration of an ordinance amendment to the on-sale non-intoxicating malt liquor license regulations which requires applicants to be present at-the Council meeting. at which their license application is considered. MlLudeman, S/Bunce to close the public hearing. Motion carried 5-0. MlLudeman, S/Sandahl that this constitute a Second Readin of Bill 1985-9, that it be published ir. the o ficial newspaper and that it de made a part of these minutes. Motion carried 5-0. Item ~~12 U CO IDE A ON 0 A RAN TORY 0 D NAN E APPROPRIATI"NG FUNDS FROM THE SPECIAL REVENUE FUND FOR CERTAIN CAPITAL IMPROVEMENTS. C.L. 15~. City Manager Cartwright reviewed Council Letter No. 15~ regarding Second Reading consideration of a transitory ordinance appropriating funds from the Special Revenue Furd for certain capital improvements for Fiscal-year 1985. M/Bunce, S/Sandahl to close the public hearing. Motion carried 5-0. Council Meeting Minutes -7- ~p~il 22, 1985 M/Ludeman, S/Sandahl that this constitute a Second Readin of Bill 1985-7, that it be nu is .e in the o icza newspaper and that it be made a part of these minutes. - - - ~.. Motion carried 5-0. Item ~ 13 L A 0 0, A O D i Ai C - D E PROVIDING FOR PET VACCINATIONS IN ORDER TO OBTAIN A PET LICENSE. C.L. 155• City Manager Cartwright reviewed Council. Letter No. 155, which recommended an ordinance amendment to require pet vaccinations in order to obtain a pet license. City Manager Cartwright recommended that the proposed ordinance strike the requirement that veterinarians be licensed in Minnesota and require that the person administering the vaccination be a licensed veterinarian. M/Bunce, S/San~ahl to close the aublic 'nearing . Motion carried 5-0. ' M/SandaYa., SlLudeman that. this constitute a Second Reading. ~ of Hill 1985-g, as amended by the City Mana er, that it be • published in t e of icial newspaper-and that it be made a part o these minutes. Motion carried 5-O. Item ~1~ U ~. ONS DE.A I N AN LN N ELATING A L~ TV SERVICE, PROVIDING FOR MODIFICATION OF THE REQUIREMENTS OF T'dE. CITY' S CABLE COMMUNICATION ORDINANCE. .~ COUP CIL CONSIDERATION OF AN ORDINANCE AMENDMENT 'TO ORDINANCE. 19$0-33 TO CHANGE THE NAME OF THE' GRANTEE; TO EXTEND THE FRANCHISE TERM; TO CHANGE THE INSURANCE REQUIREMENTS; AND TO CHANGE THE COMPUTATION OF THE PURCHASE. PRICE TO BE PAID BY CITY UPON EXPIRATION OF THE FRANCHISE. C.L. 7 56 . City Maaage:r Cartwright reviewed Council Letter No. 156. on the proposed ordi-Hance amendments to the Cable Television Franchise Ordinance. Ralph Campbell:,•Southwest Suburban Cable Commis~s.ion Administr~ator,~ summarized the proposed amended franchise ordinance and a relief-ordinance as attached to Council Letter No. 156, which delineates financial concessions_to be made to Rogers Cablesystems by the.five southwest suburban cities. Cotmcal._ l~ieeting M,~ ites -8- ~ .4p~.1 22 } 1985 There- was discussion regarding the proposals presented regarding the_ 8ogers Cable~Franchise, including concern that th cities Franchise fees were to be reduced while the payments to Rogers Corporate offices for a management fee remain unchanged Juanita Collias,. 673.7 Cliaton Avenue South, spoke in suppor of-the amended franchise ordinance and relief ordinance. M/Banta, S/Ludeman that the First Reading vote~of the proposed ordinance be done by Roll a vote. Motion carried 5-0. - - ?'2lSaada~]., SiBuaca that this ~cdrisfi:ttite 'First ~Readit,~ of aance. a~td that S ~ ~. ..or .. .ar ~ . e 's Motion ~aLZied 5-0. M/Sandahl, SlBunce that this constitute First Raadirg of this ordinance amendment, and that Second Reading of the ordinance be_schedu ed or June io_ iaR~_ Motion aarried.3-2. ?' t em ~ 15 (Ludeman andPriebe o©aosed) . City Manager Cartwright reviewed Council Letter No. 15T on a e proposed ordinance amendment establishing certain procedures for the removal of diseased trees. M/Ludeman, S/Banta that this constitute First Reading of this ordinance amendment, and t at Second eading o the ordinance be scheduled or May 13 , 19 5 . Motion Tarr. ied 5-0 . Item X16 0 A D A A D A G TO COUNCIL SALARIES. FIRST READING. C.L. i58.~~ City Manager Cartwright reviewed Council Letter No. 158 on the ordinance amendment relating to Council salaries. M/Sandahl, S/Banta that this constitute First Reading of this ordinance, and that Secon easing or t e ordinance oe scheduled or May 13 , 19 5 . Motion carried ~-1. (Ludeman opposed).. REMOVAL, PROVISIONS OF DISEAScD TREES. FIRST READI~FG. C.L. 157. cou~ia. ~~ rtes -9- A~x~.l 22t 1985 Item ~1T 0 L 0 DERA N A P VTD_ LICENSING OF PARKS TO NON-PROFIT ORGANIZATIONS FOR CERTAIN RECREATIONAL AND CIVIC ACTIVITIES.' FIRST READING. C.L. 159• City Attorney LeFevere reviewed the highlights of an ordinance providing licensing of parks to non-profit organizations for certain recreational and civic activities. Members of the City Council discussed the intent aad application of the proposed ordinance.. M/Bunce, S/Ludeman that this constitute First Reading of this ordinance, and that Second Readin of the ordinance be scheduled or May 1~3 , 1985 . Motion carried 5-0. Item X18 COUNCIL CONSIDERATION Or A RESOLUTION ESTABLISHING~THE 1985 SALARY FOR THE~CITY.MANAGER. C.L. 1b0. Mayor Hamilton presented a resolution establishing the 198 ,'salary for the City.Manager. Council Member Priebe ~~~ggested that in the future, the City Managers.performance and salary be reviewed on his anniversary date or on January 1st of each. year. M/Saadahl, 5/Priebe that the following resolution be adopted; that it be spread in the resolution book and that it be made a part of these aainutes: RESOLUTION N0. 7024. RESOLUTION ESTABLISHING THE 1985 SALARY FOR THE CITY MANAGER Motion carried 5-0. This reolution appears as Resolution No. 702 ins eso ution Book No .. 52' Item X19 INAL fiP0 T ON P AS ANALY IS A,'~ PLANNING AND COUNCIL~CONSIDERATION OF STAFF RECOMMENDATION TO PURCHASE EXISTING COMPUTER SYSTEM. C.L.- 161.. David McCauley, DSM Information Systems, reviewed Council Letter No. tb1, concerning the computer study results and recommendatioas...~ Mr .. McCauley reported on cost. comparisons between purchasing the exist.i.ng IV/95 system and continuing to lease the system. He reported. that. it was. cost effective to purchase the IV/95 system. as soon as' possible. Counc~i ]. N~eet~ng. M..~ rtes . -10- _ ,Apxi~..22 t 1g85 ' Mr. McCauley also recommended that the IV/q5 computer system be so1.d as soon after purchase as possible and be replaced with a more advanced system capable of meeting the City~s current and future needs. There. was discussion regarding the. potential advantages and costs associated with the replacement of the IV/95 system after purchase.. M/Sandahl,- S/Priebe that the City Council authorize the City Manager to take~the~following act one: 1. Enter into negotiations with the IV Phase Division of Motoro a for the purchase of the IV/95 system and draft "~~ a purchase agreement for future counci approva ; 2. Utilize the General Fund balance to buy-out the General. Fun.d_ share of the IV/95 lease Genera rand share of _5 ,, or X11 ,000 an . 3. Initiate the preparation of bid specifications for the pure ase os a new computer system. to replace the IV/95 . system. _"_ • Motion carried 5-0. •Item 1qA I N AtVt PM NT UP A c • Council. Member Ludemar. stated that a developer, with an •~interest in a Hampton inn franchise, is interested in the 77th and Lyndale Avenue area. He felt that the consultant should consider this project in~the overall development of the ILN. Item 19H NATIONAL ORGANIZATION 0 INSURE A SOUND ENVIRONMENT The City Manager reported that the N.O.I.S.E.• organization is asking that very few exemptions be made to "Hush Kits" for commercial passenger planes. The City Council directed the City Manager to send letters supporting the N.O.I.S. position to our congressional delegation. Ite~a x#20 COUNCIL CHO G No action. ~r • ~" Cvuncia. Meeting Minutes -11- A~ri.l 22, 185 Item X21 OU L D IA Or A P RMI APPL A 0 Steven Archer, a~~representative for Super America Stations, addressed. the. City Council regarding a City Council denial of a temporary, promotional sign permit application at..the April 8, 1985, City Council meeting to park a semi-trailer at each Super America Station in Richfield for a period of eight days. He asked the City Council to reconsider the request. M/Sandahl, S/Priebe to .approve the Super America eermit request• ~ . Motion carried 4-1. (Ludeman opposed). Item #22 AIMS -AND AYE LS ~M/Priebe, S/Ludeman that the following claims and payrolls . be approved: RICHFIELD $ANK ~ ?RUST Checks 56570 to 57060 'T6201 to 76318 FIRST WESTERN ~3ANK . Checks 21870 to 22120 General Checks 43715 to 43724 Payroll 44090 to 44068 MINNESOTA FEDERAL Check 10.130. General Motion carried 5-0 .. ADJOURNMENT X609,288.26 X479 ,826.87 $250 , 660' . 06 ~ 25,000.00 M/Ludeman, S/Sandahl that the meetin be adjourned. Time 11 :15 p.m. Motion carried 5-0. ~ " I Daft Approved :/~GfiL1_ /_.~~ ~~~~ ~` ,.1~~' 0 ~LeNen L: ~evZCh Acting City Clerk " t ayor o~n G. car~t~rrigh~t~ Fitt Manager