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02-23-1987f CITY OF RICHFIELD, MINNESOTA REGULAR CITY COUNCIL MEETING February 23, 1987 MEMBERS PRESENT: John Hamilton, Mayor; Ivan Ludeman; Michael Sandahl; Martin Kirsch; and Edwina Garcia. STAFF PRESENT: James Prosser, City Manager; Steven Devich, Administrative Services Director; Thomas P. Ferber, City Clerk; Donald Fondrick; Community Services Director; Bruce Palmborg, Acting Community Development Director; Bill Fillmore, Liquor Operations Director; Ronald Richardson, Police Captain; Pat Coughlin, Assistant Fire Chief; Clayton LeFevere, City Attorney. The meeting was called to order by Mayor Hamilton at 7:02 p.m. PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE The American Legion Post #435 Color Guard presented the colors and led the audience in the Pledge of Allegiance. APPROVAL OF MINUTES M/Kirsch, S/Sandahl to approve the minutes of the stud session meetin on February 2, 1987; and the regular city council meeting on February 9, 1987. Motion carried 5-0. Item #1 OATH OF OFFICE FOR NEW .POLICE OFFICERS, MICHAEL HONAN, MICHAEL KOOB, AND KENNETH MIKLE. C.L. 53. Captain Ron Richardson introduced new police officers Michael Honan, Michael Koob, and Kenneth Mikle to the city council. . City Clerk Thomas Ferber administered the Oath of Office to the three new police officers. Council Meeting Minutes 2 February 23, 1987 Item #2 DONATION FROM AMERICAN LEGION POST $435 OF FUNDS TO PURCHASE THREE BODY ARMOR VESTS FOR THE POLICE DIVISION; TWO RESUSCITATORS TO THE FIRE DIVISION, AND A SCOREBOARD FOR DONALDSON PARR TO THE COMMUNITY SERVICES DEPARTMENT. C.L. 54. Commander Vogelsang, American Legion Post #435 presented to Mayor Hamilton a donation of funds for the purchase of the three body armor vests for the three newly appointed police officers. He then presented a donation of $1,160.00 for the purchase of two resuscitators for the Fire Division to Assistant Fire Chief Pat Coughlin. Bob Lindgren, representing American Legion Post #435, stated that the Legion is donating a scoreboard for Donaldson Park from the proceeds of the American Legion Baseball Tournament. He thanked the city for it's support in making the tournament a success. Mayor Hamilton thanked the American Legion for their generous donations and stated that the citizens of Richfield appreciate the contributions of organizations like the Legion to the community. Item #3 OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON ANY ITEM NOT LISTED ON THE AGENDA. Mayor Hamilton read a proclamation designating the week of March 8-14, 1987 as Volunteers of America Week. City Manager Prosser announced that Public Safety Director Tom Alorgan will be unable to return to work because of health reasons and therefore would be ending his employment with the city. Mary Wenborg, representing Kit and Sumonda Aron, owners of 7301 Penn Avenue, asked if the Second Reading of an ordinance allowing an auto detailing use in a C-1 Zoning District was on the agenda. Acting Community Development Director Palmborg stated that Second Reading was scheduled for March 9, 1987. Mary Wenborg stated she was concerned about obtaining a building permit as soon as possible and she is aware of the 30 day publication period for an ordinance. Council Meeting Minutes 3 February 23, 1987 City Attorney LeFevere stated that because of publication requirements for the hearing notice, second reading was scheduled for March 9th rather than this evening. He also stated that in special circumstances the city manager may allow a building permit to be issued prior to the end of the 30 day publication period of an ordinance. City Manager Prosser stated he would review this issue with city staff. Item #4 COUNCIL APPROVAL OF AGENDA M/Ludeman, S/Garcia to approve the agenda. Motion carried 5-0. Item #5 CONSBNT CALENDAR City Manager Prosser recommended that the license approvals far Chuck E. Cheese, 2900 W. 66th Street, for 2 billiard tables, 9 mechanical amusement devices, and 67 video games be deleted from Item 5.0 of the consent calendar. He stated approval cannot be given at this time due to outstanding tax issues the company has with the state. A. APPROVED A RESOLUTION AUTHORIZING EXECUTION OF LEASE AGREEMENT WITH WALSER CORPORATION FOR USE OF A PORTION OF CITY RIGHT-OF-WAY. C.L. 55 RESOLUTION NO. 728 RESOLUTION AUTHORIZING LEASE OF CITY PROPERTY TO WALSER CORPORATION B. APPROVED AUTHORIZATION TO REMOVE AND REPLACE WELL PUMP NO. 6. C.L. 56 C. APPROVED BID FOR PURCHASE OF SELF-POWERED SNOWBLOWER ATTACHMENT FOR FRONT END LOADER. C.L. 57 D. APPROVED PURCHASE OF TWO FRONT MOUNT TURF MOWERS FOR CITY MAINTENANCE OPERATIONS. C.L. 58 E. APPROVED PURCHASE EXCESS $5,000-CHECKOUT/SERVICE COUNTER FOR CEDAR AVENUE LIQUOR STORE. C.L. 59 F. APPROVED PURCHASE EXCESS $5,000-EXTERIOR SIGNAGE FOR CEDAR AVENUE LIQUOR STORE. C.L. 60 Council Meeting Minutes 4 February 23, 198? G. APPROVED AUTHORIZATION TO PURCHASE BACKWASH RECLAIM _ PUMP FOR WATER PLANT. C.L. 61 H. APPROVED REQUESTS FOR ILLUMINATED SIGNS AT ANIMAL CARE CLINIC, 6521 CEDAR AVENUE; WALSER MAZDA, 7745 PENN AVENUE, JETSTATION, 7700 LYNDALE, AND CEDAR LIQUOR STORE, 6600 CEDAR AVENUE. C.L. 62 I. APPROVED PURCHASE IN EXCESS OF $5,000 TO PURCHASE FUEL FOR CITY EQUIPMENT. C.L. 63 J. APPROVED AUTHORIZATION FOR CITY MANAGER TO EXECUTE TERMINATION AGREEMENT. C.L. 64 K. APPROVED PAYMENT & ESTIMATE NO. 4 - GLANTON CONSTRUCTION - CEDAR LIQUOR STORE CONSTRUCTION - ~97,110 L. APPROVED OFF-SALE NON-INTOXICATING MALT BEER LICENSE RENEWALS: SINCLAIR STATIONS, 6600 PORTLAND AVENUE; 7733 PORTLAND WALGREENS, 12 WEST 66TH ST. M. APPROVED MOTOR VEHICLE DEALERS LICENSE-RENEWALS- MORROW AUTO BODY, 6445 CEDAR AVENUE; WALLY MCCARTHY OLDS 1900 WEST 78TH ST; WALSER BUICK, 2100 WEST 78TH ST N. APPROVED CAR WASH LICENSES RENEWALS - TIP TOP CAR WASH, 6601 BLOOMINGTON; ROYAL CAR WASH,901 WEST 77 1/2 STREET O. APPROVED AMUSEMENT DEVICE LICENSES - RENEWALS - AIRPORT BOWL, 7711 14TH AVENUE-12 BOWLING LANES; ARNOLDS, 6519 NICOLLET-MUSIC BOX; SANDY'S TAVERN, 6612 PENN, MUSIC BOX, ONE VIDEO GAME, AND 3 MECH: AMUSE; SHAKEY'S PIZZA, 500 E. 78TH STREET, MUSIC BOX; THOM THUMB, 7619 LYNDALE, 2 VIDEO GAMES; AMERICAN LEGION, 6501 PORTLAND, TWO MECHANICAL AMUSE.; EMBERS, 6500 PENN - ONE VIDEO GAME; FRENCHMAN'S, 1400 EAST 66TH STREET 3 BILLIARD TABLES, 3 MECHANICAL AMUSE.; 1 VIDEO GAME; FRED BABCOCK POST 5555 - 1 VIDEO GAME; GROUND ROUND, 1504 E. 78TH STREET-15 VIDEO GAMES. M/Ludeman, S/Garcia to approve the consent calendar as amended. Motion carried 5-0. Council Meeting Minutes 5 February 23, 1987 Item #6 PUBLIC HEARING ON ORDINANCE AMENDMENT GIVING THE CITY AUTHORITY TO REQUIRE SOIL EROSION CONTROL MEASURES AND DRAINAGE PLANS. C.L. 65. City Manager Prosser reviewed Council Letter No. 65 regarding an ordinance amendment which would give the city the authority to require drainage plans and erosion control measures in the development, improvement or alteration of land. M/Sandahl, S/Garcia to close the public hearing. Motion carried 5-0. M/Kirsch, S/Sandahl that this constitute Second Reading of Bill No. 1987-1. that it be published in the official newspaper and that it be made part of these minutes. Motion carried 5-0. Item ~7 PUBLIC HEARING ON TRANSITORY ORDINANCE PROVIDING FUNDING FOR CERTAIN CAPITAL IMPROVEMENTS FROM THE SPECIAL REVENUE FUND. C.L, 66 City Manager Prosser reviewed Council Letter No. 66 regarding a transitory ordinance providing funding for the following capital improvements from the Special Revenue Fund: Legion Lake Park $ 40,000 Ice Arena Improvements $ 12,000 Park Land Acquisition $195,000 Nature Center Improvements $ 29,000 Forestry $ 25,000 Public Safety Communications $ 30,000 Swimming Pool Improvements $ 10,000 $341,000 M/Ludeman, S/Kirsch to close the public hearing. Motion carried 5-0. M/Ludeman, S/Kirsch that this constitute Second Reading of Bill No. 1986-2. Transitory Ordinance No. 17.27 that it be published in the official newspaper and that it be made part of these minutes. Motion carried 5-0. Council Meeting Minutes 6 February 23, 1987 Item ~8 CONSIDERATION OF AN ORDINANCE AMENDMENT TO VACATE A PORTION OF THE RIGHT-OF-WAY AT THE NORTHWEST CORNER OF 67TH STREET AND SHERIDAN AVENUE. FIRST READING. C.L.70 City Manager Prosser reviewed Council Letter No. 70 regarding a resolution to accept a petition to vacate a portion of right-of-way at the northwest corner of 67th Street and Sheridan Avenue and a proposed ordinance to vacate this right of way. M/Sandahl, S/Kirsch 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. 7283 RESOLUTION RECEIVING STREET RIGHT-OF-WAY VACATION PETITION AND CALLING OF PUBLIC HEARING L Motion carried 5-0. This resolution appears as Resolution No. 7283 in Resolution Book No. 55. M/Sandahl, S/Kirsch that this constitute the First Reading of this ordinance and that the Public Hearing and Second Reading of the ordinance be scheduled for the March 23, 1987 city council meeting. Motion carried 5-0. Item #9 CONSIDERATION OF A RESOLUTION RELATING TO 'PHE CONTRIBUTION TO HEALTH INSURANCE FOR MANAGEMENT AND GENERAL SERVICES EMPLOYEES. C.L. 67 City Manager Prosser reviewed Council Letter No. 67 recommending that the city increase its maximum Health Insurance contribution for General Services and Management Employees by $10.00 per month per employee, to a maximum of $150.00/month. M/Sandahl, S/Ludeman that the followin resolution be adopted; that it be spread in the resolution book and that it be made part of these minutes: RESOLUTION NO. 7284 RESOLUTION DESIGNATING CITY'S CONTRIBUTION TOWARD HEALTH INSURANCE PREMIUM FOR GENERAL SERVICES AND MANAGEMENT EMPLOYEES Council Pieeting Minutes 7 February 23, 1987 Motion carried 5-0. This resolution appears as Resolution No. 7284 in Resolution Book No. 55. Item X10 CONSIDERATION OF A RESOLUTION PROPOSING AN AMENDMENT TO THE CITY CHARTER REGARDING FILING DATES FOR MUNICIPAL ELECTIVE OFFICE SO THAT FILING DATES CONFORM TO STATE LAW. C.L. 68 City Manager Prosser reviewed Council Letter No. 68 regarding the referral of a proposed Charter amendment which would change the filing dates for municipal elective office to conform to state law to the Charter Commission for review and recommendation. 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. 7285 A RESOLUTION PROPOSING AN AMENDMENT TO THE CITY CHARTER Motion carried 5-0. This resolution appears as Resolution No. 7285 in Resolution Book No. 55. Item #11 CONSIDERATION OF A RESOLUTION APPROVING THE 1987/88 LABOR CONTRACT WITH THE RICHFIELD POLICE SUPERVISORY ASSOCIATION. C.L. 71 City Manager Prosser recommended that consideration of the 1987/88 Labor Contract with the Richfield Police Supervisory Association as outlined in Council Letter No. 71 be tabled at this time because a unit clarification petition has been filed with the Bureau of Mediation Services. M/Ludeman, S/Sandahl to table consideration of the 1987/88 Labor Contract with the Richfield Police Supervisory Association. Motion carried 5-0. Council Meeting Minutes 8 February 23, 1987 Item #12 CONSIDERATION OF AWARD OF CONTRACT TO CONSTRUCT A SLUDGE DEWATERING BUILDING AT THE WATER TREATMENT PLANT. C.L. 69 City Manager Prosser reviewed Council Letter No. 69 recommending that the city council approve the bid minutes and tabulation and award a contract for construction of a sludge dewatering building at the water treatment plant to Trucker Construction, Inc. of Minneapolis in the amount of $315,400. M/Sandahl, S/Garcia to approve the bid minutes and tabulation; to award a contract for construction of a sludge dewatering building at the water treatment plant, as specified without accepting any deduct alternatives, to Trucker Construction, Inc. of Minneapolis in the amount of $315,400; and to direct staff to retain all bid securities until such time as a properly executed contract has been duly processed. Motion carried 5-0. Item X13 COUNCIL DISCUSSION ITEMS None Item X14 CLAIMS AND PAYROLLS M/Ludeman, S/Sandahl that the following claims and payrolls be approved' RICHFIELD STATE BANK Checks 8253/8311, 87963/88255 $674,826.71 FIRST MINNESOTA Check 1057 $ 10,000.00 FIRST WESTERN BANK Cheeks 3504/3529 $665,055.26 Checks 1726/2131 Payroll $281,549.85 Motion carried 5-0. '~ LJ Council Meeting Minutes 9 February 23, 1987 Item X15 CLOSED E%ECUTIYE SESSION TO DISCUSS PROPOSED SETTLEMENT OF TWO PESOS LAWSUIT. Mayor Hamilton announced that the City Council would now recess the regular city council meeting and meet in closed executive session to discuss a proposed settlement of the Two Pesos lawsuit with counsel. The meeting was recessed at 7:32 p.m. The closed Executive Session was called to order by Mayor Hamilton at 7:33 p.m. MEMBERS PRESENT: John Hamilton, Mayor; Michael Sandahl; Martin Kirsch; Edwina Garcia; and Ivan Ludeman. STAFF PRESENT: James Prosser, City Manager; Clayton LeFevere, City Attorney; and Thomas P. Ferber, City Clerk. OTHERS PRESENT: Pete Regnier, Attorney; Jardine, Logan and O'Brien. Pete Regnier, Attorney for the City's insurer, discussed a proposed settlement of the Two Pesos lawsuit with the city council. No action was taken. The closed Executive Session was adjourned by Mayor Hamilton at 7:57 p.m. Mayor Hamilton called the recessed regular city council meeting back to order at 7:59 p.m. ADJOURNMENT M/Kirsch, S/Garcia that the meeting ad.iourn. Motion carried 5-0. The meeting was adjourned at 8:00 p.m. Council Meeting Minutes Date Approved' March 9, 1987 -~~~ ~~ Thomas P. Ferber City Clerk ohn Hamilton / `~~ // James Prosser City Manager February 23, 1987 Mayor IL J CITY OF RICHFIELD, MINNESOTA CLOSED EXECUTIVE SESSION CITY COUNCIL MEETING FEBRUARY 23, 1987 MEMBERS PRESENT: John Hamilton, Mayor; Ivan Ludeman; Michael Sandahl; Martin Kirsch; and Edwina Garcia. STAFF PRESENT: James Prosser, City Manager; Clayton LeFevere, City Attorney; and Thomas P. Ferber, City Clerk. OTHER PRESENT: Pete Regnier, Attorney; Jardine, Logan, and O'Brien. The closed Executive Session was called to order by Mayor Hamilton at ?:32 p.m. City Attorney LeFevere explained the legal basis for a closed executive session. Pete Regnier, attorney for the City's insurer, outlined the .settlement that had been proposed by the attorney for Two Pesos Restaurant. He stated that the plaintiff would agree to dismiss the damages claim if a special use permit were granted for the restaurant. Mr. Regnier stated that the city council could reject the proposed settlement, accept it, or offer a modified settlement proposal. City Attorney LeFevere and Attorney Regnier responded to questions regarding the correlation of the serving of liquor to the granting of the special use permit for the restaurant. Pete Regnier stated that if the proposed settlement is rejected, he would seek a summary judgement to dismiss the case based on the depositions already given. It was the consensus of the city council that the proposed settlement be rejected. The ciased Executive Session was adjourned at 7:57 p.m.