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11-23-1987CITY OF RICHFIELD, MINNESOTA REGULAR CITY COUNCIL MEETING November 23, 1987 MEMBERS PRESENT: John Hamilton, Mayor; Edwina Garcia.; Ivan Ludeman; Michael Sandahl; and Martin Kirsch. STAFF PRESENT: James Prosser, City Manager; Steven Devich, Administrative Services Director; Thomas P. Ferber, City Clerk; Jean Mitchell, Finance Manager; Byron Wallace, Community Development Director; John Erskine, Public Safety Director; William Fillmore, Liquor Operations Director; Mike Eastling, City Engineer; William Rollick, Police Investigator/Agent, and John Dean, Assistant City Attorney. The meeting was called to order by Mayor Hamilton at 7:05 p.m. PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE Weblos Den Pack 262 members Brian Sandahl, Charlie Schaaf, Jack Kelly, and James Dezzer presented the colors and led the audience in the Pledge of Allegiance. APPROVAL OF MINUTES M/Kirsch, SlGarcia to approve the minutes of the regular city council meeting on November 9, 1987. Motion carried 5-0. Item #4 OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON ANY ITEM NOT LISTED ON THE AGENDA. Mario Greeman, 7508 Newton North, questioned why an amusement device license approved by the city council on November 9 had not been issued to her. Council Meeting Minutes 2 November 23, 1987 Public Safety Director Erskine stated that the city council had approved the license; however, upon further review of the proposed device by the Public Safety Department and City Attorney's office it was determined that the device may possibly be in violation of the gambling statutes. Therefore, it was determined that the license should not be issued until the matter had been fully reviewed. Mr. Erskine also stated that the Champps, where the device was proposed to be located, had also withdrew their permission to allow the device to be located at the restaurant. Mayor Hamilton stated that the council did not have all the information that has since become available subsequent to approving the license and relies on the ,judgement of the Public Safety Department and City Attorney in this matter. Council Member Ludeman asked what action is appropriate for the city council to take at this time. Assistant City Attorney Dean stated that the Public Safety Department and the city attorney's office will complete the investigation and advise the council of what action is recommended. Mari3o Greeman stated she will not withdraw the application and will wait for the final determination. Deborah Olsen, owner of the apartment building at 6901 Penn Avenue, asked what progress had been made in addressing flooding problems. Mayor Hamilton stated that an engineering study and a flood survey were currently being undertaken by the city. He suggested that Mrs. Olsen make an appointment with City Manager Prosser to further discuss this issue. Item #2 COUNCIL APPROVAL OF AGENDA M/Ludeman, S/Sandahl to approve the agenda. Motion carried 5-0_. Item #3 CONSENT CALENDAR A. APPROVED PURCHASE OF WATER TREATMENT CHEMICALS FOR 1988 IN EXCESS OF $5,.000 C.L. 339 ~~ Council Meeting Minutes 3 November 23, 1987 B. APPROVED PURCHASE OF UNLEADED GASOLINE IN EXCESS OF $5,000 C.L. 340 C. APPROVED PURCHASE IN EXCESS OF $5,000 TO RESTORE FLOOD DAMAGED PRAIRIE GRASS AT WOOD LAKE NATURE CENTER C.L. 341 D. APPROVED PURCHASE IN EXCESS OF $5,000 FOR PURCHASE OF FERTILIZER FOR RICH ACRES GOLF COURSE C.L. 342 E. APPROVED PURCHASE IN EXCESS OF $5,000 FOR PRINTING OF RECREATIONAL BROCHURES IN 1988 C.L. 343 F. APPROVED PURCHASE IN EXCESS OF $5,000 FOR 1988 TRASH PICKUP SERVICES AT CITY FACILITIES C.L. 344 G. APPROVED REQUEST FOR AUTHORIZATION TO SEEK BIDS FOR COMPUTER HARDWARE MAINTENANCE AGREEMENT C.L. 345 H. APPROVED A RESOLUTION DESIGNATING CITY'S CONTRIBUTION TOWARD HEALTH, TERM LIFE AND DENTAL INSURANCE PREMIUMS FOR GENERAL SERVICES AND MANAGEMENT EMPLOYEES C.L. 346 RESOLUTION N0. 7375 RESOLUTION DESIGNATING CITY'S CONTRIBUTION TOWARD HEALTH, TERM LIFE AND DENTAL INSURANCE PREMIUM FOR GENERAL SERVICES AND MANAGEMENT EMPLOYEES I. APPROVED ESTIMATE N0. 1, HOUSE REMOVAL, STREET RECONSTRUCTION AND STORM SEWER, C.P. 8371 BITUMINOUS ROADWAYS, $69,014.64 J. APPROVED REQUEST FOR FEE WAIVER OF PERMIT FEE FOR ONE WEEK BANNER FOR MOUNT CALVARY CHURCH {$18) M/Ludeman, S/Kirsch to approve the consent calendar. Motion carried 5-0. Item #4 CANCELLATION OF PUBLIC HEARING ON THE RENEMAL OF ON- SALE MINE AND NON-INTOXICATING MALT LIQUOR FOR SPANKY'S 6344 PENN AVENUE C.L. 347 City Manager Prosser reviewed Council Letter No. 347 stating that subsequent to the scheduling of the public hearing, the city was notified that Spanky's will not seek renewal of these licenses. Council Meeting Minutes 4 November 23, 1987 M/Sandahl, S/Kirsch to cancel the hearin for the renewal of on-sale wine and non-intoxicating malt 1 quor licenses for Spanky's, 6344 Penn Avenue. Motion carried 5-0. Item #5 RENEWAL OF 1988 ON-SALE WINE AND NON-INTOXICATING MALT LIQUOR LICENSES FOR DAVANNI'S, INC. 2312 WEST 66TH STREET C.L. 348 City Manager Prosser reviewed Council Letter No. 348 recommending that the city council approve the 1988 on-sale wine and non-intoxicating malt liquor licenses to Davanni's, Inc. d/b/a Davanni's Pizza and Hot Hoagies, 2312 W. 66th Street. M/Ludeman, S/Garcia to close the public hearing. Motion carried 5-0. M/Sandahl, S/Garcia to a rove the 1988 on-sale wine and non-intoxicating malt liquor licenses for Davann 's, Inc. d/b/a Davanni's Pizza and Hot Hoagies, 2312 W. 66th Street. Motion Carried 5-0. Item #6 RENEWAL OF 1988 ON-SALE WINE AND NON-INTOXICATING MALT LIQUOR LICENSES FOR MILLER'S FIRESIDE PIZZA, 6736 PENN AVENUE. C.L. 349 City Manager Prosser reviewed Council Letter No. 349 recommending-that the city council approve the 1988 on-sale wine and non-intoxicating malt liquor licenses for Miller's Fireside Pizza Inc., 6736 Penn Avenue. M/Ludeman, S/Sandahl to close the public hearing. Motion carried 5-0. M/Kirsch, S/Garcia to a rove the 1988 on-sale wine and non- intoxicating malt liquor licenses for Miller's F reside Pizza 6736 Nenn Hvenue. Motion carried 5-0. Council Meeting. Minutes 5 November 23, 1987 Item #7 RENEWAL OF 1988 ON-SALE MINE AND NON-INTOXICATING MALT LIQUOR LICENSES FOR PREST MOTOR, INC., 7640 CEDAR AVE. C.L. 350 City Manager Prosser reviewed Council Letter No. 350 recommending that the city council approve the 1988 on-sale wine and non-intoxicating malt liquor licenses for Prest Motor Inn, Inc. d/b/a Park Inn International - das Stuberl, 7640 Cedar Avenue South. M/Sandahl, S/Ludeman to close the public hearing. Motion carried 5-0. M/Sandahl, SlLudeman to a rove the 1988 on-sale wine and non-intoxicatin malt li uor 1 censes or Pres Motor Inn Inc. d/b/a Park Inn Internat onal - das Stuberl, 7640 Cedar Avenue South. Motion carried 5-0. Item #8 RENEWAL OF 1988 ON-SALE WINE AND NON-INTOXICATING MALT LIQUOR LICENSES FOR SHAKEY'S PIZZA, 500 E. 78TH STREET C.L. 351 City Manager Prosser reviewed Council Letter No. 351 recommending that the city council approve the 1988 on-sale wine and non-intoxicating malt liquor licenses for North Star Pizza Corporation d/b/a Shakey's Pizza restaurant, 500 East 78th Street. M/Garcia, S/Ludeman to close the public hearing. Motion carried 5-0. M/Garcia, S/Sandahl to a rove the 1988 on-sale wine and non-intoxicating malt liquor icenses for Nor h Star Pizza Corooration d/b/a Shakey's Pizza Restaurant, 500 E. 78th Street. Motion carried 5-0. Council Meeting Minutes 6 November 23, 1987 Item #9 REQUEST FOR RECONSIDERATION OF THE DENIAL OF A CONDITIONAL USE PERMIT AT 6601 PENN AVENUE TO ALLOW CONSTRUCTION OF AN ACCESSORY CAR HASH STRUCTURE.C.L.352 City Manager Prosser reviewed Council Letter No. 352 recommending that the city council continue the hearing for reconsideration of the denial of a conditional use permit at 6601 Penn Avenue as requested by the appellant Amoco Oil Company. M/Sandahl, S/Garcia to continue the ublic hearin for reconsideration of the denia of a cond t onal use perm t at 6601 Penn Avenue to allow the construction of an accessory car wash structure to the _January 25, 1988 city council meetino. Motion carried 5-0. Item #10 REQUEST FOR RECONSIDERATION OF THE DENIAL OF AN AMENDMENT TO THE MARKET PLAZA FINAL DEVELOPMENT PLAN CONCERNING SIGNAGE FOR THE BLOCKBUSTER VIDEO STORE. C.L. 353. City Manager Prosser reviewed Council Letter No. 353 regarding a request for reconsideration of the August 10, 1987 city council denial of an amendment to the Market Plaza final development plan concerning signage for the Blockbuster Video store. Gerald Taragos, 6644 Stevens Avenue, representing Midway Sign Company, spoke in support of the applicants request. M/Ludeman, S/Sandahl to close the public hearing. Motion carried 5-0. M/Ludeman,~ S/Kirsch to not reconsider the denial of an endment_to the Market P aza f nal evelopment d an concern gna e_for the Blockbuster Video store. Motion carried 5-0. Council Meeting Minutes 7 November 23, 1987 Item #11 PUBLIC HEARING FOR CONSIDERATION OF A RESOLUTION PROVIDING FOR THE REFUNDING OF COMMERCIAL DEVELOPMENT REVENUE BONDS FOR CORPORATE TRAVEL BUILDING PROJECT. C.L. 354 City Manager Prosser reviewed Council Letter No. 354 regarding the authorization of the issuance of Commercial Development Revenue Refunding Bonds for the Corporate Travel Building Project. Council Member Ludeman asked that Assistant City Attorney Dean explain for the audience that these bonds are not an obligation of the city. Assistant City Attorney Dean explained that the city incurs no obligation for the reissuance costs or the underlying debt. He stated these are revenue bonds as opposed to general obligation bonds and that there is no risk for the city. M/Sandahl, S/Garcia to close the public. hearing. Motion carried 5-0. ^ adopted; that it be spread in the resolution book and tha made part of these minutes: RESOLUTION N0. 7376 RESOLUTION AUTHORIZING THE SALE AND ISSUANCE OF COMMERCIAL DEVELOPMENT REVENUE REFUNDING BONDS (CORPORATE TRAVEL BUILDING PROJECT) SERIES 1987 A AND SERIES 1987 8 AND THE EXECUTION OF Nf CESSARY DOCUMENTS Motion carried 5-0. This resolution appears as Resolution No. 7376 n Reso u on Book No. 56. Item #12 CONSIDERATION OF A RESOLUTION AMENDING RESOLUTION 7346 ADOPTING A BUDGET FOR THE YEAR 1988 AND LEVYING TAXES. C.L. 355 City Manager Prosser reviewed Council Letter No. 355 recommending that the city council adopt a resolution readopting the budget for the year 1988 and' levying taxes by increasing the tax levy by $125,000 for flood damage repairs and comparable worth costs. Council Meeting Minutes 8 November 23, 1987 Lawrence Wozniczka, 6744 Wentworth Avenue, suggested that a more creative approach be used to address these costs and stated that the repair of the flood damaged prairie at Woodlake should not be a priority. He also asked if this was a one year levy increase. City Manager Prosser stated that the $125,000 levy increase was for the year 1988 in addition to the levy previously approved by the city council. Council member Ludeman stated that the comparable worth costs were the result of state legislative action and the engineering study costs relating to the flood were expensive and the city must not short itself in operating cash. He stated that the city has done a good fob in limiting 3t's mill rate to an approximate 1.5 mill increase. He noted that Hennepin County, Richfield School District, and the Metropolitan Council account for a majority of the tax levy. Council Member Sandahl noted that the city was authorized to levy $195,000 but will levy only $125,000. M/Ludeman, S/Sandahl to close the public hearing. Motion carried 5-0. M/Ludeman, S/Sandahl that the followin resolution be ado ted• that it be s read n the resolut on book and ha it be made part of these m nutes: RESOLUTION N0. 7370 RESOLUTION AMENDING RESOLUTION N0. 7346 ADOPTING A BUDGET FOR THE YEAR 1988 AND LEVYING TAXES Motion carried 5-0. This resolution appears as Resolution No. 7370 in Resolut on Book No. 56. Ite® #13 CONSIDERATION OF A RESOLUTION APPROVING PARTICIPATION IN THE JOINT POWERS AGREEMENT GOVERNING LOCAL GOVERNMENT INFORMATION SYSTEMS (LOGIS) FOR THE PURPOSE OF FORMING A GROUP FOR THE PURCHASE OF HEALTH INSURANCE FOR EMPLOYEES. C.L. 356 City Manager Prosser reviewed Council Letter No. 356 recommending that the city council approve the city's participation in the Joint Powers Agreement Governing Local Government Information Systems (LOGIS) for the purpose of forming a group for the purchase of health insurance for employees. 1 9 November 23, 1987 at the following resolution be n the resolution book and that it be RESOLUTION N0. 7377 RESOLUTION APPROVING PARTICIPATION IN THE JOINT POWERS AGREEMENT GOVERNING LOCAL GOVERNMENT INFORMATION SYSTEMS (LOGIS) Council Meeting Minutes M/Sandahl, S/Ludeman t ado ted• that it be s read made par of these m nu es: Motion carried 5-0. This resolution appears as Resolution No. 7377 in Resolution Book No. 56. 1 Item #14 FIRST READING OF AN ORDINANCE WHICH WOULD PROVIDE FOR SUBSTANTIALLY UNPAINTED STRUCTURES TO BE DECLARED A PUBLIC NUISANCE AND ELIGIBLE FOR ABATEMENT PROCEDURE. C.L. 357 City Manager Prosser reviewed Council Letter No. 357 regarding a proposed ordinance amendment which would provide for substantially unpainted structures to be declared a public nuisance eligible for abatement procedures. Council member Ludeman stated his support for the proposed ordinance amendment. __. M/Ludeman, S/Sandahl that this constitute the First Readin of this ordinance and that the Public Hear ng and Second Reading of the ordinance be scheduled for the December 14 1987 cit counci meeting. Motion carried 5-0. Item #15 CONSIDERATION OF AN ORDINANCE AMENDMENT RELATING TO EMPLOYEE PROBATIONARY PERIODS. C.L. 358 City Manager Prosser reviewed Council Letter No. 358 regarding a proposed ordinance amendment to establish a one year probationary period for General Services employees. M/Sandahl, S/Ludeman that th of this ordinance and that the Pu o the ord Hance be schedu ed for counc 1 mee ng. Motion carried 5-0. constitute the First Readin c Hear n an Secon Rea n e December 14. 1987 c tv Council Meeting Minutes 10 November 23, 1987 Item #16 REQUEST FOR AN OFFSTREET PARKING PERMIT FOR A TEMPORARY PARKING AREA AT 67TH STREET AND GRAND AVENUE FOR RICHFIELD STATE AGENCY. C.L. 359 City Manager Prosser reviewed Council Letter No. 359 regarding a request by Carl McBride of Richfield State Agency for an offstreet parking permit for a temporary parking area at 67th Street and Grand Avenue. Carl McBride, Richfield State Agency, reviewed the need for additional parking on the site and a plan to establish a temporary parking area on lots owned by RSA. He reviewed the plan to ultimately pave and landscape the area and purchase and remove the house at 6636 Grand Avenue. Mayor Hamilton asked what surface the temporary parking area would have. Mr. McBride indicated gravel would be placed as the surface with timbers on the perimeter. Council Member Sandahl asked when the lot would be blacktopped and whether Mr. McBride would accept a stipulation setting a date for blacktopping. Mr. McBride stated it was his hope that RSA could negotiate the purchase of 6636 Grand Avenue and blacktop the area for additional parking next spring and would agree to any suggested stipulation for blacktop installation. Council Member Garcia stated opposition to approving the request because city ordinances prohibited this type of proposal and stated support for consistent ordinance enforcement. City Manager Prosser stated that the only action the city council could take to grant this request would be to amend the ordinance code. Council Member Ludeman suggested that Mr. McBride complete the purchase of 6636 Grand Avenue and then complete the planned parking area with the proper paving and screening. M/Garcia, S/Ludeman to den the re nest of the Richfield State Agency for an offstree par ng perm or a emporarv parking area to be located at 67th Street and Grand Avenue. Motion carried 5-0. Council Meeting Minutes 11 November 23, 1987 Item #17 CONSIDERATION OF PURCHASE OF PROPERTY AT 7300 FIRST AVENUE. C.L. 360 City Manager Prosser reviewed Council Letter No. 360 regarding the repurchase of the property at 7300 First Avenue. M/Sandahl, S/Ludeman that the following resolution be ado ted• that it be s read in the resolution book and that it be made par of these m nu es: RESOLUTION N0. 7378 RESOLUTION AUTHORIZING PURCHASE OF LAND (7300 FIRST AVENUE SOUTH) Motion carried 5-0. This resolution appears as Resolution No. 7378 n Resolution Book No. 56. Lawrence Wozniczka, 6744 Wentworth Avenue, asked why the city was repurchasing this property and if there was a liability question involved. City Manager Prosser reviewed the facts regarding the 1984 purchase of the property and sale after flood mitigating measures. He stated that the owners had asked that the sale be voided on the basis of mutual error in the sale of this property and the city has agreed to repurchase the property at original purchase price. Mr. Wozniczka stated that it appeared the city has a concern about liability and asked what source of funds would be used for the purchase. Assistant City Attorney Dean stated this resolution is the settlement of a threatened lawsuit and a recision of an agreement in 1984 which everyone realizes probably would not have been made if the information known at this time had been available at the time of the agreement. City Manager Prosser stated the funding source was the sewer fund. He also stated that the city does not intend to resell the property for residential use. Item #18 CONSIDERATION OF APPOINTMENTS TO SOUTH HENNEPIN HUMAN SERVICES COUNCIL BOARD OF DIRECTORS. C.L. 361 City Manager Prosser reviewed Council Letter No. 361 regarding the consideration of appointments to the South Hennepin Human Services Council to fill two director vacancies. Council Meeting Minutes 12 November 23, 1987 M/Ludeman, S/Sandahl to a oint M rna Hammer and Council Member Kirsch to the South Henne in Human Serv ces Counc Board o Directors or wo ear terms which will expire January 31, 1990. Motion carried 5-0. Ite® #19 CORRESPONDENCE/LEGISLATIVE REPORT None Item #20 COUNCIL DISCUSSION ITEMS Council Member Ludeman requested that the city council be provided with a review of the Veterans Memorial Park project including costs and future plans. City Manager Prosser stated that the staff is currently preparing such a report for council review. Item #21 CLAIMS AND PAYROLLS M/Sandahl, S/Ludeman that the following claims and payrolls be approved: RICHFIELD STATE BANK Checks 9271-9332, 92949-93234 $ 594,641.33 FIRST WESTERN BANK Checks 3993-4028 $2,541,839.59 Checks 9530-9568, 9812-10158 Payroll $ 278,297.34 Motion carried 5-0. [1 Council Meeting Minutes 13 November 23, 1987 ADJOURNMENT M/Kirsch, S/Garcia that the meeting adjourn. Motion carried 5-0. ~ The meeting was adjourned at 8:10 p.~,. II / . Date Approved: 12/14/87 n Ham~uton /~ ~ /~~~ Thomas P. Ferber City Clerk ayor r ame D. Prosser it Manager CITY OF RICHFIELD, MINNESOTA CLOSED EXECUTIVE SESSION CITY COUNCIL MEETING NOVEMBER 23, 1987 MEMBERS PRESENT: John Hamilton, Mayor; Ivan Ludeman; Michael Sandahl; Martin Kirsch; and Edwina Garcia. STAFF PRESENT: James Prosser, City Manager; John Dean, Assistant City Attorney; and Thomas P. Ferber, City Clerk. The closed Executive Session was called to order by Mayor Hamilton at 6:45 p.m. Assistant City Attorney Dean discussed and reviewed the proposed repurchase of the property located at 7300 First Avenue South.. The closed Executive Session meeting was adjourned at 7:03 p.m.