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03-28-1988CITY OF RICHFIELD, MINNESOTA REGULAR CITY COUNCIL MEETING March 28, 1988 MEMBERS PRESENT: Steven Quam, 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; Donald Fondrick, Community Services Director; Byron Wallace, Community Development Director; Patrick Coughlin, Fire Chief; William Fillmore, Liquor Operations Director; William Rollick, Investigator/Agent; and John Dean, City Attorney (arrived at 7:22 p.m.). The meeting was called to order by Mayor Quam at 7:00 p.m. PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE Mayor Quam led the audience in the Pledge of Allegiance. APPROVAL OF MINUTES M/Kirsch, S/Garcia to approve the minutes of the regular City Council Meeting on March 14, 1988. Motion carried 5-0. Item #1 OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON ANY ITEM NOT LISTED ON THE AGENDA. Fred Habegger, 6740 Blaisdell Avenue, representing the group Richfield Tennis, stated his concern regarding the lack of maintenance of the Augsburg Park tennis courts and minimal promotion of tennis recreation programs in Richfield. Genevieve Bolger, 6638 Morgan Avenue, member of the Seniors Tennis Players Association, stated that the condition of the courts at Augsburg Park was dangerous and urged the council to resurface these courts. Council Meeting Minutes -2- March 28, 1988 Harvey Chapman, 7101 Oliver Avenue, stated that he understood that the decision had been made to repair the Augsburg Park courts last fall and urged that the improvements be made. City Manager Prosser .stated that the Community Services Commission was reviewing and prioritizing the repair of the community's tennis courts. He stated the priorities would be determined by the level of use and condition of the courts. He stated $16,000 was budgeted for tennis courts in 1988 and work should commence this spring.' Council Member Ludeman asked when the city council would receive the Community Services Commission report. Community Services Director Fondrick stated the Commission should complete their review in the next month or two and that the results of this review would be recorded in the Community Services Commission minutes which are distributed to the city council. He stated work would then commence on the tennis courts . Mayor Quam reviewed the role of the Community Services Commission in the determination of park improvements and recreation programs. Council Member Sandahl suggested that the city manager transmit the comments of the organized tennis groups to the Community Services Commission to assist in the determination of priorities. Council Member Ludeman stated concern that the budgeted amount of $16,000 would not cover all the needed repairs for tennis courts. He stated that maintenance of existing park facilities should take priority over the development of Veterans Memorial Park. Items #2 PRESENTATION 8Y RICHFIELD HIGH SCHOOL STUDENTS ABOUT ACTIVITIES FOR KEVIN HOEMKE DAY. C.L. 82 Student representatives from Richfield High School summarized the activities and events scheduled for April 9, 1988 to-raise money to defray some of the medical costs of Richfield student Kevin Hoemke. Mayor Quam read a proclamation designating April 9, 1988 as Kevin Hoemke Day in the City of Richfield. Council Meeting Minutes -3- March 28, 1988 Item #3 COUNCIL APPROVAL OF AGENDA - - -.~ M/Sandahl, S/Kirsch to approve the agenda. Motion carried 5-0. Ite® #4 CONSENT CALENDAR A. APPROVED RENEWAL OF ON-SALE NON-INTOXICATING MALT LIQUOR LICENSE FOR CHUCK E. CHEESE'S PIZZA TIME. C.L.83 8. APPROVED RENEWAL OF ON-SALE NON-INTOXICATING MALT LIQUOR LICENSE FOR KINHDO RESTAURANT, 6345 PENN. C.L.84 M/Sandahl, S1Ludeman to a prove the consent calendar. Motion carried 5-0. Item #5 FIRST READING OF AN ORDINANCE AMENDMENT RELATING TO THE LENGTH OF TERMS FOR STUDENT MEMBERS OF THE HUMAN RIGHTS COMMISSION. C.L. SS City Manager Prosser reviewed Council Letter No. 85 regarding a proposed ordinance amendment to amend the length of terms for youth members of the Human Rights Commission. M/Sandahl, S/Garcia that this constitute the First Reading of this ordinance and that thg Public Hearing and Second Reading of the, ordinance be scheduled for the April 25, 1988 city council meeting. Motion carried 5-0. Item #6 CONSIDERATION OF A RESOLUTION DEFERRING CERTIFICATION OF SPECIAL ASSESSMENT FOR ACADEMY OF THE HOLY ANGELS FIRE SUPPRESSION IMPROVEMENTS. C.L. 86 City Manager Prosser reviewed Council Letter No. 86 regarding the deferral of the certification of special assessments for the Academy of the Holy Angels fire suppression project improvements. Council Meeting Minutes -4- March 28, 1988 Council Member Ludeman asked what had caused the delay in the project. Fire Chief Coughlin stated that the project had originally been scheduled over a 3 year period. He stated the schedule had now been revised for completion in two years, with 90~ of the project to be completed by the fall of 1988. M/Kirsch, S/Sandahl tion be RESOLUTION CANCELLING CERTIFICATION OF SPECIAL ASSESSMENT FOR ACADEMY Of THE HOLY ANGELS FIRE SUPPRESSION IMPROVEMENTS Motion carried 5-0. This resolution appears as Resolution No. 7408 in Resolution Book No. 56. Item #7 CONSIDERATION OF A RESOLUTION AMENDING RESOLUTION N0. 7029 ESTABLISHING THE ADVISORY BOARD OF HEALTH TO ALLOM FOR STUDENT LIAISONS TO THE BOARD. C.L. 87 City Manager Prosser reviewed Council Letter No. 87 regarding a resolution to permit the appointment of high school , students as liaisons to the Advisory Board of Health. M/Kirsch, S/Garcia RESOLUTION AMENDING RESOLUTION 7029 ESTABLISHING THE ADVISORY BOARD OF HEALTH Motion carried 5-0. This resolution appears as Resolution No. 7409 in Resolution Book No. 56. 1 Item #8 CONSIDERATION OF A RESOLUTION APPROVING APPOINTMENTS TO THE 1988 BOARD OF EQUALIZATION (BOARD OF REVIEM) C.L.88 City Manager Prosser reviewed Council Letter No. 88 regarding the appointment of Mr. Lawrence Emond and Mr. John Janski to the 1988 Local Board of Equalization and the proposed level of compensation for their service. RESOLUTION N0. 7408 RESOLUTION N0. 7409 1 0 Council Meeting Minutes -5- March 28, 1988 Council Member Sandahl suggested that in the future consideration be given to appointing one non-technical resident member. Council discussion followed regarding the importance of the expert technical information that Mr. Edmond and Mr. Janski provide as resident members of the Board. M/Garcia, S/Sandahl t A RESOLUTION CONFIRMING CITY MANAGER'S APPOINTMENT OF TWO RESIDENT MEMBERS TO THE BOARD OF EQUALIZATION Motion carried 5-0. This resolution appears as Resolution No. 7410 in Resolution Book No. 56. Items #9 CONSIDERATION OF LEGAL FEES IN EXCESS OF $5,000 TO DEFEND CLAIM FROM RESTAURANT VENTURES TMO, INC. C.L. 89 City Manager Prosser reviewed Council Letter No. 89 regarding the payment of attorney fees in the amount of $13,439.99 from the city's Self Insurance Fund for defense of a claim from Restaurant Ventures Two, Inc. Council Member Ludeman questioned the payment of legal fees from the Self Insurance Fund. City Manager Prosser and City Attorney Dean reviewed the city's Self Insurance Fund, deductibles, and relationship to insurance coverage in defending the city against claims and lawsuits. Council Member Kirsch asked if-further legal fees will be incurred regarding this legal action. City Attorney Dean stated that Restaurant Ventures Two, Inc. had petitioned the Supreme Court for review. Therefore, additional fees for preparing a memo to the Supreme Court have not been billed. He stated there is also the potential for additional costs if the Supreme Court agrees to review the case. Council Member Garcia asked the status of the parking, maintenance, and sign removal issues at the old Robert Hall site. City Attorney Dean stated criminal charges had been filed and a pre-trial conference was scheduled in April. RESOLUTION N0. 74.10 Council Meeting Minutes March 28, 1988 -6- City Manager Prosser reviewed the actions of the city to obtain code compliance at this site. M/Ludeman, 5/Garcia to authorize the a ment of attorne fees in the amount of $13,439.99 from the c t 's Self Insurance Fund for defense of a claim from Restaurant Ventures Two. Inc. Motion carried 5-0. Item #10 CONSIDERATION OF APPOINTMENT OF A COUNCIL MEMBER TO REPRESENT THE CITY ON THE SOUTHWEST SUBURBAN CABLE COMMISSION. C.L. 90 City Manager Prosser reviewed Council Letter No. 90 regarding the appointment of a Council Member to replace Mayor Quam as a Director to the Southwest Suburban Cable Commission. M/Kirsch, S/Sandahl to for to the Southwest S Motion carried 5-0. Council Member Ludeman as a on. Item #11 CORRESPONDENCE/LEGISLATIVE REPORT Mayor Quam and Council Member Sandahl. reviewed the issues ~ - discussed at the National League of Cities Conference which they attended. Item #12 COUNCIL DISCUSSION ITEMS None Item #13 CLAIMS AND PAYROLLS M/Ludeman, S/Sandahl that the following claims and payrolls be approved: RICHFIELD STATE BANK Checks 9804-9857; 95223-95476 $ 794,732.54 Council Meeting Minutes -7- March 28, 1988 FIRST MINNESOTA Check 1069 $ 10,000.00 FIRST WESTERN BANK Checks 4236-4259 $1,577,138.89 Checks 11866-11893, 13070-13390 Payroll $ 282,596.77 Motion carried 5-0. ADJOURNMENT M/Kirsch, S/Quam that the meeting ad.iourn. Motion carried 5-0. The meeting was adjourned at 8:04 p D-ate Approved: Thomas P. Ferber City Clerk 4/11/88 :A~ J me D. Prosser i Manager