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08-08-1988CITY OF RICHFIELD, MINNESOTA REGULAR CITY COUNCIL MEETING August 8, 1988 MEMBERS PRESENT: Steven Quam, Mayor; Edwina Garcia; Michael Sandahl; and Martin Kirsch. ABSENT: Ivan Ludeman 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; Jahn Erskine, Public Safety Director; William Fillmore, Liquor Operations Director; and John Dean, City Attorney. The meeting was called to order by Mayor Quam at 7:01 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 a rave the minutes of the re ular city council meeting of Ju y 25, 988; a spec a counc meeting of June 27, 1988; and the special. council meeting of July 11, 1988. Motion carried 4-0. Item #1 PROCLAMATION DESIGNATING THE CITY OF RICHFIELD'S SUPPORT FOR THE UNITED WAY CAMIPAIGN. C.L. 185 City Manager Prosser reviewed Council Letter No. 185 regarding support for the United Way Campaign. Mayor Quam read and presented a proclamation supporting the United Way's Richfield Community Campaign to Pat Henning and John Hamilton, representatives of the United Way Campaign. John Hamilton, 7220 Harriet Avenue, reviewed the Richfield United Way Community Campaign effort. Council Meeting Minutes -2- August 8, 1988 Item #2 PRESENTATION OF THE CITY OF RICi~'IELD COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR FISCAL YEAR ENDED DECEMBER 31, 1987. C.L. 186 City Manager Prosser reviewed Council Letter No. 186 regarding the City of Richfield Comprehensive Annual Financial Report for the fiscal year ending December 31, 1987. M/Quam, S/Kirsch to acce t the Com rehensive Annual Financial Report of the C ty or a near end ng Decem er 31, 1987. Motion carried 4-O. Item #3'OPPORTUNITY FOR .CITIZENS TO ADDRESS THE CITY COUNCIL ON ANY ITEM NOT LISTED ON THE AGENDA. Lawrence Wozniczka, 6744 Wentworth Avenue, suggested that the city council develop a policy statement of objectives as a guide to 1494, I35, Highway 77, and ILN road improvements. Mayor Quam stated that a Richfield transportation system study and plan authorized by the council earlier this year will address these issues. City Manager Prosser stated that-the study and plan should be completed in late October, 1988. Ite® #4 COUNCIL APPROVAL OF AGENDA M/Quam, S/Garcia to approve the agenda. Motion carried 4-0. Item #5 CONSENT CALENDAR A. APPROVED RESOLUTION PROVIDING FOR POLLING PLACES AND DESIGNATING ELECTION JUDGES FOR THE SEPTEMBER 13, 1988 CITY PRIMARY ELECTION. C.L. 187 RESOLUTION N0, 7427 RESOLUTION PROVIDING FOR POLLING PLACES AND DESIGNATING JUDGES FOR THE PRIMARY ELECTION OF SEPTEMBER 13, 1988 Council Meeting Minutes -3- August 8, 1988 B. APPROVED RESOLUTIONS DECLARING COSTS TO BE ASSESSED FOR ALLEY MAINTENANCE AND SNOWPLOWING FOR 1987 AND SETTING A PUBLIC HEARING FOR SEPTEMBER 12, 1988. C.L. I88 RESOLUTION N0. 7428 RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR 1987 ALLEY MAINTENANCE AND SNOWPLOWING CITY PROJECT N0. 831 RESOLUTION N0. 7429 RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR 1987 ALLEY MAINTENANCE - CITY PROJECT N0. 831 C. APPROVED RESOLUTION PROPOSING TO ASSESS THE I/L/N PROJECT AREA FOR MAINTENANCE PERFORMED FOR THE PERIOD 1/1/89 - 12/31/89 AND SETTING THE PUBLIC HEARING FOR SEPTEMBER 12, 1988. C.L. 189 RESOLUTION N0. 7430 RESOLUTION PROPOSING TO SPECIALLY ASSESS FOR THE COSTS OF CURRENT SERVICES PROVIDED WITHIN THE INTERSTATE/LYNDALE/NICOLLET PROJECT AREA FOR THE PERIOD JANUARY 1, 1989 THROUGH DECEMBER 31, 1989. CITY PROJECT N0. 846 D. APPROVED RESOLUTIONS DECLARING COSTS TO BE ASSESSED FOR REMOVAL OF DISEASED TREES FROM PRIVATE PROPERTY FOR THE PERIOD AUGUST 1, 1987 TO JULY 31, 1988 AND SETTING DATE OF HEARING FOR SEPTEMBER 12, 1988 C.L. 190 RESOLUTION N0. 7431 RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR REMOVAL OF DISEASED TREES FROM PRIVATE PROPERTY FOR THE PERIOD OF AUGUST 1, 1987 TO JULY 31, 1988 RESOLUTION N0. 7432 RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR DISEASEO TREE REMOVAL FROM PRIVATE PROPERTY FOR THE PERIOD AUGUST 1, 1987 TO JULY 31, 1988 Council Meeting Minutes _4_ E. APPROVED RESOLUTION PROPOSING THE COSTS OF CURRENT SERVICES MAINTENANCE FOR THE PERIOD JAS DECEMBER 31, 1989 AND SETTING SEPTEMBER 12, 1988. C.L. 191 August 8, 1988 TO SPECIALLY ASSESS FOR PROVIDED FOR ALLEY WARY 1, 1989 THROUGH DATE OF HEARING FOR RESOLUTION N0. 7433 RESOLUTION PROPOSING TO SPECIALLY ASSESS FOR THE COSTS OF CURRENT SERVICES PROVIDED FOR ALLEY MAINTENANCE IN THE CITY OF RICHFIELD JANUARY 1, 1989 THROUGH DECEMBER 31, 1989 CITY PROJECT N0. 845 F. APPROVED RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR L/H/N MAINTENANCE FOR THE PERIOD JANUARY 1, 1987 THROUGH DECEMBER 31, 1987 AND SETTING THE PUBLIC HEARING FOR SEPTEMBER 12, 1988. C.L. 192 RESOLUTION N0. 7434 RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR LHN MAINTENANCE JANUARY 1, 1987 THROUGH DECEMBER 31, 1987 CITY PROJECT N0. 830 FA. APPROVED RESOLUTION PROPOSING TO SPECIALLY ASSESS FOR THE COSTS OF CURRE NT SERVICES PROVIDED WITHIN THE L/H/N FOR THE PERIOD JANUARY 1, 1989 - DECEMBER 31, 1989 ANO SETTING THE PUBLIC HEARING FOR SEPTEMBER 12, 1988. RESOLUTION N0. 7436 RESOLUTION PROPOSING TO SPECIALLY ASSESS FOR THE COSTS OF CURRENT SERVICES PROVIDED WITHIN THE LYNDALE/HUB/NICOLLET PROJECT AREA FOR THE PERIOD JANUARY 1, 1989 THROUGH DECEMBER 31, 1989 CITY PROJECT N0. 844 G. APPROVED RESOLUTION AUTHORIZING EXECUTION OF A PUBLIC SERVICES AGREEMENT WITH SOUTH HENNEPIN HUMAN SERVICES COUNCIL AND AUTHORIZING ASSIGNMENT OF ADMINISTRATIVE RESPONSIBILITIES TO HENNEPIN COUNTY. C.L. 193 RESOLUTION N0. 7437 RESOLUTION AUTHORIZING EXECUTION OF A PUBLIC SERVICE AGREEMENT WITH SOUTH HENNEPIN HUMAN SERVICES COUNCIL AND AUTHORIZING ASSIGNMENT OF ADMINISTRATIVE RESPONSIBILITIES TO HENNEPIN COUNTY H. APPROVED ESTIMATES 2 AND 3 FOR HILITE ELECTRIC FOR ACADEMY OF THE HOLY ANGELS FIRE PROTECTION. C.P. 799 $14,247. Council Meeting Minutes -5- August 8, 1988 Mayor Quam requested that the City Manager explain Item #SH of the consent calendar. City Manager Prosser stated that this item was approval of payment of estimates 2 and 3 in the amount of $14,247 to Hilite Electric. He stated this was far installation of a fire protection system at the Academy of Holy Angels which was financed by a special assessment bond. M/Sandahl, S/Quam to approve the consent calendar. Motion carried 4-0. Item #6 CONTINUATION OF THE PUBLIC HEARING OF REQUEST FOR A CONDITIONAL USE PERMIT AT 6405 CEDAR AVENUE TO OPERATE THE UGLY DUCKLING RENT-A-CAR. C.L. 194. City Manager Prosser reviewed Council Letter No. 194 regarding consideration of a conditional use permit to allow the operation of the Ugly Duckling Rent-A-Car business at 6405 Cedar Avenue. M/Sandahl, S/Kirsch to close the public hearing. Motion carried 4-0. M/Kirsch, S/Garcia permit for the operation Cedar Avenue. Motion carried 4-0. Item #7 COUNCIL CONFIRMATION OF SUSPENSION OF TAXICAB DRIVER'S LICENSE. C.L. 195 City Manager reviewed Council Letter No. 195 regarding the suspension of a Richfield taxi driver's license. MlSandahl, S/Garcia to close the public hearing. Motion carried 5-0. M/Garcia, S/Quam to confirm the action of Public Safet Director Erskine in the suspens on of a Richfie d tax dr ver's license in accordance with Richfield City Code 1175.11, Subd. 2. Motion carried 4-0. to den the re uest for a conditional use o the Ualy Duckl na Rent-A-Car at 6405 Council Meeting Minutes -6- August 8, 1988 Items #8 FINDINGS OF FACT RELATING TO COUNCIL DENIAL OF AN ORDINANCE AMENDMENT TO REZONE THE PROPERTY AT 7312 LYNDALE AVENUE FROM SINGLE-FAMILY RESIDENTIAL "R' DISTRICT TO MULTIPLE RESIDENCE "MR-2~ DISTRICT. C.L.196 City Manager Prosser reviewed Council Letter No. 196 regarding the adoption of findings of fact denying a zoning amendment for 7312 Lyndale Avenue. Mayor Quam asked for a review of the amendments to the findings resolution draft as presented this evening. City Attorney Dean reviewed the changes to the draft resolution focusing on deviation from present zoning density, common element subdivision issues, parking, and procedural issues. Mayor Quam stated that he did not agree with the findings regarding parking and the incompatibility with the area; therefore, would vote against the findings. M/Kirsch, SlSandahl tha RESOLUTION DENYING A ZONING AMENDMENT FOR 7312 LYNDALE AVENUE SOUTH Motion failed 2-2. (Quam, Garcia opposed) City Attorney Dean stated that the rezoning was denied by previous action but that no written findings will be on record supporting the denial. 1 Item #9 SETTING DATES FOR BUDGET HEARING PROCESS. C.L. 197 City Manager Prosser reviewed Council Letter No. 197 regarding the setting of dates for City Council Budget Hearings. Council Meeting Minutes -7- August 8, 1988 M/Quam, S/Sandahl to approve the following budget hearing schedule: Wednesda Se tember 7 1988 7:00 .m. Overal Budge Presentation Legislative/Executive General Fund Sewer Fund Water Fund Golf Course Fund Community Services Wednesda Se tember 14 1988 7:00 .m. Cap tal Budget Liquor Fund Public Safety Debt Service Fund Community Development Internal Service Funds Administrative Services Wednesday, September 21, 1988 7:00 p.m. Special Revenue Fund, Public Safety, Budget Adoption Wednesday, September 28, 1988 7:00 p.m. Reserve date, if necessary Motion carried 4-0. 1 Item #10 CORRESPONDENCE/LEGISLATIVE REPORT Mayor Quam stated he had Shore Drive Condominium Board voluntary water conservation voluntary water conservation received a letter from the regarding their adoption of efforts and support for the program. Ite® #11 COUNCIL DISCUSSION ITEMS Lake City's Council Member Sandahl asked about the impact of the Yonkers, New York court case involving contempt of court charges against city council members. City Attorney Dean reviewed the details of this particular case and the reasons for the court action. Mayor Quam stated he had been charged with a misdemeanor under a fair campaign practices provision, in connection with an ad that appeared in the Richfield Sun-Current on the November 3, 1987, election day. He stated he nor anyone in his campaign, knowingly intended to violate any provision of the law. He added that he has participated willingly in the investigation. and that he was optimistic that this matter will be resolved fairly, and without significant impact on his effectiveness. Mayor Quam acknowledged the attendance of Boy Scout Troop 64 at the council meeting working for their citizenship in the community merit badge. Council Meeting Minutes -8- August 8, 1988 Item #12 CLAIMS ANO PAYROLLS M/Sandahl, S/Garcia that the following claims and pa rolls be approved: RICHFIELD STATE BANK Checks 10337-10400; 97813-98135 $ 905,768.58 FIRST WESTERN BANK Checks 4455-4485 $2,247,881.98 Checks 17150-17185; 17192-17653 Payroll $ 336,,974.58 Motion carried 4-0. ADJOURNMENT M/Kirsch, S/Garcia that the meeting ad.iourn. Motion carried 3-l. (Sandahl opposed) The meeting was adjourned at 7:39 p.m. Date Approved: 8/22/88 n J. T omas P. Ferber J mes D. Prosser City Clerk C ty Manager f % ~6.``~ ~.- ''~ yor 1