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10-24-1988CITY OF RICHFIELD, MINNESOTA REGULAR CITY COUNCIL MEETING • October 24, 1988 MEMBERS PRESENT: Steven Quam, Mayor; Edwina Garcia; Ivan Ludeman; Michael Sandahl; and Martin Kirsch. STAFF PRESENT: John Dean, City Attorney; James Prosser, City Manager; Steven Devich, Administrative Services Director; Donald Fondrick, Community Services Director; John Erskine, Public Safety Director; Byron Wallace, Community Development Director; and William Fillmore, Liquor Operations Director. 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 MINiITES - • M/Sandahl, S/Kirsch to approve the minutes of the Budget Hearing of September 21, 1988; the Special City Council Meeting of October 3, 1988; the Study Session of October 3, 1988; and the Regular City Council Meeting_of October 10, 1988. Motion carried 5-0. Item.#1 OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON ITEMS NOT LISTED ON TSE AGENDA. No one wished to address the Council. Item #2 RECOGNITION OF ATTENDANCE AT COUNCIL MEETING OF CUB SCOUT PACK #344 AND BOY SCOUT TROOP #443. Mayor Quam acknowledged the attendance of Cub Scout Pack #344 and Boy Scout Troop #443. Council Meeting Minutes -2- October 24, 1988 Item #3 AWARD OF MEDAL, OF MERIT COMMENDATION TO 3EVE~lL PQBLIC SAFETY DEPARTMENT EMPLOYEES FOR EXCEPTIONAL PERFORMANCE DURING AN EMERGENCY ON SEPTEMBER 15, 1988. C.L. NO. 255. Public Safety Director Erskine reviewed Council Letter No. 255 concerning the award of Medal of Merit commendation to several Public Safety Department employees for exceptional performance during an emergency on September 15, 1988. Mayor Quam and Public Safety Director Erskine presented awards and commendations to Loren Olsen, Fire Captain; Steven Paszkiewicz, Firefighter; Richard Flaten, Police Officer; and Jeffrey Dickie, 911 Dispatcher. Item #4 COUNCIL APPROVAL OF AGENDA Council Member Ludeman requested the addition of Item 11A to the agenda regarding the Walser billboard item previously acted on by the Council. M/Sandahl, S/Ludeman to approve the agenda as amended. Motion carried 5-0. Item #5 CONSENT CALENDAR A. APPROVED PURCHASE IN EXCESS OF $5,000 FOR MILLING MACHINE FOR STREET REPAIR. C.L. NO. 256. B. APPROVED CONTRACTS FOR CURBSIDE COLLECTION OF GLASS, CANS AND CARDBOARD. C.L. NO. 257. 1 C. APPROVED A MASTER PURCHASE ORDER FOR SALT TO BE USED IN ICE CONTROL DURING THE 1988/89 WINTER SEASON. C.L. N0. 258. D. APPROVED CONTRACT FOR COMPUTER MAINTENANCE FOR 1989. C.L. 259. APPROVED ESTIMATE #3 PAYMENT TO METRO BUILDING SYSTEMS FOR CP799 ACADEMY OF THE HOLY ANGELS SPRINKLER SYSTEM. $20,925.00 Council Meeting Minutes -3- October 24, 1988 APPROVED ESTIMATE #4 TO NEW MECH COMPANIES FOR ACADEMY OF HOLY ANGELS SPRINKLER SYSTEM. X8,834.00 APPROVED THE FIRST AND FINAL PAYMENT TO ETTEL AND FRANZ COMPANY FOR LYNDALE AVENUE LIQUOR STORE REROOFING. $32,205.00 APPROVED ESTIMATE #1 TO OUTDOOR ENVIRONMENTS INC. FOR CP838 RETAINING WALL RECONSTRUCTION. $10,105.87 M/Sandahl, S/Ludeman to approve the consent calendar. Motion carried 5-0. Item #6 FORLA DAHY~CARE CENTER AT~74400PENN AITVENQEA(LINCOLN~IT HILLS CENTER)- C.L.. NO. 260. City Manager Prosser reviewed Council Letter No. 260 regarding a public hearing on a request for conditional use permit for a day care center at 7440 Penn Avenue (Lincoln Hills Center). Council Member Ludeman asked if the building was equipped with a sprinkling system. Eric Stevens and Tricia Rolek, St: David's School of Minnetonka, said that they were encouraged by South Hennepin Vo- Tech District #287 to provide a day care center for approximately 35 handicapped and non-handicapped children. The center has been approved by the Fire Division and licensed by the State of Minnesota. Council Member Kirsch stated that the railing and steps were in poor condition. City Manager Prosser responded that he will follow up on that item. Council Member Garcia asked how many handicapped children were at the center. Ms. Rolek responded that there are ten handicapped children. M/Sandahl, S/Kirsch to close the public hearing. Motion carried 5-0. Council Meeting Minutes M/Sandahl, S/Ludeman conditional use permit fn -4- October 24, 1988 Item #7 FIRST READING OF AN ORDINANCE TO PROHIBIT CAR DEALERS FROM PARKING ON CITY OWNED PROPERTY WITHOUT CITY AUTHORIZATION. C.L. NO. 261. City Manager Prosser reviewed Council Letter No. 261 regarding the First Reading of an ordinance to prohibit car dealers from parking on City owned property without City authorization. Council Member Ludeman stated that the City should meet with business people before enacting such an ordinance. Council Member .Sandahl agreed with that principal. However, the City has been dealing with Mr. McCarthy for the past one and one-half years. Mayor Quam stated that this is a First Reading. All persons will get a notice of Second Reading and Public Hearing by publication. Council Member Ludeman requested that City staff send the notice to the car dealers. M/Kirsch, S/Sandahl that this constitute the First Readin of this ordinance and that the Public Hearing and Second Readi of the ordinance be scheduled for the November 14, 1988 City Council meeting. Motion carried 5-d. Item #8 RESOLUTION CERTIFYING DEFERRAL OF SPECIAL ASSESSMENTS FOR CERTAIN ELIGIBLE HOMEOWNERS. C.L. NO. 262. City Manager Prosser reviewed Council Letter No. 262 regarding a resolution certifying deferral of special assessments for certain eligible homeowners. 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: Motion carried 5-0. Council Meeting Minutes -5- October 24, 1988 RESOLUTION N0. 7472 RESOLUTION APPROVING ELIGIBLE DEFERRAL OF SPECIAL ASSESSMENTS AGAINST OWNER OCCUPIED HOMESTEAD PROPERTIES OF PERSONS PERMANENTLY AND TOTALLY DISABLED Motion carried 5-0. This resolution appears as Resolution No. 7472 in Resolution Book No. 57. Item #9 REQUEST FOR A1~NDMENT TO OFF-STREET PARKING PERMIT AT APARTMENT BUILDING, 710 EAST 78TH STREET, TO CONSTRUCT A PLAY AREA. C.L. NO. 263. City Manager Prosser reviewed Council Letter No. 263 regarding a request for an amendment to the off-street parking permit at the apartment building at 710 East 78th Street to construct a play area. Sheryl Fox, Property Manager for the Sage Corporation located at 6490 Excelsior Boulevard, stated that with $60,000 in landscaping over the next four years, she would like to be able to forgo the 26 foot curb cut because it takes away from the money for landscaping. Council Member Ludeman asked if City staff and the applicant agree on the landscaping plan. .City Manager Prosser responded if the applicant and City are not able to agree on landscaping plan, the applicant may go to the City Council. Mayor Quam added that the 26 foot curb cut is a standard for the community. cut. Council Member Sandahl was in support of the 26 foot curb Council Member Ludeman was also in support of the 26 foot curb cut for safety reasons. M/Sandahl, S/Kirsch to at~prove the amendment to the off- street parking Hermit at the apartment buildincr located at 710 stipulations: 1. The landscaping along the westerly and north- westerly part of the property be replaced or upgraded to meet staff's approval. Council Meeting Minutes -6- October 24, 1988 2. That the play area and all other improvements in the parking area meet the building and fire codes. 3. That the existing 24 foot curb cuts be increased to 26 feet. Motion carried 5-0. Item #10 REQUEST FOR AMENDMENT TO OFFSTREET PARKING PERMIT AT VFW, 710 LAKE SHORE DRIVE, TO PERMIT CONSTRUCTION OF A BUILDING ADDITION. C.L. NO. 264. City Manager Prosser reviewed Council Letter No. 264 regarding a request for an amendment to offstreet parking permit at the VFW, 710 Lake Shore Drive, to permit construction of a building addition. VFW Commander Mark Browne was present to field questions. M/Ludeman, S/Sandahl to approve the amendment to the offstreet narking permit at the VFW, 710 Lake Shore Drive, to permit construction of a buildin addition, with the following stipulations: 1. The parking spaces noted on the plan be deleted resulting in a net loss of three parking spaces. 2. The landscaping plan be approved by City staff. 3. The Lyndale and westerly Lake Shore Drive curb cuts be widened to 26 feet and the remaining curb cuts be made one way. Motion carried 5-0. Item #11 COUNCIL CONFIRMATION OF MAYOR'S APPOINTMENT OF HRA COMMISSIONER. C. L. 165. Mayor Quam reviewed Council Letter No. 265 regarding Council confirmation of the Mayor's appointment of the HRA Commissioner. Mayor Quam nominated Edwina Garcia to the HRA for a term to expire October 27, 1993 or the end of the appointee's service as Council Member, whichever is first. M/Quam, S/Sandahl to approve the appointment of Edwina Garcia as HRA Commissioner for a term to exr~ire October 27, 1 or the end of the appointee's service as Council Member, whichever is first. 1 Motion carried 5-0. Council Meeting Minutes -7- October 24, 1988 Item #11A CONSIDERATION OF A POSTPONEMENT OF WALSER CORPORATION BILLBOARD DEMOLITION. Council Member Ludeman requested a review of the demolition of the billboard at Walser's which was acted upon by the Council at a previous meeting. He favors putting a hold on the Walser billboard demolition. There was general discussion concerning the City's legal basis for requiring the Walser Corporation to remove the billboard and of the importance of maintaining policy decisions. M/Ludeman to suspend action to demolish the Walser billboard. Motion failed for lack of a second. Item #12 CORRESPONDENCE/LEGISLATIVE REPORT Council Member Garcia stated that Council Member Sandahl received a copy of a letter from Minneapolis Council Member Cramer which will be distributed to Council Members for discussion at a later date. City Manager Prosser stated that Steve's Auto Detailing was the business alluded to earlier in this evening's meeting and had not complied with the previously agreed upon approval plan. The issue comes down to two trees which staff feel are necessary for the plan. Item #13 COUNCIL DISCUSSION ITEMS None Item #14 CLAIMS AND PAYROLLS M/Sandahl, S/Ludeman that the following claims and payrolls be approved: Council Meeting Minutes -8- October 24, 1988 RICHFIELD STATE BANK Checks 10641-10698, 99364-99628 $795,694.85 FIRST MINNESOTA Check 1078 ~ 20,000.00 FIRST WESTERN BANK Checks 4583-4604 $591,371.06 Checks 19440-19473, 19480-19842 Payroll $314,801.45 Motion carried 5-0. ADJOORNMENT n ~. Mayor ~~~~ D. Prosser Manager 1 The meeting was adjourned at 7:59 p.m. Date Approved: 11/14/88 _ ~~'G~'