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01-23-1989CITY OF RICHFIELD, MINNESOTA REGULAR CITY COUNCIL MEETING January 23, 1989 MEMBERS PRESENT: Steven Quam, Mayor; Ivan Ludeman; Michael Sandahl; and Martin Kirsch. COUNCIL MEMBERS ABSENT: Edwina Garcia 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; John Erskine, Public Safety Director; William Fillmore, Liquor. Operations Director; and William Rollick, Investigator/Agent. 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/Sandahl, S/Kirsch to approve the minutes of the Special City Council Meeting~of January 3, 1989; the Special School Board/City Council Meeting of January 9, 1989; and the regular City Council Meeting of January 9, 1989. Motion carried 4-O. Item #1 PRESENTATION OF STUDENT LEADERSHIP AWARDS TO SANDRA GOEBEL, COLLEEN HENDRICKS, RON SCHOOMAKER, AMY MATTHEWS, KELLY SHEEHAN AND PHILLIP O'KONSKI. C.L. NO. 15 Mayor Quam reviewed Council Letter No. 15 regarding the Youth Leadership Award program. Council Meeting Minutes -2- January 23, 1989 M/Quam, S/Sandahl to nominate Sandra Goebel, Colleen Hendricks. Ron Schoonmaker, Amy Matthews, Kelly Sheehan, and Phillip O'Konski to receive Youth Leadership Awards. Motion carried 4-0. Mayor Quam introduced Sandra Goebel, Colleen Hendricks, and Ron Schoonmaker, .from Richfield High School, and Amy Matthews, Kelly Sheehan and Phillip O'Konski from the Academy of the Holy Angels and presented each with youth Leadership Award Certificates. Item #2 PRESENTATION OF FREE ENTERPRISE PROCLAMATION TO RICHFIELD HIGH SCHOOL DECA STUDENTS ERIC COMMINGS AND KATHI MATTHES. C.L. N0. 16 Mayor Quam reviewed Council Letter No. 16 regarding a request that the City Council issue a proclamation in support of free enterprise. M/Quam, S/Ludeman to approve the presentation of a proclamation in support of free enterprise to DECA students Eric Cummings and Kathi Matthes. Motion carried 4-O. Eric Cummings reviewed the activities of DECA and their free enterprise project. Kathi Matthes reviewed free enterprise concepts and the competitive market system. Item #3 OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON ANY ITEM NOT LISTED ON THE AGENDA. No one wished to address the council. Item #4 COUNCIL APPROVAL OF AGENDA Mayor Quam requested that the agenda be amended by removing Item #5B from the Consent Calendar and putting it on the regular agenda as Item #9A. Council Meeting Minutes -3- January 23, 1989 M/Quam, S/Ludeman to amend the agenda by removing Item #5B from the Consent Calendar and placing it on the agenda as Item 9A. Motion carried 4-0. M/Quam, S/Ludeman to agorove the agenda as amended. Motion carried 4-0. Item #5 CONSENT CALENDAR A. APPROVED PURCHASE OF NINE LIGHT TRUCKS; EIGHT FOR CITY MAINTENANCE OPERATIONS, AND ONE FOR PUBLIC SAFETY USE. C.L. 17 B. REMOVED FROM CONSENT CALENDAR AND CONSIDERED AS ITEM #9A. C. APPROVED RENEWALS OF RETAIL OFF-SALE NON-INTOXICATING MALT LIQUOR LICENSES FOR: COUNTRY CLUB MARKET, 6528 PENN AVENUE; FOOD-N-FUEL, 6300 LYNDALE; HAUSERS IGA, 6530 PILLSBURY AVENUE; KAYO OIL COMPANY, 6744 PENN AVENUE AND 7700 LYNDALE; PDQ 607 EAST 77TH.STREET; AND 7701 PORTLAND AVENUE; PHILLIPS 66, 7744 12TH AVENUE; SUPERAMERICA STATIONS, 7500 LYNDALE AVENUE, 7720 NICOLLET AVENUE; 826 WEST 66TH STREET; 2913 WEST 66TH STREET; TOM THUMB, 7600 KNOX AVENUE AND 7513 LYNDALE AVENUE; WALGREEN, 12 WEST 66TH STREET; 7-11 FOOD STORES, 6849 NICOLLET AVENUE. D. APPROVED RENEWAL OF TAXICAB LICENSES FOR SUBURBAN TAXI CORP. (100 VEHICLES); AND TOWN TAXI CO., (15 VEHICLES) M/Ludeman, S/Quam to aporove the consent calendar as amended. Motion carried 4-0. Item #6 PUBLIC HEARING RELATING TO THE RENEWAL OF 1989 RESTAURANT LICENSES FOR CHAMPPS OF RICHFIELD, 790 WEST 66TH STREET. C.L. NO. 19 City Manager Prosser reviewed Council Letter No. 19 regarding the renewal application for a 1989 restaurant license for Champps of Richfield, 790 West 66th Street. ~~ Public Safety Director Erskine reviewed the issues raised at the Champps liquor license hearing and the steps taken by owner Dean Vlahos to address these issues. Council Meeting Minutes -4- January 23, 1989 City Manager Prosser reviewed the specific authority of the City Council regarding this license. He stated it is incumbent upon the owner to demonstrate that reasonable actions in complying with City ordinances. He stated city staff is closely monitoring Champps and will provide reports to the City Council. Council Member Sandahl read a letter into the record (Clerks File #C-302) in response to Mr. and Mrs. James Bailey related to their concerns about Champps. Dean Vlahos, 4916 Rolling Green Parkway, owner of Champps, reviewed issues relating to parking, restrooms, truck traffic,, hood vent cleaning, security, and trash. He reviewed his efforts to address the concerns of nearby residents and the City. Council Member Ludeman expressed concern that the disturbance to residents be corrected and asked about the number of security people on duty. Dean Vlahos stated there are 2 security people for the parking area everyday, one employed by Champps and one employed by Market Plaza. James Bailey, 6500 Woodlake Drive #309, presented the signatures of 72 residents (Clerks File #C-303) of Woodlake Point Condominiums agreeing with the contents of the Bailey's letter sent to the City Council regarding concerns about Champp's operation and it's proximity to Woodlake Point. John Hamilton, 7220 Harriet Avenue, President of the Richfield Chamber of Commerce, spoke in support of the license renewal. John Kenealey, 6400 Blaisdell Avenue, executive secretary of the Richfield Chamber, spoke in support of the license renewal. Bill Chapman, owner of the Security Company employed by Champps, reviewed security operations. Mrs. Eckstein, 6500 Woodlake Drive, expressed concern that the City allowed Champps to locate at Market Plaza where there was inadequate parking and about the impact of Champps on Woodlake Point. Mayor Quam stated that the City uses national average guidelines in determining recommended parking spaces for particular types of business. City Manager Prosser stated that the landlords of property also have a responsibility to use good judgement in tenant mix regarding parking. Council Member Ludeman stated it was important to enforce standards and correct the problems at Champps. He stated that the restaurant was not so much the problem but the liquor caused problems. Council Meeting Minutes -5- January 23, 1989 Council Member Sandahl stated that if Champps is not responsive, this matter can again be brought to the council for action. Council Member Kirsch asked the City Manager to review the conditions imposed by the City Council Resolution for liquor licensees. City Manager Prosser reviewed the contents of Resolution No. 7380 specifying certain improper conduct of on-sale intoxicating liquor licensees and recommended discipline. Mayor Quam stated that the hearing was a good process and that serious responses to the problems were a result. M/Ludeman, S/Sandahl to close the public hearing. Motion carried 4-0. M/Sandahl, S/Quam to approve the 1989 renewal restaurant license of Champps of Richfield located at 790 West 66th Street. Motion carried 4-0. Item #7 PUBLIC HEARING RELATING TO THE RENEWAL OF 1989 RESTAURANT LICENSES FOR CHI-CHI'S MEXICAN RESTAURANTE, 7717 NICOLLET AVENUE. C.L. NO. 20 Public Safety Director Erskine reviewed Council Letter No. 20 regarding the renewal application for a 1989 restaurant license for Chi-Chi's Mexican Restaurante located at 7717 Nicollet Avenue South. Bruce Goode, Regional Manager of Consul Corporation, stated that steps have been taken to address the trash and dumpster issues reported by City staff. Gary Kannenberg, General Manager of Chi-Chi's, reviewed the restaurants efforts in obtaining a self closing dumpster, recycling, and better monitoring of the trash area. He also stated a meeting had been held with adjacent residential property owners to better respond to their concerns. John Hamilton, 7220 Harriet Avenue, President of the Richfield Chamber of Commerce, spoke in support of the license renewal. John Kenealey, 6400 Blaisdell Avenue, Executive Secretary of the Richfield Chamber of Commerce, spoke in support of the license renewal. John Gieske, 7644 1st Avenue, stated that Chi-Chi's had showed some improvement in addressing the trash problems, but that the dumpster had been open this evening. Council Meeting Minutes -6- January 23, 1989 Council Member Ludeman stated his concern that the restaurant respond promptly to correct problems and that the City monitor the situation. City Manager Prosser stated that City staff would provide weekly reports to the council for 3 months and monthly thereafter regarding the issues related to this license. M/Kirsch, S/Sandahl to close the public hearing. Motion carried 4-0. M/Sandahl, S/Kirsch to approve the 1989 renewal restaurant license of Consul Restaurant Corporation, d/b/a Chi-Chi's Mexican Restaurante. located at 7717 Nicollet Avenue with the following stipulation• - Weekly unannounced inspections will be conducted by city staff of the dumpster enclosure and the surrounding area for up to six months. Chi-Chi's management will be present at each inspection, so that any violations can be pointed out and corrected within a 24 hour period. - Failure to correct all violations within a 24 hour period would result in a fine of up to $1000.00 for the first two offenses and a suspension of the restaurant license for up to one week for the third offense within the six month inspection period. This stipulation does not preclude the issuance of citations for violations of any ordinance code pertaining to this matter. Motion carried 4-0. Item #8 CONSIDERATION OF A RESOLUTION APPROVING THE WITHDRAWAL OF THE CITY OF RICHFIELD FROM THE MINNESOTA POLICE RECRUITMENT SYSTEM. C.L. NO. 21 City Manager Prosser reviewed Council Letter No. 21 regarding a proposal to withdraw from the Minnesota Police Recruitment System and to begin in-house police officer selection process. Council Member Ludeman asked about the types of standards for applicants. City Manager Prosser reviewed the State, Civil Service Commission, and Personnel Decision, Inc. (PDI) process elements. Council Meeting Minutes ~ -7- January 23, 1989 M/Ludeman, S/Sandahl that the following resolution be adopted: that it be spread in the resolution book and that it be made part of these minutes: RESOLUTION N0. 7499 RESOLUTION WITHDRAWING PARTICIPATION BY THE CITY OF RICHFIELD FROM THE MINNESOTA POLICE RECRUITMENT SYSTEM (MPRS) Motion carried 4-0. This resolution appears as Resolution No. 7499 in Resolution Book No. 57. Item #9 CONSIDERATION OF RESOLUTION APPROVING THE 1988-1989 LABOR CONTRACT WITH THE RICHFIELD POLICE. OFFICERS FEDERATION. C.L. N0. 22 City Manager Prosser reviewed Council Letter No. 22 recommending adoption of a resolution to approve the Labor Agreement with the Richfield Police Officers Federation and to authorize the City Manager to seek legislative andJor legal clarification of the relationship between the Pay Equity Act and the Public Employees Labor Relations Act. M/Ludeman, 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. 7500 RESOLUTION APPROVING LABOR AGREEMENT BETWEEN THE CITY OF RICHFIELD AND THE RICHFIELD POLICE OFFICERS FEDERATION BARGAINING UNIT FOR THE YEARS 1988 AND 1989 Motion carried 4-0. This resolution appears as Resolution No. 7500 in Resolution Book No. 57. Item #9A APPROVAL OF AGREEMENT BETWEEN THE CITY OF RICHFIELD AND INDEPENDENT SCHOOL DISTRICT NO. 280 REGARDING USE OF VOTING EQUIPMENT. C.L. NO. 18 City Manager Prosser reviewed Council Letter No. 18 regarding execution of an agreement between the City of Richfield and Independent School District No. 280 for the use of the City's Optical Scan voting equipment for School District Elections. Council Meeting Minutes -8- January 23, 1989 Mayor Quam stated that he felt that the School District had received unnecessary criticism regarding the cost of the referendum election. Therefore, to show support for the referendum he suggested that the City Council waive the charging of city personnel and city equipment costs to the School District related to the January 31, 1989 referendum. M/Quam, S/Kirsch to authorize the Mayor and City Manager to execute the agreement between the City of Richfield and Independent School District No. 280 for the use of the City's ~tical scan voting equipment; and. that the City waive the charging of City personnel and City equipment costs to the School District relayed to the January 31. 198.9 School District #280 Levy Referend Motion carried 4-0. Item #10 COUNCIL CONFIRMATION OF DATE FOR 1989 LOCAL BOARD OF REVIEW. C.L: NO. 23 City Manager Prosser reviewed Council Letter No. 23 regarding the selection of Monday, May 1, 1989 at 7:00 p.m. as the date of the Local Board of Review Meeting. M/Ludeman, S/Sandahl to confirm the County Assessor's selection of Monday, May 1, 1989 at 7:00 p.m. for the Local Board of Review. Motion carried 4-0. Item #11 CORRESPONDENCE/LEGISLATIVE REPORT Mayor Quam reviewed the actions taken at the January 23 Metropolitan Airports Commission Meeting. He stated that MAC will assess the need and feasibility of additional runways by the end of 1990. ' Item #12 COUNCIL DISCUSSION ITEMS Council discussion was held regarding the cancellation of the scheduled January 27 City Council Goal Setting Meeting because Council Member Garcia would not be able to attend. The meeting was rescheduled to February 21, 1989. Council Meeting Minutes Item X13 CLAIMS AND PAYROLLS M/Ludeman, S/Sandahl that the following claims and payrolls be approved: RICHFIELD STATE BANK Checks 10995-11061; 101347-101550 S 717,996.22 FIRST WESTERN BANK Checks 4747-4767 $ 700,574.61 Checks 22175-22201; 22205-22553 Payroll $ 317,764.88 Motion carried 4-0. 1 III ADJOURNMENT ' -9- January 23, 1989 The meeting was adjourned by unanimous consent a~ 9_:05 p.m. Date Approved: 2/13/89 .7FG V G11 ~~ ~j, ti 0111 i'f0~ Vi a 1 J s D. Pros er Manager Thomas P. Ferber City Clerk