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08-14-1989CITY OF RICHFIELD, MINNESOTA REGULAR CITY COUNCIL MEETING August 14, 1989 MEMBERS PRESENT: Steven Quam, Mayor; Edwina Garcia; Ivan Ludeman; Martin Kirsch; and Michael Sandahl. 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; Jack Erskine, Public Safety Director; William Fillmore, Liquor Operations Director; Melanie Ault, Administrative Aide; and John Dean, City Attorney. 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/Sandahl to approve the minutes of the regular City Council Meeting of July 24, 1989; the minutes of the continued July 24, 1989 City Council Meeting of July 31. 1989; and the minutes of the Special City Council Meeting of July 31, 1989. Motion carried 5-0. Item #1 OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON ANY ITEM NOT LISTED ON THE AGENDA. Mayor Quam reviewed the complimentary report he received from the manager of TCBY Yogurt regarding the Youth Employment Service (Y.E.S.) and Bev Reid. He also reported the compliment received regarding the actions of Officer Shawn Maloney in responding to an emergency. Council Member Garcia reviewed the National Night Out activities and urged citizen participation in the Neighborhood Crime Watch Program. Council Meeting Minutes -2- August 14, 1989 Item #2 COUNCIL APPROVAL OF AGENDA Council Member Ludeman requested that an item be added to the agenda for discussion and action on eliminating further consideration of any college student/firefighter program as an option to improve call back response times. Discussion followed regarding if it would be appropriate to take action on an item added to the agenda. Mayor Quam amended the agenda to add 15A. Discussion of Fire Response Capability Options. M/Ludeman, S/Sandahl to approve the agenda as amended. Motion carried 5-0. It2~ N3 C®3d5~?T CALE3tiDAP Council Member Ludeman stated that Consent Calendar Item #3D. should be amended so that the address reads 6945 Nicollet Avenue. A. APPROVED PURCHASE IN EXCESS OF $5,000 FROM CLEAN-FLO. LABORATORIES FOR AERATION SYSTEM FOR MOTHERS LAKE IN TAFT PARK IN THE AMOUNT OF $11,210.80. C.L. NO. 181 B. APPROVED AUTHORIZATION FOR THE PUBLIC SAFETY DEPARTMENT TO ENTER INTO A LICENSING AGREEMENT WITH GEOBASED SYSTEMS FOR COMPUTER SOFTWARE. C.L. NO. 182 C. APPROVED AWARD OF CONTRACT AND RESOLUTION FOR COMPUTER HARDWARE, SOFTWARE AND TECHNICAL SUPPORT SERVICES TO BELL ATLANTIC DATA 3. C.L. NO. 183. RESOLUTION NO. 7533 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR COMPUTER HARDWARE, SOFTWARE AND RELATED SERVICES This Resolution appears as Resolution No. 7533 in Resolution Book No. 59. D. APPROVED OFF SALE NON-INTOXICATING MALT LIQUOR LICENSE (NEW) FOR SUPERAMERICA STATION, 6945 NICOLLET AVENUE. E. APPROVED ESTIMATE N0. 2, BARBER CONSTRUCTION CO., INC. C.P.8022 ASPHALT VMPR/RAGC - $120,727.78 Council Meeting Minutes -3- August 14, 1989 F. APPROVED FINAL PAYMENT FOR AHA FIRE & LIFE SAFETY RENOVATIONS FOR ACADEMY OF THE HOLY ANGELS - 5846.00 G. APPROVED FINAL PAYMENT FOR AHA PHASE II-LIFE & FIRE SAFETY FOR ACADEMY OF THE HOLY ANGELS - $1,162.32 M/Sandahl, S/Ludeman to approve the consent calendar as amended. Motion carried 5-0. Item #4 PUBLIC HEARING TO ADOPT THE SPECIAL ASSESSMENT ROLL FOR CITY PROJECT NO. 840, 1988 LYNDALE/HUH/NICOLLET (LHN) MAINTENANCE FOR THE PERIOD JANUARY 1, 1988 THROUGH DECEMBER 31, 1988. C.L. N0. 184 City Manager Prosser reviewed Council Letter No. 184 recommending the adoption of the special assessment roll for City Project No. 840, 1988 Lyndale/Hub/Nicollet (LHN) maintenance for the period of January 1, 1988 through December 31, 1988. M/Sandahl, S/Ludeman to close the Dublic hearing. Motion carried 5-0. M/Sandahl, S/Quam that the following resolution be adopted; that it be spread in the resolution book and that it be made Hart of these minutes: RESOLUTION NO. 7534 RESOLUTION ADOPTING ASSESSMENT ON CITY PROJECT NO. 840 L/H/N MAINTENANCE FOR THE PERIOD JANUARY 1 - DECEMBER 31, 1988 Motion carried 5-0. This resolution appears as Resolution No. 7534 in Resolution Book No. 57. Item #5 PUBLIC HEARING TO CONSIDER SPECIALLY ASSESSING THE LYNDALE/HUB/NICOLLET (LHN) AREA FOR CURRENT MAINTENANCE SERVICES FOR THE PERIOD JANUARY 1 THROUGH DECEMBER 31, 1990 - CITY PROJECT NO. 853. C.L. NO. 185 City Manager Prosser reviewed Council Letter No. 185 recommending adoption of a resolution ordering the special assessment of the Lyndale/Hub/Nicollet (LHN) area for maintenance services for the period of January 1 through December 31, 1990, City Project No. 853. Council Meeting Minutes -4- August 14, 1989 M/Sandahl, S/Ludeman to close the public hearing. Motion carried 5-0. M/Sandahl, S/Quam 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. 7535 RESOLUTION ORDERING UNDERTAKING OF CURRENT SERVICE PROJECT LYNDALE/HUB/NICOLLET (LHN) MAINTENANCE JANUARY 1 THROUGH DECEMBER 31, 1990 Motion carried 5-0. This resolution appears as Resolution No. 7535 in Resolution Book No. 5'~. Item #6 PUBLIC HEARING TO ADOPT THE SPECIAL ASSESSMENT ROLL FOR CITY PROJECT NO. 841, 1988 ALLEY MAINTENANCE FOR THE PERIOD JANUARY 1, 1988 THROUGH DECEMBER 31, 1988. C. Y,. s~®. iC~ City Manager Prosser reviewed Council Letter No. 186 recommending the adoption of the special assessment roll for City Project No. 841, 1988 Alley Maintenance for the period January 1, 1988 through December 31, 1988. Anna Kiehne, 7414 Nicollet Avenue, asked for further information regarding her alley assessment. City Manager Prosser directed her to meet with Operations Coordinator Hughes to review the assessment for this property. M/Sandahl, S/Ludeman to close the public hearing,. Motion carried 5-0. M/Sandahl, S/Quam 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. 7536 RESOLUTION ADOPTING ASSESSMENT ON CITY PROJECT NO. 841 ALLEY MAINTENANCE FOR THE PERIOD JANUARY 1 - DECEMBER 31, 1988 Motion carried 5-0. This resolution appears as Resolution No. 7536 in Resolution Book No. 5a. Council Meeting Minutes -5- August 14, 1989 Item #7 PUBLIC HEARING TO CONSIDER SPECIALLY ASSESSING CURRENT MAINTENANCE SERVICES FOR CITY ALLEYS FOR THE PERIOD JANUARY 1 THROUGH DECEMBER 31, 1990, CITY PROJECT~NO. 852. C.L. NO. 187 City Manager Prosser reviewed Council Letter No. 187 recommending adoption of a resolution ordering the special assessment of maintenance services for alleys for the period of January 1, 1990 through December 31, 1990, City Project No. 852. M/Sandahl, S/Ludeman to close the public hearing. Motion carried 5-0. M/Sandahl, S/Quam 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. 7537 RESOLUTION ORDERING THE UNDERTAKING OF CURRENT SERVICES PROJECT FOR ALLEY MAINTENANCE .._. JANUARY 1, 1990 THROUGH DECEMBER 31, 1990 CITY PROJECT NO. 852 Motion carried 5-0. This resolution appears as Resolution No. 7537 in Resolution Book No. 5'~. Item #8 PUHLIC HEARING TO ADOPT THE SPECIAL ASSESSMENT ROLL FOR CITY PROJECT NO. 842, 1988 INTERSTATE/LYNDALE/NICOLLET (ILN) MAINTENANCE, FOR THE PERIOD JANUARY 1 THROUGH DECEMBER 31, 1988. C.L. NO. 188 City Manager Prosser reviewed Council Letter No. 188 recommending the adoption of the special assessment roll for City Project No. 842, 1988 Interstate/Lyndale/Nicollet (ILN) maintenance services for the period January 1, 1988 through December 31, 1988. M/Sandahl, S/Ludeman to close the public hearing. Motion carried 5-0. Council Meeting Minutes -6- August 14, 1989 M/Sandahl, S/Quam 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. 7538 RESOLUTION ADOPTING ASSESSMENT ON CITY PROJECT N0. 842 ILN MAINTENANCE FOR THE PERIOD JANUARY 1 - DECEMBER 31, 1988 Motion carried 5-0. This resolution appears as Resolution No. 7538 in Resolution Book No. 5~. Item #9 PUBLIC HEARING TO CONSIDER SPECIALLY ASSESSING THE INTERSTATE/LYNDALE/NICOLLET (ILN) AREA FOR CURRENT MAINTENANCE SERVICES FOR THE PERIOD JANUARY 1 THROUGH DECEMBER 31, 1990 - CITY PROJECT NO. 854. C.L. NO. 189 City Manager Prosser reviewed Council Letter No. 189 recommending the special assessment of the Interstate/Lyndale/Nicollet (ILN) area for maintenance services for the period January 1, 1990 through December 31, 1990, City Project No. 854. M/Sandahl, S/Ludeman to close the public hearing. Motion carried 5-0. M/Sandahl,.S/Quam 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. 7539 RESOLUTION ORDERING THE UNDERTAKING OF CURRENT SERVICE PROJECT FOR INTERSTATE/LYNDALE/NICOLLET (ILN) MAINTENANCE JANUARY 1, 1990 THROUGH DECEMBER 31, 1990 CITY PROJECT NO. 854 Motion carried 5-0. This resolution appears as Resolution No. 7539 in Resolution Book No. 57. Item #10 PRESENTATION OF THE~CITY OF RICHFIELD COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) FOR FISCAL YEAR ENDED DECEMBER 31, 1988. C.L. NO. 190 City Manager Prosser reviewed Council Letter No. 190 regarding the City of Richfield Comprehensive Annual Financial Report for the fiscal year ending December 31, 1988. He stated a copy of the report is available for public review at city hall. Council Meeting Minutes -7- August 14, 1989 M/Sandahl, S/Ludeman to receive and accept the City of Richfield Comprehensive Annual Financial Report for the year ending December 31, 1988. Motion carried 5-0. Item #11 RECERTIFICATION OF THE CITY'S 1990 PROPOSED PROPERTY TAX LEVY AND BUDGET. C.L. NO. 191 City Manager Prosser reviewed Council Letter No. 191 regarding recertification of the City's 1990 proposed property tax levy and budget. Council Member Ludeman raised concerns that the budget increase was 6$ and stated that he favored an increase closer to 4.0$ - 4.5$. City Manager Prosser reviewed the program additions and indicated that these programs each provided direct reimbursements in offsetting revenues. He stated that when these programs are factored out, the actual budget increase is 4$. He stated staff reductions would be necessary to further reduce the proposed budget. He indicated he would provide further information to the council regarding the budget and stated budget hearings would be conducted this fall. M/Sandahl, S/Ludeman that the following resolution be adogted; that it be spread in the resolution book and that it be made part'of these minutes: RESOLUTION NO. 7540 RESOLUTION ADOPTING A BUDGET FOR THE YEAR 1990 AND LEVYING TAXES Motion carried 5-0. This resolution appears as Resolution No. 7540 in Resolution Book No. 57. Item #12 CONSIDERATION OF REQUEST FOR OFFSTREET PARKING PERMIT FOR RICHFIELD MITSUBITSHI, 920 W. 78TH STREET. C.L. N0. 192 City applicant requested additional Manager Prosser stated that city staff and the had not yet resolved a mayor landscape issue and that this item be continued to August 28 to provide time to resolve this issue. Council Meeting Minutes -8- August 14, 1989 Council Member Ludeman stated concern that requiring landscaping improvements to the site did not make economic sense because it is likely that the site will be redeveloped in the near future. He also supported allowing the car dealer to use the adjacent car wash site. City Manager Prosser stated that it was important to maintain the ability to require the landscaping improvements if redevelopment does not occur. John Keane, Leonard, Street, and Denard, attorney for property owner Terry Feldmann, indicated support for the continuance. M/Kirsch, S/Quam to_continue consideration of the offstreet parking permit application of Richfield Mitsubishi for 920 West 78th Street to the August 28, 1989 City Council Meeting. Motion carried 5-0. Item #13 CONSIDERATION OF APPLICATION FOR A PERMANENT NEW AND ~a~E~ M®T®~a dE&Ea~~E DEP~LER a~I~~~t~~ F®aa ~al~~a~aEa~~ M®~®~a~, INC. DHA RICHFIELD MITSUBISHI, 920 W. 78TH STREET, FOR 1989 C.L. NO. 193. City Manager Prosser recommended that this item be continued to August 28, 1989 for consideration after council action on the offstreet parking permit. M/Sandahl, S/Garcia to continue consideration of the application of Richfield Motors, Inc. DBA Richfield Mitsubishi for a permanent 1989 new and used motor vehicle dealer license at 920 West 78th Street. to the AucLUSt_28, 1989 Citv Council Meeting Motion carried 5-0. Item #14 CONSIDERATION OF REQUEST FOR OFFSTREET PARKING PERMIT FOR PC EXPRESS, 1420 EAST 78TH STREET. C.L. NO. 194 City Manager Prosser reviewed Council Letter No. 194 regarding a request by P.C. Express, Inc. for an offstreet parking permit at 1420 East 78th Street. Council Meeting Minutes -9- August 14, 1989 A.G. Bogen, owner of the property, indicated that he thought the 78th Street curb cut was 26 feet. He stated concern about the cost of moving a pylon sign if the curb cut had to be widened and about how much longer 78th Street would be open. -City tanager Prosser stated that if the curb cut is 26 feet it meets the requirement; however, if it is not 26 feet the City Manager stated the stipulation be amended to state that the City will consult with the State to determine if a change is appropriate. Discussion followed regarding the construction of a curb cut for access to 77th Street that would only be opened if the 77th Street Plan improvements are built. City Attorney Dean drafted a stipulation to reflect the council's direction regarding this issue. Richard Novak, 7632 Bloomington Avenue, stated that he opposed allowing any access from 77th Street until the 77th Street improvements are completed. M/Sandahl, S/Kirsch to agprove the offstreet parking permit for P.C Express, Inc. at 1420 East 78th Street with the following stipulations: 1. That if the existing 78th Street curb cut is not-at least 26 feet wide, the City will consult with the State to determine if a change is appropriate. 2. The applicant has expressed a desire to construct a curb cut from the property to 77th Street. The 77th Street Plan suggests that the access to the property from 78th Street will eventually be closed and access reoriented to the north. The City does not object to applicants construction of a curb cut on 77th Street as long as such construction and this off street parking permit is subject to the following conditions: A. Such curb cut if constructed may not be opened so as to permit access to or from the property on 77th Street. B. The City makes no representation concerning whether or not it will at any time authorize the opening of such curb cut. 3. That plantings be added on the east and west corners of the south parking lot where there is currently no landscaping. Motion carried 5-0. Council Meeting Minutes -10- August 14, 1989 Item #15 CONSIDERATION OF A PROPOSAL TO SURVEY NEW FORDTOWN AND RICH ACRES RESIDENTS. C.L. NO. 195 City Manager Prosser reviewed Council Letter No. 195 regarding authorization for the conduct of a proposed survey of New Fordtown and Rich Acres areas by Decision Resources Ltd. M/Sandahl, S/Ludeman to authorize a survey of New Foxdtown and Rich Acres residents by Decision Resources Ltd., at a cost including postage, of approximately 52,000. Motion carried 5-0. Item #15A DISCUSSION OF FIRE RESPONSE CAPABILITY OPTIONS Council Member Ludeman stated that he felt the college student/firefighter option was not a viable option for Richfield to improve fire response capability and that he wanted to stop any further study of such an option. City Manager Prosser reviewed the issues related to callback response and options to address these issues. He stressed that the college student/firefighter option would be a supplement to the existing professional full time firefighter force. He indicated that negotiations were being held with the firefighters union and that is was important to have all options open and not be precluded from exploring all options to find the best plan to serve the needs of the community. He stated that the issue was a management/labor issue. Council Member Garcia expressed concern that the council should not take action without having all the information and options on which to base the decision. Council Member Sandahl stated concern that considering an option like the college student/firefighter option may be interpreted by the community as moving toward a volunteer firefighter force. He stated it would give a public policy message that this is not the case if this option is eliminated. Mayor Quam stated his concern that this could preclude further deliberation regarding options and interfere in a management/labor negotiation process. City Manager Prosser stated his concern that this would inhibit management/labor negotiation regarding options. Council Meeting Minutes -11- August 14, 1989 M/Ludeman, S/Kirsch that the college student firefighter program and any other volunteer fire department program proposal become a dead issue until further consideration if it's ever brought up amain to this council. Motion carried 3-2. (Quam, Garcia opposed) Item #16 LEGISLATIVE REPORT Mayor Quam reviewed his discussion with Minnesota Department of Transportation Commissioner Len Levine regarding involvement of cities in the 135W decision process. Item #17 COUNCIL DISCUSSION ITEMS Council Member Garcia reviewed a resident's concern about the increased construction traffic on 12th Avenue. City Manager Prosser reviewed the reasons for the use of 12th Avenue during the construction occurring at 1494 and Highway 77. Community Services Director Fondrick stated that the city staff had contacted the contractor regarding speed and noise issues. He indicated the construction would be completed in 3-4 weeks. Item #18 CLAIMS AND PAYROLLS M/Ludeman, S/Sandahl that the following claims and payrolls be approved: RICHFIELD STATE BANK Checks 11770-11831; 104983-105411 $1,298,602.17 FIRST MINNESOTA Check 1094 $ 20,000.00 FIRST WESTERN BANK Checks 5071-5110 $5,043,888.33 Checks 26191-26225; 28456-28922 Payroll $ 360,058.82 Motion carried 5-0. Council Meeting Minutes -12- August 14, 1989 ADJOURNMENT The meeting was adjourned by unanimous conse at 8: p,..mr" Date Approved: g~~gg t n J. am Mayor ~ 7~~t~Yi-c./.B<~ Thomas P. Ferber J e D. Prosser City Clerk it Manager 1