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05-14-1990CITY OF RICHFIELD, MINNESOTA REGULAR CITY COUNCIL MEETING May 14, 1990 MEMBERS PRESENT: Steven Quam, Mayor; Edwina Garcia; Ivan Ludeman; and Martin Kirsch. MEMBERS ABSENT: 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; and John Dean, City Attorney. The meeting was called to order by Mayor Quam at 7:05 p.m. PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE Mayor Quam led the audience in the Pledge of Allegiance. APPROVAL OF MINUTES M/Garcia, S/Kirsch to aporove the minutes of the regular City Council Meeting of Aril 23 ~ 1990; the minutes of the special Council Meeting of April 23, 1990 at 6:15 p.m.; the minutes of the Special Council Meeting of April 23, 1990 at 6:45 p.m.; the minutes of the 1990 Board of Review Meeting of A~aril 30, 1990; the minutes of the Joint Council/BRA Meeting of May 2, X90; the minutes of the Council Study Session of May 7, 1990; and the minutes of the Reconvened 1990 Board of Review Meeting of May 7, 1990. Motion carried 4-0. Item #1 PRESENTATION OF GENE JACOHSEN CITIZEN OF THE YEAR AWARD TO JOHN HAMILTON. C.L. NO. 120 Jean Fox, Chairperson of the Richfield Human Rights Commission, made the presentation of the "Gene Jacobsen Citizen of the Year" award to John Hamilton for his commitment to the community, and his actions which demonstrate an awareness and commitment to attitudes and practices that foster human understanding, tolerance and the spirit of human relations. John Hamilton introduced Mary Jacobsen, wife of the late Gene Jacobsen for whom the award is named. Council Meeting Minutes -2- May 14, 1990 Item #Z PRESENTATION BY HENNEPIN COUNTY COMMISSIONER RANDY JOHNSON OF FINAL PAYMENT FROM HENNEPIN COUNTY FOR 1989 RECYCLING AND COMPOSTING EXPENSES. C.L. NO. 1Z1 Commissioner Johnson was not present to make this presentation. Item #3 PRESENTATION TO POLICE CAPTAIN RONALD RICHARDSON. Mayor Quam read and presented a Certificate of Appreciation to retiring Police Captain Ronald Richardson. commending him for his 27 years of service to the Richfield Community. Item #4 PRESENTATION TO THE FAMILY OF GEORGE ANNAS, THE CITY'S LATE ELECTRICAL INSPECTOR. Public Safety Director Erskine recognized the contribution of the work of the late George Annas as Electrical Inspector for Richfield. Mayor Quam read and presented a plaque in recognition of George Annas to his daughter and son-in-law. Item #5 OPPORTUNITY FOR PERSONS TO ADDRESS THE COUNCIL ON ITEMS NOT LISTED ON THE AGENDA. Lawrence Wozniczka, 6744 Wentworth Avenue, questioned the information mailed out regarding the Park and Recreation Bond Referendum. He stated concerns regarding the costs for each household, and asked that the city council hold a public hearing about the Hond Referendum. City Manager Prosser stated the mailings were informational brochures approved by the City Attorney and that the financial information was provided by the bond consultant firm of Evenson Dodge. Council Member Ludeman stated that the bond referendum if approved would put a large burden on apartments and commercial property. Council Meeting Minutes -3- May 14, 1990 Michael Doleman, 6824 Queen Avenue, stated concerns about the HRA voluntary acquisition program. He stated that the appraisal of his property was approximately $38,000 and the assessors market value was approximately $47,000. He disputed the difference between the two figures and presented a petition to the council regarding the voluntary acquisition program. City Manager Prosser reviewed the issues related to assessed market values. He stated that the HRA will not be purchasing Mr. Doleman's property. Council Member Ludeman discussed the Board of Review process and suggested Mr. Doleman meet with the City Manager to work out the discrepancy. Item #6 COUNCIL APPROVAL OF AGENDA M/Ludeman, S/Garcia to approve the agenda. Motion carried 4-0. 1 Item #7 CONSENT CALENDAR Council Member Ludeman requested that Consent Calendar Item No. 7A Consideration of Award of Contract to Earl F. Anderson and Associates, Inc. for a Floating Boardwalk System at Veteran Memorial Park of Richfield in the amount of $80,487.43, be removed from the Consent Calendar and placed on the regular agenda. Mayor Quam stated Consent calendar Item No. 7A Consideration of Award of Contract to Earl F. Anderson and Associates, Inc. for a Floating Boardwalk System at Veteran Memorial Park of Richfield in the amount of $80,487.43, would be placed on the regular agenda as Item No. 16A. A. Removed from the Consent Calendar and placed on the regular agenda as Item No. 16A. [:'~ Council Meeting Minutes -4- May 14, 1990 B. APPROVED RESOLUTION TO ENTER INTO CONTRACTS WITH RESIDENTIAL WASTE HAULERS FOR COLLECTION OF RECYCLABLES IN 1990. C.L. NO. 123 RESOLUTION N0. 7620 RESOLUTION APPROVING RECYCLING AGREEMENTS WITH RESIDENTIAL WASTE HAULERS This Resolution appears as Resolution No. 7620 in Resolution Book No. 58. C. APPROVED THE SOUTHWEST FIRE LEAGUE. MUTUAL AID AGREEMENT. C.L. NO. 124 D. APPROVED APPLICATION FOR A COMMUNITY EVENT LICENSE AND WAIVER OF FEE FOR EVENTS SCHEDULED TO TAKE PLACE ON JULY 4, 1990. C.L. N0. 125 E. APPROVED APPOINTMENT OF SUSIE VANDENBURG AND CASEY KENYON AS STUDENT MEMBERS TO THE HUMAN RIGHTS COMMISSION. C.L. N0. 126 F. APPROVED TAXICAB LICENSE APPLICATION, TOWN TAXI, INCe, 2500 N. WASHINGTON AVENUE NORTH, MINNEAPOLIS. G. APPROVED TAXICAB LICENSE APPLICATION, YELLOW TAXI SERVICE CORPORATION, 500 EAST 36TH STREET, MINNEAPOLIS. M/Ludeman, S/Garcia to approve the consent calendar as amended. Motion carried 4-0. Item #8 DISCIPLINARY HEARING RESULTING FROM ALLEGED SALES OF LIQUOR TO MINORS, CONSUL RESTAURANT CORPORATION, (CHI CHI'S MEXICAN RESTAURANTE), 7717 NICOLLET AVENUE. C.L. NO. 127 City Attorney Dean reviewed Council Letter No. 127 regarding the recommended discipline of a $6,000 civil fine for the alleged sales of liquor to minors at Chi-Chi's Mexican Restaurants, 7717 Nicollet Avenue. He also stated that the three employees involved and the establishment were charged with a gross misdemeanor for furnishing alcohol to persons under age. Gary Kannenberg, General Manager of Chi-Chi's, outlined the practices, policies, and programs that Chi-Chi's management has taken to prevent any such future occurrences. Council Meeting Minutes -5- May 14, 1990 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. 7621 RESOLUTION RELATING TO DISCIPLINE OF LICENSE AND AUTHORIZING EXECUTION OF STIPULATION CONSUL RESTAURANT CORPORATION (CHI-CHI'S MEXICAN RESTAURANTE) 7717 NICOLLET AVENUE SOUTH 1 Motion carried 4-0. This resolution appears as Resolution No. 7621 in Resolution Book No. 58. Item #9 DISCIPLINARY HEARING RESULTING FROM ALLEGED SALES OF LIQUOR TO MINORS, GROUND ROUND RESTAURANT, 1500 EAST 78TH STREET. C.L. N0. 128 City Attorney Dean reviewed Council Letter No. 128 regarding the recommended discipline of a $3,000 civil fine for the alleged sales of liquor to minors at the Ground Round Restaurant, 1500 East 78th Street. He also stated that the two employees involved and the establishment were charged with a gross misdemeanor for furnishing alcohol to persons underage. Rick Evans, Attorney for Ground Round, Inc., Steven Nordness, Manager, and Scott Olson, Assistant Manager outlined the practices, policies, and programs that the Ground Round Restaurant management has taken to prevent any such future occurrences. M/Garcia, 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. 7622 RESOLUTION RELATING TO DISCIPLINE OF LICENSE AND AUTHORIZING EXECUTION OF STIPULATION (GROUND ROUND - 1500 EAST 78TH STREET) Motion carried 4-0. This resolution appears as Resolution No. 7622 in Resolution Book No. 58. Council Meeting Minutes- -6- May 14, 1990 Item #10 DISCIPLINARY HEARING RESULTING FROM ALLEGED SALE OF LIQUOR TO MINORS, DAVANNI'S PIZZA AND HOT HOAGIES, 2310 WEST 66TH STREET. C.L. NO. 129 City Attorney Dean reviewed Council Letter No. 129 regarding the recommended discipline of a two day suspension of the wine and non-intoxicating malt liquor license for the alleged sale of alcohol to minors at Davanni's Pizza and Hot Hoagies, 2310 West 66th Street. He also stated the employee involved and the establishment were charged with a gross misdemeanor for furnishing alcohol to persons underage. Mick Stenson, President/part owner of Davanni's, 2310 West 66th Street, outlined the practices, policies, and programs that Davanni's management has taken to prevent any such future occurrences. M/Kirsch, S/Garcia 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. 7623 RESOLUTION RELATING TO DISCIPLINE OF LICENSE AND AUTHORIZING EXECUTION OF STIPULATION (DAVANNI'S - 2310 WEST 66TH STREET) Motion carried 4-0. This resolution appears as Resolution No. 7623 in Resolution Hook No. 58. Item #11 DISCIPLINARY HEARING RESULTING FROM ALLEGED SALES OF LIQUOR TO MINORS, RICHFIELD RESTAURANT ACQUISITION COMPANY (CHAMPPS SPORTS CAFE), 790 WEST 66TH STREET. C.L. NO. 130 City Attorney Dean reviewed Council Letter No. 130 regarding the recommended discipline of $6,000 civil fine for the alleged sales of liquor to minors at Champps Sports Cafe, 790 West 66th Street. He also stated the three employees involved and the establishment were charged with a gross misdemeanor for furnishing alcohol to persons underage. Pat Wandzel and Steve Waggenheim, Champps Sports Cafe, outlined the practices, policies, and programs that Champps management has taken to prevent any such future occurrences. Council Meeting Minutes -7- May 14, 1990 M/Garcia, 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. 7624 RESOLUTION RELATING TO DISCIPLINE OF LICENSE AND AUTHORIZING EXECUTION OF STIPULATION RICHFIELD RESTAURANT ACQUISITION COMPANY (CHAMPPS SPORTS CAFE) 790 WEST 66TH STREET Motion carried 4-0. This resolution appears as Resolution No. 7624 in Resolution Book No. 58. Item #12 CONSIDERATION OF REQUEST FOR AMENDMENT TO OFFSTREET PARKING PERMIT AT 1532 EAST 66TH STREET TO ALLOW UTILIZATION OF AN AREA OF PROPERTY FOR PARKING WHICH IS NOT SHOWN ON THE ORIGINAL PERMIT. C.L. N0. 131 City Manager stated that the applicant, Thomas Allstopp, had withdrawn his application for an amendment to the offstreet parking permit at 1532 East 66th Street. M/Ludeman, S/Quam to accept the withdrawal of the application of Thomas Allstopp for an amendment to the offstreet parkinct Dermit at 1532 East 66th Street. Motion carried 3-0. (Council Member Garcia was not present when this vote was recorded.) Item #13 CONSIDERATION OF PUBLIC HEARING AND SECOND READING OF AN ORDINANCE AMENDMNT TO CHAPTER I, SUBSECTION 115.11, ADDING SUBDIVISION - "YOUTH RESOURCE SPECIALIST". C.L. NO. 132 City Manager Prosser reviewed Council Letter No. 132 regarding a proposed ordinance amendment to provide the Public Safety Youth Resource Specialist with the authority to issue citations to ,juvenile status offense violators. Lawrence Wozniczka, 6744 Wentworth Avenue asked if the Youth Resource Specialist position was budgeted and concern about whether a police officer should do the fob. Council Meeting Minutes -8- May 14, 1990 Public Safety Director Erskine stated that the position was approved and authorized in the 1990 budget. He reviewed the functions of the position and it's focus on youth. M/Kirsch, S/Garcia ts~ close the public hearing. Motion carried 4-0. M/Ludeman, S/Kirsch that this constitute Second Reading of Bill No. 1990-8. Amendment to Chapter I, Subsection 115 11, that it be Dublished in the official newspaper and that it be made part of these minutes. Motion carried 4-0. Item #14 CONSIDERATION OF PUBLIC HEARING AND SECOND READING OF LODGING TAX ORDINANCE. C.L. NO. 133 City Manager Prosser reviewed Council Letter No. 133 regarding a proposed ordinance authorizing the City to levy a 3$ lodging tax and the establishment of a Richfield m©l3ri ~Elb Promotion Hoard. M/Sandahl, S/Garcia to close the public hearing. Motion carried 4-0. M/Ludeman, S/Kirsch that this constitute Second Reading of Hill No. 1990-9. Chapter XIV, that it be published in the official newspaper and that it be made part of these minutes. Motion carried 4-0. Item #15 CONSIDERATION OF FIRST READING OF AN ORDINANCE TO REZONE PROPERTY LOCATED AT 6511-13 21ST AVENUE SOUTH FROM MR-1 TO MR-2 M[JLTIPLE RESIDENCE DISTRICT. C.L. NO. 134 City Manager Prosser reviewed Council Letter No. 134 recommending denial of a request for an ordinance amendment to rezone the property located at 6511-13 21st Avenue from MR-1 to MR-2. Vincent Seiter, owner of 6511-13 21st Avenue, spoke in support of the rezoning and asked that the City Council pass it on First Reading and set a public hearing for the issue. Council Meeting Minutes -9- May 14, 1990 Council Member Ludeman suggested that this item be passed on First Reading and a public hearing be scheduled. 1 Mayor Quam, Council Member Garcia, and Council Member Kirsch stated concerns about spot zoning and piece meal zoning indicating a commitment had been made to New Ford Town residents. M/Quam, S/Garcia to deny the request for the rezoning of the property located at 6511-13 21st Avenue from MR-1 to MR-2 based upon the following findings: 1. The Planning Commission has reviewed and recommends denial of the rezoning. 2. The rezoning history clearly indicates illegal non- conformance: * 4/64-Property zoned from R to MR to allow the relocation of a double bungalow onto the site. * 2/65-Two efficiency apartments noted in the lower level of the double bungalow. * 7/65-Planning Commission recommended denial of apartment use permit to allow the efficiency apartments. * 8/65-City Council deferred action on apartment use permit until applicant met with Planning Commission to work out concerns. Applicant did not follow up. * 1982-Zoning Ordinance amended by adding an MR-1 duplex classification for multiple family districts. The site in question was reclassified at this time to MR-1. * 7/83-Letter received from Steve Kahn asking the building inspector for a variance to allow the four unit use of-the property. He was informed that there was no provision for such a variance but that he could request a rezoning of the property. He chose not to apply for a rezoning. * 9/27/89-Notice of Non-Compliance. * 3/4/90-Application for zoning change. 3. None of the units appear to meet the minimum square footage per unit requirements. 4. The project is not consistent with the Comprehensive Plan. 5. The offstreet parking layout does not meet City requirements. Motion carried 3-1. (Ludeman opposed) Council Meeting Minutes -10- May 14, 1990 Item #16 CONSIDERATION OF ADOPTION OF RESOLUTION AND FIRST READING OF AN ORDINANCE AMENDMENT APPROVING THE NAME CHANGE OF ROGER CABLESYSTEMS OF THE SOUTHWEST, INC. TO KBL CAHLESYSTEMS OF THE SOUTHWEST, INC. C.L. NO. 135 City Manager Prosser reviewed Council Letter No. 135 regarding a resolution and proposed ordinance amendment to change the name of the Grantee under the Franchise from Rogers Cablesystems of the Southwest, Inc. to KBL Cablesystems of the Southwest, Inc. D/B/A Paragon Cable. M/Ludeman, S/Kirsch that the following resolution be adODted• that it be spread in the resolution book and that it be made part of these minutes: RESOLUTION NO. 7625 RESOLUTION GIVING APPROVAL TO A CHANGE OF NAME OF GRANTEE FROM ROGERS CABLESYSTEMS OF THE SOUTHWEST, INC. TO KBL CABLESYSTEMS OF THE SOUTHWEST, INC. D/B/A PARAGON CABLE Motion carried 4-®. This resolution appears as Resolution No. 7625 in Resolution Book No. 58. M/Ludeman, S/Kirsch that this constitute the First Reading of this ordinance amending Appendix E2 and that the Public Hearing and Second Reading of the ordinance be scheduled for the amine 11 1990 City Council Meeting. Motion carried 4-0. Item #6A AWARD OF CONTRACT FOR FLOATING BOARDWALK SYSTEM AT VETERANS MEMORIAL PARK OF RICHFIELD. C.L. NO. 122 City Manager Prosser reviewed Council Letter No. 122 regarding the award of contract for the floating boardwalk at Veteran's Memorial Park of Richfield. Council Member Ludeman stated he had asked for a diagram showing the location of the boardwalk and this had now been provided. M/Ludeman, S/Kirsch to accept the bid minutes/tabulation and award of contract for a floating boardwalk system at Veterans Memorial Park of Richfield to Earl F Anderson & Associates, Inc in the amount of 580,487 43. Motion carried 4-0. Council Meeting Minutes -il- May 14, 1990 Item #17 CONSIDERATION OF CANCELLATION OF MAY 28 CITY COUNCIL MEETING. C.L. NO. 136 M/Ludeman, S/Garcia to cancel the regularly scheduled City Council Meeting of May 28, 1.990. Motion carried 4-0. Item #18 LEGISLATIVE REPORT City Manager Prosser reviewed legislation which reduced Local Government Aid(LGA) to Richfield. Item #19 COUNCIL DISCUSSION ITEMS Council Member Ludeman commented on the fund balance reported by the City auditors. Council Member Kirsch complimented the Water Division open house event. Item #20 CLAIMS AND PAYROLLS M/Ludeman, S/Garcia that the following claims and payrolls. be aRproved: RICHFIELD STATE BANK Checks 12699-12787; 110244-110618 FIRST MINNESOTA Check 1105 FIRST WESTERN BANK Checks 5531-5567 Checks 36352-36727 Payroll Motion carried 4-0. $1,466,701.80 $ 15,000.00 $1,049,197.90 $ 336,669.56 Council Meeting Minutes -12- May 14, 1990 ADJOURNMENT The meeting was adjourned by unanimous conse at 9:4 p.m Date Approved: June 11, 1990 , Ste en Qu Mayor ~~~~~' s ` ~~a~ Thomas P. Ferber J es D. Prosser City Clerk i y Manager 1