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12-10-1990CITY OF RICHFIELD, MINNESOTA REGULAR CITY COUNCIL MEETING December 10, 1990 MEMBERS PRESENT: Steven Quam, Mayor; Ivan Ludeman; Martin • Kirsch; and Michael Sandahl. STAFF PRESENT: James Prosser, City Manager; 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 7:00 p.m. PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE Mayor Quam led the audience in the Pledge of Allegiance. APPROVAL OF MINUTES Mayor Quam stated that .on page 3, paragraph 3, of the November 26, 1990 minutes should be amended to add "depending on whether or not Council Member Garcia resigns". Council Member Ludeman stated the motion on the same page should be amended to read motion by Quam. M/Ludeman, S/Quam to approve the regular City Council Meeting Minutes of November 26. 1990 as amended. Motion carried 4-0. M/Quam, S/Ludeman to approve the Budget Hearing Meeting Minutes of November 28, 1990. Motion carried 4-0. Mayor Quam stated the minutes of the Special City Council Meeting of November 30, 1990 and continuance of the Special City Council Meeting of December 1, 1990 should be amended to be one document. Council discussion followed regarding this issue. M/Quam, S/Ludeman to approve the Special Council Meeting_of November 30, 1990 and the Special Council Meetinq of December 1 1990 as amended. Motion carried 4-0. Council Meeting Minutes -2- December 10, 1990 Item #1 OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON ANY ITEM NOT LISTED ON THE AGENDA. Audrey Hansen, 7230 Lyndale Avenue, stated concerns regarding the property at 7234 Lyndale Avenue and damage to her yard and bushes caused by vehicle at the property. Mayor Quam asked that she work with City staff to address these issues. Ernie Lindstrom, 7406 Fremont Avenue, stated that he thought the December 1 City Council Meeting could not be a continuance because there was no quorum on November 30. He suggested that the council pass the resolution declaring the vacancy again tonight or December 12. He stated concerns about the city administration and the appointment of an attorney for Council Members Kirsch and Lud®maaae H® stated that all members mist have information for creditability. City Attorney Dean stated the action to continue the November 30 was proper under City ordinance. He stated the City Manager was not in court but that an attorney had been appointed to be present on Wednesday to represent the right of Council Members Kirsch and Ludeman to vote as they did. He stated that on the morning of Wednesday, November 28 attempts had been made to contact both Council Members Kirsch and Ludeman regarding this court action. He stated it was also believed that the City would be a respondent at that point. Therefore, Mr. Plummer had been asked to represent the parties. Mayor Quam indicated that he and a Ward 3 citizen initiated the court action. He stated the hearing was held on Friday November 30 at which all parties had their own counsel. He stated it was prudent for the City to act as it did. , City Manager Prosser stated it was his intent to be nonpartisan and felt it was necessary for representation to be provided for defense by Mr. Plummer. City Attorney Dean indicated he would make available a memo Mr. Plummer prepared regarding the issue. 1 Council Meeting Minutes -3- December 10, 1990 Item #2 RECOGNITION OF RICH ACRES GOLF COURSE FOR RECEIVING 1990 NATIONAL GOLF AWARD FOR EXCELLENCE IN PROMOTING AND ENHANCING THE PUBLIC GOLF EXPERIENCE. C.L. N0. 292 Mayor Quam reviewed Council Letter No. 292 regarding recognition of the Rich Acres Golf Course for receiving the 1990 National Golf Award for excellence in promoting and enhancing the public golf experience. He acknowledged Daryl Harman, Golf Course Manager, Gretchen Blank, Leisure Services Coordinator, and design consultants Don Brauer and Paul F,jare for their part in achieving the Award. M/Ludeman, S/Sandahl to acknowledge receipt of the National Golf Foundation's Public Golf Achievement Award for 1990. Motion carried 4-0. Item #3 PRESENTATION OF COMMENDATION CERTIFICATES FROM PRESIDENT'S ENVIRONMENTAL YOUTH AWARDS TO RICHFIELD S.W.A.T. (STUDENT WEATHERIZATION ACTION TEAM) EDUCATION PROJECT MEMBERS. C.L. NO. 293 Community Development Director Wallace reviewed Council Letter No. 293 regarding the Richfield Student Weatherization Action Team (S.W.A.T.) Education Project. Mayor Quam presented certificates from the President's Environmental Youth Awards Program to S.W.A.T. Education Project members and recognized the Self Reliance Center, Northern States Power, and Richfield High School faculty and staff for their participation in the program. Item #4 COUNCIL APPROVAL OF AGENDA Council Member Kirsch requested an addition to the agenda to discuss clarification of the process for consideration of appointment to City Council vacancies. Mayor Quam stated this would be added to the Agenda as Item #5A. M/Ludeman, S/Sandahl to agprove the agenda as amended. Motion carried 4-0. Council Meeting Minutes -4- December 10, 1990 Item #5 CONSENT CALENDAR A. APPROVED REPAIRS IN THE AMOUNT OF $5,097 FROM R & 0 ELEVATOR FOR REPAIRS TO THE COMMUNITY CENTER ELEVATOR. C.L. NO. 294 H. APPROVED CONTRACT WITH BUCKINGHAM DISPOSAL, INC. IN THE AMOUNT OF $19,894 FOR TRASH PICKUP SERVICES AT CITY OWNED FACILITIES FOR THE YEAR 1991. C.L. N0. 295 C. APPROVED CONTRACT WITH ARTCRAFT PRESS IN THE AMOUNT OF $28,893 FOR PRINTING SEASONAL RECREATION BROCHURES ON RECYCLED PAPER. C.L. NO. 296 D. APPROVED FIRST AND FINAL PAYMENT TO G.C. STRASBURG (CURB, GUTTER) $22,770.10. M/Ludeman, S/Sandahl to approve the consent calendar. Motion carried 4-0. Item #5A DISC[TSSION OF CLARIFICATION OF SPECIAL CITY COUNCIL MEETING OF DECEMBER 12, 1990 AND APPOINTMENT PROCESS FOR COUNCIL VACANCIES. Council Member Kirsch stated a desire to clarify the December 12, 1990 Special City Council meeting and appointment process for council vacancies. M/Kirsch, Ward 3 candidat S/Ludeman to es on Wednes continue to accept app day, December 12, 1990; lications from to hold a special council meeting on Thursday] December 13, 1990 at 6.00 P.M for making the selecti on from Ward 3• and th at all action on Ward 1 be consi candidates pres dered after ent on Wednes January 2, 1991 howeve dav December 12 19_~0 r those _will be interviewed. Mayor Quam stated concern that this was a change in the process agreed upon. He stated he had hoped that agreement could be reached at the December 12, 1990 meeting regarding the vacancies. Council Member Kirsch stated his proposal would give more time to review the information on candidates. Council Member Sandahl indicated a desire to continue to receive applications and noted there were 16 candidates so far. Council Meeting Minutes -5- December 10, 1990 Council Member Ludeman stated there is not currently a vacancy in Ward 1 and it would not be appropriate to consider filling until January, 1991. He stated it is appropriate to act only on the Ward 3 vacancy. Mayor Quam stated he acknowledged there is not a vacancy in Ward 1 but wanted flexibility and hoped for bipartisan action. Motion carried 3-1. (Quam opposed) Item #6 PUBLIC HEARING TO CONSIDER THE RENEWAL OF THE ON-SALE AND SUNDAY LIQUOR LICENSES FOR CHAMPPS SPORTS BAR; 790 WEST 66TH STREET. C.L. N0. 297. Public Safety Director Erskine reviewed Council Letter No. 297 recommending approval of the 1991 On-Sale and Sunday Liquor licenses for Richfield Restaurant Acquisition Co. d/b/a Champps Sports Cafe, 790 West 66th Street. M/Ludeman, S/Sandahl to close the public hearing,. Motion carried 4-0. M/Ludeman, S/Quam to approve the granting of the 1991 On- Sale and Sunday Liquor Licenses to Richfield Restaurant Acquisition Co. d/b/a Champps Sports Cafe located at 790 West 66th Street, subject to .the conditions of Resolution No. 7380. Motion carried 4-0. Item #7 PUBLIC HEARING TO CONSIDER THE RENEWAL OF THE ON-SALE AND SUNDAY LIQUOR LICENSES FOR CHI-CHI'S RESTAURANT, 7717 NICOLLET AVENUE. C.L. NO. 298. Public Safety Director Erskine reviewed Council Letter No. 298 recommending approval of the 1991 On-Sale and Sunday Liquor Licenses for Consul Restaurant Corporation d/b/a Chi-Chi's Mexican Restaurants, 7717 Nicollet Avenue South. M/Kirsch, S/Quam to close the public hearing,. emotion carried 4-0. Council Meeting Minutes -6- December 10, 1990 M/Ludeman, S/Quam ~o approve the granting of the 1991 On- Sale and Sunday Liquor Licenses to Consul Restaurant Corporation, d/b/a Chi-Chi's Mexican Restaurants, located at 7717 Nicollet Avenue South subject to the conditions of Resolution No 7380. Motion carried 4-0. Item #8 PUBLIC HEARING TO CONSIDER THE RENEWAL OF THE ON-SALE AND SUNDAY LIQUOR LICENSES FOR GROUND ROUND, INC., 1500 EAST 78TH STREET. C.L. N0. 299 Public Safety Director Erskine reviewed Council Letter No. 299 recommending approval of the 1991 On-Sale and Sunday Liquor Licenses for Ground Round Inc., 1500 East 78th Street. M/Kirsch, S/Quam to close the public hearing. Motion carried 4-0. PSI/Lude~tan, S/4~uam to approve tl~e granting of tfle 1991 On- Sale and Sunday Liquor Licenses to the Ground Round Inc. located at 1500 East 78th Street subject to the conditions of Resolution No. 7380. Motion carried 4-0. Item #9 PUBLIC HEARING TO CONSIDER THE RENEWAL OF THE ON-SALE AND SUNDAY LIQUOR LICENSES FOR AMERICAN LEGION POST 435, 6501 PORTLAND AVENUE. C.L. NO. 300 Public Safety Director Erskine reviewed Council Letter No. 300 recommending approval of the 1991 Club On-Sale and Sunday Liquor Licenses for Minneapolis/Richfield American Legion Post 435, 6501 Portland Avenue South. M/Sandahl, S/Ludeman to close the public hearing. Motion carried 4-0. M/Ludeman, S/Sandahl to approve the granting of the 1991 Club On-Sale and Sunday Liquor Licenses to the Minneapolis/Richfield American~Legion #435 located at 6501 Portland Avenue South subject to the conditions of Resolution No 7380 and contingent upon submittal of proof of insurance acceptable to the Public Safety Director. Motion carried 4-0. Council Meeting Minutes -7- December 10, 1990 Item #10 PUBLIC HEARING TO CONSIDER THE RENEWAL OF THE ON-SALE AND SUNDAY LIQUOR LICENSES FOR THE VFW POST 5555, 710 LAKE SHORE DRIVE. C.L. N0. 301 Public Safety Director Erskine reviewed Council Letter No. 301 recommending approval of the 1991 Club On-Sale and Sunday Liquor Licenses for Fred Babcock V.F.W. Post No. 5555, 710 Lake Shore Drive. M/Ludeman, S/Sandahl to close the public hearing. Motion carried 4-0. M/Ludeman, S/Sandahl to approve the granting of the 1991 Club On-Sale and Sunday Liquor Licenses to the Fred Babcock V, F W Post No. 5555 located at 710 Lake Shore Drive subject to the conditions of Resolution No. 7380 and contingent upon submittal of proof of insurance acceptable to the Public Safety Director Motion carried 4-0. Item #11 PUBLIC HEARING TO CONSIDER THE RENEWAL OF THE ON-SALE WINE AND NON-INTOXICATING MALT LIQUOR LICENSE FOR DAVANNI'S PIZZA, 2312 WEST 66TH STREET. C.L. NO. 302 Public Safety Director Erskine reviewed Council Letter No. 302 recommended approval of the 1991 On-Sale Wine and Non- Intoxicating Malt Liquor Licenses for Davanni's Inc. d/b/a Davanni's Pizza and Hot Hoagies, 2312 West 66th Street. M/Sandahl, S/Kirsch to close the public hearing. Motion carried 4-0. M/Ludeman, S/Kirsch to approve the granting of the 1991 On- Sale Wine and Non-Intoxicating Malt Liquor Licenses for Davanni's, Inc. d/b/a Davanni's Pizza and Hot Hoagies located at 2312 West 66th Street. Motion carried 4-0. Council Meeting Minutes -8- December 10, 1990 Item #12 PUBLIC HEARING TO CONSIDER THE RENEWAL OF THE ON-SALE WINE AND NON-INTOXICATING MALT LIQUOR LICENSE FOR MILLERS FIRESIDE PIZZA, 6736 PENN AVENUE. C.L. NO. 303 Public Safety Director Erskine reviewed Council Letter No. 303 recommended approval of the 1991 On-Sale Wine and Non- Intoxicating Malt Liquor Licenses for Millers Fireside Pizza, 6736 Penn Avenue. M/Sandahl, S/Kirsch to close the public hearing. Motion carried 4-0. M/Ludeman, S/Kirsch to approve the granting of the 1991 On- Sale Wine and Non-Intoxicating Malt Liquor Licenses for Millers _ Fireside Pizza. 6736 Penn Avenue. Motion carried 4-0. Item #13 PUBLIC HEARING TO CONSIDER THE RENEWAL OF THE ON-SALE WINE AND NON-INTOXICATING MALT LIQUOR LICENSE FOR PAESANO'S ITALIAN BUFFET, 500 EAST 78TH STREET. C.L. NO. 304 Public Safety Director Erskine reviewed Council Letter No. 304 recommending approval of a temporary On-Sale Wine and Non- Intoxicating Malt Liquor License for Paesano's Italian Buffet, 500 East 78th Street. He stated the business is in the process of being sold to new owners and it would be appropriate to issue a temporary license and have the city council consider the permanent license after the sale. Bob Helman, representing the potential new ownership, indicated closing is anticipated for January 1, 1991 and he has been in contact with Public Safety staff regarding application for the license. M/Kirsch, S/Sandahl to close the public hearing. Motion carried 4-0. Council Meeting Minutes -9- December 10, 1990 M/Sandahl, S/Kirsch to approve a temporary On-Sale Wine and Non-Intoxicating Malt Liquor License for Paesano's Italian Buffet 500 East 78th Street and continue the hearing regarding a permanent 1991 license until January 28, 1991, at which time a request to approve a 1991 permanent on-sale wine and non- intoxicating malt liquor license will be submitted for council consideration. Motion carried 4-0. Item #14 CONSIDERATION OF RESOLUTION APPROVING EXECUTION AND DELIVERY OF A FIRST SUPPLEMENTAL INDENTURE OF TRUST SECURING COMMERCIAL DEVELOPMENT REVENUE REFUNDING BONDS (CORPORATE TRAVEL PROJECT) SERIES 1987A AND SERIES 1987B, AND APPROVAL OF SUPPLEMENTAL INDENTURE OF TRUST. C.L. N0. 304 City Manager Prosser reviewed Council Letter No. 304 regarding a resolution approving execution and delivery of the first supplemental indenture of trust securing commercial development revenue bonds (Corporate Travel Building Project). City Attorney Dean indicated the change in the indenture is a technical change regarding the remarketing date. M/Ludeman, S/Sandahl that the following resolution be adopted: that it be spread in the resolution book and that it be made mart of these minutes: RESOLUTION N0. 7699 APPROVING EXECUTION AND DELIVERY OF A FIRST SUPPLEMENTAL INDENTURE OF TRUST SECURING COMMERCIAL DEVELOPMENT REVENUE REFUNDING BONDS (CORPORATE TRAVEL BUILDING PROJECT) SERIES 1987A~ AND SERIES 1987E Motion carried 4-0. This resolution appears as Resolution No. 7699 in Resolution Book No. 59. Item #15 CONSIDERATION OF RESOLUTION AUTHORIZING AMENDMENTS TO DOCUMENTS RELATING TO TI#E CITY'S $8,250,000 MULTIFAMILY HOUSING REVENUE BONDS (MARKET PLAZA HOUSING PROJECT) ISSUED AS OF SEPTEMBER 1, 1985 RELATING TO MARKET PLAZA. C.L. NO. 306 City Manager Prosser reviewed Council Letter No. 306 regarding amendments to documents for the $8,250,000 multi-family housing revenue bond for the Market Plaza housing project. Council Meeting Minutes -10- December 10, 1990 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: RESOLUTION N0. 7700 AUTHORIZING AMENDMENTS TO DOCUMENTS RELATING TO THE CITY'S $8,250,000 MULTIFAMILY HOUSING REVENUE BONDS (MARKET PLAZA PROJECT) ISSUED AS OF SEPTEMBER 1~, 198'5 Motion carried 4-0. This resolution appears as Resolution No. 7700 in Resolution Book No. 59. Item #16 APPROVAL OF ACQUISITION OF A PHOTOCOPIER FOR THE CENTRAL SERVICES PRINTSHOP, AND DENIAL OF AWARD FOR PHOTOCOPIERS FOR PUBLIC SAFETY AND ADMINISTRATION DEPARTMENTS. C.L. N0. 307 City Manager ??-®sser review®d Council Letter No. 307 recommending award of contract for the Print Shop to Eastman Kodak and denial of the award of contracts for the Public Safety and Administrative Services copier. M/Kirsch, S/Sandahl that the following resolution be adopted; that it be spread in the resolution book and that it be made part of these minutes: RESOLUTION NO. 7701 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR PRINT SHOP PHOTOCOPIER Motion carried 4-0. This resolution appears as Resolution No. 7701 in Resolution Book No. 59. Item #17 RESOLUTION RELATING TO AMENDMENT TO THE LETTER OF UNDERSTANDING BETWEEN THE CITY OF RICHFIELD AND JAMES D. PROSSER, CITY MANAGER. C.L. N0.-308 Mayor Quam stated the council had met in closed executive session earlier this evening regarding the evaluation of the City Manager. He stated the conclusions would be stated by motions. Council Meeting Minutes -il- December 10, 1990 M/Quam, S/Sandahl ~o approve the Resolution on page 17-1 of the Agenda, "RESOLUTION AMENDING THE LETTER OF UNDERSTANDING BETWEEN THE CITY OF RICHFIELD AND JAMES D. PROSSER, CITY MANAGER" to reflect an increase of 4.5$ for a salarv of 579,212. Motion failed 2-2. (Ludeman, Kirsch opposed) Council Member Ludeman stated that the poor economy and state budget situation indicated hard times ahead for cities. M/Ludeman, S/Kirsch to hold off until June 1, 1991 any salary increase for the City Manager. Motion failed 2-2. (Quam, Sandahl opposed) Mayor•Quam stated that he thought this was grossly unfair to the City Manager. Council Member Sandahl stated he agreed with Council Member Ludeman that the state budget problems will present challenges to cities but that an increase for the City Manager is fair in light of other salary adjustments. Item #18 REQUEST TO CONFIRM HENNEPIN COUNTY ASSESSOR'S SELECTION OF MONDAY, APRIL 29, 1991 AT 7:00 P.M. FOR THE HOARD OF REVIEW MEETING. C.L. N0. 309 City Manager Prosser reviewed Council Letter No. 309 regarding setting the date of the 1991 Local Board of Review meeting. M/Ludeman, S/Sandahl to confirm the County Assessor's selection of Monday, April 29 1991 at 7:00 p.m. for the 1991 Local Hoard of Review meeting. Motion carried 4-0. Item #19 COUNCIL CONFIRMATION OF CITY MANAGER'S APPOINTMENT OF TWO HEARING EXAMINERS (CONNIE HURRAY, VERN LUETTINGER). C.L. N0. 310 City Manager Prosser reviewed Council Letter No. 310 recommending confirmation of the appointment of Vern Luettinger -_._-- -__and Connie- Murray- ashearing examiners.-, Council Meeting Minutes -12- December 10, 1990 M/Ludeman, S/Sandahl to confirm the City Manager's appointment of Vern Luettinger and Connie Murray as hearing examiners for a one year term and two year term to be determined by lot• Motion carried 4-0. Item #20 CONSIDERATION TO SCHEDULE A SPECIAL CITY COUNCIL MEETING FOR'DECEMHER 17, 1990, 7:00 P.M., FOR THE PURPOSE OF CONDUCTING A PUBLIC HEARING FOR CONSIDERATION OF LHN REDEVELOPMENT PROJECT MODIFICATION #6 BY ADDING THERETO AS PROPERTY DESIGNATED FOR ACQUISITION THE LAND HOUNDED HY THE SOO LINE RAILROAD, PILLSBURY AVE., AS EXTENDED, 65TH STREET AND 66TH STREET. C.L. NO. 311 City Manager Prosser reviewed Council Letter No. 311 regarding scheduling a Special City Council Meeting for December _ 17, 1990 at 7:00 for the purpose of conducting a public hearing for consideration of LHN redevelopment Project Modification #6 by adding thereto as property designated for acquisition the land bounded by the Soo Line Railroad, Pillsbury Avenue, as extended, 65th Street and 66th Street. Lawrence Wozniczka, 6744 Wentworth Avenue, stated concerns abut the city's involvement in this possible project and asked the City Council to consider it at a regular City Council Meeting. City Manager Prosser indicated that could be done but that - often this type of presentation is presented to both HRA and City Council at the same time. It was the consensus of the City Council that this meeting should be broadcast on Cable TV. M/Sandahl, S/Ludeman ~o schedule December 17 1990 at 7.00 p m. as a Special City Council Meeting for the purpose of conducting a public hearing for consideration of LHN Redevelopment Project Modification #6 by adding thereto as property designated for acquisition the land bounded by the Soo Line Railroad Pillsbury Avenue as extended 65th_Street and 66th Street Motion carried 4-0. Council Meeting Minutes -13- December 10, 1990 Item #21 COUNCIL CONSIDERATION TO CANCEL THE COUNCIL MEETING REGULARLY SCHEDULED FOR DECEMBER 24. C.L. N0. 312 City Manager Prosser reviewed Council Letter No. 312 regarding cancellation of the regularly scheduled City Council meeting of December 24, 1990. M/Kirsch, S/Ludeman to cancel the December 24, 1990 regular City Council Meeting. Motion carried 4-0. Item #22 LEGISLATIVE REPORT None 1 Item #23 COUNCIL DISCUSSION ITEMS None Item #24 CLAIMS AND PAYROLLS M/Ludeman, S/Sandahl that the following claims and payrolls be approved: RICHFIELD STATE BANK Checks 13402-13438; 23074-23278 FIRST MINNESOTA Check 1113 FIRST WESTERN BANK Checks 5885-5911 Checks 42747-43096 Motion carried 4-0. Payroll $ 829,943.21 $ 15,000.00 $ 784,073.67 $ 324,660.31 Council Meeting Minutes -1.4- December 10, 1990 ADJOURNMENT The meeting was adjourned by unanimous consent at 8. 5 p m. Date Approved:_ 1/14/91 , to en J. Q m Mayor 0.f~1.6Z~vt~O ~4 ~.~Z., Thomas P. Ferber City Clerk v am s D. Prosser i y Manager 1 _J