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08-26-1991 1 MEMBERS PRESENT: MEMBERS ABSENT: CITY OF RICHFIELD, MINNESOTA REGULAR CITY COUNCIL MEETING August 26, 1991 Martin Kirsch, Mayor; Ivan Ludeman; Kristal Stokes; and William Bullock. 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; Jean Mitchell, Finance Manager; and John Dean, City Attorney. The meeting was called to order by Mayor Kirsch at 7:00 p.m. PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE Mayor Kirsch led the audience in the Pledge of Allegiance. APPROVAL OF MINUTES M/Ludeman, S/Bullock to agnrove the minutes of the regular City Council Meeting of August 12 1991. Motion carried 4-0. Item #1 OPPORTUNITY FOR PERSONS TO ADDRESS THE CITY COUNCIL ON ANY ITEM NOT LISTED ON THE-AGENDA. No one wished to address the council. Council Meeting Minutes -2- August 26, 1991 Item #2 COUNCIL APPROVAL OF AGENDA Mayor Kirsch stated that he intended to remove Item 3B from the Consent, Calendar for consideration as Item 8A on the regular agenda. - - -- M/Ludeman, S/Bullock to approve the agenda. Motion carried 4-0. Council Member Ludeman requested that his motion to approve the agenda be amended to add an additional agenda item to consider the City Attorney's analysis of the Charter provisions concerning the terms of appointment of the Ward 1 and Ward 3 Council Members. - Council Member Bullock, as second to the original motion, concurred with this amendment. M/Ludeman, S/Bullock to amend the motion to approve the agenda by apprcoyi~g tl~e add3t~.o~ ©f Ite~ilii SB. C©r~siderat~.©~ of the City Attorney's analysis of the Charter provisions concerning the terms of appointment of the Ward 1 and Ward 3 Council Members. Motion carried 4-0. Item #3 CONSENT CALENDAR Mayor Kirsch stated that the Consent Calendar would be amended to place Item 3B. "Consideration of Approval of Request for Off Street Parking Permit at US West, 300 West 66th Street" on the regular agenda as Item 8A. 3A. APPROVED RESOLUTION SUPPORTING PROPOSED TOXIC CLEANUP EQUITY AND ACCELERATION ACT OF 1991 C.L. 223 RESOLUTION N0. 7788 A RESOLUTION SUPPORTING THE PROPOSED TOXIC CLEANUP EQUITY AND ACCELERATION ACT OF 1991 This resolution appears as Resolution No. 7788 in Resolution Book• No. 60. B. Removed from the Consent Calendar to be considered on the regular agenda as item 8A. Council Meeting Minutes -3- August 26, 1991 C. APPROVED RESOLUTION AUTHORIZING $5,580,000 ADVANCE REFUNDING BOND SALE C.L. 225 RESOLUTION N0. 7789 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $5;$80,000 GENERAL OBLIGATION REFUNDING BONDS . SERIES 1991 This resolution appears as Resolution No. 7789 in Resolution Book No. 60. ~~ D. APPROVED APPLICATION FOR NEW R&SIDENTIAL KENNEL LICENSE FOR 7600 GRAND AVENUE, 5 CATS C.L. 226 E: APPROVED ESTIMATE #1 PAYMENT FOR REHABILITATION AND REPAIR OF WELL #7, KEYS WELL DRILLING CO., $6,636.70 F. APPROVED FIRST AND FINAL PAYMENT FOR 1991 SEALCOATING ' PROJECTS, BITUMINOUS ROADWAYS, INC., $37,551.96 M/Kirsch, S/Bullock to approve the Consent Calendar as amended. Motion carried 4-0. Item #4 PUBLIC HEARING AND SECOND READING OF AMENDMENT TO SIGN ORDINANCE RELATING TO C-3 ZONING DISTRICT. C.L.NO. 227 City Manager Prosser reviewed Council Letter No. 227 regarding a proposed ordinance amendment which would allow the sharing of business signs in the C-3 zoning district under certain conditions. M/Bullock, S/Stokes to close the public hearing. Motion carried 4-0. M/Bullock, S/Ludeman that this constitute Second Reading of Bill No. 1991-i1, amendment to Chapter IV, Section 416 Regulation of Signs, Subsection 416.07 (f ); that it be published in the Official newspaper and that it be made part of these minutes. Motion carried 4-0. Council Meeting Minutes -4- August 26, 1991 Item #5 CONSIDERATION OF APPROVAL OF WORKERS' COMPENSATION STIPULATION FOR SETTLEMENT. C.L. NO. 228 City Manager Prosser reviewed Council Letter No. 228 recommending approval of a workers' compensation stipulation for settlement. M/Ludeman, S/Stokes to approve the workers' compensation stipulation for settlement as described in Council Letter No. 228 and approve the execution of the stipulation for settlement. Motion carried 4-0. Item #6 CONSIDERATION OF ACCEPTANCE OF COMPREI~ENSIVE ANNUAL FINANCIAL REPORT FOR THE YEAR ENDING DECEMBER 31, 1990. C.L. NO. 229 City Manager Prosser reviewed Council Letter No. 229 regarding presentation of the Comprehensive Annual Financial Report for the year ending December 31, 1990. M/Ludeman, S/Bullock to accept the Comprehensive Annual Financial Report of the City for the year ending December 31, 1990. Motion carried 4-0. Item #7 CONSIDERATION OF WHETHER TO HOLD A CITY COUNCIL STUDY SESSION ON SEPTEMBER 2, 1991. C.L. N0. 230 City Manager Prosser reviewed Council Letter No. 230 regarding consideration of cancellation of the September 2, 1991 City Council Study Session because of the Labor Day holiday. M/Ludeman, S/Stokes to cancel the regularly scheduled City Council Study Session of September 2, 1991. Motion carried 4-0. Council Meeting Minutes -5- August 26, 1991 Item #8 CONSIDERATION OF APPROVAL OF PROPOSED 1992 BUDGET AND PROPERTY TAX LEVY FOR PAYABLE YEAR 1992 FOR CERTIFICATION TO HENNEPIN COUNTY AUDITOR AND SET DATE FOR PUBLIC HEARING FOR 1991 REVISED/1992 PROPOSED BUDGES AND TAX LEVY. C.L. NO. 231 City Manager Prosser reviewed Council Letter No. 231 regarding a resolution to adopt a Proposed Budget and Tax Levy for the year 1992. He recommended scheduling the public budget hearing for 7:00 p.m., November 20, 1991, with a continuation date of 7:00 p.m. December 4, 1991.x' M/Bullock, S/Stokes 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. 7790 RESOLUTION ADOPTING A PROPOSED BUDGET AND TAX LEVY FOR THE YEAR 1992• Motion carried 4-0. This resolution appears as Resolution No. 7790 in Resolution Book No. 60. M/Bullock, S/Stokes to schedule the gublic hearing for the revised 1992/Proposed 1992 Budgets and proposed 1992 Tax Levy for 7:00 p.m., Wednesday November 20, 1991 with a continuation date of 7:00 p.m., Wednesday December 4, 1991 if necessary. Motion carried 4-0. • Item #8A CONSIDERATION OF APPROVAL OF REQUEST FOR OFF STREET PARKING PERMIT AT US WEST, 300 WEST 66TH STREET. C.L. N0. 224 City Manager Prosser reviewed Council Letter No. 224 regarding a request by US West, 300 West 66th Street, for an off- street parking permit to establish a parking lot for 28 vehicles in the southwest portion of the property with a setback of 55 feet from 66th Street. Lawrence Wozniczka, 6744 Wentworth Avenue, stated concerns regarding the pedestrian link between the K-Mart property and the Hub. He suggested that the City should negotiate with US West, as part of the off-street parking permit, to establish a sidewalk along the west edge of the US West building between 65th Street and 66th Street. Council Meeting Minutes -6- August 26, 1991 Discussion followed regarding the need and practicality of such a sidewalk. Council Member Stokes inquired about the lighting for the parking area. Community'Development Director Wallace indicated the lighting issue would be reviewed with US West.. M/Bullock, S/Ludeman to approve the off-street parking permit and site plan for the 28 space parking lot in the southwest portion of the property located at 300 West 66th Street with the following stipulation: A dash escrow for all required landscaping be submitted prior to issuance of this permit. Motion carried 4-0. Item #8B CONSIDERATION OF THE CITY ATTORNEY'S ANALYSIS OF THE CHARTER PROVISIONS CONCERN-ING THE TERMS OF APPOINTMENT OF THE WARD 1 AND WARD 3 COUNCIL MEMBERS. City Attorney Dean reviewed his letter of August 22, 1991 to the City Council providing analysis of the Charter provisions concerning the terms of appointment of the Ward 1 and Ward 3 Council Members. He stated that it was his opinion the election for Wards 1 and 3 should take place in November, 1992 and-that the individuals elected to the Ward 1 and Ward 3 Council positions at the November, 1992 regular municipal election will assume those duties on the first business day in January, 1993. M/Ludeman, S/Bullock to sustain the opinion of the City Attorney regarding the terms of appointment of the Ward 1 and Ward 3 Council Members as stated in the City Attorney's August 22, 1991 letter to the City Council. Motion carried 4-0. Council Member Bullock inquired if it would be appropriate for-the City Council to give direction to the Charter Commission to update the Charter to remove the ambiguity. City Attorney Dean suggested that the City Council refer the matter to the Charter Commission to prepare the appropriate amendments to update the Charter. Council Meeting Minutes ~ -7- August 26, 1991 M/Ludeman,~ S/Bullock to refer this matter to the Charter Commission for their review of the ambiguities and clarifications necessary related to the council term issue and to request that the Charter Commission also review all provisions of the Charter for ambiguities and necessary clarifications. Motion carried 4-0. Hob Doabler, Chairperson of the Charter Commission, stated that the Charter Commission is currently working on a proposal to change the concept regarding appointment to vacancies and that he has asked the Charter Commission~to also review the total Charter for any ambiguities or problems. He indicated they intended to submit their recommendations to the City Council later this year. Item #9 LEGISLATIVE REPORT Mayor Kirsch stated he would be presenting the City's position at the August 27 Metropolitan Airports Commission meeting regarding the airport expansion recommendation. Item #10 COUNCIL DISCUSSION ITEMS Council Member Bullock asked about the status of a vacant lot near 63rd Street and Humboldt Avenue. Community Development Director Wallace indicated it was a • lot yet to be developed as part of the Expanded New Home Program. Item #11 CLAIMS AND PAYROT,LS M/Ludeman, S/Stokes that-the following claims and payrolls be approved: RICHFIELD HANK & TRUST CO. Checks 14349-14396; 28048-28301 $ 938,063.47 NORWEST BANK Check 1123 $ 15,000.00 F.IRSTAR BANK Checks 6361-6381 $1,034,444.24 Checks 50285-50321; 50330-50748 Payroll $ 377,986.84 Motion carried 4-0. Council Meeting Minutes ADJOURNMENT -8- August 26, 1991 M/Bullock,,S/Stokes to adjourn the meeting. Motion carried 4-0. The meeting was adjourned at 7:45 p.m. Date Approved: 9/ 9/ 91 ~~ Thomas P. Ferber City Clerk ~~ ~~~ e Martin J. irsch Mayor am s D. Prosser it Manager 1 i~