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05-11-1992CITY OF RICHFIELD, MINNESOTA REGULAR CITY COUNCIL MEETING May 11, 1992 MEMBERS PRESENT: Martin Kirsch, Mayor; Ivan Ludeman; Michael Sandahl; Kristal Stokes; and William Bullock. STAFF PRESENT: James Prosser, City Manager; Thomas 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, Personnel Manager; and Corrine Heine, Acting 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/Sandahl, S/Stokes to approve the minutes of the Special City Council Meeting of April 27, 1992; the minutes of the regular City Council Meeting of April 27, 1992; and the minutes of the City Council Study Session of May 4, 1992. Motion carried 5-0. 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. Item #2 PRESENTATION OF PROCLAMATION DESIGNATING MAY 11-15, 1992 SMALL BUSINESS L~IEEK IN EICHFIELD Council Member Ludeman read and presented a proclamation designating May 11-15, 1992 as Small Business Week in Richfield to Richfield Chamber of Commerce President Bill Snyder and past president Bill Fillmore. Mr. Snyder invited the public to the Salute to Small Business D~?r_*~er on May 20 at the American Legion. Council Meeting Minutes -2- May 11, 1992 Item #3 PRESENTATION OF PROCLAMATION DESIGNATING MAY 13, 1992 CITY OF RICHFIELD EMPLOYEE HEALTH AND FITNESS DAY Council Member Stokes read and presented a proclamation designating May 13, 1992 as City of Richfield Employee Health and Fitness Day to Public Safety Director Erskine. Item #4 COUNCIL APPROVAL OF AGENDA M/Sandahl, S/Bullock to approve the a eg nda. Motion carried 5-0. Item #5 CONSENT CALENDAR Council Member Ludeman requested that Consent Calendar Items 5E. and 5F. be removed from the Consent Calendar for consideration. Mayor Kirsch stated that Consent Calendar Items 5E. "Consideration of Approval of Purchase in Excess of $5,000 for two mowers for Rich Acres Golf Course from MTI Distributing, Inc. in the amount of 58,300 for Toro Greensmaster 3000 and $9,208 for Toro Groundsmaster 325D Rotary"; and 5F. "Consideration of Approval of Bid Minutes/Tabulation and award of contract for five unit fairway mower to M.T.I. Distributing Company in the amount of $26,895" would be removed from the Consent Calendar and placed on the regular agenda as Items 11A. and 11B. 5A. APPROVED RESOLUTION AMENDING 1991 GENERAL FUND BUDGET C.L. 108. RESOLUTION NO. 7868 RESOLUTION AUTHORIZING REVISION OF 1991 BUDGETS OF VARIOUS DEPARTMENTS This resolution appears as Resolution No. 7868 in Resolution Book No. 61. B. APPROVED RESOLUTION APPROVING LABOR AGREEMENT BETWEEN THE CITY OF RICHFIELD AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 1215 BARGAINING UNIT FOR THE YEARS 1992 AND 1993 G.L. 109 Council Meeting Minutes -3- May 11, 1992 RESOLUTION NO. 7$69 RESOLUTION APPROVING LABOR AGREEMENT BETWEEN THE CITY OF RICHFIELD AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 1215 BARGAINING UNIT FOR THE YEARS 1992 AND 1993 This resolution appears as Resolution No. 7869 in Resolution Book No. 61. C. APPROVED PURCHASE IN EXCESS OF $5,000 FOR SEASONAL STREET MAINTENANCE SUPPLIES FROM COMMERCIAL ASPHALT COMPANY IN THE AMOUNT OF $8,080 C.L. 110 D. APPROVED PURCHASE IN EXCESS OF $5,000 FOR PLAYFEATURE COMPONENTS WITH INSTALLATION AND RESILIENT PLAY SURFACE AT TAFT PARK FROM EARL F. ANDERSEN, INC. IN THE AMOUNT OF 510,482.05 C.L. 111 E. Removed from the Consent Calendar and placed on the regular agenda as Item #11A. _ F. Removed from the Consent Calendar and placed on the regular agenda as Item #11B. M/Ludeman, S/Sandahl to approve the consent calendar as amended. Motion carried 5-0. Item #6 PUBLIC HEARING AND SECOND READING OF ORDINANCE AMENDING CURRENT SWINIIrIING POOL ORDINANCE. C.L. NO. 114 City Manager Prosser reviewed Council Letter No. 114 regarding a proposed ordinance amendment to update the current swimming pool ordinance to define the City's health authority, clarify the definition of a public swimming pool, to give the City authority to charge a license fee of $85 for the inspection of public swimming pools, and to include language related to health and safety issues. M/Sandahl, S/Bullock to close the public hearing. Motion carried 5-0. M/Bullock, S/Sandahl that this constitute Second Reading of Bill No. 1992-9, Amendment to Section 420 - "Swimming Pools" that it be published in the official newspaper and that it be made part of these minutes. Motion carried 5-0. Council Meeting Minutes -4- May 11, 1992 M/Bullock, 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. 7870 RESOLUTION AMENDING CERTAIN PROVISIONS OF RESOLUTION 7839 ENTITLED "RESOLUTION ESTABLISHING 1992 LICENSE, PERMIT AND MISCELLANEOUS FEES PURSUANT TO THE PROVISIONS OF APPENDIX D OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD RESCINDING RESOLUTION NO. 7812" Motion carried 5-0. This resolution appears as Resolution No. 7870 in Resolution Book No. 61. Item #7 PUBLIC HEARING AND CONSIDERATION OF RESOLUTION AUTHORIZING SUBDIVISION WAIVER AT 7629-35 AND 7639-45 LOGAN AVENUE. C.L. NO. 115 City f~laPaager Prosser re~ie~aed Council Letter No. 115 regarding the request of Leaseback Properties Limited Partnership for a subdivision waiver to divide 7629-35 and 7639-45 Logan Avenue into two separate lots with a commercial building on each lot. Council Member Ludeman inquired about the variances granted for this property. City Manager Prosser reviewed the Hearing Examiner's decision in case No. 92-V-3 granting the setback variances. M/Bullock, S/Sandahl to close the public hearing. Motion carried 5-0. M/Ludeman, S/Sandahl that the following resolution be aa°nted; that it be spread in the resolution book and that it be made part of these minutes: RESOLUTION NO. 7871 RESOLUTION AUTHORIZING SUBDIVISION WAIVER (7629-35 AND 7639-45 LOGAN AVENUE) Motion carried 5-0. This resolution appears as Resolution No. 7871 in Resolution Book No. 61. 1 ~i Council Meeting Minutes -5- May 11, 1992 Item #8 CONSIDERATION OF REQUEST FOR AMENDMENT TO CONDITIONAL USE PERMIT FOR PARENT-INFANT EDUCATION PROGRAM AT LINCOLN HILLS CENTER, 7440 PENN AVENUE. C.L. NO. 116 City Manager Prosser reviewed Council Letter No. 116 regarding the request of the Parent-Infant Education (PIE) Day Care Program for an amendment to their conditional use permit to allow enrollment to be increased from 25 children to 40 children by using one additional classroom at Lincoln Hills Center, 7440 Penn Avenue. M/Ludeman, S/Sandahl to close the public hearing. Motion carried 5-0. M/Bullock, S/Ludeman to approve the amendment to the conditional use permit for the Parent-Infant Education Program to allow enrollment of up to 40 children in 3 classrooms at Lincoln Hills Center, 7440 Penn Avenue. Motion carried 5-0. Item #9 CONSIDERATION OF FIRST READING OF AMENDMENT TO THE CITY CHARTER. C.L. NO. 117 City Manager Prosser reviewed Council Letter No. 117 regarding the recommendations of the Charter Commission for a charter amendment to clarify Council vacancy issues. Discussion followed regarding the proposed Charter amendment and whether it also addressed the reference to an "annual" election. City Manager Prosser stated the issue of a comprehensive update and review by the Charter Commission to address outdated or ambiguous language is being considered. Acting City Attorney Heine stated she would review the "annual" election Charter language. City Manager Prosser stated that Minnesota Statute 410.12, Subd. 7 stated-that adoption of a Charter amendment by the City Council requires an affirmative vote of all its members. Therefore, the City Council should consider the ability of all members to be present at the meeting scheduled for second _ reading. Council Meeting Minutes -6- May 11, 1992 Discussion followed regarding a Council meeting date in June or July at which all five members would be present. Because of scheduling conflicts for Council Members, it was determined a Special City Council Meeting would be scheduled for conduct of the public hearing and second reading. City Manager Prosser stated he would contact the Council Members to determine a date certain for the meeting. He stated published notice of the Charter amendment public hearing, including the text of the amendment, would be published in the newspaper. Interested public could also call the City Clerk to find out the date of the hearing. M/Sandahl, S/Stokes that this constitute the First Reading of this ordinance amending the City Charter and-that the Public Hearing and Second Reading be scheduled for date to be determined and notice of said public hearing date and time shall be published. Motion carried 5-0. Item #10 CONSIDERATION OF APPROVAL OF PURCHASE NOT TO E]CCEED $30,000 TO BRW, INC. FOR PRELIMINARY ENGINEERING WORK NEEDED PRIOR TO PERFORMING RIGHT OF WAY ACQUISITIONS FOR 77TI3 STREET RECONSTRUCTION PROJECT. C.L. NO. 118 City Manager Prosser reviewed Council Letter No. 118 regarding approval of an expenditure of $30,000 from Municipal State Aid funds for preliminary engineering work on the 77th Street Reconstruction Project. M/Ludeman, S/Bullock to authorize the expenditure of $30,000 from Municipal State Aid (MSA) funds for BRW Inc. to assist the City in the preparation of a design study report and a right-of- way plan and parcel sketches for the 77th Street Reconstruction Pro, j ect . Motion carried 5-0. Item #11 CONSIDERATION OF WHETHER TO HOLD A COUNCIL MEETING ON MAY 25, 1992. C.L. NO. 119 City Manager Prosser reviewed Council Letter No. 119 recommending that the City Council cancel the May 25, 1992 Council meeting because of the Memorial Day Holiday and that a Special City Council Meeting be scheduled for May 20, 1992 for consideration of activities related to the 77th Street Reconstruction Pro,~ect. Council Meeting Minutes -7- May 11, 1992 M/Sandahl, S/Bullock to cancel the May 25, 1992 City Council Meeting and to schedule a Special City Council Meeting for Wednesday,, May 20, 1992 at 4:30 p.m. for the purpose of consideration of actions related to the 77th Street Reconstruction Pro ect. Motion carried 5-0. Item #11A CONSIDERATION OF APPROVAL OF PURCHASE IN EXCESS OF $5,000 FOR TWO MOWERS FOR RICH ACRES GOLF COURSE FROM M.T.I. DISTRIBUTING, INC. IN THE AMOUNT OF $8,300 FOR TORO GREENSMASTER 3000 AND $9,208 FOR TORO GROUNDSMASTER 325D ROTARY. C.L. N0. 112 Council Member Ludeman asked questions regarding the depreciation schedules for golf course mowers. Community Services Fondrick reviewed the depreciation, reliability, and use factors related to equipment replacements. M/Ludeman, S/Bullock to approve purchase orders to M.T.I. Distributing., Inc. in the amount of 58,300 for the Toro Greenmaster 3000 and in the amount of 59,208 for the Toro Groundmaster 325D RotarX. Motion carried 5-0. Item #118 CONSIDERATION OF APPROVAL OF BID MINUTES/TABULATION AWARD OF CONTRACT FOR FIVE UNIT FAIRWAY MOWER TO M.T.I. DISTRIBUTING COMPANY IN THE AMOUNT OF $26,895. C.L. N0. 113 M/Ludeman, S/Bullock to accept the bid minutes/tabulation and award a contract to M.T.I. Distributing Company in the amount of 526,895 for a five unit hydraulic fairway mower. Motion carried 5-0. f Council Meeting Minutes Item #12 AIRPORT STATUS REPORT -8- May 11, 1992 City Manager Prosser reviewed the status of the following airport issues: * F.A.A. funding availability for the New Ford Town/Rich Acres Buyout * The next Neighborhood Residents Committee meeting of May 16 * The deadline for comments on the Runway 4-22 Extension Draft EIS * Part 150 Program Item #13 LEGISLATIVE REPORT The City Council discussed the importance of communicating t© the Legislature the ne®d to g~rot®ct the integrity of the Local Government Aid (LGA) Trust Fund so that is not used by the State to balance their budget. Item #14 COUNCIL DISCUSSION ITEMS None Item #15 CLAIMS AND PAYROLLS M/Ludeman, S/Bullock that the following claims and payrolls be approved: RICHFIELD STATE BANK Checks 15286-15347; 32732-32992 $1,018,296.86 FIRST MINNESOTA Check 1138-1139 $ 16,000.00 FIRST WESTERN BANK Checks 6784-6807 $ 957,220.75 Checks 56098-56116; 56960-57286 Payroll $ 350,057.94 Motion carried 5-0. ~~ Council Meeting Minutes ADJOURNMENT -9- May 11, 1992 M/Ludeman, S/Bullock to adjourn the meeting. Motion carried 5-0. The meeting was adjourned at 7:50 p.m. u 'i Date Approved: 6/8/ 92 l [ Thomas P. Ferber City Clerk r Mar in J. rsch Mayor D. Prosser Manager