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07-27-1992 CITY OF RICHFIELD, MINNESOTA REGULAR CITY COUNCIL MEETING July 27, 1992 MEMBERS PRESENT: Martin Kirsch, Mayor; Kristal Stokes; and William Bullock. MEMBERS ABSENT: Ivan Ludeman and Michael Sandahl. STAFF PRESENT: James Prosser, City Manager; Steven Devich, Administrative Services Director; Thomas P. Ferber, City Clerk; Donald Fondrick, Community Services Director; Jack Erskine, Public Safety Director; William Fillmore, Liquor Operations Director; 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/Stokes, S/Bullock to agflrove the minutes of the City Council Study Session of July 13. 1992; and the minutes of the regular City Council Meetincl of July 13. 1992. Motion carried 3-0. Item #1 OPPORTUNITY FOR PERSONS TO ADDRESS THE CITY COUNCIL ON ANY ITEM NOT LISTED ON THE AGENDA. Bill Snyder, Vice President of the Richfield Optimist Club, invited the public to the Optimist Club Hole-in-One Contest fund- raiser July 30-August 1 at the Rich Acres Golf Course. Item #2 PRESENTATION OF CERTIFICATE OF APPRECIATION TO MIKE FARRELL. Council Member Bullock read and presented a Certificate of Appreciation to Mike Farrell in recognition of his 4050 mile bike trip from Fairbanks, Alaska to Encinada, Mexico to raise funds for the American Lung Association. Mike Farrell, 6808 Russell Avenue, thanked those who supported him and spoke in favor of bicycling as a means of transportation. Council Meeting Minutes -2- July 27, 1992 Item #3 PRESENTATION OF PROCLAMATION DESIGNATING AUGUST 4, 1992 NATIONAL NIGHT OUT IN RICHFIELD. Council Member Stokes read and presented a proclamation designating August 4, 1992 as National Night Out in Richfield to Public Safety Director Erskine. Mayor Kirsch urged residents to participate in this event. Item #4 PRESENTATION OF THE 1992 MINNESOTA RECREATION AND PARK ASSOCIATION AWARD OF EXCELLENCE FOR FRIENDS OF WOOD LAKE. C.L. NO. 170 Ron Schwarz, representing the Minnesota Recreation and Park Association (M.R.P.A.), presented the 1992 M.R.P.A. Award of Excellence to the Friends of Wood Lake (FOWL). Bernie Mittlestead-~; FOWL Vice Chai~°, accepic®d %he awa~°d and recognized the FOWL Board members for their volunteer efforts. Item #5 COUNCIL APPROVAL OF AGENDA M/Bullock, S/Stokes to approve the agenda. Motion carried 3-O. Item #6 CONSENT CALENDAR Council Member Bullock requested that Consent Calendar Item 6B be removed and placed on the regular agenda for consideration. Mayor Kirsch directed that "CONSIDERATION OF APPROVAL RESOLUTION APPROVING LABOR AGREEMENT BETWEEN CITY OF RICHFIELD AND LAW ENFORCEMENT LABOR SERVICES (EELS) LOCAL 123 BARGAINING UNIT FOR YEARS 1992, 1993 AND 1994 C.L. 172" be removed from the Consent Calendar and placed on the regular agenda as Item 14A. bA. APPROVED RESOLUTION ESTABLISHING JUST COMPENSATION AND AUTHORIZING PURCHASE OF PROPERTY, 7645 11TH AVENUE; 77TH STREET PROJECT C.L. 171 Council Meeting Minutes -3- July 27, 1992 RESOLUTION NO. 7893 RESOLUTION ESTABLISHING JUST COMPENSATION, AUTHORIZING PURCHASE OF REAL PROPERTY 7645 11TH AVENUE This resolution appears_as Resolution No. 7893 in Resolution Book No. 61. • B. Removed from the Consent Calendar to be considered on the regular agenda as Item 14A. C. APPPROVED RESOLUTION TO ESTABLISH ONE TIME EARLY RETIREMENT/HEALTH INSURANCE PROGRAM FOR CERTAIN CITY OF RICHFIELD EMPLOYEES C.L. 173 RESOLUTION NO. 7894 RESOLUTION ESTABLISHING A FORMAL EARLY RETIREMENT HEALTH INSURANCE PROGRAM This resolution appears as Resolution No. 7894 in Resolution Book No. 61. D. APPROVED REQUEST BY CHURCH OF ASSUMPTION FOR ON-SALE NON- INTOXICATING MALT LIQUOR LICENSE, ITINERANT PLACE OF AMUSEMENT LICENSE, AND ITINERANT FOOD LICENSE WITH FEE WAIVER FOR 1992 FUN FEST ON AUGUST 15 AND 16, 1992 C.L. 174 E. APPROVED SETTING PUBLIC•HEARING DATE FOR CONSIDERATION OF ISSUANCE OF NEW ON-SALE LIQUOR LICENSE FOR PAISAN INCORPORATED d/b/a KHAN'S MONGOLIAN BARBEQUE, 500 EAST 78TH STREET C.L. 175 F. APPROVED BID MINUTES/TABULATION AND AWARD OF CONTRACT FOR 1992 SEALCOATING PROJECT TO ALLIED BLACKTOP, INC. IN THE AMOUNT OF $54,174.40 C.L. 176 G. APPROVED AWARD OF CONTRACT FOR PAVEMENT REHABILITATION- LYNDALE AVENUE AND 76TH STREET, TO MIDWEST ASPHALT CORPORATION IN THE AMOUNT OF $147,609.90 C.L. 177 H. APPROVED APPLICATION FOR COMMERCIAL KENNEL LICENSE, WOODLAKE VETERINARY HOSPITAL, 6436 LYNDALE AVENUE C.L. 178 M/Bullock, S/Stokes to approve the Consent Calendar as amended. Motion carried 3-0. Council Meeting Minutes -4- July 27, 1992 Item #7 PUBLIC HEARING REGARDING RENEWAL OF RESIDENTIAL KENNEL LICENSE, 6732 11TH AVENUE, 4 DOGS (CONTINUED FROM JUNE 22, 1992), C.L. NO. 179 City Manager Prosser reviewed Council Letter No. 179 recommending approval of the renewal of a residential kennel license for four dogs to Sharon Trego, 6732 11th Avenue. Sharon Trego, 6732 11th Avenue, stated that a privacy fence had been installed and that she had volunteered to use the mediation service to resolve the problems with her neighbor, Mr. Pertler. M/Bullock, S/Stokes to close the public hearin Motion carried 3-0. Council Member Stokes noted that the issues between the Trego's and Pertler's go beyond the kennel license. She encouraged them to continue trying to address these issues. Council Member Stokes stated she had contacted the Hennepin County Day Care Association regarding the issue raised at the June 22 hearing pertaining to dogs at a day care provider's residence. She stated that dogs were approved pets for a day care facility and the Trego residence was in compliance with County regulations. Council Member Bullock stated that denial of this residential kennel license would only remove 2 dogs and not solve the neighbor problem. He recommended the use of mediation to help resolve such issues and noted the Trego's had agreed to use mediation. He stated that approval of this residential kennel license would not adversely affect the neighborhood. M/Bullock, S/Stokes-to-apyrove the renewal of a residential kennel license for four dogs to Sharon Trego, 6732 11th Avenue. Motion carried 3-0. Item #8 PUBLIC HEARING TO ADOPT SPECIAL ASSESSMENT ROLL FOR CITY PROJECT NO. 864, 1991 ALLEY MAINTENANCE FOR PERIOD JANUARY 1, 1991 THROUGH DECEMBER 31, 1991. C.L. NO. 180 City Manager Prosser reviewed Council Letter No. 180 recommending adoption of the assessment roll for City Project No. 864, alley maintenance for the period of January 1 - December 31, 1991. Council Meeting Minutes -5- July 27, 1992 Mayor Kirsch indicated that some residents had expressed concern about possible damage from snow being pushed against their garages. Community Services Director Fondrick reviewed the impact of last year's heavy snowfalls and indicated that residents could contact the City if any accidental damage occurs. He reviewed the extra costs that result from hauling snow. M/Bullock, S/Stokes to close the public hearing. Motion carried 3-0. 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 NO. 7895 RESOLUTION ADOPTING ASSESSMENT ON CITY PROJECT NO. 864 ALLEY MAINTENANCE FOR THE PERIOD JANUARY 1 - DECEMBER 31, 1991 Motion carried 3-O. This resolution appears as Resolution No. 7895 in Resolution Book No. 61. Item #9 PUBLIC HEARING TO ADOPT SPECIAL ASSESSMENT ROLL FOR CITY PROJECT N0. 862, LHN MAINTENANCE FOR PERIOD JANUARY 1, 1991 THROUGH DECEMBER 31, 1991. C.L. N0. 181 City Manager reviewed Council Letter No. 181 recommending adoption of the assessment roll for City Project No. 862, LHN Maintenance for the period of January 1 - December 31, 1991. M/Stokes, S/Bullock to close the public hearing. Motion carried 3-0. M/Stokes, S/Bullock 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. 7896 RESOLUTION ADOPTING ASSESSMENT ON CITY PROJECT NO. 862 LHN MAINTENANCE FOR THE PERIOD JANUARY 1 - DECEMBER 31, 1991 Motion carried 3-O. This resolution appears as Resolution No. 7896 in Resolution Book No. 61. Council Meeting Minutes -6- July 27, 1992 Item #10 PUBLIC HEARING TO ADOPT SPECIAL ASSESSMENT ROLL FOR CITY PROJECT NO. 863, ILN MAINTENANCE FOR PERIOD JANUARY 1, 1991 THROUGH DECEMBER 31, 1991. C.L. NO. 182 City Manager reviewed Council Letter No. 182 recommending adoption of the assessment roll for City Project No. 863, ILN Maintenance for the period of January 1 - December 31, 1991. M/Stokes, S/Bullock to close the public hearincx. Motion carried 3-O. M/Stokes, S/Bullock 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. 7897 RESOLUTION ADOPTING ASSESSMENT ON CITY PROJECT NO. 863 ILN MAINTENANCE FOR THE PERIOD JANUARY 1 - DECEMBER 31, 1991 Motion carried 3-O. This resolution appears as Resolution No. 7897 in Resolution Hook No. 61. Item #11 PUBLIC HEARING ON ADOPTION OF ASSESSMENT ROLL FOR REMOVAL OF DISEASED TREES FROM PRIVATE PROPERTY FOR PERIOD JANUARY 1, 1991 THROUGH DECEMBER 31, 1991. C.L. N0. 183 City Manager Prosser reviewed Council Letter No. 183 recommending the adoption of the assessment roll for the removal of diseased trees from private property for the period of January 1 - December 31, 1991. Community Services Director Fondrick reviewed the process and options available for the removal of diseased trees. M/Stokes, S/Bullock to close the public hearing. Motion carried 3-O. Council Meeting Minutes -7- July 27, 1992 M/Stokes, S/Bullock 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. 7898 RESOLUTION ADOPTING ASSESSMENT ON REMOVAL OF DISEASED TREES FROM PRIVATE PROPERTY FOR THE PERIOD OF JANUARY 1, 1991 TO DECEMBER 31, 1991 Motion carried 3-0.~ This resolution appears as Resolution No. 7898 in Resolution Book No. 61. Item #12 PUBLIC HEARING TO CONSIDER SPECIALLY ASSESSING CURRENT MAINTENANCE SERVICES FOR CITY ALLEYS FOR PERIOD JANUARY 1 THROUGH DECEMBER 31, 1993, CITY PROJECT NO. 883. C.L. NO. 184 1 City Manager Prosser reviewed Council Letter No. 184 recommending approval of City Project No. 883, assessment. of maintenance services for City alleys for the period of January 1 - December 31, 1993. M/Bullock, S/Stokes to close the public hearing'. Motion carried 3-0. M/Bullock, S/Stokes that the following resolution be adopted; that it be spread in the resolution book and that it be made wart of these minutes: RESOLUTION NO. 7899 RESOLUTION ORDERING THE UNDERTAKING OF CURRENT SERVICES PROJECT FOR ALLEY MAINTENANCE JANUARY 1, 1993 THROUGH DECEMBER 31, 1993 CITY PROJECT N0. 883 Motion carried 3-0. This resolution appears as Resolution No. 7899 in Resolution Book No. 61. Council Meeting Minutes -S- July 27, 1992 Item #13 PUBLIC HEARING TO CONSIDER SPECIALLY ASSESSMENT LHN AREA FOR CURRENT MAINTENANCE SERVICES FOR PERIOD OF JANUARY 1 THROUGH DECEMBER 31, 1993. CITY PROJECT NO. 881. C.L. NO. 185 City Manager Prosser reviewed Council Letter No. 185 recommending approval of City Project No. 881, assessment of the LHN area for the maintenance services for the period of January 1 - December 31, 1993. M/Bullock, S/Stokes to close the public hearing. Motion carried 3-0. 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 NO. 7900 RESOLUTION ORDERING UNDERTAKING OF CURRENT SERVICE PROJECT LYNDALE/HUB/NICOLLET (LHN) MAINTENANCE JANUARY 1 THROUGH DECEMBER 31, 1993 CITY PROJECT NO. 881 Motion carried 3-0. This resolution appears as Resolution No. 7900 in Resolution Book No. 61. Item #14 PUBLIC HEARING TO CONSIDER SPECIALLY ASSESSING ILN AREA FOR CURRENT MAINTENANCE SERVICES FOR PERIOD OF JANUARY 1 THROUGH DECEMBER 31, 1993, CITY PROJECT NO. 874 C.L. NO. 186 City Manager Prosser reviewed Council Letter No. 186 recommending approval of_City Project No. 874, assessment of the ILN area for maintenance services for the period of January 1 - December 31, 1993. M/Stokes, S/Bullock to close the public hearing. Motion carried 3-0. M/Stokes, S/Bullock that the following resolution be adopted; that it be spread in the resolution book and that it be made Dart of these minutes: Council Meeting Minutes -9- July 27, 1992 RESOLUTION NO. 7901 RESOLUTION ORDERING THE UNDERTAKING OF CURRENT SERVICE PROJECT FOR INTERSTATE/LYND~LE/NICOLLET (ILN) MAINTENANCE JANUARY 1, 1993 THROUGH DECEMBER 31, 1993 CITY PROJECT NO. 874 Motion carried 3-0. This resolution appears as Resolution No. 7901 in Resolution Book No. 61. Item #14A CONSIDERATION OF APPROVAL RESOLUTION APPROVING LABOR AGREEMENT BETWEEN CITY OF RICHFIELD AND LAW ENFORCEMENT LABOR SERVICES (EELS) LOCAL 123 BARGAINING UNIT FOR YEARS 1992, 1993 AND 1994. C.L. NO. 172 City Manager Prosser reviewed Council Letter No. 172 regarding approval of the Labor Agreement between the City of Richfield and the Law Enforcement Labor Services (EELS) Local 123 for the years 1992, 1993, and 1994. He stated that the approval is contingent upon the execution of the negotiated Bargaining Agreement by EELS. M/Stokes, S/Bullock 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. 7902 RESOLUTION APPROVING LABOR AGREEMENT BETWEEN THE CITY OF RICHFIELD AND LAW ENFORCEMENT LABOR SERVICES (EELS) LOCAL 123 BARGAINING UNIT FOR THE YEARS 1992, 1993 AND 1994 Motion carried 3-0. This resolution appears as Resolution No. 7902 in Resolution Book No. 61. Item #15 AIRPORT STATUS REPORT City Manager Prosser reviewed the following airport issues: • F.A.A. meeting scheduled with the City regarding Runway 4-22 Extension Draft E.I.S. comments; • New Ford Town/Rich Acres Neighborhood group scheduled meeting with MAC regarding progress to establish a timetable for the buyout; Council Meeting Minutes -10- July 27, 1992 • Potential litigation by the City of Minneapolis to challenge buyout; • Noise monitoring system installation; • Contact with the legislature regarding replacement of tax revenue loss from the NFT/RA buyout; and • Part 150 sound insulation program. Item #16 LEGISLATIVE REPORT None Item #17 COUNCIL DISCUSSION ITEMS Council Member Bullock recognised the achievement of Richfield native Steve Holman in making the U.S. Olympic Team. Mayor Kirsch announced that former Miss Richfield Karen Althen had been chosen as an Aquatennial Princess. Item #18 CLAIMS AND PAYROLLS M/Bullock, S/Stokes that the following claims and payrolls be approved: RICHFIELD BANK & TRUST CO. Checks 15591-15646; 34178-34419 $1,297,911.68 NORWEST BANK Check 1147 $ 9,000.00 FIRSTAR BANK Checks 6907-6932 51,046,381.21 Checks 57841-57876; 59174-59615 S 397,026.18 Motion carried 3-0. Council Meeting Minutes ADJOURNMENT -11- M/Stokes, S/Bullock to adjourn the meeting. Motion carried 3-0. The meeting was adjourned at 7:56 p.m. 1 Date Approved: 8/ 10/ 92 ~~1~~ ~~ Thomas P. Ferber City Clerk July 27, 1992