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04-09-1990CITY OF RICHFIELD, MINNESOTA REGULAR CITY COUNCIL MEETING April 9, 1990 MEMBERS PRESENT: Steven Quam, Mayor; Edwina Garcia; Ivan Ludeman; Martin Kirsch; and 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 7:00 p.m. PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE Mayor Quam led the audience in the Pledge of Allegiance. APPROVAL OF MINUTES M/Kirsch, S/Garcia to approve the minutes of the City Council Executive Session of March 26, 1990; the minutes of the regular City Council Meeting of March 26. 1990; the minutes of the City Council Executive Session of April 2, 1990; and the minutes of the Study Session Meeting of April 2, 1990. Motion carried 5-0. Item #1 PRESENTATION OF PROCLAMATION TO CHERILL LINDQUIST, RICHFIELD HISTORICAL SOCIETY, DESIGNATING APRIL 17 AS CHERILL LINDQUIST DAY. Mayor Quam read and presented a proclamation to Cherill Lindquist designating April 17, 1990 as Cherill Lindquist Day in recognition of her service to the Richfield Historical Society. 1, Council Meeting Minutes -2- April 9, 1990 Item #2 PRESENTATION OF MAYOR'S LEADERSHIP AWARDS TO STUDENTS FROM ACADEMY OF THE HOLY ANGELS AND RICHFIELD HIGH SCHOOL. C.L. NO. 91 Mayor Quam reviewed the Youth Leadership Award. program criteria and announced the following as 1990 Youth Leadership Award recipients: James Wyckoff Daniel O'Rourke Eric Meyer Brian Lieser Heather Rybak Mandy Potter Lynnae Schmitt Mayor Quam presented the awards to the recipients and parents of recipients who were present. Item #3 PRESENTATION HONORING COMMISSION VOLUNTEERS, JACK DUTCH AND JANE MYRE, FOR SERVING THREE TERMS ON THE CITY'S HOARDS AND COMMISSIONS. Mayor'Quam and the City Council presented certificates of appreciation to commission volunteers Jack Duich and Jane Myre for their service to the community. Item #4 PROCLAMATION DESIGNATING APRIL 22 AS ARBOR DAY AND MAY AS ARBOR MONTH. C.L. NO. 92 Mayor Quam read a proclamation designating April 22, 1990 as Arbor Day and May as Arbor Month in the City of Richfield. M/Garcia, S/Kirsch to approve the official proclamation designating April 22, 1990 as Arbor Day and May 1990 as Arbor Month in the City of Richfield. Motion carried 5-0. Council Meeting Minutes -3- April 9, 1990 Item #5 OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON ANY ITEM NOT LISTED ON THE AGENDA. Lawrence Crosby, Attorney for the Richfield Citizens Against Pornography (R.C.A.P) group, stated concerns about the rental and sale of certain types of videos. He asked that the City take enforcement action against the video stores using a state statute regarding obscenity. Martin Costello, City of Richfield Prosecuting Attorney, reviewed the municipal prosecution case load, prosecution priorities, and budgetary restraints. He stated that he was not aware of any city which had attempted prosecution under this statute., Mr. Costello indicated any case prosecuted under this Statute would likely go to the Supreme Court as a test case, making it very expensive. He stated that contact had been made with the County Attorney and Attorney General regarding the possibility of their prosecution of such a case. [1 ~I~I Public Safety Director Erskine reviewed issues related to enforcement under this statute and contacts that have been made with video store operators. He also stated that Mr. Costello and himself had met several times with the R.C.A.P group. Mr. Crosby stated he thought Winona had successfully used the statute. Martin Costello reviewed the difficulties in determining the "Community Standard" as required by law. He stated that once the law is clarified or a pilot case tried, prosecutions could be more feasible. Council Member Ludeman stated concern about the negative impact of pornography on society and youth in particular. Public Safety Director Erskine and City Attorney Dean reviewed the statutes and ordinances which are being enforced that prohibit access of such materials to minors. Thomas Hlady, 6309 Morgan Avenue, R.C.A.P, stated that he felt these materials were negatively affecting youth. He stated he thought the City's strategy did not work. Council discussion followed regarding how the Winona case was prosecuted and it's impact. case. City Manager Prosser stated City staff would review the Council Meeting Minutes -4- Item #6 COUNCIL APPROVAL OF AGENDA M/Ludeman, S/Garcia to approve the agenda. Motion carried 5-0. Item #7 CONSENT CALENDAR April 9, 1990 A. APPROVED PURCHASE IN EXCESS OF $5,000 FROM BOUNDARY WATERS DRILLING SUPPLY WITH AN ESTIMATED PURCHASE PRICE OF $8,225 FOR ONE GROUTMASTER MINI PUMP FOR USE IN STORM SEWER CATCHBASIN AND MANHOLE REPAIR. C.L. NO. 93 B. APPROVED AWARD OF CONTRACT TO BOERMAN AND ASSOCTAmES FOR CONSULTING SERVICES RELATED TO A CITY HALL SPACE UTILIZATION STUDY FOR AN AMOUNT NOT TO EXCEED $10,000. C.L. NO. 94 C. APPROVED REQUEST FOR $60,000 FROM THE 1990 URBAN HENNEPIN COUNTY CDBG DISCRETIONARY ACCOUNT FOR THE REHABILITATION DEFERRED LOAN PROJECT. C.L. NO. 95 D. Removed from the Consent Calendar and placed on the Regular Agenda as Item #11A. E. APPROVED APPLICATION FOR NEW MOTOR VEHICLE DEALERS LICENSE FOR HOST RENT-A-CAR DHA AMERICAN INTERNATIONAL RENT-A-CAR, 1400 EAST 78TH STREET. F. APPROVED RENEWAL APPLICATION FOR TINERANT PLACE OF AMUSEMENT LICENSE FOR HUB MERCHANS ASSOCIATION. G. APPROVED RENEWAL APPLICATION FOR COMMERCIAL GARBAGE AND REFUSE COLLECTION LICENSE, KNUTSON RUBBISH SERVICE, INC. 15120 CHIPPENDALE AVENUE, ROSEMOUNT. M/Garcia, S/Sandahl to approve the Consent Calendar as amended. Motion carried 5-0. 1 Council Meeting Minutes -5- April 9, 1990 Item #8 CONSIDERATION OF REVOCATION OF THE CONDITIONAL USE PERMIT FOR WALSER HUICK 2100 WEST 78TH STREET (CONTINUED FROM MARCH 26, 1990). C.L. NO. 97. City Manager Prosser reviewed Council Letter No. 97 regarding consideration of revocation of a conditional use permit previously issued to Walser Corporation at 2100 West 78th Street because the condition of the approval to remove the three billboard type signs has not been met. Peter Beck, Attorney for Walser Corporation, asserted that the condition requiring removal of the signs without compensation was unlawful citing State Statute 173.17(4) as a basis for his opinion. He asked that all prior reports be made part of the hearing: He reviewed Walser's assertions in refusing to remove the signs as outlined in his February 12, 1990 letter to City Attorney Dean. James Bergin, 7627 Oliver Avenue, stated that Walser had not kept it's promises to the community, and now is threatening a lawsuit because of their failure to fulfill a condition upon which they were granted the right to expand the dealership. He stated they are only interested in Walser and not the community. Peter Heck reviewed past objections to the sign removal and stated Walser had made substantial improvements to the site. Mr. Beck answered questions regarding the purpose and use of the signs. M/Ludeman, S/Kirsch to close the public hearing. Motion carried 5-0. Council discussion followed with City Attorney Dean regarding the recommendation that the City Council authorize him to seek a declaratory judgement on the issue of the applicability of the State Statute to this issue. City Attorney Dean stated that after clarification of that issue, the City Council would then be in a better position to make a decision on the conditional use permit. M/Sandahl, S/Garcia to direct the City Attorney to seek a declaratory iudgement on the issue of the applicability of State Statute 173.1?(4) to this issue. Motion carried 5-0. f Council Meeting Minutes -6- April 9, 1990 Item #9 CONSIDERATION OF CONDITIONAL USE PERMIT TO ALLOW A RETAIL GLASS REPLACEMENT AND REPAIR COMPANY IN THE EXISTING STRUCTURE AT 1201 EAST 66TH STREET. C.L. NO. 98 City Manager Prosser reviewed Council Letter No. 98 regarding a request for a conditional use permit to allow a retail glass replacement and repair company at 1201 East 66th Street. He recommended approval with the following stipulations: 1. That three of the four driveways be eliminated with the southwest driveway remaining. 2. That the remaining driveway be widened to no less than 26'-0" and no more than 32'-0". 3. That one handicapped parking space and a ramp be provided for access for handicapped individuals. 4. That a landscape plan as part of the Energizing 66th Street plan be approved by staff. Charlene Anderson, repxesentii~g the ©wner ©f the pY©perty, her father Clifford Anderson, reviewed the history of the use of the property. She indicated that City Auto Glass had agreed to a 5 year lease with option to buy after 5 years. She stated concern about the costs of the driveway opening changes and landscaping. She suggested use of the special assessment process to accomplish these requirements. She stated that it would be preferable to allow one of the driveway openings on 66th Street to remain so that if the property is not sold to City Auto Glass, Mr. Anderson could again use it for his sign painting business. Cliff Anderson, 9408 Portland Avenue, owner of 1201 East 66th Street, stressed the importance of retaining two driveway openings to allow large vehicles access if the sign painting business again operates from the site. Sylvia Zeller, 6812 Antrium Road, owner of the adjacent apartments, stated concern about zoning and operational issue related to the site. City Manager Prosser explained the conditional use permit process. William C. Flick, owner of 1301, 1309-1325 East 66th Street spoke in support of Mr. Anderson's request to maintain two driveway openings. M/Garcia, S/Sandahl to close the public hearing., Motion carried 5-0. Council Meeting Minutes -7- April 9, 1990 Discussion followed regarding the use of the special assessments to finance the improvements, landscaping issues, and options to address the driveway opening issue. M/Sandahl, S/Quam to approve the conditional use permit to allow a retail glass replacement company at 1201 East 66th Street and to authorize the use of a special assessment for the landscaping, and driveway improvements subject to the following stipulations: 1. That no less than two of the four driveways be eliminated with City approval of which remain. 2. That the remaining driveways be widened to no less than 26'-0" and no more than 32'-0". 3. That one handicapped parking space and a ramp be provided for access for handicapped individuals. 4. That a landscape plan as part of the Energizing 66th Street plan be approved by staff. 5. That the owner and lessee enter into a stipulation agreement that pursuant to the final sale of the property regarding removal of one of the two remaining driveways. Motion carried 5-0. Item #10 CONSIDERATION OF PLANNED UNIT DEVELOPMENT AMENDMENT FOR THE HUB SHOPPING CENTER TO INCLUDE AN ELECTRONIC READERBOARD AT 66TH STREET AND NICOLLET AND A TENANT SIGNAGE PYLON AT 66TH AND NICOLLET. C.L. NO. 99 City Manager Prosser reviewed Council Letter No. 99 regarding a request by Bradley Real Estate Trust for an amendment to the Hub Shopping Center planned unit development plan (PUD). Alan Reichstadt, Towle Real Estate, representing Bradley Real Estate Trust, owner of the Hub Shopping Center, summarized the amendment proposal as consisting of the following three elements: 1) Renovate existing 66th Street and Nicollet Avenue pylon sign including addition of an electronic readerboard. 2) Renovate tenant signage pylon sign at 66th Street main entrance. 3) Implement "Energizing 66th Street" landscape Plan. Dick Schramek, Lawrence Sign Co., demonstrated a sample of the electronic readerboard sign. Council Meeting Minutes -8- April 9, 1990 M/Sandahl, S/Kirsch to close the public hearing. Motion carried 5-0. M/Sandahl, S/Ludeman to approve the request for an amendment to the Planned Unit Plan (PUD) of the Hub Shopping Center to renovate the 66th Street and Nicollet Avenue pylon sign including an electronic readerboard and a tenant signaae nvlon_sian on 66th Street at the main center entrance with th followin stipulation: That the landscape plan implementing the "Energizing 66th Street" plan be approved by staff. Motion carried. 5-0. Item #11 CONSIDERATION OF FIRST READING OF A PROPOSED ORDINANCE TO AUTHORIZE THE CITY TO LEVY A LODGING TAX AND ESTABLISH A RICHFIELD TOURISM PROMOTION BOARD. C.L. NO. 100. City Manager Prosser reviewed Council Letter No. 100 regarding a proposed ordinance to authorize the City to levy a lodging tax and establish a Richfield Tourism Promotion Board. M/Ludeman, S/Kirsch that this constitute the First Reading of an ordinance to levy a lodging tax and establish a Richfield Tourism Promotion Hoard and that the Public Hearing and Second Reading of the ordinance be scheduled for the May 14, 1990 City Council Meeting.' Motion carried 5-0. Item #11A CONSIDERATION OF AWARD OF CONTRACT TO GREATAPES FOR AN AMOUNT NOT TO EXCEED $19,201 FOR VIDEO PRODUCTION SERVICES RELATED TO THE NEW FORD TOWN REDEVELOPMENT PLAN. C.L. NO. 96 (Removed from Consent Calendar) Council Member Sandahl stated concern about the financial condition of companies in this industry. City Attorney Dean reviewed payment retainage issues. He indicated that City staff would investigate and review the financial condition of the company. C Council Meeting Minutes -9- April 9, 1990 M/Sandahl, S/Quam to award a contract, not to exceed 519,201, to Greatapes for Video reproduction services related to the New Ford Town Redevelopment Plan. Motion carried 5-0. Item #12. CONSIDERATION OF A MOTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE A SETTLEMENT AGREEMENT IN THE MATTER OF KNUTSON VS THE CITY OF RICHFIELD. C.L. NO. 101. City Manager Prosser reviewed Council Letter No. 101 regarding a proposed settlement agreement in the matter of Knutson vs. The City of Richfield. M/Sandahl, S/Garcia to authorize the Mayor and City Manager to execute a settlement agreement in the matter of Knutson vs. The City of Richfield. Motion carried 5-0. Item #13 COUNCIL RECEIPT OF THE UNAUDITED 1989 FINANCIAL REPORT C.L. NO. 102 City Manager Prosser reviewed Council Letter No. 102 regarding presentation to the City Council of the unaudited 1989 Financial Report. Council member Ludeman commented on the Water Fund Reserve Balance and Golf Course Fund. City Manager Prosser reviewed the capital improvements that are funded by the Water Fund Halance Reserve and reviewed the status of the Golf Course Fund. M/Sandahl, S/Ludeman to receive the unaudited 1989 Financial Report of the City. Motion carried 5-0. Item #14 LEGISLATIVE REPORT City Manager Prosser reviewed the status of proposed legislation regarding Tax Increment Financing (T.I.F.) and Local Government Aid (L.G.A.): Council Meeting Minutes -10- April 9, 1990 Item #15 COUNCIL DISCZJSSION ITEMS Norte. Item #16 CLAIMS AND PAYROLLS M/Sandahl, S/Kirsch that the following claims and payrolls be approved: RICHFIELD STATE BANK Checks 12595-12650; 109667-109980 5894,497.80 FIRST MINNESOTA Check 1103 S 20,000.00 ' FIRST WESTERN BANK Checks 5489-5506 5993,108.18 Checks 34272-34298; 35258-35563 Payroll 5318,143.36 ' Motion carried 5-0. ADJOURNMENT The meeting was adjourned by unanimous consgnt at 1~0~~.m. Date Approved: 4/23/9U ~~~ Thomas P. Ferber City Clerk ~Spe~iei~ J. ~Ci~ Mayor