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07-23-1990CITY OF RICHFIELD, MINNESOTA REGULAR CITY COUNCIL MEETING July 23, 1990 MEMBERS PRESENT: Edwina Garcia, Mayor Pro Tempore; Ivan Ludeman; Martin Kirsch; and Michael Sandahl. MEMBERS ABSENT: Mayor Steven Quam 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 Pro Tempore Garcia at 7:00 p.m. PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE Mayor Pro Tempore Garcia led the audience in the Pledge of Allegiance. APPROVAL OF MINUTES M/Sandahl, S/Ludeman to approve the minutes of the regular City Council Meeting of July 9.~ 1990: and the minutes of the Special Council Meeting of July 29, 1990. Motion carried 4-0. Item #2 PRESENTATION OF BOY SCOUTS OF AMERICA POST 2447 CHARTER TO RICHFIELD PUBLIC SAFETY. Crime Prevention Officer Tom Fitzhenry reviewed the functions of the new Richfield Public Safety Explorer post. He introduced Explorer Scouts Jarrod Grudzinski and Clyde McRae. Scouting Coordinator Nancy Fairbairn presented the Boy Scouts of America Post 2447 Charter to Public Safety Director Erskine. Item #3 OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON ANY ITEM NOT LISTED ON THE AGENDA. No one wished to address the council. Council Meeting Minutes -2- Item #4 COUNCIL APPROVAL OF AGENDA M/Ludeman, S/Sandahl to approve the agenda. Motion carried 4-0. Item #5 CONSENT CALENDAR July 23, 1990 A. APPROVED RESOLUTION PROPOSING AN AMENDMENT TO THE CITY CHARTER REGARDING FILING DATES FOR MUNICIPAL ELECTIVE OFFICE. C.L. NO. 177 RESOLUTION NO. 7647 A RESOLUTION PROPOSING AN AMENDMENT TO THE CITY CHARTER This Resolution appears as Resolut~,on NA o 76x7 { a~ Res©? Kati ®an Book No. 59. B. APPROVED RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE JOINT COOPERATION AGREEMENT WITH HENNEPIN COUNTY TO CONTINUE PARTICIPATION IN THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. (CDBG) RESOLUTION NO. 7648 RESOLUTION AUTHORIZING EXECUTION OF A JOINT COOPERATION AGREEMENT WITH HENNEPIN COUNTY TO CONTINUE PARTICIPATION IN THE URBAN HENNEPIN COUNTY COMMUNITY-DEVELOPMENT BLOCK GRANT PROGRAM This Resolution appears as Resolution No. 7648 in Resolution Hook No. 59. C. APPROVED PURCHASE IN EXCESS OF 55,000 FOR THE SIGNS PRODUCED BY PRO LINE GOLF CORPORATION IN THE AMOUNT OF $12,510 PLUS SHIPPING. C.L. NO. 179 D. APPROVED PURCHASE IN EXCESS OF $5,000 FOR BASE AND BLACKTOPPING OF PATHS AT VETERANS MEMORIAL PARK OF RICHFIELD BY PLEHAL BLACKTOPPING, INC. IN THE AMOUNT OF $8,700. C.L. 180 L E. APPROVED KENNEL LICENSE RENEWAL; RONALD AND MARGARET GLAUB, 7209 12TH AVENUE; 4 DOGS. Council Meeting Minutes -3- July 23, 1990 F. APPROVED KENNEL LICENSE RENEWAL; CUTLER ANIMAL HOSPITAL DONALD T. MAKI DVM, 7738 COLFAX AVENUE. G. APPROVED KENNEL LICENSE RENEWAL; WOODLAKE VETERINARY HOSPITAL, 6436 LYNDALE AVENUE. H. APPROVED ESTIMATE NO. 5, PAYMENT TO RICHFIELD SHOPPES DEVELOPERS FOR C.P. 860 SPRINKLER SYSTEM AT 66TH AND NICOLLET - $12,445.00 I. APPROVED ESTIMATE NO. 1 AND FINAL, PAYMENT TO EARL F. ANDERSEN & ASSOCIATES, INC. FOR C.P.8022 VETERANS MEMORIAL PARK BOARDWALK, CONTRACT NO. 2495 $12,445.00 J. ESTIMATE NO. 1 AND FINAL, PAYMENT TO EARL F. ANDERSEN & ASSOCIATES, INC. FOR C.P.8023 VETERANS MEMORIAL PARK PLAYGROUND EQUIPMENT, CONTRACT NO. 2494 - $120,318.45 M/Sandahl, S/Ludeman to apArove the consent calendar. Motion carried 4-0. Item #6 PUBLIC HEARING ON CONSIDERATION OF SPECIALLY ASSESSING THE LYNDALE/HUB/NICOLLET (LHN) AREA FOR CURRENT MAINTENANCE SERVICES FOR THE PERIOD OF JANUARY 1 THROUGH DECEMBER 31, 1991 - CITY PROJECT NO. 862. C.L. NO. 181 City Manager Prosser reviewed Council Letter No. 181 regarding the proposed special assessment of the LHN area for maintenance services for the period of January 1 through December 31, 1991. M/Ludeman, S/Kirsch to close the public hearincr. Motion carried 4-0. M/Ludeman, S/Kirsch 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. 7649 RESOLUTION ORDERING UNDERTAKING OF CURRENT SERVICE PROJECT LYNDALE/HUB/NICOLLET (LHN) MAINTENANCE JANUARY 1 THROUGH DECEMBER 31, 1991 Mot ion carried 4-0. This resolution appears as Resolution No. 7649 in Resolution Book No. 59. Council Meeting Minutes -4- July 23, 1990 Item #7 PUBLIC HEARING ON CONSIDERATION OF SPECIALLY ASSESSING THE INTERSTATE/LYNDALE/NICOLLET (ILN) AREA FOR CURRENT MAINTENANCE SERVICES FOR THE PERIOD OF JANUARY 1 THROUGH DECEMBER 31, 1991 - CITY PROJECT NO. 863. C.L. NO. 182 City Manager Prosser reviewed Council Letter No. 182 regarding the proposed special assessment of the ILN area for maintenance services for the period of January 1 through December 31, 1991. M/Ludeman, S/Kirsch to close the public hearing. Motion carried 4-0. M/Ludeman, 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. 7650 RESOLUTION ORDERING THE UNDERTAKING OF CURRENT SERVICE PROJECT FOR INTERSTATE/LYNDALE/NICOLLET (ILN) MAINTENANCE JANUARY 1, 1991 THROUGH DECEMBER 31, 1991 CITY PROJECT NO. 863 Motion carried 4-0. This resolution appears as Resolution No. 7650 in Resolution Book No. 59. Item #8 PUBLIC HEARING ON CONSIDERATION OF SPECIALLY ASSESSING CURRENT MAINTENANCE SERVICES FOR CITY ALLEYS FOR THE PERIOD OF JANUARY 1 THROUGH DECEMBER 31, 1991 - CITY PROJECT N0. 864. C.L. NO. 183 City Manager Prosser reviewed Council Letter No. 183 regarding the proposed special assessment for alley maintenance services for the period of January 1 through December 31, 1991. M/Sandahl, S/Kirsch to close the public hearing. Motion carried 4-0. Council Meeting Minutes -5- July 23, 1990 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 NO. 7651 RESOLUTION ORDERING THE UNDERTAKING OF . CURRENT SERVICES PROJECT FOR ALLEY MAINTENANCE JANUARY 1, 1991 THROUGH DECEMBER 31, 1991 CITY PROJECT NO. 864 Motion carried 4-0. This resolution appears as Resolution No. 7651 in Resolution Hook No. 59. Item #9 PUBLIC HEARING ON CONSIDERATION TO ADOPT THE SPECIAL ASSESSMENT ROLL FOR CITY PROJECT NO. 844,-1989 LYNDALE/ HUH/NICOLLET (LHN) MAINTENANCE FOR THE PERIOD JANUARY 1, 1989 THROUGH DECEMBER 31, 1989. C.L. NO. 184 City Manager Prosser reviewed Council Letter No. 184 regarding adoption of the special assessment roll for LHN maintenance for the period of January 1 through December 31, 1989. M/Sandahl, S/Ludeman to close the public hearing. Motion carried 4-0. M/Ludeman, S/Kirsch that the following resolution be adopted; that it be spread in the resolution book and that it be made Bart of these minutes.: RESOLUTION NO. 7652 RESOLUTION ADOPTING ASSESSMENT ON CITY PROJECT NO. 844 LHN MAINTENANCE FOR THE PERIOD JANUARY 1 - DECEMBER 31, 1989 Motion carried 4-0. This resolution appears as Resolution No. 7652 in Resolution Book No. 59. Item #10 PUBLIC HEARING ON CONSIDERATION TO ADOPT THE SPECIAL ASSESSMENT ROLL FOR CITY PROJECT NO. 846, INTERSTATE/ LYNDALE/NICOLLET (ILN) MAINTENANCE FOR THE PERIOD JANUARY 1, 1989 THROUGH DECEMBER 31, 1989. C.L. NO. 185 City Manager Prosser reviewed Council Letter No. 185 regarding adoption of the special assessment roll for ILN maintenance for the period of January 1 through December 31, 1989. Council Meeting Minutes -6- July 23, 1990 M/Sandahl, S/Ludeman to close the public hearing. Motion carried 4-0. M/Ludeman, 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 N0. 7653 RESOLUTION ADOPTING ASSESSMENT ON CITY PROJECT NO. 846 ILN MAINTENANCE FOR THE PERIOD JANUARY 1 - DECEMBER 31, 1989 Motion carried 4-0. This resolution appears as Resolution No. 7653 in Resolution Book No. 59. ASSESSMENT ROLL FOR CITY PROJECT NO. 845, 1989 ALLEY MAINTENANCE FOR THE PERIOD JANUARY 1, 1989 THROUGH DECEMBER 31, 1989. C.L. NO. 186 City Manager Prosser reviewed Council Letter No. 186 regarding adoption of the special assessment roll for alley maintenance for the period of January 1 through December 31, 1989. M/Garcia, S/Ludeman to close the public hearing. Motion carried 4-0. M/Kirsch, 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 NO. 7654 RESOLUTION ADOPTING ASSESSMENT ON CITY PROJECT NO. 845 ALLEY MAINTENANCE FOR THE PERIOD JANUARY 1 - DECEMBER 31, 1989 C Motion carried 4-0. This resolution appears as Resolution No. 7654 in Resolution Hook No. 59. Council Meeting Minutes -7- July 23, 1990 Item #12 PUBLIC HEARING ON CONSIDERATION OF ADOPTION OF THE ASSESSMENT ROLL FOR REMOVAL OF DISEASED TREES FROM PRIVATE PROPERTY FOR THE PERIOD JANUARY 1, 1989 THROUGH DECEMBER 31, 1989. C.L. NO. 187 City Manager Prosser reviewed Council Letter No. 187 regarding adoption of the special assessment roll for removal of ees from private property for the period of January 1 through December 31, 1989. M/Ludeman, S/Garcia to close the public hearing. Motion carried 4-0. M/Ludeman, S/Kirsch that the following resolution be adopted: that it be svread in the resolution book and that it be made part of these minutes: RESOLUTION NO. 7655 RESOLUTION ADOPTING ASSESSMENT ON REMOVAL OF DISEASED TREES FROM PRIVATE PROPERTY FOR THE PERIOD OF JANUARY 1, 1989 TO DECEMBER 31, 1989 Motion carried 4-0. This resolution appears as Resolution No. 7655 in Resolution Book No. 59. Item #13 PUBLIC HEARING ON CONSIDERATION OF ADOPTION OF A RESOLUTION APPROVING THE EXPANDED NEW HOME PROGRAM REDEVELOPMENT PLANS AND TAX INCREMENT FINANCING PLANS AND PROVIDING AN INTERIM SOURCE OF FUNDING. C.L. N0. 188 City Manager Prosser reviewed Council Letter No. 188 regarding the proposed Expanded New Home Program Redevelopment plans and tax increment financing plans. He stated the proposed interim source of financing be provided by loans from four funds: Sanitary Sewer Utility Fund, Water Utility Fund, General Fund, and LHN Tax Increment Fund. He indicated each fund would provide up to $250,000 of financing and the loans would carry an interest rate determined by the current market. Council Member Ludeman stated his support for the program; however, he stated opposition to using the General Fund for financing. Council Meeting Minutes -8- July 23, 1990 City Manager Prosser indicated that as an alternative it would be feasible to draw from the other three funds without using the General Fund. Council Member Sandahl stated that this was an important program for the City and that either interim financing method would be acceptable. Council Member Kirsch stated that this was a good innovative - program and that he would support financing it from the 3 funds without using the General Fund. Lawrence Wozniczka, 6744 Wentworth Avenue, stated concerns about the value of acquired homes being too high, tax increment long term impact and fairness in funding sources. He suggested the City Council table the issue for more study and formation of a special committee. City Manager Prosser reviewed the financial aspects of the program and positive response from the community regarding the program. He stated that the initial experiences with the first 27 homes will give the city information upon which future program decisions can be based. M/Ludeman, S/Sandahl to close the public hearing. Motion carried 4-0. M/Ludeman, S/Garcia that the following resolution be adopted• that it be spread in the resolution book and that it be made Hart of these minutes: RESOLUTION NO. 7656 RESOLUTION APPROVING THE REDEVELOPMENT PLANS AND TAX INCREMENT FINANCING PLANS FOR THE EXPANDED NEW HOME - SCATTERED SITE HOUSING PROGRAM and, that the interim funding for the program activities of up to $1~000,Q00 be spread equally against the following three funds: unitary Sewer Utility Fund, Water Utility FundF and LHN Tax Increment Fund. Motion carried 4-0. This resolution appears as Resolution No. 7656 in Resolution Book No. 59. Item #14 PUBLIC HEARING ON CONSIDERATION OF A PRELIMINARY PLAT TO ALLOW-A SUBDIVISION OF THE VACANT LOT AT 7201 PENN AVENUE SOUTH. C.L. NO. 189 City Manager Prosser reviewed Council Letter No. 189 regarding a request by John Oksness for approval of a preliminary plat to allow subdivision of the vacant parcel at 7201 Penn Avenue into two lots for construction of a twinhome. He recommended that the public hearing to be continued to August 13, 1990 to allow the applicant to provide an adequate drainage plan. Council Meeting Minutes -9- July 23, 1990 Community Development Director Wallace reviewed the plat drawing and drainage plan submitted by the applicant earlier in the day. Mr. Bennett, representing St. Nicholas Church, 7227 Penn Avenue, stated the church will make no changes on it's property until use for the land has been decided. Dan O'Connor, 7200 Oliver Avenue, stated that drainage issue is his main concern regarding this project. He stated several positive aspects and negative aspects of the project. John Oksness, 7444 4th Avenue, owner and developer of 7201 Penn Avenue, indicated his drainage plan would drain his property without making drainage for adjacent properties any worse. Mrs. Preston, 7208 Oliver Avenue, stated concern about drainage issues. - Discussion followed regarding the adequacy of the submitted drainage plans, the necessity for Mr. Oksness to provide an engineers report statement and final drawing for the drainage _ plans, and the council's concern that the project not exacerbate the drainage problems in the area. M/Ludeman, S/Garcia to continue the public hearing on the r~gquest for preliminary plat to allow a subdivision of the lot at 7201 Penn Avenue to the August 13, 1990 City Council Meeting. Motion carried 4-0. Item #15 PUBLIC HEARING AND SECOND READING OF AN ORDINANCE AMENDMENT TO INCORPORATE INTO-SECTION 416 PROVISIONS OF STATE LAW REGARDING THE REGULATION OF NONCOMMERCIAL SIGNS IN STATE GENERAL ELECTION YEARS. C.L. NO. 191 City Manager Prosser reviewed Council Letter No. 191 regarding a proposed ordinance amendment to incorporate into Section 416 provisions of state law regarding regulation of noncommercial signs in state general election years. Lawrence Wozniczka, 6744 Wentworth Avenue, asked if this amendment would also apply to city council candidate signs. City Attorney Dean stated that the State legislature passed a statute that specifically overides the provisions of local ordinance regulation of "noncommercial signs", including political signs. He stated that Statute allows noncommercial signs of any size to be posted from August 1 in a State general election year until ten days following the State election. He stated adoption of this ordinance amendment is recommended so that the ordinance code will be consistent with the State Statute. Council Meeting Mfnutes -10- July 23, 1990 Council Member Kirsch stated he would vote against this ordinance amendment because of his belief that the State legislature should leave this issue under local control. It was the consensus of the council to urge Richfield's legislators to resist this type of unnecessary State mandate. M/Garcia, S/Ludeman to close the public hearing. Motion carried 4-0. M/Sandahl, S/Ludeman that this constitute Second Reading of Hill No. 1990-11, amendment to Chapter IV. Section 416 "Regulation of Signs". that it be published in the official newspaper and that it be made part of these minutes. Motion carried 3-1. (Kirsch opposed) item #16 FIRST READING OF AN AMENDMENT TO GENDER NEUTRALIZE THE CITY CHARTER. C.L. NO. 191 City Manager Prosser reviewed Council Letter No. 191 regarding a recommendation from the Charter Commission to approve a proposed Charter Amendment to delete specific gender references and make the City Charter gender neutral. Charter Commission Member Robert Doebler, 6920 10th Avenue, stated that gender and capitalization changes were proposed by the commission. M/Sandahl, S/Ludeman that this constitute the First Reading of this ordinance amending the City Charter, and that the Public Hearing and Second Reading of the ordinance be scheduled for the September 10, 1990 City Council Meeting. Motion carried 4-0. Item #17 FIRST READING OF AN AMENDMENT TO THE ZONING ORDINANCE INCREASING LOT COVERAGE IN RESIDENTIAL AREAS. C.L. N0. 192 City Manager Prosser reviewed Council Letter No. 192 regarding a proposed ordinance amendment to the Zoning Ordinance increasing Iot coverage for residential uses to 35$ for lots of up to 7,000 square feet, the greater of 25$ or 2,500 square foot coverage for lots over 7,000 square feet, and 35$ coverage of the rear yard for accessory buildings. . Council Meeting Minutes -11- July 23, 1990 M/Ludeman, S/Kirsch that this constitute the First Reading of this ordinance amendment to Section 515 of Agoendix B, and that the Public Hearing and Second Reading of the ordinance be scheduled for the August 13 ~ 1990 City Council Meeting. Motion carried 4-0. Item #18 CONSIDERATION OF APPROVAL OF APPOINTMENT TO THE COMMUNITY SERVICES COMMISSION. C.L. NO. 193 M/Sandahl, S/Garcia to agooint Elizabeth Swanson to the ~'ommunity Services Commission for a term to expire January 31~ 1993• Motion carried 4-0. Item #19 LEGISLATIVE REPORT None Item #20 COUNCIL DISCUSSION ITEMS None Item #21 CLAIMS AND PAYROLLS Council Member Ludeman requested that approval of the claims and payrolls be made with the one exception of the Decathalon Club payment be subject to City Manager review. M/Ludeman, S/Sandahl that the following claims and gayrolls be agnroved: RICHFIELD STATE BANK Checks 12961-13009; 20387-20673 $1,073,285.38 FIRST WESTERN BANK Checks 5657-5682 S 507,159.13 Checks 37232-37269; 38596-39041 Payroll $ 375,550.04 Motion carried 4-0. Council Meeting Minutes -12- ADJOURNMENT The meeting was adjourned by Date Approved: 8/13/90 Thomas P. Ferber City Clerk July 23, 1990 unanimou consent at 8:38 p.m. Edwina Garcia Mayor Pro Tempore J es D. Prosser Ci Manager' J J