08-13-1990CITY OF RICHFIELD, MINNESOTA
REGULAR CITY COUNCIL MEETING
August 13, 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; Bruce Palmborg, Housing &
Redevelopment Coordinator; 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 Quam at 7:00 p.m.
PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE -.
Mayor Quam lad the audience in the Pledge of•Allegiance.
APPROVAL OF MINUTES
M/Kirsch, S/Sandahl to approve the minutes of the Special
Cites Council Meeting of July 23, 1990; and the minutes of the
regular City Council Meeting of July 23, 1990.
Motion carried 5-0.
Item #1 PRESENTATION OF THE CITY OF RICHFIELD COMPREHENSIVE
ANNUAL FINANCIAL REPORT (CAFR) FOR FISCAL YEAR ENDED
DECEMBER 31, 1989. C.L. N0. 194
City Manager Prosser reviewed Council Letter No. 194
regarding presentation of the City of Richfield Comprehensive
Annual Financial Report for fiscal year 1989.
M/Ludeman, S/Kirsch to accept the Comprehensive Annual
Financial Regort for the fiscal year ended December 31 1989.
Motion carried 5-0.
Council Meeting Minutes
-2- August 13, 1990
Item #2 OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL
ON ANY ITEM NOT LISTED ON THE AGENDA.
Floyd Sandell, 6737 3rd Avenue, stated concerns regarding a
property maintenance compliance letter received by a neighbor
related to peeling paint.
City Manager Prosser reviewed property maintenance
procedures and issues.
Council Member Sandahl suggested that if possible staff work
with the residents to address problems.
Council Member Ludeman stated that 30 days for compliance
may be too harsh and indicated an extension of time had been
given to the resident by city staff.
Item #3 COUNCIL APPROVAL OF AGENDA
Mayor Quam requested that Consent Calendar Item 4F, Approval
of Award of Contract to Tennis West, Ltd. for tennis court repair
and resurfacing in the amount of $38,683.00 C.L. No. 200, be
removed from the consent calendar and placed on the agenda as
Item #9A.
M/Ludeman, S/Sandahl to approve the agenda as amended.
Motion carried 5-0.
Item #4 CONSENT CALENDAR
A. APPROVED RESOLUTION PROVIDING FOR POLLING PLACES AND
DESIGNATING ELECTION JUDGES FOR THE SEPTEMBER 11, 1990
STATE PRIMARY ELECTION. C.L. NO. 195
RESOLUTION NO. 7657
RESOLUTION PROVIDING FOR POLLING PLACES
AND DESIGNATING JUDGES FOR
THE STATE PRIMARY ELECTION OF
SEPTEMBER 11, 1990 .
This Resolution appears as Resolution No. 7657 in Resolution
Book No. 59.
Council Meeting Minutes -3- August 13, 1990
H. APPROVED RESOLUTION DECLARING COSTS TO BE ASSESSED FOR
THE INSTALLATION OF A FIRE PROTECTION SYSTEM FOR
RICHFIELD FLORAL AND NURSERY AND SETTING DATE OF
HEARING. C.L. NO. 196
RESOLUTION N0. 7658
RESOLUTION DECLARING COSTS TO BE ASSESSED
FOR THE INSTALLATION OF A FIRE PROTECTION
SYSTEM FOR RICHFIELD FLORAL AND NURSERY
AND SETTING DATE OF HEARING
This Resolution appears as Resolution No. 7658 in Resolution
Book No. 59.
C. APPROVED RESOLUTION AUTHORIZING EXECUTION OF THE 1990
YEAR XVI URHAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) PROGRAM SUBRECIPIENT AGREEMENT.
C.L. NO. 197
RESOLUTION N0. 7659
RESOLUTION AUTHORIZING SIGNATURE OF THE YEAR XVI
COMMUNITY DEVELOPMENT BLOCK GRANT
SUBRECIPIENT AGREEMENTS
This Resolution appears as Resolution No. 7659 in Resolution
Book No. 59.
D. APPROVED REQUEST FOR EXTENSION OF PLANNED UNIT
DEVELOPMENT (PUD) AMENDMENT FOR PROPERTY LOCATED AT
6625 LYNDALE AVENUE. C.L. NO. 198
E. APPROVED RESOLUTION AUTHORIZING CITY OF RICHFIELD'S
PARTICIPATION IN AN ENVIRONMENTAL CITIES GROUP. C.L.
NO. 199
RESOLUTION N0. 7660
A RESOLUTION AUTHORIZING CITY OF RICHFIELD
TO JOIN AN ENVIRONMENTAL CITIES GROUP
This Resolution appears as Resolution No. 7660 in Resolution
Book No. 59.
F. Removed from consent calendar and considered on the
regular agenda as Item #9A.
G. APPROVED AWARD OF CONTRACT TO.FORBY CONTRACTING FOR
1990 CONCRETE JOINT CLEANING AND RESEALING IN THE
AMOUNT OF $61,488.15. C.L. NO. 201
H. APPROVED AWARD OF CONTRACT TO G.C. STRASBURG COMPANY
FOR 1990 SIDEWALK/CURB/GUTTER REPAIR IN THE AMOUNT OF
$26,200. C.L. NO. 202
Council Meeting Minutes
I. APPROVED ITINERANT
PETER, 6730 NICOLE:
FEES.
J. APPROVED ITINERANT
ASSUMPTION, AUGUST
-4-
PLACES OF AMUSEMENT,
ET, SEPT. 15-16, 1990
PLACES OF AMUSEMENT,
11 AND 12, 1990, AND
August 13, 1990
CHURCH OF ST.
AND WAIVER OF
CHURCH OF THE
WAIVER OF FEES.
K. APPROVED RENEWAL OF OFF-SALE 3.2 BEER LICENSE FOR 12TH
AVENUE/77TH STREET 66 STATION.
L. APPROVED RENEWAL OF RESIDENTIAL KENNEL LICENSE,
G.KELBER, 6314 14TH AVENUE, FIVE CATS.
M. APPROVED RESIDENTIAL KENNEL LICENSE, C. TODD, 7425 EAST
PLEASANT AVENUE, 3 DOGS, 2 CATS.
N. APPROVED RESIDENTIAL KENNEL LICENSE, D. DELZER, 6305
WENTWORTH, 3 CATS.
O. APPROVED COMMERCIAL KENNEL LICENSE, E. BERGQUIST, 7429
HUMBOLDT AVENUE.
M/Ludeman, S/Sandahl to approve the consent calendar.
Motion carried 5-0.
LJ
Item #5 PUBLIC HEARING AND SECOND READING ON CONSIDERATION OF
AN AMENDMENT TO THE ZONING ORDINANCE INCREASING LOT
COVERAGE IN RESIDENTIAL AREAS. C.L. NO. 203
City Manager Prosser reviewed Council Letter No. 203
regarding a proposed zoning ordinance amendment to increase the
allowable lot coverage ratio.
Fran Peterson, 6912 Washburn Avenue, stated that under the
existing regulations he could not eliminate his tuck under garage
to address his flooding problem and build a new garage. He
stated support for the proposed ordinance.
M/Ludeman, S/Garcia to close the public hearing.
Motion carried.5-0.
M/Kirsch, S/Sandahl that this constitute Second Reading of
Bill No. 1990-12, Amendment to Section 515 of Appendix B, that it
be published in the official newspaper and that it be made part ^
of these minutes.
Motion carried 5-0.
Council Meeting Minutes -5- August 13, 1990
Item #6 PUBLIC HEARING ON A PRELIMINARY PLAT TO ALLOW A
SUBDIVISION OF THE VACANT LOT AT 7201 PENN AVENUE
(CONTINUED FROM THE JULY 23, 1990 CITY COUNCIL
MEETING). C.L. N0. 204
City Manager Prosser reviewed Council Letter No. 204
regarding a request by John Oksness for preliminary plat approval
to divide the parcel at 7201 Penn Avenue in two lots to build a
twinhome.
John Oksness, 7444 4th Avenue, owner and developer of 7201
Penn Avenue, indicated the drainage plan had been approved by the
City Engineer, utilities would be underground, and that a
landscaping plan for staff approval will be submitted. He stated
evergreens may be placed on the west side to screen the property
from Penn Avenue. He responded to questions from the Council
regarding storm water drainage issues.
Heckie O'Connor, 7200 Oliver Avenue, stated preference for a
single family house and drainage concerns regarding the site.
City Council discussion followed regarding how this project
addressed drainage concerns and it's impact on the neighborhood.
M/Ludeman, S/Sandahl to close the public hearing.
Motion carried 5-0.
M/Ludeman, S/Kirsch to approve the preliminary plat for 7201
Penn Avenue with the granted lot area and zero lot line setback
variances contingent upon:
• Approval of the subdivision request for this property.
• Approval of an acceptable drainage plan.
s The proposed structure be a one story rambler style
dwelling that is compatible with the character of the
neighborhood.
• That the utilities be placed underground.
• That the landscaping plan be approved by city staff.
Motion carried 5-0.
Council Meeting Minutes -6- August 13, 1990
Item #7 PUBLIC HEARING ON CONSIDERATION OF AN AMENDMENT TO OFF-
STREET PARKING PERMIT #65-16 AT 1740'-~ WEST 76TH STREET.
C.L. NO. 205
City Manager Prosser reviewed Council Letter No. 205
regarding a request by the Colony at Richfield apartments for an
amendment to their off-street parking permit to allow the
construction of two garage structures.
Bob Ottness, representing the Colony at Richfield, reviewed
the proposed project. He stated concerns about the moving or
replacing the trees indicating the land to the south was owned by
MnDot.
HRA Coordinator Palmborg stated that MnDot had turned the
land back to the City and that the City would permit placement of
the trees on the land.
City Manager Prosser stated a tree moving spade could
probably be used to relocate the trees. If that was not
feasible, staff recommended they be replaced by 4 inch diameter
trees.
Mr. Ottness stated opposition to the stipulation that he
provide the 7 handicap parking spaces as required by the Code.
City Attorney Dean stated that the City cannot modify this
requirement.
Council Member Sandahl reviewed the handicap persons needs
for this type of parking.
Discussion followed regarding location of handicap parking
spaces.
Mr. Ottness questioned the stipulation to enclose the
dumpster area.
City Attorney Dean stated that "enclosed" means screened on
all four sides and that a gate can be used for access.
M/Ludeman, S/Kirsch to close the public hearing.
Motion carried 5-0.
Council Meeting Minutes -7- August 13, 1990
M/Ludeman, S/Kirsch to a~arove the off-street parking permit
amendment to off-street parking Hermit #65-16 for 1740 1/2 West
76th Street with the following stipulations:
1. A ten foot space separate the two structures.
2. All building and fire codes be met for the structures,
including a one-hour fire rating for both walls between
the ten foot separation (dumpster area).
3. The entire parking lot be restriped at 8.5 foot stall
widths.
4. The dumpster area between the structures be enclosed.
5. The garage design and construction materials be
consistent with that of the existing apartments.
6. Handicap parking spaces be provided as per Code
requirement.
7. That the six ash trees be relocated to the south of the
parking lot or 4 inch diameter replacement trees be
planted to the south of the parking lot contingent upon
the city providing the right-of-way land for the trees.
Motion carried 5-0.
Item #8 FIRST READING REGARDING AN ORDINANCE ESTABLISHING
HOLIDAY PAY FOR 911 DISPATCHERS. C.L. NO. 206
City Manager Prosser reviewed Council Letter No. 206
regarding a proposed ordinance amendment to provide for holiday
pay for 911 Dispatchers at the rate of 1.5 times for hours worked
on six specified holidays.
M/Sandahl, SlLudeman that this constitute the First Readina
of this ordinance amendment to Chapter III, Section 310.31,
Subdivision 6 - Holidays for shift employees, and that the Public
Hearing and Second Reading of the ordinance be scheduled for the
September 10 1990 City Council Meeting.
Motion carried 5-0.
Council Meeting Minutes
-8-
August 13, 1990
Item #9 FIRST READING OF AN AMENDMENT TO THE ZONING ORD
DELETING THE HEARING EXAMINER SUNSET PROVISION.
C.L. N0. 20
City Manager Prosser reviewed Council Letter No. 207
regarding a proposed ordinance amendment to delete the sunset
provision of the zoning ordinance related to the establishment of
the hearing officer procedure.
Council Member Kirsch asked how the hearing officers are
selected and the length of term.
City Manager Prosser stated that the hearing examiners are
appointed by the City Manager subject to confirmation by the City
Council. He stated the term has been one year because the City
Council must authorize the procedure each year.
City Council discussion followed regarding length of term,
number of Hearing Examiners, requiring appointments be from
Planning Commission or I3F.A members, and whether to inc®rporate
any such proposals into this ordinance amendment.
It was the consensus of the City Council that the length of
term for a Hearing Examiner be established as two years.
City Attorney Dean stated that staff will draft an ordinance
amendment to establish a two year term for Hearing Examiners for
First Reading Consideration at the August 27 City Council
Meeting. He suggested that the City Council address the sunset
provision separately.
M/Garcia, S/Kirsch that this constitute the First Reading of
this ordinance amendment to Section 545 of Appendix B, and that
the Public Hearing and Second Reading of the ordinance be
scheduled for the September 10, 1990 City Council meeting.
Motion carried 5-0.
Item #9A CONSIDERATION OF APPROVAL OF AWARD OF CONTRACT TO
TENNIS WEST, LTD. FOR TENNIS COURT REPAIR AND
RESURFACING IN THE AMOUNT OF $38,683. C.L. NO. 200
(Removed from Consent Calendar)
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Council Meeting Minutes -9- August 13, 1990
Mayor Quam stated that because of the failure of the Park
Bond Referendum, there is a significant problem in park
improvement funding and suggested that approval of the mayor
repair/resurfacing of the Augsburg park tennis courts be
postponed. He stated concern that 5 neighborhood park
improvement projects need funding for yet to be completed
improvements.
Council Member Sandahl stated agreement that discussion is
needed regarding funding park improvements. He stated that the
Community Services Commission helps the council determine park
and program priorities; therefore, they should review this tennis
court improvement. He noted the City Council had previously
agreed to improve the tennis court surfaces.
Council Members discussed the neighborhood park development
needs and equity.
It was the consensus of the City Council that a special
study session be scheduled for discussion of neighborhood park
improvements and funding. It was the consensus of the City
Council to refer the consideration of approving the award of
contract for the Augsburg Park tennis courts improvements to the
Community Services Commission for review and recommendation.
M/Sandahl, S/Garcia that the City Council directs city staff
as follows:
1) That consideration of the approval of the award of
contract for Augusburg Park tennis court repair and
resurfacing be referred to the Community Services
Commission for review and recommendation.
2) That a Special City Council Study Session be scheduled
for discussion of park improvements for the 5
uncompleted neighborhood parks and funding for such
improvements.
Motion carried 5-0.
Item #10 LEGISLATIVE REPORT
Mayor Quam reviewed the status of the City's request to the
Metropolitan Council for approval of the redesignation of land
use for Rich Acres.
City Manager Prosser stated he had communicated to the
City's legislators the City Council's objections to recent state
legislation which overrides local sign ordinances.
Council Meeting Minutes
-10-
August 13, 1990
Item #il COUNCIL DISCUSSION ITEMS
Council Member Garcia warned residents about an incident
where a child selling candy misrepresented himself as fundraising
for her election campaign.
Item #12 CLAIMS AND PAYROLLS
M/Ludeman, S/Garcia that the following claims and payrolls
be approved:
RICHFIELD STATE BANK
Checks 13010-13074; 20677-21096 $1,380,853.08
FIRST MINNESOTA
Check 1108 $ 25,000.00
FIRST WESTERN BANK
Checks 5683-5705 $ 862,475.62
Checks 37272-37295; 39046-39060;
39305-39763 Payroll $ 377,030.10
Motion carried 5-0.
ADJOURNMENT
The meeting was adjourned by unanimous
Date Approved: 8/27/90
Thomas P. Ferber
City Clerk
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