Loading...
09-24-1990CITY OF RICHFIELD, MINNESOTA REGULAR CITY COUNCIL MEETING September 24, 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 Concurrent Community Services and Cites Council Meeting on September 10, 1990 and the minutes of the regular City Council Meeting of September 10, 1990. Motion carried 5-0. Item #1 OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON ANY ITEM NOT LISTED ON THE AGENDA. ' Camillo DeSantis, announced that The Richfield Foundation is holding a benefit featuring comedian Scott Hansen on October 20, 1990 7:30 p.m. at the Richfield High School. Norbert Patterson stated comments regarding the rental licensing ordinance. Item #2 PRESENTATION REGARDING 4TH OF JULY CHILDREN'S POETRY CONTEST. C.L. NO. 233 David Hook of the Fourth of July Committee reviewed the Richfield July 4th 1990 Children's Poetry Contest. Participants Abbey Anderson, Gina Ashmun, Sabrina Friend, Brenna Knights, Antonia Stevens, and Jessica Williams presented their poems. a Council Meeting Minutes -2- September 24, 1990 Item #3 COUNCIL APPROVAL OF AGENDA M/Ludeman, S/Quam to approve the agenda. Motion carried 5-0. Item #4 CONSENT CALENDAR Mayor Quam suggested the Consent Calendar be amended by removing Item #4H "Request for Amendment to Offstreet Parking Contract, Animal Care Clinic, 6521 Cedar Avenue" and placing it on the regular agenda as Item 13A. A. APPROVED FIRST AND FINAL PAYMENT TO FORBY CONTRACTING, INC. FOR JOINT RESEALING AND CONCRETE REPAIR $54,389.43. B. APPROVED RENEWAL OF RESIDENTIAL KENNEL LICENSE AT 6401 22ND AVENUE, ANNA NEWBAUER, THREE DOGS. C. APPROVED REQUEST TO CONSTRUCT A RETAINING WALL ON PUBLIC PROPERTY, 7544 ELLIOT AVENUE. C.L. NO. 234 D. APPROVED AUTHORIZATION TO EXTEND CONTRACT NO. A09689 WITH HENNEPIN COUNTY TO ALLOW CONTINUED ACCESS TO -_ PROPERTY INFORMATION SYSTEM. C.L. NO. 235 a E. APPROVED RENEWAL OF COMPUTER HARDWARE MAINTENANCE CONTRACT WITH FINANCIAL PRODUCTS CORP. FOR 1991. C.L.- NO. 236 F. APPROVED PURCHASE IN EXCESS OF $5,000 FOR PURCHASE OF TREES FROM NOBLE NURSERY IN THE AMOUNT OF $14,240 FOR THE RICH ACRES GOLF COURSE. C.L. N0. 237 G. APPROVED AUTHORIZATION TO EXECUTE 1990 (YEAR XVI) URHAN HENNEPIN COUNTY COMMUNITY BLOCK GRANT (CDBG) THIRD PARTY AGREEMENT. C.L. 238 H. Removed from the Consent Calendar and placed on the regular agenda as Item #13A. M/Garcia, S/Ludeman to approve the consent calendar as amended. Motion carried 5-0. Council Meeting Minutes -3- September 24, 1990 Item #5 PUBLIC HEARING REGARDING THE ISSUANCE OF MULTIFAMILY REVENUE REFUNDING BONDS FOR THE MARKET PLAZA HOUSING DEVELOPMENT. C.L. NO. 240 City Manager Prosser reviewed Council Letter No. 240 regarding the conduct of a public hearing for the issuance of multifamily refunding bonds for the Market Plaza housing development. He indicated the public hearing would be conducted tonight with future council action on a resolution authorizing the issuance. M/Sandahl, S/Kirsch to close the public hearing. Motion carried 5-0. Item #6 PUBLIC HEARING AND ADOPTION OF A RESOLUTION RELATED TO THE ISSUANCE OF COMMERCIAL DEVELOPMENT REVENUE REFUNDING BONDS FOR THE S & M COMPANY (LYNDALE HARDWARE). C.L. NO. 2.41 City Manager Prosser reviewed Council Letter No. 241 regarding the issuance of Commercial Development Revenue Refunding Bonds for the S & M Company. M/Kirsch, S/Garcia to close the public hearing. Motion carried 5-0. 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. 7669 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHFIELD, MINNESOTA (THE "ISSUER") AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF THE ISSUER'S COMMERCIAL DEVELOPMENT REVENUE REFUNDING BONDS (THE S & M COMPANY PROJECT - LYNDALE HARDWARE CO., LESSEE) SERIES 1990 (THE "BONDS"), WHICH BONDS AND THE INTEREST AND ANY PREMIUM THEREON SHALL HE PAYABLE SOLELY FROM REVENUES PLEDGED THERETO; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A TRUST INDENTURE, A LOAN AGREEMENT, AND A BOND PURCHASE AGREEMENT; APPROVING THE USE OF AN OFFICIAL STATEMENT; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE BONDS; AND PROVIDING FOR THE SECURITY, RIGHTS AND REMEDIES OF THE OWNERS OF SAID BONDS Motion carried 5-0. This resolution appears as Resolution No. 7669 in Resolution Hook No. 59. Council Meeting Minutes -4- September 24, 1990 Item #7 REQUEST FOR CONTINUANCE OF CONDITIONAL USE PERMIT AND OFFSTREET PARKING REQUEST, SYSTEMS CONTROL AUTO INSPECTION, 12TH AVENUE AND 77TH STREET. C.L. N0. 242 City Manager Prosser reviewed Council recommending that the the Council continue the request of Systems Control, Inc. for a asnd offstreet parking permit to construct testing facility at 1200 East 78th Street 1990 City Council Meeting. Letter No. 242 the public hearing on conditional use permit a vehicle emissions sntil the october 8, M/Sandahl, S/Ludeman to continue the public hearing on the request of Systems Control, Inc. for a conditional use permit and offstreet parking permit to construct a vehicle emissions testing facility at 1200 East 78th Street to the October $. 1990 City Council Meetin Motion carried 5-0. Item #8 PUBLIC HEARING ON THE FINAL PLAT OF OKSNESS SECOND ADDITION 7201 PENN AVENUE. C.L. NO. 243 City Manager Prosser reviewed Council Letter No. 243 regarding the final plat of Oksness 2nd Addition for 7201 Penn Avenue. M/Ludeman, S/Sandahl to close the public hearing. _ Motion carried 5-0. ~ M/Ludeman, S/Kirsch to approve the final plat of Oksness 2nd Addition for 7201 Penn Avenue and direct the Mayor and Citv Manager to execute the plat and deliver such to applicant for recordincr within thirty davs_sub_iect to the following stipulations: 1. That the structure be a one story rambler style dwelling that is compatible with the character of the neighborhood. 2. That the utilities be placed underground. 3. That applicant must comply with the approved drainage plan and supply an as-built drainage plan upon completion which shows compliance with the approved drainage plan. 4. That a cash escrow be submitted to ensure the completion of the required landscaping and drainage work and an agreement be entered into granting access to the property if such is needed. Motion carried 5-0. Council Meeting Minutes -5- September 24, 1990 Item #9 PUBLIC HEARING ON THE FINAL PLAT OF OKSNESS ADDITION FOR 7001 PORTLAND AVENUE. C.L. N0. 244 City Manager Prosser reviewed Council Letter No. 244 , regarding the final plat of Oksness Addition for 7001 Portland Avenue. M/Sandahl, S/Ludeman to close the public hearing. Motion carried 5-0. M/Garcia, S/Sandahl to approve the final plat of Okness Addition for 7001 Portland Avenue and direct the Mayor and City Manager to execute the plat and deliver such to the applicant for recordincr within thirty days. Motion carried 5-0. Item #10 RESOLUTION MODIFYING PAYMENT SCHEDULE FOR SPECIAL ASSESSMENT FOR NUISANCE ABATEMENT AND AUTHORIZATION TO EXECUTE AGREEMENT WITH PROPERTY OWNER AT 6345 IRVING AVENUE. C.L. N0. 245 City Manager Prosser reviewed Council Letter No. 245 recommending modification of the payment schedule of special assessments for nuisance abatement at 6345 Irving Avenue. 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 NO. 7670 RESOLUTION MODIFYING PAYMENT SCHEDULE FOR SPECIAL ASSESSMENT FOR NUISANCE ABATEMENT Motion carried 5-0. This resolution appears as Resolution No. 7670 in Resolution Book No. 59. Council Meeting Minutes -6- September 24, 1990 Item #11 CONSIDERATION OF AN APPLICATION FOR REINSTATEMENT OF A RESIDENTIAL KENNEL LICENSE FOR JANET MORRISON, 6337 21ST AVENUE. C.L. NO. 246 City Manager Prosser reviewed Council Letter No. 246 recommending approval of a residential kennel license for Janet Morrison, 6337 21st Avenue, with the following stipulations: 1. That there be no more than three adult dogs (over six months of age) on the property at any time in the next year. 2. That monthly residential kennel inspections be conducted by public safety staff to insure that no problems exist. Irene Pappin, 6336 22nd Avenue, stated concerns about barking dogs and odors related to 6337 21st Avenue. Marian Thompson, 6332 22nd Avenue, spoke in opposition to granting the kennel license. Janet Morrison, 6337 21st Avenue, ~°eviewed plans for the kennel, clean up schedule, use of pine cleaner for odors, and efforts to work with the neighbors to address problems. The City Council discussed their concerns regarding the ongoing nuisance complaints caused by the dogs at this property, including two complaints since the kennel license was revoked in February. M/Ludeman, S/Quam to deny the application of Janet Morrison _ for a residential kennel license at 6337 21st Avenue. •" Motion carried 5-0. Item #12 CONSIDERATION OF CONTRACT FOR TENNIS COURT REPAIR. C.L. NO. 247 City Manager Prosser reviewed Council Letter No. 247 regarding the award of contract for tennis court repairs at Augsburg Park. M/Ludeman, S/Kirsch to award a contract for tennis court reAair and resurfacing at Augsburg Park to Tennis West Ltd. in the amount of 538,683. Motion carried 5-0. Council Meeting Minutes -7- September 24, 1990 ~ 1 ~_. ~I Item #13 CONSIDERATION TO ACCEPT A LETTER OF MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF RICHFIELD AND WALSER AUTOMOTIVE TO RESOLVE THE SIGNAGE ISSUE. C.L. NO. 248 City Manager Prosser reviewed Council Letter No. 248 regarding a proposed Memorandum of Agreement between the City of Richfield and the Walser Corporation regarding billboard signs on their property. City Attorney Dean reviewed the issues related to: 1) Amendment of the Conditional Use Permit 2) The Memorandum of Agreement 1 James Bergin, 7627 Oliver Avenue, spoke in opposition to the agreement, asked about the status of potential litigation on this issue, and about sign ordinance regulations. City Attorney Dean reviewed the issues related to billboard regulatory jurisdiction, potential legal costs and potential damages of a declaratory judgement, and advantages of the Memorandum of Agreement. It was the consensus of the Council that the agreement was in the best interest of the public, that the signs are under the amortization period of the current sign ordinance, stops a possible loss of taxpayers money for litigation or damages, and mitigates a major portion of the issue. M/Ludeman, S/Sandahl to approve the Memorandum of Agreement between the City of Richfield and Walser Automotive regarding the billboard signs. Motion carried 5-0. 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. 7671 RESOLUTION AUTHORIZING EXECUTION OF LETTER AGREEMENT WITH WALSER CORPORATION ("WALSER") AND AUTHORIZING MODIFICATION OF CONDITIONAL USE PERMIT Motion carried 5-0. This resolution appears as Resolution No. 7671 in Resolution Book No. 59. Council Meeting Minutes -$- September 24, 1990 Item #13A REQUEST FOR AMENDMENT TO OFFSTREET PARKING CONTRACT ANIMAL CARE CLINIC, 6521 CEDAR AVENUE. C.L. NO. 239 (Removed from the Consent Calendar) City Manager Prosser reviewed Council Letter No. 239 regarding a request by Dr. LuAnne W. Wendland for an amendment to the offstreet parking contract of the Animal Care Clinic, 6521 Cedar Avenue. John Bonner, attorney representing the applicant, reviewed the remodeling/addition project. He stated the staff suggested storm water catch basin and perimeter curbing was too costly and would jeopardize the feasibility of the project. He indicated the current drainage is adequate and they will only be restripping the existing blacktop area. Discussion followed regarding possible alternatives to address drainage and curb location. It was the consensus of the council that the applicant and staff negotiate to reach the final details of agreement of these issues. M/Sandah~, S/Kirsch to apps©~ie ;he r®quest fer an amendmen~e of existing offstreet parking permit for the Animal Cara clinic, 6521 Cedar Avenue with the following stipulations: 1. That a handicap ramp be constructed adjacent to the.. building's south wall to provide access for the • handicapped. 2. That City engineering requirements for drainage be met. 3. That Cedar Avenue curb cut be increased to 26 feet and = B-618 curbing be added to the perimeter of the property• as needed. ~ Motion carried 5-0. Item #14 LEGISLATIVE REPORT Mayor Quam recognized the efforts of Metropolitan Council Member Gertrude Ulrich in obtaining the approval of the land redesignation in Rich Acres. Item #15 COUNCIL DISCUSSION ITEMS Mayor Quam stated he had been notified that the City will receive a Special National Award in recognition of it's National Night Out activities. He acknowledged the efforts of the community and Public Safety Department regarding this program. Council Meting Minutes -9- September 24, 1990 Item #16 CLAIMS AND PAYROLLS M/Sandahl, S/Ludeman that the following claims and payrolls be agoroved: RICHFIELD STATE BANK Checks 13153-13200; 21603-21905 $814,656.80 FIRST MINNESOTA Check 1110 $ 25,000.00 FIRST WESTERN BANK Checks 5747-5773 $932,320.63 Checks 39125-39160; 40641-40976 Payroll $336,416.10 Motion carried 5-0. ADJOURNMENT The meeting was adjourned by unanimous consent at 8:4~ i Date Approved• 10/8/90 , en Qu Mayor T omas P. Ferber J e D. Prosser City Clerk C y Manager