Loading...
09-23-1991CITY OF RICHFIELD, MINNESOTA REGULAR CITY COUNCIL MEETING September 23, 1991 MEMBERS PRESENT: Martin Kirsch, Mayor; Ivan Ludeman; Kristal Stokes; and William Bullock. MEMBERS ABSENT: 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 Kirsch at 7:00 p.m. PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE Mayor Kirsch led the audience in the Pledge of Allegiance. Mayor Kirsch requested a moment of silence in honor of Ellsworth I. Serstock, a former City Council Member who recently died. APPROVAL OF MINUTES M/Bullock, S/Stokes to apArove the minutes of the City Council Executive Session of September 9, 1991; and the minutes of the regular City Council Meeting of September 9, 1991. Motion carried 4-0. Item #1 PRESENTATION BY MOTHERS AGAINST DRUNK DRIVING (MADD) TO RICHFIELD PUBLIC SAFETY FOR A VEHICULAR MOUNTED VIDEO CAMERA FOR DRIVING WHILE UNDER THE INFLUENCE ENFORCEMENT. Rita Opseth, 6927 17th Avenue, President of the Hennepin County MADD, presented a video camera to Public Safety Director Erskine. She stated MADD had purchased the video camera from donations raised at Snyder Drug Stores. Matching funding was provided by Janet Snyder, in memory of her husband James Snyder, a victim of a drunk driver. Public Safety Director Erskine stated the camera would be mounted in a police car to be used for driving while under the influence enforcement. Council Meeting Minutes -2- September 23, 1991 Item #2 PRESENTATION OF CERTIFICATE OF APPRECIATION TO MARVIN IVERSON. Council Member Ludeman read and presented a certificate of appreciation to retiring Fire Captain Marvin Iverson. Item #3 PRESENTATION OF CERTIFICATE OF APPRECIATION TO DELBERT STEVENS. Council Member Bullock read and presented a certificate of appreciation to retiring Police Investigator Delbert Stevens. Item #3A PRESENTATION TO SISTER CITY DELEGATION FROM HEREDIA, COSTA RICA. Antonio Camacho Ramos, President of the Heredia Chamber of Commerce and Industry, presented a certificate of gratitude and a book about the National Parks of Costa Rica to Mayor Kirsch. Mayor Kirsch presented a Richfield entrance sign to Mr. Ramos. Mayor Kirsch read and presented a certificate of appreciation to Maria Vanessa Camacho Moreira in recognition of her bilingual expertise in acting as an interpreter for the Sister City delegation. Item #4 OPPORTUNITY FOR PERSONS TO ADDRESS THE COUNCIL ON ITEMS NOT LYSTED ON THE AGENDA. John Hamilton, 7220 Harriet Avenue, invited the public to attend the Richfield Foundation Rave Review fundraising event to be held on November 9, 1991. He indicated that a musical group consisting of City Council Members and City staff would also be expected to perform at the show. Floyd Sandell, 6737 3rd Avenue, stated concerns about a missing basketball hoop at Memorial Park and tree trimming on the east side of Richfield. Community Services Director Fondrick reviewed the action being taken to replace the basketball hoop. He then reviewed the City°s comprehensive 10 year tree trimming program for boulevard trees. Council Meeting Minutes -3- September 23, 1991 Item #5 =COUNCIL APPROVAL OF AGENDA M/Ludeman, S/Bullock to approve the agenda. Motion carried 4-0. Item #6 CONSENT CALENDAR Council Member Ludeman requested that Item 6A be removed from the consent calendar. Mayor Kirsch stated that Item 6A. °'Consideration of Approval of Agreement with Bennett, Ringrose, Wolsfeld, Jarvis, Gardner, Inc. (BRW) in estimated amount not to exceed $35,000 to assist City in preparation of environmental assessment and preparation of preliminary geometric design layout for 77th Street reconstruction project from I35W to Cedar Avenue. C.L. No.242'° would be removed from the Consent calendar and placed on the regular agenda as Item 9A. - ~~ 6A. Removed from the Consent Calendar and placed on the:regular __ agenda as Item #9A. ~- B. APPROVED OFF-STREET PARKING PERMIT FOR ASSUMPTION CATHOLIC CHURCH, 305 EAST 77TH STREET C.L. 243 ~~~~ ~~ C. APPROVED PURCHASE IN EXCESS OF $5,000 FOR ESTIMATED 1,000 TON OF ROCK SALT FOR 1991/92 WINTER SEASON FROM CARGILL INCORPORATED-SALT DIVISION FOR TOTAL ESTIMATED PRICE OF $27,770 C.L. 244 D. APPROVED BID MINUTES/TABULATION AND CONTRACT TO E.H. RENNER & SONS FOR DEEP WELL PUMP FOR WELL #7 IN THE AMOUNT OF $17,538 C.L. 245 E. APPROVED PURCHASE IN EXCESS OF $5,000 FOR CONCRETE STREET REPAIR WORK ON 76TH STREET AT 12TH AVENUE TO THOMAS & SONS, INC. IN THE AMOUNT OF $8,800 C.L. 246 F. APPROVED PURCHASE IN EXCESS OF $5,000 FOR CRACK SEALING WORK IN AN EXPERIMENTAL AREA FROM BARGEN, INC. IN THE AMOUNT OF $12,348.00 C.L. 247 G. APPROVED COMMUNITY CELEBRATION EVENT LICENSE AND REQUEST FOR FEE WAIVER FOR RICHFIELD CATTAIL DAYS HELD ON SEPTEMBER 21, 1991 C.L. 248 H. APPROVED APPLICATION FOR NEW RESIDENTIAL KENNEL LICENSE FOR 6633 15TH AVENUE, 2 DOGS AND 4 CATS C.L. 249 Council Meeting Minutes -4- September 23, 1991 I. APPROVED ESTIMATE #2 PAYMENT FOR REHABILITATION AND REPAIR OF WELL #7, KEYS WELL DRILLING, CO., $16,368.02 J. APPROVED FIRST AND FINAL PAYMENT FOR 1991 SIDEWALK, CURB AND GUTTER REPAIR, GUNDERSON BROS, CEMENT CONTRACTORS, CO., 519,551.50 K. APPROVED ESTIMATE ##1 AND FIRST PAYMENT FOR STORM SEWER IMPROVEMENT AT 69TH STREET AND XERXES AVENUE, S.M. HENTGES, INC., $103,069.59 M/Bullock, S/Ludeman to approve the consent calendar as amended. Motion carried 4-0. Item #7 CONSIDERATION OF REQUEST FOR NONCONFORMING USE PERMIT TO ALLOW A DUPLEX ZONED PROPERTY TO RETAIN USE AS FOURPLEX AT 6511-13 21ST AVENUE. C.L. NO. 250 City Manager Prosser reviewed Council Letter No. 250 recommending denial of a request for a nonconforming use permit to allow a duplex zoned property to retain use as a fourplex at 6511-13 21st Avenue. Vince Seiter, owner of 6511-13 21st Avenue, reviewed the history and status of the property. He indicated that the problems that resulted in complaints from the neighbors have been resolved. Mr. Seiter stated the building could easily be brought up to code; however, he said the requirement for 8 parking spaces was a problem. He indicated denial of the nonconforming use permit would eliminate income. which could be used to maintain and improve the property. Ken Colmark, 6512 21st Avenue, stated he had previously complained about the property but had since met with Mr. Seiter to resolve these issues. He stated he was now satisfied and supported the granting of the nonconforming use permit. Doug Anderson, 6505 21st Avenue, stated that the building was not a problem and he was pleased with the tenants. Patty Plourde, Burnett Realty at 5516 Lyndale Avenue, stated she felt it would be unfair if Mr. Seiter was not allowed to keep the building as a fourplex. Steve Mitchell, a tenant at 6511 21st Street, spoke in support of granting the nonconforming use permit. Mike Gallagher, 6313 20th Avenue, spoke in opposition to granting the nonconforming use permit. Council Meeting Minutes -5- September 23, 1991 Council Member Bullock asked Mr. Seiter whether he had accomplished correction of the fire code protection items. Mr. Seiter stated he had done nothing pending the outcome of this permit application. He stated if granted the permit, these items would be completed within the 180 day requirement. Council Member Stokes asked what the status of the parking configuration would be if the application is approved tonight. City Manager Prosser stated that an off-street parking permit would be submitted for Council approval. He stated that it was his understanding that the applicant must comply with the State Statutes regarding handicap parking spaces. Mr. Seiter indicated that 6 cars can park in the current driveways. Council Member Ludeman questioned whether the handicap parking spaces were required. City Manager Prosser stated that staff would verify the statute provisions. M/Ludeman, S/Bullock to close the public hearinv. 1 Motion carried 4-0. M/Stokes, S/Ludeman to approve the nonconforming use permit to allow a duplex zoned property for 6511-13 21st Avenue to remain use as a fourplex with a finding of fact that supports approval and with the following stipulations: 1. All following building codes be met for a four unit apartment: A. Separation walls between units must be in compliance with the fire code. B. Ceiling in basement units must be fire protected. C. All smoke detectors must be operable. D. Electrical panel for all units must have fuses which are in compliance with the electrical code. E. Each unit must have its own electrical meter. F. Combustion air must be provided for furnace in the basement. Council Meeting Minutes -6- September 23, 1991 G. The City must collect a $650 fee for each basement unit for Sewer Availability charge (SAC) per the Metropolitan Waste Control Commission. H. Front steps must be equipped with handrail and guard rail. 2. All required building permits be obtained within 30 days of approval, and all required work be completed within 180 days. 3. All off-street parking requirements be met, including the requirement for two off-street parking spaces per unit, screening of the parking area, handicap parking, an approved drainage plan, a paved parking surface with MnDOT Type B-618 curbing, and a curb cut width of 26 feet to 32 feet. Motion carried 4-0. Item #8 CONSIDERATION OF FIRST READING OF AMENDMENT TO BUSINESS AND 1Rt~DE RE~G~i,ATY©A~S 6F MCD~Y~i~~L GODG 6~ 6RDi~iA~'~E5 RELATING TO TREE CONTRACTORS. C.L. NO. 251 City Manager Prosser reviewed Council Letter No. 251 regarding a proposed ordinance amendment requiring private tree contractors to obtain a permit to work in the City of Richfield. Council Member Ludeman raised issues regarding legal liability, added staff time, unnecessary government regulation, and enforcement. Community Services Director Fondrick stated the purpose of the proposed amendment was to protect property owners by requiring contractors to provide the City with proof of general liability insurance, security bonding, workers compensation insurance, and a commercial pesticide applicators license. He stated that staff would be able to provide residents with a list of contractors who have obtained a permit to do business in the City. M/Bullock, S/Kirsch that this constitute the First Reading of this ordinance amendment to Chapter Xi, adding Section 1197 - Work Relating to Trees, and that the Public Hearing and Second Readinv of the ordinance be scheduled for the October 28. 1991 City Council Meeting. Motion carried 4-0. Council Meeting Minutes -7- September 23, 1991 Itetu #9 CONSIDERATION OF FIRST READING OF TRANSITORY ORDINANCE AUTHORIZING SALE OF 7300 FIRST AVENUE AND ADOPTION OF RELATED RESOLUTIONS. C.L. NO. 252 City Manager Prosser reviewed Council Letter No. 252 regarding resolutions and a proposed transitory ordinance related to authorization of the sale of 7300 First Avenue. M/Bullock, 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. 7798 A RESOLUTION DISPENSING WITH THE REQUIREMENTS OF MINNESOTA STATUTES, SECTION 462.356(b) WITH RESPECT TO THE CONVEYANCE OF PROPERTY LOCATED AT 7300 FIRST AVENUE SOUTH, RICHFIELD, MINNESOTA 1 Motion carried 4-0. This resolution appears as Resolution No. 7798 in Resolution Book No. 60. M/Bullock, S/Ludeman that the following resolution be adopted; that it be spread in the resolution book and that it be made dart of these minutes: RESOLUTION NO. 7799 THE CITY OF RICHFIELD, MINNESOTA CALLING FOR A PUBLIC HEARING ON THE SALE OF CERTAIN LAND Motion carried 4-0. This resolution appears as Resolution No. 7799 in Resolution Book No. 60. M/Bullock, S/Ludeman that this constitute the First Reading 4f this Transitory Ordinance authorizing and providing for the sale, transfer or other disposition and conveyance of certain city owned real progerty located in the City of Richfield (7300. First Avenue South). and that the Public Hearing and Second Readincr of the ordinance be scheduled for the October_14, 1991_ City Council Meeting. Motion carried 4-0. I~ Council Meeting Minutes -8- September 23, 1991 Item #9A CONSIDERATION OF APPROVAL OF AGREEMENT WITH BENNET, RINGROSE, WOLSFELD, JARVIS, GARDNER, INC. (HRW) IN ESTIMATED AMOUNT NOT TO EXCEED $35,000 TO~ASSIST CITY IN PREPARATION OF ENVIRONMENTAL ASSESSMENT AND PREPARATION OF PRELIMINARY GEOMETRIC DESIGN LAYOUT FOR 77TH STREET RECONSTRUCTION PROJECT FROM I35W TO CEDAR AVENUE. C.L. NO. 242 City Manager Prosser reviewed Council Letter No. 242 regarding a proposed agreement with BRW to assist the City in preparation of an Environmental Assessment and of a preliminary geometric design layout for the reconstruction of 77th Street between I-35W and Cedar Avenue. Community Services Director Fondrick reviewed the Environmental Assessment process and it's relationship to the 1- 494 Environmental Impact Statement (E.i.S.). He stated that BRW would assist City staff in completing an Environmental Assessment ~*~ t?~e 77tk~ Streei~ RecAnstsu~;~;ion Prod ect and ~areparation of the preliminary geometric design layouts of 77th Street. He indicated both tasks need to be completed as soon as possible to gain Minnesota Department of Transportation approval to begin construction in the summer of 1992. Otherwise, construction would have to wait until after completion of the I-494 Environmental Impact Statement which means construction could not begin until 1993 at the earliest. M/Ludeman, S/Kirsch to authorize the Mayor and City Manager to enter into an agreement with Bennett, Ringrose, Wolsfeld. Jarvis, Gardner, Inc. in the estimated amount not to exceed 535,000 to assist the City in the preparation of an Environmental Assessment and to pregare the Preliminary Geometric Design Layout for the 77th Street ReconstructionPro_ject from I-35W to Cedar Avenue. Motion carried 4-0. Item #10 LEGISLATIVE REPORT City Manager Prosser stated that staff has been preparing legislative initiatives. City Manager Prosser indicated he had received several calls regarding the 66th Street and Portland Avenue paving projects. He stated that Hennepin County will be completing the raising of manholes and~the final layer of blacktop within two weeks. Council Meeting Minutes -9- September 23, 1991 ~I Item #11 COUNCIL DISCUSSION ITEMS Council Member Stokes discussed the following items: * Reminded interested citizens to attend the MAC Airport Information Meeting to be held on Wednesday, September 25, 7:00 p.m. at the Richfield High School * Complimented the Committee that organized the Cattail Days Festival Council Members Bullock and Ludeman thanked the volunteers :- who assisted in making the arrangements for the visit of the Heredia Sister City delegation and commended the Mayor for his involvement with this event. Mayor Kirsch reviewed some of the future impacts of this Sister City exchange of friendship. Item #12 CLAIMS AND PAYROLLS M/Bullock, S/Ludeman that the following claims and payrolls be approved: RICHFIELD BANK & TRUST CO. Checks 14438-14484; 28539-28790 $1,297,733.32 FIRSTAR BANK Checks 6405-6424 $ 184,598.80 Checks 50772-50809; 51395-51738 S 348,848.08 Motion carried 4-0. ADJOURNMENT M/Bullock, S/Kirsch to adjourn the meeting. Motion carried 4-0. The meeting was adjourned at 8:45 p.~l. a Date Approved : 10 / 14 / 91 ~~~ a tin J. r c `~~ , ~ ,P Thomas P. Ferber J e D. Prosser City Clerk Ci Manager