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08-24-1992 CITY OF RICHFIELD, MINNESOTA REGULAR CITY COUNCIL MEETING August 24, 1992 MEMBERS PRESENT: Martin Kirsch, Mayor; Ivan Ludeman; Michael Sandahl; Kristal Stokes; and William Bullock. 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 Corrine Heine, Acting 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. APPROVAL OF MINUTES Council Member Stokes asked that the regular City Council minutes of August 10, 1992 be corrected to reflect a vote of 4-1 for Item 7A. indicating her vote of nay on the motion. M/Bullock, S/Stokes to approve the minutes of the Special City Council Meeting of August 10, 1992; and the minutes of the regular City Council Meeting of August 10 1992 as amended. Motion carried 5-0. Item #1 OPPORTUNITY FOR PERSONS TO ADDRESS THE CITY COiJNCIL ON ANY ITEM NOT LISTED ON THE AGENDA. Ann Hubbard, 6315 Stevens Avenue, stated concern about the traffic situation at the intersection of 64th Street and Portland Avenue. She stated that the City should be responsible to provide safe access to the park facilities and that the painted crosswalk was not adequate. She requested that a traffic signal be installed at the intersection. Mayor Kirsch stated that the City Council supports the idea of a traffic signal at this intersection; however, Hennepin County must approve it because Portland Avenue is a county road. Council Meeting Minutes -2- August 24, 1992 City Manager Prosser indicated that Hennepin County has conducted two traffic studies of the intersection and the results show that the warrants required by the Manual on Uniform Traffic Control Devices for installation of a traffic control signal are not met. Community Service; the Farmers' Market on also use the ice arena residents had concerns traffic on 64th Street motorists avoiding the intersection. s Director Fondrick discussed the impact of the traffic and efforts to have patrons parking lot. He stated that some that a traffic signal would increase and in the neighborhood because of 66th Street and Portland Avenue City Manager Prosser suggested that the City could utilize targeted Public Safety speed control efforts on Portland Avenue and work with Hennepin County in monitoring the intersection to determine if it will meet traffic warrants. Council Member Ludeman asked that the City Council be provided with the traffic warrant standards for a traffic signal. Item #2 COUNCIL APPROVAL OF AGENDA M/Ludeman, S/Bullock to approve the agenda. Motion carried 5-0. Item #3 CONSENT CALENDAR Council Member Ludeman requested that Item No. 3E be removed from the Consent Calendar and placed on the regular agenda for consideration. Mayor Kirsch directed that Item No. 3E "FINAL PAYMENT FOR STORM SEWER IMPROVEMENT AT 69TH AND XERXES AVENUE; S.M. HENTGES & SONS, INC,; $5,000.00" be removed from the consent calendar and placed on the regular agenda as item 7A. 3A. APPROVED REQUEST FOR AMENDED OFF-STREET PARKING PERMIT AT CHURCH OF ST. RICHARD, 7540 PENN AVENUE C.L. 200 B. APPROVED RESOLUTION REQUESTING HEARING TO DETERMINE PUBLIC GRADE CROSSING WHERE 77TH STREET WOULD INTERSECT THE RIGHT OF WAY AND TRACKS OF SOO LINE RAILROAD C.L. 201 [] Council Meeting Minutes -3- August 24, 1992 RESOLUTION NO. 7908 RESOLUTION REQUESTING HEARING TO DETERMINE PUBLIC GRADE CROSSING WHERE 77TH STREET WOULD INTERSECT THE RIGHT OF WAY AND TRACKS OF THE SOO LINE RAILROAD This resolution appears as Resolution No. 7908 in Resolution Book No. 61. C. APPROVED REVISED SOUTHWEST FIRE MUTUAL AID ASSOCIATION AGREEMENT C.L. 202 D. APPROVED ESTIMATE #1 PAYMENT FOR SITE REDEVELOPMENT OF JEFFERSON PARK; VEIT & COMPANY, INC.; $20,278.26 E. Removed from the consent calendar to be considered on the regular agenda as Item No. 7A. M/Sandahl, S/Ludeman to approve the consent calendar as amended. Motion carried 5-0. Item #4 PUBLIC HEARING AND CONSIDERATION OF RESOLUTION APPROVING REDEVELOPMENT PLAN AND TAX INCREMENT FINANCING PLAN FOR RICHFIELD REDISCOVERED PROGRAM. C.L. NO. 203 City Manager Prosser reviewed Council Letter No. 203 regarding Modification No. 1 to the Richfield Rediscovered Program redevelopment plan and tax increment financing plan. Lawrence Wozniczka, 6744 Wentworth Avenue, discussed his ideas regarding a concept to encourage private development similar to the Richfield Rediscovered Program. M/Sandahl, S/Stokes to close the public heariny. Motion carried 5-0. M/Ludeman, S/Bullock 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. 7909 RESOLUTION APPROVING THE REDEVELOPMENT PLANS AND TAX INCREMENT FINANCING PLANS FOR THE RICHFIELD REDISCOVERED PROGRAM Motion carried 5-0. This resolution appears as Resolution No. 7909 in Resolution Book No. 61. Council Meeting Minutes -4- August 24, 1992 Item #5 CONSIDERATION OF APPROVAL OF RESOLUTION AUTHORIZING DEFEASANCE OF $1,300,000 RECREATIONAL FACILITIES REVENUE BONDS OF 1979. C.L. NO. 204 City Manager Prosser reviewed Council Letter No. 204 regarding the proposed defeasance of the $1,300,000 Recreational Facilities Revenue Bonds of 1979. Council Member Ludeman asked questions regarding the debt left on the golf course and the merits of the proposed bond defeasance. Administrative Services Director Devich reviewed the bond repayment and defeasance repayment schedules. He stated defeasance of the bonds would release the City from the restrictive covenants of the bonds and facilitate creation of the Recreation Enterprise Fund as recommended by the City's Auditor. Wayne Burggraaff, Evanson-Dodge, covenants were included in 1979 prior course and a track record of revenues stated the City was now in a position eliminate the covenants, and create tl Fund. Inc., related that to construction of the golf had been established. He to defease the bonds, ze Recreation Enterprise M/Sandahl, 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. 7910 RESOLUTION RELATING TO GROSS REVENUE RECREATIONAL FACILITIES BONDS OF 1979: PROVIDING FOR THE DEFEASANCE OF THE BONDS Motion carried 4-1. (Ludeman opposed) This resolution appears as Resolution No. 7910 in Resolution Book No. 61. Item #6 CONSIDERATION OF SETTING DATE FOR SPECIAL BUDGET MEETING TO CONSIDER 1992 REVISED/1993 PROPOSED BUDGET AND PROPOSED PROPERTY TAX LEVY. C.L. NO. 205 City Manager Prosser reviewed Council Letter No. 205 recommending that a Special City Council Meeting be scheduled for September 1, 1992 to consider the 1992 Revised/1993 Proposed Budgets and the proposed 1993 Property Tax Levy. Council Meeting Minutes -5- August 24, 1992 M/Bullock, S/Ludeman to schedule a Special City Council Meeting for Tuesday September 1, 1992 at 7:00 p.m. for the purpose of considering the 1992 Revised/1993 Proposed Budgets and the Proposed 1993 Property Tax Levy. Motion carried 5-0. Item #7 CONSIDERATION OF WHETHER TO HOLD A CITY COUNCIL STUDY SESSION ON SEPTEMBER 7, 1992. C.L. NO. 206 City Manager Prosser reviewed Council Letter No. 206 recommending the City Council cancel the Study Session Meeting regularly scheduled for September 7, 1992 because of the Labor Day Holiday. M/Bullock, S/Ludeman to cancel the September 7, 1992 City Council Study Session Meetincr. Motion carried 5-0. 1 C~~ Item #7A FINAL PAYMENT FOR STORM SEWER IMPROVEMENT AT 69TH AND XERXES AVENUE; S.M. HENTGES & SONS, INC. $5,000.00 Council Member Ludeman stated he appreciated that staff had contacted the homeowners. However, he stated concerns that the contractor had not responded to the complaints of the homeowners and that they had to clean up some rocks. He stated he did not support approving the payment. City Manager Prosser reviewed the responsibility of the contractor and City. He stated it would be difficult to legally withhold the payment with no substantiation. Community Services Director Fondrick stated that the residents had contacted engineering about the stones and it was on the contractor's punch list. An inspection report showed the cleanup had been completed by the contractor. It is probable that the homeowners also picked up rocks, but at the time of inspection it had been completed. Council Member Bullock noted the pride of homeowners in their yard and problem in definition of the cleanup. Acting City Attorney Corrine Heine stated that most contracts require the City to advise the contractor as to the remedy of problems. Council Meeting Minutes -6- August 24, 1992 Council Member Stokes stated that the City should provide the homeowners with information about who to contact with questions during the construction project. Council Member Sandahl stated that the City had a legal obligation to pay the contractor. M/Ludeman to deny final payment of 55000 to S.M. Hentges & Sons, Inc. for storm sewer improvement at 69th Street and Xerxes Avenue. Motion failed for lack of a second. M/Sandahl, S/Stokes to approve final payment of 55000 to S M. Hentges & Sons, Inc. for storm sewer improvement at 69th Street and Xerxes Avenue. Motion carried 4-1. (Ludeman opposed) Item #8 AIRPORT STATUS REPORT City Manager Prosser reviewed the following airport issues: • Public hearings are scheduled for the Dual Track Airport Planning Process Decision Document on September 22 at Rosemount High School and September 23 at Richfield High School. e Public information meetings are scheduled for the MSP Re-Use Study on August 31 at Eagan City Hall and on September 3 at Richfield City Hall. • MAC has hired a consulting firm to assist in the application to the FAA for funding the buyout of the New Ford Town/Rich Acres neighborhoods and the environmental assessment of the buyout. • The meeting with the E.P.A. regarding the City's comments on the E.I.S. for the proposed extension of Runway 4-22 has been rescheduled to August 28. Item #9 LEGISLATIVE REPORT None. Council Meeting Minutes -7- August 24, 1992 Item #10 COUNCIL DISCUSSION ITEMS Council Member Sandahl asked about the house movers he recently observed on 76th Street. Public Safety Director Erskine stated that the contractor had obtained a permit from the City. Item #11 CLAIMS AND PAYROLLS M/Ludeman, S/Stokes that the following claims and payrolls be approved: RICHFIELD BANK Checks 15694-15744; 34720-34928 51,026,341.47 NORWEST BANK Checks 1150 FIRSTAR BANK Checks 6953-6977 Payroll 57909-57948; 60128-60565 Motion carried 5-0. ADJOURNMENT $ 7,000.00 $ 895,004.50 $ 401,990.68 M/Sandahl, S/Bullock to adjourn the meeting. Motion carried 5-0. The meeting was adjourned at 8:00 p.m. 9/15/92 ~„~ -- Date Approved: ~~~~ Thomas P. Ferber City Clerk J ~~~~ D. Prosser Manager