03-11-1985CITY OF RICHFIELD, MINNESOTA
REGULAR COUNCIL MEETING
MARCH 11, 1985
MEMBERS FRESENT: John Hamilton, Mayor; Howard Bunce; Ivan
Ludeman; and, Michael Sandahl
STAFF PRESENT: Jahn Cartwright, City Manager; Clayton
LeFevere, City Attorney; Steve Devich,
Administrative Services Director/
Assistant City Manager and Acting City
Clerk; Don Fandrick, Community Services
Director; Dennis Kraft, Community
Development Director; Tom Morgan, Public
Safety Director; and, Tom Carroll,
Investigator
The meeting was called to order at 7:0~ p.m.
PLEDGE°OF ALLEGIANCE
APPROVAL NU
M/Sandahl, S/Ludeman to approve the minutes of the regular
meeting of February 25, 19 5.
Motion carried ~-O.
PRESENTA'I°ION
RECOGNITION 0 MARK AHLQUIST'S OU ANDING SERVI E TO H
RICHFIELD PLANNING COMMISSION AND THE CITY OF RICHFIELD.
C.L. 78
Mayor Hamilton pressented a Certificate of Appreciation to
Mark Ahlquist for his outstanding service to the Richfield
Planning Commission and the City of Richfield.
OP OR U OR I S A D OU L
Art Cosgrove, 721# Penn Avenue South, spoke regarding a
complaint. Mr. Cosgrove felt the City should direct his
neighbor to remove three bee hives which are being kept in a
residential neighborhood. He stated the bees were a nuisance.
City Manager Cartwright responded that he was familiar with
• the situation and that he and a staff member of the Nature
Center inspected the bee hives at the home of Mr. Riley last
summer.
The City Manager also stated that he had received a
neighborhood petition supporting the bee hives last summer. The
City Manager stated that the bee hives may be in violation of
City ordinance, and that he would work with Mr. Riley to ensure
compliance.
Council Meeting Minutes -2- March 11, 1885
Beverly Bue, 7438 4th Avenue South, spoke against a house
being built at 75th and 4th Avenue South. This residence is '
being constructed with a 31, foot front yard setback while other
homes on the same side of the block have a 50-foot front yard
setback.
City Manager Cartwright stated the home in question is in
conformance with the setback requirements of the zoning code.
Gene Bue, 743$ 4th Avenue South, said the house should
conform to the rest of the neighborhood, with the same setback
depth, even though the construction appears to be legal.
Cauncilmember Ludeman instructed staff to examine the
current ordinance with respect to setbacks.
Paul Knutson, Minneapolis, stated that he wished to clear up
a matter relating to the last Council meeting. He stated that
Councilmember Priebe did not call him to tell him about any
residentts opinion regarding Knutsonts request far a special use
permit to operate a restaurant at 7724 Morgan Avenue South.
Mike Sandahl read the following letter written by
Councilmember Priebe regarding the incident of the Council
meeting of February 25, 1985:
"March 7, 198.5
Editor, Richfield Sun
At the February 25 meeting, Mrs. Lorraine Schreyer of 7616
Morgan appeared before the City Council to accuse me of having
violated her confidence and privacy by giving her name and phone
number to Mr. Paui Knutson, whose request for a restaurant in
the Viking Center had been denied by the Council on February
11. Both Mrs. Schreyer and Mr. Knutson had called me to discuss
the matter as I was the only one to vote in favor of his request.
Mr. Knutson had also called Mrs. Schreyer and this led to her
irresponsible attack on me. I had not spoken to Mr. Knutson
after speaking to her. Although the Mayor and some members of
the staff were aware of Mrs. Sehreyer~s intention to appear at
the Council Meeting for several hours or even days before the
meeting, I was not advised until two minutes before the meeting
began and thus, had no opportunity to prepare any rebuttal
except vigorous denial of her unsubstantiated pubiie charges.
Any elected official must take attacks on their integrity very
seriously. I know I do.
After the meeting, I called Mr. Knutson and asked him how he
had came to call Mrs. Schreyer and how he had obtained her phone
number. He informed me that because other Council members had
told him they voted against his proposal due to neighborhood
opposition, he decided to call them and had obtained their names
and numbers from the reverse telephone directory at the Public
Council Meeting Minutes -3- March 11, 1985
Library. In addition to Mrs. Schreyer he -had called ten of her
close neighbors.
If she had taken the least trouble to investigate the matter
before appearing at the televised meeting this information would
have been readily available to Mrs. Schreyer and this entire
embarrassing episode would not have had to occur.
D. J. Priebe"
Mayor Hamilton stated he wasn't sure if Mrs. Schreyer would
be at the last Council meeting. He further stated that as soon
as he was aware of her presence before the meeting he infarrned
Mr. Priebe. The Mayor also stated that he defended Mr. Priebe
in this matter.
Item ~~1 OUNCIL APP OVAL 0 G ND
Councilmernber Ludeman asked that discussion on snowplowing
during the most recent snow storm be added to the agenda as item
19A.
M/Ludeman, S/Bunce that the agenda be approved as amended.
Motion carried ~4-0.
Item ~~2 0 AL D R.
A. COUNCIL CONSIDERATION OF MINUTES, TABULATION OF
BIDS, AND AWARD OF CONTRACT FOR PURCHASE OF
ARTICULATED AERIAL DEVICE. C.L. 79
B. COUNCIL CONSIDERATION OF REQUEST FOR AN
ILLUMINATED SIGN AT NAUTILUS SWIM AND FITNESS
CENTER. C.L. 80
C. COUNCIL CONSIDERATION OF REQUEST FOR AN
ILLUMINATED SIGN AT WEIGHT WATCHERS. C.L. 81
D. COUNCIL CONSIDERATION OF REQUEST FOR AN
ILLUMINATED SIGN AT SALON MAGIC. C.L. 82
E. COUNCIL CONSIDERATION OF PURCHASE IN EXCESS OF
$5,000 FOR POLICE VEHICLE. C.L. 83
F. LICENSES:
RICHFIELD ICE CENTER, AMUSEMENT DEVICES, RENEWAL
CONDON DRUG, AMUSEMENT DEVICES, RENEWAL
COLONIAL LODGE MOTEL, MOTEL LICENSE, RENEWAL
RENTAL EQUIPMENT, RENTAL OF UTILITY TRAILERS
LICENSE, RENEWAL
WALSER BUICK, NEW AND USED MOTOR VEHICLES, RENEWAL
WALSER IMPORTS, NEW AND USED MOTOR VEHICLES,
RENEWAL
UGLY DUCKLING RENT-A-CAR, USED MOTOR VEHICLES,
RENEWAL
RICHFIELD AUTO BROKERS, NEW AND USED MOTOR
VEHICLES, RENEWAL
TIP TOP CAR WASH, CAR WASH LICENSE, RENEWAL
ROYAL CAR WASH, CAR WASH LICENSE, RENEWAL
Council Meeting. Minutes -4- March 11, 1985
EDDIES SOUTHDALE CAR WASH, CAR WASH LICENSE,
RENEWAL
SHAKEY'S PIZZA, OFF-SALE BEER
TOTAL PETROLEM, OFF-SALE BEER
KAYO OIL JET STATION OFF-SALE BEER (PENN AVENUE)
KAYO OIL JET STATION OFF-SALE BEER (LYNDALE
AVENUE)
M/Ludeman, S/Bunce that the consent agenda be approved.
Motion carried 4-0.
Item ~~3 IL 0 D RA I 0 N A E D N 0 PLAN D
UNIT DEVELOPMENT, THE FINAL DEVELOPMENT PLAN, AND THE
SPECIAL USE PERMIT APPLICATION FOR A DRIVE-UP FACILITY
FOR MCDONALD'S RESTAURANT AT THE RICHFIELD STATE
AGENCY SITE. C.L. 8~+
Community Development Director Kraft reviewed Council Letter
~~8~4 relating to an amendment to the Planned Unit Development,
the final development plan and the Special Use Permit
application for a drive-up facility for McDanald's restaurant
at the Richfield State Agency site. Mr. Kraft reported that
after consideration of the proposed changes, City staff
recommends that the City Council approve the PUD amendment and
special use permits conditional upon the stipulations set forth
in Council Letter ~~$4 related to the parking lot and structure
at 6637 Lyndale Avenue South.
Carl McBride, Richfield State Agency, spoke regarding the
traffic flow into and out of the restaurant site.
Randy Bergh anal Charlie Adams, McDonald's Corporation,
reviewed the plans for the McDonald's restaurant and the traffic
flaw through the proposed project.
McDonald's and RSA representatives agreed with the City that
a driveway at 66th Street west of the medical building and
one driveway on the vacated Harriet Avenue will be changed to at
least 32' width.
Lorin Gasterland, 6716 Garfield Avenue South, spoke in
opposition to the McDonald's restaurant at -the Richfield State
Agency.
Mark Johnson, 728 Lyndale Ave., spoke in opposition to the
McDonald's restaurant at the site.
M/Bunce, S/Ludeman to close the public hearing.
Motion carried ~-0.
Couneilmember Sandahl raised a concern regarding the
potential effect upon Little Bob's Park and of the potential
for a trash problem.
Council Meeting Minutes -5- March 11, 1985
Mr. Bergh responded that outside seating would be designated
near the atrium portion of the proposed facility. He further
stated that a responsible trash pick-up operation will maintain
the facility. McDonald's does not expect to create any problems
for Little Bob's Park in terms of trash and litter.
There was discussion regarding the size of the signage to be
used for McDonald's and whether the signs would meet the LHN
guidelines.
M/Bunce, S/Sandahl to approve an amendment to the Planned
Unit Develo ment, the final develo ment plan, and the Special
se ermit a ication con itioned upon City Council approva
a he si nage the two riveways be n wi ene to 32 eet an
the sti u ations set orth in the City Counei Letter ~ 4.
Motion carried 4-0.
fl
Item ~~4 0 D RA R L 0-
AND OFF-SALE MALT LIQUOR (3.2 BEER) AT AIRPORT BOWL.
C.L. 85
City Manager Cartwright reviewed Council Letter ~~85
recommending approval of. the license renewal for on-sale and
off-sale malt liquor (3.2) at the Airport Bowl.
M/Ludeman, S/Bunce to close the public hearing.
Motion carried ~-0.
M/Bunce, S/Sandahl to approve license renewal for the on-
sale and off-sale malt iquor.
Motion carried 4-0.
Item ~~5 L CO S DERA ION 0 LICENSE REN AL OR ON-SAL
AND OFF-SALE MALT LIQUOR (3.2 BEER) AT FRENCHMAN'S
RESTAURANT. C.L. 86
City Manager Cartwright reviewed Council Letter ~~86
recommending approval of the license renewal for on-sale and aff-
sale malt liquor (3.2 beer) at Frenchman's Restaurant.
M/Ludeman, S/Sandahl to close the public hearing.
Motion carried 4-0.
L
M/Ludeman, S/Sandahl to approve the license renewal for on-
sale and off-sale malt liquor.
Item ~~6 COUNCIL CONSIDERATION OF LICENSE RENEWAL FOR 0 -SALE
AND OFF-SALE MALT LIQUOR (3.2 BEER) AT KENNY'S FAMILY
RESTAURANT. C.L.. 87
Council Meeting Minutes -6- March 11, 1885
City Manager Cartwright reviewed Council Letter 487
recommending approval of the license renewal for on-sale and
off-sale malt liquor (3.2 beer) at Kenny's Family Restaurant.
M1Bunce, S/Ludeman to close the public hearing.
Motion carried.
M/Bunee, S/Ludeman to approve licens_e__renewal for on-sale
and off-sale malt liquor.
Motion carried ~-0.
Item ~~7 COUN IL CONSID R TION 0 LIC NSE E E AL OR ON-SALE
AND OFF-SALE MALT LIQUOR (3.2 BEER) AT SANDY'S
TAVERN. C.L. 88
City Manager Cartwright reviewed Council Letter ~~88
recommending approval of the license renewal for on-sale and
off-sale~(3.2 beer) at Sandy's Tavern.
M/Bunee, S/Ludeman to close the public hearing.
Motion carried ~-0. .
M/Ludeman, S/Bunee to approve license renewal for on-sale
and off-sale malt liar.
Motion carried 4-0.
Item #8 P BL C HEAR NG THE ADOPTION OF HE A SE-SS ENT ROLL
FOR CITY PROJECT N0. 793, 1984 ALLEY PAVING PROJECT.
C.L. 89
City Manager Cartwright reviewed Council Letter 489 relating
to the adoption of the assessment roll for City Project ~~793~
1984 Alley Paving Project.
M/Ludeman, S/Sandahl to close the hearing.
Motion carried 3-0. (Councilmember Bunee was temporarily
absen or this roll call.)
M/Ludeman, S/Sandahl that the following resolution be
adopted• that it be s read in the reso ution book an that it be
ma a part o these minutes:
RESOLUTION N0. 7019
RESOLUTION ADOPTING ASSESSMENT ON CITY PROJECT
NUMBER 793, 1984 ALLEY PAVING
Motion carried 3-0. This resolution appears as Resolution
No. 7019 in Resolution Book No. 52.
Council Meeting Minutes -7- March 11, 1985
Item ~~~C AN- A END
RELATING TO MINIMUM WIDTH STANDARDS FOR MULTI-FAMILY,
INDUSTRIAL AND COMMERCIAL DRIVEWAYS. FIRST READING.
C.L. 90
City Manager Cartwright reviewed Council Letter #90
regarding the First Reading of an ordinance amendment relating
to minimum width standards for multi-family, industrial and
commercial driveways.
M/Ludeman, S/Sandahl that this constitute a First Reading of
Bill No. 1985-6 and that Second Reading of this ordinance
amendment a sche uled or Aril , 19 5.
Motion carried 4-0.
Item ~~10 COUNCIL CONSID RATION 0 AN ORDI ANCE ES ABLISHING A
STORM WATER DRAINAGE UTILITY FEE FOR THE CITY OF
RICHFIELD. FIRST READING. C.L. 91
1
City Manager Cartwright reviewed Council Letter ~~91
regarding the First Reading of an ordinance establishing a storm
water draihage utility fee. Mr. Cartwright said an
informational brochure would be used to notify the public prior
to the public hearing.
Don Fondrick, Community Services Director, answered
questions from the City Council regarding the proposed ordinance.
Councilmember Ludeman spoke in opposition to the proposed
ordinance and of bonding for improvements.
Councilmember Bunce questioned whether utility fees should
be charged to churches for storm water maintenance, operations
and construction.
M/Sandahl, S/Bunce that this constitute a First Reading of
Bill No. 1985-5, and that Secon ea ing o this or finance
amen went be sche u ed or April 8, 19 5.
Motion carried 3-1. (Ludeman opposed.)
Item 4~ 1 1 I S D RA 0 A A D T RD
ESTABLISHING COUNCIL SALARIES. FIRST READING.
C.L. 92
M/Sandahl, S/Ludeman to table this item until the first City
Council meeting in April.
Motion carried.
Council Meeting Minutes -$- March 11, 1985
Item 4~ 12 0 L D L
PLACEMENT OF OUTSIDE AIR CONDITIONING UNITS ON MULTI-
STORY DWELLINGS. C.L. g3
City Manager Cartwright reviewed Council Letter 493 relating
to First Reading consideration of an ordinance regulating the
placement of outside air conditioning units on multi-story
dwellings.
M/Ludeman, S/Sandahl to refer this item to the Planning
Commission for consideration.
Motion carried 4-0.
Item #13 0 S D RA ION 0 A RESOLU ION RECEIVING
PRELIMINARY REPORT AND CALLING A PUBLIC HEARING FOR
1985 ALLEY PAVING PROJECT, CITY PROJECT 812. C.L. g4
City Manager Cartwrigh reviewed Council Letter ~~94
recommending the approval of a resolution receiving the
preliminary report and setting a public hearing date for 1985
Alley Paving Pro~eet.
M/Bunee, S/Ludeman that the following resolution be adopted•
that_it be spread in the reso utlon book and t at i be made
part of these miriutesc
RESOLUTION N0. 7016
RESOLUTION RECEIVING PRELIMINARY REPORT AND
CALLING A PUBLIC HEARING FOR 1985 ALLEY PAVING PROJECT,
CITY PROJECT 812
Motion carried 4-0. This resolution appears as Resolution
No. 701 in Reso ution Book No. 52.
Item ~~14 OU C L CONSID RATION OF A ESOL TION 0 AU ORIZE
TEMPORARY FINANCING FROM THE PERMANENT IMPROVEMENT
REVOLVING FUND FOR STORM SEWER IMPROVEMENTS, CITY
PROJECT 813. C.L. 95
City Manager Cartwright reviewed Council Letter ~~95
recommending authorization far temporary financing from the
Permanent Improvement Revolving Fund for Storm Sewer
Improvements, City Project 813.
M/Bunee, S/Ludeman that the following resolution be adopted;
that it be s read in the resolution book and that it be made
part of these minutes:
Council Meeting Minutes -g- March 11, 1985
RESOLUTION N0. 7017
RESOLUTION TO AUTHORIZE TEMPORARY FINANCING FROM
THE PERMANENT IMPROVEMENT REVOLVING FUND FOR STORM SEWER
IMPROVEMENTS, CITY PROJECT 813
Motion carried 4-0. This resolution appears as Resolution
No. 7017 in Resolution Book No. 52.
Item ~~15 C 0 SID RA 0 0 A OLU 0 ABLIS G A
PENALTY FOR DELINQUENT SEWER AND WATER SERVICE RATES
AND CHARGES, C.L. 96
City Manager Cartwright reviewed Council Letter ~~g6
recommending a penalty for delinquent sewer and water service
rates and charges.
There was discussion regarding increasing tYie 5~ penalty to
10~. If the 5~ penalty is not effective, a change to 10~ may be
necessary in the future.
Attorney LeFevere stated that in paragraph 5 of the
resolution the wards "amount that is with the full" be stricken,
and that the word "af" after "annual installment" be replaced
with the ward "including".
M/Ludeman, S/Sandahl that the following resolution be
ado ted as amended• that it be s read in the reso ution book and
that it a made dart o these minutes:
RESOLUTION, NO. 7018
RESOLUTION ESTABLISHING A PENALTY FOR DELINQUENT
SEWER AND WATER SERVICE RATES AND CHARGES
Motion carried ~-0. This resolutian appears as Resolution
Na. 701 in esalution Book No. 52.
Item ~~16 0 IL D SIG ATIO OF CIT OUNCIL LIAISON TO ILN
STUDY COMMITTEE. C.L. 97
Mayor Hamilton proposed that instead of appointing one
Council liaison person to the ILN Study Committee, that all
councilmembers be encouraged to attend as many ILN Study
Committee meetings as possible, due to the importance of the
committee assignment.
There was consensus on the Mayor's proposal.
Gertrude Ulrich, 7601 Aldrich Avenue South, stated that
there will be a meeting with City staff within the next week to
plan the first public meeting. Mrs. Ulrich spoke in favor of
the Mayor's proposal for full City Council participation at the
ILN meetings.
Council Meeting Minutes -10- March 11, 1885
Item X617 C U 0 IR AT 0 0 T 0 A L 15, 1g ,
FOR A JOINT MEETING OF THE RICHFIELD CITY COUNCIL AND
THE RICHFIELD SCHOOL BOARD. C.L. g$
The April 15, 1885 concurrent School Board and City Council
meeting will begin at 5:30 p.m. at the School Administration
offices.
M/Ludeman, S/Bunee to approve the special meeting date of
April 15 for meeting wit t e Rich ze Schoo oard.
Motion carried 4-0.
Item ~~18 C U CIL 0 ID RA ION 0 AN AD I ISTRAT VE
RECOMMENDATION TO REQUIRE PET VACCINATIONS AS A
REQUIREMENT IN THE PROCESSING OF APPLICATIONS FOR
ANIMAL LICENSES. C.L. 99
City Manager Cartwright reviewed Council Letter #99
recommending establishing a pet vaccination requirement in the
licensure of animals.
M/Ludeman, S/Bunee to direct the staff to prepare an
ordinance relating to pet vaccination requirements for- a future
council meeting.
Motion carried 4-0.
Item ~~19 C0 L ONSIDER I O A R POR RELA I G 0 T E
ISSUANCE OF CHARITABLE G~iMBLING LICENSES. C.L. 100
City Manager Cartwright reviewed Council Letter 4100
recommending the dual option for the issuance of charitable
gambling licenses. The City Manager recommended that the City
continue licensure of gambling establishments not licensed by
the state until June 1, 1985.
Several Councilmembers expressed opposition to the state
takeover of gambling licensure. It was agreed that
Councilmembers may on an individual basis contact legislators to
make them aware of their position.
M/Ludeman, S/Bunee to proceed with the dual licensing option
until June 1 1885, as propose in Counci Letter X100.
Motion carried 4-0.
Item ~~1gA S-r O1~W REMOVAL
Couneilmember Ludeman was concerned with snow removal at
several intersections (especially 63rd & 64th and Harriet Ave.)
during the last snow storm. Mr. Ludeman reported that 65th and
66th Street sidewalks are not plowed.
Council Meeting Minutes
-11-
March 1 1 , 1 g85
Community Services Director Fondrick responded that once all
streets were plowed, equipment was dispatched to clear
intersections. He further stated every effort has been made
to remove snow from streets and sidewalks with the limitations
of staff and equipment.
The Mayor commended City employees for the plowing job done
during the 17 inch snow storm.
~~
Councilmember Sandahl questioned the need to continue to
fallow the procedure requiring 3.2 beer license renewal
applications to come before the council for a hearing.
•The City Attorney was directed to prepare an ordinance to
only require a hearing with the applicant present if the
Director of Public Safety felt there was a problem warranting
City Council consideration.
Stem ~~20 A D A
M/Bunce, S/Ludeman that the fallowing cla~.ms and payrolls be
approved:
RICHFIELD BANK AND TRUST
Checks 5519/5594, 75674/75906
FIRST WESTERN BANK
Cheeks 2136/2163 General
Checks 430.44/43368 Payroll
Motion carried 4-0.
AD J R NT~"i~'
$977:582.16
$634,271.98
$249,044.37
MlLudeman, S/Sandahl that the meeting adjourn.
Motion carried 4-0.
The meeting was adjourned at g:3~
Dat~ Approved : APril 8, 1985
~ ~~~
even De~?rc~i feting (City Cler