08-12-19851
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CITY OF RICHFIELD, MINNESOTA
REGULAR COUNCIL MEETING
AUGUST 12, 1985
MEMBERS PRESENT: John Hamilton, Mayor; Howard Bunce;
Ivan Ludeman; Donald Priebe; and,
Michael Sandahl. ~-
STAFF•PRESENT: - John Dean, Assistant City Attorney;
Thomas Ferber, City Clerk; Steven
Devich, Administrative Services
Director/Acting City Manager;
Donald Fondrick, Community Services
Director; and, Bruce Palmborg,
Housing and Redevelopment
Coordinator.
The meeting was called to order by Mayor Hamilton at 7:06 p.m.
PLEDGE OF ALLEGIANCE
P OV L F TES
M/Ludeman, S/Bunce to
Session of Julv 22, 1985,
OPPOR UNI R C ZE S T RESS T U CIL
None
Item #1 COUNCIL APPROVAL OF AGENDA
.~,. Council Member Ludeman stated he wished to have two items
placed under agenda Item No. 18, Council Discussion:.(1) Mowing
of the grass at Richfield Lake, (2) Police survelliance of
parks. ,-
M/Bunce, S/Ludeman that the council agenda be approved as
amended. -
Motion carried 5-0. - -
.•
Motion carried 5-0.
Council Meeting Minutes -2- August 12, 1985
Item #2 P ENT TION F ON P FOR R ABILITAT ON OF 401-35
LYNDALE AVENUE AND SETTING DATE OF HEARING FOR USE OF
INDUSTRIAL DEVELOPMENT REVENUE BONDS. C.L. 282
Community Development Director Kraft reviewed Council Letter
No. 282 regarding the request of Mr. Michael Oreck to utilize
Industrial Development Revenue Bonds to rehabilitate 6401-35
Lyndale Avenue.
Bernard Herman, Architect for the proposed project,
explained the concept plan and responded to 'questions regarding
the project.
M/Sandahl, S/Priebe that the followin resolution be
ado ted that it be s rea in the reso ution ook and that
it a made part of these minu es
RESOLUTION N0. 7041
RESOLUTION CALLING A PUBLIC~HEARING ON A PROPOSED PROJECT
UNDER THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT
Motion carried 5-0 This resolution appears as Resolution
No. 7041 in Resolution Book No. 52. ------ -
Item #3 0 S T CALENDAR
A. COUNCIL CONDISERATION OF MINUTES, TABULATION OF BIDS,
AND AWARD OF CONTRACT FOR RICHFIELD LAKE PATH C.L. 283.
(Placed on Agenda as Item #17A)
B. COUNCIL RATIFICATION OF CITY MANAGER ACTION TO APPROVE
MORTGAGE COMMITMENT AGREEMENTS FOR THE HRA C.L. 284.
(Placed on Agenda as Item #17B)
'C. COUNCIL CONSIDERATION OF PURCHASES IN EXCESS OF $5,000
C.L. 285.
D. COUNCIL CONSIDERATION OF PREPARATION OF ASSESSMENT
ROLLS AND SETTING SEPTEMBER 9, 1985 AS THE DATE OF•
HEARING FOR 1984 L/H/N MAINTENANCE C.L. 286.
RESOLUTION NO. 7043
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RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING
PREPARATION OF PROPOSED ASSESSMENT FOR LHN MAINTENANCE
JANUARY 1, 1984 THROUGH DECEMBER 31, 1984 C.P. 797
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E. COUNCIL CONSIDERATION OF A RESOLUTION TO ESTABLISH AN
L/H/N MAINTENANCE SPECIAL ASSESSMENT PROJECT FOR 1986
AND SETTING SEPTEMBER 9, 1985 AS THE DATE OF HEARING
C.L. 287.
RESOLUTION N0. 7045
RESOLUTION PROPOSING TO SPECIALLY ASSESS FOR THE COSTS
OF CURRENT SERVICES PROVIDED WITHIN THE LYNDALE/HUBj
NICOLLET PROJECT AREA FOR THE PERIOD JANUARY 1, 1986
THROUGH DECEMBER 31, 1986 C.P. 82
F. COUNCIL CONSIDERATION OF A RESOLUTION DECLARING COSTS
TO BE ASSESSED FOR 1984 ALLEY MAINTENANCE AND
SNOWPLOWING AND SETTING DATE OF HEARING FOR SEPTEMBER
g, 1985. C.L. 288
RESOLUTION N0. 7046
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Council Meeting Minutes
-3-
RESOLUTION N0. 7044
August 12, 1985
RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR L/H/N
MAINTENANCE JANUARY 1, 1984 THROUGH DECEMBER 31, 1984
C.P. 797
RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING
PREPARATION OF PROPOSED ASSESSMENT FOR ALLEY
MAINTENANCE AND SNOWPLOWING C.P. 796
RESOLUTION N0. 7047
RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT ALLEY
MAINTENANCE C.P. 796
G. COUNCIL CONSIDERATION OF A RESOLUTION TO ESTABLISH AN
ALLEY MAINTENANCE SPECIAL ASSESSMENT PROJECT FOR 1986
ALLEY MAINTENANCE AND SETTING THE DATE OF HEARING FOR
SEPTEMBER 9, 1985. C.L. 289
RESOLUTION N0. 7048
RESOLUTION PROPOSING TO SPECIALLY ASSESS FOR THE COSTS
OF CURRENT SERVICES PROVIDED FOR ALLEY MAINTENANCE IN
THE CITY OF RICHFIELD JANUARY 1, 1986 THROUGH DECEMBER
31 , 1986 C.P. 820
H. COUNCIL CONSIDERATION OF A REQUEST FOR AN ILLUMINATED
SIGN AT 7614 LYNDALE AVENUE C.L. 290
I. COUNCIL CONSIDERATION OF A REQUEST FOR AN ILLUMINATED
SIGN AT BLOOMINGTON HONDA, 400 W. 78TH STREET C.L. 291
Council Meeting Minutes -4- August 12, 1985
J. COUNCIL CONSIDERATION OF A REQUEST FOR A TEMPORARY
ADVERTISING SIGN AT CLOVERLEAF MOTEL SITE C.L. 292
K. COUNCIL CONSIDERATION OF MUNICIPAL STATE AID (MSA) FIVE
YEAR CONSTRUCTION PROGRAM C.L. 301
RESOLUTION N0. 7049
RESOLUTION APPROVING THE FIVE-YEAR MUNICIPAL STATE AID
(MSA) CONSTRUTION PROGRAM FOR THE CITY OF RICHFIELD
L. ESTIMATE #1 STANDARD SIDEWALK, CP 812 1985 ALLEY PAVING
$69,676.29.
M. ESTIMATE #4, MN. STATE
PEDESTRIAN REPAIR, $g,
N. ESTIMATE #1, BRADLEY &
REMOVAL, $56,943.
0. FINAL PAYMENT TO LAYNE
FOR PNEUMATIC CONSOLES
CURB & GUTTER, SIDEWALK AND
335.74 .
DAVID FREDRICKSON, LIME SLUDGE
MINNESOTA CO FOR 10% RETAINAGE
AT WATER PLANT $8,592.97.
Council Member Ludeman asked that Items 3A and 3B be removed
from the consent calendar and moved to items 17A and 17B.
M/Sandahl, S/Ludeman that the consent calendar be approved
as amended.
Motion carried 5-0.
Item #4 COUNCIL CONSIDERATION OF A REQUEST FO A VARIANCE TO
THE MINIMUM LOT AREA AND SIDEYARD REQUIREMENTS TO
PERMIT SALE OF ONE LOT FOR CONSTRUCTION .OF A DWELLING
AT 7133 LYNDALE AVENUE (REQUEST TO BE WITHDRAWN)
C.L. 293
Acting City Manager Devich stated that Ralph Gale, attorney
for the applicants, had informed the city that the request for a
variance had been withdrawn.
Item #5 OU CIL CONSID RATI N OF A REQUEST FOR A VARIAN TO
THE ZONING ORDINANCE REARYARD SETBACK REQUIREMENTS TO
ALLOW CONSTRUCTION OF AN ADDITION TO THE BUILDING AT
1415 EAST 66TH STREET. C.L. 294
Community Development Director Kraft reviewed Council Letter
No. 294 regarding a request by Helen and Pat Savage for a
variance to allow a 27.33 x 32.0 foot addition to the existing
building at 1415 East 66th Street. Mr. Kraft stated that the
Planning Commission and staff recommend denial of the variance
because the three conditions for granting a variance have not
been met.
Council Meeting Minutes -5- August 12, 1985
Helen and Pat Savage, owners of the property, spoke in
support of their request for a variance to allow an expansion of
the beauty salon facility. They stated that the neighbors to
the south and west approved of the addition.
Bob Jensen, 7328 Freemont Avenue, Planning Commission ,_
Member, spoke in opposition to granting the variance because an
addition could be constructed to the east without a variance and
still provide the additional space the Savage's need.
Mr. Savage said that expanding to the east would create snow
removal, parking, and building layout problems.
M/Ludeman, S/Bunce to close the public hearing .
Motion carried 5-0 .
M/Bunce to de
rearyard_setb
addition to t
the variance to the zoning ordinance
re uirements to allow construction of an
wilding at 1415 ast h Street.
Motion failed for lack of a second.
M/Ludeman, S/Priebe to grant a variance to the zoning
~or_dinance _r_ear~ar_d setbackr_equir~ments to allow
construction of an addition to the buildin at 1415 East
th Street.
Motion carried 4-'I (Bunce opposed).
Item #6 COUNCIL CONSIDERATION OF A REQUEST BY RI HFIELD LATCH
KEY CHILD CARE CENTER FOR A SPECIAL USE PERMIT TO
OPERATE A DAY CARE CENTER AT 7001 ELLIOT AVENUE
C.L.295
Acting City Manager Devich reviewed Council Letter No. 295
regarding a request by Richfield Latch Key Care Center for a
special use permit to operate a day care center at 7001 Elliot
Avenue. The city staff recommended approval of the special use
permit with the stipulation that all fire code violations are
corrected prior to occupancy. The Planning Commission
recommended approval with the stipulation that fire code
violations be corrected within g0 days and a temporary 90 day
occupancy permit be issued provided the code violations are
corrected.
Sivert Hendrickson, Building Official, explained the code
requirements necessary for the proposed use, and presented a
layout of the Elliot School.
Council Member Sandahl said that the stipulations to bring
the building up to code are directed to the child care provider,
not the school district under the staff recommendation.
Council Meeting Minutes ~ -6- August 12, 1985
Council Member Ludeman questioned the need to invoke the
code since the building was a school prior to its current uses.
Council Member Priebe asked if the school district used the
building as a school again, would the same requirements apply.
Sivert Hendrickson replied that since the use had changed,
the new code must be applied. If it were reused as a school,
the new Fire Code requirements would not apply. -
Frank Riley, 6915 Portland Avenue, spoke in support of
granting the special use permit.
Bob Jensen, 7328 Freemont Avenue, Planning Commission
Member, stated that the intention of the commission. stipulation
to bring the building to code was to send a message to the
School District to take action. He said that nothing had been
done to bring Elliot School up to code in two years since
another group had been allowed to occupy a portion of that
building with the stipulation that the code violations be
corrected.
M/Bunce, S/Ludeman to-close the public hearing .
Motion carried 5-0 .
M/Ludeman, S/Bunce to
a day care center at '
Motion carried 5-O.
1
erate
ld
tion
Item #7 COUNCIL CONS DERATION OF A REQUEST FOR A VARIANCE TO
• THE REARYARD SETBACK REQUIREMENTS TO ALLOW CONSTRUCTION.
OF A SECOND STORY ADDITION TO THE DWELLING AT 7645
EMERSON AVENUE C.L. 296
Community Development Director Kraft reviewed Council Letter
296 recommending denial of a request for a variance to the
rearyard setback requirements to allow construction of a second
story addition to the dwelling at 7645 Emerson Avenue.
Don Saeger, 7645 Emerson Avenue, stated he knowingly built
the addition without the required permits or variance because of
his personal and financial situation.
In response to questions from Council Members, Assistant
City Attorney Dean stated that the council should take action to.
deny or approve the variance.
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1. That fire code violations in the building be
corrected to the satisfaction of the Public Safety
Department within 24 months.
Council Meeting Minutes -7- August 12, 1985
• Jerry Probst, Attorney for Mr. Saeger, stated that Mr.
Saeger would forego any added value of the addition if the
variance were granted and the house was acquired for the I.L.N.
Redevelopment.
Mayor Hamilton stated that there was no certainty at this
time that the house would be acquired.
Mr. Probst indicated Mr. Saeger would be willing to move the
house to the center of the lot to make it a conforming
structure.
M/Ludeman, S/Priebe to close the public hearing.
Motion carried 5-0.
M/Priebe, SjBunce to deny a variance to the rearyard setback
reauirements to allow construction of a second story
addition to t e dwe ing at 7645 Emerson Avenue and to
stipulate that the building be brought into compliance ,
within 120 days.
Motion carried 5-0.
Item #8 COUNC L ONSIDERATI N OF A RESOLUTION PROVIDING FOR A
REDUCTION IN MILEAGE REIMBURSEMENT PAID TO CITY
EMPLOYEES C.L. .297
Acting City Manager Devich reviewed Council Letter No. 297
recommending that the city council pass a resolution reducing
mileage reimbursement for city employees who use personal
vehicle for City business from 22 cents-per-mile to 20.5 cents -
per-mile.
M/Ludeman, S/Priebe that the followin resolution be
adopted: that it be spread in t e resolution ook and that
it be made part of these minutes
RESOLUTION N0. 7050
RESOLUTION ESTABLISHING MILEAGE REIMBURSEMENT RATE
Motion carried 5-0 This resolution appears. as Resolution
No. 7050 in Reso ution Book No. 52.
Item #9 CO NCI CONSIDER IO 0 A RESO UTI P OVIDIN F R
POLLING PLACES AND DESIGNATING JUDGES FOR SEPTEMBER 10,
1985 PRIMARY ELECTION C.L. 298
Acting City Manager Devich stated that no more than two
candidates had filed for any elective office by the August 12,
1985, 5:00 p.m. deadline. Therefore, a primary election was not
required and no council action was needed on the matter.
Council Meeting Minutes
-8-
August 12, 1985
Item #10 COUNCIL ON DERATION OF A RESOLUTIO INITI TE THE
ENVIRONMENTAL REVIEW PROCESS - CDR PROJECT FOR THE
FORMER CLOVERLEAF MOTEL C.L. 300
Community Development Director Kraft reviewed Council Letter
No. 300 seeking authorization to initiate the Environmental
Review Process for the propossed CDR Project.
Larry Wozniczka, 6744 Wentworth Avenue, asked if this action
meant approval for the project.
Mayor Hamilton answered that the council was authorizing an
Environmental Assessment Worksheet (EAW) and not approving the
project.
Ron Erickson, Korsunsky, Krank, Erickson Inc. Architects,
explained that the EAW would allow the public to review the.
proposal and to give testimony.
M/Ludeman, S/Sandahl that the following resolution be
ado ted; that it be spread in the resolution book and that
i~be made part of here minutes
RESOLUTION N0. 7051
A RESOLUTION AUTHORIZING AND INITIATING THE ENVIRONMENTAL
REVIEW PROCESS FOR THE CDR PROJECT; AUTHORIZING THE
PREPARATION OF AN ENVIRONMENTAL ASSESSMENT WORKSHEET.
Motion carried 5-0. This resolution appears as Resolution
No. 7051 in Resolution Book No. 52.
Item #11 COUNCIL CONSIDERATION OF A REQUEST FOR A TEMPORARY
OVERSIZED SIGN TO BE LOCATED AT HUB SHOPPING CENTER AND
LINCOLN FIELD AND REQUEST FOR WAIVER OF PERMIT FEE BY
• RICHFIELD FOOTBALL LEAGUE. C.L. 302
Acting City Manager Devich reviewed Council Letter No. 302
recommending denial of the temporary sign request on the basis
that the sign is larger than that allowed by City ordinances.
M/$unce, S/Ludeman to
oversized sign to be
August 23-25. 1985 an
warver o
a rove a ermit for a tem orar
ocated at the Hub ho in Center
L ncoln Field August 25-Septembe
permit fee.
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Motion carried 5-0.
Council Meeting Minutes ~ -g- August 12, 1985
Item #12 COUNCIL CONSIDE A IO OF A STAFF E OMMENDATION TO
REQUEST BIDS FOR A HIGH SPEED~PLAIN PAPER COPIER
C.L.3o3
Acting~City Manager Devich reviewed Council Letter No. 303
regarding a staff recommendation to request bids for a high ~_
speed plain copier. Mr. Devich indicated that the current lease
arrangement for the City~s high speed copier would expire on
September 30, 1985 and preparation for a replacement copier was
necessary.
M/Sandahl, S/Ludeman to authorize city staff to call for
bids for a high speed plain paper copier and service
a reement with ro owls submitted for both the urchase
and lease purchase of the equipment.
Motion carried 5-0.
Item #13 COUNCIL SCHEDULING OF BUDGET EARING DATES TO REVIEW
1985 REVISED AND 1986 PROPOSED BUDGET DOCUMENTS
C.L.304
Acting City Manager Devich reviewed Council Letter No. 304
concerning a proposed schedule for the 1985 revised and proposed
1986 Budget Hearing dates.
M/Bunce, S/Sandahl to schedule the 1985 revised and 1986
Proposed Budget Hearing dates as follows
September 11, 1985 7:00 p,m.
September 18, 1985 -7:00 p.m.
September 25, 1985 7:00'p.m.
October 2. 1985 7:00 p.m. (if necessary)
Motion carried 5-0.
Item #14 COUNCIL CONSIDERATION OF MINUTES, TABULATION OF BIDS, '
AND AWARD OF CONTRACT FOR CITY HALL LOBBY AND LICENSING
DIVISION REMODELING. C.L. 305
Acting City Manager Devich reviewed Council Letter No. 305
recommending the award of contracts for City Hall Lobby and,
Licensing Division Remodeling.
M/Sandahl, S/Bunce 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. 7052.
RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR CITY HALL
4 LOBBY AND LICENSING DIVISION REMODELING C.P. 798
Council Meeting Minutes -10- August 12, 1985
Motion carried 5-0. This resolution appears as Resolution
o. 7052 in Reso ution Book No. 52.
Item #15 OUNCI APPOINTMEN F OUNCIL MEMBERS TO PARTIC PATE
IN INTERVIEWS FOR AUDITOR SELECTION. C.L. 306
Acting City Manager Devich reviewed Council Letter No. 306
recommending that the City Council select two members to serve
on the interview subcommittee for auditor selection. Mr. Devich
informed the council that it was anticipated that the audit
engagement be awarded at the September 23, 1985 City Council
meeting.
M/Ludeman, S/Bunce to appoint Council Members Priebe and
Sandahl to serve on the interview subcommittee for auditor
se action.
Motion carried 5-0.
Item #16 OU C CO IDER I OF PROVAL NI IPAL
AGREEMENT WITH MNDOT FOR THE IMPROVEMENT OF THE
LONGFELLOW AVENUE FRONTAGE ROAD C.L. 307
Community Services Director Fondrick reviewed Council Letter
No. 307 recommending approval of the MnDot Municipal Agreement
for the Longfellow Avenue Frontage Road Improvement project.
M/Ludeman, S/Sandahl that the following resolution be
adopted; that it be spread in the resolution book and tha
it be made part of these minutes
RESOLUTION N0. 7053
RESOLUTION APPROVING MUNICIPAL AGREEMENT BETWEEN THE
MINNESOTA DEPARTMENT OF TRANSPORTATION AND THE CITY OF
RICHFIELD FOR THE LONGFELLOW AVENUE FRONTAGE ROAD
IMPROVEMENT PROJECT - C.P. 803
Motion carried 5-0. This resolution appears as Resolution
o. 7053 n esolu ion Book No. 52.
Item #17 COUNCIL CONSIDERA I N OF RICHFIELD'S APPL CATION FOR
COMMUNITY DEVELOPMENT BLOCK GRANT DISCRETIONARY FUNDS.
C.L. 299
Acting City Manager Devich reviewed Council Letter No. 299
regarding Richfield's application for Community Development
Block Grant Discretionary Funds. The acting City Manager
recommended that two projects"be included in the application;
the Louise Whitbeck Fraser School proposed project, and energy
efficient draperies for the Community Center.
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i~l
Council Meeting Minutes -11- August 12, 1985
M/Ludeman, S/Bunce to authorize staff to prepare detailed
application forms for the pro3ects proposed in Council
Letter No. 299 and submit them to Hennepin County to be
considered for discretionary C.D.B.G. funding.
Motion carries 5-0.
Item #17A COUNCIL CONSIDERATION OF INUTES, TABULATION OF BID ,
AND AWARD OF CONTRACT FOR RICHFIELD LAKE PATH C.L.283
Acting City Manager Devich reviewed Council Letter No. 283
recommending the award of a contract for bituminous mixture for
the path at Richfield Lake.
Council Member Ludeman asked if the path had been raised to
the 116' level since it had been flooded in April, 1985.
Community Services Director Fondrick responded that the path
had-been raised to a minimum elevation of 116' within the last
30 days.
1
M/Sandahl, S/Ludeman that the following resolution be
adopted: that it be spread in the resolution book and
that
RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR
BITUMINOUS MIXTURE FOR PATH AT RICHFIELD LAKE C.P. 7055
Motion carried 5-0. This resolution appears as Resolution
No. 7042 in Resolution Book No. 52.
Item #17B COUNC L RATI CATION OF CITY M NAGER CTI N TO
APPROVE MORTGAGE COMMITMENT AGREEMENTS FOR THE HRA
C.L. 284
Acting City Manager Devich reviewed Council Letter No. 284
regarding ratifying the City Manager's action to execute
mortgage commitment agreements for the HRA. This action secured
$744,000 of low interest mortgage funds for first time
homeowners in Richfield.
Community Development Director Kraft responded to Council
Member Ludeman's questions regarding the funding for specific
sites and refundable fee contributed by the HRA to hold the
mortgage funds. .
M/Ludeman, S/Sandahl to ratify the City Manager's execution
of MHFA mortgage commitment agreements on behalf of the HRA.
Motion carried 5-0.
RESOLUTION N0. 7042
Council Meeting Minutes
-12-
Item #18 COUNCIL DIS USSION ITEMS - NO ACTION
Item #18A MOWING OF RICHFLELD LAKE PARK AREA.
August 12, 1985
Council Member Ludeman stated that the Richfield Lake park
area along Mildred Drive had not been mowed on a regular basis.
Community Services Director Fondrick stated that this was
true because a great deal of staff time had been devoted to the
American Legion Tournament preparation. He said Richfield Lake
will now be mowed on a regular basis.
Mayor Hamilton praised Mr. Fondrick and his staff for the
outstanding fob they did in preparing Donaldson Park for the
American Legion baseball tournament.
Council Member Bunce complimented city staff for the
excellent condition of the fields at Taft Park during a recent
softball tournament.
Item #18B POLICE URVEILLANCE OF PARKS
Council Member Ludeman requested that the Public Safety
Department regularly patrol the parks, especially in light of
the neighborhood disturbance problems at Sheridan Park.
Item #18C REES IN ADAMS HILL PARK
Council Member Bunce requested that the cottonwood trees
growing around the pond in Adams Hill Park be cleared so they do
not obstruct the view of the water area.
Community Services Director Fondrick responded that the city
will selectively prune out trees to maintain the view.
Item'#19 CLAIMS AND PAYROLL
M/Ludeman. S/Priebe that the following claims and payroll be
approved
RICHFIELD BANK AND TRUST
Checks 6066/6160, 78072/78440 General $•1,692,821.05
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Council Meeting Minutes -13- August 12, 1985
FIRST WESTERN BANK
Checks 2406/2449 General. $1,764,910.9.5
Checks 3164/3615 Payroll $ 280,077.04
MINNESOTA FEDERAL
r Check 1017 $ 20,000.00
Motion carried 5-0 .
ADJOURNMENT
M/Ludeman, S/Sandahl that the meeting adjourn.
Motion carried 5-0.
The meeting was adjourned at 9:1;
Date Approved : 8/26/85
omas P. Ferber
City Clerk