01-27-1986CITY OF RICHFIELD, MINNESOTA
REGULAR COUNCIL MEETING
JANUARY 27, 1986
MEMBERS PRESENT: John Hamilton, Mayor; Edwina Garcia;
Martin Kirsch; Ivan Ludeman; and,
Michael Sandahl.
STAFF PRESENT: John Cartwright, City Manager; Clayton
LeFevere, City Attorney; Steven Devich,
Administrative Services Director; Thomas
Ferber, City Clerk; Donald Fondrick,
Community Services Director; Dennis
Kraft, Community Development Director;
and, Thomas Morgan, Public Safety
Director.
The meeting was called to order by Mayor Hamilton at 7:05 P•m•
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES
M/Ludeman, .S/Sandahl to a rove the minutes of the re ular
Council. Meeting of January 13, 198 .
Motion carried 5-0.
Item #1 OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON
ANY ITEM NOT LISTED ON THE COUNCIL AGENDA.
Two students from Richfield High School's DECA program
explained their group project "Enterprise" which will publicize
the importance of free enterprise system in American life and
thanked the Mayor for proclaiming the week of February 13 as
Free Enterprise Week.
Item #2 PRESENTATION OF CERTIFICATES OF APPRECIATION TO THE
RICHFIELD JAYCEES/RICHFIELD WOMEN OF TODAY FOR FUNDING
A TOT LOT AT AUGSBURG PARK. C.L. N0. 37.
Mayor Hamilton presented certificates of appreciation to
representatives of the Richfield Jaycees and Richfield Women of
Today for their donation of $1,600 for the replacement of a tot
lot in Augsburg Park.
Council Meeting Minutes -2- January 27, 1986
Item #3 PRESENTATION OF CERTIFICATE OF APPRECIATION TO ANDREW
RITCHIE AND MICHAEL RITCHIE FOR THEIR ALERTNESS IN
REPORTING A GARAGE FIRE. C.L. N0. 38.
Mayor Hamilton presented certificates of appreciation to
Andrew and Michael Ritchie in recognition for their alertness in
reporting a garage fire.
Item #4 PRESENTATION BY SUBURBAN HEPdNEPIN REGIONAL PARK
DISTRICT ON SERVICES PROVIDED TO COUNTY RESIDENTS.
C.L. 1V0. 3g.
Greg Mack, a member of the Hennepin Parks staff, gave a
slide presentation on the Hennepin Park system and the future
direction of the Park District:
Judith Anderson, Park District Commissioner representing the
Richfield area, urged Richfield residents to use the regional
parks and stated she is available to make presentations to
interested civic organizations.
City Manager Cartwright asked why a resident of Minneapolis
pays less in property taxes to the Hennepin Park District than
a resident of Richfield, assuming both homes have the same
assessed valuation.
Judith Anderson explained the relationship of the City of
Minneapolis to the Hennepin Park District that accounted for the
different tax treatment from Richfield (i.e. parks that have
been designated parks of metropolitan significance).
Item #5 APPROVAL OF AGENDA
M/Ludeman, S/Sandahl to approve the agenda.
Motion carried 5-0.
Item #6 CONSENT CALENDAR
A. REQUEST BY THE FOURTH OF JULY COMMITTEE FOR A FEE
WAIVED LICENSE TO CONDUCT FOURTH OF JULY CELEBRATION
IN CITY PARKS. C.L. 40.
B. PURCHASE IN EXCESS OF $5,000 (UNMARKED POLICE CAR).
C.L. 41 .
Council Meeting Minutes -3- January 27, 1986
C. LEAGUE OF MINNESOTA CITIES 1986 LEGISLATIVE POLICIES.
C.L. 42.
D. AWARD OF BIDS FOR STREET SWEEPER. C.L. 43.
E. AWARD OF BIDS FOR SLUDGE DE WATERING EQUIPMENT. C.L. 44.
F. SCHEDULE LOCAL BOARD OF REVIEW DATE FOR JUNE 2, 1986.
C.L. 45.
G. - SCHEDU-UE-FO~~ILLUMINATED SIGN AT MOPPO'S KITCHEN, 6509
NICOLLET AVENUE. C.L. 46.
H. REQUEST FOR FEE WAIVED PERMITS AND APPROVAL OF OVER
SIZE TEMPORARY PORTA SIGNS AT 66TH AND NICOLLET AND
66TH AND PENN, RICHFIELD SOCCER ASSN. C.L. 47.
I. REQUEST FOR ILLUMINATED SIGN AT RICHFIELD BLOOMINGTON
HONDA, 400 WEST 78TH STREET. C.L. 48.
J. MOTOR VEHICLE DEALERS LICENSES: RICHFIELD
BLOOMINGTON HONDA, NEW MORROW AUTO (RENEWAL); WALLY
MCCARTHY'S OLDSMOBILE, INC. (RENEWAL); WALSER BUICK,
INC. (RENEWAL); TERRY FELDMAN'S IMPORTS (NEW); AND,
UGLY DUCKLING RENT A CAR (RENEWAL).
K. AMUSEMENT DEVICES: PDQ, 813 E. 66TH STREET (1);
SNYDER DRUG, 520 PILLSBURY (2); CHI CHI'S, 7717
NICOLLET, (4); SANDY'S TAVERN, 6612 PENN, (1); LARIAT
LANES, 6320 PENN, (1); AND TOM THUMB, 7619 LYNDALE, (2)
(NUMBER OF AMUSEMENT MACHINES IN BRACKETS).
L. OFF-SALE BEER: FOOD-N-FUEL, 6300 LYNDALE (RENEW);
KAYO OIL, 7700 LYNDALE (RENEW); HAUSERS IGA, 6530
PILLSBURY (RENEW); WALGREENS, 12 WEST 66TH STREET,
(RENEW); AND, SUPERAMERICA, 826 W. 66TH STREET, 2913
WEST 66TH STREET, 7500 LYNDALE, AND 7720 NICOLLET
(RENEW).
City Manager Cartwright stated that the city staff and
consulting engineer recommend that the award of bid for sludge
dewatering equipment, Item #6E., be made to the second lowest
bidder, J.W.I., Inc.; because the apparent low bidder Eimco
Process Equipment Co., did not meet specifications.
M/Sandahl, S/Ludeman to approve the consent calendar.
Motion carried 5-0.
Council Meeting Minutes -4- January 27, 1986
Item #7 HEARING TO CONSIDER ENVIRONMENTAL WORKSHEET ASSESSMENT
OF THE PROPOSED CDR DEVELOPMENT IN THE NORTHEAST
QUADRANT OF THE I35W AND I494 INTERCHANGE. C.L. 49
Mayor Hamilton stated that a meeting had been held on
Saturday, January 26 with representatives of the neighborhood,
the developer, and city staff to discuss issues regarding the
proposed C.D.R. development and that some progress had been
made .
City Manager Cartwright reviewed Council Letter No. 49
regarding the Environmental Worksheet Assessment (EAW) of the
proposed C.D.R. Development. He described several changes in
the resolution making a negative declaration relative to the
need for an Environmental Impact Statement which resulted from
Saturday's meeting. The city manager explained that the
developer has agreed to explore a method to reduce the potential
shadow effect of the project and that undeveloped land south of
76th Street would be maintained as open space. He also stated
that the city will re-evaluate the pedestrian safety situation
on 76th Street at I35W and to consider implementation of noise
mitigation measures along 76th Street and 77th Street.
Community Development Director Kraft reviewed the history of
the C.D.R. Project, the I.L.N. Redevelopment Plan, and the
purpose of the E.A.W. regarding this project.
Bill Davis, 6638 Knox Avenue, representing C.D.R., stated
that the purpose of the E.A.W. was for the developer and the
citizens to give information to elected officials for use in
their decision. He stated that citizens and the developer share
a common interest in doing what is best for the city. He
indicated the developer will be flexible and work with the
neighborhood.
Ron Erickson, Korsunsky, Krank & Erickson (architect for the
developer), provided a detailed response to each question raised
by Mr. Krier's report on the C.D.R. E.A.W. (Mr. Krier presented
his comments at the January 13, 1986, City Council meeting).
Thomas Harms, H.R.A. Chairman, stated that the E.A.W. has
addressed the questions raised by the citizens and that an
Environmental Impact Statement is not necessary.
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Council Meeting Minutes -5- January 27, 1986
Dick Krier, 7404 Girard Avenue, suggested the following
changes to the proposed resolution: that section 2.08 of the
resolution read "will reduce" rather than explore reducing the
shadow effect; that section 2.09 read "to implement" rather than
consider pedestrian safety/and noise mitigation; and, that
another section be added stating that potential environmental
effects have been mitigated because the developer and city will
assure that the expansion of the Lyndale Avenue bridge over 494
will occur when needed. Mr. Krier stated that ponding of storm
water in the-oak forest area could potentially kill those trees.
Larry Woznicska, 6744 Wentworth Avenue, asked what
assurances would be made to guarantee that the northern portion
of the site would not be developed.
Ron Erickson, Korsunsky, Krank, & Erickson, stated that the
developer would give the land to the city and that the developer
would be responsible for maintenance.
Council Member Ludeman stated that the Lyndale Avenue bridge
would have to be widened because of the cumalative affect of .the
C.D.R. development and other I.L.N. development. He stated he
strongly supports the C.D.R. development but that traffic west
of 35W needs to be addressed. He also stated that the in depth
review of the E.A.I. has provided needed answers and he no
longer feels an E.I.S. is required.
Ron Erickson, K. K. & E, reviewed the projected shadow
affects of the project. He also stated that reduction of the
height will require a larger footprint for the building, thus
reducing green space. He stated C.D.R. would work with the
city and neighborhood regarding this issue.
M/Sandahl, S/Ludeman to close the public hearing.
Motion carried 5-0.
M/Sandahl, S/Garcia 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. 7138
RESOLUTION DECLARING THAT THERE IS NO POTENTIAL
FOR SIGNIFICANT ENVIRONMENTAL EFFECTS AND THAT THERE IS
NO NEED FOR AN ENVIRONMENTAL
IMPACT STATEMENT FOR THE PROJECT PROPOSED
BY CDR INVESTMENTS IN THE ILN REDEVELOPMENT PROJECT AREA
Motion carried 5-0. This resolution appears as Resolution
No. 7138 in Resolution Book No. 54.
Council Meeting Minutes -6- January 27, 1986
Item #8 HEA ING TO CONSIDER ORDINANCE PROVIDING FOR MINIMUM
LIQUOR LIABILITY INSURANCE FOR MUNICIPAL LIQUOR
OPERATIONS. SECOND READING. C.L. 50
City Manager Cartwright reviewed Council Letter No. 50
regarding an ordinance to provide the legal authority to require
liquor liability insurance of $500,000 at each municipal store
location.
M/Sandahl, S/Ludeman to close the public hearing.
Motion carried 5-0.
M/Sandahl, S/Ludeman that this constitute a Second Reading
of_ B_ill 1986-2, that it be published in the official newspaper
and that it be made part of these minutes.
Motion carried 5-0.
Item #9 HEARING TO CONSIDER ORDINANCE RELATING TO REGULATIONS
OF VARIOUS COMMERCIAL ENTERPRISES PROVIDING ADULT
ORIENTED SERVICES AND TO REPEAL SECTIONS OF THE
MUNICIPAL CODE OF ORDINANCES REGULATING SAUNAS AND
MASSAGE PARLORS. SECOND READING. C.L. 51.
City Manager Cartwright reviewed Council Letter No. 51
regarding an ordinance regulating commercial enterprises
providing adult oriented services and repealing sections of the
ordinance code regulating saunas and massage parlors.
M/Ludeman, S/Kirsch to close the public hearing.
Motion carried 5-0.
M/Ludeman, S/Sandahl that this_co_nstitute a Second Reading of
of_B_ill 1986-3, that it be ublished in the official newspaper
and that it be made part of these minutes.
Motion carried 5-0.
Item #10 A RESOLUTION REQUESTING MNDOT TO RELEASE JURISDICTION
OF THE FRONTAGE ROAD IN THE 6600 BLOCK OF CEDAR AVENUE.
C.L. 52.
City Manager Cartwright reviewed Council Letter No. 52
recommending the city council pass a resolution to request MnDot
to release jurisdiction of the frontage road in the 6600 block
of Cedar Avenue to the City of Richfield.
Council Meeting Minutes -7- January 27, 1986
Council discussion followed regarding the vacation of b7th
Street between Cedar Avenue and 18th Avenue.
City Manager Cartwright stated the Planning Commission would
hold a hearing on the proposed 67th Street vacation on February
4, 1986.
Community Development Director Kraft stated that notice of
the hearing was sent to an expanded area beyond 350 feet.
The city council directed the City Manager to contact
representatives of the Republic Airlines Credit Union regarding
the status of their project in light of the Norwest-Republic
merger.
M/Sandahl, S/Garcia 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.
RESOLUTION REQUESTING MNDOT TO
OF THE CEDAR AVENUE FRONTAGE ROAD
HIGHWAY 77 ENTRANCE SOUTH
Motion carried 5-0. This resolut
No. 7139 in Resolution Book No. 54.
7139
RELEASE JURISDICTION
FROM 66TH STREET TO THE
OF 66TH STREET
ion appears as Resolution
Item #11 CONSIDERATION OF A STAFF REPORT ON CITY STREET AND
SIDEWALK SNOW REMOVAL EQUIPMENT NEEDS. C.L. 53.
Community Services Director Fondrick reviewed Council Letter
No. 53 regarding the key issues to providing improved street and
sidewalk snow removal capability. Mr. Fondrick recommended that
future sidewalks be constructed six feet wide; that street signs
be relocated behind sidewalks; and that several new pieces of
equipment be purchased in order to improve snow removal.
Council Member Ludeman reviewed his concerns about sidewalk
plowing and stated the council should move forward to purchase
new equipment.
City Manager Cartwright informed the council that Governor
Perpich's proposed budget cuts could result in a loss of over
$300,000 in local government aid to Richfield. Therefore, the
city manager recommended that the council delay action on
additional snow equipment purchases until the budget impact can
be analyzed and reported back to the council.
Council Meeting Minutes -8- January 27, 1986
Council Member Kirsch requested that the cost of the sign
relocations be included in this analysis.
Lawrence Woznicska, 6744 Wentworth Avenue stated that
sidewalk setbacks and snow storage space should be considered
whenever new developments are considered.
Item #12 CONSIDERA ION OF CITY ADMINISTRATION'S PROPOSED
POSITION STATEMENT ON THE DRAFT UPDATED AVIATION
CHAPTER FOR THE METROPOLITAN DEVELOPMENT GUIDE -
PREPARED BY THE METROPOLITAN COUNCIL. C.L. 54
City Manager Cartwright reviewed Council Letter No. 54
regarding the city administration's position statement on the
draft updated Aviation Chapter for the Metropolitan Development
Guide and recommended that the council approve the submittal of
this position statement to the Metropolitan Council.
M/Sandahl, S/Ludeman to_ authorize the city manager to submit
the cit administration's osition statement as contained in
Council Letter No. 54 on the draft viation Chapter for the
Metropolitan Development Guide to the Metropolitan Council.
Motion carried 5-0.
Item #13 A JOINT PROPOSAL OF RICHFIELD ED N PRAIRIE BLOOMINGTON.
TO SEEK A GRANT TO PROVIDE TRANSPORTATION FOR ELDERLY
AND DISABLED RESIDENTS. C.L. 55.
City Manager Cartwright reviewed Council Letter No. 55
regarding a joint proposal of Richfield, Eden Prairie, and.
Bloomington to seek a grant to provide transportation for
elderly and disabled residents.
Mayor Hamilton stated that this was a good program but the
funding committment at this time may not be feasible in view of
the possible budget cuts resulting from the states reduction in
local government aids.
Community Services Director Fondrick stated that this
request was for authority to apply for a grant, but that
priorities need to be assessed to determine if the city should
commit to funding this program now and into the future.
It was the consensus of the council that this was a needed
program, but the budget situation precluded the ability of the
city to commit funds to the program at this time; therefore,
city staff was directed not to apply for the grant.
Council Meeting Minutes -9- January 27, 1986
Item #14 REQUEST FOR AUTHORIZATION TO APPLY FOR A GRANT TO FUND
A NEW POSITION TO BE KNOWN AS OUTREACH WORKER TO SERVE
THE ELDERLY. C.L. 56.
City Manager Cartwright reviewed Council Letter No. 56
regarding a request for authorization to apply for a grant to
fund a new position called Outreach Worker to serve the elderly.
Mayor Hamilton stated that this request was also a need of.
the community, but had larger budget affects than item #13• He
stated that if this position was initiated, it would be very
difficult to discontinue it.
The council directed the staff not to apply for this grant
because of the possible budget cuts which may be required as a
result of a reduction in local government aid.
Item #15 REQUEST FOR AMENDED OFF-STREET PARKING PERMIT AT 445
NICOLLET AVENUE (FIRST MINNESOTA SAVINGS BANK) TO
ALLOW THEM TO EXPAND THEIR DRIVE-UP FACILITY. C.L. 57
City Manager Cartwright reviewed Council Letter No. 57
regarding a request by First Minnesota Bank, 6445 Nicollet
Avenue to ammend their off-street parking contract to allow them
to expand their drive-up facility. '
John Kennealy, manager of the First Minnesota Bank, reviewed
the. site plan of the proposed improvements to the drive-up
facility and parking area.
Council Member Ludeman inquired about the drive-up canopy
and the possibility that narrowing the exit drive apron may
cause accidents.
Mr. Kennedy indicated the canopy would not extend over the
most easterly drive-up station.
Mr. Miller, an architect representing First Minnesota,
indicated that the narrower drive apron would funnel traffic
singly onto-65th Street, increasing the safety of this movement
and discouraging traffic from exiting east toward the
residential area.
Mayor Hamilton asked what_the bank's plans were regarding
the Hub bank building located in the Hub Shopping Center.
Mr. Kenneally said that various options for this building
are still being investigated.
Council Meeting Minutes -10- January 27, 1986
M/Kirsch, S/Sandahl that the following resolution be
adopted; that it be spread in the resolution book and that it be
made part of these minu es:
RESOLUTION N0. 7140
RESOLUTION APPROVING OFFSTREET PARKING PERMIT FOR
FIRST MINNESOTA SAVINGS BANK
6445 NICOLLET AVENUE SOUTH
Motion carried 5-0. This resolution appears as Resolution
No. 7140 in Resolution Book No. 54.
Item #16 CONSIDERATION OF CITY ADMINISTRATION'S RECOMMENDATION
TO ENTER INTO AGREEMENT WITH SELF RELIANCE CENTER FOR
RESIDENTIAL ENERGY AUDITS. C.L. 58.
City Manager Cartwright reviewed Council Letter No. 58
regarding a proposal to contract for reimbursable residential
energy audits with Self Reliance Center.
M/Sandahl, •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. 7141
A RESOLUTION AUTHORIZING A CONTRACT WITH
SELF RELIANCE CENTER TO PROVIDE
RESIDENTIAL AUDITING AND WEATHERIZATION SERVICES
Motion carried 5-0. This resolution appears as Resolution
No. 7141 in Resolution Book No. 54.
Item #17 CONSIDERATION OF FOURTH AMENDMENT TO THE MARKET PLAZA
CORPORATION DEVELOPER'S AGREEMENT PROVIDING FOR
OCCUPANCY ON THE FIRST FOUR FLOORS OF WOODLAKE POINT
CONDOMINIUM. C.L. 59.
City Manager Cartwright reviewed Council,Letter No. 59 -
regarding consideration of a fourth amendment to the Market
Plaza Corporation Developer's Agreement providing a mechanism -
for the issuance of a Certificate of Completion subject to four
stipulations.
Council Member Kirsch inquired why the H.R.A. had not been
unaminous in approving the amendment.
Council Meeting Minutes
-11- January 27, 1986
City Manager Cartwright stated that two H.R.A. commissioners
favored requiring the total building to be complete prior to
allowing any occupancy.
It was the consensus of the council that allowing a phased
occupancy would be beneficial.
M/Kirsch, S/Ludeman to approve the fourth amendment to the
Market Plaza Corporation Develo er's Agreement subject to the
following stipulations:
1. All safety items are approved by the city;
2. All items requiring completion by the city building
official are done;
3. A Certificate of Occupancy is issued; and,
4. The Purchaser of each unit executes an assessment
agreement with the city.
Motion carried 5-0.
Item #18 COUNCIL DISCUSSION ITEMS
. Mayor Hamilton stated that consideration of Commission
appointments by the council would occur on Wednesday, January 29
at 5:30 p.m.
Item #19 CLAIMS AND PAYROLLS
M/Sandahl, S/Kirsch that the following claims and payrolls
be approved:
RICHFIELD BANK AND TRUST
Checks 6699/6745, 80932/81182
FIRST WESTERN BANK
Checks 2774/2803
Checks 7715/8069
MIDWEST FEDERAL
General $705,230.11
General $414,824.44
Payroll $256,184.66
Check 1029
$ 10,000.00
Motion carried 5-0.
Council Meeting Minutes ~ -12- January 27, 1986
ADJOURNMENT
M/Garcia, S/Kirsch that the meeting adjourn.
Motion carried 5-0.
The meeting was adjourned 10:05 .
Date Approved: 2/10/86
o n m' n Mayor
f
Thomas P. Ferber ohn G. Car wri
City Clerk City Manager
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