11-10-1986CITY OF RICHFIELD, MINNESOTA
REGULAR CITY COUNCIL MEETING
November 10, 1986
MEMBERS PRESENT: John Hamilton, Mayor; Ivan Ludeman; Michael
Sandahl; Martin Kirsch; and Edwina Garcia
(arrived at 7:03 p.m.).
STAFF PRESENT: James Prosser, City Manager; Thomas P.
Ferber, City Clerk; Bruce Palmborg, Acting
Community Development Director; Ron
Richardson, Police Captain; Bill Rollick,
Investigator/Agent; Rick Jopke, City Planner;
and John Dean, Acting City Attorney.
The meeting was called to order by Mayor Hamilton at 7:01 p.m.
PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE
Mayor Hamilton led the audience in the Pledge of Allegiance.
APPROVAL OF MINUTES
M/Sandahl, S/Kirsch to apQrove the minutes of the re ular
cit~co~ncil meetino of October 27, 1986.
Motion carried 4-0. (Council Member Garcia was absent when
this vote was taken
Item #1 OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL
ON ANY ITEM NOT LISTED ON THE AGENDA.
No one wished to address the council.
Item #2 PRESENTATION TO THE AMERICAN LEGION OF A PROCLAMATION
DESIGNATING NOVEMBER 16-22 AMERICAN EDUCATION WEEK IN
THE CITY OF RiCHFiELO. C.L. a21.
Mayor Hamilton read and presented a proclamation to Mr.
Steven George, American legion District Commander, designating
November 16-22 as American Education Week in the City of
Council Meeting Minutes
-2- November 1D, 1986
Richfield and thanked the .American Legion for it's support of
educational activities.
Item #3 COUNCIL APPROVAL OF AGENDA
M/Sandahl, S/Garcia to approve the agenda.
Motion carried 5-0.
Item #4 CONSENT CALENDAR
A. APPROVED THE PURCHASE OF COMPUTER AIDED DISPATCH SYSTEM
C.L. 422.
B. APPROVED REQUESTS FOR PERMITS FOR ILLUMINATED SIGNS AT
STATE FARM, 6417 PENN AVE.; ANDON BALLOONS, 1230 E.
66TH ST.; DRUG EMPORIUM, 780 W. 66TH ST.; NAPA AUTO
PARTS, 718 W. 77 ST. C.L. 423.
C. APPROVED FINAL PAYMENT TO RICHARD KNUTSON, INC.
CONCRETE JOINT SEALING $60,461.23.
D. APPROVED ESTIMATE ~~1 GUNDERSON BROS. CO.~ SIDEWALK, CURB
AND GUTTER REPAIR $30,649.82.
M/Sandahl, S/Ludeman to approve the consent calendar.
Motion carried 5-0.
Item #5 HEARING OF A REQUEST FOR A SPECIAL USE PERMIT TO PERMIT
A DRIVE-THRU WINDOW AT THE DAIRY QUEEN, 7533 LYNDALE
AVENUE. (REQUEST WITHDRAWN). C.L. 424.
City Manager Prosser stated that Mr. Thomas Austin had
withdrawn his request for a special use permit to allow a drive-
thru window at the Dairy Queen, 7533 Lyndale Avenue because he
had been unable to acquire the additional property needed to meet
city ordinances.
4~
Council Meeting Minutes
-3- November 10, 1986
Item #6 REQUEST FOR A SPECIAL USE PERMIT AT 6601 NICOLLET AVE.
TO ALLOW A LEEANN CHIN RESTAURANT TO LOCATE IN
RICHFIELD SHOPPES SOUTH (TO 8E CONTINUED TO DECEMBER 8,
1986). C.L. 425.
City Manager Prosser reviewed Council Letter No. 425 stating
that the developer had requested that the city council continue
until December 8th consideration of their request for a special
use permit at 6601 Nicollet Avenue to allow a LeeAnn Chin
Restaurant to locate in Richfield Shoppes South.
M/Ludeman, S/Kirsch to continue consideration of a request
fo_r_a special use permit at 6601 Nicollet Avenue to allow a
LeeAnn Chin Restaurant to locate in Richfield Shoppes South to
the December 8, 1986 city council meeting.
Motion carried 5-0.
Item #7 PUBLIC HEARING ON RENEWAL OF ON-SALE WINE AND NON-
INTOXICATING MALT LIQUOR LICENSE FOR DAVANNI'S PIZZA
AND HOT HOAGIES, 2312 WEST 66TH STREET. C.L. 426.
Assistant City Attorney presented a resolution for city
council consideration regarding the on-sale wine licenses of
Davanni's Pizza and Shakey's Pizza. He stated that the
resolution provides for the renewal of their on-sale wine
licenses and the continuance of their current food service
methods which may not meet the strict definition of a sit-down
restaurant as defined by ordinance. Mr. Dean stated that it may
be appropriate to deny such initial applications but recommended
approval of the renewal of the Davanni's and Shakey's on-sale
wine and non-intoxicating malt liquor licenses because it would
be unjust to deny the licenses on this basis at this time.
Council Member Sandahl stated that he is familiar with
Shakey's operation and considers it to be a sit down restaurant.
M/Kirsch, S/Garcia to close the public hearing.
Motion carried 5-0.
[~
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 N0. 7252
RESOLUTION REGARDING RENEWAL OF ON-SALE
WINE LICENSES TO CERTAIN ESTABLISHMENTS
Council Meeting Minutes -4- November 10, 1986
Motion carried 5-0. This resolution appears as Resolution
No. 7252 in Resolution Book No. 55.
Item #8 PUBLIC HEARING ON RENEWAL OF ON-SALE WINE AND NON-
INTOXICATING MALT LIQUOR LICENSE FOR FROGI'S SANDWICH
SHOP D/B/A SPANKY'S, 6344 PENN AVENUE. C.L. 427.
City Manager Prosser reviewed Council Letter No. 427
regarding the renewal of the on-sale wine and non-intoxicating
malt liquor licenses for Frogi's Sandwich Shop d/b/a Spanky's,
6344 Penn Avenue.
M/Sandahl, S/Garcia to close the public hearing.
Motion carried 5-0.
M/Sandahl, S/Garcia to approve the renewal for 1987 of the
on-sale wine and non-intoxicatin_ malt liquor licenses for
Frogi's Sandwich Shop d/b/a Spank_y's, 6344 Penn Avenue.
Motion carried 5-0.
Item #9 PUBLIC HEARING ON RENEWAL OF ON-SALE WINE AND NON-
INTOXICATING MALT LIQUOR LICENSE FOR MILLER'S FIRESIDE
PIZZA, 6736 PENN AVENUE. C.L. 428.
City Manager Prosser reviewed Council Letter No. 428
regarding the renewal of the on-sale wine and non-intoxicating
malt liquor licenses for Miller's Fireside Pizza, 6736 Penn
Avenue.
M/Ludeman, S/Sandahl to close the public hearin .
Motion carried 5-0.
M/Sandahl, S/Kirsch to a
on-sale wine and non-intoxica
Item #10 PUBLIC HEARING ON RENEWAL OF ON-SALE WINE ANO NON-
INTOXICATING MALT LIQUOR LICENSE FOR PREST MOTOR INN,
INC. D/B/A THE INN AIRPORT, 7640 CEDAR AVENUE. C.L.
429.
Motion carried 5-0.
Council Meeting Minutes -5- November 10, 1986
City Manager Prosser reviewed Council Letter No. 429
regarding the renewal of the on-sale wine and non-intoxicating
malt liquor licenses for Prest Motor Inn, Inc. d/b/a The Inn
Airport, 7640 Cedar Ave.
M/Ludeman, S/Garcia to close the public hearing.
Motion carried 5-0.
M/Sandahl, S/Ludeman to approve the renewal for 1987 of the
on-sale wine and non-intoxicating malt liquor licenses for Prest
Motor Inn, Inc. d/b/a The Inn Airport, 7640 Cedar Avenue.
Motion carried 5-0.
Item #11 PUBLIC HEARING ON RENEWAL OF ON-SALE WINE AND NON-
INTOXICATING MALT LIQUOR LICENSE FOR NORTH STAR PIZZA
CORP., D/B/A SHAKEY'S PIZZA, 500 EAST 78TH STREET.
C.L. 430.
This item was considered and acted upon by the city council
at the same time as agenda item ~~7. See item ~~7 for record of
council action.
Item #12 HEARING OF INTERPRETATION OF CITY ORDINANCE RELATING TO
WHETHER THE USE OF AN AUTOMOBILE DETAILING BUSINESS AT
7301 PENN AVENUE IS A PERMITTED USE ON THAT SITE
(PETITIONERS HAVE REQUESTED A CONTINUANCE TO NOVEMBER
24, 1986). C.L. 431.
City Manager Prosser reviewed Council Letter No. 431
recommending that the .city council continue consideration of
whether the use of an automobile detailing business at 7301 Penn
Avenue is a permitted use on that site to the November 24, 1986
council meeting at the request of the petitioners.
M/Ludeman, S/Kirsch to continue the public hearing on
interpretation of city ordinance relating to whether an
automobile detailing business is a permitted use in a C-1
neighborhood district for 7301 Penn Avenue to the November 24,
1986 city council meeting.
Motion carried 5-~.
Council Meeting Minutes -6- November 10, 1986
Item #13 HEARING ON REQUEST FOR REZONING OF THE PROPERTY AT
6721-23 PENN AVENUE FROM MR-MULTIPLE RESIDENCE TO C-2
GENERAL COMMERCIAL. C.L. 432.
City Manager Prosser reviewed Council Letter No. 432.
regarding a request by Mr. ~ Mrs. Baron for the rezoning of the
property at 6721-23 Penn Avenue from MR multiple residence to C-2
general commercial to allow the lower level to be used for a yarn
shop.
Kathleen Baron, owner of 6721-23 Penn Avenue, stated that
this duplex is located in an area with considerable other
commercial development and felt that the addition of the yarn
shop would be an asset to the area. She stated that almost all
the property owners in the adjacent area support this request as
shown by the petition contained in the council agenda packet.
Mrs. Baron stated that they would be willing to promise that the
property could revert back to it's former designation is they
discontinued -the yarn-shop use.
City Manager Prosser stated that the staff felt that the
yarn shop may be an appropriate use at this site but rezoning
would permit other C-2 businesses which may cause a problem in
the future.
Assistant City Attorney Dean stated that no specific
conditions can be placed on the rezoning; therefore, there was no
way the city could enforce the good faith intentions of the
applicant regarding future use.
Council. Member Sandahl stated that staff is recommending
denial of the rezoning, but city staff will investigate whether
there is another way to allow this use at the site without
rezoning the property.
City Manager Prosser stated that the staff will contact the
applicants within two weeks regarding alternatives that may be
available.
Council Member Kirsch. stated his concern that approving this
request would be spot zoning which could lead to future land use
conflicts and that he supports denial of the request and the city
staff review of alternatives.
Council Member Ludeman asked if this business could qualify
as a home occupancy business.
City Manager Prosser stated that because it involved retail
sales that it probably would not qualify as a home occupancy
business.
Council Meeting Minutes -7- November 10, 1986
M/Sandahl, S/Ludeman to close the public hearing.
Motion carried 5-0.
M/Sandahl, S/Kirsch to deny the rezoning of the propert at
6721-23 Penn Avenue from MR multiple residence to C-2 general
commercial and to direct staff to investigate the possibility of
allowing this type of activity without reguirino a rezoning to C-
2 general commercial.
Motion carried 5-0.
Item #14 HEARING ON AN AMENDMENT TO THE PLANNED UNIT DEVELOPMENT
OF THE HAMPTON INN TO PERMIT THE INSTALLATION OF AN
OVERSIZE SIGN (HEARING TO 8E CONTINUED). C.L. 433.
City Manager Prosser reviewed Council Letter No. 433
recommending that the city council continue the public hearing on
an amendment to the Planned Unit Development of the Hampton Inn
to permit the installation of an oversize sign to the November
24, 1986 council meeting to allow further discussions and review
concerning the location and height of the signs.
M/Sandahl, S/Kirsch to continue the public hearing on an
amendment to the Planned Unit Development of the Hampton Inn and
special height permit for a sign to the November 24, 1986 city
council meeting.
Motion carried 5-0. '
Item #15 HEARING ON AN ORDINANCE WHICH WOULD PROHIBIT DRIVE THRU
SERVICE AT RESTAURANTS WITHIN 150 FEET OF RESIDENTIALLY
ZONED PROPERTY. C.L. 434.
City Manager Prosser reviewed Council Letter No. 434
regarding an ordinance which would restrict the location of
restaurants with drive-thru service windows within~150 feet of
residentially zoned property. The city manager indicated this
ordinance would apply to new restaurants and not to exi-sting
restaurants.
M/Garcia, S/Sandahl to close the public hearing.
~~~
Motion carried 5-0.
M/Sandahl, S/Garcia that this constitute
Bill No. 1986-22 that it be ublished in the
an a be ma a par o hese m nu es.
Second Reading of
official newspaper
Council Meeting Minutes -8- November 10, 1986
Motion carried 5-0.
Item #16 HEARING ON AN AMENDMENT TO THE PLANNED UNIT DEVELOPMENT
ORDINANCE CONCERNING STANDARDS FOR REVIEW OF PROJECTS.
C.L. 435.
City Manager Prosser reviewed Council Letter No. 435
regarding an amendment to the Planned Unit Development Ordinance
concerning standards for the review of pro3ects.
Ernest Lindstrom, 7406 Fremont Avenue, stated his opposition
to the ordinance amendment because he felt it would not be in the
best interest of the citizens of Richfield because it would take
away opportunities for citizen review and favor developers. He
suggested that city council table the ordinance amendment to
allow further review.
Connie Hoverson, Planning Commission Chair, stated that it
was not good planning practice to have variances in the PUO
process and that under this ordinance amendment the Planning
Commission will still conduct hearings on PUD's.
Lawrence Wozniczka, 6744 Wentworth Avenue, stated he opposed
the adoption of the ordinance amendment because it does not
require a public hearing for an amendment to a PUD and may reduce
the public's ability to comment on a project.
City Manager Prosser stated that public input regarding PUD
projects is a critical concern and that this amendment does not
limit public input.
Assistant City Attorney Dean reviewed the hearing and review
procedures for a PUD and for variances.
Mayor Hamilton stated his concern that citizens be given the
opportunity for comment.
Ernest Lindstrom, 7406 Fremont Avenue, stated that this
amendment proposal was suggested by the Planning Commission, an
appointed body not elected by the citizens of the city. Mr.
Lindstrom stated his opposition to the elimination of the
sentence, "Consideration shall be given to existing and
surrounding development when establishing a planned unit
development district" from the PUD ordinance. He stated this
aspect was very important to the citizens of the city.
Assistant City Attorney Dean stated that this sentence had
been stricken because such consideration is given when the
comprehensive plan and redevelopment plan are reviewed.
Council Meeting Minutes -9- November 10, 1986
Mayor Hamilton asked if the sentence mentioned by Mr.
Lindstrom could be included in the ordinance amendment.
Assistant City Attorney Dean stated that this could be done.
Council Member Ludeman stated the ordinance amendment would
be too flexible and lack standards. He stated he also opposed it
because it does not address a broadening of notification to
property owners for PUD proposal nor is the ordinance clear using
such terms as LUI rating.
City Planner Jopke explained the land use intensity (LUI)
rating and that the PUD ordinance was difficult to understand.
He stated a review of other city PUD ordinances showed that none
used the LUI rating.
Assistant City Attorney Dean stated that the issue of
notification to surrounding properties is one of council policy
and direction.
Council Member Garcia stated that she is satisfied that
sufficient notice and hearings before the Planning Commission and
the City Council will be provided if this ordinance amendment
passes.
M/Ludeman to table consideration of the proposed amendment
to the Planned Unit Development Ordinance concerning standards
for review of projects. ,:
Motion failed for lack of a second.
M/Sandahl, S/Garcia to close the public hearing.
Motion carried 5-0.
M/Sandahl, S/Garcia to insert-the sentence: "Consideration
shall be given to existing and surrounding development when
establishing a planned unit development district." into the first
paragraph of the ordinance amendment; anal, that this constitute
Second Reading of Bill No. 1986-23, that it be published in the
official newspaper and that it be made part of these minutes.
Motion carried 4-1. (Ludeman opposed)
Item #17 FIRST READING OF A TRANSITORY ORDINANCE PROVIDING
FUNDING FOR CERTAIN CAPITAL IMPROVEMENTS FROM THE
SPECIAL REVENUE FUND. C.L. 436.
City Manager Prosser reviewed Council Letter No. 436
regarding a transitory ordinance providing funding for certain
capital improvements from the special revenue fund.
Council Meeting Minutes -10- November 10, 1986
Council Member Ludeman asked what park land acquisition was
being funded by this ordinance.
City Manager Prosser stated the acquisition was for the
Legion Lake Park.
M/Sandahl, S/Kirsch that this constitute the First Reading
of this ordinance and that the Public Hearing and Second Readin
of the ordinance be scheduled for the November 24, 1986 city
council meeting.
Motion carried 5-0.
Item #18 FIRST READING OF AN ORDINANCE AMENDMENT RELATING TO
APPLICATIONS FOR LICENSES TO KEEP PIGEONS. C.L. 437.
City Manager Prosser reviewed Council Letter No. 437
regarding an ordinance amendment relating to applications for
licenses and to keep pigeons.
Council Member Ludeman asked what the maximum number of
pigeons that is allowed by the ordinance.
Captain Richardson responded that the maximum is 25 pigeons.
Assistant City Attorney Dean reviewed the proposed ordinance
amendment.
M/Sandahl, S/Ludeman that this constitute the First Readin
of this ordinance and that the Public Hearing and Second Readin
of the ordinance be scheduled for the November 24 1986 city
council meetin .
Motion carried 5-0.
Item #19 COUNCIL CONSIDERATION OF THE LEGISLATIVE POLICIES
PROPOSED BY THE LEAGUE OF MINNESOTA CITIES FOR
LEGISLATIVE ACTION IN 1987. C.L. 438.
City Manager Prosser reviewed Council Letter No. 438
regarding the legislative policies proposed by the League of
Minnesota Cities for legislative action in 1987.
Council Member Ludeman questioned the necessity of requiring
small towns to keep their polling places open for voting from
7:00 A.M. to 8:00 P.M.
Council Meeting Minutes -11- November 10, 1986
M/Ludeman, S/Garcia t_o adopt the proposed 1987 le islative
policy recommendations of the League of Minnesota Cities with the
exceptions as noted on pa a #19-1 of the council agenda packet
(addenum A).
Motion carried 5-0.
Item X20 COUNCIL CONSIDERATION OF THE ASSIGNMENT OF A RICHFIELD
POLICE OFFICER TO THE DRUG ENFORCEMENT ADMINISTRATION
(DEA) FOR A PERIOD OF TWO YEARS TO AID IN DRUG ENFORCE-
MENT. C.L. 439.
City Manager Prosser reviewed Council Letter No. 439
regarding the assignment of a Richfield Police Officer to the
Drug Enforcement Administration (DEA) Task Force for period of
two years to participate in a coordinated attack on the
trafficking in narcotics and dangerous drugs.
Council Member Sandahl asked if this assignment would leave
the Public Safety Department short in personnel.
Captain Richardson stated that the city council had
authorized in the budget the addition of a floating police
officer position and a person would be hired to fill that
position.
Council Member Ludeman asked if this officer would
concentrate on drug related cases in Richfield.
Captain Richardson responded that this officer would be
beneficial to Richfield because the drug problem crosses city
boundaries and would provide a more effective enforcement effort
for Richfield.
City Manager Prosser reviewed the advantages to Richfield by
having an officer on the DEA Task Force.
M/Kirsch, S/Ludeman to approve the assignment of a Richfield
Police Officer to the Drua Enforcement Administration Task Force
for a period of up to two years_and to authorize the Mayor and
City Manaoer to execute such an agreement with the Druq
Enforcement Administration.
Motion carried 5-0.
Item X21 COUNCIL DISCUSSION ITEMS
None
Council Meeting Minutes -12- November 10, 1986
Item #22 CLAIMS AND PAYROLLS
M/Ludeman, S/Garcia that the following claims and pa rolls
be approved:
RICHFIELD STATE BANK
Checks 7822/7880, 86104/863341 $745,058.23
FIRST MINNESOTA
Check 1049 $ 15,000.00
FIRST WESTERN BANK
Checks 3301/3324 $947,127.55
Checks 15801/16175 Payroll $277,376.24
Motion carried 5-0.
I
J
ADJOURNMENT
M/Kirsch, S/Garcia that the meeting ad,iourn.
Motion carried 5-0.
The meeting was ad3ourned at 8:49 p. .
Date Approved: 11/24/86
y r^
Thomas P. Ferber
City Clerk
nn ham~i~lton - Mayor
,,
Ja es Prosser
Ci Manager