11-24-1986CITY OF RICHFIELD, MINNESOTA
REGULAR CITY COUNCIL MEETING
November 24, 1986
l.-.
MEMBERS PRESENT: John Hamilton, Mayor; Ivan Ludeman; Michael
Sandahl; Martin Kirsch; and Edwina Garcia.
STAFF PRESENT: James Prosser, City Manager; Steven Devich,
Administrative Services Director; Thomas P.
Ferber, City Clerk; Donald Fondrick;
Community Services Director; Bruce Palmborg,
Acting Community Development Director; John
Dean, Acting City Attorney; and Captain Ron
Richardson.
The meeting was called to order by Mayor Hamilton at 7:02 p.m.
PRESENTATION OF COLORS AND PLEDGE OF ALLBGIANCE
Mayor Hamilton led the audience in the Pledge of Allegiance.
APPROVAL OF MINUTES
M/Garcia, S/Sandahl to approve the minutes of the regular
city council meeting of November 10, 1986.
Motion carried 5-0.
Item #1 OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL
ON ANY ITEM NOT LISTED ON THE AGENDA.
Mike Blaylock, 1308 Orchard Lane,• asked if the public
hearing on his appeal of the Hearing Examiner's denial of
variance request at 7731 4th Avenue would be conducted at this
meeting.
City Manager Prosser stated that it would be considered as
Item No. 10 on the agenda.
Council Meeting Minutes -2- November 24, 1986
Item_~2 PROCLAMATION DESIGNATING DECEMBER 1-5 HUMAN RIGHTS
WEEK IN THE CITY OF RICHFIELD. C.L. 441.
Mayor Hamilton read and presented a proclamation designating
December 1-5, 1986 as Human Rights Week in the City of Richfield
to Joseph Sausen, Chairperson of the Richfield Human Rights
Commission.
Item#3 PRESENTATION OF THE GENE JACOBSEN CITIZEN OF THE YEAR
AWARD TO THE VEAP PANTRY STAFF. C.L. 442.
Joseph Sausen, Chairperson of the Richfield Human Rights
Commission, Gene Jacobsen Citizen of the Year Award to the VEAP
Pantry Staff recognizing the 36 VEAP volunteers for the
compassion and sensitivity they demonstrate while helping
residents through difficult periods in their lives.
Mayor Hamilton commended Richfield resident Allida Van Dycke
for her recently completed peace walk from California to
Washington, D.C.
Mayor Hamilton stated the American Legion Post 435 will
conduct a commemoration of the attack on Pearl Harbor on Sunday,
December 7, 1986 at 1:30 p.m. to which the public is invited.
Item #4 COUNCIL APPROVAL OF AGENDA.
Council Member Ludeman requested that discussion of sidewalk
snow plowing and discussion of the recent amendment to the PUD
ordinance be added to the council agenda.
Mayor Hamilton stated that sidewalk snow plowing would be
placed on the agenda as Item No. 11A and that discussion of the
PUD ordinance amendment would be Item No. 11B on the agenda.
M/Sandahl, S/Ludeman to approve the agenda as amended.
Motion carried 5-0.
Item #5 CONSENT CALENDAR
A. APPROVED THE PURCHASE IN EXCESS OF $5,000-TRASH PICK-
UPS AT CITY FACILITIES. C.L. 443.
Council Meeting Minutes -3- November 24, 1986
B. APPROVED THE PURCHASE IN EXCESS OF $5,000-FERTILIZER
FOR GOLF COURSE. C.L. 444.
C. APPROVED THE PURCHASE IN EXCESS OF $5,000-SNOWPLOW &
WING. C.L. 445.
D. APPROVED CONTRACT FOR PROGRAMMABLE COMPUTER FOR
WATER PLANT. C.L. 446.
E. APPROVED MINUTES, BID TABULATIONS AND CONTRACT FOR
PAPER AND PRINTING OF RECREATION BROCHURES. C.L. 447.
F. APPROVED MINUTES, BID TABULATIONS AND CONTRACT FOR
PURCHASE OF CHEMICALS FOR WATER PLANT. C.L. 448.
G. APPROVED MAINTENANCE CONTRACT FOR CITY'S COMPUTER
SYSTEM. C.L. 449.
H. APPROVED CONTRACT WITH MINNEGASCO FOR THE HOUSE DOCTOR
PROGRAM AND APPROVED S UBCONTRACTORS. C.L. 450
RESOLUTION NO. 7253
1
RESOLUTION AUTHORIZING CONTRACTS TO PROVIDE HOUSEDOCTORING
SERVICES TO RICHFIELD RESIDENTS
I. APPROVED PERMITS FOR ILLUMINATED SIGNS AT SKIPPERS,
6613 PENN AVENUE AND CHRISTMAS TREE LOT, 6636 CEDAR.
C.L. 451.
J. APPROVED ESTIMATE #1, GLANTON CONSTRUCTION CO., CEDAR
LIQUOR STORE CONSTRUCTION - $21,695.00.
K. APPROVED ESTIMATE N0. 1, MN VALLEY LANDSCAPE, INC. -
$19,455.00 - FURNISHING & PLANTING BOULEVARD TREES IN
STORM SEWER IMPROVEMENT AREA.
L. APPROVED LICENSE FOR NON-INTOXICATING MALT LIQUOR
LICENSE OFF-SALE FOR PHILLIPS 66, 7744 12TH AVENUE.
M/Garcia, S/Ludeman to approve the consent calendar.
Motion carried 5-0.
Item #6 HEARING ON 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.
C.L. 452.
City Manager Prosser reviewed Council Letter 452 regarding
whether or not an automobile detailing business at 7301 Penn
Avenue is a permitted use in a C-1 (Neighborhood Business)
Council Meeting Minutes -4- November 24, 1986
district and whether or not a special use permit should be issued
for this use on this site.
Mary Wenborg, 5801 Creek Valley Road, representing the
applicants Kit V. and Sumonda V. Arom, stated that the proposed
detailing business would be neat, buffered and screened, and
create no problems for the neighborhood.
Jack Deger, 7301 Oliver Avenue, stated he had sent
information to the council members regarding 11 stipulations that
he suggested be imposed to allow a special use permit to be
issued to the applicants.
Council Member Garcia stated this use would be an
improvement for the area, however, she cannot support this
proposal because the zoning ordinance must be upheld to be fair
and consistent in consideration of all proposals.
Council Member Ludeman asked how this use differs from a gas
station which is permitted.
Assistant City Attorney Dean stated that the use of the site
as a gas station is permitted as a nonconforming use allowed to
continue until it is no longer used as a gas station. When this
nonconforming use is discontinued, the C-1 zoning requirements
affect any new use and this zoning prohibits the auto detailing
establishment.
City Manager Prosser explained the relationship of non-
conforming uses to ordinance amendments.
Discussion followed regarding the possibility of issuing a
special use permit to allow this use on the site. Assistant City
Attorney Dean stated that the council would have to change the
zoning ordinance to allow this use in a C-1 district but could
not issue a special use permit under the existing ordinance.
Council Member Kirsch stated that generally residents see
this as an opportunity to improve the area and suggested that the
council amend the C-1 zoning ordinance to allow auto detailing
uses in C-1 if certain standards are met.
City Manager Prosser explained the process and timing of
amending the ordinance.
M/Garcia, 5/Sandahl to close the public hearing.
Motion carried 5-0.
M/Kirsch, S/Sandahl to find that under the present terms of
the ordinance that auto detailing uses are not permitted in C-1
zoning districts and to direct the city attorney to draft an
ordinance amendment to allow this use in a C-1 zonin district by
a special use permit sub,iect to certain standards.
Council Meeting Minutes
Motion carried 5-0.
-5- November 24, 1986
Item ~7 PUBLIC HEARING ON AMBNDMBNT TO THE PUD FOR THE HAMPTON
INN RELATING TO SIGNAGE. C.L. 453.
City Manager Prosser reviewed Council Letter No. 453
regarding an amendment to the PUD for the Hampton Inn relating to
the height of a sign. City Manager Prosser recommended that the
hearing be closed and no action taken because the information
needed for decision is not yet available.
Ruth Larson, 7638 Harriet Avenue, stated that the proposed
height of the sign is excessive and should not be allowed.
City Manager Prosser stated that when the applicant is
prepared, a new hearing will be scheduled with published and
mailed notice.
M/Kirsch, S/Sandahl to close the public hearing.
1
Motion carried 5-0.
Item-~#8 PUBLIC HEARING AND SECOND READING OF A TRANSITORY
ORDINANCE PROVIDING FUNDING FOR CBRTAIN CAPITAL
IMPROVEMBNTS FROM THE SPECIAL REVENUE FUND. C.L. 454.
City Manager Prosser reviewed Council Letter No. 454
regarding consideration of a transitory ordinance to provide
funding for certain capital improvements from the special revenue
fund.
M/Ludeman, S/Sandahl to close the public hearing.
Motion carried 5-0.
M/Sandahl, S/Garcia that this constitute Second Reading of
Transitory Ordinance No. 17.26, Bill No. 1986-24, that it be
published in the official newspaper and that it be made part of
these minutes.
Motion carried 5-0.
Council Meeting Minutes
-fi- November 24, 1986
Item #9 PUBLIC HEARING AND SECOND READING OF AN ORDINANCE
AMENDMENT RELATING TO APPLICATIONS FOR LICENSES TO
BEEP PIGEONS. C.L. 455.
City Manager Prosser reviewed Council Letter No. 455
regarding an ordinance amendment relating to applications for
licenses to keep pigeons.
M/Sandahl, S/Garcia to close the public hearing.
Motion carried 5-0.
M/Garcia, S/Sandahl that this constitute Second Reading of
Bill No. 1986-25, that it be published in the official newspaper
and that it be made part of these minutes.
Motion carried 5-0.
Item #10 PUBLIC HEARING ON THE APPEAL OF HEARING E%AMINER'S
DENIAL OF A VARIANCE REQUEST FOR THE PROPERTY LOCATED
AT 7731-4TH AVE. SO., TO ALLOW THE INSTALLATION OF A 6
FOOT HIGH CHAIN LINE FENCE FORWARD OF THE FRONT OF THE
BUILDING SETBACK.
City Manager Prosser reviewed Council Letter No. 458
regarding an appeal by Michael Blaylock of the Hearing Examiner's
denial of a variance request to allow the installation of a 6
foot high chain link fence forward of the front building setback
at 7731 4th Ave.
Michael Blaylock, 1308 Orchard Lane, owner of the property,
stated his desire to secure the equipment kept at the site by
fencing around the property and stated he did not understand why
he could not install the fence.
City Manager Prosser reviewed the criteria used in
considering such variance requests.
Mayor Hamilton noted that this property was commercial and
nov a residential use.
Mr. Blaylock reviewed the uses of properties adjacent to the
site.
Council Member Garcia suggested that consideration of this
item be continued to the December 8th council meeting to allow
council members to visit the site.
Council Meeting Minutes -7- November 24, 1986
M/Garcia, S/Sandahl to continue the public hearing on the
appeal of the Hearing Examiner's denial of a variance request for
t_he property located at 7731 4th Avenue to allow the installation
of_a 6 foot high fence forward of the front of the building
setback.
Motion carried 5-0.
Item #11 COUNCIL REFERRAL OF CDR REQUEST FOR REZONING AND
PLANNED UNIT DEVELOPMENT PLAN FOR SITE AT I35W AND
I494 TO THE PLANNING COMMISSION. C.L. 456.
City Manager Prosser reviewed Council Letter No. 456
recommending that the city council refer the request of CDR
Investments/Minnesota for approval of rezoning and a Planned Unit
Development Plan for their site at I-494 and I-35W to the
Planning Commission.
M/Kirsch, S/Sandahl t_o refer the request of CDR
Investments/Minnesota for approval of the rezoning of their site
at I35W and I-494 from C-2 general commercial and "R" single
family residential to PC-2 Planned unit development general
commercial and approval of a planned unit development plan to
allow construction of an office hotel complex on the site to the
Planning Commission for review and recommendations.
Motion carried 5-0.
Item #12 REQUEST FOR AN AMENDED OFFSTREBT PARHING PERMIT FOR
RICHFIELD SHOPPES SOUTH, 66TH STREET/NICOLLET AVENUE.
C.L. 457.
City Manager Prosser reviewed Council Letter No. 457
regarding a request by Lincoln Companies for an amended offstreet
parking permit for the Richfield Shoppes South Development at
66th Street and Nicollet Avenue.
M/Sandahl, S/Ludeman to approve the amended offstreet
parking permit for the Richfield Shoppes South Development at
66th Street and Nicollet Avenue as requested by Lincoln Companies
to allow an increase of on-site parking spaces from 117 to 122.
Motion carried 5-0.
Council Meeting Minutes
-8- November 24, 1986
Item #13 COUNCIL DISCUSSION ITBMS.
11A. Sidewalk Snow Plowing
Council Member Ludeman stated his concern about the ability
of the city to clear sidewalks of snow to allow safe pedestrian
access.
City Manager Prosser reviewed the equipment the city uses
for plowing sidewalks and the difficulty in attaining bare
pavement.
Mayor Hamilton reviewed the concerns of residents in the LHN
area about the mounds of snow at intersections where pedestrians
must cross.
Community Services Director Fondrick stated that repetition
plowing is necessary and the city will comeback to clear the
crosswalk areas.
Council Member Ludeman also asked if residential streets
received sand and salt on a regular basis.
Community Services Director Fondrick replied that sanding
and salting occurs on residential streets regularly.
11B. Amendment to the PUD Ordinance
Council Member Ludeman stated that at the November 10th
council meeting an amendment had been passed to the PUD
ordinance. He-asked if this amendment affected the rights of
citizens to petition for a referendum.
Assistant City Attorney Dean stated that this ordinance
amendment dealt with the variance process for a PUD and did not
affect the rights of citizens to petition for a referendum on an
ordinance passed by the city council. He stated that the
rezoning for a PUD is done by ordinance and that this act of the
council can be subject to referendum. However, a variance is not
subject to referendum. Mr. Dean stated that the rights of
citizens to seek a referendum had not changed.
11C. MSAC Meeting Dates
Council Member Garcia stated the MSAC would meet on December
23rd as indicated on the calendar.
Council Meeting Minutes -9- November 24, 1986
Items #14 CLAIMS AND PAYROLLS
M/Kirsch, S/Garcia that the following claims and payrolls be
approved•
RICHFIELD STATE BANK
Checks 7881/7944, 86351/86708 $ 721,920.18
FIRST MINNESOTA
Check 1050/1051 $ 15,000.00
FIRST WESTERN BANK
Checks 3325/3357 $1,634,979.85
Checks 16177/16553 Payroll $ 271,715.74
Motion carried 5-0. -_ --
A
ADJOURNMBNT
M/Garcia, S/Sandahl that the meeting ad,iourn.
Motion carried 5-0.
The meeting was adjourned at 8:3
Date Approved • 12/8/86
Thomas P. Ferber am Prosser
City Clerk i Manager