02-09-1987CITY OF RICHFIELD, MINNESOTA
REGULAR CITY COUNCIL MEETING
February 9, 1987
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; Bruce Palmborg, Acting
Community Development Director; Pat Coughlin,
Assistant Fire Chief; Ron Richardson, Police
Captain; Mike Eastling, City Engineer; and
John Dean, Acting City Attorney.
The meeting was called to order by Mayor Hamilton at 7:00 p.m.
PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE
Mayor Hamilton led the audience in the Pledge of Allegiance.
1
APPROVAL OF MINUTES
Council Member Garcia stated that the minutes of January 26
should be amended to record a vote of 3-2 with Garcia and
Hamilton opposed for the motion on Item ~8.
M/Garcia, S/Sandahl to approve the minutes as amended of the
regular city council meeting on January 26, 1987; and the ioint
HRA/Council Meeting on January 27, 1987.
Motion carried 5-0.
Item ~1 PROCLAMATION DESIGNATING FEBRUARY, 1987 AS HEART MONTH
C.L. 31.
Mayor Hamilton read and presented a proclamation designating
the month of February as Heart Month in the City of Richfield to
Carol Olson, representing the Advisory Board of Health.
Council Minutes 2 February 9, 1987
Item #2 PRESENTATION BY ADVISORY BOARD OF HEALTH REGARDING
HENNEPIN COUNTY TASK FORCE ON [TOME HEALTH CARE. C.L. 32
Jacquelyn Lockman, representing the Advisory Board of
-Health, presented a report and recommendations of the Advisory
Board of Health regarding home health services.
M/Kirsch, S/Sandahl to accept the report of the Advisory
Board of Health regarding public home health services.
Motion carried 5-0.
Item #3 PRESENTATION OF A PROCLAMATION IN SUPPORT OF FREE
ENTERPRISE WEEK FOR THB DISTRIBUTIVE EDUCATION CLUB OF
AMERICA (DBCA~. C.L. 33
Mayor Hamilton read and presented a proclamation designating
the week of February 9, 1987 as Free Enterprise Week in the City
of Richfield to Steve Wilmes, a member of DECA.
Item #4 OPPORTUNITY FOR CITIZENS TO ADDRESS THB CITY COUNCIL ON
ANY ITEM NOT LISTBD ON THB AGENDA.
Bill Larson, 7324 15th Avenue, stated his opposition to the
increase in golf fees and asked the council to reconsider the fee
increase.
Mayor Hamilton stated that this issue would be referred to
the Community Services Commission for review.
l
1
Item #5 COUNCIL APPROVAL OF AGENDA
Council Member Ludeman requested that Item 6I, Resolution
approving the Designation of 77th Street as a State Aid Street,
be removing from the consent calendar.
Mayor Hamilton stated that Item 6I of consent calendar would
be placed on the agenda as Item #15A.
M/Ludeman, S/Sandahl to approve the agenda as amended.
Motion carried 5-0.
Council- Minutes 3 February 9, 1987
Item ~4 CONSENT CALENDAR
6. A. REQUEST FOR ILLUMINATED SIGNS, REALTY WORLD, 6945
- NICOLLET AVENUE AND SUBWAY SANDWICHES, 10 E. 66TH
C.L. 34 (RECOMMEND APPROVAL)
B. AWARD OF CONTRACT FOR PURCHASE AND INSTALLATION OF
SHELVING FOR CEDAR LIQUOR STORE C.L. 36 (RECOMMEN
APPROVAL)
C. RESOLUTION ADJUSTING ELECTION JUDGES SALARY
C. L. 3? (RECOMMEND APPROVAL)
RESOLUTION NO. 727
RESOLUTION APPROVING PAY RATE
ADJUSTMENT FOR ELECTION JUDGES
D. SETTING DATE OF BOARD OF REVIEW FOR JUNE 1, 1987
C.L. 38 (RECOMMEND APPROVAL)
E. RESOLUTION Ilv'CREASING AMOUNT CHARGED FOR NOTARY
FEES FROM 25~ TO $1.00 C.L. 39 (RECOMMEND APPROVAL)
_ RESOLUTION NO. 7276
RESOLUTION APPROVING AN INCREASE IN NOTARY FEE
F. APPROVAL OF PURCHASE IN EXCESS OF $5,000 - SERVICES
FOR PAYROLL PROGRAMM ER C.L. 40(RECOMMEND APPROVAL}
G. APPROVAL OF CONTRACT WITH THE CITY OF BLOOMINGTON FOR
1987 HEALTH SERVICES C.L. 41 (RECOMMEND APPROVAL)
H. APPROVAL OF PURCHASE IN EXCESS OF $5,000 FOR PURCHASE
OF GOLF COUR SE SAND RAKE C.L. 42 (RECOMMEND APPROVAL}
I. REMOVED FROM CONSENT CALENDAR. SEE ITEM 15A. OF AGENDA.
J. MODIFICATION OF CITY'S FACILITY USE POLICY TO INCLUDE
HOLD HARMLESS CLAUSE C.L. 44 (RECOMMEND APPROVAL)
RESOLUTION NO. 7277
CITY FACILITIES USE POLICY
K. OFF-SALE NON-INTOXICATING MALT BEER LICENSE RENEWALS:
{RECOMMEND APPROVAL)
FOOD AND FUEL, 6300 LYNDALE AVENUE
KAYO (JET) OIL, 6744 PENN AVENUE, 7700 LYNDALE AVE.
Council Minutes 4 February 9, 1987
K. (Continuedf
7-ELEVEN, 6949 NICOLLET AVENUE
SUPER AMERICA, 7720 NICOLLET, 2913 W. 66TH ST., 826 W.
66TH STREET, 7500 LYNDALE AVENUE
L. ITINERANT FOOD (RECOMMEND APPROVAL)
LAKE SHORE DRIVE CONDOMINIUM
SNYDER DRUGS, 6520 PILLSBURY - 2 VIDEO GAMES
M. MOTOR V"EHICLE DEALERS LICENSE (RECOMMEND APPROVAL)
WALSER IMPORTS, 7745 PENN AVENUE
N. CAR WASH LICENSE (RECOMMEND APPROVAL)
EDDIES SOUTHDALE CARWASH, 2816 W. 66TH STREET
O. MOTEL LICENSE (RECOMMEND APPROVAL)
COLONIAL LODGE, 7745 LYNDALE AVENUE; THE INN, 7640 CEDAR
P. RESIDENTIAL KENNEL LICENSES NEW (RECOMMEND APPROVAL)
MARILI'N STABER, 7544 2ND AVENUE (3 CATS); CATHERINE
POLAND, 6337 22ND AVENUE (3 CATS)
M/Ludeman, S/Sandahl.to approve the consent calendar.
Motion carried 5-0.
Item #7 APPEAL OF HEARING EXAMINER'S DENIAL OF A VARIANCE TO
PERMIT CONSTRUCTION OF A MASONRY CHIMNEY TO EXTEND TWO
FBBT INTO THE REQUIRED FIVE FEET SIDBYARD 3ETBACH
REQUIREMENT AT 7138 JAMES AVENUE. C.L. 45.
City Manager Prosser reviewed Council Letter No. 45
regarding a public hearing on the appeal by Mr. Michael Thomas of
the hearing examiners denial of a variance to permit construction
of a masonry chimney to extend two feet into the required five
foot sideyard setback requirement at 7138 James Ave.
;`lichael Thomas, 7138 James Avenue, spoke in support of the
variance and stated that the lot was unique because he has an
easement for his driveway to cross adjacent property.
Council Member Kirsch suggested that the applicant could
seek an easement from the adjacent property owner assuring no
building would be constructed to reduce the setback from the
chimney and that the variance could be granted with this
condition.
City Manager Prosser explained the appearance and safety
issues related to setback requirements.
Council Minutes ~ 5 February 9, 1987
Mayor Hamilton stated that he had visited the site and it
appears there is sufficient space for the fireplace.
Council members directed staff to investigate the
feasibility of an ordinance amendment to allow this type of
variance.
M/Sandahl, S/Garcia to close the public hearing.
Motion carried 5-0.
M/Kirsch, S/Ludeman to approve the variance request to allow
the construction of a fireplace with a masonry chimney extending
two feet into the required sideyard setback area at 7138 James
Ave.
Motion carried 5-0.
Item #8 CONSIDERATION OF A DRAFT ORDINANCE AMENDMENT TO PERMIT
AN AUTO DETAILING USE IN A C-1 ZONING DISTRICT. FIRST
READING. C.L. 46.
City Manager Prosser reviewed Council Letter No. 46
regarding a draft ordinance amendments which would permit auto
detailing uses in C-1 Limited Business districts if a license is
first obtained by the city.
M/Sandahl, S/Ludeman that this constitute the First Reading
'of this ordinance amendment to Section 3..32 and that the Public
Hearing and Second Reading of the ordinance be scheduled for the
March 9, 1987 city council meeting.
Motion carried 5-0.
M/Sandahl, S/Ludeman that this constitute the First Reading
of this ordinance amendment to Section 6.24 and that the Public
Hearing and Second Reading of the ordinance be scheduled for the
March 9, 1987 city council meeting.
Motion carried 5-0.
Item #9 TRANSITORY ORDINANCE PROVIDING FUNDING FOR CERTAIN
CAPITAL IMPROVEMENTS FROM THE SPECIAL REVENUE FUND.
FIRST READING. C.L. 47.
City Manager Prosser reviewed Council Letter No. 47
regarding a proposed transitory ordinance providing for the
expenditure of funds from the Special Revenue Fund for certain
capital improvements. ~~
Council Minutes 6 February 9, 1987
Council Member Ludeman questioned the purpose of the
$195,000 for park land acquisition.
Administrative Services Director Devich stated that this
money was allocated for the payment for the houses on Portland
Avenue which were acquired last year.
M/Sandahl, S/Kirsch that this constitute the First Reading
of this ordinance and that the Public Hearing and Second Reading
of the ordinance be scheduled for the February 23, 1987 city
council meeting.
Motion carried 5-0.
Item #10 ORDINANCE AMENDMENT GIVING THE CITY AUTHORITY TO
REQUIRE SOIL EROSION CONTROL MEASURES AND DRAINAGE
PLANS. FIRST READING. C.L. N0.48
City Manager Prosser reviewed Council Letter No. 48
regarding a proposed ordinance amendment which would give the
city authority to require soil erosion control measures and
drainage plans.
Al/Sandahl, S/Kirsch that this constitute the First Reading
of this ordinance and that the Public Hearing and Second Reading
of the ordinance be scheduled for the February 23, 1987 cit
council meeting.
Motion carried 5-0.
Item X11 CONSIDERATION OF A RESOLUTION TO RENAME LEGION LAKE
PARK TO VETERANS MEMORIAL PARK. C.L. NO. 49.
riayor Hamilton stated that it is proposed to rename Legion
Lake Park to Veterans Memorial Park at the request of the VFW and
American Legion to honor the contribution of Armed Services
Veterans to the security of our country. He noted that the lake
would still be called Legion Lake and that the veterans group
would erect a flag in the park in a quiet reflection area to
honor veterans.
Council Member Ludeman suggested that Richfield be added to
the name so that the park would be called Richfield Veterans
Memorial Park.
Dennis Schostag, Vice Commander of American Legion Post 435,
stated that the purpose of the name was to honor all veterans
whether they were from Richfield or not.
Council Plinutes ? February 9, 1987
M/Garcia, 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 NO. 7278
RESOLUTION PROVIDING FOR. CHANGING THE
NAME OF LEGION LAKE PARK TO VETERANS MEMORIAL PARK
Motion carried 5-0. This resolution appears as Resolution
No. 7278 in Resolution Book No. 55.
Dennis Schostag, Vice Commander of American Legion Post 435,
thanked the city council for their action in renaming the park to
honor veterans and pledged the continuing support of the American
Legion and VFW for the community of Richfield.
Item #12 CONSIDERATION OF ISSUANCE OF A COMMERCIAL HENNEL
LICENSE TO OPERATE THE ANIMAL CARE CLINIC AT 6521 CEDAR
AVENUE. C.L. N0. 50
City Manager Prosser reviewed Council Letter No. 50
regarding consideration of a request 'by Luanne M. Wendland for a
commercial kennel license for the Animal Care Clinic located at
6521 Cedar Avenue. -?.
Mayor Hamilton stated that the civil conflict between Drs.
Wendland and Blaine is a matter to be resolved by the courts and
is not an issue regarding the consideration of the issuance of
the commercial kennel license before the council.
City Manager Prosser stated that Dr. Blaine had expressed
several concerns regarding the issuance of this license. The
city manager responded as follows: (1) Civil lawsuit - the civil
lawsuit is a court matter and not a matter of city consideration
regarding this kennel license; (2) Parking - review by city staff
indicates adequate parking will be provided on the site for this
use; t3) Zoning - this use is a permitted use for the property as
it is zoned; and, (4) Treatment of animals - it is alleged that
Dr. Wendland has treated an animal prior to the issuance of a
kennel license; it is the city's interpretation that after the
health and building inspection approval the applicant could do so
and that the State is the proper jurisdiction in the regulation
of veterinary practice.
Council Member. Garcia stated she had visited the building at
6521 Cedar Avenue and had been impressed with the facilities and
the cooperation of Dr. Wendland with the City.
John Bonner, Attorney for Dr. Wendland, stated that
applicant was in compliance with the city ordinances and spoke in
support of granting the commercial kennel license.
Council Minutes 8 February 9, 198?
Ron Sjoberg, Attorney for Dr. Blaine, stated in his opinion
Dr. Wendland had violated city ordinance by treating an animal
prior to issuance of the commercial kennel license and spoke in
opposition to granting the license on the basis of that
information, concern of area residents and potential parking
problems. He stated that local government can and should adopt
regulations to govern animal care facilities.
M/Sandahl,.S/Garcia to approve the issuance of a commercial
kennel license to Luanne M. Wendland to operate a commercial
kennel at 6521 Cedar Avenue known as the Animal Care Clinic.
Motion carried 5-0.
Itea X13 CONSIDERATION OF A POLICY TO PERMIT A MEN'S GOLF LEAGUE
ON SATURDAYS AT RICH ACRES GOLF COURSE. C.L. NO. 51.
City Manager Prosser reviewed Council Letter No. 51
regarding a request by the Rich Acres Men's Club for a change in
the golf course policy to permit a Saturday golf league sponsored
by the Men's Club.
Don Anderson, a member of the Community Services Commission,
stated the Commission by a,.5-3 had recommended that the city
council approve this request. He stated he felt approval would
be a significant way to thank the Men's Club for it's support of
the golf course.
Council Member Garcia asked if Mr. Anderson was a member of
the Men's Club.
Mr. Anderson stated he was a member of the Men's Club and
had not disqualified himself from voting on the issue as a member
of the Community Services Commission because he personally would
not be able to golf in the Saturday league.
Council Member Garcia stated opposition to excluding the
public from access to the course during prime time on Saturday.
Don Vogel, 1614 E. 66th Street, stated he is a member of the
Men's Club, however, he opposes any group having reserved time on
Saturday since this is a public golf course and Saturday is the
most desirable time for the public to use the course.
M/Ludeman, S/Garcia to deny the request for Saturday morning
Lermanent reserved time for the Men's Club proposed Saturdav golf
league.
Motion carried 5-0.
Council Minutes
9
February 9, 1987
Item #14 CONSIDERATION OF PLANS AND SPECIFICATIONS AND
AUTHORIZATION TO ADVERTISE FOR BIDS FOR THB 1987 ALLEY
PAVING PROJECT. C.L. NO. 52.
City Manager Prosser reviewed Council Letter No. 52
regarding the approval•of plans and specifications and
authorization to advertise for bids for the 1987 alley paving
project. He stated that it is unlikely that any alleys not
scheduled to be paved at this time will be paved within the next
five years.
Mayor Hamilton stated that a petition had been received from
all the property owners on the alley between Irving and James
Avenues from 63rd Street to 118' south to exclude this alley from
the paving project and that he supported this request.
M/Sandahl, S/Kirsch to delete the alley between Irving and
James Avenues from 63rd Street to 118' alley paving pro.7ect and
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.•7279
RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND
ORDERING ADVERTISEMENT FOR BIDS FOR
C.P. 832 - 1987 ALLEY PAVING
Motion carried 5-0. This resolution appears as Resolution
No. 7279 in Resolution Book No. 55.
Item #15 REQUEST FOR WAIVER OF FEE AND PERMIT FOR OVERSIZED
TEMPORARY SIGN TO BE LOCATED IN HUB PARSING LOT
FEBRUARY 17-28 BY THE CROSSTOWN E%CHANGE CLUB. C.L. 35.
City Manager Prosser reviewed Council Letter No. 35
regarding a request by the Crosstown Exchange Club for a waiver
of fee and a permit for an oversized temporary sign to be located
at the Hub Shopping Center from February 17-28.
Council Member Ludeman asked what size is permitted by city
ordinance.
City Manager Prosser stated a maximum of 3' x 5' or 15
square feet is allowed. He stated that city ordinance does not
permit the council to grant an exception to the sign ordinance.
Council Minutes 10 February 9, 1987
Council Member Ludeman stated that in the future a ordinance
amendment to allow this type of sign for nonprofit organizations
should be investigated.
M/Ludeman, S/Kirsch to deny a fee waiver and permit for an
oversized temporary sign to be located in the Hub parking lot
February 17-28-for the Crosstown Exchange Club.
Motion carried~5-0.
Item #15A RESOLUTION APPROVING THE DESIGNATION OF 77TH STREET AS
A STATE AID STREET.
Council Member Ludeman stated that he had requested this
item be removed from the consent calendar because he felt it was
important to have public discussion on this item.
City Manager Prosser reviewed
regarding the proposed designation
State Aid Street from 76th Street
position the city to receive funds
changes which may become necessary
ILN Redevelopment.
Council
of 77th
near 35W
through
due to
Letter No. 43
Street as a Municipal
to Cedar Avenue to
MSA to address future
494 improvements and
'Y•
M/Ludeman, S~ySandahl 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. 7280
RESOLUTION REVOKING MUNICIPAL STATE AID STREET
Motion carried 5-0. This resolution appears as Resolution
No. 7280 in Resolution Book No. 55.
M/Ludeman, S/Sandahl 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. 7281
RESOLUTION ESTABLISHING MUNICIPAL STATE AID STREET
Motion carried 5-0. This resolution appears as Resolution
No. 7281 in Resolution Book No. 55.
Council Minutes
11
Item X16 COUNCIL DISCUSSION ITEMS
February 9, 1987
16A. Electronic Message Board
Mayor Hamilton stated he had asked the city manager to
investigate the cost and feasibility of installing an electronic
message board near 66th Street and Lyndale Avenue to provide city
and school information to the community for future council
consideration.
Item #17 CLAIMS AND PAYROLLS
M/Ludeman, S/Garcia that the following claims and payrolls
be apt roved
RICHFIELD STATE BANK
Checks 8198/8252, 8766/87958 $ 809,940.18
FIRST MINNESOTA
Check 1055/1056 $ 23,000.00
FIRST WESTERN BANK
Checks 3477/3503 $3,875,164.08
Checks 1388/-1753 Payroll $ 283,838.49
Motion carried 5-0.
ADJOURNMENT
M/Kirsch, S/Garcia that the meeting ad.iourn.
Motion carried 5-0.
The meeting was adjourned at 8:07 .m
Date Approved: 2/23/87
hn ton Mayor
Thomas P. Ferber ame Prosser
City Clerk it Manager