03-09-1987
CITY OF RICHFIELD, MINNESOTA
REGULAR CITY COUNCIL MEETING
March 9, 1987
ME;iBERS PRESENT: John Hamilton, Mayor; Ivan Ludeman; Michael
Sandahl; Martin Fsirsch; 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; Ron
Richardson, Police Captain; Pat_Coughlin,
Assistant Fire Chief; and Clayton LeFevere,
City Attorney.
The meeting was called to order by Mayor Hamilton at 7:01 p.m.
PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE
The Spartan 4-H Club presented the colors and led the
audience in the Pledge of Allegiance.
Mayor Hamilton read a proclamation designating the week of
March 7-14 as Girl Scout Week in the City of Richfield in honor
of the Girl Scouts 75th Anniversary and presented certificates of
,appreciation to the girl scouts in attendance.
APPROVAL OF MINUTES
Council Member Kirsch stated that the minutes be amended by
deleting Tom Morgan's name as being present.
M/Kirsch, S/Garcia to approve the minutes as amended of the
re ular council meeting of February 23, 1987.
Motion carried 5-0.
Item #1 PRESENTATION OF PLAQUE HONORING AGENT PAT KELLEY FOR 30
YEARS OF LAW ENFORCEMENT SERVICE TO THE CITY OF
RICHFIELD. C.L. 72
Mayor Hamilton presented a plaque to Agent/Investigator
Patricia Kelley recognizing her contributions to law enforcement
in the City of Richfield during her thirty years of service for
the Public Safety Department.
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March 9, 1987
Item ~2 OPPORTUNITY FOR CITIZENS TO ADDRESS THB CITY COUNCIL
ON ANY ITEM NOT LISTED ON THE AGENDA.
No one wished to address the council.
Item ~3 COUNCIL APPROVAL OF AGENDA
M/Ludeman,.S/Kirsch to approve the agenda.
Motion carried 5-0.
Item #4 CONSENT CALENDAR
A. APPROVED AUTHORIZATION TO PURCHASE CONVEYOR EQUIPMENT
FOR THE CEDAR LIQUOR STORE. C.L. 73
B. APPROVED LAND SURVEYOR'S CERTIFICATE OF CORRECTION TO
PLAT FOR DONNAY SECOND ADDITION. C.L. 74
C. APPROVED REMOVAL AND REPLACEMENT OF EXISTING HIGH
SERVICE PUMP #1 AT THE WATER PLANT. C.L. 75
D. APPROVED AWARD OF CONTRACT FOR LEASING OF GOLF CARTS
FOR RENTAL PURPOSES AT RICH ACRES GOLF COURSE. C.L. 76
E. APPROVED AUTHORIZATION TO PURCHASE VOTING BOOTHS.
C.L. 77
F. APPROVED AWARD OF CONTRACT FOR REMOVAL OF DISEASED
TREES ON PRIVATE PROPERTY. C.L. 78
G. APPROVED AUTHORIZATION TO PURCHASE TWO AIR COMPRESSORS
FOR SLUDGE DEWATERING PROCESS. C.L. 79
H. APPROVED REQUEST FOR PERMIT FOR TEMPORARY AND
ILLUMINATED SIGNS. C.L. 80
I. APPROVED AUTHORIZATION TO SUBMIT APPLICATION FOR FAU
FUNDING FOR IMPROVEMENTS TO LYNDALE AVENUE FROM 77TH
STREET, INCLUDING A NEW BRIDGE OVER I494. C.L. 81
RESOLUTION NO. 7286
RESOLUTION AUTHORIZING SUBMITTAL OF AN APPLICATION
FOR FAU FUNDING FOR A PROJECT IN AND NEAR
THE CITY OF RICHFIELD
Council Meeting Minutes 3 March 9, 1987
rJ. APPROVED LICENSES: FEE WAIVER FOR CONCESSION STANDS AT
RICHFIELD ICE ARENA AND SWIMMING POOL, CITY OF
RICHFIELD. RENEWAL: MECHANICAL AMUSEMENT, SHAKEY'S 500
EAST 78TH 6 VIDEO GAMES; RICHFIELD ICE ARENA, 2 VIDEO
GAMES; LARRIAT LANES, 6320 PENN AVENUE, 2 BILLIARD
TABLES, 12 BOWLING LANES; RENEWAL MOTOR VEHICLE DEALER
- RICHFIELD BLOOMINGTON HONDA, 400 W. 78TH ST. TERRY ,
FELDMAN'S IMPORTS, INC. 920 W. 78TH STREET; SOUTHDALE
MANOR (UGLY DUCKLING) 6333 CEDAR AVENUE.
M/Sandahl, S/Ludeman to_approve the consent calendar.
Motion carried 5-0.
Item ~5 PUBLIC HEARING ON AN ORDINANCE AMENDMENT WHICH WOULD
PERMIT AUTO DETAILING USES IN A C-1 ZONING DISTRICT.
C.L. 82.
City Manager Prosser reviewed Council Letter No. 82
regarding two proposed ordinance amendments which would permit
auto detailing uses in a C-1 zoning district and provide for the
licensing of auto detailing establishments. He recommended that
the city council not approve the two ordinance amendments.
Council Member Sandahl stated that the city staff had done
good job in identifying the issues regarding the ordinance
amendments, however; he stated the positive aspects outweighed
the negative.
Council Member Ludeman stated that he supported the
ordinance amendments because it would allow for improvement to
the site at 73rd Street and Penn Avenue and an improvement for
the neighborhood.
City Manager Prosser stated he had reviewed the request by
the applicant for the issuance•of a building permit prior to the
30 day publication period of the ordinances. He stated that the
city would issue a demolition permit at the applicants risk but
would not issue a building permit until the effective dates of
the ordinances.
M/Garcia, S/Ludeman to close the public hearing.
Motion carried 5-0.
M/Sandahl, S/Garcia that this constitute Second Reading of
Bill No. 1987-3, that it be published in the official newspaper
and that it be made part of these minutes.
Motion carried 5-0.
Council Meeting Minutes 4 March 9, 1987
~~1/Sandahl, S/Garcia to close the public hearing.
Motion carried 5-0.
M/Ludeman, S/Sandahl that this constitute Second Reading of
Bill No. 1987-4, that it be published in the official newspaper
and that it be made part of these minutes.
Motion carried 5-0.
Item ~6 PUBLIC HEARING REGARDING CDBG FUNDING APPLICATION FOR
YEAR %III AND APPLICATION FOR URBAN HENNEPIN COUNTY
CDBG DISCRETIONARY FUNDS. C.L. 83
City Manager Prosser reviewed Council Letter No. 83
recommending the approval of the allocation of Year XIII
Community Development Block Grant (CDBG) funds as follows:
1. Housing Rehabilitation $ 75,930
2. Scattered Site Acquisition $ 70 000
3. Public Services (H.O.M.E.: $ 28,010
$8,010, Daycare: $20,000)
_ TOTAL $173,940
and, that the city council authorize the staff to submit an
application for discretionary CDBG funds for the following
projects:
1. Housing Rehabilitation $ 55,000
2. Scattered Site Acquisition $ 68,200
TOTAL $123,200
Don Hauge, Maintenance Coordinator for the H.O.M.E. Program,
reviewed the seasonal, maintenance, and homemaking services that
the program provides to the elderly.
Mayor Hamilton stated his support for this program and for
future increased funding for it.
Council Member Ludeman asked how much the $8010 CDBG grant
leveraged other funds for the program.
Don Hauge stated that it leverages $160,000 worth of
services.
Council Member Ludeman suggested that the H.O.M.E. Program
be allocated $10,000 and that Daycare Program be reduced by
$1990.
Council Meeting Minutes 5 March 9, 1987
~i/Ludeman, S/Kirsch to revise the proposed allotment of CDBG
Funds as follows:
H.O.M.E. Program $10,000 instead of $8,010
Sliding FEE Daycare
Subsidy X18,010 instead of $20,000
Council Member Sandahl stated his support for increasing the
H.O.M.E. Program allocation to $10,000, but stated opposition to
decreasing the daycare allotment.
Mayor Hamilton suggested that the Housing Rehabilitation
allocation be reduced instead of the daycare program to provide
the added allocation to the H.O.M.E. Program
Council Member Ludeman agreed to amend his motion to reflect
this change and Council Member Kirsch concurred with the
amendment to the motion.
M/Ludeman, S/Kirsch to revise the proposed allotment of CDBG
Funds as follows:
H.O.M.E. Program $10,000 instead of $8,010
Housing Rehabilitation $73,940 instead of $75,930
Motion carried 5-0.
Council Member Garcia stated that CDBG funds were in
jeopardy of being eliminated and urged that the recipients and
the city lobby congress to maintain CDBG funding to support the
worthwhile programs such as those presented tonight.
City Manager Prosser stated it was important for these
organizations and programs to seek diversified funding sources
and offered support in doing so.
Jim Nicholie, representing the Greater Minneapolis Day Care
Association, reviewed the relationship of the state, county, and
local funding for the sliding fee daycare programs.
Council Member Ludeman asked that Mr. Nicholie obtain
information regarding how much state and county funding is used
in Richfield for the sliding fee daycare subsidy.
M/Ludeman, S/Kirsch to close the public hearing.
Motion carried 5-0.
Council Meeting Minutes 6 March 9, 1987
M/Ludeman, S/Sandahl to approve the allocation of Year XIII
GDBG funds in the following manner:
1. Housing Rehabilitation $ ?3,940
2. Scattered Site Acquisition $ 70,000
3. Public Services (H.O.M.E.: $ 30,000
$10,000, Daycare $20,000)
TOTAL $173,940
and to authorize staff to submit an application for CDBG
discretionary funds for the following proiects:
1. Housing Rehabilitation $ 55,000
2. Scattered Site Acquisition $ 68,200
TOTAL $123,200
:lotion carried 5-0.
Item #7 CONSIDERATION OF A RESOLUTION TO E%TEND THE INTERIM
ORDINANCE WHICH RESTRICTS THE ISSUANCE OF BUILDING
PERMITS IN THE ILN REDEVELOPMENT AREA AN ADDITIONAL
SI% MONTHS. C.L. 84.
City Manager Prosser reviewed Council Letter No. 84
recommending that the city council approve a resolution to extend
the interim ordinance which restricts the issuance of building
permits in the ILN Redevelopment area for an additional six
months to allow time to complete the planning process including
creating a new zoning district south of 77th Street.
Lawrence Wozniczka, 6744 Wentworth Avenue, suggested that
the issue of access points along the entire length of I494 be
included in the planning process.
City Manager Prosser reviewed the role of the Ad Hoc
I35W/I494 Traffic Committee in the process.
Council Member Garcia stated that redevelopment is the key
to expanding the city's tax base and extension of the moratorium
will keep options open.
Council Member Kirsch asked if the Planning Commission's
suggestions had been used in the resolution.
City Manager Prosser responded that the reference to
granting exclusive rights to a developer had been deleted at the
suggestion of the Planning Commission.
Council Meeting Minutes 7 March 9, 1987
Council Member Ludeman stated his opposition to the proposed
deletion of the area north of 77th Street from the moratorium.
City Attorney LeFevere stated that the ILN Redevelopment
Plan was in place and that no further time for planning is
necessary for that area. He stated that the purpose of a
moratorium is to allow for the planning process.
City Manager Prosser stated that the formulation of a new
zoning district for the area south of 77th Street constituted a
continuation of the planning process, thus, justifying
continuation of the moratorium in this area. However, the
planning process has been completed for the area north of 77th
Street and a plan is in place.
M/Sandahl, S/Garcia to close the public hearing.
ion carried 5-0.
^i/Sandahl, S/Ludeman to direct staff to present to the
Planning Commission an ordinance•amendment which would delete the
c_o_mmercial area ad.~acent to Lyndale Avenue north of 77th Street
from interim ordinance 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. 7287
A RESOLUTION EXTENDING THE EFFECTIVE PERIOD
OF TRANSITORY ORDINANCE NO. 17.18 ENTITLED
"AN INTERIM ZONING ORDINANCE ADOPTED FOR
THE PURPOSE OF PROTECTING THE PLANNING
PROCESS IN A CERTAIN AREA OF THE CITY,
REGULATING, RESTRICTING AND PROHIBITING
CERTAIN USES, DEVELOFMENTS AND SUBDIVISIONS
WITHIN SUCH AREA.
Motion carried 5-0. This resolution appears as_ Resolution
No. 7287 in Resolution Book No. 55.
Item ~8 HEARING OF A REQUEST TO SUBDIVIDE THE PROPERTY AT 7332
UPTON AVENUE FOR THE PURPOSE OF CREATING TWO LOTS.
C.L. 85.
City Manager Prosser reviewed Council Letter No. 85
recommending that the city council deny a request by Mr. John
Lindholm to subdivide the property at 7332 Upton Avenue to create
two lots because the southerly lot would not meet the minimum lot
width requirements.
Council Meeting Minutes 8 March 9, 1987
` Council Member Ludeman inquired as to the status of the
adjacent park property.
City Manager Prosser stated that in order to vacate the park
property-, all of the property owners in the subdivision would
have to approve of the action, which is unlikely.
~i/Kirsch, S/Garcia to close the public hearing.
`lotion carried 5-0.
M/Kirsch, S/Sandahl to deny the request of Mr. John Lindholm
for city approval of a preliminar plat to create two new lots at
the property located at 7332 Upton Avenue.
Mot-ion carried 5-0.
Item #9 AMENDMENT TO CHAPTER 4•.07 OF THE ORDINANCE CODE
RELATING TO THE MOVING OF HOUSES. C.L. 86.
City Manager Prosser reviewed Council Letter No. 86
regarding First Reading•of an ordinance amendment to Chapter 4.07
of the ordinance code relating to the moving of houses which will
prohibit the "parking" of houses without city approval, replace
vague language with specific language, and replace outdated
references with current language.
M/Kirsch, S/Sandahl that this constitute the First Reading
of this ordinance and that the Public Hearin and Second Reading
of the ordinance be scheduled for the April 13, 1987 city council
meeting.
Motion carried 5-0.
Item X10 DISCUSSION OF THE DRAFT ENVIRONMENTAL IMPACT STATEMENT
FOR TRUNK HIGHWAY 77/I494 IMPROVEMENT PROJECT. C.L. 87.
City.Manager Prosser reviewed Council Letter No. 87
outlining fourteen specific comments recommended for submittal by
the city staff and Richfield's Ad Hoc I35W/I494 Traffic Committee
regarding the Draft Environmental Impact Statement (E.I.S.) for
the proposed TH77/I494 Improvement Project. He stated that these
comments would document Richfield's concerns about the project
which need to be addressed by the design of the project.
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9
March 9, 1987
Council Member Garcia stated there are negative impacts on
Richfield which are not addressed by the draft E.I.S. and that
these impacts must be mitigated to the greatest extend possible.
Members of the council expressed appreciation for the work
of the staff and AD-Hoc committee in developing the comments and
expressed concern that the impact of the project on Richfield had
not been given sufficient consideration in the E.I.S.
M/Ludeman, S/Kirsch that the following comments be
officially made regarding the Draft Environmental Impact
Statement for the TH77/I494 Improvement Project:
1. If the 78th Street frontage road is to be eliminated,
improvements to 77th Street and buffering of the neighbor-
hood must be included as part of the project.
2. "Old" Cedar Avenue should be retained as it now exists.
3. This plan is inconsistent with Policy 9 of the Transporta-
tion Section of the Metropolitan Development Guide, which
requires that roadways be designed in a manner to be
compatible with adjacent land use, or in those instances of
incompatibility, measures to mitigate conflicts are
established. This plan does not establish a plan to
mitigate this incompatibility.
4. This plan is incompatible with adjacent land uses in
Richfield because the Phase II plan would require additional
traffic on 77th Street through Richfield.
5. Any decision regarding 12th Avenue access should be delayed
until completion of the I494 Traffic Corridor Study.
6. Whether or not there should ever be an improvement made, the
project design should provide for the possibility of
east/west traffic flow across TH77 in the vicinity of or
between the new interchange proposed at TH77 and
approximately 75th Street and the interchange of TH77/I494.
7. Whether or not there should ever be an improvement made, the
project design should provide for the possibility of
northbound access to TH77 in the project area north of the
TH77/I494 interchange.
8. Noise impact to the apartments in the project area should be
addressed.
9. Table 5.3.B and Table 5.3.C should be corrected to reflect
the conclusions reached on noise levels in Section 5.3.2.2
of Alternative 1.
10. Noise impacts resulting from improvements to TH77 should
be mitigated with sound barrier walls, depression of TH77
the length of Richfield or a combination of mitigative
measures acceptable to the City of Richfield.
11. The map on Page 2-18 is incorrect. 12th Avenue, Cedar
Avenue and Diagonal Boulevard are classified as collectors.
12. The design should provide for pedestrian and non-motorized
traffic across both I494 and TH77.
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March 9, 1987
IL
13. The regional planning for a) TH77 widening to six lanes
between I494 and Crosstown 62, b) upgrading of the TH77/
Crosstown 62 intersection and c) widening of Crosstown 62
between TH77 and I35W should begin immediately to
accommodate expected traffic increases.
14. The cost of any design changes and/or improvements as
outlined in these comments and recommendations should not be
borne by the residents or the City of Richfield.
Motion carried 5-0.
Item #11 COUNCIL CONFIRMATION OF APPOINTMENT OF COMMUNITY
DEVELOPMENT DIRECTOR. C.L. 88
City Manager Prosser reviewed Council Letter No. 88
recommending that the city council approve the appointment of
Byron Wallace as the Director of Community Development.
M/Ludeman, S/Kirsch to approve and confirm the appointment
of Byron Wallace as the Director of Community Development.
Motion carried 5-0.
Item X12 COUNCIL DISCUSSION ITEMS
12A. Lyndale Garden Center
Council Member Sandahl stated that during a walk around
Richfield Lake he observed that Lyndale Garden Center is doing a
poor job of screening and maintaining trash and storage on their
property adjacent to the park and requested staff contact them
regarding these matters.
12B. H-Mart
Council Member Kirsch reported that he has observed that K-
Mart is again storing pallets outside of the fenced area which is
not permitted and asked this problem be corrected.
City Manager Prosser encouraged residents to contact the
city if they observe items of concern similar to these.
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Council Meeting Minutes
Item #1 CLAIMS AND PAYROLLS
11
March 9, 1987
M/Sandahl, S/Garcia that the following claims and payrolls
be approved'
RICHFIELD STATE BANK
Checks 8312/8360, 88265/88552 ~ $786,424.36
FIRST MINNESOTA
Check 1058 $ 10,000.00
FIRST WESTERN BANK
Checks 3530/3552
Checks 2135/2418
Motion carried 5-0.
$338,582.59
Payroll $282,661.19
ADJOURNMENT
M/Sandahl, S/Garcia that the meeting ad,iourn.
Motion carried 5-0.
The meeting was adjourned at 8:15 p.,t[~. ~~ ;
Date Approved : March 23 , 1987
~~~~D / ,
Thomas P. Ferber
City Clerk
J n Ha Hilton Mayor
~~~~~
a es Prosser
Ci y Manager