05-26-1987
CITY OF RICHFIELD, MINNESOTA
REGULAR CITY COUNCIL MEETING
May 26, 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; Donald Fondrick,
Community Services Director; Byron Wallace,
Community Development Director; Ron
Richardson, Police Captain; Pat Coughlin,
Assistant Fire Chief; and Clayton LeFevere,
~ City Attorney.
OTHERS PRESENT: Arils Pakalns, BRW Consultant
The meeting was called to order by Mayor Hamilton at 7:05 p.m.
PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE
Mayor Hamilton led the audience in the Pledge of Allegiance.
APPROVAL OF MINUTES
M/Garcia, S/Ludeman to approve the minutes of the regular
council meeting of May 11, 1987.
Motion carried 5-0.
Item #1 OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL
ON ANY ITEM NOT LISTED ON THE AGENDA.
Don Priebe, 7225 Bloomington Avenue, reported to the council
regarding the Noise Conference he attended as a representative of
the city. He also informed the council that the MAC proposal to
extend runway 4-22 is proceeding and suggested that the city
council conduct a study session to develop a comprehensive
position regarding the extension of runway 4-22 and to discuss
the various issues it raises. He indicated that same residents
in the north and west portion of Richfield favor the runway
extension.
Council Meeting Minutes 2 May 26, 1987 ~
At the request of the council, City Manager Prosser stated
that a study session to review the runway 4-22 extension and the
city consultants report on the Part 150 Study would be scheduled
for the second or third week of June.
Audrey Hansen, 7228-30 Lyndale Avenue, spoke in opposition
to the conversion of 7234-36 Lyndale Avenue to a board and care
home for the elderly. She stated the facility would create
traffic and parking problems in the area and was concerned that
the operator may not follow state regulations regarding nursing
care for such a facility.
Don Cederholm, 6214 5th Avenue, noted that at the May 21 MAC
meeting Council Member Garcia stated a letter from the city
council to MAC regarding the Part 150 Study would be forthcoming;
he asked if this letter had been sent and requested he be
provided with a copy.
City Manager Prosser stated that additional data was being
gathered on the Part 150 Study and that this would be presented
to the council at the Study Session in mid-June.
Mr. Cederholm stated that he felt that the residents on the
north and west side of Richfield are not being represented on
MSAC. He stated that 3O.5X of the departures from the airport in
April were from runway 29L while only 3.5~ were from runway 4-22.
He stated he supports the extension of 4-22 because it will
distribute the noise more evenly and also supports construction
of a parallel runway to 4-22 through the golf course property.
He also stated his concern with the loss of tax base to~Richfield
if homes are purchased as suggested by the Part 150 Study.
City Manager Prosser stated that the Part 150 Study explores
several options to mitigate noise impact including the purchase
of homes. He stated the study does not address the tax base
issue which is of great concern to the city.
Council Member Garcia suggested that a press release be
issued for publication in the Sun-Current Newspaper regarding the
June study session on the airport noise issue.
City Manager Prosser stated that it is important to look at
the noise impact on the total community in the report to the
council.
Item #2 PRESENTATION OF AWARD NAMING THE CITY OF RICHFIELD A
"TREE CITY U.S.A." C.L. N0. 147.
Alan Olson, State Forester, presented an award designating
the City of Richfield a "Tree~City U.S.A." to Mayor Hamilton. Mr
Olson commended the city for it's efforts to control Dutch Elm
disease and to replant city parks and boulevards with new trees.
Council Meeting Minutes 3 May 26, 1987
City Manager Prosser acknowledged the efforts of the
Community. Services Commission, the city council, and property
owners for supporting the forestry program.
Item #3 PRESENTATION OF CERTIFICATE OF APPRECIATION TO STEYE
LEPINSKI, FORMER EXECUTIVE DIRECTOR OF THE STOREFRONT/
YOUTH ACTION, INC. C.L. N0. 148.
Mayor Hamilton read and presented a Certificate of
Appreciation to Steve Lepinski in recognition of the 12 years of
outstanding leadership he provided as Executive Director for
Storefront/Youth Action, Inc.
Mr. Lepinski thanked the city council for it's support of
the agency. .
Item #4 PRESENTATION OF A MINNESOTA SAFETY COUNCIL MERITORIOUS _ _ _
ACHIEVEMENT AWARD TO THE POLICE DIVISION. C.L. N0. 149
Mayor Hamilton read and presented the Minnesota Safety
Council Meritorious Achievement Award to Lt. Bill Suech in
recognition of the outstanding prevention performance in traffic
safety initiated by the Police Division over the past three
years.
Item #5 COUNCIL APPROVAL OF AGENDA
Council Member Ludeman requested that discussion of the city
ordinance regarding the number of unrelated people allowed to
live in a dwelling unit be added to the agenda.
Mayor Hamilton stated this would be added to the agenda as
Item ~~12A.
M/Ludeman, S/Sandahl to approve the agenda as amended.
Motion carried 5-0.
Item #6 CONSENT CALENDAR
6. A. APPROVED PERMITS FOR ILLUMINATED SIGNS AT SUBWAY 10 E.
66TH ST.; PHILLIPS 66, 1120 E. 78TH ST.; AND CHAMPPS,
790 W. 66TH ST. C.L. 150.
Council Meeting Minutes 4 May 26, 1987
B. - APPROVED A RESOLUTION AMENDING OFF-STREET PARKING
PERMIT FOR 6341 PENN AVENUE. C.L. 151.
RESOLUTION N0. 7301
RESOLUTION APPROVING OFFSTREET PARKING
PERMIT IN ACCORDANCE WITH APPLICATION 87-6
S.E.J. CORPORATION
C. APPROVED CHANGE ORDER N0. 1 FOR 1987 ALLEY PAVING
PROJECT TO INCREASE SQUARE YARDS OF CONCRETE NECESSARY
TO COMPLETE PROJECT. C.L. 152.
D. APPROVED PURCHASE IN EXCESS OF $5,000 FOR MASTER
PURCHASE ORDER FOR ASPHALT PATCHING MATERIALS. C.L.153.
E. APPROVED RENEWAL OF ON-SALE NON-INTOXICATING MALT
LIQUOR LICENSE FOR AIRPORT BOWL, 7711 14TH AVENUE.
C.L. 154.
F. APPROVED RENEWAL OF ON-SALE AND OFF-SALE NON-
INTOXICATING MALT LIQUOR LICENSE FOR THE FRENCHMAN'S,
1400 E. 66TH STREET. C.L. 155
G. APPROVED RENEWAL OF ON-SALE NON-INTOXICATING MALT
LIQUOR LICENSE FOR GODFATHERS PIZZA 2 WEST 66TH STREET
-C.L. 156
H. APPROVED RENEWAL OF ON-SALE NON-INTOXICATING MALT
.LICENSE FOR KENNY'S RESTAURANT, 6700 PENN AVENUE.
C.L. 157
I. APPROVED RENEWAL OF ON-SALE NON-INTOXICATING MALT
LICENSE FOR KINHDO RESTAURANT, 6345 PENN AVENUE SOUTH.
C.L. 158.
J. APPROVED RENEWAL OF ON-SALE NON-INTOXICATING MALT
LIQUOR LICENSE FOR LARIAT LANES, 6320 PENN AVENUE.
C.L. 159
K. APPROVED RENEWAL OF ON-SALE AND OFF-SALE NON-
INTOXICATING MALT LIQUOR LICENSES FOR SANDY'S TAVERN,
6612 PENN AVENUE. C.L. 160
L. APPROVED PURCHASE IN EXCESS OF $5,000 FIREWORKS FOR THE
FOURTH OF JULY CELEBRATION. C.L. 161.
M. APPROVED GENERAL AMUSEMENT LICENSE AND FEE WAIVED FOR
YOUTH EMPLOYMENT SERVICE FOR CALLIOPE JUNE 15 ONLY.
1
Council Meeting Minutes 5 May 26, 1987 ~,
N. APPROVED NON-INTOXICATING OFF-SALE MALT LIQUOR LICENSE
RENEWALS: COUNTRY CLUB MARKET, 6528 PENN; KENNY'S
MARKETS, 7138 CHICAGO, 1430 E. 66TH ST., AND 6708 PENN
AVENUE; PDQ STORES, 813 E. 66TH ST. AND 7701 PORTLAND
AVENUE; SHORT STOP SUPERETTE, 7034 CEDAR AVENUE; TOM
THUMB, 7600 KNOX AVENUE.
Item #7 SECOND READING AND PUBLIC HEARING TO CONSIDER AN
AMENDMENT TO THE CITY CHARTER REGARDING FILING DATES
FOR MUNICIPAL ELECTIVE OFFICE. C.L. 162
City Manager Prosser reviewed Council Letter No. 162
regarding a charter amendment to change the filing dates for
municipal elective office to be consistent with the filing dates
flf Minnesota State Statute 205.13, which states that petitions
should be filed not more than eight nor less than six weeks
before the election date.
M/Ludeman, S/Kirsch to close the public hearing.
Motion carried 5-0.
M/Ludeman, S/Garcia that t
Bill No. 1987-8, that it be pub
and that it be made part of the
s constitute Second Reading of
shed in the official newspaper
minutes.
Motion carried 5-0.
Item #8 AMENDMENT TO VACATE THE EASTERLY PORTION OF THE ALLEY
BETWEEN BLOOMINGTON AVENUE AND 16TH AVENUE AND REZONE
THE NORTHERLY PORTION OF 6528 16TH AVENUE FROM 'R'
SINGLE FAMILY RESIDENCE TO 'C-2' GENERAL COMMERCIAL TO
CONSTRUCT A THREE STORY •15 UNIT APARTMENT BUILDING FOR
THE ELDERLY. C.L. 163.
City Manager Prosser reviewed Council Letter No. 163
recommending that the city council continue-the consideration of
ordinance amendments to vacate the easterly portion of the alley
between Bloomington Avenue and 16th Avenue, north of 66th Street
and the rezoning of a~portion of 6528 16th Avenue from 'R' single
family residence to 'C-2' general commercial.
Tom Allstoff, owner of three lots on 66th Street and
Bloomington Avenue, stated that the vacation of a portion of the
alley would cause delivery problems, snowplowing problems, and
inconvenience for the other properties on the alley. He
suggested that church explore other options in placing the
Council Meeting Minutes 6 May 26, 1987 ~,
building on the site which would not require vacation of a
portion of the alley.
M/Ludeman, S/Garcia to continue the consideration of
ordinance amendments to vacate the easterly portion of the alley
between Bloomington Avenue and 16tH Avenue and rezone the
northerly portion of 6528 16th Avenue from 'R' single family..
residence to 'C-2' general commercial to construct a three story.
15 unit apartment building for the elderly to the June 22, 1987
City Council Meeting.
4
Motion carried 5-0.
i
Item #9 FIRST READING OF AN ORDINANCE TO CREATE A C-3 HIGH
DENSITY COMMERCIAL ZONING DISTRICT FOR THE ILN AREA
C.L. N0. 164.
City Manager Prosser reviewed Council Letter No. 164
regarding a proposed ordinance amendment which would create a new
C-3 High Density Commercial zoning district for a portion-of the
ILN area. He stated that two public information meetings and a
presentation to the Chamber of Commerce had been conducted
regarding this ordinance proposal and the two main concerns
expressed at the meetings were the displacement of existing
businesses and that the solar access restrictions may not be
strictly enough. He stated the HRA and the Planning Commission
had reviewed the proposed ordinance and recommended approval; the
HRA vote was 4-1 and Planning Commission vote was 8-0 with one
abstention.
Arijs Pakalns, BRW, summarized the following four main
elements of the proposed ordinance: 1)provisions regarding non-
conforming uses 2) a required minimum floor area ratio (FAR) of
0.75 3) prohibition of buildings of a height which would cast a
shadow on single family and two family dwellings between the
hours of 9:00 a.m. and 3:00 p.m. and, 4) parking standards which
would vary from the present requirements of the city.
Lawrence Wozniczka, 6744 Wentworth Avenue, suggested that `
the issues of air quality, traffic, noise, and immediate tax
yield also be addressed within the ordinance.
City Manager Prosser asked that Mr. Wozniczka discuss these
issues with Community Development Director Wallace.
M/Sandahl, S/Kirsch that this constitute the First Readin~c
of this ordinance and that the Public Hearing and Second Reading
of the ordinance be scheduled for the June 22, 1987 city council
meeting.
Motion carried 4-1. (Ludeman opposed)
Council Meeting Minutes 7 May 26, 1987
Item #10 FIRST READING OF AN ORDINANCE TO ESTABLISH THE
BOUNDARIES OF THE NEW C-3 HIGH DENSITY COMMERCIAL
ZONING DISTRICT. C.L. NO. 165.
City Manager Prosser reviewed Council Letter No. 165
regarding a proposed ordinance which would establish the
boundaries of the proposed C-3 High Density Commercial Zoning
district. He stated that the,area would be generally bounded by
77th Street, Pleasant Avenue, I-494, and I-35W.
M/Sandahl, S/Kirsch that this constitute the First Reading
of this ordinance and that the Public Hearing and Second Readi_n_g
of the ordinance be scheduled for the June 22, 1987 city council
meeting.
Motion carried 4-0. (Council Member Ludeman was not present
during this vote.
Item #11 FIRST READING OF AN ORDINANCE AMENDMENT MODIFYING THE
TERMINATION PROVISION OF THE CLASSIFICATION OF EMPLOYEE
ENTITLED PROJECT EMPLOYEE. C.L. NO. 166.
City Manager Prosser reviewed Council Letter No. 166
regarding a proposed ordinance amendment to modify the
termination provisions of the classification of employee entitled
Project Employee.
M/Sandahl, S/Ludeman that this constitute the First Reading.
of this ordinance and that the Public Hearing and Second Reading
' of the ordinance be scheduled for the June 8, 1987 city council
meeting..
. Motion carried 5-0. ,
' Item #12 CONSIDERATION OF A RESOLUTION ESTABLISHING POLICIES AND
FEES FOR THE CITY ASSESSING DIVISION. C.L. N0. 167.
City Manager Prosser reviewed Council Letter No. 167
regarding the establishment of policies, procedures, and fees for
the city assessing division.
Council Member Ludeman asked for an explanation of what
types of information requests would require a fee.
Council Meeting Minutes 8 May 26, 1987
Council Member Sandahl asked if other communities charge a
fee for similar assessing information. •
Administrative Services Director Devich reviewed the types
of requests for which fees will be charged and indicated most •
communities have a similar fee structure.
M/Garcia, S/Sandahl th
adopted; that it be spread
made part of these minutes:
t the following resolution be
n the resolution book and tha
RESOLUTION N0. 7302
RESOLUTION ESTABLISHING POLICIES, PROCEDURES, AND FEES FOR THE
ASSESSING DIVISION
Motion carried 5-0. This resolution appears as Resolution
No. 7302 in Resolution Book No. 55.
Item #12A DISCUSSION OF ORDINANCE PROVISIONS REGARDING THE
NUMBER OF UNRELATED PEOPLE ALLOWED TO LIVE IN A
DWELLING UNIT.
Council Member Ludeman asked how the provisions of state law
related to the city ordinance which prohibits more than three
unrelated persons to live in a dwelling unit and how this would
apply to the proposed board and care facility at 7234-36 Lyndale
Avenue.
City Attorney LeFevere stated that state statue preempts
local ordinances in the placement of certain specific facilities
for the elderly, handicapped, and day care. He stated facilities
such as the one proposed on Lyndale Avenue are permitted in
residential areas by state statute. He stated that the State of
Minnesota licenses these facilities and would be responsible for
enforcing state standards.
Assistant Fire Chief Coughlin stated that the facilities
must meet all local building and fire codes.
City Manager Prosser stated that state statute limits the
number of tenants to six in this type of facility. He stated no
council action is required for the facility because of the state
statute preemption and the city's control is limited to building
and fire code provisions.
Council Member Ludeman expressed concern about the parking
situation which may be created by such a use.
Council Meeting Minutes 9 May 26, 1987 ~~
City Attorney LeFevere reviewed parking regulations and
court decisions regarding the preemption from local regulations
for these specific facilities.
Item #13 REPORT ON STATE AND FEDERAL LEGISLATIVE MATTERS.
City Manager Prosser read two letters from Congressman
~ Martin Sabo regarding his support for CDBG funding for cities and
his support for efforts to control aircraft noise in Richfield in
response to correspondence from the City.
Item #14 COUNCIL DISCUSSION ITEMS
Council Member Ludeman asked how recent legislation had
i affected local government aid funding.
City Manager Prosser briefly summarized the impact of recent
legislation regarding local government aid, property taxes, sales
taxes, and motor vehicle taxes. He stated a complete report will
be given to the city council after the legislation has been fully
analyzed. He stated that overall it appears that the legislation
will have some negative impact on city revenues.
Item #15 CLAIMS AND PAYROLLS
M/Ludeman, S/Sandahl that the following claims and payrolls
be approved:
RICHFIELD STATE BANK
Checks 8586/8636, 8902/89862_ $659,872.99
FIRST MINNESOTA
Check 1060 $ 30,000.00
FIRST WESTERN BANK
Checks 3656/3683 $688,966.33
Checks 2933/2993, 4236/4584 Payroll $296,608.72
Motion carried 5-0.
Council Meeting Minutes
10
May 26, 1987 $~
Item #16 EXECUTIVE SESSION
M/Garcia, S/Sandahl to adjourn the regular city council
meeting to Execute Session for the purpose of discussing
threatened litigation.
Motion carried 5-0.
The regular city council meeting was adjourned to Executive
Session at 8:31 p.m.
p.m.
Mayor Hamilton called the Executive Session to order at 8:32
City Attorney LeFevere stated the purpose of the Executive
Session was to discuss threatened litigation regarding a request
by Mr. Timothy Gleason for subdivision of his lot at 7234 14th
Ave.
MEMBERS PRESENT: Mayor Hamilton; Edwina Garcia; Ivan Ludeman;
Michael Sandahl; and Martin Kirsch.
STAFF PRESENT: James Prosser, City Manager; Clayton
LeFevere, City Attorney; and Thomas Ferber,
City Clerk.
City Attorney LeFevere conducted a discussion with the city
council regarding threatened litigation relating to the
subdivision of the lot at 7234 14th Avenue.
The Executive Session was adjourned at 8:54 p.m.
ADJOURNMENT
M/Sandahl, S/Garcia that the meeting adjourn.
Motion carried 5-0.
The meeting was adjourned at 8:55 p.m~:
Date Approved:
6/8/87
~°
~~~1
Bonn riam~/~.d~~lr1~CO(n ~ Mayor
Thomas P. Ferber ~ James Prosser
City Clerk City Manager