06-08-1987CITY OF RICHFIELD, MINNESOTA
REGULAR CITY COUNCIL MEETING
June 8, 1987
MEMBERS PRESENT: John Hamilton, Mayor; Ivan Ludeman; 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 John Dean,
Assistant City Attorney.
The meeting was called to order by Mayor Hamilton at 7:03 p.m.
PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE
Mayor Hamilton led the audience in the Pledge of Allegiance.
APPROVAL OF MIN[JTES
M/Garcia, S/Ludeman to a prove the minutes of the regular
city council meeting on Mav 26, 1987.
Motion carried 4-0.
Item #1 OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL
ON ANY ITEM NOT LISTED ON THE AGENDA.
Don Cederholm, 6214 5th Avenue, stated that he had received
correspondence from the city manager and was concerned that a
letter to MAC with Richfield's comments regarding the Part 150
Study had not yet been sent. He stated he supported-the
extension of runway 4-22 because it would help spread the noise
that the north and west portions of Richfield were receiving in a
disproportionate share as evidenced by the fact that 30.5 of the
airport departures are from runway 29L & R while only 3.5~ are
from runway 4-22. He added that Mr. Priebe, as a member of M5AC,
had shown bias for east Richfield and did not properly represent
all of Richfield.
Council Meeting Minutes 2 June 8, 1987
City Manager Prosser stated that the city would submit a
letter by June 12 as was stated, but is waiting for the release
of the environmental impact statement regarding the extension of _-
4-22 and an independent consultants analysis of the Part 150
Study prior to submitting detailed comments. He stated the city
was concerned with the noise impact on the total community. Mr.
Prosser noted that preliminary noise contours regarding the
extension of runway 4-22 indicated that Richfield would
experience an overall increase in noise.
Mr. Cederholm asked if the council had taken a position on
the extension of runway 4-22.
City Manager Prosser stated that the city council has passed
a resolution in opposition to the extension of runway 4-22.
Mr. Cederholm indicated that he felt this position
represented a small percentage of Richfield and ignored north and
west Richfield.
Mayor Hamilton stated that the council acted on the
information available about the noise impact of the extension of
4-22 on Richfield as a whole and stated that Mr. Priebe worked
very hard representing the city on the noise issue.
Council Member Garcia stated that the public response on
this issue has been almost totally against the 4-22 extension.If
there are residents that favor the extension, the council needs
their input.
Item #2 ADMINISTRATION OF OATH OF OFFICE FOR POLICE OFFICER
RICHARD FLATEN. C.L. NO. 169.
Captain Richardson introduced new Police Officer Richard
Flaten to the city council.
City Clerk Ferber administered the Oath of Office to Police
Officer Richard Flaten.
Item #3 PRESENTATION.OF DONATION OF "PLIIGGIE" TO THE FIRE
DIVISION. C.L. NO. 170.
Lieutenant Kevin McGinty recognized Mr. Roland E. Nelson for
the donation of $32'00 to the Fire Division to purchase Pluggie, a
remote controlled robot used for fire safety education and gave a
demonstration of Pluggie's capabilities.
Council Meeting Minutes 3 June 8, 1987
Mayor Hamilton expressed the city's appreciation to Mr.
Nelson for his generous donation to the community.
Roland Nelson stated that his donation is a memorial to his
father Ray Nelson who served the city for 16 years as a volunteer
fire fighter and 24 years as a police officer.
Lieutenant McGinty noted that a plaque on Pluggie indicates
that it is a memorial to Ray Nelson.
Item #4 COUNCIL APPROVAL OF AGENDA
Council Member Kirsch requested that Item 5F be removed from
the consent calendar and placed on the agenda for discussion.
Mayor Hamilton stated that consent calendar Item 5F,
Consideration Of A Resolution Approving An Offstreet Parking
Permit For Omnibus Investments, 6433 Penn Avenue, would be placed
on the agenda as Item 15A.
M/Kirsch, S/Ludeman to approve the agenda as amended.
r
Motion carried 4-0.
Item ~5 CONSENT CALENDAR
5. A. APPROVED A RESOLUTION AUTHORIZING THE DISPOSITION OF
CERTAIN PROPERTY BELONGING TO THE CEDAR AVENUE LIQUOR
STORE. C.L. 171.
RESOLUTION N0. 7304
RESOLUTION AUTHORIZING DISPOSITION
OF CERTAIN PROPERTY
B. APPROVED RESOLUTION APPROVING SUBMISSION OF A GRANT
APPLICATION FOR CYCLE III ENERGY PROGRAM FUNDS C.L. 172
RESOLUTION N0. 7305
RESOLUTION RELATED TO ENERGY GRANT
C. APPROVED REQUEST FOR PERMITS FOR ILLUMINATED SIGNS AT
THE FINISHING LINE, 816 WEST 77 1/2 STREET AND WENDY'S,
6500 LYNDALE AVENUE C.L. NO. 173
D. APPROVED PURCHASE IN EXCESS OF $5,000 - PIPES &
FITTINGS FOR LOOP DEAD ENDS WATERMAINS C.L. 174
Council Meeting Minutes 4 June 8, 1987
E. APPROVED RESOLUTION DESIGNATING THE CITY MANAGER AND
DIRECTOR OF PUBLIC SAFETY AS THE CITY'S REPRESENTATIVES
TO THE MINNESOTA POLICE RECRUITMENT SYSTEM C.L. 175 -
RESOLUTION N0. 7306
RESOLUTION DESIGNATING THE PUBLIC SAFETY DIRECTOR
AS A DIRECTOR TO THE MINNESOTA POLICE RECRUITMENT SYSTEM
BOARD OF DIRECTORS
AND THE CITY MANAGER AS ALTERNATE DIRECTOR
F. (REMOVED FROM CONSENT CALENDAR AND PLACED ON THE
AGENDA AS ITEM 15A.)
G. APPROVED A RESOLUTION APPROVING AN OFFSTREET PARKING
PERMIT FOR AN AUTO DETAILING BUSINESS AT 7301 PENN
AVENUE C.L. 177
RESOLUTION NO. 7307
RESOLUTION APPROVING OFFSTREET PARKING PERMIT
IN ACCORDANCE WITH APPLICATION 87-7 FOR
7301 PENN AVENUE
H. APPROVED ESTIMATE NO. 1 JWI, INC. SLUDGE DRYER
EQUIPMENT FOR WATER PLANT $115,425
I. APPROVED ESTIMATE N0. 3, TRUCKER CONSTRUCTION, SLUDGE
DRYER BUILDING CONSTRUCTION, WATER PLANT $69,254.31
J. APPROVED ESTIMATE N0. 2 STANDARD SIDEWALK, 1987 ALLEY
PAVING, $78,873.14
K. APPROVED FEE WAIVED LICENSE TO CONDUCT A COMMUNITY
CELEBRATION (FOURTH OF JULY COMMITTEE)
L. APPROVED LICENSE RENEWAL: MECHANICAL AMUSEMENT,
DAVANNI'S, 2312 WEST 66TH STREET
M. APPROVED RENEWAL OF COMMERCIAL KENNEL LICENSES:
AIRPORT PET HOSPITAL, 6301 CEDAR; ANIMAL CARE CLINIC,
6521 CEDAR AVENUE; CifTLER ANIMAL HOSPITAL, 7738 COLFAX
AVENUE; ELAINES PROFESSIONAL GROOMING, 7429 HUMBOLDT
AVENUE; WOODLAKE VET, ,6439 LYNDALE AVENUE
N. APPROVED RENEWAL KENNEL LICENSE, MARGARET ADAMS, 6400
16TH AVENUE, THREE DOGS
0. APPROVED RENEWAL RETAIL OFF-SALE NON-INTOXICATING MALT
LIQUOR LICENSE, TOM THUMB, 7609 LYNDALE AVENUE;
HAUSERS, 6530 PILLSBURY AVENUE;
P. APPROVED NEW LICENSE-AUTO DETAILING, STEVE'S DETAILING,
7301 PENN AVENUE
Council Meeting Minutes 5 June 8, 1987
M/Ludeman, S/Garcia to approve the consent calendar.
Motion carried 4-0.
Item ~6 CONSIDERATION OF A REQUEST FOR A SPECIAL IISE PERMIT AND
OFFSTREET PARKING PERMIT AT 7730 PORTLAND AVENUE FOR A
SELF SERVICE CAR WASH FACILITY. C.L. NO. 178.
City Manager Prosser reviewed Council Letter No. 178
recommending that the city council approve a special use permit
and an offstreet parking permit for a car wash with self service
and automatic facilities at 7730 Portland Avenue subject to the
following stipulations:
1. That the fence on the westerly property line be
repaired and/or replaced according to the revised site
plan.
2. That the existing structure be brought into full
compliance with the city building and fire codes.
3. That the existing outdoor advertising displays
(billboards) on the site be removed by September 15,
1987.
4. That a final drainage plan be submitted for city
engineer's review and approval.
5. That the revised property boundaries be filed with
Hennepin County.
6. That the necessary automobile washing establishment
license be obtained.
7. The applicant must conform to all the stipulations
except #3 prior to the issuance of an occupancy permit.
Applicant Donald Elsen stated that the Planning Commission
had given a different date for removal of the billboard.
Community~Development Director Wallace stated that the lease
expiration date was not known at the time of the Planning
Commission meeting. Subsequently, it was determined that the
lease expires August 15,'1987; therefore, it is stipulated that
the billboard be removed by September 15, 1987.
Tom Langseth, Lincoln Companies, stated that he understood
that the billboard must be removed 30 days after the expiration
of the lease.
M/Kirsch, S/Ludeman to close the public hearing.
Motion carried 4-0.
Council Meeting Minutes 6 June 8, 1987
M/Ludeman, S/Kirsch to approve a special use ermit and an
offstreet parking permit for a car wash with self service and
automatic facilities at 7730 Portland Avenue subject to the --
following stipulations:
1. That the fence on the westerly property line be
repaired and/or replaced according to the revised site
plan.
2. That the existing structure be brought into full
compliance with the city building and fire codes.
3. That the existing outdoor advertising displays
(billboards) on the site be removed by September 15,
1987.
4. That a final drainage plan be submitted for city _
engineer's review and approval.
5. That the revised property boundaries be filed with
Hennepin County.
6. That the necessary automobile washing establishment
license be obtained.
7. The applicant must conform to all the stipulations
except #3 prior to the issuance of an occupancy permit.
Motion carried 4-0.
Item #7 CONSIDERATION OF A REQIIEST FOR A SPECIAL IISE PERMIT AND
OFFSTREET PARKING PERMIT TO CONSTRIICT A PDQ FACILITY
AT 7700 PORTLAND AVENQE. C.L.. NO. 179.
City Manager Prosser reviewed Council Letter No. 179
recommending. that the city council approve a special use permit
and offstreet parking permit to construct a PDQ store with
gasoline service at 7700 Portland Avenue subject to the following
stipulations:
1. That a final drainage plan be submitted for city
engineer's review and approval.
2. That a signed copy of the access agreement be provided
to the city. -
3. That the revised property boundaries be filed with
Hennepin County.
4. The applicant must conform to all the stipulations
prior to the .issuance of an occupancy permit.
Jim Shelton, PDQ Stores, stated that PDQ is in agreement with
the stipulations.
M/Garcia, S/Kirsch to close the public hearing.
Motion carried 4-0.
Council Meeting Minutes 7 June 8, 1987
M/Ludeman, S/Garcia to approve a special use permit and
offstreet parking ermit for a PDQ store with asoline service at
7700 Portland Avenue sub'ect to the following stipulations:
1. That a final drainage plan be submitted for city
engineer's review and approval.
2. That a signed copy of the access agreement be provided
to the city.
3. That the revised property boundaries be filed with
Hennepin County.
4. The applicant must conform to all the stipulations
prior to the issuance of an occupancy permit.
Motion carried 4-0.
Item #8 PUBLIC HEARING AND SECOND READING OF AN ORDINANCE TO
REZONE THE PROPERTY AT 6229-31 PILLSBURY AVENQE FROM
SINGLE FAMILY RESIDENTIAL 'R" DISTRICT TO MIILTIPLE
RESIDENCE "MR-1" DISTRICT. C.L. NO. 180.
City Manager Prosser reviewed Council Letter No. 180
recommending that the city council deny a request for the
rezoning of the property at 6229-31 Pillsbury Avenue from single
family residence (R) district to multiple residence (MR-1)
district.
Mrs. Duane Mumm, 6229-31 Pillsbury Avenue, stated that there
is no proposed change in the property if it is rezoned. She
stated the rezoning was stipulated by their mortgage company for
refinancing because the current use is nonconforming in an R
district.
M/Kirsch, S/Garcia to close the public hearin .
Motion carried 4-0.
M/Garcia, S/Kirsch that this
Bill No. 1987-9, that it be ubli
and that it be made part of these
constitute Second
hed in the offici
minutes.
news
of
Motion carried 4-0.
Council Meeting Minutes 8 June 8, 1987
Item #9 PUBLIC HEARING AND SECOND READING OF AN ORDINANCE TO _
REZONE THE PROPERTY AT 6941-45 PENN AVENiTE FROM .-
MULTIPLE RESIDENCE "MR-2" DISTRICT TO LIMITED BUSINESS
"C-1" DISTRICT FOR PURPOSES OF CONSTRIICTING A DENTAL
OFFICE ON THE SITE. C.L. NO. 181.
City Manager Prosser reviewed Council Letter No. 181
recommending that the city council approve an ordinance to rezone
the property at 6941-45 Penn Avenue from multiple residence MR-2
to limited business C-1.
Council Member Ludeman stated that the proposed construction
of a dental office on the property by Mr. Donald Johnson was a
good use of the property and would enhance the neighborhood.
City Manager Prosser noted that the HRA will purchase the
property from Hennepin County and sell it to Mr. Johnson at cost
plus any additional costs incurred by the acquisition.
M/Ludeman, S/Garcia to close the public hearing. ,
Motion carried 4-0.
M/Rirsch, S/Ludeman that this constitute Second Reading of
Bill No. 1987-10, that it be published in the official newspaper
and that it be made part of these minutes.
Motion carried 4-0.
Item #10 PUBLIC HEARING AND SECOND READING OF AN ORDINANCE
REVISING THE BOUNDARIES OF THE AREA COVERED BY THE ILN
BIIILDING MORATORIUM. C.L. NO. 182.
City Manager Prosser reviewed Council Letter No. 182
regarding an ordinance amendment to Transitory Ordinance No.
17.18 which would remove the area north of the first lot north of
77th Street from the ILN building. permit moratorium area.
M/Ludeman, S/Rirsch to close the public hearing.
Bill
Motion carried 4-0.
M/Ludeman, S/Kirsch that this constitute Second Re
these minutes.
i1
Motion carried 4-0.
Council Meeting Minutes 9 June 8, 1987
Item X11 PIIBLIC HEARING AND SECOND READING OF AN ORDINANCE
AMENDMENT MODIFYING THE TERMINATION PROVISIONS OF THE
CLASSIFICATION OF EMPLOYEE ENTITLED °PROJECT EMPLOYEE°.
C.L. NO. 183.
City Manager Prosser reviewed Council Letter No. 183
regarding an ordinance amendment to modify the termination
provision for the classification of employee entitled Project
Employee.
M/Ludeman, S/Garcia to close the public hearin
Motion carried 4-0.
M/Ludeman, S/Kirsch that .this constitute Second Reading of
Bill No. 1987-12, that it be published in the official newspaper
and that it be made part of these minutes.
Motion carried 4-0.
Item X12 CONSIDERATION OF AN ORDINANCE AMENDMENT RELATING TO
COIINCIL SALARIES. FIRST READING. C.L. NO. 184.
City Manager Prosser reviewed Council Letter No. 184
regarding the consideration of council salaries.
Mayor Hamilton stated his salary was adequate and should
remain at $6700 per year.
Council Member Ludeman stated it was desirable to have an
increase yearly at the same percentages as Management and General
Services employees receive rather going several years without an
increase and then passing a large increase. He suggested that
council member's salary be increased to $5500 per year from the
current $5200.
Council Member Kirsch asked what procedure could be
implemented so that the council would receive the same percent
increases as city employees.
Assistant City Attorney Dean stated that council could use
that concept as policy; however, they would still be required to
consider and vote on salaries each year.
Council Meeting Minutes 10 June 8, 1987
Council Member Garcia stated that Richfield salaries were
appropriate when compared to other cities and that she could not
support an increase at this time. She stated that the council -_
members did not become members for the money. .--
Council Member Ludeman stated that a 4.5~ increase for
council members would mean a salary of $5435 per year, which is
the percentage that management and general services employees
received in 1986. He noted that if approved, it would be
effective January 1, 1988.
It was the consensus of the council that when council
salaries are considered that the same percentage granted to
Management and General Services be used to calculate a proposed
salary for council consideration.
M/Ludeman, S/Rirsch that this constitute the First Readin
of this ordinance and that the Public Hearin and Second Readin
of the ordinance be scheduled .for the July 13, 1987 city council
meeting.
Motion carried 3-1. (Garcia opposed)
Item #13 CONSIDERATION OF AN ORDINANCE ENACTING THE RICHFIELD
CITY CODE OF 1987. FIRST READING. C.L. NO. 185.
City Manager Prosser reviewed Council-Letter No. 185
regarding a proposed ordinance to enact the Richfield City Code
of 1987 which is a revision, rearrangement, recodification and
reenactment of all existing ordinances of-the City.
M/Kirsch, S/Garcia that this constitute the First Readin of
this ordinance and that the Public-Hearin -and Second Reading of
the ordinance be scheduled for the June 22, 1987 city council
meeting.
Motion carried 4-Q.
Item #14 CONSIDERATION OF A PROPERTY MAINTENANCE ORDINANCE.
FIRST READING. C.L. NO. 186.
1
City Manager Prosser reviewed Council Letter No. 186
regarding a proposed housing maintenance ordinance requiring
licensing of apartment buildings and rented homes and requiring
certificates of housing code compliance for homes when they are
sold.
Council Meeting Minutes 11 June 8, 1987
Mayor Hamilton stated his support for this ordinance as an
important tool to maintain the housing stock in Richfield.
Council Member Ludeman asked how much revenue would be
produced by the license fee and how the revenue would be used.
Assistant Fire Chief Coughlin stated that the revenues are
estimated to be $107,000 per year and that this revenue would
cover the costs to perform the inspections and administer the
program including two inspectors and a clerical employee.
City Manager Prosser stated that these estimates are
consistent with the experience of other communities.
Council Member Ludeman stated his concern that these costs
will be passed on to the renters and that current ordinances are
adequate to address the problem. He stated the costs were
unreasonable and yearly inspections were not necessary.
Assistant Fire Chief Coughlin stated that this ordinance
would give the city access to inspect properties and the costs of
deteriorating dwellings should be weighed against the cost of the
licensing.
M/Garcia, S/Kirsch that this constitute the First Reading
this ordinance and that the Public Hearing and Second Reading o
the ordinance be scheduled for the July 13, 1987 city council
meeting.
Motion carried 5-0.
Item #15 CONSIDERATION OF APPROVAL OF CONTRACT FOR DETAIL DESIGN
OF PIIBLIC IMPROVEMENTS IN THE ILN AREA WITH THE FIRM OF
BENNETT-RINGROSE-WOSFELD. C.L. NO. 188.
City Manager Prosser reviewed Council Letter No. 188
regarding a contract for detail design of certain public
improvements in the ILN Area with the firm of Bennett-Ringrose-
Wolsfeld (BRW), in an amount not to exceed $20,000.
Council Member Ludeman questioned whether the city could use
it's own engineering staff for this work.
City Manager Prosser reviewed the reasons why it is
recommended that a consulting engineer complete this work.
Council Member Garcia stated that it was crucial to complete
this work in timely and expert manner.
Council Meeting Minutes 12 June 8, 1987
Council Member Kirsch stated that it was important to
fulfill the commitment to the neighborhood to complete these
public improvements. -
Lawrence Wozniczka, 6744 Wentworth Avenue questioned the
total costs of the public improvements associated with the
Hampton Inn project.
City Manager Prosser stated that the estimated cost of the
roadway, buffer, and home acquisition east of Lyndale Avenue is
$600,000, which will be paid for by the tax increment generated
by the Hampton Inn Project.
Mr. Wozniczka requested to see the pro-forma sheet on this
T.I.F. project and stated his concerns that BRW did not
coordinate the ILN/Lyndale Avenue plans with the I-494 Corridor
Study.
City Manager Prosser stated that there is nothing that the
city is doing in the Hampton Inn area which is not consistent
with proposals for I-494. He then reviewed how the city uses
consulting engineers.
M/Ludeman, S/Kirsch to approve a contract for design work in
the ILN with the consulting firm of Bennet-Ringrose-Wolsfeld
(BRW) and to authorize the expenditure of not to exceed $20,000
for contract implementation east of Lvndale Avenue.
Motion carried 4-0.
Item #15A CONSIDERATION OF A RESOLUTION APPROVING AN OFFSTREET
PARKING PERMIT FOR OMNIBIIS INVESTMENTS, 6433 PENN AVE.
Council Member Kirsch stated that he wished to add a
stipulation to the offstreet parking permit for 6433 Penn Avenue
to require the curb-cut apron be widened to 26 feet to be
consistent with what is now required for commercial properties.
M/Rirsch, S/Ludeman to approve the addition of a stipulation
to require a 26 foot curb cut apron for the offstreet parking
permit for 6433 Penn Avenue and that the following resolution be
adopted as amended; that it be spread in the resolution book and
that it be made part of these minutes:
RESOLUTION N0. 7308
RESOLUTION APPROVING OFFSTREET PARKING
PERMIT IN ACCORDANCE WITH APPLICATION 87-8
6433 PENN AVENUE
Council Meeting Minutes 13 June 8, 1987
Motion carried 4-0. This resolution appears as Resolution
No. 7308 in Resolution Book No. 55.
Item #16 CORRESPONDENCE REPORT
None
Item X17 CODNCIL DISCIISSION ITEMS
Council Member Kirsch complemented City Manager Prosser on
the first issue of the new Your City/Your Schools publication.
Item #18 [_T.ATMS AND PAYROLLS
1
Mayor Hamilton questioned a $66 payment for police services
to the school district.
City Manager Prosser stated he would investigate the payment
and report back to the council.
M/Ludeman, S/Garcia that the following claims and payrolls
be approved:
RICHFIELD STATE BANK
Checks 8637/8687, 89866/90090
FIRST WESTERN BANK
Checks 3684/3713
Checks 299&/3032, 4986/5350 Payroll
Motion carried 4-0.
11
ADJOURNMENT
$1,046,835.35
X2,570,005.92
288,439.45
M/Kirsch, S/Ludeman that the meeting adjourn.
Motion carried 4-0.
The meeting was adjourned at 8:42 p.m.
Council Meeting Minutes
Date Approved: 6/22/87
,i'
Jam s Prosser
C' y Manager
~~~ ~~
Thomas P. Ferber
City Clerk
14 June 8, 1987
}
~' ~ -
ohn Haz+ct' b Mayor
l
1