09-28-1987CITY OF RICHFIELD, MINNESOTA
REGULAR CITY COUNCIL MEETING
September 28, 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; Bill Rollick,
Investigator/Agent; and Clayton LeFevere,
City Attorney.
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/Ludeman, S/Garcia to approve the minutes of the Budget
Hearings on September 9, 1987 and September 16, 1987; and the
regular city council meeting on September i4, 1987.
Motion carried 4-D.
Item #1 OPPORTUNITY FOR ,CITIZENS TO ADDRESS THE -CITY COUNCIL
ON ANY ITEM NOT LISTED ON THE AGENDA.
Ruth Larson, 7638 Harriet Avenue, requested that left turn
arrows be provided for east and west at the 76th Street and
Lyndale Avenue intersection.
City Manager Prosser stated that turn arrows at
intersections without turning lanes can cause delays which must
be weighed against the benefits of turn arrows. He stated future
improvements envisioned by the ILN Redevelopment Plan included
turn lanes at this intersection.
Council Meeting Minutes -2- September 28, 1987
Mayor Hamilton stated that a left turn arrow for Lyndaie
Avenue to westbound 76th Street currently exists at the
intersection.
Deborah Olsen, owner of the apartment building located at
6901 Penn Avenue, asked what progress was being made in
addressing flooding problems and questioned the storm sewer pipe
installation near 66th Street and Penn Avenue.
City Manager Prosser stated that the city is gathering data
and analyzing the problems for presentation to the council for
decisions regarding the scope of engineering, priorities, and
alternatives.
Community Services Director Fondrick stated that the pipe
Mrs. Olsen mentioned is replacement pipe being installed as part
of the Hennepin County Reconstruction of 66th Street and Penn
Avenue.
Lawrence Wozniczka, 6744 Wentworth Avenue, expressed
concerns regarding the I-494/Highway 77 improvement approval
process and pedestrian/bicycle access across Highway 77 to the
airport area.
City Manager Prosser stated that the city has submitted
comments regarding the project and has not given approval to the
plans.
Community Services Director Fondrick stated final plans have
not been submitted for review and that the City has expressed
support for pedestrian access in the 1494/Highway 77 area. He
stated a meeting will be conducted by the I494 Traffic Committee
on October 22 at 7:00 p.m. to discuss this project.
Council Member Garcia suggested that the South Hennepin
Human Services Council Report•be rescheduled to provide published
notice of this report.
Mayor Hamilton stated that representatives of SHHSC had
agreed to appear at this meeting to give a short report.
Council Member Garcia requested that if such a report is
scheduled in the future that it be listed on the agenda or a
notice published.
City Manager Prosser stated this would be done.
Larry Ophold, Director of the South Hennepin Human Services
Council, reviewed the projects and activities of the South
Hennepin Human Services Council.
Council Member Garcia asked if other agencies provide
similar services.
Council Meeting Minutes -3- September 28, 1987
City Manager Prosser stated that SHHSC is unique because it
serves as a planning resource for the City.
Item #2 COUNCIL APPROVAL OF AGENDA
MlGarcia, S/Kirsch to approve the agenda.
Motion carried 4-0.
Item #3 CONSENT CALENDAR
A. REMOVED FROM CONSENT CALENDAR TO BE CONSTDERED AS ITEM
#14A ON REGULAR AGENDA.
8. APPROVED THE AWARD OF CONTRACT FOR CONSTRUCTION OF A
POLE BUILDING AT RICH ACRES GOLF COURSE.
C. APPROVED RESOLUTION AUTHORIZING EXTENSION OF ENERGY
AUDIT AND HOUSE DOCTORING AGREEMENT WITH SELF RELIANCE
CENTER (SRC) C.L. 289
RESOLUTION N0. 7357
A RESOLUTION AUTHORIZING CONTRACT RENEWAL TO PROVIDE
ENERGY AUDITING AND WEATHERIZATION SERVICES
D. APPROVED A RESOLUTION PROVIDING FOR POLLING PLACES AND
DESIGNATING ELECTION JUDGES FOR THE NOVEMBER 3, 1987
CITY ELECTION. C.L. 290.
RESOLUTION N0. 7358
RESOLUTION PROVIDING FOR POLLING PLACES
AND DESIGNATING JUDGES FOR 7HE GENERAL
ELECTION OF NOVEMBER 3, 1987
E. APPROVED RESOLUTION AUTHORIZING PREPARATION OF PLANS
AND SPECS TO DEMOLISH AND REMOVE OLD CEDAR LIQUOR
STORE. C.L. 291.
RESOLUTION ND. 7359
RESOLUTION ORDERING CITY OF RICHFIELD TO PREPARE
PLANS AND SPECIFICATIONS FOR THE DEMOLITION OF THE
STRUCTURE AT 6636 CEDAR AVENUE
Council Meeting Minutes -4- September 28, 1987
F. REMOVED FROM CONSENT CALENDAR TO BE CONSIDERED AS ITEM
#14B ON REGULAR AGENDA.
G. REMOVED FROM CONSENT CALENDAR TO BE CONSIDERED AS ITEM
~14C ON REGULAR AGENDA.
H. APPROVED RESIDENTIAL KENNEL LICENSE (NEW). JOHN
RICHARDS, 7404 5TH AVENUE, THREE DOGS.
M/Garcia, S/Ludeman to approve the consent calendar as
amended.
Motion carried 4-0.
Item #4 HEARING ON THE APPLICATION-FOR A SUNDAY AND ON-SALE
LTQUOR LICENSE FOR PIZZERIA UNO RESTAURANT,. 1420. EAST
78TH STREET. C.L. 292.
City Manager Prosser reviewed Council Letter No. 292
regarding the application by Discus Corporation for an on-sale
and Sunday liquor license for the proposed Pizzeria Uno
Restaurant at 1420 East 78th Street.
Council Member Ludeman stated his opposition to this type of
restaurant having a liquor license and stated it would have a
negative impact on the neighborhood.
Mayor Hamilton stated he is not opposed to restaurants with
liquor in the proper setting; however, he opposes an on-sale
license for a pizza restaurant.
Council Member Garcia asked if the applicant would still
build without a liquor license.
Richard Gottlieb, representing the Discus Corporation,
stated the concept of the restaurant included liquor and the
company would not build if the liquor license was not granted.
M/Kirsch, S/Ludeman to close the public hearing. '
Motion carried 4-0.
M1Ludeman, S/Kirsch to deny the application of the Discus
Corporation for an On-Sale and Sunday liquor license for Pizzeria
Uno Restaurant, 1420 East 78th Street.
Motion carried 4-0.
Council Meeting Minutes -5- September 28, 1987
Item ~5 SECOND READING AND PUBLIC HEARING ON THE REQUEST FOR
THE VACATION OF UTILITY AND ORAINA~GE EASEMENT AT 7744
FIFTH AVENUE (NEW ARBY'S SITE) C.L. 293
City Manager Prosser reviewed Council Letter No. 293
regarding a proposed ordinance to vacate the utility and drainage
easement located at 7744 Fifth Avenue.
M/Ludeman, S/Kirsch to close the public hearing.
Motion carried 4-0.
M/Ludeman, S/Kirsch that this constitute Second Reading of
itorv Ordinance No. 17.30 Bill No. 1987-25, that it be
shed in the official newspaper and that it be made part of
minutes.
Motion carried 4-0.
Item #6 REQUEST~FOR CONTINUANCE OF APPEAL ~OF HEARING EXAMINER'S
DENIAL OF A VARIANCE REQUEST, 7234-36 LYNDALE AVENUE.
C.L.. 294
. City Manager Prosser reviewed Council Letter No. 294
recommending continuance of the public hearing on the appeal of
the hearing examiner's denial of a variance request for the
property located at 7234-36 Lyndale Avenue.
Audrey Hanson, 7228-30 Lyndale Avenue stated her concerns
regarding parking and the use of 7234-36 Lyndale Avenue as a
board/care facility and stated her support for denial of the
variance.
M/Ludeman, S/Kirsch to continue the public hearing on the
eal of the hearing examiner's denial of a variance request for
property at 7234-36 Lyndale Avenue to the October 12, 1987
v council meeting.
Motion carried 4-0.
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Council Meeting Minutes
-6- September 28, 1987
Item ~7 CONSIDERATION OF PERMITS FOR ILLUMINATED AND OFF-SITE
DIRECTIONAL SIGNS FOR THE HAMPTON INN, 77TH STREET AND
LYNDALE AVENUE. C.L. 295.
City Manager Prosser reviewed Council Letter No. 295
regarding signage for the Hampton Inn at 77th Street and Lyndale
Avenue and recommended that the city council:
1. Approve permits for an illuminated 4' x 6' symbol on the
west wall of the structure; illuminated 10' x 23' Hampton
Inn signs on the west wall and the south wail of the
structure; an illuminated freestanding sign, 27' high, with
a 7 1/2' x 11 1/2' "Hampton Inn" panel and a 4' x 8'
changeable message panel to be located near the intersection
of 77th Street and Lyndale Avenue; and illuminated "Enter"
signs located at each of the entrances to the site.
2. Approve an illuminated freestanding off site directional
sign to be located on the Blaylock Plumbing site at the
intersection of 4th Avenue and 78th Street. The sign will
be 25' high with a 9' x 25' sign panel.
Ruth Larson, 7638 Harriet Avenue, stated opposition to the
illumination and height of the sign near the intersection of 77th
Street and Lyndale Avenue. She stated she opposed signage higher
than the buffer wall and stated concern that this sign would be a
rotating sign.
Bob Werner, 7645 Harriet Avenue, stated he had not received
a mailed notice of the hearing and stated his opposition to the
proposed signs. He also requested that residents be informed as
to the development of the building at 77th Street and Harriet.
Ron Goldberg, representing Hampton Inn, stated that the
signs are not rotating signs. He reviewed the proposed signs and
stated the proposal was a reduction of signage from the original
plan. He stated the illumination emitted from the signs would be
less than the adjacent Vickers sign.
City Manager Prosser stated that in response to concerns
expressed about signs, Hampton Inn had reduced signage. He noted
that the signs meet city ordinance re~ju~irements but need council
approval because they are illuminated. He stated the off-site
sign deviates from the ordinance because it is further than one
interchange away; however, this was a more appropriate location
and allows a smaller and lower sign to be used.
Mayor Hamilton asked how the sign at 77th Street and Lyndale
Avenue would compare in size to the Colonial Lodge sign.
Council Meeting Minutes -7- September 28, 1987
Mr. Goldberg stated it would be approximately the same
heigfit.
Council Member Kirsch questioned the sign height on Lyndale
Avenue and questioned the need for this sign.
Discussion followed regarding the visibility of signage to
the freeway and the need for Lyndale Avenue signage.
Cindy Latham, 7638 Garfield Avenue, stated her concern about
privacy for the residential area and the cumulative effect of
spillover light from signs and sidewalk lighting.
Barb Pitcher, Nordquist Signs, stated that the interior
illuminated signs with a blue background and white letters will
emit less light than streetlights.
Lawrence Wozniczka, 6744 Wentworth Avenue, asked the
proposed height of the original off site sign.
City Manager Prosser stated the original proposal included a
48 foot high off site sign. He stated the current proposal is
fox a 25 foot high sign.
Mr. Wozniczka stated his opposition to allowing off site
signs.
Scot Hintermeyer, representing the Richfield Chamber of
Commerce, spoke in support of the signs because of their
importance to businesses.
Ruth Larson, 7638 Harriet Avenue, stated that the hotel will
have sufficient signage to attract business without the 27 foot
Lyndale Avenue sign.
Council Member Garcia stated her support for the signs
because they are necessary for the success of the development.
M/Ludeman, S/Garcia to close the public hearing.
Motion carried 4-0.
Council Meeting Minutes -8- September 28, 1987
M/Garcia, S/Ludeman that the following signa a for the
Hampton Inn project at 77th Street and Lyndale Avenue:
1. Approve permits for an illuminated 4' x 6' symbol on the
west wall of the structure; illuminated iO' x 23' Hampton
Inn signs on the west wall and the south wall of the
structure; an illuminated freestanding sign, 27' high, with
a 7 1!2' x 11 1/2' "Hampton Inn" panel and a 4' x 8'
changeable message panel to be located near the intersection
of 77th Street and Lyndale Avenue; and illuminated "Enter"
signs located at each of the entrances to the site.
2. Approve an illuminated freestanding off site directional
sign to be located on the Blaylock Plumbing site at the
intersection of 4th Avenue and 78th Street. The sign will
be 25' high with a 9' x 25' sign panel.
Motion carried 3-l. (Kirsch opposed)
Item #8 FIRST READING OF AN~ORDINANCE TO ENABLE SELECT NON-
POLICE EMPLOYEES TO ISSUE CITATIONS. C.L. 296
City Manager Prosser reviewed Council Letter No. 296
regarding a proposed ordinance amendment to authorize certain
non-police employees to issue citations for code violations.
Council Member Garcia asked if these employees are trained
for the issuance of citations.
City Manager Prosser stated these employees are currently
performing enforcement activities but must be authorized by
ordinance to do so because of a recent Minnesota State Statute
Revision.
M/Ludeman, S/Garcia that this constitute the First Readin
of this ordinance and that the Public Hearing and Second Readi
of the ordinance be scheduled for the October 12, 1987 city
council meeting.
Motion carried 4-0.
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Council Meeting Minutes
-9- September 28, 1987
Item #9 CONSIOERATION OF A RESOLUTION APPROVING FINDINGS OF
FACT RELATING TO THE DENIAL OF A CONDITIONAL USE PERMIT
AT AMOCO OIL., 6601 PENN AVENUE. C.L. 297.
City Manager Prosser reviewed Council Letter No. 297
regarding a resolution approving findings of fact relating to the
denial of a conditional use permit at Amoco Oil, 6601 Penn
Avenue.
M/Ludeman, S/Kirsch th
adopted; that it be spread
made part of these minutes:
following resoluti
id that it
RESOLUTION NO. 7360
RESOLUTION DENYING A CONDITIONAL USE PERMIT FOR AN
AUTOMATIC CAR WASH FACILITY AT 6601 PENN AVENUE
1
~~
Motion carried 4-0. This resolution appears as Resolution
No. 7360 in Resolution Book No. 56.
Item #10 CONSIDERATION OF A RESOLUTION REDUCING INTEREST RATES
CHARGED FOR 1986 ALLEY PAVING AND ACADEMY OF THE HOLY
ANGELS SPECIAL ASSESSMENTS. C.L. 298
City Manager Prosser reviewed Council Letter No. 298
regarding a resolution reducing the interest rates charged for
1986 alley paving and Academy of the Holy Angels fire suppression
improvement special assessments.
M/Ludeman, S/Kirsch that the following resolution be
doted; that it be spread ~n the resolution book and that it be
ade part of these minutes:
RESOLUTION N0. 7361
RESOLUTION REDUCING INTEREST RATE PER ANNUM FOR
UNPAID PORTION OF SPECIAL ASSESSMENTS FOR 1986 ALLEY
PAVING AND ACADEMY OF HOLY ANGELS FIRE
SUPPRESSION IMPROVEMENTS
Motion carried 4-0. This resolution appears as Resolution
No. 7361 in Resolution Book No. 56.
Council Meeting Minutes -10- September 28, 1987
item #11 CONSIDERATION OF A RESOLUTION CONFIRMING SPECIAL
ASSESSMENT FOR PROPERTY OF INDEPENDENT SCHOOL DISTRICT
N0. 280. C.L. 299
City Manager Prosser reviewed Council Letter No. 299
regarding a resolution confirming the special assessments for
fire suppression equipment in buildings owned by Independent
School District No. 280.
M/Ludeman, S/Garcia that the following resolution be
adopted; that it be spread in the resolution book and that
made part of these minutes:
RESOLUTION N0. 7362
RESOLUTION CONFIRMING SPECIAL ASSESSMENT AGAINST
PROPERTY OF INDEPENDENT SCHOOL DISTRICT N0. 280
Motion carried 4-0. This resolution appears as Resolution
No. 7362 in Resolution Book No. 56.
Item #12 CONSIDERATION OF~A RESOLUTION CONFIRMING SPECIAL
ASSESSMENT FOR PROPERTY OF THE ACADEMY OF THE HOLY
ANGELS. C.L. 300
City Manager Prosser reviewed Council Letter No. 300
regarding a resolution confirming the special assessments for
fire suppression equipment at the Academy of the Holy Angels.
Lawrence Wozniczka, 6744 Wentworth Avenue, asked if these
improvements have occurred and whether the city takes bids for
the work.
City Manager Prosser stated that the improvements have not
taken place yet and that the Academy of Holy Angels undertakes
contracting for the project which will be financed by the special
assessment bonds.
M/Kirsch, 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 N0. 7362
RESOLUTION CONFIRMING SPECIAL ASSESSMENT AGAINST
PROPERTY OF HOLY ANGELS ACADEMY
Motion carried 4-0. This resolution appears as Resolution
No. 7362 in Reso ution Book No. 56.
Council Meeting Minutes
-11- September 28, 1987
Item #13 CORRESPONDENCE/LEGISLATIVE REPORT
City Manager Prosser reviewed a letter from Congressman Bi11
Frenzel acknowledging receipt of the city's letter regarding
revenue sharing funds; a letter from Senator Dave Durenberger
acknowledging a letter from Mayor Hamilton regarding the cost
implications of federal legislation on city operations; a letter
from Congressman Martin Sabo congratulating the city for being
recognized as a winner of the Energy Savers Award of Excellence
Competition; and, a letter from Mr. Robert Diercks expressing his
thanks to the Richfield Fire and Res-cue Emergency squad for
saving his wife's life.
Item #l~ COUNCIL DISCUSSION ITEMS
14A. PURCHASE IN EXCESS OF $5,OD0 FOR RENTAL OF A KODAK
COPIER FOR A 4-MONTH PERIOD. C.L. 287
City Manager Prosser reviewed Council Letter No. 287
regarding authorization for expenditures for the rental of a
Kodak 225E photocopier.
Mayor Hamilton asked if it is cheaper to rent than to
purchase a copier.
City Manager Prosser stated that the city is renting several
brands of machines to assure that they meet the city's needs
prior to purchase. He stated that such rental payments are
normally credited against the purchase price.
Lawrence Wozniczka, 6744 Wentworth Avenue, stated it appears
the Canon copier rental is more economically desireable than the
Kodak.
City Manager Prosser stated that the Canon had not performed
satisfactorily.
M/Kirsch, S/Ludeman to authorize the expenditure of $7,110
lus 1.03 cents per copy over the monthly allowance of 25,000
opies, for the rental of a Kodak 225E photocopier from Eastman
odak Company.
Motion carr-led 4-0.
14B. ESTIMATE N0. 2 FOR SLUDGE DRYER AT WATER PLANT, JWI,
INC. $23,085.
Council Meeting Minutes -12- September 28, 1987
Lawrence Wozniczka, 6744 Wentworth Avenue, questioned what
this item pertained to.
City Manager Prosser explained that this was a progress -
payment for completed work which had been previously approved.
K/Kirsch, S/Ludeman tv approve Estimate No. 2 far sludge
dryer at water plant, JWI, Inc.
Motion carried 4-0.
14C. ESTIMATE N0. 6 FOR SLUDGE DRYING BUILDING AT WATER
PLANT, TRUCKER CONSTRUCTION, INC. $23,316.30
M/Kirsch, S/Ludeman to a rove Estimate Na. 6 for slud
ying building at water plant, Trucker Construe ion, Inc.
Motion carried 4-0.
14D. MAIL RECEIVED FROM TERRY FELDMANN'S IMPORTS, INC.
Mayor Hamilton stated that the council had received a xerox
copy of a check made out to the city for $10,085.41 and it was
misleading that the city receives this money from processing
motor vehicle transactions.
City Manager Prosser stated that the city receives $3.25 for
each transaction processed by the city's motor vehicle office.
He stated the stub indicated li transactions, therefore, the city
received $35.75 in processing fees with the remainder of the
money being excise tax, registration taxes, and transfer fees
which are collected for the State of Minnesota and deposited in
the State's account.
14E. ROBERT HALL SITE
Mayor Hamilton stated his concerns regarding weeds, truck
parking, and the sign on the old Robert Hall site.
City Manager stated that the new sign ordinance would allow
the city to take action to have the sign removed; that the weeds
will be removed, and encouraged residents to contact the city
regarding the trucks so that action can be taken.
Council M'e~tng 'Minutes
-13- September 28, 1987
Item #15 CLAIMS A'ND PAYROLLS
MILu,d~eman, S/'Kirsch that the following claims an,~~ pavrol.ls
be a ,proved':
RICHF'lELO STATE 8A'NK
Checks 9U37-911$; 91926-92156
EI:RST WESTERN BANK
Checks 3892-3913
Checks 3191-339`7; X387-54.00';.
586-547; 628-b290;
6734-6736; 8020-8380
Motion carried ~-0.
ADJOt1RWMENT
$ T87,16~t.87
$l, 529,,0~0'1.6~i
Payroll $ 296,967.86
M/Kirsch, S/Garcia ti~at the ~m:eeting a~di;ourn.
M!Qt,iO~ Carried' 4-D'.
The meeting was a°d~ourned at 8:34 P .~.
Oate Approved October Y2, x:987
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vZ2~~it~lD
Thomas P'. Ferber
City Clerk
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ity Manager