02-08-1988CITY OF RICHFIELD, MINNESOTA
REGULAR CITY COUNCIL MEETING
February 8, 1988
MEMBERS PRESENT: Steven Quam, Mayor; Edwina Garcia; Ivan
Ludeman; Michael Sandahl; and Martin Kirsch.
STAFF PRESENT: James Prosser, City Manager; Steven Devich,
Administrative Services Director; Thomas P.
Ferber, City Clerk; Oonald Fondrick;
Community Services Director; Byron Wallace,
Community Development Director; John Erskine,
Public Safety Director; William Fillmore,
Liquor Operations Director; and John Dean,
City Attorney.
The meeting was called to order by Mayor Quam at 7:01 p.m.
PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE
Mayor Quam led the audience in the Pledge of Allegiance.
APPROVAL OF MINUTES
M/Kirsch, S/Sandahl to approve the minutes of the Special
City Council Meeting on January 20, 1988; the Special City
Council Meeting on January 25, 1988; the regular City Council
Meeting on January 25, 1988; and the Study Session Meeting on
February 1. 1988.
Motion carried 5-0.
Item #1 OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL
ON ANY ITEM NOT LISTED ON THE AGENDA.
Greg Englund, 7308 1st Avenue, asked the status of his
request for. compensation regarding flood damage to his home and
the status~of the storm sewer analysis report.
Mayor Quam noted that City Manager Prosser had met with Mr.
Englund regarding this-issue and the city will be reviewing
options and priorities resulting from the storm sewer analysis.
Council Meeting Minutes -2- February 8, 1988
City Manager Prosser stated that it is anticipated the storm
sewer analysis will be completed for presentation to the council
at a study session in March and also will be presented at
subsequent public information rneetings.
David Born, representing Hollywood Searchlights, asked that
he be permitted to have a searchlight at Wally McCarthy's
Oldsmobile for a period of two days.
Mayor Quam stated searchlights are prohibited by city
ordinance and could only be permitted by amending the ordinance.
Mr. Born stated that he felt a searchlight should not be
considered a sign and be exempt from the ordinance.
City Attorney Dean reviewed the definitions contained in the
ordinance.
City Manager Prosser stated that city staff would provide
information regarding this issue to the council at a future study
session and suggested Mr. Born submit any written material he may
have on the issue.
Tom Hlady, 6309 Morgan Avenue, requested that the city
council consider banning pornography from being shown on Rogers
Cable TV.
Mayor Quam stated that the actions of the city in this
regard would be governed by the cable franchise agreement and
requested that this issue be reviewed at a council study session.
He also suggested that community pressure and communication to
the cable company is another avenue that may be effective
pursuing this issue.
Mayor Quam read a letter from the Plumbing, Heating, and
Cooling Contractors of Minnesota stating that the Inspections
Division of Richfield had been highly rated by a survey of the
Association members in the metropolitan area.
Mayor Quam read a letter from Mrs. Marion Miller, 7316 Grand
Avenue, complementing the city on it's snow removal operations.
Mayor Quam read a letter from Clayton LeFevere thanking the
council for the recognition given to him upon his retirement as
City Attorney.
Mayor Quam announced a public meeting regarding light rail
transit is scheduled for February 13, 1988, 10:00 a.m. at Oak
Grove Intermediate School, 1300 W. 106th Street in Bloomington.
He also stated that cable channel 6 will carry a LRT information
program on February 10 at 6:30 p.m., February 17 at 6:30 p.m. and
February 21 at 5:30 p.m.
Council Meeting Minutes -3- February 8, 1988
Mayor Quam relayed the thanks of Assumption School students
to .city staff for upkeep of the Roosevelt Park skating rink and
presentations by the Police and Fire Divisions.
Item #2 COUNCIL APPROVAL OF AGENDA
M/Ludeman, S/Garcia to approve the agenda.
Motion carried 5-0.
Item #3 CONSENT CALENDAR
A. APPROVED PURCHASE IN EXCESS OF $5,000 FOR COMPUTER
PROGRAMMLNG COSTS. C.L. 36
B. APPROVED AUTHORIZATION TO ENTER INTO AGREEMENT FOR
SALES AND USE TAX REFUND CLAIM. C.L. 37
C. APPROVED RENEWAL OF THE FOLLOWING OFF-SALE
NON-INTOXICATING MALT LIQUOR LICENSE:
COUNTRY CLUB, 6528 PENN AVENUE;
KENNEY'S MARKETS, 6708 PENN AVENUE, 7138 CHICAGO
AVENUE, 1430 EAST 66TH STREET; AND
SINCLAIR MARKETING CO., 6600 PORTLAND AVENUE
D. APPROVED RENEWAL OF MOTOR VEHICLE DEALERS LICENSE,
WALSER IMPORTS, 7745 PENN AVENUE
M/Sandahl, S/Ludeman to approve the consent calendar.
Motion carried 5-0.
Item #4 PUBLIC HEARING AND SECOND READING CONSIDERATION OF AN
ORDINANCE AMENDMENT PERTAINING TO THE CITY SIGN
REGULATIONS. C.L. 38
City Manager Prosser reviewed Council Letter No. 38
regarding a proposed ordinance amendment pertaining to city sign
regulations.
Lawrence Wozniczka, 6744 Wentworth Avenue, expressed concern
about the proposed reduction in minimum vertical clearance of
signs and the relationship to public sidewalks.
Council Meeting Minutes
-4- February 8, 1988
City Manager Prosser stated signs are prohibited over public
sidewalks.
Council Member Ludeman questioned
to 3 times per year and suggested that
year would be more reasonable.
City Manager Prosser stated that
between prohibiting banners altogether
reasonable community standard.
the limitation of banners
allowing them 4 times per
the number was a compromise
and trying to establish a
City Attorney Dean stated that this particular provision was
in another section of the sign ordinance which is not being
considered as part of the amendment tonight. He stated if the
city council wishes to amend the banner provision, it should do
so as a separate amendment action because it is a substantive
change.
It was the consensus of the council that city staff prepare
an ordinance amendment for council consideration to permit
temporary banners 4 times a year.
M/Ludeman, SlSandahl to close the public hearing.
Bill
Motion carried 5-0.
M/Ludeman, S/Sandahl that thi
Item #5 PUBLIC HEARING TO CONSIDER REZONING THE PROPERTY AT
6636 CEDAR AVENUE FROM C-2 GENERAL COMMERCIAL TO PC-2
PLANNED GENERAL COMMERCIAL DISTRICT. C.L. 39
City Manager Prosser reviewed Council Letter No. 39
regarding the proposed rezoning of the property at 6636 Cedar
Avenue from C-2 General Commercial to PC-2 Planned General
Commercial District.
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Mayor Quam asked if Lincoln Companies had reached an
agreement with the property owners to the south regarding the
vacated street right-of-way.
Chuck DuFresne, Lincoln Companies, stated that an agreement
had been negotiated with American Family Insurance but that an
agreement had not been completed with the Garcia's at 6703 18th
Avenue.
Motion carried 5-0.
Council Meeting Minutes -5- February 8, 1988
City Attorney Dean reviewed the affect of the rezoning
action on the vacated right-of-way parcels.
M/Ludeman, S/Kirsch to close the public hearing.
Motion carried 5-0.
M/Garcia, S/Kirsch that this constitute Second Reading of
Bill No. 198.8-4, that it be published in the official newspaper
and that it be made part of these minutes.
Motion carried 5-0.
Ite® #6 PUBLIC HEARING TO APPROVE PRELIMINARY AND FINAL
DEVELOPMENT PLAN/FINAL PLAT/CONDITIONAL USE PERMIT AND
OFFSTREET PARKING PERMIT FOR THE PROPOSED COP
DEVELOPMENT AT 6636 CEDAR AVENUE. C.L. ~0
City Manager Prosser reviewed Council Letter No. 40
recommending approval of the final plat• final development plan,
conditional use permit, and offstreet parking permit for the
proposed CDP development project a 6636 Cedar Avenue. He
summarized the 18 stipulations proposed as part of the approval.
Council Member Kirsch asked if an underground lawn
irrigation system would be required.
Chuck DuFresne, Lincoln Companies, stated that an irrigation
system will be a part of the landscape plan.
Mayor Quam asked Mr. DuFresne to describe the exterior
building material of the proposed CDP building and to provide a
sample for staff review.
Mr. DuFresne stated the exterior would have precast
decorative stone panels of a gray/rose combination.
Lawrence Wozniczka, 6744 Wentworth Avenue, asked how high
the parking ramp would be along 18th Avenue.
Mr. DuFresne stated the ramp would be 13 feet above grade at
it's highest point and would have the same exterior precast
decorative stone panels as the office building.
Judy Garcia, 6703 18th Avenue,. spoke regarding the
disposition of the vacated 67th Street right-of-way.
Council Member Sandahl stated that Mr. Dufresne and Mrs.
Garcia must negotiate an agreement regarding the right-of-way.
Council Meeting Minutes
-6- February 8, 1988
Robert Haughts, 6520 Cedar Avenue, asked to see pictures of
the development, asked whether additional sewers or traffic
signals would be required, and if any tax incentives were
provided to the developer.
Mr. DuFresne stated he would provide drawings of the
project.
Mayor Quam reviewed the Tax Increment Financing plan for the
project.
City Attorney Dean reviewed the tax impact of the proposed
project and explained the use of Tax Increment Financing for the
project.
City Manager Prosser stated that no additional sewers or
traffic signals are required because of the project.
Mayor Quam requested that stipulation no. 1 be amended to
also require that the developer provide a sample of the precast
decorative stone to city staff for approval.
M/Ludeman, S/Kirsch to close the public hearing.
Motion carried 5-0.
M/Ludeman, S/Sandahl to approve the final development plan,
conditional use permit, final plat subiect to staff review and
approval, and offstreet parking permit for the CDP proiect at
6636 Cedar Avenue South with the following stipulations:
1. The building be constructed with precast decorative stone of
which the developer will provide a sample to city staff for
approval.
2. A sidewalk with ramp be built along the island west of Cedar
Avenue in line with the city's sidewalk.
3. The building setback be maintained at not less than 31 feet
from the property line along Cedar Avenue and not less than
18 feet along 18th Avenue.
4. The developer give the city the opportunity to remove as
many boulevard trees that could not be retained as part of
the overall site development.
5. The design for the 3 foot berm on 18th Avenue and
landscaping, sufficiently screening the parking ramp from
the residential neighborhood to the west, be submitted for
staff approval.
6. The developer submits documentation of agreements with the
property owners to the south of the site regarding
landscaping and screening.
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Council Meeting Minutes
-7- February 8, 1988
7. The developer be responsible for assuring the construction
of the driveway for the two family dwelling and new access
for the American Family Insurance building. The developer
would also be responsible for providing the landscaping and
planting along Cedar Avenue on the abutting American Family
site.
8. The parking spaces in front of the building along the west
side of Cedar Avenue be designated by the developer for
short term parking use only.
9. The loading and unloading area must be completely screened
from public view.
10. The detailed lighting plan for the site be submitted for
staff approval.
11. The detailed sign design plan be submitted far staff
approval.
12. The developer provide a cash escrow in an amount equivalent
to the amount of any exterior improvements that may not be
completed before the tenant occupies the building.
13. Any changes in the construction design of the plan be
approved by staff.
14. The development meet all building, fire and any other city
codes.
15. The mechanical equipment and the cooling tower be screened
from public view.
16. The existing spruce trees on 18th Avenue be maintained until
the exterior construction on the site is completed and the
new landscaping/screening is in place.
17. That covered handicapped parking be provided and layout
approved by staff.
18. All the stipulations be met prior to the occupancy permit.
Motion carried 5-0.
Item #7 PUBLIC HEARING AND SECOND READING OF AN AMENDMENT TO
THE ORDINANCE CODE RELATING TO GAMBLING. C.L. 41
City Manager Prosser reviewed Council Letter No. 41
regarding a proposed ordinance amendment to restrict the keeping,
possessing or permitting on any licensed premises, or in any room
adjoining the licensed premises, any slot machine, dice.
blackjack table, or video games of chance or any gambling device
which is capable of being used for unlawful gambling.
M/Quam, SlGarcia to close the public hearing.
Motion carried 5-0.
M/Kirsch, S/Sandahl that this constitute Second Reading of
Bi11 No. 1988-5, that it be published in the official newspaper
and that it be made part of these minutes. 4-
Council Meeting Minutes -8- February 8, 1988
Motion carried 5-0.
Items #8 PUBLIC HEARING OF AN AMENDMENT TO THE ORDINANCE CODE TO
PERMIT AGENTS OF THE INSPECTION DIVISION TO ISSUE
CITATIONS FOR CODE VIOLATIONS. C.L. ~2
City Manager Prosser reviewed Council Letter No. 42
regarding a proposed ordinance amendment to permit agents of the
Inspections Division to issue citations for code violations.
M/Quam, S/Kirsch to close the public hearing.
Motion carried 5-0.
M/Ludeman, S/Kirsch that this constitute Second Reading of
Bill No. 1988-6, that it be published in the official newspaper
and that it be made part of these minutes.
Motion carried 5-0.
Ite^ #9 PUBLIC HEARING TO CONSIDER AN ORDINANCE REGARDING THE
DEFINITION OF `FRONT YARD" IN COMMERCIAL ZONING
DISTRICTS. C.L. 43
City Manager Prosser reviewed Council Letter No. 43
recommending that the city council take testimony from the public _
and continue the public hearing to February 22 on the proposed
ordinance amendment relating to the definition of "front yard" in
commercial zoning districts.
Lawrence Wozniczka, 6744 Wentworth Avenue, spoke in
opposition to the proposed ordinance amendment stating concern
that it could be detrimental to adjacent residential districts.
M/Ludeman, S/Quam
Motion carried 5-0.
Council Meeting Minutes
-9- February 8, 1988
Items #10 PUBLIC HEARING ANO SECOND READING CONSIDERATION OF AN
ORDINANCE TO CLARIFY COUNCIL RESPONSIBILITIES IN
CONSIDERING VARIOUS ZONING MATTERS AND TO PROVIDE A
PROCESS TO REVOKE CONDITIONAL USE PERMITS. C.L. 4a
City Manager Prosser reviewed Council Letter No. 44
regarding a proposed ordinance amendment to clarify council
responsibilities in considering various zoning matters and to
provide a process to revoke conditional use permits.
M/Quam, S/Garcia to close the public hearing.
Motion carried 5-0.
M/Ludeman, S/Kirsch that this
Bill No. 1988-7. that it be oublis
of
Ite^ #11 FIRST READING OF A TRANSITORY ORDINANCE PROVIDING
FUNDING FOR CERTAIN CAPITAL IMPROVEMENTS FROM THE
SPECIAL REVENUE FUND. C.L. a5
City Manager Prosser reviewed Council Letter No. 45
regarding a transitory ordinance providing for the expenditure of
funds from the Special Revenue Fund for certain capital
improvements.
Community Services Director Fondrick reviewed the
expenditures for improvements to Veterans Memorial Park and park
land acquisition.
Administrative Services Director Devich reviewed the
expenditures for the Optech III-P voting system.
Council Member Ludeman stated his concern that the Special
Revenue Fund not be used for operating budget items.
M/Sandahl, S/Garcia that this constitute the First Reading
of this ordinance and that the Public Hearing and Second Readino
of the ordinance be scheduled for the March 14, 1988 city counci
meeting.,
Motion carried 5-0.
Motion carried 5-0. .
Council Meeting Minutes -10- February 8, 1988
Item #12 CONSIDERATION OF A RESOLUTION TO AMEND THE OFFSTREET
PARKING PERMIT AT AMERICAN FAMILY INSURANCE COMPANY,
6700 CEDAR AVENUE. C.L. 46
City Manager Prosser reviewed Council Letter No. 46
regarding a request by American Family Insurance Company,
property owner of 6700 Cedar Avenue, for approval of an amendment
to its offstreet parking permit agreement.
M/Kirsch, 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 N0. 7400
RESOLUTION APPROVING AN AMENDMENT
TO THE OFFSTREET PARKING PERMIT
IN ACCORDANCE WITH APPLICATION 88-1
FOR 6700 CEDAR AVENUE
Motion carried 5-0. This resolution appears as Resolution
No. 7400 in Resolution Book No. 56.
Item #13 CONSIDERATION OF A RESOLUTION APPROVING A MEMORANDUM
OF UNDERSTANDING BETWEEN THE CITY OF RICHFIELD AND
LOCAL 49 AMENDING THE MASTER CONTRACT RELATING TO MORK
SCHEDULES AT THE MATER PLANT. C.L. 47
City Manager Prosser reviewed Council Letter No. 47
regarding a Memorandum of Understanding between the City of
Richfield and the International Union of Operating Engineers,
Local 49, modifying certain provisions of the current Master
Labor Agreement.
M/Sandahl, 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. 7401
RESOLUTION APPROVING MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF RICHFIELD AND LOCAL 49 OF THE INTERNATIONAL UNION
OF OPERATING ENGINEERS AMENDING THE MASTER LABOR AGREEMENT
FOR THE YEARS 1988 AND 1989
Motion carried 5-0. This resolution appears as Resolution
No. 7401 in Resolution Book No. 56.
Council Meeting Minutes -11- February 8, 1988
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Item #14 CORRESPONDENCE/LEGISLATIVE REPORT
Mayor Quam reviewed a letter the city sent to Alan T.
McArtor, FAA Administrator, regarding airport noise and
operations proposals which may eliminate certain local input.
Mayor Quam reviewed a letter from Congressman Martin Sabo
regarding his position regarding airport noise abatement.
Mayor Quam stated he would be meeting with Commissioner
Levine and Senator Freeman regarding the issues of LRT and I35W.
Mayor Quam requested that City Manager Prosser contact
Minneapolis Council Member Cramer regarding the specifics of a
Minneapolis proposal for assistance in funding an Environmental
Impact Statement for the I35W LRT Corridor.
Item #15 COUNCIL DISCUSSION ITEMS
None
Ite^ #16 CLAIMS AND PAYROLLS
M/Sandahl, S/Ludeman that the following claims and payrolls
be approved: .
RICHFIELD STATE BANK
Checks 9614-9661; 94229-94497
FIRST WESTERN BANK
Checks 4151-4177
Checks 9718-9746, 12006-12344
Motion carried 5-0.
$ 716,512.88
$6,368,255.32
Payroll $ 290,696.59
Council Meeting Minutes
-12-
February 8, 1988
ADJOURNMENT
M/Kirsch, S/Sandahl that the meeting adiourn.
Motion carried 4-1. (Sandahl opposed)
The meeting was adjourned at 8:32 p.m. /~ ,
Date Approved:
2/22/88
even J.
ayor
1_~~~z~ f ~ T-~~
Thomas P. Ferber
City Clerk
a es D. Prosser
ty Manager
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