02-22-1988CITY OF RICHFIELD, MINNESOTA
REGULAR CITY COUNCIL MEETING
February 22, 1988
MEMBERS PRESENT: Steven Quam, Mayor; Edwina Garcia; Ivan
Ludeman; and Martin Kirsch.
STAFF PRESENT: James Prosser, City Manager; Steven Devich,
Administrative Services Director; Thomas P.
Ferber, City Clerk; Bruce Palmborg, Housing
& Redevelopment Coordinator; Byron Wallace,
Community Development Director; John Erskine,
Public Safety Director; Jean Mitchell,
Finance Manager; and John Dean, City
Attorney.
The meeting was called to order by Mayor Quam at 7:00 p.m.
PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE
Mayor Quam led the audience in the Pledge of Allegiance.
APPROVAL OF MINUTES
M/Ludeman, S/Garcia to approve the minutes of the r
City Council Meeting on Februarv 8. 1988.
Motion carried 4-0.
Item #1 OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL
ON ANY ITEM NOT LISTED ON THE AGENDA.
Ingemar Ozols, 201 West 73rd Street, asked for an
explanation of the property tax increase on his home.
City Manager Prosser reviewed the assessed valuation and
mill rate changes and asked Mr. Ozols to meet with Administrative
Services Director Devich to review his specific property.
Council Member Ludeman reviewed the impact of state
legislation on local and school taxing jurisdictions.
Council Meeting Minutes -2- February 22, 1988
Ite® #2 PRESENTATION OF CERTIFICATE OF ACHIEVEMENT FOR
EXCELLENCE IN FINANCIAL REPORTING AMARDED BY THE
GOVERNMENT FINANCE OFFICERS ASSOCIATION TO JEAN
MITCHELL, FINANCE MANAGER. C.L. 49
City Manager Prosser reviewed Council Letter No. 49
regarding the achievement of city staff in being awarded the
Certificate of Achievement for excellence in financial reporting
by the Government Finance Officers Association.
Mayor Quam read and presented the Certificate of Achievement
for excellence in financial reporting awarded by the Government
Finance Officers Association to Jean Mitchell, Finance Manager.
IteO #2A DESIGNATION OF THE MEEK OF FEBRUARY 21-27, 1988 AS
TAPAIRES MEEK IN THE CITY OF RICHFIELD.
Mayor Quam read a proclamation designating February 21-27,
1988 as Tapaires Week in the City of Richfield in recognition of
the Richfield High School Tapaires winning a national dance
competition.
Item #3 PROCLAMATION DESIGNATING MARCH 6-13, 1988 AS
VOLUNTEERS OF AMERICA MEEK IN RICHFIELD. C.L. 50
Mayor Quam read a proclamation designating March 6-13, 1988
as Volunteers of America Week in the City of Richfield in
recognition of the services they provide to the community.
Item #3A LETTER OF GRATITUDE FROM KENT THERKELSEN, 7326 2ND AVE.
REGARDING PUBLIC SAFETY EMERGENCY RESPONSE.
Mayor Quam read a letter from Kent Therkelsen, 7326 2nd
Avenue, thanking the Public Safety Department for their prompt,
professional response to a medical emergency at his home.
Council Meeting Minutes
-3- February 22, 1988
Item #A COUNCIL APPROVAL OF AGENDA
Lawrence Wozniczka, 6744 Wentworth Avenue, requested that
Consent Calendar Item 4~5A, Award of Contract for Pavement
Management Program, be removed from the Consent Calendar for
discussion.
Mayor Quam stated that the council would discuss this item
when considering the consent calendar.
M/Ludeman, S/Garcia to approve the agenda.
Motion carried 4-0.
Item #5 CONSENT CALENDAR
1
As requested by Mr. Wozniczka, Item 5A - Award of Contract
for Pavement Management Program, C.L. 51, was discussed.
Mayor Quam stated that the city council had previously
received and reviewed a report regarding the proposed pavement
management program.
City Manager Prosser reviewed Council Letter No. 51
regarding the award of contract far professional pavement
management services to Orr-Schelen-Mayeron and Associates,
Inc./Carter Associates in an amount not to exceed $36,200. City
Manager Prosser stated that city staff would provide a copy of
the report regarding the pavement management to any interested
citizens such as Mr. Wozniczka.
Council Member Ludeman stated that the pavement management
program was an important tool in protecting it's investment in
city streets.
A. APPROVED THE AWARD OF CONTRACT FOR PAVEMENT MANAGEMENT
PROGRAM. C.L. 51.
B. APPROVED PURCHASE IN EXCESS OF $5,000 FOR HYDRAULIC
HAMMER. C.L. 52.
C. APPROVED PURCHASE IN EXCESS OF $5,000 FOR REPLACEMENT
OF HIGH SERVICE PUMP 4~2. C.L. 53.
Council Meeting Minutes -4- February 22, 1988
D. APPROVED PURCHASE IN EXCESS OF $5,000 FOR PURCHASE OF
WELL ~~1 PUMP REPLACEMENT. C.L. 54.
E. APPROVED RENEWAL OF ON-SALE NON-INTOXICATING MALT
LIQUOR LICENSE FOR AIRPORT BOWL, 7711 14TH AVENUE.
C.L. 55.
F. APPROVED THE RENEWAL OF ON AND OFF-SALE NON-
INTOXICATING MALT LIQUOR LICENSE FOR FRENCHMAN'S, 1400
E. 66TH STREET. C.L. 56.
G. APPROVED RENEWAL OF ON-SALE NON-INTOXICATING MALT
LIQUOR LICENSE FOR GODFATHER'S PIZZA, 2 WEST 66TH
STREET. C.L. 57.
H. APPROVED RENEWAL OF ON-SALE NON-INTOXICATING MALT
LIQUOR LICENSE FOR LARIAT LANES, 6320 PENN AVENUE.
C.L. 58.
I. APPROVED RENEWAL OF ON AND OFF-SALE NON-INTOXICATING
MALT LIQUOR LICENSES FOR SANDY'S TAVERN, 6612 PENN
AVENUE. C.L. 59.
J. APPROVED THE FOLLOWING AMUSEMENT DEVICE RENEWALS
(VIDEO GAMES, ETC.):
AIRPORT BOWL, 7711 14TH AVENUE - 7 GAMES
ARNOLDS, 6519 1/2 NICOLLET - 1 GAME
BROADWAY PIZZA, 7514 NICOLLET AVENUE - 2 GAMES
CHI CHI'S, 7717 NICOLLET AVENUE - 6 GAMES
CHUCK E. CHEESE, 2900 W. 66TH STREET -
1 POOL, 7 MECHANICAL AMUSEMENT, 1 MUSIC BOX, 69
DAIRY QUEEN, 7533 LYNDALE - 2 GAMES
GODFATHER PIZZA, 2 WEST 66TH - 2 GAMES
GROUND ROUND, 1500 EAST 78TH STREET -
1 MUSIC BOX, 10 GAMES
KINDHO, 6345 PENN AVENUE - 1 GAME
K-MART, 6501 LYNDALE AVENUE - 2 KIDDIE RIDES
LARIAT LANES, 6320 PENN AVENUE- BILLIARD, BOWLING
RICHFIELD ICE ARENA - 1 GAME
SHAKEY'S PIZZA, 500 EAST 78TH STREET -
6 GAMES, 1 MUSIC BOX
SNYDERS DRUG, 6520 PILLSBURY - 2 GAMES
SPANKEY'S DINER, 6344 PENN AVENUE - 1 MUSIC BOX
M/Ludeman, S/Garcia to approve the consent calendar.
GAMES
LANES
1
Motion carried 4-0.
Council Meeting Minutes
-5- February 22, 1988
Item #6 PUBLIC HEARING AND CONSIDERATION OF A RESOLUTION
APPROVING THE ESTABLISHMENT OF A CEDAR AVENUE BUSINESS
AREA TAX INCREMENT ECONOMIC DEVELOPMENT DISTRICT AND
REDEVELOPMENT PROJECT.
City Manager Prosser reviewed Council Letter No. 60
regarding the establishment of the Cedar Avenue Business Area tax
increment financing economic development district and
redevelopment project.
Lawrence Wozniczka, 6744 Wentworth Avenue, asked for a
definition of the boundaries of the district.
City Manager Prosser stated the district consisted of the
site of the CDP project only and no other properties.
Mayor Quam asked City Attorney Dean to explain section 3.07
of the proposed resolution.
City Attorney Dean stated that this section states the
city's election to include the Cedar Avenue Business Area tax
increment district in the fiscal disparities contribution pool of
the city.
M/Ludeman, S/Kirsch to close the public hearing.
Motion carried 4-0.
M/Ludeman, S/Kirsch 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. 7402
RESOLUTION APPROVING THE CEDAR AVENUE BUSINESS AREA
REDEVELOPMENT PROJECT, ESTABLISHING OF A TAX INCREMENT
FINANCING ECONOMIC DEVELOPMENT DISTRICT LOCATED WITHIN
THE REDEVELOPMENT PROJECT; AND APPROVING THE REDEVELOPMENT
PLAN AND~TAX INCREMENT FINANCING PLAN RELATING THERETO
Motion carried 4-0. This resolution appears as Resolution
No. 7402 in Resolution Book No. 56.
Item #7 CONSIDERATION OF A RESOLUTION APPROVING A CONTRACT FOR
PRIVATE DEVELOPMENT MITH THE LINCOLN COMPANIES. C.L.61.
City Manager Prosser reviewed Council Letter No. 61
regarding the consideration of a contract for private
redevelopment with the Lincoln Companies.
Council Meeting Minutes -6- February 22, 1988
City Attorney Dean reviewed the relationship of the Lincoln
Companies and Jahn Malinski, President, Copy Duplicating
Products, Inc. regarding the developers agreement. He stated
that Mr. Malinski would have to specifically receive HRA
authorization prior to a transfer of interest in the property.
Mr. Dean then summarized several amendments to draft ~~6 of the
development contract which were reflected in draft 4~7 as
presented to the council at this meeting.
Mayor Quam stated that the amendments were made at the
direction of the HRA and approved by the 'HRA.
M/Ludeman, S/Garcia to close the public hearing.
Motion carried 4-0.
M/Kirsch, S/Garcia 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. 7403
RESOLUTION APPROVING THE CONTRACT FOR
PRIVATE REDEVELOPMENT WITH THE LINCOLN COMPANIES
Motion carried 4-0. This resolution appears as Resolution
No. 7403 in Resolution Book No. 56.
Council Member Garcia requested that the city monitor the
traffic on 67th Street between 18th Avenue and Cedar Avenue in
order to determine the impact of this development on neighborhood
traffic and to monitor the parking availability for the dental
office at 66th Street and 18th Avenue.
Items #8 PUBLIC HEARING AND SECOND READING OF AN ORDINANCE _
AMENDMENT RELATING TO THE DESIGNATION OF FIRE CHIEF.
C.L. 62
City Manager Prosser reviewed Council Letter No. 62
regarding a proposed ordinance amendment relating to the
designation of Fire Chief in the Public Safety Department.
M/Quam, S/Ludeman to close the public hearing.
Motion carried 4-0.
M/Ludeman, S/Kirsch that this constitute Second Reading of
Bill No. 1988-8, that it be published in the official newspaper
and that it be made part of these minutes.
Motion carried 4-0.
Council Meeting Minutes
-7- February 22, 1988
Items #9 PUBLIC HEARING TO RECONSIDER REQUEST FOR A SPECIAL USE
PERMIT TO OPERATE A CAR MASH AT 6601 PENN AVENUE.
C.L. 63.
City Manager Prosser reviewed Council Letter No. 63
recommending denial of a petition by Amoco Oil Company for
council reconsideration of the denial of a conditional use permit
for a car wash at 6601 Penn Avenue.
Jim Fillipe, North Star Engineering Consultants, Inc.
appeared representing Amoco Oil Company. He stated that the
applicant would return to the Planning Commission and council for
review of the new application if the revised information
regarding the noise standards is considered and if the timing is
not a problem.
City Attorney Dean stated that he is not aware of any time
regulation for conditional use reapplication. He stated that if
a rezoning application is denied, a new application for rezoning
the same site cannot be considered for one year.
Mr. Fillipe stated that the request for reconsideration
would be withdrawn at this time and applicant would proceed with
a new conditional use permit application.
M/Ludeman, S/Kirsch to close the public hearing.
Motion carried 4-0.
City Attorney Dean stated that because the applicant has
withdrawn the request for reconsideration of council denial of
the conditional use permit at 6601 Penn Avenue, no city council
action is necessary. The applicant can apply for a conditional
use permit for the revised plan. The Planning Commission and
Council would then consider the application.
City Manager Prosser stated that in response to comments
received from residents regarding the location of car washes
adjacent to residential properties, city staff will initiate an
appropriate amendment to the zoning ordinance. This amendment
would. provide some regulations of car washes adjacent to
residential properties. He suggested that both the conditional
use permit and the ordinance amendment be considered by the
Planning Commission at the same time.
Council Meeting Minutes
-8- February 22, 1988
Items #10 PUBLIC HEARING AND SECOND READING OF AN ORDINANCE
AMENDMENT TO DEFINE "FRONTYARD" IN A COMMERCIAL ZONING
DISTRICT. C.L. 64
City Manager Prosser reviewed Council Letter No. 64
recommending that the city council deny second reading of an
ordinance amendment related to the definition of "frontyard" in a
commercial zoning district.
Council Member Ludeman asked if this amendment would apply
to the CDP project.
City Manager Prosser stated that the CDP project was
approved as a Planned Unit Development (PUD), therefore it did
not apply in this case.
Mayor Quam stated that discussion of this ordinance
amendment was initiated by review of the CDP development. Mayor
Quam stated support for further examination of this issue and
it's impact on development in the city.
M/Kirsch, S/Garcia to close the public hearing.
Motion carried 4-0.
M/Kirsch, S/Ludeman to deny second reading of an amendment
to the zoning ordinance regardina the definition of front yard in
commercial zoning districts.
Motion carried 4-0.
Items #11 FIRST READING OF AN AMENDMENT TO THE SIGN ORDINANCE.
C.L. 65.
City Manager Prosser reviewed Council Letter No. 65
regarding a proposed ordinance amendment to allow four permits
per year for temporary banners, wind devices, promotional
devices, and fixed temporary ground signs instead of three times
a year.
Council Member Ludeman stated concern regarding the impact
of the sign ordinance regulations prohibiting signs to project
over the right-of-way. He suggested that further study of the
number and location of such signs may be needed.
City Attorney Dean reviewed the amortization periods allowed
by the sign ordinance for nonconforming signs.
Council Meeting Minutes
-9- February 22, 1988
City Manager Prosser stated the sign ordinance had been
reviewed by the Chamber of Commerce and sign installers prior to
adoption for input regarding the impact.
Community Development Director Wallace reviewed the
amendment to sign height requirements above sidewalks which had
been adjusted at the request of sign installers.
City Manager Prosser reviewed sign ordinance enforcement
issues.
Council Member Ludeman stated support for the ordinance
amendment to allow temporary signs four times per year.
M/Kirsch, S/Ludeman that this constitute the First Reading
of this ordinance and that the Public Hearing and Second Readin
or the ordinance oe scheduled for the March 14. 1988 city council
meeting.
Motion carried 4-0.
Item #12 CONSIDERATION OF A RESOLUTION TO APPROVE AN OFF-STREET
PARKING PERMIT AT 1720 EAST 66TH STREET. C.L. 66
City Manager Prosser reviewed Council Letter No. 66
recommending denial of a request to approve an amendment to the
off-street parking .permit at 1720 East 66th Street.
Mayor Quam reviewed the alternative staff recommendation far
a parking layout at 1720 East 66th Street.
Wallace Roholt, 1720 East 66th Street, reviewed his plans
for the property. Mr. Roholt stated that the additional parking
in the front yard was necessary for the success of the doll
museum business. He stated his desire to construct the front
parking area as stipulated on January 26, 1987 when the original
off-street parking permit was approved. A petition was submitted
by Mr. Roholt (Clerks File No. C-292) in support of the amended
off-street parking permit for 1720 East 66th Street.
Jean Rand, 1714 East 66th Street, stated that Mr. Roholt had
agreed to the following stipulation at the January 26, 1987
council meeting: "The front parking area should only be
constructed if it is determined by the city that a parking
problem exists on the site or if the usage changes." Ms. Rand
stated that no parking problem now exists on-the site. She
presented a petition with 20 signatures opposing the amending of
the off-street parking permit (Clerks File No. C-293).
Council Member Garcia asked Mr. Roholt if he had agreed to
the stipulations.
Council Meeting Minutes -10- February 22, 1988
Mr. Roholt stated the stipulations had caught him off guard
in January, 1987.
Council Member Ludeman stated it was clear in 1987 that the
expansion of parking would only be considered if the city
determined it was necessary or if the usage changed. He stated
neither condition has been met.
Mayor Quam asked what precipitated the request at this time
since the business has not started to operate yet.
Mr. Roholt stated it was his intent to make this his
retirement home and the parking was necessary to operate the
business successfully.
Council Member Garcia stated that the business could be
started with the existing rear parking. If additional parking
became necessary, Mr. Roholt could request the amendment to the
off-street parking contract.
Mayor Quam stated that the council must balance the risks of
Mr. Roholt anal the community. He stated that a denial at this
time leaves open the ability of the city to assist the business
in the future if it is successful.
M/Ludeman, S/Quam to deny the request to amend the off-
street parking permit at 1720 East 66th Street until the city
determines that there is a need for additional parking and
applicant reports back to the council.
Motion carried 4-0.
Item #13 CONSIDERATION OF AMENDMENTS TO LEASE AGREEMENT MITW
MALSER BUICK FOR THE RENTAL OF CERTAIN CITY OMNED
PROPERTY. C.L. 67
City Manager Prosser reviewed Council Letter No. 67
regarding two amendments to the lease agreement with Walser
Corporation for the rental of property adjacent to 78th Street.
Council Member Ludeman asked how the rental of $5,500 had
been determined.
City Manager Prosser stated the city assessor had made a
fair market value estimate of the property.
Council Member Ludeman stated this rental agreement was made
as a result of Walser's remodeling and further development of the
site.
Council Meeting Minutes
M/Kirsch, S/Garcia to a
-11- February 22, 1988
Ite® #14 CORRESPONDENCE/LEGISLATIVE REPORT
None.
Item #15 COUNCIL DISCUSSION ITEMS
Council Member Garcia stated that the city has received a
limited number of copies of the Environmental Impact Assessment
(E.I.A.) for the proposed extension of~airport runway 4-22. She
added that citizens may also contact Nigel Finney of the
Metropolitan Airport Commission to obtain copies. Council Member
Garcia stated the City is currently reviewing the E.I.A. and will
conduct public hearings in the near future on the E.I.A.
City Manager Prosser stated that a copy will also be made
available at the Augsburg Park Community Library.
Item #16 CLAIMS AND PAYROLLS
M/Ludeman, S/Garcia that the following claims and payrolls
be approved:
RICHFIELD STATE BANK
Checks 9662-9714; 94611-94890
$659,252.96
FIRST WESTERN BANK
Checks 4178-4200
Checks 9747-9782; 12350-12691
$466,585.70
Payroll $291,968.28
Motion carried 4-0.
Motion carried 4-0.
Councii Meeting Minutes -12- February 22, 1988
ADJOURNMENT
M/Kirsch, S/Ludeman that the meeting adiourn.
Motion carried 4-0.
The meeting was adjourned at 8:45 p
Date Approved: 3/14/88
~~, -
Thomas P. Ferber
City Cierk
~1
~I
L~
J me D. Prosser
C ty Manager