03-14-1988CITY OF RICHFIELD, MINNESOTA
REGULAR CITY COUNCIL MEETING
March 14, 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; Donald 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 7:00 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 a
Council/Richfield School Boar
-regular City Council Meeting
City Council Meeting on March
Session on March 7. 1988.
pprove the minutes of the City
d Meeting on February 16, 1988
on February 22, 1988; the spec
7, 1988; and the City Council
h
Motion carried 5-0.
Item #1 OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL
ON ANY ITEM NOT LISTED ON THE AGENDA.
John Hamilton, 7220 Harriet Avenue, President of the
Richfield Chamber of Commerce, read a letter stating that the
Board of Directors of the Richfield Chamber of Commerce is
opposed to light rail transit on the Soo Line but unanimously
supports the I35W LRT Corridor option. He stated that the
Chamber is also reviewing the runway 4-22 extension issue but has
not taken a position yet. He stated the Chamber's desire to
interact with the City and receive information from the city
regarding community issues.
Council Meeting Minutes -2- March 14, 1988
Mayor Quam commended the Chamber of Commerce for it's active
participation in the community and the city's desire to continue
communication with the chamber.
Mayor Quam announced that the Hennepin County Regional
Railroad Authority has scheduled a hearing regarding light rail
transit on Wednesday, March 16th, at 7:00 p.m. at Richfield High
School, 7001 Harriet Avenue.
Lawrence Wozniczka, 6744 Wentworth Avenue, stated his
concern regarding council approval of the expenditure of $36,000
for a Pavement Management Program and it's impact on the
maintenance of streets.
City Manager Prosser reviewed the Pavement Management
Program and the purpose of the program.
Mr. Wozniczka questioned whether load limits are being
enforced to protect city streets from damage.
City Manager Prosser reviewed the city's efforts in load
limit enforcement.
Mayor Quam stated that he had initiated a coalition with
Lakeville Mayor Duane Zaun, Burnsville Mayor Daniel McElroy,
Bloomington Mayor Kurt Laughinghouse, Minneapolis Mayor Don
Fraser and Minneapolis Council Members Brian Coyle and Steve
Cramer to pursue the acceleration of planning and funding for
I35W improvements to help alleviate the uncertainty for
residentsad~acent to I35W..
City Manager Prosser read a statement (Clerks File C-294)
regarding the charges filed in Scott County against Jon M.
Maiinski and Copy Duplicating Products for improper disposal of
hazardous waste.
Council Member Ludeman stated that the City Council had not
taken action regarding a formal position on the LRT corridor
selection and requested consideration of this issue be placed on
the agenda.
Item #2 COUNCIL APPROVAL OF AGENDA
Mayor Quam stated that consideration of a resolution
regarding the city council's position on a light rail transit
corridor would be placed on the agenda as Item 4~12A.
M/Sandahl, S/Ludeman to approve the agenda as amended.
Motion carried 5-0.
Council Meeting Minutes
Item #3 CONSENT CALENDAR
-3-
March 14, 1988
A. APPROVED THE MINUTES AND AWARD OF BID FOR PURCHASE OF
BRUSH CHIPPER IN EXCESS OF $5,000. C.L. 68
B. APPROVED PURCHASE OF LIME CONVEYOR FOR THE WATER PLANT
IN EXCESS OF $5,000. C.L. 69
C. APPROVED THE PURCHASE IN EXCESS OF $5,000 FOR FIREWORKS
FOR FOURTH OF JULY CELEBRATION. C.L. 70
D. APPROVED THE PURCHASE IN EXCESS OF $5,000 FOR REPAIRS
TO FIRE VEHICLE. C.L. 71
E. APPROVED RESOLUTION APPROVING AN ADDENDUM TO JOINT
POWERS AGREEMENT - SOUTH SUBURBAN ADAPTIVE RECREATION
BOARD. C.L. 72
RESOLUTION N0. 7404
1
RESOLUTION AUTHORIZING EXECUTION OF
ADDENDUM TO JOINT POWERS AGREEMENT -
SOUTH SUBURBAN ADAPTIVE RECREATION BOARD
F. APPROVED THE MINUTES ANO AWARD OF CONTRACT FOR REMOVAL
OF DISEASED TREES. C.L. 73
G. APPROVED RENEWAL OF WAGON PEDDLER LICENSE FOR BLUE BELL
ICE CREAM.
H. APPROVED APPLICATION FOR KENNEL LICENSE, 6733 PARK
AVENUE, 3 DOGS.
I. APPROVED THE RENEWAL OF MOTOR VEHICLE DEALERS LICENSES:
MORROW AUTO SPECIALTY, 6445 CEDAR AVENUE; WALLY
MCCARTHY OLDS, 1900 WEST 78TH STREET; WALSER BUICK,
2100 WEST 78TH STREET; RICHFIELD BLOOMINGTON HONDA, 400
WEST 78TH STREET.
J. APPROVED REQUEST FOR FEE WAIVED LICENSE FOR ITINERANT
AMUSEMENT BY MINNESOTA WOMEN OF TODAY FOR EASTER EGG
HUNT AT COMMUNITY CENTER 3/26.
M/Ludeman, S/Sandahl to approve the consent calendar.
Motion carried 5-0.
Council Meeting Minutes -4- March 14, 1988
Item #4 PUBLIC HEARING TO CONSIDER REQUEST FOR CONDITIONAL USE
PERMIT FOR OPERATION OF A DAY CARE FACILITY AT 7001
ELLIOT AVENUE. C.L. 74
City Manager Prosser reviewed Council Letter No. 74
regarding a request by the Building Block Child Care for approval
of a conditional use permit to allow the operation of a. day care
facility for 102 children at 7001 Elliot Avenue.
Lorrie DeGidio, 7020 Elliot
regarding safety and the traffic
facility.
City Manager Prosser stated
that the traffic would increase
use.
Avenue, stated concerns
generated by the day care
that it was the staffs opinion
marginally as a result of this
Council Member Ludeman suggested that the applicant
periodically contact the clients of the day care center to inform
them of traffic concerns and to encourage them to use the 70th
Street entrance.
Council Member Sandahl stated that the building is used by
other groups and that they should also be made aware of the
traffic concerns.
M/Ludeman, S/Garcia to close the public hearing.
- Motion carried 5-0.
M/Ludeman, S/Sandahl to approve a conditional use permit to
allow the Building Block Child Care program to operate a day care
facility for 102 children at the Elliot Elementary School, 7001
Elliot Avenue, with the stipulation that the operation meet all
building and fire codes.
Motion carried 5-0.
Iteo #5 PUBLIC HEARING TO CONSIDER REQUEST FOR CONDITIONAL USE
PERMIT TO PERMIT CONSTRUCTION OF A SIX BAY AUTO REPAIR
FACILITY AT 6645 PENN AVENUE. C.L. 75
City Manager Prosser reviewed Council Letter No. 75
regarding a request by Paul Oberstar for a conditional use permit
to allow the construction of a 6 bay Car-X Muffler and Brakes
facility at 6645 Senn Avenue.
Council Meeting Minutes -5- March 14, 1988
Council discussion followed regarding parking guidelines for
this type of business and adequacy of parking on the site.
Paul Oberstar, owner of 6645 Penn Avenue, stated that the
nature of the business consisted of repairs which generally take
one hour while the customer waits. He stated the 6 bays plus the
on-site parking would be sufficient because customers would go
elsewhere if there is a long wait. He reviewed the site plan and
stated that the facility would operate from 7:30 a.m. - 5:00 p.m.
Council Member Ludeman asked if the facility could be built
with S rather than 6 bays and expressed concern that if~the
business grew, on-street parking may occur.
Mr. Oberstar stated that the cost of the site dictated 6
bays to make the project economically feasible. He stated that
he did not anticipate the need for on-street parking.
Council Member Garcia asked if the neighborhood had
expressed concerns regarding the proposed project and stated that
the city must anticipate and address potential problems.
Mr. Oberstar stated that one neighbor had expressed
opposition to the project at the Planning Commission hearing.
Council Member Kirsch stated that several previous proposals
to develop this site had failed and that this proposal appeared
to be a good use of the site with adequate buffering for adjacent
properties.
Mayor Quam asked if granting this conditional use permit
would allow a similar business to succeed it.
City Attorney Dean stated this conditional use permit is for
a public garage and reviewed the uses allowed under this
definition which could succeed this. He stated the council may
wish to stipulate that this particular conditional use permit is
only for the purpose of the specific use proposed and that the
council could reserve the opportunity to consider the
establishment of another use should this particular one cease.
Mayor Quam stated this is an important issue because another
use may create parking problems.
Council Member Kirsch stated that the stipulation discussed
by the city attorney will be added to his motion to approve the
conditional use permit.
M/Ludeman, S/Sandahl to close the public hearing.
Motion carried 5-0.
Council Meeting Minutes -6- March 14, 1988
M/Kirsch, S/Garcia to a rove a conditional use ermit for a
ix_ bay auto repair (Car-X Muffler and Brakes facility at 6645
enn Avenue South with the following stipulations:
1. The new plantings in the landscaped area be approved by
staff.
2. An irrigation system be provided in the landscaped area.
3. The proposed structure meet building and fire codes.
4. The screening of the subject property from the abutting
residential property to the east and maintenance of the
buffer be the responsibility of the property owner.
Replacement of the existing screening when necessary be
reviewed and approved by staff.
5. The stipulations be met before the issuance of an occupancy
permit.
6. This particular conditional use permit is only for the
purpose of the specific use proposed and should the
applicant or any successor in interest to the property
desire to change the use to any other use than the specific
use herein permitted (which other use requires a
conditional use permit), then the applicant or successor
shall be required to apply for and obtain a new conditional
use permit to permit such other use.
Motion carried 5-0.
Itea #6 PUBLIC HEARING AND SECOND READING OF AN ORDINANCE
AMENDMENT RELATING TO THE CITY SIGN REGULATIONS.
C.L. 76
City Manager Prosser reviewed Council Letter No. 76
regarding a proposed ordinance amendment to the city sign
regulations.
M/Quam, S/Garcia to close the public hearing.
Motion carried 5-0.
M/Ludeman, S/Kirsch that this constitute :second Reading of
Bill No. 1988-9, ghat it be published in the official news aper
and that it be made part of these minutes.
Motion carried 5-0.
Council Meeting Minutes -7- March 14, 1988
Item #7 PUBLIC HEARING TO CONSIDER ADOPTION OF TRANSITORY
ORDINANCE PROVIDING FUNDING FOR CERTAIN CAPITAL
IMPROVEMENTS FROM THE SPECIAL REVENUE FUND. C.L. 77
City Manager Prosser reviewed Council Letter No. 77
regarding an ordinance to provide funding for certain capital
improvements from the Special Revenue Fund.
Council Member Ludeman stated that because a review of the
Veteran's Memorial Park Plan he had requested has-not been
completed, he would not support this ordinance which provides
funding for improvements at this park. He stated that the
capital costs of the project, it's impact on funding for other
parks, and the costs of maintaining such a mayor park are issues
that need to be addressed.
City Manager Prosser stated that the funding provided by
this ordinance for Veteran's Memorial Park are for completion of
the first phase pathway. He stated that the Community Services
Commission is reviewing the policy issues that Council Member
Ludeman has raised. He stated that a Joint City
Council/Community Services Commission will be scheduled in the
near future for discussion of Veterans Memorial Park.
M/Sandahl, S/Kirsch to close the public hearing.
Motion carried 5-0.
M/Sandahl, S/Garcia that this constitute Second Reading of
Bill No. 1988-10, Transitory Ordinance No. 17.33, that it be
published in the official newspaper and that it be made part of
these minutes.
Motion carried 4-1. (Ludeman opposed)
Item #8 PUBLIC HEARING TO CONSIDER RECOMMENDATIONS FOR
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR YEAR XIV.
C.L. 78
City Manager Prosser reviewed Council Letter No. 78
regarding the proposed use of the Year XIV Urban Hennepin County
Community Development Block Grant Program allocation of $165,274.
Council Member Ludeman stated that the H.O.M.E. Program had
lost a $25,000 Metropolitan Council grant and suggested that the
City provide an additional $2,000 over the recommended $11,100
allocation to help offset this grant loss.
Council Meeting Minutes -8- March 14, 1988
Don Hauge, H.O.M.E. Maintenance Coordinator, reviewed the
services provided by H.O.M.E. and funding needs.
City Manager Prosser reviewed the philosophy used in the
proposed allocation of C.0.B.G. funds.
Council Member Ludeman suggested decreasing the allocations
to housing rehabilitation and economic development by $1,000 each
to provide an additional $2,000 for H.O.M.E.
City Manager Prosser stated that it would be preferable to
decrease the allocation for housing rehabilitation by $2,000 and
retain the proposed allocation for economic development.
M/Quam, S/Ludeman to close the public hearing.
Motion carried 5-0.
M/Ludeman, S/Sandahl to a
a) Housing Rehabilitation - $57,174
b) Scattered Site Acquisition - $65,000
2. Public Service: $ 33,100
a) H.O.M.E. - $13,100
b) Day Care - $2D,000
3. Economic Development: $ 10,000
a) Redevelopment Planning - $10,000
165,274
Motion carried 5-0.
Item #9 CONSIDERATION OF A RESOLUTION APPROVING THE
ESTABLISHMENT OF A SPECIAL ASSESSMENT DISTRICT FOR
MAINTENANCE IN THE ILN AREA, AND SETTING A DATE FOR THE
PUBLIC HEARING. C.L. 79
City Manager Prosser reviewed Council Letter No. 79
regarding the scheduling of a public hearing for the purpose of
considering the establishment of a special assessment district
for maintenance services within the Interstate/Lyndale/Nicollet
Project Area. -
1. Housing: $122,174
Council Meeting Minutes -9- March 14, 1988
t the follow
n the resolu
RESOLUTION N0. 7405
t i
RESOLUTION FOR HEARING ON PROPOSED MAINTENANCE ASSESSMENT
IN THE INTERSTATE/LYNDALE/NICOLLET MAINTENANCE AREA
C.P. 842
M/Kirsch, S/Sandahl th
adopted; that it be spread
made part of these minutes:
Motion carried 5-0. This resolution appears as Resolution
No. 7405 in Resolution Book No. 56.
Items #10 CONSIDERATION OF A RESOLUTION SUPPORTING THE CONCEPT OF
MINNEAPOLIS-ST. PAUL HOSTING THE 1996 SUMMER OLYMPICS.
C.L. 80
Mayor Quam reviewed Council Letter No. 80 regarding city
council support for the concept of Minneapolis-St. Paul hosting
the 1996 Summer Olympics.
M/Ludeman, 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. 7406
RESOLUTION SUPPORTING THE CONCEPT OF MINNEAPOLIS-ST. PAUL HOSTING
THE 1996 SUMMER OLYMPICS
Motion carried 5-0. This resolution appears as Resolution
No. 7406 in Resolution Book No. 56.
Item #11 CONSIDERATION OF APPOINTMENTS TO THE HUMAN RIGHTS
COMMISSION AND THE SISTER CITY INTERNATIONAL COMMITTEE.
C.L. 81
Council Member Garcia stated that the council had
interviewed candidates for these commission openings.
Council Meeting Minutes -10- March 14, 1988
M/Garcia, S/Kirsch to ap prove the following appointments:
Sister City International Committee:
Donna Morgan
Garnet Kirshner
Human Rights Commission:
Oaphne Gopaul
Motion carried 5-0.
Term expires January 31, 1991
Term expires January 31, 1989
Term expires January 31, 1989
Item #12 CORRESPONDENCE/LEGISLATIVE REPORT
None
Item #12A CONSIDERATION OF A RESOLUTION REGARDING CITY COUNCIL
POSITION STATEMENT ON LIGHT RAIL TRANSIT.
Council Member Ludeman stated that the council has discussed
the LRT issue but has not yet passed a formal resolution
regarding it's opposition to the Soo Line corridor and support of
the I35W corridor. He suggested a resolution be drafted for this
purpose.
Mayor Quam suggested that he will draft with city staff a
_ resolution that expresses support for light rail transit, but
only within the right-of-way of I35W. He stated this position
would address regional transportation needs while also addressing
neighborhood issues.
Council Member Sandahl suggested that the council vote to
pass the resolution to be drafted by Mayor Quam and city staff.
M/Ludeman, S/Kirsch to direct and authorise the Mayor and
City Manager to prepare a resolution stating the council's
support for light rail transit within the I35W right-of-wa and;
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. 7407
RESOLUTION SUPPORTING THE CONSTRUCTION
OF LIGHT RAIL TRANSIT ALONG
I35W RIGHT-OF-WAY
Motion carried 5-0. This resolution appears as Resolution
No. 7407 in Resolution Book No. 56.
Council Meeting Minutes
3t~eo--#13 COUNCIL D~ISCUSSI ~NiS
-11-
March 14, 1988
Council Member Garcia announced that an informational
meeting about the proposed extension of runway 4-22 is scheduled
for Wednesday, March 23, 7:30 p.m. at the Richfield Community
Center, 7000 Nicollet Avenue.
Item #14 CLAIMS AND PAYROLLS
M/Ludeman, S/Garcia that the following claims and payrolls
be approved:
RICHFIELD STATE BANK
Checks 9702-9803; 94894-95219
FIRST MINNESOTA
Check 1068
FIRST WESTERN BANK
Checks 4201-4235
Checks 9783-9800, 11852-11865,
12697-13027 Payroll
Motion carried 5-0.
$ 734,659.20
$ 25,000.00
$1,129,136.10
$ 281,596.89
ADJOURNMENT
M/Kirsch, S/Sandahl that the meeting adjourn.
Motion carried 5-0.
The meeting was adjourned at 8:40 p.m.
Date Approved: 3/28/88
~~~~~~
Thomas P. Ferber
City Clerk
~~ .v " . ~{'""
even J. Q Mayor
am s D. Prosser
y Manager