05-09-1988CITY OF RICHFIELD, MINNESOTA
REGULAR CITY COUNCIL MEETING
May 9, 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 7:01 p.m.
PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE
Mayor Quam led the audience in the Pledge of Allegiance.
APPROVAL OF MINUTES
Mayor Quam requested the minutes of April 25, 1988 be
amended on page 3, Item ~~5 to reflect a second of the motion by
-Council Member Ludeman.
M/Ludeman, S/Garcia to approve the minutes of April 25, 1988
as amended.
Motion carried 5-0.
Item #1 PRESENTATION OF PUBLIC SAFETY OUTSTANDING CITIZEN
AMARDS. C.L. 116
Public Safety Director Erskine reviewed Council Letter No.
116 regarding the assistance of citizens David Fitzenberger,
Patrick Butler, Samuel Hankins, and Therese Hackenmueller in
helping an assault victim and capturing the suspect. Mr. Erskine
stated Mr. Hankins was not able to attend tonight's meeting but
that his award would be forwarded to him at Chanute Air Force
Base.
Council Meeting Minutes -2- May 9, 1988
Mayor Quam presented Richfield Outstanding Citizen Awards to
David Fitzenberger, Patrick Butler, and Therese Hackenmueller.
Item #2 PRESENTATION RECOGNIZING FIRE DIVISION CAPTAIN MARV
IVERSON. C.L. 117
Mayor Quam stated that Marv Iverson was unable to attend
this meeting, therefore the presentation would be deferred to May
23.
Item #3 PROCLAMATION DESIGNATING MAY 8-14, 1988 AS SMALL
BUSINESS MEEK IN RICHFIELD. C.L. 118
Mayor Quam read and presented a proclamation designating May
8-14, 1988 as Small Business Week in Richfield to Richfield
Chamber of Commerce representative Pat Rickert.
Item #4 OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL
ON ANY ITEM NOT LISTED ON THE AGENDA.
No one wished to address the council.
Item #5 COUNCIL APPROVAL OF AGENDA
a
M/Sandahl, S/Garcia to approve the agenda.
Motion carried 5-0.
Item #6 CONSENT CALENDAR
A. APPROVED RESOLUTION INCREASING THE MSA FOR LONGFELLOW
AVENUE PROJECT $2,000. C.L. 119
RESOLUTION N0. 7415
RESOLUTION APPROPRIATING ADDITIONAL MUNICIPAL STATE AID
CONSTRUCTION FUNDS TO S.A.P. 157-010-01,
RECONSTRUCTION OF LONGFELLOW AVENUE FRONTAGE ROAD
Council Meeting Minutes -3- May 9, 1988
B. APPROVED PURCHASE IN EXCESS OF $5,000 FOR PORTABLE
GENERATOR. C.L. 120
C. APPROVED PURCHASE IN EXCESS OF $5,000 FOR RENTAL OF
MILLING MACHINE FOR STREET MAINTENANCE PROGRAM. C.L.121
D. APPROVED REQUEST FOR FEE WAIVED CALLIO PE LICENSE FOR
RYES ROCK-A-THON FUN D RAISER FOR HOME SERVICE PROGRAM
MAY 16.
M/Sandahl, S/Ludeman to approve the consent calendar.
Motion carried 5-0.
Item #7 CONSIDERATION OF A REQUEST FOR A SPECIAL USE PERMIT FOR
CHILD CARE, ST. RICHARDS. C.L. 122
City Manager Prosser reviewed Council Letter No. 122
regarding a request for a conditional use permit for a day care
center at the St. Richard's Elementary School and Church, 7540
Penn Avenue South.
Sue Dunkley, New Horizon Child Care Centers, Inc, spoke in
support of the conditional use permit.
Council Member Sandahl reviewed proposed Human Services
Department rules which would require the division of children by
age in day care facilities and it's potential negative impact on
•day care providers.
Council Member Ludeman stated concern about these proposed
=rules and suggested the council take a position in opposition to
them.
Jim Doody, 7545 Sheridan Avenue South, stated that the legal
description of the property in the hearing notice erronerously
included his parcel.
City Attorney Dean noted that the hearing notice included
the correct address, 7540 Penn Avenue and name, St. Richard's
Elementary School and Church. He stated the notice was adequate,
but that staff should correct the legal description for the
conditional use permit.
M/Sandahl, S/Kirsch to close the public hearing.
Motion carried 5-0.
Council Meeting Minutes -4- May 9, 1988
M/Sandahl, S/Ludeman that city staff correct the legal
description of the property proposed for the conditional use
permit and to approve the conditional use permit to allow New
Horizon Child Care Centers Inc. to o erate a da care center for
62 children at St. Richard's E ementary School and Church
buildin located at 7540 Penn Avenue South rovided that the
aci tv meet he building an ire codes.
Motion carried 5-0.
Mayor Quam requested that consideration of a resolution in
opposition to the proposed Human Services day care rules be
placed on the next city council agenda. He also requested that
Sue Dunkley provide further information to the City regarding
this issue.
Item #8 CONSIDERATION OF A REQUEST FOR A SPECIAL USE PERMIT FOR
CHILD CARE, ST. PETERS. C.L. 123
City Manager Prosser reviewed Council Letter No. 123
regarding a request for a conditional use permit for a Montesoori
School and day care center at St. Peter's Church, 6720 Nicollet
Avenue South.
Bernadette Mallawaaratchy, the applicant, spoke in support
of the conditional use permit.
M/Ludeman, S/Kirsch to close the public hearing. _
Motion carried 5-0.
M/Garcia, S/Sandahl to a rove the conditional use ermit to
allow the Montessori School and latch ke da care cen er ro ram
or 40 children at St. Peter's Church 6720 Nico let Avenue
South, provided that the ac lity meet the bu lding and ire
codes.
Motion carried 5-0.
Item #9 CONSIDERATION OF A REQUEST FOR A SPECIAL USE PERMIT FOR
CHILD CARE, 6436 PENN AVENUE. C. L. 12a
City Manager Prosser reviewed Council Letter No. 124
recommending denial of a conditional use permit for a day care
facility at 6436 Penn Avenue South.
Council Member Kirsch questioned the proximity of the site
to the liquor store.
Council Meeting Minutes -5- May 9, 1988
City Attorney Dean reviewed the statute and ordinance
provisions regulating the placement of liquor establishments
within 300 feet of specified uses such as schools. He stated
there are no regulations controlling the location of a day care
center in relation to an existing liquor establishment.
Council Member Ludeman stated that the site was not
appropriate for a day care facility. He stated the did not have
outdoor recreation space and was a considerable distance from
playground .facilities. He stated the applicant had not contacted
Sheridan Hills School regarding the use of it's playground.
Mayor Quam stated concerns regarding the safety of children
at the site and the inadequacy of parking spaces for the
facility.
Council Member Kirsch stated concern regarding emergency
vehicle access to the building and safety issues related to the
site.
Council Member Garcia stated there is a need for day care "-
facilities in Richfield, but that this site is not appropriate
because of the safety issues.
M/Ludeman, S/Sandahl to close the public hearing.
Motion carried 5-0.
M/Ludeman, S/Kirsch to deny the conditional use permit for a _
• day care facility at 6436 Penn Avenue South based upon the
following concerns:
-Safety concerns created by the heavy traffic flow on Penn
Avenue.
-Lack of adequate parking.
-Lack of safe drop off site.
-Lack of adequate driving aisle width.
-Lack of onsite recreational facilities and the adjacent
land uses.
Motion carried 5-0.
Council Meeting Minutes -6- May 9, 1988
Item #10 REQUEST FOR AMENDMENT TO CONDITIONAL USE PERMIT AT
6601 PENN AVENUE TO CONSTRUCT AN ADDITION TO SERVICE
STORE AND ADD A CAR WASH FACILITY. C.L. 125
~~~
City Manager Prosser reviewed Council Letter No. 125
regarding a request by Amoco Oil Company for an amendment to the
conditional use permit at 6601 Penn Avenue South to allow the
construction of an addition and automatic car wash facility.
Jim Phillipe, North Star Engineering, representing Amoco
0~.1, reviewed the site plan. He stated a mechanical drying
system would not meet the requirements of the Richfield noise -
ordinance. He proposed a trench drain system to be located near
the 66th Street exit and a longer cycle time to alleviate water
drainage problems. He stated concern about the hour restrictions
in stipulation No. 6.
Discussion followed regarding safety issues for pedestrians
and vehicles which could arise from the formation of ice on the
sidewalk, driveway, and street as a result of the carwash. City
Manager Prosser stated that the trench drain would not solve this
problem.
Randy Rasmussen, 6608 Oliver Avenue South, stated concerns
regarding the operation of the car wash and support for an eight
foot fence on the residents side.
City Attorney Dean reviewed the issues related to the fence
height and the grade difference"of the properties.
Donald Kain, 6612 Oliver Avenue South, stated concerns about
noise and odors from the Amoco site.
Kyle Schattschneider, 6606 Oliver Avenue South stated
concerns about noise and stated support for a taller fence and
shrubbery to absorb noise.
Discussion followed regarding noise from the speaker system
at the Amoco station. City Attorney Dean indicated that a
stipulation regarding the speaker system may be included as part
of the proposed conditional use permit amendment.
Mr. Phillipe indicated music would not be played but that
the system is required by state law. He suggested residents
contact Amoco at 831-3464 if they have concerns about the
operation.
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Council Meeting Minutes -7- May 9, 1988
M/Sandahl to approve the conditional use permit amendment
for 6601 Penn Avenue subject to the 9 stipulations contained in
Council Letter No. 125 and the following additional stipulations:
10. That the applicant meet with staff to develop a plan to
control unnecessary noise.
11. That the applicant implement this plan and control
unnecessary noise on the site.
Motion failed for lack of a second.
Council Member Sandahl stated it was a better course of
action to approve the amendment with the stipulations to address
the noise issue and stated that the ice build up problem could be
' resolved.
Mayor Quam stated concerns about the safety and liability
issues the ice would create and concerns about the noise. He
stated the applicant had not proposed a satisfactory method to
address the ice buildup.
Council Member Ludeman stated his concurrence regarding the
safety issue. He suggested that the speaker noise could be
controlled through an ordinance amendment.
Council Member Garcia stated that the ice problems
encountered at the car wash at 78th Street and 12th Avenue
demonstrates the potential for the same problems at this site.
Jim Phillipe stated his willingness to work with city staff
to resolve these issues. He stated it would be unreasonable to
'require a drying system which does not meet city noise ordinance
standards and it is unreasonable to expect no water to'drip from
cars exiting the car wash.
M/Quam, S/Garcia to close the public hearing.
Motion carried 5-0.
M/Quam, S/Kirsch to den the re uest of Amoco Oil Com an
for an amendment to the conditional use perm t at 660 Penn
Avenue South to allow the construction of an addition and an
automatic car wash facility to the existing_str_uctu_re.
Motion carried 4-1. (Sandahl opposed)
Council Meeting Minutes -8- ~ May 9, 1988
Item #11 FIRST READING OF AN ORDINANCE RELATING TO TRANSIENT
MERCHANTS. C.L. 126
City Manager Prosser reviewed Council Letter No. 126
regarding a proposed ordinance amendment to provide for the
regulation of transient merchants, peddlers, solicitors, and
canvassers.
Council discussion followed regarding the ability to provide
an exemption from the ordinance for certain organizations such as
charitable, religious, political, educational and newspapers. It
was the consensus of the council that city staff prepare an
exemption provision in the proposed ordinance for specific types
of organizations.
Council Member Sandahl requested that the City Attorney
review the- affect of Section 1181.05 Sub. 1(g) on those
businesses based in Richfield but operating outside of Richfield.
City Manager Prosser stated that the City would seek comment
from the Richfield Chamber of Commerce on this proposed ordinance
amendment.
M/Sandahl, S/Kirsch that this constitute the First Reading
of this ordinance and that the Public Hearing and Second Reading
of the ordinance be scheduled for the June 13, 1988 City Council
Meeting.
Motion carried 5-0.
Item #12 FIRST READING OF AN ORDINANCE RELATING TO COUNCIL
SALARIES. C.L. 127
City Manager Prosser reviewed Council Letter No. 127
regarding a proposed ordinance amendment increasing the salary of
Council Members from $5435 to $5652 and the salary of the Mayor
from $7002 to $7282.
M/Sandahl, S/Ludeman that this constitute the First Readin
of this ordinance and that the Public Hearin and Second Readin
of the ord Hance be scheduled for the June 13, 1988 city council
meeting.
Motion carried 4-1. (Garcia opposed)
Council Meeting Minutes -9- May 9, 1988
Item #13 FIRST READING OF AN AMENDMENT TO THE FRANCHISE
ORDINANCE RELATING TO NAME TRANSFER OF ROGERS
CABLESYSTEMS. C.L. 128
City Manager Prosser reviewed Council Letter No. 128
regarding a proposed ordinance amendment to the cable franchise
ordinance changing the grantee name from Rogers Cablesystems of
Minnesota Limited Partnership to Rogers Cablesystems of
Minnesota, Inc.
M/Kirsch, S/Ludeman that this constitute the First Reading
of this ordinance and that the Public Hearin and Second Readin
of the ordinance be scheduled for the June 13, 988 City Council
Meeting..
Motion carried 5-0.
Item #14 RESOLUTION ESTABLISHING WAGES AND INSURANCE FOR
FIREFIGHTERS LOCAL 1215 FOR 1988. C.L. 129
City Manager Prosser reviewed Council Letter No. 129
regarding approval of a labor agreement with the International
Association of Firefighters Local 1215 bargaining unit for the
year 1988.
' M/Sandahl, S/Ludeman that the followin resolution be
adopted; that it be spread in he resolution book and that it be
made part of these minutes-:
RESOLUTION N0. 7416
RESOLUTION APPROVING LABOR AGREEMENT BETWEEN
THE CITY OF RICHFIELD ANO THE
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 1215
BARGAINING UNIT FOR THE YEAR 1988
Motion carried 5-0. This resolution appears as Resolution
No. 7416 in Resolution Book No. 56.
Item #15 CORRESPONDENCE/LEGISLATIVE REPORT
Council Member Garcia announced that a public hearing on the
proposed Runway 4-22 Extension will be held on May 25, 1988 6:00
p.m., at the Valley View Elementary School 88th Street and 3rd
Avenue in Bloomington. She urged all interested citizens to
attend.
Council Meeting Minutes -10- May 9, 1988
Mayor Quam announced that the Community Services Commission
will conduct an informational meeting on the Storm Sewer Study on
May 24, 1988 7:00 p.m. at the Richfield Community Center.
Item #16 COUNCIL DISCUSSION ITEMS
None
Item #17 CLAIMS AND PAYROLLS
M/Sandahl, S/Garcia that the followina_ claims and payrolls
be approved:
RICHFIELD STATE BANK
Checks 9970-10024; 96037-96294 $ 785,928.40
FIRST WESTERN BANK
Checks 4303-4327 $5,674,916.95
Checks 11949-11977; 14206-14571 Payroll $ 296,576.84
Motion carried 5-0.
ADJOURNMENT
M/Quam, S/Garcia that the meeting adiourn.
Motion carried 5-D.
-~
The meeting was adjourned at 8:54 p.m.
/~~ `,
5/23/88 Y~
Date Approved:
Steve J. Quam Mayor
Thomas P. Ferber
City Clerk
lr
J me D. Prosser
C t Manager
1