06-27-1988CITY OF RICHFIELD, MINNESOTA
REGULAR CITY COUNCIL MEETING
June 27, 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
Mayor Quam stated that the minutes should be amended on page
13, Item ~~13 to reflect that Council Member Sandahl seconded the
motion.
M/Kirsch, S/Ludeman to approve the minutes of the regular
city council meeting on June 13, 1988 as amended.
Motion carried 5-0.
Item #1 PRESENTATION OF CERTIFICATE OF COMMENDATION TO
COMMUNITY SERVICES EMPLOYEE JOHN BERG. C.L. 152
Mayor Quam read and presented a Certificate of Commendation
to Community Services Department employee John Berg for his
involvement in a life saving effort for a heart attack victim.
Council Meeting Minutes -2- June 27, 1988
Item #2 PRESENTATION OF CERTIFICATE OF COMMENDATION TO FIRE
CAPTAIN MARVIN IVERSON. C.L. 153
Mayor Quam read and presented a Certificate of Commendation
to Fire Captain Marv Iverson for his achievement in receiving the
Richfield Optimist Club "1988 Firefighter Friend of Youth Award".
Item #3 OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL
ON ANY ITEM NOT LISTED ON THE AGENDA.
Lawrence Wozniczka, 6744 Wentworth Avenue, asked that the
city council review the policy regarding the use of the storm
sewer fund established after the 1977-78 floods.
Mayor Quam stated that this issue would be reviewed.
Item #~ COUNCIL APPROVAL OF AGENDA
Mayor Quam directed that the consideration of appointments
of student members to the Advisory Board of Health and Human
Rights Commission be added to the agenda as Item ~~14A.
M/Ludeman, S/Sandahl to approve the agenda as amended.
Motion carried 5-0.
Item #5 CONSENT CALENDAR
Lawrence Wozniczka, 6744 Wentworth Avenue, asked for more
information regarding Item ~~5D of the consent calendar.
Council Member Garcia requested that Item ~~SD be removed
from the consent calendar for discussion.
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A. APPROVED BIDS, MINUTES AND CONTRACT TO REFURBISH FIRE
PUMPER ENGINE NUMBER 82. C.L. 154
B. APPROVED PURCHASE IN EXCESS OF $5,000 FOR RADIOS FOR
PUBLIC SAFETY VEHICLES. C.L. 155
Council Meeting Minutes -3- June 27, 1988
C. APPROVED A RESOLUTION APPROVING A CHANGE IN THE ACTING
PAY PROVISIONS OF THE LABOR AGREEMENT BETWEEN THE CITY
- AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL
1215. C.L. 156
RESOLUTION N0. 7423
RESOLUTION APPROVING A CHANGE IN THE AGREEMENT
BETWEEN THE CITY OF RICHFIELD AND THE INTERNATIONAL
ASSOCIATION OF FIREFIGHTERS LOCAL 1215
BARGAINING UNIT FOR THE YEAR OF 1988
D. Removed from Consent Calendar and placed on Agenda as
Item ~~148.
E. APPROVED MINUTES AND AWARD OF CONTRACT FOR PURCHASE OF
MULTI-CHANNEL COMMUNICATION RECORDING SYSTEM FOR THE
PUBLIC SAFETY DEPARTMENT. C.L. 158
F. APPROVED AUTHORITY TO SUBMIT OUTDOOR RECREATION GRANT
APPLICATION FOR DEVELOPMENT AT VETERANS MEMORIAL PARK
OF RICHFIELD. C.L. 159
G. APPROVED CDBG YEAR XIV PUBLIC SERVICE AGREEMENT WITH
GREATER MINNEAPOLIS DAY CARE ASSOCIATION. C.L. 160
H. APPROVED RENEWAL OF COMMERCIAL KENNEL LICENSE FOR
AIRPORT PET HOSPITAL, 6301 CEDAR AVENUE.
I. APPROVED RENEWAL OF COMMERCIAL KENNEL LICENSE FOR
CUTLER ANIMAL HOSPITAL, 7738 COLFAX AVENUE.
J. APPROVED RENEWAL OF COMMERCIAL KENNEL LICENSE FOR
ELAINE'S PROFESSIONAL GROOMING, 7429 HUMBOLDT AVENUE.
M/Sandahl, S/Ludeman to remove Item ~~SD from the Consent
Calendar and and place it on the Agenda as Item ~ 148; and, to
approve the consent calendar as amended.
Motion carried 5-0.
Item #6 PUBLIC HEARING TO CONSIDER FINAL PLAT APPROVAL TO
SUBDIVIDE PROPERTY AT 7234 14TH AVENUE. C.L. 161
City Manager Prosser reviewed Council Letter No. 161
regarding a request by Mr. Tim Gleason for approval of a final
plat for the property located at 7234 14th Avenue subdividing the
.existing lot into two new single family lots.
Council Meeting Minutes -4- June 27, 1988
Mayor Quam read two letters submitted regarding this issue:
Michael Fish, 7310 14th Avenue, in support of approval.
(Clerks File No. C-295)
John Nagle, 7311 14th Avenue, in opposition to approval.
(Clerks File No. C-296)
Tim Gleason, 7234 14th Avenue, described the dimensions of
the lots.
Blair Campbell, 7239 14th Avenue, spoke in opposition to
approval of the plat stating it would be detrimental to the
neighborhood. He stated that a covenant~in the deeds of
properties in this area restricted the subdivision of property to
lots of this size.
Council Member Sandahl stated that because the proposed plat
meets all the requirements of city ordinances, legal counsel has
indicated that the council has no legal basis to deny it even if
they feel it is not appropriate for the neighborhood.
City Attorney Dean stated that the issue is whether the plat
meets the city's subdivision requirements. He stated the deed
covenant refers to a private right of the property owners which
they must pursue on their own.
Council Member Garcia stated that the council by prior
denials has expressed their opinion about the undesirability of
the proposal and cannot support it. She noted that the council
has since adopted an ordinance amendment to address this type of
situation.
Council Member Ludeman stated he opposes the addition of a
house on this site because it would be detrimental to the
aesthetics of the area,_however, it meets the legal requirements.
M/Sandahl, S/Kirsch to close the public hearing.
Motion carried 5-0.
M/Sandahl, S/Quam to approve the final plat of the proper
located at 7234 14th Avenue subdividing the existing lot into
new lots of 9142 square feet and 6814 square feet.
Motion carried 4-1. (Garcia opposed)
Council Meeting Minutes
-5-
June 27, 1988
Item #7 PUBLIC HEARING TO CONSIDER AN ORDINANCE AMENDING THE
CITY CODE REGULATING TRANSIENT MERCHANTS, PEDDLERS AND
SOLICITORS. C.L. 162
City Manager Prosser reviewed Council Letter No. 162
regarding a proposed ordinance amendment regulating transient
merchants, peddlers and solicitors.
John Hamilton, President of the Richfield Chamber of
Commerce, stated that the Chamber's Board of Directors had
unanimously passed a motion in support of the ordinance
amendment.
M/Ludeman, S/Sandahl to close the public hearing.
Motion carried 5-0.
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M/Kirsch, S/Ludeman that this constitute Second Reading of
Bill No. 1988-15, that it be published in the official newspape
and that it be made part of these minutes.
Motion carried 5-0.
Ite^ #8 SECOND READING OF AN ORDINANCE AMENDMENT TO SECTION 1,
SUBSECTION 100.07 TO ADOPT BY REFERENCE MINNESOTA
STATUTES, 1987 SUPPLEMENT AND LAwS OF MINNESOTA, 1988.
C.L. 163
City Manager Prosser reviewed Council Letter No. 163
regarding a proposed ordinance amendment to incorporate the most
current state statutes and regulations into the Richfield City
Code.
Council Member Ludeman stated that it would be desirable to
review the content and impact of the statute changes before
adopting them by reference.
City Attorney Dean reviewed the impact of adopting the
Statutes by reference.
City Manager Prosser stated most of the changes are
definitional and that further delineation would be provided in
the future.
Council Meeting Minutes -6- June 27, 1988
M/Quam, S/Kirsch to close the public hearing.
Motion carried 5-0.
M/Ludeman
No. 1988-
C/I[i renF~
Item #9 CONSIDERATION OF A RESOLUTION DISCONTINUING THE
RELATIONSHIP BETWEEN THE RICHFIELD HRA AND THE METRO
HRA RENT ASSISTANCE PROGRAM AND ENDORSING THE
DEVELOPMENT OF AN INDEPENDENT PROGRAM. C.L. 164
City Manager~Prosser reviewed Council Letter No. 164
regarding the proposed administration of the Section 8 Existing
Rent Assistance Program independent from the Metropolitan Council
HRA.
Thomas Harms, Chairman
HRA recommends city council
it would be a positive step
program and be economically
sufficient funding from HUD
existing agreement with the
to subsidize the program wi
reimbursed.
of the Richfield HRA, stated that the
approval of this action. He stated
in achieving local control of the
advantageous since it would provide
for administration costs. The
Metro HRA required the Richfield HRA
th $22,000 for expenses not
M/Sandahl, 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. 7425
RESOLUTION RESCINDING RESOLUTION N0. 5323
DATED FEBRUARY 24, 1975
Motion carried 5-0. This resolution appears as Resolution
No. 7425 in Resolution Book No. 56.
Item #10 CONSIDERATION OF A RESOLUTION APPROVING A JOINT POWERS
AGREEMENT MITH BLOOMINGTON, EDEN PRAIRIE, EDINA AND
NINNETONKA PROVIDING FOR THE IMPLEMENTATION OF THE I494
CORRIDOR STUDY. C.L.. 165
City Manager Prosser reviewed Council Letter No. 165
regarding a proposed Joint Powers Agreement with Bloomington,
Edina, Eden Prairie, Minnetonka, and Richfield for
intergovernmental cooperation in the planning, design, and
traffic management for I494.
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Motion carried 5-0.
Council Meeting Minutes -7- June 27, 1988
Council Member Ludeman asked what the $1500 initiation fee
was for.
Community Services Director Fondrick reviewed the potential
activities and costs which would be incurred by the organization.
Lawrence Wozniczka, 6744 Wentworth Avenue, stated concern
about the costs, participation, and availability of reports from
the various highway studies.
Community Services Director Fondrick reviewed the City's
participation and costs related to the I494 Scoping Document,
E.I.S. process and the proposed Joint Powers Agreement.
Mayor Quam reviewed the positive aspects of participating
and having input in the E.I.S. and Joint Powers organization.
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. 7426
RESOLUTION CALLING FOR THE EXECUTION OF THE JOINT POWERS
AGREEMENT PROVIDING FOR THE IMPLEMENTATION OF THE I-494
CORRIDOR STUDY
Motion carried 5-0. This resolution appears as Resolution
No. 7426 in Resolution Book No. 56.
Item #11 CONSIDERATION OF A REQUEST FOR AN OFFSTREET PARKING
PERMIT TO CONSTRUCT AN EMPLOYEES PARKING LOT AT THE
RICHFIELD STATE AGENCY, 6625 LYNDALE AVENUE. C.L. 166
City Manager Prosser reviewed Council Letter No. 166
regarding a request for an additional offstreet parking permit
for a 22 space employee parking lot on the land at 6644 and 6640
Grand Avenue under the final approved planned unit development
plan of Richfield State Agency.
Carl McBride, Richfield State Agency, reviewed the site plan
and his efforts to acquire the property at 6636 Grand Avenue for
incorporation into the plan.
Council Member Ludeman asked why this proposed lot was
designated employee only parking. He stated he did not think the
city should stipulate this for the applicant, but that this
should be the applicants decision.
Mr. McBride responded that they preferred that the closer
parking spaces be available for customers.
Council Meeting Minutes -8- June 27, 1988
Lawrence Wozniczka, 6744 Wentworth Avenue, asked if the
neighborhood had been notified of this proposal.
Mayor Quam stated notices had been mailed to property owners
within 350 feet of this parking area.
City Manager Prosser requested that is the council changes
the designation of the parking from employee parking to regular
parking, that it be contingent upon any language limitations on
this parking which may be included in the original planned unit
development plan.
M/Ludeman, S/Kirsch to appr
for the proposed 22 space parkin
Grand Avenue for Richfield State
subiect to the following conditi
the offstreet parking per
of on land at 6640 and 664
ency 6625 Lyndale Avenue,
1. That the parking area be screened from residential
properties in the area, as proposed on the landscape plan
submitted, and subject to final site inspection approval by
staff.
2. Plant materials installed include a 4" or larger caliper B &
B (Ball and Burlap) replacement tree for the tree recently
removed from 6640 Grand Avenue and the evergreen trees
installed are 10' or greater in height as agreed to in the
applicant's May 25, 1988 meeting with staff.
3. That the proposed berming be continued at approximately the
same grade (137 - 138 feet) as the area north of 6636 Grand
Avenue.
4. That the underground sprinkler system be installed in
compliance with the city regulations and as agreed to in the
applicant's June 8, 1988 letter.
5. That all new lighting and signage be in compliance with the
City's ordinance and meet staff approval.
6. That the drainage plan meet the City Engineer's approval.
7. The proposed fence specification for the southerly portion
of 6636 Grand Avenue property be submitted for staff review
and approval regarding the location, size, height, design
and materials.
8. That the applicant continue to make a concerted effort to
purchase the property at 6636 Grand Avenue in order to
continue to construct the remaining permanent parking
improvements in accordance with the final approved planned
unit development plan.
Council Meeting Minutes -9- June 27, 1988
9. Access to the garage at 6636 Grand Avenue by way of the
vacated alley continue to be provided by the applicant,
until such a time as the property at 6636 Grand Avenue is
purchased and the house is removed.
10. That this lot does not have to be designated as employee
parking unless stipulated as a part of the final planned
unit development plan.
Motion carried 5-0.
Item #12 CONSIDERATION OF A REQUEST FOR'AN OFFSTREET PARKING
PERMIT FOR AN AUTOMOTIVE RADIATOR REPAIR SERVICE AT
1310 EAST 66TH STREET.
City Manager Prosser reviewed Council Letter No. 167
regarding an offstreet parking permit for Carlberg Radiator
Service at 1310 East 66th Street.
Forest Lovely, owner of 1310 E. 66th Street, reviewed his
communications with city staff regarding the site. He stated
that he felt class 5 gravel for the rear parking area would be
sufficient and that blacktop was not necessary. He stated that
the installation of perimeter curbing in the front would be
detrimental to adjacent businesses and snowplowing.
City Manager Prosser apologized for any problem in
communication that may have occurred with the applicant and
reviewed what is required of the applicant to meet the standards
for parking areas.
Mayor Quam read two letters regarding this issue:
1) Gary Krueger, owner of Veteran Electronics, 6539 14th
Avenue, stated concern about soil washing into the alley from the
property. (Clerks File No. C-297)
2) Blair Larson, 6530 14th Avenue, stated concern regarding
sand from the site affecting storm sewers and leaving soil in the
alley. (Clerks File No. C-298)
Pat Buchanan, B & D Bait & Tackle 1308 E. 66th Street,
reviewed the advantages to the sharing of parking with 1310 E.
66th Street and the negative impact a perimeter curb might have.
Albert Kranz, 1306 E. 66th Street, stated that the drain
from his property to 1310 E. 66th Street had caused the sand
washout and it had now been disconnected.
Forest Lovely indicated he could not afford to blacktop the
parking area at this time.
Council Meeting Minutes -10- June 27, 1988
It was the consensus of the council that the applicant and
city staff meet to work on a solution for this property and that
the City Manager review the communication issues pertaining to
this item.
M/Garcia, S/Ludeman to table consideration of an offstreet
parking permit for an automotive radiator repair service at 1310
East 66th Street.
Motion carried 5-0.
Item #13 CONSIDERATION OF A REQUEST FOR AN OFFSTREET PARKING
PERMIT FOR A CHIROPRACTOR OFFICE USE AT 1714 EAST 66TH
STREET. C.L. 168
City Manager Prosser reviewed Council Letter No. 168
regarding an application far an offstreet parking permit at 1714
East 66th Street.
Judith and Milton St. Clair, 3535 Bryant Avenue, reviewed
their proposal for a Chiropractor office use of the site and
their contacts with the neighborhood and staff regarding the
proposal.
M/Ludeman, S/Sandahl to approve the offstreet parking permit
for 1714 East 66th Street.
Motion carried 5-0.
Item #14 CONSIDERATION OF A REQUEST BY VOLUNTEER GROUPS FOR
CITY REIMBURSEMENT OF LOSS OF NEWSPAPER REVENUE IN 1987
C.L. 169
City Manager Prosser reviewed Council Letter No. 169
regarding a request by recycling volunteer groups for city
reimbursement of a loss of revenue due to the failure of Cellu-
Tech, Inc. to pay for newspapers and their subsequent bankruptcy.
Council Member Ludeman asked if the contract by the
volunteers with this firm was made independently from the City.
City Manager Prosser stated that the volunteer groups had
selected the newspaper contractor.
Dennis Fox, 6616 Sheridan Avenue representing the Campfire
volunteers, spoke in support of some city reimbursement for the
lost revenue and reviewed communications with the recycling
coordinator regarding this issue.
II
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iu
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Council Meeting Minutes -11- June 27, 1988
Wallace Houts, representing Troop 64, reviewed the payment
problems and requested the council consider reimbursing the
groups.
Don Halbur, 7433 11th Avenue, representing the Assumption
Boy Scout Troop, stated that a partial reimbursement would be
helpful.
Sid Sanford, 7000 Portland Avenue, stated it would be
reasonable to consider some reimbursement even though the groups
entered this contract independently of the city.
Council Member Sandahl suggested that reimbursement of
$15.00 per ton be provided by the City. He stated this would be
in the best interest of the City and the recycling volunteers.
He suggested a stronger city involvement in the future review of
such contracts.
Mayor Quam suggested the city staff reach an agreement with
the volunteer groups to allow staff review of contract terms,
bonds and insurance to assess the potential risks of the
contract. He stated that he did not wish to see the city as an
insurer for such contracts.
M/Sandahl, S/Kirsch to a
Richfield Recycling Volunteer
and August of 1987 for collec
reimbursement shall be $15.00
rove city reimbur
for lost revenues
on of newsoaoers.
ment to the
n June, Jul
The
Motion carried 5-0.
er Lon.
Item #14A CONSIDERATION OF APPOINTMENT OF YOUTH MEMBERS TO THE
ADVISORY BOARD OF HEALTH AND THE HUMAN RIGHTS
COMMISSION.
Mayor Quam recommended the following appointments:
Advisory Board of Health - Kara Krake
Human Rights Commission - Mahesh Gundgovi, Barbara Menning
M/Quam, S/Kirsch to approve the following appointments:
Advisory Board of Health - Kara Krake, Youth Liason Member
Term to expire January 1, 1990
~~i
~~
Council Meeting Minutes -12- Jui
Human Rights Commission - Mahesh Gundgovi, Youth
Term to expire January
Barbara Menning, Youth
Term to expire January
Motion carried 5-0.
~e 27, 1988
Member
1, 1990
Member
1, 1990
Item X148 CONSIDERATION OF A RESOLUTION APPROVING RICHFIELD'S
PARTICIPATION IN THE I494 ENVIRONMENTAL IMPACT
STATEMENT (EIS) PROCESS. C.L. 157
City Manager Prosser reviewed Council Letter No. 157
regarding authorization for the Mayor and City Manager to sign an
agreement on behalf of the city to participate the I494
Environmental Impact Statement (EIS) process and to authorize an
expenditure of $27,000 for Richfield's share of the cost.
Lawrence Wozniczka, 6744 Wentworth Avenue, stated he felt
Richfield should not pay any portion of the EIS cost.
Council Members reviewed the advantages of participating in
and expediting the I494 EIS process.
M/Garcia, S/Quam that the followin4 resolution be adopted;
that it be spread in the resolution book and that it_be made part
of these minutes:
RESOLUTION N0. 7424
RESOLUTION AUTHORIZING EXECUTION OF THE AGREEMENT BETWEEN THE
STATE OF MINNESOTA DEPT. OF TRANSPORTATION, THE METROPOLITAN
AIRPORTS COMMISSION, HENNEPIN COUNTY AND THE I-494 CORRIDOR
ADVISORY COMMISSION FOR RICHFIELD'S PARTICIPATION IN THE I-494
ENVIRONMENTAL IMPACT STATEMENT (EIS) PROCESS
Motion carried 5-0. This resolution appears as Resolution
No. 7424 in Resolution Book No. 56.
Item #15 1988 LEGISLATIVE UPDATE REPORT
It was the consensus of the council to reschedule this item.
M/Sandahl, S/Ludeman to reschedule the 1988 Legislative
Update Report to July 11, 1988.
Motion carried 5-0.
Council Meeting Minutes
-13-
Item #16 CORRESPONDENCE/LEGISLATIVE REPORT
Payroll
Mayor Quam read a press release (Clerks File No. C-299)
encouraging water conservation by the citizens of Richfield.
Item #17 COUNCIL DISCUSSION ITEMS
Council Member Garcia reviewed pedestrian safety issues
regarding the pedestrian crossing on 66th Street adjacent to the
swimming pool. .
Public Safety Director Erskine reviewed training and
enforcement actions taken regarding this pedestrian crossing.
J
Item X18 CLAIMS AND PAYROLLS
M/Ludeman, S/Sandahl that the following claims and payrolls
be approved:
RICHFIELD STATE BANK
Checks 10173-10214; 96914-97205
FIRST WESTERN BANK
Checks 4397-4422
Checks 14155-14184; 15711-1.6165
Motion carried 5-0.
ADJOURNMENT
M/Garcia, S/Sandahl that the meeting adjourn.
Motion carried 5-0.
The meeting was adjourned at 10:18 p.m.
Date Approved : 7/11/88 ~~'
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Thomas P. Ferber Ja
City Clerk Ci
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June 27, 1988
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$ 326,914.10
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