09-26-1988CITY OF RICHFIELD, MINNESOTA
REGULAR CITY COUNCIL MEETING
September 26,.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/Ludeman, S/Kirsch to approve the minutes of the Budget
Hearing of September 7, 1988; the regular City Council Meeting of
September 12, 1988; the Budget Hearing of September 14, 1988; and
the Special Council Meeting of September 14, 1988.
Motion carried 5-0.
Item #1 OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL
ON A~~Y ITEM NOT LISTED ON THE AGENDA.
Donald Cederholm, 6214 5th Avenue, commented on Council
Member Sandahl's recent statement regarding property values and
taxes.
Lawrence Wozniczka, 6744 Wentworth Avenue, requested that
the city council restore the practice of council review and
approval of the HRA Budget.
Council Meeting Minutes
-2- September 26, 1988
City Manager Prosser stated that State Statute provides that
the HRA Commissioners approve the HRA Budget. He stated that the
city council receives copies of the proposed budget for comments
and/ or questions.
City Attorney Dean stated that any levy recommended by the
HRA must be approved by the council and reviewed the statutory
stat us of the HRA Board in approving it's own budget.
Item #2 COUNCIL APPROVAL OF AGENDA
M/Sandahl, S/Ludeman to approve the aaend:~.
Motion carried 5-0.
Item #3 CONSENT CALENDAR
A. APPROVED RECOMMENDATIONS BY THE SOUTHWEST INSTITUTIONAL
NETWORK GROUP (SWING) FOR THE SOUTHWEST SUBURBAN CABLE
COMMISSION TO EXPEND $17,660.50 TO ENHANCE THE
INSTITUTIONAL SUBSCRIBER NETWORK. C.L. 233.
B. APPROVED PURCHASE IN EXCESS OF $5,000 TO REPAIR CRACKS,
FILL BIRDBATHS, AND PAINT fOUR TENNIS COURTS AT
CHRISTIAN PARK. C.L. 234.
C. APPROVED PURCHASE IN EXCESS OF $5,000 FOR BLACKTOP
REPAIR AT 72ND STREET AND VINCENT AVENUE. C.L. 235.
D. APPROVED A RESOLUTION APPROVING THE 1098 AND 1989 WAGE
AND INSURANCE PROVISIONS OF THE 19~.#'- e.~9'? MASTER LABOR
AGREEMENT WITH LOCAL 49 OF THE INTLh~~ ~ ; .; S~a1L UNION OF
OPERATING ENGINEERS AND THE CITY OF ~tTCHF';ELD. C.L.236.
RESOLUTION N0. 7455
RESOLUTION APPROVING WAGES AND INSURANCE BETWEEN CITY
OF RICHFIELD AND INTERNATIONAL UNION OF OPERATING
ENGINEERS LOCAL 49 AFL/CIO FOR THE YEARS 1988 AND 1989
E. APPROVED ESTIMATE N0. 2 CODE ELECTRIC ACADEMY OF HOLY
ANGELS SPRINKLER SYSTEM $33,849.
F. APPROVED ESTIMATE N0. 2 GORHAM OIEN MECHANICAL ACADEMY
OF HOLY ANGELS SPRINKLER SYSTEM $54,806.
G. APPROVED ESTIMATE N0. 2 METRO BUILDING SYSTEMS ACADEMY
OF HOLY ANGELS SPRINKLER SYSTEM $41,401.80.
H. APPROVED RENEWAL OF KENNEL LICENSE, MICHAEL FLYNN, 6908
THIRD AVENUE, THREE DOGS.
Council Meeting Minutes
-3- September 26, 1988
I. APPROVED REQUEST FOR KENNEL LICENSE, DAVID DELZER, 6305
WENTWORTH AVENUE, THREE CATS.
M/Garcia, S/Ludeman to approve the consent calendar.
Motion carried 5-0.
Item #4 PUBLIC HEARING OF A REQUEST FOR A CONDITIONAL USE
PERMIT TO ALLOM A HOUSE CLEANING BUSINESS (HOME
OCCUPATION) AT 2617 WEST 66TH STREET. C.L. 237.
City Manager Prosser reviewed Council Letter No. 237
regarding a request for a conditional use permit to allow a house
cleaning business at 2617 West 66th Street. He stated the
Richfield Sun Current Newspaper had inadvertently not published
the required legal notice, therefore, it was recommended that the
council take testimony from the public and continue the hearing
to the October 10, 1988 council meeting.
Ann Schoenhofen, one of the property owners of 2617 West
66th Street, reviewed the proposed operation of the house
cleaning business. She stated that in the future they hoped to
expand the business which would necessitate relocation to a
commercial building in Richfield.
M/Sandahl, S/Garcia to continue the public hearing on the
conditional use permit to allow a house cleaning business at 2617
West 66th Street to the October 10, 1988 City Council Meeting.
Motion carried 5-0.
Ite® #5 PUBLIC HEARING ON THE SALE OF $3,275,000 REFUNDING
REDEVELOPMENT BONDS. C.L. 238
City Manager Prosser reviewed Council Letter No. 238
regarding a public hearing regarding the sale of $3,275,000
Refunding Redevelopment bonds as required by the 1986 Tax Reform
Act.
M/Ludeman, S/Kirsch to close the public hearing.
Motion carried 5-0.
M/Sandahl, S/Kirsch that the record show that the ublic
hearin was held re ardin the sale of 3 275 000 Re undin
Redeve o ment Bonds as re u red b the 986 Tax Reform Act•and
that no public comments were rece ved.
Motion carried 5-0.
Council Meeting Minutes -4- September 26, 1988
Item #6 PUBLIC HEARING OF A REQUEST FOR A PLANNED UNIT
DEVELOPMENT AND CONDITIONAL USE PERMIT, HUB SHOPPING
CENTER. C.L. 239
City Manager Prosser reviewed Council Letter No. 239
regarding a request by Bradley Real Estate Trust, owner of the
HUB Shopping Center, for approval of a planned unit development
and conditional use permit for the center.
David Shea, Shea Architects, Inc., reviewed the site plans
and elements of the project. He stated that the owner feels that
proposed stipulation no. 2 requiring a drainage plan certified by
a registered engineer indicating flood protection equivalent to 2
feet of freeboard above the 100 year flood elevation was not
necessary. He stated that they are satisfied and confident that
adequate flood protection has been provided and the elevations
are equivalent to the curb of the IGA Grocery Store which did not
flood in July, 1987.
Larry Miller, Bradley Real Estate Trust, reviewed the
background of the company and it's management of properties.
Discussion followed regarding how the applicant could
provide the necessary flood protection assurances to•the City.
Council member Ludeman asked if the landscaping would reduce
the number of parking spaces.
David Shea indicated that the additional landscaping was
being provided in the hard surface areas and that no parking
spaces will be lost.
Debra Olson, 4220 Valley View Road, owner ;_.~ X901 Penn
Avenue, stated her concern that no additional c~,~~ storm sewer
improvements be provided if the applicant's property floods as a
result of their project.
Shannon Kilkenny, 6626 10th Avenue, stated concern about the
internal traffic .flow on the site as it relates to the ad3acent
property to the west.
David Shea reviewed the internal traffic flow of the site.
Council Meeting Minutes
-5- September 26, 1988-
City Attorney Dean suggested that stipulation #2 be replaced
with the following language to reflect the consenses of council
discussion regarding this issue:
2. That the applicant submit information sufficient to the
City to satisfy the city engineer that reasonable steps
are being taken to preclude the possibility that the
southwest corner of the building will suffer surface
water damage as a result of reasonably anticipated
rainfall on and adjacent to the site. In connection
with such submittal, the applicant shall also provide
the City with an undertaking running in favor of the
City, in a form acceptable to the City, indemnifying
the City from any claim or cause- of action arising out
of or occasioned by surface water accumulation at the
southwest corner of the building.
M/Sandahl, S/Kirsch to close the public hearing.
Motion carried 5-0.
M/Kirsch, S/Ludeman to approve the planned unit development
lan and conditional use permit for the HUB Shopping Center with
he following stipulations:
1. A final detailed landscaping plan be submitted for staff
review and approval.
2. That the applicant submit information sufficient to the
City to satisfy the city engineer that reasonable steps
are being taken to preclude the possibility that the
southwest corner of the building will suffer surface
water damage as a result of reasonably anticipated
rainfall on and adjacent to the site. In connection
with such submittal, the applicant shall also provide
the City with an undertaking running in favor of the
City, in a form acceptable to the City, indemnifying
the City from any claim or cause of action arising out
of or occasioned by surface water accumulation at the
southwest corner of the building.
3. A resurfacing and perimeter curbing plan for the
parking lot be submitted for staff review and approval.
4. All curb cuts, and driving isle widths meet the city
requirements for offstreet parking areas.
5. All improvements meet city building and fire codes.
Motion carried 5-0.
Council Meeting Minutes -8- September 26, 1988
City Manager Prosser reviewed the city procedures in the
periodic cleaning of the storm sewer system.
Shari Barnes, 6525 Newton Avenue, reviewed her concerns
regarding storm water on her property during even minor
rainfalls.
Barbara Hurley, 6520 Morgan Avenue, stated her concerns that
the proposed solution for 66th Street and Newton Avenue would not
address the problems on Morgan Avenue.
Community Services Directed Fondrick reviewed the holding
pond and pumping system proposed for the area and stated it would
also serve to address the Morgan Avenue locations.
Don Cederholm, 6214 5th Avenue, stated conc~~~n about
increases in the storm water utility fee to pay for improvements
for a few people.
Bob Jensen, 7328 Fremont Avenue, owner of Tandem Press, 7716
Colfax Avenue, reviewed issues related to flood insurance and
urged that city provide adequate information to the property
owners of each area regarding any improvements or actions to be
taken.
Council Member Ludeman stated the importance of the city
communicating with property owners and allowing additional input
regarding the improvements.
Council Member Sandahl stated that each area should be able
to participate in the final design decisions.
Greg Englund, 7308 First Avenue, asked what the City was
going to do with the house at 7300 First Avenue. He suggested it
could be cost effective to raise the houses on his side of the
block to alleviate flooding potential.
City Manager Prosser stated that the city _ X411
investigating options for the property at 7300 r"first Avenue.
Council Member Sandahl that the approach of assessing where
the potential for damage is and determining the cost/benefit
ratio of the alternatives is the correct approach to address the
flood problems. He stated that the use of storm water utility
fees for maintenance is a separate matter of policy. He stated
the City has tried to provide an opportunity for residents to be
heard and will continue to do so as the process moves toward
designing and implementing improvements. He stated that the
council must select a reasonable level of protection based on the
data. He stated that even with improvements a storm of the same
magnitude as July 1987 would still create flooding.
Council Member Garcia stated that this was a good report and
that identified general improvements for specific areas should be
refined by meeting with the impacted neighborhoods.
Council Meeting Minutes -9- September 26, 1988
Council Member Kirsch asked what the timetable was for the
Edina storm sewer improvements.
Community Services Director Fondrick stated that these
improvements are scheduled for 1989.
Council Member Kirsch noted that $30,000 is also proposed to
be available for technical expertise and assistance for those who
wish to increase their level of protection. He stated if Edina
does not complete the improvements as planned, the city council
should give consideration to Priority #9.
Council Member Ludeman asked what the timetable was for
implementation of the proposed $161,000 of improvements.
City Manager Prosser stated that construction would be
anticipated to occur in 1989 and be part of the 1989 Storm Sewer
Utility Budget.
Council Member Ludeman stated that all spending is a matter
of priorities and that the council may need to consider further
spending beyond the $161,000 for improvements and that one ,area
to consider is using liquor store profits and reducing
allocations for Veterans Memorial Park. He stated he supports
the authorization of the recommended improvements, but stressed
that this should not preclude the City from investigating further
future improvements.
Mayor Quam thanked the Community Services Commissions and
the residents for their work in seeking solutions for these
difficult issues.
M/Ludeman, S/Sandahl to close the public hearing.
Motion carried 5-0.
M/Ludeman, S/Kirsch that the City Council:
1) accept the report of the storm sewer system conducted by
Orr-Schelem-Mayeron and Associates, Inc.
2) authorize the followin im rovements and fundin for
these improvements at an estimated cost of 161,000:
Priority
Ranking Site Location
1 A-1 Alley east of Xerxes south of 66th Street
2 L'-38 Intersection of Bloomington and 70th Street
3 H-8 Monroe Park
4 T-20 Stevens Avenue and 68th Street
5 P-16 Colfax Avenue and 77-1/2 Street
6 0'-41 69th Street and 70th Street and Penn Avenue
7 C'-29 66th Street and Fourth Avenue
8 N'-40 66th Street and Newton Avenue
Council Meeting Minutes -10- September 26, 1988
3) authorize a maximum of $30,000 for technical expertise
and assistance to be rov ded to Richfield residents u on re uest
f the property owners wish to increase their level of protect on
at the~.r own request.
4) review and consider additional improvements for other
areas if found to be necessary.
Motion carried 5-0.
Item #9 PUBLIC HEARING OF A AN ORDINANCE AMENDMENT CORRECTING
THE GRANTEE ON TRANSFER OF CITY CAB~.F ~'~'~. EVISION
FRANCHISE ORDINANCE. C.L. 242.
City Manager Prosser reviewed Council Letter No. 242
regarding a proposed ordinance amendment to correct the grantee
name in the City's Cable franchise ordinance.
M/Ludeman, S/Garcia to close the public hearing.
Motion carried 5-0.
M/Kirsch, S/Sandahl that this
No. 1988-19. that it be ^uhli
of
per
1
Ite® #10 CONSIDERATION OF AGREEMENT MITH CONSULTANT TO UPDATE
RICHFIELD'S MASTER PARK PLAN. C.L. 243
City Manager Prosser reviewed Council t~4°_`::•~° 4~:_~. 243
regarding a proposed agreement with Don Brauer f~vt a~nsultant
services related to the updating of the Richfield Master Park
Plan for an amount not to exceed $30,000.
Council Member Ludeman stated opposition to the proposal and
stated that the upgrading of Madison and Jefferson Parks should
occur prior to spending money for such a study. He stated
concern about the proposed expenditures on Veteran's Memorial
Park.
Council member Sandahl stated that it was prudent to update
the Master Park Plan so that it will meet the needs of the
citizens and would also help in addressing issues related to the
development of Veterans Memorial Park.
Mayor Quam stated the importance of citizen involvement in
the park planning process.
Council Member Garcia stated that updating the plan will
enable the City to focus it's priorities and noted the importance
of parks as an investment in the community.
Motion carried 5-0.
Council Meeting Minutes
M/Garcia, S/Sandahl to auth
Cit of Richfield and Don Brauer
to u datin o the Rich field Mas
to exceed 30.000.
-11- September 26, 1988
raze an agreement between
for consultant services re
er Park Plan for an amount
Motion carried 4-1. (Ludeman opposed)
he
in
no
Item #11 CONSIDERATION OF A LEASE BETWEEN THE CITY OF RICHFIELD
AND WALLY MCCARTHY OLDSMOBILE FOR USE OF CERTAIN CITY
OWNED RIGHT-OF-WAY. C.L. 244
City Manager Prosser reviewed Council Letter No. 244
regarding a lease between the City and Wally McCarthy Oldsmobile
for use of city owned right-of-way. He stated that two basic
unresolved issues remain regarding the lease:
1. Mr. McCarthy is proposing to pay a lease amount of
approximately $1,000 per year. The City has
recommended that the lease amount should be $2,000 per
year. .The City's calculated lease amount is based upon
a conservative rental value estimate prepared by the
City Assessor. This square foot lease amount is the
same for McCarthy, as it is for Walser although Walser
leases a larger area and, therefore, pays a greater
amount.
2. The landscaping specifications have not been agreed
upon by Mr. McCarthy. Despite extensive negotiations,
we have not been able to reach a final agreement
regarding the landscaping in the ten foot boulevard
strip. The City has proposed a ground area with shrubs
and trees. McCarthy has proposed to install an
aggregate material and place planters with landscaping
materials at intervals along 78th Street.
City Planner Morrison reviewed slides of the site and
examples of landscaping at other auto dealerships. She reviewed
the landscape plan proposed by the City and the one proposed by
McCarthy's.
Ray Haberoth, representing Wally McCarthy's Oldsmobile,
disputed the terms of the lease saying it was different than the
one negotiated by McCarthy's attorney Mr. Miller and City
Attorney Dean.
City Manager Prosser stated that the only difference was in
the recommended lease amount and landscape plan as he had
previously indicated. After discussion, the council indicated
that the lease under consideration was the negotiated lease draft
by Mr. Dean and Mr. Miller, with the proposed amount and
landscaping to be decided by the council.
Council. Member Garcia stated it was important to be
consistent with the auto dealerships in dealing with these type
of issues.
Council Meeting Minutes
-14- September 26, 1988
Item #14 CONSIDERATION OF APPOINTMENTS TO THE ADVISORY BOARD OF
HEALTH. C.L. 247
City Manager Prosser reviewed Council Letter No. 247
regarding the consideration of appointments to the Advisory Board
of Health to fill three unexpired terms that will expire January
31, 1989.
M/Ludeman, S/Garcia to appoint the following to the Advisory
Board of Health:
Ralph Francis Term to Expire January 31, 1989
Jo Romer Term to Expire January 31, 1989
Carlene Ulmer Term to Expire January 31, 1989
Motion carried 5-0.
Item #15 CORRESPONDENCE/LEGISLATIVE REPORT
Mayor Quam stated it will be necessary to discuss a strategy
regarding the potential of expansion of the airport in light of
recent discussions at a meeting he attended regarding an
additional north-south runway.
Item #16 COUNCIL DISCUSSION ITEMS
Council Ludeman requested that the staff review alternative
microphones for the council chambers to improve the audio for the
cable audience and the public.
City Manager Prosser indicated this is currently being done,
Item #17 CLAIMS ANO PAYROLLS
M/Ludeman, S/Garcia that the following claims and payrolls
be approved:
RICHFIELD STATE BANK
Checks 10530-10588; 98727-99023 $1,002,306.11
FIRST MINNESOTA
Checks 1076-1077 $ 30,000.00
Council Meeting Minutes
-15- September 26, 1988
FIRST WESTERN BANK
Checks 4538-4558 $ 700,045.89
Checks 18173-18200; 18619-19004 Payroll $ 303,966.88
Motion carried 5-0.
ADJOURNMENT
M/Quam, S/Garcia to adjourn the meeting until Monday
October 3, 1988 at 7:00 P.M. at which time the council wf
to consider a resolution re ardin the administration of
Housinc Ass stance Program.
Motion carried 5-0.
The meeting was adjourned at 12:11 a.m. (on Tuesday Sit.
Qate Approved: 10/1;0/88
T omas P. Ferber
City Clerk
. ~u
1 mee
he
~~
Mayor
J me P osser
C t Manager