11-14-1988CITY OF RICHFIELD, MINNESOTA
REGULAR CITY COUNCIL MEETING
November 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 MINQTES
M/Sandahl, S/Kirsch to ap rove the minutes of the Special
City Council Meeting of October 24, 1988; and the regular City
Council Meeting of October 24, 1988.
Motion cap,: i~:•N~~ 5-0 .
Item #1 PRESENTATION OF APPRECIATION TO DONALD HASSENSTAB FOR
SERVICE TO THE CITY AS A HOIISING AND REDEVELOPMENT
ADTHORITY COMMISSIONER. C.L. #267
Mayor Quam stated that this item would be rescheduled
because Mr. Hassenstab was unable to attend this evening.
Council Meeting Minutes
-2- November 14, 1988
Item #2 OPPORTIINITY FOR CITIZENS TO ADDRESS THE CITY CODNCIL
ON ANY ITEM NOT LISTED ON .THE AGENDA.
Mayor Quam stated that the Richfield Sun-Current had
incorrectly indicated that the Council would be considering
changes in the recreational vehicle parking regulations. He
stated that no changes would be made to these regulations but
rather utility trailers would be put under the same regulations
and that all stored vehicles must be licensed.
Shannon KilKenny, 6626 10th Avenue, suggested that the City
Council consider adopting a formal resolution opposing the
proposal for construction of a north/south runway at the airport.
Mayor Quam reviewed the City's involvement in the airport
plan process and stated that if appropriate such action could be
taken.
Ingemar Ozols, 201 E. 73rd Avenue, asked for clarification
of the definition of a utility trailer.
Public Safety Director Erskine explained the definition of a
utility trailer.
Elliot Adams, 5719 14th Avenue, stated his concerns about
the parking dispute between the Hub Shopping Center and U.S. Swim
and Fitness which resulted in his daughter's car being towed and
concerns about the fees the towing company charges.
Mayor Quam stated that this was a private property dispute
about which other people had expressed concern to-the City. He
stated that the City has encouraged the property owners to
resolve their dispute and to provide clear signage.
Council Member Sandahl stated that he felt that the towing
fee was excessive and that the City should review methods to
regulate these fees.
City Attorney stated the City currently does not regulate
such fees but could do so by ordinance.
City Manager Prosser reviewed some of the issues regarding
the dispute and efforts to encourage resolving the dispute.
Stephanie Ozols, 7134 17th Avenue, stated concern about the
parking situation.
Council Meeting Minutes
-3- November 14, 1988
Item #3 COONCIL APPROVAL OF AGENDA
Council Member Kirsch requested that consideration of an
appointment to the Advisory Board of Health be added to the
agenda as Item 15A.
M/Kirsch, S/Ludeman to approve the agenda as amended.
Motion carried 5-0.
Item #4 CONSENT CALENDAR
A. APPROVED PURCHASE IN EXCESS OF $5,000 FOR OFFICE
FURNITURE AND PARTITIONS FOR THE ADMINISTRATIVE
SERVICES AND EXECUTIVE DEPARTMENTS. C.L. 268
B. APPROVED CONTINUATION OF THE AGREEMENT WITH THE CITY OF
BLOOMINGTON FOR THE PROVISION OF INSPECTION SERVICES
FOR RICHFIELD FOR 1989. C.L. 269
C. APPROVED THE CONTINUATION OF THE AGREEMENT WITH THE
CITY OF BLOOMINGTON FOR THE PROVISION OF ANIMAL KENNEL
SERVICES FOR THE CITY OF RICHFIELD FOR 1989. C.L. 270
D. APPROVED FINAL PAYMENT NEWMECH COMPANIES FOR ACADEMY OF
THE HOLY ANGELS FIRE SUPPRESSION SYSTEM. C.P. 799
$740.82
E. APPROVED ESTIMATE NO. 2 AD CON, INC. REPAIR CURB AND
GUTTER, $1,343..44
M/Ludeman, S/Kirsch to a prove the consent calendar.
Motion carried 5-0.
Item #5 PUBLIC HEARING ON THE HEARING EXAMINERS DENIAL OF A
VARIANCE REQUEST TO ALLOW CONSTRIICTION OF A SOLARIUM TO
THE EXISTING BUILDING AT 811 EAST 66TH STREET,
RICHFIELD FLORAL AND NURSERY, INC. C.L. 271
City Manager Prosser reviewed Council Letter No. 271
regarding a request by Richfield Floral and Nursery Inc. for a
variance to allow construction of a solarium to the existing
building at 811 East 66th Street.
Bud Wikstrom, Pat Harris, and Nancy Greeman, owners of
Richfield Floral and Nursery, Inc. reviewed the proposed
addition.
Council Meeting Minutes -4-
John Hamilton, 7220 Harriet.Avenue,
Richfield Chamber of Commerce, spoke in
variance.
Shannon KilKenny, 6626 10th Avenue,
would be an asset to the area but stated
should be widened to 26 feet.
November 14, 1988
representing the
support of granting the
stated that the addition
that the curb cuts
Pat Harris indicated that the neighborhood had reacted
positively to this proposed addition and it would help the
business to grow and remain successful.
Mayor Quam reviewed the state statute which provides the
authority to grant variances when specific criteria are met. He
stated that he can not support a variance which does not meet the
state law criteria such as this one. He stated that the League
of Minnesota Cities is seeking initiate a change in the Statute.
Discussion followed regarding the adequacy of the curb cut
width and whether the proposed addition would necessitate
addressing parking and traffic flow issues.
M/Garcia, S/Ludeman to close the public hearing.
Motion carried 5-0.
M/Ludeman, S/Sandahl to reverse the Hearing Examiners denial
of this variance reguest and to grant setback variance to allow
the construction if a 28 foot x 10 foot solarium attached to the
existing building at 811 East 66th Street with the condition that
the fence on the south property line be repaired.
Motion carried 4-1. (Quam opposed)
Item #6 PUBLIC HEARING ON THE HEARING EXAMINERS DENIAL OF A
REQiTEST FOR A VARIANCE TO ALLOW THE CONSTRIICTION OF A
DECK TO AN EXISTING ATTACHED GARAGE AT 7501 FREMONT
AVENUE. C.L. 272
City Manager Prosser reviewed Council Letter No. 272
regarding an appeal of Peter Strot of the Hearing Examiners
denial of his request for a variance to the rear yard setback
requirements to allow the construction of a 30 foot x 16 foot
deck to the existing attached garage at 7501 Fremont Avenue.
Peter Strot, 7501 Fremont Avenue described the property and
the location of the proposed deck.
E.C. Edlefsen, 7437 Girard Avenue, spoke in support of the
variance request.
Mayor Quam suggested that staff review the setback issues
related to corner lots.
Council Meeting Minutes -5- November 14, 1988
M/Sandahl, S/Garcia to close the public hearing.
Motion carried 5-0.
M/Sandahl, S/Ludeman to reverse the Hearing Examiners denial
of this variance request and to grant a rear yard setback
variance to allow the construction of a 30 foot x 16 foot deck to
the existing attached garage at 7501 Fremont Avenue.
e
Motion carried 4-1. (Quam opposed)
Item #7 SECOND READING AND PIIBLIC HEARING OF AN ORDINANCE
AN~NDING THE CITY CODE RELATING TO THE RESTRICTION OF
PARKING OF TRIICR-TRACTORS, SEMI-TRAILERS,
TRIICR-TRACTORS/SEMI-TRAILER COMBINATIONS AND TRIICRS.
C.L. 273.
City Manager Prosser reviewed Council Letter No. 273
regarding a proposed ordinance amendment relating to the parking
of truck-tractors, semi-trailers, truck-tractors/semi-trailer
combinations and trucks.
Mayor Quam requested that the wording of the proposed
amendment read unloading or loading in Section III Subdivision
2(B) and Section V Subdivision 2(B).
Steve Nelson, 6915 Penn Avenue, stated concern that the
proposed ordinance would hurt local businesses.
Public 5.~fety Director Erskine reviewed the provisions of
the proposed uy~dinance as it relates businesses and how it
addresses the complaints of residents received regarding this
issue.
Dan Cardinal, 7144 Oliver Avenue, reviewed the reasons why
the .ordinance would be detrimental to his independent truck
business if he no longer can keep the truck in the community.
M/Ludeman, S/Garcia to close the public hearing.
Motion carried 5-0.
M/Kirsch, S/Ludeman t
Bill No. 1988-20, that it
and that it be made part o
Motion carried 5-0.
is constitute Second Reading of
lished in the official newspaper
e minutes.
Council Meeting Minutes
-6- November 14, 1988
Item #8 FIRST READING OF AN ORDINANCE A1~NDIKENT TO THE CABLE
TV RELIEF ORDINANC$. C.L. 274
City Manager Prosser reviewed Council Letter No. 274
regarding a resolution approving a settlement with the grantee
under the City's cable communications franchise, the stipulation
of settlement and release, and the Amendment to the Performance
Agreement; and first reading of a proposed ordinance amending
CATV Relief Ordinance 1985-12.
Adrian Herbst, Attorney for the Southwest Suburban Cable
Commission outlined the proposals.
M/Sandahl, S/Ludeman that the following resolution be
ed; that it be sAread in the resolution book and that
made
RESOLUTION NO. 7473
A RESOLUTION APPROVING A SETTLEMENT WITH THE GRANTEE
UNDER THE CITY'S CABLE COMMUNICATIONS FRANCHISE ORDINANCE
REGARDING THE EXTENSION OF THE TERM OF THE CATV RELIEF ORDINANCE,
BASED UPON CERTAIN MODIFICATIONS THEREOF,
TO A PROPOSED TRANSFEREE OF THE FRANCHISE FOR THE
CITY'S CABLE COMMUNICATION SYSTEM.
Motion carried 5-0. This resolution appears as Resolution
No. 7473 in Resolution Book No. 57.
M/Sandahl, S/Ludeman to ap rove execution of the stipulation
of settlement with Rogers and Grantee and the amendment to the
Performance Agreement; and this constitute the First Reading of
this ordinance and that the Public Hearing and Second Reading of
the ordinance be scheduled for the November 28, 1988 city council
meeting.
Motion carried 5-0.
Item #9 FIRST READING OF AN ORDINANCE AMENDMENT RELATING TO THE
PARKING OF IITILITY TRAILERS. C.L. 275.
City Manager Prosser reviewed Council Letter No. 275
regarding a proposed ordinance amendment relating to the parking
of utility trailers.
Leonard McNiece, 7539 Upton Avenue, stated many residents do
not have alleys to provide access to backyard areas.
City Manager Prosser stated that the proposed regulations
were already in force for recreational vehicles and these
standards were reasonable.
Council Meeting Minutes -7- November 14, 1988
Gene Fahey, 7321 Knox Avenue, asked about the Richfield Sun
Current article relating to recreational vehicles.
City Manager Prosser stated that the newspaper article
incorrectly indicated that the recreational vehicle regulations
would be changed.
M/Ludeman, 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 December 12, 1988 city
council meeting.
Motion carried 5-0.
Item #10 RESOLUTION DETERMINING RESIILTS OF THE CITY GENER_A~
ELECTION HELD ON TUESDAY, NOVEMBER 8, 1988. C.L. 276
City Manager Prosser reviewed Council Letter No. 276
regarding the results of the general election held on Tuesday,
November 8, 1988.
Administrative Services Director Devich and City Clerk
Ferber reviewed the conduct of the election and operation of the
voting equipment.
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 NO. 7474
RESOLUTION DETERMINING RESULTS OF GENERAL ELECTION
OF THE CITY OF RICHFIELD HELD ON TUESDAY, NOVEMBER 8, 1988
Motion carried 5-0. This resolution appears as Resolution
No. 7474 in Resolution Book No. 57.
Item #11 RESOLUTION SETTING DATE OF HEARING BEFORE THE
SOIITHWEST SUBURBAN CABLE COMMISSION ON THE PROPOSED
TRANSFER OF ROGER'S CABLESYSTEMS OWNERSHIP FOR
NOVEMBER 30, 1988. C.L. 277.
City Manager Prosser reviewed Council Letter No. 277
regarding approval of a resolution to set the date of a public
hearing before the Southwest Suburban Cable Commission Operating
Committee on the proposed transfer of ownership of Rogers
Cablesystems for November 30, 1988 at Edina City Hall.
City Attorney Dean amended the text of the resolution on
page 2, paragraph four; and page 3,~~~aragraph two striking the
word "shall" and replacing it with is intended to".
Council Meeting Minutes
M/Sandahl, S/Ludeman t
ed as amended; that it
that it be
0
-8- November 14, 1988
Llowing resolution be
in the resolution book and
RESOLUTION NO. 7475
A RESOLUTION APPROVING A JOINT PUBLIC HEARING
BEFORE THE SOUTHWEST SUBURBAN CABLE COMMISSION ON A
PROPOSED TRANSFER OF OWNERSHIP
RELATING TO THE CABLE COMMUNICATIONS FRPiNCHISE
FOR THE CITY OF RICHFIELD.
Motion carried 5-0. This resolution appears as Resolution
No. 7475 in Resolution Book No. 57.
Item #12 RESOLUTION APPROVING AN EXTENSION OF TIME FOR THE
EXECOTION OF TRANSFER DOCUMENTS FOR THE CABLESYSTEIK
SALE. C.L. 278
City Manager Prosser reviewed Council Letter No. 278
regarding a proposed resolution to extend the time for filing
documents of the proposed cablesystem sale to March 1, 1989.
M/Ludeman, S/Garcia
RESOLUTION N0. 7476
resolution be
hnnk and that i d- 1--A
RESOLUTION APPROVING AN EXTENSION OF TIME FOR THE
EXECUTION OF TRANSFER DOCUMENTS
Motion carried 5-0. This resolution appears as Resolution
No. 7476 in Resolution Book No. 57.
1
Item #13 RESOLUTION ESTABLISHING NOVEMBER 28, 1988 AS THE DATE
OF PUBLIC HEARING ON THE PROPOSED 70TH STREET AND PENN
REDEVELOPMENT PROJECT. C.L. 279
City Manager Prosser reviewed Council Letter No. 279
regarding a resolution to set the date of public hearing on the
proposed 70th Street and Penn Avenue Redevelopment Project for
November 28, 1988.
Council Meeting Minutes
-9- November 14, 1988
M/Kirsch, S/Sandahl that the following resolution be
ado ted; that it be s read in the resolution book and that it be
made part of these minutes:
RESOLUTION NO. 7477
RESOLUTION CALLING A PUBLIC HEARING ON THE
70TH STREET AND PENN AVENUE REDEVELOPMENT PROJECT
AND RESPECTIVE REDEVELOPMENT PLAN
Motion carried 5-0. This resolution appears as Resolution
No. 7477 in Resolution Book No. 57.
Item #14 REQUEST FOR AMENDMENT TO OFFSTREET PARKING PERMIT AT
6511. CEDAR AVENUE. C.L. 280
City Manager Prosser reviewed Council Letter No. 280
regarding a request by R.J. Ryan Construction, Inc. for an
offstreet parking permit at 6511 Cedar Avenue.
Ron Ryan, R.J. Ryan Construction, Inc., reviewed the
proposed use of the site and stated opposition to the proposed
stipulation to designate the three parking spaces in the front of
the building as customer parking.
Discussion followed regarding the allocation, location, and
number of parking spaces on the site.
M/Quam, S/Garcia to a rove the off-street parking permit at
6511 Cedar Avenue South with the following stipulations:
1. Two of the three parking spaces in the front of the
bu~.lding be specifically designated: one for
hanc~?_capped parking and one for customer parking, and
such s~aaces be installed and maintained for 30 degree
angle parking.
2. That two additional paved parking spaces be provided in
the rear yard with perimeter curbing except where such
curbing would have to be removed for later expansion of
the parking area.
3. A cash escrow should be provided in an amount
sufficient to cover the cost of the incomplete parking
lot improvements including landscaping, and such
landscaping amount should be held for one year to
ensure the viability of the landscaping. Such escrow
should be submitted before an occupancy permit is
granted.
Motion carried 4-1. (Ludeman opposed)
Council Meeting Minutes
-10- November 14, 1988
Item #15 ADTHORIZATION FOR THE CITY MANAGER TO PREPARE RETAINER
AGREEMENTS FOR THE PROVISION OF CORPORATE AND
PROSECOTION LEGAL SERVICES. C.L. 281
City Manager Prosser reviewed Council Letter No. 28I
recommending that the city council authorize the ~,~~.ecution of
retainer agreements with John Dean of the LeFevere, Lefler,
Kennedy, O'Brien & Drawz firm for the 1989 general corporate
legal services, and with Martin Costello of the Peterson, Bell,
Converse firm for the provision of 1989 prosecution services.
M/Sandahl, S/Kirsch to authorize the City Manager to pre
and execute retainer agreements with John Dean of the LeFevere
Lefler, Rennedy, O'Brien & Drawz firm for the 1989 general
corporate legal services, and with Martin Costello of the
Peterson, Bell, Converse firm for the provision of 1989
rosecution services.
Motion carried 5-0.
Item #15A CONSIDERATION OF AN APPOINTMENT TO THE ADVISORY BOARD
OF HEALTH
Council Member Kirsch stated that there was a vacancy on the
Advisory Board of Health due to a resignation.
M/Kirsch, S/Sandahl to approve the appointment of Ann Zilka
to the Advisory Board of Health for a term to expire January 31,
1989.
Motion carried 5-0.
Item #16 CORRESPONDENCE/LEGISLATIVE REPORT
Mayor Quam reported on the activities of the Transportation
Advisory Board regarding MSP Airport options.
Item #17 COIINCIL DISCUSSION ITEMS
None
I
i
u
Council Meeting Minutes
-11- November 14, 1988
Item #18 CLAIMS AND PAYROLLS
M/Sandahl, S/Ludeman that the following claims and payrolls
be approved:
RICHFIELD STATE BANK
Checks 10699-10788; 99639-9995.7
FIRST MINNESOTA
Check 1079
FIRST WESTERN BANK
$1,199,511.47
$ 25,000.00
Checks 4605-4638 $
Checks 19843-19875; 19880-20239 Payroll $
Checks 20240-20274; 20361-20717 Payroll $
Motion carried 5-0.
1
IC
ADJOURNMENT
The meeting was adjourned at 9:27 p.m.
Date Approved : 11 / 28/88
T omas P. Ferber
City Clerk
J.
957,710.28
301,067.66
299,481.68
Mayor
!:
Ja D. Prosser
Ci Manager