05-08-1989CITY OF RICHFIELD, MINNESOTA
REGULAR CITY COUNCIL MEETING
May 8, 1989
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
Council Member Ludeman asked that the first paragraph on
page 8 of the April 24, 1989 minutes be amended to state .three
story housing instead of two story housing.
M/Ludeman, S/Kirsch to approve the minutes of the Studv
Session Meeting of May 1, 1989; and the minutes of the regular
city Council Meeting of April 24 1989 as amended.
Motion carried 5-O.
M/Quam, S/Garcia to approve the minutes of the Board. of
Review Meeting of May 1. 1989.
Motion carried 5-0.
Item *1 PRESENTATION BY THE RICHFIELD HUMAN RIGHTS COMMISSION
OF THE GENE JACOBSEN CITIZEN OF THE YEAR AWARD TO MARK
ERSPAMER. C.L. N0. 105
Gordon Anderson, Chair of the Human Rights Commission,
reviewed the history of the Gene Jacobsen Citizen of the Year
Award.
Council Meeting Minutes -2- May 8, 1989
Jean Fox, Human Rights Commission member, reviewed the
accomplishments of Mark Erspamer, the recipient of the 1988 Gene
Jacobsen Citizen of the Year Award.
Gordon Anderson read and presented a plaque to Mr. Erspamer
recognizing him as the 1988 Gene Jacobsen Citizen of the Year.
Item #2 PRESENTATION OF PROCLAMATION SUPPORTING CIVIC
CONSCIOUSNESS TO RICHFIELD DECA STUDENTS. C.L. NO. 105
Mayor Quam read and presented a proclamation recognizing the
Richfield DECA Chapter for their Civic Consciousness to DECA
student Jason Snyder.
Item #3 OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON
ITEMS NOT LISTED ON THE AGENDA.
Harry Novak, 6501 3rd Avenue, expressed dissatisfaction with
the topsoil quality and sod installed on his boulevard after a
1986 storm sewer project. He asked that the City Council
consider replacement of this topsoil and sod.
City Manager Prosser stated that the Community Services
Department had taken core samples of the topsoil on 3rd Avenue in
response to the concerns expressed by several residents. He
stated that the cores indicate that the topsoil meets the
specifications. He stated that it is the recommendation of city
staff that the City not replace this sod. He indicated that it
was the drought in 1988 which resulted in the turf damage and
that it would set a bad precedent replacing sod so long after
installation.
Floyd Sandell, 6737 3rd Avenue, disputed the core sample
results and reviewed his complaints regarding the topsoil and
sod.
Council Member Ludeman stated that there appeared to be an
inspection problem and that the City Council needs to do
something to resolve the complaints regarding the sod on 3rd
Avenue.
Mayor Quam suggested that the Community Services Commission
review the issues related to this situation and make a
recommendation to the City Council.
Council Member. Ludeman suggested that the City Council
review the matter at a Study Session.
Council Meeting Minutes -3- May S, 1989
Council Member Sandahl stated it is difficult to determine
after two years exactly what happened. He stated there is a need
to determine the entire extent of such problems. He said he
preferred that the Community Services Commission review this
matter and report to the council for the final decision.
After further discussion, it was the general consensus of
the City Council to refer this issue to the Community Services
Commission for review and recommendation for City Council action.
Council Member Kirsch read and presented a plaque received
by the City from Hennepin County recognizing the city's
implementation.of recycling programs. He commended the citizens
of Richfield and the Energy Awareness Commission for their
support of recycling.
Item #4 COUNCIL APPROVAL OF AGENDA
M/Ludeman, S/Sandahl to approve the a eg nda.
Motion carried 5-0.
Item #5 CONSENT CALENDAR
Council Member Ludeman requested that Consent Calendar item
#5C, Consideration of Approval of Contract for the Purchase of
Recycling Containers, be placed on the regular agenda.
Mayor Quam stated that Consent Calendar item #5C would be
removed from the Consent Calendar and placed on the regular
agenda as Item #11A.
A. APPROVED APPLICATION FOR GAMBLING LICENSE FOR FRED
BABCOCK VFW POST 5555, AND REQUEST FOR FEE WAIVER OF
INVESTIGATIVE FEES. C.L. 107
B. APPROVED PURCHASE IN THE AMOUNT OF $5,707 FOR REPAIR OF
ENGINE NO. 82. C.L. 108
C. Removed from Consent Calendar and placed on regular
agenda as Item #11A.
D. APPROVED ESTIMATE NO. 9 FOR CP799 ACADEMY HOLY ANGELS
PHASE II FIRE & LIFE SAFETY RENOVATION - METRO BUILDING
SYSTEMS, $23,910.
E. APPROVED ESTIMATE N0. 3 FOR CP799 ACADEMY HOLY ANGELS
PHASE II FIRE & LIFE SAFETY RENOVATION - CODE ELECTRIC
$6,312.30
Council Meeting Minutes -4- May 8, 1989
F. APPROVED ESTIMATE N0. 10 FOR CP799 ACADEMY HOLY ANGELS
FIRE & LIFE SAFETY RENOVATIONS - METRO BUILDING SYSTEMS
$9,355.50
G. APPROVED RENEWAL OF AUTO DETAILING LICENSE FOR STEVES
DETAILING, 7301 PENN AVENUE.
H. APPROVED MOTEL LICENSE, MOTEL 6, 7640 CEDAR AVENUE.
I. APPROVED NON-INTOXICATING MALT LIQUOR LICENSE (NEW)
FOR GATEWAY FOODS, 6530 PILLSBURY AVENUE.
M/Ludeman, S/Garcia to approve the consent calendar as
amended.
Motion carried 5-0.
Item #6 REQUEST TO CONTINUE HEARING FOR A CONDITIONAL USE
PERMIT FOR EXPANDED RETAIL SALES/DRIVE THRU CAR WASH,
TOTAL PETROLEUM, 7645 LYNDALE AVENUE. C.L. NO. 110
City Manager Prosser reviewed Council Letter No. 110
regarding a request by Total Petroleum, 7645 Lyndale Avenue, for
a continuation of the hearing for a conditional use penait to
allow expanded retail sales; a new detached accessory drive-thru
car wash facility on the northern portion of the property; and a
reduction in the size of the existing building from approximately
2,088 square feet to 1,176 square feet.
Council Member Kirsch expressed concern if the applicant
substantially changes the proposal to address the concerns of the
Planning Commission, which recommended denial of the permit, that
the public be given a chance to review the revised proposal.
He stated if the plan is revised, it may need to be•reviewed
again by the Planning Commission.
Discussion followed regarding the options and timing for
rescheduling. It was the consensus of the council to continue
the public hearing to June 26, 1989, which would provide time for
Planning Commission review if necessary.
M/Ludeman, S/Kirsch to continue the public hearing o~ n the
conditional use permit for Total Petroleum, 7645 Lyndale Avenue
to the June 26 1989 Citv Council Meeting.
Motion carried 5-0.
Council Meeting Minutes -5- May 8, 1989
Item ~7 SECOND READING OF AN ORDINANCE RELATING TO PREPARATION,
COLLECTION, AND DISPOSAL OF GARBAGE, REFUSE, YARD WASTE
AND RECYCLABLE MATERIALS. C.L. NO. 111
City Manager Prosser reviewed Council Letter No. 111
regarding a proposed amendment to the city code repealing Section
601 and enacting a new Section 601 relating to preparation,
collection, and disposal of garbage, refuse, yard waste, and
recyclable materials.
Lawrence Wozniczka, 6744 Wentworth Avenue, inquired whether
private haulers will still serve Richfield, who will pick up the
recyclables, and if there will be additional costs.
City Manager stated that the City wished to maintain the
free market system for garbage collection. Mr. Prosser said that
the private haulers will pick up the recyclables. He stated the
costs of garbage collection is a matter between the hauler and
the resident; however, tipping fees are going up dramatically.
Don Erickson, owner of an apartment building at 7413 Penn
Avenue, asked if multi-family units would have to recycle.
City Manager Prosser stated that the proposed ordinance did
not require multi-family units to recycle but that the trash
haulers may initiate it sometime in the future.
Jane Schoewe, a member of the Energy Awareness Commission,
advocated special provisions be put in the ordinance to include
support for the recycling efforts of volunteer groups.
Larry Zielke, Chairperson of the Energy Awareness
Commission, stated that the Commission had reviewed the proposed
ordinance and supported it as a positive step to address
recycling goals.
Don Buck, a member of the Energy Awareness Commission,
stated concerns that this ordinance could be detrimental to the
volunteer group recycling projects.
Discussion followed regarding the potential of amending the
ordinance to clarify the role of volunteers in the recycling
program. It was the consensus of the council that the best
approach would be for the council to approve the ordinance
tonight and to have the Energy Awareness Commission review the
ordinance with the staff and city attorney to propose an
amendment, if appropriate, regarding the volunteer group
recycling.
M/Ludeman, S/Sandahl to close the Dublic hearing.
' Motion carried 5-0.
Council Meeting Minutes -6- May 8, 1989
M/Kirsch, S/Sandahl that this constitute Second Reading of
Hill No. 1989-6_ that it be Dublished in the official newspaper
and that it be made part of these minutes: and that the Energy
Awareness Commission review this ordinance for possible amendment
regarding volunteer group varticipation related to recycling.
Motion carried 5-0.
Item #8 PUBLIC HEARING FOR A FINAL PLAT TO UNIFY SEVERAL
PROPERTIES LOCATED AT HOPE PRESBYTERIAN CHURCH, 7132
PORTLAND AVENUE. C.L. NO. 112
City Manager Prosser reviewed Council Letter No. 112
regarding consideration of a final plat for the unification of
several properties located at Hope Presbyterian Church, 7132
Portland Avenue.
M/Ludeman, S/Sandahl to close the public hearing.
Motion carried 5-0.
M/Ludeman, S/Sandahl to approve the final plat as submitted
for the unification of the parcels located at 7132 Portland
Avenue Hope Presbyterian Church.
Motion carried 5-0.
Item #9 FIRST READING OF AN ORDINANCE RELATING TO PERIODIC
PROPERTY MAINTENANCE INSPECTIONS OF RENTAL PROPERTIES
AND POINT OF SALE INSPECTIONS FOR OWNER OCCUPIED
PROPERTIES. C.L. NO. 113
City Manager Prosser reviewed Council Letter No. 113
regarding a proposed ordinance which would require the licensing
and periodic inspections of rental property and point of sale
inspections for owner occupied properties.
Thomas Harms, 6400 Morgan Avenue, Chairperson of the HRA,
reviewed the mission of the HRA. He stated that the HRA voted
4-1 to recommend adoption of this ordinance. He stated that the
ordinance would serve as a tool to help assure the maintenance of
the housing stock in Richfield.
Debra Olsen, 4220 Valley View, owner of 6901 Penn Avenue,
spoke in opposition to the proposed ordinance saying it would be
an invasion of privacy.
Council Meeting Minutes -7- May 8, 1989
Prudence Meyer, 8235 Park Knoll Circle, owner of 7521 Penn
Avenue, stated that the frequency of inspection was not necessary
and that a longer period should be provided to make corrections.
.Dennis Dietz, Attorney representing Ken Kunz, 2910 West 78th
Street, owner of 6745 Pleasant Avenue, spoke in opposition to the
frequency of inspections and suggested that the HRA conduct more
hearings to receive input from landlords.
Sid Sanford, 7000 Portland Avenue, spoke in opposition to
the proposed ordinance stating that he thought it was a revenue
producing device, that qualified inspectors could not be obtained
at the suggested salary, and that the Director of Public Safety
was not qualified to handle appeals.
Richard Adkins, 603 Lake Street, representing Premier
Properties, owner of 15 buildings in Richfield, stated that
additional inspections are not necessary because insurance, fire
and HRA inspections are already being done.
Ken Kunz, 2920 West 78th Street, spoke in opposition to
additional .inspections and urged that further opportunity be
given for input from apartment owners.
Edward Gerszewski, 7426 12th Avenue, owner of 6837-39
Lyndale Avenue, expressed concern about crime in apartments and
cooperation between the inspectors and police.
Ernest Lindstrom, 7406 Fremont Avenue, reviewed the goals of
the Citizens for a Quality Community Committee (CQC). He
indicated that the committee would be willing to help in seeking
solutions for addressing housing maintenance issues. He
advocated additional time for discussion and input regarding this
ordinance. He stated that we should seek a solution which
creates no greater burden on owners or citizens.
Jane Schoewe, 7601 Logan Avenue #103, stated that as a
renter she felt the ordinance would bring discipline to the
landlords to keep up their buildings.
Lynn Grage, Edina, owner of an apartment building at 64th
Street and Pleasant Avenue, spoke in opposition to the proposed
ordinance.
Don Erickson, Apple Valley, owner of 7413 Penn Avenue, spoke
in opposition to the proposed ordinance.
Mary Kay Erickson suggested that citations be used against
the landlords who do not keep up their buildings. She asked
about the survey that indicated Richfield residents supported a
housing maintenance program.
City Manager Prosser read and reviewed the results of the
Decision Resource's Ltd. survey questions relating to this issue.
' Council Meeting Minutes -8- May S, 1989
Fire Chief Coughlin stated that the proposed salary for
inspectors was comparable to other communities and stated
electrical inspections are done by the electrical inspector at
the time of installation.
City Manager Prosser stated that the proposed ordinance is
modeled after successful existing ordinances in other communities
and is preventative in nature to provide long term benefit in the
maintenance of housing in the community.
Council Member Sandahl suggested that the frequency of
apartment inspections be reviewed and that the Minneapolis system
of using private contractors be examined.
Council Member Garcia stated that this type of ordinance
could be beneficial for the community and stated support for
giving interested groups and citizens a further chance to
scrutinize the proposed ordinance.
Council Member Kirsch stated he had some concerns about the
ordinance and would like to provide more time to allow a group
like CQC to review it and receive more input from landlords.
Council Member Ludeman stated that he opposes this proposed
ordinance because of the licensing aspect, appeal process, and
required additional staff. He stated that properties with
problems can already be identified and need to be addressed. He
stated that landlords and the citizen group should be used to
review and work out different options.
M/Ludeman, S/Kirsch to send this proposed ordinance to a
citizens committee made up of landlords, tenants, and other
interested citizens, as recommended by staff and to be approved
by the council, to review and amend so that it is acceptable to
this council and the community at large.
Council Member Sandahl stated he supported approving first
reading of this ordinance and then to receive further input prior
to making the final decision.
Discussion followed regarding the relationship and time
frame between first and second reading of an ordinance.
Mayor Quam stated that property maintenance is an important
issue with several d~ifferant solutions. He suggested that the
HRA could hold hearings and work with the interested groups in
seeking the best alternative.
Council Member Garcia stated that the City Council needs to
act to resolve the issue.. She indicated the League of Women
Voters would also be reviewing this issue.
Council Member Sandahl suggested the possibility of using
the Planning Commission instead of the HRA to serve a role in
receiving input and reviewing the ordinance.
Council Meeting Minutes -9- May 8, 1989
Thomas Harms, HRA Chairman, stated that the HRA could
attempt to build a coalition with some agreement on what might be
acceptable options.
After Council discussion about options in fonaing a
committee to review this ordinance, Council Member Ludeman
amended his original motion, with the concurrence of Council
Member Kirsch, who had seconded the motion. The amended motion
is as follows:
M/Ludeman, S/Kirsch that this constitute first reading of an
ordinance amendment to the Ordinance Code of the City of
Richfield which would add a new section 405.25. Inspection and
Licensing of Apartment Houses and Rental Homes and a new Section
405.26 Certificate of Housing Maintenance Compliance for single
and two family homes; that the City Manager is directed to
provide a proposed list of citizen committee members to the City
Council for approval by June 5, 1989; that the committee will
review this ordinance, receive input. review options and report
to the City Council: and that the date of Second Reading not be
designated at this time.
Motion carried 5-0.
1
Item X10 CONSIDERATION OF REQUEST FOR AN OFFSTREET PARKING
PERMIT, 6613 PENN AVENUE, TO OPERATE A DRY CLEANING
SERVICE. C.L. N0. 114
City Manager Prosser reviewed Council Letter No. 114
regarding a request by William Sharpe, Jr. for an offstreet
parking permit for a proposed dry cleaning business at 6613 Penn
Avenue.
Council Member Kirsch asked about odors, fencing, signage,
and landscaping issues related to this development.
City Manager Prosser stated that the applicant must meet all
of the requirements regarding these issues.
MjLudeman, S/Sandahl to approve an offstreet parking hermit
for 6613 Penn Avenue for the operation of a dry cleaning
business.
Motion carried 5-0.
Council Meeting Minutes
-10-
May 8, 1989
Item x#11 CONSIDERATION OF A RESOLUTION REQUESTING HENNEPIN
COUNTY TO GRANT A STORM SEWER EASEMENT FOR IMPROVEMENTS
TO THE PROPERTY AT 6945 PENN AVENUE.
City Manager Prosser reviewed Council Letter No. 115
regarding oonsideration of a resolution requesting Hennepin
County to grant a storm sewer easement nt 6945 Penn Avenue. He
recommended that action on this item be deferred and rescheduled
because of a pending ownership change of this property.
M/Sandahl, S/Kirsch to defer oonsideration of a resolution
requesting Hennepin County grant a storm sewer easement for
improvements to_the__pro~y at 6945 Penn Avenue.
Motion carried 5-0.
Item ~11A AWARD POF CONTRACT FOR APPROXIMATELY 11,000 PLASTIC
RECYCLING CONTAINERS FOR DISTRIBUTION TO SINGLE FAMILY
AND DUPLEX HOUSEHOLDS IN RICHFIELD.
City Manager Prosser reviewed Council Letter No. 109
recommending the award of contract for approximately 11,000
recycling containers to Ellison Equipment Company (for Lewis
Systems) in the amount of $68,200.
Lawrence Wozniczka, 6744 Wentworth Avenue, inquired as to
the size of the container.
Community Services Director Fondrick stated the container's
dimensions are 24" x 20" x 12".
Discussion followed regarding the impact of recycling on the
costs of garbage collection. It was noted that replacement of
the recycling container will be the responsibility of the trash
hauler and/or the homeowner.
Hruce Leithead, Shamrock industries, reviewed the features
of his company's recycling container.
Hob Ellison, Ellison Equipment Company, reviewed the
features of his company's recycling container.
1
Discussion followed regarding the extra costs associated
with the Shamrock Industries container.
Council Meeting Minutes -11- May 8, 1989
M/Sandahl, S/Garcia ,;~.~gp*'^s'° the bid tabulation/minutes
and award to contract for epproximate~.v 11 000 recycling
conta~ne=-s to Ellison Equipment Comn~}ry (for Lewis Systems) in
the amount of 868 200.
Motion carried 5-0.
Item #12 LEGISL*TIVE REPORT
City Manager Prosser reviewed the status of pending
legislation regarding Tax Increment Financing and property taxes.
Item #13 COUNCIL DiSCUSSiON ITEMS
None
Item #14 CLAIMS AND PAYROLLS
M/Sandahl, S/Ludeman *~+A'* the following claims and payrolls
be Reproved:
RICHFIELD STATE BANK
Checks 11411-11476; 103144-103452 $898,765.50
FIRST MINNESOTA
Check 1089 $ 20,000.00
FIRST WESTERN BANK
Checks 4919-4944 $369,436.58
Checks 25219-25248; 25253-25601 Payroll $324,786.14
Motion carried 5-0.
BDJOURNMENT
The meeting was adjourned by unanimous
at
p.m.
Date Approved: 5/22/89
c
Thomas P. Ferber
City Clerk
ar. say
Manager
:~~