05-22-1989CITY OF RICHFIELD, MINNESOTA
REGULAR CITY COUNCIL MEETING
May 22; 1989
MEMBERS PRESENT: Steven Quam, Mayor; Edwina Garcia; Ivan
Ludeman; Michael Sandahl; and Martin Kirsch.
STAFF PRESENT: James Prosser, City Manager; Steven Devich,
Acting 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 ?:00 p.m.
PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE
Mayor Quam led the audience in the Pledge of Allegiance.
APPROVAL OF MINUTES
M/Sandahl, S/Kirsch to approve the minutes of the Board of '
Review Meeting of May 8 1989• and the minutes of the regular
City Council Meeting of Mav 8 1989.
Motion carried 5-0.
Item #1 OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL
ON ANY ITEM NOT LISTED ON THE AGENDA.
No one wished to address the council.
Item #2 COUNCIL APPROVAL OF AGENDA
M/Ludeman, S/Kirsch to aporove the agenda.
Motion carried 5-0.
Council Meeting Minutes -2- May 22, 1989
Item #3 CONSENT CALENDAR
A. APPROVED THE PURCHASE OF FIREWORKS FOR FOURTH OF JULY
CELEBRATION. C.L. 117
B. APPROVED PURCHASE IN THE AMOUNT OF $11,136 FOR STREET
LIGHT HASES AND POLES. C.L. 118
C. APPROVED PURCHASE IN THE AMOUNT OF $8,926 FOR ASPHALT
FOR CRACK SEALING AND PATCHING. C.L. 119
D. APPROVED PURCHASE OF PUMP, COLUMN, PUMP BASE AND
INSTALLATION OF PUMP NO. Z IN THE AMOUNT OF $6885.
C.L. 120
E. APPROVED RESOLUTION APPROVING RICHFIELD'S MEMBERSHIP IN
THE HENNEPIN COUNTY ECONOMIC DEVELOPMENT CONSORTIUM.
C.L. 121
RESOLUTION NO. 7516
JOINING THE HENNEPIN COUNTY ECONOMIC DEVELOPMENT. CONSORTIUM
This resolution appears as Resolution No. 7516 in Resolution
Hook No. 57.
F. APPROVED ESTIMATE NO. 6 FOR C.P. 799 ACADEMY OF THE
HOLY ANGELS PHASE II FIRE & LIFE SAFETY RENOVATION -
GORHAM OIEN MECHANICAL CONTRACTORS $12,987.68.
G. APPROVED NEW LICENSE APPLICATION FOR MECHANICAL
AMUSEMENT DEVICES, STARCARDS BASEBALL PRODUCTS, 224
WEST 66TH STREET.
H. APPROVED ESTIMATE N0. 3 LINO LAKES NURSERY, C.P. 837
ILN IMPROVEMENTS $4,451.70
I. APPROVED FINAL ESTIMATE, H & H WATERTOWER, INC. FOR
WATER PLANT PAINTING, $16,777.60
M/Sandahl, S/Garcia to approve the consent calendar.
Motion carried 5-0.
Council Meeting Minutes -3- -May 22, 1989
Item #4 LICENSE APPLICATION FOR ON-SALE WINE AND NON-
INTOXICATING MALT LIQUOR FOR MOTEL 6 RESTAURANT, 7640
CEDAR AVENUE. C.L. NO. 122 '
Public Safety Director Erskine reviewed Council Letter No.
122 regarding approval of on-sale wine and non-intoxicating malt
liquor license for Motel 6 Restaurant d/b/a Das Stuberl, 7640
Cedar Avenue.
No one wished to speak at the hearing.
M/Sandahl, S/Ludeman to close the public hearing.
Motion carried 5-0.
M/Sandahl, S/Quam to approve the granting of the 1989
on sale and non-intoxicating malt liquor license for Motel 6
Restaurant d/b/a Das Stuberl 7640 Cedar Avenue.
Motion carried 5-0.
Item #5 SECOND READING OF AN ORDINANCE AMENDMENT PROHIBITING
THE PARKING OF VEHICLES WITHIN 30 FEET OF AN
INTERSECTION WITHOUT A CROSSWALK. C.L. NO. 123
City Manager Prosser reviewed Council Letter No. 123
regarding a proposed ordinance amendment which would prohibit the
parking of vehicles within 30 feet of an intersection without a
crosswalk.
No one wished to speak at the hearing.
M/Ludeman, S/Sandahl to close the public hearing.
Council Member Ludeman stated this was a good safety item
for the City and that it was important residents be made aware of
this new ordinance.
Motion carried 5-0.
M/Ludeman, S/Kirsch that this constitute Second Reading of
Bill No 1989 7, that it be published in the official newspaper
and that it be made part of these minutes.
Motion carried 5-0.
Council Meeting Minutes -4- May 22, 1989
Item #6 CONSIDERATION OF A REQUEST FOR A CONDITIONAL USE PERMIT
TO CONSTRUCT A TWIN HOME AT 7001 PORTLAND AVENUE.
C.L. NO. 124
City Manager Prosser reviewed Council Letter No. 124
regarding a request by John Oksness for a conditional use permit
to allow the construction of a twin home in a 'R' residential
zoned district at 7001 Portland Avenue.
City Manager Prosser indicated that this item and item #7
regarding final plat for the subdivision were two separate
issues, but could be considered together.
John Oksness, 7444 4th Avenue South, stated that the two
issues to be considered were a conditional use permit for the
twin home and the replatting of the property. He stated if he
couldn't accomplish the replat then the project, as proposed,
would not go forward.
City Manager Prosser stated the City was concerned that
there is currently no plan for the subdivision of the lot. He
indicated this subdivision would require a variance.
Mr. Oksness responded that he understood and wished to
proceed on that course. He added that he was having difficulty
developing a common area subdivision for the two lots.
Council Member Ludeman stated his support of the variance
for the subdivision of the lot into two lots.
Council Member Sandahl questioned if the variance was
related to the minimum lot size issue.
City Manager Prosser responded that lot size and sideyard
setbacks would be under consideration for this variance. He
stated the applicant would have to prove the unique situation
which would necessitate the subdivision.
Council Member Sandahl indicated the need to consider the
conditional use permit to give the applicant maximum flexibility
to proceed in the future.
Council Member Kirsch stated he owned the house next to this
project and wishes to point out that this project would protrude
15 feet further toward the street than the adjoining properties.
He stated he was not opposed to improvement of the property, dust
the property setback.
Council Meeting Minutes -5- May 22, 1989
f
Council Member Sandahl asked the applicant if the building
could be set back further from the street.
Mr. Oksness responded he would be willing to make some
changes to meet setback requirements.
City Attorney Dean stated that the conditional use permit
simply allows a two family dwelling on this lot, but does not
permit the subdivision and sale of the property as two lots.
M/Sandahl, S/Garcia to close the public hearing.
Motion carried 5-0.
1
City Manager stated the two-family dwelling with common area
would work, but that the subdivision could create other problems.
Connie Murray, Planning Commission Chairperson, stated that
the Planning Commission had discussed setbacks and the
subdivision was not a problem. She stated however, Mr. Kirsch
did not bring up his concern at the meeting.
Mayor Quam asked whether subdividing into two separate lots
has ever been done before in a 'R' residential district.
Community Development Director Wallace stated it had been
done before, but not with a corner lot. He stated a common
element subdivision had been used to divide a townhome lot.
Mayor Quam suggested city staff investigate a model
ordinance to address concerns regarding subdivisions and setback
requirements.
Council Member Ludeman recommended dealing with this issue
through the variance process.
Council Member Sandahl agreed with using the variance
process and that this subdivision is a specific case.
Council Member Kirsch reviewed his concerns and suggested
adding the following stipulations to the motion:
1. Removal of weeping willow tree in southwest corner and
replace.
2. Possible installation of underground utilities.
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Council Meeting Minutes -6- May 2Z, 1989
M/Sandahl, S/Ludeman to approve a conditional use permit to
construct a twin home at 7001 Portland Avenue with the following
stipulations:
1. That the 22-0" driveway be reduced to a size no more
than 20'-0" in order to comply with the City ordinance.
2. That the proposed structure meet all applicable City
building and safety code requirements.
3. Removal of weeping willow tree in southwest corner and
replace.
4. Installation of underground utilities, unless
underground installation of utilities proves not to be
feasible.
Motion carried 3-2. (Quam and Kirsch opposed)
Item #7 CONSIDERATION TO GRANT A FINAL PLAT FOR THE SUBDIVISION
OF A PROPERTY LOCATED AT 7001 PORTLAND AVENUE (REQUEST
TO CONTINUE) C.L. NO. 125
City Manager Prosser recommended continuance of the public
hearing for granting a final plat for the subdivision of a
property at 7001 Portland Avenue.
M/Quam, S/Ludeman to continue the public hearing for
granting a final plat for the subdivision of a property at 7001
Portland Avenue until staff consideration is recommended.
Motion carried 5-0.
Item #8 APPROVAL OF MINUTES AND AWARD OF CONTRACT FOR
VETERANS IriEMORIAL PARK PARKING LOT, PATHWAYS, AND GOLF
COURSE ROAD. C.L. NO. 126
City Manager Prosser reviewed Council Letter No. 126
recommending the award of contract for paving of path and parking
lot, including curb and gutter work, at Veterans Memorial Park of
Richfield and paving of driveway and parking lot at Rich Acres
Golf Course.
M/Ludeman, S/Kirsch to approve the bid tabulation/minutes
and award to contract for Veterans Memorial Park ,parking lot
pathways, and Golf course road.
Motion carried 5-0.
Council Meeting Minutes -7- May 22, 1989
Item #9 CONSIDERATION TO ACCEPT STIPULATION AND CONSENT TO
AMENDMENTS TO CONDEMNATION, STATE OF MINNESOTA VS PARK
INN, CONDEMNATION PETITION. C.L. NO. 127
City Manager Prosser reviewed Council Letter No. 127
regarding consideration of a stipulation and consent to
amendments to condemnation petition and stipulation regarding
condemnation.
Mayor Quam questioned why the St. Paul Port Authority is
involved in this condemnation.
Jim Prest, Attorney for John Prest, stated that John Prest
borrowed 1 million dollars from St. Paul Port Authority for a
project in St. Paul. In return the Park Inn was used as security
on the loan.
M/Ludeman, S/Kirsch to a~orove the stipulation and consent
amendments to condemnation, State of Minnesota vs Park Inn.
condemnation petition; a stipulation settling the condemnation;
and agreement to the award.
Motion carried 5-0.
Item #10 CONFIRMATION OF HOUSING INSPECTION ORDINANCE REVIEW
COMMITTEE MEMBERS. C.L. NO. 128
City Manager Prosser reviewed Council Letter No. 128
regarding confirmation of members on a property maintenance
ordinance committee.
Council Member Ludeman inquired why Pastor John Chell was
proposed as a committee member when he is not a tenant
representative.
City Manager Prosser responded that no tenant indicated a
desire to be on the committee.
Mayor Quam stated that Pastor Chell spoke to the issue of
housing maintenance at a recent public meeting and seemed very
informed about the subject.
Council Member Garcia stated she felt that a tenant could be
swayed by their landlord.
_ Council Member Ludeman stated that he wanted to add Ernie
Lindstrom to the committee.
Council Member Garcia stated that she spoke to Mr. Lindstrom
and he recommended George Seltz to serve on the committee instead
of himself.
Council Meeting Minutes -8- May 22, 1989
Public Safety Director Erskine said that it was his
understanding that Mr. Lindstrom suggested Mr. Seltz to serve on
the committee.
M/Garcia, S/Quam to approve the following to serve on the
proper maintenance ordinance committee:
Tom Harms
George Seltz
Bernie Mittelsteadt
Ken Kunz
Pat Rickert
Jane Butterfield
Pastor John Chell
Motion carried 5-0.
M/Ludeman, S/Kirsch to amend the motion to add Ernie
Lindstrom and a tenant representative to be determined later by
the City Manager.
Council Member Sandahl stated that Mr. Lindstrom would be a
reasonable addition to the committee and tenants should be
represented.
Mayor Quam stated that Mr. Lindstrom came to the council
with a strong desire to draft the language of the ordinance,
therefore he would be uncomfortable with Mr. Lindstrom on the
committee. He stated there appears to be an effort towards
partisanship.
Council Member Garcia stated that it seemed like the slate
is leaning towards partisanship.
Council Member Sandahl stated with Mr. Harms as Chair, he
sees no problem with Mr. Lindstrom on the committee.
Council Member Garcia indicated these meetings will be open
to everyone.
Mayor Quam stated he was committed to a unified approach to
appointing this committee and dealing with the issue.
Motion carried 5-0.
The original motion was therefore amended to include the
appointment of Ernie Linddtrom and a tenant representative to be
determined later by the City Manager.
Item #11 LEGISLATIVE REPORT
City Manager Prosser stated that he was concerned about a
number of bills. He stated City staff has been in contact with
our legislators.
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Council Meeting Minutes -9- May 22, 1989
Item #12 COUNCIL DISCUSSION ITEMS
Mayor Quam stated Councilmembers had received an invitation
to a groundbreaking on May 25 for Childrens Palace at the Hub.
Council Member Ludeman stated that neighbors talked to him
concerning the dandelions in Veterans Memorial Park. He said the
City must do a better fob of controlling weeds in our parks.
Item #13 CLAIMS AND PAYROLLS
M/Ludeman, S/Sandahl ghat the following claims and payrolls
be approved:
RICHFIELD STATE HANK
Checks 11477-11533; 103456-103693 $ 715,345.38
FIRST MINNESOTA
Check 1090 $ 12,000.00
FIRST WESTERN BANK
Checks 4945-4967 $ 740,830.70
Checks 25607-25641.; 25645-26017 Payroll $ 320,706.06
Motion carried 5-0.
ADJOURNMENT
The meeting was adjourned by unanimous
Date Approved : 6 / 12 /8 9
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Acting City Clerk
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Qt~fti l/ Mayor
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