07-24-1989CITY OF RICHFIELD, MINNESOTA
REGULAR CITY COUNCIL MEETING
July 24, 1989
MEMBERS PRESENT: Steven Quam, Mayor; Edwina Garcia; Ivan
Ludeman; and Martin Kirsch.
MEMBERS ABSENT: Michael Sandahl
STAFF PRESENT: Steven Devich, Acting City Manager; Thomas
Ferber, City Clerk; Donald Fondrick,
Community Services Director; Byron Wallace,
Community Development Director; Jack Erskine,
Public Safety Director; William Fillmore,
Liquor Operations Director; Bill Suech,
Police Lieutenant; 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/Garcia to approve the minutes of the regular
City Council Meeting of July 10. 1989.
Motion carried 4-0.
Item #1 OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL
ON ANY ITEM NOT LISTED ON THE AGENDA.
A member of the audience inquired if there were plans to
survey the New Ford Town neighborhood regarding potential changes
to the area as discussed at a neighborhood meeting.
Byron Wallace, Community Development Director, stated that
various alternative methods, are being reviewed for receiving
further input from the neighborhood.
Mayor Quam requested that the city staff present the
alternatives and recommendations to the council at the next study
session. He indicated the council would then consider the issue
at a August regular council meeting.
Council Meeting Minutes -2- July 24, 1989
Janet Krulich, 6328 19th Avenue, asked the status of plans
for the New Ford Town area.
Mike Krulich, 6328 19th Avenue, asked what the next step
would be if there is a consensus to acquire the property for
redevelopment.
Mayor Quam stated that the City must seek alternative
funding sources since the amount needed to acquire all the
properties is beyond the capability of the City. He stated
discussions are being held with MAC, FAA, and developers to
explore options.
Council Member Ludeman stated that any future plans for the
area will include input of the residents. He stated the
financing for any change is the key issue.
Don Cederholm, 6214 5th Avenue, requested that the council
consider the installation of a traffic signal at 64th Street and
Portland Avenue.
Mayor Quam stated that the request would be referred to the
Traffic Control Committee for consideration.
Council Member Ludeman noted that Portland Avenue was the
jurisdiction of Hennepin County.
Item #2 COUNCIL APPROVAL OF AGENDA
M/Kirsch, S/Garcia to approve the agenda.
Motion carried 4-0.
Item #3 CONSENT CALENDAR
Mayor Quam stated that Consent Calendar Item 3B should be
amended to indicate the award of contract for the 1989
Sealcoating Project to Bituminous Roadways, Inc.
Council Meeting Minutes -3- July 24, 1989
A. APPROVED RESOLUTIONS DECLARING COSTS TO BE ASSESSED FOR
REMOVAL OF DISEASED TREES FROM PRIVATE PROPERTY, AND
SETTING DATE OF HEARING FOR AUGUST 28, 1989. C.L. 168
RESOLUTION NO. 7530
RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING
PREPARATION OF PROPOSED ASSESSMENT FOR REMOVAL OF DISEASED TREES
FROM PRIVATE PROPERTY FOR THE PERIOD OF AUGUST 1, 1988 TO
DECEMBER 31, 1988.
This Resolution appears as Resolution No. 7530 in
Resolution Book No. 57.
RESOLUTION NO. 7531
RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR DISEASED TREE
REMOVAL FROM PRIVATE PROPERTY FOR THE PERIOD AUGUST 1, 1988 TO
DECEMBER 31, 1988.
This Resolution appears as Resolution No. 7531 in
Resolution Book No. 57.
B. APPROVED AWARD OF CONTRACT TO BITUMINOUS ROADWAYS, INC.
FOR 1989 SEALCOATING PROJECT. C.L. 169.
C. APPROVED REQUEST FOR A FEE WAIVED TEMPORARY LICENSE TO
SERVE NON-INTOXICATING MALT LIQUOR; AND FEE WAIVED
LICENSES FOR ITINERANT FOOD AND AMUSEMENT LICENSES FOR
THE ASSUMPTION FUN FEST, AUGUST 12 & 13, 1989. C.L.170
D. APPROVED PURCHASE IN EXCESS OF $5,000 TO REPLACE FIRE
DAMAGED ONE-TON CHASSIS CAS IN THE AMOUNT OF $11,493
FROM THANE HAWKINS CHEVROLET. C.L. 1?1
E. APPROVED AWARD OF 2 YEAR CONTRACT FOR THE TOWING,
IMPOUNDING AND STORAGE OF VEHICLES TO CHIEF'S TOWING.
C.L. 172
F. APPROVED RESIDENTIAL KENNEL LICENSE, THREE DOGS.
MICHELLE GORMAN, 6801 PLEASANT AVENUE.
M/Ludeman, S/Garcia to approve the consent calendar as
amended.
Motion carried 4-0.
Council Meeting Minutes -4- July 24, 1989
Item #4 REQUEST FOR A CONDITIONAL USE PERMIT TO ALLOW A QUICK
LURE OIL CHANGE SHOP AT 1201 EAST 66TH STREET.
C.L. NO. 173
Acting City Manager Devich reviewed Council Letter No. 173
regarding a request by Mr. Rick Austin for a conditional use
permit to allow a quick-lube oil change shop at 1201 East 66th
Street.
Discussion followed regarding the proposed landscape plan.
Concerns were expressed that the location of some trees may
impair traffic visibility.
Acting City Manager Devich suggested that an additional "
stipulation be included stating the final landscaping must be
approved by city staff.
Rick Austin, the applicant, reviewed the landscaping plans.
He indicated that the new trees would be of the type that would
allow traffic visibility. He stated that the Chinese elm in the
northwest corner may need to be removed.
M/Ludeman, S/Kirsch to close the public hearing.
Motion carried 4-0.
MJGarcia, S/Ludeman to approve a conditional use permit for
a quick-lube oil change shop at 1201 East 66th Street with the
following. stipulations:
1. That the two driveways located in the northwest corner
of the parcel be eliminated.
2. That the two remaining driveways be widened to no less
than 26 and no more than 32 feet.
3. That one handicapped parking space be added to the
parking plan with a ramp entrance to the building.
4. That the final landscaping plan be approved by city
staff .
Motion carried 4-0.
Council Meeting lriinutes -5- July 24, 1989
Item #5 REQUEST FOR A CONDITIONAL USE PERMIT TO OPERATE A
HEATING/AIR CONDITIONING BUSINESS AT 6445 20TH AVENUE.
C.L. NO. 174
Acting City Manager Devich reviewed Council Letter No. 174
regarding a request by Mr. Trent Hrod for a conditional use
permit to operate a home occupation heating/air conditioning
business at 6445 20th Avenue South.
Trent Hrod, 6445 20th Avenue, reviewed the history of his
home occupation heating/air conditioning business at this
address. He indicated no semi-trucks delivered to the home, that
no fabrication or manufacturing occurred at the site, and that
most neighbors had no objection to his business. He submitted a
petition (Clerks File No. C-307) with signatures in favor of
granting the special use permit.
Don Smith, 6444 20th Avenue, spoke in opposition to granting
the conditional use permit stating the business is detrimental to
the residential character of the area.
David Kratz, 1575 West Highway 13, stated he is a former
employee of Fair Air Mechanical and that during his 10 month
employment did not observe any semi-trucks, traffic, or noise
problems generated by the business at this site.
William Gray, 6437 20th Avenue, stated support for granting
the conditional use permit.
Claudia Fennell, 6500 21st Avenue, stated she had not
observed any traffic or other problems related to this property.
Jerry Fennell, 6500 21st Avenue, spoke in support of
granting the conditional use permit.
Gerald Thorne, 6443 20th Avenue, stated that Mr. Brod had
improved the property and that no problems were created by the
business.
Doris Lattery, 6601 5th Avenue, spoke in support of granting
the conditional use permit and in support of Richfield local
business's such as Fair Air Mechanical.
Mona Winter, 6445 20th Avenue, stated that it was their
desire to keep the business small and stated disappointment that
the petition submitted to the Planning Division in support of
their request had not been given to the city council. She
indicated that some of the unloading of trucks observed by
neighbors was personal belongings related to her moving to this
house. She stated most materials for the business are picked up
from suppliers and brought directly to the fob site.
Council Meeting Minutes -6- July 24, 1989
Walter Brod, 7238 16th Avenue, stated that Trent Brod has
improved the neighborhood and stated concern that only one or two
neighbors would influence the council against him.
David Clausen, 6424 20th Avenue, spoke in support of
granting the conditional use indicating the business causes no
traffic or noise problems.
Lee Whitby, 6420. 20th Avenue, stated support for .granting
the conditional use permit.
Acting City Manager Devich stated he had received a letter
from Lila McGinty, 1900 East 65th Street, opposing the
conditional use permit.
Council Member Garcia indicated that the council had
received letters from Mrs. Maurer, 6501 20th Avenue, and Mr.
Turner, 6500 20th Avenue, in opposition to the conditional use
permit.
M/Garcia, S/Ludeman to close the public hearing.
Motion carried 4-0.
City Attorney Dean reviewed the ordinance provisions
regarding home occupations and conditional use permits.
Council Member Garcia stated that the purpose of the zoning
ordinance was to protect residential areas. She stated that this
was not a typical home occupation and that the Mr. Brod's lack of
compliance in the past was troublesome.
Council Member Ludeman reviewed and read a chronology of
events since 1985 related to complaints about Mr. Brod's
operation of the business at 6445 20th Avenue.
Mayor Quam stated that the issue is whether the business
activities are not noticeable as required by the ordinance. He
stated the purpose of the ordinance is to protect the residential
character of a neighborhood.
Discussion followed regarding the enforceability of
stipulations on a conditional use permit and whether the
applicant can operate at this location without a conditional use
permit if certain standards are met.
M/Ludeman, S/Garcia to deny the request of Mr. Trent Brod
conditional use permit for the oQeration of a heating/air
conditioning maintenance business at the home at 6445 20th Avenue
South.
Motion carried 4-0.
Council Meeting Minutes -7- July 24, 1989
Item #6 FIRST READING OF AN ORDINANCE AMENDMENT TO ADOPT BY
REFERENCE MINNESOTA STATUTES, 1986 SUPPLEMENT AND LAWS
OF MINNESOTA, 1989. C.L. NO. 175
Acting City Manager Devich reviewed Council Letter No. 175
regarding first reading of a proposed ordinance amendment to
adopt by reference Minnesota Statutes 1988 and 1989 Supplement
and Laws of Minnesota 1989.
M/Ludeman, S/Kirsch tha~
of an ordinance amendment en~
City Code: Statutory Referen~
$uhapc•tion 100 07" and that
of the ordinance be schedule
council meeting.
t this constitute the First Reading
titled "An Ordinance Relating To The
yes: Amending Richfield City Code
the Public Hearing and Second Readin
3 for the August 28, 1989 city
Motion carried 4-0.
Item #7 CONSIDERATION OF REQUEST FOR OFFSTREET PARKING PERMIT
FOR DENTAL OFFICE LOCATED AT 6941 PENN AVENUE..
C.L. N0. 176
Acting City Manager Devich reviewed Council Letter No. 176
regarding a request by Don Johnson for an offstreet parking
permit for the property at 6941 Penn Avenue.
M/Kirsch, S/Ludeman to approve an offstreet parking permit
for 6941 Penn Avenue South for a professional/dental office
building.
Motion carried 4-O.
Item #8 AUTHORIZATION TO PARTICIPATE IN A JOINT POWERS
AGREEMENT FOR A I35W COUNCIL. C.L. N0. 177 '
Acting City Manager Devich reviewed Council Letter No. 177
regarding authorization to participate in a point powers
agreement for a I35W Council.
Mayor Quam reviewed his concerns regarding the recent action
by Minnesota Department of Transportation Commissioner Len Levine
eliminating two I35W improvement options without involvement of
the cities in the process. He~stated that this action may
warrant continuing this item for further discussion of increased
participation in the I35W Council. He indicated he wanted to
send a letter to Commissioner Levine stating concern about the
process used in determining this action.
Council Meeting Minutes -8- July 24, 1989
M/Quam, to table consideration of authorization to
participate in a Joint Powers~Agreement for a I35W Council until
the next council meeting further consideration-about potentially
increasing Richfield representation.
Council Member Garcia stated that the governor should also
be made aware of this issue. She stated the city must be
aggressive and take all necessary steps to be included in the
process.
Council Member Ludeman stated support for joining the I35W
Council.
Community Services Director Fondrick reviewed the status of
cities who may participate in the I35W council. He recommended
that the city council authorize joining the I35W Council and
evaluate increasing participation later if necessary.
Mayor Quam withdrew his motion to table this item. He
stated he would favor a stipulation that the city may still re-
evaluate it's position and seek further representation on the
I35W Council.
.
Lawrence Wozniczka, 6744 Wentworth Avenue, expressed
concerns regarding what cities were participating in the I35W
council, the number of votes each city would have on the council,
and the number of votes being dependent on the level of money
each city contributed.
Mayor Quam reviewed the advantages of belonging to a point
powers group to assure Richfield's involvement in all aspects of
the I35W process.
Lawrence Wozniczka, 6744 Wentworth Avenue, suggested
additional sections for the agreement regarding requiring a
composite E.I.S. and requiring any actions of the I35W Council be
approved by the City Council.
Council Member Ludeman indicated that putting conditions on
membership would preclude open discussion, input, and cooperation
in the process.
City Attorney Dean reviewed the State Statutes governing
point power agreements.
M/Ludeman, S/Garcia to authorize the City Manager and/or
Mayor to execute the Agreement for the City of Richfield to
participate in a joint powers agreement for the I35W Council with
the stipulation that the City reserves the right to evaluate our
level of participation for possible future increased membership.
Motion carried 4-0.
Council Meeting Minutes -9- July 24, 1989
M/Kirsch, S/Ludeman to authorize the Mayor to send a letter
on behalf of the City Council to Minnesota Department of
Transportation Commissioner Len Levine and Governor Rudy Perpich
expressing concern about the actions of the Commissioner and
requesting an explanation.
Motion carried 4-0.
Item #9 SETTING DATE FOR BUDGET HEARING. C.L. N0. 178
Acting City Manager Devich reviewed Council Letter No. 178
recommending that the City Council schedule a special city
council meeting for July 31, 1989 to consider adoption of a
proposed 1990 property tax levy.
M/Ludeman, S/Kirsch to schedule a Special City Council
meeting for Mondax,, July 31, 1989 at 5:00 p.m. to consider
adoption of a proposed 1990 groperty tax lever and consideration
of the Revised 1989 and Proposed 1990 City Budgets.
Motion carried 4-0.
Item #10 LEGISLATIVE REPORT
Council Member Ludeman expressed concern that MnDot had
funded the building of a 100 million dollar parking ramp in the
City of Minneapolis. He suggested that the city seek an
explanation of why this was allowed.
Mayor Quam indicated that MnDot had approved the ramp as
part of the I-394/Highway 12 transportation plan.
Item #11 COUNCIL DISCUSSION ITEMS
Acting City Manager Devich recommended that the City Council
continue this meeting to July 31 in order to award a contract for
construction of the park shelter building at Veterans Memorial
Park.
Community Services Director Fondrick explained that because
of weather factors in application of stain and wood perservatives
to the structure, it was essential to begin construction as soon
as possible.
Council Meeting Minutes -10- July 24, 1989
City Attorney Dean recommended that the City Council amend
this evenings agenda to add this item and then continue it to
July 31.
M/Ludeman, S/Kirsch to amend the agenda of July 24 to add
Item #13 "Considera~on of Award of Contract for Park Shelter
Building at Veterans Memorial Park":
Motion carried 4-0.
Several members of the audience requested that the City
Council allow discussion regarding'Item #3E of the Consent
Calendar. They indicated that the agenda did not indicate who
was to be awarded the contract.
M/Ludeman, S/Quam to reconsider Item #3E Award of Contract
for Towing. Impounding. and Storage of Vehicles.
Motion carried 3-1. (Garcia opposed)
Public Safety Director Erskine reviewed Council Letter No.
172 regarding the award of contract for the towing, impounding,
and storage of vehicles for the City of Richfield.
Lieutenant Suech reviewed the weighting factors and
specifications of the request for proposals.
Bonnie Morrow, Morrow Auto Specialty; stated that award of
contract to a company outside of Richfield would not be
beneficial to the City.
Mark Bonstrom, Mark's Towing, discussed towing costs and the
weighting factors.
Bob Thornberg, Chief's Towing, reviewed his bid and
expressed Chief's is ready to fulfill the contract.
Discussion followed regarding the bid process.
M/Ludeman, S/Garcia to award a two-year contract commencing
October 1, 1989, to Chief's Towing. 9701 Girard Avenue,, for the
towing, impounding, and storage of vehicles for the City
Richfield.
Motion carried 4-0.
[1
1
Council Meeting Minutes -11- July 24, 1989
Item #12 CLAIMS AND PAYROLLS
M/Ludeman, S/Kirsch that the following claims and payrolls
be approved:
RICHFIELD STATE HANK
Checks 11725-11769; 104619-104979
FIRST MINNESOTA
Check 1093
FIRST WESTERN BANK
$ 839,518.46
$ 15,000.00
Checks 5041-5069 $2,826,472.05
Checks 26154-26184; 27982-28449 Payroll $ 372,010.24
Motion carried 4-0.
Item #13 CONSIDERATION OF AWARD OF CONTRACT FOR PARK SHELTER
BUILDING AT VETERAN'S MEMORIAL PARK
M/Ludeman, S/Kirsch to continue consideration of the award
of contract for Park Shelter Building at Veteran's Memorial Park
to July 31. 1989.
Motion carried 4-0.
ADJOURNMENT
M/Ludeman, S/Kirsch to continue the regular city council
meeting of July 24, 1989 to Monday, July 31. 1989. 5:00 P.M. for
consideration of Item #13.
Motion carried 4-0.
Date. Approved: 8/14/89 ~
SevnJ. Qu•
T omas P. Ferber Jam s D. Prosser
City Clerk Ci Manager