10-08-1990CITY OF RICHFIELD, MINNESOTA
REGULAR CITY COUNCIL MEETING
October 8, 1990
MEMBERS PRESENT: Steven Quam, Mayor; Edwina Garcia; Ivan
Ludeman; Martin Kirsch; and Michael Sandahl.
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; Jack 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.
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APPROVAL OF MINUTES
M/Kirsch, S/Garcia to approve the minutes of the regular
City Council Meeting of September 24 1990; and the minutes of
the-Study Session Meeting of October 1, 1990.
Motion carried 5-0.
Item #1 OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL
ON ANY ITEM NOT LISTED ON THE AGENDA.
Council Member Sandahl reviewed an article which appeared in
the U.S. News regarding the sales and profits of the Richfield
Liquor Store Operations.
Council Member Sandahl reviewed Senate File 396, a bill
which would eliminate local control over airport noise issues.
He urged residents to contact their Senators and Congress member
to oppose this bill.
Mayor Quam reminded residents about the Richfield Foundation
fundraiser featuring Scott Hansen on Saturday, October 20, 1990
-7:30 P.M. at Richfield High School.
Council Meeting Minutes -2- October 8, 1990
Item #2 COUNCIL APPROVAL OF AGENDA
M/Ludeman, S/Quam to approve the agenda.
Motion carried _5-0.
Item #3 CONSENT CALENDAR
Mayor Quam stated that Item #3D of the Consent Calendar:
"Consideration of a Request to Amend the Offstreet Parking for
Purposes of Operating a Gun and Pawn Shop at 7529 Lyndale Avenue
C.L. NO. 251" would be removed from the Consent Calendar and
placed on the regular agenda as Item #11A.
A. APPROVED RESOLUTION PROVIDING FOR POLLING PLACES AND
DESIGNATION OF ELECTION JUDGES FOR THE NOVEMBER 6
GENERAL ELECTION. C.L. NO. 249
RESOLUTION N0. 7672
RESOLUTION PROVIDING FOR POLLING PLACES
AND DESIGNATING JUDGES FOR THE
GENERAL ELECTION OF
NOVEMBER 6, 1990
This Resolution appears as Resolution No. 7672 in Resolution
Book No. 59.
B. APPROVED FINAL ESTIMATE FOR SLUDGE~HAULING, HADER FARMS
$10,980.
C. APPROVED RESOLUTION RELATING TO ENROLLMENT OF POLICE
ASSOCIATION IN PERA. C.L. NO. 250
RESOLUTION NO. 7673
RESOLUTION RELATING TO THE BENEFIT STRUCTURE
OF THE RICHFIELD POLICE RELIEF ASSOCIATION;
RECOMMENDING CHANGES AND EXPRESSING
INTENT TO CONSOLIDATE WITH
P.E.R.A.
This Resolution appears as Resolution No. 7673 in Resolution
Book No. 59.
D. Removed from the Consent Calendar and considered as
Item #11A on the regular Agenda.
E. APPROVED PURCHASE IS EXCESS OF $5,000 FOR SETTLEMENT OF
CLAIM. C.L. N0. 252
Council Meeting Minutes -3- October 8, 1990
F. APPROVED SETTLEMENT OF A WORKERS COMPENSATION CASE.
C.L. NO. 253
G. APPROVED ESTIMATE NO. 6 PAYMENT TO RICHFIELD SHOPPES
DEVELOPERS FOR SPRINKLER SYSTEM AT 65TH AND NICOLLET
$10,980.
M/Ludeman, S/Garcia to agorove the consent calendar as
amended.
Motion carried 5-0.
Item #4 PUBLIC HEARING AND SECOND READING OF AN AMENDMENT TO
ZONING ORDINANCE RELATING TO TERM OF HEARING EXAMINER.
C.L. NO. 254
City Manager Prosser reviewed Council Letter No. 254
regarding a proposed amendment to Zoning Ordinance Subsection
545.15, setting a two year term for Hearing Examiner
appointments.
M/Ludeman, S/Kirsch to close the public hearing.
Motion carried 5-Q.
M/Garcia, S/Kirsch that this constitute Second Reading of
Bill No 1990-16 Amendment to Section 545 of Appendix B. that it
be published in the official newspaAer and that it be made part
of these minutes.
Motion carried 5-0.
Item #5 CONTINUANCE OF CONDITIONAL USE PERMIT AND OFFSTREET
PARKING REQUEST, SYSTEMS CONTROL AUTO INSPECTION, 12TH
AVENUE AND 77TH STREET. C.L. N0. 255
City Manager Prosser reviewed Council Letter No. 255
regarding a request by Systems Control, Inc. for a conditional
use permit and offstreet parking permit for a Vehicle Inspection
Station at 1200 East 78th Street. He stated the applicant had
submitted a revised proposed site plan on Friday. He stated that
the staff recommendation was to deny the request. He indicated
the council could refer the revised plan to the Planning
Commission for review and recommendation.
Walter Rockenstein, Attorney for the applicant, indicated
that the revised site plan addressed some of the concerns
expressed by the Planning Commission.
Council Meeting Minutes -4- October 8, 1990
It was the consensus of the City Council that the revised
plan be referred to the Planning Commission for review and
recommendation.
M/Ludeman, S/Sandahl to continue the public hearing on the
reQUest of Systems Control, Inc. for a conditional use permit and
offstreet Harking permit for a vehicle emission testing facility
at 1200 East 78th Street to the next regular council meeting
after Planning Commission review and recommendation regarding the
revised site plan submitted by the applicant.
Motion carried 5-0.
Item #6 PUBLIC HEARING TO CONSIDER APPROVAL OF AN OFF-SITE
DIRECTIONAL SIGN PERMIT AT 6537 CEDAR AVENUE.
C.L. NO. 256
City Manager Prosser reviewed Council Letter No. 256
regarding the application of Adams Outdoor Advertising for an
off-site directional sign for Motel Six to be located at 6537
Cedar Avenue.
M/Ludeman, S/Garcia to close the public hearing.
Motion carried 5-0.
M/Ludeman, S/Garcia to approve the application of Adams
Outdoor Advertising for an offsite directional sign permit for
the location of an offsite directional sign for Motel Six at 6537
Cedar Avenue.
Motion carried 5-0.
Item #7 FIRST READING OF AN AMENDMENT TO THE ZONING ORDINANCE
WHICH INCREASES THE NUMBER OF CHILDREN PERMITTED IN
LICENSED GROUP FAMILY DAY CARE FACILITIES FROM 12
CHILDREN TO 14 CHILDREN. C.L. NO. 257
City Manager Prosser reviewed Council Letter No. 257
regarding a proposed amendment to the zoning ordinance regarding
the number of children permitted in licensed group family day
care facilities to make the zoning ordinance consistent with
State Statute.
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M/Ludeman, S/Sandahl that this constitute the First Reading
of this ordinance and that the Public Hearing and Second Reading
of the ordinance be scheduled for the November 26, 1990 City
Council Meeting.
Motion carried 5-0.
Council Meeting Minutes -5- October 8, 1990
Item #8 CONSIDERATION OF A RESOLUTION AUTHORIZING SUBMITTAL OF
PRE-RALF LOAN APPLICATION FOR THE PURCHASE OF PROPERTY
FAT 7645 OAKLAND AVENUE. C.L. NO. 258
City Manager Prosser reviewed Council Letter No. 258
regarding the proposed submittal of a Right-of-Way Acquisition
Loan Fund (RALF) preliminary loan application for the acquisition
of 7645 Oakland Avenue.
M/Kirsch, S/Ludeman 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. 7674
RESOLUTION AUTHORIZING LOAN APPLICATION
FOR ACQUISITION OF 77TH STREET RIGHT-OF-WAY;
7645 OAKLAND AVENUE SOUTH
Motion carried 5-0. This resolution appears as Resolution
No. 7674 in Resolution Book No. 59.
Item #9 CONSIDERATION OF DENIAL OF AN APPLICATION FOR A
RESIDENTIAL KENNEL LICENSE FOR THREE DOGS AT 7325
GIRARD AVENUE. C.L. NO. 259
City Manager Prosser reviewed Council Letter No. 259
recommending denial of the application of Margaret LeFebvre, 7325
Girard Avenue, for a residential kennel license for four dogs.
Margaret LeFebvre, 7325 Girard Avenue, submitted pictures of
her yard and letters of support for her request. She stated she
had addressed the problems cited by her neighbors.
Willian Nordquist, 7321 Girard Avenue, spoke in opposition
to granting the license because of noise, odor, and property
value concerns.
Ron Bender, 7313 Girard Avenue, spoke in opposition to
granting the license because of lot size and property value
concerns.
Pubic Safety Director Erskine presented letters in
opposition to granting the license from William and Judith
Murphy, 7332 Girard Avenue; Henry and Susan Besser, 7333 Girard
Avenue; and Lutherine B~ornlie, 7324 Fremont Avenue.
Council Meeting Minutes -6- October 8, 1990
M/Ludeman, S/Garcia to deny the granting of a residential
kennel license for Margaret LeFebre, 7325 Girard Avenue for four
doers .
Motion carried 5-0.
Item #10 CONSIDERATION OF DENIAL OF APPLICATION FOR A
RESIDENTIAL KENNEL LICENSE FOR THREE DOGS AT 3005 WEST
70~ STREET. C.L. N0. 260
City Manager Prosser reviewed Council Letter No. 260
recommending denial of the application of Louise Decker for
residential kennel license at 3005 West 70~ Street for two dogs
and seven cats.
Martha Decker, 3005 West 70~ Street, daughter of the
applicant, disputed concerns about the compost pile and stated
their animals did not impact the neighborhood.
Angela Aylward, 2915 W. 70~ Street, spoke in opposition to
granting the license because of noise and cleanliness concerns.
Mr. LaBissoniere, 3004 W. 71st Street, spoke in opposition
to granting the license because of property value concerns.
Bob Smith, 3009 W. 70~ Street, reviewed his concerns
regarding health, odor, and the number of animals at the address.
He reviewed his efforts to mediate the issue with the Deckers.
Martha Decker stated that the animals did not affect anyone.
M/Ludeman, S/Quam to deny the granting of a residential
kennel license for Louise Decker 3005 West 70 Street for two
dogs and seven. cats.
Motion carried 5-0.
Item #11 REQUEST FOR SUBDIVISION WAIVER, 6315 DUPONT AVENUE,
EXPANDED NEW HOME PROGRAM. C.L. N0. 261
City Manager Prosser reviewed Council Letter No. 261
regarding a request by the Richfield HRA Expanded New Home
Program for a subdivision waiver to reconfigure the three
existing lots at 6315 Dupont Avenue into two buildable lots for
new single family dwellings.
Lawrence Wozniczka, 6744 Wentworth Avenue, raised questions
regarding the potential impact on expanded New Home Program TIF
of the possible acquisition of the area for highway expansion,
and potential flooding in this area.
Council Meeting Minutes -7- October 8, 1990
Community Services Director Fondrick reviewed storm water
and highway acquisition issues.
City Manager Prosser indicated TIF impacts-and possible lien
procedures had been discussed with the City Attorney. .
Kurt Foley, 6301 Dupont Avenue, stated this house had
flooded only once in 1988.
Discussion followed regarding building elevation, TIF, and
the builders risk.
M/Ludeman, S/Kirsch 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. 7675
RESOLUTION AUTHORIZING SUBDIVISION WAIVER
6315 DUPONT AVENUE SOUTH
Motion carried 5-0. This resolution appears as Resolution
No. 7675 in Resolution Book No. 59.
Item #11A CONSIDERATION OF A REQUEST TO AMEND THE OFFSTREET
PARKING FOR PURPOSES OF OPERATING A GUN AND PAWN SHOP
AT 7529 LYNDALE AVENUE. C.L. NO. 251
(Removed from consent calendar)
City Manager Prosser reviewed Council Letter No. 251
regarding a request by Patrick Teel for an amendment to the
offstreet parking permit for 7529 Lyndale Avenue for the
relocation of The Gun Shop & Pawnbroker business to this site.
Ken Pilger, 7544 Garfield Avenue, asked for and received
clarification regarding the requested action.
Mayor Quam read a letter from Ron & Jan Mack, 7539 Garfield
Avenue, opposing the location of the business at the site.
Council Meeting Minutes -8- October 8, 1990
M/Quam, S/Kirsch to approve the request for an amendment of
the existing offstreet parking permit at 7529 Lyndale Avenue with
the following stipulations:
1. That the one way entry and exit drive system be
reestablished by removal of the gate across the south
exit drive and the installation of proper signage.
Reconstruct the south exit drive and remove existing
bollard as shown on the proposed site plan.
2. That the building be equipped with an automatic
sprinkler system.
3. That the on site storage comply with all applicable
state and federal regulations with respect to the
storage of ammunition and explosive materials.
4. That the stockade fence on the east property line be
replaced with a chain link fence, moved in off the
property line and landscaping added consisting of a
mixture of 70$ evergreens (minimum three feet high) and
30% vines oP other deciduous material.
5. That the parking lot be restriped as per the attached
site plan. One handicap space is required with proper
signage as required by code.
Motion carried 5-0.
Item #12 LEGISLATIVE REPORT
Council Member Garcia reviewed the October 3 Metropolitan
Airports Commission (MAC) Information Meeting regarding Airport
Runway and Terminal Plans. Discussion followed regarding the
interactive planning process for the airport.
Item #13 COUNCIL DISCUSSION ITEMS
Council Member Kirsch stated that recycling containers for
"button" batteries had been placed at the liquor stores and at
city hall.
Item #14 CLAIMS AND PAYROLLS
M/Ludeman, S/Garcia that the following claims and payrolls
be a~Aroved:
RICHFIELD STATE BANK
Checks 13201-13246; 21909-22156 $729,925.72
FIRST WESTERN BANK
Checks 5774-5796 $642,510.49
Checks 39162-39201; 40981-41322 Payroll $341,022.38
Motion carried 5-0.
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ADJOURNMENT
The meeting was adjourned by unanimous conser~ at 8:~' p.
Date Approved : 10/22/ 90
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/ ~~i ,~~~r~ca
Thomas P. Ferber
City Clerk
Mayor
v
J e D. Prosser
C t Manager