04-22-1991CITY OF RICHFIELD, MINNESOTA
REGULAR CITY COUNCIL MEETING
April 22, 1991
MEMBERS PRESENT: Martin Kirsch, Mayor; Ivan Ludeman; Michael
Sandahl; Kristal Stokes; and William Bullock.
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 Kirsch at 7:00 p.m.
PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE
Mayor Kirsch led the audience in the Pledge of Allegiance.
Mayor Kirsch requested a moment of silence for Council Member
Sandahl's father, who died last week.
APPROVAL OF MINUTES
M/Ludeman, S/Stokes to approve the minutes of the Special
city Council Meeting of April 8, 1991• and the minutes of the
regular City Council Meeting of April 8, 1991.
Motion carried 5-0.
Item #1 OPPORTUNITY FOR PERSONS TO ADDRESS THE CITY COUNCIL
ON ANY ITEM NOT LISTED ON THE AGENDA.
No one wished to address the council.
Item #2 PROCLAMATION HONORING FORMER METROPOLITAN COUNCIL
REPRESENTATIVE GERTRUDE ULRICH
Betty Carr, 6633 Lynwood Boulevard, thanked Gertrude Ulrich
for her service to Richfield and said she deserved the honorary
"Golden Pillow" award for sitting through so many meetings.
Council Member Sandahl read and presented a proclamation
honoring former Metropolitan Council Representative Gertrude
Ulrich for her dedicated service.
Council Meeting Minutes -2- April 22, 1991
Item #3 PROCLAMATION DESIGNATING DISABILITY ACTION WEEK IN
RICHFIELD, APRIL 21-27, 1991. C.L. NO. 96
Council Member Stokes read and presented a proclamation
designating the week of April 2127, 1991 as Disability Week in
Richfield to the Human Services Commission Chair Connie McDonald.
Item #4 PROCLAMATION DESIGNATING NATIONAL WATER WORKS WEEK,
MAY 5-11, 1991 AND WATER WORKS DAY, MAY 11, 1991.
C.L. NO. 97
Council Member Bullock read and presented a proclamation
designating May 5-11, 1991 as National Water Works Week and May
11, 1991 as National Water Works Day to Community Services
Director Fondrick.
Community Services Director Fondrick invited the public t®
an open house at the Water Plant on Saturday, May 11, 1991 from
9:00 A.M. - 3:00 P.M.
Item #5 PROCLAMATION DESIGNATING SMALL BUSINESS WEEK IN
RICHFIELD, MAY 5-11, 1991
Council Member Ludeman read and presented a proclamation
designating May 5-il, 1991 as Small Business Week in Richfield to
Chamber of Commerce President Bill Fillmore and Executive
Secretary John Kenealey.
Chamber President Fillmore announced that the "Salute to
Small Business" dinner will be May 15, 1991 at the Fred Babcock
VFW Post No. 5555.
Item #6 COUNCIL APPROVAL OF AGENDA
M/Ludeman, S/Bullock to approve the agenda.
Motion carried 5-0.
Council Meeting Minutes -3- April 22, 1991
Item #7 CONSENT CALENDAR
Council Member Ludeman requested that item 7E. be removed
from the consent calendar and placed on the regular agenda.
Mayor Kirsch stated that the Consent Calendar would be
amended to place Item 7E. "Consideration of Approval of 1991 Non-
Intoxicating Malt Liquor License for Paesano's Italian Buffet,
500 East 78th Street" on the regular agenda as Item 13A.
7A. APPROVED BID MINUTES/TABULATION AND AWARD OF CONTRACT
FOR 1991 JOINT CLEANING & RESEALING PROJECT TO
PROGRESSIVE CONTRACTORS, INC. FOR THE SUM OF $52,842.20
C.L. 98
B. APPROVED PURCHASE IN EXCESS OF $5,000 FOR NEW SKID
LOADER AND TRAILER FROM CASE POWER & EQUIPMENT FOR
QUOTED PRICE OF $14,408 AND APPROVAL OF SALE IN EXCESS
OF $5,000 OF 1980 WALDON LOADER TO NORTHERN ENGINE &
SUPPLY FOR QUOTED BID OF $5,105 C.L. 99
C. APPROVED PURCHASE IN EXCESS OF $5,000 FOR GREENSMOWER
FOR RICH ACRES GOLF COURSE FROM MTI DISTRIBUTING, INC.
IN THE AMOUNT OF $9,130 C.L. 100
D. APPROVED PURCHASE IN EXCESS OF $5,000 FOR SEASONAL
STREET MAINTENANCE SUPPLIES FROM COMMERCIAL ASPHALT
COMPANY IN THE AMOUNT OF $8,213 C.L. N0. 101
E. Removed from the Consent Calendar and placed on the
regular agenda as Item 13A.
F. APPROVED BID MINUTES/TABULATION AND AWARD OF CONTRACT
FOR CONSTRUCTION AND INSTALLATION OF PLAYGROUND
EQUIPMENT AT TAFT PARK TO EARL F. ANDERSEN AND
ASSOCIATES INC. IN THE AMOUNT OF $22,134.53 FOR BASE BID
AND ALTERNATE #1 C.L. 103
G. APPROVED SIGN VARIANCE FOR RICHFIELD-BLOOMINGTON CREDIT
UNION, 345 EAST 77TH STREET C.L. 104
M/Ludeman, S/Sandahl to approve the agenda as amended.
Motion carried 5-0.
Council Meeting Minutes -4- April 22, 1991
Item #8 PUBLIC HEARING ON APPEAL OF BUILDING OFFICIAL'S DENIAL
OF BUILDING PERMIT FOR VIDEO UPDATE, 7645 NICOLLET
AVENUE. C.L. NO. 105
City Manager Prosser reviewed Council Letter No. 105
recommending denial of the applicant's appeal of the Building
Official's denial of a building permit for Video Update to expand
into the area delineated by the Official Map as land needed for
the 77th Street Reconstruction Project.
Don Potter,•289 East 5th Street, St. Paul, spoke on behalf
of Video Update. He stated that the store would be forced out of
business if it cannot expand. He asked that they be allowed to
expand or that the City buy the property.
Council Member Sandahl stated that allowing the expansion
would increase the cost to taxpayers when the purchase is made in
the future.
john Bedard, President of Video Update, stated that the
primary competition are stores such as Mr. Movies, Blockbuster,
and Adventures in Video. He stated they needed more square
footage to be successful. He stated most of the customers come
from within a 2 mile radius of the store.
City Manager Prosser noted that this store is now classified
a neighborhood business and if expanded may be more appropriate
in a commercial district zone.
Mr. Potter stated 80~.of the customers come from within 1
mile. He stated that in order to recapture the customers, the
store needs to be expanded. Mr. Potter reviewed the status of
the video business.
Council Member Ludeman stated that two properties on 77th
Street had been sold and that Mr. .Potter could sell the property.
He said the City has no funds to purchase the property at this
time.
Mr. Potter said that developers shy away from buying this
property because of the Official Map situation and the size of
the building.
Council Member Bullock stated that MnDot controls when the
1494 and 77th Street improvements will be constructed.
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Council Member Sandahl stated that legislation has been
proposed for funding of 77th Street.
Council Meeting Minutes -5- April 22, 1991
Mr. Potter stated concern about this process devaluing his
property. He said that this situation should qualify as a
hardship.
M/Bullock, S/Ludeman to close the public hearincr.
Motion carried 5-0.
City Manager Prosser stated that the purpose of the city
adopting the Official Map was to assure no increased value was
added and to put the property owners on notice of future road
improvements. He indicated the 1494 E.I.S. should be completed
this year and that legislation is being sought to authorize state
funding for 77th Street.
City Attorney Dean reviewed the state statutes regarding
hardship and indicated that it was the City's opinion that this
case did not qualify as a hardship.
City Manager Prosser stated that when funding becomes
available this property would be one to be considered for
acquisition.
Council Member Bullock stated that the issue at hand was the
appeal of the Building Official's decision, not the zoning or
purchase of the property.
M/Bullock, S/Sandahl to deny the request of Video Update,
7645 Nicollet Avenue. for a building permit which would encroach
into the Official Maw area of 77th Street and to affirm the
Building Official's denial of the building permit.
Motion carried 5-0.
Item #9 PUBLIC HEARING AND SECOND READING OF ORDINANCE
AMENDMENT TO PC-2 ZONING DISTRICT FOR HUH WEST AND
APPROVAL OF PRELIMINARY PLANNED UNIT DEVELOPMENT PLAN
C.L. N0. 106
City Manager Prosser reviewed Council Letter No. 106
regarding a proposed ordinance amendment to the boundary of the
PC-2 zoning district for HUB West and approval of the preliminary
planned unit development plan for HUB West.
Rick Schwartz, 2400 Ivy Land, Bloomington, stated he was
currently an employee of Hauser's and that the owner Gateway
Foods had indicated employees must reapply for fobs at the new
Rainbow. He asked that the City Council guarantee the employees
will get fobs at Rainbow.
Council Meeting Minutes -6- April 22, 1991
Council Member Sandahl stated this was an employee-employer
relationship outside of-the council's authority.
Mayor Kirsch stated that the employee's union should
represent them on this issue.
Lawrence Wozniczka, 6744 Wentworth Avenue, asked for
clarification regarding the PC-2 zoning boundary and the
preliminary planned unit development plan.
City Attorney Dean reviewed the Hub West zoning boundary as
depicted on page 9-4 of the council packet and the preliminary
planned unit development plan on page 9-3.
Mr. Wozniczka stated concerns about cooperative parking
problems and suggested this issue be resolved prior to approving
the preliminary plan.
City Manager Prosser stated the ordinance would be withheld
from publication until a developers agreement, which included
resolving the parking issue, has been signed.
City Attorney Dean stated it is the intent of the City, HRA,
and Bradley to resolve that issue.
Jan Cerny, 6648 4th Avenue, stated concerns about parking
and asked if a parking ramp had been considered. She also stated
concern about transportation for elderly who now walk to Hauser's
for groceries and will have to shop elsewhere until the Rainbow
opens.
City Manager Prosser indicated a consultant study indicated
a parking ramp was not financially feasible. He stated that the
developer's .tentative plan would be to close Hawser's on July 1
and have the new store open by the end of the year. He stated an
effort would be made to make available information regarding
transportation service providers for those who may request it.
M/Ludeman, S/Sandahl that this constitute Second Reading of
Hill No. 1991-3 Amendment to Annendix I of the Zoning Ordinance
ode and that the ordinance not be published until the City
Clerk has been notified by the HRA that a development agreement
has beensiQned: and to aDDrove the preliminary planned unit
development plan HUB West.
Motion carried 5-0.
Council Meeting Minutes -7- April 22, 1991
Item #10 PUBLIC HEARING AND SECOND READING OF AMENDMENT TO
ZONING ORDINANCE WHICH RELATES TO LONG STANDING
NONCONFORMING USES AND STRUCTURES. C.L. N0. 107
City Manager Prosser reviewed Council Letter No. 107
regarding a proposed ordinance amendment which would establish a
procedure by which certain non-permitted uses and structures may
be permitted.
Council discussion followed regarding standards and code
compliance. It was the consensus of the council to support
Alternate H as drafted by the City Attorney.
M/Ludeman, S/Sandahl to close the public hearing.
Motion carried 5-0.
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M/Ludeman, S/Kirsch that this constitute Second Reading of
Bill No. 1991-4 Amendment to Section 515 of Appendix H, that it
be published in the official newspaper and that it be made part
of these minutes.
Motion carried 5-0.
Item #il PUBLIC HEARING AND SECOND READING OF ORDINANCE
REGULATING PARKING OF UNATTACHED UTILITY TRAILERS ON
CITY STREETS. C.L. NO. 108
City Manager Prosser reviewed Council Letter No. 108
regarding a proposed ordinance regulating the parking of
unattached utility trailers on City streets.
Daniel McGregor, 7645 Wentworth Avenue, read and submitted a
letter (Clerks File No. C-322) supporting the proposed ordinance
but asking that the council change it to restrict both attached
and unattached utility trailers to the two hour limit.
Discussion followed regarding practicability and enforcement
issues related to regulating the parking of utility trailers
attached to vehicles.
City Attorney Dean stated it would be a substantive change
to the proposed ordinance if attached trailers were added now.
He suggested that the council act on the ordinance as proposed
and to address attached trailers separately.
Council Meeting Minutes -8- April 22, 1991
M/Ludeman, S/Kirsch that this constitute Second Reading of
Bill No. 1991-5, Amendment to Chapter RIII Section 1300
Subsection 1305.27. and that it be published in the official
newspaper and that it be made part of these minutes.
Motion carried 5-0.
It was the consensus of the City Council that discussion of
the regulation of the parking of attached utility trailers be
scheduled for the May 6, 1991 City Council Study Session Meeting.
Item #12 FIRST READING OF TRANSITORY ORDINANCE PROVIDING FUNDING
FOR CERTAIN CAPITAL IMPROVEMENTS FROM THE SPECIAL
REVENUE FUND. C.L. #109
City Manager Prosser reviewed Council Letter No. 109
regarding a proposed transitory ordinance providing for the
amendment of the appropriation of Special Revenue Funds for the
1991 Capital Improvement Budget to transfer $10,000 from Tennis
Court Ymprovement ~o the Taft Park Project.
M/Ludeman, S/Sandahl that this constitute the First Reading
of this transitory ordinance providing funding for certain
capital improvements from the Special Revenue Fund and that the
Public Hearing and Second Reading of the ordinance be scheduled
for the May 13, 1991 City Council Meeting.
Motion carried 5-0.
Item #13 FIRST READING OF ORDINANCE AMENDMENT REGULATING
RECYCLING AT APARTMENT BUILDINGS IN THE CITY OF
RICHFIELD. C.L. N0. 110
City Manager Prosser reviewed Council Letter No. 110
regarding a proposed ordinance amendment requiring owners of
multifamily buildings to provide their tenants the opportunity to
recycle designated recyclable materials.
Council Member Ludeman suggested that apartment owners be
notified regarding this ordinance.
M/Kirsch, S/Ludeman that this constitute the First Reading
of this ordinance amendment regulating recycling a apartment
buildings in the City of Richfield and that the Public Hearing
and Second Reading of the ordinance be scheduled for the May 13 ,
1991 Citv Council Meeting.
Motion carried 5-0.
Council Meeting Minutes -9- April Z2, 1991
Item #13A CONSIDERATION OF 1~lPPROVAL OF 1991 NON-INTOXICATING
MALT LIQUOR LICENSE FOR PAESANO'S ITALIAN BUFFET, 500
EAST 78TH STREET. C.L. NO. 10Z
Council Member Ludeman stated concerns about the increased
number of Public Safety contacts at Paesano's.
Public Safety Director Erskine stated that the new owners of
Paesano's have been very cooperative with Public Safety. He
indicated that a couple of the Public Safety contacts were
incidents beyond the control of the business.
M/Ludeman, S/Bullock o agprove the issuance of a 1991 non-
intoxicating malt liquor license for Paesano's Italian Buffet
500 East 78th Street.
Motion carried 5-0.
Item #14 LEGISLATIVE REPORT
City Manager Prosser reviewed the status of legislation
regarding the following issues:
1) 77th Street funding
2) Police Relief Association/PERA Consolidation
Council Member Ludeman suggested that the City oppose
legislation that would extend the hours for liquor sales. It was
the consensus of the council that a letter opposing this
legislation be sent to our state legislators.
Item #15 COUNCIL DISCUSSION ITEMS
Council Member Bullock encouraged attendance at the
following Woodlake Nature Center's 20 Year Anniversary Party
events:
Friends of Wood Lake Nature Center
Benefit Dinner
Saturday, May 4, 1991
6:00 P.M. - Midnight
Fred Babcock VFW
Council Meeting Minutes -10- April 22, 1991
Twenty Years in the Marsh
Anniversary Celebration Activities
Sunday, May 5, 1991
10:00 A.M. - 4:00 P.M.
Wood Lake Nature center
Council Member Ludeman asked who was responsible for
cleaning the sidewalk between KFC and H~users.
City Manager Prosser indicated the property owner would be
notified regarding cleaning this sidewalk.
Item #16 CLAIMS AND PAYROLLS
M/Ludeman, S/Bullock that the following claims and payrolls
be approved:
RICHFIELD STATE HANK
Ch®cks 13886-13931; 25539-25773
FIRST MINNESOTA
Check 1118
FIRST WESTERN BANK
Checks 6129-6161
Checks 46635-46970
Motion carried 5-0.
ADJOURNMENT
$7~'4, 810. ®4
$ 20,000.00
$747,961.66
Payroll $330,490.78
M/Bullock, S/Stokes to adjourn the meeting.
Motion carried 5-0.
The meeting was adjourned at 9:22 p.m.
Date Approved: 5/1/91 ~~ti~~ .
Martin J irsch Mayor
~/Ois~,eL~ C• .
Thomas P. Ferber J es Prosser
City Clerk Cit anager
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