07-13-1992CITY OF RICHFIELD, MINNESOTA
REGULAR CITY COUNCIL MEETING
July 13, 1992
MEMBERS PRESENT: William Bullock, Mayor Pro Tempore; Ivan
Ludeman; Michael Sandahl; and Kristal Stokes.
MEMBERS ABSENT: 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; Jack Erskine,
Public Safety Director; William Fillmore,
Liquor Operations Director; Bridget
Walstrom, Finance Manager; and Ron Batty,
Acting City Attorney.
The meeting was called to order by Mayor Pro Tempore Bullock at
7:00 p.m.
PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE
Mayor Pro Tempore Bullock led the audience in the Pledge of
Allegiance.
APPROVAL OF MINUTES
M/Sandahl, S/Stokes to approve the minutes of the regular
City Council Meeting of June 22, 1992.
Motion carried 4-0.
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 COUNCIL APPROVAL OF AGENDA
M/Ludeman, S/Stokes to approve the agenda.
Motion carried 4-0.
Council Meeting Minutes -2- July 13, 1992
Item #3 CONSENT CALENDAR
3A. APPROVED RESOLUTION RELATING TO TRAFFIC CONTROL SIGNS "NO
PARKING ANYTIME" ON BOTH SIDES OF LYNDALE AVENUE FROM 64TH
STREET TO 67TH STREET C.L. 156
RESOLUTION NO. 7889
RESOLUTION RELATING TO TRAFFIC CONTROL SIGNS
"NO PARKING ANYTIME" ON BOTH SIDES OF LYNDALE AVENUE
FROM 64TH STREET TO 67TH STREET
This resolution appears as Resolution No. 7889 in Resolution
Hook No. 61.
B. APPROVED RESOLUTION APPROVING EXPENDITURE OF $10,000 FROM
RICHFIELD'S MUNICIPAL STATE AID CONSTRUCTION ACCOUNT AND
APPROVING CONSTRUCTION COOPERATIVE AGREEMENT FOR RESURFACING
OF NICOLLET AVENUE C.L. 157
RESOLUTION NO. 7890
RESOLUTION AUTHORIZING EXPENDITURE OF $10,000
OF RICHFIELD'S MUNICIPAL STATE AID CONSTRUCTION MONIES
TO OFFSET CERTAIN EXPENSES IN CONJUNCTION WITH
THE RESURFACING OF NICOLLET AVENUE
This resolution appears as Resolution No. 7890 in Resolution
Book No. 61.
C. APPROVED RESOLUTION ESTABLISHING JUST COMPENSATION AND
AUTHORIZING PURCHASE OF PROPERTY WITH OWNERS WHO ARE
EXPERIENCING HARDSHIP; 7644 GRAND, 7644 WENTWORTH, 7645
NICOLLET AND 7644 CHICAGO AVENUES; 77TH STREET PROJECT C.L.
158
RESOLUTION NO. 7891
RESOLUTION ESTABLISHING JUST COMPENSATION,
AUTHORIZING PURCHASE OF REAL PROPERTY
7644 GRAND AVENUE, 7644 WENTWORTH,
7645 NICOLLET, AND 7644 CHICAGO
This resolution appears as Resolution No. 7891 in Resolution
Book No. 61.
D. APPROVED APPLICATION FOR RENEWAL OF RESIDENTIAL KENNEL
LICENSE, 7600 GRAND AVENUE, 5 CATS C.L. 159
E. APPROVED APPLICATION FOR RENEWAL OF RESIDENTIAL KENNEL
LICENSE, 7425 PLEASANT AVENUE, 3 DOGS AND 2 CATS C.L. 160
Council Meeting Minutes -3- July 13, 1992
F. APPROVED APPLICATION FOR COMMERCIAL KENNEL LICENSE, AIRPORT
PET HOSPITAL,_=6301_~EDAR_.AVENUE C.L. 161
G. APPROVED APPLICATION FOR COMMERCIAL KENNEL LICENSE, CUTLER
ANIMAL HOSPITAL, 7738 COLFAR AVENUE C.L. 162
H. APPROVED APPLICATION FOR COMMERCIAL KENNEL LICENSE, ANIMAL
CARE CLINIC, 6521 CEDAR AVENUE C.L. 163
I. APPROVED ESTIMATE #4 PAYMENT FOR WATER PLANT FILTER
UNDERDRAIN REHABILITATION, TONKA EQUIPMENT COMPANY,
$57,047.50
J. APPROVED ESTIMATE #1 FOR CONSTRUCTION OF JEFFERSON PARK
BUILDING, C.O. FIELD COMPANY, 514,141.00
M/Sandahl, S/Stokes to approve the consent calendar.
Motion carried 4-0.
Item #4 CONSIDERATION OF REQUEST FOR APPROVAL OF CONDITIONAL
USE PERMIT AT 6745 12TH AVENUE TO ALLOW CONVERSION OF
SINGLE FAMILY HOME INTO TWO FAMILY HOME IN R-RESIDENCE
DISTRICT. C.L. NO. 164
City Manager Prosser reviewed Council Letter No. 164
regarding the request of Norma Jean Sims for approval of a
conditional use permit at 6745 12th Avenue to allow conversion of
a single family dwelling into a two family dwelling. He stated
that such a permit had been approved in 1984; however, the
applicant did not initiate the conversion and the permit had
expired.
Norma Jean Sims, 6745 12th Avenue, stated that she had been
unaware that the permit expired after one year and that the
expiration date was not stated on the permit. She asked for a
rebate of the $400 fee.
Community Development Director Wallace stated that the
expiration date is now printed on permits but was not on the form
in 1984.
M/Sandahl, S/Stokes to close the public hearing.
Motion carried 4-0.
Council Meeting Minutes -4- July 13, 1992
M/Sandahl, S/Stokes to approve the conditional use permit
for a two unit dwelling at 6745 12th Avenue with the following
stipulations:
1. That the dwelling meet building and fire node requirements;
specifically, that an egress window be provided in the
sleeping room.
2. That a hard-wired smoke detector be installed in the unit.
3. That the ceiling height be at least seven feet six inches.
Motion carried 4-0.
M/Sandahl to rebate the 5400 conditional permit fee to the
applicant.
Council Member Ludeman stated concerns that other previous
permit holders such as large commercial project may also request
such rebates.
City Manager Prosser reviewed the costs incurred related to
staff time and processing of a conditional use permit request.
He indicated "out of pocket" expenses for this permit of about
$200.
Council Member Ludeman suggested Council Member Sandahl
amend his motion to propose $200 as the rebate amount. Council
Member Sandahl accepted the suggested amendment and restated the
motion.
M/Sandahl, S/Stokes to rebate 5200 of the conditional use
permit fee to the applicant, Norma Jean Sims.
Motion carried 4-0.
C
IteID #5 CONSIDERATION OF REQUEST FOR AMENDED CONDITIONAL USE
PERMIT TO ALLOW RESTAURANT EXPANSION AT 7627 LYNDALE
AVENUE. C.L. NO. 165
City Manager Prosser reviewed Council Letter No. 165
regarding the request of Hope's Chow Mein for a conditional use
permit to allow a restaurant expansion of their kitchen facility
and the addition of 24 seats. Mr. Prosser stated the Planning
Commission recommended approval of the conditional use permit by
a 6-2 vote. The Commission stated that the owners should b® left
to work the parking problems out among themselves and did not
Council Meeting Minutes -5- July 13, 1992
wish to limit the ability of a business to expand because of the
unresolved parking problems of the entire area. The Commission
also recommended that the parking issues facing the Lyndale/I-~94
area should be addressed as a whole in order to improve the
district's commercial climate. They recommended. that the City
Planner's office examine the overall situation further.
City Manager Prosser stated that the City staff recommended
that the request for a conditional use permit be denied on the
basis that an increase in parking demand will occur which will
very likely exceed existing capacity, making the existing parking
problem worse.
Ernie Lindstrom, 706 Fremont Avenue, spoke on behalf of
Khanh and Ling Kwan, owners of Hope's Chow Mein. He reviewed the
proposed expansion of the restaurant. Mr. Lindstrom acknowledged
the competing interests of the businesses regarding parking
spaces. He stated Hope's Chow Mein was an asset to the community
and should be allowed to expand into adjacent space with the
owners working out the parking issue.
Ron Fund, Fund-Hanecy Distributors, Inc., 7623 Lyndale
Avenue, stated concern that granting the permit would compound
the parking problems.
Joan Frank, G & J Tailors, 7615 Lyndale Avenue, stated that
the increased parking demand would be detrimental to the other
businesses located near the restaurant.
Daryl Cook, Hutch & Mantle, 7625 Lyndale Avenue, stated it
was important for everyone's business to have adequate parking,
therefore he opposed the expansion because it would make the
problem worse.
Dave Johnson, Mattress Liquidators, 7613 Lyndale Avenue,
stated concerns that the proposed parking layout would block
access to his loading area.
M/Ludeman, S/Sandahl to close the public hearing.
Motion carried 4-0.
Council Member Ludeman stated concern that not enough
parking spaces are available to serve all the businesses. He
also expressed concern about the risks in allowing expansion when
there is not enough parking, noting that other property owners
have initiated litigation about parking space disputes in the
past. He indicated he would not support the expansion because of
these parking issues.
Council Meeting Minutes -6- July 13, 1992
Council Member Stokes stated
not a vote against small business
the continued viability of all the
denial of this expansion was
but rather a vote to support
small businesses in the area.
Council Member Sandahl stated it was difficult to predict
the parking needs of businesses. He stated actual parking needs
sometimes exceed the standards and sometimes are less than the
recommended number of spaces. He noted other shopping areas had
experienced problems regarding parking where there were competing
interests. He stated it was difficult to balance these
interests.
Mayor Pro Tempore Bullock stated that the 77th Street
Project will eliminate street parking and decrease the number of
parking spaces available in the area. He stated concern that the
tenants and owners could not resolve the parking problem among
themselves.
M/Bullock, S/Ludeman to deny the request of Hope's Chow
Mein, 7627 Lvndale Avenue, for an amended conditional use permit
to allow the expansion of the restaurant and addition of 26
seats.
Motion carried 3-1. (Sandahl opposed)
Item #6 CONSIDERATION OF REQUEST FOR APPROVAL OF SUBDIVISION
WAIVER AT 7626-44 KNOX AVEN[JE. C.L. NO. 166
City Manager Prosser reviewed Council Letter No. 166
regarding the request of Leaseback Properties Limited Partnership
for a subdivision waiver in order to divide 7626-44 Knox Avenue
into two separate lots with a commercial building on each lot.
M/Ludeman, S/Sandahl to close the public hearing.
Motion carried 4-O.
M/Sandahl, S/Stokes 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. 7892
RESOLUTION AUTHORIZING SUBDIVISION WAIVER
(7626-44 KNOX AVENUE SOUTH)
1
Motion carried 4-O. This resolution appears as Resolution
No. 7892 in Resolution Hook No. 61.
r~
Council Meeting Minutes -7- July 13, 1992
Item #7 CONSIDERATION OF APPLICATION FOR NEW RESIDENTIAL KENNEL
LICENSE, 6914 CEDAR AVEIWE, 3 DOGS AND 1 CAT.
C.L. NO. 167
City Manager Prosser reviewed Council Letter No. 167
regarding the application of David Ya~ko and Teri Schweiss for a
residential kennel license for 3 dogs and 1 cat at 6914 Cedar
Avenue.
Council Member Ludeman requested that discussion of the
policy regarding the maximum number of animals allowed for a
residential kennel license be scheduled for a future meeting.
City Manager Prosser stated that the issue would be
scheduled for the August 3 City Council Study Session.
M/Sandahl, S/Ludeman to close the public hearing.
Motion carried 4-Q.
M/Sandahl, S/Stokes to approve the application of David
Ya,jko and Teri Schweiss for a residential kennel license for 3
dogs and 1 cat at 6914 Cedar Avenue. _r
Motion carried 4-0.
Item #8 CONSIDERATION OF APPLICATION FOR NEW RESIDENTIAL KENNEL
LICENSE, 6533 19TH AVENUE, 3 DOGS.. C.L. NO. 168
City Manager Prosser reviewed Council Letter No. 168
regarding the application of Craig Stodola for a residential
kennel license for 3 dogs at 6533 19th Avenue.
M/Sandahl, S/Ludeman to close the public hearing.
Motion carried 4-0.
M/Ludeman, S/Sandahl to approve the application of Craig
Stodola for a residential kennel license for 3 dogs at 6533 19th
Avenue.
Motion carried 4-0.
Council Meeting Minutes -8- July 13, 1992
Item #9 CONSIDERATION OF ACCEPTANCE OF RICHFIELD COMPREHENSIVE
ANNUAL FINANCIAL REPORT FOR FISCAL YEAR ENDED DECEMBER
31, 1991. C.L. NO. 169
City Manager Prosser reviewed Council Letter No. 169
regarding the presentation of the 1991 Comprehensive Annual
Financial Report.
Council Member Ludeman reviewed the comments of the City's
auditor's, Deloitte & Touche, regarding the City's comprehensive
Annual Financial Report. He stated the City had done a good job
of controlling its budget at a time when Local Government Aids
were reduced by the State. He indicated the State Auditor's
report regarding city per capita spending was misleading because
it included such things as the golf course, swimming pool, and
ice arena. Not all cities have these programs, therefore, the
per capita comparisons are not fair.
Mayor Pro Tempore Bullock stated that the auditors had found
no significant items of concern. He stated that the differences
between communities such as Richfield which has a full time fire
department and a golf course and communities who do not have such
services makes the State Auditor's per capita figures difficult
to fairly interpret.
City Manager Prosser indicated that the suggestion to
highlight major projects in the Comprehensive Annual Financial
Report will be accommodated.
M/Sandahl, S/Ludeman to accept the Comprehensive Annual
Financial Report of the City for the year ended December 31,
1991.
Motion carried 4-0.
Item #10 AIRPORT STATUS REPORT
City Manager Prosser reviewed the status of the following
airport issues:
• MAC receipt of work study program regarding New Ford Town
and Rich Acres Buyout.
I
II
_J
1
• Contact with the Legislature regarding replacement of tax
revenue loss from the New Ford Town and Rich Acres buyout.
Council Meeting Minutes -9- July 13, 1992
• Part 150 sound insulation program.
• Runway 4-22 Extension Draft E.I.S. comments submittal.
Item #11 LEGISLATIVE REPORT
Council Member Ludeman stated that a Finding of No
Significant Impact (FONSI) had been approved for the E.I.S. of
the 77th Street Project. City Manager Prosser stated a
newsletter will be mailed to property owners in the 77th Street
area regarding the status of the project.
City Manager Prosser stated that staff is preparing a report
for submittal to the City Council regarding the implementation
and the costs related to legislation enacted in the 1992
Legislation Session.
City Manager Prosser stated that the City is monitor-ing
federal highway legislation and implementing the federal ADA
legislation.
Item #12 COUNCIL DISCUSSION ITEMS
Mayor Pro Tempore Bullock thanked City staff and the Fourth
of July Committee for their efforts in the successful conduct of
the Fourth of July Celebration.
Item #13 CLAIMS AND PAYROLLS
M/Ludeman, S/Stokes that the following claims and payrolls
be approved:
RICHFIELD BANK & TRUST CO.
Checks 15516-15590; 33773-34174 $1,598,876.25
NORWEST BANK
Check 1145-1146 $ 16,000.00
Council Meeting Minutes
-10- July 13, 1992
FIRSTAR BANK
Checks 6879-6906
Checks 57802-57840.; 58737-59169
$ 708,849.65
$ 389,838.62
Motion carried 4-0.
ADJOURNMENT
M/Ludeman, S/Sandahl ~o ad_journ the meeting.
Motion carried 4-0.
The meeting was adjourned at 8:14 p.m.
Date Approved: 7/27/92
iam u ock
or P Tempore
Thomas P. Ferber Jam s D. Prosser
City Clerk Ci Manager