07-09-1984CITY OF RICHFIELD
RH3GULAR COUNCIL MEETING
JULY g, 1984
N~NIBERS PRESENT: John Hamilton, Mayor
Council Members: Martin Kirsch, Donald Priebe, Ivan Ludeman
~.
MEMBERS ABSENT: Howard Bunce (arrived late)
STAFF PRESENT: John Cartwright, City Manager; John Dean, City Attorney;
Sylvia Bergh, City Clerk; Dennis Kraft, Community Develop-
ment Director; David Skrien, Acting Community Services
Director; Ron Rankin, Administrative Services Director/
Assistant City Manager.
The meeting was called to order at 7:04 p.m.
The Pledge of Allegiance was led by Mayor Hamilton.
APP VAL F
M/Ludeman, S/Kirsch to a rove the minutes of the s ecial meetin with
City Council and the dvisory Board of ea th and the Regular ity Cou
L"~V HiVll V4i L iG~d ~}~V •
PRES~EN' T-~O1VS
No one appeared to speak.
GA~AP- 'R L
Manager Cartwright requested the city council to add two items to the
agenda -
(1) Proposal to Hennepin County soliciting Community Development Block Grant
monies to conduct a Community Center long-range facility and programming plan.
(2) Request from the Nautilus Swim and Fitness Club to erect two illuminated
signs.
Ivan Ludeman also requested an addition to the agenda concerning the public
address system in the council chambers for cable casting. He said people
he has talked to have had difficulty hearing the council proceedings
over Cable TV.
M/Ludeman, S/Priebe to approve the 'agenda as amended.
Motion carried 4-0.
ITEM 1.PRESENTATION OF PROCLAMATION DESI NATING WEII{ OF JULY 20, 1984
AS EMPLOYEE RECOGNITION WEEK Ft~R CITY EMPIAYEES
Council Meeting Minutes -2-
July 9, 1984
Hamilton introduced this item. and read the Employee Recognition Week
Proclamation. City Manager Cartwright outlined the dates and special events
during that week to council members and invited them to attend these events.
M/Ludeman, S/Priebe to approve the employee recognition week proclamation
as presented. •"•`"
.... .....,.. a
Motion carried 4-0.
I 2. 1VSENT CALENDAR '
M/Priebe, S/Ludeman to approve .the following consent agenda items as presented
A. COUNCIL CONSIDERATION OF A PROPOSAL FOR RF~tAMING A PORTION OF LADE SHORE
DRIVE - C.L. 236; (Recommending tie street-name changes not be implemented.)
B. COUNCIL OONSIDE~ATION OF A RESOLUTION APPROVING (;OtT.amF'r~ar• FOR A CITY
APPROVED ACCOUNT AT MINi~ESOTA FEDERAL SAVINGS & LOAN
RESOLUTION N0. 6903
RESOLUTION DESIGNATING THE MINNESOTA FEDERAL SAVINGS & LOAN
ASS(3CIATION A DEPOSITORY OF THE CITY OF RICHFIELD THE YEAR
1984 AND APPROVIlVG COr.r.nm~nr.
C. COUNCIL CONSIDERATION OF A RIIaUEST FOR A PERMIT F17R AN ILLUMINATED SIGN,
26 WEST 66TH STREET (HUB SH(~PING CENTER) C.L. 239
COUNCIL CONSIDERATION OF A REI~UEST FOR A PERMIT FOR A TEMPORARY GROUND
SIGN, 6545 PORTLAND AVE. C.L. 240
D. NEW - FEE WAIVED ITINF~tANT FOOD LICENSE, BEREA LUTHERAN CHURCH, 7538
EMERSON AVENUE
NEW -AMUSEMENT DEVICE LICENSE, AMERICAN LEGION POST 435
RENEWAL -ITINERANT FOOD LICENSE, RICHFIELD HISTORICAL SOCIETY ANNUAL
TCE CREAM SOCIAL -FEE WAIVEfl RDaUEST
E. COUNCIL OONSIDERATION FOR A PERMIT FOR TWO ILLUMINATED SIGNS, NAUTILUS
FITNESSS AND SWIM CLUB -Added by City Manager Cartwright.
Motion carried 4-0.
ITEM 3. UNCIL CONSIDERATION 0 A RDaUEST FOR APPROVAL OF REZO ING, PLANNED
UNIT DEVELOPMENT, AND VARIANCES TO THE ZONING ORDINANCE FOR THE MARKET PLAZA
PROJECT (DEVELOPMENT OF THE GODFATHER BLOCK)
Dennis Kraft, Community Development Director, stated that Market Plaza
Corporation has requested that the city approve a rezoning, preliminary plat,
revised planned unit development plan, and variance to allow construction of a
mixed multiple residence and commercial development to occur on the block
bounded by 65th Street, 66th Street, Lyndale Avenue and Graham Avenue. Kraft
Council Meeting Minutes -3- July 9, 1984
reviewed a previous development proposal that had been submitted to council
members in April, 1982, but noted that second reading of that ordinance had
never been given. Kraft said the current proposal submitted by Market Plaza
Corporation includes a 13 story condominium structure, 70 square feet of
commercial space with an interior mall and 162 units of rental housing that will
be targeted for the adult community. Kraft noted that the existing Wendy's
Restaurant on the corner of 65th Street and Lyndale will remain ~t its present
site.
Dick Krier, representing Market Plaza Corp.,spoke on behalf of the project.
Krier asked council approval of the proposal so that his company may proceed
with the development project. '
(Mr. Bence arrived at 7:33 p.m.)
Larry Westerbeck, project architect, gave an overview of the project. Mr.
Westerbeck presented elevation and site details to the council and the audience.
He described the proposed retail spacers, the residential units which will have
balconies. Westerbeck said grey brick will be used for the exterior of the
structure. Other design elements are presently under study, and plans are to
use neutral colored wall surfaces, although dark blue color will appear on rail-
ings and awnings to add a more festive look.
Architect Gary Tushie discussed the plans for the 13 story condominium building.
He said the proposal will include three levels of parking and that two levels
will be below grade. Tushie said the color scheme between the rental and condo
units will be closely coordinated and will be complimentary, so that the
structures will appear to be unified, although they are separate and free-
standing. He also said Krause Anderson has bids on the project that will be
received Tuesday, July 10, and will share the results of this information with
council members sin after. Tushie responded to various council questions on
the 15 foot set-back of the condominium from 65th Street. Dennis Kraft said
the ordinance requirement is a 40 foot set-back for commercial property.
Dick Krier presented council members with a letter from Westwood Planning and
F~gineering Co. that recommends the vacation of Graham Avenue South between
65th and 66th Street. Krier stated that if Graham were vacated a new private
street would be constructed and it could be called "Richland Place". Krier
said the goal of the street vacation would be to better circulate vehicular and
pedestrian traffic in light of the new developments on the block. It was
recommended that the council act upon this proposed vacation at a later date.
Mr. Gary Anderson, 6828 Garfield, asked about trash removal from the proposed
building. He said it may be awkward to have access for removal from the under-
ground garages. Mr. Krier responded that a trash compactor in the garage area
is being considered and steps will be taken to assure proper refuse removal.
Dennis Kraft, Community Development Director, briefly reviewed the seven ordi-
nance requirements regarding multiple family residential districts and other
conditions pertinent to the requests included in the presentation. He also
reviewed staff findings regarding parking, set backs, and building height
regarding the proposed development. Kraft also said the Market Plaza
proposal is consistent with the Richfield Comprehensive Plan and the L/H/N
redevelopment plan.
Council Meeting Minutes -4- July 9, 1984
Kraft described the development as reducing the under-utilization of land by
intensively developing the block in a unified and intzgrated manner, providing
a compatible environment for shopping, pedestrian amenities, provision of
additional housing choices which will relate to the an~nities of Richfield Lake,
the reduction in the number of curb cuts on mayor streets to provide improved
traffic flow and improved employment opportunities and tax revenue for the city.
He said the condominium structure will be the tallest building in Richfield and
this structure will be angled to reduce the effect of shadowing on adjacent
properties, residential and commercial. The proposal includes a request for a
median break on 66th Street west of Lyndale Avenue to allow east-found traffic
to enter the site from 66th Street. Kraft said this will help assure the
commercial viability for the project.
Kraft said the three conditions for granting variances to facilitate this
project have been met.
M/Bones, S/Priebe to close the hearing.
Motion carried 5-0.
M/Bones, S/Kirsch to approve. the preliminary PUD Plan subject to the followin
stipulations:
1. All landscaped areas are to be irrigated.
2. That the appropriate easements be provided for landscape purposes
adjacent to 66th Street and Lyndale Avenue.
3. That a final utility and drainage plan be submitted for
approval by staff.
4. That a fire protection system be submitted for approval by the
Public Safety Department.
Motion carried 5-0.
Bill 1984-15, "Amendment to Appendix C of the Ordinance Code of the City of
Richfield, Minnesota", was read and reviewed by City Attorney John Dean, the
same being on file in the office of the city clerk. (C-243)
M/Bones, S/Priebe that this constitute a second readin of Bill 1964-15' that
it be published in e o is a newspaper and t i be made a part o -these
minutes.
Motion carried~5-0.
M/Priebe, S/Bones to approve the preliminary plat subject to provision of a
subdivision title., and information on existing buildings and surrounding
Subdivision A.
Motion carried 4-1. Nay - Ivan Ludeman, due to concerns about the condominium
set back.
M/Kirch, S/Priebe to approve the following variances.
1. To increase the maximum allowable floor area from 269,462 square
feet to 385,170 square feet.
Council Meeting Minutes -5-
July 9, 1984
2. To reduce the minimum amount of livability space provided from
154,863.2 square feet to 58,326 square feet.
3. To reduce the minimum of recreation space provided from
27,101.06 square feet to 16,410 square feet.
Motion carried 4-1. Nay -Ivan Ludeman.
6
I 5. UN L CONS T N F A VARI TO Z ING 0
PERMiT AN ENCLOSID VESTIBiJLE WITHIN THE TWO AND ONE-HALF FEET OF THE
NORTHERN SIDE LOT PROPERTY LINE AT 6837 GARFIELD AVEWE
Mayor Hamilton and City Manager Cartwright recommended that this item be
removed from tonight's agenda, that the request for variance be withdrawn,
and that the money paid for the variance request be refunded to the applicant,
Mrs. Audrey H. Pearson. It is believed that since the structure was built
some eight years ago, it would be lacking merit to pursue the matter at this
time .
Audrey Pearson, 6837 Garfield, withdrew her request for the variance and
also requested that the $112 fee be refunded to her.
M/Ludeman, S/Bunce to
refund of the fees as
Motion carried 5-0.
withdrawal of the variance ret
7. UN COS OF RDa R Z FRO 1
BUSINESS TO C-2 GENERAL CONfl'~RCIAL, SPECIAL USE PERMIT AND A VARIANCE TO THE
SETBACK CODES TO PERMIT CONSTRUCTION OF A FOOD-N-FUEL GASOLINE AND CONVENIENCE
SPORE AT 730'1 PENN AVIIVUE
Dennis Kraft, Community Development Director, reported that the proposed project
would entail a new commercial building housing aFood-N--Fuel gasoline conven-
ience store station, as well as rental space for two tenants. Kraft said the
current zoning is C-1, which is a limited business district and does not allow
for the conduct of a service/station store business. He reviewed the zaning
ordinance requirements necessary to facilitate the request and discussed the
staff's review. Kraft stated that the three conditions necessary for granting
a variance would not be met for the following reasons:
1. There are no special circumstances which make it physically
impossible to locate the structure within the required setbacks.
2. That granting the variance is not necessary to preserve the
land owner's property rights.
3. Granting the variance allowing the building to be located 9 feet
closer to the street than usual would adversely affect the
neighborhood.
Kraft also reported the planning commission recommended denial of these
requests.
Mr. Don Poupard, owner of the property at 7301 Penn, presented the council
the council with a petition similar to the petition that he submitted a year
ago that shows over 55~ neighborhood support far his rezoning proposal.
Poupard also showed a site plan that his architects have been working with and
referred to his planned proposal as a small "strip center" development.
Council Meeting Minutes -6- July 9, 1984.
Jack Deeger, 7300 Oliver Avenue South, and who has lived in the corner house
residence since 1955, said he strongly opposes this rezoning. He cited nuisance
factors such as boisterous behavior, tankers pulling in and out in the middle
of the night, squealing of tires, glaring of lights, trash blowing in the
residential areas, etc. Deeger called the station an "island of commercialism"
in the neighborhood. Deeger also challenged the current accuracy of Mr.
Poupard's petition. He called upon the audience to stand if they oppose the
rezoning and 15 or 16 people did stand when he called the question.
Ron Hunnington, 7308 Penn Avenue South, said he opposes rezoning also. His
concern is primarily the glaring lights. Hunnington said he finds lights
glaring into his home at late night and early morning to be very disruptive to
his family life. Mr. Hunnington also sent a letter to the council which was
attached in the packet materials.
M/Ludeman, S/Bunce to c3.o~ a he~g.
Motion carried 5-0.
M/Kirsch to refer this issue back to the planning commission for further study.
The motion died for lack of a second.
M/Kirsch, S/Ludeman to deny the rezoning.
Motion carried 5-0.
Mr. Poupard requested permission to withdraw the special. use permit and
variance requests, and a refund of fees paid.
M/Ludeman, S/Bunce to a` rove the uest for withdrawal of the s ecial use
Hermit and variance v Mr. our~ar and to refund that nor ono monies t
Motion carried 5-0.
4• L N N 0 A EC AL E T UES
DAY CARE ENROLLMENT AT WOODLAKE LUZi~Rt~N CHURCH, 7525 OLIVEEt AVENUE
City Manager Cartwright reviewed the request of the Woodlake Children's
Center for permission to increase daycare nursery services. There is presently
an enrollment maximum of &0 children, and an increase of the combined enrollment
to 91 youngsters is being requested. This increase would facilitate the
addition of a new toddlerjinfant program. Immediately surrounding-the site are
multiple family residential land uses and a junior high school lies to the north
of the Woodlake Children's Center.
Mr. Cartwright further reviewed the zoning ordinance requirements and staff's
review of the proposal. He said the staff and planning commission unanimously
recommended approval of the increased enrollment and special use permit pro-
viding that two conditions are met: that the children's center receive
permission from all appropriate licensing authorities prior to the enrollment
increase; and, that fire code violations be remedied to the satisfaction
of the Public Safety Department prior to the enrollment increase being imple-
mented.
M/Bunce, S/Ludeman to close the hearing.
Motion carried 5-0.
Council Meeting Minutes -7-
M/Ludeman, S/Bunce to a rove the special use
the two conditions out ne the siaff repo
Motion carried 5-0.
July 9, 1984
permit as rec
I CO CIL CO S -ION A AL USE P TO
PERMIT OPERATION OF AN AUTOMOTNE TIRE AND SERVICE CENTER AT 6544 PORTLAND
AVFIWE
to
City Manager Cartwright provided a summary of the request by Lyndale-Hardware
to open an automotive fire and service center. James Cooperman, architect for
Lyndale Hardware, showed drawings of the proposed plan. He also said there is
resently a 33 foot right-of-way easement between the center line of 66th Street
and their property line. Mr. Cooperman said his clients will reorient the-
building toward Portland Avenue rather than toward 66th Street. He also said
the new structure will be more aesthetically pleasing than the service station
that is presently there.
Council members commented on the need for more information about the potential
need for additional right-of-way for future intersection improvements. It was
suggested this item be continued to the next meeting in order to receive further
information.
Bob McGovern, general manager of S & M Company, responded to council questions
and said that his firm would accept a two week delay in council consideration
of this item.
City Manager Cartwright said staff would follow up on whether or not adequate
right-of-way presently exists in this vicinity.
M/Ludeman, S/Kirsch to continue the public hearing to the next council meeting
of July 23 , 1984 .
Motion carried 5-0.
ADMINISTRATIVE REPO S & OTHER BUSINESS
I 8. UN NS 0 , ID AB I OF
CONTRACT FOR COMMUNITY CENTER REMODELING PROJECT
City Manager Cartwright summarized the Community Center plans for expansion,
which include. storage space expansion on the upper level, kitchen
improvements and addition of an arts and crafts room. He said further
partitioning will occur and elderly and handicapped accessibility will ~
improved. Mr. Cartwright recommended that the council award a contract to
Maertens-Brenny Construction Co. in a the total amount of $87,150, for the
construction of the Community Center improvements.
M/Bunce, S/Ludeman to approve the award to Maertens-Brenny as proposed..
Motion carried. 5-0
Mr. J. Andre LaTondresse, architect for the project, assured the city council
that this remodeling of the Community Center will not be disrupted by future
building revisions.. Mr. Ludeman expressed concern that the city should not
do something that will need to be undone in the future.
Council Meeting Minutes -8-
July 9, 1984
. D P B G AL APPLI ON
This item had been added to the agenda at the request of City Manager
Cartwright. He asked the council to authorize the city staff to apply to
Hennepin County for Community Development Block Grant monies to conduct a
long-range study of the Community Center, particularly as it relates to
expanding elderly and handicapped programs. Cartwright said Hennepin County.
has some $300,000 -that is presently unallocated which must be reallocate
during the coming year. The study will cost approximately $45,000.
Dennis Kraft said t1~at the grant would be submitted Tuesday, July 10, 1984,
if the council approves the request to proceed.
M/Ludeman, S/Kirsch to approve the grant proposal.
Motion carried 5~0.
UN D 0
I
Ludeman stated his concerns over the inadequacy of the public address system
in the council chambers and recommended the overhaul of the existing sound
system since the meetings now are on Cable TV. He suggested a professional
analysis of the sound system. Assistant City Manager/Administrative Services
Director Rankin responded that the staff is p].arming to upgrade the system with
the initiation of the new Cable casting equipment.
Council member Priebe commended the 4th of July Committee for its excellent
job on this past Wednesday's activities. Priebe urged that a Resolution of
Support and Appreciation be drafted to honor the committee's success. Mayor
Hamilton agreed to have one provided for consideration at the city council
meeting of July 23.
Council member Bunce said he is desirous of erecting a permanent pole for a
speaker to be placed at Legion Lake. Mr. Bunce feels that this will improve the
spound distribution to the 4th of July crowds, who apparently have trouble
hearing what's going on during the holiday speeches and events. Cartwright
assured Mr. Bunce that this would be investigated promptly and a report be made
to the city council.
I 10. PAYR
M/Ludeman, S/Priebe to approve the claims and payrolls as submitted.
RI(~iFIELD BA1~{ & TRUST
Checks 4714/4769 70859/71160 $ 416,820.07
SUMMIT STATE BANK
Checks 2562/1581 General $1,326,008.39
Checks 35481/35932 Payroll 273,374.88
1
Council Meeting Minutes -9-
Motion carried 5-0.
M/Hamilton, S/Ludeman to adjourn the meeting.
Motion carried 5-0.
The meeting was adjourned at 10:00 p.m.
Date Approved• July 23, 1 84
y a er i r
July 9, 1984