06-09-1986CITY OF RICHFIELD, MINNESOTA
REGULAR CITY COUNCIL MEETING
JUNE 9, 1986
MEMBERS PRESENT: John Hamilton, Mayor; Ivan Ludeman; Michael
Sandahl; Martin Kirsch; and Edwina Garcia.
STAFF PRESENT: Steven Devich, Acting City Manager; Thomas P.
Ferber, City Clerk; Donald Fondrick~,
Community Services Director; Dennis Kraft,
Community Development Director; and Clayton
LeFevere, City Attorney.
The meeting was called to order by Mayor Hamilton at 7:02 p.m.
PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE
Mayor Hamilton led the audience in the Pledge of Allegiance.
APPROVAL OF MINUTES
M/Sandahl, S/Garcia to approve the minutes of the regular
city council meeting of May 27, 1986; and the special city
council study session of May 27, 1986.
Motion carried 5-0.
Item #1 PRESENTATION OF A CERTIFICATE OF APPRECIATION TO JAMES.
SWANSON. C.L. 218.
Mayor Hamilton presented a Certificate of Appreciation to
James Swanson for his years of service to the Richfield
community.
Council Minutes -2- June 9, 1986
Item #2 PRESENTATION OF LEAGUE OF MINNESOTA CITIES COMMENDATION
OF OUTSTANDING MUNICIPAL SERVICE AWARD TO MAYOR
HAMILTON. C.L. 219.
Acting City Manager Devich presented a Certificate of
Commendation from the League of Minnesota Cities to Mayor
Hamilton for his distinguished municipal services.
Item #3 OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL
ON ANY .ITEM NOT LISTED ON THE AGENDA.
No one wished to address the council.
Item #4 COUNCIL APPROVAL OF AGENDA
M/Ludeman, S/Kirsch to approve the agenda.
Motion carried 5-0.
Item #5 CONSENT CALENDAR
A. APPROVAL OF PURCHASE IN EXCESS OF $5,000 - FIREWORKS
FOR FOURTH OF JULY. C.L. 220.
B. APPROVAL OF MINUTES, TABULATION OF BIDS AND AWARD OF
CONTRACT FOR THE 1986 ALLEY PAVING PROJECT. C.L. 221
RESOLUTION N0. 7172
RESOLUTION ACCEPTING AND AWARDING CONTRACT FOR
ALLEY PAVING AND APPURTENANT WORK
CITY PROJECT N0. 822
C. APPROVAL OF AGREEMENT WITH HENNEPIN COUNTY FOR RECEIPT
OF FUNDING FOR COMMUNITY HEALTH SERVICES. C.L. 222.
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Council Minutes
-3-
D. APPROVAL OF CONTRACT WITH
OFFICE TO PERMIT RICHFIELD
HOTEL/MOTEL INSPECTIONS.
June 9, 1986
THE STATE FIRE INSPECTOR'S
FIREFIGHTERS TO CONDUCT
C.L. 223.
E. APPROVAL OF STAFF REQUEST TO SUBMIT GRANT 'APPLICATIONS
FOR PROGRAM TO DEVELOP AND PROMOTE INTEGRATION OF
DISABLED INDIVIDUALS INTO COMMUNITY BASED PROGRAMS.
C.L. 224.
F. APPROVAL OF REQUEST FOR PERMIT FOR ILLUMINATED SIGNS,
2401 WEST 66TH STREET. C.L. 225.
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G. APPROVAL OF REQUEST FOR FOUR ILLUMINATED SIGNS AT
WALGREEN'S, 12 WEST 66TH STREET. C.L. 226.
H. APPROVAL OF RENEWAL OF RESIDENTIAL KENNEL LICENSE,
MARGARET MCADAMS, 6400 16TH AVENUE - 3 DOGS.
I. APPROVAL OF RENEWAL OF COMMERCIAL KENNEL LICENSE,
WOODLAKE VETERINARY HOSPITAL, 6436 LYNDALE AVENUE.
J. APPROVAL OF ESTIMATE #4, STORM SEWER IMPROVEMENTS,
NORBY AND WILSON PONDS, ARCON CONSTRUCTION -
$190,410.33.
M/Ludeman, S/Sandahl to approve the consent calendar.
Motion carried 5-0.
Item #6 CONSIDERATION OF A RESOLUTION OPPOSING THE EXTENSION OF
RUNWAY 4-22. C.L. 228.
Acting City Manager Devich reviewed Council Letter No. 228
regarding the short term and long term measures contained in the
Noise Abatement Program, including the extension of Runway 4-22.
State Senator Michael Freeman, 7115 16th Avenue, reviewed
the history of the Metropolitan Airports Commission's position
regarding the extension of Runway 4-22. Senator Freeman stated
his opposition to the extension of Runway 4-22 because it would
be detrimental to Richfield and Bloomington by increasing
aircraft noise in these communities.
Don Priebe, 7225 Bloomington Avenue, stated that city
council action to officially oppose the extension of Runway 4-22
would be dust one step in the effort to control airport noise in
Richfield. He stated an organizational meeting of concerned
Council Minutes -4- June 9, 1986
citizens would be held on June 11, 1986, 7:00 p.m. at the
Richfield Community Center for the purpose of addressing the
airport noise issue.
M/Ludeman, S/Kirsch to close the public hearing.
Motion carried 5-0.
M/Garcia, 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 N0. 7173
RESOLUTION OPPOSING THE SOUTHWESTERLY
EXTENSION OF RUNWAY 4-22 AT THE
MINNEAPOLIS-ST. PAUL INTERNATIONAL AIRPORT
Motion carried 5-0. This resolution appears as Resolution
No. 7173 in Resolution Book No. 54.
Mayor Hamilton stated that copies of this resolution will be
sent to the Metropolitan Airports Commission and the Governor.
Item #7 PUBLIC HEARING ON A REQUEST TO REZONE THE SITE AT
2500 AND 2516 HEST 66TH STREET FROM R SINGLE FAMILY
RESIDENTIAL TO PMR PLANNED MULTIPLE RESIDENTIAL ZONING
TO ALLOW THE LOUISE WHITBECK ERASER SCHOOL TO CONSTRUCT
A 30-UNIT APARTMENT FOR DEVELOPMENTALLY DISABLED ADULTS
ON THE SITE AND A REQUEST FOR A PLANNED UNIT
DEVELOPMENT PLAN. C.L. 229.
Acting City Manager Devich reviewed Council Letter No. 229
regarding a request to rezone the property located at 2500 and
2512 West 66th Street from R single family residential to PMR
planned multiple residential zoning to allow the Louise Whitbeck
Fraser School to construct a 30 unit apartment for
developmentally disabled adults on the site.
Community Development Director Kraft summarized the staff
review of the proposal and a comparison of what would be required
for this type of development by the normal multiple family
residential zoning standards and that which would be required by
the planned unit development ordinance.
Dr. Robert Kowalczyk, President of the Louise Whitbeck
Fraser School, reviewed the history of the school and the
services it provides. He stated that the school had picked this
Council Minutes -5- June 9, 1986
site because it was located in a HUD priority area, it is
accessible to public transit and shopping, and because the
Richfield community has a tradition as being a leader in this
field.
David Frank, KKE Architects, reviewed the site plan of the
development and indicated revisions had been made to provide a
larger buffer area along the north boundary of the site.
Bob Gunderson, attorney for the applicant, stated that the
proposed land use is consistent with the city's Comprehensive
Plan and would provide a transitional buffer between the 66th
Street arterial and the single family residential area.
Howard Bunce, 7608 Sheridan Avenue, representing the
Richfield Chamber of Commerce, read a statement expressing the
support of the Chamber for this project.
Richard Mattilla, 6525 Sheridan Avenue, stated that elected
officials should listen to the majority of the citizens who have
expressed opposition to the project and vote to deny approval of
the project.
Pastor Paul Romstad, 7501 Newton Avenue, stated-that the
question had been asked who would be helped by this project. The
answer is that 30 developmentally disabled people would be given
a chance to live and work in the community. He stated that his
daughter is mentally handicapped and a graduate of Fraser School
and urged the council to approve of the project to provide a
community housing opportunity for the developmentally disabled.
Mark Erspamer, 201 West 72nd Street, stated that this
project would have a positive affect on the Richfield community.
Emil Mattila, 6527 Sheridan Avenue, stated his opposition to
the construction of a 3 story apartment building on the site
because he felt it would destroy the residential character of the
neighborhood.
Paul Kosmides, 2500 West 66th Street, stated that his site
was appropriate for this use and would be a positive step for the
City of Richfield to encourage this type of housing.
Todd Spinner, 2609 West 66th Street, stated his opposition
to a 3 story building on the site and questioned what type of
subsidy would be provided to the building's tenants. He also
requested a copy of the city's Comprehensive Plan.
Dr. Robert Kowalczyk stated that the residents would receive
Section 8 rent subsidies which would pay the balance of the rent
above one third of the resident's income.
Council Minutes -6- June 9, 1986
Don Ashland, 6607 Knox Avenue, noted that there is always
resistance to change but that years from now people will be proud
to have this project in Richfield. He urged the council to
approve the project.
Mike Larish, 6532 Sheridan Avenue, stated that allowing a 3
story building on this site would set a precedent leading to
further loss of residential properties to developers.
Helen Peterson, 2400 West 65 1/2 Street, stated opposition
to the height of the building.
Joan Helmberger, 6914 Park Avenue, spoke in support of the
proposed project.
Council Member Ludeman stated he opposed the project because
of the parking situation, driveway apron width, and variance
needed. He stated he had encouraged Fraser School to purchase
the property to the east to provide a larger site to build a two
story building.
Council Member Sandahl said that after reviewing all the
issues, his decision was to support approval of the project.
Council Member Kirsch stated that he had received many calls
regarding the project and after looking at all aspects of the
project, he had decided that it is a good project for Richfield
and would in the future also be supported by the neighborhood.
Council Member Garcia stated that the city cannot afford to
maintain the status quo, the tax base needs to be expanded, and
that-this proposal is a sound concept that will have a positive
affect on the community.
Mayor Hamilton stated his support for the project and his
feeling that it would enhance the neighborhood.
Council Member Kirsch urged the architect to investigate the
feasibility of making the driveway opening 26 feet instead of 23
feet.
M/Garcia, S/Sandahl to close the public hearing.
Motion carried 5-0.
M/Kirsch, S/Sandahl that this constitute the First Reading
of this ordinance amendment and that the Public Hearing and
Second Reading of the ordinance amendment be scheduled for June
23, 1986, with the stipulation that the PUD, when considered.,
shall address the followinc matters in addition to those in
Section 3.34A of the ordinance code:
Council Minutes
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June 9, 1986
1. That the applicant submit additional design detail of
the north boundary of the site to demonstrate that a
sufficient screen and buffer if provided between the
site and the adjacent single family residential
properties; '
2. That a f
engineer
al drainage plan be
or approval;
submitted to the ci
3. That the applicant provide additional parking on the
site as indicated if the city determines that
additional parking is needed in the future;
4. That the applicant complete a shadow analysis to
confirm that there will be no significant effect
adjacent properties.
Motion carried 4-1. (Ludeman opposed).
Acting City Manager Devich stated that approval of the
Planned Unit Development plan would also be considered by the
council at the June 23, 1986 meeting.
Item #8 PUBLIC HEARING ON A REQUEST TO VACATE THE SOUTHERN
ONE-HALF OF THE ALLEYWAY BETWEEN NEST OF GRAND AVENUE,
EAST OF HARRIET AVENUE, BETWEEN WEST 73RD STREET AND
WEST 74TH STREET. C.L. 230
Acting City Manager Devich reviewed Council Letter No. 230
regarding a request to vacate the southern one-half of the alley
located between Grand Avenue and Harriet Avenue, from 73rd Street
to 74th Street.
George Brisbin, 7344 Grand Avenue, spoke in support of
vacation of half of the alley citing as reasons the lack of use
to his property, poor maintenance, other half alleys in the city,
opposition to paying for paving for the alley and the fee title
issue regarding the alley.
City Attorney LeFevere stated that the city has fee interest
in the title of the land.
Barb Bacon, 7345 Harriet Avenue, spoke in favor of the
vacation because of damage to her driveway by vehicles cutting
across the end of the alley, snowplowing concerns and recent
vandalism to her car.
Council Minutes
-8-
June 9, 1986
Shirley Johnson, 7317 Harriet Avenue, spoke in opposition to
the alley vacation request.
Marian Miller, 7316 Grand Avenue, stated her opposition to
the vacation request and her support for paving the alley.
Council Member Sandahl requested that better maps be
provided to the council in the future for background information
on these types of issues.
M/Kirsch, S/Garcia to close the public hearing.
Motion carried 5-0.
M/Ludeman, S/Garcia to deny the request for the vacation of
the southern one-half of the alleyway of the 7300 block between
Grand Avenue and Harriet Avenue.
Motion carried 4-1.
(Sandahl opposed).
Item ~9 PUBLIC HEARING ON THE L/H/N LAND USE AMENDMENT N0. 5
FOR THE PROPERTY AT 64TH STREET AND LYNDALE AVENUE.
C.L. 235.
Community Development Director Kraft reviewed Council Letter
No. 235 regarding L/H/N Land Use Amendment No. 5 to amend the
land use for the property located on the east side of Lyndale
Avenue between 64th Street and 65th Street from multifamily to
commercial. He recommended that the city council hold the public
hearing and note the opinions expressed. Formal action on the
proposed amendment will not be taken until comments are received
from the Metropolitan Council.
M/Kirsch, S/Ludeman to close the public hearing.
Motion carried 5-0.
Item #10 PUBLIC HEARING ON A REQUEST TO VACATE THE ALLEY
LOCATED EAST OF 19TH AVENUE AND WEST OF 20TH AVENUE,
ABUTTING PROPERTIES AT 6532 20TH AVENUE AND 6533
19TH AVENUE. C.L. 231.
Acting City Manager Devich reviewed Council Letter No. 231
regarding a request to vacate the alley located on the block
between 19th Avenue and 20th Avenue, 65th Street and 66th Street.
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Council Minutes -9- June 9, 1986
John Engeldinger, 6532 20th Avenue, asked that a second
reading of the transitory ordinance providing for the vacation
of the alley be delayed until July 14, 1986 to provide time for
further discussion with North Star Bumper Exchange regarding the
vacation.
M/Ludeman, S/Garcia to close the public hearing.
Motion carried 5-0.
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 N0. 7174
RESOLUTION RECEIVING ALLEYWAY
VACATION PETITION AND CALLING
FOR PUBLIC HEARING
Motion carried 5-0. This resolution appears Resolution No.
7174 in Resolution Book No. 54.
M/Ludeman, S/Kirsch that this constitute the First Reading
of this transitory ordinance and that the Public Hearing and
Second Reading of the transitory ordinance be scheduled for Jun
23, 1986.
Motion carried 5-0.
Item #11 PUBLIC HEARING FOR A SPECIAL USE PERMIT TO ALLOW A
GASOLINE SERVICE STATION/CONVENIENCE STORE AT 1120
EAST 78TH STREET. C.L. 232.
Community Development Director Kraft reviewed Council Letter
No. 232 regarding an application by James D. Filippi, North Star
Engineering Consultants, Inc., for special use permit to allow a
gasoline service station/convenience store at 1120 East 78th
Street.
Council Member Ludeman left the council meeting at this time
(9:35 p.m.).
James Filippi, North Star Engineering Consultants, Inc.,
reviewed the site plan for the project and stated that the
stipulations recommended by the Planning Commission and city
staff were acceptable.
Council Minutes -10- June 9, 1986
Council Member Garcia asked if this property may need to be
acquired for I494 improvements.
Community Development Director Kraft stated that this may be
the case depending on the results of the 1494 Corridor Study.
James Filippi stated he was willing to accept that risk.
M/Sandahl, S/Garcia to close the public hearing.
Motion carried 4-0.
M/Kirsch, S/Sandahl to approve a special use permit to allow
the construction of a gasoline service station/convenience store
at 1120 East 78th Street with the followin stipulations:
1. That the southerly curb on 12th Avenue be 40 feet from
the intersection;
2. That adequate screening be provided to separate the
site from residential properties to the north, and is
subject to the approval of city staff;
3. That the consti
is sub.iect to t
Division staff;
ction of the R.V. Dump on the site
e_approval of the Health and Sewer
4. That a variance be obtained to allow the cano
18 feet high instead of 16 feet or the canopy
redesigned not to exceed 16~feet in heioht.
Motion carried 4-0.
to be
Item #12 PUBLIC HEARING ON A REQUEST FOR A SPECIAL USE PERMIT
TO ALLOW A FOUR BAY AUTOMOBILE SERVICE CENTER AT
6445 PENN AVENUE. C.L. 233.
Acting City Manager Devich reviewed Council Letter No. 233
regarding an application by Austin Smith for a special use permit
to allow a four bay automobile service center at 6445 Penn
Avenue.
M/Garcia, S/Sandahl to close the public hearing.
four
Motion carried 4-0.
M/Kirsch, S/Sandahl to a
for a
Fh tho
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Council Minutes
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June 9, 1986
1. The improvements meet all the necessary building and
fire codes;
2. The setback variance be obtained or that all setback
requirements are met;
3. Screening of the site from the residential property
to the east must be approved by city staff.
Motion carried 4-0.
Item #13 PUBLIC HEARING TO SUBDIVIDE THE PROPERTY AT 6228
PLEASANT AVENUE INTO TWO LOTS TO PERMIT THE
CONSTRUCTION OF AN ADDITIONAL DWELLING ON THE OTHER
LOT. C.L. 234.
Acting City Manager Devich reviewed Council Letter No ._234
regarding a request to subdivide the property at 6228 Pleasant
Avenue into two lots to permit the construction of an additional
house on the property.
Mildred Norling, 5528 Morgan Avenue, owner of 6228 Pleasant
Avenue, spoke in support of approval for the subdivision stating
it would improve the neighborhood and would be consistent with
similar sized lots in the area.
Russ Kennedy, 6241 Grand Avenue, spoke in opposition to the
request saying that no need has been demonstrated to grant a
variance and that several neighbors opposed the subdivision
request.
John Swanson, 6301 Grand Avenue, stated that the lot was
115.33 feet deep and not 125.6 feet as Ms. Norling has stated.
M/Kirsch, S/Sandahl to close the public meeting.
Motion carried 4-0.
M/Kirsch, S/Sandahl to deny the request for the subdivision
of the property located 6628 Pleasant Avenue into two lots.
M~tinn carried 4-~.
Council Minutes -12- June 9, 1986
Item X14 RESOLUTION ADOPTING THE I/L/N RESIDENTIAL ADVISORY
COMMITTEE. C.L. 236.
Acting City Manager Devich reviewed Council Letter No. 236
regarding a resolution formally establishing the I/L/N
Residential Advisory Committee and a resolution extending the
I/L/N Advisory Committee.
Council Member Kirsch suggested that the resolution
establishing the I/L/N Residential Advisory Committee include a
mechanism for the appointment of Chair and Vice-Chair.
Acting City Manager Devich stated that a sentence would be
added for that purpose.
Lawrence Wozniczka, 6744 Wentworth Avenue, stated that he
preferred to have two different people appointed in place of
Merilyn Jensen and Maggi McDermott.
M/Sandahl, S/Garcia that the following resolution be
adopted; that it be spread in the resolution book_and that it be
made part of these minutes:
RESOLUTION N0. 7175
RESOLUTION AMENDING RESOLUTION N0. 7010
RESOLUTION ESTABLISHING AN
I/L/N ADVISORY COMMITTEE
Motion carried 4-0. This resolution appears as Resolution
No. 7175 in Resolution Book No. 54.
M/Sandahl, S/Garcia that the following resolution be
adopted; that it be spread in the_r_esolution book and that it be
made part of these minutes:
RESOLUTION N0. 7176
RESOLUTION ESTABLISHING AN
I/L/N RESIDENTIAL ADVISORY COMMITTEE
Motion carried 4-0. This resolution appears as Resolution
No. 7176 in Resolution Book 54.
Council Minutes
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June 9, 1986
Item X15 RESOLUTION ESTABLISHING A PUBLIC HEARING FOR JULY 14,
1986, TO CONSIDER THE USE OF IDRB FINANCING FOR THE
HAMPTON INN PROJECT. C.L. 237.
Acting City Manager Devich reviewed Council Letter No. 237
recommending setting a public hearing for July 14, 1986 to
consider the use of IDRB financing for the Hampton Inn Project.
Community Development Director Kraft stated that the
developer had indicated their request will be for $6.6 million
instead of the $6.0 million stated in Exhibit A of the
resolution.
M/Sandahl, S/Garcia to amend ara ra h two of Exhibit A
to read $6,600,000 in place of 6,000,000.
Motion carried 4-0.
1
t the following resolution
n the resolution book and
RESOLUTION N0. 7177
RESOLUTION CALLING A PUBLIC HEARING
ON A PROPOSED PROJECT UNDER THE
MINNESOTA MUNICIPAL INDUSTRIAL
DEVELOPMENT ACT
M/Sandahl, S/Garcia th
adopted; that it be spread
made part of these minutes:
at it be
Motion carried 4-0. This resolution appears as Resolution
No. 7177 in Resolution Book No. 54.
Item #16 COUNCIL DISCUSSION ITEMS
16A. Board of Review
Acting City Manager Devich stated that the Board of Review
will reconvene on Monday, June 16, 1986 at 6:00 p.m. to consider
the pending appeals.
Council Minutes -14-
168. Maps and Materials
June 9, 1986
Acting City Manager
Council Member Kirsch stated that improvement was needed in
the maps and materials provided to the Planning Commission and
city council and that the issue may need to be addressed during
the budget process.
Item X17 CLAIMS AND PAYROLLS
M/Sandahl, S/Garcia that the following claims and payrolls
be approved:
RICHFIELD STATE BANK
Checks 7227/7279, 83242/83476
FIRST WESTERN BANK
Checks 3024/3053
Checks 11066/11440
FIRST MINNESOTA
Check 1038
Motion carried 4-0.
ADJOURNMENT
M/Garcia, S/Sandahl that the meeting adjourn.
Motion carried 4-0.
The meeting was adjourned at 10:
Date Approved: 6/23/86
homas P. Ferber
City Clerk
$ 20,000.00
1
10 p.m.
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~hn H 1 on -Mayor
~:
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en L. Devich
General $1,020,649.07
General $1,482.130.48
Payroll $ 271,105.71