06-22-1987CITY OF RICHFIELD, MINNESOTA
REGULAR CITY COUNCIL MEETING
June 22, 1987
MEMBERS PRESENT: John Hamilton, Mayor; Ivan Ludeman; Michael
Sandahl; Martin Kirsch; and Edwina Garcia.
STAFF PRESENT: James Prosser, City Manager; Steven Devich,
Administrative Services Director; Thomas P.
Ferber, City Clerk; Bill Fillmore, Liquor
Operations Director; Byron Wallace,
Community Development Director; Ron
Richardson, Police Captain; Pat Coughlin,
Assistant Fire Chief; Mike Eastling, City
Engineer; Rick Jopke, City Planner; Bruce
Palmborg, Housing & Redevelopment
Coordinator; and Ron Batty, Acting City
Attorney.
The meeting was called to order by Mayor Hamilton at 7:00 p.m.
PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE
Mayor Hamilton led the audience in the Pledge of Allegiance.
APPROVAL OF MINIITES
M/Ludeman, S/Kirsch to approve the minutes of the Board of
Review Meeting on June 1, 1987; the Board of Review Continued
Meeting on June 8, 1987; and_the regular city council meeting on
June 8, 1987. ---- -
Motion carried 5-0.
Item #1 OPPORTDNITY FOR CITIZENS TO ADDRESS THE CITY COIINCIL
ON ANY ITEM NOT LISTED ON THE AGENDA.
Mayor Hamilton introduced Miss Richfield of 1987 candidates
Tonya Hansen, Terri Kimler, Sue Kopesky, Lila Overlee, Keri
Pregler, Stacy Solberg, Kris Soiheim, and Lisa Williams. Each
candidate presented a short autobiography of themselves.
Jennifer Tolrud, Miss Richfield of 1986, thanked the City
for the opportunity to represent Richfield during the past year.
Council Meeting Minutes -2- June 22, 1987
Item #2 COUNCIL APPROVAL OF AGENDA
M/Garcia, S/Sandahl to approve the agenda.
Motion carried 5-0.
Item #3 CONSENT CALENDAR
3 A. APPROVED SIGN PERMIT FOR AN ILLUMINATED WALL SIGN AT
SMITH FISHER, 732 W. 66TH STREET AND A TEMPORARY NON-
ILLUMINATED SIGN FOR HAMPTON INN C.L. 189.
B. APPROVED RENEWAL OF RESIDENTIAL KENNEL LICENSES:
MICHAEL FLYNN, 6908 THIRD AVENUE, 3 DOGS; GARNETTE
KELBER, 6314 14TH AVENUE, 9 CATS; ESTHER LYDDON, 6733
10TH AVENUE, 4 DOGS.
M/Sandahl, S/Garcia to approve the consent calendar.
Motion carried 5-0.
Item #4 PUBLIC HEARING ON THE APPEAL OF THE HEARING EXAMINERS
DENIAL OF A REQUEST TO PERMIT CONSTRUCTION OF A GARAGE
WITH A FIVE FOOT SIDEYARD SETBACK INSTEAD OF 10 FEET AT
2028 W. 68TH STREET. C.L. 190
City Manager Prosser reviewed Council Letter No. 190
recommending that the city council uphold the decision of the
Hearing Examiner to deny the variance request to reduce the
interior sideyard setback to 5 feet for a single family residence
in an "R-1" district at 2028 West 68th Street.
Barbara Sharpe, 2028 West 68th Street, reviewed the contents
of her letter {pages #4-9, #4-10, and #4-11 of council agenda
packet) detailing the basis of her appeal of the Hearing
Examiners decision.
Robert Wagner, 2009 West Forest Drive, spoke in support of
granting the variance stating that this was a unique situation
and by granting the variance the 8harpe's would be able to
correct the unacceptable basement stairway problem.
Council Meeting Minutes
-3- June 22, 1987
Mayor Hamilton stated that he had visited the house and
would support granting the variance because the reduced setback
would not create a public safety problem.
Council Member Kirsch stated that the location of the
existing stairway to basement in the garage was not desirable and
noted that the neighboring property owners supported the granting
of the variance.
Council Member Garcia asked that Hearing Examiner Connie
Murray explain the procedure used for variance requests.
Connie Murray, 7408 13th Avenue, stated that she had viewed
the exterior of the property but had not spoke to the applicants
prior to hearing. She stated that it is preferable to have all
the facts of the case reviewed at the public hearing in the
public forum.
Council Member Ludeman stated that the city council enacts
zoning requirements for the good of the community as a whole but
that in some cases a variance is justifiable.
Council Member Garcia stated that the Hearing Examiner is
responsible to decide cases by the standards of the applicable
ordinances.
Mayor Hamilton stated that the Planning Commission and the
Hearing Examiners do not have the prerogative of the granting of
variances that the city council does.
M/Ludeman, S/Sandahl to close the public hearing.
Motion carried 5-0.
M/Kirsch, S/Ludeman to overrule the Hearing Examiner's
decision and to rant a variance to ermit the construction of a
22 x 26 foot attached garage with a sideyard setback of 5 feet
instead of the required 10 feet for the property located at 2028
West 68th Street.
Motion carried 5-0.
Item ~5 CONSIDERATION OF AN ORDINANCE AMENDMENT TO CREATE A NEW
C-3 HIGH DENSITY COMMERCIAL ZONING DISTRICT AND
RELATED REQUIREMENTS - SECOND READING/PUBLIC HEARING.
C.L. 191
City Manager Prosser reviewed Council Letter No. 191
regarding a proposed ordinance to create a new C-3 high density
commercial zoning district and related requirements.
_4_ June 22, 1987
Council Meeting Minutes
Arijs Pakalns, BRW, reviewed the elements of the proposed
new C-3 zoning district including the purpose, permitted, uses, _
nonconforming uses, procedures, general criteria and standards,
minimum floor-area ratio, minimum lot width, minimum lot area,
height regulations, setback requirements, parking requirements,
landscaping maintenance, and terms of approval.
City Manager Prosser stated that this ordinance would
provide an important tool to the city in broadening the tax base
and at the same time protecting the residential character of the
city. He stated that if the present zoning in the ILN freeway
strip was to remain, developments such as large discount grocery
outlets may locate in the area. Such developments would not
generate the tax increment revenue to provide the road
improvements and buffer necessary to protect and separate the
residential areas from the commercial areas. He stated that the
proposed ordinance had been presented at informational meetings
for businesses and residents of the area and received generally..
positive comments. He stated two areas of concern were
expressed:
1) The minimum floor-area ratio of .75 would make it
difficult for the existing businesses to remain.
2) The provision of adequate parking and the shadowing
of residential properties by tall buildings.
He stated that the solar access provision in the ordinance was
the most restrictive he is aware of and the parking standards
were national standards which have proven to be appropriate for
these types of development.
Ernest Lindstrom, 7406 Fremont Avenue, stated that the
provision of subdivision 9 allowing the council the discretion to
grant a developer exceptions to the shadow regulations was
contrary to what had been presented previously and suggested that
ordinance require a variance procedure or require the consent of
all the affected property owners if an exception is to be
allowed. He also stated his concern that the parking
requirements would not be adequate citing the Corporate Travel
and Market Plaza buildings as examples.
Thomas Harms, 6400 Morgan Avenue, HRA Chairperson, spoke in
support of the ordinance stating it incorporates the
redevelopment plan for the ILN area and will bring high quality,
beneficial development to the community.
John Erickson, owner of Viking Paints 100 W. 78th Street,
asked if his property would be affected by this ordinance.
City Planner Rick Jopke stated that the property at 100 W.
78th Street was nat within the boundaries of the proposed C-3
district.
Council Meeting Minutes -5- June 22, 1987
Dick Hagen, owner of Hagen's Appliance at the northwest
corner of 77th Street and Lyndale Avenue, asked how the
redevelopment plan would affect his business location.
Arijs Pakalns, BRW, stated that-the ILN Redevelopment Plan
as proposed includes the widening of ?7th Street which would
require the acquisition of this property. He noted that the
ordinance under discussion tonight does not directly affect the
Hagen property.
Jim Miller, owner of Twin City Tire, expressed his desire
that more consideration be given to allowing the existing
businesses to remain in the area. He suggested that creative
methods such as buildings with low cost quality commercial space
on the lower floors and offices above could provide for the
retention of existing businesses.
City Manager Prosser responded that the zoning ordinance
under consideration would permit the type of mixed use that Mr ."
Miller discussed. He stated that the ordinance would not require
a developer to include existing businesses in the development,
but in choosing a developer, the City will take into
consideration the developers ability to work with existing
businesses.
Gertrude Ulrich, 7601 Aldrich Avenue, stated support for the
concept of attempting to maintain existing businesses in the area
and stated the area needs an anchor development. She stated her
support for the proposed ordinance as presented.
Kurt Fox, President of Doherty Furniture, stated his desire
that his business remain in the area and improve his building.
Mayor Hamilton stated that the concern about adequate
parking is a valid one and urged the staff to monitor parking
closely as redevelopment occurs.
City Manager Prosser stated that the ordinance would require
developers to purchase a property or obtain an easement if the
solar access requirement is not met, thus requiring the property
owners permission.
Ernest Lindstrom, 7406 Fremont Avenue, stated that allowing
the city council discretion in the solar access issue was not
desireable and that each individual property owner is entitled to
solar access.
Council Member Sandahl asked if it woul~
eliminate the last sentence of Subdivision 9
variance if solar access is to be impaired.
City Manager Prosser stated it would be
the sentence a statement that the mitigating
but are not limited to obtaining the consent
3 be possible to
and require a
preferable to add to
measures may include
of the affected
Council Meeting Minutes -6~- June 22, 1987
property owner. He indicated that this would maintain
flexibility while preserving the basic right that Mr. Lindstrom _
had mentioned. He stated that this ultimately was a policy
decision of the council.
Thomas Harms, HRA Chairperson, and Gertrude Ulrich,
Metropolitan Council Member, expressed concern that only one
property owner could jeopardize a project that may be of benefit
to the total community.
Council Member Garcia stated that the council represents the
total community and that this ordinance is a creative method to
broaden the tax base so that the burden of paying for the
increased costs of providing services does not fall solely on the
residential taxpayer.
Council Member Ludeman questioned the cost of development
needed to meet the .75 FAR. ..
Arijs Pakalns, BRW, stated that it would depend on the
configuration of the development.
Council Member Ludeman stated that the required density
would drive out the existing businesses. He stated he could not
support this ordinance because of the high FAR standard. He
expressed concern about the affect of the potential of the I494
and Lyndale Avenue intersection improvements on the area,
adequate parking requirements, and shadowing of residential
properties.
M/Sandahl, S/Ludeman to amend Subdivision 9 of the proposed
ordinance to add the phrase• "which measures may include but are
not limited to obtainin the consent of the affPCted property
owner.-" to the last sentence.
Motion carried 4-1. (Garcia opposed)
Council Member Kirsch stated that the parking standards
should be carefully considered in light of the Market Plaza and
Corporate Travel situations.
City Manager Prosser reviewed the national and local
criteria used in developing parking standards noting that there
never is a guarantee that a particular use may cause a problem
despite whatever standard is used.
M/Sandahl, S/Garcia to close the public hearing.
Motion carried 5-0.
Council Meeting Minutes
i
-7- June 22, 1987
M/Garcia, S/Sandahl that this constitute Second Readi
Bill No. 1987-13, that it be published iri the official new
and that it be made part of these minutes.
Motion carried 4-1. (Ludeman opposed)
of
r
Item ~6 CONSIDERATION OF AN ORDINANCE AMENDMENT TO ESTABLISH
THE BOUNDARIES OF THE NEW C-3 HIGH DENSITY COMMERCIAL
ZONING DISTRICT. SECOND READING/PUBLIC HEARING.
C.L. NO. 192.
City Manager Prosser reviewed Council Letter No. 192
regarding an ordinance amendment to establish the boundaries of
the new C-3 high density commercial zoning district as the area
generally bounded by 77th Street, Pleasant Avenue, 494, and 35W.
John Erickson, owner of Viking Paints, stated that the new
C-3 district may cause increased east/west traffic and asked if
plans were being made to accommodate this traffic.
City Manager Prosser stated that the tax increment generated
by the redevelopment of the ILN would be used to implement
roadway improvements to 77th Street and to Lyndale Avenue as
proposed in the ILN Redevelopment Plan.
Herb Nelson, 7620 Grand Avenue, expressed concern that the
I494 widening would take right of way from Richfield and not
Bloomington and that the loss of the frontage road would create
traffic problems on 77th Street.
Mayor Hamilton stated that the city is participating in the
I-494 Corridor Study Task Force and has expressed the same
concerns regarding the loss of the frontage road.
Gertrude Ulrich stated that both Richfield and Bloomington
would lose land equally if I-494 is widened. .She then reviewed
the status of the I-494 study.
City Manager Prosser stated that the city is actively
planning to capitalize on the I-494 improvements and to
accommodate new traffic patterns.
M/Kirsch, S/Sandahl to close the public hearing.
Motion carried 5-0.
M/Sandahl, S/Kirsch that this constitute Second Reading of
Bill No. 1987-14, that it be ublished in the official news a e
and that it be made art of these minutes.
Motion carried 5-0.
Council Meeting Minutes -8 - June 22, 1987
Item #7 PIIBLIC HEARING AND SECOND READING OF AN ORDINANCE
ENACTING THE RICHFIELD CITY CODE OF 1987. C.L. 193
City Manager Prosser reviewed Council Letter No. 193
regarding a proposed ordinance to enact the Richfield City Code
of 1987 which is a revision, rearrangement, recodification and
reenactment of all existing ordinances of the city.
M/Ludeman, S/Sandahl to close the public hearing.
Motion carried 5-0.
M/Kirsch, S/Ludeman that this constitute Second Reading of
Bill No. 1987-15, that it be published in the official newspaper
and that it be made part of these minutes.
Motion carried 5-0.
Item #8 FIRST READING CONSIDERATION OF AN ORDINANCE VACATING A
PORTION OF AN ALLEY AND REZONING THE NORTHERLY PORTION
OF 6528 16TH AVENQE FROM "R" SINGLE FAMILY RESIDENCE TO
"C-2" GENERAL COMMERCIAL. C.L. 194.
City Manager Prosser reviewed Council Letter No. 194
regarding consideration of two proposed ordinance amendments, one
to vacate the easterly half of the 12 foot alley between
Bloomington and 16th Avenue north of 66th Street, and one to
rezone the northerly 20 feet of the lot at 6528 16th Avenue from
single family residence "R" district to C-2 general commercial.
He stated that the staff recommends denial of the alley vacation
and approval of the rezoning for the reasons outlined in Council
Letter No. 194.
Council Member Kirsch stated in reviewing this matter with
the city attorney and as President of Mt. Calvary Church, he
requested that he be allowed to abstain from discussion and
voting on this matter to avoid a conflict of interest.
M/Ludeman, S/Sandahl to permit Council Member Kirsch to
abstain from discussion and voting on this issue.
Motion carried 4-0. (Kirsch abstained)
Mayor Hamilton stated he saw no problem with the alley
vacation except the snowplowing issue and that the applicant
indicated he would agree to plow the alley.
Council Meeting Minutes - 9 - June 22, 1987
Council Member Sandahl stated that the benefit of the new
senior housing outweighed the disadvantage of creating a deadend
alley.
Lawrence Hines, developer for the senior housing, stated
that alley vacation was necessary to provide an elevator to serve
the apartments and the church and stated he would accept
responsibility for plowing the deadend alley.
M/Sandahl, S/Ludeman that this constitute the First Reading
of this ordinance vacating a portion of an alley and that the
Public Hearing and Second Reading of the ordinance be scheduled
for the July 13, 1987 city council meeting.
Motion carried 3-l. (Garcia opposed, Kirsch abstained)
M/Ludeman, S/Sandahl that this constitute the First Reading
of this ordinance rezoning the northerly portion of 6528 16th ..
Avenue and that the Public Hearing and Second Reading of the
ordinance be scheduled for the July 13, 1987 city council
meeting.
Motion carried 4-0. (Kirsch abstained)
City Manager Prosser indicated that the specific agreements
regarding the snowplowing of the alley and an easement for
utilities should be addressed at the Second Reading and Public
Hearing for the vacation of the alley.
M/Ludeman, S/Sandahl 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. 7309
RESOLUTION RECEIVING ALLEY
VACATION PETITION AND CALLING
FOR PUBLIC HEARING
Motion carried 4-0. (Kirsch abstained) This resolution
appears as Resolution No. 7309 in Resolution Book No. 55.
Item ~9 FIRST READING CONSIDERATION OF AN ORDINANCE PROPOSING
AN AMENDMENT TO THE CITY CHARTER REGARDING PURCHASES
AND CONTRACTS. C.L. 195.
City Manager Prosser reviewed Council Letter No. 195
regarding a proposed amendment to the City Charter to clarify the
scope of the purchases and services authority of the City Manager
and City Council.
Council Meeting Minutes
-10-
June 22, 1987
M/Sandahl, S/Ludeman that this constitute the First Reading
of this ordinance and that the Public Hearing and Second Reading
of the ordinance be scheduled for the July 13, 1987 city council
meeting.
Motion carried 5-0.
Item X10 FIRST READING CONSIDERATION OF AN ORDINANCE AMENDMENT
TO CONTROL DEFACEMENT OF PUBLIC OR PRIVATE PROPERTY -
WITH GRAFFITI. C.L. 196.
City Manager Prosser reviewed Council Letter No. 196
regarding two ordinance amendments to control the defacement of
public and private property with graffiti.
M/Kirsch, S/Ludeman that this constitute the First Reading
of this ordinance regarding Section 4.01 and that the Public
Hearing and Second Reading of the ordinance be scheduled forthe
July 13, 1987 city council meeting.
Motion carried 5-0.
M/Kirsch, S/Ludeman that this constitute the First Reading
of this ordinance regarding Section 10.01 and that the Public
Hearing and Second Reading of the ordinance be scheduled for the
July 13, 1987 city council meeting.
Motion carried 5-0.
Item #11 A RESOLUTION AMENDING PROCEDURE FOR DEFERMENT OF
SPECIAL ASSESSMENTS AGAINST OWNER-OCCUPIED HOMESTEAD
PROPERTIES OF PERSONS OVER 65 YEARS OF AGE OR PERSON
PERMANENTLY AND TOTALLY DISABLED. C.L. 197
City Manager Prosser reviewed Council Letter No. 197
regarding Resolution amending the procedure for the deferment of
special assessments against owner-occupied homestead properties
of persons permanently and totally disabled.
Council Member Sandahl stated he supported increasing the
qualifying hardship gross income from $11,000 to $13,500 but did
not support the proposed 2~ threshold limit.
Council Meeting Minutes -],~- June 22, 1987
M/Sandahl, S/Kirsch to amend the ~o osed resolution by
removing the following from item #2 of the proposed Resolution
"and (c) the total amount of the assessment exceeds 2~ of the
RESOLUTION ESTABLISHING PROCEDURES FOR DEFERMENT OF SPECIAL
ASSESSMENTS AGAINST OWNER-OCCUPIED HOMESTEAD PROPERTIES OF
PERSONS OVER SIXTY-FIVE YEAt2S Ok' AGE OR PERSONS PERMANENTLY AND
TOTALLY DISABLED
Motion carried 5-0. This resolution appears as Resolution
No. 7310 in Resolution Book No. 55.
Item #12 A RESOLUTION SUPPORTING PREFERENTIAL GOVERNMENT
PROCUREMENT PROGRAM FOR RECYCLED PRODUCTS. C.L. 198.
City Manager Prosser reviewed Council Letter No. 198
regarding a resolution requesting Hennepin County to solicit bids
for recycled products as part of their regular purchasing process
and supporting a preferential procurement program for recycled
products.
Sid Sanford, 7000 Portland Avenue, Chairman of the Energy
Awareness Commission, reviewed the availability of recycled paper
and recent legislation which may affect the recycled product
market. He suggested that the council refer the recycled paper
issue back to the Energy Awareness Commission for further study
because of this new information.
M/Ludeman, S/Sandahl to refer to the Energy Awareness
Commission for further study and recommendation of the
preferential ggvernment procurement program for recycled
groducts.
Motion carried 5-0.
Item #13 CORRESPONDENCE/LEGISLATIVE REPORT
None
RESOLUTION NO. 7310
Council Meeting Minutes -12-
Item #14 COUNCIL DISCUSSION ITEMS
None
Item X15 CLAIMS AND PAYROLLS
M/Ludeman, S/Sandahl that the following claims and payrolls
be approved:
RICHFIELD STATE BANK
Checks 8688/8718, 90093/90375 $608,249.84
FIRST WESTERN BANK
Checks 3714/3740 $631,894.77
Checks 3303/3065, 5403/5844 Payroll $331,806.65
Motion carried 5-0.
ADJOURNMENT
M/Ludeman, S/Sandahl that the meeting adjourn.
Motion carried 5-0.
The meeting was adjourned at 9:42 p~,~n. I
Date Approved: 7/13/87
V ~ ~~~~
Thomas P. Ferber Ja
City Clerk ~ Ci
Ham ~l:ton Mayor
~ /~i~~._
Prosser
Manager
~i
a
June 22, 1987