10-12-1987CITY OF RICHFIELD, MINNESOTA
REGULAR CITY COUNCIL MEETING
October 12, 1987
MEMBERS PRESENT: John Hamilton, Mayor; Edwina Garcia; Ivan
Ludeman; Michael Sandahl; and Martin Kirsch.
STAFF PRESENT: James Pxosser, City Manager; Steven Devich,
Administrative Services Director; Thomas P.
Ferber, City Clerk; Donald Fondrick;
Community Services Director; Byron Wallace,
Community Development Director; John Erskine,
Public Safety Director; William Fillmore,
Liquor Operations Director; Mike Eastling,
City Engineer; 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/Kirsch, S/Garcia to approve the minutes of the Budget
Hearing on September 23, 1987 and the regular city council
meeting on September 28, 1987.
Motion carried 5-0.
Item #1 OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL
ON ANY ITEM NOT LISTED ON THE AGENDA.
No one wished to address the council.
Council Meeting Minutes
-2- Dctober 12, 1987
Item #2 PRESENTATION BY BETTY CARR REPRESENTING LEAGUE OF
WOMEN VOTERS. C.L. 301
Betty Carr, 6633 Lynnwood Boulevard, representing the League
of Women Voters, reviewed a report regarding the increasing need
for affordable day care and urged the city council to support
increasing day care opportunities in the City of Richfield.
Item #3 CONSIDERATION OF A RESOLUTION APPROVING LAYOUT FOR
PHASE I IMPROVEMENTS TO THE 1494/TRUNK HIGHWAY 77
INTERCHANGE AND AUTHORIZATION FOR THE MAYOR TO APPROVE
FINAL CONSTRUCTION PLANS. C.L. 302
City Manager Prosser reviewed Council Letter No. 302
regarding consideration of approval of the Phase I improvements
to the I494/Trunk Highway 77 interchange.
Community Services Fondrick reviewed the proposal which
would provide a 36 foot frontage road on the northeast quadrant
of the interchange and would require the acquisition of
additional right-of-way from the Inn and Cedar South apartments.
Dick Wolsfeld, BRW, reviewed the proposed layout-indicating
a 28 -foot frontage road could have been provided without
additional right-of-way. He stated that the 36 foot roadway with
one lane in each direction and left turn lanes would provide
better service to the area for future development and the
potential for a future link to the area east of Highway 77. He
stated that the road improvements and right-of-way acquisition
would be done at no cost to the City of Richfield.
Council Member Ludeman questioned what affect the
1494/Highway 77 Interchange improvement plans would have on the
I494/12th Avenue Interchange and how this would relate to the
1494 Corridor Study recommendations.
Dick Wolsfeld stated that the 12th Avenue interchange ramp
would be modified as a result of the 2494/Highway 77 interchange
improvements but access would remain unchanged. He stated the
preferred alternative for i-494 proposes to close the Nicollet
Avenue and 12th Avenue interchanges and to provide full access at
Portland Avenue. He added that making 77th Street an arterial
roadway was an integral part of this proposal.
Council Member Garcia asked if the access to Highway 77 in
Richfield would remain as it now exists.
Council Meeting Minutes
-3- October 12, 1987
Dick Wolsfeld stated there would be no changes in the access
to Highway 77 north of 1494.
Jim Prest, Attorney representing The Inn, spoke in
opposition to the acquisition of additional right-of-way and
stated that the City of Bloomington should indemnify Richfield
from any costs of acquisition and condemnation litigation.
Irwin Stoby, owner of Cedar South Apartments, stated his
concern about the potential lose of rental income during
construction of the roadway and questioned how much of his
property would be acquired for the project.
Larry Gardner, BRW, stated that access to the properties
would be maintained during construction, reviewed the general
time frame for the project, and stated approximately 125 square
feet would be acquired from the Cedar South property.
Discussion following regarding what agency would be
responsible for the acquisition of the required right-of-way.
Community Services Director Fondrick stated that the State of
Minnesota through MnDot is the agency responsible for the right-
of-way acquisition.
M/Sandahl, S/Ludeman that the city staff inform MnDot that
the City of Richfield will not participate in the acquisition of
right-of-way for this project.
Motion carried 5-0.
Council Member Ludeman noted that this plan will provide for
maintaining the 12th Avenue access to I494 but that the ultimate
decision on 12th Avenue will be part of the 1494 Corridor Plan.
M/Sandahl, S/Kirsch that the following resolution be
adopted; that it be spread in• the resolution book and tha
made part of these minutes:
RESOLUTION N0. 7364
RESOLUTION APPROVING IMPROVEMENT PLANS
FOR TH 77 AND I-494 IN RICHFIELD AND BLOOMINGTON
Motion carried 5-0. This resolution appears as Resolution
No. 7364 in Resolution Book No. 56.
Item ~4 ADMINISTRATION OF THE OATH OF OFFICE FOR JOHN D.
ERSKINE, DIRECTOR PUBLIC SAFETY. C.L. 303
City Clerk Thomas Ferber administered the Oath of Office to
Public Safety Director, John D. Erskine.
Council Meeting Minutes -4- October 12, 1987
Item ~5 COUNCIL APPROVAL OF AGENDA
M/Sandahl, S/Garcia to approve the agenda.
Motion carried 5-0.
Item #6 CONSENT CALENDAR
A. APPROVED PURCHASE IN EXCESS OF $5,000 FOR PURCHASE OF
REGULAR GASOLINE. C.L. 304.
B. APPROVED RESOLUTION AUTHORIZING AN AMENDMENT TO THE
JOINT COOP. AGREEMENT WITH HENNEPIN COUNTY REGARDING
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. C.L. 3D5
RESOLUTION N0. 7365
RESOLUTION AUTHORIZING EXECUTION OF
AMENDMENT ~1 TO THE JOINT COOPERATION AGREEMENT
WITH HENNEPIN COUNTY TO CONTINUE PARTICIPATION
IN THE URBAN HENNEPIN COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
C. APPROVED THE 1988-89 HEALTH SERVICES AGREEMENT BETWEEN
THE CITY OF RICHFIELD AND HENNEPIN COUNTY TO RECEIVE
1988 SUBSIDY IN THE AMOUNT OF $78,795. C.L. 306
D. APPROVED RESOLUTION TO AMEND THE OFFSTREET PARKING
PERMIT AT HERITAGE CENTRAL APARTMENTS, 620-734 E. 78TH
STREET ANO 701-735~E. 77TH STREET. C.L. 307.
RESOLUTION N0. 7366
RESOLUTION APPROVING DFFSTREET PARKING PERMIT
IN ACCORDANCE WITH APPLICATION 87-10 FOR
620-734 EAST 78TH STREET AND
701-735 EAST 77TH STREET
E. APPROVED THE RENEWAL OF INSPECTION SERVICE CONTRACT
BETWEEN THE CITY OF RICHFIELD ANO THE CITY OF
BLOOMINGTON FOR 1988. C.L. 308.
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Council Meeting Minutes -5- October 12, 1987
F. APPROVED RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS
FROM THE PERMANENT IMPROVEMENT REVOLVING FUND TO CP 798
PURCHASE OF .VOTING EQUIPMENT TO PROVIDE INTERIM
FINANCING. C.L. 309.
RESOLUTION N0. 7367
RESOLUTION AUTHORIZING TRANSFER OF FUNDS FROM
PERMANENT IMPROVEMENT REVOLVING FUND
TO C.P.798 PURCHASE OF VOTING EQUIPMENT
TO PROVIDE INTERIM FINANCING OF SAID PROJECT
M/Sandahl, S/Kirsch to approve the consent calendar.
Motion carried 5-0.
Item #7 PUBLIC HEARING TO APPEAL DENIAL BY THE HEARING
EXAMINER ON THE REQUEST FOR A VARIANCE AT 7234-36
LYNDALE AVENUE TO PERMIT PARKING SPACES THAT ARE NOT
ENCLOSED. C.L. 311
City Manager Prosser reviewed Council Letter No. 311
- recommending that the city council uphold the denial by the .
hearing examiner of a request for a variance at 7234-36 Lyndale
Avenue.
George Kenealey, 7609 3rd Avenue, attorney representing Mr.
and Mrs. Daniel Nelson, reviewed the proposed use of the property
as a board and lodging home for 4 elderly residents with fulltime
caretakers. He reviewed the operation of a similar home in
Bloomington owned by the Nelson's and various testimonials
supporting the facility. He~stated it would create a hardship if
the variance was not granted because the cost of improving the
house to continue use as a double bungalow would make rents
unreasonably high, Mr. Kenealey also said that requiring enclosed
parking spaces would be too costly and difficult to provide
because of the 28 foot drop in grade from the street to the rear
of the property. He stated minimal parking would be required for
the facility because the residents would not own cars.
.Mayor Hamilton asked if the applicant planned to remove the
bushes in the front of the property and sod the boulevard area.
Mr. Kenealey stated that the bushes would be trimmed or
replaced and that the boulevard would be sodded. He then
reviewed the proposed parking area layout.
Council Meeting Minutes ~ -6- October 12, 1987
Audrey Hansen, 7230 Lyndale Avenue spoke in opposition to
granting the variance and submitted a petition (Clerks File No.
C-290) in apposition to the board and lodging facility being
located at this location.
Jim Moskalik, 6832 Nicollet Avenue, spoke in support of the
facility based on his experience with the Nelson's Bloomington
facility and stated that parking would not be a problem.
Lon Foote, 1005 Carmel Court, stated that the facility would
improve the neighborhood and fulfill a need for this type of
housing.
Daniel Nelson, owner of 7234-36 Lyndale Avenue, responded to
questions from the council stating that the facility would have 4
residents, that interior and exterior renovation would cost
$30,000, a deck would be added to the back of the building, and
that the hedge would be replaced if necessary.
Margaret Cornellius, 7230 Lyndale Avenue, expressed concerns
regarding parking, the driveway easement, safety for the
residents, and future use of the property.
Jean Nelson stated that the residents would be mostly
confined to the home because of their physical condition.
Harry Bergwall, 7240 Lyndale Avenue, spoke in support of the
facility as the best use for the property.
Mrs. S. C. Meyer, spoke in opposition to the variance and
stated the Lyndale Avenue sidewalk was dangerous.
Marion McNeil, 5939 Elliot Avenue, spoke in support of the
variance.
Roger Swanson, Fridley,-spoke in support of the variance.
City Manager Prosser stated that the merit of this type of
facility was not the issue. He stated the board and lodging
facility is permitted use and that state statutes allows up to
six residents in such a facility. He .stated the property is
currently a nonconforming use and therefor requires a variance
due to the proposed change in use.
Council Member Ludeman stated his support for granting the
variance because there is a need for this concept of senior
housing facility and that it would enhance the neighborhood. He
stated he supported stipulating that the boulevard area be
sodded.
M/Ludeman, S/Garcia .to grant a variance to waive the
requirement for enclosed parkin in an MR-1 two famiiy zoning
district for the property located at 7234-36 Lvndale Avenue.
Council Meeting Minutes -7- October 12, 1987
Council Member Garcia stated her support for granting the
variance.
Council Member Kirsch stated that this proposal is a good
use of the site. He suggested that the hedge be moved closer to
Lyndale Avenue to provide more green space on the interior of the
yard.
City Manager Prosser indicated this could be reviewed by
staff.
M/Kirsch, S/Sandahl to amend the motion grant the variance
to include staff review of placementof the hedge.
City Attorney LeFevere stated that it is permissible to
impose a condition on the granting of a variance and suggested
that the motion to grant the variance could impose the condition
that the final landscaping plan be subject to approval by city
staff.
Council Member Ludeman stated that he would include this
stipulation in his motion.
Council Member Kirsch stated he would consent to withdrawing
his motion and Council Member Sandahl withdrew his second.
• M/Ludeman, S/Garcia to close the public hearing.
Motion carried 5-0.
Council Member Ludeman restated the motion:
M/Ludeman, S/Garcia to arant a variance to waive the
requirement for enclosed parking in an MR-1 two family zoning
district for the property located at 7234-36 Lyndale Avenue with
the stipulation that the final landscaping plan and location of
the vehicle turnaround spaces be approved by city staff.
Motion carried 5-0.
Item #8 SECOND READING AND PUBLIC HEARING OF AN ORDINANCE
AMENDMENT TO PERMIT NON-POLICE EMPLOYEES TO ISSUE
CITATIONS. C.L. 312
City Manager Prosser reviewed Council Letter No. 312
regarding a proposed ordinance amendment to enable certain non-
police employees to issue citations.
Council Member Garcia left the meeting at this time. (8:47
p.m.)
Council Meeting Minutes -8- October 12, 1987
M/Sandahl, S/Kirsch to close the public hearing.
Motion carried 4-0.
M/Sandahl, S/Ludeman that this constitute Second Reading of
Bill No. 1987-26, that it be published in the official newspaper
and that it be made part of these minutes.
Motion carried 4-0.
Item #9 SECOND READING AND PUBLIC HEARING TO CONSIDER A
FRANCHISE AGREEMENT BETWEEN NORTHERN STATES POWER
COMPANY AND THE CITY OF RICHFIELD. C.L. 313
City Manager Prosser reviewed Council Letter No. 313
regarding an ordinance to approve a franchise agreement between
Northern States Power.Company and the City of Richfield.
M/Ludeman, S/Sandahl to close the public hearing.
Motion carried 4-0.
M/Sandahl, S/Kirsch that this constitute Second Reading of
Bill No. 1987-2Z, that it be published in the official newspaper
and that it be made part of these minutes.
Motion carried 4-0.
Item #10 CONSIDERATION OF AN AGREEMENT TO PERMIT OVERFLOW
PARKING FROM CHAMPPS AT THE RICHFIELD LYNOALE LIQUOR
STORE DURING CERTAIN DESIGNATED HOURS. C.L. 314
City Manager Prosser reviewed Council Letter No. 314
regarding a request by E.J. Plesko and Associates, Inc. to permit
the use of the Richfield Lyndale Avenue Liquor Store parking lot
for valet parking to assist in alleviating parking deficiencies
at Market Plaza.
M/Sandahl, S/Kirsch to authorize the Cit Manaaer to execute
a lease agreement between E.J. Plesko & Associates, Inc. and the
City to permit the use of the Richfield L ndale Avenue Liquor
parking lot for valet parking during certain designated hours.
Motion carried 4-0.
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Council Meeting Minutes
-9- October 12, 1987
Item #11 COUNCIL CONFIRMATION OF MAYOR'S APPOINTMENT OF HOUSING
AND REDEVELOPMENT AUTHORITY COMMISSIONER. C.L. 315
City Manager Prosser reviewed Council Letter No. 315
regarding the confirmation of the Mayor's appointment of Thomas
Harms to the Housing and Redevelopment Authority for a five year
term which will expire in October, 1992.
M/Ludeman, S/Sandahl to confirm the appointment of Thomas
Harms__to the Housing and Redevelopment Authority to a five near
Item #12 CORRESPONDENCE/LEGISLATIVE REPORT
None.
.Item #13 COUNCIL DISCUSSION ITEMS
None.
Item #14 CLAIMS AND PAYROLLS
M/Sandahl, S/Ludeman that the following claims and payrolls
be approved:
RICHFIELD STATE BANK
Checks 9119-9166; 92163-92447
FIRST MINNESOTA
Check 1062
FIRST WESTERN BANK
Checks 3914-3937
Checks 8733-8764; 8383-8732
Motion carried 4-0.
$620,817.69
$ 50,000.00
$746,836.78
Payroll $287,795.65
Motion carried 4-0.
Council Meeting Minutes -10-
ADJOURNMENT
October 12, 1987
M/Ludeman, S/Sandahl that the meeting adjourn.
Motion carried 4-0.
The meeting was adjourned at 8:52 p . t~t'a ~ ~/
Date Approved: 10/26/87
n Ha~rx'lton
~~~: ~~
Thomas P. Ferber
City Clerk
ayor
r ~
am s D. Prosser
i Manager
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