07-25-1988
CITY OF RICHFIELD, MINNESOTA
REGULAR CITY COUNCIL MEETING
July 25, 1988
MEMBERS PRESENT: Steven Quam, Mayor; Edwina Garcia; Ivan
Ludeman; Michael Sandahl; and 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; John Erskine,
Public Safety Director;.William Fillmore,
Liquor Operations Director; and John Dean,
City Attorney.
The meeting was called to order by Mayor Quam at 7:03 p.m.
PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE
Mayor Quam led the audience in the Pledge of Allegiance.
APPROVAL OF MINUTES
M/Kirsch, S/Ludeman to approve the minutes of the regular
city council meeting of July 111988.
Motion carried 5-0.
Mayor Quam stated that consideration of the minutes of the
Special Council Meeting of June 27, 1988 would be deferred to the
next council meeting.
Item #1 PROCLAMATION DESIGNATING AUGUST 9, 1988 AS RICHFIELD
NIGHT OUT. C.L. 17~
Public Safety Director Erskine reviewed Council Letter No.
174 regarding the Public Safety Department's support for the
"National Night Out" event on August 9, 1988.
Mayor Quam read a proclamation proclaiming August 9, 1988 as
"National Night Out" in Richfield and encouraged citizens to
participate in the event.
Council Meeting Minutes -2- ~ July 25, 1988
M/Sandahl, S/Ludeman to support the proclamation read by
Mayor Quam proclaiming August 9, 1988 as "National Night Out in
Richfield".
Motion carried 5-0.
Item #2 OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL
ON ANY ITEM NOT LISTED ON THE AGENDA.
Debra Olson, owner of the apartment building at 6901 Penn
Avenue, reviewed her concerns regarding storm sewers, how tax
money is spent on storm sewers, and conflicting maps depicting
_ the storm sewer system.
Mayor Quam suggested that Mrs. Olson meet with city staff
regarding the storm sewer location maps.
Lawrence Wozniczka, 6744 Wentworth Avenue, asked that the
city council consider annual renewal of homestead status as a
qualification to-the meaning of registered voters in the City.
Debra Olson reviewed her concerns regarding adjacent
properties draining toward 6901 Penn Avenue and properties having
sump pumps connected to the sanitary sewer system.
Item #3 COUNCIL APPROVAL OF AGENDA
M/Garcia, S/Ludeman to approve the agenda.
Motion carried 5-0.
Item #4 CONSENT CALENDAR
A. APPROVED PURCHASE IN EXCESS OF $5,000 FOR ICE ARENA
SCOREBOARD. C.L. 175
B. APPROVED REQUEST FROM ASSUMPTION CHURCH FOR FEE WAIVED
LICENSES FOR FOOD LICENSE, ITINERANT PLACE OF
AMUSEMENT, AND NON-INTOXICATING MALT LIQUOR LICENSE FOR
THEIR ANNUAL FUN FEST, AUGUST 13 AND 14.
M/Ludeman, S/Garcia to approve the consent calendar.
Motion carried 5-0.
Council Meeting Minutes -3- July 25, 1988
Item #5 PUBLIC HEARING TO CONSIDER A REQUEST FOR A CONDITIONAL
USE PERMIT FOR THE OPERATION OF A SUBWAY SANDWICHES AND
SALADS RESTAURANT AT 2900 WEST 66TH STREET, SOUTHDALE
SQUARE. C.L. 176
City Manager Prosser reviewed Council Letter No. 179
regarding a request for a conditional use permit for the
operation of a Subway Sandwiches and Salads Restaurant at 2900
West 66th Street in Southdale Square.
Applicant Jeff Kendall, 920 Felt Court, appeared in support
. of the request.
M/Quam, S/Kirsch to close the public hearing.
Motion carried 5-0.
M/Ludeman, S/Kirsch to approve a conditional use permit to
allow the operation of the Subway Sandwiches and Salads carryout
restaurant facility at 2900 West 66th Street with the condition
that it meet the City's building and fire codes.
Motion carried 5-0.
Item #6 PUBLIC HEARING TO CONSIDER AT REQUEST FOR A CONDITIONAL
USE PERMIT TO OPERATE A DAY CARE CENTER AT THE
RICHFIELD JUNIOR HIGH SCHOOL FACILITY, 7461 OLIVER
AVENUE. C.L. 177
City Manager Prosser reviewed Council Letter No. 177
regarding a request by the Richfield Latch Key Child Care
Center/Fun Club for a conditional use permit to operate a daycare
center for 70 children at the Richfield Junior High School, 7461
Oliver Avenue.
Louise Hershey, 7600 Vincent Avenue, representing the
applicant, reviewed the need for this facility in the City of
Richfield.
Verna Hoy, 7328 Oliver Avenue, stated concerns about traffic
and parking in the area. She also questioned the use of public
school facilities for day care businesses.
Council Member Ludeman stated that the day care centers were
nonprofit businesses who rented unused space from the school
district. He stated that this was a good location for this
facility with adequate parking including offstreet pick up and
drop off space.
Council Meeting Minutes -4- July 25, 1988
James Marty, 1911 Fairmont Avenue, owner of 7413 and 7421
Penn Avenue, stated his concerns about potential additional
traffic in the area and suggested that day care facilities rent
private commercial space.
David Steenson, 7020 14th Avenue, Richfield School Board
Member, stated that the Board had reviewed the need for day care
in Richfield and approved the use of unutilized school space for
this purpose. He stated space is rented only to nonprofit
organizations.
M/Ludeman, S/Kirsch to close the public hearing.
Motion carried 5-0.
_ M/Sandahl, S1Ludeman to approve a conditional use permit for
the operation of a latch key day care program for 70 children in
three rooms for the Richfield Latch Key Child Care Center/Fun
Club to be located in the Richfield Junior High School, 7461
Oliver Avenue with the condition that all building and fire codes
are met as well as state requirements for a day care operation.
Motion carried 5-0.
Items #7 PUBLIC HEARING TO CONSIDER A REQUEST FOR A CONDITIONAL
USE PERMIT TO EXPAND A DAY CARE CENTER AT THE CENTRAL
SCHOOL FACILITY, 7145 HARRIET AVENUE. C.L. 178
City Manager Prosser reviewed Council Letter No. 178
regarding a request by the Richfield Latch Key Child Care Center/
Fun Club for a conditional use permit to expand their existing
day care center program at 7145 Harriet Avenue.
M/Ludeman, S/Kirsch to close the public hearing.
Motion carried 5-0.
M/Sandahl, S/Quam to approve a Conditional use permit for an
expanded latch key day care program for the Richfield Latch Key
Child Care Center/Fun Club at 7145 Harriet Avenue as follows:
* expansion from three rooms to four rooms
* increase in enrollment from 60 to 80 children
with the condition that the facility meet buildin
requirements as well as state requirements for a
operation.
Motion carried 5-0.
and fire code
av care
Council Meeting Minutes -5- July 25, 1988
-,
Item #8 PUBLIC HEARING TO RECONSIDER ISSUANCE OF CONDITIONAL
USE PERMIT TO OPERATE UGLY DUCKLING RENT A CAR BUSINESS
` AT 6405 CEDAR AVENUE. C.L. 179
City Manager Prosser reviewed Council Letter No. 179
regarding a request for a conditional use permit for the
operation of the Ugly Duckling Rent a Car business at 6405 Cedar
Avenue.
. The applicant was not present.
M/Ludeman, S/Kirsch to defer action on this item to the end
of the agenda because the applicant_is not present at this time.
Motion carried 5-0.
Mayor Quam announced that this item-would be considered as
Item ~~12A.
Item #9 PUBLIC HEARING TO CONSIDER CONDITIONAL USE PERMIT TO
OPERATE A DAY CARE FACILITY AT THE PORTLAND SCHOOL
FACILITY, 7201 FOURTH AVENUE. C.L. 180
City Manager Prosser reviewed Council Letter No. 180
regarding a request by Hope Presbyterian Church for a conditional
use permit to allow the operation of a latch key day care program
for 50 children at 7201 4th Avenue.
James Shirley, Director of Finance and Facilities for Hope
Presbyterian, stated that it would not be financially feasible to
widen the curb cut until next year as part of a planned facility
expansion. He stated the drive apron needs complete replacement
along with moving an island and light pole. He stated that as
part of the planned expansion, an additional 26 foot wide curb
cut south of the existing one on Portland Avenue would be
constructed. He stated parents would be asked to utilize the
southeast entrance.
Discussion followed regarding the adequacy of the existing
curb cut width for one-way traffic and whether a 26 foot wide
apron would be required for a one-way.
Council Meeting Minutes -6- July 25, 1988
Council Member Ludeman reviewed the reasons for the
initiation of the ordinance requiring a 26 foot wide curb cut.
He stated that in this case he could support the existing apron
to remain as a one way until the spring when the widening would
occur with other church improvements and an additional curb cut
installed. He stated the day care program would create a minimal
increase in traffic and suggested that the applicant encourage
parents to use the east entrance of the building.
M/Ludeman, S/Sandahl to close the .public hearing.
Motion carried 5-0.
M/Ludeman, S/Sandahl to approve the conditional use permit
for a latch ke da care ro ram for 50 children at the Ho e
Presbvterian Education Facility old Portland School 7201-4th
Avenue South with the following stipulations:
1. The day care facility meet the City fire and building
codes.
2. The curb cut on Portland Avenue be widened to meet the
City curb cut width requirement of 26 feet at the time
that the applicant remodels the facilities, including an
additional 26 foot curb cut.
Discussion followed regarding setting a specific-date for
completion of the curb cuts.
City Manager Prosser suggested the city council review this
matter in one year so they can make the decision to extend or not
extend the conditional use permit if the curb cuts are not
completed.
Council Member Ludeman stated that he would add this to his
motion.
Mike Lenarz, 7124 Oak Grove Boulevard, expressed the need
for consistency in enforcement of curb cut widths.
Council Member Ludeman's motion as restated:
M/Ludeman, S/Sandahl to approve the conditional use permit
for a latch ke da care ro ram for 50 children at the Ho e
Presbvterian Education Facility old Portland School 7201-4th
Avenue South with the following stipulations:
1. The day care facility meet the City fire and building
codes.
2. The curb cut on Portland Avenue be widened to meet the
City curb cut width requirement of 26 feet at the time
that the applicant remodels the facilities including an
additional 26 foot curb cut.
Council Meeting Minutes -7- July 25, 1988
3. The City Council shall review one year from now whether
the curb cuts have been completed and make a
determination as to extension of the conditional use
permit.
Motion carried 5-0.
Item #10 SECOND READING AND PUBLIC HEARING TO CONSIDER A REQUEST
TO REZONE THE PROPERTY AT 7312 LYNDALE AVENUE FROM
SINGLE FAMILY RESIDENTIAL "R" DISTRICT TO MULTIPLE
RESIDENCE "MR-2" DISTRICT FOR THE PURPOSE OF
CONSTRUCTING SEVEN TOWNHOMES. C.L. 181
City Manager Prosser reviewed Council Letter No. 181
regarding a request by Mr. & Mrs. C.W. Smith to rezone from "R"
single family residence district to "MR-2" multiple residence
district the property at 7312 Lyndale Avenue and for approval of
a common element subdivision to allow the construction of seven
townhouses in two structures on the property.
Harriet Smith, 5408 River Bluff Drive, reviewed the owner
occupied townhouse proposal for the site. She indicated that 7
units with 3 bedrooms and double attached garages would be
constructed. She reviewed the landscape plans and
driveway/parking layout.
Discussion followed regarding the irregularities of the rear
property line of the site.
Stan Dzik, 6837 Harriet Avenue, stated he felt that there is
a need for townhomes for seniors similar to this project but with
less square footage. He stated owner occupied units like those
proposed are more desirable than rental units.
Council Member Ludeman reviewed the housing needs that were
expressed to the Task Force on Aging. He stated this project's
density was too intense for this site.
Gerry Marquardt, 7300 Lyndale Avenue, stated opposition to
the proposed townhouse project because of concerns about density,
parking, and traffic.
Jan Berge, 7345 Aldrich Avenue, spoke in opposition to the
pro~ech, i~~sed on concerns about the adequacy of parking for the
proposal.
Audrey Hansen, 7230 Lyndale Avenue, spoke in opposition to
the rezoning because of concerns about parking and traffic.
Mrs. Wesenberg, real estate agent, expressed concern about
the owners ability to sell the property if it is not rezoned.
Council Meeting Minutes -8- July 25, 1988
Carolyn Marquardt, 7300 Lyndale Avenue, spoke in opposition
to the proposed rezoning saying it would have a negative impact
on adjacent properties and change the character of the area.
Gerry Marquardt, 7300 Lyndale Avenue, stated that he felt
that there are potential developers who would consider pre-fah
single family homes or moving houses onto the site.
Doug Dalager, 7039 3rd Avenue, stated concern about the loss
of oak trees on the site, the density of the project, traffic,
parking, and the impact of rezoning on the irregular property
line with Aldrich Avenue properties.
Orville Dalager, 7321 Aldrich Avenue,, stated concern about
how close the proposed buildings would be to his house.
Doris Long, owner of 7309 Aldrich Avenue, spoke in support
of the proposed project.
Elizabeth Ekholm, 7324 Aldrich Avenue spoke in support of
the proposed townhome project citing the need for this type of
housing, adequacy of parking, and positive impact on land values.
Discussion followed regarding the marketability of the
proposed housing, demographics of potential buyers, property line
location, and the economics of developing different types of
housing on this property.
Council Member Sandahl stated that this was a very close
decision because there were both positive and negative aspects to
the proposal.
Council Member Garcia stated support for the proposal
because it meets all requirements of city ordinances and
subdivision requirements. She stated that it is a good land use
for the site.
Council Member Ludeman stated opposition to the pro osed
project and rezoning because of the density and unmarketability
of the project in meeting housing needs in Richfield.
Council member Kirsch stated opposition to the proposed
project and rezoning because the density would change the
character of the neighborhood.
Mayor Quam stated support for the proposed project and
rezoning because of the need far this type of housing, and that
this is an appropriate proposal for the property.
M/Ludeman, S/Sandahl to close the public hearing.
Motion carried 5-0.
Council Meeting Minutes -9- July 25, 1988
M/Ludeman, S/Kirsch to deny the request for the rezoning of
the property at 7312 Lyndale Avenue from "R" single family
residence to "MR-2" multiple family residence district to allow
construction of seven townhomes.
City Manager Prosser suggested that the city council request
._ that the staff draft findings of fact to support the denial which
would be approved at a future meeting.
City Attorney Dean suggested that Council Member Ludeman
change the motion to direct the staff to prepare findings for the
council to consider at it's next meeting to support denial of the
rezoning.
Council Member Ludeman agreed to the city attorney's
suggestion and amended his original motion with a second by
Council Member Kirsch. The motion was restated by Council Member
Ludeman.
M/Ludeman, S/Kirsch that city staff prepare findings of fact
to suooort the denial of the request for the rezoning of the
ro ert at 7312 L ndale Avenue from "R" sin le famil residence
to "MR-2" mult ple family residence district to allow
construction of seven townhomes for consideration by the council
at it's August 8, 1988 meetin
Motion carried 3-2. (Quam, Garcia opposed)
It~m f~l ~TRS.T--READING CONSIDERATION OF AN ORDINANCE AMENDMENT
TO SECTION 210.01, SUBDIVISION 4 OF THE CITY CODE
ENTITLED SALARY REVIEW TO PROVIDE FOR CONSISTENCY
BETWEEN THE CITY CHARTER, THE CITY CODE AND COUNCIL
POLICY REGARDING REVIEW OF COUNCIL SALARIES. C.L. 182
City Manager Prosser reviewed Council Letter No. 182 .
regarding a proposed ordinance amendment to Section 210.01,
Subdivision 4 of the City Code to provide for consistency between
the City Charter, the City Code and Council Policy regarding the
review of council salaries.
M/Kirsch, S/Ludeman that this constitute the First Reading
of this ordinance and that the Public Hearing and Second Readin
of the ordinance be scheduled for the August 22, 1988 city
council meeting.
Motion carried 5-0.
Council Meeting Minutes -10- July 25, 1988
Item #12 FIRST READING OF AN ORDINANCE AMENDING SUBSECTION
715.17 SUBDIVISION 2 OF THE RICHFIELD COOE RELATING
TO MATER METER DEPOSITS. C.L. 183
City Manager Prosser reviewed Council Letter No. 183
regarding a proposed ordinance amendment to Section 715.17
subdivision 2 of the City Code relating to water meter deposits.
M/Ludeman, S/Garcia that this constitute_the First Reading
of this ordinance and that the Public Hearing and Seco__nd Reading
of the ordinance be scheduled for the August 22, 198$ city
council meeting.
Motion carried 5-0.
Item #12A PUBLIC HEARING TO RECONSIDER ISSUANCE OF CONDITIONAL
USE PERMIT TO OPERATE UGLY DUCKLING RENT A CAR BUSINESS
AT 6405 CEDAR AVENUE. C.L. 179
Mayor Quam stated that the council would now consider this
item which had been deferred earlier in the meeting.
M/Ludeman, to close the public hearing.
(Withdrawn)
Community Development Director Wallace reviewed the Ugly
Duckling case file and notification to the applicant of meetings
related to this issue. He stated there was not a carbon copy of
a specific notification to the applicant of this hearing in the
file.
Council Member Sandahl stated he was uncomfortable with the
uncertainty about notification.
Council Member Ludeman withdrew his motion to close the
hearing.
Discussion followed regarding alternatives for council
action regarding the conditional use permit request continuance
of the public hearing.
M/Ludeman, S/Kirsch to continue the public hearing on the
request for a conditional use permit for Ugly Duckling Rent-A-Ca
at 6405 Cedar Avenue to the Auaust 8, 1988 city council meetina.
Motion carried 3-2. (Quam, Garcia opposed)
r
1
[1
Council Meeting Minutes -11- July 25, 1988
Item #13 APPOINTMENTS TO FILL CURRENT VACANCIES ON THE COMMUNITY
SERVICES COMMISSION AND THE PLANNING COMMISSION.C.L.184
City Manager Prosser reviewed Council Letter No. 184
regarding council appointments to fill current vacancies on the
Community Services Commission and Planning Commission.
Mayor Quam stated that the city council had interviewed
qualified candidates far these commissions and recommended that
Nancy Edwardson be appointed to the Planning Commission and
Thomas Johnson to the Community Services Commission.
M/Quam, S/Ludeman to approve the following appointments:
Planning Commission:
Nancy Edwardson Term to expire January 31, 1990
Community Services Commission:
Thomas Johnson Term to expire January 31, 1991
Motion carried 5-0.
Item #14 CORRESPONDENCE/LEGISLATIVE REPORT
Mayor Quam invited the public to attend the MnOot Public
Hearing on the I35W Scoping Document scheduled for July 27, 1988,
7:00 p.m. at Richfield High School.
Item #15 COUNCIL DISCUSSION ITEMS
Council Member Sandahl requested that Community Development
Director Wallace assure that the owner of Ugly Duckling Car
Rental is notified of the rescheduled public hearing regarding
their conditional use permit.
Council Member Sandahl asked that the Charter provisions
regarding the determination of a registered voter for signing a
nominating petition be reviewed.
City Attorney Dean reviewed state statute and Charter
provisions as they apply to this issue.
M/Sandahl, S/Ludeman to have the Charter Commission review
this issue for their recommendation.
Motion carried 5-0.
Council Meeting Minutes -12- July 25, 1988
Council Member Garcia suggested additional publicity be
given to the concerts in the park.
Council Member Ludeman reviewed past efforts to increase
attendance for the concerts.
Item #16 CLAIMS AND PAYROLLS
M/Sandahl, S/Ludeman that the following claims and payrolls
be approved:
RICHFIELD STATE BANK
Checks 10241-10335; 97495-97805
FIRST MINNESOTA
Check 1074
FIRST WESTERN BANK
Checks 4432-4454
Checks 16189-16200; 16665-16683
16692-17148
Motion carried 5-0.
$ 879,694.72
$ 20,000.00
$5,250,432.30
Payroll $ 341,705.56
ADJOURNMENT
M/Quam, S/Kirsch that the meeting adiourn.
Motion carried 5-0.
The meeting was adjourned at 9:55 p
Date Approved:. 8/8/88
~~ ~ ~
Thomas P. Ferber
City Clerk
Ja es D. Prosser
Ci y anager