03-13-1989
MEMBERS PRESENT:
MEMBERS ABSENT:
CITY OF RICHFIELD, MINNESOTA
REGULAR CITY COUNCIL MEETING
March 13, 1989
Steven Quam, Mayor; Edwina Garcia; Michael
Sandahl; and Martin Kirsch.
Ivan Ludeman
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; William Rollick,
Investigator/Agent; Jean Mitchell, Finance
Manager; and John Dean, City Attorney.
The meeting was called to order by Mayor Quam at 7:00 p.m.
PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE
Mayor Quam led the audience in the Pledge of Allegiance.
APPROVAL OF MINUTES
M/Sandahl, S/Kirsch to approve the minute;
the City Address Meeting of February 23, 1989:
City Council Meeting with State Legislators of
the minutes of the regular City Council Meeting
1989; and the minutes of the City Council Stud
6. 1989.
Motion carried 4-0.
of the State of
the minutes of .the
February 27, 1989;
of February 27,
Session of March
Item #1 PRESENTATION OF "YEAR OF THE YOUNG READER" PROCLAMATION
,TO AUGSHURG PARK COMMUNITY LIBRARY. C.L. N0. 56
Mayor Quam read and presented a proclamation designating
1989 as the "Year of the Young Reader" to Vicki Oel~en, Augsburg
Park Community Librarian.
Council Meeting Minutes -2- March 13, 1989
Item #lA. PROCLAMATION DESIGNATING MARCH 12-18, 1989 AS "GIRL
SCOUT WEEK" IN RICHFIELD.
Mayor Quam read a proclamation designating the week of March
12-18, 1989 as Girl Scout Week in the City of Richfield.
Item #2 PRESENTATION_TO JEAN MITCHELL, FINANCE MANAGER, OF THE
CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL
REPORTING AWARDED BY THE GOVERNMENT FINANCE OFFICERS.
C.L. NO. 57
• Administrative Services Director Devich reviewed Council
.Letter No. 57 regarding the achievement of city staff in being
awarded the Certificate of Achievement for Excellence in
Financial Reporting by the Government Finance Officers
Association (GFOA).
Mayor Quam presented the GFOA Certificate of Achievement for
Excellence in Financial Reporting to Jean Mitchell, Finance
Manager.
City Manager Prosser commended the city staff for their team
efforts in achieving this award.
Item #3 OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON
ITEMS NOT LISTED ON THE AGENDA.
None
Item #4 COUNCIL APPROVAL OF AGENDA
Mayor Quam stated that discussion of the petition requesting
a moratorium on the development of the Hub Superblock and action
to resolve the Hub parking problems be included with Agenda Item
#6.
M/Quam, S/Kirsch to approve the agenda as amended.
Motion carried 4-0.
Council Meeting Minutes -3- March 13, 1989
Item #5 CONSENT CALENDAR _
A. ~ APPROVED RESOLUTION APPROPRIATING $12,000 OF
RICHFIELD'S MUNICIPAL STATE AID (MSA) FUNDS FOR
ENGINEERING COSTS FOR THE 1986 RECONSTRUCTION OF
LONGFELLOW AVENUE FRONTAGE ROAD. C.L. 58
RESOLUTION NO. 7506.
RESOLUTION APPROPRIATING ADDITIONAL MUNICIPAL STATE AID
CONSTRUCTION FUNDS TO S.A.P. 157-010-01,
RECONSTRUCTION OF LONGFELLOW AVENUE FRONTAGE ROAD
This resolution appears as Resolution No. 7506 in
Resolution Book No. 57.
H. APPROVED PURCHASE IN THE AMOUNT OF 523,000 FOR A STORM
SEWER FOAM GENERATOR. C.L. 59
C. APPROVED PURCHASE OF A FLUSHER UNIT IN THE AMOUNT OF
$25,665. C.L. 59
D. APPROVED RESOLUTION AMENDING THE 1988 GENERAL FUND
BUDGET BY THE TRANSFER OF $22,000 FROM THE PUBLIC
SAFETY BUDGET TO THE COMMUNITY DEVELOPMENT BUDGET.
C.L. 61.
RESOLUTION NO. 7507
RESOLUTION AUTHORIZING REVISIONS OF 1988
BUDGETS OF VARIOUS DEPARTMENTS
This resolution appears as Resolution No. 7507 in
Resolution Book No. 57.
E. APPROVED PURCHASE IN THE AMOUNT OF $7,500 FOR A CUSHMAN
TRUCKSTER FOR THE GOLF COURSE. C.L. 62
F. APPROVED ESTIMATE #7 FOR LIFE SAFETY RENOVATIONS AT THE
ACADEMY OF THE HOLY ANGELS, METRO BUILDING SYSTEMS,
$5,478.90.
G. APPROVED ESTIMATE #1, TO H & H WATERTOWER, INC. IN THE
AMOUNT OF $20,702.40 FOR CLEANING AND PAINTING THE
WATER PLANT.
H. APPROVED RENEWAL OF NON-INTOXICATING OFF-SALE MALT
LIQUOR LICENSES: SINCLAIR STATION, 6600 PORTLAND
AVENUE: KENNY'S MARKET, 6708 PENN AVENUE; KENNY'S
MARKET, 7138 CHICAGO AVENUE; KENNY'S MARKET, 1430 EAST
66TH STREET. _
I. APPROVED RENEWAL OF GENERAL AMUSEMENT LICENSES: K-MART,
6501 LYNDALE AVENUE; GROUND ROUND, 1500 E. 78TH STREET;
CHI-CHI'S, 7717 NICOLLET AVENUE; BROADWAY PIZZA, 7514
LYNDALE AVENUE; SNYDERS, 6520 PILLSBURY AVENUE;
ARNOLD'S, 6519 1/2 NICOLLET AVENUE.
Council Meeting Minutes -4- March 13, 1989
J. APPROVED RENEWAL OF RESTAURANT LICENSE: ARNOLD'S, 6519
1/2 NICOLLET AVENUE.
K. ~ APPROVED RENEWAL OF ITINERANT ACTIVITY LICENSE: BLUE
HELL ICE CREAM, 3218 SNELLING AVENUE,~MPLS.
L. APPROVED RENEWAL OF ITINERANT FOOD LICENSE: RICHFIELD
ICE ARENA.
M/Sandahl, S/Quam ~o approve the consent calendar.
Motion carried 4-O.
Item #6 CONSIDERATION OF REQUEST FOR AN AMENDMENT TO THE
PLANNED UNIT DEVELOPMENT FOR THE HUB SHOPPING CENTER
AND A CONDITIONAL USE PERMIT TO PERMIT TWO RESTAURANTS
(HARDEES RESTAURANT AND TCBY YOGURT) WITH A DRIVE-UP
WINDOW FOR HARDEES. C.L. NO. 63
City Manager Prosser stated that a petition had been
received requesting a moratorium on development of the Hub Super
Block and action to resolve the parking problems.
City Attorney Dean reviewed his letter of March 10, 1989
regarding the petition request. His conclusions were the
following:
1. The Council does not currently possess the legal
authority necessary for the consideration or adoption
of such an interim ordinance.
2. It would be inappropriate for the City Council to delay
consideration of the land use applications presently
pending before it on the sole basis of the Council's
desire to explore the adoption of an interim ordinance.
City Manager Prosser reviewed public policy issues relating
to interim moratorium ordinances. He stated the neighborhood
parking problems created by the dispute created valid community
concerns, but that the court must ultimately decide this issue.
City Manager Prosser reviewed Council Letter No. 63
regarding a request by Bradley Real Estate Trust for an amendment
to the Planned Unit Development Plan for the Hub Shopping Center
and a conditional use permit to permit two restaurants (Hardees
Restaurant and TCBY Yogurt) with a drive-up window for Hardees at
the existing First Minnesota Bank building, 66th and Nicollet.
Dick Heuer, Towle Real Estate Co., on behalf of Bradley Real
Estate Trust, owners of the Hub Shopping Center, reviewed site
models and efforts to meet all City requirements.
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Council~Meeting Minutes -5- March 13, 1989
David Shea, Shea Architects, Inc., reviewed a scale model of
the proposed project and summarized parking, pedestrian access,
landscaping, traffic circulation, and architectural details.
Mayor guam asked if the pedestrian-island would be wide
enough to maintain sufficient walk areas.
David Shea, Shea Architects, Inc. responded that the
pedestrian island was adequate for normal use but would work with
city staff to make any adjustments that may be necessary because
of the overhang of parked care.
William Hewitt, BRW Inc., Traffic Engineer, presented an
overview of traffic circulation patterns related to the proposed
restaurants and vehicle stacking for the drive-up window.
Teddy Burk, 6414 Pillsbury Avenue, reviewed her concerns
relating to parking and her desire that the council act to
resolve the parking issue as requested by the petition.
City Attorney Dean stated an interim ordinance placing a
moratorium on further development is not permitted under State
Statutes in this particular case.
Council Member Sandahl stated the courts will address the
parking issue. He stated the council must make their decision
based on the evidence provided as to the merits of this proposed
PUD amendment and conditional use permit.
Bud Jensen, 6430 Pillsbury Avenue, presented pictures of
cars parking by his driveway (City Clerk File #306). He stated
Pillsbury Avenue should not be a one way street because of a
condition in his property deed. He questioned the signing
installed by the City°on Pillsbury Avenue.
City Manager Prosser reviewed the additional new signs for
the block which were erected to clarify existing conditions and
regulations. He discussed posting no parking signs to the north
end of Mr. Jensen's lot line as suggested by Mr. Jensen.
Ron Glaub, 7209 12th Avenue, urged the council to be
responsive to citizens by denying or delaying the amendment
request until the outcome of the pending lawsuit is finalized.
He criticized Bradley Real Estate and city staff's response to
the parking dispute.
Gary Crawford, 6336 Blaisdell Avenue, suggested that the
council delay action until the parking problem is resolved.
City Attorney Dean responded it would be inappropriate to
delay this amendment and conditional use permit solely on the
basis of waiting until prerequisites are met.
Council Meeting Minutes -6- March 13, 1989
Andrew Constans, 6420 Pillsbury Avenue, stated concerns
regarding .residential neighborhood parking problems and the need
to resolve this issue for everyone involved.
Jim Olson, Hub Shoe Repair, stated he had nothing but
positive contacts with Bradley Real Estate Trust and Towle Real
Estate management. He reviewed the parking history of the Hub
area and stated the parking problem was created by U.S. Swim &
Fitness, not the Hub. He stated U.S. Swim ~ Fitness parking was
creating a problem for the Hub merchants. He presented three
letters (Clerks File #307) regarding U.S.- Swim & Fitness members
boycotting Hub retailers, and regarding Snyders/Hausers parking
problems.
John Hamilton, 7220 Harriet Avenue, President of Richfield
Chamber of Commerce, stated he is pleased to have Bradley Trust
as owner of the Hub. He indicated when the parking and traffic
situation is resolved, this project can be a real asset to the
Hub. Mr. Hamilton stated when U.S. Swim & Fitness came into
Richfield, they wanted only 77 parking stalls. He stated Bradley
Trust did not create the problem, but that parking for U.S. Swim
& Fitness customers is the problem. He indicated the need for
good stores at the Hub and that Bradley Trust will make the Hub a
good shopping center.
Mitch Avery, owner of Danna's Apparel, stated he is anxious
to open and commended Bradley Trust for their efforts to revive
the Hub Shopping Center.
Jim Kerrigan, Plymouth Optical, stated the Hub has
sufficient parking for it's own tenants. He stated it is U.S.
Swim & Fitness customers who are parking in the adjacent
residential area and that U. S. Swim & Fitness should solve their
own parking problem.
John Kenealey, 6400 Blaisdell Avenue, Executive Director of
Richfield, Chamber of Commerce stated support for the
Hardees/TCBY concept if parking problem is resolved. He stated
discipline and cooperation are needed by both parties to address
the parking problems.
Mayor Quam stated the City is doing everything it can to
encourage the resolving of this matter. He announced the City
has called a meeting with Mr. Levine, Mr. Miller, U.S. Swim &
Fitness, Snyders, Hausers, Northwestern Bell, and K-Mart, to
discuss resolving the parking problem.
Council Meeting Minutes -7- March 13, 1989
City Manager Prosser stated that staff recommended the
following stipulation drafted by the City Attorney be included if
the PUD amendment and conditional use permits are approved:
"In the event that a court of competent jurisdiction
determines that, for whatever reason, the owners of the land
adjoining the .lands owned by applicant had and possessed, as of
the date of this approval, the right to utilize parking areas
located within applicant's property, then the Council
specifically reserves and makes this approval conditioned upon
its right to reconsider whether this approval should be modified
or revoked based upon the standards of how this Council would
have acted upon this application had such judicial determination
be made prior to the date of this approval."
Shannon Kilkenny, 6626 10th Avenue, questioned the
difference between Agenda Item #6 and Item #7.
City Manager Prosser stated Item #6 is consideration of a
' PUD Amendment and conditional use permit to permit the two
•restaurants and Item #7 is consideration of the offstreet parking
permit of Bradley Trust for the Hub Shopping Center.
Bob Levine, 1300 Mt. Curve, one of the owners of U.S. Swim &
Fitness, Hausers, Snyders, and Great Clips building, stated his
support for the conditional nature of the. staff recommended
stipulation. He stated concerns regarding the following:
- Bradley Trust intentions regarding parking and towing
- Traffic pattern around Hardees and the impact on the area
Mr. Levine suggested delaying any action until court settlement
of the parking dispute.
Lawrence Wozniczka, 6744 Wentworth Avenue, questioned the
need for more fast food restaurants at the Hub. He stated
concern regarding the solarium setback, parking, and pedestrian
safety.
Skip Thomas, representing Lancer/Stable, stated U.S. Swim &
Fitness is creating the parking problem which is having a
negative impact on Hub retailers.
Dick Heuer, Towle Real Estate, noted that Mr. Levine's
tenants had parking restrictions. He indicated the Levine
parking area could be redesigned to create more spaces. He
stated disagreement with the proposed conditional stipulation
suggested by staff.
Pam Foster, 6325 Pillsbury Avenue, stated she is not against
improvement of the Hub, but would like the parking problem to be
resolved. ~:~
Council Meeting Minutes -8- March 13, 1989
M/Kirsch, S/Quam to close the public hearing.
Motion carried 4-0.
City Manager Prosser stated that the proposal was reviewed
by City staff and it's traffic consultant, Robert Morast of OSM,
to assure that it met the necessary legal requirements and that
parking is sufficient for this proposal.
Council Member Sandahl stated he would not support delay
because of the parking dispute. He stated resolving the parking
dispute is the jurisdiction of the court. He stated support for
approval of the Hardees/TCHY conditional use permit.
Council Member Garcia stated support for this project
stating that the applicant has met all requirements and it would
be an improvement to the Hub.
Council Member Kirsch stated support for this project on its
merit and noted it is separate from the parking dispute.
Mayor Quam reviewed the City's actions to address the
neighborhood parking problems. He stated the City will continue
to work with the parties to resolve parking issues. He stated
with success comes responsibility and U.S. Swim & Fitness should
take responsibility. He indicated his support for the
Hardees/TCSY project.
Mayor Quam adjourned the regular meeting at 9:25 p.m. for
the purpose of convening to a Closed Executive Session to discuss
with the City Attorney pending litigation.
The regular meeting was reconvened by Mayor Quam at 9:30
p.m.
M/Kirsch, S/Garcia to approve an amendment to the Planned
Unit Development Plan for the Hub Shopping Center and a
conditional use permit to permit two restaurants (Hardees
Restaurant and TCSY Yogurt) to be located at the Hub Shopping
Center, 66th Street and Nicollet Avenue with a drive-up window
for Hardees subject to the following stipulation:
- The final landscape plan be reviewed with staff to meet
staff approval.
Motion carried 4-0.
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Council Meeting Minutes -9- March 13, 1989
Item #7 CONSIDERATION OF AN AMENDMENT TO THE OFFSTREET PARKING
PERMIT FOR THE HUB SHOPPING CENTER RELATING TO HARDEES
RESTAURANT. C.L. N0. 64
City Manager Prosser reviewed Council Letter No. 64
regarding approval of an offstreet parking permit for the Hub
Shopping Center at 66th and Nicollet Avenue relating to Hardees
and TCBY Restaurants.
Dick Heuer, Towle Real Estate, reviewed the request for an
amendment to the offstreet parking permit for the Hub.
David Shea, Shea Architects, reviewed landscaping plan and
pedestrian circulation plan.
Bill Hewitt, Traffic Engineer BRW, reviewed the planned
traffic pattern and layout.
Teddy Burk, 6414 Pillsbury Avenue, requested 3-way stop
signs for access on 65th Street. She stated Bradley Trust has
been ignoring the concerns of the neighborhood.
Lawrence Wozniczka, 6744 Wentworth Avenue, stated his
concern for pedestrian safety.
Gary Crawford, 6336 Blaisdell Avenue, stated his concern for
clarification of Hub entrance and traffic circulation.
David Shea, Shea Architects, reviewed the overall traffic
circulation plan.
Bill Hewitt, Traffic Engineer BRW, reviewed traffic
circulation issues.
Shannon Killkenny, 6626 10th Avenue, stated concern
regarding providing boundary barriers for the Hub parking area.
Hob Levine, 1300 Mt. Curve, asked whether the PUD Amendment
and conditional use permit had been passed with or without the
suggested contingency stipulation.
Council Member Sandahl responded that it had passed without
the contingency stipulation.
Dick'Heuer, Towle Real Estate, reviewed property boundary
enforcement implementation issues and stated it will have to be
made clear to people where they can and can't park.
M/Kirsch, S/Garcia to close the public hearing.
Motion carried 4-0.
Council Meeting Minutes -10- March 13, 1989
Bob Morast, OSM Traffic Consultant,
right to put in stop signs on 65th Street
warrants are met, however, stop signs are
devices..
Mayor Quam discussed the possibility
to the offstreet parking permit regarding
property area delineation.
Stated the city has the
if traffic volume
not speed control
of adding stipulations
stop signs and parking
City Manager Prosser stated stop sign installation was the
jurisdiction of the City and discussed the issues related to
parking area signage and towing.
Council Member Sandahl stated the need to prevent unknowing
people from having their cars towed.
M/Kirsch, S/Quam to approve an offstreet parking permit for
the Hub Shopping Center at 66th Street and Nicollet Avenue
relating to Hardees Restaurant with the following stipulations:
1. The final landscape plan be reviewed with staff to meet
staff approval.
2. In the event the applicant plans to enforce parking
restrictions in the Hub Shopping Center, the applicant
will submit to staff for approval a proposed plan for
separating the parking areas to be used by the
applicant and the commercial activities located to the
west of the applicants property.
Motion carried 4-0.
Item #8 FIRST READING OF A TRANSITORY ORDINANCE PROVIDING
FUNDING FOR CERTAIN IMPROVEMENTS FROM THE SPECIAL
REVENUE FUND. C.L. NO. 65
City Manager Prosser reviewed Council Letter No. 65
regarding a proposed transitory ordinance providing funding from
the Special Revenue Fund for the following capital improvements:
Master Park Plan Study $ 30,000
Veterans Memorial Park $ 270,000
Total $ 300,000
M/Sandahl, S/Garcia that this constitute the First Reading
of this ordinance and that the Public Hearing and Second Reading
of the ordinance be scheduled for the March 27 1989 city council
meeting.
Motion carried 4-0.
Council Meeting Minutes -11- March 13, 1989
Item #9 FIRST READING OF A TRANSITORY ORDINANCE FOR THE
CONVEYANCE OF LAND FROM THE CITY OF RICHFIELD TO HOPE
PRESBYTERIAN CHURCH. C.L. N0. 66
City Manager Prosser reviewed Council Letter No. 66
regarding a proposed transitory ordinance and resolution
authorizing the conveyance of the land located at the vacated
portion of 5th Avenue between 71st and 72nd Street from the City
of Richfield to Hope Presbyterian Church, 7132 Portland Avenue.
M/Sandahl, 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 NO. 7508
RESOLUTION MAKING DETERMINATION REQUIRED BY
MINNESOTA STATUTES, SECTION 462.356
(HOPE PRESBYTERIAN CHURCH)
Motion carried 4-0. This resolution appears as Resolution
No. 7508 in Resolution Book No. 57.
M/Sandahl, S/Kirsch that this constitute the First Reading
of this ordinance and that the Public Hearing and Second Reading
of the ordinance be scheduled for the March 27. 1989 city council
meeting.
Motion carried 4-0.
Item #10 LEGISLATIVE REPORT
None
Item #11 COUNCIL DISCUSSION ITEMS
None
Council Meeting Minutes -12- March 13, 1989
Item #iZ CLAIMS AND PAYROLLS
M/Sandahl, SJGarcia that the following claims and payrolls
be approved:
RICHFIELD STATE HANK
Checks 11187-11248; 102198-102510 $ 830,014.10
FIRST WESTERN HANK
Checks 4828-4847 $ 625,892.12
Checks 22960-22994; 23803-24142 Payroll $ 321,099.17
Motion carried 4-0.
ADJOURNMENT
The meeting was adjourned by unanimous
Date Approved:
3/24/89
Thomas P. Ferber
City Clerk
:onsent at 10:08 p.m.
. Qu Mayor
D. Prosse
Manager
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