06-24-96 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
June 24, 1996
CALL TO ORDER
The meeting was called to order by Mayor Kirsch at 7:00 p.m.
PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE
MayorKirsch led the audience in the Pledge of Allegiance.
ROLL CALL
Members Present:Martin Kirsch, Mayor; Michael Sandahl; Susan Rosenberg; Russ
Susag; and Don Priebe.
Staff Present :James Prosser, City Manager; Steven Devich, Administrative
Services Director; Mike Eastling, City Engineer; Gretchen Blank,
Leisure Services Coordinator; Randy Hughes, Operations
Coordinator; Jack Erskine, Public Safety Director; Thomas Ferber,
City Clerk; William Fillmore, Liquor Operations Director; Bruce
Nordquist, Housing Supervisor; Julie Urban, Zoning Administrator;
John Thom, Utility Superintendent; Chris Regis, Finance Manager;
and John Dean, City Attorney.
APPROVAL OF MINUTES
M/Sandahl, S/Priebe to approve the minutes of the Special City Council Closed
Executive Session of June 10, 1996; and the minutes of the regular City Council Meeting
of June 10, 1996.
Council Meeting Minutes-2-June 24, 1996
Motion carried 5-0.
Item #1PRESENTATION OF GENE AND MARY JACOBSEN CITIZEN OF THE
YEAR AWARD FOR 1995 TO PATRICK KIEHL. C.L. NO. 192
Cheryl Binzen, Chair of the Human Rights Commission, presented the Gene and
Mary Jacobsen Outstanding Citizen Award for 1995 to Patrick “Pat” Kiehl in recognition of
his demonstrated long term commitment to the community and its activities.
Item #2PRESENTATION OF CERTIFICATES OF APPRECIATION TO 1996-97
MISS RICHFIELD AMBASSADOR CANDIDATES. C.L. NO. 193
Council Member Sandahl read and presented certificates of appreciation to the
following 1996-1997 Miss Richfield Ambassador candidates:
Missy AndersonJody Eskew
Jodi FlaneryDebbie Healy
Molly McVayJamie Patterson
Kellie SeifertMaria Wigchers
Allison Wiste
Council Member Sandahl read and presented certificates of appreciation to 1995-
1996 Miss Richfield Ambassador Queen Jennifer Reher and Ambassador Princess
Heather Eidsmo.
Cathy Sulla, coordinator of the Miss Richfield Ambassador program, introduced the
program committee members and invited the public to the Fourth of July Celebration.
Item #3PRESENTATION OF 1996 LEAGUE OF MINNESOTA CITIES CITY
ACHIEVEMENT AWARD FOR TECHNOLOGY. C.L. NO. 194
Mayor Kirsch presented the 1996 League of Minnesota Cities City Achievement
Award of Technology to John Thom, Utilities Superintendent.
Utilities Superintendent Thom reviewed Richfield’s wastewater collection program
and services which were recognized by this award.
Council Meeting Minutes-3-June 24, 1996
Item #4OPPORTUNITY FOR PERSONS TO ADDRESS THE CITY COUNCIL ON
ANY ITEM NOT LISTED ON THE AGENDA.
No one wished to address the Council.
Item #5 COUNCIL APPROVAL OF AGENDA
M/Susag, S/Sandahl to approve the agenda.
Motion carried 5-0.
Item #6PUBLIC HEARING AND CONSIDERATION OF APPEAL TO BOARD OF
ADJUSTMENT AND APPEALS REGARDING VARIANCES GRANTED BY
HEARING EXAMINER TO ACADEMY OF HOLY ANGELS, 6600 NICOLLET
AVENUE, TO ALLOW CONSTRUCTION OF ATHLETIC FIELD AND
SEASONAL SPORTS FACILITY. C.L. NO. 195
Mayor Kirsch stated that Items No. 6 and No. 7 both regarded issues related to the
request of the Academy of Holy Angels (AHA) to allow construction of a seasonal sports
facility and that the public hearings would be conducted together.
City Manager Prosser reviewed Council Letter No. 195 regarding the appeal of the
variances granted by the Hearing Examiner on May 28, 1996 to AHA, 6600 Nicollet
Avenue, for the construction of an athletic field and seasonal sports facility. Mr. Prosser
reviewed Council Letter No. 196 regarding the request for an amended conditional use
permit to allow the construction of an athletic field and seasonal sports facility at AHA.
Dr. Jill Reilly, Principal of the AHA, made a brief statement and introduced Annette
Margarit, member of the AHA corporate board.
Annette Margarit, 7238 Fourth Avenue, discussed the cooperation of AHA with the
City in the use of the AHA campus. She reviewed the need for improved physical
education facilities at AHA. She indicated the proposed seasonal sports dome would
provide an affordable self supporting facility to help assure the future of AHA. She
indicated the advantages to the City and residents of the availability of such a facility for
the community without the use of tax dollars.
Sister Ann Walton, Sisters of St. Joseph’s of Carondelet, reviewed the 66 year
history of AHA service to the community and of being a good neighbor. She stated the
importance of providing a balanced education of mental, physical, and spiritual values.
Council Meeting Minutes-4-June 24, 1996
She indicated that the impacts of this proposal have been considered during the last nine
months. She stated that the economic, environmental and neighborhood impact have
been minimized as much as possible. She discussed the positive impacts of the facility
on the future of the school and its students.
Dr. Jill Reilly reviewed the process of discussions, mediation, dialogue, and
compromises regarding this proposal. She outlined the following as compromises to
address the concerns of neighbors:
To Move Facility Away From Neighbors
x
New parking area
x
Researched five different facility locations
x
Moved facility 70 feet forward at considerable cost
To Create a More Pleasing View
x
Added 30+ evergreens to west property line
x
Created berm on west property line
x
Will create plan to replace the 30+ deciduous trees that must be removed from
facility’s new location
To Minimize Impact of Lighting
x
Studied lighting with experts
x
Will install lighting shields where needed
To Minimize Noise
x
Consulted with sound expert
x
Position fans and blowers under bleachers, facing away from neighbors
x
Speakers for outdoor public address system face Holy Angels away from
neighbors
To Minimize Traffic
x
Modified hours of operation for facility
x
Obtain written commitment for use of St. Peter’s parking lot
To Address Drainage Concerns
x
Created drainage plan which improves area drainage
Benefit to Community
x
To create a community facility at no cost to taxpayers
x
After AHA, Richfield will receive priority use
x
Will form advisory committee with city and schools
x
Will decrease overload on current facilities
x
Will provide only indoor soccer space to Richfield soccer players
Dr. Jill Reilly stated support for the variance indicating that it would not be above
and beyond what other schools have for facilities. She stated that schools have a limited
economic base and this facility will help serve the needs of the students.
Gary Tushie, Tushie Montgomery Associates, Inc. reviewed the existing conditions
of the proposed site. He indicated locating the facility over the existing football field would
have the least impact on the property. He summarized the four alternatives which were
looked at as part of the mediation process:
Council Meeting Minutes-5-June 24, 1996
1.Lower the field by 10 feet to depress it. Additional cost $300,000.
2.Move the facility 70 feet to the east, relocate parking, loss of trees, and additional
landscaping. Additional cost $75,000.
3.Move the facility closer to 66th Street. Safety and sound concerns. Additional cost
$143,000.
4.Place field at an angle. Loss of 50 additional trees, relocate parking, and add
retaining walls. Additional cost $85,000.
Mr. Tushie reviewed site plan drawings depicting sight lines, landscaping,
elevations, and the proposed dome. He presented a model depicting shadowing from the
proposed dome.
Kristin Olson, 7445 Third Avenue, spoke as a representative of the AHA student
body, discussing the needs, advantages, and opportunities that the domed facility would
provide to enhance the curriculum for AHA students.
Council Member Susag asked about the location and height of the proposed
landscape berm.
Mr. Tushie stated the berm would be six feet high and be located just east of the
existing tree line.
Tom Ticen, 7011 James Avenue, attorney representing neighbors who are
opposed to the proposed domed facility, presented a petition (Clerks File No. C-362) of
300 names in opposition to the proposal. Mr. Ticen compared the size of the dome as
comparable to placing the Richfield bank of the site. He discussed and reviewed the
following issues regarding the proposal:
x
37 oak trees would be lost.
x
The operational hours of 6 a.m.-11p.m. would have a negative impact on the
adjacent neighborhood.
x
That the proposal did not meet the statutory requirement for undue hardship or
unique circumstances for granting a variance.
x
That the property is usable for athletics without a dome.
x
St. Louis Park staff had recommended denial of a similar dome.
x
Renting the facility would mean high utilization and greater impact on the
neighborhood.
x
That City ordinance does not provide for a dome as an amendment to the prior
conditional use permit.
x
The Hearing Examiner findings regarding undue hardship, unique circumstances,
and not altering the character of the neighborhood did not appear adequate.
Mr. Ticen stated that the neighbors are opposed to granting the variance and
amended conditional use permit based on the negative impact on the neighborhood and
that the burden to prove undue hardship and unique circumstances has not been met.
Council Meeting Minutes-6-June 24, 1996
Jan Anderson, 6744 Pleasant Avenue, spoke in opposition to the proposal citing
the impact of the dome on the aesthetics of the neighborhood and concern about
standards of the zoning ordinance.
Burt Miller, 6712 Pleasant Avenue, spoke in opposition to the proposal stating
concern that he felt the City staff had been more supportive to AHA rather than the
residents. He stated the City should not pay for the noise assessment report or property
appraisals regarding the proposal. He stated concerns about noise, security lighting,
hours of operation, fencing, and activities that may occur in and near the dome.
James Vargo, 6630 Pleasant Avenue, spoke in opposition to the proposal. He
stated that they had placed a helium balloon on the property to a height of 65 feet. He
presented a picture depicting the balloon and stated that this perspective differed from the
perspective shown by the architect.
Sharon Miller, 6712 Pleasant Avenue, a member of Save a Valued Environment in
Richfield (SAVER), spoke in opposition to the proposal suggesting it was in opposition to
the Comprehensive Plan and that there should not be a rush to judgement. She
suggested that if the City needs such a facility, the City should build one with liquor store
profits in a park. She stated opposition to the dome and not the use of the site for
athletics. She stated concerns about the loss of trees and shadows related to the
proposal. She requested denial of the proposal to protect the residential character of the
neighborhood.
Lawrence Wozniczka, 6744 Wentworth Avenue, spoke in opposition to the
proposal indicating it would have an adverse impact on the residential neighborhood. He
stated concerns about traffic, the use of St. Peter’s parking lot by AHA, and the impact on
storm water drainage at 68th Street and Wentworth Avenue. He suggested further study
as to what zoning district a dome should be permitted, traffic, parking, and drainage
issues.
Don Anderson, 7204 Harriet Avenue, spoke in opposition to the proposal stating
concern about the impact of the dome on the neighborhood and suggested it would be a
fire hazard.
Ann Garland, 500 East 67th Street, business manager for St. Peter’s, stated that
the lack of athletic gym space was a hardship for AHA noting that they regularly rent the
St. Peter’s gym and use a classroom for practice space. She stated that she felt granting
the variance was important for the school’s future and was different than a variance for a
business such as a tattoo parlor. She indicated that St. Peter’s has 420 parking spaces
and has had a shared parking agreement with AHA for at least 12 years. She stated there
is no conflict with AHA’s use of the St. Peter’s parking lot.
Lynne Pickhart, 6640 Pleasant Avenue, spoke in opposition to the proposal stating
that the dome would be unattractive and cause depreciation of surrounding real estate
values.
Council Meeting Minutes-7-June 24, 1996
Heidi Gaibor, 6915 Wentworth Avenue, spoke in opposition to the proposal stating
that the City should protect residents from this type of proposal. She stated AHA could
use other facilities and that their motive is an attraction to generate revenue. She
indicated it would not be a hardship for AHA not to have the dome.
Art Gokey, 6626 Pleasant Avenue, stated he had worked for Edina and they treated
their residents better than Richfield.
Mike Cuniff, Chair of the AHA School Board, stated that it was an undue hardship
that AHA is the only school that does not have an athletic complex to meet the physical
education needs of its students. He stated that there is no desire to have the dome up all
year. He indicated that AHA had tried to work with the community to look at the
alternatives. He stated that if youth do not have the opportunity for activities, their are
costs to the community and society as a whole.
Father Michael Byron, affiliated with AHA, asked that the decision be made based
on what is best for the City, neighbors, students and AHA.
Gary Tushie, Tushie Montgomery Associates, Inc., responded to questions raised
about the proposal. He stated the security lighting would be 10 feet high. He discussed
the different perspective views regarding pictures depicting how the dome would be seen
from the neighborhood. He stated a drainage plan had been submitted. He stated the
dome met flame retardant standards and would not burn.
Council Member Susag asked about the potential of signage on the dome.
City Manager Prosser stated that the City’s sign ordinance would regulate signage.
Mr. Tushie stated no signage is proposed on the dome.
Council Member Priebe asked if the trees along Pleasant Avenue would remain
along with the addition of a 6 foot berm with 14 foot high trees.
Mr. Tushie stated that is the proposed plan.
Burt Miller, 6712 Pleasant Avenue, stated that this would provide a place for kids to
hide and do things. He questioned the legality of the proposal and why the City had
measured the height of the AHA smoke stack.
Council Member Susag stated that he had requested the height of this structure
and several others in the City in regards to the telecommunications tower/antenna
moratorium issue.
M/Sandahl, S/Priebe to close the public hearing.
Motion carried 5-0.
Council Meeting Minutes-8-June 24, 1996
City Manager Prosser stated that the City does use consultants to provide
independent analysis of issues such as the noise assessment of the dome.
City Attorney Dean discussed issues related to the reasonableness of the
determination of undue hardship, determination of alteration of the essential character of
the neighborhood related to such things as light, air, congestion on streets, fire, and
substantial impact of the value of property. He discussed what he termed the minimum
variance issue looking at the facility and type of activity rather than the users. He
indicated the burden of proof is higher for the denial of a reasonable use of the property.
Mr. Dean stated that it is proposed as a condition of the conditional use permit that it be
up only 180 days and a violation could result in revocation.
Council Member Susag asked if City ordinance allows the dome as an accessory
use.
City Attorney Dean stated that the facility would be a component of the educational
activity, therefore it would come under the conditional use permit for the school.
M/Susag, S/Rosenberg to affirm the May 28, 1996 decision of the Hearing
Examiner granting the variances to AHA, 6600 Nicollet Avenue, to allow construction of an
athletic field and seasonal sports facility and adopt the findings of the Hearing Examiner.
City Attorney Dean suggested that the Council consider amending the motion to
include the additional finding that the City Council also finds that the variance requested
is the minimum variance necessary for the activities that are designed to occur within the
proposed facility.
Council Member Susag and Council Member Rosenberg agreed to amend the
motion as suggested by the City Attorney. The motion restated with the amendment:
M/Susag, S/Rosenberg to affirm the May 28, 1996 decision of the Hearing
Examiner granting the variances to AHA, 6600 Nicollet Avenue, to allow construction of an
athletic field and seasonal sports facility and adopt the findings of the Hearing Examiner;
and, that the City Council also finds that the variance requested is the minimum variance
necessary for the activities that are designed to occur with the proposed facility.
Motion carried 5-0.
Item #7PUBLIC HEARING REGARDING REQUEST FOR AMENDED
CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF
SEASONAL SPORTS FACILITY AND ATHLETIC FIELD AT ACADEMY OF
HOLY ANGELS, 6600 NICOLLET AVENUE. C.L. NO. 196
Council Meeting Minutes-9-June 24, 1996
The public hearing was conducted with Item #6.
City Manager Prosser stated that the following stipulations are proposed if the City
Council were to approve the amended conditional use permit to allow construction of a
seasonal sports facility and athletic field at Academy of Holy Angels (AHA), 6600 Nicollet
Avenue:
1.That the structure meet the Uniform Building and Fire Codes and be inflated no more
than 180 days in a given year.
2.That a lighting plan, indicating both field lighting and security lighting, be submitted
to and approved by the Community Development Director based on a review of the
specifications by a lighting expert that indicates minimal intrusion on adjacent
properties.
3.That a plan for the speaker and heater system be submitted to and approved by the
Community Development Director based on a review of the specifications by Dr.
David Braslau at a recommended level of 40 decibels or less at the residential
neighborhood to minimize the impact on the adjacent neighborhood.
4.That netting be erected inside the dome for practice purposes to prevent the impact
of balls on the walls of structure.
5.That Holy Angels establish an advisory committee or some other forum for
communication within 60 days of Council approval to provide residents and other
community organizations with a means of communicating their concerns regarding
the facility with the school.
6.That a plan for protecting the remaining trees during construction be submitted to
and approved by the Community Development Director in consultation with the City
Forester.
7.That a plan for replacing the lost deciduous trees be submitted to and approved by
the Community Development Director and that a landscape escrow be submitted for
the cost of the landscaping.
8.That the shared parking agreement with St. Peter’s for the utilization of the St.
Peter’s parking lot remain in effect.
9.That the hours of operation be limited to 6 a.m. to 11 p.m.
10.That the hours of operation of the speaker system be limited to 7 a.m. to 10 p.m.
11.That the Engineering Division approve the stormwater drainage plan for the
relocated parking lot.
Dr. Jill Reilly asked for clarification of noise decibel level recommended by Dr.
David Braslau.
City Manager Prosser stated it was 40 decibels.
Council Meeting Minutes-10-June 24, 1996
Dr. Jill Reilly asked whether “lock in” overnight retreats would be allowed in the
facility.
City Manager Prosser stated that this would raise issues of light and noise which
he suggested for review by the Community Advisory Task Force and then a
recommendation be made to the City Council.
M/Susag, S/Priebe to approve the conditional use permit to allow construction of an
athletic field and seasonal sports facility at the Academy of the Holy Angels, 6600 Nicollet
Avenue, with the following stipulations:
1.That the structure meet the Uniform Building and Fire Codes and be inflated no more
than 180 days in a given year.
2.That a lighting plan, indicating both field lighting and security lighting, be submitted
to and approved by the Community Development Director based on a review of the
specifications by a lighting expert that indicates minimal intrusion on adjacent
properties.
3.That a plan for the speaker and heater system be submitted to and approved by the
Community Development Director based on a review of the specifications by Dr.
David Braslau at a recommended level of 40 decibels or less at the residential
neighborhood to minimize the impact on the adjacent neighborhood.
4.That netting be erected inside the dome for practice purposes to prevent the impact
of balls on the walls of structure.
5.That Holy Angels establish an advisory committee or some other forum for
communication within 60 days of Council approval to provide residents and other
community organizations with a means of communicating their concerns regarding
the facility with the school.
6.That a plan for protecting the remaining trees during construction be submitted to
and approved by the Community Development Director in consultation with the City
Forester.
7.That a plan for replacing the lost deciduous trees be submitted to and approved by
the Community Development Director and that a landscape escrow be submitted for
the cost of the landscaping.
8.That the shared parking agreement with St. Peter’s for the utilization of the St.
Peter’s parking lot remain in effect.
9.That the hours of operation be limited to 6 a.m. to 11 p.m.
10.That the hours of operation of the speaker system be limited to 7 a.m. to 10 p.m.
11.That the Engineering Division approve the stormwater drainage plan for the
relocated parking lot.
Council Meeting Minutes-11-June 24, 1996
Motion carried 5-0.
Item #8PUBLIC HEARING TO CONSIDER APPROVAL OF UPDATE OF CITY’S
COMPREHENSIVE PLAN. C.L. NO. 197
City Manager Prosser reviewed Council Letter No. 197 regarding the proposed
revision and update of the City’s Comprehensive Plan.
KristalStokes, 6733 17th Avenue, Vice Chair of the Planning Commission and
Chair of the Comprehensive Plan Steering Committee, reviewed the following goals and
objectives with were used in revising the Comprehensive Plan:
x
Take advantage of Richfield’s residential character by maintaining existing
neighborhoods and preserving their residential quality.
x
Continue to expand the choices in housing such as senior housing, a wide
range of single family residences, duplexes and townhomes.
x
Support Richfield’s school population.
x
Expand regional commercial areas and increase Richfield’s tax base, taking
advantage of exposure along Interstate-494.
x
Increase multiple-unit housing, giving those who cannot or do not choose to
maintain a house the chance to live in Richfield.
x
Use single family attached units -- duplexes and townhomes -- as a buffer
between residential neighborhoods and commercial development.
x
Incorporate the proposals in the 1989 Park Plan to improve and upgrade parks.
x
Provide non-residential uses to mitigate airport noise intrusion in East Richfield
along Cedar Avenue.
x
Provide for a system of bike/hike paths.
Council Member Susag asked if maintaining and preserving existing residential
neighborhoods could mean eliminating homes.
Ms. Stokes indicated the plan would provide encouragement for transitional use
areas that protect and improve adjacent neighborhoods.
Council Member Susag noted that there is not currently a separate institutional
land use for churches, schools, and other similar uses.
Ms. Stokes stated that the plan provides for a quasi-public land use designation.
Council Member Priebe stated that the revised plan was very good overall except
for the suggested concept of developing Washington Park into a Edinborough type
development and replacing the lost parkland by buying homes around Wilson Pond for a
Council Meeting Minutes-12-June 24, 1996
park site. He stated opposition to this concept because the City just invested $500,000 in
Washington Park improvements. He stated the building of a high rise on this site may not
be allowed in the flight path of runway 4-22, and homeowners on Wilson Pond were
opposed to it.
Ms. Stokes stated that the plan indicated that a mixed used residential/commercial/
recreation opportunity was envisioned for the site and did not have to be a high rise. She
stated that the Comprehensive Plan is meant to be a framework and vision.
Mayor Kirsch stated that the Comprehensive Plan is meant to be planning vision
and roadmap for the future.
Council Member Sandahl stated that adoption of the Comprehensive Plan does not
mean that homes will be bought, that these changes will necessarily occur, or that
different changes will not occur in the community.
Council Member Priebe stated that he felt now is an appropriate time to eliminate a
concept in the Plan that will not work. He stated he would support approving the
Comprehensive Plan to the Metropolitan Council if the elements for redeveloping
Washington Park and the taking of homes around Wilson Pond were eliminated from the
plan.
Lawrence Wozniczka, 6744 Wentworth Avenue, asked questions about the
process of approving the updated Comprehensive Plan and the opportunity for submittal
of public comments.
Zoning Administrator Urban reviewed the process of review by the Metropolitan
Council, and the provision for submittal of public comments and the final public hearing for
final adoption by the City Council.
M/Sandahl, S/Susag to close the public hearing.
Motion carried 5-0.
M/Priebeto approve the update of the Comprehensive Plan, after eliminating the
two concepts of redeveloping Washington Park and the acquisition of homes around
Wilson Pond for an enlarged park.
Motion failed for lack of a second.
M/Susag, S/Sandahl to approve and authorize the submittal of the update of the
City of Richfield Comprehensive Plan, as presented in Council Letter No. 197, to the
Metropolitan Council for review, with the understanding that a public comment period is
part of the review process; and that after Metropolitan Council review, the City Council will
conduct a public hearing for the consideration and receipt of public comment regarding
the final approval of the update of the Comprehensive Plan.
Motion carried 4-1. (Priebe opposed)
Council Meeting Minutes-13-June 24, 1996
Item #9PROCLAMATION DESIGNATING JULY 7 THROUGH JULY 13, 1996 AS
NATIONAL THERAPEUTIC RECREATION WEEK IN CITY OF RICHFIELD.
C.L. NO. 198
Council Member Rosenberg read and presented a proclamation to Leisure
Services Coordinator Gretchen Blank designating July 7-July 13, 1996 as National
Therapeutic Recreation Week in the City of Richfield.
Item #10PROCLAMATION DESIGNATING JULY AS NATIONAL PARK AND
RECREATION MONTH IN RICHFIELD. C.L. NO. 199
Council Member Priebe read and presented a proclamation designating July as
National Park and Recreation Month in Richfield to Leisure Services Coordinator
Gretchen Blank.
Item #11 CONSENT CALENDAR
Council Member Priebe requested that consent calendar Item #11A. Be removed
from the consent calendar for separate consideration.
Mayor Kirsch stated Consent Calendar Item 11A. would be removed from the
consent calendar and placed on the regular agenda for consideration as Item 19A.
A.Removed from the consent calendar and placed on the regular agenda as Item
#19A.
B.APPROVED ACTION PLAN TO ACHIEVE HOUSING GOALS RELATED TO
METROPOLITAN LIVABLE COMMUNITIES ACT C.L. 201
C.APPROVED AWARD OF CONTRACT FOR 1996 SIDEWALK, CURB AND
GUTTER REPAIR, AND CATCH BASIN RECONSTRUCTION PROJECT TO
RON KASSA CONSTRUCTION IN AMOUNT OF $34,080.48 C.L. 202
D.APPROVED AWARD OF CONTRACT FOR REPLACEMENT PLAY EQUIPMENT
AT AUGSBURG PARK, 70TH STREET AND WENTWORTH AVENUE, TO EARL
F. ANDERSEN, INC. IN AMOUNT OF $54,549 C.L. 203
Council Meeting Minutes-14-June 24, 1996
E.APPROVED PURCHASE IN EXCESS OF $5,000 FOR ONE DUST COLLECTOR
FOR USE AT WATER PLANT FROM VESSCO, INC. IN AMOUNT OF $5,663.43
C.L. 204
F.APPROVED PURCHASE IN EXCESS OF $5,000 FOR MOWING SERVICES
FOR 77TH STREET REDEVELOPMENT AREA FROM CONTRACT
MAINTENANCE IN AMOUNT OF $8,580 C.L. 205
G.APPROVED TEMPORARY ON-SALE NON-INTOXICATING MALT LIQUOR
LICENSE AND FEE WAIVER ON JULY 3, 1996 FOR FRED BABCOCK VFW
POST 5555 C.L. 206
H.APPROVED TEMPORARY ON-SALE NON-INTOXICATING MALT LIQUOR
LICENSE AND FEE WAIVER ON JULY 4 FOR MINNEAPOLIS-RICHFIELD
AMERICAN LEGION POST 435 C.L. 207
I.APPROVED OF COMMUNITY CELEBRATION EVENT LICENSE AND FEE
WAIVER FOR FOURTH OF JULY COMMITTEE FOR EVENTS SCHEDULED ON
JULY 4, 1996 C.L. 208
J.APPROVED ITINERANT PLACE OF AMUSEMENT LICENSE FOR OAK GROVE
LUTHERAN CHURCH, 7045 LYNDALE AVENUE, FOR BLOCK PARTY ON
AUGUST 17 AND 18, 1996 C.L. 209
K.APPROVED FINAL PAYMENT FOR SITE DEVELOPMENT OF WASHINGTON
PARK; SUNRAM CONSTRUCTION; $31,312.48
M/Sandahl, S/Priebe to approve the consent calendar as amended.
Motion carried 5-0.
Item #12PUBLIC HEARING AND CONSIDERATION OF RESOLUTION
AUTHORIZING ISSUANCE, SALE AND DELIVERY OF $8,010,000 MULTI-
FAMILY HOUSING REVENUE REFUNDING BONDS, SERIES 1996, FOR
VILLAGE SHORES PROJECT. C.L. NO. 210
City Manager Prosser reviewed Council Letter No. 210 regarding consideration of a
resolution authorizing the issuance, sale, and delivery of $8,010,000 Multi-family Housing
Revenue Refunding Bonds for the Village Shores Project.
Mike Gould, G & P Properties, Inc., reviewed the history of the financing of the
Market Plaza Housing Project and the subsequent renovation which converted the project
into a senior congregate rental building, now known as Village Shores.
Council Meeting Minutes-15-June 24, 1996
Tom Melchoir, Maxfield Research Group, reviewed a market rate rental comparison
of similar projects in the area. He indicated that the rents were below what the market
might allow and the demand for this type of housing remains high.
Mr. Gould stated that G & P Properties, Inc. had met with their tenants and offered
a five year rent regulation commitment if the refunding bonds are approved to refinance
the project. He indicated the commitment included no rent increase in 1997, a maximum
increase of 3% in 1998 and 1999, and a maximum increase of 4% in 2000 and 2001.
Council Member Susag asked if Mr. Gould was agreeable to the proposed
Resolution B which provides for an administrative fee of 1% of the bonds up to a
maximum of $50,000 to cover the administrative costs associated with the bond issue,
such as legal fees, and staff time.
Mr. Gould stated he was unaware of this proposal and would need time to review it.
After discussion, Mr. Gould and City Attorney Dean were given time to discuss this
issue further before City Council action.
City Attorney Dean reviewed the discussions regarding the initiation of the
administrative fee and communications regarding it. He indicated that Mr. Gould had
made the rent regulation commitment prior to the initiation of the administrative fee
proposal. He therefore recommended that the administrative fee be reduced to actual
costs with a maximum of $25,000.
Mr. Gould stated agreement to these terms.
Lawrence Wozniczka, 6744 Wentworth Avenue, stated concerns that the costs of
the refinancing not be born by the public.
Council Member Priebe stated the administrative fee was to cover these costs.
M/Susag, S/Sandahl to close the public hearing.
Motion carried 5-0.
M/Susag, S/Sandahl that the following resolution, as amended to reflect an
administrative fee not to exceed $25,000, be adopted, that it be spread in the resolution
book and that it be made part of these minutes:
RESOLUTION NO. 8354
AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF $8,010,000
MULTIFAMILY HOUSING REVENUE REFUNDING BONDS (VILLAGE SHORES
Council Meeting Minutes-16-June 24, 1996
PROJECT) SERIES 1996, AUTHORIZING THE EXECUTION AND DELIVERY OF
VARIOUS DOCUMENTS RELATING THERETO, AND PROVIDING FOR THE
SECURITY, RIGHTS AND REMEDIES OF THE HOLDERS THEREOF
Motion carried 5-0. This resolution appears as Resolution No. 8354 in Resolution
Book No. 66.
Item #13PUBLIC HEARING AND SECOND READING OF TRANSITORY
ORDINANCE TO AUTHORIZE SALE OF CITY-OWNED PROPERTY AT
7625 EMERSON AVENUE TO RICHFIELD HRA FOR RICHFIELD
REDISCOVERED SITE DEVELOPMENT AND AUTHORIZATION TO
ENTER INTO LICENSE AGREEMENT WITH HRA. C.L. NO. 211
City Manager Prosser reviewed Council Letter No. 211 regarding a proposed
transitory ordinance to authorize the sale of City owned property at 7625 Emerson Avenue
to the Richfield HRA for Richfield Rediscovered site development.
Lawrence Wozniczka, 6744 Wentworth Avenue, stated concerns that this proposal
for a Richfield Rediscovered development of this property does not meet the “but for” test
for tax increment financing.
City Manager Prosser stated that the Richfield Rediscovered Program tax
increment was considered as a whole with some projects a gain and some a loss. He
indicated the appraised tax base value for the property was $25,600 for the smaller
parcel.
Lawrence Wozniczka, 6744 Wentworth Avenue, stated opposition to the sale price
of the property and the use of tax increment financing for the project. He stated that he
felt sale of the property on the open market would yield more for the City.
M/Sandahl, S/Susag to close the public hearing.
Motion carried 5-0.
M/Sandahl, S/Susag that this constitute Second Reading of Bill No. 1996-16,
Transitory Ordinance No. 17.68 providing for the sale of 7625 Emerson Avenue; that it be
published in the official newspaper and that it be made part of these minutes.
Motion carried 4-1. (Priebe opposed)
Council Meeting Minutes-17-June 24, 1996
Item #14CONSIDERATION OF FIRST READING OF ORDINANCE AMENDING
SECTION 1100.13 OF RICHFIELD CITY CODE REGULATING CERTAIN
TYPES OF CHARITABLE GAMBLING. C.L. NO. 212
City Manager Prosser reviewed Council Letter No. 212 regarding a proposed
ordinance which would provide some expansion of charitable gambling (pull tabs). He
stated the proposed ordinance would accomplish the following:
x
Permits would be issued to non-profit organizations who have a signed lease
agreement with establishments who hold an “on-sale, non-intoxicating liquor
license” (3.2 beer) or club license.
x
The non-profit organization must have been established in Richfield for three
years prior to their application.
x
The non-profit organization must have its principle place of business in
Richfield.
x
The non-profit organization must demonstrate that its services and funds are
substantially performed or spent within or on behalf of Richfield residents.
x
Limits the number of permits for any one organization to three.
x
Changes the period Council can approve or disapprove an application from 25
days to 60 days.
x
Sets out reasons an application can be disapproved to include where the
activity would be detrimental to health, safety and welfare.
x
Must comply with all other codes.
x
Provides specifically in ordinance form what is or is not permitted.
x
Clarifies other parts of the charitable (lawful) gambling ordinance.
M/Sandahl, S/Rosenberg that this constitute the First Reading of this ordinance
amending Section 1100.13 regulating certain types of charitable gambling; and that the
Public Hearing and Second Reading of the ordinance be scheduled for the July 22, 1996
City Council meeting.
Motion carried 5-0.
Item #15CONSIDERATION OF RESOLUTION AUTHORIZING STUDY TO BE
Council Meeting Minutes-18-June 24, 1996
CONDUCTED PERTAINING TO TELECOMMUNICATIONS TOWERS,
IMPOSING MORATORIUM ON DEVELOPMENT OF
TELECOMMUNICATIONS TOWERS DURING STUDY; AND FIRST
READING OF INTERIM ORDINANCE AUTHORIZING STUDY ON
TELECOMMUNICATIONS TOWERS AND IMPOSING MORATORIUM ON
DEVELOPMENT OF TELECOMMUNICATIONS TOWERS FOR 90 DAYS.
C.L. NO. 213
City Manager Prosser reviewed Council Letter No. 213 regarding the proposed
interim moratorium and conduct of a study of issues related to the location and installation
of telecommunications towers and antennas in the City.
Discussion followed regarding the difference in telecommunication towers and
antennas, staff review of existing telecommunication antennas and towers in the City, the
difference between free standing towers and those on existing buildings/structures and
time needed to review the issues related to placement on existing structures such as the
Donaldson Park water tower.
M/Sandahl, S/Priebe 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. 8335
RESOLUTION DIRECTING A STUDY BE CONDUCTED ON TRANSMISSION AND
RECEPTION FACILITIES OF COMMERCIAL WIRELESS TELECOMMUNICATION
SERVICES AND ESTABLISHING A MORATORIUM;
and that this constitute the First Reading of this ordinance amendment authorizing study
on telecommunications towers; and that the Public Hearing and Second Reading of the
ordinance be scheduled for the July 22, 1996 City Council meeting.
Motion carried 5-0. This resolution appears as Resolution No. 8335 in Resolution
Book No.66.
Item #16CONTINUED DISCUSSION OF REQUEST FOR AMENDED PLANNED
UNIT DEVELOPMENT/FINAL DEVELOPMENT PLAN AND CONDITIONAL
USE PERMIT TO ALLOW ADDITION OF VETERINARY CLINIC AS
ALLOWABLE USE IN PHASE I OF SHOPS AT LYNDALE, 1100 WEST
78TH STREET. C.L. NO. 214
Council Meeting Minutes-19-June 24, 1996
City Manager Prosser reviewed Council Letter No. 214 regarding the application of
Petsmart for an amended planned unit development/final development plan and
conditional use permit to allow the addition of a veterinary clinic as an allowable use in
Phase I of the Shops at Lyndale, 1100 West 78th Street.
Peter Beck, Doherty, Rumble & Butler P.A., representing Petsmart, Inc. and A
Caring Doctor P.A., stated that his client has agreed to comply with the seven conditions
requested by the City as part of the amendment to the conditional use permit and final
development plan to allow a veterinary clinic.
M/Susag, S/Sandahl to approve the request of Petsmart, Inc. for an amended
planned unit development final development plan and conditional use permit for Phase I
of the Shops at Lyndale, 1100 West 78th Street, to allow the addition of a veterinary clinic
subject to the following conditions:
CONDITIONS IMPOSED ON THE GRANTING OF THE COMMERCIAL KENNEL
VETERINARY CLINIC LICENSE ISSUED TO A CARING DOCTOR (MINNESOTA), P.A.,
WHICH ARE ALSO CONDITIONS THAT PETSMART, INC., WOULD AGREE TO
COMPLY WITH AS PART OF THE AMENDMENT TO THE CUP AND FINAL
DEVELOPMENT PLAN TO ALLOW A VETERINARY CLINIC
1.All animals in the store and the veterinary clinic must be controlled by a leash not
exceeding six feet (6’) in length or in a carrier of adequate size and strength to be
reasonably able to control the animal.
2.A Caring Doctor (Minnesota), P.A., shall not be a boarding facility for animals. If
animals that are being cared for at the veterinary clinic need to be taken for a walk to
determine their condition or their response to surgery, then the animal will be taken
outside on a leash and walked in an area that is not included in the front parking lot.
3.PETsMART, Inc., and A Caring Doctor (Minnesota), P.A. agree at their own expense to
continuously carry public liability insurance in amounts of a least Five Hundred
Thousand and no/100 Dollars ($500,000.00) for injury or death to one person and One
Million and no/100 Dollars ($1,000,000.00) for injury or death to more than one person
in one occurrence so as to ensure PETsMART, Inc., and A Caring Doctor (Minnesota),
P.A., against all claims and causes of action arising out of injury to any person or
persons while on the premises within the possession of and under the operation of
PETsMART, Inc., and A Caring Doctor (Minnesota), P.A.
PETsMART, Inc., and A Caring Doctor (Minnesota), P.A., agree to provide the City of
Richfield with Certificates of Insurance evidencing such coverage and for each
renewal of the license thereof.
4.PETsMART, Inc., and A Caring Doctor (Minnesota), P.A., shall post appropriate signs
at the entrance to the PETsMART, Inc., store and at the entrance to the veterinary
clinic and at two (2) locations in the parking lot servicing such store and veterinary
clinic advising the customers and patrons of the need to restrain their animals in the
manner as set forth in paragraph 1 above. The signs to be posted in the parking lot
shall be at locations to be recommended by the City’s Director of Public Safety. The
signs required by this paragraph shall also advise customers of the need to remove
feces deposited on the property by their animal. The signs to be posted in the parking
lot are subject to the consent of the owner of the shopping center.
Council Meeting Minutes-20-June 24, 1996
5.PETsMART, Inc., and A Caring Doctor (Minnesota), P.A., must file with the Public
Safety Director for approval a written plan showing the procedures they will use for
removing waste from the parking areas and PETsMART, Inc., and A Caring Doctor
(Minnesota) P.A., must comply with such procedures. At a minimum, the exterior of the
building and the parking lot near the building must be checked twice a day for the
removal of any animal feces that may occur as a result of patrons bringing their
animals with them to the store or the veterinary clinic. All feces must be cleaned up
and immediately disposed of properly.
6.Any incidents of animals biting persons must be immediately reported to the City’s
Director of Public Safety.
7.PETsMART, Inc., and A Caring Doctor (Minnesota), P.A., must comply with all
applicable state laws, regulations and City Ordinances.
Motion carried 4-1. (Rosenberg opposed)
Item #17CONSIDERATION OF APPLICATION FOR NEW COMMERCIAL KENNEL
LICENSE FOR A CARING DOCTOR (MINNESOTA) P.A. D.B.A.
VETSMART PET HOSPITAL AND HEALTH CENTER, 1100 WEST 78TH
STREET (ACTION TABLED APRIL 8, 1996). C.L. NO. 215
City Manager Prosser reviewed Council Letter No. 215 regarding the application of
A Caring Doctor (Minnesota) P.A. d.b.a. Vetsmart Pet Hospital and Health Center, 1100
West 78th Street, for a commercial kennel license to operate a veterinary clinic out of
leased space from Petsmart store.
Pierre (Pete) N. Regnier, Jardine, Logan & O’Brien, attorney representing the City
of Richfield in the matter of Petsmart, Inc. and a Caring Doctor (Minnesota) P.A. versus
City of Richfield, stated that Mr. Beck, the attorney for Petsmart, has agreed to dismiss the
court actions regarding this matter if the City grants the amended planned unit
development/final development plan and conditional use permit, and the commercial
kennel license for the veterinary clinic. He stated that the seven conditions would apply to
the granting of the license.
Peter Beck, Doherty, Rumble, & Butler, P.A., stated that under the conditions the
court actions would be dismissed as Mr. Regnier indicated as soon as the building permit
and any other necessary approvals were granted.
M/Sandahl, S/Priebe to approve granting a commercial kennel license to A Caring
Doctor (Minnesota) P.A. d.b.a. Vetsmart Pet Hospital and Health Center, 1100 West 78th
Street, subject to the following conditions:
Council Meeting Minutes-21-June 24, 1996
CONDITIONS IMPOSED ON THE GRANTING OF THE COMMERCIAL KENNEL
VETERINARY CLINIC LICENSE ISSUED TO A CARING DOCTOR (MINNESOTA), P.A.,
WHICH ARE ALSO CONDITIONS THAT PETSMART, INC., WOULD AGREE TO
COMPLY WITH AS PART OF THE AMENDMENT TO THE CUP AND FINAL
DEVELOPMENT PLAN TO ALLOW A VETERINARY CLINIC
1.All animals in the store and the veterinary clinic must be controlled by a leash not
exceeding six feet (6’) in length or in a carrier of adequate size and strength to be
reasonably able to control the animal.
2.A Caring Doctor (Minnesota), P.A., shall not be a boarding facility for animals. If
animals that are being cared for at the veterinary clinic need to be taken for a walk to
determine their condition or their response to surgery, then the animal will be taken
outside on a leash and walked in an area that is not included in the front parking lot.
3.PETsMART, Inc., and A Caring Doctor (Minnesota), P.A. agree at their own expense to
continuously carry public liability insurance in amounts of a least Five Hundred
Thousand and no/100 Dollars ($500,000.00) for injury or death to one person and One
Million and no/100 Dollars ($1,000,000.00) for injury or death to more than one person
in one occurrence so as to ensure PETsMART, Inc., and A Caring Doctor (Minnesota),
P.A., against all claims and causes of action arising out of injury to any person or
persons while on the premises within the possession of and under the operation of
PETsMART, Inc., and A Caring Doctor (Minnesota), P.A.
PETsMART, Inc., and A Caring Doctor (Minnesota), P.A., agree to provide the City of
Richfield with Certificates of Insurance evidencing such coverage and for each
renewal of the license thereof
4.PETsMART, Inc., and A Caring Doctor (Minnesota), P.A., shall post appropriate signs
at the entrance to the PETsMART, Inc., store and at the entrance to the veterinary
clinic and at two (2) locations in the parking lot servicing such store and veterinary
clinic advising the customers and patrons of the need to restrain their animals in the
manner as set forth in paragraph 1 above. The signs to be posted in the parking lot
shall be at locations to be recommended by the City’s Director of Public Safety. The
signs required by this paragraph shall also advise customers of the need to remove
feces deposited on the property by their animal. The signs to be posted in the parking
lot are subject to the consent of the owner of the shopping center.
5.PETsMART, Inc., and A Caring Doctor (Minnesota), P.A., must file with the Public
Safety Director for approval a written plan showing the procedures they will use for
removing waste from the parking areas and PETsMART, Inc., and A Caring Doctor
(Minnesota) P.A., must comply with such procedures. At a minimum, the exterior of the
building and the parking lot near the building must be checked twice a day for the
removal of any animal feces that may occur as a result of patrons bringing their
animals with them to the store or the veterinary clinic. All feces must be cleaned up
and immediately disposed of properly.
6.Any incidents of animals biting persons must be immediately reported to the City’s
Director of Public Safety.
7.PETsMART, Inc., and A Caring Doctor (Minnesota), P.A., must comply with all
applicable state laws, regulations and City Ordinances.
Motion carried 4-1. (Rosenberg opposed)
Council Meeting Minutes-22-June 24, 1996
Item #18CONSIDERATION OF AWARD OF CONTRACTS FOR CONSTRUCTION
OF ADDITIONAL LOCKER ROOMS AT RICHFIELD ICE ARENA TO
UNITED CONTRACTING FOR GENERAL CONSTRUCTION IN AMOUNT
OF $211,200; LBP MECHANICAL, INC., FOR MECHANICAL
CONSTRUCTION IN AMOUNT OF $56,600; AND INDUSTRIAL ELECTRIC
COMPANY FOR ELECTRICAL CONSTRUCTION IN AMOUNT OF $16,300.
C.L. NO. 216
City Manager Prosser reviewed Council Letter No. 216 regarding the award of
contracts for general construction, mechanical construction, and electrical construction for
the Richfield Ice Arena locker room addition project.
M/Sandahl, S/Rosenberg to award the following contracts for the construction of
additional locker rooms at the Richfield Ice Arena:
x
United Contracting, 2817 Anthony Lane South, Suite 304, Minneapolis, MN 55418;
$211,200 for general construction, including the accessibility corridor.
x
LBP Mechanical Inc., 315 Royalston Avenue North, Minneapolis, MN 55405;
$56,600 for the mechanical construction.
x
Industrial Electric Company, 600 South Ninth Street, Minneapolis, MN 55404;
$16,300 for the electrical construction.
Motion carried 5-0.
Item #19PRESENTATION OF CITY OF RICHFIELD COMPREHENSIVE ANNUAL
FINANCIAL REPORT FOR FISCAL YEAR ENDED DECEMBER 31, 1995.
C.L. NO. 217
City Manager Prosser reviewed Council Letter No. 217 regarding the presentation
of the City of Richfield Comprehensive Annual Financial Report for the fiscal year ended
December 31, 1995 to the City Council.
M/Sandahl, S/Kirsch to accept the City of Richfield Comprehensive Annual
Financial Report for the fiscal year ended December 31, 1995.
Motion carried 5-0.
Council Meeting Minutes-23-June 24, 1996
Item #19ACONSIDERATION OF APPROVAL OF REQUEST FOR AN OFF STREET
PARKING PERMIT TO ALLOW CONSTRUCTION OF THE FOURTH
MUNICIPAL LIQUOR STORE. C.L. NO. 200
City Manager Prosser reviewed Council Letter No. 200 regarding the application of
the City’s municipal liquor operations for an off street parking permit for a municipal liquor
store at 7700 Lyndale Avenue.
M/Susag, S/Sandahl to approve the request for an off-street parking permit at 7700
Lyndale Avenue with the following stipulations:
1.That a stormwater management plan be approved by the Engineering Division.
2.That the Hearing Examiner grant setback variances for the property.
3.That a shared parking agreement be executed between the City and CSM to also
allow for cross access between the two properties.
Motion carried 4-1. (Priebe opposed)
Item #20AIRPORT STATUS REPORT
City Manager Prosser discussed the City’s position regarding the noise abatement
departure profiles (NADPs) currently used and being proposed at MSP International
Airport. He stated that staff believes the proposed change in the departure profiles should
not be implemented because it will increase the overall noise footprint.
Item #21LEGISLATIVE REPORT
No report.
Item #22COUNCIL DISCUSSION ITEMS
None.
Council Meeting Minutes-24-June 24, 1996
Item #23CLAIMS AND PAYROLL
M/Sandahl, S/Priebe that the following claims and payrolls be approved:
RICHFIELD BANK & TRUST CO.
Checks: 21172-21226; 59235-59547$998,966.65
FIRSTAR BANK
Checks: 9041-9044$415,256.20
Payroll: 92974-96339; 95996 - 96331$404,060.85
Motion carried 5-0.
ADJOURNMENT
The meeting was adjourned by unanimous consent at 11:16 p.m.
Date Approved:
Martin J. KirschMayor
Thomas P. FerberJames D. Prosser
City ClerkCity Manager