Loading...
07-14-1980 CITY OF RICHFIELD Regular Meeting July 14, 1980 The City Council of the City of Richfield met in regular session in the Council Chambers of the City Hall on Monday, July 14, 1980, at 7:00 p.m. Rev. Theodore Johns of Richfield Lutheran Church gave the invocation. City Manager Karl Nollenberger led in the Pledge of ,Allegiance. The meeting was called to order by Mayor Donald Priebe at 7:05 p.m. Present: Bunce, Collins, Ludeman, Luettinger, Priebe 1. Minutes Motion by Luettinger, seconded by Bunce to approve the minutes of the regularly scheduled meeting of June 23, 1980 and the special council meeting of July 2, 1980. All ayes - Carried. 2. Oppurtunity for Members of the Public to Address the City Council Bob Milroy, citizen of Richfield, addressed the council on behalf of the Minnesota Cycle Club. He said they are interested in a piece of land, approximately one acre in area, to build a track for racing BMX bikes. The council asked about insurance coverage. Mr. Milroy said insurance was available from their group on competition days for sanctioned races. Betty Carr, 6633 Lynwood Boulevard, spoke to request the council to petition 1 the City of Edina for a sidewalk in front of Perkins restaurant. She noted that sidewalks are in front of the other commercial establishments in the Richfield section, but none where it becomes Edina. The council said Edina would be contacted regarding installing sidewalks. Richard Blevins, 7539 Washburn, spoke regarding Cable TV indicating that he felt Minnesota Cablevision was offering a better system. Cou~icii sleeting :;inutes -2- July 14, 190 Gordon McKinnon, 7308 Upton Avenue, said he spoke to the council in early June about the noisy warning siren, and asked Mr. Morgan to test it. He said it tested out satisfactorily but it still is too loud to be in a neighborhood area and requested that it be moved into a park area. 3. Request for Variance to the Zoning Ordinance, 7244 Garfield Avenue City Manager Karl Nollenberger reviewed the application of Reynold N. Andes, 7244 Garfield, for a variance to reduce the required 3 foot fence setback from public right-of-way to 0 feet. This variance would allow the applicant to construct a 6 foot fence on his south property line. The city manager advised that the staff had recommended denial and the Planning Commission had recommended approval of this variance request. sir. Anders, 7244 Garfield, spoke on his own behalf. Motion by Bunce, seconded by Luettinger to close the hearing. All ayes - Carried. Motion by Bunce, seconded by Luettinger to grant the variance, subject to the stipulation that, if a sidewalk is constructed sometime in the future and the fence interferes, the property owner will pay for the removal of the fence and that damage to the fence due to sidewalk clearing will not be the responsibility of the city. All ayes - Carried. .. y 4. Request for Special Use Permit, Variances and Off-Street Parking Permit to Allow Construction of a Three Stor Six Unit Condominium 6945 Penn Avenue City Manager Karl Nollenberger reviewed the application of James R. tidadsworth, representing Colonial Properties, for a special use permit and a variance to allow the construction of a three story, six unit condominium and a six stall garage at 6945 Penn Avenue. A special use permit is necessary because multi-famil~~ dwellings of more than two units are allowed in "~1R"multi-family residential districts only with a special use permit. The variance request is to reduce Council Meeting Minutes -3- July 14, 1980 the required front yard setback of 30 feet to a proposed setback of 22 feet. Community Development Director Dennis Kraft presented sketches of the proposed structure and responded to city council questions. He indicated that the applicant had received city council approval for a special use permit and four variances to permit construction of a six unit multi-family structure and a six stall garage. in January of 1978, and in December.of 1978 the city council approved a request for an extension of the special use application to allow the property owner an additional year. Because the development did not occur within the required time period, the applicant must again apply for a special use permit, however, the four variances granted in 1978 remain with the property. Mr. Kraft reviewed additional variances recommended by the staff, as outlined in Council Letter No. 234. Mr. James Wadsworth, representing Colonial Properties, spoke in behalf of his proposal and answered varied council questions. Motion by Ludeman, seconded by Collins to close the hearing. All ayes - Carried. Motion by Ludeman, seconded by Collins to grant the special use permit to allow construction of a three story, six unit, multi-family dwelling subject to the following stipulations: 1. The necessary variances be obtained. ~. d 2. 'I`h.e proposed elevations of the site be approved by the city engineer to insure proper drainage on the site and surrounding properties. All ayes - Carried. Motion by Ludeman, seconded by Collins to approve the following variances: 1. To reduce the required front yard setback of 30 feet to the proposed front yard setback of 22 feet. Council Meeting Minutes -4- July 14, 1980 2. To increase the maximum allowable gross floor area of the structure from 20% of the total development site to 48% of _ the total development site. 3. To decrease the required parking lot setbacks from a property line of 10 feet, to 4 feet along the east property line and 3 feet along the north property line. A11 ayes - Carried. Motion by Ludeman, seconded by Collins that the following resolution be adopted; that it be spread in the resolution book and that it be made a part of these minutes: RESOLUTION N0. 6256 RESOLUTION APPROVING LAYOUT AND CONTRACT FOR OFF-STREET PARKING IN ACCORDANCE WITH APPLICATION N0. 80-5, CONTRACT N0. 2324 Colonial Properties 4532 France Avenue South Minneapolis, MN 55410 Location: 6945 Penn Avenue South Use: 3 Story, 6-Unit Condominium 6-Stall Garage Po11 of votes-: Ayes - Collins, Luettinger, Bunce, Ludeman, Priebe. Nays - None. Carried. This resolution appears as Resolution No. 6256 in Resolution Book No. 45. 5. Public Hearing Concerning for the Corporate Travel Office of Industrial Development t at t 76th Street City Manager Karl Nollenberger introduced the public hearing to consider the issuance of Industrial Development Revenue Bonds for the Corporate Travel Office Development at 1400 West 76th Street. The city manager reviewed council actions of May 12, 1980 when it approved a height variance and an off-street parking permit for a proposed six story office building. The council also issued the following stipulations to these actions: 1. A two-way access road be provided to 78th Street. 2. A signalized semaphor should be installed at the 76th Street entrance. 1 LJ Council Meeting Minutes -5- July 14, 1980 3. Off-street parking spaces for 365 cars should be provided. 4. Appropriate signage should be installed in the parking area to encourage usage of the 78th Street exist. Mr. Chuck Erickson, of Corporate Travel, brought a scale model of the 1 proposed development and explained in detail the development plans. Mr. Erickson requested council consideration for modification of the stipulations relating to the number of parking spaces required and the installation of a semaphore at the 76th Street entrance. He requested a reduction in the number of required parking spaces from 365 to 327 spaces and said he would provide the city with a five-year performance bond which, if the additional parking stalls are necessary, could be called to install the additional parking spaces. In regard to the semaphore installation, Mr. Erickson indicated he would like to contribute $50,000 toward the installation and have the city be responsible for any costs over that amount, as well as installation of the signal. Lawrence Wozniczka, 6744 Wentworth, stated he was surprised at the changes in the contract not being revealed to neighbors, that he was desirous of covering inflationary costs, and he also would like to see sidewalks installed on both sides of 76th Street. Mr. Nollenberger responded to Mr. Wozniczka's remarks. Motion by Ludeman, seconded by Bunce to close the hearing. A11 ayes - Carried. Motion by Bunce, seconded by Collins that the off-street parking contract be reduced to 327 spaces and that the developer provide the city with a five year performance bond in an amount sufficient to construct 38 additional off-street parlcing spaces to city standards if they are deemed necessary by the city. All ayes - Carried. Council Meeting Minutes -6- July 14, 1980 Motion by Bunce, seconded by Collins to accept the developer's contribution of $50,000 toward the installation of a traffic signal at the 76th Street entrance to the site with the. city responsible for installation of the signal. Poll of votes: Ayes - Collins, Bunce, Ludeman, Priebe. Nays - Luettinger. Carried. Councilman Luetttinger stated he voted "no" because he felt the obligation for a semaphore should be totally boxne by the developer. - Motion by Ludeman, seconded by Collins that the following resolution be adopted; that it be spread in the resolution book and that it be made a part of these minutes: RESOLUTION N0. 6258 RESOLUTION DETERMINING TO PROCEED WITH A PROJECT AND ITS FINANCING UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT; REFERRING THE PROPOSAL TO THE COMMISSIONER OF SECURITIES FOR APPROVAL; AND AUTHORIZING PREPARATION OF NECESSARY DOCUMENTS Poll of votes: Ayes - Collins, Luettinger, Bunce,.Ludeman, Priebe. Nays - None. Carried. This resolution appears as Resolution No. 6258 in Resolution Book No. 45. 6. Reque_s_t__for Rezoning, Richfield State Agency City Manager Karl Nollenberger presented the request of Richfield State Agency to have their pending PUD Rezoning reques~+ be amended to rezone 5 lots from R single family residential to C-2 general commercial. If these 5 lots are rezoned, they will be used to expand the existing parking lot to help alleviate an existing parking shortage during peak Richfield Bank & Trust business hours. The parking lot would be developed in phases with the three lots which are currently vacant being developed immediately. The remaining two lots would be developed when the homes are removed. Richfield State Agency has an option to buy one of these residences when the occupant finds alternative housing, and already owns the other residence. 1 Council Meeting Minutes -7- July 14, 1980 Community Development Director Dennis Kraft presented sketches of this proposed rezoning. He recommended that the city council grant the rezoning request with the knowledge that an off-street parking contract will be con- sidered in the future. Carl McBride, president of Richfield State Agency, spoke regarding their parking concerns and of the need of his agency to expand: Grace Lund, 6721 Harriet, expressed her concern for preserving the trees.. Lawrence Wozniczka, 6744 Wentworth, posed questions on the documentation on off-street parking. Motion by Ludeman, seconded by Bunce to close the hearing. All ayes - Carried. Bill 1980-16, "An Amendment to Appendix C of the Ordinance Code of the City of Richfield, Minnesota", relating to the defining of boundaries of the various zoning districts of the city, was read and reviewed by City Attorney Clayton LeFevere, the same being on file in the office of the city clerk. (C-9915) Motion by Luettinger, seconded by Collins that this constitute a first reading of Bi11 1980-16; that it be published in the official newspaper and that second reading of this ordinance amendment be scheduled for August 11, 1980. Poll of votes: Ayes - Collins, Luettinger, Bunch, Ludeman, Priebe. Nays - None. Carried. 7. License Renewal Request, Tip Top Car Wash, 6601 Bloomington Avenue City Manager Karl Nollenberger presented the license renewal request for Tip-Top Car'.~Wash, 6601 Bloomington. He advised the city council that after their original denial of this license, on June 23, 1980, the owner, David S. Colehour, through his attorney, had obtained a temporary restraining order which prevented the city from taking any action to close the business. Mr. Nollenberger asked the public safety director to apprise the council of recent developments. Council Meeting Minutes -8- July 14, 1980 Public Safety Director Tom Morgan reviewed the action taken by the court. He indicated that their action was to assure that the applicant could retain legal counsel and could have an opportunity to comply with concerns of the city. A hearing on the temporary restraining order is scheduled in District Court for July 15, 1980 and the city and the applicant must appear. Richard H. Speeter, attorney for J & L Investment Company, the Tip-Top Car Wash, spoke on behalf of his client. He responded to the ten complaint items listed in the letter from the public safety director and said his client was endeavoring to comply with them by correcting the existing problems. Several residents from the area expressed their opposition to the Tip-Top Car Wash operation. Henry Thurnau, 6701 Bloomington, spoke of the noise created by the car wash and the trash littered in the area. He said he would like to see the operation closed at night. Bob Doherty, 6626 - loth Avenue, said he felt this was the wrong kind of business to have in a residential area. Mr. Colehour showed the council architectural plans he has for remodeling the car wash in the near future. Marty Kirsch, 6725 Penn Avenue, said he worries about noise levels to neighbors even after remodeling. Tom LaFrance, 6532 - 16th Avenue, read a letter from his brother, John, who owns the residence abutting the car wash at 6621 Bloomington (C-9916). John LaFrance indicated that the car wash has created a problem for fifteen years. Motion by Luettinger, seconded by Collins to deny the license renewal. Poll of votes: Ayes - Luettinger, Collins. Nays - Ludeman, Bunce, Priebe. 1 Motion failed. Council Meeting Minutes -9- July 14, 1980 Councilman Bunce qualified his vote for renewal by saying that he whole- heartedly supports the free enterprise system. Council discussion followed. Mayor Priebe stated he was desirous of an irrevocable commitment from Mr. Colehour for his remodeling proposal by' January 1, 1981. Motion by Bunce, seconded by Ludeman to grant a 1ic~nse renewal to the Tip Top Car Wash subject to the following stipulations: ' a. Automatic shut-offs for both water and power be installed; b. The premises be maintained in a clean condition; c. The required barrier be installed around the trash dumpster; d. A11 conditions set forth in the existing ordinance code be observed; e. The council shall keep abreast of remodeling progress by Mr. Colehour. Poll of votes: Ayes - Ludeman, Bunce, Priebe. Nays - Collins, Luettinger. Carried. Councilman Luettinger expressed a desire to have the ordinance amended. Motion by Luettinger, seconded by Priebe to request the city attorney to draft an amendment to the city ordinance relating to unattended car washes bordering residential areas and to stipulate thaq they close at 10:00 p.m. e A11 ayes - Carried. 8. Transitory Ordinance Providing for Expenditure of Monies from the Special Revenue Fund for Certain Park Improvements. Second Reading. City Manager Karl Nollenberger advised the city council that transfer of these special revenue funds would be utilized to begin the neighborhood park planning process for Monroe-Fairwood Park. Motion by Collins, seconded by Luettinger to close the hearing. All ayes - Carried. Council Meeting Minutes -10- July 14, 1980 Bill 1980-14, Transitory Ordinance No. 16.65, "An Ordinance Providing for the Expenditure of Money from the Special Revenue Fund for Certain Capital Improvements" was read and reviewed by City Attorney Clayton LeFevere, the same being on file in the office of the city clerk. (C-9913) Motion by Collins, seconded by Bunce that this constitute a second reading of Bi11 1980-14; that it be published in the official newspaper and that it be made a part of these minutes. Poll of votes: Ayes - Collins, Luettinger, Bunce, Ludeman, Priebe. Nays - None. Carried. The city manager noted that a contract for consultant services will come back to the council before actual park planning begins. Analysis of the role of the consultant will-take place before that time. 9. Ordinance Amendment Relating to Moving of Buildings. Second Reading. City Manager Karl Nollenberger recommended the city council give second reading approval to the ordinance amendment relating to .moving of buildings which incorporates the new state licensing and bonding requirements into the Richfield ordinance. Motion by Ludeman, seconded by Luettinger to close the hearing. All ayes - Carried. Motion by Ludeman, seconded by Collins to amend the ordinance on second reading to update the titles of city staff members. All ayes - Carried.° Absent - Luettinger. ' Bill 1980-15, "An Amendment to Chapter IV, .Section 4.07 of the Richfield Ordinance Code Relating to the Moving of Buildings", was read and reviewed by City Attorney Clayton LeFevere, the same being on file in the office of the city clerk. (C-9914) Council Meeting Minutes -11- July 14, 1980 Motion by Ludeman, seconded by Bunce that this constitute a second reading of Bill 1980-15; that it be published in the official newspaper and that it be made a part of these minutes. Poll of votes: Ayes - Collins, Bunce, Ludeman, Priebe. Nays - None. Absent - Luettinger. Carried. 10. Public Hearing on CP 705A and Resolution Ordering Project CP 705A City Manager Karl Nollenberger .introduced the public hearing relating to City Project 705A. This project covers construction of 66th Street from Lake Shore Drive to I-35 in the L/H/N improvement program. In 1976 the city council authorized improvements within the L/H/N area, which included all areas which are presently planned for the L/H/N except for construction of this area. The inclusion of that section of 66th Street between Lake Shore Drive and I-35 has never been formally acted upon by the city council as far as the special assessment district improvements are concerned. The city manager indicated .that the vast majority .of improvements will be paid for by county and municipal state aid funds, however, a small portion of the costs will have to be paid from the entire- L/H/N financing. Lawrence Wozniczka, 6744 Wentworth, said he felt uneasy about high fees involved, that the changes proposed are costly aid that the repayment schedule is sketchy. He urged the council and staff to take time to research lower cost alternatives. Mr. Wozniczka thanked the city manager for meeting with him recently. Motion by Ludeman, seconded by Collins to close the hearing. All ayes - Carried. Motion by Ludeman, seconded by Luettinger that the fallowing resolution be adopted; that it be spread in the resolution book and that it be made a part of these minutes: Council Meeting Minutes -12- July 14, 1980 RESOLUTION NO. 6259 - RESOLUTION ORDERING CITY PROJECT 705A Book No. 45. Poll of votes: Ayes - Collins, Luettinger, Bunce, Ludeman, Priebe. Nays - None. Carried. This resolution appears as Resolution No. 6259 in Resolution 11. Resolution Ordering Special Assessment Roll - CP 705, L/H/N Area Improvement Project City Manager Karl Nollenberger advised the city council that the estimated total cost of the•CP 705 will be $9,480,818, of which approximately $2,111;000 will be specially assessed for these improvements. He recommended that the city council adopt the appropriate resolution ordering preparation of the assessment roll for CP 705. Motion by Luettinger, seconded by Collins that the following resolution be adopted; that it be spread in the resolution book and that it be made a part of these minutes: RESOLUTION N0. 6260 RESOLUTION-DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ROLL FOR CITY PROJECT N0. 705 Poll of votes: Ayes - Collins, Luettinger, Bunce, Ludeman, Priebe. Nays - None. Carried. This resolution appears as Resolution No. 6260 in Resolution Book No. 45. ~. Bob Blumberg, representing Zimmerman Realty, asked if July 28, 1980 was the time to appear and question the assessment rolls. He was advised by the city manager that the special hearing on the assessment roll will be August 25, 1980. 12. Traffic Control Requests Tom Lee, 7634 Morgan, and Lester Carlson, 7508 Morgan, spoke in favor of installing a stop sign on 76th Street at Morgan Avenue. I Ii ~J ~'-- Council Meeting Minutes -13- July 14, 1980 Motion by Luettinger, seconded by Collins to defer consideration of this item. Poll of votes: Ayes - Collins, Luettinger, Priebe. Nays - Bunce, Ludeman. Motion by Luettinger, seconded by Collins to defer consideration of the balance of the traffic control requests. All ayes - Carried. 13. Discussion of Field Facilities Expansion at Metropolitan International Airport Motion by Luettinger, seconded by Collins that this item be deferred. All ayes - Carried. 14. Consent Calendar Motion by Luettinger, seconded by Collins that the following items be r~ i approved: A. Resolution Approving, Off-Street Parking Permit, Harriet Avenue and West 78th Street, (Council Letter No. 237) RESOLUTION N0. 6261 RESOLUTION APPROVING LAYOUT AND CONTRACT FOR OFF-STREET PARKING IN ACCORDANCE WITH APPLICATION N0. 80-4, CONTRACT N0. 2323 Richard A. LaMettry 6904 Russell Avenue, Richfield Location: Harriet Avenue & West 78th Street Use: Auto Body Shop y B. Bid Tabulations, Minutes and Award of Contract, Fire Pumping Engine (Council Letter No. 240) Award the contract for a new fire pumping engine to low bidder, Mid-Central Fire and Safety Company - amount $120,485, with the option of $2,500 discount, reducing total cost to $117,985. C. Request for Temporary "No Parking" Signs (Council Letter No. 246) [] Approve erection of temporary "No Parking" signs on the east side of Humboldt Avenue, 72nd Street to 76th Street, during the Council Meeting Minutes -14- July 14, 1980 State American Legion Baseball tournament August 8-11, 1980. D. Purchase in Excess of $1,000 (Council Letter No. 246) Purchase of brochure paper from Turnquist Paper Co. in the amount of $2,148.48. E. Bids, Minutes, and Award of Contract, Recorder for Public Safety Department (Council Letter No. 242) Award bid for audio recorder to Dictaphone Corporation in the amount of $12,189.80. ~ ' F. Amendment to Final Development Plan and Special Use Permit for Coach Homes of Richfield Lake Development (Council Letter No. 236) Amend the "Coach Homes of Richfield Lake" final development plan and special use permit to allow proposed changes in garage location. G. Payments and Estimates 1. Superior 77, Inc., CP 737, Interior Remodeling of Lyndale Store, Estimate ~~1, $15,868.53 2. Allied Blacktop Company, Contract No. 7520, Estimate ~~1, final 100% complete, Sealcoating Area No. 1, $52,727.63 3. Allied Blacktop Company, Contract No. 7521, Estimate ~~1, final 100% complete, Sealcoating Area No. 2, $55,369.94 4. E1 Mac Landscaping, Inc., CP 688, 88.5% complete, Estimate ~~5, Seed, sod and plant material, golf course, $5,585.26 H. Licenses 'L~.... T.T...; .,...7 .. Church of the Assumption, 305 E. 77th Street - Two days August 16-17, 1980, Raffle, tipboard, bingo 8/16 - 9:00 a.m.-10:00 p.m., 8/17, 11:30 a.m. - 6:00 p.m. Street Barricades Catherine Blanch, 7300 Russell, Russell Avenue between 73rd and 74th Streets, July 26, 3:00 p.m. to midnight Ralph Ammann, 7009 Upton, Upton Avenue between 70th and 70 1/2 Street, July 19, 6:30 p.m. to midnight gambling 1 1 Council Meeting Minutes -15- Licenses (Continued) Regular Renewal Wally's Lit Wagon, 6637 Xerxes New Richfield High School Marching Band 7001 Harriet I. Claims and Payrolls RICHFIELD BANK & TRUST Checks 59429/63653 Payroll Checks 1246/47371 General SUMMIT STATE BANK Checks 55099/63657 A11 ayes - Carried. July 14, 1980 Wagon Peddler Wagon Peddler $ 196,390.58 1,018,210.29 $1,293,968.70 15. Status Report on Ethnic Festivals (Not on Agenda) Mary Jane Samples, 7001 Sheridan, representing the Human Rights Commission, reported funding had been difficult to find in that the original requests had not proven successful for the Ethnic Festivals proposed for August 1, and 2. The council questioned moving ahead at this late date without funding commitments. Motion by Bunce, seconded by Luettinger to discontinue planning this event for 1980 and request the Human Rights Commission to organize this event for 1981. A11 ayes - Carried. 16. City Manager's Salary (Not on Agenda) Motion by Luettinger, seconded by Collins that the following resolution be adopted; that it be spread in the resolution book and that it be made a part of these minutes: Council Meeting Minutes ~ -16- July 14, 1980 RESOLUTION N0. b257 RESOLUTION ESTABLISHING 1980 COMPENSATION FOR CITX MANAGER Poll of votes: Ayes - Collins, Luettinger, Bunce, Ludeman, Priebe. Nays - None. Carried. This resolution appears as Resolution No. 6257 in Resolution Book No. 45. 17 . Ad i ourninent Motion by Ludeman, seconded by Luefitinger that the meeting adjourn. All ayes - Carried. Time: 12:05 a.m., July 15, '""'" Date Approved: July 28, 1980 Sy a K. Bergh Acting Ci Cler .~ ~~ ~V~~ Karl Nollenberg r City Manager