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11-24-1980CITY OF RICHFIELD Regular Meeting November 24, 1980 The city council of the City of Richfield met in regular session in the council chambers of the city hall on Monday, November 24, 1980 at 7:00 p.m. Mayor Priebe called the meeting to order at 7:07 p.m. Present: Bunce, Collins, Ludeman, Luettinger, Priebe Pastor Dennis Fischer, of Wooddale Baptist Church, gave the invocation. City Manager Karl Nollenberger led in the Pledge of Allegiance. 1. Minutes Motion by Luettinger, seconded by Bunce that the minutes of the November 10, 1980 city council meeting be apprave~l as presented. All ayes - Carried. ~ ~ ' 2. Appearance of Sheridan Park Neighbors to Discuss Ice Skating Rink Closure . . City Manager Nollenberger reviewed the list of rinks that were scheduled for closing this coming winter season, one of which was at Sheridan Park. He stated that the residents of the area had voiced opposition to this closing and wished ~ ~" to present their case this evening. . Mr. Dave Burris, 6445 Vincent, spoke in behalf of residents interested in keeping the Sheridan skating rink open this coming year and presented a petition signed by supporting residents. (C-9928) The following individuals also appeared in support of this request: Ted Gustafson, 6813 Vincent Mary Ann and Cindy. McDonald, 6435 Upton Steve White, 6300 Logan Robert Solhezm, 645 Vincent Monica Patton, 6335 Thomas Mayor Priebe respbnded to audience questions. Motion by Ludeman, seconded by Luettinger to provide an ice sheet at the Sheridan Park skating rink for 1980/81. All ayes - Carried. Council Meeting Minutes -2- November 24, 1980 3. Opportunity for Members of the Audience to Address City Council David Dahl, owner of Hub Dairy Queen, said he would like to put a new roof and siding on his structure and .asked about securing a permit. The city manager indicated he would prepare a response for the next council meeting. 4. A11ey Improvement Hearing City Manager Nollenberger introduced the public hearing to discu-ss the proposed alley improvement program. He indicated that all Richfield re°sidents whose property abuts an alley had been notified of this hearing. Michael Eastling, city engineer, reviewed the neighborhood meetings and responses to the questionnaire. He listed the three types of surfacing proposed - oil, asphalt and concrete. The assessments for the alleys will be borne by the benefited parties. Inasmuch as some alleys are constructed without abutting assessable property, the property owners would be assessed 1.13 times the cost of the cop.struction, or the city council can determine that the city would assume the costs of the difference. A large number of residents were in the audience and the following persons spoke regarding the proposed project: Adrian Blood, 6816 Washburn Avenue, presented a petition signed by residents of the 6800 block of Washburn and Xerxes, stating that existing alleys could be maintained with proper maintenance. (C-9929) Ted Gustafson, 6813 Vincent, spoke about Project 614, an early alley oiling project. The following individuals expressed their opinions regarding the alley project : George Tellgren, 6937 Upton Ed McCabe, 6916 Thomas Ron Gonyea, 6909 Queen Vern Miller; 6844 Queen Mike Doleman, 6824 Queen Council Meeting Minutes -3- Bruce Kleven, 7545 Blaisdell Gertrude Ulrich, 7601 Aldrich Warren Nilsson, 6816 Garfield Orvan Edmondson, 6621 Upton Milton Qua11, 6433 Girard Tom Snow, 7113-2nd Avenue Jis Lesney, 6836 Washburn Al McKenzie, 7340 Portland Steve Olson, 7220-22nd Avenue Duane Tollefson, 7216-3rd Avenue Robert Belkengren, 6624-3rd Avenue Jackie Hartnett, 6613 Russell Ken Perrizo, 7514 Nicollet Don Kretzmann, 65~3-13th Avenue Julius Wachter, 7313 Clinton Motion by Bunce, seconded by Ludeman to close the hearing. All ayes - Carried. November 24, 1980 Motion by Bunce, seconded by Ludeman to instruct the staff to provide a resolution determining alley policy for council review at the December 8,-1980 meeting. All ayes - Carried. Motion by Luettinger, seconded by Ludeman to authorize the staff to prepare a resolution authorizing work to begin on alleys in the Augsburg and Jefferson Park clusters. Poll of votes: Ayes - Collins, Ludeman, Luettinger. Nays - Priebe, Bunce. Carried. City Manager Nollenberger indicated that a four/fifths vote will be needed on the resolution requesting work in alleys in the Augsburg and Jefferson Park cluster, since no petition was received. Council recessed at 10:07 p.m, and reconvened at 10:20 p.m. 4. Preliminary PUD Plan, Special Use Permit, Street and A11ey Vacation,- Dis osition of Certain City-Owned Property, and Variance Request for Lake Shore Drive Cooperative Housing City Manager Nollenberger presented background information regarding the proposed multiple family planned unit development that has been proposed by the Council Meeting Minutes -4- ~ November 24, 1980 Richfield United Methodist Church and the Knutson Companies on Lake Shore .Drive. Community Development Director Dennis Kraft enumerated the items regarding this project that were being presented for city council consideration at this meeting. 1. Approval of a preliminary PUD.plan, zoning district change from "C-2", general commercial and."R", single family residential to."PMR", planned multiple family; - Z. Approval of a special use permit to allow multiple family dwellings; 3. Approval of a street and alley vacation; 4. A finding that the disposition of certain city-owned property is iri compliance with the comprehensive development plan; 5. A variance to increase the maximum. allowable floor area of 132,169.8 square feet to 217,937 square feet. Preliminary PUD Plan Mr, Kraft compared the requirements of the PUD ordinance and the group housing ordinance and the relationship of this multiple family project to the L/H/N redevelopment. He indicated that this proposal is in compliance with the Comprehensive Development Plan. .Special Use Permit Mr. Kraft recommended that the special-use permit fora multiple family use be granted as the proposal meets the conditions governing the issuance of special use permits. Street and Alley Vacation The proposed development requires that the city vacate the northerly 439 feet of Graham Avenue and the northerly 350 feet of the alley on Fairwood Shores. Disposition of City Owned Property The HRA and the City of Richfield own nine parcels of .property in the site ~ ~' i x for this designated development. These parcels and other parcels of property in Council Meeting Minutes -5- November 24, 1989 the proposed site are to be acquired by the HRA and sold to a private developer. The development of this site with high density multifamily use is in compliance with the Comprehensive Development Plan. Variance A variance has been requested to increase the maximum allowable floor space of 132,069.8 square feet to 217,937 square feet of the Lake Shore Drive Cooperative Living Center. Richard Blevins, 7539 Washburn, provided input from the Planning Commission and indicated the commission's consensus with the recommendations of the staff. Lawrence Wozniczka, 6744 Wentworth, asked how this action related to the developer's agreement and expressed his concern about disposition of city owned property. Don Lynch, 6617 Lake Shore Drive, spoke regarding the alley vacation, which he said, would limit access to his property. Joe Davis, 6639 Lake Shore Drive, said he would like to see the alley question settled now. Motion by Luettinger, seconded by Collins to close the hearing. A11 ayes - Carried. Motion by Ludeman, seconded by Luettinger to approve the preliminary PUD plan rezoning from "R",single family residential and "C-2",general commercial to "PMR", planned multi-family residential, subject to the following stipulations as listed in Gouncil Letter No. 396: 1. That the proposed residential pedestrian system and parking area be lighted in accordance with the L/H/N urban design element; 2. That the necessary variance be obtained by the developer; 3. That sufficient vehicle "drop-off" space be provided adjacent to the main entrance of the building; Council Meeting Minutes -b- November 24, 1980 4. That sufficient buffering be provided adjacent to the single family homes on Lake Shore Drive to reduce the impact of ground level activities of both the residents of the proposed cooperative and the single family residents. Bill 1980-30, "An Amendment to Appendix C of the Ordinance Code of the City of Richfield", was read and reviewed by Clayton LeFevere, City Attorney, the same being on file in the office of the city clerk. (C-9930) Motion by .Ludeman, seconded by Luettinger that this constitute a first reading of Bill 1980-30; that it be published in the official .newspaper and that second reading of this ordinance amendment be scheduled for December 8, 1980. - Poll of votes: Ayes - Bunce, Collins, Ludeman, Luettinger, Priebe. Nays - None. Carried. Motion by Ludeman, seconded by Luettinger to approve the. issuance of a special use permit for the erection of a multiple family unit. All ayes - Carried. Motion by Ludeman, seconded by Luettinger to approve a variance to increase the maximum allowable floor area of 132,Ob9.8 square feet to 217,938 square feet. All ayes - Carried. Bi11 1980-27, Transitory Ordinance No. 16.70, "A Transitory Ordinance Providing-for the Vacation of a Portion of Graham Avenue South", was read and reviewed by-City Attorney Clayton LeFevere, the same being on file in the office of the city clerk. (C-9931) Motion by: Ludeman, seconded by Luettinger that this constitute a first reading of Bi11 1980-27; that it be published in the official newspaper and that second reading of .this ordinance amendment be scheduled for December 8, 1980. Poll of votes: Ayes - Bunce, Collins, Ludeman, Luettinger, Priebe. Nays - None. Carried. Council Meeting Minutes -7- November 24, 1980 Bill 1980-28, Transitory Ordinance No. 16.71, "A Transitory Ordinance Providing for the Vacation of a Portion of the Alley on Fairwood Shores", was read~and reviewed by City Attorney Clayton LeFevere, the same being. on file in the office of the city clerk. (C-9932) Motion by Ludeman, seconded by Luettinger that this constitute a first reading of Bill 1980-28;«that it be published in the official newspaper and that second reading of this ordinance amendment be scheduled for December 8, 1980. Poll of votes: Ayes - Bunce, Collins, Ludeman, Luettinger, Priebe. Nays - None. Carried. . Motion by Ludeman, seconded by Luettinger 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. 6340 RESOLUTION RECEIVING ALLEY AND STREET VACATION PETITION AND CALLING FOR PUBLIC HEARING Poll of votes: Ayes - Bunce, Collins, Ludeman, Luettinger, Priebe. Nays - None. Carried. This resolution appears as Resolution No. 6340 in Resolution Book No. 45. Bill 1980-29, Transitory Ordinance No. 16.72, "A Transitory Ordinance Providing for the Disposition of Certain Real Property 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-9932) Motion by Ludeman,.seconded by Luettinger that this constitute a first reading of Bi11 1980-29; that it be published in the official newspaper and that second reading of this ordinance amendment be scheduled for December 8, 1980. Poll of votes: Ayes - Bunce, Collins, Ludeman, Luettinger, Priebe. Nays --None. Carried. Council Meeting Minutes -8- - ~- November 24, 1980 5. Ordinance Declaring a One-Year~Morato~rium on: Development on the Godfather Block. Second Reading. - - F- _ ~ - -- City Tanager Nollenberger presented a_Transitory-Ordinance calling f~.r a -~ one-year moratorium on development of,:the "Godfather Block" in the LfH~N~.-a~ea ~, 'r;~ .<.~_ for city council second reading corisid~eration'. -- - - - `"-°- Attorney Paul Thompson, 16228 Prior Lake; representing Gordon Strom, owner - = of two acres .in this area, said this moratoriurti of one_year,would.-cause a hardship pn.his client who has tenants that wish to expand, He asked that this ordinance be reworded regarding the-time limit on expansion. City Attorney Clayton LeFevere explained that the "one year" did not necessarily-mean it would take that long for the study of land use controls to be completed. Motion by Bunce, seconded by Ludeman to close the hearing. All ayes - Carried. Bill 1980-23, Transitory Ordinance No. 16.69, "An Ordinance Declaring a Moratorium on Certain Development Within an Area 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-9924) Motion by Bunce, seconded by Luettinger that this constitute a second reading of Bill 1980-23; that it be published in the official newspaper and that it be made a part of these minutes. Poll of votes: Ayes - Bunce, Collins, Ludeman, Luettinger, Priebe. Nays - None. Carried. The council suggested that the HRA be requested to move forward on this matter. Council Meeting Minutes -9- November 24, 1980 6. .Transitory Ordinance Relating to Easement Areas, Lyndale Hardware Developers Agreement. First Reading. City Manager Nollenberger presented a transitory ordinance providing for disposition of city owned property to ~he S & M Company. He indicated that the city council had previously approved~t~is sale through the adoption of Transitory Ordinance No. 16.6.6; however, the Registrar of Titles- of Hennepin County had requested that the description be modified to correctly align the projects where they share a common boundary along b6th Street, which has been done in this ordinance. Lawrence Wozniczka, 6744 Wentworth, asked for an explanation of the change of easements. .Bruce Palmborg, Housing and Redevelppment_Specialist, responded to Mr. Wozniczka's question. Motion by Ludeman, seconded by Collins to close the hearing. All ayes - Carried. Absent - Luettinger. Bill 1980-31, Transitory Ordinance No. 16.73, "A Transitory Ordinance Providing for the Disposition of Certain Real Property 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-9933) Motion by Ludeman, seconded by Collins that this constitute a first reading of Bill 1980-31; that it be published in the official newspaper and that second reading of this ordinance amendment be scheduled for December 8, 1981. Poll of votes: Ayes - Buuce, Collins, Ludeman, Priebe. Nays - None. Absent - Luettinger. 7. Resolution Approving Sale of Industrial Revenue Bonds for Lyndale Hardware City Manager Nollenberger presented.a resolution authorizing the sale of Industrial Revenue Bonds. for the S & M Company (Lyndale Hardware) for- city council Council Meeting Minutes -10- November 24, 1980 approval. He reviewed council action of last fall when they approved the concept of issuing industrial development revenue bonds for the improvement of Lyndale Hardware and indicated that council approval of this resolution would be the. _. fixial step in .process. Motion by ~,ua}nan, 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. 6339 ' RESOLUTION AUTHORIZING THE ISSUANCE AND SALE . OF INDUSTRIAL DEVELOPMENT REVENUE BONDS UNDER THE MIlVNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT TO FINANCE A PROJECT THEREUNDER SECURED BY A SECURITY IlVTEREST IN CERTAIN REVENUES AND PAYMENTS UNDER A LOAN AGREEMENT AND BY A MORTGAGE OF THE PROJECT, AND AUTHORIZING THE EXECUTION OF DOCUMENTS Poll of votes: Ayes - Bunce, Collins, Ludeman, Luettinger, Priebe. Nays - None. Absent - Luettinger. Carried. This resolution appears. as Resolution No. 6339 in Resolution Book No. 45. 8. Appearance by Representatives of Northern Cablesystem Concerning-Cable Television Matters City Manager Nollenberger introduced Attorney Gary Flakne, who was present to represent his client, Northern Cablesystems. He spoke about lobbying restrictions and intimated that Council Member Collins had voted for Minnesota Cablevision because of an association with their representative. Also representing Northern Cablesystems was Attorney Jim Erickson, who reviewed findings of the Southwest Cable Commission. Gertrude Ulrich, a representative of Minnesota Cablevision, responded to accusations of Mr. Flakne. Council Member Collins spoke on her own behalf. Council Meeting Minutes -11- November 24, 1980 The city manager also responded to accusations. George Tellgren, 6937 Upton Avenue, spoke in favor df the efforts of Council Member Collins and Mrs. Ulrich. William Craig, vice president of Minnesota Cablevision, spoke in behalf of his company and said he would be appearing at su'~sequent hearings. City Attorney LeFevere suggested the representatives avoid heightening the controversy. 9. Community Development Block Grant Program Hearing City Manager Nollenberger opened the public hearing to provide citizens with " information about the Community Development Block Grant Program. He said notices of the public hearing have appeared in the newspapers as required by law. The city council reviewed and discussed previous CDBG projects. Motion by Lud2man, seconded by Bunce to close the hearing and to request the staff to develop a preliminary CDBG application for council consideration at the December 8, 1980 council meeting. All ayes - Carried. 10. Ordinance Amendment Providing for Assessment of Maintenance Costs in the L/H/N Improvement District. Second Reading. City Manager Nollenberger presented the ordinance amendment providing for special assessment of current costs for city council second reading consideration. This ordinance provides that the cost of maintenance in the L/H/N improvement district will be borne by the benefited property owners. Motion by Bunce, seconded by Luettinger to close the hearing. All ayes - Carried. Bill 1980-24, "An Ordinance Amending the Ordinance Code of the City of Richfield by Adding a New Part IV, to Chapter XII Thereof, Providing for the Special Assessment of Costs of Certain Current Services", was read. and reviewed y Council Meeting Minutes -12- November 24, 1980 by-City Attorney Clayton LeFevere, the same being on file in the office of the city clerk. (C-9925) Motion by Ludeman, seconded by Bunce that this constitute a second reading of Bill 1980-24; that it be published i~ the official newspaper and that: it. be made a - - - -.. - part of these minutes.- Poll of votes: Ayes - Bunce, Collins, Ludeman, Luettinger, Priebe. Nays - None. Carried. 11. Resolution Establishing Water Rates and Changes City Manager Nollenberger reviewed the proposed changes in the water user fee structure and various charges related to water service customers. These changes, as listed in Council Letter No. 410, are as follows: 1. Increase the basic water user fee rate from 74/1,000 gallons to 80/1,000 gallons; 2. Increase the customer service charge to utility customers from $1.75 to $2.30; 3. Eliminate the minimum water user charge; 4. Revise the final meter reading charge of $10.00 from a final meter reading charge against the present customer to a service setup charge to a new customer. The city manager recommended that the city council adopt a resolution encompassing these changes. Motion by Ludeman, seconded by Bunce that the following resolution be adapted; that it be spread in the resolution book and that it be made a part of these minutes: RESOLUTION N0. 6343 RESOLUTION ESTABLISHING SANITARY SEWER SERVICE RATES AND CHARGES, WATER RATES AND CHARGES AND SPECIAL WATER SERVICES CHARGES Poll of votes: Ayes - Bunce, Collins, Ludeman, Luettinger, Priebe. Nays - None. Carried. This resolution appears as Resolution No. 6343 in Resolution Book No. 45. Council Meeting Minutes -13- ~ November 24, 1980 12. Review of Airport Issues of the Comprehensive Plan Motion by Bunce, seconded by Ludeman that this item be deferred. All ayes - Carried. 13. Review of Utiliti Motion by Bunce, seconded t.of the Comprehensive Plan by Ludeman that this item be deferred. All ayes - Carried. 14. Consent Agenda Motion by Ludeman, seconded by Luettinger that the following items be approved: A. Purchases in Excess .of $1,000 - Golf Course Trees - CL 402 Authorize an expenditure of $1,471.72 to Twin Cities Tree Trust for transportation and material costs incurred in the transplanting of trees at the golf course. B. Resolution Providing for Continuation of Tree Subsidy Fund - CL 401 RESOLUTION N0. 6341 RESOLUTION CONTINUING A GRANT-IN ATD PROGRAM FOR THE CITY OF RICHFIELD FOR THE YEAR 1981 C. Setting Date of Hearing for Liquor License Renewals - CL 405 Schedule a public hearing on December 22, 1980 to consider renewal of on-sale and Sunday liquor licenses for the Godfather, Inc., the Left Guard Corporation, dba Maximillians and ChiChi's and the Ground Round Restaurant. D. Release of Off-Street Parking Contract Bond - CL 400 RESOLUTION N0. 6342 RESOLUTION RELATING TO RELEASE OF BOND ON OFF-STREET PARKING Richard A. LaMettry 6904 Russell Avenue Location: Harriet Avenue & W. 78th Street Use: Auto Body Shop Council- Meeting Minutes -14- E. Payments and Estimates 1. E1 Mac Landscaping, CP 688, 95% complete, sod, seed and plant materials for golf course - $3,638.14 2. Barr-Nelson, Inc., CP 749, building. construction Adams Hi11, 10°!o complete, Estimate ~k1 - $15,876.2.2 - - - - - -- 3. Minnesota Valley Wholesale, CP 733, 1.00% complete - 225 trees, $18,168.75 4. ~ Evergreen Lawn Sprinkler, .Inc., CP 688 , 100% complete,. irrigation system of golf course - final - $7,793.23 F. Licenses New - Coin operated amusement machine, Rocket Cycle, 7120 Chicago New - Residential Kennel - Margaret McAdams., 6400-16th Avenue November 24, 1980 G. Claims and Payrolls RICHFIELD BANK & TRUST Checks 1594/49545 General Checks 66044/66311= Payroll $491,397.80 163,985.68 ~' SUMMIT-STATE BANK Checks 73300/63679 461,334.33 A11 ayes - Carried. 15. Adjournment Motion by Ludeman, seconded by Luettinger that-the meeting adjourn. A11 ayes - Carried. Time: 12:40 a.m. November 25, 1980. Date Approved:: ~ December . $, 1980 Sy a K. Bergh Acting City Jerk d J. Priebe Mayor ~~~~~ Karl Nollenberg~r City Manager .