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04-13-1981CITY OF RICHFIELD ~ ~~ Council Meeting April 13, 1981 The City Council of the City of Richfield met i:n regular session in the council chambers of the City Hall on Monday,. April 13, 1981, at 7:00 p.m. The meeting was called to order by Mayor Donald J. Priebe. Present: Bunce, Collins, Mayor Priebe Absent: Hassenstab, Ludeman Councilmember Hassenstab was out of town on business, while Councilmember Ludeman was out of town on vacation. Six Camp Fire Adventure girls presented the colors and led in the Pledge of Allegiance. 1. Minutes Motion by Collins, seconded by Bunce that the minutes of the .regular meeting of March 23, and the joint school board/city council meeting of March 30, 1981, be approved as presented. All ayes - Carried. Absent - Hassenstab, Ludeman. 2. Effect of Governor's Proposed Budget on the_ City of_Richfield City Manager Nollenberger summarized the impact of Governor Quie's budget proposals, as it would relate- to the City of Richfield, both in terms of level of services and property tax increases. 3. Opportunity for Members of the Audience to Address the City Council Mrs. Fay Alvarez, 6605 First Avenue, owner of a beauty shop in her home, stated her desire to employ another person in her shop. The city manager and city attorney explained the ordinance as it relates to Home Occupation. Mrs. Alvarez-said she will make application to the Planning Commission. 4. Request for Special Use Permit and Variance to Construct Storage Buildings at 7720 Pillsbury Avenue City Manager Nollenberger reviewed the request of PuUlic Storage Inc., represented by Eric Holst,for a special use permit to allow one residential unit Council Meeting Minutes -2- : April 13, 1981 in an "I" industrial zoning district; and for variances to reduce the required side street sideyard setback of 40 feet to 25 feet, and to reduce the required 25 feet rear yard setback to 5 feet. The applicant is proposing to build six buildings to be used for rental storage-space that would be offered to the general public, in addition to a manager's office and living quarters. The city manager reviewed the stipulations recommended by the staff and planning commission, as outlined in-Council Letter No. 113. Eric Holst, representing Public Storage, Inc., appeared in support of his request, and spoke on his firm's behalf. He requested that the council not impose the stipulation relating to sprinklering. Public Safety Director. Tom Morgan responded to questions regarding the require- ment of sprinklers in this project. He said the city, has no control over what is stored in these warehouses and it could be a fire hazard. Motion by Collins, seconded by Bunce to close .the. hearing. Ail ayes - Carried. Absent.- Hassenstab, Ludeman. Motion by Bunce, seconded by Collins to approve the special use permit request, subject to the following stipulations, as outlined in Council Letter No. 113: 1. That the applicant enter into and execute an off-street parking contract. 2. That the residential use terminate if the principal use changes or terminates. 3. That the occupancy of the residence be limited to the site manager/guard and his/her immediate family. 4. That the building be sprinklered, consistent-with the recommendation of the Richfield Public Safety Department. 5. That the side street sideyard setback match the setback of the city garage north of their property along Pillsbury Avenue, which is 30 feet. All ayes - Carried. Absent - Hassenstab, Ludeman. 1 Council Meeting Minutes -3- April 13, 1981 Motion by Bunce, 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. 6409 RESOLUTION APPROVING LAYOUT AND CONTRACT FOR OFF-STREET PARKING IN ACCORDANCE WITH APPLICATION N0: 81-3, CONTRACT N0. 233 Name: Eric A. Holst Address: 94 S. Los Robles Avenue Suite 22 Pasadena, CA 91101 Location: 7720 Pillsbury Avenue Use: Rental Storage Units Poll of votes: Ayes - Bunce, Collins, Priebe. Nays - None. Absent - Hassenstab, Ludeman. Carried. This resolution appears as Resolution No. 6409 in Resolution Book No. 46. 5. Request for Subdivision and Variance to Create Two Lots, 7515 Wentworth Avenue City Manager Nollenberger presented the request of Mary Jacobsen to resubdivide her property into two lots, one 89 feet wide and one 60 feet wide. He said that the proposal meets all subdivision requirements except the requirement of a 75 foot minimum Iot width and that the staff had recommended granting-the variance subject to the stipulations, as listed in Council Letter No. 112. Dennis McGraw, representing the applicant, spoke on behalf of this request. Motion by Bunce, seconded by Collins to close the hearing. All ayes - Carried. Absent - Hassenstab, Ludeman. Motion by Collins, seconded by Bunce to approve a variance to the subdivision minimum lot width requirement to allow a 60 foot wide lot, with the following stipulation: If the submitted survey is incorrect; the variance requested allow a 59.85 foot lot, in order to maintain the required five foot side- yard setback of the existing house and garage. A11 ayes - Carried. Council Meeting Minutes -4- April 18, 1981 Motion by Collins, seconded by Bunce 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. 6410 RESOLUTION APPROVING OF A RESUBDIVISION OF LOTS 15 AND 16 BLOCK 7~, NICOLLET VIEW GARDENS (7515 Wentworth Avenue) Po11 of votes: Ayes - Bunce, Collins, Priebe. Nays --None. Absent - Hassenstab, Ludeman. Carried. This resolution appears as Resolution No. 647.0 in Resolution Book No. 46. ' 6. Request for Rezoning, 7001 Third Avenue to Convert Dwelling Into-Duplex City Manager Nollenberger presented the request of Alfred E. Roske to have his property at 7001 Third Avenue rezoned from "R" to single family residential. The applicant has requested this rezoning to enable him to_convert his single family dwelling to a two family duplex. The city manager indicated that the staff and planning commission had recommended approval of this rezoning appli- cation, subject to the stipulation that the rezoning is to allow a two family use only. Alfred E. Roske, the applicant, spoke on behalf of his request and indicated that he intends to continue living in the duplex. He indicated no concern if the property were zoned duplex in the future when that type of zoning became available. Motion by Bunce, seconded by Collins to close the hearing. All ayes - Carried. Absent - Hassenstab, Ludeman. Motion by Collins, seconded by Bunce to approve the rezoning, subject to the stipulation that the property be utilized for a two family duplex. ~~ I , u All ayes - Carried. Absent - Hassenstab, Ludeman. Council Meeting Minutes -5- ~ April 1°3, 1981 Bill 1981-7, "An Amendment to Appendix C of the Ordinance Code of the City of Richfield, Minnesota", was read~and reviewed by city attorney Clayton LeFevere, the same being on file in the office of the city clerk. (C-99.65) Motion by Collins, seconded by Bunce that this constitute a first reading of Bill 1981-7; that it be published in the official newspaper and that second reading of this ordinance amendment be scheduled for May 11., 1981. Poll of votes: Ayes - Bunce, Collins, Priebe. Nays - None. Absent - Hassenstab, Ludeman. Carried. 7. Request for Special Use Permit to Construct a day Care Center ,. 609 W. 74th Street City Manager Nollenberger reviewed the request of Priscilla Williams and Jerry Kamps, of Especially for Children, Inc., for a special°use permit to allow the operation of a day care center at 609 W. 74th Street. He noted that the affected neighbors had been notified of this proposed special use. Community Development Director Dennis Kraft presented plans of the proposed development which would entail the removal of two existing buildings on the property and the construction of a 5,476 square foot, one level structure with 16 off-street parking spaces, He said the building will be constructed of wood and masonite siding with a privacy fence. The applicants, Priscilla Williams and Jerry Kamps, spoke on their project's behalf and showed a drawing of their day care center. They provided specific information to the council and audience and answered questions. Thomas Price, 7421 Lyndale, who owns a mobile home park situated on property south of the property proposed site, said he was not against children, bud he did not want a fenced play area five feet from his trailers. He said this would be too large a complex and a poor tax base. He presented a petition (C-9966) expressing opposition to the day care center. Lori Debing, 7425 Humboldt, said she has lived in the area for 24 years and was in favor of the center. Council Meeting Minutes ,-6- :-April 13, 1981 William Belford, 7344 Garfield, said he works nights, sleeps days and would be opposed to a day care center. Woody Duvlea, 7345 Lyndale, expressed concern for additional traffic in-the area. Francis Belford, 7344 Garfield, said. she knows of the Especially for Children facility on 41st and Lyndale in Minneapolis and was interested in terms of how the square footage of that facility-would compare to-the proposed facility. Sue Sandahl, 7601 Bryant, who has two pre-school children in day care, said there is a need for this type of care in Richfield, especially for infants and toddlers.. Clyde Hinschliffe, 7339 Garfield, said traffic. is so heavy on 74th--and Lyndale he has "bumpers on his trees". He asked if the center sponsors pot luck suppers. He was informed that the center has four dinners a year. Myrtle Schmidt, 7025 Portland, representing the League of Women Voters, spoke in favor of the day care. center.. She quoted a study conducted by the League in which it was determined that nation wide, 50% of the families are single parent families; that present day economics compel women to work; and that young families should be encouraged to live in Richfield. Jeri Tomsich, 7338 Garfield, expressed her objection to the traffic noise that could be generated by this development. Emily Day, 7340 Clinton, a teacher of toddlers at Richfield Lutheran Church, said she was in favor of the center. John Bork, 7345 Garfield, said he has lived in Richfield for thirteen. years, and that 96 petitioners should be listened to. Rev. Robert Riley, 7233 Queen, addressed Attorney LeFevere's legal briefing regarding state law. He said having around 100 children in one place was an unusual situation. He also said he could see future expense for the city as a Council Meeting Minutes -7- - .April 13, 1981 result of heavy traffic. Ruth Willyes, director of Especially for Children school at 4100 Lyndale Avenue, spoke in favor of the center. She said no complaints had been received from abutting. property owners and that parents drop and pick up children at different times so there is no unusual traffic congestion. Wendell Treichel, 7060 Oak Grove Boulevard, stated that the center would be an incompatible use for a residential area. Marian Duvlea, 7345 Lyndale, said she was employed by NOISE and-that airplanes contributed enough noise in Richfield without adding more detrimental influences. Soris Treichel, 7060 Oak Grove Boulevard, said a person considers his home has castle and that she did noe want a day care center built next to~her. She felt that "sixplexes" would bring in more tax revenue. Richard Blevins, 7539 Washburn, reported that the decision on this special use permit was not an unanimous one by the planning commission. Sue BerZelius, 7529 Colfax, told of only having home day care centers to choose from previously and that she felt it was necessary to have other alternatives in day care. Carol Hoikkala, 7120 13th Avenue, spoke on behalf of the Metro Pro-Family Forum. She was opposed to the center and said that existing centers are not filled now. Helen Watkins, a staff member of Greater Minneapolis Day Care Association, addressed the issue of federal funding of day care centers. She said the Reagan administration will give funds to local governments, not directly to child care. Motion by Bunce, seconded by Collins to close the hearing. A11 ayes - Carried. Absent - Hassenstab, Ludeman. Mayor Priebe said we need to encourage younger people to move back into and stay in Richfield. Council Meeting Minutes -8- April ~.3, 1981. City Manager Nollenberger, speaking for Mr. Ludeman, said he had voiced concern that the need in the market place had not been made for the day care facility. Motion by Collins, seconded by Bunce to postpone this item until the April 27, 1981 council meeting. Poll of votes: Ayes - Bunce, Collins. Nays - Priebe. Absent - Hassenstab, Ludeman. Carried. Council recessed at 10:20 p.m. and reconvened at 10:33 p.m. 8. Request for Appeal of Taxicab Driver License Denial City Manager Nollenberger reviewed the background investigation conducted by the Public Safety Department that had resulted in the denial of the taxicab driver application of Daniel Lee Clough. Public Safety Director Morgan advised that Mr. Clough had not appeared in support of his appeal. Motion by Bunce, seconded by Collins to close the hearing. All ayes - Carried. Absent - Hassenstab, Ludeman. Motion by Bunce, seconded by Collins to deny this application for a taxicab drivers license. All ayes - Carried. Absent - Hassenstab, Ludeman. 9. Designation of Civic Celebration Day and Re uq est fo_r___B_eer License for Fred Babcock VFW Post City Manager Nollenberger -reviewed the circumstances relative to the application for a nonintoxicating malt liquor license by the Fred Babcock VFW Post, to permit the distribution of free beer to members and guests of the annual VFW Post picnic, scheduled to be held in Augsburg Park on July 26, 1981. He indicated that a change in the ordinance could be a better way to deal with this matter than to declare July 26th as a civic celebration. Council Meeting Minutes -9- April,l3, 1981 Robert Tripanier, 7039 Park, spoke on behalf of the VFW and its work in community service. Richard Blevins, 7539 Washburn, praised the VFW as an organization, but opposed issuing them a license to serve beer in a park. He said it would be a precedent setting action which was not in the best interests of the city. Ha recommended denial of an ordinance change. Terrill Anderson, 7501 Elliott Avenue, said he was a Jaycee member, and registered support of the change in the ordinance. Robert Riley, 7233 Queen Avenue, said he was consciously opposed to consumption _ of beer in public parks; also since July 26th was a Sunday, he asked if the VFW would make special parking arrangements for those attending church. _ Bill 1981-8, "An Amendment to Section 4..17, Subdivision 8, Paragraph (1) of the Ordinance Code of the City of Richfield Relating to the Conditions Applying to the Sale or Consumption of Beer in Public Parks", was read and reviewed by city attorney Clayton LeFevere, the same being on file in the office of the city clerk. {C-9967) Motion by Collins,. seconded by Bunce that this constitute a first reading of Bill 1981-8; that it be published in the official newspaper and that second reading of this ordinance amendment be scheduled for May 11, 1981. Poll of votes: Ayes - Bunce, Collins, Priebe. Nays - None. Absent - Hassenstab, Ludeman. Motion by Bunce, seconded by Collins to defer action on the beer License application for the VFW until after second reading of the ordinance. All ayes - Carried. Absent - Hassenstab, Ludeman. Councilmember Collins gave notice that in one-half hour it would be 11:00 p.m. and that at the expiration of the half-hour she would be calling for adjournment of the meeting. Council Meeting Minutes -10- April 13, 1981 10. Metro Council/Metropolitan Airports Final Report City Manager Nollenberger reviewed the MC/MAC Committee final report on Airport Planning Issues and their recommendations concerning land use/noise compatibility around airports. Motion by Bunce, 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. 6412 RESOLUTION CALLING FOR CHANGES IN THE AIRCRAFT-NOISE/LAND USE COMPATIBILITY PLANNING GUIDELINES RECOMMENDED BY THE JOINT COMMITTEE OF THE METROPOLITAN COUNCIL AND THE METROPOLITAN AIRPORTS COMMISSION . Poll of votes: Ayes - Bunce, Collins, Priebe. Nays - None. Absent - Hassenstab, I;udeman. Carried. This resolution appears as Resolution No. 6412 in Resolution Book No. 46. Geri Christensen,-6929 10th Avenue, addressed the issue of airport noise. 11. Discussion Preferential Runwa System at Metropolitan Airport Mayor Priebe discussed the preferential runway system at the St. Paul - Minneapolis Metropolitan Airport and his concern that Richfield's interests were not being served in terms of preferential runways. He requested the staff to prepare a report discussing what options were available to eliminate the preferential runway system including legal considerations. 12. Consent Agenda Motion by Collins, seconded by Bunce that the following items be approved: A. Request to Move Dwelling from 6556 Emerson Avenue to 7329 Grand Avenue - CL 124 Approve moving the .dwelling from 6556 Emerson Avenue to 7320 Grand Avenue. B. Request to Move Dwelling from 6608 18th Avenue to 6925 12th Avenue - CL 124 Approve moving the dwelling from 6608 18th Avenue to 6925 12th Avenue. C. Purchases in Excess of $1,000 - CL 119 Council Meeting Minutes -11- April 1'3,. 1981 Dual Fuel Conversions for City Equipment Authorize the purchase of two dual fuel units, including equipment, from Auto Energy Inc., at a total cost of $1,813.30. Trees Skyline Honeylocust: Authorize the purchase of 50 at a unit price of $75, for a total purchase price of $3,750 from Bachman's Inc. Sugar Maple: Authorize the purchase of 50 from Minnesota Valley Wholesale, Inc. at a unit price of $89 each, for a total purchase price of $4,450. American Linden: Authorize the purchase of 50 at a unit price of $75 each, for a total purchase price of $3,750 from Bachman's Inc. Cart Path Limestone Authorize the purchase of 700 tons of 1/4" rock from Bryan Rock for a total purchase price of $4,025. Cold Mix Authorize the purchase of 100 tons cold mix patch from McNamara Vivant at a total delivered price of $2,800. Carpet Shampooer Authorize the purchase of a Multi-Clean nine gallon Shampoo N Vac carpet cleaning extractor with vacuum and solution hoses and a Multi-Clean Extractor 16 Power Drive Brush Power Wand from Needels Janitor Supply, at a total purchase price of $1,428. D. Resolution Authorizing Quist Claim Deed for Area of Vacated Street (65th and Emerson)- CL 106 RESOLUTION N0. 6411 RESOLUTION AUTHORIZING EXECUTION OF QUIT CLAIM DEEDS TO AREA OF VACATED STREET (65TH AND EMERSON) E. Release of Bond for Off-Street Parking Contract, Lund's 6628- Penn Avenue - CL 120 Council Meeting Minutes -12- Apri1'i3, 1981 RESOLUTION NO. 6408 RESOLUTION RELATING TO RELEASE OF BOND ON OFF-STREET PARKIlJG Lands, Inc. (Rhoda S. Lund) 1450 West Lake Street Location; 6228 Penn Avenue Use: Super Market F. Approval of Contract with International Association of Firefi liters Local 1215 -1981/82 - CL 127 RESOLUTION N0. 6413 RESOLUTION APPROVING LABOR AGREEMENT BETWEEN THE CITY OF RICHFIELD AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 1215 BARGAINING UNIT FOR THE YEARS 1981 & 1982 RESOLUTION N0. 6414 RESOLUTION AUTHORIZING TRANSFER OF APPROPRLATIONS FROM THE 1981 CONTINGENCY ACCOUNT TO VARIOUS DEPARTMENTS G. Payments and Estimates Estimate No. 2, CP 720. Telephone System, 97% complete, Telamerica, Inc. - $417.15 Estimate No. 6, 79% complete, CP 749 Adams Hill building construction, Barr Nelson, Inc. - $16,578.00 H. Licenses Superamerica, 2813 W. 66th Street Richfield Home Service, May 4, 1981 I. Claims and Pa rolls RICHFIELD BANK & TRUST Checks 1823/51689 General $ 948,397.02 Checks 69646/69976 1'ayrol:l 182,266,33 Checks 69319/69329 Payroll 5,918,95 SUMMIT STATE BANK Off-Sale Beer Mechanical Music Box Checks 63219/69342. $2,149,191,12 13. Authorization for Hennepin County to Acquire Property for the Realignment of Lake Shore Drive City Manager Nollenberger reviewed the plans being pursued with Hennepin County Council Meeting Minutes -13- April 13, 1981 for the realignment of Lake Shore Drive and 66th"5~tr~e~t. He recommended that the council adopt a resolution authorizing acquisition of additional affected property which is surrounded by Wood Lake Nature Center on three sides. Motion by Bunce, 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. 6415 AUTHORIZING HENNEPIN COUNTY TO ACQUIRE PROPERTY UNDER TERMS OF COOPERATIVE CONSTRUCTION AGREEMENT-SUPPLEMENT N0. 1 TO AGREEMENT N0. PW 13-19-76 HENNEPIN COUNTY PROJECT N0. 7625 1 Poll of votes: Ayes - Bunce, Collins, Priebe. Nays - None. Absent - Hassenstab, Ludeman. Carried. This resolution appears as Resolution No. 6415 in Resolution Book No. 46. 14. Authorization for Easements for Milner Pond Dredging City Manager Nollenberger advised the city council that residents around the south end of Milner pond have asked the city to dredge in that area and that the city does not have an easement which would authorize them to enter the property. He recommended that the city council grant authorization to obtain these easements. Motion by Bunce, seconded by Collins to authorize the city attorney's office to draft easements and authorize the execution of said easements as required. A11 ayes - Carried. Absent - Hassenstab, Ludeman. 15. Recommendation to the Commissioner of Highways for the State of Minnesota That the Contract for CP 7052 (Lyndale Avenue from 64th Street to Lake Shore Drive) be Awarded The city manager reviewed bids received for reconstruction of Lyndale Avenue from 64th Street to Lake Shore Drive. He indicated that, because the project is primarily financed with Federal Aid Urban (FAU) funds, the Minnesota Commissioner of Highways would be awarding the contract. Motion by Bunce, seconded by Collins to defer awarding this contract to the April 20 city council meeting. A11 ayes - Carried. Council Meeting Minutes ~-14- April 13, 1981 The city manager recommended that the crosswalks in the Lyndale Avenue and 66th Street construction pro3ects be changed-from bomanite to colored concrete due to maintenance problems with the bomanite. Motion by Collins, seconded by Bunce to authorize a change order to CP 7052 and CP 7053 to remove bomanite from the crosswalks and substitute colored concrete. All ayes - Carried. Absent - Hassenstab, Ludeman. The city manager reviewed options for the design of sidewalks on Lyndale Avenue and 66th Street. Motion by Collins, seconded by Bunce to retain the existing design of eight foot sidewalks. All ayes - Carried. Absent - Hassenstab, Ludeman. 16. Resolution Regardin Special Assessment Deferment Policy City Manager Nollenberger reviewed the proposed. special deferment policy that had been developed in response to the council's request. Motion by Bunce, 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. 6316 RESOLUTION ESTABLISHING PROCEDURES FOR DEFERMENT OF SPECIAL ASSESSMENTS AGAINST OWNER-OCCUPIED HOMESTEAD PROPERTIES OF PERSONS OVER SIXTY-FIVE YEARS OF AGE Poll of votes: Ayes - Bunce, Collins, Priebe. Nays - None. Absent - Hassenstab, Ludeman. Carried. This resolution appears as Resolution No. 6316 in Resolution Book No. 46. 17. Resolution Relating to Council Agenda Format City Manager Nollenberger presented a resolution relating to council agenda format for city council consideration. This resolution combines the policies set forth by the city charter, the city ordinance code and the April 28, 1980 resolution Council Meeting Minutes -15- Apri1~:13, 1981 relating to council agenda format and adds a time near the beginning of the agenda for approval of the agenda. Motion by Collins, seconded by Bunce 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. 5417 RESOLUTION REGARDING COUNCIL AGENDA FORMAT Poll of votes: Ayes -.Bunce, Collins, Priebe. Nays - None. Absent - Hassenstab, Ludeman. Carried. This resolution appears as Resolution No. 6417 in Resolution Book No. 46. 18. Proposed Legislative Policies City Manager Nollenberger presented two legislative position statements for city council discussion and consideration; Position Number 19, Proposed Gasoline Tax Increase, and Position Number 20, Establishment of a Single Class of Beer. Motion by Collins, seconded by Bunce to adopt Position Number 19 and Position No. 20. All ayes - Carried. Absent - Hassenstab, Ludeman, 19. Review of Edina Comprehensive Plan City Manager Nollenberger presented a draft of the City of Edina's comprehensive plan for council review. Motion by Bunce, seconded by Collins to notify the City of Edina and the Metropolitan Council that the Edina Comprehensive Plan is consistent with. Richfield's goals and policies with the exceptions and comments as outlined in Council Letter No. 116. All ayes - Carried. Absent - Hassenstab, Ludeman. 20. Continuation of Meeting Motion by Collins, seconded by Bunce to continue the meeting to April 20, 1981 at 7:25 p.m. for the purpose of recommending the award of bid on Lyndale Council Meeting Minutes -16- Avenue improvements to the Minnesota Department of Transportation. April 13, 1981 All ayes - Carried. Absent - Hassenstab, Ludernan. Time:~ 11:50 p.m. Date Approved: April 27, 1981 Donald J. eb Mayo Sy is K. Bergh City Cle ~~ ~I~'~ Karl Nollenberger City Manager [1 n ~~