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11-09-1981CITY OF RICHFIELD Regular City Council Meeting November 9, 1981 The City Council of the city of Richfield met in regular session in the council chambers of the city hall on Monday, November 9, 1981 at 7:00 p.m. The meeting was called to order by Mayor Donald Priebe at 7:12 p.m. City Manager Nollenberger gave the invocation. Mayor Priebe led in the Pledge of Allegiance. Present: Bunce, Collins, Hassenstab, Priebe Absent: Ludeman 1. Minutes Motion by Bunce, seconded by Collins to approve the minutes of the regular meeting of October 26, the special meeting of October 26, and the amended minutes of the August 24, 1981 special meeting. All ayes - Carried. Absent - Ludeman. Councilmember Hassenstab indicated he wished to abstain his approval of the August 24, 1981 meeting minutes as he was not in attendance. 2. Presentation of Proclamation for Youth Citizen of the Year Mayor Priebe presented proclamations on behalf of the city to three young people who had received awards from the Optimist Club; Mark Serstock, 7201 Portland, was nominated Youth Citizen of the Year, and Debbie Robinson, 6438 Irving, and Barbara Ketcham, 7212 Oak Grove, were nominated Outstanding Youth Citizens. 3. Opportuni~ for Persons to Address the City council Mr. Pat Knaeble stated he was number two on the list for the position of Firefighter and cited City Ordinance 2.32, subd. 8, relating to the Appointment and Placement of Relatives Within the Same Department. He said he has a relative working in the department and called the ordinance discriminatory. Public Safety Director Tom Morgan responded to the issue of relatives working side by side in r Council Meeting Minutes -2- November 9, 1981 an emergency situation. Lawrence Wozniczka, 6744 Wentworth, spoke of four overhead cables for Cable TV attached to one pole and said the pole was leaning. He suggested adding another pole. The city manager indicated he will convey this concern to the cable company. 4. Council Approval of Agenda Order Motion by Bunce, seconded by Hassenstab to remove 18-F, "Approval of Contract Amendment for 1980-81 Planning Assistance Grant" from the consent calendar. All ayes - Carried. Absent - Ludeman. Motion by Collins, seconded by Hassenstab to add a discussion on an update of the Cable TV and to approve the agenda. All ayes - Carried. Absent - Ludeman. 5. Request for Subdivision to Create Two North/South Lots, 7245 Humboldt Avenue Community Development Director Dennis Kraft provided background information regarding the request of Darcy and Lori Debing to resubdivide two 50-foot by 100-foot "east/west" lots into two 50-foot by 100-foot "north/south" lots. 1 There is presently a house on the property and the proposal would divide the lots so that the house would be on one lot only, and the remaining lot would be vacant. Mr. Kraft cited city ordinance requirements and the access problems this resub- division would cause and the recommendations of the staff and planning commission opposing this action. City Manager Nollenberger presented letters objecting to this subdivision from the following persons (C-102): James S. White, 7228 South Girard Mr. and Mrs. Lynwood F. Shelton, 7232 Girard Donna and Robert 0. Vidas, 7-225 Girard Robert L. and Helen A. Bower, 1400 W. 73rd Street Mr. and Mrs. William Frenz, 1400 Lakeshore Drive Vera Colbert, 1308 W. 73rd Street Steve Kublinski, 7220 Girard Council Meeting Minutes -3- November 9, 1981 Mr. Justin Hamsness, 7237 Humboldt, a neighbor residing north of the applicants, -appeared and stated his approval of this request. Motion by Bunce, seconded by Hassenstab. to close the hearing. All ayes - Carried. Absent - Ludeman. Motion by Bunce, seconded by Collins to deny this request for resubdivision. All ayes - Carried. Absent - Ludeman. 6. Request for Variance to Reduce the Sideyard and Front Yard Setbacks to Construct a Covered Entry Porch and a Second Story Addition, 7145 Park Avenue City Manager Nollenberger presented the request of Leroy and Patty Burkemper for a variance to reduce the required 10-foot side yard setback for two-story houses to the existing 5-feet and to reduce the required 40-foot front yard setback to 35-feet to allow the construction of a covered entry porch. He indicated that the staff had recommended denial of this request because the proposal had not met all three conditions necessary for granting variances; and that the city manager and the planning commission had recommended approval of this request.• Mr. Leroy Burkemper, the applicant, appeared in support of his request. Motion by Hassenstab, seconded by Collins to close the hearing. All ayes - Carried. Absent - Ludeman. Motion by Collins, seconded by. Hassenstab to approve this request for variance. All ayes - Carried. Absent - Ludeman. 7. Request for Variance to Reduce the Front Yard Setback to Construct a Carport, 6319 Newton Avenue ~. Community Development Director Kraft reviewed the request for a variance to reduce the required front yard setback from 30-feet to 15.75-feet to allow construction of a freestanding carport. He noted letters of objection received from Betty Achterberg, 6305 Newton, and Alice Pulscher, 6301 Newton (C-9999) Mr. Walter Hoppenrath, the applicant, appeared in support of his request and cited a similar structure at 6430 Logan. Council Meeting Minutes -4- Motion by Bunce, seconded by Hassenstab to close the hearing. All ayes - Carried.- Absent - Ludeman. Motion by Bunce to deny this request. Motion died for lack of a second. Motion by Collins, seconded by Hassenstab to postpone action on this item to the next council meeting to enable councilmembers to visit the site. All ayes - Carried. Absent - Ludeman. 8. Request for Special Use and Variance to Permit Development of a Six-Unit Townhouse 609 West 74th Street (Request for Continuance) City Manager Nollenberger advised that the applicant, Jim Platt, has requested deferral of consideration of this item to the November 23, 1981 city council meeting. Motion by Bunce, seconded by Collins to continue this hearing to the November 23, 1981 regular city council meeting. All ayes - Carried. Absent - Ludeman. 9. Request for Variance to the Fence Height Regulations, Lyndale Garden Center, 6412 Lyndale Avenue City Manager Nollenberger presented the request of Lyndale Garden Center for a variance to allow increase in the height of a recently constructed fence from six feet to ten feet. He reviewed the ordinance specifications relating to the height of fences. Bert Rutman, representing the Lyndale Garden Center, spoke in support of his request for this variance. He said the Garden Center felt a need for this fence extension because they have been experiencing some trouble with vandalism and thefts. Motion by Bunce, seconded by Hassenstab to close the hearing. All ayes - Carried. Absent - Ludeman. Motion by Collins, seconded by Hassenstab to grant this variance to fence November 9, 1981 Council Meeting Minutes -5- November 9, 1981 height subject to the following stipulations as listed in Council Letter No. 374: 1. That the fence be of a continuous wooden material. 2. That the fence be properly maintained. All ayes - Carried. Absent - Ludeman. 10. Request for Amendment to the Sign Plan, Lyndale Garden Center, 6412 Lyndale Avenue Community Development Director Kraft reviewed the proposal submitted by Lyndale Garden Center for an amended sign plan. The garden center has requested two types of signs; a mural sign to be located over the main entrance to the building on the north side and lettering on the four foot high wood band along the entire east side of the building which will spell the names of products offered for sale. Bert Rutman, of the Lyndale Garden Center, appeared and spoke of the proposed signs . __ Motion by Bunce, seconded by Hassenstab to close the hearing. A11 ayes - Carried. Absent - Ludeman. Motion by Bunce, seconded by Collins to approve the sign plan subject to the following stipulations as outlined in Council Letter No. 375.: 1. That no more than 50 percent of the length of each section of the wood band be covered with letters. 2. That the letter height be no more-than 24 inches. 3. That all the lettering be white in color. Poll of votes: Ayes - Bunce, Collins, Priebe. Nays - Hassenstab. Absent - Ludeman. Carried. Councilmember Hassenstab indicated he voted "nay" because he opposed the lettered sign but liked the mural sign. 11. Request for Variance to the Front Yard Setback to Construct an Entry Addition, and Approval of Off-Street Parking~Permit, 7401 Lyndale Avenue City Manager Nollenberger presented the request of Mr. Mark Malkowitsch, Council Meeting Minutes -&- November 9, 1981 owner of the property at 7401 Lyndale Avenue, for an off-street parking permit -- and a variance to the front yard setback requirements. The applicant is requesting this variance to allow construction of a 7'10" by 7'4" airlock entry addition to the front of the existing building. The city manager reviewed recommendations of the staff for denial of this application and the planning commission and city manager`s recommendation for approval of this variance and off-street parking permit, subject to three stipulations as listed in Council Letter No. 387. Motion by Hassenstab, seconded by Collins to close the hearing. All ayes - Carried. Absent - Ludeman. Motion by Hassenstab, seconded by Bunce to approve this variance. All ayes - Carried. Absent - Ludeman. Motion by Hassenstab, 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. 6530 RESOLUTION APPROVING LAYOUT AND CONTRACT FOR OFF-STREET PARKING IN ACCORDANCE WITH APPLICATION No. 81-8, Contract No. 2338 Audio Perfection 7401 Lyndale Avenue Location: Same Use: New Parking Area Poll of votes: Ayes - Bunce, Collins, Hassenstab, Priebe. Nays - None. Absent - Ludeman. Carried. This resolution appears as Resolution No. 6530 in Resolution Book No. 47. The city council adjourned for recess at 8:52 p.m. and reconvened at 9:00 p.m. 12. Request for Rezoning from,"~" Single Family Residential to "C1" Limited Business, 6717 Lyndale Avenue City Manager Nollenberger introduced the application of Mr. Norman Gilbertsen Council Meeting Minutes -7- November 9, 1981 requesting the rezoning of his property located at 6717 Lyndale Avenue from "R" single family residential to "C-1" neighborhood commercial. Community Development Director Kraft presented maps and pictures of the area. He said Mr. Gilbertsen is proposing to remove the single family house and garage presently on this property and construct a 3,264 square foot one-story office building and 12 off-street parking stalls. Mr. Kraft reviewed past planning commission meetings and noted that the comprehensive plan indicates this site as commercial property. Mr. Norman Gilbertsen, the applicant, appeared and spoke on behalf of his proposal. Lawrence Wozniczka, 6744 Wentworth, spoke of his tenure on the planning commission in 1972 to 1974 and provided additional background information. He asked where commercial boundaries end and spoke of commercial encroachment on residential areas. Mr. Lorin Gasterland, 6717 Garfield, spoke against this rezoning. Mr. John Rickert, 6710 Garfield, indicated he was an eleven year resident and said he was against commercial encroachment and spot zoning. Mr. Ralph Gilbertsen, 6709 Lakeview Avenue, brother of the applicant,~voiced his support of the proposed rezoning and erection of an office building. Mr. Gilbertsen said he was a forty-year Richfield resident and started Lyndale Hardware years ago. Mr. Paul Marchessault, 6724 Garfield, stated he was a 22 year resident and spoke against the project saying it would deteriorate and detract from the value of his home. Mark Ahlquist, 6449 Lyndale, spoke on behalf of the planning commission. Motion by Bunce,, seconded by Collins to close the hearing. Council Meeting Minutes -8- November 9, 1981 A11-ayes - Carried. Absent - Ludeman. Bill 1981-28, "An Amendment to Appendix C of the Ordinance Code of the City of Richfield, Minnesota", defining 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. Motion by Bunce, seconded by Collins that this constitute a first reading of Bi11 1981-28; that it be published in the official newspaper and that second reading of this ordinance amendment be scheduled for December 14, 1981. Poll of votes: Ayes - Bunce,. Collins, Hassenstab, Priebe. Nays - None. Absent - Ludeman. Carried. Motion by Bunce, seconded by Hassenstab to direct the staff to notify all residents by letter within a 300-foot radius that will be affected by this rezoning. All ayes - Carried. Absent - Ludeman. Mayor Priebe stressed his reservations about this rezoning and indicated he may vote against it in December. 13. Request for Variance to the Noise Ordinance to Permit Overnight Parking and Operation of Refrigeration Units of Refrigeration Trucks, 6300 Cedar Avenue . . City Manager Nollenberger presented the request of Norman Wendt, president of Dairy Homes, Inc., for a variance to the noise ordinance. Mr. Wendt wishes to provide overnight parking of his company's refrigerated trucks at 6300 Cedar Avenue with the refrigeration units operating. Community Development Director Kraft addressed the council regarding this request for variance of the noise ordinance which, he said, was the first received since the new ordinance was adopted in August of this year. Bob Zender, of Burnett Realty, representing the applicant, presented pictures (C-101) of the truck units and property. Council Meeting Minutes -9- November 9, 1981 Mr. Norman Wendt, 7626 12th Avenue, spoke on his behalf. He said he has been a Richfield Resident since 1962. He indicated his willingness to erect a fence in order to reduce the noise level transmitted to the residential property. He also said that the compressor units are on the bottom of the trucks.. Brian Schnizlein., 6315 17th Avenue, stated his opposition to this variance and the added noise it would generate. Jim Nunn, 6320 18th Avenue, also spoke against the increase of noise levels. Bill Covington, 6321 18th Avenue, spoke in opposition to the variance and .said his children's bedroom and patio face the truck parking area. Motion by Bunce, seconded by Hassenstab to close the hearing. A11 ayes - Carried. Absent - Ludeman. Motion by Bunce, seconded by Collins to deny this request for variance to the noise ordinance. All ayes - Carried. Absent - Ludeman. 14. Ordinance Amendment Relating to License and Permit Fees. Second Reding. City Manager Nollenberger presented the ordinance amendment for second reading which would repeal Appendix D, entitled "License, Permit and Miscellaneous~Fees", and provide that licenses, permits and miscellaneous fees can be accomplished by city council resolution, rather than by ordinance, as is presently required. He indicated-that the ordinance had been amended to provide that the various fees established by a council resolution are subject to a public hearing, in compliance with city council recommendation. Lawrence Wozniczka, 6744 Wentworth, voiced his opposition to this ordinance amendment. Motion by Bunce, seconded by Hassenstab to close the hearing. All ayes - Carried. Absent - Ludeman. Council Meeting Minutes ~ -10- November 9, 1981 Motion by Collins, seconded by Bunce to approve the amendment relating to notice of public hearing on proposed fee changes. Poll of votes: .Ayes - Bunce, Collins, Priebe. Nays - Hassenstab. Absent - Ludeman. Carried. Bill 1981-26, "An Ordinance Amending Appendix D of the Ordinance Code of the City of Richfield, Minnesota", was read and reviewed by City Attorney LeFevere, the same being on file in the office of the city clerk. (C-9998) Motion by Bunce, seconded by Bunce that this constitute a second reading of Bill 1981-26; that it be published in the official newspaper and that it be made a part of these minutes. Poll of votes: Ayes - Bunce, Collins, Priebe. Nays - Hassenstab. Absent - Ludeman. Carried. 15. Approval of Final Development Plan, Special Use Permit to Erect a Fotomat, Snyder's Parking Lot, Hub Shopping Center Community Development Director Kraft reviewed the request of the Fotomat Corporation to locate a drive-up Fotomat retail store on the Penny Supermarket property. Mr. Pete Fogarty, representing the Fotomat Corporation, appeared in support of his firm's request and answered city council questions. Lawrence Wozniczka, 6744 Wentworth, expressed concern about the pedestrian flow due to this development and indicated his opposition to this proposal. Mofiion by Bunce, seconded by Hassenstab to close the hearing. All ayes - Carried. Absent - Ludeman. Motion by Collins, seconded by Hassenstab to approve the final development plan and special use permit, subject to the following stipulation as outlined in Council Letter No. 384: 1. That the primary building materials of the proposed Fotomat store meet the Urban Design Elements. Council Meeting Minutes -11- November 9, 1981 Poll of votes: Ayes - Collins, Hassenstab, Priebe. Nays - Bunce. Absent - Ludeman. Carried. 16. Resolution Regarding Tax Status of Police and Fire Relief Associations City Manager Nollenberger advised the city council that the present tax exempt status of the Police and Fire Relief Associations has been challenged by other groups who have been denied a tax exempt status and that the federal IRS will rescind the tax exempt status of all those Minnesota Fire and Police Relief Associations which are now exempt beginning with calendar year 1982. He said that federal legislation is being sought to authorize exemption of these organizations as was provided to teachers' retirement fund associations. The city manager presented a resolution for council approval urging Congress to enact this federal legislation. Motion by Bunce, seconded by Hassenstab 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. 6529 RESOLUTION RELATING TO TAX STATUS OF RICHFIELD POLICE AND FIRE RELIEF ASSOCIATIONS Poll of votes: Ayes - Bunce, Collins, Hassenstab, Priebe. Nays - None. Absent - Ludeman. Carried. This resolution appears as Resolution No, 6529 in Resolution Book No. 47. 17. Discussion of Outdoor Skating Rinks Community Services Director Don Fondrick reviewed the attendance figures from previous years' skating programs which could be used to identify sites which could be closed during the coming skating season. The city staff has developed the recommendation that~the skating facility at Sheridan Park be eliminated, and that the buildings be closed at Madison, Nicollet and New Ford Town Parks, although Council Meeting Minutes -12- November 9, 1981 ice sheets could be maintained at Madison, Nicollet and New Ford-Town sites. This would leave eight skating rink sites with warming houses and attendants open, and provide five additional sites without warming house facilities. Mr. Fondrick noted that with decreasing youth populations and budgetary concerns, such actions are necessary. Motion by Bunce, seconded by Priebe to adopt the staff recommendation. Poll of votes: Ayes - Bunce, Priebe. Nays - Collins, Hassenstab. Absent - Ludeman. Motion file . Motion by Hassenstab, seconded by Bunce to retain ice rinks with no warming houses or attendants at the following sites: New Ford Town, general skating and hockey Sheridan, general skating only Madison, general skating only • ~ Nicollet, general skating only Poll of votes: Ayes - Bunce, Hassenstab, Priebe. Nays - Collins. Absent - Ludeman. Carried. 18. Selection of Auditor for 1981 City Records City Manager Nollenberger presented a proposed audit contract submitted by city auditors, Cummins, Keegan and Company. Mayor .Priebe indicated he was not satisfied- with their evaluation of the •city and that he felt the firm should have extended their remarks to the management techniques of the city. Motion by Hassenstab, seconded by Bunce to refer authorization of this audit agreement to the audit committee. All ayes - Carried. Absent - Ludeman. 19. Approval of Contract Amendment for 1980-81 Planning Assistance Grant City Manager Nollenberger presented a resolution for city council approval which would approve an amended grant agreement with the Metropolitan Council. Council Meeting .Minutes -13- November 9, 1981 Through this agreement the city has been receiving funds from the Metropolitan Council through the Local Planning Assistance Grant program to help finance preparation of the city's comprehensive plan. Lawrence Wozniczka, 6744 Wentworth, voiced concerns about the comprehensive plan and asked if the comprehensive plan was published for review by citizens. Motion by Hassenstab, 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. 6531 RESOLUTION REQUESTING 1980-81 LOCAL PLANNING ASSISTANCE GRANT FUNDS FROM THE METROPOLITAN COUNCIL Poll of votes: Ayes - Bunce, Collins, Hassenstab, Priebe. Nays - None. Absent - Ludeman. Carried. This resolution appears as Resolution No. 6531 in Resolution Book No. 47. 20. Consent Calendar Motion by Hassenstab, seconded by Bunce that the following items be approved: A. Off-Street Parking Bond Release, Print Shop, 7701 Lyndale Avenue - CI, 380 RESOLUTION N0. 6526 RESOLUTION RELATING TO RELEASE OF BOND ON OFF-STREET PARKING Donald F. Hagen & Herbert A. Mason 1014 Excelsior Avenue W., Hopkins, MN Application No. 78-17, Contract No. 2283 Location: 7701 Lyndale Use: Print Shop B. Agreement Between State of Minnesota and City for Penn Avenue - I-494 Signal Upgrading - CL 381 RESOLUTION N0. 6528 RESOLUTION APPROVING AGREEMENT WITH THE STATE OF MINNESOTA TO REVISE THE EXISTING TRAFFIC CONTROL SIGNAL WITH STREET LIGHTS AT 494 NORTH RAMP AND PENN AVENUE INTERSECTION Council Meeting Minutes -14- November 9, 1981 C. Purchases in Excess of $1,000 MUNICIPAL SWIl~IING POOL ROOF REPAIR - Authorize the roof repair to be performed by Minneapolis Roofing Company in the amount of $1,595. ZAMBONI REPAIR - Authorize payment for completed emergency repair to R & R Specialties, Inc. in the amount of $1,313.16. SALT AND SAND SPREADER - Authorize purchase from Truck Outfitters, Inc. in the amount of $4,025.10. SECURITY SCREENS - Authorize purchase of security screens over windows of park shelter building at Adams Hill Park from Allied Aluminum Manufacturers in the amount of $2,176. TRAFFIC SIGNS - Authorize the purchase of E-Series Street Name Plates from Earl F. Anderson and Associates, Inc. in the amount of $1,658.96. TREES - Authorize payment to Gordon McKinnon, 7308 Upton, of $2,158.16 in lieu of tree replacement, equal to low quotation received. FENCING SOUTH BOUNDARY OF GOLF COURSE - Authorize purchase from Century Fence Company of estimated 2,300 linear foot chain link fence with C section posts and rails, in the amount of $6,028. . . FENCING MAINTENANCE YARD OF GOLF COURSE - Authorize purchase of fen ing from Midwest Fence and Manufacturing Company, in the amount of $3,527. RADIO EQUIPMENT - Authorize purchase of authorized radio equipment for the Inspection Division through Hennepin County purchasing contract from Motorola Corporation in the amount of $5,674. CASH REGISTER RIBBONS - Approve the purchase of 20 dozen cash register ribbons from Minnesota Cash Register in the amount of $1,100. D. Approval of Off-Street Parking Permit, Walser Buick - CL 394 1 ul Council Meeting Minutes -15- November 9, 1981 RESOLUTION N0. 6527 RESOLUTION APPROVING LAYOUT AND CONTRACT FOR OFF-STREET PARKING IN ACCORDANCE WITH APPLICATION N0. 81-9, CONTRACT N0. 2339 Walser Buick 7745 Penn Avenue Use: New Parking Area [~ E. Minutes, Tabulation of Bids and Award of_Contract for Purchase of Furniture for Public Safety Department - CL 395 Award contract for furnishings, furniture and equipment relative to CP 7670, Public Safety addition and remodeling, to General Office Products Company of Minneapolis, in the amount of $45,106.97. F. Certification of November 3, 1981 City Election - CL 392 RESOLUTION N0. 6532 RESOLUTION DETERMINING RESULTS OF CITY GENERAL ELECTION OF THE CITY OF RICHFIELD HELD ON TUESDAY, NOVEMBER 3, 1981 G. Resolution Approving International Year of Disabled Persons - CL 386 RESOLUTION N0. 6533 RESOLUTION ENDORSING COOPERATIVE COMMUNITY EFFORT FOR DEVELOPMENT OF AN ACCESSIBILITY GUIDEBOOK IN THE INTERNATIONAL YEAR OF THE DISABLED PERSON H. Claims and Payrolls SUMMIT STATE BANK Checks 64060/64089 $1,947,152.92 RICHFIELD BANK & TRUST Checks 2377/55107 General 933,502.34 Checks 76158/76488 Payroll 187,443.85 I. Licenses Taxicab License, Town Taxi, St. Louis Park - 2 licenses On-Sale Club License, Fred Babcock VFW Council Meeting Minutes -16- - November 9, 1981 J. Payments and Estimates 1. Final Estimate, 100% complete - Ray Anderson & Son, lime sludge removal, Contract 2348 - $32,965 2. Electric Service Co., CP 761, Street Lighting, 100% complete - $69,256.97 3. Rutledge Construction Co., CP-767, Public. Safety Building remodeling, 21% complete, .Estimate No. 2 - $96,201.04 4. Hennepin County Treasurer, CP 7053, 90°lo~complete, City share - $90,954.40 .AlI ayes - Carried. Absent - Ludeman. 21~.~ Discussion Item - Extra Item Councilmember Collins presented an update on the current status. of Cable TV. 22. Adjournment Motion by Bunce, seconded by Hassenstab that the meeting adjourn. All ayes - Carried. Absent - Ludeman. Time: Date Approved: November 23, 1981 12:10 a.m., November 10, 1981.. onald J. Pr' a Mayo ._ ,. ° Sy1 K.-Bergh City C1 Karl Nollenber er City Manager