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11-23-1981~~~~ "~~ CITY OF RICHFIELD REGULAR CITY COUNCIL MEETING - '~•'' November 23, 198.1. ;`, - ,.~ The-City Council of-the City of Richfield met in regular session in the. -council chambers of the city hall.on Monday, November 23, 1981 at 7;00 p.m. ~., The meeting was called to order by Mayor Donald Priebe at 7;.07 pim. ~~-~ Rev. Clemmet Peterson, of Richfield United Methodist Church,~gave the invocation. ,`,,.` - Present: Bunce, Collins, Hassenstab, Lud.eman, Priebe 1. Minutes Motion by Bunce, seconded by Hassenstab to approve the minutes of-the ~K..:.. November 9, special and .regular meetings and the minutes. of the November l6, - 1981 special meeting. All ayes - Carried. ~;,`~ 2. Resolution Relating to Metropolitan Health-Board (Lia Ozo1s, Advisory Board ,,-.~ " of Health Member) Lia Ozols, member of the Richfield Advisory Board of Health, presented a resolution urging the Metropolitan Health Board to effectively control health -care costs and safeguard health .services. She recommended city council approval of ,this resolution. ~- Bob Ronay, 6940 Newton, asked. about the position of .the Metropolitan Health. Board regarding hospital closings and the certificate of need process. 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. 6535 " A RESOLUTION URGING THE MFTT2(1Pf1T-TTON kTFAT.TTT R(IART] Tn FFFF.RTTVFT.Y '~' Courici3! Meeting Minutes -2- November 23, 1981 .3 Update on Financial. Situation of the City {Director of Administrative Services) Administrative Services Director 3oyce Wilde presented an update on the city's `'' financial situation, describing ,the impact of :the loss of local government aid . payments-and-homestead credit. revenues in addition to a loss of revenues- from -f, J interest earnings, as detailed in 'Council Letter No. 397. The conncilmembers asked <..questions. Robert Kunde, 1001 W. 76th Street, asked questions regarding short-term borrowing-- .. and when-such indebtedness-would be .paid off. .:; ~. . ~:,~ - 4. Council Approval of Agenda Order City Manager Nollenberger asked to remove Item 17C, "Resolution Approving Removal _ of Hazardous Structure, 2118 W. 69th Street", from. the consent-agenda and make it F~."~~ ~: ltem.8A, and also asked to add a discussion item regarding a Charter Amendment ~. / ' related to purchases in. excess of $1,000. ' Motion by Hassenstab, seconded by Ludeman to approve the amended agenda, _ A11 ayes - Carried. ` 5. Request for Special Us e. Permit and Variance,. 609 W. 74th Street, to Construct Six Condominium Units Community Development Director .Dennis-Kraft presented the request of Jim Platt and Jeff Gustafson. for a special use permit to allow the construction of six town- houses at-609 West 74th Street. He recommended that the special use permit be granted .subject to stipulations outlined in Council Letter No. 402, and that an off-street parking contract be approved. Jim Platt, the applicant, spoke describing-the proposal and answered councilmembers' questions. The-:city manager relayed a telephone message he had .received from Mr. Allan N. Anderson, 7333 Garfield,-expressing support far the project. '° Council Meeting Minutes -3- November- 23, 1981 ... Erich Russell, 6229 Pleasant, a member of the planning commission, described the commission's d-el3beraEions on this issue and expressed their reservations Y • ~ t~ regarding the proposed floor area coverage. Motion by Ludeman, seconded by Bunce to suggest that the buildings be moved to the east liy .5 feet; and to approve the special use permit and variances; subject to the following stipulations: 1. That the required setback from commercial property be reduced from 20 feet to 4.51 feet; 2. That tL~e maximum allowable lot coverage be' increased from 20 percent to 29.5 percent. 3. That the amount of screened private on-site yard space be -~"-` reduced from 300 square. feet per. unit to 0 square feet per unit.- ,' All ayes -.Carried. ~~~, z - `Motion by Ludeman, 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. 6536 RESOLUTION APPROVING LAYOUT AND CONTRACT FOR OFF-STREET PARKING IN ACCORDANCE WITH APPLICATION N0. 81-10, CONTRACT N0. .2340 Name: Jim Platt and Jeff Gustafson P. 0. Box 35481 Edina, MN 55435 Location: 609 West 74th Street Use: Multiple Family Residence Poll of votes: .Ayes- - Bunce, Collins, Ludeman, Hassenstab, Priebe. Nays - None. Carried. This resolution appears as Resolution No. 6536 in Resolution Book No. 47. ~~ i~' 6. west for Variance. -Newton Avenue to C Community Development Director Dennis Kraft presented additional information regarding this request for a variance to reduce the required front yard setback to -~~ ~. .Council Meeting Minutes - -4- Noeember 23, 198]. .._ , . .". advised that a similar structure in the same block had apparently been:constructed "without a building permit and`agpeared,to~be in violation of setback requirements. Walter Hoppenrath, the .applicant, described his proposal. Shirley Kunde, I001 West 76thStreet, asked-how fences are affected by.variance. requirements and what the concept :of setback requirements are. Robert Kunde also spoke -Motion: by Ludeman, seconded by Hassenstab to close the hearing. ' -All ayes - Carried. .Motion by Ludeman, seconded by Hassenstab to deny this requested variance. - Poll of votes: Ayes - Bunce, Ludeman, Hassenstab, Priebe. Nays - Collins. Carried. _7. 1982 Sidewalk Improvement Hearings City Manager Karl Nollenberger described the 1982 sidewalk program. ,E. City Engineer Mike Eastling presented details "of .the program for the following proposed locations as described in Council-Letter No:. 430:. On Side From To Xerxes Avenue East 62nd Street 65th Street - 75th Street North .Penn. Avenue_ Logan Avenue • 76th Street South Sheridan Avenue Xerxes Avenue 76th Street South Lyndale Avenue James Avenue. y~ ~ - - - Lyndale: Avenue Both 62nd Street 64th-Street Lake Share Drive Both Lyndale Avenue 66th Street 65th Street South, Lyndale Avenue .Pleasant Avenue Nicollet Avenue BotYz 77th. Street I-494 Second Avenue East .77th Street .78th Street Portland Avenue West 77th Street I-494 77th Street South Elliot Avenue Chicago Avenue . 12th Avenue West 76th Street I-494 77th Street South I2th Avenue I3th Avenue - Mr. Eastling also described .the special assessment policy for the sidewalk `program, which provides that residential properties pay 20 percent of the cost and commercial properties 50 percent. The following residents spoke: Gary Wood, 6411-Xerxes, expressed concern .regarding saving trees and asked about the wolume:of pedestrian-traffic in-thatarea.- -- _ - -'~-ri~fY .s ,.~li.>_ ". F2.-~~: '~?_ r...~LYV_,... ~.~-.- -..'y>>.~.~-_a~"L ~. ..: ~.~ ~., :~: _ _.; .4 _. v___ __ , -. _". .~. _..- ~i s...c: .r ._ F, ~a tti,+_ -w~ Council Meeting Minutes -5- - November 23, 1981 __ ~ .. - - ' Tom and Bob Ronay, 6940 Newton, expressed support for the sidewalk from 6200 to 6500 Xerxes.'.- - ~ - - Lloyd Hope, 6417 Xerxes, observed that installation of sidewalks in that area would lessen parking in driveways along Xerxes Avenue. Kerry Ronay, 6940 Newton, expressed support for Xerxes sidewalks and a need for pedestrian access to the bus shelter at 62nd and Xerxes. - ~ Shirley Kunde, 1001 W.-76th Street, asked about the special assessment policy -and-how costs of tree removal would be figured and expressed opposition to sidewalk - `installation on 76th Street. - Dave Putricl~, 7601 Thomas, observed that installation of a sidewalk would remove his chance to put trees along his lot and protect his. property from noise ``::along 76th Street. Joe Seewart, 7600 Sheridan, expressed opposition to installation of sidewalks - ;.:~ on 76th Street. Councilmember Bunce requested that the load restriction on 76th Street between - Penn and Xerxes Avenues be more clearly posted,. - Sue Sandahl, 7601 Bryant,. expressed concern-for pedestrian safety and supported the installation of sidewalks on both sides of-76th Street in this area. Robert Kunde, 1001 West 76th Street, asked for a postponement on the decision of installation of 76th Street sidewalks. He also-suggested that an asphalt boulevard-not. be installed, but rather that concrete be used.. Motion by Hassenstab, seconded by Ludeman to continue the hearing to-the December 13 council meeting. All ayes - Carried. The city council recessed at 9:40 p.m. and reconvened at 9:50 p.m. ~. 8. Appeal to Fire Code, 7727 Wentworth Avenue `' Council Meeting M~.nutes -6- Noveritber 23,--1981- - ~ __ - Public Safety Director Tom Morgan presented background i.nforma~ion regarding -this appeal to the fire prevention code for a lodging house located at-7727 Went- -" worth Avenue. He described the fire code violation and a history of .enforcement ~_ efforts. Assistant Fire Chief Pat Coughlin described in detail his division's inspections and subsequent enforcement efforts. Mr. Richard Cheng, owner of 7727 Wentworth, asked questions of Chief Coughlin ' and Public Safety Director Morgan and described his tenure of ownership and history of this enforcement effort. He expressed the belief that the city's interpretation ~~ of the fire code was arbitrary and unfairly applied to his property. Motion by Ludeman, seconded by Hassenstab to continue the hearing and request the city attorney and public safety officials to prepare a set of findings with _:: ,. regard to this matter, for council consideration at the. December 14, 1981 ._ meeting and to enable the appellant to submit additional information.- . All ayes -Carried. Discussion ensued; individual council members expressed general support for the fire. division's fire code compliance-orders. SA. Resolution Approving Removal of Hazardous Structure, 21.18. W. 69th Street Public .Safety Director Morgan requested-that consideration of this item be deferred to December 14, 1981. Motion by Bunce, seconded by Hassenstab to defer this item to the December 14, 1981 city council meeting. All ayes - Carried. 9. Resolution Establishing License, Permit and Miscellaneous Fees Administrative Services Director Wilde presented the resolution-establishing the new fee structure proposed for 1982. .On November 9, 1981 the city council gave Council Meeting Minutes -7- November 23, 1981 second reading approval to an ordinance amendment which authorized the establishing of all city fees by .council resolution Mather than by ordinance. Ms. Wilde observed that the proposed fee structure was the basis for revenue projections for the 1982 general fund budget. She also suggested an amendment to Section 8 (1) d - "Off-Sale" license for nonintoxicating malt liquor - change the fee from - $25 to $100. Motion by Bunce, seconded by Hassenstab to close the hearing. All ayes - Carried. Motion by Bunce, seconded by Ludeman that the following resolution be adopted; as amended; that it be spread in the resolution-book and that it be made a part of these minutes: RESOLUTION N0. 6537 RESOLUTION ESTABLISHING LICENSE, PERMIT AND MISCELLANEOUS FEES PURSUANT TO THE PROVISIONS OF APPENDIX D OF THE ORDINANCE _. CODE OF THE CITY OF RICHFIELD Poll of votes: Ayes - Bunce, Collins, Ludeman, Hassenstab, Priebe. Nays - None. Carried. This resolution appears as Resolution No. 6537 in Resolution Book No. 47. 10. Ordinance Amendment Relating to House Moving, Second Reading City Manager Nollenberger presented an ordinance amendment relating to the .moving of houses and other buildings for city council second reading approval. Motion by Ludeman, seconded by Hassenstab to close the hearing. All ayes - Carried. Bill 1981-27, "An Amendment to Chapter IV, Section 4.07 of the Ordinance Code of the City of Richfield", was read and reviewed by City Attorney Clayton LeFevere, the same being on file in the office of the city clerk. (C-9997) Motion by Ludeman, seconded by Bunce that this constitute a second reading of Bill 1981-27; that it be published in the official newspaper and that it be made a part of these minutes. F emu. -~- _. .: , _ _ ~~ Council Meeting Minutes -8- ~ November 23, 1981 -.- - Po.11 of votes: Ayes - Bunce, Collins, Hassenstab, Ludeman, Priebe..` Nays - None. .Carried. _ - 11. Ordinance Amendment Relating to Proposed Vacation of .Portion of-Lake Shore Drive, First Reading. ,~ `-City Manager Nollenberger presented a transitory ordinance providing for- - - vacation of a portion of Lake Shore Drive for city council first reading approval. -= ~''TY~is street vacation is necessary so that the-vacated right-of-way can now become ''"part of the Lake-Shore Drive condominium project site. He recommended that the ~~ °city counc3.1 give first reading approval to this street vacation with the ;;.:_. ~_ stipulation that the necessary utility easements be granted, as listed in.Counc3.1 Letter No. 407. - Bill.1981-27, Transitory Ordinance No. 16.87, "A Transitory Ordinance for `.; ~:the.Va~cation of a Portion of Lake Shore Drive", was read and reviewed by City Attorney Clayton LeFevere, the same being on file in-the office of the-.city clerk. {C-103) . ~ Motion by Bunce, seconded by Ludeman that this constitute a first reading of Bill 1981-27 ;: that it be published in the official newspaper and that second ,;xeading of this ordinance amendment be scheduled for December 14, 198.1. Po11 of votes:-.Ayes - Bunce, Collins, Hassenstab, Ludeman, Priebe. Nays - None.. Carried. 12. Minutes, Tabulation of Bids and Award of Contract, Site Development and Park Shelter Building, Monroe Fairwood Park Community Services Director Don Fondrick .described the plan for Monroe-Fairwood Park improvement and the bids received for the site development. and the park shelter building. He recommended-.awarding the bid for the shelter building to Henry 0. Mikkelson who had submitted.. the low bid, and for landscaping to Natural Green who had -submitted the-low bid with abase bid of $263,895; a bid of $3,800 for Alternate s, and $5,800 for Alternate K.,.fox a total bid of $273,495. Mr. Fondrick SGCis. :L _...~+Fr~.- ._~:i -rwSU'»~. w. ~ ., _w ~ -« i is.;. -ti . _ .- tease '•.. ~ ~-. r~ - ,~ ~L..G.. a,..~ ~~.. _. ..... ....~ -, Council Meeting Minutes -9- November 23, 1981 :noted that part of this base bid is work related to the storm sewer..problems in -.the area and~$5,810 would be charged to the sewer fund. Paul. Fjare, from Brauer -& Associates, addressed-the alternate bids from a design point of view. Tim Lindgren, 6612 Knox, asked why several of the alternates were not being - selected -budget constraints, or'-whether the city could do it cYreaper. Mr. :Fondrick replied it was for both reasons. ', Motion by Hassenstab, seconded by Collins to award the contract for the shelter building to Henry 0. Mikkelson in the amount of $137,&00 to be charged •to City Project 76Q. All ayes - Carried. Motion by Hassenstab, seconded by Collins to award the contract far site ~" °; work to Natural. Green in the amount of $273,495, with $267,685 to be charged to .: ,: City Project 760 .and $5,810 to be charged to the sewer fund. All ayes - Carried. " Bi11 1981-32, Transitory Ordinance No. 16.88, "An Ordinance 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-104) Motion by Hassenstab, seconded by Collins that this constitute a first reading of Bill 1981-32; that it be published in the official newspaper and that-second- reading of this ordinance amendment be scheduled for December 14, 1981. - Po11 of votes: Ayes - B.unce, Collins, Hassenstab, Ludeman, Priebe. Nays - None. Carried. 13. Ordinance Amendments Relating to Residential Zoning, First Reading Council Meeting Minutes -10- November 23, .1981 - . .- __ . :ordinance amendments relating to residential zoning.- This revised residential ~~zoning ordinance was' devised after digcussa.ons between the city council and the .~; planning commission,- Because-the city is fully developed, the major-goal of this 'ordinance was to establish zoning regulations which conserve and enhance the residential character of the city rather than control new development. - Motion by Hassenstab, seconded by Ludeman to amend Section 3.30, Subd. 1, "Principal Uses", by adding (e} Home occupation. - All ayes - Carried. ~' Lawrence Wozniczka, 6744 Wentworth, asked about the treatment of institutions . in this ordinance. Bill 1981-30, "An Ordinance Amending the Ordinance Code of the City of Richfield,-Minnesota, as follows: Amending Section 3.27, Subd. 3 by Providing new Definitions for !Arterial Streets", "Collector Streets", "Floor Area Ratio", "Lot Coverage", '.'Lot Width", "Outdoor Open Space", and "Required Yard" and Making Other Changes; Amending Section 3.28, Subdivision. 1, by Providing for new Zoning Classifications RSD, MR-1, MR-2, and MR-3 Amending Section-3.29 by Adding a new Subd. l5 with Provisions Concerning Wa11s, Fences,. and Hedges; Amending Section 3..30 by Replacing the Existing Provisions with new Provisions for the Residence (R) District; Adding a new Section 3.30A with Provisions for. the new Residential Special. (RSD) District; Adding a-new Section 3.3L4 with Provisons for the new Multiple Residence (MR-1, MR-2 and MR-3) Districts; _ Amending Section. 3.32, Subds. 1(1) and 4, Section 3.33,; Subds. 1(1) and 3(a), Section 3.34A, Subd. 2(5), Section 3.36 .and Section 3.38A by Adding References to the new Zoning Classifications and Making. Other Changes; Amending Section. 3.39 by Deleting Subd. 2(1)(e) Concerning Regulation of Walls, Fences and Hedges,.by Deleting Subd. 4 Thereof Concerning Use of Existing Lots, and by Council Meeting Minutes -11- November 23, 1981 s Making Other_Changes; Amending Section 3.57, Subdivision 1, by Provsing that. -the Minimum Lot Area and Minimum Lot Width'Standards of that Subdivision Shall be Superseded When Other Such Standards are Specified for Particular Lots Elsewhere in the Code.", was-read and reviewed by City Attorney Clayton LeFevere, the same being on file in the office of the city clerk. (C-105) " Motion by Hassenstab, seconded by Ludeman that this constitute a first reading of Bill 1981-30, as amended; that it be published in the official newspaper and that second reading of this ordinance amendment be scheduled for December 4, 1981. Po11 of votes: Ayes - Bunce, Collins, Hassenstab, Ludeman, Priebe. Nays - None. Carried. Bill 1981-31, "An Ordinance Amending Section 4.05, Subdivision 1, of the City Code of the City of Richfield, Minnesota, by adding the "RSD" District Within the Scope and Coverage of the Parking Regulations of that Subdivision", was read and reviewed by City Attorney Clayton LeFevere, the same being on file in the office of the city clerk. (C-106) Motion by Hassenstab, seconded by Ludeman that this constitute a first reading of Bill 1981-31; 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, Ludeman, Priebe. Nays - None. Carried. 14. Resolution Relating to Issuance of $2,450,000 Bonds for S, W. Quadrant of Lvndale Avenue/66th Street and Lyndale Garden Center Administrative Services Director Wilde presented a request from the HRA to issue $2,450,000 General Obligation Redevelopment Bonds to finance certain development activities in the Lyndale/Hub/Nicollet redevelopment area. The proposed bond issue would finance HRA's cost incurred for the Lake Shore Drive condominium protect, the Lyndale Garden Center redevelopment and miscellaneous Council Meeting-Minutes -12- ~ November 23, 1981.`_ . - _ costs. Ms. Wilde presented a resolution for council consideration which-would authorize such and recommended that-the resolution: be amended 'to state the-time .~ for the bid award at 5:30 p.m. on December 16, 1981. _ Lawrence Wozniczka, 6744 Wentworth, expressed concern regarding-the feasibility-- - 'of the financing for this project. Motion by Ludeman, seconded by Bunce that the following resolution, as amended, _ '''be adopted;`,-that it be spread in the resolution book and that it be made a part of these minutes:. -- RESOLUTION N0. 6538 RESOLUTION PROVIDING FOR. THE ISSUANCE' AND SALE OF GENERAL OBLIGATION REDEVELOPMENT -BONDS OF 1981. - Poll of votes: -.Ayes - Bunce, Collins, Hassenstab, Ludeman, Priebe. Nays - None. ;; Carried. -This resolution appears as Resolution No.-6538 in Resolution Book No, 47. 15. Approval of Developer's Agreement with Richfield State Agency for Proposed -Improvements City Manager Nollenberger presented for-city.council approval the ;developer's agreement-between the Richfield State Agency and the HRA for development of. the site surrounding the Richfield Bank & Trust. On November 16, the HRA gave approval of this agreement and requested. that the city council approve placing the money for acquisition of the Lyndale Avenue-easements, adjacent to the project site, in an interest bearing, account which would be paid to the developer if construction of the improvements have been completed by December 31, 1985. He asked that the city council approve the-city portion of the developer-'s agreement relating to placing this money in an interest-bearing account. Motion by Ludeman, seconded by Hassenstab to approve the developer's agreement with the Richfield State Agency and the HRA All ayes - Carried. '~~Council Meeting Minutes -13- November 23, 1981 16. L/H/N Pedestrian Element Report City Manager Nollenberger presented the 'staff report .relating to pedestrian needs in the L/H/N redevelopment area. Lawrence Wozniczka, 6744 Wentworth, described the need for an adequate "pedestrian system. Motion by Hassenstab, seconded by Ludeman to accept the staff report contained in Council Letter No. 411, `:All ayes - CaXried. 17. Consent.Calendar Motion by Bunce, seconded by Ludeman that the following items be approved: A. Setting Date of Hearing for Liquor License Renewals - CL _4.12 Schedule a public hearing for the renewal of on-sale and Sunday liquor licenses t, for the Ground Round Restaurant, The Godfather,Inc. and .the Consol Corporation. B. Purchases in Excess of $1,000 - CL 413 ' Utility Billing Envelopes. Authorize the purchase of two types of envelopes, mailing and return, in ,..quantities of 100,000 each,' from Tension Envelope Co. for a total amount of $1,847. Lyndale Avenue CP 7052~Repair Broken Electrical Conduit Authorize PCI Construction Co. to repair broken conduit for an estimated expenditure of $2,OOQ. This work is under warranty end the cost of repairs will be billed to Victor Carlson Construction Co. Patching of Parking.-Lots - Trestman Music and Ahlguist Properties Authorize Bituminous Roadways to perform overlay of parking lots of Trestman Music and Ahlquist properties, as requested by the owners. Trestman property will be assessed $2,000 and the Ahlquist property will be assessed $1.,500. The total approximate cost will be $6,200 and .charged to CP 7052.. " Council Meeting Minutes -14-. -- :November 23y C. Paymenti and Estimates ' .Estimate No. 9, City Project No. '749,'-Adams Hil l general.,,cgnstruction - 95% complete - $18,640.04 D. Claims and Payrolls - RICHFIELD BANK & TRUST Checks 2410/5299 General $ 419,177.24 Checks 76540/76872 Payroll - 187,934.17 - SUMMIT STATE BANK Checks 64090/b4123 2,020,983.22 All ayes - Carried.- -- - 18. Discussion Item - Charter Amendment City Manager Nollenberger described information he-had provided to the. }~ Charter Commission describing operation difficulties of`the Charter provision regarding Purchases in Excess of $1,000. . City Attorney LeFevere described. another Charter provision saying that ordinance amendmets must show deleted information in brackets and suggested that a better, more-readable way to amend ordinances is to line through the deleted portions. The city council agreed to recommend such to the Charter :;, ;. Commission. 19. Adaournment Motion by Hassenstab, seconded by Bunce that the meeting adjourn. -All ayes..- Carried. Time: 12:41 a.m._ November 24, 1981. Date Approved: December 14, 1981 J. ~~~~ yc L. Wilde Acting City Cierk 1981 Mayor Karl Nollenberger City Manager