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04-26-1982CITY OF RICHFIELD REGULAR CITY COUNCIL MEETING April 26, 1982 The city council of the City of Richfield met in regular session in the council chambers of the city hall on April 26, 1982, at 7:00 p.m. The meeting was called to order by Mayor John Hamilton at 7:05 p.m. Present: Bunce, Hassenstab, Kirsch, Ludeman, Hamilton The Spartan 4-H Club presented the colors. Councilmember Ivan Ludeman ffiave the invocation. 1. Approval of ,Minutes of Special .Meet 1. and f Motion by Hassenstab, seconded by Bunce that the minutes of the special meeting of April: 1, and the regular meeting of April 12, 1982, be approved as presented. All ayes - Carried. 2. Respect for Law Week Proclamation Presented to Optimist Club Mayor Hamilton presented six members of the Optimist Club with a proclamation in recognition of "Respect for Law Week" which will be observed the first week of May. 3. Presentation by Precinct Boundaries Committee for Changes in Precinct Lines Mayor Hamilton introduced Mr. Wes Borgeson, chairman of the Redistricting Committee. Mr. Borgeson explained the ramifications of the legislative boundary changes which bisect some of the precincts adopted in February. Discussion ensued regarding the new polling locations that are recommended as a result of this redistricting. Sue Sandahl, a member of the Redistricting Committee, suggested that Richfield High School be considered as a polling place for Precinct 7. Motion by Kirsch, seconded by Hassenstab to accept the revised plan for precincts and polling places and 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. 6595 RESOLUTION ESTABLISHING BOUNDARIES OF ELECTION PRECINCTS City Council Meeting -2- April 26, 1982 Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Hamilton. Nays - None. Carried. This resolution appears as Resolution No. 6595 in Resolution Book No. 48. Mayor Hamilton presented the members of the Redistricting Committee with Certificates of Appreciation. 4. Opportunity for Citizens to Address the City Council Gordon Anderson, 7501 Elliott, spoke about the recent Mayor's Prayer Breakfast and expressed his concern that this was a violation of the separation of Church and State. He also remarked about the costs incurred but pointed out that the city was reimbursed by the Prayer Breakfast sponsors for the costs. 5. Council Approval of Agenda Motion by Hassenstab, seconded by Ludeman to approve the agenda as presented. All ayes - Carried. 6. On-Sale Wine License and Nonintoxic City Manager Nollenberger intoduced the application of the Inn'/.Airport, 7640 Cedar Avenue, for on-sale wine and nonintoxicating malt liquor licenses. He said the necessary background investigation has been completed and that there were no existing conditions which would prohibit the renewal of these licenses. Mr. Robert J. Prest, manager of the establishment, was present and answered the council`s questions. Motion by Bunce, seconded by Hassenstab to close .the hearing. All ayes - Carried. Motion by Bunce, seconded by Hassenstab to approve the renewal of the on-sale wine and nonintoxicating malt liquor licenses for The Inn. All ayes - Carried. 7. Ordinance Amendment Relating to Sale of Beer in City Parks. Second Reading. City Manager Nollenberger reviewed the background of this ordinance amendment relating to the consumption of beer in the city parks. The mayor opened the public City Council Meeting -3- April 26, 1982 hearing and invited interested citizens to express their views on the subject. Robert Tripanier, 800 West 65th Street, past commander of the VFW, cited the positive reports received of their family picnic last year in Augsburg Park when beer was served. He said the VFW was against this restrictive ordinance. VFW Commander Frank Vosseen, Bloomington, expressed his opposition to revising the existing ordinance. George Griebenow, 5608 Code Avenue, Edina, spoke of the proud heritage of community service the VFW has. He spoke against this ordinance and said it will be difficult to enforce. Sue Sarver, 7345 Wentworth, said she lives two blocks from Augsburg Park and noted nothing irregular during last year's VFW picnic. Darla Hoskins, 7233 Wentworth, said no annoyances have resulted from controlled beer picnics and she would support allowing beer in parks. Jerry Sheffield, 4812 32nd Avenue, Minneapolis, said "freedom of choice" is at stake; that he can have beer in Minneapolis parks and asked that the ordinance be left in its present context. Gordon Anderson, 7501 Elliot Avenue, cited occasions when churches hold picnics serving beer and that a "freedom of choice" should remain. Speaking in opposition to serving of beer in parks were the following: Cora Vizecky, 7308 4th Avenue Rita Wuerflein, 6701 4th Avenue Kermit Randall, 6814 Oliver Cary Bliese, 7232 Penn Jay Fowler, 6916 Fenn Avenue, asked if this ordinance is general or alluded to any particular organization. City Attorney LeFevere said the ordinance is general and that Councilmembers Ludeman and Bunce's memberships in the VFW and American Legion do not reflect a conflict of interest. City Council Meeting -4- April 26, 1982 Motion by Kirsch, seconded by Hassenstab to close the hearing. All ayes - Carried. Councilmember Bunce made a statement about the American way, the Fourth of July parade, Iranian repression and other items relating to his view on supporting the serving of beer in the parks. Councilmember Hassenstab remarked on differences between individual and group behaviors and that this issue should be looked at from a point of reason. Councilmember Ludeman read a letter from Clifford Larson, 6938 Stevens, speaking about alcoholism, (C-125) Bill 1982-8, "An Amendment to Chapter IV, Section 4.17 of the Richfield Ordinance Code", dealing with the sale and consumption of beer in the city parks, was read and reviewed by City Attorney Clayton LeFevere, the same being on file in the office of the city clerk. (C-122) Motion by Kirsch, seconded by Ludeman that this constitute a second reading of Bill 1982-8; that it be published in the official newspaper and that it be made a part of these minutes. Poll of votes: Ayes - Hassenstab, Kirsch, Ludeman, Hamilton. Nays - Bunce. Carried. 8. Request from VFW to Sell Beer in City Park Jerry Sheffield, 4912 32nd Avenue, Minneapolis, indicated the VFW was withdrawing their request in light of the previous action of the city council. 9. Transitory Ordinance Providing for the 65th and 66th Streets. Second Readins - s City Manager Nollenberger reviewed the history of this project of the Hub/ Summit/Penny's PUD plan that was approved by the city council in February, 1979. Community Development Director Dennis Kraft described the proposed Hub development and reviewed the Phase II improvements, as outlined in Council Letter No. 136. He discussed revisions proposed in the parking lot and to the exteripr City Council Meeting -5- April 26, 1982 of the empty Sibley building which will be occupied by Marshall's of Chicago. Richard Neiman, vice president of United National Corp., owners of the Hub, was present and provided additional information regarding the development and responded to questions from the council and the audience. Bi11 1982-10, Transitory Ordinance No. 16.98, "An Ordinance Providing for the Vacation of a Fortiori of Pillsbury Avenue South", was read and reviewed by City Attorney Clayton LeFevere, the same being on file in the office of the city clerk. (C-124) Motion by Ludeman, seconded by Bunce that this constitute a second reading of Bill 1982-1d; that it be published in the official newspaper after receipt by the city of a letter from United National Corp. indicating a lease has been signed by Marshall's of Chicago; and that it be made a part of these minutes. Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Hamilton. Nays - None. Carried. Motion by Ludeman, seconded by Kirsch that the revised final development plan and special use permit be approved subject to the following stipulations as outlined in Council Letter No. 136: 1. The design details of all new signs should be approved by city staff; 2. All transformers be protected as per city code and screened when visible to the public; 3. An easement or agreement acceptable to the Metropolitan Transit Commission be given for buses to use the traffic lanes through the Hub parking lot between 65th and 66th Streets; 4. Easements be provided for the relocated water and storm sewer lines to be constructed at United National expense; 5. The United National Corp. provide a performance bond or other acceptable security; i 6. Parking aisle changes in the south parking lot be studied to provide smoother traffic flow; City Council Meeting -6- April 26, 1982 7. Visibility problems at the westerly curb cut to the United National Corp. property on 65th Street be corrected as approved by city staff; 8. United National Corp. agree to install a major customer entrance on the north side of the building formerly occupied by Sibley's and proposed to be occupied by Marshall's with the entrance consisting of double glass doors with a minimum width of six feet for the two doors combined. 9. The new facade and canopy improvement for the Hub Shopping Center shall extend from the Korner Plaza store eastward and northward to include all the stores in the center including the Godfather Pizza business. The final design approval of the facade and canopy will meet the L/H/N Design Guidelines and be submitted for approval of the city staff. Building permits for both the facade/canopy improvements and the north side building expansion shall be applied for and granted at the same time with construction occurring simultaneously except that the facade/canopy need not be constructed on building frontage where United National is unable to secure tenant approval until such approval can be obtained. 10. United National Corp. improvement plans for All ayes - Carried. Motion by Ludeman, se. adopted; that it be spread these minutes: shall submit final parking lot layout and site approval by city staff, :onded by Hassenstab that the following resolution be in the resolution book and that it be made a part of RESOLUTION N0. 6596 RESOLUTION APPROVING LAYOUT AND CONTRACT FOR OFF STREET PARKING IN ACCORDANCE WITH APPLICATION N0. CONTRACT N0. United National Corp. Location: Hub Shopping Center 66th Street & Nicollet Avenue Use: Phase II Hub PUD Final Development Plan Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Hamilton. Nays - None. Carried. This resolution appears as Resolution No. 6596 in Resolution Book No. 48. Council recessed at 9:40 p.m. and reconvened at 9:45 p.m. 10. Ordinance Amendment Relating to Subdivision Regulations City Manager Nollenberger presented two ordinances relating to subdivisions for council review. Community Development Director Kraft advised that this ordinance would allow common wall subdivisions to occur if certain specified conditions are met. He City Council Meeting -7- April 2b, 1982 reviewed the conditions which must be present for a variance to be granted, as Listed in Council Letter No. 127, that the site is located in the proper zoning district; that all necessary special use permits and apartment use permits have been obtained; and that the proposal meets all zoning ordinance requirements. Mr. Kraft remarked that if this ordinance passes, housing ownership will become more accessible to more Richfield families. Bi11 1982-11, "An Amendment to Chapter III, Part IV of the Ordinance Code of the City of Richfield", relating to density of population within the city, was read and reviewed by City Attorney Clayton LeFevere, the same being on file in the office of the city clerk. (C-126) Motion by Bunce, seconded by Hassenstab that this constitute a first reading of Bill 1982-11; that it be published in the official newspaper and that second reading of this ordinance amendment b~ scheduled for May 10, 1982. Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Hamilton. Nays - None. Carried. Bi11 1982-12, "An Amendment to Chapter III, Part VI of the Ordinance Code of the City of Richfield", relating to regulating the platting and subdividing of land, was read and reviewed by City Attorney Clayton LeFevere, the same being on file in the office of the city clerk. (C-127) Motion by Bunce, seconded by Hassenstab that this constitute a first reading of Bill 1982-12; that it be published in the official newspaper and that second reading of this ordinance amendment be scheduled for May 10, 1982. Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Hamilton. Nays - None, Carried. 11. Liquor License - Godfather, Inc., 66th and Lyndale At the time the city council granted a provisional on-sale ligour, Sunday liquor and tavern license to the Godfather, Inc. for 1982, they had requested a status report on the restaurant's operations. City Manager Nollenberger reviewed City Council Meeting -8- April 26, 1982 the status report which indicated that the applicant had initiated all of the actions requested by the city council but that it was too early to analyze the impact. John Anzevino, owner of the Godfather, Inc., praised the relations between the Public Safety Department and the restaurant and said there has been a reduction in police calls. Motion by Bunce, seconded by Hassenstab to continue this license through the remainder of the year and request the Public Safety Director to provide another status report to the council the first meeting in August. A11 ayes - Carried. 12. City Facility Use Policy Community Services Director Fondrick reviewed the new facility use policy for all of the city owned facilities, as outlined in Council Letter No. 132. The new fee structure has been updated to reflect current costs for provisions of these facilities to groups and organizations wishing to rent. Mr. Fondrick said the city needs to break even financially and the fee of $6.50 per hour for a room was the break even point, however, nonprofit groups will be charged $4.00 per hour since the full $6.50 would be a tremendous increase all at once. Motion by Bunce, seconded by Hassenstab to revise the roam rental fees as stated in the resolution to reflect a $4 per hour room rent for nonprofit groups and $6.50 per hour fee for churches. All ayes - Carried. Motion by Bunce, seconded by Hassenstab 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. 6599 CITY FACILITIES USE POLICY Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Hamilton. Nays - None. City Council Meeting -9- April 26, 1982 Carried. This resolution appears as Resolution No. 6599 in Resolution Book No. 48. 13. Planned Unit Develo went - Derrick Development (Godfather Block) City Manager Nollenberger presented the request of Derrick Land Company for a planned unit development plan, rezoning, preliminary plat and variances. He requested Community Development Director Kraft to provide information regarding the development. Mr. Kraft said the Derrick Land Company is proposing to build a mixed use development on the block bounded by 65th Street, 66th Street, Lyndale and Graham Avenues, known as the Godfather Block. As outlined in Council Letter No. 131, the developer plans the following: 1. 191,000 gross square feet of office/commercial space on three levels. on the south and eastern portion of the site. Z. 357,316 gross square feet of multiple family residential development in three towers providng 288 semiluxury condominium dwelling units on 12 floors on the north and western portions of the site. 3. A five level 590 car public parking ramp adjacent to 65th S-treet. 4. A separate two-level residential parking ramp to handle 300 cars under the residential towers. 5. Exterior plazas, walkways and park areas along the streets. Richard Krier, Westwood Engineering, reviewed plans for the development and answered questions from the council. Ken Brown, 6520 S. Lyndale, owner of Kenny's Yamaha, asked about the future of his business. City Manager Nollenberger indicated that a developer's agreement must be signed between the HRA and Derrick before any timeframes can be set. He said no commitments can be made by the city until that time. Mark Ahlquest, chairman of the Planning Commission, spoke about curb cuts by the liquor store at 65th and Lyndale. Bill 1982-13, "An Amendment to Appendix C of the Ordinance Code of the City of Richfield, Minnesota", defining the boundaries of the various zoning districts City Council Meeting -10- April 26, 1982 of the city enumerated in Chapter III, was read and reviewed by City Attorney Clayton LeFevere, the same being on file in the office of the city clerk. (C-128) Motion by Ludeman, seconded by Kirsch that this constitute a first reading of Bill 1982-13. Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Hamilton. Nays - None. Carried. Motion by Ludeman, seconded by Kirsch to approve the PUD plan and special use permit subject to the following stipulations listed in Council Letter No. 131: 1. That the 35 additional parking stalls be provided through restriping or use of compact car spaces; 2. That a fire protection system meeting applicable existing fire, health and safety codes be approved by the Assistant Fire Chief. 3. That the liquor store south parking lot be clearly signed for one-way traffic. All ayes - Carried. 14. BMX Policy Community Services Director Fondrick reviewed the policy relating to Bicycle Moto-Cross (BMX), as set forth in Council Letter No. 133. He noted that the Community Services Department had recommended that no change be made in their fee policy. Doug Waller, 7236 Oak Grove Boulevard, spoke on behalf of the BMX interests and said Richfield has the best track in the Twin Cities, therefore, more races are scheduled there. Motion by Ludeman, seconded by Bunce to continue the present fee policy for one year. Poll of votes: Ayes - Bunce, Kirsch, Ludeman, Hamilton. Nays - Hassenstab. Carried. 15. Status of City Project 705, L/H/N Public Improvements City Manager Nollenber presented a status report of the L/H/N public improvement, City Council Meeting -II - April 26, 1982 as outlined in Council Letter No. 114. He indicated that sufficient funds remain to complete the irrigation aspects of the project, as well as the improvements to Richfield Lake and he recommended that the city council authorize the staff to proceed with the irrigation project and the Richfield Lake project. Motion by Ludeman, seconded by Kirsch 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. 6600 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR CITY PROJECT 7054, LHN IRRIGATION Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Hamilton. Nays - None. Carried. This resolution appears as Resolution No. 6600 in Resolution Book No. 48. City Manager Nollenberger also noted that a new bike pathway could be designed in conjunction with the project. for an estimated cost of $180,000 and that there is adequate funding to complete this aspect of the project. Motion by Bunce, seconded by Hassenstab to amend the overall CP 705 budget to include the irrigation and pathway projects. All ayes - Carried. 16. Request to Solicit Consultant Proposals for a Market Study of Cedar Avenue Liquor Store Site City Manager Nollenberger suggested that the city solicit proposals for a market analysis of the Cedar Avenue Liquor Store site as the property is underutilized. Motion by Ludeman, seconded by Bunce to authorize the staff to solicit proposals for a market study of the Cedar Avenue Liquor store. All ayes - Carried. 17. Claims and Fayxolls Motion by Bunce, seconded by Kirsch that the following claims and payrolls be approved: City Council Meeting RICHFIELD BANK & TRUST Checks 2759/57473 General Checks 80088/80399 Payroll SUMMIT STATE BANK Checks 64396/64427 All ayes - Carried. $ 476,503,99 195,858.37 $1,493,240.19 18. Consent Calendar Motion by Ludeman, seconded by Hassenstab that the following items be approvede A. Authorization to Submit Grant Application Authorize submission of preliminary grant applications to the Metropolitan Council and Minnesota Department of Economic Development for park and outdoor recreation grants for fiscal year 1983. B. Purchases in Excess of $2,500 Fireworks Authorize purchase of $4,500 in fireworks from American Fireworks Display Co. Bleachers Authorize purchase of bleachers from Earl F. Andersen & Assoc. in the amount of $2,639.60 for the new bleachers for East Little League. Tandem Trailer Authorize the purchase of a tandem trailer from Fischer Manufacturing in the amount of $4,274. C. Minutes, Tabulation of Bids, Award of Contract Award the contract to MacQueen Equipment, Inc. type street sweeper with a base bid of $70,570 less for a total net purchase of $57,900. D. Minutes, Tabulation of Bids, Award of Contract Award the contract, authorizing the city manage -12- April 26, 1982 for Street Sweeper for a three-wheel mechanical a trade-in amount of $12,670 for Lift Station ar and mayor to execute the