Loading...
05-10-1982CITY OF RICHFIELD REGULAR CITY COUNCIL MEETING May 10, 1982 The city council of the City of Richfield met in regular session in the council chambers of the city hall on Monday, May I0, 1982, at ?:00 p.m. The meeting was called to order by Mayor John Hamilton at 7;02 p.m. Present; Bunce, Hassenstab, Kirsch, Ludeman, Hamilton Mayor Hamilton led the Pledge of Allegiance. 1. Approval of Minutes of A and April 26 1 26 Motion by Hassenstab, seconded by Ludeman to amend Page 5 of the April 26, 1982 minutes of the regular meeting by adding "All ayes - Carried". . All ayes - Carried. Motion by Hassenstab, seconded by Ludeman to approve the minutes of the special meetings of April 21, and 26, 1982, and the amended minutes of the regular meeting of_Apri1 26, 1982. All ayes - Carried. 2. Proclamation for Better Hearing and Speech Month Mayor Hamilton read a proclamation declaring the month of May as "Better Hearing and Speech Month". Frank Johnson, former member of the Senior/Handicapped Citizen Advisory Commission, and John Takekawa, present Commission chairperson, were present to receive the proclamation. 3. Consideration of Outdoor Municipal Swimming Pool Passes City Manager Nollenberger reviewed the charges for swimming admissions and the attendance figures since the pool opened in 19b3, as outlined in Council Letter No. 162. He also noted that the pool operation has been subsidized by approximately $40,000 to $50,000 annually. Jane Koenig, 6809 Wentworth, said the current schedule would discriminate against families. She presented a petition with approximately 200 signatures (C-129) . protesting the fee of $30 for 40 tickets. Council Meeting Minutes -2- May 10, 1982 Phoebe Nelson, 6805 Knox, said she was opposed to elimination of family tickets. Mayor Hamilton briefed the audience on the general state of the economy as it impacts the cities, schools and personal finances. He reaffirmed the council's interest and concern for the city's young people and the regrets of the staff to enforce these necessary cut-backs. Motion by Hassenstab, seconded by Ludeman to adopt the following pass system for the 1982 season: $23 single season pass $32 for two family members, with a $5 charge for each additional family member up to amaximum of $S2 for a family • Each purchaser of season passes will be issued patches which must be worn on the swimming suit to gain admittance to the pool. All ayes - Carried. 4. Indoor Swimming Pool .Cost Report City Manager Nollenberger indicated that, after discussing the city's race in administering and subsidizing the outdoor pool, he thought it prudent to next address the related issues for the indoor pools at East and West Middle schools. He cited the costs involved in maintaining the indoor pool for 19 hours swimming per week and the staff recommendation that the city council retain its February decision to eliminate the summer indoor swimming program at West Middle School. He said the YMCA on the west edge of Richfield had been mentioned as a viable alternative for indoor pool swimming. Mayor Hamilton said he wishes to keep the pool open some of the time this year to be fair to the public with the knowledge that it may not be possible in 1983. Community Services Director Don Fondrick responded to council 4uestions regarding the use of the wading pool and large pool. r~ l Representatives from the Richfield Swim Club were present at the meeting. Walte Hopp, 7633 Elliot, treasurer of the club, said he was surprised by the change of Council Meeting Minutes -3- May 10, 1982 events with the pool at city/school levels. Diane Meyer,~7545 Emerson, spoke in support of the pool staying open daily and said she wished it could be open on weekends. Motion by Ludeman, seconded by Hassenstab to maintain the pool for 2 hours a day, five days a week at a fiat rate fee of $150 for each swim period. All ayes - Carried. 5. Discussion of BMX Policy City Manager Nollenberger indicated that, at the request of the city council, Jack Doherty, sponsor of the BMX races at the Richfield track, was present to answer council questions regarding the BMX operation. Mr. Doherty, president. of Midwest. BMX, talked about the racing as a family sport that was started in Owatonna, Minnesota in 197.9. He provided information regarding the number of events planned, the number of people expected to attend these events and the amount of insurance coverage in force on each race. Community Services Director Fondrick said Mr. Doherty will need to give the staff definite dates for his events in advance to avoid conflicts and that he has not yet applied for concession licenses. Mayor Hamilton directed Mr. Doherty to coordinate his plans with Mr. Fondrick and the Community Services Commission as soon as possible. 6. .Opportunity for Citizens to Address the Cit Council Richard Novak, 7632 Bloomington, asked what was happening to the old Robert Hall store. He .said it is in bad repair and an eyesore. Len Christensen, 6515 11th Avenue, said he wished to address the Comprehensive Plan. He was advised that it was on the agenda and would be discussed later. Cliff Phernetton, 6621 1st Avenue, said a general cleanup is needed along the hedge by the Red Owl store. Council Meeting Minutes -4- May 10, 1982 7. Council Approval of Agenda City Manager Nollenberger presented an extra item relating to the adoption of an assessment on City Project 705 - Steinmetz Property, for the consent calendar. Motion by Ludeman, seconded by Bunce to approve the agenda as amended. All ayes - Carried. 8. Request for Special Use Fermit to Construct Drive-Thru Service. Window, Arby's Restaurant, 6529 Penn Avenue City Manager Nollenberger reviewed the request of Arby's Restaurant, 6529 Penn Avenue, for a special use permit to allow construction of a drive-thru service window at the present location. Charles Nadler, representing Franchise Associates, was present and responded to council's questions. Motion by Ludeman, seconded by Kirsch to close the hearing. All ayes - Carried. Motion by Ludeman, seconded by Kirsch to approve this special use permit subject to the following stipulations listed in Council Letter No. 151: 1. Clearly visible "enter only" and "exit only" signs be installed at the: appropriate curb cuts; 2. The area adjacent to the north side of the building be clearly marked to prevent cars from parking in the area; 3. The seven angled parking stalls on the east edge of the site be marked for "compact car use only". All ayes - Carried. 9. Request for Variance to Construct Fence on Morgan Avenue Right-of-Way, 1920 West 76th Street City Manager Nollenberger reviewed the request of Joe Rrzyzaniak, 1920 West 76th Street, for a variance to construct a 2.5 foot high rail fence along his property line abutting 76th Street. He indicated the planning staff and planning commission had recommended denial of this application; and he recommended approval of the variance. ~ 1 Council Meeting Minutes -5- May 10, 19$2 Mr. Krzyzaniak, the applicant, appeared to urge the council to approve this request. He said the fence would reduce trespassers on his property. He thanked the councilmembers for visiting his property to look at his situation. Motion by Bunce, seconded by Kirsch to close the hearing. All ages - Carried. Motion by Kirsch, seconded by Bunce to grant the variance subject to the following stipulation, as listed in Council Letter No. 146: That the applicant enter into an agreement with the city to hold the city harmless from damage to the fence and for costs or removal or relocation if the right-of-way is needed at a future date. _ Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Hamilton. Nays - Ludeman. Carried. Mr. Ludeman indicated he was concerned about future insurance and liability problems of fences on city owned right-of-way. 10. S r Variance to the to Construct S City Manager Nollenberger reviewed the request of Timothy Luy for a variance to reduce the minimum frontyard setback from 30 feet to 23.5 feet in order to construct a second story addition to his home at 6624 4th Avenue. The city manager and planning commission had recommended in favor of the variance. Mr. Luy, the applicant, appeared in support of his proposal. Harold F~elstad, 6616 4th Avenue, a neighbor of Mr. Luy, spoke in favor of this improvement. Motion by Hassenstab, seconded by Ludeman to close the hearing. A11 ayes - Carried. Motion by Kirsch, seconded by Ludeman to grant this request for variance. A11 ayes - Carried. Council Meeting Minutes -6- May 10, 1982 11. Re nest for Variance to streetside Setback to Construct Gara a 6400 Bloomin to City Manager Nollenberger presented the request for variance to reduce the required streetside setback requirements for a corner lot of Willis and Jeannine Peterson, 6400 Bloomington. The applicant wishes to remove an existing 14 x 24 foot garage located on city right-of-way and construct a new 22 x 24 foot garage five feet back from the right-of-way rather than the required fifteen feet. Mr. and Mrs. Peterson, the applicants, appeared in support of their proposal. They told of their difficulty in driving into their garage with the present location of the garage. Rosemary Riga, 6344 Bloomington, spoke in favor of the Petersons•approval. Motion by Ludeman, seconded by Bunce to close the hearing. All ayes - Carried. Herb Ketchum reported on the planning commission deliberations on this application and their negative recommendation. The city manager recommended in favor of the variance. Motion by Ludeman, seconded by Kirsch to grant this variance to the required streetside setback requirements. All ayes - Carried. 12. Closing of Augsburg Avenue at Lyndale Avenue and 71st_Street Between L dale Avenue and Augsburg Avenue City Manager Nollenberger reviewed the deliberations of the planning commission as to the feasibility of vacating the portion of 71st Street between Lyndale Avenue and Augsburg Avenue. He indicated that Oak Grove Lutheran Church has offered to donate a small triangle of land lying south of 71st Street to the city and that the planning commission was asked to also consider closing of access to Augsburg Avenue between Lyndale and 71st Street. As presented in Council Letter No. 161, Council.. Meeting Minutes -7- May I0, 19$2 the city has no interest in acquiring this additional property and the church had requested that the city not close 71st Street. Councilmember Hassenstab stated that, for the record he wished to express in a motion the fact that Oak Grove Church has withdrawn their request for the closing of 71st Street between Lyndale and Augsburg Avenues. Motion by Hassenstab, seconded by Ludeman to note in the record that Oak Grove Lutheran Church has withdrawn their request for the closing of 71st Street between Lyndale and Augsburg Avenues. All ayes - Carried. The council continued to discuss closing off the Augsburg Avenue/Lyndale Avenue intersection. Ken Johnson, 7412 Bryant, asked about a one-way road going north and emergency 1 access on Augsburg. Ered Amram, 7026 Lyndale, described traffic conditions on Augsburg and said he was not desirous of attracting additional traffic to his corner. Robert Hall, 7309 Oliver, spoke about traffic safety. Motion by Bunce, seconded by Ludeman to close the hearing. All ayes - Carried. Motion by Ludeman, seconded by Bunce to close Augsburg Avenue, but that the right-of-way be maintained under public ownership, and to create a cul-de-sac at the end of the street. A11 ayes - Carried. Council recessed at 9:00 p.m. and reconvened at 9:07 p.m. 13. Adoption of the Comprehensive Plan City Manager Nollenberger opened the public hearing to consider formal adoption of the draft comprehensive plan. He reported on the three neighborhood meetings Council Meeting Minutes -8- May Z0, 1982 . that have been held to provide information sharing and discussion between city residents and city staff. He called upon Community Development Director Kraft to provide historical data of the last four years of the development of the Compre- pensive Plan. Mr. Kraft spoke of the many concerns voiced at neighborhood meetings over the years and that the most common concern was that duplexes would be built along major arterial streets. He noted that Richfield still remains predominantly single family residential in character. Len Christensen, 6513 11th Avenue, spoke in support of the plan and said that his neighbors are interested in preserving open space in the southeast corner of the Legion Lake area. Bert Hinstrom, 7621 Bloomington, and Herb W. Olson, 6638 ist Avenue, asked questions about the plan. David Putrich, 7601 Thomas, commended the Comprehensive Plan in general and asked how long it would be in effect. Mr. Kraft responded that it remains in effect until amended; there is no fixed time period; and the last plan lasted nine years. Mr. Kraft recommended one housekeeping change be made in the Comprehensive Plan, as outlined in Council Letter No. 156, Figure 72 (bikeway plan) bound on page 216 should be changed to show a Class 111 bikeway along~68th Street between Lyndale Avenue and Pleasant Avenue. Motion by Hassenstab, seconded by Ludeman to amend the plan for the bikeway system on 68th Street as discussed, and delete the freeway strip land use for the parcel immediately west of Washington Park and designate it as multiple residential. All ayes'- Carried. Motion by Hassenstab, seconded by Ludeman to close the hearing. All ayes - Carried. Council Meeting Minutes -9- May 10, 1982 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. 6607 RESOLUTION ADOPTING A COMPREHENSIVE PLAN Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Hamilton. Nays - None. Carried. This resolution appears as Resolution No. 6b07 in Resolution Book No. 48. 14. Amendment t ion Ordinance Rela Subdivisi~ tion. Size e and Height o City Manager Nollenberger presented two ordinances for city council second reading approval. These ordinances relate to the platting and subdividing of land and the height and use of buildings in the city. They would allow duplexes to be subdivided and owned by two separate parties. Motion by Bunce, seconded by Ludeman to close the hearing. AlI ayes - Carried. Bill 19$Z-12, "An Amendment to Chapter III, Part VI of the Ordinance Code of the City of Richfield", 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 Ludeman that this constitute a second reading of Bill 1982-12; that it be published in the official newspaper and that it be made a part of these minutes. Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Hamilton. Nays - None. Carried. Bi11 1982-11, "An Amendment to Chapter III, Part IV_ of the Ordinance Code of the City of Richfield", relating to the location, size, use and height of buildings, the arrangement of buildings and lots and the density of population Council Meeting Minutes -10- May i0, 1982 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 Ludeman that this constitute a second reading o~f Bill 198.2-11; that it be published in the official newspaper and that it be made a part of these minutes. Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Hamilton. Nays - None. Carried. 15. Dedication of 75th Street between Penn Avenue and Sheridan Avenue City Manager Nollenberger reviewed the request received from St. Richard's Catholic Church to consider opening up 75th Street between Penn Avenue and Sheridan Avenues. St. Richard's has requested this to improve traffic flow around their property and the safety of their parking lot and playground. The school district owns the property on both sides of the roadway, and in order for the roadway to be opened as a public street, it would be necessary for the school board to dedicate the right-of-way to the city. Also, since Lincoln Hi11s School will be closed after this school year and the city is evaluating the building for housing possibilities, the city manager recommended that no action be taken at this time. Motion by Bunce, seconded by Kirsch to close the hearing. All ayes - Carried. Motion by Ludeman, seconded by Kirsch that the city not pursue the reopening of 75th Street between Penn Avenue and Sheridan Avenue because of the uncertain status of Lincoln Hi11s School. All ayes - Carried. 16. Request for Special Use Permit, Request for Wine License, Kenny's Family Restaurant, 6700 Penn Avenue. ,(Request for Continuation to June 14) City Manager Nollenberger advised that the planning commission, at its April 27, meeting, deferred consideration of this item to their May 25, 1982 1 ~I Council Meeting Minutes May 10, 1982 meeting, so he recommended this hearing be continued to June 14, 1982. Motion by Hassenstab, seconded by Ludeman to continue these hearings to the June 14, 1982 city council meeting. A11 ayes - Carried. 17. Ordinance Amendment Relating to Bingo and Other Authorized Gambling Activities. First Reading. City Manager Nollenberger presented an ordinance amendment relating to bingo and other gambling activities for city council first reading consideration. He advised that the 1982 Minnesota Legislature has amended the state statutes relating to bingo and other authorized gambling activities and this ordinance amendment will bring our ordinance into conformance with the new state statutes. He'reviewed the amendments to the ordinance as outlined in Council Letter No. 142. Bill 1982-14, "An Amendment to Chapter V, Part II, Section 5.19 of the Ordinance Code of the City of Richfield", relating to regulating and licensing certain bingo and gambling activities, was read and reviewed by City Attorney Clayton LeFevere, the same being on file in the office of the city clerk. (C-130) Motion by Bunce, seconded by Hassenstab that this constitute a first reading of Bill 1982-14; that it_be published in the official newspaper and that second reading of this ordinance amendment be scheduled for June 14, 1982. Po 11 of votes: Ayes - Bunce, Hassenstab, Ludeman, Hamilton. Nays - Rirsch. Carried. ls. tin to -11- of Minors in Establishments City Manager Nollenberger reviewed ordinance amendments relating to the serving of minors in establishments serving intoxicating and nonintoxicating malt liquors. He indicated that there is a different standard for 3.2 beer licenses than for wine and/or liquor licenses and the differing criteria creates administrative burdens for the Public Safety Department and the business establisments. These amendments will bring continuity between these ordinances. Council Meeting Minutes -12- May 10, 1982 Bill 1982-15, "Amendment to Chapter RI, Section 11.06 of the Ordinance Code of the City of Richfield", relating to the regulation and licensing the on-sale sale of intoxicating liquor, was read and reviewed by City Attorney T.eFevere, the same being on file in the office of the city clerk. (C-131) Motion by Bunce, seconded by Kirsch that this constitute a first reading of Bill 1982-15; that it be published in the official newspaper and that second reading of this ordinance amendment be scheduled for June 14, 1982. Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Hamilton. Nays - None. Carried. Bill 1982-16, "Amendment to Chapter KI, Section 11.02 of the City of Richfield", relating to the licensing and regulating the sale of nonintoxicating malt liquor, was read and reviewed by City Attorney LeFevere, the same being on file in the office of the city clerk. (C-132) Motion by Bunce, seconded by Kirsch, that this constitute a first reading of Bill 1982-16; that it_be published in the official newspaper and that second reading of this ordinance amendment be scheduled for June 14, 1982. Po11 of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Hamilton. Nays - None. Carried. 19. 76th Street_ Traffic Report City Manager Noilenberger reviewed previous discussions on 76th Street traffic issues, as outlined in Council Letter No. 163. Community Development Director Kraft summarized the meetings held with the Department of Transportation officials and neighboring communities. He encouraged private citizens to construct buffering along 76th Street. He indicated that a public hearing will be held later this month on issues relating to traffic issues around Highway 494 and France Avenue. Gertrude Ulrich, 7601 Aldrich, gave a historical background of the 76th 1 Street speed limit proposal. Council Meeting Minutes -13- May 10, 1982 Lee Gardner, representing Berea Lutheran Church on 76th at Emerson, expressed opposition to losing control signage on that corner. The city council reviewed the following eleven recommendations made by the 1 planning commission at their March 23rd_me_.et~ng: 1. 76th Street continue to be classified as a minor arterial. 2. Installation of additional speed limit signs b.e made to make people better aware of the 30 mile per hour speed limit. 3. Continued police enforcement of speed limits and the noise ordinance. 4. Elimination of "stop signs" on 76th Street to provide smoother traffic flow and reduced noise, air pollution and vibrations. 5. Monitoring the effects of new development in Edina on traffic volumes on 76th Street. Richfield should work closely with Edina to divert traffic from 76th Street wherever possible. 6. Lower speed limits for heavier vehicles such as trucks and buses to reduce noise and vibrations. -- - -- - ----- 7. Truck weight restrictions to eliminate heavier vehicles from using 76th Street and to reduce noise and vibrations. 8. Improving access to and from I-494 at Xerxes Avenue. A partial access and frontage road system between Penn Avenue and Xerxes Avenue is a possibility. 9. Bus routes should be analyzed in an effort to reroute dead-heading buses where possible. 10. Intersection improvements are necessary and planned on 76th Street at its intersections with Lyndale Avenue and Penn Avenue. 11. Fencing alternatives should be explained to property owners for their installation along with landscaping best suited for visual., noise and air pollution benefits. Motion by Hassenstab, seconded by Bunce to approve the recommendations presented by the planning comma~ssion except for Number 4 and 6 and with more information to be presented on Number 7. All ayes - Carried. Motion by Hassenstab, 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; Council Meeting Minutes -14- May 10, 1982 RESOLUTION N0. 6608 RESOLUTION ENDORSING IMPROVEMENT OF THE I-494/FRANCE AVENUE INTERSECTION Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Hamilton. Nays - None. Carried. This resolution appears as Resolution No. 6608 in Resolution Book No. 48. 20. City Facility Use Rental Policy City Manager Nollenberger provided clarification of the fee policy for the Community Center as related to ~~ts use by Southview Baptist Church, which had been requested by Councilmember Ludeman. He indicated that, under the newly adopted policy, the fees charged will be on a per room basis without regard to the number of people involved. 21. Discussion of FAA Desire. to Prohibit Local Governments from Restricting Aircraft Noise City Manager Nollenberger quoted from a recent speech made by J. Lynn Helms, -- - - - _ _ - - FAA Administrator, at Southern Methodist University Air Law Symposium in which he spoke of the FAA's desire to reverse the trend of curfews and other limitations on airport use that has been adopted across the country. Mr. Nollenberger recommended that the city council forward a letter to Mr. Helms and our federal legislators with suggestions in the areas of source noise reduction, area of operations and .the area of land use. Motion by Rassenstab, seconded by Bunce to direct that such a letter be sent to Mr. Helms and our legislators. All ayes - Carried. Robert Hall, 7309 Oliver, an airline employee expressed concern to the council for its decision on this item. He said local constraints might jeopardize airline growth and that every city has different standards which makes it difficult for airlines to comply. Council Meeting Minutes -15- May 10, 1982 22. Claims and Payrolls Motion by Ludeman,seconded by Hassenstab that the following claims and payrolls be approved; RICHFIELD BANK & TRUST Checks 2786/57744 General $ 551,982.41 Checks 80404/80728 Payroll 200,176.28 SUMMIT STATE BANK Checks 64428/73827 $1,465,018.21 All ayes - Carried. - 23. Consent Agenda Motion by Ludeman, seconded by Bunce that the following items be approved: A. Resolution Adopting Assessment on City Project 705 - Steinmetz Property RESOLUTION N0. 6606 RESOLUTION ADOPTING ASSESSMENT ON CITY PROJECT 705 - STEINMET2 B. Approval of Minutes, Tabulation of Bids, Award of Contract, LHN Irrigation Pro ect • Award contract to Aqua Engineering, Inc., Eden Prairie, with a base bid of $99,938.27, minus a deduction of alternative ~~2 in the amount of $7,527.25 for a low bid of $92,411.02. RESOLUTION N0. 6609 RESOLUTION ACCEPTING BID FOR LHN IRRIGATION SYSTEM - CP 7054 C. Addition to 1982 Al1ey,Improvement Project RESOLUTION N0. 6604 RESOLUTION ORDERING PRELIMINARY REPORT ON PROPOSED ALLEY PAVING CP 775A RESOLUTION N0. 6605 RESOLUTION ORDERING PRELIMINARY REPORT ON PROPOSED ALLEY PAVING CP 775-A Council Meeting Minutes -16= May 10, 1982 D. Appointments to Board of Review RESOLUTION N0. 6610 RESOLUTION CONFIRMING CITY M~INAGER'S APPOINTMENT OF TWO RESIDENT MEMBERS TO BOARD OF REVIEW E. Approval of Plans and Specifications, 1982 Sidewalk Improvements RESOLUTION N0. 6602 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS _ __ FOR CITY PROTECT N0. 772 - SIDEWALKS F. Approval of Plans and Specifications, 1982 Alley Improvements • RESOLUTION N0. 6603 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR CITY PROJECT N0. 775 - ALLEYS A11 ayes - Carried. 24. Adjournment - "- - - - - " - Motion by Hassenstab, seconded by Ludeman that the meeting ~cljourn. All ayes - Carried. Time: 11:00 p.m. Date Approved: May 24, 1982 ton Mayor / ~ n - ~ ~._~ I~~~~ Syl K. Bergh City C Karl Nollenberger City Manager u