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06-14-1982 CITY OF RICHFIELD REGULAR CITY COUNCIL MEETING June 14, 1982 BOARD OF REVIEW The Board of Review of the City of Richfield met in continued session on June 14, 1982 at 7:00 p.m. in the council chambers of the city hall. The meeting was called to order by Mayor John Hamilton. Present: Councilmembers Bunce, Hassenstab, Kirsch, Ludeman, Hamilton Resident members Harry Tickner, 6429 Russell Avenue, and Harley Witte, 2911 West 70 1/2 Street Hennepin~County Assessor Richard Becken 7000 Portland Avenue Assessor Richard Becken distributed information regarding findings from a review appraisal conducted on the property at 7000 Portland Avenue. He described information regarding comparable properties that had sold in Richfield in the past year. Mr. Sid Sanford expressed his opposition to the valuation. Motion by Bunce, seconded by Ludeman to sustain the assessor's valuation of $73,200. All ayes - Carried. REGULAR CITY COUNCIL MEETING Mayor Hamilton called the council meeting to order at 7:10 p.m. and led the council and audience in the Pledge of Allegiance. 1. Approval of Minutes of May 10, Special Meeting, May 17 Joint City Council/Energy Awareness Commission Meeting, June 2 Board of Review Meeting, June 2 Concurrent HRA/City Council Meeting, and May 24, 1982 Regular Council Meeting Councilmember Hassenstab asked that addition be made to Item 4 on Page 2 of the May 24 minutes to show the results of the vote which was 5 - 0 in favor. Motion by Bunce, seconded by Ludeman to approve the minutes for the above meetings and the minutes for the May 24, 1982 meeting with the added correction of results of votes. All ayes - Carried. Council Meeting Minutes -2- June 14, 1982 2. Proclamation - East Richfield Girls Softball Mayor Hamilton read a proclamation designating the week of June 13 through June 1~ 1982 as East Richfield Girls Softball League Week. He presented the proclamation to representatives of the league, who in turn presented T-shirts and buttons to the city council. Mayor Hamilton presented a proclamation declaring June as Recreation and Parks month to Mike Sandahl, 7601 Bryant, Chairman of the Community Services Advisory Commission. 3. Proclamation - Outstanding Business Person of the Quarter Mayor Hamilton read a proclamation designating the first Quarterly Outstanding Business Person and presented it to Lloyd Olson of the Hub Jewelers. Representing the Chamber of Commerce in this presentation were Dayle Erickson, 7125 15th Avenue, and Elaine Bruggeman, 7640 Lyndale. 4. Public Safety Department Commendation Award Mayor Hamilton and Public Safety Director Tom Morgan presented a Public Safety Commendation Award to Police Officer Teresa Johnson in recognition of recent partic- ipation in an undercover assignment with Minneapolis Police. Council recessed at 7:25 p.m. and reconvened at 7:37 p.m. 5. importunity for Citizens to Address the Cit Council Audrey Hanson, 7230 Lyndale Avenue, asked when street lighting would be restored to her neighborhood. b. Council Approval of Agenda City Manager Nollenberger added a raffle license application for Camp Isabella to the Consent Agenda. Councilmember Kirsch asked the city manager for a report on 66th Street and Penn Avenue issues. Motion by Hassenstab, seconded by Ludeman to approve the amended agenda to include these two items. All ayes - Carried. Council Meeting Minutes -3- 3une 14, 1982 7. Request for Subdivision to Permit Sale of Duplex Unit, 6512-14 Oliver Avenue Community Development Director Kraft presented the request of Mr. Myron Gunderson for a residential subdivision approval at 6512-14 Oliver. Avenue. He gave the history of zoning ordinance amendments which now permit common element residential subdivision. Motion by Hassenstab, seconded by Bunce to close the hearing. All ayes - Carried. Motion by Hassenstab, seconded by Kirsch to consider this item later in the 1 evening when the applicant will be present. All ayes - Carried. 8. Request for Subdivision to Permit Sale of Six Townhouse Units Individually, 609 West 74th Street City Manager Nollenberger presented the request of Jim Plat for a common element residential subdivision of this site into six lots. On November 23, 1981, the city approved a special use permit and variance to allow the construction of six townhouses at this site. He reviewed the staff and planning commission recommendations for approval of this common element residential subdivision subject to stipulations as listed in Council Letter No. 194. Motion by Bunce, seconded by Ludeman to close the hearing. All ayes - Carried. Motion by Bunce, seconded by Kirsch to table this item. All ayes - Carried. 9. Public Hearing, Additional Alley Paving Project:queen Avenue and Penn Avenue, 69th Street to 70th Street City Manager Nollenberger presented a resolution ordering improvement of the alley between Queen and Penn Avenues from 69th to 70th Street. Jay Fowler, 6916 Penn Avenue, asked how long it takes to complete construction. Motion by Hassenstab, seconded by Ludeman to close the hearing. All ayes - Carried. Council Meeting Minutes -4- June 14, 1982 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. 6618 RESOLUTION ORDERING THE PAVING OF ONE ADDITIONAL ALLEY AND PREPARATION OF PLANS CP 775-B Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Hamilton. Nays - None. Carried. This resolution appears as Resolution No. 6618 in Resolution Book No. 48. 10. Request for Variance to Allow Construction of a Garage, 2968 Washburn Circle City Manager Nollenberger presented a request for variance to reduce the required sideyard setback requirements for an interior lot from five feet to three feet to allow construction of an attaehed garage. Mr. Steven Showalter, the applicant, appeared in behalf of his request. Motion by Bunce, seconded by Hassenstab to close the hearing. All ayes - Carried. Motion by Kirsch, seconded by Bunce to approve this variance. All ayes - Carried. L 11. Ordinance Amendments Rezoning Certain Properties to R-1 and Relating to Nonconforming Uses, S_e_cond Reading. City Manager Nollenberger presented an ordinance rezoning certain properties to R-1. He stated that the Planning Commission had recommended a revision in the ordinance that was given first reading which would eliminate property along the west side of Lyndale Avenue between Oake Grove Boulevard and 73rd Street which have Lyndale Avenue addresses as a result of the rezoning. Motion by Hassenstab, seconded by Ludeman to close the hearing. All ayes - Carried. Motion by Ludeman, seconded by Bunce to amend the ordinance accordingly. All ayes - Carried. Council Meeting Minutes -5- June 14, 1982 Bill 1982-17, "An Amendment to Appendix C of the Ordinance Code of the City of Richfield, Minnesota", defining the boundaries of 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. (C-134) Motion by Ludeman, seconded by Bunce that this constitute a second reading of Bill 1982-17, as amended; 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. The city manager presented an ordinance for second reading approval which would allow any lawful, nonconforming single family residential use in an R-1 zone, which existed at the time of the adoption of the rezoning, be rebuilt after the occurrence of a fire or disaster. Bill 1982-18, "An Amendment to Chapter III Part IV, Section 3.29 Subdivision 2 of the Ordinance Code of the City of Richfield", relating to nonconforming uses, was read and reviewed by City Attorney Clayton LeFevere, the same being on file in the office of the city clerk. (C-135) Motion by Ludeman, seconded by Bunce that this constitute a second reading of Bill 1982-18; 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. 12. Request for Subdivision to Permit Sale of Duplex Unit, 6512-14 Oliver Avenue Mr. Myron Gunderson appeared on behalf of his request to subdivide his double bungalow at 6512-I4 Oliver. Motion by Bunce, seconded by Hassenstab to move this matter from the table. A11 ayes - Carried. Council Meeting Minutes -6- June 14, 1982 Motion by Bunce, seconded by Ludeman to approve this subdivision subject to the following stipulations as listed in Council Letter No. 193: 1. No owner may remove or alter any intervening common wall separating two units for the purpose of joining such units without amending the plat to permit such joinder, 2. Except to adjust for settling or lateral movement of structures, the boundaries between adjoining units may not be relocated without amending the plat. 3. Units may not be subdivided without amending the plat. 4. Common areas or facilities may not be subdivided without amending the plat. 5. In the event that any unit is damaged or destroyed, it must be rebuilt to the boundaries of that unit as described in the subdivision plan. b, Common areas may not be used for any purpose other than the purposes described in the subdivision plan and contained in the plat. All ayes - Carried. r' 1, 13. Ordinance Amendment Relating to Bingo and-Other Authorized Gamblin Activities Second Reading. City Manager Nollenberger presented an ordinance amendment relating to bingo and other authorized gambling activities for city council second reading consideration, as described in Council Letter No. 187. This amendment will bring the city's ordi- L Hance into conformance with state statutes as amended by the 1982 Minnesota Legislature. Mr. Sid Sanford, 7000 Portland, asked for additional information regarding the related sections of state law. Motion by Bunce, seconded by Hassenstab to close the hearing, All ayes - Carried. 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 Ludeman that this constitute a second reading of Council Meeting Minutes -7- June 14, 1982 Bill 1982-14; that it be published in the official newspaper and that it be made a part of thes minutes. Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Hamilton. Nays - None. Carried. 14. Ordinance Amendments Relating to the Serving of Minors in Establishments Serving Intoxicating and Nonintoxicating Liquors. Second Reading. City Manager Nollenberger presented two ordinance amendments for city council second reading consideration which would bring the provisions relating to the presence of minors in establishments serving nonintoxicating malt liquor and establishments serving wine or liquor into conformance with each other. Motion by Hassenstab, seconded by Bunce to close the hearing. A11 ayes - Carried. Bill 1982-16, "Amendment to Chapter XI, Section 11.02 of the City of Richfield", relating to the licensing and regulating of nonintoxicating malt liquor, was read and reviewed by City Attorney Clayton LeFevere, the same being on file in the office of the city clerk. (C-132) Motion by Kirsch, seconded by Ludeman that this constitute a first reading of Bill 1982-16; 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. Motion by Hassenstab, seconded by Bunce to close the hearing in the second ordinance. All ayes - Carried. Bill 1982-15, "Amendment to Chapter XI, Section 11.06 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-131) Council Meeting Minutes -8- June 14, 1982 Motion by Kirsch, seconded by Ludeman that this constitute a second reading of Ball 1982-15; 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. Request for Subdivision to Permit Sale of Six Townhouse Units Individually, 609 West 74th Street Motion by Ludeman, seconded by Bunce to move this matter from the table. All ayes - Carried. Mr. Jeffrey Gustafson, the applicant, appeared and spoke on behalf of this request for subdivision of six townhouses and asked the council to approve the matter. Motion by Ludeman, seconded by Hassenstab to approve this subdivision subject to the following stipulations as listed in Council Letter No. 194: 1. No owner may remove or alter any intervening common wall separating two units .for the purpose of joining such units without amending the plat to permit such joinder. 2. Except to adjust for settling or lateral movement of structures, the boundaries between adjoining units may not be relocated without amending the plat. 3. Units may not be subdivided without amending the plat. 4. Common areas or facilities may not be subdivided without amending the plat. 5. In the event that any unit is damaged or destroyed, it must be rebuilt to the boundaries of that unit as described in the subdivision plan. 6. Common areas may not be used for any purpose other than the proposed described in the subdivision plan and contained in the plat. All ayes - Carried. 16. Amendment of Year IS ~ment Block Grant Pr 1 L City Manager Nollenberger presented an amendment to the Years IV, VI, VII and Council Meeting Minutes -9- June 14, 1982 CDBG program site acquisition and clearance project description to indicate that the funds could be used to purchase surplus school property for Iow and moderate income housing purposes, as explained in Council Letter No. 183. Mr. Robert Riley, 7233 Queen, expressed concern with the proposed CDBG amendment and the potential of the city using government monies with a church related agency. Mr. Sid Sanford, 7000 Portland, indicated support for Mr. Riley's position. Ms. Sue Sarver, 7345 Wentworth, spoke in support of the amendment of the CDBG program and acquisition of Lincoln Hills for community purposes, but not solely for senior citizen purposes. Cary Bliese, 7232 Penn Avenue, asked what the total cost would be for the city to acquire the Lincoln Hills School property. Motion by Bunce, seconded by Hassenstab to adopt the amendment project description. Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Hamilton. Nays - Ludeman. Carried. 17. Request for Variance to Construct Addition to Existing Building, 78th Street and Morgan Avenue Community Development Director Kraft presented a request from Lindahl Oldsmobile for a variance to reduce the required frontyard setback along Morgan Avenue from 40 feet to 31 feet to allow construction of a 9,800 square foot addition to their existing facility at 78th Street and Morgan, as outlined in Council Letter No. 181. Howard Johnson, construction consultant for the applicant, presented a model of the building as it would appear with the addition. Motion by Ludeman, seconded by Hassenstab to close the hearing. All ayes - Carried. Motion by Kirsch, seconded by Hassenstab to grant the variance with the stipu- lation that there be no new car storage or display within the public right-of-way or required setback areas on Morgan Avenue. All ayes - Carried. Council Meeting Minutes -10- June 14, 1982 Motion by Kirsch, seconded by Ludeman to direct the staff to meet with business people of the 78th Street-Morgan area to seek solutions to the parking congestion in the area. All ayes - Carried. 18. Special Use Permit and Request for Wine License, Kenny's Family Restaurant, 6700 Penn Avenue (Request for Continuance) City Manager Nollenberger described the history of the request for a special use permit and on-sale wine license for Kenny's Family Restaurant, 6700 Penn Avenue. He recommended that the city council cancel the hearings scheduled for the pending application for an on-sale wine license and the special use permit until the planning commission completes their review. Motion by Ludeman, seconded by Kirsch to close the public hearings for this application for an on-sale wine license and special use permit and to reschedule it to some future date when the applicant has completed action before the planning commission. All ayes - Carried. 19. Ordinance Amendment Relating to Rezoning Certain Properties to MR-1 (Request for Continuance) City Manager Nollenberger advised the council that the planning commission, at their May 25 meeting, deferred action on certain rezoning requests to their June 22 meeting and he recommended the city council continue this public hearing on MR-1 rezoning ordinance to the June 12, 1982 city council meeting. Motion by Bunce, seconded by Ludeman to continue this public hearing to July 12, 1982, as recommended by the city manager. All ayes - Carried. 20. Ordinance Amendment Amending Section 2.07 of the Cit Charter Relating to Council Salaries. First Reading. George Seltz, Chairman of the Charter Commission, presented an ordinance amending Section 2.07 of the City Charter relating to slary increases for council Council Meeting Minutes -11- June 14, 1982 members, as described in Council Letter No. 190. It would require that salary increases be deferred until after a councilmember stood for election. Bi11 1982-19, Transitory Ordinance No. 16.99, Charter Amendment Ordinance No. 12, "An Ordinance Amending the City Charter 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-137) Motion by Bunce, seconded by Hassenstab that this constitute a first reading of Bi11 1982-19; that it be published in the official newspaper and that second reading of this Charter Amendment Ordinance be scheduled for July 26, 1982. Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Hamilton. Nays - None. Carried. 21. Ordinance Amendment Amending Sections 5.01-5.20 of the City Charter Relating to Initiative and Referendum to Include Recall. First Reading. George Seltz and Sue Sandahl, chairpersons of the subcommittees to study recall provisions, recommended approval of an ordinance amending Sections 5.01, 5.02, 5.03 and adding Section 5.14 relating to recall. Bi11 1982-20, Transitory Ordinance 17.00, Charter Amendment Ordinance No. 13, "Charter Amendment Ordinance Relating to Recall of Elected Public Officers of the City, Amending Chapter 5 of the Richfield City Charter", was read and reviewed by City Attorney Clayton LeFevere, the same being on file in the office of the city clerk. (C-13$} Motion by Bunce, seconded by Ludeman that this constitute a first reading of Bill 1982-20; that it be published in the official newspaper and that second reading of this ordinance amendment be scheduled for July 26, 1982. Poll of votes: Ayes - Bunce, Kirsch, Ludeman, Hamilton. Nays - Hassenstab. Carried. 22. Council Discussion of Purchase of 7300 First Avenue City Manager Nollenberger presented a recommendation for acquisition of property Council Meeting Minutes -12- June 14, 1982 at 7300 First Avenue. He described the property and history of flooding on this property, as described in Council Letter No. 202. He also indicated that the propose purchase and floodproofing of the property would not resolve the flooding problem of the adjacent intersection. Mr. Sid Sanford, 7000 Portland, described his understanding of the history of efforts to resolve flooding problems throughout the city. Motion by Hassenstab, seconded by Ludeman 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. 6619 RESOLUTION AUTHORIZING THE PURCHASE OF THE HOUSE AND PROPERTY AT 7300 FIRST AVENUE SOUTH Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Hamilton. Nays - None. Carried. This resolution appears as Resolution No. 6619 in Resolution Book No. 48. 23. Ordinance Amendment Relating to Height of Billboards First Reading. City Manager Nollenberger presented a request for special height permit submitted by Naegele Outdoor.Advertising to allow them to erect a billboard 40 feet high. The maximum height permitted by ordinance is 27 feet, but can be exceeded with a permit up to 35 feet. He presented an ordinance amendment which would allow a sign up to 40 feet, if certain conditions are met, including a provision that an existing sign exceeding 35 feet in height somewhere in Richfield be removed. He recommended that the council give first reading approval of the ordinance and deny the special height permit. Ms. Nancy Jorgenson, of Naegele Advertising, described long range plans that the company has for upgrading their signs and total physical plant. Motion by Ludeman, seconded by Kirsch to deny the special height permit. All ayes - Carried. Council Meeting Minutes -13- June 14, 1982 Bi11 1982-21, "Amendment to Chapter III, Part V, Section 3.49 of the Ordinance Code of the City of Richfield", relating to the regulation of the construction, location and maintenance of outdoor signs, was read and reviewed by City Attorney Clayton LeFevere, the same being on file in the office of the city clerk. (G-139) Motion by Ludeman, seconded by Kirsch that this constitute a first reading of Bill 1982-21; that it be published in the official newspaper and that second reading of this ordinance amendment be scheduled for July 12, 1982. Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Hamilton. Nays - None. Carried. Councilmember Bunce left the meeting at 10:18 p.m. due to illness. 24. Discussion of Preferential Runway System City Attorney LeFevere described a study conducted by his office regarding the preferential runway system. He introduced Ms. Joan Erickson of his office, who presented the results of this study. Don Priebe, representative to MASAC, stated that he felt that the council should accept the attorney's opinion, but not stop pressure on MAC/MASAC to modify or abandon the preferential runway system. Motion by Ludeman, seconded by Hassenstab to receive the city attorney's report. All ayes - Carried. 25. Report on 66th Street and Penn Avenue Intersection. Study City Manager Nollenberger gave a status report on 6bth Street/Penn intersection improvements, and described the general reaction of representatives of adjacent businesses and residents in meetings held to discuss these issues. 26. Not on Agenda The council indicated no interest in rescheduling a golf course tour, which was canceled this evening. Individual councilmembers would tour the facility by contacting the city manager. Council Meeting Minutes -14- June 14, 1982 27. Consent Agenda Motion by Ludeman, seconded by Hassenstab that the following items be approved: A. Approval of Minutes, Bid Tabulations and Award of Contracts of 1982 Sidewalk and Alley Improvements RESOLUTION N0. 6619 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT TO ARCON CONSTRUCTION, MORA, MINNESOTA FOR ALLEY PAVING, CONCRETE SIDEWALK, AND APPURTENANT WORK Aa Addition of Two A11e s to Proiect CP 775 RESOLUTION N0. 6620 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND CHANGE ORDER FOR ADDITIONAL ALLEY PAVING CITY PROJECT 775 B. Appointment of Delegate to South Hennepin Human Services Council Appoint Sgt. John Nelson for a two-year term expiring January, 1984. C. Release of Off-Street Parking Bond, Clark's Submarine Res RESOLUTION N0. 6621 RESOLUTION RELATING TO RELEASE OF BOND ON OFF-STREET PARKING CONTRACT Cardco Investments, Inc. 703 Hennepin Avenue, Minneapolis Location: 6545 Penn Avenue Use: Clark's Submarine Restaurant D. Release of Off-Street Parking Bond, St. Peter's Church, 6730 Nicollet Avenue RESOLUTION N0. 6622 RE5OLUTION RELATING TO RELEASE OF BOND ON OFF-STREET PARKING CONTRACT Name: Church of St. Peter Location: 6730 Nicollet Use; New Church Structure Off-Street Parking Contract No. 2321 E. Transfer of Funds to Permanent Improvement Revolving Fund, Public Safety Addition RESOLUTION N0. 6623 RESOLUTION AUTHORIZING TRANSFER OF FUNDS FROM PERMANENT IMPROVEMENT REVOLVING FUND TO CAPITAL IMPROVEMENT BUDGET TO FINANCE PUBLIC SAFETY BUILDING IMPROVEMENT, PROJECT C.P. 767 ~~ i I~I LJ Council Meeting Minutes -15- June 14, 1982 F. Payments and Estimates, 1. Acton Construction, Inc. - Adams HiII Fump Station - Estimate ~~1 - $45,882.86 2. Alexander Construction Co. - Road Construction - Estimate ~~1 - $359,309.24 G. Licenses ChiChi's Restaurant - 3 Amusement Devices West Middle School - Raffle, Camp Isabella Committee All ayes - Carried. 28. Claims and Payrolls Motion by Hassenstab, seconded by Ludeman that the following claims and payrolls be approved: RICHFIELD BANK & TRUST Checks 2850/58241 General $1,105,615.29 Checks 80405/99980 Payroll 207,922.04 SUMMIT STATE BANK Checks 64487/64530 $2,837,598.24 All ayes - Carried. 29. Adjournment Motion by Hassenstab, seconded by Kirsch that the meeting adjourn. All ayes - Carried. Time; 10:48 p.m. /~ ~ Date Approved: June 28, 1982 n J e L. Wilde Acting City Clerk Mayor Karl Nollenberger City Manager