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08-09-1982CITY OF RICHFIELD REGULAR CITY COUNCIL MEETING August 9, 1982 The city council of the City of Richfield met in regular session in the council chambers of the city hall on Monday, August 9, 1982 at 7:00 p.m. Mayor Hamilton called the meeting to order. Father Meyers, of Assumption Church, provided the invocation. Mayor Hamilton led the council and audience in the Pledge of Allegiance. Present: Bunce, Hassenstab, Kirsch, Ludeman, Hamilton 1. Approval of Minutes of Regularly Scheduled Meeting of July 2b, 1982 Motion by Hassenstab, seconded by Ludeman that the minutes of the July 26, 1982 city council meeting be approved as submitted. All ayes - Carried. 2. Presentation of Certificate of Commendation, Richfield Human Rights Commission Ronald McGinnis, chairperson of the Human Rights Commission, read Governor Quie's commendation, which was gresented to the Richfield Human Rights Commission in recognition of their participation in the No Fault Grievance Training Process. He presented the certificate to Mayor Hamilton. 3. Opportunity for Citizens to Address the City Council Lawrence Wozniczka, 6744 Wentworth Avenue, addressed the proposed purchase of 6633 Lakeshore Drive by the HRA. He asked why this parcel is necessary to the Knutson Company, contractors for the Lake Shore Drive Apartments. He stated his opinion that this parcel should be "open-space" and expressed his concern about a recurring loss of tax revenue, which he felt would occur as a result of the pro- posed transaction. 4. Council Approval of Agenda Motion by Hassenstab, seconded by Bunce to remove,l4A, "Approval of Purchases in Excess of $2,500" from the consent calendar; to correct 14E, from $53,945.90 to Council Meeting Minutes -2- August 9, 1982 $14,886.03; and to approve the remainder of the agenda. A11 ayes - Carried. 5. Request for Special Permit to Allow the Operation of a Car-Rental Service at 6333 Cedar Avenue Acting City Manager Joyce Wilde introduced the request of Eugene Jankowski, for a special use permit to operate a car rental service at 6633 Cedar Avenue, as explained in Council Letter No. 245. Ms. Wilde noted the staff's concern for inadequate parking and storage space on the site.. Mr. Jankowski, the applicant, appeared in support of his request and indicated his wish to abide by the stipulations imposed by the city and planning commission. Public Safety Director Tom Morgan spoke about storage of cars in the building and the fire safety concerns. Motion by Hassenstab, seconded by Bunce to close the hearing. All ayes - Carried. Motion by Ludeman, seconded by Bunce to approve the special use permit subject to the following stipulations as listed in Council Letter No. 245: L 1. The the metal accessory building be physically detached from the main concrete block building and repaired so that it is reasonably watertight, and rodent proof. 2. That the overhead door on the metal building be replaced. 3. That the exterior of the west side of the metal building be refurbished to present an integrated, uniform and pleasing appearance. 4. That all areas of the site used for vehicle storage have an asphalt or concrete surface and perimeter curbing meeting city specifications. 5. That, if there is deemed to be a shortage of vehicle storage space on the site, additional vehicle storage space meeting city specifications be provided on the site. The following additional stipulations were also approved: Council Meeting Minutes -3- August 9, 1982 6. That no storage of vehicles owned by the business be permitted on public right-of-way. 7. That all fire code requirements be met. All ayes - Carried. Motion by Kirsch, 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. 6634 RESOLUTION APPROVING LAYOUT AND CONTRACT FOR OFF-STREET PARKING IN ACCORDANCE WITH APPLICATION N0. 82-3, CONTRACT N0. 2343 Name: William Traiser 9845 Oak Shore Drive Lakeville, MN Location; 6633 Cedar Avenue Use: Automobile Rental Agency Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Hamilton. Nays - None. Carried. This resolution appears as Resolution No. 6634 in Resolution Book No. 48. 6. Request for Variance to the Sideyard Setback to Construct Garage/Workshop 6418 14th Avenue Acting City Manager Wilde reviewed the request for variance of Gordon W. Holmes to reduce the required Sideyard setback requirements of his lot from five feet to two feet to allow construction of an attached garage/workshop and half/bath. She reported that the staff and planning commission had both recommended denial of this request. Mr. and Mrs. Gordon W. Holmes, the applicants, appeared in support of their request. Ms. Shirley Mollan, 6426 14th Avenue, spoke in favor of this variance. Motion by Bunce, seconded by Hassenstab to close the hearing. All ayes - Carried. Motion by Kirsch, seconded by Bunce to approve this request for a variance. All ayes - Carried. Council Meeting Minutes -4- August 9, 1982 7. Request for Amended Special Use Permit at 7700 12th Avenue Acting City Manager Wilde reviewed the request of Griffin Companies, Inc. for an amended special use permit to the original apartment use peranit issued by the city council in 1968. The original permit provided for the construction of one 45-unit apartment building. Two recreation rooms have been converted into apartments and Mr. Richard E. Student, Jr., representing Griffin Companies, has requested an amended special use permit to allow operation of a 47-unit complex. Motion by Hassenstab, seconded by Bunce to grant this amended special use permit. All ayes - Carried. 8. Request for Special Use Permit to Allow the Sale of Wine., Kenny's Famil Restaurant 6700 Penn Avenue Acting City Manager Wilde reviewed the request of Kenneth Youngberg for a special use permit to allow the sale of wine at his restaurant at 6700 Penn Avenue. She reviewed the staff findings, as outlined in Council Letter No, 248, and indicated all requirements had been met, with the exception of insufficient parking. Ms. Wilde stated the staff had recommended that this request for a special use permit be denied because the proposal does not meet city guidelines for the provisions of off-street parking. Motion by Ludeman, seconded by Hassenstab to close the hearing. All ayes-.Carried. Motion by Ludeman, seconded by Rirsch to deny this request for a special use permit to allow the sale of wine. Councilmember Ludeman added that the fact that no one appeared from Kenny's is the basis of denial of request for wine license. All ayes - Carried. 9. Request for Special Use Permit to Allow the Sale of Wine Richfield Family Steak House 6519 1/2 Nicollet Avenue Council Meeting Minutes -5- August 9, 1982 Community Development Director Dennis Kraft reviewed the request of Rosemary Ranallo, representing Richfield Family Steak House, Inc., for a special use permit to allow the sale of wine, as explained in Council Letter No. 249. He expressed concerns that adequate off-street parking is not available to this business and cited the wine study committee criteria relating to parking. Ms. Rosemary Ronallo, the applicant, was present in support of her request and noted that the parking lot is fairly vacant after 6:00 in the evening. Mr. Richard Brainerd, attorney representing the Steak House,. said that he has never seen parking in the overflow lot. Motion by Bunce, seconded by Hassenstab to close the hearing. All ayes - Carried. Motion by Bunce, seconded by Hassenstab to delay consideration of this item until September 13, and request the staff to provide further information regarding the parking concerns and additional criteria relating to wine licenses. All ayes - Carried. 10. Amended Final Development Plan and Variance for the Lake Shore Drive Condominium Project and Approval of Hold Harmless Agreement Community Development Director Kraft advised the city council that the floor area of the Lake Shore Drive Condominium Project has been increased and that the setbacks of the structure has changed, thus necessitating an amended final development plan. Mr. Tony Vavolous, respresenting the Knutson Corp., said they had experienced difficulty in locating property lines and encountered discrepancies in city and county data. Lawrence Wozniczka, 6744 Wentworth, asked when these errors initially were detected. Mr. Vavalous said setback problems have been suspected for quite some time. Council Meeting Minutes -6- August 9, 1982 Motion by Hassenstab, seconded by Ludeman to close the hearing. All ayes a Carried. Motion by Ludeman, seconded by Bunce to approve an amended final development plan for the existing building location and authorize the mayor to execute a hold harmless agreement with the Knutson Company. All ayes - Carried. 11. Ordinance la „ - tric Acting City Manager Wilde reviewed the proposed ordinance prohibiting parking on public streets after a three inch or more snowfall, as outlined in Council Letter No. 251. Sue Sarver, 7345 Wentworth, expressed concern about the implication of towing and retrieval of impounded vehicles. Public Safety Director Tom Morgan outlined the procedure involved in securing release~of impounded vehicles and the fees involved. Mike Sandahl, 7601 Bryant, commented on the rationale-behind this "snow bird" ordinance. Lawrence Wozniczka, 6744 Wentworth, said he endorsed the spirt of the ordinance. Motion by Hassenstab, seconded by Kirsch to close the hearing. All ayes - Carried. Bill 1982-27, "Amendment to Chapter IX, Section 9.02 and 9.03 of the Ordinance Code of the City of Richfield", relating to parking and stopping of vehicles on the public street, was read and reviewed by City Attorney Clayton LeFevere, the same being on file in the office of the city clerk. (C-148) Motion by ludeman, seconded by Kirsch that this constitute a second reading of Bill 1982-27; that it be published in the official newspaper and that it be made a part of these minutes. Council Meeting Minutes -7- August 9, 1982 Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Hamilton. Nays - None. Carried. 12. Amendment Relating to Ordinance Regulating Public Nuisances (Snow and Ice Removal From Sidewalks). First Reading. Acting City Manager Wilde reviewed the following portion of the ordinance proposed for repeal: "A11 snow and ice not removed from public sidewalks 12 hours after the snow contributing to the condition has ceased to fall" (is considered to be a nuisance affecting safety). Ms. Wilde indicated that it was the opinion of the city attorney and the city's insurance carrier that the current ordinance could place an unreasonable burden upon the city, as in some eases it may be impossible for the city to comply with its own ordinance. She recommended that the city council give first reading approval to this ordinance repealing Section 10.01,. Para. 1, Subd. 4. Motion by Bunce, seconded by Kirsch to close the hearing. All ayes - Carried. Bill 1982-28, "Repeal of Section 10.01, Paragraph (1)_, Subdivision 4 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-149) Motion by Bunce, seconded by Kirsch that this constitute a first reading of Bill 1982-28; that it be published in the official newspaper and that second reading of this ordinance amendment be scheduled for August 23, 1982. Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Hamilton. Nays - None. Carried. 13. Ordinance Amendment Relating to Political Lawn Signs. First Reading. Acting City Manager Wilde advised that an ordinance relating to regulating the use of signs and billboards had been requested by Bob Lindgren, of 6339 12th Avenue, and that the city attorney had prepared such an ordinance for council review. Council Meeting Minutes -8- August 9, 1982 City Attorney LeFevere cited the constitutionality of the exercise of free expression. He stated that the size of signs can be regulated, but political sign restrictions can not be more restrictive that the overall sign ordinance. Gordon McKinnon, 7308 Upton, said hemapproved of the purpose of the sign ordinance, but that he thought citizens should be able to post signs for all contested offices. Gordon Anderson, 7501 Elliott, asked about the square footage proposed for the signs. Frank Riley, 6915 Portland, suggested that the stipulation relating to the size of the sign in the ordinance be revised from eight square feet to ten square feet. Don Priebe, 7225 Bloomington, said signs used in the past have been almost eleven square feet in size and he suggested the ordinance be amended to state eleven square feet. Motion by Hassenstab, seconded by Ludeman to revise the proposed ordinance to state,"No sign may exceed eleven square feet in area on one side." All ayes - Carried. Bi11 1982-29, "Amendment to Chapter III, Part V, Section 3.47 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-150) Motion by Hassenstab, seconded by Ludeman that this constitute a first reading of Bill 1982-29, as amended; that it be published in the official newspaper and that second reading of this ordinance amendment be scheduled for September 13, 1982. Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludema~n, Hamilton. Nays - None. Carried. Council Meeting Minutes -9- August 9, 1982 14. Council Choice Councilmember Bunce asked if the semaphore at 75th Street and Penn Avenue should remain in operation after the school has closed. 15. Approval of Purchases in Excess of $2,500 Councilmember Ludeman asked how the city advertises for bids on some purchases and questioned the cost of $600 for a microwave oven at the Community Center. Acting City Manager Wilde pointed out that the microwave oven was not included in this purchase requested for the Community Center. Mr. Ludeman suggested that local businesses should be notified when purchases are anticipated. The council then considered the following purchases in excess of $2,500: Community Center Kitchen Appliances Motion by Ludeman, seconded by Hassenstab to authorize the purchase of a six-burner stove, oven, freezer, refrigerator, hood, fire unit, installation of the aforementioned, and removal and disposal of existing stove from Aslesen's in the amount of $9,629.05. All ayes - Carried. Pick-Up Truck Motion by Ludeman, seconded by Hassenstab to authorize the purchase of one pick-up truck in the amount of $8,215.48 from Grossman Chevrolet for utilization in the public safety fleet. All ayes - Carried. 16. Consent Calendar Motion by Ludeman, seconded by Hassenstab that the following items be approved: Payments and Estimates A. Estimate ~~6, Natural-Green, Inc., CP 760 site construction, Monroe-Faixwood ' Park - $44,728.99 Council Meeting Minutes -10- August 9, 1982 Pay ments and Estimates (Continued) B. Estimate ~~2, Acton Construction, CP 707-1562, Adams Hill Pond Pump Station - $47,279.84 C. Estimate ~,~3, Alexander Construction Co., road construction 67th Lake Shore Drive - 74th, CP. 757 - $53,517.38 D. Estimate ~~10, Rutledge Construction, Public Sa fety Building Addition, CP 767 - $14,886.03 (corrected amount) All ayes - Carried. I-7. Claims and Pa olls Motion by Hassenstab, seconded by Ludeman that the following claims and payrolls be approved: RICHFIELD BANK & TRUST Checks 3014/59282 General $1,585,603.70 Checks 82619/83010 Payroll 228,029.54 SUMMIT STATE BANK Checks 64625/64655 $2,410,563.92 A11 ayes - Carried. 18. Adjournment Motion by Hassenstab, seconded by Kirsch that t he meeting adjourn. AlI ayes - Carried. Time: 9:I0 p.m. Date Approved: Se tember 13, 1882 Syl a K. Berg City C []