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09-13-1982CITY OF RICHFIELD- REGULAR CITY COTJNCIL. MEETING September T3, 1982 The city council of the City of Richfield met in regular session in the council chambers of the city hall on Monday, September 13, 1982 at-7:00 p.m. The meeting was called to order at 7:05 p.m. by Council President Pro Tem Tvan Ludeman. Pastor Ray Anderson, of Richfield Baptist Church, provided the invocation. President Pro Tem Ludeman led the council and audience in the Pledge of Allegiance. Present: Bence, Hassenstab, Kirsch, Ludeman Absent: Hamilton (Out of town on vacation.) 1. Presentation of Constitution Week Proclamation to DAR President Pro Tem Ludeman read a proclamation establishing this week as Constitution Week. Members of the local chapter of the Daughters of the American Revolution (DAR) were present. to receive the proclamation. 2e Motion by Hassenstab, seconded by Kirsch that the above listed minutes be approved with the addition of the following to Item C, Page 6 of the minutes of the regular scheduled August 23 city council meeting; "Public Safety communications antenna to be located in Bloomington." All ayes - Carried. Absent - Hamilton. 3. Council Approval of Agenda Lawrence Wozniczka, b744 Wentworth, questioned the practice of putting first reading ordinances on the Consent Agenda, and wished to have this item removed from the Consent Agenda. President Pro Tem Ludeman said he wanted the repair of the property owned by Walter Jasperson added to the consent calendar. Council Meeting Minutes -2- September 13; 1982 Motion by Hassenstab seconded by Bunce to approve the agenda with the two above mentioned additions. All ayes - Carried. Absent - Hamilton. 4. Assessment Hearin s L/H1N Maintenance Period Jul 1, 1981 Through December 31, 1981 City Manager Nollenberger reviewed the proposed special assessments for the cost of maintenance services in the L/H/N redevelopment area for the period of July 1 through December 31, 1981, as described in Council Letter No. 268,. He also noted a correction in the resolution relating to adoption of this assessment which incorrectly stated the interest rate as "nine percent" and should be "eight percent". Bob McGovern, general manager of S & M Company, owner of Lyndale Hardware, questioned the assessment process. The city manager presented a letter from Vino's Godfather I, (C-15i) expressing opposition to the proposed assessment. Motion by Hassenstab, seconded by Bunce to close the hearing. A11 ayes - Carried. Absent -Hamilton. Motion by Hassenstab, seconded by Bunce that the following amended resolution be adopted; that it be spread in the resolution book and that it be made a part of these minutes: RESOLUTION NO. 6644 RESOLUTION ADOPTING ASSESSMENT ON CITY PROJECT 770, L/H/N MAINTENANCE FOR THE PERIOD JULY 1, 1981 - DEMCEBER 31, 1981 Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman. Nays a None. Absent - Hamilton. Carried. This resolution appears as Resolution No. 6644 in Resolution Book No. 48. 5. Request for Special Use Permit to Allow Construction of a Drive-thru Service Window at Taco Bell, 2208 West 66th Street City Manager Nollenberger introduced the request of Taco Bell, 2208 West 66th Council Meeting Minutes -3- September 13, 1982 Street, for a special use permit to allow construction of a drive-thru service window, as reviewed in Council Letter No. 270. Community Development Director Dennis Kraft showed how the addition of this drive-thru window would seriously compound the traffic congrestion already present at Penn Avenue at 66th Street. He indicated the Planning Comu~ission and the staff had both recommended denial of this request because of the significant traffic hazard. Public Safety Director Tom Morgan also voiced concerns for traffic safety, and insufficient stacking distance. Mr. Wayne Wysoglad, representing Taco Be11, appeared in support of his company's request and said the proposed drive-thru would only eliminate two parking spaces. Motion by Bunce, seconded by Hassenstab to close the hearing. A11 ayes - Carried. Absent - Hamilton. Motion by Kirsch, seconded by Bunce to deny this request for a special use permita A11 ayes - Carried. Absent - Hamilton. Councilmember Hassenstab stated that he hoped Taco Bell will reapply for this expansion when neighboring land becomes available as he is anxious to keep this establishment in Richfield. 6. Request for Special Use Permit and Variance to Allow Service Station Store and Installation of Two Free-standing Canopies, Amoco Station, 6601 Penn Avenue City Manager Nollenberger reviewed the request of Amoco Oil Company for a special use permit to allow the existing service station to be demolished and a new building be constructed in order that this station may operate as a service station store, as outlined in Council Letter No. 27I. The applicant also has requested a variance to allow installation of two free-standing canopies. Representing Amoco Oil Company was Mr. Harley McGregor, from their real estate division. Council Meeting Minutes -4- September 13, 1952 Lawrence Wozniczka, 6744 Wentworth, asked if .the size of the building, for setback requirements, will comply with the ordinance zoning. Motion by Kirsch, seconded by Hassenstab to close the hearing. All ayes - Carried. Absent - Hamilton. Motion by Bruce, seconded by Hassenstab to grant the special use permit for the change in use from a service station to a service station store and the variance to allow two free-standing canopies. All ayes - Carried. Absent - Hamilton. Motion by Hassenstab, seconded by Kirsch to request review of Ordinance 3.33, Subd. 6, "Lot Areas and Yard Requirements", by the staff and Planning Comanission as it relates to the requirement for canopies to be attached to a building. All ayes - Carried. Absent - Hamilton. 7. City Manager Nollenberger reviewed the request of Tex-Soto Construction, Inc. for a special use permit to allow construction of one residential unit in an "I" industrial zoned district, and a variance of the-side yard setback to 26 feet, as outlined in Council Letter No. 272. The applicant plans to build rental storage space of four buildings and a structure to be used as office and manager's residence. Mr. W. Bruce Hubbard, representing Tex-Sots Construction, spoke on behalf of his company's proposal. Lawrence Wozniczka, 6744 Wentworth, asked what. the firm's previous experience had been in other cities relative to crime and police protection. Mr. Hubbard said security is their Number 1 concern and that the facilities are built with safety and security in mind; that the on-site manager is there to assure control. Motion by Buuce, seconded by Hassenstab to close the hearing. 1 i All ayes - Carried. Absent - Hamilton. Council Meeting Minutes. -5- September 13, 1982 Motion by Hassenstab, seconded by Bunce that the request for a special use permit be approved with the following stipulations, as listed in Council Letter No. 272: 1. That the applicant enter into and execute an off-street parking contract; 2. That the residential use terminate if the principal use changes or terminates; 3. That occupancy of the residence be limited to the site manager/guard and his/her immediate family; 4. That the building be sgrinklered, consistent with the recommendation of the public safety department; 5. That the special use permit be limited to the specific land area occuped by the apartment as shown on the site plan, and not the entire site; 6. That the residential use cease if adjacent properties are devoted to uses which, although permissable in an industrial zone, render the parcel unsuitable for occupancy for residential uses. All ayes - Carried. Absent - Hamilton. Motion by Hassenstab, seconded by Kirsch to deny the variance to reduce the required side street sideyard setback (from Pillsbury Avenue) of 30 feet to 26 feet. Poll of votes: Ayes - Kirsch, Hassenstab. Nays - Bunce, Lude~nan. Motion failed. Motion by Bunce, seconded by Ludeman to grant the variance. Po11 of votes: Ayes - Bunce, Ludeman. Nays - Kirsch, Hassenstab. Motion failed. The variance request was denied as a result. 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. 6645 RESOLUTION APPROVING LAYOUT AND CONTRACT FOR OFF-STREET PARKING IN ACCORDANCE WITH APPLICATION Tex-Sofa Construction, Inc. Location: NW Corner of Pillsbury Avenue and 78th Street Use: Rental Storage Council Meeting Minutes -6- ~ September 13, 1982 Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman. Nays - None. Absent - Hamilton. Carried. This resolution appears as Resolution No. 6645 in Resolution Book No. 48. 8. Request for Variance to the Front Yard Setback Requirements to A11ow City Manager Nollenberger reviewed the request of Mr. Kenneth R. Tvedten for a variance to reduce the required front yard setback requirements for an interior lot from 30 feet to 28 feet to allow the construction of a new attached foyer entrance. He reported on the planning Commission and staff recommendation for approval of this variance. Mr. Ken Tvedten, the applicant, spoke on behalf of the proposal for this homes improvement. Motion by Hassenstab, seconded by Bunce to close the hearing. All ayes - Carried. Absent - Hamilton. - Motion by Kirsch, seconded by Hassenstab to grant this variance. All ayes - Carried. Absent - Hamilton. Motion by Hassenstab, seconded by Kirsch to direct the staff to pursue an ordinance amendment directed toward similar energy saving foyers/vestibules. All ayes - Carried. Absent - Hamilton. 9. Request for Variance to Reduce the Required Rearward Setback Requirements to A11ow Construction of a Porch-and Garal~e, 2901 West 74th Street City Manager Nollenberger introduced the request of John and Mary Munsinger for a variance to reduce the required rear-yard setback requirements for a comer lot from 25 feet to 12 feet to permit construction of an attached porch and garage. He reported on the staff and Planning Commission both recommending denial of this variance. The applicant, John Munsinger, appeared and spoke on behalf of his proposal. He said his backyard abuts his neighbor's sideyard. Council Meeting Minutes -7- Motion by Bunce, seconded by Hassenstab to close the hearing. AlI ayes - Carried. Absent - Hamilton. September 13, 1982 Motion by Rirsch, seconded by Hassenstab to grant this variance. All ayes - Carried. Absent - Hamilton. 10. Request for Special Use Permit to Allow the Sale of Wine, Richfield Family Steak House, 6519 1/2 Nicollet Avenue President Pro Tem Ludeman introduced the request of the Richfield Family Steak House for a special use permit to allow an on-sale w~:ne licenser-He reviewed - the state statutes indicating locations where intoxicating liquor may be sold and noted that there were no restrictions dealing specifically with the minimum distance allowed between on-sale wine or liquor establishments and churches and schools. Public Safety Director Tom Morgan talked about his conversation with the attorney for the Richfield Steak House who had indicated that the applicant was withdrawing its application for a wine license at this time. Motion by Bunce, seconded by Kirsch to close the hearing. A11 ayes - Carried. Absent - Hamilton. Motion by Hassenstab, seconded by Bunce to acknowledge the applicant's request for withdrawal of a wine license application. All ayes - Carried. Absent - Hamilton. I1. Ordinance Amendment Relating to Campaign Signs. Second Reading. City Manager Nollenberger outlined the major revisions of this proposed ordinance amendment, as explained in Council Letter No. 276. He said there was a need to also address school board and special elections, as well as general elections. President Pro Tem Ludeman said he was desirous of establishing a time limit of-six weeks before a primary for the erection of political signs. Motion by Hassenstab, seconded by Bunce to close the hearing. All ayes - Carried. Absent - Hamilton. Council Meeting Minutes -8- September 13, 1982 Motion by Bunce, seconded by Hassenstab to return this ordinance to the city attorney-and city staff for refinement of the language. All ayes - Carried. Absent - Hamilton. 12. Ordinance Amendment Relating to the Regulation of Kennel License Fees. Second Reading. City Maneger Nollenberger presented an ordinance amendment relating to regulation of kennel license fees for council second reading approval. This amendment provides that if a person has more than two dogs or two cats over six months of age, but no more than four animals, the council may waive the requirement for a residential kennel license fee if they determine that keeping the animals will not adversely affect adjacent properties. Motion by Kirsch, seconded by Hassenstab to close the hearing. All ayes - Carried. Absent - Hamilton. Bill 1982-30,'Amendment to Chapter V, Part III, Section 5.2$ of the Ordinance Code of the City of Richfield", was read and reviewed by City Attorney David Kennedy, the same being on file in the office of the city clerk. (C-132) Motion by Bunce, seconded by Hassenstab that this constitute a second reading of Bill 1982-30; that it be published in the official newspaper and that it be made a part of these minutes. Poll of votese Ayes - Bunce, Hassenstab, Kirsch, Ludeman. Nays - None. Absent - Hamilton. Carried. Motion by Bunce, seconded by Hassenstab to waive the residential kennel fee for Richard Burtis, 7325 Fremont Avenue, at the time the ordinance becomes effective. All ayes - Carried. Absent - Hamilton. 13. Ordinance Amendment Relating to Liquor Licensing Veterans' Organizations. First Reading. City Manager Nollenberger reviewed the proposed ordinance amendment which would Council Meeting Minutes -9- September 13, 198.2 amend our on-sale liquor licensing: ordinance to include a class of licenses to be issued by the city for "veterans' organizations". He suggested that meetings be arranged with the various organizations, the city attorney and the city staff to discuss these changes in licensing. He suggested that this new licensing process not take effect until the 1983 license year. Motion by Hassenstab, seconded by Kirsch to defer this item. All ayes - Carried. Absent - Hamilton. 14. Resolution Certifying Assessment Rolls for Diseased Tree, Nuisance Abatement and Weed Destruction President Pro Tem Ludeman presented resolutions providing for certifying special assessments to Hennepin County. Motion by Hassenstab, seconded by Kirsch that the following resolution be adopted9 that it be spread. in the resolution book and that it be made a part of these minutes: RESOLUTION N0. 6646 RESOLUTION LEVYING SPECIAL ASSESSMENTS FOR ABATEMENT OF DISEASED TREES Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman. .Nays - None. Absent - Hamilton. Carried. This resolution appears as Resolution No. 6646 in Resolution Book No. 48. 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: RESOLUTION N0. 6647 RESOLUTION LEVYING SPECIAL ASSESSMENT FOR NUISANCE ABATEMENT Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman. Nays - None. Absent - Hamilton. Carried. This resolution appears as Resolution No. 6647 in Resolution Book No. 48. Council Meeting Minutes -10- ~ September 13, 1982 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: RESOLUTION N0. 6648 RESOLUTION LEVYING SFEC L4L ASSESSMENT FOR WEED DESTRUCTION Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman. Nays - None. Absent - Hamilton. Carried. This resolution appears as Resolution No. 6648 in Resolution Book No. 48. 15. Resolution Certifying Delinquent Water and Sewer Utilities Accounts City Manager Nollenberger presented a resolution which certifies the annual accumulation of unpaid water and sewer utility accounts as a lien against each property owner for council approval. Motion by Kirsch, 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. 6649 RESOLUTION CERTIFYING UNPAID SEWER AND WATER SERVICE CHARGES TO TDE COUNTY AUDITOR TO BE COLLECTED WITH OTHER TARES ON SAID PROPERTIES Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman. Nays - None. Absent - Hamilton. Carried. This resolution appears as Resolution No. 6649 in Resolution Book No. 48. 16. Resolution Supporting Constitutional Amendment Regardint~ Highway Bonding City Manager Nollenberger presented a resolution for council approval expressing the city's support of a constitutional amendment to remove restrictions on the interest rates and the amount of trunk highway bonds. He noted that this item had been placed on the agenda at the request of the League of Cities. Council Meeting Minutes -11- September 13, 1982 President Pro Tem Ludeman said he was not in favor of this bonding for upkeep of state highways; that he. feels the legislature needs to increase the gas tax. A discussion ensued regarding condition of the roadways and methods of alternative funding. Lawrence Wozniczka, 6744 Wentworth, questioned the wisdom and quality of a local decision to promote or influence a state issue. He asked how much it will cost him as a taxpayer to publicize this issue. The city manager advised that letters could b.e written to the newspaper. Mr. Wozniczka said he thought this action was ill-advised. The city manager stressed that the condition of roads directly impact all residents and that the council has many times supported similar proposals, , such as airport noise. 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. 6650 RESOLUTION SUPPORTING CONSTITUTIONAL AMENDMENT N0. 2, AN AMENDMENT TO THE MINNESOTA CONSTITUTION RELATING TO HIGHWAY BONDING Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman. Nays - None. Absent - Hamilton. Carried. This resolution appears as Resolution No. 6650 in Resolution Book No. 48. Councilmember Ludeman was informed that the gas tax goes towards paying these bonds, therefore, he changed his position on this issue. 17. Discussion of Proposed Legislative Issues 1983/84 Session City Manager Nollenberger advised the council that the League of Minnesota Cities has selected the following five areas of 1983-84 legislative issues which they feel will have the major impact on the'city and its ability to operate within the state and local partnership: Council Meeting Minutes -12- September 13, 1982 1. State and local fiscal relationship 2. Mandates imposed by state legislation 3. Public employment labor relations 4. Local revenue sources 5. Local government aid The city manager suggested a meeting be set with the six legislative candidates to discuss these major issues which will confront cities in the next couple of years. Lawrence Wozniczka, 6744 Wentworth, expressed his concern of the rights of citizens to have input into issues and be heard. Motion by Hassenstab, seconded by Bunce to set a meeting with the six candidates for the seaate and house of representatives for October 11, 1982 at 5:30 p.m. All ayes - Carried. Absent - Hamilton. n 18. Approval of Purchase of Property at 7.300 First Avenue City Manager Nollenberger discussed the proposal of the city purchasing propert located at 7300 F~xst Avenue. This property has a history of seasonal flooding and if the city could floodproof this property, it should help alleviate the recurring drainage problems at this site.. When the floodproofing measures are complete the city can then sell the property. The city manager recommended the council authorize purchase of this property. Motion bq Bunce, 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. 6651 RESOLUTION AUTHORIZING THE PURCHASE OF THE HOUSE AND PROPERTY AT 7300 FIRST AVENUE SOUTH Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman. Nays - None. Absent - Hamilton. -Carried. This resolution appears as Resolution No. 6651 in Resolution Book No. 48. Council Meeting Minutes -13- 19. Report on Proposed Airport Zoning Ordinances September 13, 1982 City Manager Nollenberger discussed the report covered in Council Letter No. 281 relating to airport noise land use compatibility planning and airport safety zoning. Community Development Director Kraft reviewed the aims and findings of the Metropolitan Noisemap Project which involved consideration of aircraft noise impacts on land uses in communities near the eight airports in the system. He said monitoring of these developments is critical to the future of Richfield. Motion by Kirsch, seconded by Hassenstab to direct the staff to set a meeting with Ernest Lindstrom, Richfield's representative to the Metropolitan Council, and Will Viitala, of the Metropolitan Airports Commission, and also to appear at the public hearings on the matter. A11 ayes - Carried. Absent - Hamilton. 20. Ordinance Amendment Relating to Accessory Uses in Residential.Zoning Districts. First Reading. City Manager Nollenberger presented an ordinance amendment relating to including off-street parking in R, residential zoning districts, for council first reading approval. Bill 1982-3I, "Amendment to Chapter IIT, Section 3.30 of the Ordinance Code of the City of Richfield", relating to accessory uses in the "R" Residential District, was read and reviewed by City Attorney David Kennedy; the same being on file in the office of the city clerk. (C-153) Motion by Hassenstab, seconded by Kirsch that this constitute a first reading of Bill 1982-31; that it be published in the official newspaper and that second reading of this ordinance amendment be scheduled for September 27, 1982. Po11 of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman. Nays - None. Absent - Hamilton. Carried. Council Meeting Minutes -14- September 13, 1982 21. Consent Calendar Motion by Hassenstab, seconded by Kirsch that the following items be approvede A. Resolutians Declaring Costs to be Assessed and Ordering Preparation of Assessment Roli. and Setting Date of Hearir~~ fer tARl A11pv Maintananra RESOLUTION N0. 6652 RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR ALLY 1~ INTENANCE APRIL 1, 1981 THROUGH MARCH 31, 1982 - CP 765 RESOLUTION N0. 6653 RE50LUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR ALLEY MAINTENANCE APRIL 1, 1981 THROUGH MARCH 31, 1982 - CP 765 B. Resolution RESOLUTION N0. 6654 for RESOLUTION AUTHORIZING FILING OF APPLICATION AND EKECUTION OF GRANT PROJECT AGREEMENTS TO DEVELOP OPEN SPACE UNDER THE PROVISION OF THE STATE NATURAL RESOURCE FUND C. Approval of Purchase San Excess of $2,500 Play Apparatus - Approve the purchase of play features from Earl F. Anderson in the amount of $8,779. D. Payments and Estimates 1. Estimate ~~8, Natural Green, Inc., CP 760, Site Construction, Monroe- Fairwood Park - $47,876.47 2. Final payment - Gem Construction, Inc., CP 764, Elevator, Community Center - $4,b65. All ayes - Carried. Absent - Hamilton. 22. Council Choice Councilmember Bunce spoke about increased traffic and noise problems on Washburn Avenue as a result of Burger King being open all night. ~~ 1 lJ Council Meeting Minutes - ls- September 13, 1982 Councilmember Kirsch asked for an update on the status of the Laird house. 23. Claims and Payrolls Motion by Bunce, seconded by Hassenstab that the following claims and payrolls be approved: RICHFIELD BANK & TRUST Checks 3079159804 General $ 855,519.83 Checks 84417/84765 Payroll 201,768.40 SUMMIT STATE BANK Checks 64686/64726 $2,067,773.62 All ayes - Carried. Absent - Hamilton. 24. Adiournment Motion by Ludeman, seconded by Bunce that the meeting adjourn. All ayes - Carried. Absent - Hamilton. Time: 9:50 p.m. Date Approved: Syl K. Ber City rk Ivan Lud an President Pro Tem `h~ ~ . Karl Nollenbergex City Manager