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11-22-1982CITY OF RICHFIELD REGULAR CITY COUNCIL MEETING November 22, 1982 The city council of the City of Richfield met in regular session in the council chambers of the city hall on Monday, November 22, 1982 at 7:00 p.m. Mayor Hamilton called the meeting to order at 7:10 p.m. .Present: Bunce, Kirsch, Ludeman, Hamilton Absent: Hassenstab The mayor indicated that Councilmember Hassenstab was absent due to commitments in his position. Cub Scout Troop from Sheridan Hills Elementary School presented the colors and led the audience in the Pledge of Allegiance. Ms. Pat WQ1lander, of House of Prayer Lutheran Church, gave the invocation. 1. Approval of Minutes of Regularly Scheduled Meeting of November 8, 1982 Motion by Bunce, seconded by Ludeman to approve the minutes of the regularly scheduled meeting of November 8, 1982. All ayes - Carried. Absent - Hassenstab. 2. Council Approval of Agenda ' Councilman Ludeman requested that Item C, "Approval of Agreement With the South Hennepin Human Services Council", be removed from the Consent Calendar. Motion by Bunce, seconded by Ludeman to approve the agenda as amended. All ayes - Carried. Absent - Hassenstab. 3. Amended Final Development Plan, and Off-Street Parking Per~ait for K-Mart Site to Erect a Fastbank Automated Teller Facility City Manager Nollenberger presented the proposal of First Bank System, Inc. for an amended final development plan and off-street parking permit to enable First Bank System, Inc. erect a Fastbank automated teller facility on the K-Mart site, as described in Council Letter No. 350. Council Meeting Minutes -2- November 22, 1982 Vern Wilcox, construction manager of First Bank System, Jim Grover and Bob Harris, architects for First Bank System, all spoke on behalf of their client's proposal. They reviewed a scale model of the proposed automated teller and indicated the design would meet the L/H/N Project Urban Design Guidelines. Motion by Ludeman, seconded by Bunce to close the hearing. All ayes - Carried. Absent - Hassenstab. Motion by Kirsch, seconded by Ludeman to approve the amended final development plan and off-street parking permit to locate an automated teller facility on the K-Mart site. All ayes - Carried. Absent - Hassenstab. 4. Amendment to Cable Television Franchise Ordinance to Provide for Administrative Variances in Certain Instances. Second Reading. City Manager Nollenberger advised the city council that one of the member cities under the jurisdiction of the Southwest Suburban Cable Commission has express concern with the language of this ordinance amendment anal has requested that it~be reviewed further. Motion by Ludeman, seconded by Kirsch to continue the public hearing on this ordinance amendment to the January 10, 1983 city council meeting. All ayes - Carried. Absent - Hassenstab. 5. Request for Approval of Billboard on Lund's Property, 6200 Penn Avenue City Manager Nollenberger advised the council that through an oversight of the staff, a building permit had been issued without council approval to Lund's to erect a billboard at 6200 Penn Avenue. At this time Naegele Outdoor Advertising is asking council approval for the sign. The sign conforms in all respects to the current sign code. The city manager indicated that complaints have been received from residents of the neighborhood regarding this large sign. Council Meeting Minutes -3- November 22, 1982 Tim Sather, 6210 Russell, presented two petitions (C-167} containing approximately 175 signatures in opposition to the billboard. He said the billboard is too close to private residences. David Covington, 6211 Russell, said if the sign is illuminated it will shine in his bedroom window. Donna Peterson, 6324 Russell, said there has been a proliferation of signs in the area lately and this practice should be curtailed.. Clarence Hedlund, 6229 Russell, said he was concerned about this type of sign lowering the resale value of their properties and they were not notified about this sign erection. John Marsicano, 6515 Knox, said he understands the city's administrative oversight and suggested. the city help pay for removing this billboard. Doris Wallace, 6205 Sheridan, expressed opposition to the sign. Gordon Lundberg, 6345 Sheridan, said that although he lives three blocks from the freeway, he can see the sign from his house and he thinks property values are at stake; that big signs are out of keeping with residential areas. Gordon Anderson, 7501 Elliott, said that although he lives a long. way from the area, he is still concerned. ,He asked if the sign was in conformance with the code and if the city is changing the-billboard ordinance. The city manager advised that the ordinance is being changed and would be restrictive if passed. Nancy Jorgenson, vice president of development for Naegele Co., said considerable amount of money has been invested in erecting this sign and they will agree to abide by the two stipulations recommended by the staff and listed in Council Letter No. 351. Motion by Bunce, seconded by Kirsch to close the hearing. A11 ayes - Carried. Absent - Hassenstab. Motion by Kirsch, seconded by Ludeman to defer this item to the December 13, 1982 council meeting and request the city staff to meet with Naegele Advertising in the interim. Council Meeting Minutes -4- November 22, 1982 All ayes - Carried. Absent - Hassenstab. City Attorney Clayton LeFevere said that the council cannot deny permits arbitrarily; that legally sufficient reasons do not include neighborhood sentiment. 6. Ordinance Amendment Regulating Billboards Alongway Freeways. Second Reading. City Manager Nollenberger presented an ordinance regulating signs along freeways in the city for city council second reading consideration, as described in Council Letter No. 353. Motion by Ludeman, seconded by Bunce to close the hearing. All ayes - Carried. Absent - Hassenstab. Bill 1982-42, "An Amendment to Chapter III, Part V, Section 3.49 of the Ordinance Code of the City of Richfield", relating to regulating construction, design, location and maintenance of signs, was read and reviewed by City Attorney Clayton LeFevere, the same being on file in the office of the city clerk. (C-166) Motion by Bunce, seconded by Kirsch that this constitute a second reading of Bill 1982-42; that it be published in the official newspaper and that it be made a part of these minutes. Poll of votes: Ayes - Bunce, Kirsch, Ludeman, Hamilton. Nays - None. Absent - Hassenstab. Carried. 7. Ordinance Amending the Sign Ordinance Provision Pertaining to Billboards. First Reading. City Manager Nollenberger presented an ordinance amendment relating to billboards for city council first reading consideration. Community Development Director Dennis Kraft reviewed the six major revisions to this ordinance,as outlined in Council Letter No. 360. He said the purpose of these regulations is to clarify the provisions of the ordinance as they pertain to billboards; to eliminate roof top and wall mounted signs and phase out nonconforming signs over a number of years. Council Meeting Minutes -5- ~ January 10, 1983 2. Notice of the public hearing required before the issuance of sign permits for outdoor advertising displays will be sent to property owners instead of occupants; 3. Sign permits issued for outdoor advertising displays will no longer be subject to renewal after S years; 4. The maximum sign area for each sign face of an outdoor advertising display has been reduced from 825 square feet to 750 square feet; 5. The spacing requirement of outdoor advertising displays from residentially zoned properties has been clarified to say that the sign faces of outdoor advertising displays cannot be visible from the boundary of any residentially zoned properties within 300 feet of the outdoor advertising display; 6. The maximum height of an outdoor advertising display which the city council could apgrove if certain conditions are present has been increased from 40 feet to 45 feet; 7. Nonconforming outdoor advertising displays will be "grandfathered in". They will no longer have to be removed within five years of the effective date of the ordinance. Gordon Anderson, 7501 Elliot, read a prepared statement stating he felt the ordinance should be more restrictive, that Bloomington and Edina have much stricter ordinances. Lawrence Wozniczka, 6744 Wentworth, said these changes looked less restrictive to him, that it further relaxes the abusive or objectionable aspects of the. present ordinances. He stated he wished to go on record as being opposed to this ordinance; he wishes to .protect and beautify th.e city. Ms. Nancy Jorgenson, attorney for Naegele, said a verbal release has been obtained from the Lund's people and a lease has been procured along I-494 for transfer of a sign between the two locations. She said they prohibit outdoor advertising in the scenic areas and keep it in commercial areas, that Naegele is striving to be aesthetically pleasing by using the single Bole sign instead of the rooftop sign, and that 10 percent of all signs are for public service messages. Ms. Jorgenson said she would like to see additional language in the ordinance Council Meeting Minutes -6- January 10, 1983 related to the repair of signs due to the possibility of storm damage to outdoor advertising displays. She asked for two more alterations also. Motion by Bunce, seconded by Ludeman to close the hearing. All ayes - Carried. Motion by Kirsch, seconded by Ludeman to return the ordinance to the staff for further revision and schedule further discussion on this item for February 14, 1983. Ail ayes - Ca--tried. 9. Request for Council Reconsideration for Variance to Construct 8-Unit Condominium, 6945 Penn Avenue City Manager Nollenberger advised the council that Associated Brokers have asked the council to reconsider their action of the December 13, 1982 meeting when they denied a variance to reduce the minimum lot area requirements for an eight-unit condominium from 20,000 square feet to 14,952 square feet. Motion by Kirsch, seconded by Priebe to reconsider this item. All ayes - Carried. Community Development Director Kraft said that, while the staff felt the proposal was a good project for the neighborhood, it must recommend denial because the three conditions for granting variances had not been met; .however, tlae city manager recommended the variance request be approved. Mr. Attilio DeMarco, the developer, explained his interim financing plan, whereby a "pre-sold" requirement is required. Construction will not start until a majority of units are sold. The council discussed their concerns relative to parking and drainage. Motion by Kirsch, seconded by Priebe to approve this variance request with the stipulation that a drainage plan be submitted for the approval of the city staff. All ayes - Carried. Council Meeting Minutes -5- November 22, 1982 Motion by Ludeman, seconded by Kirsch to close the hearing. All ayes - Carried. Absent - Hassenstab. Bi11 1982-43, "An Amendment to Chapter III, Part V, of the Ordinance Code of the City of Richfield, Minnesota", entitled "Signs and Billboards", was read and reviewed by City Attorney Clayton LeFevere, the same being on file in the office of the city clerk. (C-168) Motion by Ludeman, seconded by Kirsch that this constitute a first reading of Bi11 1982-43; that it be published in the official newspaper and that second reading of this ordinance amendment be scheduled for January 10, 1983. Poll of votes: Ayes - Bunce, Kirsch, Ludeman, Hamilton. Nays - None. Absent - Hassenstab. Carried. 8. Ordinance Amendment Relating to Council Salaries. First Reading. City Manager Nollenberger presented an ordinance relating to council salaries for city council first reading consideration. He noted that the city ordinance provides that salaries of the council members be reviewed by December of each year. Mayor Hamilton stated he wished to go on record as saying he was_not interested in increasing the salary for mayor. Motion by Bunce, seconded by Kirsch to increase the council salaries to $5,000, and the mayor salary to $6,500 in 1984, to be effective after the next regular municipal election. Poll of votes: Ayes - Bunce, Kirsch, Ludeman.. Nays - Hamilton. Absent - Hassenstab. Carried. Bill 1982-44, "An Amendment to Chapter XII Section 12.02 of the Richfield Ordinance Code Relating to Compensation of Mayor and Council Members", was read and reviewed by City Attorney .Clayton LeFevere, the same being on file in the office of the city clerk. (C-1982-44) Council Meeting Minutes -6- November 22, 1982 Motion by Bunce, seconded by Kirsch that this constitute a first reading of Bill 1982-44; that it be published in the official newspaper and that second reading of this ordinance amendment be scheduled for December 13, 1982. Poll of votes: Ayes - Bunce, Kirsch, Ludeman. Nays - Hamilton. Absent - Hassenstab. Carried. 8A. Resolution Authorizing Issuance and Sale of $900,000 Commercial Develo went Revenue Bonds for Corporate Travel City Manager Nollenberger presented a resolution for city council approval authorizing approval of the sale and issuance of a partial financing of Commercial Development Revenue Bonds to Corporate Travel to enable them to develop a five story commercial office building at 76th Street and I-35W, as described in Council Letter No. 3b 1. 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. 6690 RESOLUTION AUTHORIZING THE SALE AND ISSUANCE OF COMMERCIAL DEVELOPMENT REVENUE BONDS UNDER THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT TO FINANCE A PROJECT THEREUNDER, SECURED BY PAYMENTS TO BE RECEIVED PURSUANT TO A LOAN AGREEMENT, A PLEDGE AND ASSIGNMENT OF THE CITY`S INTEREST IN THE LOAN AGREEMENT AND PAYMENTS THEREUNDER TO A TRUSTEE, AND A LETTER OF CREDIT FROM THE FIRST NATIONAL BANK OF SAINT PAUL IN FAVOR OF THE TRUSTEE, AND AUTHORIZING THE ERECUTION OF DOCUMENTS Poll of votes: Ayes - Bunce, Kirsch, Ludeman, Hamilton. Nays - None. Absent - Hassenstab. Carried. This resolution appears as Resolution No. 6690 in Resolution Book No. 49. 9. Designation of Auditin Firm for 1982 City Financial Audit City Manager Nollenberger presented for council approval, a contract with the Council Meeting Minutes =7- November 22, 1982 firm of Cummings, Keegan & Company for auditing services of the 1982 financial records. Motion by Ludeman, seconded by Bunce to continue with the auditing services of Cummings, Keegan and Company for the year 1983. A11 ayes - Carried. Absent - Hassenstab. 10. Approval of Agreement With South Hennepin Human Services Council (SHHSC) Concerning SHHSC Use of Richfield Community Development Block Grant Funds for HOME Program~(11A) Councilmember Ludeman requested the staff to check into any changes in Babe in the SHHSC Program. He said that Richfield is the only city that has a home care program. Motion by Ludeman, seconded by Bunce to authorize the mayor and city manager to execute an agreement with SHHSC to approve a $3,323 appropriation to fund the HOME Program. All ayes - Carried. Absent - Hassenstab. li. Consent Calendar Motion by Ludeman, seconded by Bunce that the following items be approved: A. Change of Location - Chuck E. Cheese Restaurant Approve the new locatio~i- of the restaurant in a portion of the space previously occupied by Super Valu in the Southdale Square Shopping Center. B. Cancellation of Public Hearing, Housing Plan RESOLUTION N0. b691 RESOLUTION CANCELING A PUBLIC HEARING ON THE ADOPTION OF A HOUSING PLAN FOR THE CITY C. Purchase in Excess of $2,500 Rock Salt - Authorize master purchase order to Cargill for 1,000 tons of salt at a unit price of $18.34 per ton, plus $1.91 per ton delivery for a total estimated purchase order of $20,250. Council Meeting Minutes -8- November 22, 1982 Enemy Management System - Authorize purchase of a Paragon EC702 Programmer and EC403 Optimizer, an override timer for council chambers, and four additional circuits, including ail materials and labor for complete installation from Advanced Energy Systems, Inc. in_the amount of $5,334. Golf Course Fertilizer - Authorize purchase of 20 tons of 24-4-12 at $678/ton, and 2 tons of 20-0-16 at $779/ton from Turf Supply Co., for an estimated total of $15,118. D. Preliminary Report and Scheduling Public Hearin on Reconstruction of 66th Street and Penn Avenue Intersection CP 780 RESOLUTION N0. 6692 RESOLUTION RECEIVING REPORT AND CALLING HEARING FOR CP 780 RECONSTRUCTION OF 66TH STREET AND PEP1N AVENUE INTERSECTION E. Approval of Plans and Specifications and Authorization to Advertise for Bids - Traffic Signal at 76th.Street and Lyndale Avenue RESOLUTION N0. 6693 RE5OLUTION TO APPROVE PLANS AND SPECIFICATIONS AND ORDER ADVERTISEMENT FOR BID FOR CP 773 - 76TH STREET AND LYNDALE AVENUE SIGNAL IMPROVEMENTS AND APPURTENANT WORK F. Payments and Estimates 1. Hayes Contractor, CP 707-1561, Sanitary Sewer Lift, ~~2, final - F43,990 Z. W & G Rehbein Bros., Contract 2377, final, Lime Sludge Excavation and Disposal - $54,549.60 3. Action Construction, CP 707-1562, Estimate ~~3 and final, Adams Hill Pump Station - $8,403.40 G. Licenses Committee for Environmental Learning Center, Richfield Intermediate School, 7020 - 12th Avenue, Nov. 24 - Dec. 10, 1982 - Fee Waived Raffle Licens All ayes - Carried. Absent - Hassenstab. Council Meeting Minutes -9- November 22, 1982 12. Claims and Payrolls Motion by Bunce, seconded by Ludeman that the following claims and payrolls be approved: RICHFIELD BANK & TRUST Checks 3259/61130 General $ 564,939.74 _ Checks 87073/87406 Payroll 206,287.81 SUMMIT STATE BANK Checks 64845/64874 $2,178,179.81 All ayes - Carried. Absent - Hassenstab. 13. Adjournment Motion by Bunce, seconded by Ludeman that the meeting adjourn. All ayes - Carried. Absent - Hassenstab. Time: 9:00 p.m. ,~ Date Approved: December 13, 1982 Syl a K. Bergh City Clerk %Uohn Haayi~/ton' ~ Mayor ~~~~. Karl Nollenberger City Manager