Loading...
12-13-1982CITY OF RICHFIELD REGULAR CITY COUNCIL MEETING December 13, 1982 The city council of the City of Richfield met in regular session in the council chambers of the city hall on Monday, December 13, 1982 at 7:00 p.m. Mayor Hamilton called the meeting to order at 7:09 p.m. Present: Bunce, Hassenstab, Kirsch, Ludeman, Hamilton Girl Scout Troop 826 led the audience in the Pledge of Allegiance. Pastor Jerry Larson, of Woodlake Lutheran Ghurch, provided the invocation. 1. Approval of Minutes of Regularly Scheduled Meeting of November 22i 1982 Motion by Ludeman., seconded by Kirsch to approve the minutes of the regularly scheduled meeting of November 22, 1982. All ayes - Carried. 2. Presentation of Needs Assessment Report by Advisory Board of Health Mr. Stuart Swanson, Chairman of the Advisory Board of Health, presented a report of their activities to councilmembers. Motion by Kirsch, seconded by Hassenstab to accept the report and express the thanks of the council on behalf.~of the community for the work of those concerned. All ayes - Carried. 3. Presentation of Certificate of Appreciation Mayor Hamilton presented a certificate of appreciate to Dick Holmberg in recognition of his outstanding civic activities. 4. Council Approval of Agenda Councilmember Ludeman asked to add two discussion items - Improving election processes, and health inspection of restaurants. Motion by Hassenstab,. seconded by Kirsch to approve the agenda as amended. All ayes - Carried. Council Meeting Minutes -2- December 13, 1982 5. Request for Variance to Minimum Lot Requirement, 6945 Penn City Manager Nollenberger introduced the proposal of Associated Brokers for council approval of a variance to the minimum lot area requirement to allow con- struction of an 8 unit condominium at 6945 Penn Avenue. Dennis Kraft, Community Development Director, reviewed the city manager and planning commission recommendation for approval of this variance with the stipulation that a drainage plan be submitted for city staff approval. Mr. Attilio S. DeMarco, of Associated Brokers, spoke on behalf of his firm's proposal and responded to council questions. Mr. Jerry Pederson, 7014 Oliver, expressed opposition to this proposal. He said he felt the units proposed were more like small rental units than condominiums. Mr. Steven Shelton, 7000 Oliver, said he feared the units would be rented, not sold and asked for a month delay in processing this request. Motion by Bunce, seconded by Hassenstab to close the hearing. All ayes - Carried. Motion by Bunce, seconded by Ludeman to deny this request for variance. Poll of votes: Ayes - Bunce, Kirsch, Ludeman. Nays - Hassenstab, Hamilton. Carried. 6. Request for Special Use Permit for a Restaurant Serving Liquor, 1200 E. 78th Street City Manager ~7ollenberger introduced the request of Webb Enterprises, Inc. to build a Winfield Potter's Restaurant at 1200 E. 78th Street. Community Development Director Dennis Kraft reviewed the proposal to create a restaurant at this location and the zoning requirements, as outlined in Council Letter No. 365. Mr. David Webb, 513 Summit Avenue, St. Paul, developer of the project, cited the high interest rate structure of recent years as hindering development of the Council Meeting Minutes -3- - December 13, 1982 of the restaurant; that the proposed restaurant will cost in excess of $1 million; will provide around 150 jobs and will be a dramatic improvement to the community. He said a neighborhood canvass had engendered overwhelming support. Motion by Bunce, seconded by Kirsch to approve this special use permit, subject to the stipulation that final site, landscaping and screening plans be submitted for city staff approval and that the curb cut to 12th Avenue, which is shown in Phase I be closed. Ali ayes - Carried. 7. Public Hearing Relating to Renewal of On-Sale Liquor, Sunday Liquor and Tavern Licenses for ChiChi's, 7717 Nicollet Avenue City Manager Nollenberger presented the request of Consul Corporation, dba ChiChi's Restaurant, 7717 Nicollet Avenue, for renewal of on-sale and Sunday liquor licenses, as outlined in Council Letter No. 369. He cited improvements made in the reduction of Public Safety incidents during -1982 and praised the improved conditions of the establishment. Craig Schreiber, 3212 W. 66th Street, Edina, manager of ChiChi's, appeared and spoke on behalf of his employer. Motion by Kirsch, seconded by Hassenstab to approve renewal of the on-sale and Sunday liquor licenses for Consul Corporation, dba ChiChi's Restaurant. All ayes - Carried. 8. Public Hearing Relating to Renewal of On-Sale, Sunday__Liquor, and Tavern Licenses for the Godfather, Inc., 798 West 66th Street City Manager Nollenberger introduced the request of Vino`s Godfather Restaurant for renewal of on-sale and Sunday liquor licenses, as outlined in Council Letter No. 373. Mr. John Anzevino, corporate officer for the Godfather, Inc., appeared to answer council questions. Councilmember Hassenstab commended Mr. Anzevino on improving the conduct of his patrons. Council Meeting Minutes -4- December 13, 1982 Motion by Ludeman, seconded by Hassenstab to close the hearing. All ayes - Carried. Motion by Hassenstab, seconded by Bunce to approve the renewal of on-sale and Sunday liquor licenses for Vino's Godfather Restaurant. All ayes - Carried. 9. Public Hearing Relating to Renewal of On-Sale Liquor and Sunda Liquor Licenses for Ground Round Restaurant 1500 East 78th Street City Manager Nollenberger presented the request for renewal of on-sale and Sunday liquor licenses for Howard Johnson Company, dba Ground Round Restaurant, 1500 E. 78th Street, as described in Council Letter No. 374. Motion by Ludeman, seconded by Hassenstab to close the hearing. All ayes - Carried. Motion by Hassenstab, seconded by Kirsch to approve renewal of on-sale and Sunday liquor licenses for the Ground Round. All ayes - Carried. 10. Public Hearing Relating to Proposed Improvements to the 66th Street/Penn Avenue Intersection City Manager Nollenberger opened the public hearing on the proposed reconstruction of the 66th Street and Penn Avenue intersection, as described in Council Letter No. 378 City Engineer Michaet Easting, with visual aids, explained the proposed project to the audience. He said the city and county both regard 66th Street and Penn Avenue as being a busy intersection. He cited various traffic counts and data on accident reduction due to the installation of medians. John Janski, appraiser at 110 W. 26th Street in Minneapolis, told of similar projects in Minnetonka where land values increased from 20 to 28 percent after installation of improvements. Lawrence Wozniczka, 6744 Wentworth, voiced concerns over sidewalk and pedestrian issues. Council Meeting Minutes -5- December 13, 1982 Charles I. Amend, 2501 W. 66th Street, said he was concerned about the residential, not commercial impact of this project. Jeff Erickson, 6612 Penn Avenue, listed similarities and differences between Penn Avenue and 66th Street and Minnetonka. He said this area has been fully developed for a long time; the character of the town is different. Dan Ettinger, proprietor of Mr. Donut at 66th and Penn, asked how much parking he will lose to this construction. The city engineer advised that six parking places would be eliminated. Kerry Spencer, from Sunshine Cleaners at 6627 Penn, asked questions about adjustments in the sidewalks and the length of construction. A representative from the engineering firm associated with Mr. Donut, said this type of project would put undue hardship on a small business; that the firm had a remodeling plan set which would generate more business, not less. She requested a plan for less land loss. Gertrude's Apparel, 6626 Penn, expressed concerns about the loss of on-street parking. Bernie I. Larson, 6544 Newton, asked how much of his property will be taken. Jeff Nadler, owner of Arby's Restaurant, said he feels that this proposal will hamper his business, as he will lose parking, the patio and the sign. He projected a 20 to 4S percent reduction in business and said he will move if the project proceeds even if he has been at the same location for 14 years. Ray Thorp, 3727 Hilltop Road, Minnetonka, property owner of Arby's property, said the proposal upsets him and asked for better alternatives. Jim Lamson, owner of rental units at 66th and Oliver, asked if the median needed to be so wide. Council Meeting Minutes -6- December 13, 1982 Chuck Hagman, of Auto Machine Supply, 6501 Penn, asked if he will have to pay for sidewalks again. He was advised that he would not. Dr. E. A. Corazalla, 2412 W. 66th Street, complained about losing 3,500 square feet and trees. Thomas McVay, 6301 Thomas, asked how this will impart the residential property owner. The city engineer replied that the project will be funded by gas tax dollars. DebbiQ.Erickscn, owner of Sandy's Tavern, 6612 Penn, expressed concern for the loss of 12 feet and fear for ruination of her business. John Marsicano, 6515 Knox, noted the lack of positive aesthetics for Richfield and said no more asphalt or concrete is needed. Marv Menzel, 6625 Penn, of the Homestead Pickin' Parlor, expressed concern for access and parking for his business and noted that there is not a lot of popular sentiment expressed for this project. Motion by Bunce, seconded by Ludeman to close the hearing. All ayes - Carried. Motion by Bunce, seconded by Hassenstab to delay this project until the January 10, 1983 council meeting. All ayes - Carried. Council recessed at 9:30 p.~, and reconvened at 9:40 p.m. 11. Location Request for Replacement of Billboard, Lund's Pro ert City Attorney Clayton LeFevere advised~of negotiations in progress between the city legal staff and the Naegele Company. He cautioned on avoiding litigation and indicated that Naegele is willing to seek a new location for the sign, preferably along Highway 494. Robert Hoffman, of Northwest Financial Center, appeared on behalf of the Naegele Company to answer council questions. Council Meeting Minutes -7- December 13, 1982 David Covington, 6211 Russell, suggested a provision be drafted to exclude lighting on this sign for a 15 month period. Timothy Sather, 6210 Russell, also asked that the sign not be illuminated; that no cigarette or alcohol ads be used and then remove the sign after 15 months. Motion by Hassenstab, seconded by Bunce to close the hearing. All ayes - Carried. Motion by Hassenstab, seconded by Kirsch to allow the sign to remain, subject to the following stipulations: The sign will be removed after 15 months at no cost to the city; The city staff and Naegele representatives will expedite processing arrangements; No cigarette or alcohol ads are to be displayed; The sign will not be illuminated; The staff shall report back to the council no later than February, 1983. All ayes - Carried. 12. Variance Request to Reduce the Frontyard Setback to Construct a Billboard, 6300 Penn Avenue City Manager Nollenberger introduced a request of Naegele Outdoor Advertising for a variance to reduce the required front yard setback of an outdoor billboard sign from 40 feet to 20 feet, as explained in Council Letter No. 367. He said through an oversight, the permit had been issued to install the sign at a 20 foot setback instead of the required setback. Naegele's was informed of the 40 foot setback requirement prior to erection of the sign, but this was ignored by the sign installer, and now Naegele's was asking for a variance to the setback requirement. The city manager reported on the city staff and planning commission recommendations for denial of this request for variance. Council Meeting Minutes -8- December 13, 1982 Nancy Jorgenson, attorney for Naegele, discussed the options of rooftop signs versus ground signs and heights. She said Richfield has an antiquated ordinance. Gordon Lundberg, 6345 Sheridan, acknowledged deficiencies in our ordinance, but indicated Naegele has been cognizant of our restrictions for many years. He said the presence of these huge signs detracts from our property values; that unsightliness should be minimized. John Marsicano, 6515 Knox, also expressed opposition to this request for variance. Motion by Bunce, seconded by Kirsch to close the hearing. All ayes - Carried. Motion by Ludeman, seconded by Hassenstab to approve this variance to allow a 20 foot setback. Poll of votes: Ayes - Hassenstab, Kirsch, Ludeman, Hamilton. Nays -Bunce. Carried 13. Ordinance Amendment Relatin to MR-3 Zoning District Boundaries First Reading. City Manager Nollenberger presented an ordinance providing for the rezoning of MR Multiple Residence property to MR-3 Multiple Residence property if there are 18 or more dwelling units on parcels which meet the MR-3 district minimum lot area requirements of one acre. Motion by Bunce, seconded by Hassenstab to close the hearing. All ayes - Carried. Bill 1982-45, "An Amendment to Appendix C of the Ordinance Code of the City of Richfield, Minnesota", defining the boundaries of the 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-170) Motion by Bunce, seconded by Hassenstab that this constitute a first reading of Bill 1982-45; that it be published in the official newspaper and that second reading of this ordinance amendment. be scheduled for January 10, 1983. Council Meeting Minutes -9- December 13, 1982 Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Hamilton. Nays - None. Carried. 14. Resolution Relating to Approval of Contractual Agreement Between the City of Richfield and the International Union of Operating. Engineers, Local 49 City Manager Nollenberger presented a resolution providing for approval of a contract for 1983 and 1984 with I. U.O. E. Local 49, the labor bargaining group that represents the city's maintenance workers, for city council approval. 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. 6699 RESOLUTION APPROVING MEMORANDUM OF UNDERSTANDING AND MASTER LABOR AGREEMENT BETWEEN CITY OF RICHFIELD AND INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL 49 AFL/CIO FOR THE YEARS 1983/84 Po11 of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Hamilton. Nays - None. Carried. This resolution appears as Resolution No. 6699 in Resolution Book No. 49. I5. Resolutions Relating to Adjustments in Compensation and Benefits for Employees in the General Services, Management and Specialized Pay Plans Joyce Wilde, Administrative Services Director, reviewed the recommended 1983 adjustments in the General Services and Management pay plans, as outlined in Council Letter No. 382. Ms. Wilde also summarized the Personal Leave/Short-Term and Long-Term Disability provision which will be implemented for General Services employees in February, 1983, and the city's contribution toward health and dental insurance. Motion by Ludeman, 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. 6696 RESOLUTION RELATING TO THE 1983 GENERAL SERVICES SALARY COMPENSATION PLAN Council Meeting Minutes -10- December 13, 1982 Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Hamilton. Nays - None. Carried. This resolution appears as Resolution No. 6696 in Resolution Book No. 49. Motion by Ludeman, 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. 6697 RESOLUTION RELATING TO THE 19$3 MANAGEMENT SALARY COMPENSATION PLAN Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Hamilton. Nays - None. Carried. This resolution appears as Resolution No. 6696 in Resolution Book No. 49. Motion by Ludeman, 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. 6698 RESOLUTION RELATING TO THE 1983 SPECIALIZED PAY PLAN Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Hamilton. Nays - None. Carried. This resolution appears as Resolution No. 6698 in Resolution Book No. 49. Motion by Ludeman, 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. 6700 RESOLUTION DESIGNATING CITY'S CONTRIBUTION TOWARD HEALTH, TERM LIFE AND DENTAL INSURANCE PREMIUM Po11 of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Hamilton. Nays - None. Carried. This resolution appears as Resolution No. 6700 in Resolution Book No. 49. Motion by Ludeman, seconded by Hassenstab that the following resolution be adopted; that it be spread fn the resolution book and that it be made a part of these minutes: Council Meeting Minutes -11- December 13, 1982 RESOLUTION N0. 6701 RESOLUTI ON AUTHORIZING GROUP SHORT-TERM AND LONG-TERM DISABILITY INSURANCE COVERAGE AND CITY CONTRIBUTION FOR GENERAL SERVICES EMPLOYEES Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Hamilton. Nays - None. Carried. This resolution appears as Resolution No. 6701 in Resolution Book No. 49. Bill 1982-46, "An Amendment to Section 2.33 of the Ordinance Code of the City of Richfield", relating to terms of employment of certain city employees, was read and reviewed by City Attorney Clayton LeFevere, the same being on file in the office of the city clerk. (C-171) Motion. by Ludeman, seconded by Hassenstab that this constitute a first reading of Bill 1982-46; 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 - Bunee, Hassenstab, Kirsch, Ludeman, Hamilton. Nays - None. Carried. 16. Proposed Guidelines for 4th of July Committee City Manager Nollenberger reviewed the proposed guidelines for the Fourth of July Celebration Committee, as set forth in Council Letter No. 380. Community Services Director Don Fondrick provided comments and clarification to council members. Tim Lindgren, 6612 Knox, a resident who has worked on the committee in previous years, said anyone in the city can get involved in this project and it is the goal of those who have been on the committee that the celebration will be self-supporting in three years. Motion by Ludeman, seconded by Kirsch to adopt the proposed guidelines. All ayes - Carried. 17. Council Choice Council Meeting Minutes -12- December 13, 1982 Councilmember Bunce expressed concern about enforcement of the dog leash ordinance especially in the west end of town. The city manager indicated he will investigate. Councilmember Ludeman asked for a review of the ordinance requirements of inspections of restaurants. Councilmember Ludeman also commented about the long voting lines during the recent electio~z. He suggested the staff investigate the cost of purchasing more voting machines. 18. A. Consent Calendar r Motion by Hassenstab, seconded by Ludeman that the following items be approved: Release of Off-Street Parking Bond, 6529 Cedar Avenue RESOLUTION N0. 6694 RESOLUTION RELATING TO RELEASE OF BOND ON OFF-STREET PARKING Brisson Stucco and Plaster 10701 Morgan Avenue South Bloomington, MN 55431 Location: 6529 Cedar Avenue Use: New Building Off-Street Parking No. 79-11 Contract No. 2310 B. Release of Off-Street Parking Bonds, 1912 E. 66th Street RESOLUTION N0. 6695 RESOLUTION RELATING TO RELEASE OF BOND ON OFF-STREET PARKING North Star Bumper Exchange 1912 E. 66th Street Richfield, MN 55423 Location: 1912 E. 66th Street Use: Auto Farts Dealership Off-Street Parking No. 81-11 Contract No. 2341 C. Agreement for Counseling Services with Storefront/Youth Action, Inc 1983 Approve Agreement for Counseling Services for 1983 and authorize the mayor and city manager to sign such agreement. Council Meeting Minutes -13- December 13, 1982 D. Approval of 1983 Health Service Contract with City of Bloomington Authorize the mayor and city manager to execute a contract for health services with the City of Bloomington for 1983. E. Resolution Endorsing Proposed Improvements to France Avenue I-494 Interchange RESOLUTION N0. 6702 RESOLUTION ENDORSING LAYOUT N0. 3 FOR THE IMPROVEMENT OF THE I-494/FRANCE AVENUE INTERSECTION F. Approval of Contract with Project Charlie III Approve agreement with Project Charlie III for crime protection services for 1983. G. Setting Date of Hearing for Liquor License Renewals for VFW and American Legion Set the date of hearing for January 10, 1983 to consider liquor license renewals for the Veterans of Foreign Wars and the American Legion Post. H. Cancellation of December 30, 1982 City Council Meeting Approve cancellation of the rescheduled city council meeting of December 30, 1982. I. Approval of Purchases in Excess of $2,500 Enclosed Strobe Light Bar System Authorize the purchase of eight enclosed strobe light bar systems, less trade of the existing systems, from Road Rescue, Inc., in the amount of $8,562.64. Squad Cars Authorize the replacement purchase of four marked squad cars, and one unmarked squad car from Southdale Ford for a total purchase proce of $42,981.55. J. Payments and Estimates 1. Rutledge Construction, CP 767, Final, Public Safety Building Addition - $39,205.28 2. Natural Green, Inc., CP 760, Estimate ~~11, site construction, Monroe- Fairwood Park - $10,449.90 Council Meeting Minutes -14- December 13, 1982 3. Henry Mikkelson, CP 760, Estimate ~~10, Shelter - Monroe Park - $7,0.08.50 4. Arcon Construction, CP 772, Final, 1982 sidewalk improvements - $6,830.40 5. Arcon Construction, CP 775, Final, 1982 a11ey improvements - $6,427.01 All ayes - Carried. 19. Claims and Payrolls Motion by Hassenstab, seconded by Ludeman that the following claims and payrolls be approved: RICHFIELD BANK & TRUST Checks 3287/6144.7 General $ 369,512.93 Checks 87408/87751 Payroll 207,210.13 SUP~2iT STATE BANK Checks 64875/6490b $2,433,244.57 All ayes - Carried. - 20. Adjournment Motion by Hassenstab, seconded by Ludeman that the mee ng adjourn. All ayes - Carried. Time: 11:30 p.m. _ ,~ / Date Approved: ,?anuary 10, 1983 Mayor J ~,JZ~ via Berg City Clerk Karl Nollenberger City Manager ~_