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03-14-1983CITY OF RICHFIELD REGULAR CITY COUNCIL MEETING March 14, 1983 The city council of the City of Richfield met in regular session in the council chambers of the city hall on Monday, March 14, 1983 at 7:00 p.m. Council President Pro Tempore Ivan Ludeman called the meeting to order at 7:07 p.m. Present: Bunce, Hassenstab, Kirsch, Ludeman, Priebe Absent: Hamilton (Arrived at 7:20 p.m.) Camp Fire girls from Richfield Intermediate School presented the colors anal led the audience in the Pledge of Allegiance. President Pro Tempore Ludeman provided the invocation. 1. Approval of Minutes of Regular Meeting of February 28, 1983 Motion by Hassenstab, seconded by Kirsch that the minutes of the regularly scheduled meeting of February 28, 1983 be approved. All ayes - Carried. Absent - Hamilton. 2. Camp Fire Girl Birthday Week Celebration President Pro Tempore Ludeman read a Camp Fire "Birthday" celebration in honor of the organization`s 73rd birthday which is being celebrated during March of 1983. He presented proclamations to the Camp Fire girls present and they presented cupcakes to council members Council Membex Bunce distributed booklets on the flag to the girls. 3. Council Approval of Agenda Council Member Priebe requested Item 17-F, "Award of Architectural Contract, Rase Two, Public Safety Improvement Facility Project", be removed from the Consent Calendar. Motion by Hassenstab, seconded by Bunce to approve the agenda, as amended. All ayes - Carried. Absent - Hamilton. Council Meeting Minutes -2- 4. Public Hearing, Alley Im rovement Project 1983, CF 786 March 14, 1983 City Manager Nollenberger introduced the public hearing for installation of permanent alleys in seven locations around the city, as noted in Council Letter No. 69. City Engineer Michael Eastling reviewed the methods of payment and the assessment rates for residential and commercial property. Mayor Hamilton arrived at 7:20 p.m. Tom Kegley, 6808 Garfield, asked if residents would be notified of construction so that they could park their cars in the street during the time the alleys are being completed. The city engineer said the affected neighbors will be advised by letter. Clarence Osman, 6629 Vincent, asked how the bidding process was conducted for the award of contract for this work and asked why estimated costs were so hi City Attorney LeFevere said the figures presented this evening were only engineering estimates and he stressed that the city will go out for competitive bids and the costs may well be lower. Tom Thompson, 6808 Grand, asked if property owners have to pay for the removal of tress. The city engineer advised that it becomes part of the project costs. Motion by Hassenstab, seconded by Ludeman to close the hearing. A11 ayes - Carried. 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. 6727 RESOLUTION ORDERING THE PAVING OF SEVEN ALLEYS AND PREPARATION OF PLANS CP 786 Council Meeting Minutes -3-. March 14, 1983 Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Priebe, Hamilton. Nays - None. Carried. This resolution appears as Resolution No. 6727 in Resolution Book No. 49. 5. EXtra Item Richard Miller, 7338 Pleasant Avenue, appeared and discussed various issues of concern to him such as, fitness programs for police officers, towing/parking issues, drunk driving and raising the drinking age. Mayor Hamilton thanked him for expressing his views and indicated he would provide him with a written response to all the points raised. 6. Request at to t City Manager Nollenberger introduced the request to relocate the Kentucky Fried Chicken restaurant from its present location at 67th and Lyndale to 220 W. 66th Street, the former site of Clark Oil Company which is now owned by the Richfield HRA. Community Development Director Dennis Kraft reviewed the physical description of the restaurant; the pedestrian accessways and the parking guidelines. Lawrence Wozniczka, 6744 Wentworth, said the pedestrian problem is not being solved and expressed a concern for a comprehensive pedestrian plan with improved access to Snyder Drugs and Hawser's. Mayor Hamilton said he too shared Mr. Wozniczka's concern and indicated he will try to solve the problem. Motion by Hassenstab, seconded by Bunce to close the hearing. All ayes - Carried. Yuri Osgov, construction manager for Kentucky Fried Chicken, said a landscape plan was submitted today and that they are redesigning the mansard roof. Council Meeting Minutes -4- March 14, 1983 Council Member Priebe asked the cost implications of the restaurant moving from their present location. The city attorney said an "agreement in principle" exists at this time, that the HRA is involved and will consider this at their March 21st meeting. Motion by Hassenstab, seconded by Kirsch that the following resolution be adopted; subject to the following stipulations as listed in Council Letter No. 68: 1. That the exterior building material of the mansard roof meet the urban design elements; 2. That a landscape plan be submitted for city staff approval; 3. That perimeter curbing be provided along the north edge of the property and the south edge of the parking area east of the building; 4. That two lanes of traffic existing to the south be maintained; 5. That an easement be provided for the installation of a sidewalk in the eastern edge and possibily the northern edge of the property ( the latter. subject to•staff discussions of the space needs with Hauserl Snyder project). that it be spread in the resolution book and that it be made a part of these minutes: RE50LUTION N0. 6728 1tESOLUTION APPROVING A SPECIAL USE PERMIT {xENTUCK~ FRIED CHICKEN, 22o W. 66TH STREET) Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Priebe, Hamilton. Nays - None. Carried. This resolution appears as Resolution No. 6728 in Resolution Book No. 49. 7. Variance Regnest__from the Rooftop Mechanical Unit Screening Regulations Lake Shore Drive Condominiums9 6615 Lake Shore Drive City Manager Nollenberger presented the request of Knutson Independent Living Centers for a variance to exempt them £rom screening rooftop mechanical units at the Lake Shore Drive Condominium at 6615 Lake Shore Drive. Community Development Director Dennis Kraft outlined the staff and planning commission opposition to the granting of this variance. He stressed that denial of this request was important because the mechanical equipment would be visible Council Meeting Minutes -5_ March 14, 1983 from any proposed structures on the "Godfather Block". Architect Bruce Knutson, representing the Knutson Company, spoke on behalf. of this proposal. Council Member Ludeman said he viewed the screening as detracting from the aesthetics of the building. Motion by Bunce, seconded by Hassenstab to close the hearing. All ayes -~ Carried. Motion by Ludeman, seconded by Priebe 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. 6729 RESOLUTION APPROVING A VARIANCE TO THE RICHFIELD CODE OF ORDINANCES (LAKE SHORE DRIVE CONDOMINIUM) Poll of votes: Ayes - Bunce, Kirsch, Ludeman, Priebe. Nays - Hamilton, Hassenstab. Carried. This resolution appears as Resolution No. 6729 in Resolution Book No. 49. 8. Final Development Plan, Special Use Permit and Off-Street Parking Permit Hauser/Snyder Hub Area City Manager Nollenberger presented the request for approval of a final development plan, special use permit and off-street parking permit of the Hub/ Summit/Penny Planned Unit Development to allow construction of an addition to the existing building. Community Development Director Dennis Kraft reviewed the proposal with visual aids. He said Hauser's had been discussing the possibility of building an arcade to connect their store with a rear entrance to the K-Mart area and that setbacks are being reduced in an effort to eliminate pedestrian and vehicular conflicts. Architect Herb Schneider explained the proposed addition and landscaping plans. Council Meeting Minutes -6- March 14, 1983 Motion by Bunce, seconded by Kirsch to close the hearing. All ayes - Carried. Motion by Hassenstab,. seconded by Bunce to approve the final development plan, subject to the following stipulations: 1. That the trees be provided as indicated on the approved PUD plan; 2. That the crosswalk across 65th Street adjacent to East Pleasant Avenue should remain at its existing location. The driveway should be widened to the west and redesigned to accomu~odate semitrucks. The final design of the curb cut should be submitted for city staff approval. 3. That a schedule of light replacement for parking lot lights be submitted for staff approval to bring these light standards in conformance with L/H/N guidelines. 4. That pedestrian sidewalk be constructed from the Kentucky Fried Chicken north property line to the sidewalk system on the Hub-Snyder-Hauser properties, subject to city staff approval. 5. That Fotomat be repainted to colors conforming with earth tones in the L/H/N or the structure be removed at the earliest possible time. A11 ayes - Carried. Motion by Hassenstab, 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. 6730 RESOLUTION APPRO©ING LAYOUT AND CONTRACT FOR 0~'F-STREET PARKING II-T ACCORDANCE WITH APPLICATION NO. 83-2 CONTRACT NO. 2351 Penny Super Markets Inc. Location: 6500-6530 Pillsbury Avenue Use: Commercial Uses Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Priebe, Hamilton. Nays - None. Carried. This resolution appears as Resolution No. 6730 in Resolution Book No. 49. Motion by Hassenstab, seconded by Bunce that the following resolution be Council Meeting Minutes -7- March 14, 1983 adopted; that it be spread in the resolution book and that it be made a part of these minutes: RESOLUTION N0. 6731 RESOLUTION APPROVING A SPECIAL USE PERMIT (PENNY SUPER MARKETS INC. 6500-6530 PILLSBURY AVE.) Po11 of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Priebe, Hamilton. Nays - None. Carried. This resolution appears as Resolution No. 6731 in Resolution Book No. 49. 9. Year TX Community Development Block Grant Program, Public Hearing City Manager Nollenberger opened the public hearing which was scheduled to provide citizens information about the Community Development Block Grant (CDBG) Program and to obtain views of citizens on local housing and community development needs prior to the final submittal of~a preliminary CDBG grant application to the county. Community Development Director Dennis Kraft reviewed the State of Objectives of the CDBG program, as outlined in Council Letter No. 85, and gave an overview of the CDBG program requirements, Sue Sarver, 7345 Wentworth, expressed concern about the proposed list of block grant requests and the shortfall of $53,800 anticipated for the coming year. Lawrence Wozniczka, 6744 Wentworth, spoke about the need of undergrounding of utility wires and the hope it could be included in this program. Betty Carr, 6633 Lynwood Boulevard, spoke on behalf of daycare for low income people of Richfield and that- she hoped these people could be helped directly with these funds. Motion by Hassenstab, seconded by Ludeman to continue the public hearing to March 28, 1983. All ayes - Carried. Council Meeting Minutes -8- March 14, 1983 Council recessed at 9:27 p.m. and reconvened at 9:40 p.m. 10. Request for a Permit to Construct an Outdoor Advertising Displa (Billboard) at 1bfl0 E. 78th Street City Manager Nollenberger introduced the request of Naegele Outdoor Advertising Company for council approval to locate a 14' x 48' outdoor adver- tising display on the Stadium Office Park property located at 1600 East 78th Street. This is the substitute location for the sign presently located on Lund's groperty. Ms. Nancy Jorgenson, representing Naegele, spoke on behalf of her employer and said they have an agreement in principle with Lund's to release the Aresent lease for a sign. She said the new sign can be completed on or about April 1, 1983. The city manager read a letter from Normark Corporation, 1710 E. 78th Street, (C-183) asking the council to deny this request. Motion by Bunce, seconded by Ludeman to close the hearing. All ayes - Carried. Council Member Priebe cited the aesthetics of a 48' sign. He said that height in the ordinance was contrived to meet the requirements of Naegele. He also said that he found it incongruous that council members found concern about a 4' x 6' Fotomat building roof color being at odds with L/H/N standards and having no problem or concern about this large sign depicting perhaps a Marlboro Man or some such. Motion by Kirsch, seconded by Bunce to approve the location of this sign at 1600 E. 68th Street contingent upon removal of the sign at Lund°s. Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Hamilton. Nays - Priebe. Carried. Council Muting Minutes -9- March 14, 1983 11. Ordinance Amendment Relating to Mobile/Manufactured Home Regulations. First Reading. City Manager Nollenberger reviewed a proposed ordinance relating to regulation of mobile/manufactured homes. He said the 1982 Minnesota Legislature passed a law which prohibits cities from excluding mobile/manufactured homes from locating in their cities. The statute also states that, if a mobile home has a seal of approval from the State Building Code Division, that home is not required to comply with local codes; therefore, an ordinance has been drafted to establish regulations which would make mobile homes more compatible with various kinds of single family residences. Community Development Director Kraft outlined the following conditions set forth in the ordinance, as stated in Council Letter No. 67: 1. Require that new dwellings be placed on a~foundation or frost footing which is in compliance with the state building code; 2. A11 dwellings shall be a minimum of 22 feet in width, and shall contain a minimum of 500 square feet of habitable floor space; 3. Every stairway, parch, balcony, awning or other exterior addition or appurtenance shad be in compliance with the State Building Code, firmly attached to the dwelling, shall be attractive and functional in design, shall be sound and permanent in its construction and shall be permanently maintained in a safe and functional state of repair. 4. Prohibit the construction of manufactured (mobile) homes in the R-1 Special Residential dwelling district. Sid Sanford, 7000 Portland Avenue, expressed concern about electrical seals. Lawrence Wozniczka, 6744 Wentworth, said this ordinance could provide for potential blight and that he was opposed to it. The mayor responded that the opposite was true, that this ordinance put limitations on potential blight allowed by state law. Council Member Priebe said he has seen several mobile homes that have been landscaped well and decorafied in an attractive manner. Council Meeting Minutes -10- March 14, 1983 Motion by Ludeman, seconded by Kirsch to close the hearing. All ayes - Carried. Bill 1983°7, "An Ordinance Setting Performance Standards for Dwellings", relating to zoning regulations was read and reviewed by City Attorney Clayton LeFevere, the same being on file in the office of the city clerk. (C-184) Motion by Ludeman, seconded by Kirsch that this constitute a first reading of Bill 19$3-7; that it be published in the official newspaper anal that second reading of this ordinance amendment be scheduled for March 28, 1983. Poli of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Priebe, Hamilton. Nays - None. Carried. Motion by Hassenstab, seconded by Ludeman that the city manager be directed to express objections to the state legislators concerning the passage of the legislation last year which allows for the location of mobile homes anywhere in the community. All ayes - Carried. 12. terns Eden Prairie, Edina, Hopkins, Minnetonka and Richfield have arrived at regarding understanding of areas designated as Initial Service Area and Line Extension Area for cable television service. He reviewed a Findings of Fact clarifying this policy and recommended the council adopt the Southwest Cable Commission's Findings of Fact and the ordinance describing the facilities to be provided by Minnesota Cablesystems-Southwest. Ms. Dottie Rictow, speaking in the capacity as government relations Citq Manager Nollenberger reviewed a compromise that the coeanunities of Council Meeting Minutes -11- March 14, 1983 liaison with Minnesota Cablesystems, explained the compromise and indicated that the Richfield access studio will be open on April 14th. Motion by Hassenstab, seconded by Bunce to accept the Findings of Fact of the Southwest Suburban Cable Commission. A11 ayes - Carried. Bill 1983-8, "An Ordinance Setting Forth a Description of the Facilities to be Provided by Minnesota Cablesystems-Southwest, A Minnesota- Limited Partnership; Amending the Line Extension Policy of Minnesota Cablesystems- Southwest; Prescribing Uniform Monthly Rates and Other Charges and Installations as Set Forth Herein; and Amending the Exhibits", was read and reviewed by City Attorney Clayton LeFevere, the same being on file in the office of the city clerk. (C-185) Motion by Hassenstab, seconded by Bunce that this constitutue a first reading of Bill 1983-8; that it be published in the official newspaper and that second reading of this ordinance amendment be scheduled for March 28, 1983. Poll of votes: Ayes - Bunce, .Hassenstab, Kirsch, Ludeman, Priebe, Hamilton. Nays - None. Carried. 13. 1983 Sidewalk Construction Program, Setting Date of Hearing City Manager Nollenberger began the discussion relating to installation of sidewalks for 1983. City Engineer Mike Eastling reviewed the areas where sidewalks are proposed, as listed in Council Letter No. 80. Setting the date of a public hearing had been deferred until the staff could provide more information concerning locating a sidewalk on 69th Street or 70th Street from Xerxes Avenue to Humboldt Avenue. He said the staff had determined the sidewalk should be along 70th Street since Edina already has a sidewalk on 70th Street and the flat uninterrupted boulevard area would allow the sidewalk to be constructed Council Meeting Minutes -12- March 14, 1983 for less cost. The cost reimbursement for a sidewalk along a state aid street was a trade-off, since 69th Street was the state aid street east of Penn, and 70th Street was west of Penn. The council discussed the desirability of having sidewalks constructed on 64th Street from Nicollet to Portland Avenues. The city engineer indicated that this could not be included in this project at this time, however, the preliminary report could be ordered for a later public hearing.. Motion by Hassensbab, seconded by Rirsch to order the preliminary report for construction of sidewalks on 64th Street from Nicollet to Portland Avenues. All ayes - Carried. 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 minute,: RESOLUTION N0. 6732 RESOLUTION RECEIVING PRELIMINARY REPORT AND CALLING OF A PUBLIC HEARING FOR 1983 SIDEWALK CONSTRUCTION - CP 782 Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Priebe., Hamilton. Nays - None. Carried. This resolution appears as Resolution No. b732 in Resolution Book No. 49. 14. Consideration of Cancellation of Agreement Between the City of Richfield and Hennepin County Providing for the Issuance and Administration of A Food Stamp Program Acting Administrative Services Director Steven Devich reviewed the proposal to request cancellation of the agreement between the City of Richfield and Hennepin County of the contract for administering the food stamp program, as explained in Council Letter No. 82. He reviewed the number of transactions handled by this office in the last year and the. costs and time involved. He indicated that the license division has experienced an annual loss of $2,436 as a result of providing these services. He indicated that the biggest concern Council Meeting Minutes -13- March 14, 1983 was the potential loss of our Deputy Registrar status for auto licensing due to space and staff limitations since the license area was overloaded, causing time delays in licensing reports to the state. The council discussed alternatives to continue this service or the possi- bility of obtaining an alternate site for provision of this service. Motion by Bunce, seconded by Ludeman to fund this service through the aid of CDBG funds. Poll of votes: Ayes - Bunce, Ludeman, Priebe. Nays - Hassenstab, Kirsch, Hamilton. Tie vote, motion failed. Motion by Bunce, seconded by Hassenstab to table this item until March 28, 1983, to request the staff to explore the use of CDBG monies to fund this service and to see if local banks could handle this service. All ayes - Carried. 15. Commission.Ap~ointments Advisory Board of Health Motion by Ludeman, seconded by Bunce to appoint Joan Palfrey and Gilbert Nevius to serve unexpired two.year terms, expiring January, 1984. All ayes - Carried. Community Services Commmission Motion by Ludeman, seconded by Hassenstab to appoint Dave Giese to serve on the Community Services Commission. Poll of votes: Ayes - Hassenstab, Kirsch, Ludeman, Priebe, Hamilton. Nays - Bunce. Carried. Senior Citizens/Handicapped Commission Motion by Kirsch, seconded by Hassenstab to appoint Bette Flanders to serve a three year term on the Senior Citizens/Handicapped Commission. Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, I,udeman, Hamilton. Nays - Priebe. Carried. Council Meeting Minutes -14- March 14, 1983 16. Election Day Polling Place Procedures and Purchase of_Additional Voting Machines Motion by Ludeman, seconded by Kirsch to direct the city manager to include the purchase of new.or used voting machines for a purchase price of approximately $15,000 in the 1984 budget. All ayes - Carried. 17. Council Choice 7"he council discussed parking and traffic issues. 18. A~zard of Architectural Contract, Phase Two, Public Safet Improvement Facility Project City Manager Nollenberger advised that Architectural Alliance had sub- mitted a proposal for renovation of the West Side Fire Station in the amount of $18,500. Funding for this project has been provided in the 1983 capital improvement budget. Council Member Priebe said he wished to be assured that fire personnel would have input into this process. Motion by Hassenstab, seconded by Ludeman to approve the proposal of Architectural Alliance in the amount of $18,500 for renovation of the West Side Fire Station. All ayes - Carried. 19. Consent Calendar Motion by Hassenstab, seconded by Ludeman that the following items be approved: A. Addition to 1983 Alley Improvement Project RESOLUTION N.O. 6733 RESOLUTION ORDERING PRELIMINARY REPORT ON PROPOSED ALLEY PAVING - ADDITION TO CP 786 (UPTON/THOMAS AVENUES - 69TH TO 70TH STREETS) RESOLUTION N0. 6734 1 RESOLUTION RECEIVING PRELIMINARY REPORT AND CALLING PUBLIC HEARING ON PROPOSED ALLEY PAVING ADDITION TO CITY PROJECT 786 Council Meeting Minutes -15- March 14, 1983 B. Setting Date of Hearing for Wine License Renewals Set March 28, 1983 as time of hearing on application for renewal of wine licenses for The Inn, Pontillo's, Shakey's and Miller's Fireside Pizza. C. Application for Bingo License - St. Peter's Church Approve issuance of license to conduct bingo activities on Tuesday evenings between the hours of 7:30 and 11:30 p.m. D. Application for Raffle License - Rolling Ti.gexs.:Citizens Band Radio Club Approve issuance of license to conduct a raffle at the Fred Babcock VFW Post 5555, on Saturday, March 26, 1983, at 7:00 p.m. to 12:30 a.m. E. Approval of Registered Land Survey Adjacent to Richfield Lake RESOLUTION N0. 6735 RESOLUTION APPROVING A REGISTERED LAND SURVEY F. Approval of 1983 Labor Contract Agreement with Richfield Police Officers Federation RESOLUTION N0. 6736 RESOLUTION APPROVING MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF RICHFIELD ANA THE RICHFIELD POLICE OFFICERS FEDERATION BARGAINING UNIT FOR THE YEAR, 1983 G. Purchases in Excess of $2,650 Postage Machine Authorize purchase of postage machine from IMS in the amount of $2,820. Truck with Box Approve purchase of one LN800 Ford truck and one Garwood dump box from Brookdale Ford in the amount of $26,923. Trees Authorize purchase of 50 American Lindens at unit price of $69 from Minnesota Tree, Inc. for a total purchase of $3,450 and 50 Skyline Honeylocusts at unit price of $75 from Bachman's for a total purchase of $3,750. Council Meeting Minutes X16- March 14, 1983 Truck with Boom Approve purchase of 1983 Ford E350 cargo van from Superior Ford in the amount of $9,274. Boom Authorize purchase of insulated boom from Road Machinery and Supplies Company in the amount of $9,508, Fire Station Doors Authorize purchase of replacement garage door openers in the amount of $1,517 per door, for a total cost of $3,034. H. Recruest for Fee Waived Kennel License Approve fee waived kennel license for Karen Hughes, 7527 Penn Avenue _ 4 cats I. Lic_ erases Frenchsran's, 1400 E. 66th Street, renewal 9 amusement devices Pontillo's, 6bth and Penn Snyder's Drug, 6520 Pillsbury Richfield Pharmacy, b519 Nicollet Terry Feldmann's Imports, 920 W. 78th Street All ayes - Carried. 1 music box 2 amusement devices, 1 music box 2 amusement machines 2 amusement machines new and used motor vehicle 20. Claims and Payrolls Motion by Hassenst3b, seconded by Ludeman that the following claims and payrolls be approved: RICHFIELD BANK & TRUST Checks 3496/62794 $ 534,429.05 SUMMIT STATE BANK Checks 65086/65106 Regular 1,143,755.92 Checks 22841/23218 Payroll 226,366.89 All ayes o Carried. C~6uncil Meeting Minutes 21. Adjournment -17- March 14, 1983 Motion by Hassenstab, seconded by Ludeman that the meeting adjourn. 1 All ayes - Carried. Time: 11:25 p.m. Date Approved: Mardi 28, 1983 Syl a K. Berg ity Clerk ~~a~~~ ~~ Karl Nollenberger City Manager