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05-09-1983CITY OF RICHFIELD REGULAR CITY COUNCIL MEETING May 9, 1983 The city council of the City of Richfield met in regular session in the council chambers of the city hall on Monday, May 9, 1983, at 7 :00 p.m. The meeting was called to order by Council President Pro Tempore Ivan Ludeman at 7 :06 p.m. Present: Bunce, Hassenstab, Kirsch, Ludeman, Priebe Absent: Hamilton (On Vacation) Blue Bird Troop 204 presented the colors. The invocation was given by Rev. Fisher, Pastor of Wooddale Baptist Church. 1. Approval of Minutes of Regularly Scheduled Meeting of April 25, 1983 Motion by Hassenstab, seconded by Kirsch to approve the minutes of the April 25, 1983 city council meeting. All ayes - Carried. Absent - Hamilton. 2. Opportunity for Citizens to Address the City Council Lawrence Wozniczka, 6744 Wentworth, paid tribute to the late Earl Maffett who was active in civic affairs through his retired years. Mr. Wozniczka then raised the question of the legality of selling refinancing bonds, which had been one of Mr. Maffett's concerns. Richard Miller, 7338 Pleasant, spoke of vandals driving up and down railroad tracks and presented pictures of the damage. 3. Council Approval of Agenda Motion by Hassenstab, seconded by Bunce to approve the agenda with the addition of a discussion on fire codes requested by Pres. Pro Tem Ludeman. All ayes - Carried. Absent - Hamilton. 4. _Request for Variance to Construct Canopy Between Building and Carport, 6645 Queen Avenue City Manager Nollenberger introduced the request of Kenneth Youngberg, owner of the apartment building at 6645 Queen Avenue, for a variance to reduce Council Meeting Minutes -2- May 9, 1983 the required rear yard setback from 25 feet to 2 feet. Community Development Director Dennis Kraft reviewed the staff and planning commission recommendations for denial of this request. Tom Rutledge, of Rutledge Construction Company, spoke on behalf of Mr. Youngberg's variance request. He showed pictures of the proposed carport structure, which the applicant wishes to construct to protect the entryway from the elements. Motion by Hassenstab, seconded by Kirsch to close the hearing. All ayes - Carried. Absent - Hamilton. Motion by Bunce, seconded by Hassenstab to approve a conditional variance for the existing canopy only. All ayes - Carried. Absent - Hamilton. It was noted that no future modifications to the structure can occur without express council approval. 5. Request for Variance to the Minimum Lot Width and Minimum Lot Area to Subdivide, 324 Apple Lane City Manager Nollenb.erger introduced the request of Mr. Robert Murdock for a variance to the minimum lot size in an R -1 Residence District, and the minimum lot width requirement of 75 feet. The applicant wishes to subdivide an existing lot into two lots, one of which will not meet the minimum lot area requirements of 10,000 square feet, or the lot width of 75 feet; set] the existing house and build and occupy a new home on the newly created lot. Community Development Director Kraft cited the special circumstances surrounding this lot, as explained in Council Letter No. 146, and the staff and planning commission recommendations for denial of the 10,000 square foot variance request and approval of the 75 foot lot width request. Mr. Bob Murcock, 324 Apple Lane, spoke on behalf of his request and gave the council maps of the proposed lots dimensions. Council Meeting Minutes -3- May 9, 1983 Ms. Barb Chinnock, 347 Apple Lane, spoke in support of R -1 zoning, and urged the council to vote against this variance. Motion by Bunce, seconded by Hassenstab to close the hearing. All ayes - Carried. Absent - Hamilton. Motion by Bunce, seconded by Ludeman to approve a variance of 9,000 square feet on the condition that Mr. Murdock work with the city staff in an effort to arrive at a minimum lot size of 9,000 feet, acceptable to both parties. All ayes - Carried. Absent - Hamilton. Motion by Priebe, seconded by Bunce to approve the variance of lot.widths of 60 feet and 68 feet. All ayes - Carried. Absent -- Hamilton. 6. Request for Special Use Permit to Allow the Change in Use of a Service Station to a Service Station Store, 7500 Lyndale Avenue City Manager Nollenberger presented the request of Ashland Oil Company for a special use permit to convert an existing service station to a service station store. Mr. Jim Deselms, representing Ashland Oil, spoke in behalf of his firm's request. Mr. Clifford Hoffman, owner of the property at 7500 Lyndale, addressed the concerns of area complaints about the intercom system. Lou Shull, another representative of Ashland Oil Company, cited National Fire Prevention regulation (NFP -30) which require the use of a two -way communication system. Mr. Bill Murphy, 7332 Girard, said an intercom system is only a courtesy. Motion by Hassenstab, seconded by Bunce to close the hearing. All ayes - Carried. Agsent - Hamilton. Motion by Hassenstab, seconded by Ludeman to grant the special use permit subject to the following stipulations: Council Meeting Minutes -4- May 9, 1983 a. That all trees removed during the remodeling be replaced; b. That a fence 8 feet high be constructed. All ayes - Carried. Absent - Hamilton. Motion by Hassenstab, seconded by Ludeman to request the staff to review the NFP -30 report and its impact on service stations. All ayes - Carried. Absent - Hamilton. 7. Request for Variance to the Sideyard Setback to Construct Addition, 7000 Thomas City Manager Nolienberger introduced the request for a variance to the minimum streetside sideyard setback requirement from 15 feet to 5 feet of Mr. and Mrs. Michael Doerr, who wish to construct an addition on their home. He reviewed the staff recommendation for denial of this request and the city manager and planning commission recommendations for approval. Mike Doerr, the applicant, appeared in support of his request. 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 to a sideyard setback. All ayes - Carried. Absent - Hamilton. 8.' Request for Permit for N Display, 705 W. 77 '.e Outdoor Advertis t. 7 to Construct Advertis nd 7731 4th Avenue City Manager Nollenberger introduced requests of Naegele Outdoor Advertising for permits to install signs at the following locations: (a) A 48 foot flag -type sign at 705 West 77 1/2 Street to replace two existing rooftop signs; (b) Renovate an existing sign by replacing it with a single pole support at 7738 Colfax; (c) A 48 foot high two sided sign mounted on a single pole at 7731 4th Avenue. The sign listed as (a) would require a permit to allow a 48 foot height Council Meeting Minutes -5- May 9, 1983 instead of the maximum height limit of 27. The sign listed as (b) would require a variance as the existing sign is 28 feet rather than the required 40-feet from the curb, making it a nonconforming sign. The sign listed as (c) meets all requirements for outdoor advertising displays except for the maximum height of 27 feet and would require a permit to allow the 48 foot height. Lawrence Wozniczka, 6744 Wentworth, asked what assessed value the signs have to the city. He said the council is perpetuating the idea of rooftop signs by allowing 48 foot signs. Gertrude Ulrich, 7601 Aldrich, said the signs are unattractive to the neighbors; that she is not pleased to speak against Naegele, but she thinks they should stay in the restaurant business. Motion by Hassenstab, seconded by Kirsch to close the three hearings. All ayes - Carried. Absent - Hamilton. Motion by Priebe, seconded by Bunce to deny the setback variance for the sign to be located at 7738 Colfax. Poll of votes: Ayes - Priebe, Bunce. Nays - Hassenstab, Kirsch, Ludeman. Absent - Hamilton. Motion failed. Motion by Hassenstab, seconded by Kirsch to approve the setback variance for the sign to be located at 7738 Colfax. Poll of votes: Ayes - Hassenstab, Kirsch, Ludeman. Nays - Bunce, Priebe. Absent - Hamilton. Carried. Motion by Hassenstab, seconded by Ludeman to approve all three billboard sign permits. Poll of votes: Ayes - Hassenstab, Kirsch, Ludeman. Nays - Bunce, Priebe. Absent - Hamilton. Carried. Council Meeting Minutes 9. -6- ,ated to Disposal of May 9, 1983 Second City Manager Nollenberger presented an ordinance amendment providing for the destruction of confiscated illegal firearms and the sale of confiscated legal firearms only to licensed dealers for city council second reading approval. Motion by Hassenstab, seconded by Kirsch to close the hearing. All ayes - Carried. Absent - Hamilton. Bill 1983 -14, "Amendment to Chapter XII, Part I, Section 12.01 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 -199) Motion by Hassenstab, seconded by Bunce that this constitute a second reading of Bill 1983 -14; that it be published in the official newspaper and that it be made a part of these minutes. Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Priebe. Nays - None. Absent - Hamilton. Carried. 10. Ordinance Amendment Related to Possession of Beer in City Parks. Second Reading. City Manager Nollenberger presented an ordinance relating to possession of beer in city parks for city council second reading consideration. Motion by Bunce, seconded by Hassenstab to close the hearing. All ayes - Carried. Absent - Hamilton. Bill 1983 -12, "Amendment to Chapter IV, Section 4.17 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 -198) Motion by Kirsch, seconded by Hassenstab that this constitute a second reading of Bill 1983 -12; that it be published in the official newspaper and that it be made a part of these minutes. Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Priebe. Nays - None. Absent - Hamilton. Carried. 1 Council Meeting Minutes 11. -7- May 9, 1983 City Manager Nollenberger presented an ordinance providing for certification charge on delinquent water and sewer accounts to be set by resolution. He indicated the ordinance had been revised to clarify the application to both sewer and water funds. Motion by Bunce, seconded by Hassenstab to close the hearing. All ayes - Carried. Absent - Hamilton. Bill 1983 -13, "Amendment to Chapter VIII, Part II, Section 8.12 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 -200) Motion by Kirsch, seconded by Hassenstab that this constitute a second reading of Bill 1983 -13, as amended; that it be published in the official newspaper and that it be made a part of these minutes. Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Priebe. Nays - None. Absent - Hamilton Carried. The council reviewed the proposed resolution which would establish an increased certification fee of $20.00 for delinquent sewer and water bills. Council Member Bunce expressed concern about "hardship cases ". 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. 6757 RESOLUTION AMENDING RESOLUTION NO. 6537 Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Priebe. Nays - None. Absent - Hamilton. Carried. This resolution appears as Resolution No. 6757 in Resolution Book No. 49. Council Meeting Minutes -8- May 9, 1983 The council asked that they be notified of hardship cases at certification time. 12. Ordinance Amendment Relating to the Causes of Vacancies on the Planning Commission. Second Reading. City Manager Nollenberger presented an ordinance amendment relating to causes of vacancies on the planning commission for city council second reading consideration. Council Member Priebe said he has a problem with the question of one person sitting on two important commissions. He wishes to involve more people in the community. Motion by Hassenstab, seconded by Kirsch to close the hearing. All ayes - Carried. Bill 1983 -10, "Amendment to Chapter III, Part VII, Section 3.68, Subdivision 7, Paragraph (F) 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 -196) Motion by Hassenstab, seconded by Bunce that this constitute a second reading of Bill 1983 -10; that it be published in the official newspaper and that it be made a part of these minutes. Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Priebe. Nays - None. Absent - Hamilton. Carried. 13. Ordinance Amendment to the City Charter Relating to Terms of Council Members. Second Reading. (Hearing to be Rescheduled) City Manager Nollenberger advised the council that this ordinance amendment was published well in advance of the ten days required before the second reading, however, Charter amendments require at least 14 days advance publication. He recommended that the council take no action at this time and reschedule the hearing. Motion by Hassenstab, seconded by Kirsch to reschedule this hearing to June 13, 1983. All ayes - Carried. Absent - Hamilton. Council Meeting Minutes -9- May 9, 1983 14. Report on 76th Street Traffic City Manager Nollenberger gave the council a report on traffic movement on 76th Street. He reviewed the current status of eleven suggestions of study as recommended by the planning commission and outlined in Council Letter No. 169. City Engineer Mike Eastling showed a video tape of traffic at some inter- sections on 76th Street. Ms. Sherrie Simmons, 2805 W. 76th Street, said it is difficult to exit from their driveway and that a "stop" sign at Vincent Avenue slows people down. Jim and Candy Hinz, 2944 Washburn Circle, both suggested semaphores,. as people will stop for them. Gary Thornburg, 1911 W. 76th Street, and Gail Rhodes, 7614 Upton, spoke in favor of keeping the present traffic control signs. Mr. Eastling explained MSA funding regarding semaphores. 15. Gambling License Application for Richfield Intermediate School City Manager Nollenberger presented an application for a gambling license to conduct a raffle at Richfield Intermediate School. He indicated that the application was submitted on April 26, 1983 for activities scheduled from May 9, through June 3. City ordinance states that an application must be submitted 30 days prior to an event, however, the school did receive authorization to submit this application on April 6, if the council wished to consider this as the application date. Motion by Hassenstab, seconded by Bunce to approve a fee waived gambling license for Richfield Intermediate School. All ayes - Carried. Absent - Hamilton. 16. Confirmation of Appointments to the Board of Review City Manager Nollenberger presented the names of two residents who have indicated a willingness to serve on the Board of Review - Lawrence H. Emond, 6325 Russell, and John Janski, 6500 2nd Avenue. Council Meeting Minutes -10- May 9, 1983 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 NO. 6758 RESOLUTION CONFIRMING CITY MANAGER'S APPOINTMENT OF TWO RESIDENT MEMBERS TO BOARD OF REVIEW Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Priebe. Nays - None. Absent - Hamilton. Carried. This resolution appears as Resolution No. 6758 in Resolution Book No. 49. 17. Discussion of Fremont Park Playsround Community Services Director Don Fondrick presented a background of the programs to be provided at city parks during 1983. He reviewed the budgetary impacts of recent years that caused reduction in park programming. He said attendance figures were used to set priorities for programs. The following individuals expressed their support for reinstatement of a program at Fremont Park: William Murphy, 7332 Girard Jean Lindstrom, 7406 Fremont Marvin Swenson, 7409 Humboldt Margaret Meter, 7415 Humboldt Jan Cerny, 7545 Fremont Arlene Krier, 7404 Girard Sandy Barnes, 7441 Dupont Motion by Bunce, seconded by Kirsch to reinstate programs at Fremont Park on a half day basis. (No vote taken.) Council Member Priebe expressed concern for children on the East side of Richfield also; that limited resources should be shared evenly. Motion by Hassenstab, seconded by Kirsch, to refer this item back to the Community Services Commission for consideration at their May 10, meeting, and then place this item on the May 23, 1983 city council agenda. Council Meeting Minutes -11- May 9, 1983 All ayes - Carried. Absent - Hamilton. 18. Acceptance of Resignation of City Manager City Manager Nollenberger tendered his resignation as City Manager of the City of Richfield effective June 17, 1983. He thanked the city council for their cooperation and support. Motion by Kirsch, seconded by Hassenstab to regretfully accept Mr. Nollenberger's resignation and to express thanks for his good work. All ayes - Carried. Absent - Hamilton. 19. Consideration of Restructuring Representatives to Board of Nine Mile Creek Watershed District City Manager Nollenberger reviewed a request for recommendations from the Water Resources Board as to whether the size of the board of members should be increased for Watershed Districts in which a city is a member. He suggested that, if the districts reorganized policies appear to be detrimental to Richfield's best interest, then the city could request that the board be expanded to allow representation from Richfield. Motion by Hassenstab, seconded by Kirsch to not request the Water Resources Board to expand the membership of either the Nine Mile Creek Watershed District or the Minnehaha Creek Watershed District at this time. All ayes - Carried. Absent - Hamilton. 20. Discussion of Fire Code Council Member Ludeman asked for an explanation of the city's building code enforcement ordinances; those that are state mandated, and if deviations and variances are permitted in the ordinance provisions. He requested a study session be arranged on this subject at the next council meeting. 21. Council Choice Council Member Kirsch thanked the city manager for the update on building projects in Richfield. Council Meeting Minutes -12- May 9, 1983 Council Member Bunce apprised the council on the July 4th celebration fundraising efforts. He asked about the distance between curb and sidewalks on Sheridan and Xerxes Avenues. 22. Consent Calendar Motion by Bunce, seconded by Hassenstab that the following items be approved: A. Approval of Plans and Specifications for C.P. 782 - 1983 Sidewalk Construction RESOLUTION NO. 6759 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR C.P.*782 - 1983 SIDEWALK PROJECT B. Setting Date of Hearing for City Projects 757, 772, 775 RESOLUTION NO. 6760 RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR C.P. 757 - LYNDALE AVENUE RECONSTRUCTION RESOLUTION NO. 6761 RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR C.P. 772 - 1982 SIDEWALK CONSTRUCTION RESOLUTION NO. 6762 RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR C.P. 775 - 1982 ALLEY PAVING C. Amendment to Permit Fee for Storage Enclosures RESOLUTION NO. 6763 RESOLUTION AMENDING RESOLUTION NO. 6537 D. Approval of Additions to 1983 Alley Paving Project RESOLUTION NO. 6764 RESOLUTION RECEIVING PRELIMINARY REPORT AND CALLING PUBLIC HEARING ON PROPOSED ALLEY PAVING ADDITION TO CITY PROJECT 786 RESOLUTION NO. 6765 RESOLUTION ORDERING PRELIMINARY REPORT ON PROPOSED ALLEY PAVING - ADDITION TO CP 786 r 1 Council Meeting Minutes -13- E. Licenses Renewal Tom Thumb, 7609 Lyndale Renewal Astleford Equipment Co. All ayes - Carried. May 9, 1983 Retail Off -Sale Beer Motor Vehicle Dealer 23. Claims and Payrolls Motion by Hassenstab, seconded by Kirsch that the following claims and payrolls be approved: RICHFIELD BANK & TRUST Checks 3604/63760 $ 541,334.53 SUMMIT STATE BANK Checks 65204/65235 Regular 1,805,283.53 Checks 24507/24651 Payroll 221,001.80 All ayes - Carried. 24. Adjournment Motion by Hassenstab, seconded by Kirsch that the meeting adjourn. All ayes - Carried. Time: 10 :42 p.m. Date Approved: May 23, 1983 van u ema res e o em � " Karl NollenbergeY City Manager