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08-22-1983CITY OF RICHFIELD REGULAR CITY COUNCIL MEETING August 22, 1983 The city council of the City of Richfield met in regular session in the council chambers of the city hall on Monday, August 22, 1983 at 7:00 p.m. The meeting was called to order by Mayor John Hamilton at 7:01 p.m. Present; Bunce, Hassenstab, Kirsch, Ludeman, Priebe, Hamilton Mayor Hamilton led in the recitation of the Pledge of Allegiance. 1. Approval of Minutes of Regularly Scheduled Meeting of August 8, 1983, and Joint City Council/Planning Commission Meeting of August 9, 1983 Motion by Kirsch, second by Hassenstab to approve the minutes of the regular council meeting of August 8, and the joint meeting with the planning commission of August 9, 1983 as submitted. All ayes - Carried. 2. Donation to the City of Richfield by the Richfield Lioness Club Ms. Marian Husbands appeared in behalf of the Richfield Lioness Club and presented a donation to the Community Center for use in administering the Home Service Program. Lit Hipp, Director of the Community Center, remarked on the merits of the program and expressed the gratitude of the community for this donation. 3. Opportunity for Citizens to Address the City Council Mr. Gordon McKinnon, 7308 Upton, spoke about a recent incident on 73rd Street where a drunk driver hit a tree and almost hit children. He said there is a need for a stop sign at that intersection. 4. Council Approval of Agenda Councilmember Ludeman requested removal of 15F, Payments and Estimates to Arcon Construction, Estimate 1, CP 782, 1983 Sidewalk Construction in the amount of $38,954.27, for council discussion. Council Meeting Minutes -2- August 22, 1983 Councilmember Bunce requested addition of discussion of traffic at 73rd Street at Vincent and Upton Avenues. Motion by Hassenstab, second by Ludeman to approve the agenda as amended. All ayes - Carried. 5. Request for Variance to Expand Existing Garage 6344 James Avenue Acting City Manager Tam Morgan introduced the request of John and Bonnie Manthey for a variance to expand their existing garage at 6344 James Avenue. Community Development Director Kraft indicated the expanded' garage would have a five foot setback instead of the 15 feet required by city ordinance. He cited the recommendations arf both staff and planning commission for denial of this variance. Mr. and Mrs. Manthey both appeared and spoke in support of their proposal. Mr. Manthey said there are other garages in the city that do not comply with zoning laws and he gave addresses of additions that he said are not in compliance with city code. Ron_Scriver. 6400 James Avenue, spoke in opposition to this variance request and presented a petition containing 31 signatures substantiating this opinion. (C-212) Danes Waldner, 6345 Knox, and Tom Steffenha~en, 6340 James, both spoke in opposition to this variance. Motion by Ludeman, second by Hasaenstab to close the hearing. All ayes - Carried. Motion by Priebe, second by Ludeman to deny this request for variance. All ayes - Carried. 6. Request for Rezoning of Propert 910 West 66th Street, Reconsideration. Acting City Manager Morgan introduced the request of Dr. David Elasky to ~_ • Council Meeting Minutes -3- August 22, 1983 rezone this property from R(Residential) to C-1 (Limited Business). Dr. Elasky wishes to remodel the structure for use as a dental office. The city council denied this rezoning on July 25, but subsequently agreed to reconsider this item at this meeting. Mr. Morgan told of the HRA's interest in rehabilitating the residential properties adjacent to this property and said an application has been submitted to Hennepin County for surplus CDBG funds to assist in this project. It was also stated that Dr. Elasky had purchased this property prior to this public hearing. Mr. Morgan also commended him for the clean-up he has done on this property thus far. Dr. David Elasky spoke on behalf of his own proposal and cited the 80 percent of the neighbors that were in support of his request. Mrs. Elasky presented the city council a sizeable number of letters supporting their desire to establish a dental office at 910 West 66th Street (C-2.11). The following appeared and spoke in favor of Dr. Elasky's proposal: Ken Savageau, 6638 Elliot Avenue David Roth, 6838 First Avenue Sid Sanford, 7000 Portland Speaking against this proposed rezoning were the following: Mrs. Edwin Burkhardt, 721 Rae Drive Mr. and Mrs. Roy Carr, 6604 Lynwood Boulevard James Howard, 915 Rae Drive Eldon Miller, 6629 Lynwood Boulevard, said the council must plan for the future at this meeting; that residential and commercial boundaries have been clearly defined in the comprehensive plan and the council should adhere to it. He stated he is opposed to Dr. Elasky's plan. Mr. D. I. Smith, of Roseville, said he was a teacher of dental communications which promotes good dentistry in Minnesota. He spoke in favor of Dr. Elasky and his practice. Council Meeting Minutes -4- August 22, 1983 Mrs._ Jennifer Cheatham, 6632 Lynwood Boulevard,• said Dr. Elasky has other" alternatives for locating his business, that she had spoken to the Richfield Bank and others. about alternative sites for this business. Mr. Gene Stormoen., architect for Dr. Elasky, said safety would be upgraded on that corner with this proposal. He asked for a definition of a master or comprehensive plan. Eric Russell, attorney representing Dr. Elasky, said Dr. Elasky was in distress because of the foreclosure on this property and that the transplant of an existing business from one location to another is the issue. He said his client is making a commitment to Richfield and intends to put around $270,000 in private funds in improvements on the property. City Attorney LeFevere gave an explanation of "spot zoning". He said courts look at comprehensive plans when making such determinations; that zoning must be consistent. He said that some dental offices have been established in residential areas, That was when strip zoning was allowed, but that practice is no longer acceptable, and' land use considerations should be of prime concern here and consistent with the established comprehensive plan. Motion by Ludeman, second All ayes - Carried. by Bunce to close the hearing. Motion by Ludeman, second by Kirsch to deny rezoning this property from "Residential" to "Limited Business". Poll of votes: Ayes - Hassenstab, Kirsch, Ludeman, Hamilton. Nays - Bunce, Priebe. Carried. Councilmember Hassenstab clarified his vote on this matter saying that the HRA data had convinced him that rehabilitation of this property for residential use i the more acceptable use and this vote is contrary to his former position on the issue. Council Meeting Minutes -5- August 22, 1983 7. Public Hearing Regarding Adoption of Assessment Roll, City Pro3ect 711, Alley Maintenance for the Period April 1, 1982 through March 31, 1983 Acting City Manager Morgan opened the public hearing relating to special assessment for cost of current maintenance services on alleys for the period of April 1982, through March, 1983. Community Services~Director Fondrick reviewed the cost of these maintenance: services, as explained in Council Letter No. 294. Steve Springer, 6301 Girard, said the back of his yard abuts the alley, but he can not use it, and expressed has objection to payments for maintenance. Mayor Hamilton responded that he has a double lot and is in the same situation. Ralph Strickler,. 6732 Vincent, said he is a 33 year resident, and asked why 1 this new assessment for alley maintenance was being proposed. Mr. Fondrick responded that the city started assessing for maintenance three years ago. Mr. Fondrick advised that an error had been made in calculating assessments for two properties that did not receive maintenance work and recommended the council approve abatement of assessments on the alley between-Grand and Pleasant, 73rd. to 74th Street, and the alley between Fifth Avenue and Portland, 73rd to 74th Street. He also recommended that 100 E. 69th Street be excluded from assessment, and the recalculation of the assessment for the alley between Sheridan and Russell at 67th to 68th Street. • Motion by Hassenstab, second by Kirsch to close the hearing. A11 ayes - Carried. Motion by Ludeman, second by Kirsch to amend such proposed assessments as listed above. All ayes - Carried. Motion by Ludeman, second 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: Council Meeting Minutes -6- RESOLUTION N0. 6791 RESOLUTION ADOPTING ASSESSMENT ON CITY PROJECT 771, ALLEY MAINTENANCE FOR THE PERIOD APRIL 1, 1982, THROUGH MARCH 31, 1983 Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Priebe, Hamiltoni. Nays - None. Carried. This resolution appears as Resolution No. 6791 in Resolution Book No. 50. 8. t August 22, 1983 Proiec Acting City Manager Morgan opened the public hearing relating to assessment for the cost of current maintenance services in the L/H/N area for the period~of January 1 through December 31, 1982. Lee Nelson, reuresenting Nelson°s Restaurant, expressed concern about this assessment. He asked if it was for planning failures, such as bomenite sidewalks. He said he will not pay for something he doesn't get and that he wished Nelson's to be excluded from this assessment. He asked for an exact accounting of this $27,000 assessment. Mr. Fondrick indicated he will follow up on this. Motion by Bunce, second by Kirsch to close the hearing. All ayes - Carried. Motion by Bunce, second 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 minutes: RESOLUTION N0. 6792 RESOLUTION ADOPTING ASSESSMENT ON CITY PROJECT 776, L/H/N MAINTENANCE FOR .THE PERIOD JANUARY 1, 1982 - DECEMBER 31, 1982 r--~ i j ~~ __J Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Priebe, Hamilton. Nays - None. Carried. This resolution appears as Resolution No. 6792 in Resolution Book No. 50. Council Meeting Minutes -7- August 22, 1983 9. Public Hearin to Consider S eciall Assessin Current Maintenanance Services L H N Redevelo went Area, for the Period January 1, 1983 Through December 31, 1983 Acting City Manager Morgan opened the hearing providing for establishment of a special assessment district for current maintenance services cost in the L/H/N redevelopment area. Community Services Director Fondrick reviewed the services that will be provided in the maintenance of this area. Mr. Lee Nelson, owner of Nelson's Restaurant expressed his opposition to this proposed assessment. Motion by Ludeman, second by Kirsch to close the hearing.. All ayes - Carried. Motion by Ludeman, second by Kirsch that the following resolution be adopted; that it be spread in the resolution book and that it be made apart of these minutes: RESOLUTION N0. 6793 RESOLUTION ORDERING UNDERTAKING OF CURRENT SERVICE PROJECT L/H/N MAINTENANCE - JANUARY 1, 1983 - DECEMBER 31, 1983 Po11 of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Priebe, Hamilton Nays - None. Carried. This resolution appears as Resolution No. 6793 in Resolution Book No. 50. 10. Amendment to Off-Street Parking Persait, Kentucl~y Fried Chicken, 220 W. 66th Street Acting City Manager Morgan introduced the request of Kentucky Fried Chicken Restaurant for approval of a special use permit and off-street parking permit. Representatives from Kentucky Fried Chicken have submitted a revised site plan providing for relocation of the trash enclosure which needs to be relocated because of a drop in elevation at the site. Council Meeting Minutes ~ -8- August 22, 1983 Motion by Ludeman, second by Hassenstab to approve the revised site plan, subject to the stipulation that power lines be placed underground on this site. All ayes - Carried. 11. Request for Ordinance Interpretation Relatin to Lot Size, 1325 West 68th Street Acting City Manager Morgan advised that Mr. Mark Banwart has acquired a small triangular piece of property adjacent to Interstate 35W on the south side of 68th Street east of Humboldt and has applied for a building permit. Community Development Director Kraft noted that the parcel of land is approximately 2,500 square feet and Mr. Banwart has acquired an easement area, originally part of the lot, which was originally acquired by the state for construction of I-35W, in order to meet the city's lot area and width requirement. The staff has interpreted the ordinance to read that the lot area should be deter- mined by using the legally described property lines, irrespective of highway easements, and variances would not be required. This interpretation has been questioned by a neighbor and is being appealed to the city council in accordance with Section 3.40, which allows citizens to appeal any administrative interpre- Cation by city staff to the city council. City Attorney LeKevere commented that the staff is now operating under certain assumed facts, that, if a buildable site could become enlarged if easement rights were lifted, it would still be a substandard lot. He said there is a need for council interpretation on this issue and a need for definition in the ordinance also. Motion by Hassenstab, second by Kirsch to schedule a public hearing on this issue September 12, 1983. A11 ayes - Carried. Council Meeting Minutes -9- ~ August 22, 1983 12. Subdivision Request by Richfield Baptist Church, 6215 Oliver Avenue Acting City Manager Morgan reviewed the request of Richfield Baptist Church for approval of subdivision of their property at 6215 Oliver Avenue. The church wishes to split off a 75' x 135' lot for sale to an individual to build a single family residence. Mr. Morgan said the church had also requested exemption from the preliminary platting requirements and this exemption is allowed by city ordinance where three or fewer lots are created. Mr. Albert Finch, chairman of the church board, appeared in support of the request. Motion by 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. 6794 RESOLUTION APPROVING THE SUBDIVISIQ\1 OF LAND Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Priebe, Hamilton. Nays - None. Carried. .This resolution appears as Resolution No. 6794 in Resolution Book No. 50. 13. Request for Residential Kennel License and Waiver of License_Fee Acting City Manager Morgan introduced the request of Karen Hughes, 7527 Penn Avenue, Apartment ~~6, for a fee waived residential kennel license, as outlined in Council Letter No. 284. Motion by Ludeman, seconded by Bunce to not approve a fee waived residential kennel license. All ayes - Carried. Motion by Ludeman, seconded by Bunce to deny this kennel license as a kennel should not be in an apartment building. All ayes - Carried. Council Meeting Minutes ~ -10- August 22, 1983 14. Request for~Fee Waived Gambling License,. Richfield Intermediate School Acting City Manager Morgan introduced the request for a fee waived gambling license for Richfield Intermediate School for a raffle they wish to hold between October 1 and December 10, 1983. Motion by Bence, second by Hassenstab to approve the gtanting of a fee waived gambling license to the Richfield Intermediate School. All ayes - Carried, 15. Council Choice Councilmember Bence discussed the traffic at 73rd at Upton and Vincent~Avenues. He suggested the creation of a cul-de-sac. The acting city manager advised that staff will study the issue and report back to Mr. Bence. 15F. Areon Construction Estimate 1, CP 782, 1983 Sidewalk Construction Councilmember Ludeman said some sidewalk approaches need to be repaired, that bikers are riding in the streets again and he feels it is unsafe. 16. Consent Calendar Motion by Ludemsn second by Hasseastab that the following items be approved; A. Source of Funding CP 771, A11e Maintenance RESOLUTION N0. 6795 RESOLUTION AUTHORIZING TRANSFER OF FUNDS FROM PERMANENT IMPROVEMENT REVOLVING FUND TO CP 771 ALLEY MAINTENANCE TO PROVIDE INTERIM FINANCING OF SAID PRQJECT B. Bid Proposal Re Sale of 1975 Minipumper Accept bid proposal submitted by Southern Fire Equipment Company in the amount of $7,711. C. Purchases in Excess of $2,650 Van = Authorize purchase from Brookdale Ford, in the amount of $19,214. Council Meeting Minutes -11- August 22, 1983 Winter~Brochure - Authorize purchase from Sexton Printing in the amount o~f $5,479 with Scott paper being used. D. Proposed Amendment to Licensing Ordinance for Taxicab Drivers and Setting Date of Hearing. First Reading. Bill 1983-23 ' AMENDMENT TO CHAPTER,VI, SECTION 6.21 OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD E, Payment and Estimates 1. Buffalo Bituminous, Inc., 1983 Street Sealcoating, first and final - $94,605.80 2. Arcon Construction, Estimate 1, CP 782, 1983 Sidewalk Construction - $38,954.27, 1 F. Residential Kennel License Requests • Licenses Renewal Joyce McPheeters, 7340 Emerson 4 dogs Renewal Rosemary Riga, 6344 Bloomington 4 cats New Vicki Be1z,.6244 14th Avenue 3 dogs Renewal Herman Rude, 7430 Blaisdell 4 dogs Commercial Kennel License Requests Renewal Cutler Animal~Hospital, 7738 Colfax All ayes - Carried. 17. Claims and Payrolls Motion by Ludeman, second by Hassenstab that the following claims and payrolls be approved: RICHFIELD BANK & TRUST Checks 3907/3938 f !~ IL__J SUMMIT STATE BANK Checks 4001/65465 General Checks 27626/28016 Payroll t $ 581,021.99 1,814,629.31 236,983.39 All ayes - Carried. Council Meeting Minutes -12- August 22,.1983 18. Adjournment Motion by Hassenstab, second by Ludeman that the meeting adjourn. A11 ayes -Carried. Time: 10:30 p.m. _,, /J ~ Date Approved: September 12, 1983 Sylvi Bergh C Cler ,dpnn Hamyl~on Mayor 1 Thomas A. Morgan, J '. ng City Manager ~~ ,I :__J