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10-10-1983CITY OF RICHFIELD REGULAR CITY COUNCIL MEETING October 10, 1983 The City Council of the City of Richfield met in regular session in the council chambers of the city:hall on 'Monday, October 10, 1983 at 7:00 p.m. Mayor John Hamilton called the meeting to order. Present: Bunce, Hassenstab, Kirsch,- Ludeman, Priebe, Hamilton Mayor Hamilton led the council and audience in recitation of the Pledge-of Allegiance. 1. Approval of Minutes - Motion~by Ludeman, second by Bunce that the minutes of the following council meetings be approved as presented: Special Budget Hearing of September 28 Council Study Session of September 26 . Regular City Council Meeting of September 26 All ayes - Carried. 2. Council Approval of Ar~enda .Motion by Hassenstab, second by Kirsch to approve the agenda. All ayes - Carried. ~' Mayor Hamilton presented a Certificate of Appreciation to Sun Newspaper reporter Bob. Ball who has resigned from the Sun to take apposition with the Post Bulletin in Rochester, MN. Mark Johnson will be the Richfield reporter. 3. Request for Special Use Permit to Operate a_Day_Care_C:enter and_ReQuest 7001 Elliot Avenue City Manager John Cartwright opened the hearing on the request for a special use permit of the Southdale YMCA to operate .a daycare center for up to 16 children between the ages of six weeks and 16 months at the former Elliot Elementary School site at 7001 Elliot Avenue. The approval of the special use permit was recommended Council Meeting Minutes -2- October 10, 1983 by the staff and planning commission, subject to the fire code violations being corrected to the satisfaction of the Public Safety Department. The YMCA also requested a variance to allow them to erect a sign greater than 10 feet square located 20 feet from the curb lines of 70th and Elliot. The city manager recommended the council consider only the request for special use permit at this time, inasmuch- as _-tthe`°schoolr_board_ does_-.not presently-have a sign policy and -wil-1_ be meeting with tfie cit3~ staff-tc~ consider the sign matter' in th.e ~ future. _ MaYgaret Toth, from the Southdale YMCA, spoke on behalf of expansion of suburban daycare services. She said the need is very great and the sign is very important for the project. Dana Sorenson, Senior Program Director for Southdale YMCA, commented on their discussion regarding the sign .with the school board. Motion by Ludeman, second by Bunce to close the hearing. All ayes - Carried. Motion by Ludeman, second by Hassenstab_to grant the special use permit, subject to the stipulation that existing fire code violations in the building be corrected to the satisfaction of the Public Safety Department. All ayes - Carried. Motion by Ludeman, second by Kirsch to deny the sign variance. Poll of votes: Ayes - Hassenstab, Kirsch, Ludeman, Priebe, Hamilton. Nays Bunce. Carried. 4. Special Use Permit to Operate Van Rental Business. 6405 Cedar City Manager Cartwright presented the request of Adventure Van Rental Systems, Inc, for a special use permit to allow operation of a van rental facility at 6406 Cedar Avenue. The staff report recommended approval, as did the planning commissio Motion by Hassenstab, second by Kirsch to close the hearing. All ayes - Carried. Council Meeting Minutes -3- October 10, 1983 Community Development Director Dennis Kraft responded to council questions regarding this proposed use. It was noted that the applicant was~not present. Motion by Hassenstab, second by Kirsch to table this hearing until October 24, 1983 when the applicant will be present. Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Hamilton. Nays - Priebe. Carried. 5. Request for Variance to the streetside Sideyard Setback Requirements to Permit Addition to 7144 First Avenue City Manager Cartwright reviewed the request for variance of Craig and Mary Harrington, 7114 First Avenue, who wish to add a 6 1/2 foot wide addition onto the south side of their home. The proposed addition would have a streetside Sideyard setback of 5'7" instead of the required 15'. Community Development Director Kraft reviewed the staff and planning commission recommendations for denial of this variance request. He said the house, as it presently stands does not meet the streetside Sideyard setback. Mary Harrington, 7114 First Avenue, spoke on behalf of her family's proposal and referred to support she has received from her neighbors regarding this addition. The city manager suggested the Harringtons expand their house to the rear of the property instead of the side, which would not require a variance. Motion by Hassenstab, second by Ludeman to close the hearing. A11 ayes - Carried. The councilmembers discussed this issue and expressed their respective points of view. Motion by Bunce, second by Priebe to grant this variance to the street Sideyard setback requirements. Poll of votes: Ayes - Bunce, Ludeman, Priebe, Hamilton. Nays - Kirsch, Hassenstab. Carried. Council Meeting Minutes -4- October 10, 1983 Councilmember Hassenstab requested that the three findings of the staff be recorded in the minutes to show that the required conditions for granting this variance were not met. The following is from Council Letter No. 329s "The staff has reviewed the proposal against the three conditions which must be met and found the following: 1. That there are special circumstances or conditions affecting this land-not common to other properties or similar districts. It is the staff's opinion that no special circumstances are present on this particular lot not present on other lots in the area. This lot is of a similar size and shape as other corner lots in the neighborhood and community as a whole. Z. That the granting of the application is necessar for the preservation and eniovment of, substantial propert rights,. It is the staff's opinion that denial of the variance would not preclude reasonable use of the property. The property owner can continue the existing single family residential use of the lot. 3. That the ranting of the application will not materially and adversely affect the health or safet of persons residing or working in the neighborhood and will not be materiall detri- mental to the public welfare or incurious to improvements in the neighbarhood.~ It is the staff's opinion that the proposed addition would be detrimental to the public welfare. Building inspection records indicate that the streetside sideyard setbacks of other homes in the area vary from 1.3 feet to 30 feet with the average being 13.34 feet. While the proposed setback would be within the range of other setbacks in the area, it would be below the average setback-and, therefore, would not be in the character with the typical cornex lots in the area." 6. Amendment to Final Development Plan and Off-Street Parking Permit, Hausers/ Snyder's Complex, Hub Shopping Center City Manager Cartwright introduced the request for an amended final development plan for the Hauser's Snyder's/Hub Area, as explained in Council Letter No. 334. Community Development Director Kraft used visual aids to show the amended configuration of this development. The developer proposes an addition of 24,760 square feet which will house a haircutting firm and the Nautilus Swim and Fitness Club. The staff report recommended the matter be referred to the planning Council Meeting Minutes -5- October Z0, 1983 commission for a hearing at the, October 25, 1983 meeting. Robert Levine, one of the owners of the property, discussed the modifications to the plan and indicated they wish to begin construction around November 1. David Acorapis, associated with Nautilus Swim and Fitness Club organization, explained the operation of a typical Nautilus Club and the membership fee. He said they are anxious to do business in Richfield. Motion by Bunce, second by Ludeman to close the hearing. All ayes - Carried. Motion by Ludeman, second by Bunce to approve the proposed modification to the final development glan for the Hauser's/Snyder's/Hub area 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 remain at its existing location. The driveway should be widened to the west and redesigned to accommodate semitrucks. The final design of the curb cut should be submitted for city staff approval; and 3. That a schedule of light replacements for parking lot lights be submitted for staff approval, to bring these light standards in conformance with L/HIN guidelines. Community Development Director Kraft recommended the following additional conditions be added to the above vote:(Correction authorized 10/24/83) 4. "That the truck unloading area located on the north side of the proposed addition be screened.from public. view by the_constructiori of a completely enclosed structure similar to that provided by R-Mart building at-66th and Lyndale. 5. That the truck unloading area located on the south side of the building (adjacent to Hauser's)_be completely enclosed lri a manriEr.similarto that provided in condition number four. above. 7. Transitory Ordin ance Providine for the Disposition of Property at 7300 First Avenue. Second Reading. City Manager Cartwright presented an ordinance providing for disposition of city owned property at 7300 First Avenue for city council second reading consideration. Council Meeting Minutes -6- October 10, 1983 Motion by Ludeman, second by Hassenstab to close the hearing. All ayes - Carried. Bi11 1983-26, Transitory Ordinance No, 17,08, "A Transitory Ordinance Providing for the Disposition of Certain Real Property of the City Located at 7200 First Avenue South ", was read and reviewed by Assistant City Attorney John Dean; the same being on file in the office of the city clerk. (C-216) Motion by Ludeman, second by Kirsch that this constitute a second reading of Bill 1983-26; that 3t 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, Hamilton. Nays - None. Carried. 8. Reconsideration of Item 4, Request for Suecial Use Permit to Operate Van Rental Business,. 6405 Cedar Avenue Motion by Ludeman, second by Hassenstab to remove from table the above item as the applicant had arrived at the meeting. e All ayes - Carried. Dave Tenquist, president of Adventure Van Rental Systems, Inc., arrived to speak on behalf of his company's request. He said he also has a company in Edina, and this one will be his second operation. Motion by Hassenstab, second by Ludeman to approve the granting of this special use permit. ' All ayes - Carried. 9. Authorization to_Initiate Eminent Domain Proceedings on Certain Property in the Area Known as the "Godfather Block" (L/H/N Redevelopment Proiect Area) City Manager Cartwright introduced the proposal to initiate eminent domain proceedings for property within the "Godfather Block", as explained in Council Letter No. 333. Community Development Director Kraft reviewed the chronology of events that Council Meeting Minutes -7- October 10, 1983 have transpired since November 1975. He said a letter had been received from Gordon Strom (C-217) indicating he could not appear at the meeting and that his attorney was unavailable. Mr. Kraft said the resolution authorizing eminent domain pro- ceedings for this portion of the L/H/N was excluding Wendy's restaurant. Motion by Ludeman, second 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. 6825 RESOLUTION AUTHORIZING THE ACQUISITION OF CERTAIN REAL PROPERTY BY EMINENT DOMAIN PROCEEDINGS Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Priebe, Hamilton. Nays - None. Carried. This resolution appears as Resolution No. 6825 in Resolution Book No. 50. David Wohl, vice president of Coit Drapery Co., expressed his opposition to this project. He said his business is going well and he needs to expand. He asked why he is not able to get a building permit. The city manager indicated he would look into the matter of the building permit denial and contact Mr. Wohl on Tuesday. 10. Appointment to Housing and Redevelopment Authority Mayor Hamilton advised that HRA Commissioner Hassenstab's appointment to the HRH, would expire on October 27, 1983, and he indicated his desire to reappoint him to a full five year term at this time. Councilmember Priebe opposed this appointment. He said he does not fault Mr. Hassenstab's professional qualifications or credentials, but wishes to maintain a ratio of 3 citizens to 2 council members on the HRA inasmuch as Mr. Hassenstab's term as councilmember expires on December 31. - Motion by Ludeman, second by Kirsch to appoint Donald Hassenstab to a five year terns on the Housing and Redevelopment Authority, commencing October 27, Council Meeting Minutes -8- A October 10, 1983 1983 and expiring October 27, 1988. Poll of votes: Ayes - Hassenstab, Kirsch, Ludeman, Hamilton. Nays - Priebe Bunce. Carried.- 11. A~zthorization to Implement Energ Conservation Program City Manager Cartwright briefly summarized the comprehensive energy conservation program report and cited the potential energy savings for Richfield residents. He commended staff member Susan Schmidt for her preparation of the report. Motion by Ludeman,second 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. 6826 RESOLUTION MAKING THE FINDINGS REQUIRED BY LAWS OF MINNESOTA 1983, CHAPTER 197, AND AUTHORIZING THE IMPLEMENTATION OF AN ENERGY CONSERVATION PROGRAM Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Priebe, Hamilton. Nays - None. Carried. This resolution appears as Resolution No. 6826 in Resolution Book No. 50. 12. Authorization to Acquire 920 West 66th Street for Vo-Tech Rehabilitation Pro ect City Manager Cartwright reviewed the proposed acquisition of 920 West 66th Street which will be utilized for the 1983/84 Vo-Tech Rehabilitation Project. This property is owned by Hennepin County, acquired during the right-of-way acquisition process for CP 705. Mr. Cartwright explained that the HRA can acquire this property for $52,400, of which $26,200 will go to the county and $26,200 will go to the city as reimbursement for expenses incurred in this acquisition. He recommended the council adopt the resolution authorizing this action. Council Meeting Minutes -9- October 10, 1983 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: RESOLUTION N0. 6827 RESOLUTION FOR CP 705 ACQUISITION EXPENSES RELATING TO SALE OF COUNTY OWNED PROPERTY TO THE RICHFIELD HRA Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Priebe, Hamilton. Nays - None. Carried. This resolution appears as Resolution No. 6827 in Resolution Book No. 50. 13. Council Choice Mayor Hamilton proposed a staff study be made on the possibilities of enlarging the Community Center facility. He said there is a dire need of more space for the senior citizen activities. He suggested staff meet with school personnel also. 14. Consent~Calendar Motion by Hassenstab, second by Priebe that the following items be approved: A. Transitory Ordinance Relating to Certain Capital Improvements. First Reading. BILL 1983-27 TRANSITORY ORDINANCE N0..17.09 - AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF MONEY FROM THE SPECIAL REVENUE FUND FOR CERTAIN CAPITAL IMPROVEMENTS PROVIDED BY TEMPORARY FUNDING FROM THE PERMANENT IMPROVEMENT REVOLVING FUND B. Resolution Approving Polling Places and Election Judges RESOLUTION NO. 6828 RESOLUTION PROVIDING FOR POLLING PLACES AND DESIGNATING JUDGES FOR STATE WIDE GENERAL ELECTION - NOVEMBER 8, 1983 C. Approval of Purchase of Chemicals for Water Treatment Authorize master purchase of estimated 200 tons of liquid carbon dioxide at Council Meeting Minutes -10- October 10, 1983 $59 per ton from Chemtron Corporation, Cardoz Division at an estimated total price of $11,800. D, Ratification of Labor._Contract with Local 49 RESOLUTION N0. 6$29 RESOLUTION APPROVIlVG LABOR AGREEMENT BETWEEN THE CITY OF RICHFIELD AND THE INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL 49 BARGAINING UNIT FOR THE YEARS 1983 AND 1984 E. Payments 'and Estimates Estimate No. 2, - 5% complete, Water Meter Installations, Contract No. 2389, Water Products Company - $2,722 All ayes - Carried. ].5. Claims and Payrolls Motion by Hassenstab, second by Kirsch that the following claims and payrolls be approved: SUNBKIT STATE BANK Checks 65542/65562 General Checks 28410/29110 Payroll RICHFIELD BANK & TRUST Checks 4025/4049,66244/66490 All ayes - Carried. $817,531.49 224,385.05 . $538,420.11 16. Adjournment Motion by Hassenstab, second by Ludeman that the meeting adjourn. All ayes - Carried. Time: 9:15 p.m. Date Approved: October 24, 1983 Sy v' K. Bergh Cit Clerk