Loading...
12-12-1983CITY OF RICHFIELD REGULAR CITY COUNCIL MEETING December 12, 1983 The City Council of the City of Richfield met in regular session in the council chambers of the city hall on Monday, De- cember 12, 1983 at 7:00 p.m. Mayor John Hamilton called the meeting to order at 7:05 p.m. Present: Bunce, Hassenstab, Kirsch, Ludeman, Priebe, and Hamilton Weblow Cub Scout Pack #500 presented the Colors and led the assembly in the Plddge of Allegiance. Mayor Hamilton presented the Cub Scouts with certificates of appreciation in recognition of their contribution to the evening. 1. A roval of Minutes of Re larl Scheduled Meetin of November 2 1 1983 and Continued Meeting of November 29, 1983 Motion by Hassenstab, second by Kirsch to approve the minutes of the November 28, 1983, regular meeting and the November 29, 1983 continued meeting. All ayes - Carried. 2. Opportunity for Citizens to Address the City Council No one requested an opportunity to address the city council. 3. Council Approval of Agenda Council Member Ludeman requested Item 19B, "Authorization for the City Manager to Execute Agreement with Orr-Schelen-Mayeron for 1984 Alley Paving Work and Water Plant Filter Control Console Project", and Item 19E, "Authorization to Purchase Snowblower", be removed from the Consent Calendar. Motion by Ludeman, second by Bunce to approve the agenda as amended. All ayes - Carried. 4. Public Hearing Relating to Renewal of On-Sale and Sunda~Liquor Licenses for the Godfather, Inc. 708 West 66t~i Street A representative from the Godfather, Inc. was not present to answer questions from the city council regarding this application. Motion- by Ludeman, second by Kirsch that the applicant be notified in writing of the council policy that applicants for on- sale and Sunday liquor licenses must be present at the license hearing, and that the hearing be continued to January 23, 1984. All ayes - Carried. 5. Public Hearin Relating to Renewal of On-Sale and Sunda Li or L censer or the Consu 1 Cor orat on, d a Chi Chi s Restaurant, / 7 Nico-let Avenue A representative from Chi: Chi's Restaurant was not present to answer questions from the city council regarding this application. Motion by Ludeman,. second by Kirsch that the applicant be notified- in writing of the council policy that applicants for on- sale and Sunday liquor licenses must be present at the license hearing, and that the hearing be continued to January 23, 1984. All ayes - Carried. 6. Public Hearing Relating to Renewal of On-Sale and Sunday Liquor A representative from the Ground Rounnd Restaurant was not present to answer questions from the city council regarding this applicat~.on. Motion by Ludeman, second by Kirsch that the applicant be notified in writing of the council policy that applicants for on- sale and Sunday Liquor Licenses must be present at the license hearing, and that the hearing be continued to January 23, 1984_. All ayes - Carried. The city staff was directed to work with the city attorney's office to draft an amendment to the city ordinance code to include a provision that applicant's for liquor licenses must be present at the license hearing when the council considers their license application. 7. Public_Hearin g Relating to License Renewals for On-Sale and Public Safety Director Thomas Morgan explained that the back- ground investigation relating to this license request was not com- plete, and that it was recommended that the hearing be continued to January 23, 1984. Motion by Ludeman, second by Kirsch that the hearing be con- tinued to the January 23, 1984 city council meeting. All ayes - Carried. 8. Public Hearing, Relating Sunday Liquor Licenses License Renewals for On-Sale erican Legion Post 435 Public Safety Director Thomas Morgan explained that the back- ground investigation relating to this license request was not com- plete, and that it was recommended that the hearing be continued to January 23, 1984. Council Minutes -3- December 12, 1983 Motion by Ludeman, second by Kirsch that the hearing be con- __ tinned to the January 23, 1984 city council meeting. All ayes - Carried. 9, Special Use Permit to Allow a Restaurant at g East 66th Street City Manager Cartwright introduced the requ est of Charles DuFresene representing Lincoln Properties, Inc., that the city approve a special use permit to allow a restaurant at 9 East 66th Street. The proposed restaurant would be a buffet type restaurant and would be called "Old Country Buffet". The restaurant would seat 240 persons and would be designed to appeal to families and senior citizens. No liquor would be served. Roy Hatland, founder of Buffets, Inc. , spoke on behalf of . this restaurant proposal. He said he: anticipated the restaurant would open for business in March or April, 1984. Motion by Hassenstab, second by Bunce to close the hearing. Council Member Ludeman expressed concern for sufficient parking on the site, and concern regarding cooking odors in the neighborhood. A representative of the restaurant indicated grease filters would be installed, and that they did not anticipate any offensive odors. City Attorney LeFevere said that a condition could be applied to the special use permit to require appropriate filtering of air to prevent the occurance of offensive odors. Council Member Kirsch asked if the exterior lighting would conform to the L/H/N guidelines, and it was stated that the lighting would conform. ; All ayes - Carried. Motion by Hassenstab, second by Kirsch, to approve the special use permit with the following stipulations: 1. Fences, hedges, and grass areas on the site be repaired . or replaced and be properly maintained; and 2. Appropriate odor filtering equipment be installed to prevent offensive cooking odors if directed to do so by the City of Richf ield. All ayes - Carried. 10. Re est for Variance to the Side and Setback Re irements to onstruct Fireplace Chimney, 7319 Clinton Avenue Dennis Kraft, Director Community Development, introduced the requ est of Myron Gunderson for the requested variance to construct a fireplace chimney by summarizing the main points contained in Council Letter No. 402. Mr. Gunderson requested that the required Council Minutes -4- December 12, 1983 five-foot sideyard setback be reduced to three feet. The city staff and planning commission recommendations for denial of this variance were presented. Mr. Myron Gunderson, 7319 Clinton Avenue, spoke in behalf of his proposal and urged council approval. Motion by Ludeman, second by Kirsch to close the hearing. All ayes - Carried. Motion by Ludeman, second by Hassenstab to deny the variance to the sideyard setback requirement. Poll of votes: Ayes: Ludeman, Kirsch, Hassenstab and Hamilton. Nays - Bunce and Priebe Carried. 11. Special Presentation by the Ener Awareness Commission and Ton Per ich, De ut Commissioner o Ener Division, State o Minnesota Commissioner Perpich commended the city council for the energy conservation program "Bundle Up Richf ield". He commented that the State of Minnesota has a goal to reduce energy consumption and expressed his hope that local governments would cooperate with the state on this common problem. 12. Request for Rezoning at _2801 West 66th Streets for a Psychiatry Off ice. First Reading. City Manager Cartwright introduced the requ est of Dr. Wilmar Larson to rezone the property at 2801 West 66th Street from "R", residential, to "C-1", limited;business, for purposes of converting the existing residence into a pyschiatry office. Dennis Kraft, Director Community Development, reviewed the rezoning request report contained in Council Letter No. 403. Mr. Kr aft noted that the staf f r evi ew of the proposal found 1. The proposed rezoning would not be consistent with the comprehensive plan which indicates the proposed site is a medium density buffer area which would allow multiple family use, duplexes, single family dwellings and ex- isting convenience commercial establishments; 2. The rezoning could be considered "spot zoning" as there is no commercial zoning within that particular block; 3. The existing single family residential use of the prop- erty is not necessarily the best use of the property; Council Minutes -5- December 12, 1983 4. That the proposed pyschiatry office use- of the site would provide the applicant better utilization of the property while maintaining a transition zone from the residential property to the south; and, ~. If the site is rezoned, the property could be used for a much more intensive commercial use in the future. Mr. Kraft said that both the planning commission and the staff were recommending denial of this rezoning request. Mr. Kraft indicated that at a~:~No~ember 16, 1983, meeting held by Dr. Larson for the neighbors, concern was expressed that a more intensive use of the site in the future would adversely affect their property values. Mr. Schulstrum, Attorney for Dr. Larson, spoke in behalf of his client's proposal. He noted that the property is across the. street from the commercial zoned Burger King, and that the existing garage on the site in question could be ,removed to create more off- street parking. He said Dr. Larson has been in practice at South- dale Medical Building for 21 years, and desires the rezoning for a long-term situation. Motion by Bunce, seconded by Kirsch, to close the hearing. All ayes - Carried. Motion by Bunce, seconded by Kirsch to deny the request to initiate rezoning for the property at 2801 West 66th Street from "R", residential to "C-1", limited business. All ayes - Carried. The city staff was requested to work with the city attorney's office to draft an ordin ance amendment which would permit the location of professional services in residential neighborhoods on arterial streets by a special use permit. . 13. Request for Variances to the Sideyard and Rear~rard Setback Requirements to Construct a Second Stork Addition to Penn Cycle, 6824 Penn Avenue City Manager John Cartwright introduced the requ est of Elmer Sorenson to secure a variance to allow the construction of a two story addition that would reduce the rearyard and sideyard setbacks as presented in Council Letter No. 404. Community Development Director Kraft discussed the request for three variances. One variance would reduce the rearyard setback from 12 feet to two feet. Another variance would reduce the west sideyard setback from 15 feet to 10 feet. He reviewed the history of the parcel, and said as stated in Council Letter No. 404, the three conditions necessary for granting variances have not been met. Mr. Kraft noted that both the city staff and the planning commission recommend denial of the variance request. Jim Sorenson, representing his father Elmer Sorenson, appear- ed in behalf of this variance request. Mr. Sorenson stated that the variances were being requested in an effort to increase the work area and to clean up the site, and not to expand the retail sales space. Motion by Bunce, second by Kirsch to close the hearing. All ayes - Carried. Motion by Bunce, second by Ludeman to deny the request for the three variances . Poll of votes: Ayes:. Ludeman, Kirsch, Hassenstab, Hamilton and Bunce. Nay: Priebe Carried. Motion by Bunce, second by Kirsch to reconsider the denial of the variance. Poll of votes: Ayes: Bunce, Kirsch, Hamilton and Priebe. Nays: Ludeman and Hassenstab. Carried. Motion by Kirsch, second by Priebe to defer action on the variance requests and to refer the matter to the planning commission to consider initiation of a rezoning process to extend the commer- cial zoning district boundary on this site an additional 38 feet to the south to bring the parking lot into conformance with city zoning ordinances. ~. Poll of votes: Ayes: Kirsch, Priebe, Bunce and Hamilton. Nays: Ludeman and Hassenstab. Carried. Lyle Median, 6845 Penn Avenue, asked questions regarding the use of the proposed expansion, and examined the drawings of the proposed building expansion. Council Minutes -7- December 12, 1983 14. Ordinance Amendment Relating to Demotions. Second Reading City Manager Cartwright introduced the ordin ance amendment relating to demotions. Mr. Cartwright explained that the present personnel ordinance provides that an employee may be demoted for reasons of mental or physical incapacity, and the the proposed ordinance amendment adds the phrase "and for other reasons." The ordinance amendment will provide greater administrative latitude in cases relating to demotions. Motion by Ludeman, second by Bunce to close the hearing. All ayes -Carried. Absent - Hassenstab Bill 1983-30 "Ordinance Amending Section 2.31, subdivision 2 , c lause ( 3 ) 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-223) . Motion by Ludeman, second by Kirsch that this constitute a second reading of Bill 1983-30, that it be published in the official newspaper, and that it be made a part of these minutes. Poll of votes: Ayes: Bunce, Kirsch, Ludeman, Priebe and Hamilton. Nays: None. Absent - Hassenstab 15. Ordinance Amendment Relating to Maternit~Le_ave. Second Reading. City Manager Cartwright presented an ordinance concerning maternity leave for council second reading consideration. Mr. Cartwright commented that as noted in Council Letter No. 406, the ordinance amendment would bring the personnel ordinance into conformance with state laws relating to maternity leave for adop- tive mothers. Motion by Ludeman, second by Kirsch to close the hearing. .All ayes - Carried. Bill 1983-31, "Ordinance Amendment to Subdivision 6 of Section 2.33 of the Ordinance Code of the City of Richfield Relating to Maternity Leave" was read and reviewed by City Attorney LeFevere, the same being on file in the office of city clerk. (C-224). Motion by Ludeman, second by Hassenstab that this constitute a second reading of Bill 1983-31, 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 and Hamilton. Nays: None. Council Minutes 16. Charter t e Cit -8- ent Relating to the and Reading. Resol December 12, 1983 in~of Contracts~~b~~ Relating to Purc~iasin Practices in the City of Richfield. City Manager Cartwright presented this charter amendment for council second reading consideration. Mr. Cartwright explained that the charter amendment would raise the contract minimum amount that require. the direct quotation or sealed bidding practices, and that the purpose of the charter amendment was to conform with the state law regarding purchasing practices. City Attorney LeFevere commented that state provisions over- ride local mandates. Mr. Cartwright noted that as presented in Council Letter No. 407: the charter amendment would provide that contracts under $10,000 could be let by the city man ager; contracts over $10,000, but less than $15,000, may use either the sealed bid process or direct quotations and must be approved by the city council; and, that .all contracts in excess of $15,000 must use the sealed bid process and be approved by the city council. Mr. Cartwright added that the proposed city council policy resolution provides that all purchases less than $5,000 can be approved by the city manager. This resolution increases the dollar amount from $1,650 to $5,000. Motion by Bunce, second by Kirsch to close the hearing. All ayes - Carried. Bill 1983-29, Transitory Ordinance No. 17.11, Charter Amend- ment Ordinance No. 16, "An Ordinance Relating to the Awarding of Contracts by the City, Amending Sections 6.05 and 6.06 of the City Charter", was read and reviewed by City Attorney LeFevere, the same being on file in the office of tHP city clerk. (C-219). Motion by Hassenstab, second by Kirsch that this constitute a second reading of Bill 1983m29, 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, and Hamilton. Nays: None. Carried. - Motion by Hassenstab, second by Bunce that the following resolution be adopted; that it be spread in the resolution book [1 Council Minutes -9- December 12, 1983 and that it be made a part of these minutes: RESOLUTION NO. 6847 RESOLUTION RELATING TO PURCHASING PRACTICES IN THE CITY OF RICHFIELD Poll of votes: Ayes: Bunce, Hassenstab, Kirsch, Ludeman, Priebe and Hamilton. Nays: None. Carried. This resolution appears as Resolution No. 6847 in Resolution Book No. 50. 17. Request for Extension of Special-Use Permit Time Limit at 1200 East 78th Street City Manager Cartwright introduced the request of David Webb, representing Webb Enterprises, for an extension of his special use permit for a restaurant to serve liquor at 1200 East 78th Street. Mr. Cartwright explained that as noted in Council Letter No. 409, the special use permit would expire on December 13, 1983, unless extended by the City Council. Mr. Cartwright said that the proposed project, to cpnstruct a Winfield Potter's Restaur- an t, ahd been delayed because a partnership memorandum was not completed until recently. He said Mr. Webb had indicated that the project would move forward in the spring of 1984. Motion by Ludeman, second by Hassenstab to approve an extension of the special use permit for six months. All ayes -Carried. 18. Lincoln Hills School: Acquisition Utilizing Community Devel- opment Bloc7c Grant Funds Community Development Director Kraft reviewed the use of approx- imately $461,000 in Community Development Block Grant Funds that has been earmarked for the acquisition of the Lincoln Hills School. As noted in Council Letter No. 410, the option to purchase th.e site from the school district has expired, and the HRA recently removed this particular item from their budget because the option to purchase had expired. Mr. Kraft said the council was being asked to consider if the city should continue to hold the funds for the purchase of Lincoln Hills School or if the funds should be reprogrammed to other eligible projects. Mr. Kraft and City Manager Cartwright presented the following alternative projects: Council Minutes -10- December 12, 1983 1. Appropriation of $200,000 to purchase three to five scattered site blighted residential properties under the Volunteer Acquisition Program: 2. Appropriation of $161,243 to establish a revolving fund to "buy down" interest rates on SBA 7A loans. Under this program, private lenders would make loans to businesses in Richfield for capital improvements. SBA would guarantee 90°s of the loan. This program is for small businesses. 3. Appropriation of $100,000 for new or expanded community center facilities for the seniors and handicapped persons of Richfield . Motion by Ludeman, second by Kirsch to approve the allocation of Community Development Block Grant Funds as follows: Housing $200, 000 Economic Development $161,243 Community Center $100,000 X461 ,243 All ayes - Carried. 19. Council Choice Council Member Bunce Requ ested information on the criteria for state aid streets. Council Member Priebe asked questions regarding snowplowing operations, and requested the staff to do some "clean-up" snow- plowing in the area of 72nd Street from Cedar Avenue to Blooming- ton _A.venue. 20. 19B Authorization for the City Manager to Execute Agreement w th Orr-Schelen-Maveron for 1984-Alley Paving Work and Water Plant Filter Console Control Council Member Ludeman commented that when the 1984 alleys are installed, he would like to see that the apron between the new alley and existing garages is "replaced in kind" with the same type of material. This provision should be added to the contract specif ications. Motion by Lu deman, second by Kirsch that the city manager be authorized to execute the agreements with Orr-Schelen-Mayeron. All ayes - Carried. 21. 19E. Authorization to Purchase Snowblower Council Member Ludeman asked for further information on the type of equipment to be used for sidewalk plowing. Community Council Minutes -11- December 12, 1983 Services Director Fondrick responded with details on the equipment. Motion by Ludeman, second by Kirsch that the city staff secure quotations to purchase a snowblower, and that the purchase be con- sidered by the city council at their December 19, 1983 meeting. All ayes - Carried. 22. Consent Calendar Motion by Hassenstab, second by Ludeman to approve remainder of consent calendar: A. Authorization for Reimbursement Under the Communit Health Serv ces Act. Authorization to receive $76,364 under the Minnesota Community Health Services Act in 1984 and 1985. C. Agreement for Counseling Services with The Storefront1Youth Action, Inc. for 1984. ~"- Approval of an agreement appropriating $36,400 to the Store- front/Youth Action, Inc. for counseling services in 1984. D. Approval of Contract for Services .With Project Charlie III Appropriation of $3,160 in 1984 for crime prevention services. F. Financial Arrangements Related to Storm Sewer Lift Station At Adams Hill Park ' Approval of arrangement for Edina and Richfield to share costs for electrical charges for lift station at Adams Hill Park. G. Evidentiary and Public Hearing re Proposed NW Bell Rate __.__ Increase .~~ Received notice and placed on file in City Cierk's Office. H. Purchases in Excess of $2,650 Approved the purchase of a snowblower for sidewalk plowing from Bryan Equipment in the amount of $9,822; and authorized the pur- chase of five police vehicles through the Hennepin County Purchas- ing Contract from Brookdale Ford in the amount of $54,064.15. I. Resolution Relating to Maintenance Assessments, LLH/N Redevelopment Area. RESOLUTION N0. 6848 RESOLUTION PROPOSING TO SPECIALLY ASSESS THE COSTS OF SERVICES TO BE PROVIDED WITHIN THE LYNDALE/HUB/NICOLET PROJECT AREA FOR THE PERIOD JANUARY 1- DECEMBER 31, 1984 Coun.eil Minutes -12= December 12, 1983 J. Resolution Relating to Alley Maintenance Special Assessments. .__.... RESOLUTION N0. 6849 RESOLUTION PROPOSING TO SPECIALLY ASSESS FOR THE COSTS OF CURRENT SERVICES PROVIDED FOR ALLEY MAINTENANCE IN THE CITY OF RICHFIELD FOR THE PERIOD JANUARY 1 - DECEMBER 31, 1984 Ft. Application for Taxicab Business Lieense for Suburban Taxi Corp. Application approved for six taxicabs in Richf ield. L. Payments and Estimates CP 782, 1983 sidewalk construction, 100°a complete, Arcon Construction - $28,328.57 ' CP 786, 1983 alley construction, 100 °s.complete, Arcon Construction - $4 , 524 .11 CP 773, 100 complete, traffic signal at 76th and Lyndale, Hoffman Electric Co. - $615.65 C. P. 774, 100$ complete, traffic signal at 67th and Lyndale, Hoffman Electric Co. - $3,526.15 Contract 2377, ],ime sludge removal, W-.G. Rehbe3.n Bros. $56,450.00 Contract 2383, 100~s complete, Aegis Limited, Inc. Painting Penn Avenue Water Tower, $65,500.00 Estimate No. 4, water meter installation, Water Products, $21,000.00 A'Il ayes - Carried. 23. Claims and Payrolls Motion by Hassenstab, second by Ludeman that the following claims and payrolls be approved: Richfield Bank and Trust Checks 4154/4204, 67,283/67552 $791,876.62 Summit State Bank Checks 30579/30890 Payroll 4$223,440.15 Checks 65673/65698 General $760,129.81 All ayes - Carried. 24. Adjournment - Motion by Hassenstab, second by Ludeman that the meeting adjourn. All ayes - Carried. Time: 9:20 p.m. 1 C Council Agenda -13- December 12, 1983