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09-10-1984CITY OF RICHFIELD, MINNESOTA REGULAR COUNCIL MEETING SEPTEMBER 10, 1984 MENIDERS PRESENT: John Hamilton, Mayor Council Members: Howard Bunce, Martin Kirsch, Ivan Ludeman and Donald Priebe MEMBERS ABSENT: None STAFF PRESENT: John Cartwright, City Manager; Clayton Lefevere, City Attorney; Sylvia Bergh, City Clerk; Steven Devich, Acting Administrative Services Director/ Assistant City Manager; Don Fondrick, Community Services Director; Tom Morgan, Public Safety Director; Rick Jopke, City Planner; Pat Coughlin, Fire Chief; Michael Eastling, City Engineer The meeting was called to order at 7:02 p.m. The Pledge of Allegiance was led by Mayor Hamilton. R VAL M/Ludeman, S/Bunce to approve the following minutes: regular City Council meeting of Augus 13, 1984 and August 27, 1984, and special meeting of August 20, 1984• Motion carried -0. PRE~SENTATTONS Item 1 Mayor Hamilton presented a Certificate of Appreciation to Century Lodge 338 in recognition of their outstanding services to the community which include participation in the Metro Paint A Thon and purchase of a glucometer for the Richfield High ScYiool. GENDA P OVAL Item #2 City Counci pproval o Agenda Items Councilmember Ludeman requested addition of the following items to be discussed during the Council Choice section of the agenda: 1. Daycare financing 2. Richfield Lake 3. Drive way Apron - Nautilus City Council Meeting Minutes -2- September 10, 1984 M/Ludeman, S/Bunce to approve the agenda as amended. Motion carried 5-0. M/Bunce, S/Ludeman to approve the Consent Calendar as presented. Motion carried 5-0. Item #3 A. Estimates Nos. 1 and 2. Viking Automatic Sprinkler, CP 806, Automatic Sprinkler System at Richfield Shoppes-$25,997.50 B. Estimate No. 1., Sayne Minnesota, Gravity Sand Filter Console at Water Plant, Contract 703-1570-$17,130.05 C. Council consideration of kennel license request for Richard Burns, 7325 Fremont Avenue - Four Cats D. Council consideration of recommendation to deny request for a permit for a 40 foot square temporary ground sign at 2816 West 66th Street (Eddie Z Car Wash) Item #4 CO CIL N ERATION OF R~UEST FOR REZONING FROM "R" SINGLE FAMILY RESIDENTIAL TO "MR-1" TWO FAMILY RESIDENTIAL AT 6605 FIRST AVIIWE City Manager Cartwright reviewed the request of Mr. Jose Alvarez to rezone the property at 6605 First Avenue from "R" single family residential to "MR-1" two family residential.. He indicated the staff and planning commission had recommended denial of this rezoning request. Mr. Herbert Olson, 6638 1st Avenue, presented a petition (C-245) expressing opposition to this rezoning. Ms. Opal Hamel, 6613 1st Avenue, Ms. Carolyn Engelking, 348 Apple Lane, and Mr. Gordon Harder, 6632 1st Avenue, all spoke against this rezoning request. Ms. Jan Farrell, real estate agent for the applicant, spoke in support of Mr. Alvarez's proposal. She said this property is different from other neigh- borhood dwellings. M/Kirsh, S/Ludeman to close the hearing. Motion carried 5-0. M/Bunce, S/Ludeman to deny .this rezoning request. Motion carried 5-0. Item #5 COUNCIL CONSIDERATION OF RFIaUEST FOR A SPECIAL USE PERMIT TO CONDUCT A HOME OCCUPATION WITH TWO EMPLOYEES AT 6717 LYNDALE AVENUE City Manager Cartwright presented the request of Mr. Norman Gilbertsen for a special use permit to enable him to operate a real estate and insurance office in his home which would employ two outside persons. City Council Meeting Minutes -3- September 10, 1984 Mr. Gilbertson, the applicant, appeared in support of his request. He urged the council to support his special use permit request. He provided pictures of his property for council review. Mr. Loren Gasterlund, 671b Garfield said he has opposed commercial encroach- ment into his neighborhood since 1955• Mr. Gilbert Rickert, 6710 Garfield, also spoke against this proposed use and said he is trying to fend off commercialism in a residential area. M/Ludeman, S/Kirsch to close the hearing. Motion carried 5-0. M/Priebe, S/Bunce to approve this special use permit sub~-ject to the following stipulations. 1. Aturn-around must be installed which will meet city satisfaction. 2. The special use permit shall run with the land. The special use permit will lapse if the business is changed from a real estate and insurance business. 3. The special use permit shall be limited to the two uses, the sale of real estate and insurance, on the site. Poll of votes: Ayes - Bunce, Kirsch, Priebe, Hamilton. Nays - Ludeman. Motion carried 4-1. Item #6 0 C L SI ERATI N F A RDaUEST R A VARIAN NO RMI STRUCTURE TO PERMIT DWELLING TO BE EXPANDE6 AT-2913 WEST 6gTH STREET City Manager Cartwright reviewed the variance request of Mr. Robert Phenix who proposes to expand his nonconforming single family residence at 2913 West 69th Street. The applicant wishes to constuct a 12' x 25' addition on the rear of the existing structure. Mr. Cartwright advised that staff had recommended denial of this variance request as the three conditions for a variance had not been met and that the planning commission had recommended approval of this request. City Planner, Rick Jopke, responded to council questions regarding the portion of the lot being covered by this addition. He said this proposal would not be a problem as it does not exceed coverage of more than 25 percent. Mr. Larry Peterson, 9708 Colorado Road, Bloomington, spoke on behalf of the applicant who was out of town. He urged council support of this proposal. M/Kirsch, S/Priebe to close the hearing. Motion carried 5-0. M/Ludeman, S/Kirsch to approve this request for variance. t•4otion carried 5-0. City Council Meeting Minutes -4- September 10, 1984 Item #7 NS D TION 0 A REI~UE~ FOR VAR REDU THE RIIaUIRED REARYARD TO ALLOW CONSTRUCTION OF A WALK-IN COOLER AT SHORTSTOP CONVENIENCE, 7034 CEDAR AVEIWE City Manager Cartwright reviewed the variance request of the Shortstop Convenience Grocery Store, 7034 Cedar Avenue. Mr. Alvin Hohbein, owner of the store is proposing to build a 10' x 24' addition to the rear of this building to house a walk-in cooler. The addition would reduce the present setback of 15 feet to five feet. The City Manager indicated both the staff and planning com- mission had recommended denial of this variance request because the addition could be added to the north side without a variance. Mr. Hohbein, appeared in support of his variance request. Mr. Emery Langley, 7438 Bloomington, spoke in favor of this request and said he has performed some minor remodeling for Mr. Hohbein in the past. M/Ludeman, S/Kirsch to close the hearing. Motion carried 5-0. M/Priebe, S/Kirsch to approve this request for variance. Motion carried 5-0. Item #8. C NSID TI N A RDaUES R A VARIAN TO UCE REEZUIRED MINIMUM LOT WIDTH IN AN "R." ZONE FROM 50 FEET TO 45 FEET ° IN ORDER TO SUBDIVIDE THE PROPERTY INTO TWO LOTS AT 7210 PORTLAND AVENUE City Manager Cartwright summarized the request of Gordon and Dorothy Miller for a variance to reduce the required minimum lot width in an "R" single family resident zoning district from 50 feet to 45 feet for their property at 7210 Portland Avenue. The Millers wish to resubdivide their unplatted lot and sell the vacant undersized lot and retain the other lot for their single family residence. Mr. Cartwright reviewed the staff and planning commission recommendations for denial of this request. Mr. Gary Trebelhorn, 7200 Portland, spoke against this proposed variance. M/Ludeman, S/Kirsch to close the hearing. Motion carried 5-0. M/Ludeman, S/Kirsch to deny this variance request. Motion carried 5-0. Item #9. COUNCIL CONSIDERATION OF A RDaUEST FOR A SPECIAL USE PERMIT TO ALLOW INSTALLATION OF A SATELLITE DISH ANTENNA AT 7439 ELLIOT AVENUE City Council Meeting Minutes -5- September 10, 1984 City Manager Cartwright reviewed the request of Mr. Wallace Canty for a special use permit to allow installation of a 12 foot diameter satellite dish antenna in his rear yard at 7439 Elliot. Mr. Cartwright indicated the~city staff and planning commission had both recommended approval of this special use permit. M/Kirsch, S/Priebe to close the hearing. Motion carried 5-0. M/Bunce, S/Kirsch to approve this special use permit. Motion carried 5-0. Item #10 UNC S TI OF R CIAL U OP A DAYCARE FACILITY AT OAK GROVE LUTHERAN CHURCH, 7101 LYNDALE AVENUE City Manager Cartwright presented the application of Oak Grove Lutheran Church for a special use permit to allow a daycare facility for up to 60 ' children. The daycare facility would utilize existing classrooms within the educational wing of the church. The city manager cited firecode violations that will need to be corrected. Kristian Alleys Henak, operator of the proposed daycare facility, said this operation will be privately funded and they will not apply for a license until code requirements can be met. M/Bunce, S/Priebe to close the hearing. Motion carried 5-0. M/Ludeman, S/Bunce to a rove the s ecial use ermit to allow o eration of a da care facili of up to children at Oak Grove Lutheran Church with the ~-; ..,,, ., , ,.~ ~+ .,~ ~~~S-n'l~i l rlrcn Tai 1 ha narmi .tpr] t~ntl ~ the ann icant reso ves Motion carried 5-0. Item #11 COUNCIL I ERA I N O T FOR E S P TO OP PUBLIC GARAGE AT 7608 KNOX AVENUE City Manager Cartwright reviewed the application of Shari Properties for a special use permit to allow relocation of his public garage business which rents, stores and maintains two motor homes. The business, which presently operates out of 7700 Logan, wishes to move to an existing structure at 7608 Knox. Ms. Shari Casey, wife of owner Tom Casey, appeared on behalf of-this proposal. She enumerated improvements they intend to make to the property. M/Kirsch, S/Ludeman to close the hearing. Motion carried 5-0. City Council Meeting Minutes -6- M/Bunce, S/Kirsch to approve the at such time as more than two em Motion carried 5-0. September 10, 1984 1 use ermit with the sti elation that are emp Dyed at he site-, additional ded. Item #12 PUBLIC HEARING 0 THE ADOPTION OF THE ASSESSMENT ROLL FOR 1983 EY PAVING City Manager Cartwright summarized the project costs concerning the adoption of the proposed assessment roll for the 1883 Alley Paving, City Project No. 786. The costs for this project were calculated at $15.53 Per assessable foot. M/Bunce, S/Ludeman to close the hearing. Motion carried 5-0. M/Ludeman, S/Priebe that the followin~ resolution be ado ted• that it ad in the resolution book and that it be made a part o these minutes: RESOLUTION N0. 6928 RESOLUTION ADOPTING ASSESSMENT ON CITY PRCJECT N0. 786, 1983 ALLEY PAVING Motion carried 5-0. This resolution appears as Resolution No. 6928 in Resolution Book No. 51. Item #13 P ADOP 0 0 THE AS RO R ALL MAINTENANCE SERVICES, APRIL 1, 1983-DECEMBER 31, 1983 City Manager Cartwright reviewed the assessment costs for current maintenance services on alleys for the period April 1 through December 31, 1983. Community Services Director Don Fondrick detailed the costs for the labor involved, which includes snowplowing and alley repair. Gordon Herrboldt, 7212 Garfield, asked questions about previous assessments. M/Ludeman, S/Kirsch to close the hearing. M/Ludeman, S/Bunce that the following resolution be Bread in the resolution book and that it be made a par RESOLUTION N0. 6930 that it be minutes: 1 RESOLUTION ADOPTING ASSESSMENT ON CITY PROJECT EY MAINTENANCE FOR THE PERIOD APRIL 1 - DECEMB: City Council Meeting Minutes -7- September 10, 1984 Motion carried 5-0. This resolution appears as Resolution No. 6930 in Resolution Book No. 51. Item #14 P L C ON THE ADOPTION OF THE ASSESSMENT ROLL FOR 1983 SIDEWALK CONSTRUCTION City Manager Cartwright presented the recommended assessments for City Project No. 782, 1983 Sidewalk Construction. M/Ludeman, S/Kirsch to close the hearing. Motion carried 5-0. M/Kirsch, S/Bunce that the followin resolution be ado ted• that it be spread in the resolution book and that it be made a part o ese minutes: RESOLUTION N0. 6931 RESOLUTION ADOPTING ASSESSMENT ON CITY PR0~7`ECT N0. 782, 1983 SIDEWALK IMPROVE1~lVTS Motion carried 5-0. This resolution appears as Resolution No. 6931 in Resolution Book No. 51. Item #15 ADO 0 S ROLL R H MAINTENANCE FOR THE PERIOD JANUARY 1, 1983 - DECEMBER 31, 1983 City Manager Cartwright summarized the staff report on the assessment for the current maintenance services in the L/H/N Redevelopment Area for the period of January 1, through December 31, 1983. He noted that the total cost of current maintenance services were $33,812.10, and reviewed the eight types of maintenance features provided by the city and listed in Council Letter No. 312. Community Services Director Fondrick described the assessment process for councilmembers and said local business people are generally supportive of the city's maintenance program, M/Bunce, S/Ludeman to close the hearing. Motion carried 5-0. M/Ludeman, S/Kirsch that the followin resolution be ado ted• that it be Bread in the resolution ok and that it be made apart of these minutes: RESOLUTION N0. 6932 RESOLUTION ADOPTING ASSESSMENT ON CITY PROJECT N0. 787 LHN MAINTENANCE FnR THE PERIOD JANUARY 1 - DECEMBER 31, 1983 City Council Meeting Minutes Motion carried 5-0. -8- September 10, 1984 This resolution appears as Resolution No. 6832 in Resolution Book No. 51. Item #16 C0 IL N DERAT ON OF A RESOLUTION CERTIFYING TO THE UNTY AUDITOR THE DELINQUENT WATER AND SEWER UTILITY ACCOUNTS FOR THE 12 MONTH PERIOD ENDING AUGUST 31, 1984 City Manager Cartwright explained the reasons why a resolution certifying the annual accumulation of unpaid water and sewer utility accounts to the County Auditor was necessary. The City Council concurred in the City Manager's recommendation to consider an ordinance to impose quarterly penalties to utility customers who fail to pay their bills within a reasonable time. The City Manager said a draft ordinance will be presented to the Council at a future meeting. M/Ludeman, S/Bunce that the follow' resolution be. ado ted• that it be ad in the resolution-book and t it ~ made_a part_o__these menu s: ~~ RESOLUTION N0. 6g33 RESOLUTION CERTIFYING UNPAID SEWER AND WATER SERVICE CHARGES Ta THE COUNTY AUDITOR TO BE COLLECI`ED WITH OTHER TAXES ON SAID PROPERTIES Motion carried 5-0 This resolution appears as Resolution No. 6933 in Resolution Book No. 51. M/Ludeman, S/Buncr to close the hearing . Motion carried 5-0. Item #17 P LIC HEARI N THE ADOPTION OF THE T ROLLS FOR IS TREE, NUISANCE ABATEMENT AND WEID DESTRUCTION City Manager Cartwright reviewed the resolutions certifying special assess- ments for weed destruction, nuisance abatement and abatement of diseased trees. He recommended council approval of these resolutions. M/Ludeman, S/Bunce that the followin resolution be ado ted• that it be gad in the resolution book and that t be made a part of these minutes: RESOLUTION N0. 6925 RESOLUTION LEVYING SPECIAL ASSESSMENT FOR WEID DESTRUCTION Motion carried 5~0. This resolution appears as Resolution No. 6925 in Resolution Book No. 51. City Council Meeting Minutes -g- M/Ludeman, S/Bunce that the follo spread in the resolution book and tha September 10, 1984 resolution be adopted; that it be be made a Hart of these minutes: RESOLUTION N0. 6926 RESOLUTION LEVYING SPECIAL ASSESSMENT FOR NUISANCE ABATENE~]T Motion carried 5-0. This resolution appears as Resolution No. 6926 in Resolution Book No. 51. N!/Ludeman, S/Bunce that the gad in the resolution book a RESOLUTION N0. 6g27 be adopted; that it be part of these minutes: RESOLUTION LEVYING SPECIAL ASSESSMENTS FOR ABATEMENT OF DISEASED TREES Motion carried 5-0. This resolution appears as Resolution No. 6827 in Resolution Book No. 51. Item #18 P I I NSIDER SP IALLY I L H N R RRENT MAINTENANCE SERVICES FOR THE PERIOD OF JANUARY 1 THROUGH DECEMBER 31, 1g85 City Manager Cartwright described the benefits provided by the special assessment project for current maintenance services in the L/H/N redevelopment area. M/Kirsch, S/Ludeman to close the hearing. Motion carried 5-0. M/Bunce, S/Kirsch that the followin resolution be ado ted• that it be gad in the resolution book and that it be made a part of t ese minutes: RESOLUTION N0. 6934 RESOLUTION ORDERING UNDERTAKING OF CURRENT SERVICE PROJECT LHN MAINTENANCE - JANUARY 1 THROUGH DECEMBER 31, 1985 CITY PROJECT N0. 80g Motion carried 5-0. This resolution appears as Resolution No. 6934 in Resolution Book No. 51. City Council Meeting Minutes -10- September 10, 1984 Item #19 P IC HEARING CONSID SPE ALLY ESS G CURRENT MAIN'T'ENANCE SERVICE FbR CITY ALLEYS FOR THE PERIOD JANUARY 1 THROUGH DECEMBER 31, 1985 City Manager Cartwright recommended the adoption of the special assessment roll for alley maintenance for the period of January 1 through December 31, . 1985. Estimated total cost of this project is $17,500. M/Ludeman, S/Biulce to close the hearing. Motion carried 5-0. M/Ludeman, S/Bunce that the followin resolution be ado ted• that it be gad in the resolution book and that it be made a par of these minutes: RESOLUTION NO. 6935 RESOLUTION ORDERING THE UNDERTAKING OF CURRENT SERVICE FOR ALLEY MAINTENANCE PROJECT JANUARY 1 THROUGH DECEMBER 31, 1985 CITY PROJECT N0. 810 Motion carried 5-0. This resolution appears as Resolution No. 6935 in Resolution Book No. 51. Item #20 N D TTON OF RD N NDr NG AGE LIQUOR MAY BE CONSUMED IN HOUSEHOLDS. FIRST READING. City Attorney Clayton LeFevere said this agenda item is a "housekeeping" ordinance to bring our city ordinance into compliance with recently enacted state law. Bill 1984-19, "Ordinance Amending Section 11.01, Subd.2 of the Ordinance Code of the City of Richfield Relating to Consumption of Liquor", was read and , reviewed by City Attorney Clayton LeFevere, the same being on file in the office of the city clerk. (C-246) M/Bunce, S/Kirsch that this constitute a first readin of Bill 1984=19 and that second readin of this or Hance amen- ent be sc eduled for Se tember 24, 198 . Motion carried 5-©. Item #21 CO CIL CONSID TIO 0 A TAFF COMMEND TION TO A FOR PURCHASE OF 6744 IRVING AVENUE FOR PARK LAND ACQUISITION City Manager Cartwright reviewed the proposal to purchase the property at 6744 Irving Avenue for park land purposes. This residence is located on the southeast corner of Monroe Park. City Council Meeting Minutes -11- September 10, 1984 Community Services Director Fondrick spoke on the advantages of acquiring this property and recommended the staff continue efforts to acquire this property. M/Kirsch, S/Banta to authorize negotation for the purchase of 674.4. Irving Avenue for hark purposeswith fiindin~; being; acquired through a capital Motion carried x 3-0. Nays - Ludeman, Priebe. Item #22 T P T AT 6333 PORTLAND AVENUE City Manager Cartwright reviewed the proposal to acquire the property at 6333 Portland Avenue for park purposes and recommended city council authorization. M/Banta, S/Priebe to authorize urchase of 6333 Portland Avenue for poses at a total purchase price of ,000 and that monies received Motion carried 5-0. Item #23 I 911 I AT ON I AT ON AND ANI (AUTOMATIC NUMBER IDELVTIFTCATION) RECURRING CHARGES City Manager Cartwright reviewed the history of recurring charges for Basic g11 and Automatic Location Identification (ALI) and Automatic Number Identification (ANI), as explained in Council Letter No. 326. He said a dispute has arisen with Hennepin County over these charges. The independent agencies within Hennepin County involved in this dispute are Richfield, St. Louis Park, Minneapolis, Edina, Bloomington, Robbinsdale, Brooklyn Center, Crystal and Golden Valley. To date, neither County nor the independent cities have been able to resolve the question of who should pay these charges. Public Safety Director Morgan reviewed the different levels of services among the Hennepin County municipalities and suggested waiting to see if the Hennepin County Board will offer a compromise to the independent cities. Item #24 COUNCIL CHO CE OF DISCU IO I , 0 ACT ON Mayor Hamilton remarked on the greasy smoke coming from Arnold's Hamburger Shop and said the situation needs to be addressed. This item was referred to the City Manager to resolve. Councilmember Ludeman asked for an update on the Richfield Lake study. He expressed concern for pedestrian safety and parking problems around the Nautilus Health Spa. He spoke about the need to-have eligibility requirement guidelines for administering the daycare program. He asked the City Manager to look into a more. equitable system to set up to determine daycare eligibility. City Council Meeting Minutes -12- September 10, 1984 City~Manager Cartwright responded that work is underway to make the necessary improvements in the parking lot serving the Nautilus business and that the Rich- field Lake report will be discussed at the next Council meeting. He also said "No Parking" signs for the fire lane would be erected. Councilmember Bunce noted that the pathway on the south side of Monroe Park is frequently flooded. Mr. Fondrick answered this inquiry. Item #25 A M/Ludeman, S/Priebe that the following claims and payrolls be approved: RICHFIELD BAi~C & TRUST Checks 49100/72388 $ 647,239.75 FIRST WESTERN BAIL Checks 17060/17310 Regular 6,441,365.23 Checks 37887/38268 Payroll 242,667.18 Motion carried 5-0. Item #26 ADJO T M/Bunce, S/Kirsch that the meeting Motion carried 5-0. Date Approved: tuber 24 1984 Sy v er ty rk 1