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12-10-1984CITY OF RICHFIELD, MINNESOTA REGULAR COUNCIL-MEETING DECEMBER 10, 1984 MEP+IDERS PRESENT: John Hamilton, Mayor; Howard Bunce; Martin Kirsch; and, Ivan Ludeman MEI~ERS ABSENT: Donald Priebe STAFF PRESENT: John Cartwright, City Manager; Clayton LeFevere, City Attorney; Steven Devich, Acting AdminYstrative Services Director/Assistant City'Manager; Don Fondrick, Com- munity Services Director; Dennis Kraft, Community Development Director; Tom Morgan, Public Safety Director; Tom Carroll, Special Agent; and Sylvia Bergh, City Clerk The meeting was celled to order at 7:00 p.m. PLEDGE OF ALLEIGIANCE R M/Ludeman, S/Kirsch _._ November 26, and,_the rg Motion carried 4-0. P ENTA .IO Item #1 P A ION 0. IC 0 APP A I N L H , CENTER. MANAGER, FOR OUTSTANDING PUBLIC SERVICE AND IN RECOGNITION OF HER SELECTION AS WOMAN RECRETTOR IN MINNESOTA FOR 1984. BY THE MINNESOTA RECREATION AND PARKS ASSOCIATION Mayor Hamilton presented a Certificate of Appreciation for Outstanding Public Service to Lil Hipp, manager of the Richfield Community Center. Ms. Hipp recently received the Dorothea Nelson Award as distinguished woman recreator in Minnesota for 1984 from the Minnesota Recreation and Park Association. Item #2 AT ON F 00 R OUTSTANDING LIFE SAVING ACTIONS Mayor Hamilton presented a Resolution of Appreciation to Rodney Nooner for outstanding lifesaving actions. In May, 1983, Mr. Nooner rescued a young boy from a Northern States Power substation. Item #3 PRESENTATION OF CERTIFI ATE 0 APPRECIA ION IELD OPTI CLUB FOR OUTSTANDING COMMUNITY SERVICE Council Meeting Minutes -2- December 10, 1984 Mayor Hamilton presented a Resolution of Appreciation to Bob Holton, Pres- ident of the Richfield Optimist Club, in recognition of the community services this organization has provided to the City of Richfield. Among their numerous community activities are the Bike Safety Program and "Making Halloween Safe for Kids". OPPO I R CITIZENS TO ADD C UN L Paul Meehl passed out literature relating to a bandy tournament. He urged support for this sport, a combination of hockey, and soccer, which is popular in Europe. Lawrence Wozniczka, 6744 Wentworth, urged the council to re-examine the present snowplow ordinance. He said the city could have done a better fob removing snow during the last snowfall. Item #4 P F M/Bunce, S/Ludeman to approve the agenda as submitted. Motion carried 4-0. Item #5 M/Ludeman, SiKirsch that the following items be approved: A. COUNCIL CONSIDERATION OF RDaUEST TO ESTABLISH A SPECIAL "NO PARKING ZONE" at 7645 OAKLAND AVENUE B. OOUNCIL RE;t~TPT OF A LETi'ER OF CONIl~+~NDATION FROM THE SENIOR CITIZENS/ HANDICAPPED ODMMISSION The SC/HC letter expressed appreciation to Lil Hipp and Sylvia Bergh for the successful efforts on the "Access to Vote '84" project. C. COUNCIL OONSIDERATION OF PURCHASES IN EXCESS OF $5,000 FOR GOLF COURSE FERTILIZER AND PURCHASE OF FOUR SQUAD CARS FERTILIZER -Authorize purchase of 17 ton PAR EX 24-4-12 at $700/ton and 2 ton of PAR ESC 21 at $840/ton, less 10q for a total cost of $12,222, from Turf Supply. - 1 PUBLIC SAFETY VEHICLES -Authorize purchase of four 1985 Ford Crown Victoria vehicles at a unit price of $11,523, for a total purchase price of $46,092 from Elk River Ford-Mercury, Inc. D. OOUNCIL CONSIDERATION OF AWARD OF CONTRACT FOR PRINTING OF SEASONAL RECREATION BROCHURE FOR 1985 Authorize award of contract for 1985 seasonal recreation brochures to Sexton Printing in the amount of $24,400. Council Meet3.ng Minutes -3- December 10, 1984 E. COUNCIL CONSIDERATION OF APPROVAL OF CONTRACT FOR SERICES WITH PROJECT CHARLIE ITI FbR 1985 F. COUNCIL CONSIDERATION OF AGREIIU~NT WITH THE STOREFRONT YOUTH ACTION, INC. FDR COUNSELING SERVICES IN 1985 G. PAYMENTS AND ESTIMATES - CP 806, Estimates 4 and 5. Viking Auto Sprinkler Co. - Installing Auto- matic Sprinkler - $12,167.60 CP 788, Estimate 2. Asphalt Contracting - Site Construction Memorial Park - $27,242.00 CP 7055, First and Final Estimate. McNamara Contracting Co. - Bituminous Mixture for Path at Richfield Lake - $3,223.10 CP 793, F3na1 Estimate. Standard Sidewalk Inc. - 1984 Alley Improvement Project - $11,986.13 CP 795, Estimate 1. Minnesota State Curb-Gutter Co. - Sidewalk Repair and Appurtenant Work - $9,616.32 CP 7055 and CP 788, Esti~rate 2. Builders Engineering Co./First Sec. Bank - __ __ Play Equipment Richfield Lake and Memorial Park - $3,085 CP 760, Final Estimate. Natural Green - $6,306.93 Motion carried 4-0. Item #6 CIL CO ID 0 OF PLI 0 R W ON- L QUOR, SUNDAY LIQUOR, AND TAVERN LICENSES FOR RICHFIELD AMERICAN LDGION POST 435 City Manager Cartwright reviewed the renewal application of the American Legion Post #435 for 1985 liquor licenses. He noted the required information has been supplied to the Public Safety Department to aid in their investigation and the necessary financial statements have been submitted by the CPA firm of Mark Babcock and Company. The City Manager recommended City Council approval of the liquor license renewal application. M/Bunce, S/Kirsch to close the hearing. Motion carried 4-0. M/Bunce, S/Ludeman to a rove renewal of on-sale rn licenses for the Richfield American Legion Po Motion carried 4-0. Council Meeting Minutes -4- December 10, 1964 Item #7 N F L N - , AND SUNDAY LIQUOR FOR FRED BABCOCK V.F.W POST 5555 City Manager Cartwright reviewed the application for renewal of liquor licenses for Fred Babcock V.F.W. Post 5555 for 1985. He said the applicant Yid " submitted the required financial information and security information as re- quired by the Public Safety Department.. The City Manager recommended city council approval of the liquor license renewal applications. M/Kirsch, S/Ludeman to close the hearing. Motion carried 4-(). M/Ludeman, S/Bunce to a. rove renewal of the on-sale and Sunda li uor licenses for 1985 for the Fred bcoc V. .W. Post 555 or-1985• Motion carried 4-0, Item #8 CX7 TI APP A N R W F ON- LIQU R AND SUNDAY LIQUOR LICENSES FOR CHI-CHI'S RESTAURANT City Manager Cartwright reviewed the application for renewal of liquor licenses for Chi-Chi's Restaurant for 1965. He said required financial information and investigative information has been submitted and liquor license fees have been paid to the City. He indicated that there has been a 58~ increase in police incident reports at Chi-Chi's during this past year. Mr. Craig Schrieber, area representative for Chi-Chi's, said the greater portion of police related incidents are in the parking lot, not in the restaurant. He said they will begin monitoring the parking lot Tuesday through Saturday nights. Public Safety Director Morgan said he shares the Council's concern of the increase in parking lot episodes in 1984. The City Council feels there is a need for reinstatement of a parking lot patrol person to be on duty from 9:00 or 10:00 P.M. through closing time. Chi-Chi's Restaurant staff was directed by the Council to work with the Public Safety Department to reduce such parking lot .incidents. The Public Safety Department will report to the City Council in three months on the police incident reports for the first quarter of 1985. The City Manager recommended City Council approval of the liquor license renewal application. M/Bunce, S/Ludeman to close the hearing. Motion carried 4-0. M/Bunce, S/Ludeman to a~~rove renewal of the on-sale and Sunday liquor licenses for 1985 for Chi-Chi's Restaurant. Motion carried 4-0. Council Meeting Minutes -5- December 10, 1884 Ttem #9 CO L CO SID ION OF APP ATION R AL 0 0 - NE NONINTUXICATING MALT LIQUOR LICENSES FOR DAVANNI'S IlVC. ~ ~ ~~~ City Manager Cartwright reviewed the renewal application of Davanni's Inc. for on-sale wine and nonintoxicating malt liquor licenses for 1985• He said all required financial and investigative information has been provided by the applicant. The City Manager noted that there was only one Public Safety contact at this establishment during the past year and this contact involved an inspection. He commended Davanni's for presenting such a positive image to the community, and recommended City Council approval of the liquor license renewal applications. ' M/Ludeman, S/Bunce ~o close the hearing. Motion carried 4-0. M/Ludeman, S/Kirsch to a rove renewal of the on-sale wine and nonintox: eating malt liquor licenses or 8 or a s nc. Motion carried 4-0. Item #10 N PL 0 0 - L QU R AND SUNDAY LIQUOR LICENSES FOR GROUND ROUND RF.5TAURANT _ City Manager Cartwright reviewed the application for renwal of on-sale liquor and Sunday liquor licenses for the Ground Round Restaurant for 1985• He indicated that Ground Round and the parent company, Howard Johnson Co., had been very cooperative in submitting all necessary information for the renewal of their licenses. Mr. Cartwright noted that the level of police contact at this restaurant remained at the same level as last year. Mr. Trent L. Trahan, manager of the Ground Round Restaurant, spoke to Council concerns about vehiclar traffic. He said North Star hockey fans have been creating problems, such as car break-ins. He also said fewer rowdy customers are patronizing their upgraded facility. The City Manager recommended City Council approval of the liquor license renewal applications. M/Kirsch, S/Bones to close the hearing. Motion carried 4-0. M/Ludeman, S/Bones to approve renewal of the on-sale and Sunday liquor licenses for 1985 for the Ground Round Restaurant. ' Motion carried 4-0. Council Meeting Minutes -6- December 14, 1984 Item #11 (A I TI N OF L CAT ON FOR AL 0 - AND NONIlVTOXICATING MALT LIQUOR LICENSES FOR THE INN, AND COUNCIL CON- SIDERATION OF STAFF' RDaUEST TO CONTINUE HEARING Ta THE JANUARY 14, 1985 CITY COUNCIL MEETING City Manager Cartwright advised tha difficulty in obtaining all the required tigation of The Inn and has requested a January 14, City Cou~icil meeting. M/Ludeman, SiKirsch to t the Public Safety Department has-had information to complete their inves- continuation of this hearing to the renewal Motion carried 4-0. Item #12 CIL SID TI N OF PLIC 0 R ON-SALE WINE AND NONINTOXICATING MALT LIQUOR, MILLER'S FIRESIDE PIZZA, INC. City Manager Cartwright reviewed the renewal application of Miller's Fireside Pizza, Inc. for on-sale wine and nonintoxicating malt liquor for 1985. Mr. Cartwright indicated the applicant has provided all the necessary infor- mation relating to financial and Public Safety investigation. Mr. Cartwright commended this establishment for continuing to project a family atmosphere-and positive image in the community, and recommended City Council approval of the liquor license renewal applications. • M/Bunce, S/Ludeman to close the hearing. Motion carried 4-0. M/Kirsch, S/Bunce to a rove renewal of the on-sale wine and nonintoxicating liquor licenses or Millers ireside Pizza. nc. for Motion carried 4-0. Item #13 CO 5ID AT R WAL 0 N- NONINTOXICATING MALT LIQUOR, NORTHSTAR PIZZA, INC. DBA SHAKEY'S PIZZA PARLOR City Manager Cartwright reviewed the application of Shakey's Pizza Parlor for renewal of the on-sale wine and nonintoxicating malt liquor licenses for 1985. He said the applicant has presented the required financial information. and the Public Safety Department has conducted the necessary background inves- tigation. The City Manager recommended City Council approval of the license renewal applications. • M/Kirsch, S/Bunce to close the hearing. Motion carried 4-0. 1 Council Meeting Minutes -7- M/Ludeman, S/Bunce to authorize renewal of the on catina malt liquor licenses for orthstar Pizza, nc. Motion carried 4-0. December 10, 1984 s Item #14 CONSID O A RDa T FOR E P T T 500 E 78TH STREET (SHAKEY'S PIZZA) TO CONSTRUCT A DRIVE-THRU SERVICE WINDOW City Manager Cartwright introduced the request of Northstar Pizza Corp. to construct a drive thru service window at their Shakey's Pizza Parlor at 500 East 78th Street. Community Development Director Kraft presented a sketch of the proposed con- struction which would consist of a drive up service window on the west wall of the present restaurant. He cited staff concern about the setting of a precedent in allowing use of a portion of the public right-of way in this in- stance and recommended that this special use permit be approved, subject to the following stipulations as listed in Council Letter No. 441: 1. That the applicant enter into a hold harmless agreement with the City concerning the use of the unimproved right-of way on the east side of 5th Avenue for landscaping and for a drive up lane. 2. That the applicant be responsible for hauling snow away from the drive up lane and that the snow not be plowed into 5th Avenue. 3. That bollards not be installed as shown on the site plan and that the design.of the curb cut closing should be approved by staff. ¢. The city be held harmless for remedial action if curb cut is closed on 5th Avenue and cars allowed to park on 5th Avenue. Mr. Richard Lupu, president of the corporation, appeared and spoke in support of his request and problems encountered with snow removal. M/Ludeman, S/Kirsch to close the hearing. Motion carried 4-0. M/Ludeman, S/Bunce to grant this special use ermit subject to the stip- ulations listed above. Motion carried 4-0. Item #15 CO IL ID TION OF A RII~UES A E AL USE P A 918 WEST 77 1/2 ~ FOR A CAR SALFS BUSINESS, AND A REQUEST TO WNTINUE THE HEARING TO~THE DECII'~ER 17, 1984 CITY COUNCIL .MEETING Council Meeting Minutes -8- City Manager Cartwright advised that deferred action on this item because of a recommended that the City Council continu 17, meeting.. M/Bunce, S/Kirsch to ,ins of the Citv Coun~ Motion carried 4-0. December 10, 1984 the Planning Commission had need for further study. He. e the hearing to the December of this item to the next A Item #1$ CO R 400 WEST 78TH STREET FOR A CAR SALES BUSINESS, AND A RD'aUEST TO CONTINUE THE HEARING TO THE DECEMBER 1'T, 1984. CITY COUNCIL ' MEETING City Manager Cartwright advised that the Planning Commission had requested action on this matter be deferred to the December 17, City Council meeting. M/Bunce, S/Kirsch to continue this hearing to the December 17, 1984 City Council meeting. Motion carried 4-0. Item #17 CIL D N 0 AL P AT 7645 HARRIET AVE~IIJE TO ALLOW A MANICURIST TO WORK IN THE ONE CHAIR BEAUTY PARLOR AT THAT LOCATION City Manager Cartwright reviewed the request of Robert Werner for a special use permit to allow one nonresident person to work in his one chair home beauty shop as a manicurist. The City Manager presented the staff concern for lack of parking on the site and the staff recommendation for approval of this home occupation with the stipulation that no parking occur on 77th Street. The Planning Commission recommendation said that the special use permit should have a stipulation that if the beauty shop use ceases, the approval of a nonresident employee will cease. M/Bones, S/Kirsch to close the hearing Motion carried 4-0. M/Ludeman, S/Bunce to approve this special use permit with the sti that if the beauty shoe use ceases. the special use permit-for-one non staff member will cease. Motion carried 4-0. Item #18 COUNCIL CONSIDERATION OF A RDaUE FO A VARI CE W OF THE EXISTING SINGLE FAMILY RESIDENCE AT 6937 PENN AVEN[JE Council Meeting Minutes -g- December 10, 1984 City Manager Cartwright presented the request of Mr. Kenneth Pritchett for a variance to allow expansion of an existing nonconforming single family structure at 6937 Penn Avenue. Community Development Director Kraft explained the proposed expansion and reviewed the staff recommendation for denial of this request along with the Planning Commission's recommendation for approval. The Planning Commission had also recommended revisions in the ordinance code to allow for expansion of nonconforming structures under certain conditions. The Public Safety Depart- ment noted sprinklers should be installed if the variance is approved. Ms, Mary Pritchett, the applicant, appeared in support of this request and said they wished to install smoke detectors, as smoke detectors save lives and sprinklers only save property. M/Ludeman, S/Bunce to close the hearing. Motion carried 4-0. M/Ludeman, S/Kirsch to approve this variance with the installation of smoke detectors. Motion carried 4-O. Item #19 0 D , PERMIT, AND OEF-STREET PARKING PERMIT FOR THE MARKET PLAZA DEVIIrOPMENT City Manager Cartwright presented the final development plan as presented for the Market Plaza development in the "Godfather" block. Community Development Director Kraft reviewed the proposed changes in the plan as submitted by the developer. Richard Krier, of Derrick Land Co., displayed an artist rendering of the commercial/apartment building and gave a status report on the project. M/Bunce, S/Kirsch to close the hearing. Motion carried 4-0. M/Bunce, S/Kirsch to a rove the final develo stipulations contained in Council etter o. 44 . Motion carried 4-0. M/Bunce, S/Kirsch that the followin resoluti spread in the resolution boo and that it be made plan with the ei it be utes• Council Meeting Minutes -10- December 10, 1984 RESOLUTION N0. 67 0 RESOLUTION $~LA~i 1 CONTRACT FOR OFF-STREET PARKING IlV ACCORDANCE WITH APPLICATION N0. 84-2, OONTfiACT N0. .2412 Name: Market Plaza Corporation Address: 1650 Shelard Tower Minneapolis, MN 55426 Location: Block bounded by 65th Street 66th Street Lyndale Avenue, and Graham Avenue Use: Condominiums, Office, Retail and Apartments Motion carried 4-0. This resolution appears as Resolution No. 6973 in Reso u on Boo o. 2. Item #20 P IL N ID 0 0 O A• HOUSING POLICY STATEN~NT FOR 1985 HOUSING PROGRAMS City Manager Cartwright opened the public hearing convened to consider adopting policies relating to mortgage subsidy bonds (housing mortgage revenue bonds). Community Development Director Kraft read the policy statement for 1985 housing programs. He recommended Council approval of the "1984 Housing Policy Statement for 1985 Housing Programs" by adopting the appropriate resolution. M/Bunce, S/Kirsch to lose the hearing. • Motion carried 4-0. M/Bunce, S/Ludeman that the followin resolution be ado ted• that it be spread in the resolution book and tha t be-made apart of _these_minutes: RESOLUTION N0. 6974 RESOLUTION ADOPTING A 1984 FUSING REPORT AND POLICY STS TO BE SUBMITTED TD THE SECRETARY OF THE UNITED STATES TREASURY Motion carried 4-0. This resolution appears as Resolution No. 6974 in Reso ution o0 0. 2. Item #21 B R C ID A R PROVIDING FOR CAPITAL INN~ROVE~+~NTS. SECOND READING City ger twrigh presented a ransitory Ordinance providing for capital improvements for City Council second reading approval. He said these• appropriations would provide for revisions in capital project appropriations. M/Bunce, S/Kirsch to close the hearing. Motion carried 4-0. Council Meeting. Minutes -11- December 10, 1984 Motion carried 4-0. .~ Motion carried 4-0. Item #22 A SATELLITE DISH AS A PERMITTID ACCESSORY USE I1V RESIDENTIAL DISTRICT. FIRST READING. City Manager Cartwright reviewed a proposed ordinance relating to the placement of satellite antennas on private property. He said this ordinance had been presented to eliminate the necessity for a property owner to apply for a special use permit. The City Manager recommended that satellite antennas restrictions be set so as to prohibit the placement of these accessory structures in front yards and the street side of a corner lot side yard. Hill 1984-24, "AMENDMENT ID CHAPTER III, PART IV OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD, MN", was read and reviewed by City Attorney Clayton LeFevere, the same being on file in the office of the city clerk (C-253)• M/Ludeman, S/Kirsch that this constitute a first readi of Bill 1984.-24• and that second reading o s or ance amen en be sche u_ed_for__an~ Motion carried 4-O. Item #23 NS TIO 0 D CA EL ISSUANCE OF INDUSTRIAL REVIIWE BONDS City Manager Cartwright reviewed the proposed revision of Policy Number Five of the Industrial Development Revenue Bond (IDB's) guidelines that were adopted by the City Council on November 29, 1983. Policy Five as adopted by the City Council is as follows: "In considering the issuance of Industrial Development Revenue Bonds, the city council will evaluate whether a proposed project provides additional employment opportunities; incentives for future development; and likely increases in the city's tax revenues." The proposed modification is as follows: Bill 1984.-23, Transitory Ordinance No. 17.17, "AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF MONEY FROM THE SPECIAL REVENUE FUND FOR CERTAIlV CAPITAL IMPROVE~NTS", was read and reviewed by Clayton LeFevere, City Attorney, the same being on file in the office of the city clerk (C-252). Council Meeting Minutes -12- December 10, 1984. ~J "In considering the issuance of IDR bonds, the city council will_ first consider the need and give highest priority for such finan- cing to help achieve the goals and objectives of an established redevelopment project. Other factors to be evaluated regardless of location include the number of additional employment opportunities to be provided, whether the project will be an incentive for future development; and, the impact on the city's tax revenues." The City Manager recommended adoption of this modification. M/Kirsch,S/Bunce to Motion carried 4-0. Five of the Item #24 L ON 0 PO 0 P ENERGY AWARENESS CON~+lISSION AND AN EXTENSION OF THE ENERGY AIDE POSITION City Manager Cartwright recommended the City Council consider appointments to the Energy Awareness Commission, authorize a resolution to secure the awarded $15,000 grant funds from the Department of Energy and Economic Devel- opment (DEED) and extend the part-time temporary position of Energy Aide - - - through- March, 1985. ._ M/Ludeman, S/Kirsch ~odv to serve on the ies, John Peterson and Motion carried 4-0. M/Ludeman, S/Kirsch that the fol resol RESOLUTION N0. 6975 RESOLUTION AUTHORIZING EXECUTION OF DEPARTMENT OF ENERGY AND ECONOMIC DEVELOPMENT COMMUNITY ENERGY COUNCIL GRANT APPOII OF ENERGY AWARENESS COMMISSIONS AND EXTENSION OF ENERGY PROGRAM AIDE POSITION Motion carried 4-0. This resolution appears as Resolution No. 6975 in Reso a ion k No. Item #25 COUNCIL CONSIDERATION OF DESI ATION OF AN ACTING CITY IN THE ABSENCE OF THE CITY CLERK Council Meeting Minutes -13- December 10, 1984 City Manager-Cartwright recommended the appointment of Steven Devich, as Acting City Clerk during the absence of the City Clerk. M/Ludeman, S/Bunce that the followin resolution be ado ted• that it ~ spread in the resolution o and t be ma e a part o ese minutes: RESOLUTION IVO. 6976 RESOLUTION DESIGNATING ACTING CITY CLERK Motion carried 4-0 This resolution appears as Resolution No. 6976 in Resolu on ook o. 52. Item #26 DI 0 - A 0 Council Member Bunce expressed concern over the expenditure of $350 .by the Public Safety Department to wash city owned vehicles at a Bloomington car wash. He also questioned the expenditure of $900 for rubbish removal charged by Browning Ferris. He urged contracts be made with local businesses. Council Member Ludeman spoke about the overflowing dumpsters at Nautilus and the overall appearance of the site. Item #27 M/Ludeman, S/Bunce that the following claims and payrolls be approved: RSCHFIELD BA11I{ & TRUST . Checks 5219/5221, 51790/52180, 73906/74192 FIRST WESTERN BALI{ Checks 18870/19180 General Checks 40109/40440 Payroll MINNESOTA FEDERAL Check 10060 SIR 1 M/Bunce, S/Kirsch ~ e meetin ad'ou ime: Date Approved: January 2, 1985 ~= $ 910,268.45 $1,313,636.25 236,673:21 $ 20,000.00 .10 ~ Sylvia K. ergh City Clerk ~ o G.