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12-17-1984 Specialr CITY OF RICHFIELD, MINNESOTA SPECIAL CITY COUNCIL MEETING DECEMBER 17, 1984 MEMBERS PRESENT: John Hamilton, Mayor; Howard Bunce; Martin Kirsch; Ivan Ludeman; and, Donald Priebe. STAFF PRESENT: John Cartwright, City Manager; Clayton LeFevere, City Attorney; John Dean, Assistant City Attorney; Steve Devich, Acting Administrative Services Director/ ' Assistant City Manager; Don Fcndrick, Community Services Director; Dennis Kraft, Community Development Director; and, Sylvia Bergh, City Clerk. The meeting was called to order at 7:05 P.M. P S AZ' PRESENTATION TO COUNCIL MEMBER MARTIN KIRSCH Mayor Hamilton presented Council Member Appreciation in recognition of his service Mr. Kirsch for his dedicated service. to the staff, council members- and the coamunity at represent them on the city council. Martin Kirsch a Certificate of on the City Council. He commended community. Mr. Kirsch thanked the large for the opportunity to Item ~1 OUN APP OV O AG D M/Btmce, S/Priebe to approve the agenda as presented. Motion carried 5-0. ,~~ Item ~~2 PR TATION O A OLUTION TABLISHING AN INTERIM I G PER MORATORIUM AND AN ORDINANCE ESTABLISHING A 12 MONTH BUILDING PERMTT MORATORIUM IN THE INTERSTATE LYNDALE COMMERCIAL STUDY AREA City Manager Cartwright introduced the proposed ordinance to initiate a building permit :moratorium in the area of Interstate Lyndale Commercial Study Area (ILCSA). He said this was being proposed because of the need for a development plan on the ILCSA study area. Mr. Cartwright recommended the City Council also adopt a resolution. directing the staff not .to issue building permits for improvements which are requested during the period that the interim ordinance is under consideration. The proposed ordinance prohibiting development would become effective sometime in February, 1985. The City Manager encouraged that input from Richfield residents and members of the business community in the area be sought by city officials during the entire study process.. Community Development Director Dennis Kraft reviewed the project boundaries for the audience indicating this is a study area and not necessarily the boundaries for a redevelopment project area. -2- Attorney Clayton LeFevere explained the purpose of the resolution and ordinances and how this action protects the planning process. He cited the State Planning Act, MS 462.395, sub. 16, which empowers municipal- ities to enact interim ordinances to restrict the issuance of permits for development and redevelopment. Mayor Hamilton left the meeting at 7:45 P.M. to film his weekly television program. Mr: Tom Price, a member of the Richfield Chamber of Commerce, spoke ~n the activities of the business committee concerned about the ILCSA. M/Preibe, S/Bunce that the ad in the resolution'~boo?~ resolution be ado ted; that it be be made a r~art o these minutes: RESOLUTION N0. 6977 A RE50LUTION RELATING TO THE ISSUANCE OF PERMITS IN THE INTERSTATE LYNDALE AREA Motion carried 3-1. Nay - Ludeman. Bill. 1985-1, Transitory Ordinance No. 17.1$, "AN INTERIM ZONING ORDINANCE _ ~ ADOPTED FOR THE PURPOSE OF PROTECTING ZHE PLANNING PROCESS IN A CERTAIN AREA OF THE CITY, RELATING, RESTRICTING AND PROHIBITING CERTAIN USES, DEVELOPMENTS - AND SUBDIVISIONS WITHIN-SUCH- AREA",- was--read and reviewed-by City_..Attorney______ Clayton-LeFevere, the same being on file in the office of the city clerk. (C-25b) M/Priebe, S/Bunce that this constitute a first reading of Bill 1985-1 that second reading of t is or nonce amen ent be sch ul or ebruar 19 5. BILL 1985-1, FIRST READING AN INTERIM ZONING ORDL~IANCE ADOPTED FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS IN A CERTAIN AREA OF THE CIT'I, RELATING, RESTRICTING AND PROHIBITING CERTAIN USES, DEVELOPMENTS, AND SUBDIVIS70NS WITHIN SUCH AREA Motion carried 3-1. Nay - Ludeman. Item #3 0 N M/Bunce, S/Priebe that the following items be approved: A. COUNC7.L CONSIDERATION OF REALLOCATION OF YEAR IX COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. COUNCIL LETTER 454; ' B. COUNCIL CONSIDERATION OF A REQUEST FOR WAIVER OF SUBDIVISION REQUIREMENTS FOR PROPERTY TO BE CONVEYED TO THE LAKE SHORE DRNE CONDOMINIUM ASSOCIATION; COUNCIL LETTER 455; ._~ -3- RESOLUTION N0. 69$0 RESOLUTION WAIVING SUBDIVISION ORDINANCE REQUIREMENTS C. COUNCIL CONSIDERATION OF A RESOLUTION TO AMEND THE 1984 BUDGET BY INTERDEPARTMENTAL TRANSFER OF FUNDS; COUNCIL LETTER 456.. RESOLUTION N0. 69'78 RESOLUTION AUTHORIZING REVISIONS OF 1984 BUDGETS OF VARIOUS DEPARTMENTS D. ESTIMATE ~k14, WATER PRODUCTS CO., WATER METERS DELIVERED CONTRACT 703-1569 - $21,000 Motion carried 4-0 _ - - - - - ...~, Item ~4• 0 NS T IV 0 A R Q(J T OR A SP CIAL USE PERMIT TO CONDUC A CAR SALES BUSINESS AT 91'8 WEST 77 1/2 STREET (FELDMAN MERCEDES BENZ DEALERSHIP) ~.__ _ _ City Manager Cartwright reviewed the request of Terry Feldman for a special use permit to. expand a Mercedes Benz dealership at 918 'dent 77 1I2 Street. Community Development Director Kraft outlined the proposal to utilize an existing coum~ercial building and outdoor property He said this use was viewed as an enhancement of the property. Mr. Terry Feldman, the applicant, appeared in behalf of his request and responded to council questions. M/Bunce, S/Kirsch to close the hearing. Motion carried 4-0. M/Bunce, S/Kirsch to ao rove issuance of this s ecial use er~nit, subject to the sti elation that ten ron paritin eta is be reserv or employee and customer pariting, an tat tea plicant enter into a of ha ess agreement with the city or a lowing use o the boulevar area of Colfax Avenue or the new vehicles. Motion carried 4-0. Item ~5 COUNCIL CONSIDERATION OF A REQUEST FOR A SPECIAL USE PERMI TO CONDUCT A CAR SALES BUSINESS AT 400 1a1EST 78TH STREET (BLOOMINGTON ~~~; HONDA DEALERSHIP) -~- City Manager Cartwright reviewed the request of J. H. Motor, Inc. {dba Bloomington Honda) for a special use permit to operate a automobile sales r agency at X00 West 78th Street, a site presently occupied by Astieford Equip- ment Company. - Commun+ity Development Director Kraft provided an overview of this proposal as outlined in Council Letter No. ~5$. Assistant City Attorney John Dean said the proposed improvements of the applicant would amount to between $$00,000 and $1 million and that this parcel occupies a key position in the proposed Interstate-Lyndale Commerical. Study Area.- Attorney Noel P. Mueller, representing J. H. Motor, Inc., stated this pra~ect hes suddenly moved from a popular status to an unpopular one with the city staff. He said land and improvements will cost in excess of $2 million and. that his client wishes to proceed with the project which will enhance the ILCSA development area. The arhitect for the applicant displayed the area. The architect for the applicant showed the proposed site plan. Businessmen From-the area appearing and supporting this pra~ect were: John Chenereck, manager of Lampert Building Center; Don Unteed, Aluminum Co. 501 West 77th Street; Richard LeVetre, owner of property N.W. of Astleford's; and, Thomas Price, 775 Lyndale Avenue. Also speaking in favor were-.Herbert Nelson, 7620 Grand,-Helen Hanson; 7632 Harriet, and Bob Werner, 765 Harriet. --~ ------ - --- MlBunce,-S~Priehe_ta_ciose_.the .bearing. _ ___ - .. :;.i; Motion carried~~-0. Mayor Hamilton returned at 9:23 P.M. at the time voting was to commence on the request for a special use permit. M/Bunce, S/Priebe to withdraw their motion and second to close the ublic hearing. Mayor ami.l.ton eclared that the public hearing was reopen City Manager Cartwright and Attorney Muller summarized far the Mayor their earlier presentations on this matter. Mr. Sperry, who Lives in the area, spoke in favor of small business develop- ment in the area. Frank Kreiser, realtor for Astleford's, said 'nighrise development would be a disservice to the neighbors. Mari Kaiser, 7b08 Bryant, also spoke in support~of the Honda project for this site. M/Priebe, S/Kirsch to close the hearing Motion carried 5-0. MJBunce, S/Ludeman tv grant this special use permit. ...- _`.• Motion carried 3-2. Nays - Priebe, ;kirsch. -5- Item ~6 ONS IO 0 EQUES R ARIAN E TO E ST E T SIDEYARD SETBACK FROM 30 FEET TO 13 FEET TO CONSTRUCT DETACHED GARAGE, 7b14 VINCENT AVENUE Community Development Director Kraft reviewed request of James A. Villeneuve of Tb1~ Vincent Avenue for a variance to construct a detached garage. He stated the staff and Planning Commission had both recommended denial of this variance request as the three conditions required for granting a variance have not been met.. Mr. Villeneuve, the applicant, appeared in support of his request. He presented a petition (C-257 signed by his immediate neighbors, expressing support for this request. M/Ludeman, S/Kirsch to close-the hearing. . Motion carried 5-0. M/Ludeman, S/Priebe to approve this application for variance. Motion carried 5-0. Item ~7~ P OPOSAI. T I I UNDE T AND AN E A PROJECT UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT FOR THE MARKET PLAZA PROJECT ~~., City Manager Cartwright explained the purpose of this public hearing. M/Kirsch, SlPriebe to close the hearing. Motion carried. 5-0.. M/Kirsch, S/Ludeman that the official address for the Market Plaza project is the northwest corner of the intersection of o th feet and LYn a e Avenue, Ric e~d~i'innesota. Item ~8 ID LUT N AU ORIZ N THE I SU E AND ALE OF $5,500:000 COMMERCIAL DEVELOPMENT REVENUE BONDS (MARKET PLAZA LIMITED PARTNERSHIP) City Manager Cartwright- said that a single bond will be sold to First Federal Savings and Loan Association which will be held by them until a rating and other security arrangements can be put in place for the bonds. He said this process was known as "parking the bonds". M/Bunce, S/Ludeman that the following resolution be adooted• that it be spread in the resolution book an tat it be made a part os these minutes: . ~_ RESOLUTION NO. fi979 RESOLUTION AUTHORIZING THE SALE AND ISSUANCE OF.. ~5,Sfl0,OOO COMMERCIAL DEVELOPMENT REVENUE BONDS MARKET PLAZA COMMERCIAL JOINT VENTURE, A MINNESOTA GENERAL PARTNERSHIP SERIES 198u . UNDER THE MtJ°NICIPAL INDUSTRIAL DEVELOPMENT ACT TO FINANCE A PROJECT THEREUNDER Motion carried.. S-O. This. resolution appears as Resolution N. b979 in Reso ut an Boom No. 52. Item. ~ D M/Bunce, S/Ludeman that the fallowing claims and payrolls be approved: ,~ ., RICHFIELD BANK & TRUST - Checks 5222/7~t285 ~ X419 ,1-20.56 FIRST WESTERN BANK Checks 1919/ 19u5 $2,91 ,299 •~3 Motion Carried 5-0. ADJOURNMENT M/Kirsch, S/Ludeman that-the meeting ad~aurn. Time 10:10 P.M. Motion carried~5-0. Date Approved : /o'~ -v~-?~,~ i -._.~ 1