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02-11-1985- CITY OF RICHFIE~Lb, MINNESOTA REIGULAR COUNCIL MEETING FEBRUARY 11, 1985 MEMBERS PRESENT: John Hamilton, Mayor; Howard Bunce; Ivan Ludeman; Don Priebe; and, Michael Sandahl STAFF PRESENT: John Cartwright, City Manager; Clayton LeFevere, City Attorney; Steven Devich, Administrative Services Director; Don Fondrick, Community Services Director; and., Dennis Kraft, Community Development Director The meeting,. was called to order by Mayor Hamilton. APPROVAL OF MINUTES M/Bunce, S/Sandahl to approve the minutes of the Regular Council meeting of January 25 , 1985 . Motion carried 5-0. P h.,N AT10N Mayor Hamilton presented a plaque to City Attorney Clayton LeFevere in recognition that he is beginning his 35th year of service to the City of Richfield. Item #1 R 0 A A City Manager Cartwright presented an item to be added to the regular agenda which would amend the final development plan for the Market Plaza Development PUD agreement concerning the number of parking spaces for the Wood Lake Point Condominium. M/Ludeman, S/Sandahl to approve the agenda as amended. Motion carried 5-0. Item #2 ONS ~ NT ALAV~ M/Sandahl, S/Priebe to remove Item G "Council A roval of Parkin Regulations Recommended by enne~in County for the th treat-Penn Avenue Area", rom the onsent alendar and to place it on the agenda as Item 12B. A. MINUTES, TABULATION OF BIDS AND AWARD OF CONTRACT FOR PURCHASE OF TRACTOR LOADER Authorize purchase of an industrial type tractor loader at $34,216, less a $12,340 trade-in for the 1965 Moline tractor and a snowblower for a net purchase price of $21,876 from Carlson Tractor. PURCHASE IN EXCESS OF $5,000 Council Meeting Minutes -2- February 11, 1985 Lighting Standards Authorize purchase of twelve stainless steel octa tube lighting standards at a 25' mounting height and 24 °*~inless steel bases at a total purchase price of $9,000 from Millerbernd Manufacturing Co. - Brush Chipper Authorize purchase of brush chipper in the amount of $10,587, less a trade in of $2,700 for a net purchase price of $7,887, from LaHass. Norby Pcmd Dredging Authorize Turner Excavating Co. to do dredging work at Norby Pond at a rate of $4.27/cubic yard for an estimated total of 1,000 cubic yards. C. SETTING MARCH 11, 1985 ~ DATE OF HEARING FOR 1984 ALLEY PAVING ASSESSMENT HEARING RESOLUTION N0. 7004 RESOLUTION FOR HEARING ON PROPOSID ASSESSMENT FOR CITY PROJECT N0. 793 - 1984 ALLEY PAVING D. COUNCIL ACCEPTANCE OF HRA PQSITION STATEMENT ON THE ILN STUDY AREA E. C(xJNCIL ACCEPTANCE OF PLANNING COMMISSION POSITION STATEMENT ON THE ILN STUDY AREA F. APPOINTN~NT OF PAUL MEEHL TO THE SISTER CITY INTERNATIONAL COMMITTEE H. COUNCIL CONSIDERATION OF A RIIaUEST FOR AN ILLUMINATID SIGN PERMIT, 7645 NICOLLET AVE~WE I. AMUSEMENT DEVICE LICENSES Frenchman's Inc., 1400 E. 66th Street Lariet Lanes, 6320 Penn Avenue Shakey's Pizza, 500 E. 78th Street Chuck E. Cheese, 2900 W. 66th Street Tom Thumb, 7609 Lyndale Avenue Godfather Pizza, 2 West 66th Street Snyder Drug, 6520 Pillsbury Avenue Paradise Palace, 6708 Lyndale Avenue Fred Babcock VFW, 710 Lakeshore Drive 24 Karet Adult Recreation, 812 W. 77 1/2 Street Pilgrim Cleaners, 10 West 66th Street Broadway Pizza, 7514 Lyndale Avenue ChiChi's, ?717 Nicollet Avenue Dairy queen, 7533 Lyndale Avenue Embers, 6500 Penn Avenue Council Meeting Minutes -3- OFF-SALE BEER Tom Thumb, 7609 Lyndale Avenue Country Club Market, 6528 Penn Avenue Frenchman's, 1400 E. 66th Street Kenny's Market, 7138 Chicago Avenue Hauser's Family Foods, 6530 Pillsbury Avenue Food-1W~Fue1, 6300 Lyndale Avenue Kenny's Market, 1430 E. 66th Street Kenny's Market, 6708 Penn Avenue 7-11 Food Store, 6949 Nicollet Avenue Shortstop, 2034 Cedar Avenue Superamerica Station., 7720 Nicollet Avenue Superamerica Station, 826 W. 66th Street Superamerica Station, 7500 Lyndale Avenue Superamerica Station, 2913 West 66th Street Walgreen's Drugstore, 12 West 66th Street 1 WAGON PEDDLER Blue Bell Ice Cream, 3218 Snelling Avenue BOWLING ALLEYS Airport Bowl, 7711 14th Avenue PAYMENTS & ESTIMATES February 11, 1985 Estimate #2, Layne Minnesota Co., Pneumatic Consoles - CP 703-1570 - ~39,829 Ltem #3 COUN TL S D TION 0 A RDa T R A SPECIAL USE PE T FOR RESTAURANT ALSO SERVING WINE AND BEER AT 7724 MORGAN AVEN[JE City Manager Cartwright reviewed the request of Mr. Paul Knudson for a special use permit for a 28 seat deli restaurant and bar serving wine and beer at the proposed site of 7724 Morgan Avenue. Community Development Director Kraft presented the staff analysis of parking facilities and recommendation for approval of this special use perm~.t subject to the stipulations as listed in Council Letter No. 44. The applicant, Paul Knudson, 601 S. Ninth Street, Minneapolis, appeared in support of his request for a special use permit. M/Ludeman S/Priebe to close the hearing. Motion carried 5-0. M/Bunce, S/Ludeman to deny the request for a special use permit. Council Meeting Minutes Motion carried 4-1. -4- Nay - Priebe. February 11, 1g8~ Mayor Hamilton announced that the City Council would proceed to Agenda Item 7 at this time because of the many persons present who were interested in this issue. Item #7 COUNCIL- NS ERAT N 0 At INTERI Z NI ORD AN PROVIDING FOR THE PREPARATION OF A PLAN FOR THE INTERSTATE/LYNDALE/NICOLLET (ILN) OONIl~RCIAL STUDY AREA AND THE IMPOSITION OF A TEMPORARY BUILDING PERMIT MORATORIUM City Manager Cartwright presented an Interim Zoning Ordinance for City Council second reading consideration. This ordinance would provide for protection of the planning process in the ILN study area by imposing a temporary building permit moratorium within the area. The City Manager stated that the proposed ordinance has been amended since the first reading to provide for the processing of licenses, permits, rezonings, plattings and land division which meet certain criteria. Mr. John Chenevert, Manager of Lampert Building Center, 300 W. 78th Street, spoke in opposition to the proposed interim ordinance and requested that this establishment be removed from the study area. He presented a letter (C-265) substantiating his opinion. Gertrude Ulrich, 7601 Aldrich, spoke in favor of the proposed ILN study and the moratorium. M/Priebe, S/Bunce to close the hearing. Motion carried 5-0. M/San hl, S/Bunce to approve the revision of the proposed ordinance as presented. Motion carried 5-0. Bill 1985-1, Transitory Ordinance No. 17.18, "AN INTERIM ZONING ORDINANCE ADOPTED FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS IN A CERTAIN AREA OF THE CITY, REGULATING, RESTRICTING AND PROHIBITING CERTAIN USES, DEVELOPMENTS AND SUBD VISIONS 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-256)• M/Sandahl, S/Priebe that this constitute a second readin of Bill 1985-1 that it be published in the of icial newspaper and that it be made a part of Motion carried 5-0. 1 Council Meeting Minutes -5- February 11, 1985 Item #4 C L NS D 0 A RFSaUEST R A USE P TO XPAND CAR SERVICING BUILDING AT LINDAHL OLDS, 1800 WEST 78TH STREET City Manager Cartwright reviewed the request of McCarthy Enterprises for a special use permit and variance to expand the premises of Wa11y McCarthy Lindahl Oldsmobile at 1900 West 78th Street. The applicant proposes the addition of a garage onto the existing free standing structure located on the north end of the property. Mr. Cartwright described the staff review of the proposal and their recommendation that the variance be denied, but also recom- mending that if the variance is approved, that the special use permit be granted subject to compliance with building code requirements cited by the City Inspection Division. City Manager Cartwright recommended that both the variance and special use permit be approved since the spirit of the proposal was acceptable to the Planning Commission and City staff. M/Ludeman, S/Sandahl to close the hearing. Motion carried 5-0. M/Bunce, S/Ludeman to approve the variance and the issuance of a special use permit. Motion carried 5-O. Item #5 C L CONS D ION OF A R A EC USE PERMIT '1'0 ALLOW A DRIVE-UP WINDOW FACILITY FOR THE MACDONALD'S RESTAURANT AT TEiE RICHFIELD STATE AGENCY SITE (ITEM TO BE CONTINUID) City Manager Cartwright reportedthat the Planning Commission had tabled con- sideration of this item until a traffic study has been provided by the applicant. M/Ludeman, S/Priebe to continue the public hearing until March 11, 1985.`` ,~ Motion carried 5-0. Item #6 UNC L O O A R D F PR A 920-924 RAE DRIVE City Manager Cartwright reviewed the proposal element residential subdivision of the two family Street. This property was constructed by the HRA Hennepin County Technical Center. Mr. Cartwright mendation for approval of this subdivision subject in Council Letter No. 47• of the HRA for a common dwelling at 9~-924 West 66th in conjunction with the reviewed the staff recom- to the stipulations outlined Council Meeting Minutes -6- February 11, 1985 Council Member Ludeman questioned how beneficial the above project was to low income buyers, based on the financial arrangements. Staff was requested to prepare a brief financial report for the next HRA meeting. MJLudeman, S/Sandahl to approve this subdivision. Motion carried 5-0. Item #8 COUN I CONSIDERAT ON OF AN AMENDMENT Ta THE DE OF ORDINANCES THAT ESTABLISHES THE HUMAN RIGHTS COMMISSION BY ADDING A PROVISION THAT PROVIDES FOR THE NO FAULT GRIEVANCE PROCESS. SECOND READING. City Manager Cartwright reviewed an ordinance amendment for second reading consideration which would establish a "No Fault Grievance Procedure" for the Human Rights Commission. This amendment would bring the ordinance into compliance with the practice that is now authorized by Minnesota State Statutes. M/Ludeman, S/Bunce to close the hearing. Motion carried 5-0. Bill 1985-3, "AMENDMENT TO CHAPTER XII SECTION 12.23, SUBDIVTSTON 6 (A) TO THE ORDINANCE ESTABLISHING THE HUMAN RIGHTS COMMISSION", was read and reviewed by City Attorney Clayton LeFevere, the same being on file in the office of the City Clerk (C-266). M/Ludeman, S/Bunce that this constitute a second readin~of Bill 1985-3; that it be published in the official newspaper and that it be made a part of these minutes. Motion carried 5-0. Item #9 L CON ID T N AN ORDINAN ND D STANDBY. WATER CHARGE FOR SPRINKLERID BUILDINGS. SECOND READING. City Manager Cartwright presented an ordinance amendment for second reading, providing for the repeal of the annual fee charged for standby water service for automatic sprinkler systems. M/Bunce, S/Ludeman to close the hearing. Motion carried 5-0. Bill 1985-4, "AMENDMENT TO CHAPTER VIII, PART IV 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-262). Council Meeting Minutes -7- February 11, 1985 M/Priebe, S/Bunce that this constitute a second reading of Bill 1985-4;. that it be published in the official newspaper and that it be made a part of these minutes. Motion carried 5-O. Item #10 L CO S D T N A LI LUT ON ABL S NUMBER OF CONSECUTIVE TERMS AN ADVISORY BOARD OR COMMISSION MEMBER MAY SERVE TO TI-~2EE TERMS City Manager Cartwright said the proposal would limit the number of terms served on an advisory board or commission to three consecutive terms to encourage the involvement of as many citizens as possible. The Council discussed the scope of coverage of the proposed policy and noted that the HRA and Char-tar Commission were not included in the policy because neither organization is considered to be an advisory body. M/Ludeman, S/Priebe that the ad in the resolution book an~ a be adopted; that it be RESOLUTION NO. 7006 RESOLUTION ESTABLISHING THE NUMBER OF TERMS FnR MEMBERS OF ADVISORY BOARDS AND COMMISSIONS Motion carried 5-0. Item #11 CIL CO S DERATION A STAFF REPO RECOI'M~NDING AMEND TO COMMERCIAL AND INDUSTRIAL DRIVEWAY APRON STANDARDS City Manager Cartwright reviewed a proposed ordinance code amendment which would establish standards for greater driveway widths in commercial, multi- family and industrial areas. The City Council directed the City Manager to review the Hub and Market Plaza areas for drivewy apron widths and report back to the City Council at a future meeting. No action was taken. Item #12 OF FEDERAL GIIVERAL REVENUE SHARING FUNDS City Manager Cartwright reviewed the history of the City's utilization of General Revenue Sharing funds, as described in Council Letter No. 53. In view of President Reagan's recommendation to eliminate General Revenue Sharing by the end of 1885, he recommended the City Council authorize contacting our federal representatives urging the continuation of General Revenue Sharing. Council Meeting Minutes -8- M/Bunce, S/Priebe to authorize the Ma or and Ci Senators Durenberger an oschwitz and Representa assis-t-ance in Dassine legislation that would~reauth Motion carried 5-0. to contact Item 12A TO FIlVAL DEVELOPMENT PLAN AND PLANNID UNIT DEVELOPMENT PLAN-MA~tET PLAZA DEVELOPMENT r City Manager Cartwright reviewed the parking space amendment for the Woodlake Point Condominium project. The contractor is required to construct an additional stairway ir1 each level of the underground parking garage so that a fire protection standby pipe can be provided to meet City fire code. Instal- lation of the stairways and pipes will eliminate two parking stalls in the parking garage. Hennepin County has eliminated one exterior parking stall. Total parking spaces would be reduced from 141 to 138 spaces. The City Manager recommended Council approval of this amended final development plan. M/Ludeman, S/Bunce to .ested by the develope Motion carried 5-0. the amended final deve Item 12B 2 C RO AL P BY HENNEPIN COUNCY FOR THE 66TH Srl'REET-PENN AVENi3E AREA Council Member Bunce asked for staff report on possible solutions to the parking problems in the area of 66th Street, 67th Street and Penn Avenue. M/Ludeman, S/Sandahl that the followin resolution be ado ted• that it be ad in the resolution boo and that it be made a part o these minu__s: RESOLUTION N0. 7005 RESOLUTION ESTABLISHING PARKING REGULATIONS FOR 66TH S7:`REET BE7:WEEN NEWTON AVENUE AND XERXES AVENUE AND PENN AVENUE BETWEEN 65TH STREET AND 67'1~i STREET 1 Motion carried 5-0. This resolution appears as Resolution No. 7005 in Resolution Book No. 5 Item #13 CIL OI - NO ACTIO The City Council asked about the status of the proposed restaurant to be built in the Robert Hall building. The City Manager said he would prepare a status report as soon as he is able to contact the developer. February 11, 1985 as f, ~J, Council Meeting Minutes -g- February 11, 1885 Item #14 AND PAYRO M/Ludeman, S/Sandahl that the following claims and payrolls be approved: RICHFIELD BAIL{ & TRUST Checks 5376/5426, 74983/75168 $ 169,993.75 MINNESOTA FEDERAL Check 1011 15,000.00 FIRST WESTERN BAAK 2053/2076 General 2,836,801.49 41892/42251 Payroll 241,621.54 0 Motion carried 5-0. ~T-~ M/Ludeman, S/Bunce that the meeting adjourn. Motion carried 5-0.