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05-13-1985CITY OF RICHFIELD, MINNESOTA REGULAR COUNCIL MEETING" MAY 13, 1985 MEMBERS PRESENT: Michael Sandahl, Mayor Pro Tempore Howard Bunce; Ivan Ludeman; and, Donald Priebe STAFF PRESENT: John Cartwright, City Manager; John Dean, Assistant City Attorney; Thomas P. Ferber, City Clerk; Steven Devich, Administrative Services Director/Assistant City . Manager; Donald Fondrick, Community Services Director; and, Dennis Kraft, Community Development Director The meeting was called to or-der by Mayor Pro Tempore Sandahl at7:00 p.m. PLEDGE OF ALLEGIANCE Girl Scout Troop No. 352 presented the colors and led the city council and audience in the pledge of allegiance. APPROVAL OF MINUTES M/Ludeman, S/Priebe to a rove the minutes of the Joint Cit Council/School Board Meetin A r 1 15 1985' oint Council A Plannin Commission Meetin A ril 15 1985• S ecia Ci y Council Stu y Session; and, Regular ity Council Meeting., April 29, 1985. Motion carried 4-0. Item #1 PREV EW JUNE, 198 , OM U I Y HEAT E PR SENTATION "BAREFOOT IN THE PARK" BY CAST MEMBERS. C.L. 196 The lead players in the Richfield Community Theatre organization performed a scene from their upcoming production of "Barefoot in the Park". The presentation was concluded with an invitation to the community to attend one of the six performances to be given in June. Item #2 OPPO T NI OR CIT ZENS TO A DRESS THE I Y COUNCIL Council Meeting~Minutes -2- May 13, 1985 Tom Leuma, 7645 11th Avenue South, requested that the city council consider lower rates for the Richfield Swim Club's use of the Richfield Outdoor Pool. Item #3 COUNCIL APPROVAL OF AGENDA Mayor Pro Tempore Sandahl requested that the Richfield Swim Club's request be added to the agenda as Item 26A. M/Bunce, S/Ludeman that the agenda be approved as amended. M©tion carried 4-0. Item #4 CO .ENT CALENDAR A. COUNCIL CONSIDERATION OF PLANS AND SPECS FOR 1985 ALLEY PAVING PROJECT. C.L. 165 RESOLUTION N0. 7025 RESOLUTION APPROV NG PLANS AND SP CIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR C.P. 812 - ALLEY PAVING B. COUNCIL CONSIDERATION OF A REQUEST FOR A TEMPORARY TRAILER SIGN AT COST CUTTERS, 66TH AND PENN. C.L. 166 C. COUNCIL CONSIDERATION OF PURCHASES IN EXCESS OF $5,000. C.L. 167 D. COUNCIL CONSIDERATION OF AN AGREEMENT WITH THE CITY OF MINNEAPOLIS FOR PARTICIPATION TN THE URBAN CORD INTERN PROGRAM. C.L. 168 E. COUNCIL APPROVAL OF MINUTES, TABULATION OF BIDS AND AWARD OF CONTRACT FOR PAINTING OF LOGAN AVENUE WATER TOWER. C.L. 169 F. COUNCIL CONSIDERATION OF A REQUEST FOR AN ILLUMINATED SIGN AT COMMUNITY CREDIT, 6523 NTCOLLET AVENUE. C.L.170 G. COUNCIL CONSIDERATION OF A REQUEST FOR FOUR SIGNS AT SHAKEY'S PIZZA. C.L. 171 H. COUNCIL CONSIDERATION OF A RESOLUTION RELATING TO SUBDIVISION STIPULATIONS, 6512-14 OLIVER AVENUE. C.L. 172 1 Council Meeting Minutes -3- May 13, 1985 RESOLUTION N0. 7026 - RESOLU ION 0 THE C TY COUNCIL OF THE CITY OF RICHFIELD APPROVING THE SUBDIVISION OF THE PROPERTY LOCATED AT 6512-14 OLIVER AVENUE SOUTH M/Bunce, S/Ludeman that the consent agenda be approved. Motion carried 4-0. 1 Item #5 COUN IL CONSIDERATION OF A REQUES BY WALSER BUICK, 7745 PENN AVENUE FOR A VARIANCE AND SPECIAL USE PERMIT (REQUEST WITHDRAWN).. C.L. 174 City Manager Cartwright informed the council that Walser Buick had withdrawn their request for a variance and special use permit for 7745 Penn Avenue South. Item #6 C U C L CON DE ATION F A PLANNED U IT DEVELOPMENT PLAN, FIRST WESTERN BANK (TO BE CONTINUED TO JUNE 10 1985)• C.L.~175 City Manager Cartwright informed the council that First Western Bank had requested the hearing for the Planned Unit Development Plan Amendment be continued to the June 10, 1985 council meeting. ~M/Ludeman, S/Priebe to continue council consideration of a Planned Unit Development Plan for First estern Bank at 500 Nicollet Avenue South to the June 10, 1985 council meeting. Motion carried 4-0. I~ Item #7 COUNCIL C NSIDERATION OF A REQUEST FO A SPECIAL USE PERMIT AT 1916 EAST 66TH STREET TO ALLOW AN AUTOMOBILE FRAME REPAIR OPERATION. C.L. 176 Community Development Director Kraft reviewed Council Letter No.176 regarding a request for a special use permit at 1916 East 66th Street to allow an automobile frame repair operation.Mr. Kraft answered questions about the proposed operation and clarified the stipulation in C.L. No. 176 regarding offstreet parking and storage of vehicles. Council Meeting Minutes -4- May 13, 1985 Michael Demars, 1525 East Franklin Avenue, responded to questions from the council regarding the operation of the proposed business. M/Bunce, S/Ludeman to close the public hearing. Motion carried 4-0. M/Bunce, S/Ludeman to a rove a s ecial use ermit for an automobile frame repair shop at 191 East th Street sub'ect to the followin sti ulations: 1 The 24 x 36 foot addition on the rear of the structure be removed to make room for adequate parking on the site. A parking la out of the site must be submitted and is subject to Planning D v sign approval; 2) e~13 codes The cur naffed: t on 20th Avenue closest to building must. be improved to meet bu and fire 4) There shall be no junk cars parked overnight on the site. Any outside storage of cars scheduled for repair shall be screened from publ s view and these vehicles shall not be parked on_the site for more than 25 consecutive calendar days. Motion carried 4-0. ITEM #$ C UNCI CONSIDERA ION OF A EQUEST FOR VA IANCE TO SIDEYARD SETBACK TO PERMIT CONSTRUCTION OF AN ATTACHED GARAGE, 6326 FIFTH AVENUE. C.L. 177 Community Development Director Kraft reviewed Council Letter No. 177 regarding a request for a variance to the sideyard setback requirements to allow construction of an attached garage at 6326 Fifth Avenue South. Mr. Kraft stated that it was the recommendation of both the staff and the Planning Commission to deny the variance request. Dennis and Deborah Rice, 6326 Fifth Avenue South, spoke in support of the variance request and presented drawings and pictures of the proposal for council review. There was city council discussion of the setback requirements and the location of the adjacent house. th Street must Council Meeting Minutes -5- May 13, 1985 The following persons spoke in favor of the variance request: u Kyle Patrick, 6327 Fifth Avenue South; Tom Lovett; 6320 Fifth Avenue South; and, John Sells, 6339 Second Avenue South. M/Ludeman, S/Priebe to close the public hearing. Motion carried 4-0. 1 M/Ludeman, S/Bunce to a rove a variance to the side and setback to permit construction of an attached garage, 32 Fifth Avenue South based u on the facts that the nei hborin house is loca ed 15 feet from the side yard line and the neigh or's garage is located on the opposite side of the property from the sideyard line in question. Motion carried 4-0. Item #9 P LI HEARI G AN SECON READI G OF AN RD N CE PERMITTING THE DISPOSITION OF CITY OWNED. PROPERTY AT 6636 CEDAR AVENUE AND 1825 EAST 66TH STREET C.L. 179 City Manager Cartwright reported that negotiations to regarding a new location for the Cedar Liquor Store have not been completed and recommended that the public hearing and second reading of the ordinance be continued to the June 10, 1985 council meeting. M/Ludeman, S/Priebe to continue the public hearing and second readin. of an ordinance ermittin the dis osition of cit owned ro ert at 3 Cedar Avenue South and 1825 East th treet to the June 10, 1985 city council meeting. Motion carried 4-0. Item #10 PU LLC H A ING RELA ING TO AN ORDINAN E AMENDM N WHICH WOULD INCREASE COUNCIL SALARIES. SECOND READING. C.L. 180 Council Members felt the public hearing should be continued to the June 10, 1985 council meeting when Mayor Hamilton will be present. M/Ludeman, S/Bunce to continue the public hearing and second readin for an ordinance amendment which would increase Ma or and city counci salaries to the June 10, 1985 city council meeting. Council Meeting Minutes -6- May 13, 1985 Motion carried 4-0. Item #11 PUBLIC HEARING REGARDING AN ORDINANCE AMENDMENT WHICH WOULD PERMIT LICENSING OF PARKS TO CERTAIN CIVIC AND NON-PROFIT ORGANIZATIONS. SECOND READING. C.L. 181 City Manager Cartwright reviewed Council Letter No. 18i regarding the licensing of city parks to non-profit organizations for certain recreational and civic activities such as the use of city parks by the Fourth of July Committee. Council Member Bunce stated that the intent of this ordinance was to support Richfield community organizations. M/Ludeman, S/Priebe to close the public hearing.. Motion carried 4-0. M/Bunce, S/Priebe that this consti Biil 1985-10, that it be published in that it be made part of these minutes. Motion carried 4-0. Item #12 PUBLIC HEARING OF AN ORDINANCE AM NDMENT REGARDING THE PROCEDURE FOR DISEASED TREE REMOVAL AND BRINGING THE MUNICIPAL ORDINANCE CODE INTO CONFORMANCE WITH STATE REGULATIONS. SECOND READING. C.L.. 182 City Manager Cartwright reviewed Council Letter No. 182 concerning notification and. time limits for diseased tree removal and amending the Municipal Ordinance Code to conform with State statues. M/Ludeman, S/Priebe to close the public hearing. Motion carried 4-0. M/Ludeman, S/Priebe Bill 1985-11, that it be that it be made Hart of Motion carried 3-0. t this constitute a second readin of ished n the officia newspaper and se minutes. (Council Member Bunce absent) to a second reading of e_official_riews~aper and Council Meeting Minutes -7- May_13, 1985 Item #13 COUNCIL C NSTDERAT ON OF A REQUES FOR AN APPEAL TO THE SAUNA LICENSE RENEWAL SHANGRI-LA SAUNA. C.L. 1.83 Assistant City Attorney Dean recommended continuing the appeal hearing to the June 10, 1985, council meeting. He reported that the attorney for the Shangri-La Sauna had been absent from the state for several weeks and may not have been aware of the notice sent to him regarding the scheduled hearing. Notice of the June 10, 1985, hearing date will be sent to both the owner of the sauna and their attorney. M/Ludeman, S/Bunce to continue the hearing for an appeal of the denial of the sauna license renewal for the Shangri-La Sauna to the June 10, 19.85, council meeting. Motion carried 4-O. Item #14 COUNCIL CONSIDERATION FOR A REQUEST FOR A SPECIAL USE PERMIT TO CONVERT GASOLINE SERVICE STATION TO A SERVICE STATION~STORE AND A REQUEST FOR A VARIANCE TO PERMIT CONSTRUCTION OF DETACHED CANOPIES OVER GAS PUMPS AT THE AMOCO SERVICE STATION, 6545 PORTLAND AVENUE. C.L. 178 City Manager Cartwright reviewed Council Letter No. 178 regarding a request by the Amoco Oil Company for a special use permit to convert a gasoline service station to a service station store and for a variance to permit construction of detached canopies over gas pumps at the Amoco Service Station at 6545 Portland Avenue South. Bill Horn, Project Engineer for Amoco, explained the proposed service station store operation. M/Bunce, S/Ludeman to close the public hearing. Motion carried 4-0. M/Ludeman, S/Priebe to a rove a s ecial use ermit to convert gasoline service s ation to a service station store and a variance to permit construction of detached cano ies over as DumAS at the Amoco Service eta ion, 545 Portland venue outh. Motion carried 4-0. Item #15 CO NCIL CONSIDERATION OF AN ORDT ANCE AM NDMENT HICH WOULD PERMIT THE CONSTRUCTION OF DETACHED CANOPIES AT, GASOLINE SERVICE STATIONS. FIRST READING. C.L. 184 Council Meeting Minutes -8- May 13, 1985 City Manager Cartwright reviewed Council Letter No. 184 recommending an ordinance amendment to permit the construction of detached canopies at gasoline service stations. M/Bunce, S/Ludeman that this constitute a First Readin of this ordinance amendment and hat a econd eadin of e ordinance amendment be scheduled or June 10, 19 5. Motion carried 4-0. Item #16 UNCIL CONS DERATTON OF AN ORDINANCE AMENDMENT REGARDING THE INSTALLATION OF AIR CONDITIONING UNITS ON MULTIPLE DWELLING UNITS. FIRST READING. C.L. 185 Community Development Director Kraft reviewed an ordinance amendment concerning the installation of air conditioning units on multiple dwelling units. Mr. Kraft stated that the Planning Commission felt that any new development which would be over three stories in height would also have over 17 dwelling units and would have to be developed as a PUD. Therefore, the Planning Commission and city council would have the latitude to regulate air conditioner placement as a part of the review and approval process. Additionally, the Lake Shore Drive condominium according. to LSD management has experienced problems because the central air conditioning system can not meet the heating and air conditioning needs of individual condominium owners. Mayor Pro Tempore Sandahl and Council Member Ludeman questioned Assistant City Attorney Dean on the PUD process and how to address the aesthetic and architectural concerns of individual air conditioning units installed on the exterior walls of high rise buildings. Council Member Ludeman stated that he would accept the Planning Commission recommendation to not require the ordinance amendment and urged that the council be aware of this issue when reviewing development proposals. Council Member Priebe spoke in opposition to the proposed ordinance amendment. M/Priebe, S/Ludeman to den First Readin of an ordi amendment concerning air cond tioner units in multi-fami structures over three stories in height. ° Motion carried 4-~. 1 1 Council Meeting Minutes -9- May_13, 1985 Item #17 OUNCI CONSID ATION OF A RESOLUTION T REPEAT THE . PROPERTIES IN THE VICINITY OF 66TH AND RAE DRIVE. C.L. 186 Community Development Director Kraft reviewed Council Letter No. 186 regarding the replatting of properties in the vicinity of 66th Street and Rae Drive. Mr. Kraft stated that a resolution was necessary to approve the replat, not an ordinance as was indicated in the agenda. Assistant City Attorney Dean reviewed the status of lots 1, 2, and 3 and outlots A and B. Mr. Dean indicated no building could be constructed on outlots A and B as a result of this replat; these lots would require further action by the council to replat for building. M/Priebe, S/Ludeman that the following resolution be adopted: that it be spread in the resolution book and that it be mane part of tnese minutes: RESOLUTION N0. 7027 RESOLUTION TO APPROVE THE PLATTING OF THE PROPERTIES AT~g10,920,924,1016 WEST 66TH STREET AND 901,903 RAE DRIVE Motion carried 4-0. This resolution appears as Resolution No. 7027 in Resolution Book,No. 52. Item #18 COUNCIL CONSIDERATI N OF N ORD NANCE AMENDMENT REGARDING LICENSING OF DOMESTIC ANIMALS. FIRST READING C.L. 187 City Manager Cartwright reviewed an ordinance amendment concerning vaccination requirements for the licensing of domestic animals. M/Ludeman, S/Priebe that this constitute a First Reading of this ordinance amendment, and that a Second Reading of the ordinance amendment be scheduled for June 10, 1985. Motion carried 4-0. Item #19 COUNCIL CONSIDERATION 0 AN OR INANCE AMENDMENT REGARDING RETURNED PROPERTY. FIRST READING. C.L. 188 Council Meeting Minutes -10- May 13, 1985 City Manager Cartwright reviewed an ordinance amendment to provide for the return of Lost property coming into possession of the city. M/Priebe, S/Ludeman that this constitute a First Readin of this ordinance amendment an that a econd ead n of the or inance amendment be_scheduled for June 10, 1985. Motion carried 4-O Item #20 COUNCIL CONSIDERATION OF A REQUEST BY PAUL KNUDSON FOR A REFUND OF SPECIAL USE PERMIT FEES. C.L. 189 City Manager Cartwright reviewed the costs incurred by the city in processing Mr. Knudson's two special use permit requests and recommended against Mr. Knudson's request for a fee refund. Paul Knudson, Minneapolis, requested a refund of the special use permit fees; or to have those fees apply to his building permit and food license fees for his carry out food establishment. Council Member Bunce stated he would support refunding half of the fees paid. M/Priebe to refund the amount of $546.00 to Mr. Knudson. Mayor Pro Tempore Sandahl suggested the motion be amended to refund $497.00 to allow coverage of city out of pocket expenses. M/Priebe to refund $497.00 to Mr. Knudson. Motion failed for lack of a Second. Council Member Ludeman stated his opposition to a refund because of the precendent it may set and said that he would not support a reduction of more than one half of the fees. Mayor Pro Tempore Sandahl concurred with Council Member Ludeman~s position. M/Bunce, S/Priebe to refund $273.00 to Mr. Paul Knudson. Motion carried 4-0. 1 Council Meeting Minutes -11- May 13, 1985 1 Item #21 COU TL C NSID RATION 0 A REQU ST FOR AMENDMEN TO THE PUD AT NAUTILUS SWIM AND FITNESS CENTER TO CONSTRUCT AN ADDITION TO THE BUILDING. C.L. 190 Community Development Director Kraft reviewed Council Letter No. 190 regarding a request from the Nautilus Swim and Fitness Center for an amendment to the PUD to construct an addition to the building. David Akradi, representing the Nautilus Swim and Fitness Center, responded to questions from the council concerning the design of the addition, material to be used, and concealment of the trash area. M/Ludeman, S/Bunce to approve the amendment to the Planned Unit Development Plan of the Nautilus Swim and Fitness Club to construct an addition to the buildin sub'ect to the followin s i ula ions: 1 T at em to ers strop 1 encoura a their em to ees to park in the underutilized area north and east of the arshall Store in the Hub Shopping Center; 2) That the east curb cut from 65th Street be widened to 32 feet and t e radius on the west s de of he curb cut be increased to 15 feet; and, 3) That handicapped stalls in the parking lot be at least ' 12 feet.wide. Motion carried 4-0. Item #22 COUNCIL CONSIDERATION OF A RECOMMENDATION TO AU HORI E PAYMENT OF 911 CHARGES. C.L. 191 City Manager Cartwright reviewed the agreement negotiated with Hennepin County regarding 911 charges and recommended that the city council authorize payment of the charges as agreed upon. M/Bunce, S/Ludeman to approve the agreement with Henne County and authorize payment of the 911 charges. Motion carried 4-0. 1 Item #23 COUN IL CONSIDERATION OF A REQUE T TO AUTHORIZE NEGOTIA- TIONS FOR THE PURCHASE OF 6315 PORTLAND AVENUE FOR PARK PURPOSES. C.L. 192 Council Meeting Minutes -12- May 13, 1985 City Manager Cartwright reviewed Council Letter No. 192 recommending that the council authorize city staff to negotiate for the purchase of 6315 Portland Avenue South for park purposes. Council_Member Ludeman stated that he felt the market price was too high and questioned how the price is derived. Community Services Director Fondrick explained the process used to negotiate a purchase price for a property. M/Bunce, S/Ludeman t~ authorize negotiations for the purchase, of 6315•Portiand Avenue for park purposes. Motion carried 4-0. Item #24 OUNCIL CONSIDERATION OF R TIFICATION OF ADDENDUM TO MASTER LABOR CONTRACT, LOCAL 49 FOR THE PERIOD 1985- 1986. C.L. 193 City Manager Cartwright recommended that this item be continued to the June 10, 1985, council meeting because a recent Supreme Court ruling concerning the Fair Labor Standards Act necessitates a revision of the compensatory time provision. M/Ludeman, S/Priebe to continue consideration of radification of the addemdum to the aster Labor ontract Local 49 for the period 1985-198 to the June 10, 1985, council meeting. Motion carried 4-0. Item #25 C U CTL O T E A I N O CAN ELL NG M Y 27, 1985, ITY COUNCIL MEETING, SCHEDULING MEETING WTTH THE ADVISORY BOARD OF HEALTH FOR JUNE 10, 1985, AND SCHEDULING SPECIAL COUNCIL STUDY SESSION ON LEGION LAKE PLANNING PROCESS FOR JUNE 4, 1985. C.L. 194 City Manager Cartwright reviewed Council Letter No. 194 recommending that the city council cancel the May 27, 1985,council meeting: confirm the point meeting of the city council and the Advisory Board of Health for June 10, 1985, at 6:00 p.m.; and, schedule a city council study session on the Legion Lake Planning Process for 7:00 p.m., June 4, 1985. M/Ludeman, S/Bunce to approve cancelling the May 27, 1985, cit council meetin , scheduling meeting with the Advisory Board of ealth for June 10, ~g85, and scheduling special council study session on Legion Lake Planning Process for June 4. 1985. u Council Meeting Minutes -13- May 13, 1985 Motion carried 4-0. Item #26 COUNCIL CONSIDERATION OF A CONTRACT WITH ARCHITECTURAL ALLIANCE FOR REMODELING OF THE CITY HALL LICENSING DIVISION. C.L. 195 City Manager Cartwright reviewed Council Letter No. 195 recommending authorization for the City Manager to execute a contract with Architectural Alliance for an amount not to exceed $7,900, plus normal reimbursables for consulting services for the City Hall Licensing Remoldeling Project. N!/Ludeman, S/Priebe to authorize the Cit Mana er to execute a contract with Architec ural A liance or consulting services. Motion carried 4-0. Item 26A ICHF ELD S IM CLUB REQUES FOR RED CED OUTDOOR POO RATES. Community Services Director Fondrick outlined the procedures used by staff and the Community Services Commission to set equitable rate structures for recreation facilities. 1 Council Member Bunce stated his support for lower rates for the Richfield Swim Club. ' Council Member Ludeman stressed the importance of making the various groups aware of the rates at the time the budget is adopted. Ludeman suggested a 1985 rate of $17.00 per hour with no guaratee for future rates. Mayor Pro Tempore Sandahl stated his concern that the Community Services Commission not be circumvented by action taken at this meeting. Sue Leuma, 7645 11th Avenue South, outlined the Swim Club's needs and proposal for lower rates and choice of pool time. Mayor Pro Tempore Sandahl suggested that the Swim Club Board of Directors and the Community Services Commission meet to resolve these issues. Al Payne, Pool Manager, reviewed the history of the fee structure. Council Meeting Minutes -14- May 13, 1985 Pat McNeny, 2101 West 77th Street, spoke in opposition to charging fees for use of the pool. Sandy Tschida, Past President of the Richfield Swim Club, stated that the Community Services~Commission was not responsive the clubs' needs. M/Ludeman, S/Priebe to set the 1985 rate for the Richfield Swim Club at $18.00 per hour to guarantee that the rate increase will not exceed 5% in 1^~?6 and 5% in 1987, and that the Richfield Swim Club will have first choice of pool time among clubs using the pool. M/Bunce to amend the 1985 rate to be $17.00 per hour. Motion failed for lack of a second. Motion carried 3-1. (Bunce opposed) Council Member Bunce stated he voted against the motion because he felt the fee was still too high. Item #27 COUNCIL D SCUSSION ITEMS - NO ACTION Council Member Bunce informed the council that a neighborhood meeting had been held with the residents living in the area bounded by 76th street, 77th Street, Morgan and Penn concerning parking problems. The proposed solution requires an ordinance that would provide for residenial parking permits to be utilized in conjunction with no parking regulations. The city council consensus was in favor of the proposal and staff was directed to prepare an ordinance for the June 10, 1985, city council agenda. Item #28 CLAIMS AND PAYROLL M/Bunce, S/Priebe that the following claims and payroll be approved• RICHFIELD BANK AND TRUST Checks 5707/5798, 7630/7643 $ 936,726.53 FIRST WESTERN Checks 2213/2260 General ~ $ 1,262,588.35 Checks 44069/44439 Payroll $ 251,566.50 Council Meeting Minutes -15- May 13, 1985 . Motion carried 4-0. A~J~UR E ' M/Bunce, S/Priebe that the.meetin~ adjourn. Motion carried 4-0. The meeting was adjourned at 10:20 p.m. Date approved : ~~-.~ / ® ~ G~~~~~ ichae and , ayor Pro em- pore a iy~ T omas P. Ferber, City Jerk J n G. C r wrigY~^t, it anager 1