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07-08-1985CITY OF RICHFIELD, MINNESOTA . REGULAR COUNCIL MEETING JULY 8, 1985 1 MEMBERS PRESENT: John Hamilton, Mayor; Howard Bunce; and Donald Priebe. ' STAFF PRESENT: John Cartwright, City Manager; Clayton LeFevere, City Attorney; Thomas Ferber, City Clerk; Steven Devich, Administrative Services Director; and Dennis Kraft, Community Development Director. The meeting was called to order by Mayor Hamilton at 7:07 p.m. PLEDGE OF ALLEGIANCE APPR VAL F M NUTES M/Bunce, S/Priebe to Review Meeting of June 24 10. 1985. and the Regular Motion carried 3-0. approve the minutes of the Boar 1985, Board of Review Meeting Council Meeting of June 24, 19 PPO TY F0~ I ENS 0 ADDRESS H C COU CIL None of of June 5. Item #1 OUN IL APPROVAL 0 GENDA Council Member Priebe requested that the proposed City of Bloomington Airport South Development be placed on the agenda under Item #12, Council Discussion Items. MjBunce, S/Priebe that the council agenda be approved as amended. Motion carried3-0. Item #2 CONSENT CALENDAR A. ESTIMATE #20 FOR 500 WATER METERS DELIVERED. WATER PRODUCTS CO. $21,000. B. ESTIMATE #6 FOR BUILDING RENOVATION MEMORIAL PARK, CP 788, NORDLING CONSTRUCTION $7,846.65. Council Meeting Minutes -2- July 8, 1985 C. FINAL PAYMENT TO NORDLING CONSTRUCTION BUILDING RENOVATION, CP 788, $659. D. FINAL PAYMENT TO P.N.L. INC. FOR JOINT CLEANING & RESEALING CONCRETE PAVEMENT, $15,148.94. E. ESTIMATE #3 MINNESOTA STATE CURB & GUTTER FOR SIDEWALK REPAIR, CP 795, $39,144.75. F. FIRST AND FINAL PAYMENT TO RICHARD KNUTSON, INC. FOR RSA STORM SEWER CP 813, $127,738.51. G. RENEWAL OF KENNEL LICENSE, 3 DOGS, MYRTLE WICKSTROM, 6726 CHICAGO AVE. H. RENEWAL OF KENNEL LICENSE, 3 DOGS, ROBERT LUDDON, 6733 10TH AVE. I. RENEWAL OF KENNEL LICENSE, 10 CATS, 6314 14TH AVE., GARNETTE KELBER. J. RENEWAL OF KENNEL LICENSE, 3 CATS, 6344 BLOOMINGTON AVE., ROSEMARY RIGA. K. RENEWAL OF KENNEL LICENSE, 3 DOGS, MARGARET MCADAMS, 6400 16TH AVE. L. RENEWAL OF COMMERCIAL KENNEL LICENSE, WOODLAKE VETERINARY HOSPITAL, 6436 LYNDALE AVE. M. RENEWAL OF COMMERCIAL KENNEL LICENSE, CUTLER ANIMAL I~OSPITAL, 7738 COLFAX AVE. . N. RENEWAL OF COMMERCIAL KENNEL LICENSE, ELAINE BERQUIST, 7429 HUMBOLDT AVE. 0. RENEWAL OF COMMERCIAL KENNEL LICENSE, DR. WILLIAM BLAINE, 6301 CEDAR AVE. P. COUNCIL CONSIDERATION OF A REQUEST FOR A FEE WAIVED LICENSE FOR A 30 DAY TEMPORARY SIGN AT HOPE PRESBYTERIAN CHURCH, 7132 PORTLAND AVE. C.L. 253. M/Bunce, S/Priebe that the consent calendar be approved. Motion carried 3-0. 1 Item #3 COUNCIL ONSIDERATION OF A REQUEST TO CON INUE THE VARIANCE HEARING FOR 7133 LYNDALE AVENUE TO AUGUST 12, 1985. C.L. 254. Council Meeting Minutes -3- [] July 8, 1985 City Manager Cartwright stated that Mr. Ralph A. Gale Jr., attorney for the applicant, had requested a continuance of the public hearing to the August 12, 1985 council meeting. M/Priebe, S/Bunce to continue the variance hearing for Lyndale Avenue to the August 12, 1985 city council meeting. Motion carried 3-0. Item #4 COUNCIL CONSID RA ION OF A REQUEST TO CONT NUE E VARIANCE HEARING AT 7645 EMERSON AVENUE TO AUGUST 12, 1985. C.L. 255. City Manager Cartwright stated that Mr. Jerry Probst, an attorney representing Mr. and Mrs. Saeger, had requested a continuance of the hearing to the August 12, 1985 council meeting. Cartwright indicated a stop work order had been issued and that the site would be monitored so that no further construction will occur before council action. M/Priebe, S/Bunce to continue the variance hearing for Emerson Avenue to the August 12, 1985 city council meeting Motion carried 3-0. Item #5 COUNC L 0 S RA IO OF A REQUES FOR A V ANC TO THE REARYARD AND FRONTYARD SETBACKS TO CONSTRUCT A 14' X 24' ADDITION TO THE EXISTING GARAGE AT 626 EAST 68TH STREET. C.L. 256. Community Development Director Kraft reviewed Council Letter No. 256 regarding a request for a variance to the rearyard and frontyard setbacks to construct an addition to an existing garage at 626 East 68th Street. He stated that both the staff and the Planning Commission recommended denial of this variance request. Clyde Wilde, 4538 Lyndale Ave. No., of Concorde Builders, representing the applicant Wayne Dahlberg, spoke in support of the variance request. Errol Dahlberg, 626 East 68th Street, stated that several neighbors had signed a petition supporting the variance request. Council discussion followed regarding the use and the size of the proposed garage addition. Council Meeting Minutes -4- July 8, 1985 Council Members requested that any petitions or letters regarding variance requests be included in the council packet. M/Priebe, S/Bunce to close the public hearing. Motion carried 3-0. M/Bunce, S/Priebe to deny the request for a variance to the rear ard.and front and setbacks to allow a 14 x 24 foot addition to the existin 2 x 34 foot attached ara e at 626 East 8th Street. Motion carried 3-0. Item #6 N IL CON IDERAT ON OF A REQUE T F R A VARIANC T THE FRONTYARD SETBACK TO PERMIT CONSTRUCTION OF A BAY WINDOW AT 6810 21ST AVENUE. C.L. 257. Community Development Director Kraft reviewed Council Letter No. 257 recommending denial of the variance request based upon the current zoning ordinances.° Kraft stated that .the Planning Commission and City staff recommend that the ordinance be amended to allow bay windows to extend within the frontyard and rearyard setback and that First Reading of this ordinance amendment was scheduled as Item No. 9 on the council agenda. M/Hamilton, S/Priebe to close the. public hearing.. Motion carried 3-0. M/Bunce, S/Priebe to a rove a variance to the front and setback to ermit construction of a ba window at 810 21st venue and to refund a portion of t e fee paid by the applicant. Motion carried 3-0. Item #7 COUNCIL CONSID RA I N OF A REQU S FOR A SP CIAL PERMIT TO ALLOW CONSTRUCTION OF A 27' X 36' ADDITION TO THE EXISTING BUIDING AT 817 EAST 66TH STREET FOR THE OPERATION OF A SERVICE STATION STORE. C.L. 258. Community Development Director Kraft reviewed Council Letter No. 258 regarding a request for. a special use permit to allow construction of an addition to the existing building at 817 East 66th Street for the. operation of a service station store. ~~~ Council Meeting Minutes -5- July 8, 1985 Robert Hoffman, 7127 station, stated that the recommended by the staff to make deliveries. He week. M/Bunce, S/Priebe to Motion carried 3-0. Columbus Avenue, owner of the service curb cut and driveway stipulations would make it difficult for fuel trucks indicated 3-4 deliveries occur each close the public hearing. M/Priebe, S/Bunce to a rove a s ecial use ermit to allow the construction of a 27 x 3 foot addition to the existing buildin for the o eration of a asoline service station store at 817 East th Street with the followin sti ulations: 1. That the south curb cut on E liot Avenue be closed prior- to occu anc of the addition. 2. hat one 90 degree curb cut on Elliot Avenue be constructed in conformance with city ordinance prior to occupancy of the addition. Motion carried 3-0. Item 8 COUNCIL CONSID RATION OF AN ORDINANCE AM NDMENT TO IMPLEMENT A HEARING OFFICER PROCESS TO HEAR ZONING VARIANCE REQUESTS. FIRST READING. C.L. 259. Community Development Director Kraft reviewed Council Letter No. 259 regarding a proposed ordinance amendment to implement a hearing officer process to hear zoning variance requests, Kraft summarized the mayor'provisions of the proposal. Kraft responded to questions from the council regarding the role of the Planning_Commission and the appeal process provided to.applicants. City Manager Cartwright said that the intent of the proposed ordinance amendment was to free up time for the Planning Commission so the commissioners could concentrate on short and long term planning issues. ' Connie Hoverson, Planning Commission Chairperson, spoke in ,support of the proposed hearing officer prodecure and the ordinance amendment. Lawrence Wozniczka, 6744 Wentworth Avenue, spoke in opposition to the ordinance amendment and questioned whether it would fulfill the requirements of state statutes. L'~ Council Meeting Minutes -6- July 8, 1985 City Attorney LeFevere responded that the proposal complies with state statutes. He also explained that the proposed appeal process provides that an error by the hearing officer is the only reason allowed for an appeal to the city council. It was the consensus of the council that the ordinance should be amended to provide that an applicant may appeal any hearing officer's decision to the city council. City Attorney LeFevere said he would have Subdivision 6 amended prior to Second Reading to reflect the council desire to simplify the appal process. M/Priebe, S/Bunce that this constitute a First Reading of this ordinance"amendment, and that a Second Reading of the ordinance amendment be scheduled for July 22, 1985. Motion carried 3-0. Item #9 OUNCIL ON ID RA TON OF AN DINAN A D NT 0 ALLOW BAY WINDOWS, BOW WINDOWS, OR OTHER TYPES OF WINDOWS TO EXTEND UP TO TWO AND ONE-HALF FEET INTO THE REQUIRED FRONT AND REAR YARD SETBACK REQUIREMENTS. FIRST READING. C.L. 260. City Manager Cartwright reviewed Council Letter No. 260 regarding an ordinance amendment to allow bay windows, bow windows, or other types of windows to extend up to two and one- half feet into the required front and rear yard setback requirements. M/Bunce, S/Priebe that this constitute First Readin of this ordinance amendment and t at a Second Readin of the ordinance amendment a scheduled for u v 22. 985. Motion carried 3-0. Item #10 COUNCIL C S D RATION F A STAF RECOM NDAT ON 0 PURCHASE THE CITY'S PRESENT FOUR PHASE IV-95 COMPUTER SYSTEM. C.L. 261. i Administrative Services Director/Assistant City Manager Devich~reviewed Council Letter No. 261 regarding the options the city has available to either lease or purchase the Four Phase IV- IV-95 Computer System. Devich recommended that the city council select the Installment Sales Agreement Option (Option D). Council Meeting Minutes -7- July 8, 1985 City Manager Cartwright pointed out that Option B, which provided for continuation of the present lease until December 31, 1986, then advocates unilateral cancellation of the lease by the City, is the least expensive alternative. He further added that Minnesota statutes provide for such cancellation authority for municipalities at the end of each fiscal year. The Manager felt that if the City Council would authorize the purchase of a new computer system from fund balances instead of operating budgets, the City staff would favor selection of Option B. City Attorney LeFevere answered questions regarding the state statute which may allow the city to germinate the lease/purchase agreement at the end of a fiscal year. Debra Chaney, 12816 Nicollet Avenue, representing Motorola IV-Phase, discussed the costs and risks of the various options. Lawrence Wozniczka, 6744 Wentworth Avenue, questioned whether a-new computer system would provide a cost savings to the city. . Council Member Priebe. said that if the city purchases a new computer system, it should enhance services at no additional costs or reduce costs. The Council discussed the various options. It was the consensus of the council that action should be delayed until July 22, 1985, to allow further negotiation with Motorola IV- Phase and to have all council memebers present to vote on this important item. M/Bunce, S/Priebe to continue council consideration 'of purchasing the city's present Four Phase IV-95 computer system to the July 22, 1985 council meeting. Motion carried 3-0. Item #11 COUNCIL CONS DERA ION 0 APPOINTM N S TO THE RICHFIE D HUMAN RIGHTS COMMISSION AND THE SISTER CITY INTERNATIONAL COMMISSION. C.L. 26 City Manager Cartwright reviewed Council Letter No. 262 regarding applicants for appointment to the Richfield Human Rights Commission and the Sister City International Commission. M/Bunce, S/Priebe to appoint Leanne Ervasti and Bill_Sve~da as members of the Human Rights ommission and to appoint Todd Steenson as a member of the Sister City International Commmission. Motion carried 3-0. Council Meeting Minutes -8- July 8, 1985 Item #12 C UNCIL D SC SSION T EMS 12A. BLOOMINGTON AIRPORT SOUTH PROPOSED DEVELOPMENT Council Member Priebe discussed Bloomington's proposal to request exemption from contributing to the fiscal disparities pool and the impact of the proposed project on Richfield. Community Development Director Kraft reviewed information he had received about the development. City Attorney LeFevere explained the advantages. 'that the fiscal disparities pool had provided to Richfield. Council Member Bunce stressed the need to consider the traffic impact that the proposed development will have on R~.chfield. Council Members requested that representatives of~ Bloomington meet with the council to discuss and provide information regarding the Airport South Development. Item #13 CLAIMS AND PAYROLLS M/Bunce, S/Priebe-that the following claims and payroll be approved: RICHFIELD BANK AND TRUST Checks 595716003, 77441/77746 FIRST WESTERN Checks 2343/23660 Checks 1776/2225 Motion carried 3-0. ADJO NM N General $ 778,508.14 General $1,613,436.96 Payroll (F.W.) $ 280,572.82 M/Bunce, S/Priebe that the meetin adjourn. Motion carried 3-0. The meeting was adjourned at 8:57 p.m. Council Meeting Minutes Date Approved: July 22,.1985 ~~ Q T omas Ferber City Clerk -9- July 8, 1985