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10-14-1985CITY OF RICHFIELD, MINNESOTA REGULAR COUNCIL MEETING OCTOBER 14, 1985 MEMBERS PRESENT: John Hamilton, Mayor; Howard Bunce; Ivan Ludeman; Donald Priebe; and, Michael Sandahl. STAFF PRESENT: John Cartwright, City Manager; Clayton LeFevere, City Attorney; Thomas Ferber, City Clerk; Steven Devich, Administrative Services Director; Dennis Kraft, Community Development Director; Don Fondrick, Community Services Director; and, Jean Mitchell, Finance Manager. The presentation of colors was made by Girl Scout Troop #816. Mayor Hamilton presented Certificates of Appreciation to the Troop members. PLEDGE OF ALLEGIANCE The meeting was called to order by Mayor Hamilton at 7:03 p.m. APPROV L 0 MIN TES M/Sandahl, S/Bunce to a Cit Council Meetin of Se Meetin of g 25 85• and th 9 30 85. Motion carried 5-0 . rove the minutes of the regular tuber 23, 1985; the Budget Heari SAecial Citv Council Meeting of Council Member Ludeman stated that the U.S. Swim and Fitness Center had begun construction of their building addition prior to widening the 65th Street driveway. He pointed out that the September 23rd council minutes stated that the council had stipulated the driveway widening be accomplished first. The City Manager said he would follow up on this matter. OPPORTUNITY FOR IT Z NS TO DDRESS'THE ITY COUNCIL Gary Erickson, 6445 1st Avenue, stated that he felt the walk phase of the traffic signals at &5th Street and 66th Street on Nicollet Avenue did not provide sufficient crossing time. Mr Erickson also inquired about the changes being made to the traffic signal at 66th Street and Portland Avenue. 1 Council Meeting Minutes -2- October 14, 1985 City Manager Cartwright explained the operation of the walk signal and how it was timed to provide for safe pedestrian crossing. The City Manager stated that Hennepin County was modifying the 66th Street and Portland Avenue traffic signal to• allow advance left turn movements for southbound 66th Street traffic to alleviate some of the afternoon rush hour back up. Item #1 PR TATION 0 A CERT ATE OF APPRECIATION TO ROBER COLLISON FOR OUTSTANDING COMMUNITY CONTRIBUTIONS. C.L. 374 Mayor Hamilton presented a certificate of appreciation to Robert Coilison for his contributions to the Richfield community in the field of parks and recreation. Mr. Collison thanked the council for the cooperation and committment that the city has shown in working with the school district on various programs. Item #2 PR SENTA IO A RTIFICA F AP C A ON TO JOHN HEDDLE, CITY OF RICHFIELD BUILDING SUPERINTENDENT, FOR RECEIVING "MAINTENANCE MAN OF THE YEAR" AWARD. C.L.375 Mayor Hamilton presented a certificate of appreciation to Richfield Building Superintendent John Heddle for receiving the "Maintenance Man of the Year" award from the Minnestoa Ice Arena Managers Association and expressed the community's appreciation for his cost saving contributions to the city. Item #3 PPROVA OF AGENDA M/Ludeman, S/Priebe that the council agenda be a~~roved . Motion carried 5-0 . Item #4 CONSENT CALENDA A. FIRST AND FINAL PAYMENT FOR REPAINTING LOGAN WATER TOWER, MAGUIRE IRON, INC. $77,&00.00 B. FIFTH AND FINAL PAYMENT FOR SIDEWALK AND PEDESTRIAN RAMP REPAIR. MN STATE CURB & GUTTER, INC. C.P. 795 $8,880.93 Council Meeting Minutes -3- October 14, 1985 C. ESTIMATE N0. 1, REPAIR OF SIDEWALKS & L/H/N CROSSWALK EDWARD WATSON CO. $21,817.17 D. ESTIMATE N0. 1, FOR CP 803 LONGFELLOW AVENUE IMPROVE- MENTS, CP 803, BITUMINOUS ROADWAYS. $159,906.63 E. ESTIMATE N0. 1, FOR 76TH AND WASHBURN STORM SEWER DRAINAGE, RICHARD KNUTSON, INC. $82,346.00 F. ESTIMATE N0. 1, FOR 69TH AND LOGAN AVENUE STORM SEWER ORVADAHL CONSTRUCTION $14,516.00. G. RENEWAL OF MOTEL LICENSE, THE INN, 7640 CEDAR. H. RENEWAL OF 3.2 BEER LICENSE,~UNION OIL COMPANY, 601 EAST 66TH STREET. I. NEW LICENSE - SIX AMUSEMENT MACHINES, CHI-CHI'S RESTAURANT, 7717 NICOLLET AVENUE. J. A RESOLUTION CERTIFYING DEFERRAL OF SPECIAL ASSESS- MENTS FOR CERTAIN ELIGIBLE HOMEOWNERS AGE 65 YEARS OR OLDER OR TOTALLY DISABLED. C.L. 376 RESOLUTION N0. 7093 RESOLUTION APPROVING ELIGIBLE DEFERRAL OF SPECIAL ASSESSMENTS AGAINST OWNER OCCUPIED HOMESTEAD PROPERTIES OF PERSONS PERMANENTLY AND TOTALLY DISABLED K. PURCHASE IN EXCESS OF $5,000 FOR ROCK SALT. C.L. 377 L. REQUEST FROM LYNDALE HARDWARE TO AMEND THEIR OFF-STREET PARKING PERMIT TO ERECT AN ADDITION TO THEIR BUILDING. C.L. 378. M. RESOLUTION CONFIRMING THAT RICHFIELD IS NOT INTERESTED IN PURCHASING THE TAX DELINQUENT PROPERTY AT 6945 PENN AVENUE. C.L. 379• RESOLUTION N0. 7094 RESOLUTION CONCERNING TAX DELINQUENT PROPERTY AT 6945 PENN AVENUE SOUTH. N. CONSIDERATION OF PLANS AND SPECS, AND AUTHORIZATION TO BID FOR STORM SEWER IMPROVEMENTS AT NORBY AND WILSON PONDS. C.L. 380. M/Ludeman, S/Priebe that the consent calendar be approved . Motion carried 5-0 . Council Meeting Minutes -4- October 14, 1985 Item #5 ONS DERATI N OF A V IAN Q EST TO PERM T A BOW WINDOW TO PROJECT INTO THE REQUIRED SIDEYARD SETBACK AT 6744 SIXTEENTH AVENUE. C.L. 381 City tanager Cartwright reviewed Council Letter No. 381 and concurred with the Planning Commission recommendation which recommended approval of the variance request to permit a bow window to project into the sideyard setback at 6744 Sixteenth Avenue. The City Manager stated that agenda item No. 19 contained a recommendation which would provide for a legislative remedy to reduce the number of minor variance requests such as the one under consideration and those to be addressed in the following two agenda items. M/Ludeman, S/Sandahl to close the public hearing . Motion carried 5-0 . M/Ludeman, S/Bunce window to project into Sixteenth Avenue . to approve a variance to permit a the required sideyard setback at Motion carried 5-0 . Item #6 CONSIDERATION OF A REQUEST FOR A VARIANCE TO ALLOW AN ADDITION TO BE CONSTRUCTED TO THE PROPERTY AT 7627 SECOND AVENUE. C.L. 382 City Manager Cartwright reviewed Council Letter No. 382 and concurred with the Planning Commission recommendation which recommended approval of the variance request to allow an addition to be constructed at 7627 Second Avenue. Eugene Mayerhofer, 7627 Second Avenue, informed the council that the existing house did not meet the sideyard setback requirement, or the frontyard setback as mentioned by the city manager. M/Bunce, S/Ludeman to close the public hearing . Motion carried 5-0 . M/Ludeman, S/Sandahl to a addition to be constructed to Secon Avenue . e a variance to allow an existing structure at 7 1 Motion carried 5-0 . Council Meeting Minutes -5- October 14, 1985 Item #7 CONS D RA ON OF A EQUEST FOR A VARIANCE TO ALLOW CONSTRUCTION OF AN ADDITION TO THE EAST SIDE OF THE DWELLING AT 6621 LOGAN AVENUE. C.L. 383 City Manager Cartwright reviewed Council Letter No. 383 and concurred with the Planning Commission recommendation which recommended approval of a variance request to allow construction of an addition to the east side of the dwelling at 6621 Logan Avenue. M/Bunce, S/Sandahl to close the public hearing . Motion carried 5-0 . M/Sandahl, S/Ludeman t e to allow t Item #8 CONSIDERATION OF A REQUEST FOR A VARIANCE TO A MULTIPLE FAMILY RESIDENTIAL SITE TO PERMIT CONSTRUCTION OF A MODEL APARTMENT UNIT AT 7620 PENN AVENUE. C.L. 384 Community Development Director Kraft reviewed Council Letter No. 384 regarding a request by Northwest Unit Investment Co. for a variance to a multiple family residential site to allow an addition to the existing Rental Office Recreation Building at 7620 Penn Avenue. M/Bunce, S/Ludeman to close the public hearing . Motion carried 5-0 . M/Ludeman, S/Bunce to approve a variance for the distance between buildings on a multiple family residential site to allow an addition of a model apartment unit at 7620 Penn Avenue . Motion carried 5-0 Item #9 CONSIDERATION OF A REQUEST FROM THE HRA FOR A VARIANCE TO THE MINIMUM LOT SIZE TO PERMIT THE CONSTRUCTION OF A THREE BEDROOM HOME AT 7508 COLFAX AVENUE. C.L. 385 City Manager Cartwright reviewed Council Letter No. 385. regarding a request from the HRA for a variance to the minimum lot size to permit the construction of a three bedroom home at 7508 Colfax Avenue. Motion carried 5-0 . Council P4eeting Minutes -6- October 14, 1985 Council Member Sandahl stated that the lot size 50' x 130' was not unusual in the city. Community Development Director Kraft said that the Planning° Commission and staff are recommending an ordinance amendment which will change the minimum lot size to 6000 square feet for that reason. Council Member Ludeman stated he supported amending the ordinance as long as a minimum lot width of 50 feet was maintained. M/Bunce, S/Sandahl to close the .public hearing . Motion carried 5-0 . M/Sandahl, S/Ludeman to a rove a variance to the minimum lot size to permit the construct on of a three bedroom home at Motion carried 5-0 . Mayor Hamilton announced that Agenda Item No. 14 would be taken out of order at this time. Item #14 CONSIDERATION OF AN ORDINANCE TO AMEND THE ZONING ORDINANCE TO REDUCE THE MINIMUM LOT SIZE FOR SINGLE FAMILY DWELLINGS FROM 6,750 SQUARE FEET TO 6,000 SQUARE FEET FOR LOTS OF RECORD AS OF JANUARY 1, 1985- C.L.390 `. City Manager Cartwright reviewed Council Letter No. 390 recommending an amendment to the zoning ordinance to reduce the minimum lot-size for single family dwellings from 6750 square feet to 6000 square feet for lots of record as of January 1, 1985. M/Sandahl, S/Ludeman that this constitute First Readin of this ordinance amendment an that t e Public Hearine and Second Reading of the ordinance amendment be scheduled for October 28. 1985 . Motion carried 5-0 Item #10 CONSIDE ATION OF A ORDINANCE PROHIBITING UNNECESSARY VEHICULAR ACCELERATION. SECOND READING. C.L. 386 City Manager Cartwright reviewed Council Letter No. 386 recommending an ordinance to prohibit unnecessary vehicular acceleration. Council Meeting Minutes -7- October 14, 1985 Gary Erickson, 6445 1st Avenue, asked if violation of this ordinance would be a misdemeanor. City Attorney LeFevere explained that it would be a moving violation which is a misdemeanor. Council Member Bunce stated that if enforcement of this ordinance was misused he would favor repeal. M/Ludeman, S/Bunce to close the public hearing . Motion carried 5-0 . M/Ludeman•, S/Bunce that this constitute a Second Reading of Bill 1985-25. that it be published in the official newspaper an Item #11 CONSIDERATION OF AN ORDINANCE PERMITTING TEMPORARY OFF- STREET PARKING OF VEHICLES IN THE FRONTYARD DURING SNOW EMERGENCIES. SECOND READING. C.L. 387 City Manager Cartwright reviewed Council Letter No. 387 recommending an ordinance to permit temporary off-street parking of vehicles in frontyards during snow emergencies. Council Member Ludeman requested that the ordinance amendment have a provision to allow adequate time for residents to remove their cars from the yard after the end of the snow emergency. It was the consensus of the council that the time factor be included in the ordinance. M/Ludeman, S/Sandahl to close the public hearing . Motion carried 5-0 . M/Ludeman, S/Bunce that this constitute a Second Reading of Bill 1985-26 that it be ublished in the official news a er and that it be made par of these minutes . Motion carried 5-0 . 1 Motion carried 5-0 . Council Meeting Minutes -8- October 14, 1985 Item #12 CON IDER TI N FAN ORDI ANCE TO RE N THE SIT OF THE FORMER CLOVERLEAF MOTEL AT THE NORTHWEST QUADRANT OF I35W AND I494 INTERCHANGE FROM C-2 GENERAL ' COMMERCIAL TO PC-2 PLANNED GENERAL COMMERCIAL FOR THE PROPOSED CDR DEVELOPMENT. C.L. 388 Community Development Director Kraft reviewed Council Letter No. 388 presenting a comprehensive overview of the CDR development proposal. Mr. Kraft stated that the information regarding the PUD plan variance requests, and street dedications was provided as background and would require action in the future. He recommended that the council give first reading to an ordinance to rezone the site at the northwest Quandrant of I35W and I494 interchange from C-2 General Commercial to PC-2 Planned General Commercial for the proposed CDR Development. Ron Erickson, Korsunsky, Krank, Erickson Architects Inc., reviewed the site plans, traffic circulation, parking layout, and shadow pattern s of the proposed development. Mayor Hamilton stated that some residents had expressed concern regarding the height of the buildings. Council Member Ludeman asked if a smaller building (such as 16 stories) had been considered. Mr. Erickson indicated that the building was designed to be attracti e it d t h th l , s v e o ave e east impact on the surrounding area, and buffered from adjacent property. He said the building was meant to have a visual impact. Council Member Sandahl stated that there would be little difference in the impact of a 16 story building versus a 26 story building. Council Member Priebe stated that he was not concerned about the proposed height because it was appropriate for this location on the freeway system. He stated that he was concerned that this rezoning would be committing the city to expending funds for the 77th Street improvements prior to approval of the ILN plan. City Attorney LeFevere stated that the council was being asked to approve the rezoning for the CDR plan which does envision the 77th Street improvements. However, if these improvements were not approved in the future, CDR would not build the project. Council Member Ludeman expressed concern that adequate parking may not be provided in the plan. Council Meeting Minutes -9- October 14, 1985 Mr. Erickson stated that the developers would be the first to be concerned about parking since it would affect the success of the development and that they are satisfied that sufficient parking area is provided for in the proposal. N!/Sandahl, S/Priebe that this constitute First Readin of this ordinance amendment and hat t e Pub is earina and Second 1 Reading of the ordinance amendment be scheduled for October 28, 1985 . Motion carried 5-0 . Item #13 CONSIDERATI N OF A ORDINANCE WHICH PROVIDES FOR: A PLANNED UNIT DEVELOPMENT; REZONING REQUEST FROM "R" RESIDENTIAL TO PMR-1 PLANNED TWO FAMILY RESIDENTIAL; AND, SPECIAL USE PERMIT FOR THE SITE LOCATED AT NORTHWEST CORNER OF 66TH STREET AND RAE DRIVE. C.L.389 Community Development Director Kraft reviewed Council Letter No. 389 regarding an ordinance amendment which provides for a Planned Unit Development, rezoning request from "R" Residential to PMR-1, Planned Two Family Residential; and a special use permit for the site located at the northwest corner of 66th Street and Rae Drive. Council Member Ludeman asked if the drainage concerns of the property owners to the north of the proposed development had been addressed. Bruce Nordquist, Housing Specialist, explained that modifications to the elevation of the site will drain surface runoff water to 66th Street. M/Ludeman, S/Sandahl that this constitute First Reading of this ordinance amendment and that the Public Hearin and Second Reading of the ordinance amendment be schedules or October 28i 1985 Motion carried 5-0 . M/Ludeman, S/Sandahl to a reduce the recreational/open. uest to 1 Motion carried 5-0 - Council Meeting Minutes -10- October 14, 1985 Item #15 CONSID R I IT AFF R OMM N ION APPRO E PLANS AND SPECIFICATIONS AND AUTHORIZATION TO TAKE BIDS FOR LEGION LAKE DREDGING PROJECT. C.L. 391 City Manager Cartwright reviewed Council Letter No. 391 recommending that the council approve the plans and specifications for the Legion Lake dredging project and authorize the advertisement for bids. The city manager also reviewed the cost estimates for the six phases of the Legion Lake Master Plan. Council Member Ludeman asked what the city's prospects were for obtaining state grants for the Legion Lake development. Community Services Director Fondrick responded that the city had been very successful in the past and would aggressively pursue the grants. Item #16 RESOLUTION AUTHORIZING A MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF RICHFIELD AND THE RICHFIELD SCHOOL . DISTRICT FOR THE INSTALLATION OF CERTAIN FIRE PROTECTION FACILITIES ON SCHOOL DISTRICT PROPERTY TO BE PAID FOR BY SPECIAL ASSESSMENTS. C.L. 392 M/Sandahl, S/Ludeman to authorize the advertise ecifications City Manager Cartwright reviewed Council Letter no. 392 recommending that the council pass a resolution accepting a petition for special assessments and, authorizing a memorandum of agreement between the City of Richfield and the Richfield School District for the installation of fire protection facilities on school district property to be paid by special assessments and authorizing construction of the project. Council Member Bunce noted that this would allow the school district to fund this project without holding a referendum for a bond issue or increasing their mill rate. City Attorney LeFevere stated that this action would. provide a definite financing mechanism to proceed with the installation of the required fire protection improvements. 1 Motion carried 5-0 . Council Meeting Minutes -11- October 14 ,1985 MiSandahl, S/Bunce that the followin resolution be ado ted• that it be s read in the resolution book and t at it be made part of t ese m nutes RESOLUTION N0. 7095 RESOLUTION ORDERING CERTAIN FIRE PROTECTION FACILITIES TO BE CONSTRUCTED ON INDEPENDENT SCHOOL DISTRICT 1V0. 280 PROPERTY, APPROVING THE PLANS AND COST ESTIMATES AND AUTHORIZING CONSTRUCTION BY THE DISTRICT Motion carried 5-0 This resolution appears as Resolution No. 7095 in Resolution Book No. 53. Item #17 ONSIDERATION OF A RESOLU ION PROVIDING FOR THE ISSUANCE AND SALE OF $1,940,000 GENERAL OBLIGATION ' IMPROVEMENT BONDS OF 1985. C.L. 393 City Manager Cartwright reviewed Council Letter No. 393 recommending that the council pass a resolution providing for the issuance and sale of $1,940,000 General Obligation Improvement Bonds to provide permanent financing for the 1984 and 1985 alley paving, RSA storm sewer, and the Richfield School District sprinkler system projects. M/Sandahl, S/Bunce that the following resolution be adopted;. that it be s read in the resolution book and that it be made part o these minutes RESOLUTION N0. 7096 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $1,940,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1985 Motion carried 5-0 This resolution appears as Resolution No. 709 in Resolution Book No. 53. Item #18 CONSID RA IO a A EQUE T FRO B OOMINGTON HOND F R A REVISED OFF-STREET PARKING PERMIT TO EXPAND A BUILDING WITHIN THE ILN BUILDING MORATORIUM AREA. C.L. 394 City Manager Cartwright reviewed Council Letter No. 394 regarding a request from Bloomington Honda for approval of a plan change to allow the expansion of a building within the ILN Building Moratorium area. Council Meeting Minutes -12- October 14, 1985 City Attorney LeFevere reviewed the provisions of the moratorium ordinance and the options the council has in dealing with this request. The City Attorney stated that the council could: 1) Amend the moratorium ordinance~to exclude this property; or, 2) Ask Bloomington Honda to wait until after the moratorium has expired. Council Member Sandahl noted that it would be less expensive if the addition could proceed now during the construction of the new building on the site. He asked if there was anyway that the council could allow the builder to proceed by action tonight. City Attorney LeFevere stated that the only legal method to allow the addition would be to amend the moratorium ordinance. He explained that this would take approximately two months because of the public hearing and publication requirements. Council discussion followed regarding the necessity to amend the special use permit in addition to amending the moratorium ordinance to allow this plan change. Dick Krumm, architect for the project, appeared in support of allowing the building to proceed and stated he felt it was only a modification of the approved plan and should not be considered under the moratorium. He stated he needed the approval at this time to complete construction during good weather and that waiting two months may delay the addition until next spring. A representative of the builder for the project questioned why the council had approved the enclosure of the write-up area on the consent agenda in May, 1985, but could not approve this change. Council discussion followed regarding allowing the builder to leave this portion of project unfinished and still allowing a temporary occupancy permit for opening in January 1986. The City Manager indicated this could be done. Council Member Priebe requested that the city manager inform the council by memo as to what the assessed valuation of this property was before and after the Bloomington Honda project. M/Ludeman, S/Bunce to. instruct the cit attorne to re are an ordinance amendment for First eadin at the October 28 985 council meeting which wil remove the Bloomington Hond~roperty fro=m~he ~LN Building Moratorium area Motion carried 4-1 (Priebe opposed) ~_~ Council Meeting Minutes -13- October 14, 1985 Item #19 CO ID RA ON OF F RE ENDATION TO THE PLANNING COMMISSION TO CONSIDER AMENDMENTS TO THE ZONING ORDINANCE TO REDUCE THE NUMBER OF MINOR VARIANCE REQUESTS. C.L. 395 City Manager Cartwright reviewed Council Letter No. 395 regarding a staff recommendation to the Planning Commission• to consider amendments to the zoning ordinance to reduce the number of minor variance requests. The city manager stated that since writting Council Letter No. 395 he learned that the Planning Commission is considering these amendments and, therefore, no council action is required at this time. Item #20 CONSIDERA ION 0 A COUN L-STAFF COMMITTEE RE OMM ND - TION ON THE SELECTION OF AN AUDITOR FOR THE FISCAL YEARS 1985 THROUGH 1989. C.L. 396 City Manager Cartwright reviewed Council Letter No. 396 regarding a Council-Staff Committee Recommendation to select the firm of Deloitte, Haskin & Sells as the auditor for the city for fiscal years 1985--1989. Council Member Bunce said he supported selecting a local Richfield firm as auditor. Clifford Hoffman, Deloitte, Haskins & Sells, stated that 8 of the firm's employees were residents of Richfield. M/Sandahl, S/Priebe to award the auditin en a ement for the fiscal years 1985-1989 to De oitte, Haskins and Sells, and that the city manager be authorized to pre are and execute an Agreement for Auditing Serv ces as recommended in ouncil Letter o. 39b . Motion carried 5-0 . Item #21 C U IL DISC SS N ITEMS None 1 Council Meeting Minutes -14- October 14, 1985 Item #22 CLAY A D PAYR LLS M/Ludeman, S/Bunce t_h_at the following claims and a rolls be approved RICHFIELD BANK AND TRUST Checks 6291/6365, 79112/79446 FIRST WESTERN BANK Checks 2527/2583 Checks 4846/5211 10/3/85 MIDWEST FEDERAL Check 1019 Motion carried 5-0 . ADJO RN ENT General $1,486,314.79 General $1,214,767.34 Payroll $ 252,519.61 $ 20,000.00 M/Ludeman, S/Bunce that the meeting. ad'ourn . Motion carried 5-0 . The meeting was adjourned 9: Date Approved: 10/28/85 <'~ omas er er City Cierk 1 C~ I U