12-09-1985CITY OF RICHFIELD, MINNESOTA
REGULAR COUNCIL MEETING
DECEMBER 9, 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; Steven Devich,
Administrative Services Director; Thomas
Ferber, City Clerk; Donald Fondrick,
Community Services Director; Dennis
Kraft, Community Development Director;
and, Thomas Morgan, Public Safety
Director.
The meeting was called order by Mayor Hamilton at 7:00 p.m.
Fred Babcock VFW Post 5555 presented the colors and led the
audience in the Pledge of Allegiance.
APPROVAL OF MINUTES
M/Ludeman, S/Bunce to_ a~pro
Council Meeting of November 12,
Meeting of November 25, 1985; a
of November 25, 1985.
Motion carried 5-0.
the minutes of the regular
85; the Special Studv Session
the regular Council.Meetin~
Item #1 OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL
P. L. McKisson, 6428 Wentworth Avenue, objected to having
all the snow plowed and left in front of his home on the cul-de-
sac and noted-that Edina uses a plow which does not put snow
into driveways.
The Mayor read excerpts from a newspaper article featuring
the Edina plow. In the article Edina officials indicated that
operation of the special plow is very cumbersome and
inefficient.
Don Fondrick, Community Services Director, stated he would
review the plowing techniques at this location and work with
Mr. McKisson regarding his problem.
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Council Meeting Minutes
-2- December 9, 198^
Item #2 PRESENTATION OF CERTIFICATES OF APPRECIATION TO HOWARD
BUNCE AND DON PRIEBE. C.L. 466.
Mayor Hamilton read and presented plaques of appreciation of
service to outgoing council members Howard Bunce and Don Priebe.
Representatives of the Fred Babcock VFW Post presented a
certificate of appreciation for community service to Council
iKember Bunce.
Item #3 RECOGNITION OF VOLUNTEER GROUPS THAT PARTICIPATE IN THE
CITY OF RICHFIELD~S RECYCLING PROGRAM. C.L. 467
Mayor Hamilton presented certificates of appreciation to the
volunteer groups who have participated in the city~s recycling
program.
City Manager Cartwright reviewed the Richfield Recycling
program and Council Letter No. 470 (Consent Calendar Item 7A)
regarding a contract with Hennepin County for funding recycling
activities.
Item #4 RECOGNITION OF BILL FILLt40RE, LIQUOR OPERATIONS
DIRECTOR, AND HOWARD ROWLAND, PERSONNEL MANAGER, FOR
OUTSTANDING SUPPORT OF THE UNITED WAY CAMPAIGN.
C.L. 468
Mayor Hamilton presented certificates of appreciation from
the United Way organization city employees Bill Fillmore and
Howard Rowland for their outstanding leadership of the City of
Richfield United Way Campaign for city employees.
Item #5 PRESENTATION TO JEAN P•iITCHELL, FIidANCE MANAGER, THE
FINANCIAL REPORTING ACHIEVEMENT AWARD FROM THE.
GOVERNMEAJT FINANCE OFFICERS ASSOCIATION. C.L. 469
Mayor Hamilton presented the Award of Financial Reporting
Achievement from the Government Finance Officers Association to
Jean Mitchell, Finance Manager.
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Council Meeting Minutes
Item #6 APPROVAL OF AGENDA
-3-
December 9, 1985
Council Member Priebe requested that an item regarding the
city policy concerning high water bills resulting from meter
changes be added to the agenda.
Mayor Hamilton stated this would appear on the agenda as
Item 28A.
M/Priebe, S/Bunce to approve the agenda as amended.
Motion carried 5-0.
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Item #7 CONSENT CALENDAR
A. CONSIDERATION OF A CONTRACT BETWEEN THE CITY OF
RICHFIELD & HENNEPIN COUNTY FOR RECYCLING ACTIVITIES.
C.L. 470.
B. CONSIDERATION OF THE APPOINTMENT OF THE CITY'S WORKERS'
COMPENSATION ADMINISTRATORS. C.L. 471
C. CONSIDERATION OF BIDS & AWARD OF CONTRACT FOR BROCHURE
PAPER FOR 1985. C.L. 472.
D. CONSIDERATION OF PURCHASES IN EXCESS OF $5,000 AND THE
SALE OF USED WATER METERS. C.L. 473
E. AUTHORIZATION TO PREPARE PRELIMINARY ENGINEERING REPORT
1986 ALLEY PAVING PROJECT. C.L. 474.
RESOLUTION N0. 7117
RESOLUTION ORDERING PRELIMINARY REPORT ON PROPOSED
ALLEY PAVING, CITY PROJECT N0. 822
F. SCHEDULING OF PUBLIC HEARING FOR CONSIDERATION OF A
WINE LICENSE FOR MAMA LU'S RESTAURANT. C.L. 475•
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G. AUTHORIZATION TO SUBMIT A GRANT APPLICATION TO THE
FORD FOUNDATION FOR POSSIBLE FUNDING OF LEGION LAKE
IMPROVEMENTS. C.L. 476.
H. CONSIDERATION OF A REQUEST TO RELOCATE AN ILLUMINATED
SIGN AT WALSER BUICK. C.L. 477.
I. ESTIMATE #2, BITUMINOUS ROADWAYS, C.P. 803. $26,583.21.
Council Meeting Minutes -4- December 9, 1985
J. ESTIMATE #3, RI-CHARD KNUTSON, INC., 76TH AND WASHBURN
STORM DRAINAGE IMPROVEMENTS - $49,704.89.
K. ESTIMATE #3, EDWARD WATSON CONSTRUCTION CO., SIDEWALK
AND CROSSWALK REPAIR, $273.30.
M/Ludeman, S/Bunce to approve the consent calendar.
Motion carried 5-0.
Item #8 CITY COUNCIL CONSIDERATION OF A DEVELOPERS AGREEMENT
BETWEEN PALSCO, THE DEVELOPERS OF A HAMPTON INN
FRANCHISE PROJECT, THE HRA AND THE CITY OF RICHFIELD.
C.L. 498
City Manager Cartwright announced that the HRA and the City
Council would concurrently hold a meeting at this time to
condider agenda item #8.
City Manager Cartwright reviewed Council Letter No. 498
recommending that both the HRA and the City Council pass
resolutions approving a contract for private development with
PALCSCO, Inc. to build a Hampton Inn at 78th Street and Lyndale
Avenue.
HRA Chairman Harms inquired if the county assessor had
agreed to the staggered EMV indicated in the developers
agreement.
City Attorney LeFevere responded that the assessor had
agreed to this EMV.
Council Member Priebe stated his opposition to the Hampton
Inn project because it provided a minimal contribution to the
tax increment and that it precludes any comprehensive
redevelopment east of Lyndale Avenue.
Council Member Ludeman stated his support for the Hampton
Inn project.
The HRA passed the HRA resolution approving the developers
agreement.
M/Ludeman, S/Sandahl that.the following resolution be
adopted; that it be spread in the resolution book and that it be
made part of these minutes:
RESOLUTION N0. 7118
RESOLUTION APPROVING CONTRACT FOR PRIVATE DEVELOPMENT
WITH PALSCO, INCORPORATED
Motion carried 4-1. (Priebe opposed) This resolution
appears as Resolution No. 7118 in Resolution Book No. 53.
HRA adjourned their meeting at this time.
Council Meeting Minutes -5- December 9, 1985
Item #9 PUBLIC HEARING OF A REQUEST FOR A PLANNED UNIT DEVELOP-
MENT, VARIANCE & SPECIAL USE PERMIT TO CONSTRUCT A FIVE
STORY 135 ROOM HAMPTON INN HOTEL WITH A RESTAURANT AT
78TH STREET & LYNDALE AVENUE. C.L. 489•
Community Development Director Kraft reviewed Council Letter
No. 489 regarding a request for a planned unit development plan,
special use permit, and variance for a Hampton Inn Hotel and
restaurant development at 78th Street and Lyndale Avenue. Mr.
Kraft also indicated that PALSCO, Inc., the applicant,- is
appealing the decision of the hearing examiner to deny the
variance request.
Council Member Sandahl inquired about the timing of the
street improvement in relation to the opening of the hotel,
stating that the .looping of the roads would mitigate the impact
on the adjacent residential area.
Community Development Director Kraft stated that it is
anticipated the hotel will be completed prior to the road
improvements.
Council Member Priebe asked why the city was purchasing
.right of way from the developer.
Community Development Director Kraft stated that the city
was purchasing right of way for the proposed 77th Street and
Lyndale Avenue improvements.
Ruth Larson, 7638 Harriet Avenue, expressed concern
regarding potential increased traffic and crime in the
neighborhood because of the hotel development and urged the
closing of Harriet Avenue at 77th Street as soon as possible.
City Manager Cartwright explained the looped roads or cul-
de-sacs which are planned and indicated it would be possible to
use temporary barricades prior to the street project.
John Vandycke, architect for Hampton Inn, reviewed the site
plans for the proposed development.
Council Member Ludeman stated that the neighborhood should
be involved in the decision regarding loop roads, cul-de-sacs,
and barricades.
City Manager Cartwright indicated this would be the case.
Council-Meeting Minutes -6- December g, 1985
City Attorney LeFevere stated that the council is being
asked to take three. actions:
1) Give first reading to the PUD ordinance and schedule
second reading and the public hearing for January 13,-
1985.
2) Grant a variance for the additional floor area subject
to passage of the PUD ordinance and its publication.
3) Approve the special use permit subject to the following
stipulations:
a) Approval and publication of the PUD ordinance;
b) Lifting of the moratorium ordinance for this
property;
c) Designation of one of the two alternative designs;
and,
d) That the four stipulations in the staff recommenda-
tion are met (page 9-6 of agenda packet).
M/Bunce, S/Ludeman to close the public hearing.
Motion carried 5-0.
M/Bunce, S/Sandahl that this. constitute First Readin
PUD ordinance and that the Public Hearing and Second Rea
the ordinance be scheduled for January 13, 1985.
Motion carried 4-1.
M/Sandahl, S/Bunce to
the PUD ordinance to allo
ant a variance from the standard of
P4/Sandahl, S/Ludeman to approve the special use permit
subject to the following stimulations:
1.) Approval and publication of the PUD ordinance;
2.) Lifting of the moratorium ordinance for this
property;
3.) Designation of one of the two alternative designs (135
Motel units with a free standing restaurant or 146
Motel units without a restaurant);
(Priebe opposed)
of the
ng of
Motion carried 4-1. (Priebe opposed)
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Council Meeting Minutes -7- December 9, 1985
4.) That the required easements for additional right-of-way
along Lyndale Avenue and 77th Street be provided as
required to carry out the planned street
improvements;
5.) That the 78th Street frontage road be vacated;
6.) That a development proceed as shown on-the site plan.
The parking demand should be closely monitored and if a
parking shortage occurs on the site when it is complete
and operating, that a minimum of 13 additional parking
stalls be provided on the site; and,
7.) That the property be platted and that proper pre-
liminary and final plats be filed for city approval.
Motion carried 4-1. (Priebe opposed)
Item #10 PUBLIC HEARING ON THE ISSUANCE OF INDUSTRIAL
DEVELOPMENT REVENUE BONDS ($7,000,000) FOR THE HAMPTON
INN PROJECT. C.L. 490.
Tom LaSalle, representitive of Hampton Inn, stated that the
developer was no longer seeking IDRB funding for the project and
would be proceeding with conventional financing.
City Manager Cartwright stated that no action need be taken
on this item due to this information.
Item #11 HEARING TO CONSIDER RENEWAL OF ON-SALE LIQUOR LICENSES
FOR CHI CHI'S RESTAURANT (CONTINUANCE TO JANUARY 13,
1986). C.L. 478.
City Manager Cartwright recommended continuance of this item
to allow the Public Safety Department more time to complete
their investigation for the Chi Chi's license renewal
application.
M/Ludeman, S/Bunce to
for Chi Chi's Restaurant
meeting.
Motion carried 5-0.
continue the li uor license hearin
o the January 13, 198 council
Council Meeting Minutes
-8-
December 9, 1985
Item #12 HEARING TO CONSIDER RENEWAL OF ON-SALE AND SUNDAY
LIQUOR LICENSES FOR AMERICAN LEGION POST 435•
C.L. 479.
City Manager Cartwright reviewed Council Letter No. 47g
recommending approval for the renewal of the on-sale and Sunday
liquor licenses for Richfield American Legion Post #435.
George Kennealy, attorney for the applicant, requested that
the council grant a waiver of the base investigative fee as
provided by city ordinance 11.06 for both the American Legion
and the VFW. Mr. Kennealy stated. that payment of these fees
reduces the amount available to spend on community programs.
Council Member Ludeman stated that the city currently only
investigates new employees, thus limiting the fee.
Public Safety Director Morgan explained the waiver provision
of the ordinance and the basis of the investigation costs.
Council discussion followed regarding the licensing and
investigation of the veterans organizations.
Council Member Priebe stated that investigations were
necessary and it would be unfair to have the tax payers to fund
the costs if the fees are waived. He noted that only members
could use the facilities.
Richard Christie, Quartermaster of the VFW, stated that
investigations were necessary, but supported waiving of the fees.
M/Ludeman, S/Sandahl to close the public hearing.
Motion carried 5-0.
M/Ludeman, S/Sandahl to
Sundav liouor 1 i cen ge.a`
rove the renewal of the on-sale
Item #13 HEARING TO CONSIDER RENEWAL OF ON-SALE AND SUNDAY
LIQUOR LICENSES FOR FRED BABCOCK VFW POST 5555.
C.L. 480.
City Manager Cartwright reviewed Council Letter No. 480
recommending approval for the renewal of the on-sale and Sunday
liquor licenses for Fred Babcock VFW Post 5555.
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Motion carried 3-2. (Bunce, Hamilton opposed)
Council Meeting Minutes -9- December 9, 1985
M/Bunce, S/Ludeman to close the public hearing.
Motion carried 5-0.
M/Ludeman, S/Priebe to approve the renewal of the on-sale..
and Sunday__liquor licenses for Fred Babcock VFW Post 5555 and to
deny their request to waive the fees.
Motion carried 3-2. (Hamilton, Bunce opposed)
Item #14 HEARING TO CONSIDER RENEWAL OF ON-SALE WINE LICENSE
.AND NON-INTOXICATING MALT LIQUOR LICENSES FOR
DAVANNI'S. C.L. 481.
City Manager Cartwright reviewed Council Letter No. 481
recommending approval of the renewal of the on-sale wine license
and non-intoxicating malt liquor license for Davanni's Inc.
M/Bunce, S/Sandahl to close the ublic hearing.
Mot-ion-carried 5-0.
M/Sandahl, S/Ludeman to_ap rove the renewal of the on-sale
wine and non-intoxicating malt liquor licenses for Davanni's
Inc.
Motion carried 5-0.
Item #15 HEARING TO CONSIDER RENEWAL OF ON-SALE WINE LICENSE
AND NON-INTOXICATING MALT LIQUOR LICENSES FOR THE INN.
C.L. 482.
City Manager Cartwiight reviewed Council Letter No. 482
recommending approval of the renewal of the on-sale wine license
and non-intoxicating malt liquor .license for The Inn Airport.
M/Ludeman, S/Sandahl to close the public hearing.
Motion carried 5-0.
M/Bunce, S/Priebe to approve the renewal of the on-sale wine
and non-intoxicatin malt li uor licenses for Prest Motor Inn
Inc. d b a The Inn Airport.
Motion carried 5-0.
Council Meeting Minutes
-10-
December 9, 19.85
Item #16 HEARING TO CONSIDER RENEWAL OF ON-SALE WINE LICENSE
AND NON-INTOXICATING MALT LIQUOR LICENSES FOR MILLER'S
FIRESIDE PIZZA. C.L. 483.
City Manager Cartwright reviewed Council Letter No. 483
recommending approval of the renewal of the on-sale wine license
and non-intoxicating malt liquor license for Millers Fireside
Pizza.
M/Ludeman,.S/Sandahl to close the public hearing.
wine
Fires
Motion carried 5-0.
M/Bunce, S/Sandahl to ap rove the renewal of the on-sale
and-non-intoxicating mat liquor license or Millers
za.
Motion carried 5-0.
Item #17 HEARING TO CONSIDER RENEWAL OF ON-SALE WINE LICENSE
AND NON-INTOXICATING MALT LIQUOR LICENSES FOR
SHAKEY'S. C.L. 484.
City Manager Cartwright reviewed Council Letter No. 484
recommending approval of the renewal of the on-sale wine license
and non-intoxicating malt liquor license for Shakey's Pizza
Parlor.
M/Ludeman, S/Sandahl to close the public hearing.
Motion carried 5-0.
M/Priebe, S/Bunce to approve the renewal of the on-sale wine
and non-intoxicatin malt li uor license for Northstar Pizza
Inc. d b a Shake 's Pizza Parlor.
Motion carried 5-0.
Item #18 HEARING TO CONSIDER A REQUEST FOR A SPECIAL USE PERMIT
TO OPERATE A MISTER DONUT BAKERY/RESTAURANT AT 6435
LYNDALE. C.L. 485.
City Manager Cartwright reviewed Council Letter No. 485
regarding a request by Five Points Food Service Corporation for
a special use permit to allow the operation of a Mister Donut
bakery/restaurant at 6435 Lyndale Avenue South.
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Council Meeting Minutes -11- December 9, 1985
Dick Lila, Five Points Food Service Corp., spoke in support
of granting the special use permit.
M/Ludeman, S/Sandahl to close the public hearing.
Motion carried 5-0.
M/Sandahl, S/Ludeman to grant a special use permit to Five
Points Food Service Cor oration to o erate a P4ister Donut
bakery restaurant at 435 Lyndale Avenue South.
Motion carried 5-0.
Item #19 HEARING TO CONSIDER. REQUEST FOR A SPECIAL U E P MIT
TO PERMIT A RESTAURANT AT 6509 NICLLET AVENUE.
C.L. 486.
City Manager Cartwright reviewed Council Letter 486
regarding a request for a special use permit to allow a
restaurant at 6509 Nicollet Avenue South in the Richfield
Shoppes North Center.
Ken Manimotto, President of K-Pars Inc. spoke in support of
granting a special use permit for the restaurant and answered
questions regarding odors emitted by cooking.
Council Member Ludeman directed staff to review with the
applicant proposed equipment to minimize odor omissions from the
restaurant.
M/Bunce, S/Priebe to close the public hearing.
Motion carried 5-0.
M/Bunce, S/Priebe to grant a special use permit for a
restaurant at 6509 Nicollet Avenue South.
Item #20 HEARING ON A PLANNED UNIT DEVELOPMENT AND SPECIAL USE
PERMIT TO ALLOW CONSTRUCTION OF AN ARBY'S RESTAURANT
IN THE K-MART PARKING LOT, 6501 LYNDALE AVENUE.
C.L. 487
Community Development Director Kraft reviewed Council Letter
No. 487 regarding a request for a planned unit development plan
amendment and special use permit to allow the construction of an
Arby's Restaurant in the K-Mart parking lot, 6501 Lyndale
Avenue.
Council Meeting Minutes -12- .December 9, 1985
Chuck Nadler, Arby's Restaurants, stated he had examined all
the alternative sites suggested by the council and city staff
and found that none of them met the needs of Arby's. Therefore,
Arby's is requesting the council approval them to relocate to
the K-Mart site..
John Uban, Dahlgren, Shardlow, and Uban, reviewed the Arby's
development concept and it's relationship to Richfield's zoning
ordinance, comprehensive plan, and the LHN Plan.
George Nadler, Arby's Restaurants, reviewed the history of
Arby's in Richfield, it's menu, and it's community involvement.
Dan Rosella, owner of the property located at 400 W. 65th
Street, spoke in opposition to allowing an Arby's Restaurant to
be built on the K-Mart site.
Geraldine Sheehan, 401 W. 64 1/2 Street, stated that this
proposal did not meet the standards of the zoning ordinance nor
the intent of the original PUD. She stated that this project
would create additional traffic and cause a parking shortage.
Betty Carr, 6633 Lynwood Boulevard, spoke in opposition to
the proposal stating it was inconsistent with the goals of the
LHN.
Paul Ekstrand, Executive Director of the Richfield Chamber
of Commerce, reported that the Chamber of Commerce supported the
project.
Tom Miller, 6615 Lakeshore Drive, spoke in support of the
project.
Bill Watson, 6329 Harriet Avenue, spoke in opposition to the
project and stated that people cannot get to the walk buttons
for the signal at 65th Street and Lyndale Avenue because of the
snow.
Linda McCarter, Progress Valley House, stated that Arby's
provides jobs to participants.of their treatment program, thus
providing service to the community.
Dorothy Sheehan, 401 W. 64 1/2 Street, stated that Arby's
had given coupons to those signing a petition in favor o.f the
project.
Larry Woznicska, 6744 Wentworth Avenue, stated his .
opposition to the project because it would change the character
of the LHN and urged that Arby's remain in the Penn/66th area as
an anchor to redevelop that area.
Council Meeting Minutes -13- December g, 1985
Council Member Ludeman stated he opposed allowing a free
standing restaurant on this site; that other acceptable sites
were available; and, that allowing the 12.5 foot setback would
preclude the construction of left turn lanes on 65th Street if
they are needed in the future.
Council-Member Sandahl stated he supported the proposal and
felt that the traffic increase would be minimal.
Council Member Priebe asked if Mr. Nadler would accept the
Planning Commission stipulations.
Chuck Nadler stated that the Planning Commission
stipulations were acceptable to Arby's.
Council Member Bunce spoke in support of the Arby's
proposal.
Mayor Hamilton stated that there was a need for this type of
restaurant in-the area to serve the high rises and apartments
and that Arby's would create a minimal amount of increased
traffic.
City Attorney LeFevere stated that it would require four
affirnative votes to amend the PUD. The city attorney asked for
clarification of the intent of the Planning Commission
stipulation No. 3.
Connie Hoverson, Planning Commission Chair, stated that if
the city determines there is a parking problem, Franchise
Associates, Inc, should be required to close the restaurant and
remove the building.
City Attorney LeFevere indicated that the city council would
make the determination on this issue.
Chuck Nadler, Arby's, stated that they would agree to close
and remove the building. He asked that standards that would
establish when a parking problem existed be written into an
agreement.
M/Bunce, S/Ludeman to close the public hearing.
Motion carried 5-0.
M/Priebe, S/Bunce to approve the planned unit development
plan amendment and s ecial use ermit to allow construction of
an Arby's Restaurant in the K-Mart parkin lot, 501 Lyndale
Avenue sub,'ect to the following sti ulations:
1. That the proposed restaurant design meet the LHN
Urban Design Elements.
Council Meeting Minutes
2. The desi n of the
5th Street and Ly
approved by the Pu
that proper corner
-14- December 9, 1985
berm and landscaping adjacent to
bdale Avenue intersection be
blic Safety Department to insure
visibility is maintained.
3. That Franchise Associates, Inc. agree in writing to
close the restaurant and remove the building if the
city determines that there is a parking problem at a
suture Gate.
Motion carried 4-1. (Ludeman opposed)
Item #21 PUBLIC HEARING ON THE ENVIRONMENT L ASSESSMENT
WORKSHEET FOR THE PROPOSED CDR DEVELOPMENT
(CONTINUANCE TO JANUARY 13, 1986) C.L. 488.
City Manager Cartwright reviewed Council Letter No. 4.88
recommending continuance of the public hearing on the _
Environmental Assessment Worksheet for the proposed CDR
Development to January 13, 1986, because the public hearing
notice for the December 9, 1985, Council Meeting was not
published.
Mark Johnson, Sun -Newspapers, explained why the public
hearing notice had not been published.
M/Sandahl, S/Ludeman to continue the public hearing on the
Environmental Assessment Worksheet for the ro osed CDR
Development to January 13, 198 .
Motion carried 5-0.
Item #22 PUBLIC HEARING AND SECOND READING OF AN ORDINANCE
REGULATING SATELLITE ANTENNAE AND TOWERS. C.L. 491
City Manager Cartwright reviewed Council Letter No. 491
regarding an ordinance amendment regulating satellite antennae
and towers.
M/Ludeman, S/Sandahl to close the public hearing.
Motion carried 5-0.
M/Ludeman, S/Sandahl that this constitute a Second Reading
of Bill 1985-35, that it be published in the official newspaper
and that it be made art of these minutes.
Motion carried 5-0.
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Council Meeting Minutes
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December 9, 1985
Item #23 APPEAL OF HEARING EXAMINER'S DENIAL OF A VARIANCE
REQUEST AT 7045 JAMES AVENUE SOUTH. C.L. 495
Community Development Director Kraft reviewed Council Letter
No. 495 regarding an appeal by Mr. Robert Burg of the hearing
examiners denial of his variance request to build a garage
addition at 7045 James Avenue.
Robert Burg, 7045 James Avenue, spoke in support of granting
the variance.
Bob Jablonski, former neighbor of Mr. Burg, spoke in support
of Mr. Burg's request.
M/Ludeman, S/Sandahl to close the public hearing.
Motion carried 5-0.
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M/Ludeman, S/Bunce to overrule the hearing examiners denial
of the variance and to grant a variance to the rearyard setback
to allow the construction of a garage addition at 7045 James
Avenue.
Motion carried 5-0.
Item #24 CONSIDERATION OF BIDS, MINUTES, AND AWARD OF ONTRA T
FOR STORM DRAINAGE IMPROVEMENTS TO NORBY AND WILSON
PONDS. C.L. 492.
Community Services Director Fondrick reviewed Council Letter
No. 492 recommending the award of contract for storm sewer
improvements for Norby Pond and Wilson Pond be made to Arcon,
Inc. Mr. Fondrick noted that the low bid was $400,000 below the
engineers estimate.
M/Ludeman, S/Priebe that the following resolution be
adopted; that it be spread in .the resolution book and that it be
made part of these minutes:
RESOLUTION N0. 7119
RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR
STORM SEWER AND APPURTENANT WORK
C.P. 708-1564 AND C.P. 708-1565
Motion carried 4-0. (Mayor Hamilton was absent for this
vote. This resolution appears as Resolution No. 7119 in
Resolution Book No. 53.
Council Meeting Minutes
-16- December 9, 1985
Item #25 RESOLUTIONS PROVIDING FOR A REDUCTION IN THE ANNUAL
INTEREST RATE FOR CITY PROJECT N0. 793, 1984 ALLEY
PAVING AND CITY PROJECT N0. 813, STORM SEWER
IMPROVEMENT FOR RICHFIELD STATE AGENCY/MARKET PLAZA.
C.L. 493.
City Manager Cartwright reviewed Council Letter No. 493
recommending a reduction in the annual interest rate for City
Project No. 793 and City Project No. 813, from 9% to 8.581.
M/Sandahl, S/Ludeman that the following resolution be
ado ted; that it be spread in the resolution book and that it be
made part of these minutes:
RESOLUTION N0. 7120
RESOLUTION AMENDING RESOLUTION N0. 7071
ESTABLISHING ANNUAL INTEREST RATE FOR CITY PROJECT N0. ?93,
1984 ALLEY PAVING
Motion carried 5-0. This resolution appears as Resolution
No. 7120 in Resolution Book No. 53.
M/Sandahl, S/Ludeman that the following resolution be
adopted; that it be spread in the resolution book and that it be
made part of these minutes:
RESOLUTION N0. 7121
RESOLUTION AMENDING RESOLUTION N0. 7072
ADOPTING ASSESSMENT ON CITY PROJECT N0. 813
RICHFIELD STATE AGENCY STORM SEWER IMPROVEMENT,
ESTABLISHING ANNUAL INTEREST RATE
Motion carried 5-0.
Item #26 A RESOLUTION AUTHORIZING THE ISSU NCE AND SALE OF
$400,000 INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR THE
ORECK PLAZA PROJECT, 64TH STREET AND LYNDALE AVE.
C.L. 494.
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City Manager Cartwright reviewed Council Letter No. 494
regarding the issuance and sale of $400,000 Industrial
Development Revenue Bonds for the Oreck Plaza Project at 64th
Street And Lyndale Avenue.
il'
RESOLUTION N0. 7122
.RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF
$400,000 COMMERCIAL DEVELOPMENT REVENUE NOTE OF 1985
(ORECK PLAZA PROJECT)
PURSUANT TO MINNESOTA STATUTES, CHAPTER 474
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Council Meeting Minutes
-17-
M/Ludeman, S/Sandahl that the follows
adopted; that it be spread in the resolut
made part of these minutes:
Motion carried 5-0. This resolution appears as Resolution
No. 7122 in Resolution Book No. 53.
Item #27 REQUEST BY RICHFIELD STATE AGENCY FOR THE CITY COUNCIL
TO RECONSIDER THE DENIAL OF AN AMENDMENT TO THE
PLANNED UNIT DEVELOPMENT TO PERMIT THE BUILDING AT
6637 LYNDALE TO REMAIN IN PLACE UNTIL PHASE III OF
THEIR REDEVELOPMENT PROJECT IS COMPLETED. C.L. 496.
Community Development Director Kraft reviewed Council Letter
No. 496 regarding a request by Richfield State Agency for the
city council to reconsider the denial of an amendment to=the
Planned Unit Development Plan to allow the building at 6637
Lyndale to remain in place until Phase III of their
redevelopment is completed.
M/Bunce, S/Ludeman to_ re_c_onsider the previous council action
to deny the amendment to the PUD.
Motion carried 5-0.
Council Member Bunce stated he now supports allowing the
6637 Lyndale Avenue building to remain.
Mayor Hamilton spoke in support of the amendment and stated
that Mr. Kirchner of RSA has agreed to remove the building in
Phase III.
Council Member Priebe stated that he desired to have a
guarantee that Phase III of the RSA Project will occur.
Mayor Hamilton stated that Mr. Kirchner had indicated Phase
III will occur in 3-4 years.
Council Member Ludeman stated it would be inconsistent to
allow Arby's to build in K-Mart's parking lot and not to allow
the 6637 Lyndale Avenue building remain.
December 9, 1985
g resolution be
on book and that it be
Council Meeting Minutes -18- December 9, 1985
M/Ludeman, S/Sandahl to a rove an amendment to the RSA
Planned Unit Development Plan to permit the buildin at 63
Lyndale Avenue_ to remain in place until Phase III of their.
redevelopment proect.
Motion carried 4-1. (Priebe opposed)
Item #28 REQUEST BY PAUL KNUDSON FOR-THE COUNCIL TO RECONSIDER
THE DENIAL OF A SPECIAL USE PERMIT TO ALLOW A SITDOWN
RESTAURANT AT 7724 MORGAN AVENUE. C.L. 497•
City Manager Cartwright reviewed Council Letter No. 497
regarding a request by Mr. Paul Knudson for the council to
reconsider the denial of a special use permit for a restaurant
at 7724 Morgan Avenue.
M/Sandahl, S/Priebe to rec_o_nsider the denial of a special
use permit for a restaurant at 7724 Morgan Avenue.
Motion carried 3-2. (Hamilton, Ludeman opposed)
Paul Knudson spoke in support of granting the special use
permit and presented a petition supporting his proposal.
Discussion followed regarding the possible purchase of the
Viking Center by Walser Buick and the demolition of the
building.
Jim Bergin, 7627 Oliver Avenue, spoke in opposition to
granting a special use permit for Mr. Knudson's restaurant.
M/Priebe, S/Sandahl t_o__set a public hearing to consider the
rantin of a s ecial use ermit to allow a sitdown restaurant
at 7724 MorganAyenue for January 13, 198 .
Motion carried 5-0.
Item #28A CONSIDERATION OF A POLICY REGARDING EXTRAORDINARY
WATER BILLS RESULTING FROM METER CHANGES.
1
Council Member Priebe suggested a policy be considered to
limit a homeowners liability for retroactive charges due to the
malfunction of the city's remote water meter recorders and cited
an example of one homeowner who was billed $500 in retroactive
charges.
Council Meeting Minutes -19- December g, 1985
Council discussion followed regarding whether action should
be taken at this time or if a policy should be considered at the
January 13, 1986, meeting.
Don Frondrick, Community Service Director, suggested that
the council consider this matter on January 13, 1986, at which
time he would have a full report to present.
M/Sandahl, S/Bunce to consider an extraordinar water bill
policy at the January 13, 198 meeting and to direct staff to
provide information and to defer collection of these retroactive
bills until city council consideration..
Motion carried 4-1. (Priebe opposed)
Item #30 CLAIMS AND PAYROLLS
M/Ludeman, S/Priebe that the following claims and a rolls
be ap roved:
RICHFIELD BANK AND TRUST
Checks 6522/6526, 80178/80356 General $ 603,113.97
FIRST WESTERN BANK
Checks 2675/2700 General $3,096,227.08
Checks 6282/6641 Payroll $ 252,306.90
Motion carried 5-0.
ADJOURNMENT
M/Sandahl, S/Ludeman that the meeting adjourn.
Motion carried 5-0.
The meeting was adjourned 10
Date Approved: 1/13/86
Gf~
homas P. Ferber
City Clerk