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06-23-1986CITY OF RICHFIELD, MINNESOTA REGULAR CITY COUNCIL MEETING June 23, 1986 1 MEMBERS PRESENT: John Hamilton, Mayor; Ivan Ludeman; Michael Sandahl; Martin Kirsch; and Edwina Garcia. STAFF PRESENT: Steven Devich, Acting City Manager; Thomas P. Ferber, City Clerk; Donald Fondrick, Community Services Director; Dennis Kraft, Community Development Director; Thomas Morgan, Public Safety Director; and John Dean, Assistant City Attorney. The meeting was called to order by Mayor Hamilton at 7:00 p.m. PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE Mayor Hamilton led the audience in the Pledge of Allegiance. APPROVAL OF MINUTES M/Sandahl, S/Kirsch to approve the minutes of the regular city council meeting of June 9, 1986; the Board of Review meeting of June 2, 1986; and the Board of Review meeting of June 16, 1986. Motion carried 5-0. Item #1 PRESENTATION OF THE MISS RICHFIELD 1986 CANDIDATES. C.L. 240. Mayor Hamilton presented Certificates of Appreciation to Miss Richfield 1986 candidates Sarah Birch, Betty Covington, Susan Froemming, Nancy Oksness, Tammy Peare, Julie Swenson, Jennifer Thompson, and Jennifer Tolrud for their participation in -the Richfield Fourth of July celebration. Council Minutes -2- June 23, 1986 Item #2 PRESENTATION TO THB DIR$CTOR OF ADMINISTRATIVE SBRVICES AND THE FINANCE MANAGBR OF A DISTINGUISHED BUDGET PItBSSNTATION AWARD RBCEIVBD BY THB CITY FROM THE GOV$RNMBNT FINANCE OFFICERS ASSOCIATION. C.L. 241. Mayor Hamilton presented the Award for Distinguished Budget Presentation from the Government Finance Officers Association (GFOA) to Acting City Manager Devich. Acting City Manager Devich accepted the award on behalf of the city and commended the city staff, especially the Department Directors, and Jean Mitchell, Finance Manager, for attaining this award. ~~ u Item #3 OPPORTUNITY FOR CITIZENS TO ADDRESS THB CITY COUNCIL ON ANY ITEM NOT LISTED ON THE AGENDA. Lois Lovedal, 7644 Newton Avenue, stated she had heard rumors regarding the expansion of I494 and inquired if this issue was on tonight's agenda. Mayor Hamilton stated that a I494 Corridor Study was being conducted and that after completion of this study, meetings will be held to consider the I494 issue, but that it was not on this agenda. Item #4 COUNCIL APPROVAL OF AGENDA M/Ludeman, S/Garcia to approve the agenda. Motion carried 5-0. Item #5 CONSENT CALENDAR A. APPROVAL OF A REQUEST FOR"PERMIT FOR TEMPORARY SIGNS AT UNION 76 STATION, 601 EAST 66TH STREET. C.L. 242. Council Minutes -3- June 23, 1986 B. APPROVAL OF CONSIDERATION OF AGREEMENT SIMPLIFYING SPECIAL ASSESSMENT BILLING PROCEDURES FOR THE LAKE SHORE DRIVE CONDOMINIUM ASSOCIATION. C.L. 243. C. APPROVAL OF AGREEMENT WITH THE CITY OF MINNEAPOLIS FOR PARTICIPATION IN URBAN CORPS PROGRAM. C.L. 244. D. APPROVAL OF FINAL PAYMENT FOR REMOVAL AND REPLACEMENT OF WELL PUMP NO. 7, MARK J. TRAUT WELLS - $17,383.31. M/Ludeman, S/Sandahl to approval the consent calendar. Motion carried 5-0. Item #6 SECOND READING OF AN ORDINANCE TO VACATE THE~ALLEY BETWEEN 65TH STRBET AND 66TH STREET AND 19TH AND 20TH AVENUE {HEARING TO BB CONTINUED TO JULY 14, 1986). C.L. 245. Acting City Manager Devich reviewed Council Letter No. 245 recommending that the city council acknowledge the publication of the public hearing for an ordinance to vacate the alley between 65th and 66th Streets and 19th and 20th Avenues and continue the hearing to July 14, 1986 to allow city staff to work with the applicants to resolve a fire exit issue connected with this vacation process. M/Ludeman, S/Sandahl to continue the public hearing for an ordinance to vacate the alley between 65th Street and 66th Street and 19th and 20th Avenue to the July 14, 1986 city council meeting. Motion carried 5-0. Item ~7 ACHNOWLEDGMBNT OF PUBLIC HEARING NOTICE RELATING TO THB VACATION OF AN ALLEY BOUNDED BY 73RD STRBBT, 74TH STREET, GRAND AVENUE, AND HARRIET AVENUE (PETITION TO VACATE NOT ACCEPTED BY COUNCIL, NO HEARING WILL BB HELD). C.L. 246. Acting City Manager Devich reviewed Council Letter No. 246 stating that because of publishing deadlines for legal notices, a notice setting a public hearing and second reading of an ordinance to vacate half the alley bounded by 73rd Street, 74th Street, Grand Avenue, and Harriet Avenue for June 23, 1986 was Council Minutes -4- June 23, 1986 published in the official newspaper. Acting City Manager Devich stated that because the council denied the petition for vacating the alley on June 9, 1986, it is recommended that the city council acknowledge the public notice for the hearing and take no further action on this matter. M/Garcia, S/Kirsch to close the public hearing and take no further action on the alley vacation. Motion carried 5-0. Item #8 PUBLIC HEARING ON A REQUEST TO REZONE THE SITB AT 2500 AND 2516 WEST 66TH STREET FROM R SINGLE FAMILY RESIDENTIAL TO PMR PLANNED MULTIPLE RESIDENTIAL ZONING TO ALLOW THE LOUISE WHITBECH ERASER SCHQOL TO CONSTRUCT A 30-UNIT APARTMENT FOR DEVELOPMENTALLY DISABLED ADULTS ON THE SITE AND A REQUEST FOR A PLANNED UNIT DEVELOPMENT PLAN. C.L. 247. Acting City Manager Devich reviewed Council Letter No. 247 regarding the public hearing and second reading for an ordinance to rezone the. property located at 2500 and 2516 West 66th Street from R single family residential to PMR planned multiple residential zoning to allow the Louise Whitbeck Fraser School to construct a 30-unit apartment for developmentally disabled adults on the site and a request for approval of a Planned Unit Development Plan. Community Development Director Kraft reviewed the site plan of the proposed project, noting that the plan now shows an increased buffer area with a reduced amount of parking spaces. He stated the council was to be asked to take three actions: 1. Conduct a public hearing and approve on Second Reading an ordinance to rezone 2500 and 2516 West 66th Street from R to PMR; Z. Approve a Planned Unit Development Plan subject to the four staff stipulations; 3. Authorize the amendment of the Comprehensive Plan to show the site as high density residential so that the Comprehensive Plan will be consistent with the zoning of the site. Community Development Director Kraft also indicated that Mr. Mrs. McAloon, 6533 Sheridan Avenue, have suggested that the possibility of reorientation of the building on the site be explored by the developer. Council Minutes -5- June 23, 1986 Council Member Ludeman expressed concern that the number of parking spaces had been reduced from 39 to 15 and that future uses on the site would need more parking. Mayor Hamilton directed staff to investigate Hennepin County's acquisition of this property and determine if more trees can be saved. Community Development Director Kraft stated that because the residents of the apartment would not drive, fewer parking spaces are necessary. In addition, the staff is recommending that council stipulate that the applicant provide additional parking on the site if the city determines it is needed in the future. Bob Gunderson, attorney for the Fraser Community Services Apartment Project, stated that they are willing to discuss the building orientation suggestion and landscape buffering with the city. Nan Corazalla, 2412 West 66th Street, stated that the rezoning would be detrimental to her property and that Hennepin County was also taking additional land for 66th Street resulting in a loss of trees and landscaping to the property. Emil Mattila, 6527 Sheridan Avenue, reviewed the accident statistics and traffic volumes on 66th Street in the vicinity of Sheridan Avenue. Because of the high accident rate and high traffic volumes, he stated that this site was not appropriate for this type of housing. Paul Knutson, Minneapolis, stated his support for assimilating the developmentally disabled into the community through this type of housing project. Sheilla Mattila Flanders stated she had Sheridan Avenue for 20 years and stated that building was inappropriate for the lot. She site presented health and safety problems to residents because of its proximity to 66th S' other locations were available that would be close to shopping and transportation. previously lived on the size of the stated that this the proposed treet. She stated safer and still be Steve Carroll, 6526 Sheridan Avenue, stated that this location was not the only place Fraser Whitbeck could build with the HUD funding and stated his opposition to the rezoning of the site. Paul Kasmides, 2516 West 66th Street, stated that the project would have a positive impact on the community by increasing the tax base, acting as a buffer between 66th Street and the neighborhood, and establishing Richfield's leadership in providing this type of housing opportunity. Council Minutes -6- June 23, 1986 Myrna Hammer, 6345 Grand Avenue, Chairperson of the Human Services Commission Serving Seniors and Disabled, stated that this Commission has endorsed and supports the Fraser project. Todd Spinner, 2609 West 66th Street, stated that the site was not a good place for housing and allowing variances for the project would set a bad precedent. Council Member Ludeman stated his opposition to the proposed parking layout and his disappointment that Fraser did not pursue the purchase of the property to the east to provide a larger site. M/Garcia, S/Sandahl to close the public hearing, Motion carried 5-0. M/Kirsch, S/Garcia that (A) this constitute a Second Reading of Bill No. 1986-10. that it be published in the official newspaper and that it be made part of these minutes; B) the Planned Unit Development. Plan for the site located at 2500 and 2516 West 66th Street is approved subiect to the following stipulations: 1. That the applicant submit additional design detail of the north boundary of this site to demonstrate that a sufficient screen and buffer is provided between the site and the adjacent single famil residential properties; 2. That a final-drainage plan be submitted to the city engineer for approval; 3. That the applicant provide additional parking on the site as indicated if the city determines that additional parking is needed in the future; 4. That the applicant complete a shadow analysis to confirm that there will be no significant effect on adjacent properties; 5. That the applicant explore the feasibility of reorienting the location of the building on the site; and, Council Minutes -7- June 23, 1986 (C) authorize city staff to transit to the Metropolitan Council a proposed amendment to the Comprehensive Plan to change the designation of the site located at 2500 and 2516 West 66th Street from medium density buffer to high density residential for their review and comment. Motion carried 4-1. (Ludeman opposed). Item #9 PUBLIC AWAKING ON A REPWAL OF A VARIANCE RWQUWST BY WALSWR CORPORATION CONCERNING THE PROPWRTY AT 7700 TO 7750 MORGAN AVENUW, 7701 NWWTON AVENUE AND 2002-2026 WEST 78TH STREWT TO CONSTRUCT A NEW AUTOMOBILW SALES 3WRVICE BUILDING WITHIN FIVE FWWT OF THE MORGAN ,AVENUE RIGHT-OF-WAY. C.L. 248. Acting City Manager Devich reviewed Council Letter No. 248 regarding an appeal of the denial of a variance request by Walser Corporation relating to the property at 7700 to 7750 Morgan Avenue, 7701 Newton Avenue, and 2002-2026 West 78th Street to construct a new automobile sales and service building within five feet of the Morgan Avenue right-of-way. Community Development Director Kraft reviewed the site plan of the proposed project and recommended that the council continue the hearing to July 14 to allow staff to obtain further information necessary to further evaluate the parking issue. Dick Sjoquist, representing Walser Corporation, stated that Walser had scaled down the project and changed the location of the building in response to the concerns of the neighboring property owners. Paul Ragatz, 7624 Oliver Avenue, spoke in opposition to the expansion of the Walser dealership due to the problems that it had caused on the adjacent streets. Lorie Bilbee, 7628 Oliver Avenue, stated that employees of Walser had been observed working on cars, littering and test driving cars on Oliver Avenue creating a disturbance to the residents of the area. Ron Leviton, 7644 Oliver Avenue, related several incidents that he observed that created disturbances in the neighborhood which were a result of the Walser dealership. Dick Sjoquist, Walser Corporation, stated that the proposed expansion would provide increased parking for employees and customers on the Walser site, thus, solving the problem of parking on adjacent residential streets. Council Minutes -8- June 23, 1986 Mayor Hamilton asked that Mr. Sjoquist meet with Community Development Director Kraft to verify what information is necessary for further consideration of this matter. M/Kirsch, S/Garcia to continue the public hearing for the appeal by Walser Corporation of a variance denial to construct a new automobile sales and service building within five feet of the Mor an Avenue right-of-way on the property located at 7700 to 7750 Morgan Avenue, 7701 Newton Avenue, and 2002-2026 West ?8th Street to the July 14, 1986 council meeting. Motion carried 5-0. Itea #10 ORDINANCE AMENDMENT RELATED TO TA%ICAB DRIVER LICENSING DELETING TAE REQUIREMENT THAT DRIVERS MUST BE U.S. CITIZENS. C.L. 249. Acting City Manager Devich reviewed Council Letter No. 249 regarding an ordinance amendment related to taxicab driver licensing which would delete the requirement that a taxicab driver must be a United States citizen. M/Sandahl, S/Ludeman that this constitute the First Reading of this ordinance amendment and that the Public Hearing and Second Reading_of the ordinance amendment be scheduled for July 14, 1986. Motion carried 5-0. Item #11 CONSIDERATION OF A RESOLUTION GRANTING A TEMPORARY VARIANCE FOR THE PROPERTY LOCATED AT 7645 EMERSON AVENUE. C.L. 250. Public Safety Director Morgan reviewed Council Letter No. 250 regarding the consideration of council actions relating to the non-conforming structure located at 7645 Emerson Avenue. Public Safety Director Morgan recommended that the city council adopt a resolution granting a temporary variance for the property at 7645 Emerson Avenue. Mark Jorland, 7644 Dupont Avenue, stated that the city council should require Mr. Saeger to remove the dormer since it was built illegally without a building permit. Council Minutes -9- June 23, 1986 Donald Saeger, 7645 Emerson Avenue, stated he had attempted to move the structure to conform with the building setbacks but could not get a permit because of the I/L/N Moratorium. He stated he felt he was not treated fairly because he was directed to bring the building into compliance, but could not be issued the permits to do so because of the moratorium. M/Garcia, 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 NO. 7178 RESOLUTION GRANTING TEMPORARY VARIANCE 7645 EMERSON Motion carried 5-0. This resolution appears as Resolution No. 7178 in Resolution Book No. 54. Item #12 CONSIDERATION OF AN AGRBBMBNT TO PERMIT BMX RACES AT THB BM% TRACH AT TAFT PARR. C.L. 251. Acting City Manager Devich reviewed Council Letter No. 251 stating that based upon information from the League of Minnesota Insurance Trust and the information gathered on the insurance certificate presented by the proposed promoter of the BMX events, the-city staff recommends that no organized BMX activity be allowed on the BMX track and that the city demolish the BMX track and eliminate the potential liability of the track. Council Member Sandahl stated that the council had no choice but to close the track because of the insurance costs and liability risks. He stated that BMX was a good activity for youth and one that his own children participate, but the city cannot afford to maintain the existence of the track. Mayor Hamilton stated the liability issue made it impossible for the city to keep the track open. Tom Ogdahl, 4200 Standish Avenue, stated he supported keeping the track open to operate and promote BMX events and reviewed the benefits of BMX racing for the youth of the area. Dave Fisher stated that he is a promoter and operator of BMX events and that the insurance certificate presented to the city has been sufficient at tracks located around the metropolitan area. Council Minutes -10- June 23, 1986 Acting City Manager Devich stated that the insurance certificate submitted by Mr. Fisher named Pacific International Insurance Company as the carrier, which is not licensed to do business in the State of Minnesota nor does the company have an AM Best rating. Therefore, it would not be in the city's interests to accept the insurance coverage submitted. Acting City Manager Devich stated that even if their insurance was acceptable, it would not solve the liability issue for the city when the track is not being used by the proposed operator. M/Ludeman, S/Garcia that no organized BMX activity be allowed on the BMX track and~that the city demolish the BMX track and eliminate the potential liability. Motion carried 5-0. Item #13 CONSIDERATION OF A SUBORDINATION AGRBBMBNT WITH TWIN CITY FEDERAL SAVINGS AND LOAN RELATING TO FINANCING FOR WOODLASE POINT CONDOMINIUM. C.L. 252. Acting City Manager Devich reviewed Council Letter No. 252 recommending the approval of an amendment to the Subordination Agreement with Twin City Federal Savings and Loan relating to the financing for the Woodlake Point Condominium. Assistant City Attorney Dean reviewed the amendment submitted by the developer noting that minor non-substantive changes had been made in the draft agreement. M/Ludeman, S/Sandahl to approve the amendment to the Subordination Agreement with Twin City Federal Savings and Loan which provides for the financing of the Woodlake Condominium Pro.i ect . Motion carried 5-0. Item #14 COUNCIL DISCUSSION ITEMS 1 14A. 77TH 3TRBET/HAMPTON INN TRANSP(J-RTATION PLAN Council Member Ludeman inquired about the status of the 77th Street/Hampton Inn Transportation Plan. Council Minutes -11- June 23, 1986 Acting City Manager Devieh stated the staff is working with the city's consultant, BRW, on a proposal to possibly utilize some of the tax increment from the Hampton Inn project to make certain phases of the 77th Street improvements feasible. He stated the alternatives would be presented to the city council on July 14, 1986. 14B. TRANSIBNT MERCHANT RBGULATION ~I Council Member Garcia asked that consideration of the Chamber of Commerce's concern regarding the regulation of transient merchants in Richfield be put on the July 14, 1986 council agenda. Item #15 CLAIMS AND PAYROLLS M/Ludeman, S/Sandahl that the following claims and payrolls be ateproved RICHFIELD STATE BANK Checks 72800/73280, 83485/83704 ~'IRS~i~VESTERN Checks 30540/30680 Checks 11441/11877 MINNESOTA FEDERAL Checks 10390/10400 Motion carried 5-0. Payroll $ 797,577.51 $ 572.,271.28 $ 276", 030.71 $ 19,000.00 Council Minutes -12- June 23, 1986 ADJOURNMENT M/Kirsch, S/Garcia that the meeting ad.iourn. Motion carried 5-0. The meeting was adjourned at 9:05 Date Approved • 7-14-86 1-/0~' , . ~~=+.~ Thomas P. Ferber City Clerk 1 Acting City Manager