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05-11-1987CITY OF RICHFIELD, MINNESOTA REGULAR CITY COUNCIL MEETING May 11, 1987 Mayor Pro Tem Garcia stated that Mayor Hamilton and Council Member Sandahl were excused from this meeting. MEMBERS PRESENT: Edwina Garcia, Mayor Pro Tem; Ivan Ludeman; and Martin Kirsch. STAFF PRESENT: James Prosser, City Manager; Steven Devich, Administrative Services Director; Thomas P. Ferber, City Clerk; Donald Fondrick; Community Services Director; Byron Wallace, Community Development Director; Ron Richardson, Police Captain; Pat Coughlin, Assistant, Fire Chief; and Clayton LeFevere, City Attorney. The meeting was called to order by Mayor Pro Tem Garcia at 7:01 .. p.m. PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE Mayor Pro Tem Garcia led the audience in the Pledge of Allegiance. APPROVAL OF MINUTES i Council Member Kirsch stated that the minutes of April 27, 1987 should be amended on page 4, item ~~7, 3rd paragraph, to read May 26 instead of May 25. M/Ludeman, S/Garcia to approve the minutes of the regular city council meeting on April 27, 1987, as amended; and the Study Session Meeting of May 4, 1987. Motion carried 3-0. Item ~1 OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON ANY ITEM NOT LISTED ON THE AGENDA. No one wished to address the council. r Council Meeting Minutes 2 May 11, 1987 Item #2 PRESENTATION OF PROCLAMATION TO THE RICHFIELD CHAMBER OF COMMERCE DESIGNATING MAY 10-16, 1987 AS SMALL ' BUSINESS WEEK IN RICHFIELD. C.L. N0. 132. Mayor Pro Tem Garcia read and presented to Carl McBride, representative of the Richfield Chamber of Commerce a proclamation designating the week of May 10-16, 1987 as Small Business Week in Richfield. Item ~3 COUNCIL APPROVAL OF AGENDA Council Member Ludeman requested that an item be added to the agenda to discuss the status of the property located at 6216 Pillsbury Avenue. Mayor Pro Tem Garcia stated that discussion of 6216 - - -- Pillsbury Avenue will be added to the agenda as Item ~13A. M/Ludeman, S/Kirsch to approve the agenda as amended. i Motion carried 3-0. Item #4 CONSENT CALENDAR - 4. A. APPROVED SALE OF CEDAR LIQUOR STORE REFRIGERATION SYSTEM. C.L. 133. B. APPROVED ILLUMINATED SIGN FOR CUTLER ANIMAL HOSPITAL 7738 COLFAX AVENUE. C.L. 134. C. APPROVED AUTHORITY TO PURCHASE VARIABLE FREQUENCY DRIVE FOR BACK-WASH RECLAIM AT WATER PLANT. C.L. 135. D. APPROVED AWARD OF CONTRACT FOR JOINT CLEANING AND RESEALING. C.L. 136. E. APPROVED AWARD OF CONTRACT FOR SEALCOATING. C.L. 137. F. APPROVED ESTIMATE N0. 1, STANDARD SIDEWALK, INC. 1987 ALLEY PAVING, $84,660.42 G. APPROVED NEW LICENSE-GENERAL AMUSEMENT - (4 MECHANICAL AMUSEMENT AND 3 VIDEO GAMES); CHAMPPS OF RICHFIELD Council Meeting Minutes H. APPROVED 4 VIDEO I. APPROVED TABLES J. APPROVED DEWATERI 3 ~~ May 11, 1987 NEW LICENSE - 2 POOL, 4 MECHANICAL AMUSEMENT, - RICHFIELD TEEN CENTER LICENSE RENEWAL - AMERICAN LEGION - 2 POOL N0. 2, TRUCKER CONSTRUCTION WATER PLANT SLUDGE VG $54,802.39 K. APPROVED FINAL PAYMENT FOR WALK-IN COOLER AT CEDAR LIQUOR STORE, NORTHERN AIR CORP. $13,117.00 L. APPROVED ITINERANT FOOD LICENSE, KAYO OIL, 7700 LYNDALE AND 6744 PENN AVENUE MAY 20-24 ONLY (HOT DOGS, PEPSI) M/Ludeman, S/Kirsch to approve the consent calendar. Motion carried 3-0. Item ~5 SECOND READING AND PUBLIC HEARING TO CONSIDER AN AMENDMENT TO THE CITY CHARTER REGARDING .FILING DATES FOR MUNICIPAL ELECTIVE OFFICE. C.L. 138. City Manager Prosser reviewed Council Letter No. 138 regarding an amendment to the City Charter to make the filing dates for municipal elective office consistent with Minnesota Statutes. He stated that approval of a charter amendment requires the unanimous approval of all council members; therefore, he recommended that the city council open the, public hearing and continue it to the May 26, 1987 city council meeting. M/Ludeman, S/Kirsch to continue the public hearing and second reading of the proposed charter amendment regarding filing dates for municipal elective office to the May 26, 1987 city council meeting. Motion carried 3-0. Item ~6 AMENDMENT TO REZONE THE PROPERTY AT 6945 PENN AVENUE FROM MULTIPLE RESIDENCE MR-2 DISTRICT TO LIMITED BUSINESS C-1 DISTRICT TO CONSTRUCT A ONE STORY DENTAL OFFICE. C.L. N0. 139. City Manager Prosser reviewed Council Letter No. 139 regarding consideration of an ordinance amendment to rezone the property at 6945 Penn Avenue from MR-2 multiple residence to C-1 limited business. Council Meeting Minutes 4 ~. May 11, 1987 Donald Johnson, who has proposed to build a dentist office on the site, stated that ~0 of the 45 residents within 350 feet of the site had signed a petition in favor of his plan. Council Member Kirsch asked the reason why the two adjacent properties to the east and the property to the south had not signed the petition. Mr. Johnson responded that the owners of the properties to the east had indicated they did not wish to discuss the proposal with him and that no one answered the door at the property located south of the site. At the request of Council Member Ludeman, City Manager Prosser reviewed the permitted uses in a C-1 district. Larry Stein, 8001 12th Avenue, stated he owned property at 7015-7020 Penn Avenue and was not opposed to the dental clinic. However, he stated this would be spot zoning and the council should consider the rezoning of all properties along Penn Avenue. He also stated that the HRA should obtain a higher. purchase price to recover the costs of involvement with the property. He questioned why the city was initiating the rezoning. City Manager Prosser responded that the city will be reimbursed for it's cost by an agreement with Mr. Johnson and that HRA pursued purchase of the property to facilitate development. City Attorney LeFevere stated that there are two ways to initiate the rezoning of a property in Richfield: 1) Petition by the property owner and 2) city council initiation of the process. He stated in this case there is not really a property owner and the city council has initiated the rezoning process. Mayor Pro Tem Garcia and Council Member Ludeman stated support for the project 'and it's compatibility with the neighborhood. M/Kirsch, S/Ludeman that this constitute the First Reading of this ordinance and that the Public Hearing and Second Readin of the ordinance be scheduled for the June 8, 1987 city council meeting. Motion carried 3-0. Council Meeting Minutes 5 May 11, 1987 Item #7 AMENDMENT TO REZONE THE PROPERTY AT 6229-31 PILLSBURY AVENUE FROM SINGLE FAMILY RESIDENTIAL "R" DISTRICT TO MULTIPLE RESIDENCE MR-1. C.L. N0. 140. City Manager Prosser reviewed Council Letter No. 140 regarding a request by Mr. & Mrs. Duane Mumm for approval of an ordinance amendment to rezone the property at 6229-31 Pillsbury Avenue from single family residential MR-1 to multiple residence MR-1. He stated that the staff and the Planning Commission recommended denial of this request. Mrs. Mumm, 6229-31 Pillsbury Avenue, stated that because the duplex is a nonconforming use in an R district, her mortgage lender will not approve refinancing unless the property is rezoned to MR-1. Council Member Ludeman noted that a duplex is the most intensive use allowed in a MR-1 district. _ _ ,_ Mayor Pro Tem Garcia stated that the duplex had been located on the site for thirty years and that the zoning issue is causing a financial burden for the Mumm's. City Attorney LeFevere stated the duplex was probably built at a time when the Richfield zoning ordinance allowed the construction of a duplex in a residential district if the lot was large enough. M/Kirsch, S/Ludeman that this constitute the First Readin of'this ordinance and that he Public Hearing and Second Reading of the ordinance be scheduled for the June 8, 1987 city council meeting. Motion carried 3-0. City Manager Prosser stated that the motion rejected the staff's recommendation for denial of the rezoning request and set the date for a public hearing and second reading of an ordinance to rezone the property at 6229-31 Pillsbury Avenue. Council Meeting Minutes 6 May 11, 1987 Item #8 AMENDMENT TO VACATE THE EASTERLY PORTION OF THE ALLEY BETWEEN BLOOMINGTON AVENUE AND 16TH AVENUE AND REZONE THE NORTHERLY PORTION OF 6528 16TH AVENUE FROM 'R' SINGLE FAMILY RESIDENCE TO 'C-2' GENERAL COMMERCIAL TO CONSTRUCT A THREE STORY 15 UNIT APARTMENT BUILDING FOR THE ELDERLY. C.L. N0. 141. City Manager Prosser reviewed Council Letter No. 141 regarding a proposed ordinance amendment to vacate a portion of the alley between Bloomington Avenue and 16th Avenue north of 66th Street and to rezone the northerly 20 feet of the lot at 6528 16th Avenue from R single family residence to C-2 general commercial to allow the construction of a three story 15 unit apartment building for the elderly. Council Member Kirsch stated that after reviewing this matter with City Attorney LeFevere, as President of Mt. Calvary Lutheran Church, he is requesting that the council allow him to abstain from discussion and voting on this issue in order that there not be a conflict of interest. City Attorney LeFevere stated that the bylaws of the city council provides that members of the city council must vote on matters unless they are excused by their fellow council members. M/Ludeman, S/Garcia t in from discussion an Motion carried 2-0. (Kirsch abstained) ~J City Attorney LeFevere recommended that this item be laid over until the next city council meeting because only two members could vote. M/Ludeman, S/Garcia to reschedule consideration of an ordinance amendment to vacate the easterly half of he alle between Bloomington Avenue'and 16th Avenue,~north of 66th Street and to rezone the northerl portion of 6528 16th Avenue from R single family residence to C-2 cleneral commercial to the May 26, -..--- 1987 city council meetino. Motion carried 2-0. (Kirsch abstained) i I ~- allow Council Member Kirsch to voting on this issue. Council Meeting Minutes 7 ~~ May 11, 1987 Item ~9 FIRST READING OF AN ORDINANCE TO REVISE THE BOUNDARIES OF THE AREA COVERED BY THE ILN MORATORIUM. C.L. N0. 142. City Manager Prosser reviewed Council Letter No. 142 regarding a proposed ordinance which would revise the boundaries of the area covered by the ILN building permit moratorium. M/Ludeman, S/Kirsch t of, this ordinance and that of,the ordinance be schedu meeting. at this constitute the First Reading the Public Hearing and Second Readin ed for the June 8, 1987 city council Motion carried 3-0. Item #10 CONSIDERATION OF A RESOLUTION APPROVING OFFSTREET PARKING PERMIT FOR UNITED METHODIST CHURCH OF PEACE. C.L. 143. City Manager Prosser reviewed Council Letter No. 143 Recommending approval of an offstreet parking permit for United Methodist Church of Peace, 6345 Xerxes Avenue, subject to the following stipulations: 1) That a drainage plan be submitted which includes on-site catch basins to be approved by the city engineer. 2) That perimeter curbing be provided as required by city ordinances. 3) The width and radius of the curb cuts meet the city requirements. Don Davis, Co-Chair of the Church Building Committee, stated his agreement to the stipulatiohs. M/Ludeman, S/Kirsch that the followin resolution be adopted; that it be spread in the resolution ook and that it be made part of these minutes: RESOLUTION N0. 7298 RESOLUTION APPROVING OFFSTREET PARKING PERMIT IN ACCORDANCE WITH APPLICATION 87-4 UNITED METHODIST CHURCH OF PEACE • 6345 XERXES AVENUE SOUTH Motion carried 3-0. This resolution appears as Resolution No. 7298 in Resolution Book No. 55. Council Meeting Minutes 8 ~:~ May 11, 1987 -, Item #11 CONSIDERATION OF A RESOLUTION APPROVING OFFSTREET PARKING AMENDMENT FOR LYNDALE HARDWARE, 6616 LYNDALE AVENUE. C.L. N0. 144. City Manager Prosser reviewed Council Letter No. 144 regarding a request by Lyndale Hardware, 6616 Lyndale Avenue, for an amendment to their offstreet parking permit to allow them to construct a 35 foot by 44 foot outdoor storage area on the west side of the building which would result in three parking stalls being difficult to access. Ron Herington, manager of Lyndale Hardware, stated that he would agree to designate the three parking stalls for employee parking. M/Ludeman, S/Kirsch to apQrove an amendment to .the offstreet arking permit of Lyndale'Hardware, 6616 Lyndale"Avenue ._ to allow he construction of a 35 foot b 44 foot outdoor stora a area on h_e west of the building with the stipula ion that the three arking stalls immediately north of the storage enclosure be esigna~ted for emplovee parkino. Motion carried 3-0. Item #12 CONSIDERATION OF A RESOLUTION APPROVING AN OFFSTREET PARKING AMENDMENT FOR WOODLAKE LUTHERAN CHURCH. C.L.145 City Manager Prosser reviewed Council Letter No. 145 regarding a request by Woodlake Lutheran Church for an offstreet parking permit for the site at 7525 Oliver Avenue. Don Rich, representing Woodlake Lutheran Church, stated that he was not sure what was expected by the staff's stipulation that additional landscaping for the lot area adjacent to Oliver and Newton Avenues be provided. City Manager Prosser suggested that Mr. Rich meet with Community Development Director Wallace regarding the landscaping requirements. Council Meeting Minutes 9 May 11, 1987 M/Ludeman, S/Kirsch that the following resolution be adopted; that it be spread in the resolution book and that it made part of these minutes: RESOLUTION N0. 7299 RESOLUTION APPROVING OFFSTREET PARKING PERMIT IN ACCORDANCE WITH APPLICATION 87-5 WOODLAKE LUTHERAN CHURCH 7525 OLIVER AVENUE SOUTH Motion carried 3-0. This resolution appears as Resolution No. 7299 in Resolution Book No. 55. Item #13 CONSIDERATION OF A RESOLUTION PROPOSING AN AMENDMENT TO THE CHARTER REGARDING PURCHASES AND CONTRACTS. C.L. 146 City Manager Prosser reviewed Council Letter No. 146 recommending that the city council refer a proposed City Charter Amendment regarding purchases and contracts to the Charter Commission for review and recommendation. M/Kirsch, S/Ludeman that the followin resolution be adopted; that it be spread in t e resolution book and that it be made part of these minutes: RESOLUTION N0. 7300 A RESOLUTION PROPOSING AN AMENDMENT TO THE CITY CHARTER Motion carried 3-0. This resolution appears as Resolution No. 7300 in Resolution Book No. 55. Item #13A DISCUSSION OF 6216 PILLSBURY AVENUE. Council Member Ludeman stated that the property•at 6216. Pillsbury Avenue had not been lived in for some time and the lawn had not been maintained. He asked what the city can do to assure the maintenance of the property. City Manager Prosser stated he would investigate the ownership of the property and what actions can be taken. City Attorney LeFevere reviewed the nuisance abatement process. City Manager Prosser reviewed the approach city staff uses in addressing "critical buildings". Council Meeting Minutes 10 May 11, 1987 Item #14 REPORT ON STATE AND FEDERAL LEGISLATIVE MATTERS City Manager Prosser read a letter from Congressman Martin Sabo in response to Richfield's concern about cuts in federal funding far local government programs. He also read a letter from State Senator Michael Freeman in response to Richfield's opposition to permitting grocery stores to sell wine and beer. Item #15 COUNCIL DISCUSSION ITEMS None Item #16 CLAIMS AND PAYROLLS M/Ludeman, S/Kirsch that the following_ claims and_payrolls be approved: RICHFIELD STATE BANK Checks 8533/8585, 89349/89599 $942,751.53 FIRST WESTERN BANK Checks 3632/3655 $798,232.36 Checks 2936/2960, 3536 Payroll $290,690.05 4236/4584 Motion carried 3-0. ADJOURNMENT M/Ludeman, S/Kirsch that the meeting adjourn. Mn~ i nn norri orl ~_n _ The meeting was adjourned at 7:55 p.m Date Approved : 5/26/87 E A Thomas P. Ferber _ City Clerk i / =1 ~-- wins ~~rci~-~ Mayor Nro rem grosser Manager