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06-11-1990CITY OF RICHFIELD, MINNESOTA REGULAR CITY COUNCIL MEETING June 11, 1990 I ~ ul MEMBERS PRESENT: Steven Quam, Mayor; Martin Kirsch; and Michael Sandahl. MEMBERS ABSENT: Ivan Ludeman; Edwina Garcia 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; Jack Erskine, Public Safety Director; and John Dean, City Attorney. The meeting was called to order by Mayor Quam at 7:00 p.m. PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE Mayor Quam led the audience in the Pledge of Allegiance. APPROVAL OF MINUTES M/Sandahl, S/Kirsch to approve the regular City Council Minutes of May 14, 1990. Motion carried 3-0. Item #1 PRESENTATION OF CERTIFICATES OF APPRECIATION TO THE 1990 MISS RICHFIELD CANDIDATES. C.L. NO. 138 The 1990 Miss Richfield candidates Lynette Blevins, Francine Eid, Carol Gronner, Gail Hoppe, Kelly Kispert,-Kathy Lindstrom, Jill McKusick, Heather Meiers, Rhonda Paquette, Gina Rae Senske, Cheryl Strother, and Cathy Sulla introduced themselves to the City Council. The City Council presented certificates of appreciation to the candidates for their participation in this community event. The 1989 Richfield Royalty Princess Cindy Zubick, Princess Christine Hendrickson, and Queen Elisa Holton reviewed their activities of the past year. Council Meeting Minutes -2- June 11, 1990 Item #2 PRESENTATION OF CERTIFICATE OF RECOGNITION FROM SENIOR COMMUNITY SERVICES. C.L. NO. 139 Mayor Quam stated that this item would be rescheduled for the June 25, 1990 City Council Meeting. Item #3 OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON ANY ITEM NOT LISTED ON THE AGENDA. Scott Johnson, 6630 Portland Avenue, presented a petition (Clerk's File No. C-312) with 450 signatures in opposition to the proposed widening of the 66th Street and Portland Avenue intersection to provide left turn lanes with a median. He stated the following reasons for opposing the project: 1) These changes will lower the quality of life in Richfield. 2) There are no economic advantages. 3) Other highway changes have not been considered. 4) The proposal is more destructive than the problem warrants. 5) More time is needed for consideration of this plan. 6) If this change is part of an overall plan to upgrade 66th Street, more consideration should be given to the overall plan. Mayor Quam stated that a third neighborhood meeting - regarding the proposed 66th Street and Portland Avenue Improvement Project will be held on June 14, 1990 at 7:00 P.M. for further input from citizens. Audrey Hanson, 7230 Lyndale Avenue, expressed concern about the use and condition of the property located at 7234 Lyndale Avenue South. City Manager Prosser indicated the City would review the condition of the property. Don Priebe, 7225 Bloomington Avenue, stated his concern that the City Council did not hold public hearings regarding the Bond Referendum. He suggested that perhaps the City Charter or City Ordinances should be amended to require such hearings. He also stated that he felt the Richfield Sun-Current had not served the community well regarding this issue. Council Meeting Minutes -3- Item #4 COUNCIL APPROVAL OF AGENDA M/Kirsch, S/Sandahl to a~nrove the agenda. Motion carried 3-0. Item #5 CONSENT CALENDAR June 11, 1990 A. APPROVED A RESOLUTION IMPLEMENTING AN INCREASE IN MONTHLY MAXIMUM HEALTH INSURANCE CONTRIBUTIONS OF $10.00 PER MONTH TO $210.00 FOR GENERAL SERVICES AND MANAGEMENT EMPLOYEES. C.L. N0. 140 RESOLUTION NO. 7627 RESOLUTION DESIGNATING CITY'S CONTRIBUTION TOWARD HEALTH INSURANCE PREMIUM FOR GENERAL SERVICES AND MANAGEMENT EMPLOYEES • This Resolution appears as Resolution No. 7627 in Resolution Hook No. 58. H. APPROVED AUTHORIZATION TO EXTEND FIRE SPRINKLERS TO NEEDED AREAS IN CITY HALL IN THE AMOUNT OF $11,810 WITH THE WORK PERFORMED BY MIDWEST FIRE PROTECTION, INC. C.L. 141 C. APPROVED 1990 PURCHASE ORDER TO VISU-SEWER FOR RELINING THE SANITARY SEWER LINE AT 71ST STREET AND OLIVER AVENUE FOR AN ESTIMATED PURCHASE PRICE OF $14,892 C.L. 142 D. APPROVED PAYMENT TO PERSONNEL DECISIONS INC. CHARGES IN THE AMOUNT OF $6,548.49 FOR SERVICES IN RECRUITMENT AND SELECTION PROCESS FOR THE FIRE CHIEF POSITION. C.L. 143 E. APPROVED RESOLUTION RELATING TO 1991 MAINTENANCE ASSESSMENTS, LYNDALE/HUB/NICOLLET (L/H/N) REDEVELOPMENT AREA, CITY PROJECT NO. 862 C.L. 144 RESOLUTION NO. 762$ RESOLUTION PROPOSING TO SPECIALLY ASSESS FOR THE COSTS OF CURRENT SERVICES PROVIDED WITHIN THE LYNDALE/HUB/NICOLLET PROJECT AREA FOR THE PERIOD JANUARY 1, 1991 THROUGH DECEMBER 31, 1991 CITY PROJECT NO. 862 This Resolution appears as Resolution No. 7628 in Resolution Book No. 58. Council Meeting Minutes -4- June 11, 1990 F. APPROVED RESOLUTION RELATING TO 1991 INTERSTATE/LYNDALE/NICOLLET REDEVELOPMENT AREA (ILN) MAINTENANCE ASSESSMENTS, CITY PROJECT NO. 863 C.L.. 145 RESOLUTION NO. 7629 RESOLUTION PROPOSING TO SPECIALLY ASSESS FOR THE COSTS OF CURRENT SERVICES PROVIDED WITHIN THE INTERSTATE/LYNDALE/NICOLLET PROJECT AREA FOR THE PERIOD JANUARY 1, 1991 THROUGH DECEMBER 31, 1991 CITY PROJECT NO. 863 This Resolution appears as Resolution No. 7629 in Resolution Book No. 58. G. APPROVED RESOLUTION FOR PROPOSED 1991 ALLEY MAINTENANCE SPECIAL ASSESSMENT PROJECT - CITY PROJECT NO. 864 C.L. 146 RESOLUTION NO. 7630 RESOLUTION PROPOSING TO SPECIALLY ASSESS FOR THE COSTS OF CURRENT SERVICES PROVIDED FOR ALLEY MAINTENANCE IN THE CITY OF RICHFIELD JANUARY 1, 1991 THROUGH DECEMBER 31, 1991 CITY PROJECT NO. 864 H. APPROVED RESOLUTIONS FOR PREPARATION OF ASSESSMENT ROLLS AND SETTING HEARING DATE FOR CITY PROJECT 844, 1989 LYNDALE/HUB/NICOLLET (LHN) REDEVELOPMENT AREA MAINTENANCE C.L. 147 RESOLUTION NO. 7631 RESOLUTION DECLARING COST TO HE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR LHN MAINTENANCE JANUARY 1, 1989 THROUGH DECEMBER 31, 1989 CITY PROJECT NO. 844 This Resolution appears as Resolution No. 7631 in Resolution Hook No. 58. RESOLUTION NO. 7632 RESOLUTION FOR HEARING ON FROPOSED ASSESSMENT FOR LHN MAINTENANCE JANUARY 1, 1989 THROUGH DECEMBER 31, 1989 CITY PROJECT NO. 844 This Resolution appears as Resolution No. 7632 in Resolution Hook No. 58. 1 Council Meeting Minutes -5- June il, 1990 I. APPROVED RESOLUTIONS FOR PREPARATION OF ASSESSMENT ROLLS AND SETTING HEARING DATE FOR CITY PROJECT NO. 846, 1989 INTERSTATE/LYNDALE/NICOLLET REDEVELOPMENT 'AREA (ILN) MAINTENANCE C.L. 148 RESOLUTION NO. 7633 RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR ILN MAINTENANCE JANUARY 1, 1989 THROUGH DECEMBER 31, 1989 CITY PROJECT NO. 846 This Resolution appears as Resolution No. 7633 in Resolution Book No. 58. RESOLUTION NO. 7634 RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR ILN MAINTENANCE JANUARY 1, 1989 THROUGH DECEMBER 31, 1989 CITY PROJECT NO. 846 This Resolution appears as Resolution No. 7634 in Resolution Book No. 58. J. APPROVED RESOLUTIONS DECLARING COSTS TO BE ASSESSED TO ALLEY MAINTENANCE AND SNOWPLOWING FOR THE PERIOD JANUARY 1, 1989 TO DECEMBER 31, 1989, AND SETTING A PUBLIC HEARING DATE FOR CITY PROJECT NO. 845, 1989 ALLEY MAINTENANCE C.L. 149 RESOLUTION NO. 7635 RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR 1989 ALLEY MAINTENANCE AND SNOWPLOWING - CITY PROJECT NO. 845 This Resolution appears as Resolution No. 7635 in Resolution Book No. 58. RESOLUTION NO. 7636 RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR 1989 ALLEY MAINTENANCE - CITY PROJECT N0. 845 This Resolution appears as Resolution No. 7636 in Resolution Hook No. 58. Council Meeting Minutes -6- K. APPROVED RESOLUTION DECLARING COSTS TO REMOVAL OF DISEASED TREES FROM PRIVATE THE PERIOD OF JANUARY 1, 1989 TO DECEM] AND RESOLUTION SETTING DATE OF HEARING RESOLUTION NO. 7637 June 11, 1990 HE ASSESSED FOR PROPERTY FOR 3ER 31, 1989, C.L. 150 RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR REMOVAL OF DISEASED TREES FROM PRIVATE PROPERTY FOR THE PERIOD OF JANUARY 1, 1989 TO DECEMBER 31, 1989. This Resolution appears as Resolution No. 7637 in Resolution Book No. 58. RESOLUTION NO. 7638 RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR DISEASED TREE REMOVAL FROM PRIVATE PROPERTY FOR THE PERIOD JANUARY 1, 1989 TO DECEMBER 31, 1989. This Resolution appears as Resolution No. 7638 in Resolution Book No. 58. L. APPROVED APPLICATION FOR RENEWAL OF KENNEL LICENSE; DR. WILLIAM D. BLAINE, AIRPORT PET HOSPITAL, 6301 CEDAR AVENUE. M. APPROVED APPLICATION FOR RENEWAL OF KENNEL LICENSE; ANIMAL CARE CLINIC, 6521 CEDAR AVENUE. M/Sandahl, S/Kirsch to approve the consent calendar.- Motion carried 3-0. Item #6 PUBLIC HEARING AND SECOND READING OF AN ORDINANCE AMENDMENT APPROVING THE NAME CHANGE OF ROGERS CABLESYSTEMS OF THE SOUTHWEST, INC. TO KHL CABLESYSTEMS OF THE SOUTHWEST, INC. C.L. NO. 151 City Manager Prosser reviewed Council Letter No. 151 regarding a proposed ordinance amendment to approve the name change of the cable franchise grantee from Rogers Cablesystems of Southwest, Inc. to KBL Cablesystems of the Southwest, Inc. M/guam, S/Kirsch to close the public hearing. Motion carried 3-0. Council Meeting Minutes -7- June 11, 1990 M/Sandahl, S/Kirsch that this constitute Second Reading of Hill No. 1990-10, amending Appendix No. E2 to change the name of Grantee that it be published in the official newspaper and that it be made part of these minutes. Motion carried 3-0. Item #7 PUBLIC HEARING ON A REQUEST FOR A CONDITIONAL USE PERMIT AT 7440 PENN AVENUE SOUTH. C.L. NO. 152 City Manager Prosser reviewed Council Letter No. 152 regarding a request by Hennepin Technical College Intermediate District #287 for a conditional use permit to operate the Parent- Infant-Education (P.I.E.) Day Care Program located at Lincoln Hills Center, 7440 Penn Avenue. M/Sandahl, S/Quam to close the p~.blic hearing. Motion carried 3-0. M/Sandahl, S/Quam to approve the conditional use permit for the Parent-Infant-Education (P I.E ) Day care Program at Lincoln Hills Center, 7440 Penn Avenue, provided all building and fire . codes are met. Motion carried 3-0. Item #8 PUBLIC HEARING ON AN AMENDMENT TO AN OFF-STREET PARKING PERMIT FOR 1537 EAST 66TH STREET. C.L. NO. 153 City Manager Prosser reviewed Council Letter No. 153 regarding an amendment to the off-street parking permit for 1537 East 66th Street. Jim Farrel, representing the owner of 6620 16th Street, asked if the fence would be 7 feet tall and placed in the same location. City Manager Prosser responded in the affirmative. M/Sandahl, S/Kirsch to close the public hearing. Motion carried 3-0. M/Kirsch, S/Sandahl to approve the amendment to the existing off-street parking Hermit for 1537 East 66th Street with the following_stipulation: 1. That the entire fence be painted or stained one consistent color. Motion carried 3-0. Council Meeting Minutes -8- June 11, 1990 Item #9 PUBLIC HEARING OF AN APPEAL OF THE HEARING EXAMINER'S DENIAL OF TWO VARIANCES REQUESTED AT 7201 PENN AVENUE SOUTH TO ALLOW CONSTRUCTION OF A TWIN HOME ON AN EXISTING VACANT LOT. C.L. NO. 154 City Manager Prosser reviewed Council Letter No. 154 regarding the appeal of applicant John Oksness of the Hearing Examiner's denial of two variances to allow the construction of a twin home at 7201 Penn Avenue. The variances include: 1) creation of a lot containing 6,198.5 square feet in a district where 6,750 square feet is the minimum requirement. 2) a zero lot line John Oksness, 7444 project and his efforts compatible building. He story twin home. sideyard setback between the homes. 4th Avenue South, described the proposed to work with the neighborhood to design a presented a sketch of the proposed one Dan O'Connor, 7200 Oliver Avenue, stated that Mr. Oksness had met with the neighbors and been responsive to their concerns. He stated his main concern was that drainage protection be provided by a Swale and berm along his property. Mrs. Preston, 7208 Oliver Avenue, stated her appreciation that the project was scaled down to a one story building. She stated that the drainage issue is also her main concern. Community Development Director Wallace reviewed the proposed drainage Swale and height of the proposed structure. - Mr. Bennett, representing St. Nicholas Church, stated that the church did not object to the twinhome; however, the church does not approve of any berm or Swale construction on church property. Discussion was held regarding drainage of the site and adjoining property. M/Sandahl, S/Kirsch to close the public hearing. Motion carried 3-0. Council Member Sandahl asked if a stipulation could be added to address the drainage issue. City Attorney Dean reviewed the variance issue and it's relationship to the subdivision issue. He suggested the drainage issue could be addressed when applicant appears for subdivision approval. Council Meeting Minutes -9- June 11, 1990 Mayor Quam asked about the city council's authority regarding granting this variance request and whether it meets the requirements of state law for a variance. City Attorney Dean reviewed the issues and standards regarding variances. He indicated this variance, if granted, would probably be upheld in court. M/Sandahl, S/Kirsch to reverse the decision of the Hearing Examiner and to approve the lot area and sideyard variances to allow the construction of a twin home at 7201 Penn Avenue South with: 1) creation of a lot containing 6,198.5 square feet in a district where 6,750 square feet is the minimum requirement, 2) a zero lot line sideyard setback between the homes; because the following factors exist: A) Circumstances exist which are unique to the property and not created by the landowner, -B) Compliance with the existing City Code will cause undue hardship to the applicant, C) The property cannot be put to reasonable use without the variances; and, that this ~vroval is made with the following stipulations: 1) It is contingent on City Council approval of the subdivision request for this property. 2) It is contingent upon submittal and approval of an acceptable drainage plan. 3) It is contingent upon the proposed twin home structure to be a one story rambler style dwelling that is compatible with the character of the neighborhood. Motion carried 3-0. Council Member Kirsch suggested that all utilities for the project be placed underground and evergreens be placed along Penn Avenue. The City Council discussed lot requirements and variances for this type of proposal. It was the consensus of the council that the Planning Commission develop and recommend an ordinance to allow this type of housing without a variance. Council Meeting Minutes -10- tune 11, 1990 Item #10 PUBLIC HEARING ON A REQUEST FOR A CONDITIONAL USE PERMIT TO ALLOW A RESTAURANT WITH CARRY OUT SERVICE IN THE EXISTING STRUCTURE AT 7627 LYNDALE AVENUE SOUTH. C.L.NO. 155 City Manager Prosser reviewed Council Letter No. 155 regarding a request for a conditional use permit for Hope's Chow Mein Restaurant at 7627 Lyndale Avenue. Ernie Lindstrom, 7406 Fremont Avenue South, spoke in support of the applicant's request. M/Sandahl, S/Kirsch to close the public hearing. Motion carried 3-0. M/Sandahl, S/Kirsch to approve the conditional use permit for Hope's Chow Mein to allow a restaurant with carry-out service at 7627 Lyndale Avenue with the following stipulations: 1) A parking plan approved by staff be implemented with an allocation of at least nine parking spaces for Hope's Chow Mein customers. 2) If an entry vestibule is constructed, it must have a 7'-0" minimum between doors. Motion carried 3-0. Item #11 CONSIDERATION OF APPROVAL OF RESOLUTION REQUESTING THE COUNCIL GO ON RECORD ENCOURAGING THE HENNEPIN COUNTY BOARD OF COMMISSIONERS TO CONTINUE FUNDING FOR FAIRVIEW DETOX. C.L. N0. 156 City Manager Prosser reviewed Council Letter No. 156 recommending that the City Council pass a Resolution asking the Hennepin County Hoard of Commissioners to continue the funding for detoxification services with Fairview Receiving and Evaluation Center in Eden Prairie, but that this funding be provided so that available funds for all Hennepin County detox centers are distributed on a pro-rata basis. M/Kirsch, 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: tlESOLUTION N0. 7639 RESOLUTION REQUESTING THE COUNCIL GO ON RECORD ENCOURAGING THE HENNEPIN COUNTY BOARD OF COMMISSIONERS TO CONTINUE FUNDING FOR FAIRVIEW DETOX Motion carried 3-0. This resolution appears as Resolution No. 7639 in Resolution Book No. 58. 1 Council Meeting Minutes Item #12 LEGISLATIVE REPORT None Item #13 COUNCIL DISCUSSION ITEMS -11- June 11, 1990 Mayor Quam stated that the Park Bond Referendum had raised many issues within the community. He suggested that the City Council look at the potential for developing a committee of people with different viewpoints on the issue to see what positive can come from this issue. Item #14 CLAIMS AND PAYROLLS M/Sandahl, S/Kirsch that the following claims and payrolls be eporoved: RICHFIELD STATE HANK Checks 12788-12866; 110622-111122 FIRST MINNESOTA Check 1106 FIRST WESTERN BANK Checks 5568-5613 Checks 37073-37107; 36737-37072 ' Payroll 5/24 37109-37147; 37305-37646 6/7 Motion carried 3-0. ADJOURNMENT $1,533,537.15 $ 25,000.00 $1,046,614.17 $ 335,952.79 $ 334,306.73 The meeting was add ourned by unanimous consent ~ 8:43 ~ :fie(. Date Approved: s125I9o Thomas P. Ferber City Clerk J. cu v J es Prosser Ci anaaer