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07-08-96 Regular CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Meeting July 8, 1996 CALL TO ORDER The meeting was called to order by Mayor Kirsch at 7:00 p.m. PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE Mayor Kirsch led the audience in the Pledge of Allegiance. ROLL CALL Members Present:Martin Kirsch, Mayor; Susan Rosenberg; Russ Susag; and Don Priebe. Members Not Present:Michael Sandahl. Acting City Manager Devich stated that City Council Member Sandahl had informed the City Manager that he would be late for tonight’s meeting because his return flight from a business trip was scheduled to arrive at approximately 8:00 p.m. Staff Present :Steven Devich, Acting City Manager; Thomas Ferber, City Clerk; Bruce Palmborg, Community Development Director; Mike Eastling, City Engineer; Randy Hughes, Operations Coordinator; William Fillmore, Liquor Operations Director; and John Dean, City Attorney. APPROVAL OF MINUTES Council Meeting Minutes-2-July 8, 1996 Council Member Priebe noted a typographical error on page 19 and page 21 of the June 24 regular City Council meeting minutes in condition number 4 of Items #16 and #17 regarding Petsmart. The amended minutes will delete the word “not” from the first line of condition number 4 in Items #16 and #17 for the regular City Council minutes of June 24, 1996. M/Rosenberg, S/Priebe to approve the minutes of the Special City Council Closed Executive Session of June 24, 1996; the minutes of the regular City Council Meeting of June 24, 1996 as amended; and the Special Joint City Council/HRA Meeting of July 1, 1996. Motion carried 4-0. Item #1OPPORTUNITY FOR PERSONS TO ADDRESS THE CITY COUNCIL ON ANY ITEM NOT LISTED ON THE AGENDA. No one wished to address the Council. Item #2 COUNCIL APPROVAL OF AGENDA Mayor Kirsch stated that Item #8 would be deleted from the agenda. He stated Item #10 would be considered after Item #7 because both items pertain to the same property. M/Susag, S/Priebe to approve the agenda as amended. Motion carried 4-0. Item #3 CONSENT CALENDAR A.APPROVAL OF RESOLUTIONS DECLARING COSTS TO BE ASSESSED FOR ALLEY MAINTENANCE AND SNOWPLOWING FOR JANUARY 1, 1995 TO DECEMBER 31, 1995, CITY PROJECT NO. 902, AND SETTING DATE OF HEARING FOR AUGUST 26, 1996 C.L. 219 RESOLUTION NO. 8356 Council Meeting Minutes-3-July 8, 1996 RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR 1995 ALLEY MAINTENANCE AND SNOWPLOWING - CITY PROJECT NO. 902 RESOLUTION NO. 8357 RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR 1995 ALLEY MAINTENANCE - CITY PROJECT NO. 902 These resolutions appear as Resolution No.’s 8356 and 8357 in Resolution Book No. 66. B.APPROVED RESOLUTION PROPOSING TO SPECIALLY ASSESS COSTS OF 1997 ALLEY MAINTENANCE SPECIAL ASSESSMENT PROJECT, CITY PROJECT NO. 924, AND SETTING DATE OF HEARING FOR AUGUST 26, 1996 C.L. 220 RESOLUTION NO. 8358 RESOLUTION PROPOSING TO SPECIALLY ASSESS FOR THE COSTS OF CURRENT SERVICES PROVIDED FOR ALLEY MAINTENANCE IN THE CITY OF RICHFIELD JANUARY 1, 1997 THROUGH DECEMBER 31, 1997, PROPOSED CITY PROJECT NO. 924 This resolution appears as Resolution No. 8358 in Resolution Book No. 66. C.APPROVED RESOLUTIONS DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF ASSESSMENT ROLL FOR CITY PROJECT NO. 900, 1995 LHN MAINTENANCE, AND SETTING DATE OF HEARING FOR AUGUST 26, 1996 C.L. 221 RESOLUTION NO. 8359 RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR LHN MAINTENANCE JANUARY 1, 1995 THROUGH DECEMBER 31, 1995- CITY PROJECT NO. 900 RESOLUTION NO. 8360 RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR LHN MAINTENANCE JANUARY 1, 1995 THROUGH DECEMBER 31, 1995- CITY PROJECT NO. 900 These resolutions appear as Resolution No.’s 8359 and 8360 in Resolution Book No. 66. Council Meeting Minutes-4-July 8, 1996 D.APPROVED RESOLUTION PROPOSING TO SPECIALLY ASSESS COSTS OF 1997 MAINTENANCE ASSESSMENTS, LHN REDEVELOPMENT AREA, CITY PROJECT NO. 923, AND SETTING DATE OF HEARING FOR AUGUST 26, 1996 C.L. 222 RESOLUTION NO. 8361 RESOLUTION PROPOSING TO SPECIALLY ASSESS FOR THE COSTS OF CURRENT SERVICES PROVIDED WITHIN THE LYNDALE/HUB/NICOLLET (LHN) PROJECT AREA FOR THE PERIOD JANUARY 1, 1997 THROUGH DECEMBER 31, 1997, PROPOSED CITY PROJECT NO. 923 This resolution appears as Resolution No. 8361 in Resolution Book No. 66. E.APPROVED RESOLUTIONS DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF ASSESSMENT ROLL FOR CITY PROJECT NO. 901, 1995 77TH STREET REDEVELOPMENT AREA MAINTENANCE, AND SETTING DATE OF HEARING FOR AUGUST 26, 1996 C.L. 223 RESOLUTION NO. 8362 RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR 77TH STREET MAINTENANCE JANUARY 1, 1995 THROUGH DECEMBER 31, 1995- CITY PROJECT NO. 901 RESOLUTION NO. 8363 RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR 77TH STREET MAINTENANCE JANUARY 1, 1995 THROUGH DECEMBER 31, 1995- CITY PROJECT NO. 901 These resolutions appear as Resolution No.’s 8362 and 8363 in Resolution Book No. 66. F. APPROVED RESOLUTION PROPOSING TO SPECIALLY ASSESS COSTS OF 1997 MAINTENANCE ASSESSMENTS, 77TH STREET REDEVELOPMENT AREA, CITY PROJECT NO. 922, AND SETTING DATE OF HEARING FOR AUGUST 26, 1996 C.L. 224 RESOLUTION NO. 8364 RESOLUTION PROPOSING TO SPECIALLY ASSESS FOR THE COSTS OF CURRENT SERVICES PROVIDED WITHIN THE 77TH STREET PROJECT AREA FOR THE PERIOD JANUARY 1, 1997 THROUGH DECEMBER 31, 1997, PROPOSED TO BE CITY PROJECT NO. 922 This resolution appears as Resolution No. 8364 in Resolution Book No. 66. Council Meeting Minutes-5-July 8, 1996 G.APPROVED RESOLUTIONS DECLARING COSTS TO BE ASSESSED FOR REMOVAL OF DISEASED TREES FROM PRIVATE PROPERTY FOR JANUARY 1, 1995 THROUGH DECEMBER 31, 1995, ORDERING PREPARATION OF ASSESSMENT ROLL AND SETTING DATE OF HEARING FOR AUGUST 26, 1996 C.L. 225 RESOLUTION NO. 8365 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, 1995 THROUGH DECEMBER 31, 1995 RESOLUTION NO. 8366 RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR DISEASED TREE REMOVAL FROM PRIVATE PROPERTY FOR THE PERIOD OF JANUARY 1, 1995 THROUGH DECEMBER 31, 1995 These resolutions appear as Resolution No.’s 8365 and 8366 in Resolution Book No. 66. H.APPROVED WORK ORDER TO PERFORM CONSTRUCTION ENGINEERING FOR 77TH STREET AND LYNDALE AVENUE RIGHT LANE CONSTRUCTION PROJECT WITH BRW, INC. IN AMOUNT OF $30,000 C.L. 226 M/Susag, S/Priebe to approve the consent calendar. Motion carried 4-0. Item #4PUBLIC HEARING REGARDING REQUEST FOR CONDITIONAL USE PERMIT TO ALLOW EXPANSION OF EXISTING AUTOMOTIVE SERVICE BUILDING AT 6409 CEDAR AVENUE. C.L. NO. 227 Acting City Manager Devich reviewed Council Letter No. 227 regarding the request of Jerry Holman for a conditional use permit to allow an expansion of the existing Smith & Nielsen Automotive Company automotive service building at 6409 Cedar Avenue. City Attorney Dean suggested that the Planning Commission recommendations that that the applicant agree to stripe the easement area as a no parking area and to provide signage that directs customers to the appropriate parking area be included as additional stipulations to the conditional use permit. He also suggested that stipulation #3 be restated to indicate that the granting of a rear yard setback variance for the project by the Hearing Examiner is a prerequisite to the issuance of the conditional use permit. Council Meeting Minutes-6-July 8, 1996 M/Susag, S/Priebe to close the public hearing. Motion carried 4-0. M/Susag, S/Rosenberg to approve the request of Jerry Holman for a conditional use permit to allow an expansion of the existing Smith & Nielsen Automotive Company automotive service building at 6409 Cedar Avenue with the following stipulations: 1.That a landscape escrow be submitted. 2.That a sediment and erosion control plan be approved by the City Engineer. 3.That the granting of a rear yard setback variance for the project by the Hearing Examiner is a prerequisite to the issuance of this conditional use permit. 4.That the applicant stripe the easement area as a no parking area. 5.That the applicant provide signage that directs customers to the appropriate parking area. Motion carried 4-0. Item #5PUBLIC HEARING REGARDING REQUEST FOR AMENDED CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF SIX-BAY AUTOMOTIVE SERVICE BUILDING AT 7444 LYNDALE AVENUE. C.L. NO. 228 Acting City Manager Devich reviewed Council Letter No. 228 regarding the request of Chuck Lowinske for an amended conditional use permit to allow construction of a six bay automotive service building for Richfield Transmission at 7444 Lyndale Avenue. City Attorney Dean suggested that stipulation number 7 be restated to indicate that the approval of the front and side setback variances by the Hearing Examiner is a prerequisite to the approval of an amended conditional use permit for the project. M/Susag, S/Priebe to close the public hearing. Motion carried 4-0. M/Priebe, S/Susag to approve the request of Chuck Lowinske for an amended conditional use permit to allow construction of a six bay automotive service building for Richfield Transmission at 7444 Lyndale Avenue with the following stipulations: 1.That the landscape plan, including fencing, be revised to meet specifications provided by the City and be approved by the Community Development Director. 2.That a landscape escrow be submitted to the Community Development Department. 3.That a lighting plan be submitted according to specifications provided by the City and approved by the Community Development Director. Council Meeting Minutes-7-July 8, 1996 4.That a signage plan be approved by the Community Development Director. 5.That a sediment and erosion control plan be approved by City Engineering. 6.That a stormwater management plan be approved by City Engineering. 7.That the approval of the front and side setback variances by the Hearing Examiner is a prerequisite to approval of this amended conditional use permit. Motion carried 4-0. Item #6PUBLIC HEARING REGARDING REQUEST FOR SUBDIVISION WAIVER AT 7124 HARRIET AVENUE TO ALLOW SPLIT OF PARCEL INTO TWO LOTS. C.L. NO. 229 Acting City Manager Devich reviewed Council Letter No. 229 regarding the request of Meghan and Steve Yetzer for a subdivision waiver at 7124 Harriet Avenue to allow a split of the parcel into two lots. M/Susag, S/Priebe to close the public hearing. Motion carried 4-0. M/Susag, S/Rosenberg 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. 8367 RESOLUTION AUTHORIZING SUBDIVISION WAIVER 7124 HARRIET AVENUE Motion carried 4-0. This resolution appears as Resolution No. 8367 in Resolution Book No.66. Item #7PUBLIC HEARING AND CONSIDERATION OF APPEAL TO BOARD OF ADJUSTMENT AND APPEALS REGARDING VARIANCES GRANTED BY HEARING EXAMINER TO 609 WEST 74TH STREET TO ALLOW CONSTRUCTION OF FOUR TOWNHOME UNITS IN CLUSTER FORMATION. C.L. NO. 230 Acting City Manager Devich reviewed Council Letter No. 230 regarding the appeal filed by Tom Price and Mark Balkowitsch of the Hearing Examiner’s decision to grant the following variances for the construction of four townhome units at 609 West 74th Street: x 25 foot front setback where 30 feet is required; Council Meeting Minutes-8-July 8, 1996 x 10 foot east side setback where 20 feet is required; x 12 foot rear yard setback where 25 feet is required; x 5 foot west side setback where 20 feet is required; and x 33 percent lot coverage where 30 percent is the maximum Tom Price, 7421 Lyndale Avenue, spoke in opposition to the variances granted for the project citing concerns that the footprint of the homes would be too large and spread out, and that the homes were pushed out too close to the perimeter of the property. He stated that adjacent properties were zoned C-1 and C-2 indicating he felt that this residential use would be too close to the commercial use. Mayor Kirsch asked Mr. Price what setback he felt would be adequate. Mr. Price stated he thought a 18-20 foot setback would be a good compromise. Council Member Susag asked if Mr. Price had any new information that was not presented at the public hearing before the Hearing Examiner to support this appeal. Mr. Price discussed concerns regarding the footprint and size of the homes, adjacency to commercial property, and the “empty nester” housing. Council Member Priebe asked Mr. Price if he had concern that this proposal would interfere with development of his adjacent property. Mr. Price stated that in the future he may wish to develop his property to the highest best use, therefore, it may have a potential impact. Mark McClellan, representing Choice Wood Company, indicated that they have compromised on the setback indicating that originally the setback was 10 feet but was changed to 12 feet after Mr. Price suggested 14 feet. He stated that the project had been designed to fit in with the residential character of the neighborhood. He stated that the project would be an asset to the neighborhood and fill a housing need for the community. Council Member Susag asked whether the applicant had previously built this type of housing and how it will be marketed. Mr. McClellan indicated they had not previously done this type of project and indicated that the design with most of the living space on the main floor had received positive feedback as being very desirable. M/Susag, S/Rosenberg to close the public hearing. Motion carried 4-0. M/Rosenberg, S/Priebe to affirm the decision and findings of the Hearing Examiner granting the variances for the construction of four townhome units in a cluster formation at 609 West 74th Street. Motion carried 4-0. Council Meeting Minutes-9-July 8, 1996 Council Member Rosenberg stated there is a need for this type of housing in Richfield. She stated that this type of project can provide a buffer and transition between commercial and residential areas. Item #8CONSIDERATION OF RESOLUTION APPROVING LABOR AGREEMENT BETWEEN CITY OF RICHFIELD AND RICHFIELD POLICE SUPERVISORS BARGAINING UNIT LOCAL 162 FOR YEARS 1996 AND 1997. C.L. NO. 231 This item was removed from the agenda. Item #9CONSIDERATION OF AMENDED RESOLUTION AUTHORIZING STUDY TO BE CONDUCTED PERTAINING TO TELECOMMUNICATIONS TOWERS AND ANTENNAS, IMPOSING MORATORIUM ON DEVELOPMENT OF TELECOMMUNICATIONS TOWERS AND THOSE TELECOMMUNICATION ANTENNAS NOT LOCATED ON CITY WATER TOWER; AND FIRST READING OF INTERIM ORDINANCE AUTHORIZING STUDY ON TELECOMMUNICATIONS TOWERS AND IMPOSING 90-DAY MORATORIUM ON DEVELOPMENT OF TELECOMMUNICATIONS TOWERS AND THOSE TELECOMMUNICATIONS ANTENNAS NOT LOCATED ON CITY WATER TOWER. C.L. NO. 232 Acting City Manager Devich reviewed Council Letter No. 232 regarding consideration of an amended resolution and the first reading of an interim ordinance which authorizes a study to be conducted and a moratorium to be imposed on the development of telecommunications towers and antennas in the City. M/Susag, 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 NO. 8368 RESOLUTION AMENDING CITY COUNCIL RESOLUTION NO. 8335 DIRECTING A STUDY BE CONDUCTED ON TRANSMISSION AND RECEPTION FACILITIES OF COMMERCIAL WIRELESS TELECOMMUNICATION SERVICES AND ESTABLISHING A MORATORIUM Council Meeting Minutes-10-July 8, 1996 Motion carried 4-0. This resolution appears as Resolution No. 8368 in Resolution Book No. 66. M/Susag, S/Priebe that this constitute the First Reading of this ordinance amendment regarding an interim ordinance which authorizes a study to be conducted and a moratorium to be imposed on the development of telecommunications towers and antennas in the City, and that the Public Hearing and Second Reading of the ordinance be scheduled for the July 22, 1996 City Council meeting. Motion carried 4-0. Item #10CONSIDERATION OF OFF-STREET PARKING PERMIT FOR 609 WEST 74TH STREET TO ALLOW CONSTRUCTION OF FOUR TOWNHOME UNITS. C.L. NO. 233 (Considered after Item #7 on the agenda) Acting City Manager Devich reviewed Council Letter No. 233 regarding the request of Choice Wood Company for an off-street parking permit for a four unit townhome development at 609 West 74th Street. Council Member Susag suggested that stipulation #2 be deleted from the recommended motion because the Hearing Examiner had approved the setback and lot coverage variances and the City Council had subsequently affirmed the Hearing Examiner’s decision. M/Susag, S/Rosenberg to approve the request of Choice Wood Company for an off-street parking permit for a four-unit townhome development at 609 West 74th Street with the following stipulation: 1.That the City Engineer approves a stormwater management plan and a sediment and erosion control plan for the site. Motion carried 4-0. Item #11CONSIDERATION OF LEASE OF SPACE ON LOGAN AVENUE WATER TOWER TO AMERICAN PORTABLE TELEPHONE FOR ANTENNA SPACE. C.L. NO. 234 Acting City Manager Devich reviewed Council Letter No. 234 regarding the proposed lease of space on the Logan Avenue water tower to American Portable Telephone for antenna space for the period of August 1, 1996 through December 31, 2002. Council Meeting Minutes-11-July 8, 1996 Council Member Susag discussed how this action was consistent with the moratorium on commercial wireless telecommunication services (CWTS) towers indicating the study will look at the issues related to the placement and safety of such towers. He stated the water towers are existing structures to which flat vertical antenna would be attached on the perimeter of the water tower. M/Susag, S/Priebe to authorize the Mayor and the City Manager to execute the lease on behalf of the City regarding space on Logan Avenue water tower to American Portable Telephone for antenna space. Motion carried 4-0. Item #12CONSIDERATION OF BID PACKAGES #2 THROUGH #11 FOR FOURTH MUNICIPAL LIQUOR STORE, 7700 LYNDALE AVENUE, CONSTRUCTION COMPONENTS. C.L. NO. 235 Acting City Manager Devich reviewed Council Letter No. 235 regarding consideration of the bids submitted for the following construction components of the fourth municipal liquor store at 7700 Lyndale Avenue: Bid Package #2 - Cast-in-place concrete and related work Bid Package #3 - Unit masonry and related work Bid Package #4 - Structural and miscellaneous steel work Bid Package #5 - Steel erection work Bid Package #6 - Sitework Bid Package #7 - Plumbing and related work Bid Package #8 - HVAC and related work Bid Package #9 - Fire protection system work Bid Package #10 - Electrical work Bid Package #11 - Doors, frames, finish hardware Acting City Manager Devich reminded that the City Council take the following actions regarding the bids: x Reject all bid submittals for bid packages #2 through #5 and authorize readvertisement for bids.  x Approve bid package #6 and award contract to Northwest Asphalt Co. for sitework in amount of $39,030  x Delay award of contract for bid packages #7 through #10, and authorize construction manager and staff to discuss alternative reductions in cost with lowest bidders.  Council Meeting Minutes-12-July 8, 1996 x Approve bid package #11 and award contract to Contract Hardware for doors, frames, and finish hardware materials in amount of $3,990. Liquor Operations Director Fillmore stated that after further review of the bids for bid package #5 for steel erection work, the project architect Gary Tushie and Construction Manager Mike Parsons recommended that the City Council delay award of contract for bid package #5 and authorize the Construction Manager and staff to discuss alternative reductions in cost with the lowest bidder. Council Member Priebe requested that separate votes be taken for consideration of each recommendation. M/Priebe, S/Susag to reject all bid submittals for bid packages #2 through #4 and authorize readvertisement for bids. Motion carried 4-0. M/Susag, S/Rosenberg to approve bid package #6 and award contract to Northwest Asphalt Co. for sitework in amount of $39,030. Motion carried 3-1. (Priebe opposed) M/Priebe, S/Susag to delay award of contract for bid packages #5 and #7 through 10, and authorize construction manager and staff to discuss alternative reductions in cost with lowest bidders. Motion carried 4-0. M/Susag, S/Rosenberg to approve bid package #11 and award contract to Contract Hardware for doors, frames, and finish hardware materials in amount of $3,990. Motion carried 3-1. (Priebe opposed) Item #13AIRPORT STATUS REPORT Council Member Priebe stated that the City would potentially be affected by the construction of a third parallel runway at the airport and the resulting air traffic to the west and south. He asked if the City had been in contact with the MAC regarding this issue in light of recent legislation requiring the MAC to consult with communities regarding proposed new runways and possible additional mitigation measures. Acting City Manager Devich stated that an update on the status of this issue would be included in the next status and information report. Council Meeting Minutes-13-July 8, 1996 Item #14LEGISLATIVE REPORT No report. Item #15COUNCIL DISCUSSION ITEMS Council Members commented on the successful Fourth of July Community Celebration events acknowledging the Fourth of July Committee and all those who worked to make the events a success. Council Member Susag invited the public to the Richfield Optimist Club Hole-in- One Contest which will be held at the Richfield athletic field at 70th Street and Lyndale Avenue on July 25-27, 1996. He stated that the proceeds from the event go to benefit Richfield youth programs. Item #16CLAIMS AND PAYROLL M/Priebe, S/Rosenberg that the following claims and payrolls be approved: RICHFIELD BANK & TRUST CO. Checks: 21227-23265; 59766-60042$1,140,024.30 NORWEST BANK Checks: 1248$50,000.00 FIRSTAR BANK Checks: 9045-9054$515,927.37 Payroll: 96341-96375; 96381-96771$435,372.95 Motion carried 4-0. Item #16ADETERMINATION REGARDING ABSENCE OF COUNCIL MEMBER SANDAHL. Council Meeting Minutes-14-July 8, 1996 Council Member Sandahl had not yet arrived from the airport at this time, therefore the City Council considered the determination of whether the absence was excusable or unexcusable. M/Susag, S/Rosenberg to determine the absence of Council Member Sandahl as excusable. Motion carried 4-0. ADJOURNMENT The meeting was adjourned by unanimous consent at 8:14 p.m. Date Approved: Martin J. KirschMayor Thomas P. FerberJames D. Prosser City ClerkCity Manager