Loading...
12-11-1972CI`1'Y OF RICHf'IELD REGULAR MSETIN~ December 11, 1972 `I`he Council of the City of Richfield met in regular session in the Council Chambers of the City Ha11, 6700 Portland Avenue, December 11, 1972, at 7x00 p.m. -Rev. Richard Bingea, House of Prayer Lutheran Church, gave the invocation. Present; Councilmen Anderson, Jacobsen, Kenealey, Luettinger and Mayor Law. Absents None. 1. Minutes. Motion by Jacobsen, seconded by Luettinger, that the minutes of the November 27th regular meeting, and the minutes of the special meetings of December 4th and 6th, 1972, be approved as presented. A11 ayes - Carried. 2, Request to Rezone property at 6324-6342 Aldrich Avenue - Shelter Development Corporation. (Continued from Nov. 13th meeting). It being 7x00 p.m. Mayor Law called for the hearing on rezoning property at 6324-6342 Aldrich Avenue from Residential to Multiple Residential, requested by Shelter Development Corporation, applicant. Mayor Law stated that the city council had tabled action on this rezoning application at the November 27, 1972 city council meeting, Mayor Law indicated that this action was taken until Shelter Development Corporation could be in a position to provide assurance to--the city that the Richfield Lake shoreline and land adjacent to the project site and any lake bottom land which could be claimed by the owner of such shoreline land could be preserved as public open space and transferred to the city for that and other public purposes. Mayor Law reported that the applicant had advised the city that they were now in a position to provide this assurance and that it was for this reason that th;e city council was again considering this request. Councilman Kenealey made a number of statements and raised questions concerning the project. A question and answer session followed between the council and Robert `I'. - 2 - December 11, 1972 Stroot of Shelter Development Corporation covering a variety of matters including acquisition of rights to the lake and the lake bottom land, As part of this dis- cussion Mr, Stroot reported that Shelter Development Corporation was in a position to quit claim deed to the city any shoreline land and lake bottom. land which could be claimed by the owner of the property for which his company was requesting re® zoning. Frank Curry, 692® Blaisdell, spoke in favor of soffiething being done for Beni®r citizens and handicapped persons but he was not in favo~° ®f the present proposab. Councilman Jacobsen read a resoluti®n from the Richfield Human Rights Coararissi®n in support of this rezoning. (C-9444). Motion by Anderson, seconded by Jacobsen, that this hearing be closed. A11 ayes - Carried. 10STATEMENT BY COUNCILMAN KENEALEY AT THE RICHFIELD CITY COUNCIL MEETING OF DECEMBER 11, 1972, REGARDING AGENDA ITEM NO. 1 APPLICATION BY SHELTER CORPORATION FOR REZONING First of a11, I think each one of the Councilmen here should declare publicly whether or not they have any interest in the Shelter Corporation, I will start the ball rolling by stating that I have no interest in the Shelter Corporation - - I own no stock in the Shelter Corporation - - nor am I earployed by, nor do I intend in the future to go to work for the Shelter Corporation. It seems to me that there are two questions here; The first question, should a high Rise be built on this land site, This is the primary question divorced and separated from any label of it being for the senior citizen or the handicapped, The second question, if the answer to the first question is yes, then becomes one of whether it should be a High Rise for senior citizens and handicapped - and also whether it should be financed under the 236 Housing Program? Quite frankly, I can't get by the Land Use Question, We are a Low Rise Community, and the future variances here which are going to be requested under the Apartment Use Permit if we grant this rezoning application, are going to be substantials 1, Variance as to Hei ht, Our present code provides for a height of no more than two and a half stories, Shelter is proposing a High Rise of 13 stories, This means a ten and a half story variance, a - 3 - December 11, 1972 2. A Variance as to Den, sity. Our present code provides for no more than 20 units per acre, Shelter Corporation in their High Rise is proposing 87 units per acre. A 67 unit Variance. 3, A Variance as to Off-Street Parking, Our present code provides for two parking spaces per unit, or a total of 348 parking spaces for a 174 unit High Rise such as the one proposed by Shelter. The Shelter Corporation is proposing only 44 parking spaces (35 parking spaces if they cannot resolve the lease problems with the beauty shop), for their 174 unit High Rise, A 304 parking space Variance, 4. A Variance as to Unit Floor Area Required for Apartments, Our present code provides for 65® inside square feet for a one bedroom apartment. Shelter's average square footage is 593 square feet. A 57 square foot variance - and if you take the 150 proposed A Units, which have S87 squire feet, it amounts to a Variance of 63 square feet. Consequently, if you look at this whole project in its entirety, it will almost completely emasculate our existing City Code by granting these requested Variances. Now, even. if I was able to get by the first question on Land Use, I still question whether or not the 236 Housing Program is the best way to provide housing for senior citizens and handicapped, Under the 236 Program, a developer appears to get all of the benefit, The 50% tax abatement -- and 1% interest mortgage money - - and all of the tax benefits mentioned in the CBS Walter Cronkite Report, I don't feel we should grab the first thing that comes along. The Law may be amended. We have learned that Section FHA 402 and FHA 502 of the Housing and Urban Development Act of 1972, which new programs would replace the current 235 and 236 Section of the Housing Act of 1968, passed the Senate of the United States on March 2, 1972, and is presently in the House awaiting action. - I guess this is why I wanted a Citizens Committee appointed to study the housing programs for senior citizens and the handicapped. The Federal Housing Adminis- trative Loan Program includes Section 202, Housing Loans for the Elderly. Section 231, Mortgage Insurance for Elderly Housing. Sections FHA 402 and FHA 502, which have not as yet been adopted by the House of the United States and signed into 1,aw. I look at this proposed project in the light of the HUD requirements as to access- ability and distance from community services. The proposed High Rise would be six blocks from stores - - two and half miles from a hospital - - two and a half miles from a theater - - the closest Public Library is at 70th Street and Nicollet Ave. - - the educational, the High School, is at 70th Street and Harriet Avenue - - the distance to churches? Therefore, I move that this rezoning request be denied on the following grounds; 1. On the ground that it does not promote the General Welfare of this City for the reasons stated above, 2, On the ground of Public Safetyo a. It will bring an influx of pedestrian and vehicular traffic into a residential area. - 4 - December 11, 1972 b, It will force an influx of vehicular traffic out pnto Lyndale Avenue at a point where it is already a congested and heavily traveled street. I further move that the City Staff be directed to draft a written Resolution of Denial; and report back with it at the next City Council Meeting on December 26, 1972A9........,.....seconded by Law. Poll of votes: Ayes - Kenealey and Law. Nayes - Anderson, Jacobsen, and Luettinger. Absent - None® M®ti®n defeated, Bi11 No. 1972-21 - 10Am~ndment to Appendix C, Sections 3 and 4, of the ®rdin- ance Code of the City of Richfield, Minnesota00 was read, the same being on file in the office of the City Clerk. (C-9445). Motion by Jacobsen, seconded by Luettinger, that this constitute a first reading o£ Bill No. 1972-21, that it be published in the official newspaper, and that the second reading of the rezoning amendment be scheduled for the council meeting of January 22, 1973. Councilman Kenealey asked Councilman Luettinger if he intended to vote on this question and Councilman Luettinger indicated that he planned to vote on the matter because he felt he understood the need for Richfield for housing of senior citizens and the handicapped. Councilman Kenealey wished to go on record that he objected to Councilman Luettinger's voting on this request for rezoning by the Shelter Development Cor- poration for the following reasons: That he is involved in the management of Ebenezer Towers, which is the same and similar project to the one proposed by the Shelter Corporation for Richfield, namely, a High Rise for senior citizens; that, as a result, it would be extremely difficult for him to be unbiased in regard to this proposal by the Shelter Corporation; and that for these reasons he feels Councilman Luettinger should abstain from voting. on Shelter°s application for rezoning, Councilman Luettinger responded that he had no conflict o£ interest on this - 5 - December 11, 1972. issue; that because of his employment experience he felt unusually well qualified to make a decision on this case and that shouldl~e vote in favor of the motion he would in effect be voting for competition. to the Ebenezer Towers, Mayor Law commented that he felt that Councilman Luettinger was well qualified to vote on this rezoning as he knew Councilman Luettinger had given careful con- sideration to all the pros and cons of this project, and that he should be allowed to express his opinion by voting on this issue. Poll of votes: Ayes - Anderson, Jacobsen, Luettinger and Law, Nayes - Kenealey, Absent - None, Carried. It was requested by the council that the applicant and staff provide reports on questions raised during this hearing so that the council could more carefully make a decision on this matter, Mr, Stroot requested of the council as to what additional specific questions they had so that he could provide complete information on January 22, 1973, Council members indicated that they would direct any additional questions which they might have through the city manager. Some of the council's concerns involved safety features of the building, the sprinkling system, smoke towers, the recrea- tional use within the building, programs for the tenants of the building, and a feasibility study on sidewalk construction on both sides of Lyndale Avenue fr®m 62nd Street to 66th Street, where sidewalks do not exist, 3. Final Plat Approval, Bourbon and Basin Restaurant, 1400 West 77th Street. Bi11 Naegele, President of Restaurants No Limits, Inc., appeared as applicant and requested approval of a final plat for the property located at 1400 West 77th Street which is the proposed location for the Bourbon and Basin Restaurant, Motion by Anderson, seconded by Jacobsen, that the council approve the final plat for the Bourbon and Basin Restaurant, to be located at 1400 West 77th Street, Po11 of votes Ayes - Anderson, Jacobsen, Kenealey, Luettinger and Law, Nayes - None. Absent - None, Carried, - 6 - December 11, 1972 4. Liquor License A placation for Bourbon and Basin Restaurant, 1400 West 77tb.~St~.' Mction by Jacobsen, seconded by Kenealey, that the liquor license application for Bourbon and Basin Restaurant, to be located at 1400 West 77th Street, be approved with the stipulation that construction be completed as proposed at the time the Special Use Permit and Off-Street Parking Contract were approved, and that all other ordinance provisions be complied with as they pertain to this application, A11 ayes - Carried, 5. Special Use Permit for Garage at Conoco Service Station, 6545 Nicollet Ave, Mr. Edward H. Mattson, applicant, requested permission to operate a garage for the major repair of automobiles within an existing gasoline service station building at 6545 Nicollet Avenue, Motion by Jacobsen, seconded by Kenealey, that the council grant this special use permit subject to the stipulations as contained in the City Manager's Council Letter No. 317, as follows 1. 'T'hat Conoco provide an off-street parking contract subject to all off-street parking regulations prior to the time that the special use permit is actually issued, 2. That Conoco conform to all sign ordinance regulations and make any necessary changes or adjustments in their signing to conform with these regulations prior to the issuance of the special use permit, All ayes - Carried, 6. Sewer Utility Ordinance Code Change - Bill No. 1972-20. The following persons appeared and asked for clarification of Metro Sewer Board charges in connection with Bi11 No, 1972-20 - Sewer Utility Ordinance Code Changes Lawrence Wozniczka, 6744 Wentworth Avenue C. Melton - 6501 18th Avenue F. B, Riley - 6915 Portland Avenue Bi11 No. 1972-20 - "Amendment to Chapter VIII, Part II, of the Ordinance Code of the City of Richfield", was read, the same being on file in the office of the City Clerk. (C-9443). - 7 - December 11, 1972 Motion by Anderson, seconded by Jacoh~en, that this constitute a second reading of Bi11 No. 1972-20; that it be spread in the ordinance book; that it be published in the official newspaper and that it be made a part of these minutes. Po11 of votes: Ayes - Anderson, Jacobsen, Kenealey, Luettinger and Law. Nayes - None. Absent - None. Carried. 7. Request of House of Prayer for Council to initiate Rezoning of Land from C-2 Commercial to Multiple Residential. Howard Weber, 7315 Columbus Avenue, appeared as a representative of House of Prayer Lutheran Church, in requesting that the council give consideration to initi- acing the rezoning of property lying between 77th Street and the Frontage Road and between Chicago Avenue and the extension of E11iot Avenue for a senior citizen residence and other appropriate community service facilities. Donald Holding, 7145 - 13th Avenue, also appeared in interest and asked for a clarification of this item on the agenda. Mayor Law read the letter of request from House of Prayer, and also read letters from the property owners on each side of this property, which were in opposition to this rezoning, Motion by Anderson, seconded by Jacobsen, that the council initiate this re- zoning and refer the request to the Planning Commission, and that the H~iuse of Prayer Lutheran Church petition resident owners between 76th and 77th Street on Chicago, E11iot, 10th Avenue, and Columbus Avenues regarding their support for this rezoning request, that they present the petition before appearing before the planning commission and that the persons soliciting signatures on the petition inform the residents that the project is being built by the Knudson Development Company so that there wi11 be no misunderstanding, A11 ayes - Carried. S. Release of Off-Street Parking Bond - Edina Remodelers, 6416 Oliver Ave, So. Motion by Jacobsen, seconded by Kenealey, that the following resolution be adopted; that it be spread in the resolution book and that it be made a' part of these minutes: - 8 - December ll, 1972 RES®Y,U`TION No. 4884 RESOLUTION RELATING TO RELEASE OF BOND ON OFF-STREET PARKING Edina Remodelers, Inc. 6021 Lyndale Avenue So. Location; 6416 Oliver Avenue So. Use; One 14 Unit Apartment Building Po11 of votes; Ayes - Anderson, Jacobsen, Kenealey, Luettinger and Law. Naves m None. Absent - None. Carried, This resolution appears as Resolution No, 4884 in Resolution Book No, 32, 9. Release of Bond on Off-Street Parking - Westland Plating, Inc., 7721 Pillsbury Avenue. Motion by Anderson, seconded by Kenealey, that the following resolution be adopted; that it be spread in the resolution book and that it be made a part of these minutes: RESOLUTION No. 4885 RESOLUTION RELATING TO RELEASE OF BOND ON OFF-STREET PARKING Westland .Plating, Inc. Location; 7721 Pillsbury Avenue So. ~~ Use; Plating Industry Poll of votes; Ayes - Anderson, Jacobsen, Kenealey, Luettinger and Law. Naves - None. Absent - None. Carried, This resolution appears as Resolution No. 4$85 in Resolution Book No. 32. 10. Ap lication of Raymond Peach, 6600 Columbus Avenues to move two dwellings into City of Richfield, Raymond Peach, 6600 Columbus Avenue, requested permission to move two dwellings '3.nto the City of Richfield, one from 7716 Xerxes Avenue to 6233 14th Avenue, and the other from 7712 Xerxes Avenue to 6500 15th Avenue. Motion by Jacobsen, seconded by Anderson, that these two applications be approved subject to the stipulations contained in City Manager's Council Letter No. 315, as follows; 1, Install 100 amp electrical ``service. 2, Ground kitchen and dining area electrical outlets, m 9 December 11, 1972 3. Reconnect existing plumbing as per code. 4. Install new water service. 5. Install new sewer service, 6. Reinstall heating system. (`This plant shall be tested and installed by a licensed heating contractor). 7. New eleven course block basement. S. Bring lot to proper grade and sod. 9. Plant 4 or 5 shrubs near front of dwelling, All ayes _ Carried. 11. Review of the Progress on Preparation of Plans and Specifications for Donaldson Park Proiect. Presentations were made by Don Brauer, Consultant, and Phyllis Gottsche, of Brauer and Associates, regarding a review of the work which has been done to date on the plans and specifications for the Donaldson Park Development Project, Larry Wozniczka, 6744 Wentworth Avenue, asked questions pertaining to this project. The city council indicated general approval, but took no formal action as none was required, 12. Renewal of Tnterce for Sewer Maintenance Agreement between Metropolitan Sewer Board and the City of Richfield for 1973. Motion by Jacobsen, seconded by Luettinger, that the city council approve the renewal of an agreement with the Metropolitan Sewer Board to reimburse the City of Richfield for maintenance costs on. interceptor sewers owned by the Metropolitan Sewer Board, and that the mayor and city manager be authorized to execute this agreement on behalf of the City, A11 ayes Carried, 13, Items not Discussed. Because of the lateness of the hour, the following items were deferred to a future meetings ~-- 10 - December 11, 1972 Motion by Jacobsen, seconded by Luettinger - 1. Appointment to CATV Citizen°s committee. 2. Appointment to Planning Commission. The following items deferred to the December 26, 1972=council meeting: Motion by Luettinger, seconded by Anderson - 3. Proposed Animal Control Services for 1973 (Deferred from 11/27/72). Motion by Jacobsen, seconded by Anderson - 4. Proposed Change in Mileage Reimbursement Schedule. (Deferred from 11/27/72). Motion by Law, seconded by Anderson - 5. Proposal for Continuing Life Insurance and Health Insurance_Programs for 1973. Motion by Kenealey, seconded by Luettinger - . 6. Proposed Central Business District Design Study. A11 ayes - Carried. 14. Setting Date for Hearing and Ado~-tion of 1973-78 Capital Improvement Program. Motion by Anderson, seconded by Jacobsen, that the city council set-the date of January 11, 1973, at 7:00 p.m., as the time and date for a joint meeting with the Planning Commission prior to the hearing and adoption. of the 1973®78 Capital Improvement Program. All ayes o Carried. 15. Rstablishment of a Committee to Study Housing Needs for Senior Citizens and the Handicapped. Motion by Kenealey, seconded by Law, that the administrative staff be directed to prepare a sample resolution regarding the housing needs for senior citizens and the handicapped, setting forth the objectives, duties, and re- sponsibilities of a Citizen°s Housing Needs Committee, such resolution to be presented to the council on January $, 1973. All ayes - Carried, - 11 - December 11, 1972`~~ ., ..., . ].64~ Report on Advisory Committee for Park and Recreation Serv ces. Motion by Kenealey, seconded by Law, that the administrative staff be directed to prepare a resolution creating the Park and Recreation Advisory Committee which will identify the objectives and purposes of the Committee as well as membership categories. A11 ayes - Carried. Mrs, Carl McBride, 7236 Oak Grove Blvd,, spoke in favor of such an Advisory Committee for park and recreation services, 17. Discussion of Possible Resurfacing of 66th Street for Noise Abatement Purposes. Councilman Anderson requested that an item be placed on the agenda to provide an opportunity to deteranine whether the city should request Hennepin County to resurface 66th Street for highway noise abatement purposes. Motion by Anderson, seconded by Jacobsen, that the administration check with Hennepin County regarding this matter, A11 ayes -Carried, ' Motion by Anderson, seconded by Jacobsen, that the following resolution be adopted; that it be spread in the resolution book-and that it be made a part of these minutes: RESOLUTION No, 4885 REQUESTING HENNEPIN COUNTY TO RESURFACE 66th STREET FOR SOUND ABATEMENT PURPOSES Po11 of votes: Ayes - Anderson, Jacobsen, Kenealey, Luettinger and Law, Nayes - None. Absent a-None. Carried, This resolution appears as Resolution No, 4885 in Resolution Book No, 32. 18. Estimates: Motion by Anderson, seconded by Jacobsen, that the following estimate be approved: Northern Contracting Company -Storm Sewer Construction Contract No, 2111, City Pr-oject No, 629 - 99% complete Amount payable - $11,260.94. A11 ayes - Carried, - 12 - December 11, 1972 ...... 19.- Licenses, Motion by Anderson, seconded by Jacobsen, that the following licenses b-e approved: ®•o T Tn ~S trarl . New City of Richfield Soft Drink Park and Recreation (Soft drink vending machines to be used in park warming houses) Renewal Richfield Policemens Federation Soft Drink City Hall soft drink vending machines Renewal Richfield Firemens Relief Association. Soft Drink Fire Stations soft drink vending machines Renewal Robert Long Vending Machine Employees' coffee vending machine New Richfield Student Life Christmas Trees- David J. Goetz, President 7301 Oakland Ave, So. Renewal Mt. Calvary Lutheran Church, 66th & 16th Ave. Christmas Trees Renewal Assumption School, 305 E. 77th St. Food Renewal Hope Presbyterian Church, 7132 Portland Soft Drink Renewal Opportunity Workshop, 512 W. 78th St. Soft Drink, Food Regular: New Penn Garden Center, 6955 Penn Ave. Christmas Trees Renewal Richfield Nursery and Floral, 811 E. 66th St, Christmas Trees Renewal Woodlake 66 Car Wash, 744 W. 66th St. Christmas Trees Renewal West Richfield Jr. High (Coca Cola Midwest) Soft Drink Renewal Short Stop Superette, 7034 Cedar Ave, Soft Drink, Food, Cig. Renewal Snyder's Drug Stores, Inc., 6520 Pillsbury Soft Drink, Cig., Food; Vending Machine Renewal Penny's Super Market, 6530 Pillsbury Soft Drink, Cig., Food, Vending Mach, Renewal Nicollet Embers, Tnc,, 7700 Nicollet Soft Drink, Cig,, Food, Music Box Renewal Penn Embers, Inc., 6500 Penn Soft Drink, Cig., Food; Music Box Renewal American Bakeries Company, 632.8 Penn Food, Food Vehicles Renewal Richfield Liquor {D,K,Carter Co.), 6444 Lyndale Cig., Renewal Richfield Liquor (D.K,Carter Co.), 6636 Cedar Ave. Cig. Renewal City Ha11 (Midwest Vending) Vending Machine, C3.g, Renewal Kenny's Markets, 6722 Penn Ave. 4 Ice Machines, Soft Drink, Cig-. , Food, Food Facility Renews.l Kenny's Markets, 7138 Chicago 2 Tce Machines, Soft Drink, Cig,, Food Renewal Kenny's Markets, 1430 E~, 66th St, Ice Mach., Soft Drink, Cig,, Food, Food Facility (continued) - 13 - 1 Licenses (Continued Taxicab Drivers: New Charles A. Hubbard, 5005-Queen Ave. So. dew Thomas E-. McGuire, 8223 Bloomington., Apt, A New Gordon A, Mahoney, Jr,, 5249 46th Ave, So. New Robert K. Meters, 7134 18th Ave, So. New Sam Anderson, 2507 Central Ave, N.E, New Charles R. Tucker, 3204 16th Ave, So. New Robert M, Heaton, 9617 Russell Ave. 'New Kim Harry Hawkinson, 2905 Princeton Ave, So, Special Permits: New Hennepin County, 700 Nicollet Ave. So. To be erected by: Cragg, Inc, 822 West Broadway A11 ayes - Ca-rried, 20. ~Claims~and Payrolls; December 11, 1972 Taxicab .Driver Taxicab Driver Taxicab Driver Taxicab Driver Taxicab D-river Taxicab Driver Taxicab Driver Taxicab Driver Outdoor Advertising Motion by Anderson,seconded by Luett~inger, that the following claims and payrolls 1 be allowed: RICIiFIELD BANK & TRUST COMPANY Checks SUMMIT STATE BANK Checks All ayes -Carried, 84/+3/9463 37137/37381 Payroll 3/+064/34099 General Setting Date of Hearing for Heidelberg Dini C$tit~ns $348;680.70 $ 85,777.72 75,633,09 ,, Liquor License Motion by Anderson,seconded by Jacobsen, that the hearing date for the Heidelberg Dining Lounge; Inc, liquor license application be set for Tuesday, December 26, 1972, at 7.:00 p,m, All ayes - Carried, 22, Adjournment, Motion by Anderson seconded by Jacobsen, that the meeting be adjourned. All ayes m Carried, Date Ap ed ; ~ Giti2-l~~ o J. Mora, City Clerk Ma or 4 Manager 3'