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10-03-1974 SpecialCITY OF RICHFTFLD SPECIAL M~FI'ING October 39 1974 The Counci'1 of the City of Richfield met in special session. in the Council Chambers of the City Ha11 on Thursday9 October 3a 19740 The meeting was called to order by Mayor Lawo Present; Jacobsen9 Luettinger9 Anderson9 Kenealey9 Lawo Absento Nonea la Request for SpecialmUse Permit Application to Construct a Restaurant at 6401 Nicollet Avenue (Deferred from September 23.9_I974~9 Variance and Off=Street a.ab ~ William Vo Stewart reported on his meeting with neighbors in the area and subm witted an alternate ®ffmstreet parteing plan for 26 ~~aces instead of 19o He also stated that if people were still worried about the traffic resulting from the res® taurant9 the Arthur Trencher people were willing to have a policeman direct, the ~raffico Mrs, Donna Anderson9 63rd .and First Avenue9 reported that she did detect .odors at the Lake Street store and was concerned about traffic and parltinga Jerry Anderson9 6332 First Avenue9 reported he also detected. odors and was conm cerned about traffic and the possibility of traffic turning right on 64th Street, Mrso M, J, Gillham9 6345 First Avenue, voiced concern about traffic going south on Nicolleto She also stated 64th Street was a thru street from Portland to Nicollet and was heavily traveled already, Also, that it was the route for the school bus, Mr, Kenealey excused himself at this time as he had anothei° dommitmento He stated that he favored granting the special use permit and variance before the council, He requested that discuss ion. on the fire portion of the budget be tabled until the next meeting as he had some questions regarding ito Motion by Law9 seconded by Kenealey9 that October 8 and9 if necessary9 October 9 be scheduled for budget hearings as the budget must be approved by October 109 19740 All ayes m Carriedo ~2~ October 3, 1974 Mrs, Mary Lou Cooke, 6408 First Avenue, reported residents are opposed to the establishment of the restaurant. Betty Gaasvig, 6427 First Avenue, spoke in favor of stop signs at 65th and First Avenue. Mr. Gaasvig asked about trash containers. Peg Erickson, 6445 First Avenue, spoke in opposition. Motion by Jacobsen, seconded'by Anderson, to close the hearing, Motion by Anderson, seconded by Jacobsen to grant special use permit and the variance for constructing the building with a lesser sideyard than required by city ordinance with the stipulation that the 64th Street exit be closed and that access to the Stewart building north parking lot be provided. All ayes m Carried. Absent _ Kenealey. Motion by Anderson, seconded by Jacobsen, to approve off street parking contract with the following stipulationse 1. No parking. on south side of 64th Street, Nicollet to First Avenue, 2. The 64th Street exit be closed, 3. Egress be made on the south end of the parking. lot to the Stewart building north parking. lot and that the written agreement between the two companies be attached to the off-street parking contract. 4, That the landscaping plans be approved by the planning departments 5. That the lighting be approved by the public works department. 6. That the sign will be located 15 feet from the ground to the bottom.of the sign and that it be a non rotating sign. All ayes _ Carried. Absent m Kenealey. Motion by Jacobsen, seconded by Luettinger, that the following resolution be adopted; that it be spread in the Resolution Book and that it be made apart of these minuteso rr 3 ur141T~u [t...r. k„i ~~ ~. . ~~: ~tv' 1'. G3~ ®ctober 34 1974 RES®LUTI®N AT'l~R®VING LAY®UI' AN1~ CON`a'l~AC`I F'®R ®FFmS`IRRE`T PARKING IN ACCORDANCE <n1ITEY APPLICATI®N N®o 74=1190®NTRACT No 0 218:3 2, Unresolved Qu®ations Concerning ?.973 Street Improvement Driveway Assessments, Final decisions on unresolved 1973 street improvement assessments were made at the September 239 1974 council meeting except for certain assessments dealing with driveway improvements, l9ecision was deferred on twelve remaining cases to this meetingo The proposed assessment is for work done behind the drivewayo The city manager revi®~aed the staff's recommendations after making on site 1 apron. inspections, Mr, Ro Selby9 7004 18th. Avenuep stated the change in grade is a design error and he should have an adjustment to kris assessment for lack of benefit on his driveway, Motion by Luettinger9 seconded by Jacobsen9 to approve an adjustment of $128 credit to Mr, Selby°s assessmento A11 ayes Carried, Absent m Ken~aleyo Motion by Luettingerp to gra~.t relief on all properties listed, Motion died for lack of a second, RES®LUTION N®a 5248 T~Iilliam Vo Stewart 6425 Nicollet Avenue South Locationo 6401 Nicollet Avenue South Useo Arthur Treacher~f'ish and Chips Restaurant Clergy`s Pile Noo 9566 Motion tay Anderson, s~~onded by Jacobsen9 to adopt the following assessments as proposedo Name Address Proposed Assessment Mro t±arold Sherman Mrs, Robert Hanson A, Go Erickson Mr, Daniel Townsend Jo Ao Eobendrier Orville Jonnes John Go Erickson J, I', Schr®epfer Richard Host Ervin Smrcka Mrs, Christiansen. X639 10th Avenue 67Q0 10th. Avenue 670]. E11iot Avenue 6~7~6 21st Avenue 632.1 15th Avenue 6939 11th Avenue 6500 22nd Avenue 6500 19th Avenue 6444 17th Avenue 7200 :12th Avenue 6929 10th Avenue $ 80,80 227°20 268080 298048 342°56 .195020 11076 0 75020 74040 4070 ~4m October 3, 1974 Poll of votest Ayes m Anderson Jacobsen, Lawn Nayes m Luettinger, Absent m Kenealey Carried, 3. Hearing by the Board of Buildings HealthA and Fire Appeals on Hazardous Dwelling at 7116 2nd Avenue. Mr. Ebert, city public works director9 reviewed the violations recorded by the inspection department against this property, Mr. Ebert detailed the violations as followsa Code Deficiencies Part 1, Sub_standard building violations9 Uniform Building Codes Volume III9 Housing Chapter log Section H~10019 Subdivision (c) Item le "Deteriorated or inadequate foundations", (a) 'T'his structure has no frost footings. (b) On the west side of the building9 part of the south and north walls is covered with corregated metal at ground line9 at the back side of . this area the existing wood sills and plates have started to rot out. ;; ". (c) This structure has a rough excavation below the floor line used to house a furnace and hot water heater. This excavation is below the masonry block line resting at grade level. This excavation at the in- terior foundation wall is shored with a plywood sheathings None of the excavation is supported with proper masonry walls. 'T`he excavm ation is unsafee'thereby creating a hazardous condition if a cave in should occur causing the furnace gas piping to rupture or water lines to breaks There is no floor drain connecting this excavation to the'- sanitary sewer system, Part 2. Sub standard building violations9 Uniform Building Code, Volume IIi Housing9 Chapter 10~ Section Hm1001 (c) Item 2, "Defective or deteriorated flooring or floor supports," Item 3. "Flooring or floor supports of insuffi- cient size to carry imposed loads with safety." {a) Proper footings have not been installed to withstand the vertical structural load through the interior of the dwelling thereby causing the center roof line to settle and buckle. The beam carrying floor foist is overspanned between points of rest9 thereby resulting. in an underdesigned floor system. In additions ground excavated from the pit under the structure has been piled in the crawl space below the dwelling floor system9 filling much of the below floor ventilating area needed to maintain property atmospheric condition, This, in turnyis creating dry rotting of the wood timber construction in the area. The metal attached to the exterior wall at ground level prevents a detailed inspection to verify the extent of dry rotting that has taken place to this point and time. ®5~, October 39.1974 Part 3o Space and occupancy standards9 Uniform Building Code9 Volume III9 Housing9 Chapter 59 Section H~S03 (a~9 "Ceiling Height"e "Habitable rooms9 bathrooms, toilet rooms, and laundry rooms sha11 have a ceiling height of not less than seven feet six inches, Connecting corridors sha11 have a ceiling height of not less than seven feeto In rooms with sloping ceiling the required ceiling height sha11 be provided in at least 50% of the room and no portion of any room having a ceiling height of less than five feet shall be considered as contribm siting to the minimum standards required by Subsection (b~ of this sectiono" (aj `Ihe attic area does not comply with. ceiling height r~quirementso ' (b) The existing bathroom located in this area has a ceiling height of seven feet and the sleeping room has a ceiling height of seven feet in the center to virtually no ceiling height at the walls, Part 4 0 ~ The ~a:ttachEd:. garage a •(a~ The existing attached garage has the same basic code deficiencies as the mein structure9 that is9 the lade of frost footings and stx°~a.ct~iral deficiencies making the structure incapable of with® standing the loads that it should be designed fore Mr, Tom Ticen9 representing the owners of the b•oilding9 requested of the board that they grant relief from the variances explaining that this was an old house and that the violations existed at the time of purchase and that the owners have imm proved the houses but to incur the excessive costs to comply with the above listed variations would be financially impossibleo Mro Smith and Mro Cummings both presented evidence of the things they had done to the building to improve ito Robert Darsow9 building inspoctc~r~ feported on his initial discovery of worts being done on the property and his inspections regarding permits that had been issued, John~l-ea~."acting city attorney9 asked questions of the property owners to see whether certain remedies c~suld be accomplished in order to remove the citation that the building is uninhLabitableo The board felt that they would be in a better position to melee a decision on the liveability of this house~~.f-they were able to m~.ke on site inspections them- selves, It was agreed by the owners to provide a. key so that they could inspect the placed -6- October 3, 1974 Motion by Jacobsen, seconded by Anderson, to continue this hearing for relief on hazardous dwelling conditions to the regular council meeting. on Tuesday, October 15, 1974. All ayes - Carried, Absent - Kenealey. 4. Authorization to Incur Expenditures in Excess of $1,000 - Sod_ Replacement for City Project No. 6500 The public works director reported that the city staff had received informal bids for sod replacement on City Project 650 and recommended that the council authorize a contract not to exceed $48900 for replacing sod in various areas throughout City Project 650 at a unit price of $1.35 a yard for sod and $5,00 a cubic yard for black dirt. All ayes - Carried, Absent - Kenealey. Motion by Andersone seconds~by Jacobsen, that the meeting be adjourned. All ayes - Carried. Absent - Kenea~ey. Times 11:35 p.m. Thomas J. Mo City Clerk ~~J ~~ l°l~ o,~ Wayne S. Burggraaff Ci Hager 1 ~..i., e......o_~s...~ _ flrtnhcr 1 ri 1 A76_