10-15-1974CI`~ OP RICHf'IET,H
Id;GUTAI~. MS:~I'11~TG
October 15, 1974
~a.e Council of the City of B.ichfield met in regular session in the Council
Chambers of the Cites Ha11 on `1'~aesday~ October 15a 1974 at 7000 p.m.
Counc3.lm.an Anderson gave the invocation.
`Z`kie meeting was called to order by Maybr I~aw.
Presents Anderson, ~Cenealey9 I,uettinger, Law.
Absents Jacobsen
Councilman Jacobsen arrived at 7e10 p.m.
1. Minutes.
Motion by I,uettingerfl seconded by Jacobsen9 that the minutes of the September
12, September 26 and October 3a 1974 meetings be approved as presented,
Councilman ~enealey requested that the notati®n "Absent - Kenealey" be
inserted in item 4 of the October 3 agenda.
All ayes - Carried.
2. Hazardous welling at 7116 2nd Avenue. (C®ntinued Hearing)
Peter Eberz, public works director, reviewed the information which b.ad been
presented to the Board of Buildings Health9 anal fire Appeals when the hearing was
initiated at the October 3 special ccsuncil meeting,
Mr. George G~~mings and Mr. Jerry ~. Smi•tl±, owners of the property, appeared to
answer questions a~~d requested that the red tag be removed from the property,
`1`he city attorney entered into the record the defects and violations to the
Uniform Building ;ode which were enumerated in the city cox~n~;il minutes of October
3, 1974.
It was reco~rended by the staff that the Board of Appeals affirm in whole the
existence of the violations and require the correction of these violations, In
addition, it was recommended that the Board of Buildings Health and fire Appeals
affirm the actir~n of •the chief inspector iii not allowing the occupancy cif this
-2- October 15, 1974
building until the violations are corrected.
Motion by Luettinger, seconded by Kenealey, to deny the petitioner's request i
for relief from the violations recorded by the inspection division of the depart-
went of public works.
All ayes - Carried.
3. Petition to Vacate Pleasant Avenue from 65th Street to a Point 157.70 feet
South of 65th Street.
7.'he city planner, Dick Krier, reviewed the staff's and the planning commission's
findings regarding this petition and their recommendation for approval,
Richard Simon, owner of Penny's and Mr. Herman, architect,. appeared in favor
of street vacation. Mr. Herman presented a plan for improvements of the parking
area.
Bill No. 1974-19, Transitory Ordinance No. 16.25 m "An Ordinance Providing
for the Vacation of a Portion of East Pleasant Avenue", was read, the same being
on file in the office of the city clerk. (C-9573)
Motion by Anderson, seconded by Jaco~xsen, that this constitute a first reading
of Bill No. 1974-19, with stipulations, (listed below) that it be published in the
official newspaper; and that it be made a part of these minutes.
Stipulation 1. Improvements to parking lot be completed,
Stipul~.tion 2. Necessary easements be granted.
Stipulation 3. Sidewalks be developed in this area to fit in
conformance with future commercial improvement
program.
Po11 of votes: Ayes - Anderson, Jacobsen, Kenealey, Luettinger, Law. Naves - None,
Carried,
4. Petition to Vacate the A11ey Running Parallel and East of Cedar Avenue
from 66th Street to 65th Street.
City planner, Dick Krier, reviewed the recommendation from the staff and
planning commission for approval of this petition subject to the following
stipulations:
m3® Oct®ber 159 1974
1. Legal right-of way change order being granted by the state,
2. Necessary easements being granted.
3, Access of Lot 3 being guaranteed,
Bi11 No, 1974.18, Transitory Ordinance No. 16m24 m "An Ordinance Providing
for the Vacation of a Portion of the A11ey in Block 1, New Ford Town", was read,
the same being. on file in the office of the city clerk, (Cm9573)
Motion by Luettinger, seconded by Jacobsen, that this constitute a first
reading of Bi11 No. 1974-189 that it be published in the official newspapers and
that the ~seco~d - reading consideration be deferred for a sufficient period of
time to provide the petitioners with,an opportunity to resolve the stipulations
mentioned above.
Po11 of voteso Ayes m Anderson, Jacobsen, Kenealey, Luettinger, Law, Nayes _ None.
Carried,
Mayor Law presented a certificate of appreciation to Steve Lundell for his
services on the Human Rights Commission.
5° Application for Special Use Permit to Operate Transmission Repair Garage
at 7444 Lyndale Avenue.
Dick Krier, city planner, presented the staff's findings and their recomm
mendation for denial of the application, He also reviewed the planning commission's
recommendation for approval with the following stipulationst
1. That additional landscaping be completed,
2. That the southwest curb cut to Lyndale be closed and the
southeast curb .cut to 75th Street be moved at the time
permanent street improvements are completed.
3. That the remaining curb cuts be recurbed to increase traffic
safety and the curb on the property in disrepair and missing
be. replaced and repaired,
~. ghat the parking lot be~~ a a(c unci~®~~~~~)
Motion by Lue~tt•inger, seconded by Jacobsen, that property owners be notified
of planning comission meetings on all case studies that come before the commission,
A11 ayes Carried,
*5. No disabled or unsightly automobiles be stored on the
premises unless it is there for light body work. (Council 10/28)
-4m October 15,.1974
Robert Grant, Bloomington, owner of the garage, appeared and asked about
the stipulations
Mrs, Hs Hs Gallimore, 7437 Aldrich, asked about a dunk car parked in back
of the garage over a weekend,
Rs L, Erlandson, 7501 Aldrich, asked about the hours of operation of the
business.
Woodrow Brown, 7445 Aldrich, asked about painting the west side of the fence
and storing cars outside.
Motion by Jacobsen, seconded by Anderson, to close the hearing,
A11 ayes - Carried,
Motion by Kenealey, seconded by Jacobsen, to revoke the earlier approved
special use permit for this property to operate a restaurants
All ayes - Carrieas
Motion by Kenealey, seconded by Jacobsen, that a special use permit be
approved, with. previously -listed. stipulations, and additional stipulations
that it cover only transmission repair work on cars, that no disabled or un-
sightly automobiles be stored on the premises, and that the fence be painteds
A11 ayes - Carrieds
6s Application for Special Use Permit for Church Parking Lot, Wooddale Baptist
Churchs
Mayor Law indicated that he would conduct the hearing but would abstain
from voting because he is a member of Wooddale Baptist Churcho
Dick Krier, planning director, reviewed the application and the staff°s
recommendation for approval, He listed the standards of the Ordinance and gave
the report of the staff indicating that, in their opinion, the standards of the
Ordinance would be met, 7."he manager°s Council Letter 1Voo 262 was presented,
He also reviewed the planning commission°s recommendation for denial of the request
1
~5®
October 15,. 1974
for a special use permit to build p. parking lot, `T~h.e plann~.ng commission° s minutes
on this. matter were presented.
Austin Chapman,. 701.5 `T~xpa Drive, Edina, represented Wooddale Baptist Church
and presented the church's position in favor of the applicani®n.
Roger Johnson, architect for Wooddale Baptist Church, reviewed the proposed
parking plan for 65 cars.
Barton-Aschmann Associates, Inc,, Cedar®Riverside, traffic engineers for the
applicant, presented a traffic analysis, (C®9569)
Dewey Newcombe, M. A. I. real estate appraiser for the church, presented a
report on the effect the proposed parking lot would nave upon property values of
surrounding real estate. (Cm9570)
Jerry Fil.la, attorney, 2091 Hartford Street, St. Paul,. representing residents
L'
opposed to the parking lot, presented arguments against the proposal and requested
denial.
John Daniels, 140 E. 78th Street, an appraiser for the objecting neighbors,
reported that he felt the installation of a parking lot would create an inbalance
of land use along First Avenue and would have the effect of reducing property
values on First Avenue and Nicollet Avenue. (C-9568)
`The following people appeared in favor of the proposalo
J
George Tellgren
}Dave~E~i~kson
Dr, Paul Noren
Dave J, Ande~soti.
Charles Jones
Peter Nyval
Charles Miller
D, C,.Baurle
6937 Upton
7421 `T'homas
7128 Lakeshore Drive
7139 Bloomington
7007 Oliver
7620 `T'homas
7200 Oakland
7638 Logan
(Council 10/28)
~6= October ,15, 1974,
The following people appeared against the proposals
-..~Tiffi"=-Cuddigan 7125 1st Avenue
Jo Arthur Lyght 711E 1st Avenue
Pauline Ronneberg 714.1 lst Avenue
Aa~e1 Fv Peterson 714.5 Nicollet
Henry Peterson 7217 First Avenue
K.ar1 Truniger 7040 1st Avenue
Betty ~'ordstrom 7141 Nicollet
1~ennis 09Brien 7124 1st Avenue
Marshall Salisbury 7201 1st Avenue
Mrs, Ralph Brown 7105 1st Avenue
J, C0 Cuddigan 7125 1st Avenue
Town Langford 7100 1st Avenue
Sven Olaffson 7120 Stevens (Council 10/28)
Motion by Anderson, seconded by Jacobsen, to close the hearingo
A11 ayes m Carriedo
Motion by Anderson, seconded by Jacobsen, to a~iprove the special use permit,
Po11 of votese Ayes o Andersot., Jacobsen, Luettinger, Nayes m Kenealey,
Abstained m Lawo Carried,
Motion by Jacobsen, seconded by Anderson, to approve the off street parking
contract wifh the following stipulationse
1, Landscape and lighting plans to be approved by city staffo
Z, All necessary building permits to be obtained by the applicant,
3~ -A11 off street parking spaces to be kept clear of snow at all
times by the applicant,
Po11 of voteso Ayes _ Anderson, Jacobsen, Luettinger, Nayes _ Kenealey, Abstainedo
Law, Carriedo
Councilman Kenealey invoked the 1l o9clock adjournment rule as called for
in Resolution Noo 4722, Mayor Law asked for unanimous consent to continue in
session to take care of necessary business items, Councilman ~Zenealey declined
to give his consent,
Meeting adjourned 11040 pamo m October 15, 19740
m7® October 15, 1974
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1
October 28, 1974
`T'homas Jo Mor •Cit~? 01er~
C r,~ ~ `~
Wayne Burggraa y Manager