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11-10-1975CITY OF RICHFIELD REGULAR MEETING November 10, 1975 The Council of the City of Richfield met in regular session in the Council Chambers of the City Hall on Monday, November 10, 1975 at 7:00 PM. Rev. David Yates, Wooddale Baptist Church, gave the invocation. The meeting was called to order by Mayor Pro tem E. E. Jacobsen. Present: Anderson, Jacobsen, Ludeman, Luettinger Absent: Law (Arrived at 7:50) 1. Minutes Motion by Luettinger, seconded by Anderson, that the minutes of the Octob®~ 27, 1975 meeting be approved as printed. A11 ayes - Carried. Absent - Law. 2. Canvass of November 4, 1975 City Election. Motion by Luettinger, seconded by Ludeman, that the following resolution b® adopted; that it be spread in the resolution book and that it be made a part Ai' these minutes: RESOLUTION N0. 5441 RESOLUTION DETERMINING RESULTS OF CITY GENERAL ELECTION OF THE CITY OF RICHFIELD HELD ON TUESDAY, NOVL~ER 4, 1975 Po11 of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Nayes - t~ofna. Absent - Law. Carried. This resolution appears as Resolution No, 5441 in $es®~ lution Book No. 37. 3. Request for Special Use Permit for Day Care Center, 7244 Stevens Avenue Richard Rrier, Planning Director, presented the request of Mrs, Vivian Trygg for a special use permit to use her home for a day care center for pres~i~®®1 children age two years and older. He reported that the planning commission h~ recommended issuance of the special use permit with the following stipulationsi Council Meeting Minutes -2- November 10, 1975 1. That the rear yard be adequately fenced for safe outdoor play. 2. The applicant conform to the Hennepin County license requirements. Nancy Hegg, 7200 Queen Avenue, a day care operator for three years, appeared and questioned why the city does not notify all day care centers as to the city ordinances. Sue Tewalt, 4600 Vincent Avenue South,, of the Hennepin County Family Day Care Center, appeared and requested to meet with the council to discuss family day care centers in Richfield. Motion by Ludeman, seconded by Luettinger, to approve the application subject to the following stipulations as listed in Council Letter No. 333: a. That no more than five full time, or the equivalent in part time children, are cared for on the premises. b. 'that the applicant conform to Hennepin County licensing requirements and submit a copy of the Hennepin County license and any renewals as they became available. c. 2'hat the rear yard be adequately fenced for safe outdoor play. All ayes - Carried. Absent - Law. 4. Request 1 ti Port re, /4 Avenue 18 Portland Avenue st Planning Director, Richard Krier, presented the criteria for a variance request and stated the staff approved this waiver of preliminary platting procedures in this instance by the fact that a lot of record is proposed to be subdivided into two lots and no additional easement or public rights-of-way will be needed. Mr. Myron Gunderson, 6601 Knox, the applicant appeared and explained his proposal for this location, that of dividing the lot into two lots, one 63.9' X 132.9' (8,483 sq. ft.) and the second 55' X 132.9' (7,201 sq. ft.) Council Meeting Minutes -3- November 10, 1~7~ Mr. Russell Susag, of 7305 First Avenue, a member of the planning commisei~~ discussed the planning commission's recommendation for granting approval of this variance with the recommendation that when a home is constructed on the new part®1, it should utilize the existing or expanded curb cut at 7418 Portland Avenue. Jan Bray, 7720 Penn, a bicyclist, spoke in support of a double width drive~oay. Frances Ctuumins, 7101 Garfield, spoke in favor of this application with tw® curb cuts. Bruce Wo1d, 6215 Clinton, a bicyclist, spoke regarding the number of curb eut®. Motion by Luettinger, seconded by Anderson, to close the hearing Motion by Ludeman, seconded by Luettinger, to grant this variance and waive the preliminary platting procedures with the following stipulations: A driveway on the south side of the new house be constructed and a separs,te turn-around on each lot in the back of the houses be constructed. A11 ayes - Carried. Absent - Law. Mayor Law arrived at 7:50 PM. 5. Supplemental Assessment Hearing for St. Peter's Church '1"he city manager reviewed the background of St. Peter's Church's request for a hearing to consider a supplemental assessment for the permanent street construction program. Peter Eberz, public works director, explained the calculations for street assessments based on single family residential policy, commercial policy and tax exempt policy. He indicated that to date all tax exempt properties have b®®n taxed on this basis. Mr. Mike Tatone, 6344 16th Avenue, representing St. Peter's Church, appeared and indicated the church staff felt a fair assessment would result from a reduction of approximately $3,000. Council Meeting Minutes -4- November 10, 1975 Motion by Jacobsen, seconded by Luettinger, to close the hearing. All ayes - Carried. Motion by Luettinger, to approve the assessment as calculated. Motion lost for lack of a second. Motion by Ludeman, seconded by Jacobsen, to decrease the assessment for Plat No. 4125 in a total amount of $925.80 based on benefit received. All ayes - Carried. Mayor Law gave special recognition to Boy Scout Troop 339 from Assumption Church that were in the audience. 6. Parking Restrictions in the Vicinity of the High School As requested at the last council meeting, a task force was formed to consider the parking problems in the area of the high school. The public safety director outlined the mayor recommendations of the task force listed in Council Letter No. 337 as follows; 1. Creation of a parking control zone in the vicinity. The boundaries of this parking control zone would be from Wentworth Avenue to Lyndale Avenue and from 68th Street to 74th Street. This zone is proposed primarily to aid the council in planning for parking re- strictions in the high school area. 2. The second recommendation is that parking restrictions in this zone be standardized by choice of the residents. Three options would be available: A morning restriction, "No Parking 8;00 AM to 10:30 AM", a noon hour restriction of "No Parking 10;00 AM to 1:00 PM", or no restrictions whatsoever. (Any establishment of parking restrictions different from the above would be based on public safety or engi- neering considerations.) 3. The task force endorses the students concern for more off-street parking and recommends to the city council that they discuss this concern and communicate it to the school board. Don Williams, of 6944 Grand, appeared and spoke in favor of parking restrictions and requested the restriction of "No Parking 8:00 AM to 4:30 PM" be made a part of the survey letter. Council Meeting Minutes -5- November 10, 1975 Robert Engman, 7013 Garfield, suggested "No Parking". Student members of the task force, Leslie Yamamoto, of 7200 Logan, and Peter McKenna, of 7005 Oak Grove Boulevard, were present. Mr. McKenna spoke, indicating the student body hope to attain 120 parking spaces on the street in the area. Resident members of the task force that appeared were Mrs. Penny Glendenning, 7109 Garfield, and Mark Erspamer, 201 West 72nd Street, Dan Hayes, 901 Rae, suggested asking Oak Grove Church if students could use their parking lot. Bill Schlegel, 7544 Clinton, questioned the need for 200 parking spaces. '1"he following people appeared in interest: Robert Holler, 6833 Grand Kirstin Nielson, 6629 Newton Connie Seifert, 7209 Columbus Dan Venne, 6433 20th Sharon Lundquist, 7228 W. Pleasant Motion by Jacobsen, seconded by Anderson, to approve the recommendations of the task force as proposed, including the following parking prohibitions: 1. Redesignate Garfield Avenue from 70th Street to 72nd Street as "No Parking 10:00 AM to 1:00 PM". 2. Redesignate the south side of 72nd Street between Harriet and Grand Avenue as "No Parking 8:00 AM to 4:00 PM" on the basis of a public safety priority. 3. Establish "No Parking 10:00 AM to 1:00 PM" on Pillsbury Avenue between 72nd and 73rd Streets and on Pleasant Lane between East Pleasant and Pillsbury Avenue. 4. Redesignate all other existing "No Parking 8:00 AM to 10:00 AM" zones as "No Parking 8:00 AM to 10:30 AM" zones. All ayes - Carried. Motion by Jacobsen, seconded by Anderson, that the following resolutions be adopted; that they be spread in the resolution book and that they be made a part of these minutes: Council Meeting Minutes -6- November 10, 1975 RESOLUTION N0. 5442 RESOLUTION ESTABLISHING A PARKING CONTROL DISTRICT IN THE VICINITY OF THE HIGH SCHOOL RESOLUTION N0. 5443 RESOLUTION RELATIlVG TO TRAFFIC CONTROL SIGNS - PARKING RESTRICTIONS IN THE VICINITY OF THE RICHFIELD HIGH SCHOOL Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None. Carried. These resolutions appear as Resolutions Numbers 5442 and 5443 in Resolution Book No. 37. 7. Hearing on Lyndale/Hub/Nicollet Redevelopment Wayne Burggraaff, city manager, presented an overview of the L/H/N Redevel- opment Plan and reviewed Phase T, which consisted of inventory, economic potential analysis, problem assessment and goals and objectives; Phase II, alternative plans and concept land use program; and Phase III, development plan, urban design elements,. project costs and financing, relocation and property acquisition, the financial analysis and the environmental assessment. Peter Jarvis, consultant with Bather, Ringroae, Wolsfeld, Inc., reviewed the physical plan of the development as proposed by the HRA. Richard Krier, city planning director, presented the suggested methods for financing the development: Sale of land, assessments, community development money, Hennepin County, federal aid urban, tax increments and other. Charles LeFevere, representing the city attorney's office, spoke on the obligations of the city in regard to adoption of the plan and financial com- mitment. Robert Lien, chairman of the planning commission, read Resolution No. 16 adopted by the planning commission on October 15, 1975. Mr. Pat Rickert, 67.0 Garfield, representing RING,and Carl McBride, representing the Commercial Improvement Committee, appeared and spoke regarding the goals and objectives of their respective organizations. Council Meeting Minutes -7- November 10, 1975 Mr. Ralph Bruins, president of Summit State Bank, read a letter from Developers Diversified to Richard Krier indicating an interest in locating a K-Mart Store at 66th and Lyndale, Ed. Nedelcoff, president of the Hub Businessmen's Association, spoke in favor of the-plan. Gertrude Ulrich, 7601 Aldrich, read a resolution from the Chamber of Commerce, passed 11/7/75, requesting action on the plan. (C-9679) Dave Featherly, executive vice president of Sibley, spoke in favor of the plan. Ralph Bruins indicated he had been informed by Gabbert's of their interest in locating a store in Richfield. Dave Nelson, of Nelson's Restaurant, and Burt Rutman, of Lyndale Gardens, both spoke in favor of the development. Ralph Bruins read letters of approval from Korner Plaza, Naegele Adver- tising and Engler ?'heaters. The city planning director confirmed Lyndale Hardware's support of the program. City attorney, Clayton LeFevere, read the following from a letter from Nathanson, Bard & Levy, attorneys for 'the Shawe Company: (C-9680) "The owners of this property do not oppose the redevelopment plan in total. In fact, the Shawe Company wishes to go on record as being in favor of a redevelopment plan which would commercially revitalize the City of Richfield. Our opposition to the proposed plan centers entirely on the manner in which that plan would affect the intersection of 66th and Lyndale and our property in particular. We express no opinion on the balance of the plan." Also appearing in favor of the plan were Felton Jenkins, representing the Senior Citizens Committee and Rev. R. J. Bingea, pastor of House of Prayer Lutheran Church. Council Meeting Minutes -8- November 10, 1975 Connie Hoverson, president of the League of Women Voters, was also present at the hearing. Joseph Ertman, 7533 3rd Avenue, presented a letter (C-9681) from the Ad Hoc Housing Committee urging the council to approve the LHN plan. Norm Gilbertsen, 6717 Lyndale, expressed his agreement with the plan and said he would like his property zoned commercial in the plan. Clark Belford, 6701 Grand, stated he was opposed to the plan and felt it would increase taxes. Thur1 Quigley, 6701 Harriet, said he was not opposed to the overall plan but was concerned for the area near his home. Delores Wire, 721 Graham, spoke regarding the commercial zoning of her property. Lawrence Wozniczka, 6744 Wentworth, spoke regarding Mr. Krier's presentation for a plan cost and financing, Item No. 4 -- "Bonds must not be sold or the site assembled until the developer and tenants are committed financially." Mr. Wozniczka suggested that staff investigate rewording the statement to include a method of repayment of the bonds from the individual area. Brian Flesche, 6725 Garfield, stated he was opposed to expansion of the bank and requested a hearing at a convenient time. Motion by Luettinger, seconded by Ludeman, to continue the hearing on the Lyndale/Hub/Nicollet Redevelopment Plan on the November 24th council meeting, that this item be Number 1 on the agenda and the balance of the agenda be appropriately short. A11 ayes - Carried. 8. Amendment to Adding Section 4.1 and Public Places. :er IV of the Ordinance Code of the City of Richfield ating to the Hitting of Goif Balls in Public Parks 1 Council Meeting Minutes -9- November 10, 1975 Bi11 No. 1975-18, "An Amendment to Chapter IV of the Ordinance Code of the City of Richfield Adding Section 4.15 Relating to the Hitting of Golf Balls in Public Parks and Public Places", was read and reviewed, the same being on file in the office of the city clerk. (C-9671) Motion by Jacobsen, seconded by Ludeman, that this hearing be closed. All ayes - Carried. Motion by Jacobsen, seconded by Ludeman, that this constitute a second reading of Bill No. 1975-18; that it be published in the official newspaper and that it be made a part of these minutes. Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None. Carried, 9. Transitory Ordinance Providing for the Expenditure of Money from the Special Revenue Fund for Park Acquisition and Betterment. Bi11 No. 1975-19, Transitory Ordinance No. 16.36, "An Ordinance Providing for the Expenditure of Money from the Special Revenue Fund for Park Acquisition and Betterment", was read and reviewed, the same being on file in the office of the city clerk. (C-9675) Motion by Jacobsen, seconded by Ludeman, that this hearing be closed. All ayes - Carried. Motion by Jacobsen, seconded by Ludeman, that this constitute a second reading of Bi11 No. 1975-19; that it be published in the official newspaper and that it be made a part of these minutes. Poll of votes: Ayes - Anderson, Jacobsen, Luettinger, Ludeman, Law. Nayes - None. Carried. 10. Purchase in Excess of $1,000 Motion by Jacobsen, seconded by Ludeman, to approve the quotation of Halla Nursery in the amount of $3,600 and authorize the staff to purchase 10 eight inch diameter green ash trees for Augsburg park. Council Meeting Minutes -10- November 10, 1975 11. Request for Release of Off-Street Parking Bond, 7-11 Stores, 6949 Nicollet Motion by Jacobsen, seconded by Anderson, 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 N0. 5444 RESOLUTION RELATING TO RELEASE OF BOND ON OFF-STREET PARKING Southland Corporation 9100 West Bloomington Freeway Location; 6949 Nicollet Avenue Use; 7-Eleven Convenience Grocery Store Poll of votes: Ayes - Anderson, Jacobsen, Ludeinan, Luettinger, Law. Nayes - None. Carried. This resolution appears as Resolution No. 5444 in Resolution Book No. 37. 12. Request for Sign Permit Motion by Jacobsen, seconded by Anderson, to approve the application of St. Richard's Church to erect a sign on their property at 76th and Penn. Motion was withdrawn. Motion by Jacobsen, seconded by Ludeman, that this item be deferred. All ayes - Carried. 13. Request to Install Fence on City Property Motion by Ludeman, seconded by Jacobsen, to approve the request of Rev. Grindall, of 6645 Newton Avenue, to install a board-on-board rough cedar fence three feet onto. city property. A11 ayes - Carried. 14. Request from Animal Humane Society of Hennepin County Motion by Law, seconded by Jacobsen, that this item be deferred. A11 ayes -.Carried. 15. Resolution Relating to Participation in the Suburban Hennepin County Nursing District. Council Meeting Minutes -11- November 10, 1975 Motion by Ludeman, seconded by Luettinger, to defer this item and to request the staff to provide the council with more information. All ayes - Carried. 16. Noise Abatement Barrier Petition The city manager presented a petition from C. Frederic Axelson, 6408 Emerson (C-9682) opposing an earlier petition (C-9666) that requested extension of a noise abatement barrier from 6436 Emerson through 6400 Emerson. The city attorney explained the process of withdrawal of names from a petition if the need arises. Motion by Jacobsen, seconded by Ludeman, to defer this item and request the staff to contact the signers of the protested petition to confirm their desires. A11 ayes - Carried. 17. Payments and Estimates Motion by Jacobsen, seconded by Ludeman, that the following payments and estimates be allowed: A. B-E Enterprises, Inc., Estimate No. 3, Contract No. 2195, 76% complete. City Project No. 671, Roosevelt Park Bldg. Improvements - $8,976.60 B. Bituminous Roadways, Inc., Estimate No. 5, Contract No. 2194, 95% complete. City Project No. 671, Roosevelt Park Site Improvements - $51,644.43 C. B-E Enterprises, Inc., Estimate No. 3, Contract No. 2196, 53% complete. City Project No. 675, Penn Liquor Store - $15,167.70 D. Elder Jones, Inc., Estimate No. 1, Contract No. 2198, 41% complete. City Project No. 677, Wood Lake Nature Center Storage Bldg. $10,072.62 E. Dependable~Excavating Co., Inc., 100% complete. City Project No. 668, Memorial Park Tot Zot Grading and Landscaping - $1,863.00 All ayes - Carried. Council Meeting Minutes -12- November 10, 1975 18. Licenses ,Motion by Luettinger, seconded by Jacobsen, that the following licenses be approved: Regular Renewal William A. Cragg, 822 West Broadway Sign Hanger Taxicab Drivers New Anthony C. Tucker, 4166 Rahn Rd. Renewal Charles T. Croxen, 5305 Vernon Avenue New Douglas L. Kern, 3323 41st Avenue South New Harold C. Anderson, 3128 Holmes Avenue New Daniel M. Seivert, 89 E. King, St. Paul New Edward Jones, 858 Fuller New Lonn P. Peacock, 3395 Yankee Doodle Road New Perty M. Smith, 6944 10th Avenue New Loren Gausman, 12501 Skyline Drive New Richard K. Hardy, 2907 Hillsboro Avenue North New Eric G. Olson, 683 E. 79th ~~6 New 'T'homas P. Monson, 4166 Rahn Road A11 ayes - Carried. 19. Claims and Payrolls Motion by Jacobsen, seconded by Luettinger, that the following claims and payrolls be allowed; RICHFIELD BANK AND TRUST AMOUNT Checks 20514/21436 $835,150.19 SUMMIT STATE BANK Checks 7933/7994 General 474,673.57 8561/9091 Payroll 116,250.58 A11 ayes - Carried. 20. Adjournment Motion by Luettinger, seconded by Jacobsen, that the meeting adjourn. All ayes - Carried. Time: 1;40 AM, November 11, 1975. ~~ Council Meeting Minutes -13- Date Approved: November 24., 1975 . Law November 10, 1975 v ~ n ~~~ 'Thomas J.~~Ioran City Clerk n ~ ~•~ Wayne S. Burggraaff ty ger