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08-09-1976CITY OF RICHFIELD Regular Meeting August 9, 1976 The Richfield City Council met in regular session in the Council Chambers of the City Hall on August 9, 1976 at 7:00 PM. The invocation was given by Rev. Charles T. Jones. The meeting was called to order by Mayor Law. Present: Anderson, Jacobsen, Ludeman, Luettinger, Law 1. Minutes Motion by Ludeman, seconded by Anderson that the minutes of the July 26, 1976 council meeting be approved as presented. All ayes - Carried. 2. Hearing on Assessment Rolls for 1975 Street Improvement Project No. 667, Area No. 9 Public works director, Peter Eberz, reviewed the process used in applying the assessment policy. Several residents were present and asked questions regarding their assess- ments. Mrs. A. Gibbs, 7128 James, questioned the breakdown of her assessment and asked about the street lighting program. Martin L. Redman, 7120 Irving, Plat 45412-Parcel 2110, questioned his driveway assessment and said he felt the sod should be replaced; requested a retaining wall; and replacement of a brick planter and fence that were removed. Motion by Luettinger, seconded by Ludeman to continue the hearing on this property to the August 23rd council meeting. A11 ayes - Carried. Thomas Laws, 7114 Lake Shore Drive, Plat 45412-Parcel 0200,questioned his driveway which had been laid during a rain storm, and also those at 7111 Irving, Plat 45410-Parcel 1320 and 7114 Irving, Plat 45412-Parcel 2005. Motion by Anderson, seconded by Jacobsen to continue the hearing on these three properties to the August 23rd council meeting. All ayes - Carried. Council Meeting Minutes -2- August 9, 1976 James Miller questioned the assessment on his driveway at 6621 Newton, Plat 45355-Parcel 2850, which is a joint driveway with Kenneth M. Johnson, 6615 Newton, Plat 45555-Parcel 2921. Motion by Jacobsen, seconded by Luettinger to continue the hearing on these two properties to the council meeting of August 23rd. A11 ayes - Carried, Mrs. John B. Tollefson, 1315 W. 66th Street, questioned her total assess- went and discussed the 35W noise barrier. Rosco Seamans, 6620 Girard, Plat 45085-Parcel 3800, questioned his driveway assessment. Motion by Luettinger, seconded by Jacobsen to continue the hearing on this assessment to the August 23rd meeting. All ayes - Carried. Don Houlding spoke regarding the assessment on the property of his mother at 6801 Humboldt, Plat 46950-0650. Tom Bradshaw, 6b24 Oliver, Plat 45355-Parcel 4000, questioned the calcu- lation of his assessment. Ronald Anderson, 7308 James, Plat 45415-Parcel 5500, questioned his driveway assessment because he had done some of the work himself. Motion by Jacobsen, seconded by Luettinger to continue the hearing on this property to the August 23rd council meeting. A11 ayes - Carried. Joseph Hynan, 6935 Irving, reported on water standing on his driveway. Motion by Luettinger, seconded by Jacobsen to continue the hearing on this assessment. A11 ayes - Carried. Motion by Jacobsen, seconded by Anderson to close the hearing. A11 ayes - Carried. Council Meeting Minutes -3- August 9, 1976 Motion by Anderson, seconded by Jacobsen that, except for the deferred parcels, 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. 5569 RESOLUTION ADOPTING ASSESSMENT ON CITY PROJECT N0, 667, AREA N0. 9 Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None. Carried, This resolution appears as Resolution No. 5569 in Resolution Book No. 39. 3. Hearing on Special Assessments for Programmed Land and 7727 Wentworth Motion by Anderson, seconded by Jacobsen, to continue the hearing on Programmed Land, Inc., Plat 44834-Parcel 0715, to August 23rd as the final review of this property had not been completed. All ayes - Carried. Motion by Jacobsen, seconded by Luettinger to continue the heariaig on 7727 Wentworth, Plat 46530-6310, to the August 23rd meeting as the property owner was not present. A11 ayes -Carried. 4. Request for Rezoning, 211 West 76th Street Richard Krier, planning director, presented the request of Mr. and Mrs. Virgil Farmer, 7614 Pillsbury Avenue, and Ms Goldie Piper, 7608 Pillsbury Avenue, for a zoning district change from multi-residential (MR) to Industrial (I) for the parcels created by the subdivision of 7608 and 7614 Pillsbury. The rezoning is requested to permit the establishment and operation of a funeral home on three properties of land. Mr. Krier presented a petition signed by over 50% of the residents within 300 feet of the property proposed for rezoning (C-9737). He also submitted another petition in which initial signers approving the rezoning were requesting that their names be removed from the petition. (C-9738) Council Meeting Minutes -4- .August 9, 1976 The City Attorney provided advice as to whether there were sufficient signatures to initiate a rezoning. The following people spoke regarding the legalitites of the petition: John Miller, owner of property on West Pleasant Don Derek, 7609 Pillsbury Kenneth Gleason, brother of the applicant, 4628 Vincent Ed Engquist, agent for Century 21, 7036 Lyndale Everett Wood, 7609 Grand The following residents spoke regarding the rezoning request and the special use permit: John Miller, owner of adjacent property, spoke in opposition to the special use permit. Paul Donald Teefy, owner of the property at 211 West 76th Street, spoke in favor of the special use permit. Ralph Olson, 7545 Pillsbury, spoke in opposition and about traffic speeds on 76th Street. Virgil Farmer, the owner of this property, spoke in favor of this proposed use. Also speaking in favor were Richard Sperry, 7645 Grand, and Bruce Rose, 7615 10th Avenue. Kenneth Gleason, of Gleason Mortuary, summarized the deliberations of the evening and said the issue before the council was whether a funeral home should be located in this area. Steven Lindgren, 7132 13th Avenue, chairman of the planning commission, reported on their deliberations. Motion by Ludeman, seconded by Anderson to close the hearing. A11 ayes - Carried, Bi11 No. 1976-18, "An Amendment to Appendix C of the Ordinance Code of Council Meeting Minutes -5- August 9, 1976 the City of Richfield, Minnesota", was read and reviewed by City Attorney, Clayton LeFevere, the same being on file in the office of the city clerk. (C-9739) Motion by Anderson, seconded by Ludeman, that this constitute a first reading of Bill No. 1976-18; that it be published in the official newspaper and that second reading of this ordinance amendment be scheduled for the council meeting of August 23, 1976. Poll of votes: Ayes - Anderson, Ludeman, Luettinger, Law. Nayes - Jacobsen. Carried. ' 5. Re uest for TrTaiver of Platting Procedures, 211 Nest 76th Street -The Planning Director reviewed the application for waiver of preliminary platting procedures of Mr. and Mrs. Virgil Farmer and Ms Goldie Piper for division of land in accordance with Section 3.59 of the Subdivision Regulations. Mr. Krier stated that any action providing for waiver of the platting procedures does not constitute approval of the subdivision of land and that the recommendation of the planning commission was that the council approve the waiver with the stip- ulation that all parcels be combined under one parcel and legal description. Motion by Anderson, seconded by Ludeman to grant the waiver of preliminary platting procedures. Poll of votes: Ayes - Anderson, Ludeman, Luettinger, Law. Nayes - Jacobsen. Carried. Motion by Anderson, seconded by Ludeman to defer the other two items con- cerned with this hearing, the request for special use permit and the request for off-street parking contract, until second reading of the rezoning ordinance is heard. A11 ayes - Carried. 6 Re uest for SA_ecial Use Permit, 1302 East 66th Street for Use as a Used Car Lot Council Meeting Minutes -6- August 9, 1976 Richard Krier, Planning Director, presented the request for special use permit for a used car sales lot at 1302 East 66th Street, a C-2 zoning district. He also reviewed the staff's recommendation for denial since this use does not meet three of the requirements for issuance of a special use permit; 1. The project is not in compliance with the standards for used car lots. 2. The project is not in conformance with the city's adopted comprehensive plan. 3. The project does not comply with conditions governing issuance of a special use permit. The planning commission concurred with the findings of the staff. Mr. Loyal Thompson, 6309 Humboldt, the applicant, and Mrs. Mary Hagen, 6033 12th Avenue, the owner of the property, were present. Mrs. Hagen presented a letter (C-9740) to the council requesting approval of this special use permit. Speaking against this special use permit were Don Houlding, 7145 13th Avenue, and Russell Susag, 7305 1st Avenue, who spoke on the planning commission's deliberations. Motion by Ludeman, seconded by Jacobsen to close the hearing. A11 ayes - Carried. Motion by Ludeman, seconded by Luettinger to deny this request for a special use permit for the reasons specified in the planning commission's report. A11 ayes - Carried. 7. Request for Special Use Permit, Lindahl Olds, 1900 W. 78th Street The Planning Director reviewed the request of Mr. Wally McCarthy of Lindahl Olds, 1900 West 78th Street, for a special use permit to allow hi.m to construct an addition to his sales and service building. He reported on the planning commission's recommendation for approval of this request with the following stipulations: Council Meeting Minutes -7- August 9, 1976 1. That an off-street parking contract be executed for the entire property; 2. That landscaping be provided in accord with city policy; 3. That all existing on-premise advertising shall conform to the city's sign ordinance. It was pointed out there appeared to be several violation of the city's sign ordinance in the signing of the business; flashing lights, banners and size of signs were in question. Mr. Ray Haveroff, service director for Lindahl Olds, indicated they were not aware that their signs were in violation of the ordinance and encouraged the council not to restrict them. Council requested the staff to investigate ordinance changes regarding signs and how it relates to the sign permit that was issued to Lindahl Olds. Motion by Jacobsen, seconded by Ludeman to close the hearing. Motion by Anderson, seconded by Luettinger to continue this hearing to the next council meeting of August 23, 1976. All ayes - Carried. 8. Request for Special Use Permit, Union Oil, 601 E. 66th Street Richard Krier, Planning Director, reviewed the request for special use permit of Union Oil Company to allow them to do heavy mechanical work, such as trans- mission repair, in addition to the usual functions presently performed as a gasoline service station. Both the staff and the planning commission recom- mended approval of this application with the only stipulation being that Union Oil close the north curb cut on Portland Avenue. Mr. Ron Lischeid, lessee of the service station, and Mr. Glen Hubbard, regional manager for Union Oil, were present. Mr. Hubbard stated he was not willing to close the curb cut. Motion by Luettinger, seconded by Jacobsen to close the hearing. All ayes - Carried. Council Meeting Minutes -8- August 9, 196 Motion by Luettinger, seconded by Ludeman to approve this request for a special use permit and waive the stipulation. All ayes - Carried. 9. Request for Special Use Permit, Mr. Nifty, 6300 Lyndale Avenue Mr. R. E. Lenthe, of Mr. Nifty, presented his request for an amendment to an existing special use permit to the council. He requested the elimination of the stipulation that one of the two curb cuts on 63rd Street and one of the two curb cuts on Lyndale Avenue be closed. Peter Eberz, Public Works Director, pointed out that this could be handled without extra cost to the applicant in the 1977 permanent street improvement, program. Russell.Susag, 7305 1st Avenue, reported on the planning commission's deliberations. Attorney for Mr. Nifty, William Sooth, indicated his client was unaware of the stipulations and closing the curb cuts would be detrimental to his business. Motion by Ludeman, seconded by Jacobsen to close the hearing. Motion by Ludeman, seconded by Luettinger to waive the stipulation on closing the curb cuts and approve the special use permit with the following stipulations: 1. Proper screening is provided on the west and south property line; 2. Landscaping is provided; 3. The city codes relative to safety are provided for. A11 ayes - Carried. 10. Request for a Variance to the Zoning Ordinance, Bruce Barnes, 7441 Dupont The Planning Director presented the request of Mr. and Mrs. B. V. Barnes of 7441 Dupont Avenue for a variance to Section 3.30 Subdivision 4, paragraph 1 3, which requires a 10 foot side yard when a home exceeds one and one-half Council Meeting Minutes -9- August 9, 1976 stories in height. Mr. Barnes requested a side yard setback of only 7`6". Motion by Luettinger, seconded by Jacobsen to close the hearing. All ayes - Carried. Motion by Jacobsen, seconded by Luettinger to approve this variance with the stipulation that a permanent easement be maintained on the driveway between the two buildings and that the driveway be maintained as an open area. All ayes - Carried. 11. Amendment to the Zoning Ordinance Relating to the Planned Unit Development Second Readin Bill No. 1976-16, "An Amendment to Chapter III, Part IV of the Ordinance Gode of the City of Richfield", relating to zoning, was reviewed by Clayton LeFevere, City Attorney, the same being on file in the office of the city clerk. (C-9733) Lawrence Wozniczka, 6744 Wentworth, spoke in opposition to a number of areas of the ordinance. Motion by Law, seconded by Luettinger to continue discussion on this ordinance amendment to the August 23rd meeting. All ayes - Carried. 12, Discussion of Two Hour Parking Limit on Trucks -Mrs.T-imothy--L, Reinke, 70-38 2nd-Avenue, ropor-ted-on the inconvenience of the two hour parking limit for her husband`s truck-tractor and requested consideration to change the ordinance. Mrs. Barbara Landesman, of 7032 2nd Avenue, presented a petition (C-9741) stating neighbors did not object to Mr. Reinke parking his truck in his driveway. Motion by Jacobsen, seconded by Luettinger to defer this item to the next council meeting. A11 ayes - Carried. Council Meeting Minutes -10- August 9, 1976 13. Discussion of Noise Control Motion by Luettinger, seconded by Jacobsen that this item be deferred. All ayes - Carried. 14.. Taxicab Rate Increase. Motion by Luettinger, seconded by Jacobsen to acknowledge receipt of notification of taxicab rate increases from Mr. Robert F. Carr (C-9742) of Transportation Diversified, dba Gopher Cab Company, and request that the new rates be filed with the city clerk as part of the public record. All ayes - Carried. 15. Resolution Naming Polling Places and Election Judges 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 N0. 5570 RESOLUTION PROVIDING FOR POLLING PLACES AND DESIGNATING JUDGES FOR STATE PRIMARY - SEPTEMBER 14, 1976 Po11 of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None. Carried. 'T'his resolution appears as Resolution No. 5570 in Resolution Book No. 39. 16. Discussion of Employee Residency Requirements Motion by Luettinger, seconded by Jacobsen that this item be deferred. All ayes - Carried. 17.. Payments and Estimates Motion by Jacobsen, seconded by Ludeman that the following payments and estimates be approved: A. Progressive Contractors, Inc. Estimate No. 4, Contract 2212, 66.6°/° complete. City Project No. 674, 1976 street paving' Areas No 10 and 11 - $477,714.84 Council Meeting Minutes -12- August 9, 1976 19. Amendment to the Ordinance Code Relating to Water Control Motion by Anderson, seconded by Jacobsen that this item be deferred. All ayes - Carried. 20. Purchase in Excess of $1,000 Motion by Ludeman, seconded by Luettinger to approve the purchase of sewer rods in the amount of $2,525. All ayes - Carried. 21. Request for Approval to Sell Fire Engine No. 3 Motion by Jacobsen, seconded by Ludeman to authorize the Public Safety Director to advertise for bids for the disposal of the 1946 Ford with a 600 GPM pump. A11 ayes - Carried. 22. Resolution Regarding Deletion of Noise Barriers Along Section of 35W Motion by Luettinger, 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. 5571 RESOLUTION REGARDING 35W NOISE ABATEMENT PROJECT AND AMENDING RESOLUTION N0. 5536 Po11 of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None. Carried. 'Phis resolution appears as Resolution No, 5571 in Resolution Book No. 39. 23. Appointment to the Human Rights Commission Motion by Jacobsen, seconded by Luettinger to appoint Mr. John W. McMillan, 7000 Oliver Avenue South, to the Human Rights Commission, A11 ayes ~ Carried. .-- Council Meeting Minutes 24, Dates of Budget Hearing -13- August 9, 197b Motion by Zuettinger, seconded by Jacobsen to set the dates of Tuesday, 1 September 7 and '1"hursday, September 9 at 7:00 PM for the budget hearings. A11 ayes - Carried. 25. Adjournment Motion by Anderson, seconded by Jacobsen that the meeting adjourn. A11 ayes - Carried. Time: 1:30 AM, August 1( Date Approved; August 23, 1976 Thomas J. Mor City Clerk (The following was omitted from the minutes in typing.) Claims and Payrolls Motion by Anderson, seconded by Jacobsen that the following claims and payrolls be allowed; SUMMIT STATE BANK Checks 16033/16446 Payroll $141,249.44 Checks General 368,920.35 RICHFIELD BANK AND TRUST Checks 24234/25749 $727,035.62 A11 ayes - Carried. ~~ Wayne S. Burggraaff ty