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03-14-1977CITY OF RICHFIELD Regular Meeting March 14, 1977 The Council of the City of Richfield met in regular session in the Council Chambers of the City Hall on Monday, March 14, 1977 at 7:00 PM. Councilman Anderson gave the invocation. The meeting was called to order by Mayor Law. Present: Anderson, Jacobsen, Ludeman, Luettinger, Law 1. Minutes Motion by Ludeman, seconded by Luettinger that the minutes of the February 28, 1977 council meeting be approved as presented. All ayes - Carried. 2. Not on Agenda Mr. Ray Haverak, of Lindahl Oldsmobile, requested a temporary sign permit to use searchlights to promote a special event on March 14, 15 and 16. Motion by Jacobsen, seconded by Anderson to grant this request. All ayes - Carried. 3. Presentation of Check to School District for Outdoor Recreational-Facilities for West Junior High Pool Mayor Law presented the city's check in the amount of $70,300 to the Richfield school board, representing the city's contribution toward the building of the out- door swimming pool at West Junior High School. Accepting the check in behalf of the school were board members John Hamilton and Roger Stern, and District Finance Manager, Emil Shipka. 4. Special Use Permit, Liquor License Application and Amendment to Off-Street Parking Contract, Butterfield Overland Express Restaurant Mayor Law read a letter from Mr. R. F. Condon (C-9782) requesting the council to grant a six week to two month deferral on the hearing of the liquor license application and amendment to the special use permit. Paul Willingham of 7600 Emerson, spoke in behalf of the residents of the surrounding area who were all opposed to the granting of the special use permit and the liquor license application. He introduced the following people who had Council Meeting Minutes -2- March 14, 1977 circulated petitions against this application: Jan Cerney, 7545 Fremont Mary Nelson, 7409 Fremont Diane Olsen, 7532 Fremont C. A. Meter, 7415 Humboldt Jan Bailey, 7505 Fremont Mrs. Cornell Groth, 7520 Fremont Gertrude Ulrich, 7601 Aldrich Richard Krier, the city planning director, answered questions regarding the highway department's issuance of a permit for ingress and egress to the property. Mrs. Gertrude Ulrich, 7601 Aldrich, spoke in favor of deferring this appli- cation until there is an indication as to how the entire area will be developed. Mr. R, F. Condon, the applicant, reviewed the status of the zoning on the property and the studies he had made on this project. Public safety director, Tom Morgan, reviewed the staff's investigation of the liquor license application and their recommendation for denial. . Motion by Ludeman, seconded by Anderson to close the hearing. All ayes - Carried. Motion by Ludeman, seconded by Luettinger to deny the amendment to the special use permit. A11 ayes - Carried. Motion by Anderson, seconded by Jacobsen to defer a decision on the liquor license application until the next regular meeting of March 28, 1977. A11 ayes - Carried. 5, Proposal for Multi-Residential Planned Unit Development Wood Lake School Site The planning director reviewed the request of Architectural Alliance, 400 Clifton Avenue, Minneapolis, for a zoning district change from "R" to "PMR" (planned multi-family residential), a special use permit and a preliminary plat review. The developer also requested an equal land trade with the city. -Archi- tectural Alliance is proposing to design, construct and manage a high quality, moderate to high income market rate multi-family housing complex on the present Wood Lake school site. Council Meeting Minutes -3- March 14, 1977 Sandy Ritter, of Architectural Allicance, reviewed the general plan for development and Don Hagen, also representing the developer, reviewed the firm's concern about a number of unresolved problems on the project. Mr. Herbert Ketchum and Mr. Williams, representing the developing firm, were also present. Mr. Krier reviewed the staff's deliberations on the application, noting that this project has been reviewed for compliance with the Planned Unit Development Ordinance and the L/H/N Redevelopment Plan. Motion by Ludeman, seconded by Anderson to close the hearing. AlI ayes - Carried. Motion by Luettinger, seconded by Jacobsen to approve the preliminary plan and the preliminary plat. A11 ayes - Carried. Motion by Ludeman, seconded by Luettinger to approve the concept of the property exchange and the concept of a zoning district change from "R" to "PMR". All ayes - Carried. 6. L/H/N Improvements Pro]ect Report Peter Jarvis of BRW, presented a status report on the L/H/N public improvements. The planning director reviewed requests for the staff to begin negotiating agreements with Hennepin County for traffic improvements for 66th Street between I-35W and Lake Shore Drive and for construction of the public improvement of the L/H/N. He also requested that the 68th Street closing in the plan be deleted. Earl Maffett, 6745 Harriet, spoke in favor of deleting the closing of 68th Street from the L/H/N plan. Lawrence Wozniczka, 6744 Wentworth, reviewed the RING committee's deliberations on this proposal. Motion by Luettinger, seconded by Ludeman to delete the 68th Street closing as proposed in the Lyndale/Hub/Nicollet redevelopment public improvements plan. All ayes - Carried. Council Meeting Minutes -4- March 14, 1977 Motion byLudeman, seconded by Jacobsen to authorize the staff to negotiate a construction and maintenance agreement with Hennepin County for the'Lyndale/Hub/ Nicollet project area; and to negotiate traffic improvements for 66th Street between I-35W and Lake Shore Drive. All ayes - Carried. 7. Ordinance Amendment Relating to Parking Facilities for Handicapped Citizens Bill No. 1977-8, "An Amendment to Chapter IX, Section 9.03 of the Ordinance Code of the City of Richfield" relating to the parking and stopping of vehicles, was read and reviewed by city attorney, Clayton LeFevere, the same being on file in the office of the city clerk. (C-9783) Motion by Jacobsen, seconded by Luettinger that this constitute a first reading of Bi11 No. 1977-8; that it be published in the official newspaper and that second reading of this ordinance amendment be scheduled for April 11, 1977. Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None. Carried. 8. Ordinance Amendment Relating to the Human Rights Commission Bi11 No. 1977-9, "An Amendment to Chapter XII, Part III, Section 12.23, of the Ordinance Code of the City of Richfield" relating to a human rights commission, was read and reviewed by the city attorney, the same being on file in the office of the city clerk. (C-9784) Motion by Luettinger, seconded by Anderson that this constitute a first reading of Bi11 No. 1977-9; that it be published in the official newspaper and that second reading of this ordinance amendment be scheduled for April 11, 1977. Po11 of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None. Carried. 9. Ordinance Amendment Relating to PIR Funds. The city attorney reviewed Bill No. 1977-6, Second Reading. "An Amendment to Chapter XII, Part I Council Meeting Minutes -5- March 14, 1977 Section 12.18, of the Ordinance Code of the City of Richfield", relating to the permanent improvement revolving fund, the same being on file in the office of the city clerk, (C-9776) Motion by Ludeman, seconded by Jacobsen that this constitute a second reading of Bill No. 1977-6; that it be published in the official newspaper and that it be made a part of these minutes. Po11 of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None. Carried. 10. Ordinance Amendment Relating to Compensation for Council Members. Second Reading. Bill No. 1977-4, "An Ordinance Amending Ordinance Code Section 12.02, Subdivision 1, entitled 'Compensation of Mayor and Council Members"', was read and reviewed by the city attorney, the same being on file in the office of the city clerk. (C-9773) Motion by Jacobsen, seconded by Anderson that this constitute a second reading of Bill No. 1977-4; that it be published in the official newspaper and that it be made a part of these minutes. Po11 of votes: Ayes - Anderson, Jacobsen, Ludeman, Law. Nayes - Luettinger. Carried. 11. Approval of Purchase in Excess of $1,000 Acting city manager, Joyce Wilde, presented two requests for approval of purchases in excess of $1,000 which are required for completion of City Project No, 700, the construction of a storm sewer drainage project in the area of 73rd Street and Colfax Avenue, The purchases were two pumps from Waldor Pump and Equipment Co. in the amount of $4,965, and control panels from Edison Controls, Inc. in the amount of $2,490. Motion by Anderson, seconded by Jacobsen to authorize the two purchases as requested. All ayes - Carried. Council Meeting Minutes -6- March 14, 1977 _ 12. Request for Loan to HRA for Acquisition of Property at 6610 Graham Avenue The city planning director advised the council that Mrs. Josephine Ramsey-Hanson owner of the property at 6610 Graham Avenue, had requested the Richfield HRA to purchase her single family home which will soon become available for sale. Because the HRA has no acquisition funds at this time it will be necessary to borrow funds from the city to accomplish this purchase. Motion by Ludeman, seconded by Jacobsen to authorize the execution of the loan agreement with the HRA for acquisition of this property. A11 ayes - Carried. Motion by Ludeman, 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. 5691 RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT TO LOAN MONEY TO THE RICHFIELD HOUSING AND REDEVELOPMENT AUTHORITY AND PROVIDING FOR THE PERFORMANCE THEREOF BY ADVANCEMENT FROM THE PIR FUND Poll of votes: Ayes - Anderson,Jacobsen, Ludeman, Luettinger, Law. Nayes - None. Carried. This resolution appears as Resolution No. 5691 in Resolution Book No. 40. Recess - 11:18 Reconvene - 11:24 13. Approval of Agreement for Joint Sludge Disposal Study with City of_Bloomin~ton Ken Conway, water department superintendent, answered questions from the council regarding the proposed lime sludge disposal study. Motion by Jacobsen, seconded by Ludeman to defer action on a proposal for a joint study-with Bloomington and to direct the staff to contact Hennepin County and other communities within the county to see if a proposal for a county-wide study could be developed. All ayes - Carried. Council Meeting Minutes -7- March 14, 1977 14. Commission Appointments Motion by Jacobsen, seconded by Anderson that the following two individuals be appointed to the Human Rights Commission: Brenda Olsen, 7620 Park Avenue David B. Young, 6701 Stevens Avenue All ayes - Carried, Motion by Luettinger, seconded by Jacobsen to appoint Herbert Ketchum, Jr., 7212 Oak Grove Boulevard, to the Sign Ordinance Revision Committee. All ayes - Carried. 15. Disposal of Cit Vehicles Motion by Anderson, seconded by Jacobsen to authorize the sale of five police vehicles in the May 7, 1977 Hennepin County auction and to authorize the same of a 1969 Harley Davidson police special motorcycle through informal negotiations. All ayes - Carried. 16. Claims and Payrolls Motion by Jacobsen, seconded by Anderson that the following claims and payrolls be approved: RICHFIELD BANK AND TRUST Amount Checks 28260/29033 $ 797,231.57 SUMMIT STATE BANK Checks 20032/20085 General 1,280,512.52 Checks 19987/20b90 Payroll 135,862.88 All ayes - Carried. 17. Licenses Motion by Luettinger, seconded by Jacobsen that the following licenses be approved: Regular Renewal Walser Buick, 2100 W. 78th Street New and used motor vehicles New Surfco, 7701 Lyndale Avenue Vending machine Council Meeting Minutes -8- March 14, 1977 Licenses (Continued) Taxicab Drivers New Daniel B. Howard, 10006 Brookside Avenue, Bloomington New Ronald J. Roth, 1524 E. 77th Street Renewal Wayne M. Looj, 5236 Minnehaha Avenue, Minneapolis Renewal Robert I. Grouse, 6935 James Avenue New Deborah A. Spraguer, 4748 Blaisdell Avenue, Minneapolis Renewal Paul W. Bergstrom, 1958 Tatum Street, St. Paul New George C. Peer, Jr., 3400 Blaisdell Avenue, Minneapolis New Roland E. Levercom, 1918 Northdale Boulevard, Coon Rapids Renewal Bruce R. Enstad, 3011 W. 71st Street New Richard F. Hild, 9900 11th Avenue, Bloomington New Michael E. Bronston, 3425 16th Avenue, Minneapolis All ayes - Carried. ' 18. Extra Items Not on the Agenda , Mayor Law reported receipt of a letter from the state auditor which commented on findings of certain transactions made by the Richfield Fire Relief Association during their year ending December 31, 1975. The letter indicated that certain transactions were required to be reimbursed and that until the state was provided with evidence that this reimbursement had occurred, the state would not be sending the city the state aid for the Fire Relief Association. Motion by Anderson, seconded by Luettinger to refer the letter from the state auditor to the city attorney with the request that he assist the relief association in providing the evidence to the state auditor that such reimbursement had been made. A11 ayes - Carried. Councilman Ludeman reported that he had been contacted by a number of residents along highway 35W where sound barriers were constructed at 73rd Street near the walk-over bridge. The complaint of the neighbors was that the height of the sound barriers is such that people using the cross-over bridge could not see if anyone was on the bridge before entering. Motion by Ludeman, seconded by Luettinger to direct this concern to the staff and ask them to contact the state highway department to see if some change can be Council Meeting Minutes -9- March 14, 1977 J 1 made in the tapering of the barriers. A11 ayes - Carried, 19. Adjournment Motion by Anderson, seconded by Luettinger that the meeting adjourn. A11 ayes - Carried. Time: 11:50 PM. Date Approved; March 28, 1977 Thomas J, Mor City Clerk Wayne S. Burggraaff City Manager