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05-09-1977a~ CITY OF RIGHFI£LD Regular Meeting May 9, 1977 The Council of the City of Richfield met in regular session in the C4un~il Chambers of the City Hall on Monday, May 9, 1977 at 7:00 p.m, Councilman Jacobsen 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 Jacobsen that the minutes of the April 24, 177 council meeting be approved as presented. All ayes -Carried . 2. Reauest for Variance, 1820 West 68th Street Richard Krier, planning director, presented the request of Mr. Wesley F. Scutt, 1820 West 68th Street, for a variance to construct a below ground swimming pool six feet from his east side-yard lot line. The city code requires a ten foot setback from ail. lot lines . Mr. Krier reviewed the staff's deliberations and their recom- mendation for denial of this request for variance. He also summarized th.e planning commission review and its recommendation for approval of the variance, Paul Maxson, 1810 West 68th Street, and Lawrence T. Johnson of 6733 ~al~land Terrance, both spoke in favor of this variance. Motion by Jacobsen, seconded by Luettinger to close the hearing. All ayes -Carried. Motion by Anderson, seconded by Ludeman to grant this variance with the stipulation that a six foot fence be erected around the structure. All ayes -Carried . 6'' Council Meeting Minutes -2- May 9, 1977 3. Request for Rezoning, 7032 4th Avenue Richard Krier, planning director, reviewed a request for a zoning district change from single family residential .(R) to multi-family residential (M R) to allow construction of atwo-family dwelling on property located at 7032 4th Avenue. He reported that both the staff and the Planning Commission recommended denial of this request. Mr. Thomas K. Davidson, president of Heritage Estates, Inc. , 3907 West 54th Street, spoke in behalf of his request. The following residents appeared and spoke against this request for rezoning: Gloria McLenighan, 7033 4th Avenue Joan C. Dunne, 7038 4th Avenue Ruth Erickson, 7021 4th Avenue • ). Motion by Jacobsen , seconded by Lu etting er to close the hearing . :; All ayes -Carried . Motion by Luettinger, seconded by Ludeman to deny this rezoning request, All ayes -Carried. Recess - 8:00 p.m. Reconvene - 11:00 p.m. 4. Citv Council Initiation of Rezoning for Department Store Parcel i.n L/H/1~T Proi ect Area The city manager observed that, at the HRA meeting of May 9, Financial Properti~~ Developers, Inc. presented a proposal to the HRA for development of a K-Mart Department Store. The developer is requesting the city to initiate rezoning of the proposed store location for general commercial (C2) a planned general commercial Council Meeting Minutes -3~ (PC2) zoning district. May ~, 177 Motion by Anderson, seconded by Jacobsen that the foll~~wing resolution be adopted; that it be spread in the resolution book aricl that it be made a part bf these minutes : RESOLUTION NO. 5716 RESOLUTION RELATING TO THE INITLATION Ol' ZONING AMENDMENT PROCEDURES TO ALLOW f'OR A REZt~NING REQUEST OF THE LAND KNOWN AS TI3E PROPOSED K~MART DEPARTMENT STORE PARCEL Poll.of votes: Ayes -Anderson, Jacobsen, Ludeman, Luettinger, Lavin. Naves ~ None, Carried. This resolution appears as Res. No. 5716 in Res. Baok Nd. 40. 5 . Resolution Initiatin Proced re for- Sale of Tax 1 r_ zne~at d Iss e f _ Proi e ct Motioned by Ludeman, seconded by Luettinger that the f611o<nt1Y~g resol~ti~n be adopted; that it b~e spread in the resolution book and that it be made a part ~f these minutes RESOLUTION NO. 577.7 1 A RESOLUTION DETERMINING NEED FOR PIIVANCINf~ A REDEVELOPMENT PROJECT: AUTHORIZING THE ISS`~ANOE AND SALE OF GENERAL OBLIGATION REDEVELOPMENT BONDB THEREFOR: AUTHORIZING THE EXECUTION. Off' A TAX INOREMENT AGREEMENT WITH THE HOUSING AND REDEVELOPMENT AU'~HORIT~` OF RICHFIELD Poll of votes: Ayes -Anderson, Jacobsen, Ludeman, Luettinger, Lave. Cayes a None. Carried. This resolution appears as Res. No. 5717 irl Res. Book. 1~`~. 4d. 6. Resolution Initia in Procedure f x Sale of Indus _ a.l Rwer~u_ A Y~ ~ - e~ Store Project, L/H/1V Area Motion by Jacobsen, seconded by Anderson that the fdllovrring resdlt~tior~ k~e adopted; that it be spread in the resolution book and that it be made a part of these minutes; Council Meeting Minutes -4- May 9, 1977 RESOLUTION NO. 5719 RESOLUTION GIVING I~RELIMINARY APPROVAL TO A PROJECT UNDER THE MUNICIPAL INDUSTRIAL '' DEVELO~PT~llENT ACT, REFERRING -THE PROPOSAL TCJ THE DEPARTMENT OF ECONOMIC DEVELOPMENT FOR APPROVAL, AND AUTHORIZING EXECUTION OF A MEMORANDUM OF AGREEMENT AND PREPARATION OF NECESSARY DOCUMENTS Poll of votes: Ayes .- Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes -None Carried. This resolution appears as Res. No. 5719 in Res. Book No. 40. 7. Liquor License Application Hearina, Godfather, Inc. , 700 West 66th Street The city manager reviewed the background of restaurants operated at this location prior, to the application of the Godfather. Tom Morgan, public safety director, reported on the public safety department investigation of this license application and observed that the investigating agents were present for questioning if the council desired. Gerald M. Singer, attorney for the applicant, responded to questions from the council regarding the applicant's past history of fires in his businesses . He also spoke of the financial capability of the stockholders and their willingness to correct health violations . Mr, john C. Anzevino, applicant, reported on his plans for remodeling of the building and financing of the restaurant operation. 1Vir. Gerald Burnett, an associate of the applicant, reported on his ability to raise additional capital.` Mr. Francis B. Riley, -6915 Portland, representing the State of Minnesota tax department, reported on negotiations with the buyer and seller of the property for payrhent` of state withholding and sales taxes due. Council Meeting Minutes ~5- May 9, 1.997 Motion by Anderson, seconded by Ludeman to Continue this hearing to the next council meeting to enable the applicant to provide the Council with ddcurr~arl~- tation that the delinquent state taxes have been completely satisfied; and that the continued hearing will provide the applicant an opportunity to deino~istrate that the problem surrounding title of the property has been satisfactorily resoled kay litigation . All ayes -Carried, 8. Second Readina, Transitory Ordinance for Park Acc~uisitioi~ The council considered this ordinance for first reading at the April 11, 197 council meeting and it was introduced for second reading at this titne~ Bill No. 1977-1~0, Transitory Ordinance No. 16.40, "An drdinance Prd~iding for. the' Expenditure of Money from the Special Rev'eriue fund for f ark Acgul.sitiort and Betterment" , was read and reviewed by Clayton I.efe~ere, City attorl~~y. Motiori by Luettinger; seconded by Ludeman that this constitute a se~~and reading of Bill No. 1"977-10; that it be published in the z~ffio~.al newspaper afld that it be made a part of these minutes . Poll of votes: Ayes -Anderson, Jacobsen, Ludeman, Luettinger, Law. Naves None. Carried: 9. Traffic Control Reauests The following traffic control requests had been reviewed by the Traffic- ~bntral Committee and were presented for council action: 64th and Vincent -The committee had recommended denial of this ret~uest far twr~~nray stop signs . Mr. Bob Solheim, 6425 Vincent, the petitioner, was present and spoke of increased traffic from Penn Avenue. Council Meeting. Minutes -6- May 9, 1977 ;, Motion by Ludeman, seconded by Luettinger that the following resolution be adopted;- that- it be spread in the resolution book and that it be made a part of. th.es e~ minutes.:. RESOLUTION NO. 5720 RESOLUTION .RELATING TO TRAFFIC CONTROL SIGNS "STOP" SIGNS ON VINCENT AVENUE AT 64TH STREET MAKING INTERSECTION AFOUR-WAY STOP 1 Poll of votes: Ayes -Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes -None. All ayes -Carried . No Parkina;,..3:3.0-5:30 West Side of Lvndale Avenue between 75th Street and 76th Street Motion by Jacobsen, seconded by Luettinger to defer this item to. the next meeting in order that the neighbors be notified. Poll of votes: Ayes -Anderson, Jacobsen, Luettinger, Law. Nayes -Ludeman. Carried. ,Councilman Ludeman indicated his support for installing the-signs immediately. Motion by Jacobsen, seconded by Luettinger that the requests for traffic control device. at 69th and Chicago, Garfield Avenue between 75th and 76th Streets and Sheridan Avenue between 74th and 75th Streets be denied as recommended by the staff . All :ayes -Carried. 10. Resolution Concernincr Application for FAU Funds for L/H/N Lvndale Avenue Improvements The city manager requested the council to authorize the State Department of Transportation to act in behalf of the city in the construction of Lyndale Avenue, financed through th.e use of Federal Aid Urban Funds . Motion by Luettinger, 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 Council Meeting Minutes -7- May 9, 1977 RESOLUTION NO. 5718 AUTHORIZING MINNESOTA DEPARTMENT OF TRANSPORTATION FEDERAL AID FORM NO. 2 Poll of votes: Ayes -Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None. Carried. This resolution appears as Res . No. 5718 in Res . Book No. 40. 11 Resolution Approving Plans for Construction of Noise Barrier Walls, State of Minnesota Motion by Ludeman, seconded by Luettinger that this item be deferred to the next council meeting and that neighborhood meetings be held to appraise the homeowners of the final plans . All ayes -Carried . 12 Agreement with Hennepin Countv Confirming the Sharing of Costs for Public Improvements in L/H/N Proi ect Area The city manager reviewed the proposed cooperative construction agreement far cost sharing with the county for the public improvements in L/H/N area, City Project Number 705 . 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 NO. 5715 RESOLUTION APPROVING CONSTRUCTION COOPERATIVE AGREEMENT NO. PW-18-19-77 Po11 of votes: Ayes -Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes -None. Carried.. This resolution appears as Res. No. 5715 in Res. Book No. 40. ~, Council Meeting Minutes -8- May 9, 1977 13. Authorization to Negotiate Sale of Fire Apparatus Motion by Ludeman, seconded by Luettinger to defer this item to -the May 23rd council meeting. All ayes -Carried . 14. Cooperative Agreement Passenger Waiting Shelters with the MTC Motion by Ludeman, seconded by Jacobsen that a contract be executed between the City of Richfield and the Metropolitan Transit Commission for construction of four bus waiting shelters to be erected in the L/H/N redevelopment area . All ayes - Carried . 15. Public Relations and Communications Training Motion by Ludeman, seconded by Luettinger that this item be deferred. All ayes -Carried . 16. Amendment to Moritorium on Filling of Full Tirne Vacancies Motion by Luettinger, seconded by Law that this item be deferred. All ayes -Carried. 17. FavmEnts and Estimates Motion by Anderson, seconded by Jacobsen that the following payments and estimates be approved: A. Earl Weikle & Sons, Inc. Est. No. 1, and final, Contract No, 229 C.P. No. 692, Central Garage Concrete Floor, $19,242.00 B. Minnesota Valley Surfacing Co., Est. No. 1, 4% complete, Contract No. 2237; C.P.. No. 686, 1977 permanent paving, areas 12 and 14A $23,556.61. All ayes -Carried Council Meeting Minutes -9- May 9, 1977 18. Claims and Pavrolls Motion by Anderson, seconded by Jacobsen that the following claims and payrolls be approved: RICHFIELD BANK AND TRUST Amount Checks 29367/29792 $926,910.03 SUMMIT STATE BANK Checks 21848/21874 General $334,193.02 Checks 21857/22140 Payroll $131,503.83 All ayes -Carried. 19. Licenses Motion by Anderson, seconded by Jacobsen that the following licenses be approved: Regular New Hub Shopping Center, Hub Business men Itinerant Food New Union 76 Self Serve Food New The Herbal, 6629 Penn Avenue Food All ayes - Garried . Motion by Anderson, seconded by Jacobsen that the following licenses be approved: Taxicab Licenses Renewal Robert Carr, 6527 17th Avenue Renewal Suburban Taxi, 221 Grand Avenue, St. Paul Renewal Yellow Cab, 6405 Cedar Avenue All ayes -Carried. Motion by Ludeman, seconded by Luettinger that the following licenses be approved: Council Meeting Minutes -10- May 9, 1977 Taxicab Drives License (Council .Letter No. 132 and 147). New Paul F. Smith, 2719 W. 43rd Street New Joseph J. Leflan, 25 Jackson Avenue New- William Anderson, 16815 Linden Drive New Gerald Ozga, 4292 2nd Avenue S.E. Renewal Steven P. Mahoney, 4209 Nokomis Avenue New Robert Oliver 3917 Bryant Avenue S. New Carlin Oberg, 832 3rd Avenue All ayes -Carried . Motion by Luettinger, seconded by Jacobsen to deny the application for a taxicab driver's license of John Edward Bryson, of 3613 Blaisdell Avenue. All ayes -Carried. Mr. S. F. Marshall, Sr. , 401 E. Burnsville Crosstown, whose application for approval of a taxicab driver's license had been deferred at the last council. meeting, was present. He submitted a receipt from the City of Bloomington stating he had been licensed by that city and a proof of physical examination from Plymouth Avenue Medical Center. He also presented a letter from Suburban Yellow Cab Company indicating that he would need a license from Bloomington and Richfield before being considered for employment. He requested approval of a taxicab driver's license in Richfield. Motion by Ludeman, seconded by Jacobsen to approve the application of S . F . Marshall . Poll of votes: Ayes -Jacobsen, Ludeman, Luettinger, Law. Nayes -Anderson. Carried . 20. Discussion Items Councilman Luettinger asked if the council can be notified of businesses that come in or leave the community. The city manager explained that the city often has Council Meeting Minutes -11- no means of following such business changes . May 9, 1977 Councilman Luettinger requested the staff to contact the Minneapolis "Star" to express concern regarding the language of sauna ads placed in the newspaper. The city manager summarized provisions of the 1976 arbitration award for Fire Fighters Local 1215. He reported that there is a serious question as to whether the arbitrators had legal authority to render a decision as far as they did, especially in relation to item Number 9 in the award, which refers to continuation of labor agreements indefinitely until a new agreement has been reached . Motion by Anderson, seconded by Jacobsen to direct the administration to prepare and file an appeal on item Number 9 of the arbitration award . Poll of votes: Ayes -Anderson, Jacobsen, Luettinger, Law. Nayes - Ludeman.. Carried Motion by Ludeman, seconded by Luettinger to direct the administration to meet with the firefighters in an effort to finalize the rest of a 1976 contract including all activities as negotiated and awarded by the arbitrators but excluding item Number 9 of the arbitration award as soon as possible. All ayes -Carried . 21. Adjournment Motion by Jacobsen, seconded by Anderson that the meeting adjourn. All ayes -Carried. Time 1:33 a.m. -May 10, 1977 ~,. Date Approved: May 23, 1977 L ren L , aw yor Thomas J. oran City Clerk Wayne S. Burggra f City anager