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06-13-19771 CITY OF RICHFIELD Regular Meeting June 13, 1977 The Council of the City of Richfield met in regular session in the Council Chambers of the City Ha11 on Monday, June 13, 1977 at 7:00 PM. Rev. Harald Grindal of Oak Grove Lutheran Church, gave the invocation. The meeting was called to order by Mayor Loren L. Law. Present: Anderson, Jacobsen, Ludeman, Luettinger, Law. 1. Minutes Motion by Luettinger, seconded by Ludeman that the minutes of the regular council 1 meeting of May 23 and the special .meeting of May 31, 1977, be approved as amended. A11 ayes - Carried. 2. Request for Zoning District Change and Special Use Permit - and Ofd-Street Parking Contract, Super America Station, 826 West 66th Street Wayne Burggraaff, city manager, reviewed the procedures for requested actions on a special use permit, an off-street parking contract and a variance, all of which are subject to approval of the rezoning application. Richard Krier, planning director, reviewed the rezoning request of the Super America Station to change the zoning district from C-1, neighborhood. commerical, to C-2, general commercial. He reported that the staff and the planning commission had both recommended approval of this rezoning request. Mr. John Hogenson of Super America Stations, Znc., St. Paul, was present and answered questions in behalf of his firm's request. Motion by Jacobsen, seconded by Anderson to close the hearing. A11 ayes - Carried. Bi11 No. 1977-14, "An Amendment to Appendix D, Sections 2 and 3 of the Ordinance 1 Code of the City of Richfield, Minnesota", relating to defining neighborhood business districts of the city, was read and reviewed by the city attorney, the same being on file in the office of the city clerk. (C-8796) Council Meeting Minutes -2- June 13, 1977 Motion by Luettinger, seconded by Ludeman that this constitute a first reading of Bill No. 1977-14; that it be published in the official newspaper and-that second reading of this ordinance amendment be scheduled for July 11, 1977. Poll of votes: Ayes -'Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None. Carried. Motion by Luettinger, seconded by Jacobsen to approve the special use permit, contingent on implementation of the rezoning in Bill No. 1977-14 and subject to the following stipulations as listed in Council Letter No. 174: 1. The applicant dedicate appropriate right-of-way for public street puxpose along 66th Street. 2. The applicant provide structural and landscape design plans in conformance with the adopted L/H/N Urban Design Guidelines. 3. The applicant construct a 10 foot wide walk along 66th Street; the L/H/N project to pay for five feet width of the walk. Motion by Anderson, seconded by Luettinger to approve the off-street parking contract, contingent on implementation of the rezoning in Bill No. 1977-14. All ayes - Carried. Motion by Anderson, 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 these minutes: RESOLUTION N0. 5732 RESOLUTION APPROVING LAYOUT AND CONTRACT FOR OFF-STREET PARKING IN ACCORDANCE WITH APPLICATION N0. 77-3, CONTRACT N0. 2240 Super America 826 West 66th Street Use: Gasoline Service Station Clerk's File No. C-8799 Poll of votes: Ayes - Anderson, Jacobsen, Luettinger, Ludeman, Law. Nayes - None. Carried. This resolution appears as Resolution No. 5732 in Resolution Book No. 40. Council Meeting Minutes -3- June 13., 1977 3. ~e~uest-for a Variance for Canopy over Gas Station Pumps-Super America Mr. John Hogenson of Super America Stations, Inc., requested a variance to the canopy over the gas station pumps; the structure will be designed to serve as pro- tection for customers using the self-serve gas pumps. Motion by Luettinger, seconded by Jacobsen to grant this variance, contingent on implementation of the rezoning in Bi11 No. 1977-14. All ayes - Carried. 4. Request for Variance, 6544 - 5th Avenue The city planning director reviewed the request for variance of Mr. Richard Johnson to construct an attached garage to his Name which would make the sideyard setback one foot. Mr. Krier reported on the staff's recommendation for denial of this request since the proposed structure would be too close to the street right- of-way line. Richard Johnson, the applicant, appeared and spoke in behalf of his request. Robert Dunn, 6814 Sheridan, the builder, was also present. Motion by Anderson, seconded by Jacobsen to close the hearing. A11 ayes - Carried. Motion by Jacobsen, seconded by Anderson to grant the variance as requested by the property owner. A11 ayes - Carried.. 5. Request for Variance, 6944 Portland Avenue The city planning director presented the request of Mr. Raymond Abel for a variance to the zoning requirement to construct a roofless deck 13 feet into the sideyard setback. Mr. Krier reported the staff had recommended denial of this re- quest and that the planning commission had recommended approval. The applicant, Mr. Abel, was present. Motion by Jacobsen, seconded by Luettinger to close the hearing. Council Meeting Minutes -4- June 13, 1977 All ayes - Carried. Motion by Luettinger, seconded by Ludeman to grant this request for variance. All ayes - Carried. 6. Request for Special Use Permit for a Car Wash and Wax Business, 6645 Penn Avenue Richard Krier, planning director, reviewed the request of Mr. Mike Kelley of Sir Waxer, Inc., Milwaukee, Wisconsin, for a special use permit to allow his company to operate a specialty car wash and waxing business at 6645 Penn Avenue, which is a vacant FasGas Station. Mr. Kelley, the applicant, was present and answered questions regarding this proposed business. Robert Bezdeny of 6648 Oliver, asked about fencing and landscaping of the property. Motion by Ludeman, seconded by Jacobsen to close the hearing. All ayes - Carried. Motion by Ludeman, seconded by Anderson that the following resolution be adopted; that it be spread in the resolution book and that it be made apart of these minutes: RESOLUTION N0. 5726 RESOLUTION APPROVING LAYOUT AND CONTRACT FOR OFF-STREET PARKING IN ACCORDANCE WITH APPLICATION N0. 77-4, CONTRACT No. 2241 Sir Waxer 105 N. Michigan, Milwaukee Location: 6645 Penn Avenue South Use: Specialty Gar Wash and Waxing Business Clerk's File No. C-8800 Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None. Carried. This resolution appears as Resolution No. 5726 in Resolution Book No. 40. Motion by Ludeman, seconded by Anderson to approve the special use permit for a public garage, with the stipulation that an alternative to the fence requirements be resolved with the staff. 1 ~1 ~I A11 ayes - Carried. Council Meeting D4inutes -5- June 13, 1977 7. Proposal for General Commercial Planned Unit Development - Promotional Department Store Site - Lyndale/Hub/Nicollet Redevelopment Project Unit The city planning director presented information on the proposed K-Mart project concerning which the HRA and city council have previously held hearings-and for which the city has entered into a redevelopment contract. He stated that Financial Properties Developers, Inc., Atlanta, Georgia, and the Richfield Housing and Redevelopment Authority have requested the following actions of the city council: 1. Zoning district change from general commercial to planned general commercial 2. Approval of the preliminary PUD plan 3. Approval of a special .use permit 4. Approval of a preliminary plat Mr. Hyman Edelman, 1800. Nicollet Plaza, spoke in opposition to rezoning for re- development and alleged that there was inadequate evidence of blight to support public acquisition of property for this project. Mr. Gordon Strom, 6617 Humboldt Avenue, spoke in opposition to the proposed special assessment for public improvements. Motion by Jacobsen, seconded by Luettinger to close the hearing. All ayes - Carried. Bill No. 1977-15, "An Amendment to Appendix C of the Ordinance Code of the City of Richfield, Minnesota", describing the boundaries of the zoning districts enumerated in Chapter III, Part TV, Section 3.28, Subdivision 2 of said code, was read and reviewed by city attorney, Clayton LeFevere, the same being on file in the office of the city clerk. (C-8798) Motion by Jacobsen, seconded by Luettinger that this constitute a first reading of Bi11 No. 1977-15; that it be published in the official newspaper and that the second reading of this ordinance amendment be scheduled for July 11, 1977. Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None. Carried. Council Meeting Minutes -6- June 13, 1977 Motion by Ludeman, seconded by Luettinger to approve the preliminary plat, the preliminary PUD plan and the special use permit with stipulations as listed in Council Letter No. 179; with all of these actions contingent on implementation of the rezoning in Bill No. 1977-15. All Ayes - Carried. 8. Discussion on Sheridan Park (Not on Agenda) Robert Solheim, 6425 Vincent, appeared before the council with a number of children, requesting a full time park program at Sheridan Park. He reported on a petition that had been presented to the recreation department. The city manager reviewed the history of the 1977 budget planning process and described the budget revision which would be necessary to cover a half-day summer park program at Sheridan Park should the city council decide to authorize this program. 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. 5727 RESOLUTION AUTHORIZING TRANSFER OF APPROPRIATION FROM THE 1977 CONTINGENCY " ACCOUNT FOR SUMMER PARK PROGRAM Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None. Carried. This resolution appears as Resolution No. 5727 in Resolution Book No. 40. 9. Proposed Revision in Sauna License and Masseuse Certificate Fees. The city manager and city attorney reviewed the two proposed ordinances; Bill No. 1977-1I, "An Amendment to Chapter V, Part II, Section 5.25 of the Ordinance Code of the City of Richfield", relating to the license fees of sauna and massage parlors, and Bill No. 1977-12, "An Amendment to Chapter V,, Part II, Section 5.26 of the Ordinance Code of the City of Richfield", relating to the certificate fee for the practice of massage. Council Meeting Minutes -7- June 13, 1977 Attorney E11is 01kon, 2226 IDS Center, representing Sauna City, Kings and Queens Sauna and Caesers Sauna, spoke in opposition to these proposed ordinances and questioned the investigatory fees. Motion by Luettinger, seconded by Ludeman to close the hearing. A11 ayes - Carried. Motion by Luettinger, seconded by Ludeman that this constitute a second reading of Bill No. 1977-11; 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. Motion by Ludeman, seconded by Luettinger, that this constitute a second reading of Bill No. 1977-12; that it be published in the official newspaper and that it be made apart of these minutes. Po11 of votes; Ayes - Anderson, Jacobsen, Ludeman, Luettinger, I~aw. Nayes - None. Carried. 10. Ordinance Amendment Concerning Sauna Licenses Clayton LeFevere, city attorney, read and reviewed BiI1 No. 1977-13; "An Amendment to Chapter V, Part II, Section 5.25 of the Ordinance Code of the City of Richfield", relating to limiting the number of sauna licenses which may be issued, the same being on file in the office of the city clerk. ~C-8797) Ellis 01kon, attorney, spoke in opposition to this ordinance amendment and questioned the justification in reducing the number of sauna licenses allowed from five to four. Motion by Ludeman, seconded by Luettinger that this constitute a first reading of Bi11 No. 1977-13; that it be published in the offical newspaper and that second reading of this ordinance amendment be scheduled for July 11, 1977. Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None. Carried. Council Meeting Minutes -8- June 13, 1977 11. Purchase in Excess of $1,000 Motion by 3acobsen, seconded by Ludeman to authorize the purchase of one Drott 4-1 Bucket, equipped with a quick coupler for mounting on a front end loader from Ziegler, Inc. in the amount of $1,800. All ayes - Carried. 12. Authorization for Sale of Fire Apparatus The city manager reported that the city had received a formal purchase offer from the City of Lake City for the fire division's 85 foot aerial ladder truck in the amount of $67,500. Motion by Ludeman, seconded by Jacobsen to authorize the city manager to accept the purchase offer from the City of Lake City in the amount of $67,500. A11 ayes - Carried. Motion by Ludeman, seconded by Jacobsen to authorize the proceeds of the sale to be added to the fire vehicle reserve fund. A11 ayes - Carried. Motion by Ludeman, seconded by Jacobsen to authorize the city manager to develop specifications and solicit bids for a replacement fire pumping engine. A11 ayes - Carried. Councilman Ludeman left the meeting. RECESS RECONVENE 10:55 PM 10:58 PM 13. Setting Public Hearing Date for Change in L/H/N Project Boundaries Motion by Jacobsen, seconded by Luettinger to set the date of July 11, 1977 for public hearing for the purpose of amending the L/H/N project area boundaries to in- elude the total parcel of city owned property in Richfield Lake. All ayes - Carried. Absent - Ludeman. fl 1 Council Meeting Minutes -9- June 13, 1977 14. Approval of Request for Proposal and Authorization to Advertise for Bids for Data Processing System Motion by Jacobsen, seconded by Luettinger to authorize Phase III of the agree- went for data processing consulting services with the firm of Intech, Inc. and to authorize the Advertisement for Bids for the proposed data processing system. All ayes - Carried. Absent - Ludeman. 15. Request for Barricades for Block Parties Motion by Anderson, seconded by Jacobsen to approve the two following requests for barricade erection for block parties; the only stipulation being that they be erected in such a way so as to permit ingress and egress of emergency vehicles should this be necessary; Mrs. Charles Tooley, 7421 Vincent, June 18 between the hours of 3:00 PM and 11:00 PM and Ms. Corrine Briggs, 7240 Dupont, June 18 between the hours of 5:00 PM and 11:00 PM. All ayes - Carried. Absent - Ludeman. 16. Request for Release of Bond on Off-Street Parking Contract, Mr. Steak 1420 East 78th Street Motion by Luettinger, seconded by Jacobsen that this item be deferred. All ayes - Carried. 17. Purchase of Jerry's Standard Station, 6600 Lyndale Avenue The city planning director presented a request to purchase right-of-way for the L/H/N pablic Improvement, City Project 705, as contract negotiations on this property had been completed. 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. 5728 RESOLUTION AUTHORIZING PURCHASE OF REAL PROPERTY AND Il~IOVABLE FIXTURES AT 6600 LYNDALE AVENUE Council Meeting Minutes -10- June 13, 1977 Poll of votes: Ayes - Anderson, Jacobsen, Luettinger, Law. Nayes - None. Absent - Ludeman. Carried. This resolution appears as Resolution No. 5728 in Resolution Book No. 40. 18. Purchase of Betty Crocker Pie Shop, 711 West 66th Street The city planning director presented another request on property acquisition for right-of-way for the L/H/N Public Improvement, City Project 705. 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 apart of these minutes: RESOLUTION N0. 5729 RESOLUTION AUTHORIZING PURCHASE OF REAL PROPERTY AND Il~IIKOVABLE FIXTURES AT 711 WEST 66th STREET Poll of votes: Ayes - Anderson, Jacobsen, Luettinger, Law. Nayes - None. Absent - Ludeman. Carried. This resolution appears as Resolution No. 5729 in Resolution Book No. 40. Motion by Jacobsen, 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 these minutes: RESOLUTION N0. 5730 RESOLUTION AUTHORIZING LOAN FROM PERMANENT IMPROVEMENT REVOLVING FUND TO CITY PROJECT NUMBER 705 Po11 of votes: Ayes - Anderson, Jacobsen, Luettinger, Law. Nayes - None. Absent - Ludeman. Carried. This resolution appears as Resolution No, 5730 in Resolution Book No. 40. 19. Report on Metro Council System Statement The city manager presented the Metropolitan Draft Systems Statement which the Metropolitan Council has asked the city to review. The review is the first step in Council Meeting Minutes -11- June 13, 1977 a seven step process for finalizing the systems statement and updating the city's comprehensive plan in accord with this statement. The city planner reviewed the staff and the planning commission's recommendations regarding this Systems Statement. Motion by Anderson, seconded by Luettinger to support the staff recommendations. A11 ayes - Carried. Absent - Ludeman. 20. Airport Master Plan The city planning director reviewed the airport master plan study which is basically a capacity study incorporating the findings of a team of aviation, transportation and land use experts regarding the future capability of Wold-Chamberlain Field to remain as the region's major air carrier airport. Mr. William Olson, airport planner, was present to answer questions. Motion by Anderson, seconded by Luettinger to accept the master plan as a concept for guiding development at the Metropolitan Airports Commission. A11 ayes - Carried. Absent - Ludeman. 21. Payments and Estimates Motion by Jacobsen, seconded by Luettinger that the following payments and estimates be approved; Electric Service Company, Estimate No. 2, Contract 2238, C.P. No. 686 1977 residential street lighting, Areas No. 12 and 14A - $23,977.62 Minnesota Valley Surfacing Co., Estimate No. 2, Contract 2237, C.P. No. 686 1977 permanent paving, Areas No. 12 and 14A - $255,346.23 A11 ayes - Carried. Absent - Ludeman 22. Claims and Payrolls Motion by Luettinger, seconded by Jacobsen that the following claims and payrolls be approved: RICHFIELD BANK AND TRUST Amount Checks 29408/30251 $2,226,893.69 SUMMIT STATE BANK Checks 22438/23083 General $ 822,496.47 Checks 22764/23068 Payroll 133,324.40 Council Meeting Minutes -12- June 13, 1977 All ayes - Carried. Absent - Ludeman. 23. Licenses Motion by Luettinger, seconded by Anderson that the following licenses be approved: Regular Renewal PDQ, 813 E. 66th Street Taxicab Drivers. Ice machine, add'1 food, soft drink, cigarette New Timothy R. Marshessault, 6724 Garfield, Richfield New Jack J. Riddle, 18899 Lyndale, Lakeville New Joseph G. Lewandowski, 8 Point Cross Drive, Circle Pines New Scott E. Abekon, 7608 Morgan, Richfield New ~ Randall E. Nelson, 2827 W. 70th Street, Richfield New Michael E. Carl, 550 W. Sandhurst Drive, Roseville New John A. Kurowski, Jr., 3625 17th Avenue, Minneapolis A11 ayes - Carried. Absent - Ludeman. 24. Extra Item - Deeding Land to City Mayor Law reported on a letter he had received from Oak Grove Lutheran Church concerning the possibility of deeding apiece of land now owned by the church to the city. It is a narrow triangular piece of approximately 10,666 square feet. f' 1 The city manager reported the concensus of the city staff was that no public purpose would be served by public ownership of this land. Motion by Jacobsen, seconded by Luettinger to support the staff position in opposition to accepting a deed for this land and to authorize the city manager to discuss with the church the possibility of adjusting the street assessment. All ayes - Carried. Absent - Ludeman. 25. Amendment to Moritorium on Filling of Full Time Vacancies Motion by Luettinger, seconded by Jacobsen to approve the filling of the vacancy for the water maintenance man position in the water division of the public works department and defer consideration of such authorization for the position of personnel director. Council Meeting Minutes -13- June 13, 1977 All ayes - Carried. Absent - Ludeman. 26. Extra.Item - Appointment of MTC Commissioner Motion by Jacobsen, 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 these minutes: RESOLUTION N0. 5731 SUPPORTING APPOINTMENT OF CORING M. STAPLES FOR MTC COMMISSIONER Poll of votes: Ayes - Anderson, Jacobsen, Luettinger, Law. Nayes - None. Absent - Ludeman. Carried. This resolution appears as Resolution No. 5731 in Resolution Book No. 40. 27. Adjournment Motion by Anderson, seconded by Jacobsen that the meeting adjourn. All ayes - Carried. Absent - Ludeman. Time: 12:00 Date Approved: June 27, 1977 Thomas J. an City Clerk ~o~en L. Lana ~ °" ayor Wayn S. Burggraaff ity ger 1