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07-11-1977CITY OF RICHFIELD Regular Meeting July 11, 1977 The Council of the City of Richfield met in regular session in the Council Chambers of the City Ha11 on Monday, July 11, 1977 at 7:00 PM. Revo John McMillan of St. Nicholas Episcopal Church, gave the invocation. The meeting was called to order by Mayor Law. Present: Jacobsen, Ludeman, Luettinger, Law Absent: Anderson 1. Minutes Motion by Ludeman, seconded by Jacobsen that the minutes of the June 27, 1977 council meeting be approved as presented, All ayes - Carried. Absent - Anderson. Councilman Anderson Arrived at 7:05 PM. Z. Presentation of Check from Lions Club to the City of Richfield for the Community Center Representatives of the Lions Club, Russ Gerrick, Norm Martinson and Lloyd Olson, presented the City a check for $733.60 which represented proceeds from a pancake breakfast. This check was designated for use at the Community Center. 3. Request for a Variance to the Zoning Ordinance, 7644 Colfax Avenue Richard Krier, planning director, reviewed the request of Mr. Robert Leary, 7644 Colfax Avenue, for a variance to the ordinance which establishes the sideyard building setback line. Mr. Leary would like to construct an addition to an ex- isting single garage of 5.8 feet. Mr. Krier reported the staff had recommended denial of this request. He also reviewed the planning commission deliberations and their recommendation for approval. Mr. Leary, the applicant, appeared and spoke in behalf of his request. Mot ion by Luettinger, seconded by Jacobsen to close the hearing. A11 ayes - Carried. Motion by Luettinger, seconded by Jacobsen to approve this variance to Council Meeting Minutes -2- July 11, 1977 construct an addition to existing garage. All ayes - Carried. 4. Request for a Special Use Permit, 7724 Harriet Avenue Richard Krier, planning director, presented the request of Jim Whitesell, property owner, and Michael O'Connell and Larry Kornmann, tenants, for a special use permit to allow the operation of a public garage for an automotive transmission and general motor repair and overhaul business. He also reviewed the staff and planning commission's recommendation for approval. Motion by Jacobsen, seconded by Luettinger to close the hearing. A11 ayes - Carried. Motion by Jacobsen, seconded by Anderson to approve issuance of a special use permit for a public garage. All ayes - Carried. _ 5. Request for Rezoning, 6538 Bloomington Avenue The city planning director reviewed the staff study on d zoning district change on the strip of land north of 66th Street between 11th Avenue and Cedar Avenue. He also reported on a request for rezoning on the property at 6538 Bloomington from General Commercial to Single Family. Motion by Anderson, seconded, by Ludeman to initiate rezoning at 6538 Bloomington and refer this to the planning commission. All ayes - Carried. Motion by Ludeman, seconded by Jacobsen to request the planning commission to continue their study of the commerical and residential land uses along 66th Street from 11th Avenue to Cedar Avenue. All ayes - Carried. Motion by Jacobsen, seconded by Luettinger to request the administration to report to the council on the status of a vacant building, which was formerly a grocery store, on the corner of 66th Street and Bloomington. All ayes - Carried. Council Meeting Minutes -3- July 11, 1977 6. Reetuest for Variance, 6245 13th Avenue The planning director presented the request for a variance to the ordinance which establishes the sideyard building setback line of Brian Kispert, 6245 13th Avenue. Mr. Rispert proposes to construct an addition to an existing attached garage. Mr. Kispert was present and spoke in behalf of his application. Motion by Ludeman, seconded by Luettinger to approve the granting of this sideyard variance. All ayes - Carried. 7. Traffic Control Requests Joyce Wilde, administrative assistant, reviewed the Traffic Control Committee's deliberations for the following traffic control requests: "No Parking Anytime" north side of 77th Street, Stevens to Second Avenue: The committee recommended extension of the "No Parking Anytime" restriction on the north side of 77th Street eastward from Stevens Avenue to Second Avenue. Ray Doerfler, 7644 2nd Avenue, spoke in opposition to this restriction because he needs a place to park his cars. The council requested the city manager to research the off-street parking contracts on the Programmed Land property. Motion by Anderson, seconded by Ludeman to defer this item until the staff has completed its research and direct the administration to advise those present at this hearing of the findings. A11 ayes - Carried. 11No Parkini~ Anytime" east side of W. Pleasant Avenue, 62nd to 65th Streets: The Committee recommended establishment of "No Parking Anytime" on the east side of West Pleasant Avenue between 62nd and 65th Streets. Carroll Norling, 6228 W. Pleasant, and Jerome Jackson, 6328 Pleasant, both expressed approval of this parking restriction. Council Meeting Minutes -4- July 11, 1977 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. 5743 RESOLUTION RELATING TO TRAFFIC CONTROL SIGNS "NO PARKING ANYTIME" EAST SIDE OF WEST PLEASANT AVENUE FROM 62ND TO 65TH STREET Po11 of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None. Carried. This resolution appears as Resolution No. 5743 in Resolution Book No. 40. Council recessed at 8:30 PM to conduct the HRA meeting and reconvened at 8:45 PM. 7. L/H/N Project Boundary Hearin The city manager advised that the Hennepin County Property Description Division had requested the City to amend the L/H/N project area boundaries to include the total parcel of property in Richfield Lake which was purchased from the Rutman's. ., Inclusion of this property, which is partially located within the project boundaries, will not affect the financing of the tax increment district as the property is tax exempt and has been designated for park use. Motion by Jacobsen, seconded by Anderson to close the hearing. A11 ayes - Carried. Motion by Anderson, seconded by Luettinger to approve this change in the L/H/N boundaries. A11 ayes - Carried. 8. Second Reading of Amendment to the Zoning Ordinance, K-Mart Parcel The city planning director reviewed the rezoning request from Financial Properties Developers, Inc., Atlanta, Georgia, for a zoning district change from General Commercial to Planned General Commercial. Lawrence Wozniczka, 6744 Wentworth, asked about assessed values before and after the rezoning; inquired about residential notification of hearings; questioned Council Meeting Minutes -5- July 11, 1977 the need to rezone PUD commerical in an existing commerical zone; and spoke in opposition because of the increased traffic he felt the project would generate in the area of his home on Wentworth Avenue. Motion by Law, seconded by Jacobsen to direct the staff to monitor the traffic on 68th Street during the construction season and report back to the council the first meeting in November. All ayes - Carried. Acting city attorney, John Dean, read and reviewed the proposed ordinance, BiII 1977-15, "An Amendment to Appendix C of the Ordinance Code of the City of Richfield, Minnesota", the same being on file in the office of the city clerk. (C=8798) Motion by Anderson, seconded by Ludeman to close the hearing. All ayes - Carried. Motion by Anderson, seconded by Ludeman that this constitute a second reading of Bill 1977-15; 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. Second Reading of Amendment to Ordinance, Super America Station The city planning director reviewed the request of Super America Station to change the zoning district at 826 West 66th Street from C-1 (Neighborhood Commercial District) to C-2, General Commercial. Motion by Jacobsen, seconded by Anderson to close the hearing. All ayes - Carried. Bi11 1977-14, "An Amendment to Appendix C, Section 2 and 3 of the Ordinance Code of the City of Richfield, Minnesota", was read and reviewed by the acting city attorney, the same being on file in the office of the city clerk. (C-8796) Motion by Ludeman, seconded by Luettinger that this constitute a second reading Council Meeting Minutes -6- July 11, 1977 of Bi11 1977-14; 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, Law. Nayes - None. Carried. 10. Second Reading of Amendment to the Ordinance Code, Re~ardin~ Sauna Licenses Bill 1977-13; "An Amendment to Chapter V, Part II, Section 5.25 of the Ordi- nance Code of the City of Richfield, Minnesota", limiting the number of sauna licenses which may be issued, was read and reviewed by the acting city attorney, the same being on file in the office of the city clerk. (C-8797) Motion by Anderson, seconded by Luettinger to close the hearing. All ayes - Carried. Motion by Anderson, seconded by Jacobsen that this constitute a second reading of Bill 1977-31; 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. 11. First Reading of Amendment to the Ordinance Code, Relating to Schedule of Fees and Charles The city manager reviewed Bi11 1977-16, "An Ordinance Establishing Appendix D of the Ordinance Code and Amending Chapter III, Part I, Sections 3.04, 3.05, 3.06, 3.09; Chapter III, Part II, Section 3.16; Chapter III, Part IV, Sections 3.34A, 3.40, 3.41, 3.42; Chapter III, Part V, Section 3.47; Chapter III, Part VI, Section 3.54; Chapter IV, Sections 4.02, 4.03, 4.04, 4.05, 4.07; Chapter V, Part I, Sections 5.08, 5.09, 5.12; Chapter V, Part II, Sections 5.17, 5.18, 5.19, 5.20, 5.21, 5.22, 5.23, 5.24, 5.25, 5.26; Chapter V, Part III, Sections 5.27, 5.28, 5.29, 5.30; Chapter V, Part IV, Section 5.34, 5.35; Chapter VI, Sections 6.01, 6.03, 6.04, 6.05, 6.06, 6.07, 6.08, 6.11, 6.12, 6.13, 6.14, 6.15, 6.16, 6.17, 6.18, 6.19, 6.20, 6.21, 6.22, 6.23; Chapter VIII, Part I, Section 8.03; Chapter X, Part IT,. Sections 10.05, 10.06; Chapter XI, Sections 11.02, 11.03, 11.06, 11.07 and Council Meeting Minutes -7- July 11, 1977 Chapter XII, Part I, Section 12.04 of the Ordinance Code of the City of Richfield", the same being on file in the office of the city clerk. (C-8801) This amendment consolidates in a single schedule all city fees and charges, making the various charges easier to identify and the entire ordinance code easier to use. Motion by Ludeman, seconded by Anderson that this constitute a first reading of Bill 1977-16; that it be published in the official newspaper and that second reading of this ordinance amendment be scheduled for August 8, 1977. Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None. Carried. 12. Resolution Receiving Assessment Roll and Calling for Date of Hearing 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. 5744 RESOLUTION CALLING HEARING ON PROPOSED ASSESSMENT FOR 1976 PERMANENT STREET IMPROVII~TTT PROGRAM CITY PROJECT N0. 674 Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None. Carried. This resolution appears as Resolution No. 5744 in Resolution Book No. 40. 13. Association of Metropolitan Municipalities Membership The city manager requested. authorization to pay the 1977/78 membership dues to the Association of Metropolitan Municipalities. The council had deferred this at the November 8, 1976 meeting until the dues were determined for the forthcoming year. The manager reported that the dues were $3,097 which is the same amount as last year and are provided for in the budget. Lawrence Wozniczka, 6744 Wentworth, spoke in opposition to this expenditure. Motion by Anderson, seconded by Ludeman to approve this payment of $3,097 to the Association of Metropolitan Municipalities. A11 ayes - Carried. Council Meeting Minutes -8- July 11, 1977 14. Discussion of Possible Ordinance Amendment Councilman Luettinger reported on a situation he had recently been made aware of where a private contractor had failed to complete a project for a new resident. He suggested that the council consider licensing contractors in an effort_to assist residents. The city manager reviewed the practices followed by some other suburban cities in this area and other administration considerations. Motion by Luettinger, seconded by Law to request the staff to study this and report back to the council. All ayes - Carried. 15. Payments and Estimates Motion by Anderson, seconded by Jacobsen that the following payments and - estimates be approved: A. Minnesota Valley Surfacing Co., Estimate No. 3, Contract No. 2237, 83% complete for C. P. No. 686, 1977 Permanent Paving, Areas 12 and 14A - $207,041.92 B. Electric Service Co., Estimate No. 3, Contract No. 2238, 54% Complete, for C. P. 686, 1977 Residential Street Lighting, Areas No. 12 and 14A - $14,900.94. All ayes - Carried. 16. Licenses Motion by Anderson, seconded by Jacobsen that the following licenses be approved: Fee Waived Renewal Five 8 Softball Team, July 9-10, Taft Park Food, soft drink Renewal Historical Society, ice cream social July 10 Food Regular Renewal Wally's Lil Wagon, 6637 Xerxes Avenue Food vehicle, Wagon peddler Pigeon License Renewal Ferdinand Schmeck, 6900 Park Avenue Three pair pigeons 1 Council Meeting Minutes -9- Licenses Continued Taxicab Drivers New Arthur C. Wong, 8200 2nd Avenue, Bloomington New Eric E. Sisler, 13905 Frontier Lane, Burnsville New Richard E. Steen, 5640 46th Avenue, Minneapolis New Thomas W. Moser, 2228 Riverwood Place, St. Paul New Richard T. Haglund, 6101 13th Avenue, Minneapolis New John C. Berryman, 7214 11th Avenue, Richfield New William W. O'Day, 2840 Washta Bay Road, Excelsior New Kenneth N. Senst, 10532 Ewing, Bloomington New Gary G. Vadnais, 1761 Sims, St. Paul New Dana V. Wiberg, 1950 Jade Lane, Egan New Kurt C. Rethlake, 3148 Salem, Minneapolis New Joseph R. Mann, 1501 E. 79th Street, Bloomington All ayes - Carried. 15. Repainting of Penn Avenue Water Tower July 11, 1977 The city manager reported that only one bid in the amount of $60,000 was 1 received from Schumann Bros. Inc. to repaint the water tower and requested author- ization to rebid for the repainting in order to achieve a better competitive bid position. Motion by Anderson, seconded by Jacobsen to reject the bid received and authorize the city manager to again advertize for bids for this project. A11 ayes - Carried. 16. Other Discussion Items Licensing of Tree Removal Contractors Mayor Law inquired about the possibility of the city developing a program of 1 bidding tree removal by private contractors. It was reported that various programs of this type were being implemented in other communities. The intent of such a program is to see if it is possible to provide this service for private property owners at a reduced cost. It was agreed that the city staff would pursue this matter further. Rooftop Sign Discussion Mr. Robert Naegele, 1700 West 78th Street, representing Naegele Outdoor Ad- vertising, appeared to discuss the removal of the overhead sign at the former Council Meeting Minutes -10- July 11, 1977 Minotti Restaurant. He reported Mr. Anzevino, the present owner of the restaurant, had informed him of the stipulation in his license agreement of removing the sign. Mr. Naegele said he was interested in being able to continue using this location for his advertising signs. Mr. Burggraaff and Mr. Dean explained to the council that if they extended the deadline for the removal of this sign it would substantially decrease the ability of the council to cause the sign to be removed. Motion by Ludeman, seconded by Anderson to amend the stipulations in granting the on-sale liquor license for Godfather's Inc. by extending the deadline time for removal of this sign to July 1, 1978. A11 ayes - Carried. Barricades for Block Party The city manager reported he had received a request for barricades for a block party from Ms Judy Sarff of 6745 Elliot, for July 24, 1977 from 2:00 PM to 7:00 PM. She requested that 68th Street be barricaded bettaeen Elliot and 10th Avenues. Motion by Anderson, seconded by Ludeman to grant this request for barricades with the stipulation they be erected in such a way so as to permit ingress and egress of emergency vehicles should this be necessary. , All ayes - Carried. Bond Rating Meeting The city manager advised council of the need for the city attorney and himself to meet with bond rating agencies in New York City relative to a new rating for the forthcoming $9,200,000 bond issue. He explained that if the City were able to improve its rating from A-1 to AA, thousands of dollars in interest payments could be saved over the life of the issue. Council Meeting Minutes -11- July 11, 1977 Discussion followed as to who should represent the City at these meetings. Motion by Anderson, seconded by Ludeman to also authorize the mayor's attendance at this meeting. Po11 of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger. Abstain - Law. Carried. Fort Snelling Property The city manager reported that he had received a request from the State of 1 Minnesota regarding the availability of the Fort Snelling properties which included a golf course and polo grounds. The state was inquiring as to whether the City would be interested in obtaining the property for their own use. This request is similar to a previous contact from the state~ecept-~tt-does-~.ot include the buildings and house in that area. The city manager asked whether the council would be interested in pursuing this matter further with the state. Motion by Jacobsen, seconded by Luettinger to approve having the city manager notify the state by letter that we would be interested in pursuing discussion of this proposal. A11 ayes - Carried. 17. Claims and Payrolls Motion by Anderson, seconded by Jacobsen that the following claims and payrolls be approved: RICHFIELD BANK AND TRUST Amount Checks 30006/30648 $2,207,624.56 SUMMIT STATE BANK Checks 22810/23486 - General $ 351,147.82 Checks 23455/24026 - Payroll $ 141,534.75 A11 ayes - Carried. Council Meeting Minutes -12- July 11, 1977 18. Adiournment Motion by Anderson, seconded by Jacobsen that the meeting adjourn. A11 ayes - Carried. Time: 11:20 PM. Date Approved: July 25, 1977 ren L. Law Mayor i Thomas J. an City Clerk Wayne S. Burggraaff City er 1 1