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08-08-1977CITY OF RICHFIELD ' Regular Meeting August 8, 1977 The Council of the City of Richfield met in regular session in the council chambers of the Gity Hall on Monday, August 8, 1977 at 7:.00 p.m. Rev. Ronald MacDonell of Wooddale Baptist 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 Jacobsen that the minutes of the regular council meeting of July 25, 1977 and the minutes of the special council meeting of July 27, 1977 be approved as submitted. All ayes - Carried. 2. Hearing on Assessment Ro11s for 1976 Street Improvement Protect No. 674 Areas No. 10 and 11 Acting City Manager, Joyce Wilde, reviewed the street improvement assessment policy and the alternatives that are provided for payment of these assessments. The following residents were present and asked. questions regarding the quality of work done on their property or the calculations of their assessments: George Sweiger, 6211 Newton Avenue, reported that the footage_along a portion of his property, had already been paved in.con~unction with paving of the Crosstown Highway service road. He requested relief from assessment for street lighting and side streets on that portion. Motion by Anderson, seconded by Luettinger to reduce the special assessment by $42.00 for the street lighting on this area. This will amend the total assessment on this property, .(Plat 45260/Parcel 1025) to $1,039.99. All ayes - Carried. Maurice Ellison, 6424 Morgan Avenue, reported that he felt the driveway correction behind the apron resulted in too much of his driveway being torn down. Council Meeting Minutes -2- August 8, 1977 He requested relief in the amount of $374.71. Motion by Ludeman, seconded by Luettinger to allow credit on the driveway easement for the difference in cost between an asphalt driveway and the concrete driveway. This credit amounts to a reduction of $170.36, bringing this total assessment to $1,020.35, (Plat 45356/Parcel 2650). All ayes - Carried. Caroline Moore, 2832 W. 70 1/3 Street, also expressed dissatisfaction with an excess cutback on her driveway. Motion by Luettinger, seconded by Ludeman to grant a reduction of $192.82, to bring the total assessment to $983.02, (Plat 46350/Parcel 1733). A11 ayes - Carried. John DeGidio, 6428 Morgan Avenue, questioned his driveway assessment. Motion by Jacobsen, seconded by Luettinger to reduce this assessment by $114.82, for a revised total assessment of _$1,205.08, (Plat 45356/Parcel 2675). Messrs Rudolph Drobek, 7132 Washburn, and Jeffrey French, 7134 Washburn, reported on a driveway problem on their joint driveway. The grade of the street was altered in a way such that an excess amount needed to be cut back behind the driveway,-which was quite new. Motion by Ludeman, seconded by Jacobsen to grant each property owner a reduction of $383, to bring the total assessment on these properties as follows: 7132 Washburn Avenue, (Plat 46350/Parcel 4790) $1,020.00 7134 Washburn Avenue, (Plat 46350/Parcel 4810) $1,020.00. A11 ayes - Carried Gary Newman, 6912 Thomas Avenue, complained about finishing of landscaping, particularly around a tree on the boulevard. The city council ordered the staff to have the city forester check the tree roots an.d~correct this work as necessary. Bruce Miller, 6220 Irving Avenue, questioned the side street assessment, and the policy was again explained. Council Meeting Minutes -3- August 8, 1977 Phyllis Rau, 2833 W. 70th Street, spoke as a representative of the homes from - --Penn--to-der-xes--Avenue; in--apposition to being assessed for ornamental street lighting when there have been no street lights installed on 70th Street. Motion by Jacobsen, seconded by Ludeman to request the city staff to investigate. and report back at the next meeting. All ayes - Carried. Mr. Floyd Robbin, 5141 14th Avenue, Minneapolis, owner of multiple dwellings at 74th and Washburn Avenue, questioned why the assessment on these dwellings was calculated at a commercial rate. He requested that the council consider the 4 units as 4 separate residences and that fhe assessment for each residence be placed on lot 5, which is held in joint ownership.by the 4 parcels. The staff reported that the original assessment was based on the commercial policy, and calculated before this property had been subdivided into the 5 lots. The staff provided calculations based on the residential rate with the 5 irregular shaped lots, and another calculation based on averaging the irregular shaped lots at the residential rate. The City Attorney suggested that, rather than place the assessment on the outside . lot, it would be desirable to distribute the assessment on the 4 interior lots. Motion by Luettinger, seconded by Ludeman to confirm the assessment on Plat 44832/Parcel 4002 (original lot) based on the commercial assessment policy, using the 130 foot side lot dimension, and equally distribute this assessment of $2,942.20 to the 4 interior lots, a distribution of $735.55 per lot (Plat 45258/Parcels 1500, 3000, 4500 and 6000). All ayes - Carried. James Collins, 6745 Xerxes Avenue, questioned his driveway assessment. He reported that he had sold his property between the time the driveway was torn up and the new driveway installed, and that the driveway had been finished in concrete Council Meeting Minutes -4- August 8, 1977 rather than asphalt, which was the original material. He requested relief for the difference in cost between asphalt and concrete. The City Attorney observed that this difference in the driveway material and cost, was a matter of negotiation be- tween the buyer and seller. The city council requested Mr. Collins to contact the new owner and attempt to negotiate a settlement for payment of the assessment and report back to the council at the next meeting. The City Attorney was requested to assist. The following persons asked questions about the project, but no adjustments or deferrals were made regarding their assessments: Herman Petrofska, 6916 Queen Avenue Everil Niebuhr, 2905 W. 74th Street United Methodist Church of Peace, 6345 Xerxes Avenue Lawrence Wozniczka, 6744 Wentworth Avenue The following individuals appeared with questions and the council deferred these assessments to the next meeting: Donald Walls, 6833 Thomas Avenue, (Plat 46793/Parcel 1900), questioned the workmanship on sodding and concrete. Wayne Harris, 6732 Upton Avenue, (Plat 46790/Parcel 5910), expressed concern with driveway pot holes. Lloyd W. Treece, 6920 Vincent Avenue, (Plat 46793/Parcel 5225), questioned why no credit was given for a previous curb assessment. Michael Zempel, 7727 Vincent Avenue, _(Plat 45830/Parcel 4700), questioned the allocation of odd lot sizes for his and surrounding properties located in a cul-de-sac. Leslie Proehl, 2821 W. 70th Street, (Plat 45150/Parcel 8000), expressed con- cern with a tree creating water drainage problems. Motion by Jacobsen, seconded by Luettinger to continue the hearing on the above deferred items to the next meeting. All ayes - Carried. Lawrence Wozniczka requested he be supplied with a summary of City Project 674 costs. The council agreed to request the staff 'to provide Mr. Wozniczka with this information and they requested they also be provided with a copy of this in- formation. Council Meeting Minutes -6- August 8, 1977 Motion by Ludeman, seconded by Luettinger to close the hearing. All ayes - Carried. Motion by Ludeman, seconded by Jacobsen to approve this special use permit with the above listed stipulations. All ayes - Carried. 4. Request for Zoningz District Chance 7645 Nicollet Avenue Planning Director, Richard Krier, presented the request of Mr. John Hogenson, of Super America Stations, Inc., St. Paul, for a zoning district .change from C-1, Neighborhood Commercial, to C-2 General Commercial to allow operation of a Super America Station store at 7645 Nicollet Avenue. He reported that the staff and Planning Commission both recommended denial of this rezoning request. Representatives from Super America Stations, John Hogenson, Bob Hartman and George Townsend, were present and spoke in favor of their request. Mr. Hogenson presented a letter from property owners at 7601 and 7609 Nicollet expressing their approval of this rezoning. (C-9787) Mr. Hartman, St. Paul area manager for Super America, reported on his circulation of a petition in favor of this rezoning. The following residents spoke in opposition to this proposed zoning district change: Mr. and Mrs. James Welter, 7620 Nicollet Walter Scholz, 7633 Nicollet Gertrude Ulrich, 7601 Aldrich Motion by Anderson, seconded by Ludeman to close the hearing. All ayes - Carried. Motion by Anderson, seconded by Ludeman to deny this request for rezoning. A11 ayes -Carried. 5. Request for Variance, 7044 15th Avenue Acting City Manager, Joyce Wilde, advised the council that the applicant was considering withdrawal of his request for a variance and that this matter should be deferred until the withdrawal letter is received. Council Meeting Minutes -7- .August 8, 1977 Motion.by Ludeman, seconded by Luettinger to defer consideration of this request for variance as requested by the applicant. All ayes - Carried. Gertrude Ulrich, 7601 Aldrich Avenue, spoke of the Planning Commission's concern with the large number of requests for variances that are brought before the Commission and council, and what impact approval of many variances might have on the city's zoning ordinance. 6. Ordinance Amendment Relating to Schedule of Fees and Charges Clayton LeFevere, City Attorney, reviewed Bi11 No. 1977-16, "An Ordinance Establishing Appendix p~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, Section 5.27, 5.28, 5.29, 5.30; Chapter V, Part IV, Sections 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 II; Sections 10.05, 10.06; Chapter XI, Sections 11.02, 11.03, 11.06, 11.07 and 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 reflects fee schedules previously approved by the city council, and consolidates .all city fees and charges into one section, Appendix D. Motion by Ludeman, seconded by Luettinger that this constitute a second reading of Bill No. 1977-16; 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. Council Meeting Minutes -8- August 8, 1977 7. Request for Extension of Special Use Permit, 211 West 76th Street Acting City Manager, Joyce Wilde, advised the council that the staff had received a letter from Mr. Timothy Gleason, owner of this property, requesting an extension to the one year time limitation of the special use permit issued him on August 9, 1976. Mr. Gleason requested the extension because he had experienced delays in negotiating with Hennepin County regarding land divisions. Motion by Jacobsen, seconded by Anderson to approve an extension for one more year as requested by Mr. Gleason. A11 ayes - Carried. Council recessed at 11:16 p.m. to conduct the HRA meeting and reconvened at 12:00 p.m. 8. Acquisition of Right-of-Way; Holy Angels Academy Planning Director, Richard Krier, reported on negotiations which had been held with Holy Angels for s.cquisition of street right-of-way in connection with the LH`T publ improvements. He reported that Holy Angels is willing to accept an offer of $4.25 per square-foot for a total compensation of $26,987.50. Inasmuch as this negotiated price is higher than the just compensation established by previous council resolution, it was recommended that the council reestablish just compensation of $26,987.50 on this acquisition. RESOLUTION N0. 5754 RESOLUTION AUTHORIZING PURCHASE OF EASEMENT FROM HOLY ANGELS ACADEMY Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None. Carried. This resolution appears as Resolution No. 5754 in Resolution Book No. 40. Motion by Jacobsen, seconded by Luettinger to authorize the city staff to continue negotiations for acquisition of this property at the new rate. All ayes - Carried. Council Meeting Minutes -9- August 8, 1977 Lawrence Wozniczka, 6744 Wentworth Avenue, asked about the design of the improvements. 9. Minutes, Tabulation of Bids and Award of Contract for Painting of Water Tower Acting City Manager, Joyce Wilde, advised the council that six bids were received for painting the Penn Avenue Water Tower, the low bid being submitted by Schumann Bros., Inc., in the amount of $47,200. Motion by Ludeman, seconded by Jacobsen to award the contract Co Schumann Bros., Inc. as recommended by the staff. A11 ayes - Carried. 10. Construction Easement Agreements, L/H/N Redevelopment Proiect Area Planning Director, Richard Krier, advised that the staff had been negotiating with several property owners in the L/H/N pro3ect area for permanent easements across part of their land for the purpose of completing the necessary landscaping in the public improvements. Negotiations for three of these properties .where a permanent easement is required have been completed. They are First Federal Savings and Loan, Summit State Bank and Holy~Angels Academy. Motion by Anderson, seconded by Jacobsen to accept these permanent easements. All ayes - Carried. 11. Request for Condemnation of Property Acting City Manager, Joyce Wilde, reported that the Environmental Health Department had inspected the structure located at 1520 E. 66th Street as requested by the council and had determined that it was hazardous. Ms. Wilde requested that the council adopt a resolution directing the City Manager to order the property owner to notify the city within 20 days that the property would either be repaired or removed. 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: Council Meeting Minutes -10- August 8, 1977 RESOLUTION N0. 5755 RESOLUTION AUTHORIZING THE CITY MANAGER TO ORDER THE REMOVAL OR REPAIR OF THE HAZARDOUS STRUCTURE LOCATED AT 1520 66TH ,STREET Poll of votes: Ayes - Anderson, Jacobsen, Luettinger, Ludeman, Law. Nayes - None. Carried. This resolution appears as Resolution No. 5755 in Resolution Book No. 40. 12. Request for Street Barricades Acting City Manager, Joyce Wilde, reported that two requests for barricades for block parties had been received; Mrs. Jean Troyer, 6704 Oakland, requested Oakland Avenue between 67th and 68th Street be barricaded on August 20, 1977 from 3:30 p.m. until 9:00 p.m. and Mrs. Juanita Collins, 6737 Clinton, had requested Clinton Avenue barricaded between 67th and 68th Street on August 21, 1977 from 2:00 p.m. until 7:00 p.m. Motion by Jacobsen, seconded by Luettinger to approve these requests for bar- ricades with the stipulation that they be erected in such a way so as to permit the ingress or egress of emergency vehicles should it be necessary. All ayes - Carried. 13. Amendment to Vacancy Moritorium Motion by Jacobsen, seconded by Anderson to amend the moritorium on filling of full time vacancies to permit filling the two vacancies presently existing in the positions of Accounting Clerk II and Planning Associate. All ayes - Carried. 14. Review of Final Metropolitan System Statement Motion by Ludeman, seconded by Jacobsen to approve the Final Systems Statement transmitted by the Metropolitan Council with the revisions included as requested by the council on June 13, 1977, and to recommend that Legion Lake Park, Wood Lake Nature Center and the bike plan be made part of the overall Metropolitan Open Space Plan. A11 ayes - Carried. C'~ Council Meeting Minutes -11- 15. Licenses August 8, 1977 Motion by Jacobsen, seconded by Anderson that the following licenses be approved: Fee Waived Renewal Assumption Catholic Church, 305 E. 77th Street (Fun Fest August 13,.14, 1977) New Park and Recreation, Monroe Park, Tournament New Park and Recreation, Taft Park, Tournament Regular Renewal Telke Signs, Inc., 3940 Minnehaha New Attracto Sign, Inc., 6417 Penn Avenue Renewal Sambo's 6344 Penn Avenue New Pop Shoppe of America, 66th and Xerxes Renewal Lawrence Signs, Inc., 945 Pierce Butler Taxicab Drivers New Robert S. Hare, 5533 13th Avenue New Thomas D. Brosnan, 7628 Lyndale Avenue New Valerie F. Laehn, 424 2nd Avenue New Layton E. Holmgren, 5224 43rd Avenue A11 ayes - Carried. 16. Claims and Payrolls Motion by Ludeman, seconded by Luettinger that the following claims and payrolls be approved; SUMMIT STATE BANK Checks 23532/23573 General Checks 23540/24688 Payroll RICHFIELD BANK AND TRUST Checks 30023/31366 A11 ayes - Carried. 17. Discussion Items Not on Agenda Retail on sale beer Soft drink Soft drink Sign erector Sign erector Food, soft drink, cigar Food, soft drink Sign erector Amount $ 339,963.02 $ 141,515.49 $1,054,366.54 Provision of Ambulance Service Acting City Manager, Joyce Wilde, reported that Smith-Martin Ambulance had advised the city that it had been operating at a deficit for several months and that it may be necessary to reduce services after September 30, 1977, since Fairview-Southdale Council Meeting Minutes -12- August 8, 1977 and Methodist hospitals have been subsidizing the ambulance operation. These hospitals have indicated they will no longer provide a subsidy which they have been providing to Smith after that time. Representatives of the City Manager's office and the Public Safety Department have met with hospital and ambulance representatives and other Hennepin County municipalities to discuss the alternatives for continuing the present level of emergency services. It has been the recommendation of this committee that the first step toward resolving this problem should be to involve the Hennepin County Board, as Hennepin County has legislative authority to provide-and coordinate ambulance services throughout the county. Motion by Jacobsen, seconded by Ludeman 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. 5756 RESOLUTION REGARDING AMBULANCE SERVICE Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None. Carried. This resolution appears as Resolution No. 5756 in Resolution Book No. 40. Ecology Request Representatives of an organization called Ecology Up have requested permission to place receptacles in various locations in the city to collect glass for recycling. The council requested that this organization attend the next council meeting and prepare a plan for council consideration of their proposal. "No Parking" Signs - Assumption Church Assumption Church has requested covering of the "No Parking" signs near the church from August 13 - 15, 1977 Cor their carnival. Motion be Ludeman, seconded by Jacobsen to approve this request and authorize the Public Safety Department to cover the signs on the dates requested. All ayes - Carried. Council Meeting Minutes -13- August 8, 1977 18. Adiournment Motion by Anderson, seconded by Jacobsen that the meeting ad3ourn. All ayes - Carried. Time: 12:25 a.m., August 9, 1977. Date Approved: August 22, 1977 Thomas J. an City Clerk «°'° ~~~ ren L. Law yor d • °~ Wayne S. Burggraa City ager