Loading...
10-24-1977CITY OF RICHFIELD Regular Meeting October 24, 1977' The Council of the City of Richfield met in regular session in the Council Chambers of the City Hall on Monday, October 24, 1977 at 7:00 p.m. Councilman Ludeman 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 to approve the minutes of the regular council meeting of October 11, 1977. All ayes - Carried. 2. Hearing on Revocation of Sauna License, Sauna City, Inc. Wayne Burggraaff, City Manager, reviewed the background of his revocation of the sauna license of Sauna City, Inc. Public Safety Director, Tom Morgan, offered the following documents as evidence relating to the license revocation: Exhibit One: Material relating to arrest of Jacquelyn Nuno, 3/28/77. Exhibit Two: Material relating to license suspension of four days of Sauna City, Inc. Exhibit Three:. Basis for the present revocation. Exhibit Four: Material on transfer request on sauna license. Mr. Ellis Olkon, 2226 IDS Center, the attorney for Sauna City, submitted doc- umentation stating Mr. James S. Jones had resigned as an officer and director of the establishment and that all outstanding stock was accepted by Kay Annette Meyer, 9500 Riverview, Bloomington, the new president and director. Ms. Meyer appeared at-the hearing and stated she was the new owner of Sauna City. City Attorney, Clayton LeFevere, asked questions regarding documents submitted by Mr. Olkon. Council Meeting Minutes -2- October 24, 1977 Assistant City Attorney, John Dean, acting in behalf of the City of Richfield, offered rebuttal to Mr. Olkon's allegation that the city is approaching the operation of saunas in the wrong way. Geri Christensen, 6909 10th Avenue, asked questions. Motion by Anderson, seconded by Luettinger to close the hearing. All ayes - Carried. Motion by Luettinger, seconded by Ludeman to sustain the city manager's revocation of the sauna license of Sauna City. All ayes - Carried. 3 Proposal for General Commercial Planned Unit Development, Hub/Penny's/Superblock Richard Krier, Planning Director, reviewed the request of United National Corporation, Penny's Supermarkets, Inc. and Summit Development Corporation for a zoning district change from C-2 to PC-2 (Planned Commercial), and a preliminary plat approval. The applicants are proposing to redesign and manage various portions of a commercial "superblock" which will include the following land uses: 1. Mobil Oil station 2. Medical office building 3. Bank and office complex 4. Drive-in bank facility 5. Retail shopping (Hub with add-ons) 6. Restaurant 7. Clark Oil station 8. Supermarket/drug store complex Harry Olson of Smiley and Glotter Associates, architects, reviewed the building design of the proposed addition. Richard Naiman, 745 Fifth Avenue,. New York, Vice President of United National Corporation, owner of the Hub, reported on the anticipated implementation of the project and observed that this schedule will be dependent in large part upon the Council Meeting Minutes -3- October 24, 1977 leasing arrangements that can be made. Geri Christensen, 6909 10th Avenue, asked questions about notification to the affected neighbors and businesses. City Attorney, Clayton LeFevere, discussed the procedure to be followed re- garding the relocation of 65th Street. Dave Nelson, owner of Nelson's Restaurant, expressed his concerns about the project and the timing of the relocation of his business. Lawrence Wozniczka, 6744 Wentworth, asked questions about legal procedures for a street vacation and the project's estimated parking ratio. He also recomraended that the developer create a pedestrian walkway going in a north-south direction in the area, and asked how maintenance of the area will be handled. Ralph Bruins, president of the Summit State Bank, spoke in support of the proposed project. Gertrude Ulrich, 7601 Aldrich, director of the Chamber of Commerce, spoke in behalf of the Chamber's position of encouraging such development. Motion by Anderson, seconded by Jacobsen to close the hearing. All ayes - Carried. Motion by Jacobsen,seconded by Anderson to approve the preliminary PUD plan with the following stipulations as listed in Council Letter No. 326: 1. That the plan be brought into. conformance with the Urban Design Guidelines of the Lyndale/Hub/Nicollet area; 2. That the parking lot be redesigned to effectively park and move traffic in accordance with traffic design standards of the city; 3. That mutual shared parking agreements be established between the parties involved in this PUD; and 4. That a mutually agreeable development schedule be submitted by the parties involved in the PUD. All ayes - Carried. Council Meeting Minutes -4- October 24, 1977 Bill 1977-24, "An Amendment to Appendix C of the Ordinance Code of the City of Richfield, Minnesota" defining the boundaries of the various zoning districts of the City enumerated in Chapter III, Part IV, Section 3.28, Subdi- vision 2, was reviewed by city attorney, Clayton LeFevere, the same being on file in the office of the city clerk. (C-9803) Motion by Ludeman, seconded by Luettinger, that this constitute a first reading of Bill 1977-24; that it be published in the official newspaper and that second reading of this ordinance amendment be scheduled for November 28, 1977. Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None. Carried. Motion by Ludeman, seconded by Anderson to approve the preliminary plat with the following stipulations as listed in Council Letter No. 326: 1. That storm water drainage be shown on the plan, and if a problem exists, be resolved; 2. That the power services to the building be undergrounded and power poles removed; 3. That the vacation of both Pillsbury Avenue between 66th Street and 65th Street, and 65th Street between Pillsbury Avenue and Nicollet Avenue, be initiated by the applicants; 4. That the dedication of a new 65th Street be accomplished by the applicants prior to-the time the zoning district change becomes effective. All ayes - Carried. Motion by Luettinger, seconded by Jacobsen to authorize additional studies to be made by BRW, regarding the advisability of installing a right turn lane on 66th Street into the Hub and a bus turn out lane in the same area, to prepare cost estimates and to study the possibility of providing a north-south pedestria n pathway between 66th Street and 65th Street in the Hub shopping area. A11 ayes - Carried. Council Meeting Minutes -5- October 24, 1977 4. Second Reading, Zoning District Change, Wood Lake School Site, Transitory Ordinance for the Disposition of Certain Real Property of the City The City Manager reviewed the actions required of the council at this time, which are second reading approval of the rezoning ordinance from Residential (R) to Planned Multi-Family Kesidential (PMR), and second reading approval of the transitory ordinance. Enactment of these two ordinances will enable the developer, Architectural Alliance, Inc., to complete a final development plan and make appli- cation for a special use permit for the multi-family unit. Mr. Sandy Ritter, representing the developer, presented a review of the. proposed PUD development. Anne Burkhardt, 921 Rae Drive, asked whether adjoining neighbors need to sign a rezoning request. She also requested copies of the comprehensive plan and the L/H/N plan. She requested an environmental impact study to examine the impact of possible increased population, traffic and noise in the area. Lynn Anderson, 915 Rae Drive, spoke in opposition to the development and suggested that alternative plans be considered for access to the project area. She also endorsed the concept of an environmental impact statement. Pat Rickert, 6710 Garfield, a RING Committee member, suggested that the committee be reactivated to deal with concerned residents in matters such as this. City Attorney, Clayton LeFevere, explained that Richfield Lake is no longer considered a public body of water, and therefore, an environmental impact study is not required and the rezoning can continue. Mr. Ritter asked the council for direction regarding the proposed use of Rae Drive as an access to the area. Robert L. Sjoquist, 1001 Rae Drive, expressed concern about the need for children's play area, and spoke in opposition to the rezoning. Council Meeting Minutes -6- October 24, 1977 Motion by Jacobsen, seconded by Anderson to close the hearing. All ayes - Carried. Lawrence Wozniczka, 6744 Wentworth, asked vahen taxes in the increment area will go back to the school district and the city. He expressed opposition to the tax increment financing and requested that the council plan an alternative way to finance the redevelopment. Bill 1977-22, "An Amendment to Appendix C of the Ordinance Code of the City of Richfield, Minnesota", describing the boundaries of the zoning district PMR, was read and reviewed by the City Attorney, the same being on file in the office of the city clerk. (C-9801) Motion by Jacobsen, seconded by Anderson that this consitute a second reading of Bill 1977-22; 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. Bill 1977-23, "Transitory Ordinance No. 16.44 Providing for the Disposition of Certain Real Property of the City", was read and reviewed by the City Attorney, the same being on file in the office of the city clerk. (C-9802) Motion by Jacobsen, seconded by Ludeman that this constitute a second reading of Bill 1977-23; 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. 5. Transitory Ordinance Fire Vehicle, Second Reading Tom Morgan, Public Safety Director, reviewed the long-range plans for acquisition and replacement of fire fighting equipment. He observed that funds derived from the sale of earlier pieces of equipment have been put in a special Council Meeting Minutes -7- October 24, 1977 account for a reserve to be used to purchase new equipment. Bill 1977-18, "Transitory Ordinance No. 16.42, An Ordinance Providing for the Expenditure of Money from the Special Revenue Fund for Public Safety Equipment", was read and reviewed by the City Attorney, Clayton LeFevere, the same being on file in the office of the city clerk. (C-9790) Motion by Anderson, seconded by Jacobsen that this constitute a second reading of Bi11 1977-18; 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. 6. Minutes, Tabulation of Bids and Award of Contract for 1500 GPM Fire Pumper Motion by Jacobsen, seconded by Ludeman that this item be deferred to the next council meeting, November 14, 1977. All ayes - Carried. 7. Purchases in Excess of $1,000 The City Manager requested council authorization for the following purchases in excess of $1,000: Construction of a second exit from the basement of the Cedar Avenue Liquor Store,in the amount of $3,865; the purchase of 20 wine display cases for the Penn Liquor Store, in the amount of $2,900; and replacement of a 1971 club wagon used by the public works department for survey work, in the amount of $4,479. Motion by Anderson, seconded by Jacobsen to approve the authorization of the above listed purchases in excess of $1,000. All ayes - Carried. 8. Authorization to Call for Bids Motion by Luettinger, seconded by Anderson to authorize the advertisement for bids for general liability insurance and worker's compensation insurance. A11 ayes - Carried. Council Meeting Minutes -8- October 24, 1977 9. Authorization to Submit Grant Application The City Manager informed the council that the Outdoor Recreation Act of 1977 has appropriated $2.1 million to the Minnesota Department of Transportation for a bikeway grant program. The staff is proposing to submit grant applications for three multi-use bridges to begin implementation of the Richfield Bikeway Plan. Motion by Anderson, seconded by Luettinger to authorize the staff to prepare and submit grant applications for these projects to the Minnesota Department of Transportation. All ayes - Carried. 10. Storm Sewer Easements The. City Manager informed the council that during construction of City Project No, 686, the 1977 street improvement project, the city obtained storm sewer easements from the Metropolitan Airports Commission in the vicinity of the Rich Acres addition. He requested the council to accept these easements and authorize recording of them. Motion by Jacobsen, seconded by Ludeman to accept and approve recording of these storm sewer easements. All ayes - Carried. 11. Polling Places and Namin of Election Judges for November General Election 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 apart of these minutes: RESOLUTION N0. 5810 RESOLUTION PROVIDING FOR POLLING PLACES AND DESIGNATING JUDGES FOR CITY GENERAL ELECTION, NOVEMBER 8, 1977 Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Naves - None. Carried. This resolution appears as Resolution No. 5810 in Resolution Book No. 41. Council Meeting Minutes -9- October 24, 1977 12. Payments and Estimates Motion by Anderson, seconded by Ludeman that the following payments and estimates be approved; A. Lee Richert Plumbing & Heating Co., Estimate ~kl, 7% Complete, C. P. 695, Well ~~7, pump, piping and appurtenant work - $6,840. B. Lion Lakes Landscaping, Estimate ~~2, 70°!° Eomplete, Contract No. 2239, C. P. 686, 1977 residential street lighting, turf estab- lishment and planting - $12,213.29. .-- i A11 ayes - Carried. 13. Other Discussion Items Councilman Luettinger requested the staff to contact the railroad regarding maintenance of their property on both sides of Pleasant Avenue, which is presently being maintained by the residents, because of the lack of maintenance by the railroad. Mayor Law read a letter from S. J. Dzik, 6837 Harriet Avenue, stating that the railroad crossing at 68th Street is in need of repair, and asked that the staff contact the railroad to request repairs to this intersection. 14. Claims and Payrolls Motion by Ludeman, seconded by Luettinger that the following claims and payrolls be approved: RICHFIELD BANK AND TRUST Checks 30768/32398 SUMMIT STATE BANK Checks• 25659/25718 General Checks 25639/26011 Payroll A11 ayes - Carried. 15. Licenses Amount $112,765.02 $280,282.67 $133,242.57 Motion by Jacobsen, seconded by Luettinger that the following licenses be approved: Council Meeting Minutes -10- Regular New Jesse, 6405 Lyndale Renewal Lund's Food Market, Penn and 62nd Street New Executive Travel, 7614 Lyndale Taxicab Drivers New Craig R. Gillette, 6321 Pleasant Avenue New Jeffrey J. Drinkall, 2712 Inglewood Avenue New Jerome R. Smith, 818 23rd Avenue North New Shirley J. Lundgren, 6101 5th Avenue New Thomas J. Gut, 6301 Clinton Avenue New Errol R. Dohrwandt, 630 E. 19th Street New Chauncey J. Peterson, 3537 Nicollet Avenue New Theron W. Reynolds, 3507 32nd Avenue South New Paul G. Hurley, 7720 Penn Avenue New Warren R. Anderson, 1955 W. Old Shakopee Road New Ron J. Simonson, 10337 Lyndale Avenue New Uldis Jansons, 930 Westbrooke Way A11 Ayes - Carried. October 24, 1977 Food Soft Drink Soft Drink Motion by Anderson, seconded by Luettinger to approve the application of Communication Center, 7601 Lyndale, for a permit to operate searchlights from 6:00 p.m. to 10:00 p.m. on October 28, 1977. All ayes - Carried. 16. Adjournment Motion by Luettinger, seconded by Jacobsen that the meeting adjourn. A11 ayes - Carried. Time; 11:42 p.m. Date Approved; November 14, 1977 ~ . ~%~'Ud~9.n-- Thomas J. Mo an City Clerk Lo en L. Law ayor W ~ ~~ Wayne S. Burggraa City Manager [1