03-21-1978CITY OF RICHFIELD
Continued Regular Meeting of March 13, 1978
March 21, 1978
Mayor Loren L. Law called to order the regular council meeting of
March 13, 1978 continued to March 21, 1978 at 5:30 p.m.
Present: Anderson, Jacobsen, Ludeman, Luettinger, Law
1. Resolution Authorizing Sale and Exchange of Land with Woodlake
School Site Developers
The city attorney reviewed the proposal for the sale and exchange of
city property adjacent to the Woodlake School site, authorized by a Transitory
Ordinance adopted October 24, 1977, in which the city would transfer to the
Richfield Development Corporation a deed for city property in the same location
in exchange for another piece of land from the Richfield Development Corporation
to the city of Richfield. He reviewed the two agreements and recommended the
council adopt the resolution authorizing sale and exchange of land.
Lawrence Wozniczka, 6744 Wentworth, asked about the comparability of the
square footage on properties being exchanged. The city attorney responed that
they were almost equal in size.
Motion by Anderson, .seconded by Ludeman to adopt the following resolution;
that it be spread in the resolution book and that it be made a part of these
minutes:
RESOLUTION N0. 5882
RESOLUTION AUTHORIZING SALE AND EXCHANGE OF LAND
Poll of votes: Ayes a Anderson, Jacobsen, Ludeman, Luettinger, Law. Nays -
None. Carried. This resolution appears as Resolution No. 5882 in Resolution
Book No. 41.
2. Resolution Authorizing Acquisition of Storm Sewer Easement at
400 West 65th Street
The city manager reviewed the negotiations that had transpired in terms
Continued Meeting -2- March 21, 1978
of the city acquiring an easement for storm sewer at 400 West 65th Street, the
area near 65th and Grand Avenue.
The city attorney expressed the opinion that the negotiated price of
$4,000 for the storm sewer easement was reasonable in that, should the city
acquire this easement through ,eminent domain, the city probably would incur
similar costs.
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. 5883
RESOLUTION 2,UTHORIZING STORM SEWER AND
OTHER EASEMENTS AT 400 WEST 65TH STREET ,
Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nays -
None. Carried. This resolution appears as Resolution No. 5883 in Resolution
Book No. 41.
_3.. Execution of Documents Providing for Acquisition of Easements on HUB
Shoppin Propert
The city attorney presented the council with copies of easement documents
and each of the related agreements provided by the United National Corporation,
together with the letter of transmittal requesting escrowing of these documents
until the vacation of 65th Street. The city attorney read the agreements in
detail and discussed United National's concerns on each item, as well as the
city's concerns relating to the documents. The city attorney recommended
acceptance and execution of the easements and related documents subject to
the following conditions:
[~
Continued Meeting -3- March 21, 1978
A. That the agreement between United National Corporation
and the city, relating to the existing 65th Street and the
new 65th Street-right-of-way, in paragraph 1, be amended to
delete any language which undertakes to predetermine the
basis upon which special assessments will be levied for LHN
improvements.
B. That in paragraph 2 of that agreement, language be added
so as to grant the city the right to enter upon the right-of-
way of the new 65th Street and to commence construction as
soon as the ordinance vacating the existing 65th Street has
been adopted and the 30-day period, after its publication;
has expired.
C. That the letter agreement, providing for the dismissal
of condemnation proceedings for- an easement along Nicollet
Avenue, be amended so that the city is not obligated to
dismiss such proceedings unless it receives an easement for
the public amenities along Nicollet Avenue which is acceptable
to the city. ~ '
The city attorney then presented a suggested resolution and recommended
adopting it after incorporating the three suggestions noted above.
Councilman Anderson excused himself at 6:30 p.m.
Lawrence Wozniczka, 6744 Wentworth, asked questions about easements from
the Summit Bank and various aspects of the United National easement. The city
attorney answered these questions.
Dave Nelson of Nelson's Restaurant, asked questions about how these easements
would affect the PUD proposal, in particular the possible issuance of a variance
for a free-standing restaurant without a PUD. It was indicated that these
easements and agreements did not refer to that possibility.
Motion by J~.cobsen, 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. 5884
RESOLUTION AUTHORIZING EXECUTION OF DOCUMENTATION
PROVIDING FOR ACQUISITION OF EASEMENTS ON HUB SHOPPING PROPERTY
Continued Meeting -4- March 21, 1978
Po11 of votes: Ayes - Jacobsen, Ludeman, Luettinger, Law. Nays - None. Absent -
Anderson, Carried. This resolution appears as Resolution No. 5884 in Resolution
Book No.41.
4._ Resolution Authorizing Eminent Domain Proceedin s for Nelson's Restaurant
The city attorney requested the council to defer action on this agenda item
until the next regular meeting of the council or until the originals of the
easements and corrected agreements were received by the city. He.reported
that efforts to initiate preliminary negotiations had. been started.
Motion by Ludeman, seconded by Luettinger to defer this item to the next
council meeting.
A11 ayes - Carried.
5. Adjournment
Absent - Anderson.
Motion by Ludeman, seconded by Luettinger that the meeting adjourn.
A11 ayes - Carried. Absent - Anderson. Time: 6:45 p.m.
Date Approved: March 27, 1978
Thomas J. Mo an City Clerk
Lc en L. L .yor
. _ w `•~'
Wayne S. Burggraaff ity M er