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07-10-1978CITY OF RICHFIELD Regular Meeting July 10, 1978 The Council of the City of Richfield met in regular session in the Council Chambers of the City Ha11 on Monday, July 10, 1978, at 7:00 p.m. Father Dummer, Church of the Assumption, gave the invocation. The meeting was called to order by Mayor Loren L. Law. Present: Anderson, Jacobsen, Ludeman, Luettinger, Law 1. Minutes Motion by Anderson, seconded by Luettinger that the minutes of the regular meeting of June 26, 1978, be approved as submitted. All ayes - Carried. 2. Request for Variance to the Zoning Ordinance, 6738 - 13th Avenue Richard Krier, Planning and Redevelopment Director, reviewed the request of Mr. and Mrs. Franklin Duffy for a variance to the interior sideyard setback require- ments of their lot at 6738 - 13th Avenue to allow them to add a second story to their home as noted in Council Letter No. 205. Mr. Krier reported the staff had recommended denial of this request, but that the Planning Commission had recommended. the variance be approved. Mr. Duffy, the applicant, was present in support of his request. Motion by Anderson, seconded by Ludeman to close the hearing. A11 ayes - Carried. Motion by Ludeman, seconded by Luettinger to grant the variance. A11 ayes - Carried. 3. Request for Variance to the Zoning Ordinance, 7345 Columbus Avenue Richard Krier, Planning and Redevelopment Director, reviewed the request of Mr. Gerichs Sundquist, 7345 Columbus Avenue, for a variance to construct a metal storage shed 2 feet beyond the sideya-rd setback width on the streetside of a corner Council Meeting Minutes -2- July 10, 1978 lot, as outlined in ^ouncil Letter No. 206. Mr. Krier presented the staff recom- mendation for denial of this request for variance. Joe Ertmann, Chairman of the Planning Commission, summarized the Planning Commission recommendation that the variance request be denied. Motion by Anderson, seconded by Ludeman to close the hearing. All ayes - Carried. Motion by Luettinger, seconded by Ludeman that the request for variance be granted with the stipulation that the building be well maintained at all times. All ayes - Carried. 4. Request for Variance to the Zoning Ordinance, 7229 Humboldt Avenue Richard Krier, Planning and Redevelopment Director, presented the request of Sharon Brunner, 7229 Humboldt Avenue, for a variance to the frontyard setback ~~ ~~ requirements to allow her to build an attached garage on the front of her residence, as outlined in Council Letter No. 209. He reported the staff had recommended denial of this request for a variance. Sharon Brunner appeared in behalf of her request. Joe Ertman, Chairman of the Planning Commission, reviewed the Planning Commission recommendation for approval of this variance. Motion by Anderson, seconded by Jacobsen to close the hearing. All ayes - Carried. Motion by Ludeman, seconded by Jacobsen to grant this variance. All ayes - Carried. 5. Request for Special Use Permit, Pontilla Pizza, 2312 W. 66th Street Mayor Law noted that the application was not complete, thereby preventing the matter from being considered at this time. Motion by Anderson, seconded by Jacobsen that this item be deferred until such Council Meeting Minutes -3~ July l0, 1978 tame as the application was complete. All ayes ~ Carried. 6._____Regue~~_for_5ubdvis.ion,_ Preliminary Plat, Woodlatce_Inv_estment Addition Richard Krier, Plannin^ and Redevelopment Director, presented the request of Woodlake Veterinary Hospital and Robert G. and I:atheririe Jahn to combine the property located at 64.38-6444 Lyndale Avenue, as explained in. Council Letter No. Zll. This proposed Lyndale Business Center will house the Woodlake Cleaners, Woodlatee ~~eterin.ary Hospital and one other business. Joe Ertman, Chairman of the Planning Commission, presented the commission recommendation for appro°~al of this subdivision. Motion by Jacobsen, seconded by Ludeman to close the Bearing. A11 ayes ~'_:arried. Motion by Jacobsen, seconded by Ludeman to grant approval of the preliminary p~.at for the Woodlake Investment Addition subject to the following two stipulations: 1. That Business Condominium Documents be submitted to the city to ensure that development occurs as proposed and that indi~ victual structures are not constructed on substandard lots. 2. That the utility locations and size be corrected on the plat inap. All ayes - Carried. 7. Pro osed Transitor Ordinance Providin for Charter Amendment on Election of - _ _ .. Ma~yor_and Council Members Donald Jacobson, 6436 Portland Avenue, member of the CBarter Co~rission, presented a proposed transitory ordinance amendment which would amend Section 2.93, Elective Officers, of the city charter. Mayor Law asked for copies of the May 11, 1978 and June 29, 1978 commission minutes. Gordon Anderson, 7501 Elliot Avenue, Charter Commission Chairman, advised that final minutes for these meetings were not yet available and then reviewed the Council Meeting Minutes -4- July 10, 1978 proposed implementation process to change the method of electing council members. Clayton LeFevere, City Attorney, explained the procedures to be used in implementing charter changes, and observed that the wording of the proposed ordinance was not~co~nsistent with the-implementation process explained by commission members. Motion by Ludeman, seconded by Jacobsen to defer action on the proposed transitory ordinance until such time as the council received minutes of the May 11, and June 29, meetings of the Charter Commission since actions on the proposed amend- ments occurred at these meetings. All ayes - Carried. _ The following persons appeared in interest: Richard Blevins, 7539 Washburn John Landers, 7432 Washburn Betty Carr, 6633 Lynnwood Boulevard, Charter Commission member Jan Bray, 6645 Portland, ser_retary of Charter Commission 8. Ordinance Amendment Providing for the Vacation of 65th Street Between Nicollet and Pillsbury Avenue. First Reading. Wayne BurgUraaff, City Manager, reviewed the previous transactions that have taken place to implement this street vacation, as outlined in Ge~uncil Letter No. 212. Joe Ertman, Planning Commission chairman, reviewed the Planning Commissior. recommendation to vacate this street. L. °Sievers, 6420 Wentworth Avenue, appeared in interest. Bill 1978-15, Transitory Ordinance 16.50, "An Ordinance Providing for the Vacation of a Portion of 65th Street", was reviewed by City Attorney, Clayton LeFevere, the same being on file in the office of the city clerk. (C-9834) Motion by Jacobsen, seconded by Luettinger that this constitute a first reading of Bill 1978-15; that it be published in the official newspaper and that second reading of this ordinance amendment be scheduled for July 24, 1978. Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Carried. Council Meeting Minutes -5- July 10, 1978 9. Traffic Control Requests Joyce Wilde, Administrative Assistant, summarized the Traffic Control Committee's recommendations on the following requests: 64th and Newton - Request for four-way stop sign The committee recommended installation of a two-way stop sign at this intersection, on 64th Street. Mr. John Lindquist, 6400 Newton Avenue, appeared in favor of the petition re- questing a four-way stop at 64th Street on Newton Avenue. Motion by Ludeman, 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. 5929 RESOLUTION RELATING TO TRAFFIC CONTROL SIGNS "STOP" SIGNS ON 64TH STREET AND NEWTON AVENUE MAKING INTERSECTION A FOUR-WAY STOP Poll of votes:- Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nays - None. Carried. This resolution appears as Resolution No. 5929 in Resolution Book No. 42. 74th and Park Avenue Motion by Ludeman, seconded by Luettinger to accept the recommendation of'the traffic control committee that no stop signs be erected at this intersection. All ayes - Carried. 64th and Logan Avenue The committee recommended that no stop signs be erected at this intersection. The following persons appeared in favor of the petition requesting a four-way stop sign at 64th Street and Logan Avenue: Donna Martin, 6330 Logan Neil Jensen, 6331 Zogan Mrs. Gary Fulkerson, 6404 Logan Council Meeting Minutes -6- July 10, 1978 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. 5930 RESOLUTION RELATING TO TRAFFIC CONTROL SIGNS "STOP" SIGNS ON 64TH STREET AND LOGAN AVENUE MAKING INTERSECTION A FOUR-WAY STOP Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nays - None. Carried. This resolution appears as Resolution No. 5930 in Resolution Book No. 42. 67th and Russell Avenue The committee recommended that no stop signs be erected at this intersection. Motion by Ludeman, seconded by Jacobsen that the recommendation of the traffic control committee that no stop signs be installed at this intersection be approved. All ayes - Carried. 73rd and 17th Avenue Motion by Anderson, seconded by Luettinger that this item be deferred to the next council meeting. All ayes - Carried. Diagonal Boulevard and Cedar Avenue The committee recommended no changes in traffic control at this intersection. Motion by Ancerson, seconded by Ludeman that the recommendation of the traffic control committee to deny the request for additional stop signs on Cedar Avenue at Diagonal Boulevard be accepted. Motion failed. Motion by Luettinger, seconded by Ludeman that no additional stop signs be erected at this location, and that the committee be directed to investigate the desirability of creating parking restrictions near the intersection of Cedar Avenue and Diagonal Boulevard. All ayes - Carried. Council Meeting Minutes -7- July 10, 1978 6700 Block of East Pleasant Avenue The committee recommended that the east side of this block be posted "No Parking Midnight to 6 a.m." and that the west side of the street be posted "No Parking Anytime". Ken Kunz, 2920 West 78th Street, owner of the apartment building at 6745 Pleasant Avenue, appeared in opposition to establishment of parking restrictions on Pleasant Avenue. Motion by Anderson to defer action until Mr. Kunz could speak to the other apartment owners. Mot-ion failed for lack of a second. Motion by Ludeman, seconded by Anderson that "No Parking" signs be installed on the west side of East Pleasant Avenue. Motion failed. Council members requested that the committee investigate the desirability of creating parking restrictions on 68th Street near Pleasant Avenue, and the possibility of establishing fire lanes between apartment buildings. Motion by Ludeman, seconded by Luettinger that this item be deferred until the committee has completed its investigation and recommendation. A11 ayes - Carried. 10. Request for Sign Permit, St. Nicholas Church, 7727 Penn Avenue Wayne Burggraaff, City Manager, advised the council that St. Nicholas Episcopal Church had requested permission to erect a pedestal illuminated sign which did not comply with the sign ordinance, as explained in Council Letter No. 204. James Stark and Rick Kean appeared representing St. Nicholas Church in this request.. Motion by Jacobsen, seconded by Luettinger that the sign provisions be varied to permit the church to install this sign. All ayes - Carried. Council Meeting Minutes -8- -July 10, 1978 11. Request for Reconsideration of Variance Stipulations,.8i7 E. 66th Street Howard Moore, 7600 Parklawn, attorney for Clifford Hoffman, appeared before the council-tp xequest.removal of.the curb cut stipulations they attached to the variance for the service station Mr. Hoffman has purchased at 817 E.- 66th,Street. Motion by Ludeman that the north curb cut be closed and the south one on Elliot Avenue be retained. Motion failed for lack of a second. Motion by Luettinger, seconded by Jacobsen to leave curb cuts as they are on Elliot Avenue with no changes made. Po11 of votes: Ayes - Law, Jacobsen, Luettinger. Nays - Ludeman, Anderson. Carried. Motion. by .Anderson, seconded by Ludeman that brick be used in the construction of the supporting columns of the canopy at this location to create an~esthetically pleasing appearance. A11 ayes - Carried. 12. Amendment of Engineering Services Contract with Orr-Schelen-Ma eron and Carl Marinics, Public Works Director, recommended that the existing agreement with Orr-Schelen-Mayeron be amended to permit preparation of the engineering reports of the areas susceptible to flooding, as outlined in Council Letter No. 208. Richard Blevins, 7539 Washburn Avenue, appeared in interest. Motion by Jacobsen, seconded by Ludeman to authorize amending this contract by increasing the maximum amount to be paid to the consultant under the terms of this agreement from $5,000 to $16,500. Poll of votes: Ayes - Anderson, Jacobsen, Luettinger, Ludeman. Abstain - Law. Carried. 13. Initiation of Street Vacation Proceedings for Grand Avenue, 66th Street to 65th Street Council Meeting Minutes -9- 'J'uly 10, 1978 Wayne Burggraaff, City Manager, recommended the council adopt the necessary resolution and give first reading consideration to an ordinance vacating Grand Avenue between 65th and 66th Street, as explained in Council Letter No. 213. 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. 5931 RESOLUTION RECEIVING STREET VACATION PETITION AND CALLIlVG FOR PUBLIC HEARING Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger,-Law. Nays - Nane. Carried. This resolution appears as Resolution No. 5931 in Resolution Book No. 42. Bill 1978-16, Transitory Ordinance 16.49, "An Ordinance Providing far the Vacation of a Portion of Grand Avenue", was read and reviewed, the same being on file in the office of the city clerk. (C-9835) Motion by Jacobsen, seconded by Ludeman that this constitute a first reading of Bill 1978-16; that it be published in the official newspaper and that second reading of this ordinance amendment be scheduled for July 24, 1978. Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nays - None. Carried. 14. Resolution Declaring Costs to be Assessed and Ordering Preparation of Proposed Assessment Ro11 for 1977 Street Paving Project Wayne Burggraaff, City Manager, recommended the city council adopt a resolution initiating the process for conducting special assessment hearings on the 1977 Permanent Street Construction, City Project No. 686. 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 Bart of these minutes: RESOLUTION N0. 5932 RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ROLL FOR C. P. N0. 686 Council. Meeting Minutes -10- July 10, 1978 Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nays - None. Carried. This resolution appears as Resolution No. 5932 in Resolution Book No. 42. 15. Consideration of Association of Metropolitan-Municipalities Membership Motion by. Ludeman, seconded by Anderson to deny.payment_of.dues increase. Motion withdrawn.. . Motion by Jacobsen, seconded by Luettinger that action on this item be deferred to permit representatives of the association to address the council. All ayes - Carried. 16. Claims and Payrolls Motion by Anderson, seconded by Jacobsen that the following claims and payrolls be approved: RICHFIELD BANK & TRUST Checks 35264/35951 General $ 266,423.87 Checks 40650/41024 Payroll $ 151,569.38 SUMMIT STATE BANK Checks 41026/41081 $1,366,149.78 A11 ayes - Carried. 17. Licenses Motion by Ludeman, seconded by Jacobsen that the following license be approved: New Schubert Search Lite, 250E E. 75th St. Temporary. search light-1 day All ayes - Carried. Motion by Ludeman, seconded by Luettinger that the following block party barricades be approved: Mrs. Duane Dahner.t, 7209 Bryant, July 21, 1978, .Bryant Avenue between 73rd Street and Oak Grove Blvd. Between 5-10 P.M. Mr. and Mrs. Jon Venzre, 6427 16th Avenue, July 29, 1978 16th Avenue between 64th and 65th Streets Council Meeting Minutes -11- July 10, 1978 All ayes - Carried. Motion by Ludeman, seconded by Anderson that the following kennel licenses be approved: Kennel Licenses Renewal Richard Burtis, 7325 Fremont Avenue 4 cats Renewal Donald Moe, 6915 - 18th Avenue 3 dogs Renewal Judith Hoover, 7620 Morgan Avenue 4 dogs, 1 cat Renewal Dorothy Masoner, 6326 Clinton Avenue 4 dogs Renewal Terry Markkaner, 6900 Nicollet 2 dogs All ayes - Carried. Motion by Ludeman to deny the renewal of the kennel license to Catherine Bros, 6338 Clinton Avenue. Motion failed for lack of a second. Motion by Luettinger, seconded by Anderson to suggest that Councilman Ludeman 1 speak to Mrs. Bros about reducing her cat population and advise council members of the results of his discussion at a subsequent council meeting. A11 ayes - Carried. Motion by Anderson, seconded by Jacobsen that the following taxicab driver licenses be approved: Taxicab Driver Licenses New Lowell Larson, 7505 Lyndale New James Easter, 5910 W. Broadway New Clifford Meyers, 4320 Culver Road New Av Shipley, 6891 Meadow Brook Blvd. New Russell Underhill, 2611 Pleasant Avenue New James Johnson, 70 West 78th Street Renewal Barbara Sietsema, 6724 Vincent Avenue New- G. Prestegard, 8410 Bloomington New William A11an, 7520 Germane Trail New Thomas J. Huot New Jim Heuer, 2808 Harriet Avenue New Scot Vaillancourt, 2500 West 70 1/2 Street New Thomas Simek, 2804 Beallane New John Herrmann, 10624 Xavier Avenue S. A11 ayes - Carried. Council Meeting Minutes -12- .Tiny 10, 197$ 18. Discussion Items Not on A ends Richard Blevins, 7539 Washburn Avenue, inquired about the procedure for notifying Richfield residents when development occurs on the border of Edina. The Planning and Redevelopment Director agreed to review this matter with Edina officials. The city council discussed the problems encounted by the city in obtaining. adequate highway landscaping maintenance from the Minnesota Department of Transportation. Council members asked that Mayor Law write directly to Governor Perpich to see if .the matter could be resolved. Mayor Law agreed to write the letter and advise council members of the results. Councilman Ludeman requested that the staff monitor activities at Adams Hi11 Park for juvenile problems. City Manager,Wayne Burggraaff, requested the council lift the vacancy moratorium to permit appointment of a personnel director. Motion by Jacobsen, seconded by Anderson to waive the vacancy moratorium to permit appointment of a personnel director. Poll of votes: Ayes - Jacobsen, Anderson, Law. Nays - Ludeman, Luettinger. Carried. Councilman Jacobsen excused himself from the meeting at 11:45 p.m. Motion by Law, seconded by Luettinger to direct the city manager to review organizational configurations within the municipal service and propose any desirable changes in accordance with the 1979 budget process. All ayes - Carried. Absent - Jacobsen. 19. Adjournment Motion by Luettinger, seconded by Anderson that the meeting adjourn. All ayes - Carried. Absent - Jacobsen. Time: 12:00 Date Approved: July 24, 1978 . ~~~~- Thomas J ' oran City Clerk ~ ' ~~u~ Wayne S. Burggraaff ( ~~.ty P~~ager