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09-08-1980 CITY OF RICHFIELD Regular Meeting September 8, 1980 The City Council of the City of Richfield met in regular session in the Council Chambers of the City Ha1I on Monday, September 8, 1980, at 7:00 p.m. Rev. Stephen Hachig, Pastor of Hoixse of Prayer Dutheran Church, gave the invocation. City Manager Karl Nollenberger led in the Pledge of Allegiance. The meeting was called to order by Mayor Donald Priebe, at 7:10 p.m. Present: Bunce, Collins, Ludeman, Luettinger, Priebe 1 1. Minutes Motion by Luettinger, seconded by Ludeman that the minutes of the August Z5, 1980, city council meeting be approved with the following corrections: Page 2: Correct the spelling of Mr. Dave Whetstone's name. Page 3: "Motion by Ludeman, seconded by Collins to reset this hearing --" Page 5: "Ms. Johnson, who operates Vanity Cleaners --" Page 9: Delete "Councilman Ludeman withdrew his motion." and replace with "Motion died for lack of a second." L A11 ayes - Carried. 2. Presentation of Check to City by Lion's Club Mr. Robert Beuscher presented a donation of $480, proceeds of their pancake breakfast, to the city on behalf of the Richfield Lion`s Club. Mayor Priebe expressed the appreciation of the city to the Lion's Club. 3. Presentation of 1981 City of Richfield Budget Proposal City Manager Karl Nollenberger presented a brief background of the proposed 1981 budget and outlined the schedules for the upcoming budget hearings. Council Meeting Minutes -2- September 8,, 1980 4. Opportunity for Members of Audience to Address the City Council Don Cederholm, 6215 5th Avenue, spoke about dogs running loose and the responsibility of dog owners. The city manager told Mr. Cederholm the subject would be considered at the September 22, 1980 city council meeting. Raymond Peach, 6600 Columbus, spoke about snowplowing concerns. He said he is loosing the use of two feet of his yard as a result of salt killing his grass. Frank Riley, 6915 Portland, expressed his concerns about street lighting on main streets and asked why it is not on the agenda. He was advised that it will be on the September 22, agenda. 5. Request for Special Use Permit, 7625 Chicago Avenue City Manager Karl Nollenberger presented the request of House of Prayer Lutheran Church for a special use permit to operate a day care center at the church on property that is presently zoned "R", single family residential. He reviewed the staff and planning,nommission recommendations for approval of issuance of this special use permit, subject to certain stipulations. Rev. Stephen Hachig, representing House of Prayer Lutheran Church, spoke on behalf of the church's application to operate a day care center under the "Latch Key" operation. He indicated that the projected enrollment is for 30 children between the ages of 5 and 12, and that no new construction is contemplated as the existing facilities would be used. Motion by-Ludeman, seconded by Luettinger to close the hearing. All ayes - Carried. Motion by Ludeman, seconded by Luettinger to grant the special use permit subject to the following stipulations as listed in Council Letter No. 315: 1. The facilities meet applicable fire codes before the day care use begins operating. Council Meeting Minutes -3- September ~, 198,0 2. The facilities meet all applicable federal, state, and county regulations for day care service and obtain the proper and •~ -~ necessary licenses for such. All ayes - Carried. 6. Request for Variance to the Zoning Ordinance, b745 15th Avenue City Manager Karl Nollenberger reviewed the request of Richard B. Swanson, 6745 15th Avenue, for a variance to reduce the required thirty foot side street side yard setback from the existing twenty-two feet tomfourteen feet to allow construction of an addition to his home. Mr. Swanson appeared in support of his request. Paul Seyer, 1409 W. 68th Street, expressed his support for Mr. Swanson`s proposed variance. Motion by Collins, seconded by Bunce to close the hearing. All ayes - Carried. Motion by Luettinger, seconded by Collins to grant this variance request. All ayes - Carried. 7. Request for Approval of Phase II, Hub PUD Final Development Hub Shopping Center Property, Special Use Permit, Off-Street Parking Permit, and Vacation of a Portion of Pillsbury Avenue City Manager Karl Nollenberger reviewed the history of the Hub/Summit/Penny PUD development which the city council approved on February 12, 1979. The PUD plan indicated that the development would be completed in four phases, with each property owner responsible for the improvements to be undertaken on their property. At this time Phase II was being presented for city council approval. Dennis Kraft, Community Development Director, presented additional information to support Phase II and elaborated on the following three staff recommendations, as outlined in Council Letter No. 326: Council Meeting Minutes -4- September 8, 1980 1. That the city council approve the final development plan and special use permit subject to the following stipulations: •' a. That design details of all new signs should be approved by staff. b. That th.e transformer adjacent to the restaurant should be •~protected from automobiles. c. That a six-foot wide sidewalk should be provided at the rear of Korner Plaza. y - d. That an easement for buses to use vacated Pillsbury Avenue right-of-way be provided. e. That United National Corporation provide a performance bond or other acceptable security. 2. That the city council approve the off-street parking layout and authorize the city manager to execute an off-street parking agreement by passing the appropriate resolution. This approval should be subject to-the stipulation that the site work to be constructed within the Pillsbury Avenue right-of-way shall not begin until after Pillsbury Avenue is vacated. 3. That the city council set October 13, 1980 as the public hearing to consider the vacation of Pillsbury Avenue between 65th Street and 66th Street. •Robert Levine, 5005 Cedar Lake Road, attorney for Penny's Super Markets, stated his client is trying to get commitments for the spring of 1981 for Phase III construction on their site. Richard Naiman, of United National Corporation, said he was encouraged with the prospects of new tenants in the development and he indicated that Burger King will be the restaurant tenant, which will be integrated into the planned mall addition. Mr. Naiman extended his thanks to the city staff. Council Meeting Minutes -5- September $, 1980 Frank Riley, 6915 Portland, leveled several criticisms at United National Corporation, saying he felt the corporation would be receiving benefits from the project rather than contributions to the overall development of the L/H/N. Councilman Luettinger said he would rather see a "sit down" restaurant come into the Hub area than a "fast food" type restaurant. Two architects from Burger King outlined their proposed facility and answered council questions. Lawrence Wozniczka, 6744 Wentworth, asked how pedestrian flow will be provided between 65th and 66th Street plus east to west. He expressed the hope that the project will be successful. Motion by Bunce, seconded by Ludeman to close the hearing. All ayes - Carried. Motion by Bunce, seconded by Collins to approve Phase II, the PUD final development plan and special use permit subject to the stipulations a - e, as listed above, and set the date of hearing for street vacation for October 13, 1980. A11 ayes - Carried. Motion by Bunce, seconded by Collins 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. 6287 RESOLUTION APPROVING LAYOUT AND CONTRACT FOR OFF-STREET PARKING IN ACCORDANCE WITH APPLICATION N0. 80-10, CONTRACT N0. 2329 Name: United National Corporation Address: 745 Fifth Avenue New York, N.Y. 10022 Locstion: HUB Shopping Center 66th Street & Nicollet Avenue Use: Phase II, HUB PUD Po11 of votes: Ayes - Bunce, Collins, Ludeman, Luettinger, Priebe. Nays - None. Carried. This resolution appears as Resolution No. 6287 in Resolution Book No. 45. Bill 1980-21, Transitory Ordinance No. 16.68, "An Ordinance Providing for the Vacation of a Portion of Pillsbury Avenue South", was read and reviewed by Council Meeting Minutes -6- September $~, 1980 City Attorney Clayton LeFevere, the same being on file in the office of the city clerk. (C-9922) Motion by Bunce, seconded by Collins_.that this constitute a first reading of Bill 1980-21; that it. be published in the official newspaper and that second reading of this ordinance amendment be scheduled for October 13, 1980. Po11 of votes: Ayes - Bunce, Collins,~Ludeman, Luettinger, Priebe. Nays - None. Carried. ~~ Councilman Luettinger said he was more in favor of landscaping rather than cement islands in the HUB area. 8. Transitory Ordinance Providing for the Disposition of Certain Real Property of the City for Lyndale Hardware Improvements. Second Reading. City Manager Karl Nollenberger opened the hearing providing for the disposition of city property to S & M Company (Lyndale Hardware). The property to be disposed of is the former Amoco Service Station and Betty Crocker Pie shop. Lawrence Wozniczka, 6744 Wentworth, asked about the 8,000 feet the city will convey to the developer and indicated he felt the settlement was unfair to the city. The city manager and city attorney gave legal and historical factual information to Mr. Wozniczka in way of a response. Pat Johnson, 6810 Penn Avenue, owner of Vanity Cleaners, expressed her dis- pleasure at being displaced from her place of business. She said she would like to have the HRA relocate her business as they have done for other affected businesses. City Attorney Clayton LeFevere, mentioned that Mrs. Johnson's tenancy without a lease is always vulnerable and that neither tr.e HRA nor the city have displaced her. Mrs. Johnson said she blames the city for .her inconvenience, not the lessor. Council Meeting Minutes -7- September $ , 1980 Don~iNelson, 6610 Lyndale Avenue, owner of the Lyndale Barbershop and Laundromat next to the Vanity Cleaners, spoke in support of Mrs. Johnson•.• Frank Riley, 6915 Portland, asked for clarif~,cation on the background of the Lyndale Hardware development. The city attorney provided him legal information on industrial revenue bonds. Motion by Ludeman, seconded by Luettinger to close the hearing. All ayes - Carried. Bill 1980-18, Transitory Ordinance No. 16.66, "A Transitory Ordinance Providing. for the Disposition of Certain Real Property of the City", was read and reviewed by Clayton LeFevere, City Attorney, the same being on file in the office of the .city clerk. (C-1980-18) Motion by Ludeman, seconded by Bunce that this constitute a second reading of Bill 1980-19; that it be published in the official newspaper and that it be made a part of these minutes. Poll of votes: Ayes - Bunce, Collins, Ludeman, Luettinger, Priebe. Nays - None. Carried. 9. Request for A proval of Off-Street Parking Permit, Lyndale Hardware City Manager Karl Nollenberger advised the city council that S & M Corporation, owners of Lyndale Hardware Store, have requested that the off-street parking permit be amended to allow construction of an additional 2,331 square feet of office space to the second floor of the building. Mr. Nollenberger and Dennis Kraft, Community Development Director, responded to council questions. Attorney Jerry Bri11, representing Lyndale Hardware, spoke of his client's concern for parking and said that it is a serious problem for the business. Council Meeting Minutes -8- September 8, 1980 Lawrence Wozniczka, 6744 Wentworth, asked for a clarification of the concept of street vacation and expressed concern for cutting off public access to.Lyndale Avenue. Motion by Bunce, seconded by Collins to close the hearing. All ayes - Carried. 'Mot•ion by Ludeman, seconded by Luettinger to approve the amendment to the off-street parking permit with the stipulation that Lyndale Hardware provide a minimum of twelve additional off-street parking spaces; and to further recommend that Lyndale Hardware should proceed to petition for vacation of the north 26 feet of Circle Place to accomplish this. All ayes - Carried. 10. Transitory Ordinance Prflviding for Vacation of a Portion of 65th Street. First Reading. City Manager Karl Nollenberger advised the city council that a petition had been received from Summit Bank and Richfield Medical Group to vacate the remaining portion of 65th Street between their properties. The city manager recommended that the city council acknowledge receipt of the petition and set a public hearing date on this vacation for October 13, 1980. Motion by Luettinger, seconded by Bunce 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. 6288 RESOLUTION RECEIVING STREET VACATION PETITION AND CALLING FOR PUBLIC HEARING Poll of votes: Ayes - Bunce, Collins, Ludeman, Luettinger, Priebe. Nays - None. Carried. This resolution appears as Resolution No. 6288 in Resolution Book No. 45. Council Meeting Minutes -9- September 8, 1980 Bi11 1980-Z0, Transitory Ordinance No. 16.67, "An Ordinance Providing for the Vacation of a Public Street", was read and reviewed by City Attorney Clayton LeFevere, the same being on file in the office of the city clerk. (C-9921) Motion by Luettinger, seconded by Bunce that this constitute a first reading of Bill 1980-Z0; that it be published in the official newspaper and that second reading of this transitory ordinance be scheduled for October 13, 1980. Poll of votes: Ayes - Bunce,. Collins, Ludeman, Luettinger, Priebe. Nays - None. Carried. 11. Approval of Bond Sale, City Project 705, L/H/N Street Improvements City Manager Karl Nollenberger advised the city council that the bond sale relating to CP 705, L/H/N Street Improvements, was held this afternoon. Administrative Services Director Joyce Wilde reviwed the bids received for the purchase of $6,100,000 General Obligation Improvement Bonds of 1980. Tom Peterson, representative of Evensen-Dodge, Inc., financial advisers to the city, answered questions. Lawrence Wozniczka, 6744 Wentworth, questioned the interest rates and financing; said he would like an "assurance proviso" to protect property owners; and he cautioned against over extending at a time when interest rates are high. Motion by Bunce, seconded by Collins 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. 6310 RESOLUTION AWARDING THE SALE OF $6,100,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1980; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT Poll of votes: Ayes - Bunce, Collins, Ludeman, Luettinger, Priebe. Nays - None. Carried. This resolution appears as Resolution No. 6310 in Resolution Book No. 45. Council Meeting Minutes -10- September $, 1980 Motion by Luettinger, seconded by Collins to notify the property owners in the L/H/N area that the interest rate on unpaid special assessments will be 9°l0 rather than the 8% previously passed by the council. All ayes - Carried. 12. Request for Off-Street Parking Permit, Canteen Company, 6310 Penn Avenue City Manager Karl Nollenberger presented the request of The Canteen Company, 6310 Penn Avenue, for an off-street parking permit for a lot providing 89 parking spaces. He indicated that the application is in compliance with the city's guidelines and ordinances and recommended that the application be approved. Motion. by Luettinger, seconded by Collins 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. 6289 RESOLUTION APPROVING LAYOUT AND CONTRACT FOR OFF-STREET PARKING IN ACCORDANCE WITH APPLICATION N0. 80-9, CONTRACT N0. 2328 Name: Lee Johnson The Canteen Company Address: 6310 Penn Avenue Use: Manufacturing Po11 of votes: Ayes - Bunce, Collins, Ludeman, Luettinger, Priebe. Nays - None. Carried. This resolution appears as Resolution Nq'. 6289 in Resolution Book No. 45. 13. Traffic Control Requests City Manager Karl Nollenberger reviewed the following requests for parking restrictions: 1. 73rd Street, Portland to Sth.Avenue - The committee recommended. no change. 2. 6640 - 5th Avenue - The committee recommended no change. 3. 76th Street - The committee recommended "No Parking Except Sunday" signs be installed on 76th Street between Xerxes and Sheridan Avenues. Richard Blevins, 7539 Washburn, expressed concern about increased speed o~ Council Meeting Minutes -11- September~8", 1980 vehicles on 76th Street. Motion by Bunce, seconded by Luettinger to defer consideration of these requests to the September 22nd city council meeting and notify the neighbors in the 76th Street area of the committee's recommendation. All ayes - Carried. 14. Resolution Relating to MASAC (Metropolitan Airports Sound Abatement Council) . City Manager Karl Nollenberger.z~ecommended city council approval of a resolution from the Metropolitan Aircraft Sound Abatement Council supporting the designation of the Anoka County Airport as an intermediate facility. Motion by Luettinger, seconded by Bunce 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. 6309 RESOLUTION SUPPORTING DESIGNATION OF THE ANOKA COUNTY AIRPORT AS AN INTERMEDIATE FACILITY Po11 of votes: Ayes - Bunce, Collins, Ludeman, Luettinger, Priebe. Nays - None. Carried. This resolution appears as Resolution No. 6309 in Resolution Book No. 45. 15. Appointment to Civil Service Commission Motion by Collins, seconded by Ludeman to appoint Mary Reiter, 208 Pleasant Lane, to serve on the Civil Service Commission to a term expiring February, 1982. A11 ayes - Carried. 16. Discussion of Regulations on Vehicles Parked on Private Property In response to a request from Councilman Luettinger, the city attorney outlined the ordinances relating to the parking of motor vehicles on private property, and the subsequent enforcement. Motion by Luettinger, seconded by Ludeman to request the staff to study this area and report back to the council at a future date. All ayes - Carried. Council Meeting Minutes -12- September &,.1980 17. Consent Agenda A request was made by Councilman Bunce to remove Item 16-G from the. consent agenda. A discussion ensued regarding the easement donation by Super America. Motion by Bunce, seconded by Collins that the following items be approved: A. Assessment Rolls for Diseased Tree, Nuisance Abatement and Weed Destruction - C.L. 321 RESOLUTION N0. 6303 RESOLUTION LEVYING SPECIAL ASSESSMENT FOR WEED DESTRUCTION RESOLUTION N0. 6304 RESOLUTION LEVYING SPECIAL ASSESSMENT FOR NUISANCE ABATEMENT RESOLUTION N0. 6305 RESOLUTION LEVYING SPECIAL ASSESSMENTS FOR ABATEMENT OF DISEASED TREES B. Resolution Certifying Assessment Rolls for Water and Sewer Payments - C.L. 329 RESOLUTION N0. 6306 RESOLUTION CERTIFYING UNPAID SEWER AND WATER SERVICE CHARGES TO THE COUNTY AUDITOR TO BE COLLECTED WITH OTHER TAXES ON SAID PROPERTIES C. Approval of Minutes, Tabulation of Bids and Award of Contract for Central Garage Remodeling Project - C.L. 330 Approve low bid of Henry 0. Mikkelson Company in the amount of $58,700 and authorize Mayor and City Manager to execute contract documents. RESOLUTION N0. 6312 RESOLUTION TRANSFERRING SPECIAL REVENUE MONIES FROM CITY PROJECT N0. 727 TO CITY PROJECT N0. 692 D. Purchase in Excess of $1,000 - C.L. 322 Fencing - Extending and fencing pony league field in easy youth baseball complex.. Purchase from Crowley Fence Company in the amount of $4,950. - Carpeting for Ice Arena Lounges - Purchase from Minneapolis Builders Supply in the amount of $2,271. Grass Seed - Starter fertilizer and grass seed for golf course. Purchase from Council Meeting Minutes -13- September.g, 1980 0. M. Scotts, Inc. in the amount of $4,506. e Weed Radicator - Weed grass preventer for golf course. Purchase from 0. M. Scotts, Inc. in the amount of $6,620. E. Request for Authorization to Submit Grant Application - C. L. 319 RESOLUTION N0. 6307 RESOLUTION AUTHORIZING FILING OF FINAL APPLICATION FOR GRANT TO DEVELOP OPEN SPACE UNDER THE PROVISION OF THE STATE NATURAL RESOURCE FUND F. Approval of 1981 Community Health Services Plan - C.L. 317 RESOLUTION N0. 6308 RESOLUTION AUTHORIZING SUBMISSION OF A PLAN IN APPLICATION FOR A COMMUNITY HEALTH SERVICES ACT SUBSIDY FOR 1980-1981 ___ G. Execution of Easement Agreement, 66th Street Improvement Project - C.L. 313 . Authorize the Mayor and City Manager to execute easement agreement with Super America Stations, Inc., 826 W. 66th Street. H. Tabulation of Bids, Minutes and Award of Contract for Demolition and Salvage of Betty Crocker Pie_Shap -_C.L. 311 Award contract to Carl Bolander & Sons Compny in the amount of $5,500. Sales realized for salvageable property is $5,098.55. Net cost of demolition will be $401.45. I. Claims and Payrolls SUMMIT STATE BANK Checks 55200/55222 $527,233.61 RICHFIELD BANK & TRUST Checks 61082/61434 Payroll $178,888.64 Checks 1407/48266 General 472,000.60 J. Payments and Estimates Estimate No. 6, CP 688, automatic irrigation system for golf course, Evergreen Lawn Sprinklers, Inc. - $8,963.43 Council Meeting Minutes -14- All ayes - Carried. Licenses (Not on Agenda) Musical concerts - Homestead Pickin Parlor, 9/3 and 10/25/$0. Motion by Luettinger, seconded by Bunce to advise the applicant that late applications will no longer be approved, but to approve it this time. All ayes - Carried. __~~xeet Barricades Shirley Dyke, 6815 Garfield, Garfield Avenue between 68th and 69th Streets, ` September 13, 3;00 p.m. - Sondra Barness, 7441 Dupont, Dupont Avenue between 74th and 75th Streets, September 13, 4:00 p.m. - Phyllis Meyer, 7525 Bryant, Bryant Avenue between 75th and 74th Streets, September 13, 5:00 p.m. to 8:00 p.m. Motion by Collins, seconded by Bunce to delete the budget meeting for October 1, from the proposed schedule of budget hearings. All ayes - Carried. 18. Adjournment Motion by Collins, seconded by Ludeman that the meeting adjourn. All ayes - Carried. Time: 11:30 p.m. Date Approved: September 22, 1980 Sy is K. Bergh Acting .City erk c September 8, 1980 ~~~ ~~~ Karl Nollenberger City Manager