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10-12-1981CITY OF RICHFIELD Regular Meeting October 12, 1981 The City Council of the City of Richfield met in regular session in the council chambers of the city hall on Monday, October 12, 1981 at 7:00 p,m. The meeting was called to order by Mayor Donald J. Priebe at 7:10 p.m. Weblo Pack #339, led by Mr. John Dolan presented the Colors and led the pledge of allegiance. Pastor Larson of Woodlake Lutheran Church gave the invocation. Present: Bunce, Collins, Hasenstab,:.~Ludeman, Priebe. 1. Minutes Motion by Ludeman, seconded by Collins to approve the minutes of the regular meeting of September 28, the minutes of the budget hearing on September 28, minutes of~the budget hearing of September 30, and the minutes of the continued L/H/N maintenance assessment hearings and budget hearing of October 5 , 'I 981 . All ayes - Carried. 2. Employee of the Quarter Award City Manager Noll~enber.ger gave the background on this award, which is presented quarterly to an outstanding city employee. Mayor Priebe presented the award for the second quarter 1981 to Vi Hoff, Data Processing Division. 3. Opportunity for Persons to Address the City Council Fred Amram, 7026 Lyndale Avenue appeared and read aloud •a letter relating to the October 6, 1981 Lyndale Avenue Neighborhood Meeting. Copies of this letter were also presented to members of the city council. Senator Steve Lindgren, 7141 Oak Grove Blvd., spoke regarding the variance issues and a I~1NDot meeting on this project. Senator Lindgren advised that he had met with the Commissioner of Trans- portation and quoted that "No decision made as of today by the Commissioner." Senator Lindgren cited Minnesota Statutes 162.02, subdivision 38, Issue of Notice for Variance Hearing and referred to the city council meeting minutes of May 26, 1981 regarding the decision on the width of Lyndale Avenue. Council Meeting Minutes- -2- October 1-2, 1931 4. Approval of Agenda Council Member Ludeman requested that Item 17A, Resolution Setting Date of Hearing for Proposed Industrial Bond Issue for Property Located at lath Street and 12th Avenue be removed from the consent calendar. Motion by Ludeman, seconded by Hassenstab to approve the agenda as amended. All ayes - Carried. 5. Request for Variance, 7400 Cedar Avenue City Manager Nollenberger presented the background informa- tion as noted in Council Letter No. 345. Mr: Steve Hadden, representing Green Scapes, appeared in~his behalf to answer questions. Motion by Ludeman, seconded by Hassenstab to close the hear- ing. ' All ayes - Carried.. Motion by Ludeman, seconded by Hassenstab to grant the vari- ance subject to the following stipulations: 1. That the fence material be of wood, except that a chain link fence could be erected along Cedar Avenue only. 2. That there be no storage outside the fence. 3.~ That the 50-foot visibility triangle be kept clear to ensure proper visibility at the corner of Cedar Avenue and East 74th Street. 4. That the applicant enter into a Hold Harmless Agreement with the city prior to improving portions of the public right-of-way. All ayes - Carried. 6. Request for Variance, 1920 West 76th Street City Manager Nollenberger presented the background information. The applicant, Joe Krzyzaniak spoke on his-own behalf regard- ing the need to erect the fence to cut down on tresspassing over his property. Terrill Anderson, 7501 Elliot Avenue, spoke on behalf of the planning commission deliberations, which voted 9-0 to deny the variance on the Morgan Avenue side. Council Meeting Minutes -3- October 12, 1981 Motion by Hassenstab, seconded by Bunce to close the hearing. All ayes = Carried. "" _Motion by Ludeman, seconded by Hassens-tab to grant the variance to erect a wood fence 2.5 feet in height for the-south portion of the fence along 76th Street on the property line. A11 ayes -Carried. Motion by Collins, seconded by Bunce to grant a variance to erect a wood fence 2.5 feet in height seven feet from the property line on the public-right-of-way on Morgan Avenue. Poll of Votes: Ayes - Bunce, Collins. Nays - Hassenstab, Ludeman, Priebe. Motion Failed. • 7. ReQuest for Resubdivision and Variance, 6512-14 Oliver Avenue. Community Development Director Kraft presented the background information as presented in Council Letter No. 342. Mr. Kraft ex- plained that the property owner wished to subdivide the. property in half in order to sell one of the dwelling units. Mr. Gunderson, 6601 Knox Avenue, property owner, appeared and spoke on his behalf. Motion by Collins, seconded by Bunce to close the hearing. All ayes - Carried. Motion by Hassenstab, seconded by Collins to table the issue and refer it back to the city staff and the planning commission for further research. All ayes - Carried. 8. Disposition of Proper at 6244 16th Avenue and 6413 22nd Avenue and the Relocation of a Structure to 6413 22nd Avenue City Manager Nollenberger explained that the Richfield Housing and Redevelopment Authority would relocate the dwelling at 6244 16th Avenue to a vacant lot at 6413 22nd Avenue. The dwelling is to be rehabilitated through a cooperative effort between the Richfield HRA and the Hennepin County Vo-Tech Schools. After reno- vation, the house is to be sold. - Motion by Ludeman, seconded by Bunce to close the hearing. All ayes - Carried. Council Meeting Minutes -4- October 12, 1981 Motion by Ludeman, 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. 6517 RESOLUTION AUTHORIZING THE DISPOSITION OF PROPERTY AT 6244 16TH AVENUE AND 6413 22ND AVENUE AND THE RELOCATION OF A STRUCTURE TO 6413 22ND AVENUE All ayes - Carried. This resolution appears as Resolution No. 6517 ri Resolution Book No. 47. 9. Request for Street Vacation, West 74th Street and Upton Avenue. City Manager Nollenberger advised that the applicant had re- quested that this matter be continued to December 14, 1981 in order to clarify legal issues relating to-this vacation request. Motion by Hassenstab, seconded by Bunce to continue the hear- ing of the Street Vacatiom, West 74th Street and Upton Avenue to December 14, 1981. _ All ayes - Carried. 10. Amendment to Appendix C of the Ordinance Code of the City of Richfield, Minnesota, Rezoninc~of the Pro erty Generally Bounded by 66th Street, 67th Stree Lyndale Avenue and Grand Avenue. Second Reading. •City Manager Nollenberger explained that the rezoning of this =parcel from general commercial, limited business, and single family residential to planned general corunercial is necessary to facili- tate improvements on tr.e site planned by the Richfield State Agency. Larry Wozniczka, 6744 Wentworth Avenue, appeared in interest, and requested that sidewalks be installed along the southern boundary of the project, and that developers be encouraged to dis- courage traffic through residential areas. Motion by Ludeman, seconded by Collins to close the hearing. A11 ayes - Carried. Motion by Ludeman, seconded by Bunce, that this constitute a second reading of Bill 1981-21; that it be published in the official newspaper and that it be made a part of these minutes. All ayes - Carried. 11. Transitory Ordinance Providing for the Vacation of Harriet Avenue Between 66th Street and 67th Street. Second Reading. Council Meeting Minutes -5- October 12, 1981 City Manager Nollenberger explained that that this vacation was necessary to carry out the planned Richfield State Agency im- provements. Motion by Bunce, seconded by Ludeman to close the hearing. All ayes - Carried. Motion by Ludeman, seconded by Bunce to amend the ordinance to add the paragraph 2. All ayes - Carried. Motion by Ludeman, seconded by Bunce that this constitute a second reading of Bill 1981-20; that it be published in the official newspaper and that it be made a part of these minutes. All ayes - Carried. 13. Transitory Ordinance Providing for Sale of Pr~erty to the Richfield Housing and Redevelopment Authority. Second Reading. City. Manager Nollenberger explained that the property involved is being sold to the Knutson Company for development of a multi- family housing project at the southeast corner of 66th Street/Lake Shore Drive intersection. The two lots tep be sold are the Mobil Oil Property and a portion of the former Betty Crocker Pie Shop site. Both of these parcels were acquired to meet part of the right- of-way needs for the reconstruction of 66th Street. Larry Wozniczka, 6744 Wentworth Avenue, appeared'in interest. Motion by Collins, seconded by Hassenstab, to close the hear- ing. All ayes - Carried. Motion by Bunce, seconded by Ludeman, that this constitute a second reading of Bi11 1981-24; that it be published in the official newspaper and that it be made a part of these minutes. All ayes - Carried. 14. Approval of Agenda Motion by Ludeman, seconded by Hassenstab to reconsider action on agenda approval. All ayes - Carried. - Motion by Collins, seconded by Hassenstab, to remove Item 17B, Request for Off-Street Parking Permit, 2200 West 66th Street, from the Consent Calendar. All ayes - Carried. City Council Meeting Minutes -6- -October 12, 1981 15. Request for Off-Street Parking Permit, 2200 6~7est 66th Street City Manager Nollenberger explained that Mr. Thomas McKasy had applied for an off-street parking permit at 2200 West 66th Street to open an automotive electronic speciality sales and in- stallation shop. Mr. Nollenberger indicated that Mr. McKasy could provide five off-street parking spaces,- and the city staff was recommending seven off-street parking spaces be provided. Mr. McKasy appeared in his own. behalf and discussed the parking issue. Motion by Collins, seconded by Bunce that the following resol- ution be adopted; that it be spread in the resolution- book and that it be made a part of these minutes: RESOLUTION NO. 65'18 RESOLUTION APPROVING LAYOUT AND CONTRACT FOR OFF-STREET PARKING IN ACCORDANCE WITH APPLI- ' CATION NO. 81-7, CONTRACT NO. 2337 -Thomas McKasy 2016 W. 78th Street Richfield, M1V 55423 Location: 2200 West 66th Street Use: Sales and Installation-Shop All ayes - Carried. This resolution appears as Reso-lution No. 6518 in Resolution Book No. 47. 16. Resolution Establishing Procedures for Deferment of Special Assessments for Permanently Disabled Persons City Manager Nollenberger explained that the 1981 Minnesota Legislature amended the provisions of state law which permit the deferment of special assessments to provide that persons who have retired due to permanent disability may also qualify for deferment of special assessments, where it would be a hardship to make payments of such special .assessments. The previous provisions for determining hardship and applying for such a deferment have simply been extended to include persons who have retired due to permanent disability. Motion by Hassenstab, 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: Council Meeting Minutes -7- October 12, 1931 RESOLUTION NO. 6519 RESOLUTION ESTABLISHING PROCEDURES FOR. DEFERMENT OF SPECIAL ASSESSD4ENTS AGAINST OWNER OCCUPIED HOMESTEAD PROPERTIES OF PERSONS OVER SIXTY-FIVE YEARS OF AGE OR PERSONS PERMANENTLY-AND TOTALLY DISABLED All ayes - Carried. This resolution appears as Resolution No. 6519 in Resolution Book No. 47. 17. Air;~ort Planning Issues Motion by Hassenstab, seconded by Ludeman that this item be deferred to the October 26, 1981 city council meeting and that Mr. Vern Luettinger, the city's representative to D'iASAC, be invited to attend that meeting. All ayes - Carried. T~Iayor•Priebe excused himself at 10:00 p.m. and turned the. meeting over to Mayor Pro Tempore Bunce. 1$. Appointments of Members to Committee to Vdork on Redistricting City tianager Nollenberger provided background information as y contained in Council Letter No. 353. Mr. Nollenberger explained that according to Resolution No. 6477, the city council had estab- lished a seven-member committee to formulate a recommendation regarding election district boundaries, to implement tY~e city's ward systern in 1982. A4otion key F~ass~nstab, seconded by Collins to appoint the following persons to this committee: Gordon Anderson, 7501 Elliot Avenue, and Suzanne Sandahl, 7601 Bryant Avenue, to represent the DFL; Vern Luettinger, 7045 14th Avenue and Dale Erickson, 7125 15th Avenue to represent the IR; and Irene Janski, 6500 2nd Avenue to represent the League of Women Voters, and to defer appointment of the remaining two members to the October 26, 1981 city council meeting. All ayes - Carried. Absent-Priebe. 19. Relocation of Richfield Court Facility City Attorney LeFevere reviewed the Minnesota State Statutes relating to the location of municipal court. City Manager Nollenberger provided background information as contained in Council Letter No. 356, that the Hennepin County Council Meeting Minutes -8- October 12, 1981 Fourth Judicial District Court has requested that municipal court presently held in the City of Richfield Council Chambers be moved to the City of Bloomington facilities effective November 1, 1981. Motion by Ludeman, seconded by Collins that the city council approve the moving of the court facilities to Bloomington effective Povember 1, 1981 for a trial period of 45 days, and to review the matter again on December 28, 1981. All ayes - Carried. Absent - Priebe. 20. Resolution Setting Date of Hearin for Proposed Industrial Bond Issue - David P. Webb, for_ Property Located at 78th Street and 12th Avenue '~ City Manager Nollenberger explained that David P. Webb had requested the city council to set a date of public hearing for. the issuance of Industrial Development Bonds~to acquire the property at 78th Street and 12th Avenue (Robert Hall Building) in order to operate a restaurant and related facilities at this site. Motion by Hassenstab,"seconded by Ludeman, that the city council deny the request for a public hearing for this proposed bond issue. All ayes - Carried. Absent - Priebe. 21. Consent Calendar Motion by Ludeman, seconded by Hassenstab that the following items be approved: C. Purchases in Excess of $1,000 - Council Letter No. 348 Golf Course Chemicals Authorize purchase of chemicals from Turf Supply Company in the amount of $1,535.45. Irrigation Well Repair Authorize the payment of $1,265 to Electric Motor Repair for repairs to the golf course irrigation well. Water Meters Authorize the purchase of 200 Trident 10 Remote Style water meters from Davies Water Equipment Company for a total purchase price of $9,100. Fire Truck Repair Authorize the payment of $3,733.50 to MacQueen Equipment for Council Meeting Minutes -9- October 12, 1981 repair and replacement of certain parts for the city fire truck. Cha~ne e Order CP 7053 Authorize an addition in the amount of $6,022.44 to the con- tract with Hennepin County to provide for the bases of 12 lighting units between 66th Street-Grand Avenue-I35. • D. Claims and Payrolls 1 ~~ RICHFIELD BANK & TRUST Checks 75458/75806 payroll $ 188,080.98 Checks 2309/54319 general $ :613,724.15 SUMMIT STATE BANK Checks 63993/64109 $3,172,764.36 E. P~ments and Estimates Rutledge Construction, CP 767, Public Safety Building Improve- ment Project, Estimate No. 1, 9% complete - $74,180.89. All ayes - Carried. Absent - Priebe. 22. Adjournment Motion by Ludeman, seconded by Collins that the meeting adjourn. All ayes - Carried. Absent - Priebe. 10:25 p.m. Date Approved: October 26, 1981 Syl is K. Bergh City C erk e Donald J. Prie e Mayor ~~ ~ ~_ ms- Karl Nollenberger City Manager