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09-26-1977CITY OF RICHFIELD Regular Meeting September 26, 1977 The Council of the City of Richfield met in regular session in the council chambers of the city hall on Monday, September 26, 1977 at 7:00 p.m. Rev. John McMillan, St. Nicholas Episcopal Church, gave the invocation. The meeting was called to order by Mayor Loren L. Law. Present: Anderson, Jacobsen, Ludeman, Luettinger, Law 1. Minutes Motion by Ludeman, seconded by Jacobsen to approve the minutes of the regular council Lieeting of September 12 and the budget hearing of September 19, 1977. A11 ayes - Carried. 2 Request for Preliminary Approval of Plan Unit Development Rezoning of Woodlake School Site Richard Krier, Planning Director, presented the request of Architerctural Alliances, 400 Clifton Avenue, Minneapolis, for approval of a new preliminary PUD rezoning and a new preliminary plat. The developer intends to construct a high quality, moderate to high middle income multi-family housing development on the present Woodlake School site. The development will consist of 129 individually owned dwelling units. Sand,~P.itter, 312 Prospect Avenue, Minneapolis, representing the developer, reviewed the proposed project and rezoning. Anne Burkhardt, 921 Rae Drive, spoke in opposition to the use of Rae Drive as an access road for the development. Linda Anderson, 915 Rae Drive, spoke against using Rae Drive as an access. Robert Sjoquist, 1001 Rae Drive, spoke against using Rae Drive as an access road to the proposed unit. William McDonald, owner of apartment units on Rae Drive, spoke in opposition to an extended 65th Street roadway behind his apartment buildings. Council Meeting Minutes -2- September 26, 1977 Motion by Jacobsen, seconded by Luettinger to close the hearing. All ayes - Carried. Motion by Luettinger, seconded by Ludeman that this constitute a first reading of Bill 1977-22, "An Amendment to Appendix C of the Ordinance Code of the City of Richfield", that it be published in the official newspaper; and that second reading of this ordinance amendment be scheduled for October 24, 1977. PoI1 of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None. Carried. Motion by Anderson, seconded by Jacobsen to approve the preliminary plat and the preliminary PUD plan. A11 ayes - Carried. Bill No. 1977-23, Transitory Ordinance No. 16.44, "An Ordinance Providing for the Disposition of Certain Real Property of the City", was read and reviewed by city attorney, Clayton LeFevere. Motion by Ludeman, seconded by Jacobsen, that this constitute a first reading of Bill 1977-23, that it be published in the official newspaper; and that second reading of this ordinance amendment~be scheduled for October 24, 1977. Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None. Carried. 3. Final Plat Approval - 7245 Emerson Avenue South Richard Krier, Planning Director, reported that Mr. O'Hagen and his contractor have completed soil boring tests requested by the council at the September 12, 1977 city council meeting, and are therefore requesting approval o.f the final plat. City attorney, Clayton LeFevere, indicated that he had received a letter from Mr. O'Hagen's attorney indicating a willingness to save the city harmless in case of water damages to the property by means of a hold harmless agreement. The city attorney sugg-ested that the plat be approved with this stipulation and that it be written into the deed to insure that future owners of the property be made aware of the agreement. Council Meeting Minutes -3- September 26, 1977 Motion by Anderson, 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. 5792 RESOLUTION APPROVING PLAT OF O'HAGEN ADDITION Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None. Carried. This resolution appears as Resolution No. 5792 in Resolution Book No.41. 4. Approval of Specifications and Authorization to Advertise for Bids for Tennis Court Lighting 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 part of these minutes: RESOLUTION N0. 5793 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING CALL FOR BIDS FOR TENNIS COURT LIGHTING AT DONALDSON PARK AND WASHINGTON PARK CITY PROJECT N0. 703 CITY PROJECT N0. 704 Poll of votes: Ayes - Anderso n, Jacobsen, Ludeman, Luettinger, Law. Nayes - None. Carried. This resolution appears as Resolution No. 5793 in Resolution Book No. 41. 5_. Purchase in Excess of $1,000 The City Manager presented three purchase items in excess of $1,000 for council approval: Fremont Park - Landscaping work, scheduled to be completed this fall, will complete the Fremont Park redevelopment. The cost of plant materials to complete the land- scaping is $1,978.60; Taft Park - Installation of an irrigation system around the neighborhood building at Taft Park is also scheduled. Irrigation materials, to be installed by city crews, will cost $3,294.32 Council Meeting Minutes -4- September 26, 1977 Basketball Courts - Resurfacing the Madison Park and Jefferson Park basketball courts at the rate of $947.13 per site is proposed, for a total purchase of $1,894.26. Motion by Anderson, seconded by Luettinger that these purchases in excess of $1,000 be approved. All ayes - Carried. 6. Resolution Rejecting Data Processing Equipment Bids and Authorizing Negotiation_ for Lease of Equipment The City Manager advised the council that, after careful consideration of all bids submitted for a computer system, it was the recommendation of the consultant and the staff that all bids be rejected. The bids are recommended to be rejected inasmuch as none conformed with the Request for Proposal. The consultant and staff are requesting authorization to negotiate with Four-Phase Systems, Inc. to develop an agreement for lease of a computer. Motion by Anderson, seconded by Jacobsen to approve the bid minutes. All ayes - Carried. Mr. Dick Caseltine, DEC, St. Paul Park, questioned the rejection of all bids. Mr. Dewey Albers, computer consultant from Intech, Inc., reviewed the bids and his findings of the systems. Mr. Larry Stein, 8821 Crestwood Road, Bloomington, spoke in favor of rebidding. Dennis Louis, 6300 4th Avenue, spoke in favor of negotiation. Geri Christiansen, 6929 10th Avenue, asked general questions about the bidding process. 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 part of these minutes: RESOLUTION N0. 5797 RESOLUTION REJECTING PROPOSALS FOR LEASING COMPUTER SYSTEM AND AUTHORIZING NEGOTIATION Po11 of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None. Council Meeting Minutes -5- September 26, 1977 Carried. This resolution appears as Resolution No. 5797 in Resolution Book No. 41. 7_. Release of Bond on Off-Street Parking Contract, Oak Grove Lutheran Church 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. 5794 RESOLUTION RELATING TO RELEASE OF BOND ON OFF-STREET PARKING Oak Grove Lutheran Church 7001 Lyndale Avenue South Location: 7045 Augsburg Avenue South Use: Church Farking Lot Po11 of votes; Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None. Carried. This resolution appears as Resolution No. 5794 in Resolution Book No. 41. 8. Release of Off-Street Parking Bond, Condon-Naegele Realty, 1700 West 78th Street Motion by Anderson, seconded by Ludeman that the following resolution be adopted; that it be spread in the resolution book and that it be made apart of these minutes: _ __ ~ __ - RESOLUTION -CIO-: 5795 RESOLUTION RELATING TO CANCELLATION OF CONTRACT AND RELEASE OF BOND ON OFF-STREET PARKING Condon-Naegele Realty 1700 West 78th Street Location: 1400 West 77th Street Use: Restaurant with on-sale liquor Po11 of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None. Carried. This resolution appears as Resolution No. 5795 in Resolution Book No. 41. 9. Off-Street Parking Contract - 6800 Penn Avenue South The City Manager informed the cpuncil that Howard J. Olson, 7212 Oaklawn Avenue, Minneapolis, was proposing to remodel an existing building at 6800 Penn Avenue to be used as a print shop, and was requesting approval of an off-street parking contract for this business. Mr. Olson was present in behalf of his request. Council Meeting Minutes -6- September 26, 1977 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 a part of these minutes: RESOLUTION N0. 5796 RESOLUTION APPROVING LAYOUT AND CONTRACT FOR OFF-STREET PARKING IN ACCORDANCE WITH APPLICATION N0. 77-77, CONTRACT N0. 2247 ' Howard Olson 7212 Oaklawn, Minneapolis, MN Location: 6800 Penn Avenue South Use: Print Shop Clerk's File No. C-9797 Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None. Carried. This resolution appears as Resolution No. 5796 in Resolution Book No. 41. 10. License Request Motion by Luettinger, seconded by Ludeman to approve the request of Sir Waxer, Ine., 6645 Penn Avenue, to display temporary banners. All ayes - Carried. 11. Application to Move House Within Cit The City Manager informed the council that Mr. Laurel C. Stein has requested authorization to move a house from 7015 Penn Avenue to 6308 22nd Avenue. Mr. Stein presented a letter of approval from Winnifred Kearns, (C-9796) the resident of the property adjacent to where the house would be moved. The house has been inspected by the chief inspector and acting public works director and found to be structurally sound. Motion by Jacobsen,seconded by Ludeman to approve this house-moving application subject to the following stipulations as listed in Council Letter No. 299: 1. New basement and floor and reinstall basement stair to code. 2. Exterior siding in need of repair and a complete paint job. 3. New roofing to entire dwelling. 4. Repair chimney after moving dwelling. 5. Install new sash and frames in four windows (two on 2nd floor and two in north bedroom walls). Council Meeting Minutes -7- September 26, 1977 6. Knee walls in second floor to have insulation installed on attic, also ceilings to be checked and insulated if additional insulation is needed. 7. Install-new threshold in front door and cut door to clear rug in entry. 8. Install new sewer line from house to street. 9. New eave troughs (front and rear). 10. Retile upstairs floor or carpet same. 11. Replace counter tops and refinish kitchen cases, new linoleum to floor. 12. A11 interior wall defects to be repair on lower story. 13. Second floor wall paneling to be sanded, filled and refinished or painted. 14. Install deadbolt lock in front and rear entry doors. 15. Install new door handles - old glass handles are loose in setting flanges, this is throughout dwelling. 16. Several doors to be rehung in opening on door jambs to be refurbished in hinge and lock set areas. 17. Redecorate (paint or paper and refinish interior wood trim and doors) throughout dwelling. 18. Install water heater (existing two years old OK to reuse). 19. New fixtures on bath tub, install new ceramic the on wall of tub, three coarses or more in height. Replace cove edge on the back of toilet door. 20. Install new furnace and needed duct work. 21. Install new 100 amp or larger electric service and upgrade outlets to meet new dwelling codes, to include G.F.I. on outside and baths. 22. New rear door jambs. 23. New stoops and steps at each entry. 24. Submit a proper bond to cover value of work to be performed on project. 25. Secure proper permits for all work involved in project. 26. Grade and sod lot. 27. Landscape as approved by chief inspector. All ayes - Carried. Council Meeting Minutes -8- September 26, 1977 12. Public Safety Communications System Tom Morgan, Public Safety Director, reviewed the condition of the public safety communications system. Mr. Morgan observed that the system has become obsolete since it was installed in 1966, and that numerous mechanical failures have occurred in the past two years. Mr. Morgan indicated that the staff is requesting council approval to use a competent professional engineering consultant to determine needs and recommend im- provements to the current system. Public Safety Department personnel has met with Michaud, Cooley, Hallberg, Erickson & Associates, Inc., an engineering firm that has worked with other area cities on public safety communications systems. Michaud-Cooley has submitted the following quotation, based on a three-phase program: Phase I Preliminary Design Plan Consulting Fee $3,400 Phase II Detail System Design $4,200 Phase III Installation Monitoring and Final Inspection 1 Z00 Total 8 8 0 Motion by Anderson, seconded by Ludeman to authorize Phase I of the agreement with Michoud-Cooley. All ayes - Carried. 13. Approval of Architect for Christian Park Redevelopment Proiect The City Manager informed the council that the 1977/1983 Capital Improvement Program provides for the Christian Park improvement project to take place in 1977 and 1978. He requested authorization to negotiate a tentative agreement with architect Richard Schwarz and Associates to design and prepare workable drawings and specifications for a new park shelter and with James Robin, landscape architect, to prepare designs and specifications for the site work. Motion by Jacobsen, seconded by Anderson to authorize negotiation of tentative agreements with these architects for design and specification work related to the Christian Park redevelopment project. Council Meeting Minutes -9- September 26, 1977 A11 ayes - Carried. Council recessed at 10:30 p.m. to conduct the HRA meeting and reconvened at 11:05 p.m. 14. Certification of Delinquent Sewer and Water Utilities Accounts Motion by Anderson, seconded by Jacobsen that the following resolutions be adopted; that they be spread in the resolution book and that they be made a part of these minutes; RESOLUTION N0. 5798 RESOLUTION CERTIFYING UNPAID SEWER SERVICE CHARGES TO THE COUNTY AUDITOR TO BE COLLECTED WITH OTHER TAXES ON SAID PROPERTIES RESOLUTION N0. 5799 RESOLUTION CERTIFYING UNPAID WATER SERVICE CHARGES TO THE COUNTY AUDITOR TO BE COLLECTED WITH OTHER TAXES ON SAID PROPERTIES Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None. Carried. These resolutions appear as Resolutions Numbers 5798 and 5799 in Resolution Book No. 41. 15. Work Program for Amending the City Wide Comprehensive Plan; Authorization to Submit Grant Application Richard Krier, Planning Director, informed the council that the state legislature in 1976, passed the Metropolitan Land Planning Act, which provides that each community in the metropolitan region must complete or amend an existing comprehensive plan by July, 1980. Lawrence Wozniczka, 6744 Wentworth, made comments suggesting additional areas that could be addressed in the Comprehensive Plan. The council observed that the proposed work program allows for citizens' participation, in suggesting additions or modifications to the plan. Motion by Anderson, seconded by Luettinger to approve the work program and authorize submission of an application for the Planning Assistance Grant. All ayes - Carried. Council Meeting Minutes. -10- September 26, 1977 16. Resolution Requesting County Support for Wood Lake Nature Center Motion by Luettinger, seconded by Jacobsen 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. 5800 RESOLUTION REQUESTING THE HENNEPIN COUNTY BOARD TO PROVIDE OPERATING SUPPORT TO THE WOOD LAKE NATURE CENTER Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None. Carried. This resolution appears as Resolution No. 5800 in Resolution Book No. 41. 17. Payments and Estimates Motion by Jacobsen, seconded by Luettinger that the following payments and estimates be approved: Hayes Contractors, Inc., Estimate No. 2 and Final, CP_702, Contract No. 2236, swimming pool repairs, 100% complete - $624.00 Burg and Carlson, Inc., Estimate No. 1 and Final, CP 665, Contract No. 2234, asphalt work at Fremont Park, 100% complete - $2,665.00 W & G Rehbein Bros., Estimate No. 5 and Final, CP 674, Contract No. 2215, turf establishment - Area 10, 100% complete - $3,329.28 All ayes - Carried. 18. Claims and Payrolls Motion by Luettinger, seconded by Ludeman that the following claims and payrolls be approved: RICHFIELD BANK AND TRUST Checks 20734/32042 $1,803,973.57 SUMMIT STATE BANK Checks 23661/25637 General $ 934,972.34 Checks 23666/25612 Payroll $ 134,669.89 All ayes - Carried. Council Meeting Minutes -11- September 26, 1977 19. Licenses Motion by Jacobsen, seconded by Anderson that the following licenses be approved: Taxicab Drivers Renewal Robert Allen, 2914 Columbus New Paul D. Brown, 10334 Morris Road New John C. Evenson, 2i0 St. West Box 130 New Gregory H. Haroldson, 8519 4th Avenue New Gerald M. Hedin, 1945 W. Old Shakopee Road Renewal Robert F. Hindrichs, 14375 Valley View Road, ~~C New Janell M. McCarty, 6444 Cedar Avenue New Karen Nelson, 6444 Cedar Avenue New Debra Raasch, 5555 41st Avenue New George Shutcs, 3322 Stevens New Jan Smith, 6801 13th Avenue New Richard M. Swenson, 6620 Irving Liquor Dispensing Employee New Molly T. Cleary, 2901 W. 96th Street Renewal Catherine M. Fleming, 6715 Nicollet New David A. Jaeger, 1630 So. 6th Street New Faith M. Jaeger, 1630 So. 6th. Street Regular Renewal Lee Wards, 7737 Nicollet Avenue Vending machine Renewal Richfield Lanes, 6449 Lyndale Avenue Food consumption on '. premises, food vehicle, vending machines, cigarette ~, Permits Temporary Larry Shubert Advertising, 1900 W. 78th Street Searchlight 20. Initiation of Zoning Amendment Shopping Center Superblock (Not on Agenda) Richard Krier, Planning Director, presented a request of United National Corporation, New York, and Penny's Supermarkets for the council to initiate rezoning preocedures which would permit consideration of a proposed commercial planned unit development project. The requested rezoning is from Commercial to Planned Commercial. Mr. Krier recommended that the city council initiate the rezoning procedures by referring this request to the planning commission for their consideration. Lawrence Wozniczka, 6744 Wentworth, asked questions regarding the proposed setback lines in the area. Motion by Ludeman, seconded by Jacobsen that the following resolution be Council Meeting Minutes -12- September 26, 1977 adopted; that it be spread in the resolution book and that it be made a part of these minutes: RESOLUTION N0. 5801 RESOLUTION RELATING TO THE INITIATION OF ZONING AMENDMENT PROCEDURES TO ALLOW FOR A REZONING REQUEST OF THE LAND KNOWN AS THE HUB PENNY SUPERBLOCK Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None, Carried. This resolution appears as. Resolution No. 580 in Resolution Book No. 41. 21. Discussion The city attorney discussed recent litigation concerning Nelson's Restaurant. 22. Adjournment Motion by Anderson, seconded byJacobsen that the meeting adjourn. All ayes - Carried. Time: 11:46 p.m. Date Approved: October 11, 1977 Loren L. Law ay r ~~ S. Thomas J. Mor City Clerk Wayne S. Burggra City Manager C~