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01-23-1978 CITY OF RICHFIELD Regular Meeting January 23, 1978 The Council of the City of Richfield met in regular session in the council chambers of the city hall on Monday, January 23, 1978, at 7:00 p.m. Councilman Jacobsen gave the invocation. The meeting was called to order by Mayor Loren L. Law. Present: Anderson, Jacobsen, Ludeman, Luettinger, Law 1. Minutes Motion by Luettinger, seconded by Ludeman that the minutes of the January 9, 1978 city council meeting be approved as presented. All ayes - Carried. 2 Request for Rezoning, 7344 Cedar Avenue The city manager reviewed the hearing action on this rezoning request which had occurred December 12, 1977. Richard Krier, planning director, reviewed the proposed zoning change from residential (R) and multi-residential (MR) to neighborhood business (C-1) as explained further in Council Letter No. 19. William F. Krebes, 4700 Girard, realtor and owner of an apartment building in the area, expressed concern about the type of business that would be going in the rezoned location. Motion by Anderson, seconded by Jacobsen to close the hearing. A11 ayes - Carried. Bill 1978-5, "An Amendment to Appendix C of the Ordinance Code of the ~~ City of Richfield, Minnesota", defining the boundaries of the various zoning districts 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-9811) Motion by Ludeman, seconded by Jacobsen that this constitute a first Council Meeting Minutes -2- January 23, 1978 reading of Bill 1978-5; that it be published in the official newspaper and that second reading of this ordinance amendment be scheduled for February 13, 1978. Po11 of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None. Carried. 3. Appeal of Fire Inspection Notice The city manager reported that a letter had been received from the Canteen Company, 6310 Penn Avenue, withdrawing their request for appeal and indicating their willingness to install fire protection equipment in conformance with city ordinance within 120 days. Motion by Anderson, seconded by Jacobsen to accept the withdrawal of the appeal contingent upon the installation of the fire prevention sprinkling system within 120 days in accordance with the statement in the letter. All ayes - Carried. Councilman Luettinger asked why the situation had been allowed to be z delayed for such a long time. The city manager replied that he did not have all the facts present at that moment and indicated he would send a report to the council on it. 4. Amendment to the Cit Ordinance Regarding Displa of Magazines The city attorney read and reviewed Bill 1978-6, "An Amendment to Chapter X, Part III of the Ordinance Code of the City of Richfield", the same being on file in the office of the city clerk. (C-9812) The following individuals appeared and spoke in reference to the proposed ordinance: Harold Weinrich, 6645 Nicollet William R. South, 7621 Vincent Margaret Squires, 7615 Vincent Mrs. Joan Mousel, 7625 Morgan William A. Bjornstad, 7008 - 4th Avenue Mark Mandell, 7126 - 10th Avenue Shirley Fowler, 6916 Penn Avenue Council Meeting Minutes -3- January 23, 1978 Motion by Anderson, seconded by Ludeman to close the hearing. All ayes - Carried. Some individuals who spoke wanted a provision that completely prevented display of the material defined by the proposed ordinance. The city attorney indicated that he did not believe this to be possible inasmuch as the pro- hibition in the ordinance was limited to minors and not those 18 years of age or older. He indicated he had a responsibility to limit his ordinance proposal to one which could reasonably expect to be upheld if subject to challenge. The city attorney did indicate a willingness to research the matter further and discuss it with any interested parties prior to second reading consideration. Motion by Ludeman, seconded by Luettinger that this constitute a first reading of Bill 1978-6; that it be published in the official newspaper and that second reading of this ordinance amendment be scheduled for February 27, 1978. Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None. Carried. Joe Eartman, 7533 - 3rd Avenue, spoke of his concern about the image of Richfield and suggested emphasizing the positive aspects of the city. 5. Authorization to Request Bids for Sidewalk Snowplow The city manager recommended authorization to advertise for bids for a sidewalk snowplow as described in Council Letter No. 16. Motion by Anderson, seconded by Jacobsen to authorize the advertisement for bids for a sidewalk snowplow. All ayes - Carried. 6. Approval of Purchase of Services Agreement with Storefront/Youth Action, Inc. for 1978 The city manager recommended approval of a new agreement with The Store- front/Youth Action, Inc. as described in Council Letter No. 17. Council Meeting Minutes -4- January 23, 1978 Motion by Anderson, seconded by Jacobsen to authorize the 1978 purchase of service agreement with The Storefront/Youth Action, Inc. All ayes - Carried. 7. Approval of Purchases in Excess of $1,000 The city manager recommended council approval of two purchases in excess of $1,000; the purchase of fertilizer in the amount of $1,040.20, and the purchase of scanning radio monitors in the amount of $3,650.10. Motion by Jacobsen, seconded by Luettinger to approve the purchase of fertilizer in the amount of $1,040.20. All ayes - Carried. Motion by Anderson, seconded by Jacobsen to approve the purchase of public safety radio equipment in the amount not to exceed $3,650.10. All ayes - Carried. 8. Approval of Minutes and Award of Contract for Lime Sludge Removal The city manager reviewed the bids received for the removal of lime sludge at the water treatment plant which are reported in detail in Council Letter No. 29. He reported the low bid was submitted by Central Landscaping Company in the amount of $3.95 per cubic yard, plus land fill user fees, and that the approximate total cost of the project would be $47,600. Motion by Anderson, seconded by Jacobsen to approve the bid minutes. All ayes - Carried. Motion by Ludeman, seconded by Luettinger to approve the manager's recom- mendation and award the contract for lime sludge removal to Central Landscaping Company. All ayes - Carried. Council Meeting Minutes -5- January 23, 1978 9. Commission Appointments Motion by Luettinger, seconded by Jacobsen to defer appointments to the Planning Commission to the next council meeting. A11 ayes - Carried. Park and Recreation Advisory Commission Motion by Ludeman, seconded by Jacobsen that the following two youth applicants be appointed to serve on the Park and Recreation Advisory Commission for a term of 3 years: E. Wayne Donaho, 6949 Blaisdell Avenue Scott F. Swanson, 6739 - 13th Avenue All ayes - Carried. Motion by Luettinger, seconded by Jacobsen to defer other appointments to the Park and Recreation Advisory Commission to the next council meeting.- All ayes•-- Carried. Senior Citizen/Handicapped Commission Motion by Ludeman, seconded by Anderson to appoint Inger J. Palm to the Senior Citizen/Handicapped Commission for a 3 year term. All ayes - Carried. Advisory Board of Health Motion by Anderson, seconded by Luettinger that the following individuals be reappointed to serve on the Advisory Board of Health: Robert Lien, 7001 - 15th Avenue, 2 year term William Siemers, 2904 W. 71st Street, 2 year term Mildred Stake, 7020 Park Avenue, 2 year term Dr. W. H. Bittick, 702 Medical Arts, 1 year term Kathryn Dahlgren, 6917 Chicago, 2 year term Mary Jane Stern, 6625 Newton, 2 year term All ayes - Carried. Motion by Anderson, seconded by Luettinger to appoint Helen L. Cummings, 6301 Lyndale Avenue, to serve a 1 year term on the Advisory Board of Health. Council Meeting Minutes -6- January 23, 1978 All ayes - Carried. Motion by Jacobsen, seconded by Ludeman to appoint A. P. Anderson and Joyce Wilde as ex-officio members to the Advisory Board of Health. All ayes - Carried. Human Rights Commission Motion by Jacobsen, seconded by Luettinger to defer the appointment to the Human Rights Commission. All ayes - Carried. ' MASAC Mr. and Mrs. Robert Christensen, 6929 - 10th Avenue, appeared and both expressed an interest in Mr. Christensen's receiving the reappointment to alternate to MASAC. Motion by Anderson, seconded by Jacobsen to defer the MASAC appointment. All ayes - Carried. 10. Authorization to Initiate Eminent Domain Proceedin s The city attorney reviewed the negotiations that have taken place with United National Corporation, owner of the Hub, to obtain easements for utility construction and necessary improvements on the street and sidewalks. He re- ported that although United National Corporation has agreed in principle to grant these easements, there have been delays. Time is critical because the city needs the easements before the scheduled construction date of April 1, 1978. He recommended that the city council authorize the city manager to initiate eminent domain proceedings as indicated in Council Letter No. 26. Mr. Ron Blake, United National Corporation, expressed the hope that the 1 easements would be forthcoming from New York within a week or ten days. Council Meeting Minutes -7- January 23, 1978 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. 5858 ' RESOLUTION AUTHORIZING ACQUISITION OF CERTAIN REAL PROPERTY BY EMINENT DOMAIN PROCEEDINGS (Hub Property - Adjacent to Nicollet Avenue) Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None. Carried. This resolution appears as Resolution No. 5858 in Resolution Book No. 41. Council recessed at 9:35 p.m. to conduct the HRA meeting and reconvened at 10:10 p.m. 11. Authorization to Submit Final Grant Applications The city manager reviewed the status of preliminary grant applications for improvements at Wood Lake Nature Center and Taft Park, as reported in Council Letter No. 27. He recommended that the council adopt the necessary resolutions authorizing submission of final grant applications for these projects. 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. 5854 RESOLUTION AUTHORIZING FILING OF APPLICATION FOR GRANT TO DEVELOP OPEN SPACE UNDER THE PROVISION OF THE FEDERAL. LAND AND WATER CONSERVATION FUND ACT AND THE STATE NATURAL RESOURCE FUND RESOLUTION N0. 5855 RESOLUTION AUTHORIZING FILING OF APPLICATION FOR GRANT TO DEVELOP OPEN SPACE UNDER THE PROVISION OF THE STATE NATURAL RESOURCE FUND Council Meeting Minutes -8- January 23, 1978 RESOLUTION N0. 5856 RESOLUTION REAFFIRMING THE WOOD LAKE NATURE CENTER AS PART OF THE CITY OF RICHFIELD LONG RANGE CAPITAL IMPROVEMENT PROGRAM RESOLUTION N0. 5857 RESOLUTION REAFFIRMING TAFT PARK AS PART OF THE CITY OF RICHFIELD LONG RANGE CAPITAL IlKPROVEMENT PROGRAM Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None.- Carried. These resolutions appear as Resolutions Numbers 5854 through 5857 in Resolution Book No. 41. 1.2_. Authorization to Negotiate Tentative Agreement with Golf Course Architect The city manager reviewed the negotiations that have taken place to obtain a lease for MAC to build a golf course as described in Council Letter No. 24. The city manager recommended that the city council authorize interviews, selection and preparation of a tentative agreement with a qualified golf course architect. Motion by Ludeman, seconded by Luettinger to authorize the city manager to interview qualified golf course architects and make a recommendation to the city council on the selection and tentative agreement for such an architect. All ayes - Carried. Motion by Law, seconded by Ludeman to direct the administration to prepare a tentative golf course project timetable. All ayes - Carried. The city manager reported that he would update the schedule previously submitted to the city council and transmit it within the next two weeks. Motion by Ludeman, seconded by Luettinger to direct the administration to develop policy guidelines for a golf advisory committee. All ayes - Carried. Council Meeting Minutes -9- January 23, 1978 13. Authorization to Enter Into Membership With LOGIS The city manager recommended council approval of a joint powers agreement with LOGIS to perform utility billing services for the city as explained further in Council Letter No. 23. Motion by Jacobsen, 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. 5853 A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO SECURE LOCAL GOVERNMENT INFORMATION SYSTEMS (LOGIS) AND APPOINTMENT OF THE CITY MANAGER AS DIRECTOR AND THE FINANCE DIltECTOR AS ALTERNATE DIRECTOR Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None. Carried. This resolution appears as Resolution No. 5853 in Resolution Book No. 41. 14. Request for Moratoriums on Position Vacancies The city manager recommended the city council lift the moratorium on hiring to permit the filling of four full time vacancies in the city staff as listed in Council Letter No. 20. Motion by Luettinger, seconded by Jacobsen to approve the filling of these vacancies. All ayes - Carried. 15. 1978 Contingency Fund Transfer~Resolution 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. 5859 RESOLUTION AUTHORIZING TRANSFER OF APPROPRIATIONS FROM THE 1978 CONTINGENCY ACCOUNT TO VARIOUS.DEPARTMENTS r ,. . _ .. t . .- .. Council Meeting Minutes -10- January 23, 1978 Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None. Carried. This resolution appears as Resolution No. 5859 in Resolution Book No. 41. 16. Transfers from 1978 General Fund Budget to Special Pro'ect Funds The city manager informed the council the city had received special funding through CETA for two special projects, a community outreach program and a special educational program at the Wood Lake Nature Center, and he re- quested approval of the necessary resolution providing for a transfer of appropriations from the 1978 General Fund Contingency budget to the special project accounts for these two CETA projects. 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. 5860 RESOLUTION OF TRANSFERANCE FROM THE 1978 CONTINGENCY OF THE GENERAL FUND TO THE UNALLOCATED TRANSFER OUT ACCOUNT Po11 of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None. Carried. This resolution appears as Resolution No. 5860 in Resolution Book No. 41. 17. Claims and Payrolls Motion by Luettinger, seconded by Anderson that the following claims and payrolls be approved: SUMMIT STATE BANK Checks 35805/35829 General $2,391,525.26 Checks 36938/37256 Payroll 160,421.17 RICHFIELD BANK AND TRUST Checks 30876/33562 394,211.84 All ayes - Carried. Council Meeting Minutes -11- January 23, 1978 18. Licenses Motion by Ludeman, seconded by Jacobsen that the following licenses be approved: Fee Waived New Church of St. Richard, 7540 Penn On sale beer license One day only, January 28-Church Dance and tavern license New Holy Angels, 66th and Nicollet Soft drink Renewal Warming Houses at Augsburg, Roosevelt, Vending machine Donaldson and Taft Parks Regular Renewal Gross's Hub Bake Shop, 6 W. 66th Street Food, vending machine Renewal Tom Thumb, 7600 Knox Ice mach., soft drink, cig., off-sale beer, food Renewal Los Bravos Food, soft drink Renewal Lindahl Olds, 1900 W. 78th Street Food, soft drink Renewal Country Kitchen, 6531 Lyndale Food, soft drink, cig. Renewal LaBelle's, 7701 Nicollet Vend. mach., comm. incinerator New Prudential Insurance, 1600 E. 78th Street Vend, mach., cigarette New Walser Buick, 2100 W. 78th Street Vend. mach., cigarette Renewal Clark Super 100, 200 West 66th Street Ice mach., soft drink, cig. Renewal Maxim's Beauty Salon, 44 W. 66th Street Soft drink Renewal Cliff's Apco Station, 6501 Lyndale Vend. mach., soft drink, Cigarette Renewal Union 76, 6601 Portland Soft drink New Dollar Rent A Car, 616 - 78th Street Soft drink Renewal Suburban Yellow Cab, 6405 Cedar Avenue Soft drink Renewal Star Auto Parts, 6700 Lyndale Soft drink Renewal Richfield Funds, 6210 Thomas Food, food vehicle Renewal Korner Plaza, 66 W. 66th Street Vending machines Renewal Richfield Post Office, 825 W. 65th Street Vend. mach., soft drink, Cigarette Renewal Chatterbox Salon, 1922 W. 78th Street Soft drink Renewal Morrow Auto Spec., 6445 Cedar Cig., soft drink, vend. Machine Renewal Fas Gas ~~97, 6744 Penn Soft drink, cig., ice Mach., food vend. mach. Renewal Broadway Pizza, 7514 Lyndale Music box Renewal Mister Pizza, 6700 Penn Music box Renewal Lil General, 7701 Portland Off-sale beer, coin operated Amusement machine Renewal Lil General, 7529 Lyndale Off-sale beer,-coin operated Amusement machine Renewal Belt Line Bar, 1918 W. 78th Street Music box, amuse. mach. On and off-sale beer Renewal Superamerica, 826 W. 66th Street Off-sale beer Renewal Lariat Lanes, 6320 Penn On and off-sale beer, coin Operated amuse. mach. Council Meeting Minutes Licenses (Continued) Taxicab Drivers -12- Renewal Glen K. Thorne, 6443 - 20th Avenue New Wallace Berthiaume, 8726 - 4th Avenue New Denis Leigh, 3320 - 16th Avenue Renewal Deborah Bruns, 1638 Hampshire Avenue Renewal James LeTouracne, 55 W. Old Highway 8 New Michael Farne11, 9624 Utica Avenue New Paul Larson, 650 Fillmore St. N.E. New Lloyd J. Deland, 3224 Hillridge Renewal Timothy Y. Eaton, 2612 Toledo Avenue Renewal David Mersky, 3412 Oakridge Road Renewal Thomas Denardo, 1393 Valley View Road New Scott C. Andrews, 7005 W. Lake Street Renewal Robert Dankersgoed, 87 Riverwood Lane Renewal Robert Pace, 25 Sunnyridge Lane . Renewal Steven Vaurid, 1708 W. 80th Street New Gordon Bruce, 6720 Galway Drive Renewal Terry Pahl, 7444 Cedar Avenue New Daniel Barrick, 6733 Cedar Avenue Stephen Echer, 4200 Oakland Avenue 'New Greg Barth, 2909 W. 70th Street New Jerome Femrite, 6701 - 13th Avenue New Bruce Stein, 6528 Cedar Avenue Renewal Valerie Laehn, 3224 Diamond 8 Terrace New Hilman Sveen, 289 E. Curtice Street New Gary Canfield, 7627 Nicollet Avenue All ayes - Carried. January 23, 1978 19. Lyndale Improvement L/H N Protect Advertisement for Public Hearin The city manager advised the council that the Federal Aid Urban Program requires the city to hold a hearing for projects designated for improvement with federal funds. He said the city wishes to utilize these funds for improving Lyndale Avenue and recommended council approval of advertisement for a public hearing. Motion by Anderson, seconded by. Jacobsen to publish the required adver- tisement in the official newspaper for a public hearing on March 13, 1978. All ayes - Carried. Council Meeting Minutes -13- January 23, 1978 20. Discussion Items (Not on Agenda) The city manager reported to the council that the city had received approval of a CETA Title III Grant for $160,000 and requested council authorization for the mayor and city manager to execute the grant agreement. Motion by Jacobsen, seconded by Luettinger to direct the mayor and the city manager to execute the agreement. All ayes - Carried. The council discussed a joint meeting with the school board and it was agreed this board meeting would occur on February 6, 1978 at 5:30 p.m. at the high school. The city clerk indicated he would publish a notice of this meeting. The city manager reported that the district court had ruled against the city in its binding arbitration law suit. The city manager recommended that this decision be appealed to the state supreme court. He indicated that a number of municipalities and the League of Minnesota Cities were interested. in the outcome of this appeal and would be joining Richfield in the case. Motion by Luettinger, seconded by Jacobsen to authorize the city attorney to appeal the district court decision on binding arbitration. Poll of votes: Ayes - Anderson, Jacobsen, Luettinger, Law. Nayes - Ludeman. Carried. 21. Adjournment Motion by Anderson, seconded by Jacobsen that the meeting adjourn. All ayes - Carried. Time: 11:05 p.m. Date Approved; February 13, 1978 Thomas J. an City Clerk en L. Law S. Wayne S. Burggra City Manager