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02-13-1978CITY OF RICHFIELD Regular Meeting February 13, 1978 The Council of the City of Richfield met in regular session in the council chambers of the city hall on Monday; February 13, 1978, at 7:00 p.m. The invocation was given by Councilman Ludeman. The meeting was called to order by Council President Pro Tempore Anderson. Present: Anderson, Jacobsen, Ludeman, Luettinger Absent: Law 1. Minutes Motion by Jacobsen, seconded by Ludeman that the minutes of the special council meeting of January 4, and the regular council meeting of January 23, 1978 be approved as submitted. All ayes - Carried. Absent - Law. 2. Request for Off-Street Parking and Release of Bond on Off-Street Parking Contract The city manager reviewed the history of Lindahl Oldsmobile's September, 1976 off-street parking contract which they have with the city as outlined in Council Letter No. 42. He recommended -that the city council, consistent with past practices, not release the off-street parking contract performance bond inasmuch as Lindahl Olds has not complied with all the provisions of the contract. 2A. Request for Special Use Permit, Lindahl Olds Richard Krier, planning director, reviewed the request of Lindahl Olds for a special use permit and off-street parking contract to allow the operation of a garage and. car sales lot as outlined in detail in Council Letter No. 41. Mr. John Prueter, 7700 Logan Avenue, attorney for Lindahl Olds, spoke in favor of the issuance of the special use permit. He said he was not aware of the problems with the September, 1976 off-street parking contract. Council Meeting Minutes -2- February 13, 1978 Motion by Luettinger, seconded by Ludeman to defer consideration of the request for release of the September, 1976 off-street parking contract bond to the March 13, 1978 council meeting. All ayes - Carried. Absent - Law. Motion by Jacobsen, seconded by Ludeman to close the hearing. All ayes - Carried. Motion by Ludeman, seconded by Jacobsen to approve the issuance of a special use permit for the operation of a public garage and car sales lot in accordance with municipal code provisions for such permits. All ayes - Carried. Absent - Law. 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. 5861 RESOLUTION APPROVING LAYOUT AND CONTRACT FOR OFF-STREET PARKING IN ACCORDANCE WITH APPLICATION N0. 78-2 CONTRACT N0. 2258 Lindahl Oldsmobile 1900 West 78th Street Location: 1918-24 W. 78th and 7745 Morgan Use: Public Garage and Car Sales Lot Clerk's File No. C-9813 Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger. Nayes - None. Absent - Law. Carried. This resolution appears as Resolution No. 5861 in Resolution Book No. 41. 3 Rezoning Request, 7344 Cedar Avenue. Second Reading. Bi11 1978-5, "An Amendment to Appendix C of the Ordinance Code of the City of Richfield, Minnesota", relating to 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) Council Meeting Minutes -3- February 13, 1978 Mr. Robert A. Williams, the applicant, appeared in support of this rezoning request.. Motion by Ludeman, seconded by Jacobsen to-close the hearing. All ayes - Carried. Absent - Law. Motion by Ludeman, seconded by Jacobsen that this constitute a second reading of Bi11 1978-5; that it be published in the official newspaper and that it be made a part of these minutes. Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger. Nayes - None. Absent - Law. Carried. 4. Ordinance Amendment to the City Ordinance Code Relating to Special Use Permits. Second Reading. Bill 1978-1, "An Amendment to Chapter III, Part IV of the Ordinance Code of the City of Richfield", was read and reviewed by the city attorney, the same being on file in the office of the city cle k. (C-9807) Motion by Luettinger, seconded by Jacobsen to close the hearing. A11 ayes - Carried. Absent - Law. Motion by Luettinger, seconded by Ludeman that this constitute a second reading of Bi11 1978-1; that it be published in the official newspaper and that it be made a part of these minutes. Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger. Nayes - None. Absent - Law. Carried. 5. Transitory Ordinance Providing for Expenditure of Money from the Special Revenue Fund for Park Acquisition and Betterment. Second Reading. Bill 1978-3, "Transitory Ordinance No. 16.45, an Ordinance Providing for the Expenditure of Money from the Special Revenue Fund for Park Acquisition and Betterment", was read and reviewed by the city manager, the same being on file in the office of the city clerk. (C-9809) Motion by Jacobsen, seconded by Luettinger to close the hearing. All ayes - Carried. Absent - Law. Council Meeting Minutes -4- February 13, 1978 Motion by Ludeman, seconded by Luettinger that this constitute a second reading of Bi11 1978-3; that it be published in the official newspaper and that it be made a part of these minutes. Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger. Nayes - None. Absent - Law. Carried. 6. Ordinance Amendment Relating to Saunas. Second Reading. Bill 1978-2, "An Amendment to Chapter V, Part II, Section 5.25 of the Ordinance Code of the City of Richfield, Minnesota", regulating and providing for the licensing of sauna establishments, was read and reviewed by the city attorney, the same being on file in the office of the city clerk. (C-9808) Motion by Jacobsen, seconded by Luettinger to close the hearing. All ayes - Carried. Absent - Law. Motion by Luettinger, seconded by Jacobsen that this constitute a second reading of Bill 1978-2; that it be published in the official newspaper and that it be made a part of these minutes. Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger. Nayes - None. Absent - Law. Carried. 7. Purchases in Excess of $1,000 The city manager recommended the city council authorize two purchases in excess of $1,000 as outlined in Council Letter No. 40; the purchase of two 3/4 ton pickup trucks as replacements in the amount of $14,157.40, and a power paper cutter as a replacement in the amount of $3,272. Motion by Jacobsen, seconded by Ludeman to approve the manager's recommendation and authorize the two purchases in excess of $1,000. All ayes - Carried. Absent - Law. Council Meeting Minutes -5- February 13, 1978 8. Approval of Agreement for Comprehensive Planning Assistance Grant The city manager informed the city council that, as authorized by the council in September 26, 1977, the staff had submitted an application to the Metropolitan Council for a Planning Assistance Grant, as explained further in Council Letter No. 37. He stated that on December 8, 1977, the Metropolitan Council approved a grant in the amount of $6,079 and recommended the city council authorization for execution of the agreement for the grant. Motion by Jacobsen, seconded by Ludeman to authorize the city manager and council president pro tempore to execute this agreement with the Metropolitan Council. All ayes - Carried. Absent - Law. 9. Receipt of Letter of Understanding from United National Corporation Concerning Easements and Street Vacations for L/H/N Public Improvements The city manager read a letter received from United National Corporation of New York (C-9814) which conveyed their intent to dedicate these easements by February 27, 1978. The city manager indicated that if we did not get the final easements by the 27th of February, he will recommend the council order preliminary plans for an alternate design on the existing 65th Street. Mr. Dave Nelson of Nelson's Restaurant, encouraged the council to take the alternate action as soon as possible, preferably at this meeting. He predicted that United National Corporation would not meet their commitment. Motion by Jacobsen, seconded by Luettinger to accept the letter of intent from United National Corporation. All ayes - Carried. Absent - Law. 10. Conveyance of Land to Hennepin County The city manager informed the council of the possible conveyance of residue highway land to Hennepin County. The property includes three parcels located at ' Council Meeting Minutes -6- February 13, 1978 6204 Morgan Avenue, 6209 12th Avenue, and 6204 Vincent Avenue, and is described in detail in Council Letter No. 36. Motion by Jacobsen, seconded by Ludeman to refer consideration of this matter to the planning commission. All ayes - Carried. Absent - Law. The council requested the planning commission to explore the intended uses of this land and expressed the concern that the size of the parcels could make it inadvisable to build on the lots. 11. Community Development Block Grant Year II Transfer of Funds The city manager requested approval of the city council to transfer monies from the Year II Community Development Block Grant Program administration budget to the Year II construction budget as outlined in Council Letter No. 32. Motion by Jacobsen, seconded by Luett'Inger to authorize the reallocation of $250 from the Year II Community Development grant administration appropriations to CD Project 26 (Community Center II), and reallocation of $650 from the ad- ministration appropriation to CD Project 29 (park development). All ayes - Carried. Absent - Law. 12. Commission Appointments The council made the following advisory commissions appointments: MASAC Motion by Ludeman, seconded by Luettinger to appoint Robert Canfield, 7520 - 3rd Avenue, as an alternate representative. All ayes - Carried. Absent - Law. Planning Commission Motion by Luettinger,~seconded by Jacobsen to appoint Ernest Lindstrom, 7406 Fremont, to a term of three years. All ayes - Carried. Absent- Law. 1 ' Council Meeting Minutes - 7- February 13, 1978 Park and Recreation Commission Motion by Luettinger, seconded by Jacobsen to appoint the following individuals to serve a three year term: Caren Canfield, 7520 - 3rd Avenue Lew Workman, 6408 Newton Avenue Richard Holmberg, 12 West 70th Street All ayes - Carried. Absent - Law. Senior Citizen/Advisory Commission Motion by Ludeman, seconded by Jacobsen to appoint Muriel Grundiz, 6715 Elliot Avenue, for a term of three years. A11 ayes - Carried. Absent - Law. Advisory Board of Health Motion by Luettinger, seconded by Jacobsen to appoint Dr. I. L. Mitby, 7634 Lyndale Avenue, to serve a one year term. A11 ayes - Carried. Human Rights Commission Motion by Jacobsen, seconded by Ludeman to appoint Diane Olson, 7532 Fremont Avenue, to serve an adult term of three years. A11 ayes - Carried. Civic Marker Motion by Ludeman, seconded by Luettinger, to appoint Gertrude Ulrich, 7601 Aldrich Avenue, to serve as co-chairman. AlI ayes - Carried. Absent - Law. The council expressed their appreciation for the work performed by -retiring advisory commission members. 13. Payments and Estimates Motion by Jacobsen, seconded by Luettinger that the following payments and estimates be approved: . Council Meeting Minutes -8- February 13, 1978 Electric Repair and Construction Co., Estimate ~kl, Contract No. 2251. -City Project ~~703 and ~~704. Tennis court lighting and Donaldson and Washington Parks - $29,286. Lee Richert Plumbing and Heating Co., Estimate ~~3, 81% complete, Contract No. 2244, City Project ~~695, Well ~~7, pump and piping and appurtenant work - $25,176.33. All ayes - Carried. 14. Licenses Motion by Luettinger, seconded by Jacobsen that the following licenses be approved: Regular Renewal American Intl. Rent-a-Car, 1400 E. 78 St. Used motor vehicles Renewal American Legion, 6501 Portland Food establishment, vending machine, soft drink, cig., Bingo, liquor, club, coin Renewal I Astleford Equipment Co., 400 W. 78t`h St. op. music box, amuse, h. Used, new motor vehicl Renewal Big Mike's Submarine Shoppe, 6500 Tyndale Food establishment, so drink, cigarette Renewal Bill's Cherokee Service, 1217 E. 66th St. Vending machine, cigarette Renewal Budget Inn, 7640 Cedar Motel, ice machine Renewal Burger King, 140 E. 78th St. Ice machine, food estab., soft drink, cigarette Renewal 3M Bus,iness Products, 1620 E. 78th St. Vending machines Renewal Cedar Avenue She11, 6600 Cedar Vending machine, cigarette, soft drink Renewal Colonial Lodge Motel, 7745 Lyndale Motel, soft drink Renewal Cookie Jar Bakery, 6532 Penn Food vehicle Renewal Donut Shop, 6405 Lyndale Food establishment, addn'1. food, fleet, soft drink, cigarette Renewal Executive Travel, 7614 Lyndale Soft drink Renewal Gopher Cab Co., 6958 Cedar Taxicab Renewal Hobbycraft House, 6238 Lyndale Soft drink Renewal Hub Hobby Center, 16 W. 66th St. Soft drink Renewal J & L Investment Co., 6b01 Bloomington Car wash Renewal Kenny's Yamaha, 6520 Lyndale Motor bike sales Renewal LaBelle's, 7701 Nicollet Vending machine, soft Renewal Lyndale Laundromat, 6610 Lyndale drink, cigarette Vending machine, soft drink, cigarette Renewal 0. W. Mantheit & Son, 2624 14th Avenue Refuse hauling Renewal Pizza Garden, 6449 Lyndale Fleet Renewal Richfield Ice Arena, 636 E. 66th St. Vending machines, soft drink Council Meeting Minutes -9- _ February 13, 1978 Licenses (Continued) Renewal Richfield Lanes, 6449 Lyndale Retail on-sale/off-sale, Bowling alley, vending machines, cigarette, food estab., food vehicle, soft drink Renewal Richfield Racquet Club, 7620 Penn Soft drink Renewal Don Roberts Union 76, 7301 Penn Vending machines, soft drink, cigarette Renewal Romar Standard, 1400 E. 78th St. Vending machine, cigarette, food estab., soft drink Renewal Sibley Co., 36 W. 66th St. Vending machine, cigarette Renewal Skylark Apartments, 7700 Bloomington Soft drink Renewal Southtown Shell, 7745 Penn Vending machine, soft drink, cigarette Renewal Stadium 66, 1120 E. 78th St. Vending machine, cigarette Renewal Suburban Yellow Cab, 6405 Cedar Taxicab Renewal Superamerica, 7645 Nicollet Ice machine, food estab., soft drink, cigarette Renewal Union 76, 601 E. 66th St. Food estab., soft drink, cigarette Renewal Wilhelm's Standard, 7720 Nicollet Vending machine, soft drink, cigarette Renewal Wilhelm's Standard, 7544 Lyndale - Vending machine, soft drink, cigarette New Superamerica, 7645 Nicollet Temporary plastic banners February 15 thru February 26 A11 ayes - Carried. Absent - Law. Motion by Luettinger, seconded by Jacobsen to defer Los Bravos' appli- cation for a retail on sale license to the next council meeting as the city manager requested this be given special consideration. A11 ayes - Carried. Matt Foeller, 2120 West 63rd Street, questioned the licensing of Gopher Cab Company due to their method of handling payment of their accident claims. Councilman Luettinger requested the staff to investigate Gopher Taxicab's compliance with their off-street parking contract. Motion by Jacobsen, seconded by Ludeman that the following taxicab driver licenses be approved: Council Meeting Minutes -10- February 13, 1978 Taxicab Drivers Renewal James David Haverly, 3305 Irving S. Renewal James Alan Langbein, 11040 Queen Avenue S. Renewal Michael Joseph Moser, 2228 Riverwood Place, St. Paul Renewal Judith. Carol Hill, 911 W. 47th. Renewal John Robert Schusten, 7515 Penn Renewal Patrick Jason Henry,.1603 Girard Avenue N. Renewal Paul Frederick Langbein, Jr., 11040 Queen Avenue Renewal William Wesley Kinney, 158 Anthony Drive, Lakeville Renewal Maynard Russell Nielsen, 4159 Snelling Avenue New Roger Myrle Erickson, 911 - 22nd Avenue S. Renewal Merlin John Baakenbush, 4456 Parklawn Court Renewal Jeffrey James Drinkall, 11057 Utica Avenue New Gary Paul Hedwall, 5001 W. Old Shakopee Road New Matthew Foeller, 2120 W. 63rd St. New Megan 0. Hamilton, 4221 Cedar St. Renewal Philip William Aaron, 4948 Aldrich New Charles Allan Kiesling, Jr., 5604 Bloomington Renewal Richard Carl Steen, 5640 46th Avenue All ayes - Carried. Absent ~ Law. 15. Claims and Payrolls Motion by Jacobsen, seconded by Ludeman that the following claims and payrolls be approved: SUMMIT STATE BANK Checks 37257/31878 General $6,088,064.73 Checks 37319/37622 Payroll 147,469.18 RICHFIELD BANK & TRUST Checks 30889/33808 $1,491,196.75 A11 ayes - Carried. Absent - Law. Council recessed at 8:55 p.m. to conduct the HRA meeting and reconvened at 9:30 p.m. 16. Amendment to Moratorium on Filling of Full Time Vacancies The city manager recommended waiver of the vacancy moratorium to permit appointment of a Clerk Typist I in the planning and redevelopment department. Motion by Ludeman, seconded by Jacobsen to waive the moratorium as recommended by the city manager. ' Council Meeting Minutes -11- February 13, 1978 All ayes - Carried. Absent - Law. 17. Items Not on the Agenda The council requested the staff to investigate the possibility of having a direction sign designating the Wood Lake Nature Center installed on Highway 35W. The city manager reported that the Board of Managers of the Minnehaha Creek Watershed District is proposing to make some improvements within the district. The city manager presented a resolution which indicated that the council did not object to the improvement project but wished the Board of Managers to be aware that the City of Richfield was geographically remote from where the proposed improvements were to be made and that the council would like to have the board be cognizant of this fact when determining direct benefits that may or may not be derived by the City of Richfield. 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. 5864 RESOLUTION RESERVING ANY OPPOSITION TO THE IMPROVEMENTS PROPOSED BY THE BOARD OF MANAGERS AMENDED PRELIMINARY REPORT ON PETITION FOR A BASIC LAND AND WATER MANAGEMENT PROJECT FOR MINNEHAHA CREEK Po11 of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger. Nayes - None. Absent - Law. Carried. This resolution appears as Resolution No. 5864 in Resolution Book No. 41. The city manager recommended that the position filled by Marshall Raaen be reassigned from Grade 17 to Grade 18 in the management pay plan due to additional responsibilities and work assignments. °Council Meeting Minutes -12- February 13, 1978 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. 5862 AMENDED RESOLUTION RELATING TO THE 1978 MANAGEMENT SALARY COMPENSATION PLAN Poll of votes; Ayes - Anderson, Jacobsen, Ludeman, Luettinger. Nayes - None. Absent - Law. Carried. This resolution appears as Resolution No. 5862 in Resolution Book No. 41. The city manager recommended that the positions filled by Sandra Rosenow and Lillian Hipp be reassigned from Grade 10 to Grade 11 and Grade 13 to Grade 14 respectively in the general services pay plan to reflect increased job responsibilites. Motion by Jacobsen, seconded by Luett nger that the following resolution be adopted; that it be spread in the resolution book and that it be made apart of these minutes: RESOLUTION N0. 5863 AMENDED RESOLUTION RELATING TO THE 1978 GENERAL SERVICES SALARY COMPENSATION PLAN Po11 of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger. Nayes - None. Absent - Law. Carried. This resolution appears as Resolution No. 5863 in Resolution Book No. 41. Council members discussed attendance plans at the South Hennepin Human Services Council annual meeting and the Richfield Towers dedication ceremony scheduled for Sunday, February 26, 1978. 1 Council Meeting Minutes - l3- February 13,-1978 18. Adjournment Motion by Ludeman, seconded by Jacobsen that the meeting adjourn. A11 ayes - Carried. Time: 9:55 p.m. Date Approved: February 28, 1978 ~~G~~ i~~~- G%6 Thomas J. oran City Clerk s A. P. Anderson Mayor Pro Tempore Wayne S. Burggraaf City Man ger