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03-13-1978CITY OF RICHFIELD Regular Meeting March 13, 1978 The Council of the City of Richfield met in regular session in the Council Chambers of the City Hall on Monday, March 13, 1978 at 7:00 p.m. Councilman Luettinger gave the invocation. The meeting was called to order by Mayor Loren L. Law. Present: Anderson, Jacobsen, Luettinger, Law Absent: Ludeman 1. Minutes Motion by Luettinger, seconded by Jacobsen that the minutes of the regular council meeting of February 27, 1978 be approved as submitted. All ayes - Carried. Absent - Ludeman. 2. Presentation of Public Safety Commendation Awards Public safety director, Tom Morgan, presented a citizen commendation award to Mr. Bruce S. Stone, 7310 15th Avenue, in recognition of his efforts in assisting police in the apprehension of a robbery suspect. Councilman Ludeman arrived at 7:10 p.m. A special commendation award to former Richfield Police Officer Ronald Holt was not made as he was unable to attend because of bad weather. 3. Presentation of Certificates of Appreciation to Retiring Commission Members Mayor Law presented certificates of appreciation to• several retiring commission members: Russell Susag, for his service on the Planning Commission (Mrs. Susag accepted the certificate for her husbands Park and Recreation Commission Members: Dean Covering and Kermit Randall, and retiring Charter Commission members, Carol Buckman, Camillo DaSantis and Dominic Zappia. 4. Presentation of Human Rights Commission Award for Citizen of the Year Mr. Ralph Olson, chairman of the Human Rights Commission, announced that Council Meeting Minutes -2- March 13, 1978 the city's sixth annual Citizen of the Year Award was to be presented to Councilman Gene Jacobsen and his wife, Mary Jacobsen. Mayor Law presented the proclamation to Councilman Jacobsen and his daughter, Linda McGraw, who accepted the award in behalf of her mother. 5. Presentation of Municipal Finance Officers Association Certificate of Conformance for Outstanding Municipal Accounting Practices Mr. Lyle Haney, Minnesota chairman of Municipal Finance Officers Association, presented Mayor Law with an MFOA Certificate of Conformance for the city's 1976 Financial Report. This certificate is the highest award a city may receive from the MFOA, and recognizes excellence in municipal financial reporting. 6. Request for Variances for House Construction at 7300 Stevens Avenue The applicant, Mrs. Curtis Miller, 6920 13th Avenue, appeared in behalf of her request for three variances to construct a new single family dwelling at 7300 Stevens Avenue. Joe Ertman, chairman of the Planning Commission, reported on the planning commission's recommendation to approve this request for the following variances as listed in Council Letter No. 64: 1. A 1,160.67 square foot variance to the minimum lot requirements; 2. A five foot variance to the interior sideyard setback requirements; 3. A ten foot variance to the streetside sideyard setback requirements. Motion by Anderson, seconded by Ludeman to close the hearing. All ayes - Carried. Motion by Anderson, seconded by Luettinger to approve the variances with the stipulation that a Registered Land Survey be prepared by the applicant and filed with Hennepin County. All ayes -.Carried. 7. Request for Special Use Permit for Group Care Residential Facility, 306 E. 78th Street Council Meeting Minutes -3- March 13, 1978 The city manager reviewed the application for a special use permit filed by Assumption Church and Progress Valley to permit operation of a group care residential facility at 306 East 78th Street. Robert Worthington, appearing both as a volunteer of Progress Valley and an employee of Rauenhorst Corporation, spoke in behalf of the request for a special use permit. Don Stuhlman, director of Progress Valley, explained the Progress Valley program, which will be a group home for chemically dependent women. He indicated that the facility will be modeled after a similar center Progress Valley is presently operating for men. Phil Riveness, executive director of The South Hennepin Human Services Council, spoke in support of this proposed project. Bi11 South, 7621 Vincent Avenue, asked about the funding of the organization. Motion by Jacobsen, seconded by Ludeman to close the hearing. A11 ayes - Carried. Motion by Ludeman, seconded by Luettinger to approve the special use permit subject to the following stipulations: 1. The proposed parking area be upgraded to standards required by city ordinances; 2. An off-street parking contract be executed; 3. Progress Valley provide a van for transportation of its residents between the hours of 6:00 a.m. and 6:00 p.m.; 4. Proper landscaping be provided on the east and west sides of the property. All ayes - Carried. 8. Ordinance Amendment Relating to Display of Magazines - Second Reading Bill 1978-6, "An Amendment to Chapter X, Part III of the Ordinance Code of Council Meeting Minutes -5- March 13, 1978 9. Ordinance Amendment Establishing 1978 Compensation for City Council - Second Reading Bill 1978-4, "An Ordinance Amending Ordinance Code Section 12.02, Subdivision 1, entitled, 'Compensation of Mayor and Council Members"', was read and reviewed by the city attorney, Clayton LeFevere, the same being on file in the office of the city clerk. (C-9810) Motion by Jacobsen, seconded by Anderson to close the hearing. A11 ayes - Carried. Motion by Jacobsen, seconded by Anderson that this constitute a second reading of Bi11 1978-4; 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, Law. Nay - Luettinger. Carried. Councilman Luettinger stated that he was in favor of an increase in salary for the mayor but did not support any salary adjustment for the councilmen. 10. Purchase in Excess of $1,000 The city manager recommended approval of two purchases in excess of $1,000, as explained in Council Letter No. 74; an utility van to be used by the public safety department,for purchase in .the amount of $5,817, and an autoclave, which will be utilized at the water plant laboratory, for purchase in the amount of $2,065. Motion by Jacobsen, seconded by Ludeman to approve these purchases in excess of $1,000. All ayes - Carried. Council recessed at 8:30 p.m. to conduct the HRA meeting and reconvened at 9:03 p.m. Council Meeting Minutes -6- March 13, 1978 11. Status Report on United National PUD and Public Improvement Easements Clayton LeFevere, the city attorney, reported on the progress of discussions with United National Corporation concerning the easements along 65th Street that are necessary for the L/H/N project. Mr. LeFevere indicated that the form of easements has been agreed upon but that agreement on some of the other documents have not been finalized. He reported that the proposed arrangement between United National Corporation and the city would provide for holding certain of the easements in escrow until the existing 65th Street is vacated. He read a letter from the United National Corporation attorney to the Richfield city attorney providing for escrowing of such easements and other documents. Because the form of all of the documents has not agreed upon, the city attorney recommended that the council accept the easements on a conditional basis, subject to final approval of the documents by the city council at a later time. He suggested that the council consider holding a special meeting within a few days, at which time final action on the documents could be taken if their form is agreed upon by~then. Mr. Richard Naiman, vice president of the United National Corporation, confirmed the statements describing the present status of the easements as made by the city attorney. Lawrence Wozniczka, 6744 Wentworth, asked about parking facilites. Motion by Anderson, seconded by Luettinger that the easements tendered by the United National Corporation, relating to the existing 65th Street and the new 65th Street,'and the storm sewer line running between them, be accepted contingent upon the council's final approval of all of the documents related to these easements and the Nicollet Avenue easements. All ayes - Carried. Council Meeting Minutes -7- March 13, 1978 12 Resolution Authorizing ~mi-netrt Doman Proceedings for Nelson's Restaurant The city attorney recommended that a final decision on whether to acquire the Nelson Restaurant property by condemnation or otherwise be deferred pending a determination as to whether satisfactory easement documents can be agreed upon with United National Corporation. He recommended, however, that the city council authorize initiation of preliminary negotiations with Nelson's during the time that final agreement with United National Corporation is being sought. Motion by Anderson, seconded by Jacobsen that such preliminary and provisional negotiations with Nelson's Restaurant be authorized. All ayes - Carried. Motion by Anderson, seconded by Jacobsen that, at the conclusion of council deliberation on the other agenda items, this meeting be adjourned until 5:30 p.m. on Tuesday, March 21, 1978, at which time the council would consider the final documents to be submitted by .United National Corporation and the possible authorization of eminent domain proceedings for the acquisition of Nelson's Restaurant property. A11 ayes - Carried. 13. Final Plans, Specifications and Authorization to Advertise for Bids, Christian Park Improvement Project Kathy Wilson, assistant park and recreation director, reviewed the final plans and specifications for the Christian Park improvement projects as outlined in Council Letter No. 68. Mr. James Robin, the consulting engineer for the project, answered questions regarding storm sewer drainage in the area. Motion by.Luettinger, 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 -8- March 13, 1978 RESOLUTION N0. 5871 RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND CALLING FOR ADVERTISEMENT FOR BIDS FOR CHRISTIAN PARK IMPROVEMENT PROJECT CITY PROJECT N0. 719 Clerk's File No. 9815 Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nays - None. Carried. This resolution appears as Resolution No. 5871 in Resolution Book No. 41. 14. Lindahl Olds Off-Street Parking Contract Release Request The city manager reviewed the staff's recommendation to deny the release of the off-street parking contract for Lindahl Oldsmobile. The applicant had requested return of the off-street parking contract bond on the premise that they were in substantial compliance with requirements of the contract. The city manager indicated that Lindahl Olds had failed to meet three conditions of the contract relating to size of trees required to be planted, parking of cars on the boulevard area of 78th Street and locating a fence on city right-of-way property. Mr. Burggraaff suggested that if the council decided to release the parking agreement, the agreement provisions should be amended to waive the requirements of two inch trees, and accept trees that were planted; to permit the parking adjacent to the 78th Street Boulevard as the company has been doing; and to obtain an agree- went from Lindahl Olds that would allow the fence to stand on the city's right-of-way but would require the company to agree to move the fence should the city need the property. Motion by Anderson, seconded by Jacobsen to waive the minimum requirements for the trees, to change the off-street parking requirement relating to the parking of cars along 78th Street and to permit the fence as constructed to stand, subject to Lindahl Oldsmobile entering into an agreement with the city, and that the following resolution be adopted.; that it be spread in the resolution book and that it be made a part of these minutes; 1 Council Meeting Minutes -9- March 13, 1978 RESOLUTION N0. 587Z RESOLUTION RELATING TO RELEASE OF BOND ON OFF-STREET PARKING Lindahl Oldsmobile, Inc. 1900 West 78th Street Use: Auto Sales and Service Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nays - None. Carried. This resolution appears as Resolution No. 5872 in Resolution Boots. No. 41. 15. Request for Barricades for Soap Box Derby Mr. Richard Blevins, representing the Southdale YMCA Trailblazers, requested permission to barricade 71st and 1/2 Street West between Xerxes and Upton Avenue South for the purpose of holding a soap box derby on April 1, 1978 between the hours of 1:00 p.m. to 4:00 p.m. Motion by Jacobsen, seconded by Ludeman to approve this request, with the stipulation that barricades be erected in such a way as to permit ingress and egress of emergency vehicles. All ayes - Carried. 16. Off-Street Parking Contract, 1800 East 66th Street The city manager presented the proposal of Mr. Merle Meyer, 6636 - 2nd Avenue, to convert an existing vacant structure at 1800 E. 66th Street into an office for an off-site vehicle appraisal service, and explained that it would be necessary to execute an off-street parking contract for this property. 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. 5873 RESOLUTION APPROVING LAYOUT AND CONTRACT FOR OFF-STREET PARKING IN ACCORDANCE WITH APPLICATION N0. 78-3, CONTRACT N0. 2259 Mr. Merle Meyer 6636 - 2nd Avenue Location: 1800 E. 66th Street Use: Off-site vehicle appraisal service Clerk's File No. 9816 Council Meeting Minutes -10- March 13, 1978 Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nays - None. Carried. This resolution appears as Resolution No. 5873 in Resolution Book No. 41. 17. Request for Consideration of Wine Licensing Ordinance Mr. James Assimes, owner of the Lemon Tree Restaurant at 801 West 77 1/2 Street, presented a request to the council to consider the enactment of a wine license ordinance, as explained in Council Letter No. 78. The city attorney reviewed the state legislation which enables a municipality to implement a wine licensing ordinance. Motion by Anderson, seconded by Jacobsen to instruct the city attorney to prepare a proposed ordinance for wine licensing to be a discussion item at the second council meeting in April. All ayes - Carried. 18. Adoption of Community Development Plan and Housin Assistance Plan The city manager reviewed the completed Community Development Plan and Housing Assistance Plan for Years IV, V and VI of the Community Development Block Grant program as outlined in Council Letter No. 59. He recommended that the city council adopt the appropriate resolution approving the Community Development Plan and the Housing Assistance Plan, and authorize the city manager to submit the Year IV-VI Community Development Block Grant application to Hennepin County. 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. 5874 RESOLUTION ADOPTING THE COMMUNITY DEVELOPMENT PLAN AND THE HOUSING ASSISTANCE PLAN Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nays - None. Carried. This resolution appears as Resolution No. 5874 in Resolution Book No. 41. Council Meeting Minutes -11- March 13, 1978 Motion by Luettinger, seconded by Ludeman that the council's concerns be conveyed to the local representatives on the state law requiring comprehensive plan revision, and that a copy of this communication be made available to Mr. Wozniczka. All ayes - Carried. 19. Application to Move House Within City The city manager recommended that the council authorize moving the dwelling located at 6501 Grand Avenue to 7444 Bryant Avenue to implement an agreement between the HRA and Vocational Technical Institute for rehabilitation of the house, as outlined in Council Letter No. 62. Motion by Luettinger, seconded by Jacobsen to approve the application to move the house located at 6501 Grand Avenue to 7444 Bryant Avenue. A11 ayes - Carried. 20. Traffic Control Requests Joyce Wilde, administrative assistant, reported on the following traffic control recommendations that were considered at the traffic control committee meeting of Tuesday, February 21, 1978, and explained in detail in Council Letter No. 72: 69th Street and Xerxes The committee recommended that a stop sign be installed on the east side of Xerxes Avenue at 69th Street, stopping 69th Street traffic, contingent upon Edina erecting a sign on their side of Xerxes Avenue. 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: Council Meeting Minutes -12- RESOLUTION N0. 5875 RESOLUTION RELATING TO TRAFFIC CONTROL SIGNS "STOP" SIGNS ON EAST SIDE OF XERXES AVENUE MAKING INTERSECTION A FOUR-WAY STOP March 13, 1978 Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Lady. Nays - None. Carried. This resolution appears as Resolution No. 5875 in Resolution Book No. 41. 65th Street and 20th Avenue The committee recommended this request for a two-way stop sign be denied. Motion by Anderson, seconded by Jacobsen to uphold the committee's decision. All ayes - Carried. 67th and Park Avenue The committee recommended installation of a two-way stop sign to stop north-south traffic on Park Avenue at 67th Street. 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. 5876 RESOLUTION RELATING TO TRAFFIC CONTROL SIGNS "STOP" SIGNS AT 67TH STREET AND PARK AVENUE, STOPPING PARK AVENUE TRAFFIC AT 67TH STREET Po11 of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nays - None. Carried. This resolution appears as Resolution No. 5876 in Resolution Book No. 41. 12th Avenue and 77th Street The committee recommended removal of stop signs on 77th Street at 12th Avenue, thus making the intersection a two-way stop, stopping 77th Street traffic, rather than a four way stop. 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: Council Meeting Minutes -13- March 13, 1978 RESOLUTION N0. 5877 RESOLUTION RELATING TO TRAFFIC CONTROL SIGNS REMOVE "STOP" SIGNS ON 77TH STREET AT 12TH AVENUE MAKING INTERSECTION A TWO-WAY STOP Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger., Law. Nays - None. Carried. This resolution appears as Resolution No. 5877 in Resolution Book No. 41. 62nd Street and Oliver Avenue The Baptist Church of our Saviour has requested erection of "no parking" signs for 15 feet on either side of the sidewalk in front of the church. 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. 5878 RESOLUTION RELATING TO TRAFFIC CONTROL SIGNS "NO PARKING BETWEEN SIGNS" ON EAST SIDE OF OLIVER AVENUE AT 62ND STREET Po11 of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nays - None. Carried. This resolution appears as Resolution No. 5878 in Resolution Book No. 41. 77th anc~ Chicago Avenue The council considered a request to install a four-way stop at 77th Street and Chicago Avenue adjacent to the new senior citizen apartment building. 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. 5879 RESOLUTION RELATING TO TRAFFIC CONTROL SIGNS "STOP" SIGNS ON 77TH STREET AT CHICAGO AVENUE MAKING INTERSECTION A FOUR-WAY STOP Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nays - None. Carried. This resolution appears as Resolution No. 5879 in Resolution Book No. 41. Council Meeting Minutes -14- 1~larch 13, 1978 21. Approval of 1978-79 Agreement with Richfield Police Officers Fec~eTation Bargaining Unit The city manager reviewed a new 1978-79 agreement which has been. negotiated between the City of Richfield and the Richfield Police Officers Federation and outlined in detail in Council Letter No. 61. He recommended that the city council adopt the necessary resolutions to implement this agreement. Motion by Jacobsen, seconded by Anderson 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. 5870 RESOLUT ION APPROVING LABOR AGREEMENT BETWEEN THE CITY OF RICHFIELD AND THE RICHFIELD POLICE OFFICERS FEDERATION BARGAINING UNIT FOR THE YEARS 1978 - 1979 RESOLUTION N0. 5880 RESOLUTION AUTHORIZING TRANSFER OF APPROPRIATIONS FROM THE 1978 CONTINGENCY ACCOUNT TO THE PUBLIC SAFETY DEPARTMENT Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nays - None. Carried. These resolutions appear as Resolutions Numbers 5870 and 5880 in Resolution Book No. 41. 22. Agreement for Position Classification and Pa Plan Stud The city manager reviewed the proposed agreement for a position classification and pay plan study as outlined in Council Letter No. 69. Mr. Frank Stanton, representing the consulting firm proposed to do the study, answered questions. Councilman Anderson excused himself at 11:20 p.m. Motion by Jacobsen, seconded by Ludeman to defer this item to the next council meeting of March 27, 1978. ••All ayes - Carried: Absent - Anderson. Council Meeting Minutes -15- March 13, 1978 23. Public Hearing on MTC Bus Garage 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. 5869 RESOLUTION SUPPORTING CONSTRUCTION OF MTC SOUTH BUS GARAGE ON METROPOLITAN AIRPORTS COMMISSION PROPERTY Poll of votes: Ayes - Jacobsen, Ludeman, Luettinger, Law. Nays - None. Absent - Anderson. Carried. This resolution appears as Resolution No. 5869 in Resolution Book No. 41. 24. Agreement with Richfield Swim Club for Use of Municipal Swimming Pool ~+'~;1;t;o~ Motion by Ludeman, seconded by Jacobsen to authorize an agreement with the Richfield Swim Club providing for closing of the municipal pool on July 1 and July 2, 1978 to enable the Club to host a competitive swimming event. All ayes - Carried. Absent - Anderson. 25. Transfers to CETA Special Project Budgets The city manager requested council authorization to transfer funds from City Project No. 693 and from the park acqusition fund to provide the matching funds required to implement the CETA special project grant received for energy conservation purposes. Motion by Jacobsen,. seconded by Luettinger to authorize the transfer of $3,469 from City Project No. 693 and a transfer of $2,141 from the park acquisition fund to the CETA special project account. A11 ayes - Carried. Absent - Anderson. 26. Proposed Resolution Establishing Citizen Energy Awareness Committee 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: Council Meeting Minutes -16- March 13, 1978 RESOLUTION N0. 5881 RESOLUTION ESTABLISHING A CITIZENS ENERGY AWARENESS COMMITTEE Poll of votes: Ayes - Jacobsen, Ludeman, Luettinger, Law. Nays - None. Absent - Anderson. Carried. This resolution appears as Resolution No. 5881 in Resolution Book No. 41. 27. Claims and Payrolls Motion by Jacobsen, seconded by Luettinger that the following claims and payrolls be approved: SUMMIT STATE BANK ' Checks 37674/37718 "General $458,273.03 Checks 38492/38783 Payroll 143,707.73 RICHFIELD. BANK & TRUST Checks 33818/34324 424,441.67 A11 ayes - Carried. Absent - Anderson. 28. Licenses Motion by Ludeman, seconded by Luettinger that the following licenses be approved: Regular Renewal Kay's, 812 West 77 1/2 Street Renewal Kenny's Markets, 11430 13. 66th Street New 7-11 Stores, 6945 Nicollet Taxicab Drivers New John Parson, 5620 W. Farmington New Clay Nystrom, 4001 W. 89th New Gary Schroeder, 9825 Irving New Vernon Evans, 3021 Chicago Liquor Dispenser New Mary Gerlach, 9049 Pillsbury Avenue New Karen King, 3416 Robinwood Drive All ayes - Carried. Absent - Anderson. Soft drink Add'1. food Ice machine, add'1. food Council Meeting Minutes -17- March 13, 1978 Motion by Luettinger, seconded by Ludeman to deny the application of Garry Alan Mason for a taxicab driver license on the basis of information presented by the public safety department. All ayes - Carried. Absent - Anderson. 29. Adjournment Motion by Jacobsen, seconded by Luettinger that pursuant to the motion on Items 11 and 12, the meeting be adjourned until March 21, 1978. All ayes - Carried. Absent - Anderson. Time: 11:45 p.m. Date Approved: March 27, 1978 D Thomas J. ran City Clerk Lor n L. Law yor ~.. Wayne S. Burggraaf City nager