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03-27-1978CITY OF RICHFIELD Regular Meeting March 27, 1978 The Council of the City of Richfield met in regular session in the Council Chambers of the City Hall on Monday, March 27, 1978, at 7:00 p.m. Rev. C. L. Westman, of the Wooddale Baptist 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 Luettinger, seconded by Ludeman that the minutes of the regular council meeting of March 13, and the continued council meeting of March 21, 1978, be approved as presented. All ayes - Carried. 2. Recommendation to Revoke Taxicab Driver's License The city manager informed the council that he had received a request from Mr. Franke, the licensee, to defer this hearing, which is described in Council Letter No. 85. Mr. Burggraaff stated that before the council considered this request he would like the public safety director to briefly introduce this case. Mr. Morgan said the complainant and the investigating officers were in the audience and that he was prepared to present the case should the council desire to proceed with the hearing, but that it would be acceptable to continue this hearing to the April 10, 1978 meeting as requested by Mr. Franke. Motion by Jacobsen, seconded by Luettinger to continue the suspension of this license and continue the hearing to April 10, 1978. All ayes - Carried. 3. Presentation of Fire Protection Study Committee Report The publ~~~ safety director introduced Mr. Bill Watson, 6329 Harriet Avenue, a member of the Fire Protection Study Committee. Mr. Watson introduced other Council Meeting Minutes -2- March 27, 1978 committee members present and -reviewed the final report of the study committee. He hi~hli~hted recommendations of the committee. Motion by Jacobsen, seconded by Anderson to accept the report with thanks, and schedule further dis^_ussion on this matter at the council meetings of April 10, and 24, 1978. All ayes - Carried. A copy of the report was received and ~.iven city clerk file No. C-9321. Motion by Jacobsen, seconded by Luettinger to direct the city manager to prepare a tentative implementation plan based on the report recommendations and to submit such information to the city council prior to the April 10, 1978 council meeting. All ayes - Carried. Council recessed at 7:27 p.m. to conduct the HRA meeting and reconvened at 3:10 p.m. 4. Request for Approval of Purchase in Excess of $1,000 The executive director recommended the council approve an item in the amount of $3,100 for the purpose of adding insulation to the hot water pipes in the Community Center,. as outlined in Council Letter No. 87. Don Fondrick, parks and recreation director, answered questions proposed by the council. Motion by Anderson, seconded by Luettinger to defer this item to a future council meeting. All ayes - Carried. 5. Request for Authorization to Initiate Eminent Domain Proceedings, Flowertown Property The city manager recommended the council adopt the appropriate resolution authorizing initiation of eminent domain proceedings on the Flowertown property located at the intersection of 66th Street and Lyndale Avenue, as outlined in Council Meeting Minutes -3- March 27, 1978 Council Letter No. 83. He also recommended the council approve an agreement between the city and the HRA to provide for the city to have responsibility for handling both the HRA and city proceedings in this matter. Motion by Jacobsen, seconded by Anderson 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. 5886 RESOLUTION AUTHORIZING THE ACQUISITION OF CERTAIN REAL PROPERTY BY EMINENT DOMAIN PROCEEDINGS AND AUTHORIZING THE EXECUTION OF A JOINT ACQUISITION AGREEMENT (Flowertown) Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nays - None. Carried. This resolution appears as Resolution No. 5886 in Resolution Book Na. 41. 6 Resolution Authorizing Eminent Domain Proceedings for Nelson's Restaurant The city manager stated that all necessary Easements and agreements, in a form satisfactory to the city, had been received from United National Corpo- ration which made it possible for the city council to adopt the resolution authorizing eminent domain proceedings for the Nelson Restaurant property. He emphasized, however, that the staff would attempt to acquire by negotiation as opposed to relying entirely on an eminent domain proceeding. 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 apart of these minutes: RESOLUTION N0. 5887 RESOLUTION AUTHORIZING THE ACQUISITION OF CERTAIN REAL PROPERTY BY EMINENT DOMAIN PROCEEDINGS (Part of Nelson's Restaurant Property) Council Meeting Minutes - 4- March 27, 1978 Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nays - None. Carried. This resolution appears as Resolution No. 5887 in Resolution Book No. 41. Lee Nelson, from Nelson's Restaurant, expressed concern for the length of time that would be needed to relocate the restaurant. 7. Request for Approval to Sell New Ford Town Lots The city planning and redevelopment director recommended that the council authorize advertising for sale fourteen city owned lots in the New Ford Town area as outlined in Council Letter No. 80. 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 apart of these minutes: RESOLUTION N0. 5888 RESOLUTION AUTHORIZING ADVERTISING AND ACCEPTING BIDS FOR THE SALE OF NEW FORD TOWN LOTS Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nays - None. Carried. This resolution appears as Resolution No. 5888 in Resolution Book No. 41. The city manager reported that the property owner immediately south of 6500 Standish Avenue had just advised the city of an intent to file a claim for adverse possession of the city owned property at 6500 Standish (one of the lots to be sold). John Dean, acting city "attorney, recommended that the city take action as c nn as possible to protect the city's ownership of the land. Motion by Jacobsen, seconded by Luettinger to authorize procedures to prevent adverse possession of Lot 23, Block 6 and that the following resolution be adopted; that it be spread in the resolution book and that it be made a [.l 1 part of these minutes: Council Minutes -5- March 27, 1978 RESOLUTION N0. 5889 RESOLUTION AUTHORIZING INITIATION OF LEGAL PROCEEDINGS TO CLEAR TITLE TO CERTAIN REAL PROPERTY (6500 STANDISH) Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nays - None. Carried. This resolution appears as Resolution No. 5889 in Resolution Book No. 410 Lawrence Wozniczka, 6744 Wentworth, asked questions about the home improvement program. 8. Approval of Lease Agreement with MAC for Community Gardens The city manager recommended renewal of the lease of MAC land for community gardens as has been done in past years and as outlined in Council Letter No. 88. Motion by Luettinger, seconded by Jacobsen to authorize the mayor and city manager to execute the lease agreement with the Metropolitan Airports Commission. All ayes - Carried. 9. Request for Approval of Market Analysis Update The city manager advised the council that the planning commission had recommended that the Richfield market analysis study be updated as outlined in Council Letter No. 84. The initial market analysis study was conducted four years ago. He said that the study is important in guiding redevelopment project decisions and also in zoning and comprehensive land use or plan revisions. Motion by Ludeman, seconded by Jacobsen to authorize the city manager to engage the firm of Metro Economics to prepare an updated economic analysis in the amount of $3,050. A11 ayes - Carried. 10. Proposed Guidelines for Golf Course Citizen Committee The city manager presented proposed guidelines for a golf course advisory committee as outlined in Council Letter No. 86. Council Minutes -6- March 27, 1978 Motion by Luettinger, seconded by Anderson to approve the guidelines for a golf course advisory committee and set the date of April 10, 1978 to consider appointments to the committee. All ayes - Carried. 11. Confirmation of Citizen Appointments to Board of Review The city manager recommended the city council approve the appointment of Mr. Harry Tickner and Mr. Harley Witte, two residents, as members of the Board of Review to be held on June 1, 1978, as outlined in Council Letter No. 82. 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. 5885 RESOLUTION CONFIRMING CITY MANAGER'S APPOINTMENT OF TWO RESIDENT MEMBERS TO BOARD OF REVIEW Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nays - None. Carried. This resolution appears as Resolution No. 5885 in Resolution Book No. 41. 12. Consideration of Grant Application to Acquire Senior Citizen/Handicapped Transportation Van The city manager advised the council that federal funds are available through the Minnesota Department of Transportation, as outlined in Council Letter No. 91, and requested consideration for making an application for a van to transport senior citizens and handicapped. Don Fondrick, parks and recreation director, addressed various aspects of the proposed program, which requires that a private agency be involved in any application for funding through the program. He said the Richfield Lions Club has agreed to be the sponsoring agency with the city in an application for the grant. Council Minutes -7- March 27, 1978 Motion by Ludeman, seconded by Jacobsen to approve the submission of the preliminary application subject to further review when notice of eligibility is received in June or July. All ayes - Carried. The city council asked for further staff reports concerning anticipated operating costs and alternative service delivery systems. Lawrence Wozniczka, 6744 Wentworth, spoke in opposition to the proposed program because of the uncertainty of operating costs. 13 Discussion of Letter Received from East Richfield Babe Ruth Baseball League Councilman Luettinger presented a letter from Gerald N. Meyer, 7501 - 5th Avenue, president of the East Richfield Babe Ruth Baseball League. Mr. Meyer was present and requested assistance in acquiring bleachers for their baseball field at 24th Avenue and E. 66th Street. Motion by Luettinger, seconded by Jacobsen to direct the staff to research the cost of repairing the existing bleachers versus purchasing new bleachers. All ayes - Carried, Councilman Luettinger agreed to present this matter to the school board to seek their help in answering this request. 14. Discussion of Letter Received from Bloomington Mayor The city manager read a letter received from Bloomington mayor, James H. Lindau, regarding the possible sale of the Hennepin County Juvenile Detention Center to the city of Minneapolis. Mayor Lindau requested the council to urge the Hennepin County Board to make no commitment to sell this facility until an adequate feasibility study has been made to determine present and future needs. Motion by Jacobsen, seconded by Ludeman that the following resolution be adopted; that it be spread in the resolution book and that it be made apart Council Minutes -8- March 27, 1978 of these minutes: RESOLUTION N0. 5890 RESOLUTION REGARDING POSSIBLE SALE OF HENNEPIN COUNTY JUVENILE DETENTION CENTER Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nays - None. Carried. This resolution appears as Resolution No. 5890 in Resolution Book No. 41. 15. Agreement for Position Classification and Pay Plan Study The city manager explained that this pay and classification plan study for city employees not included in existing bargaining units had been considered at the March 13, 1978 city council meeting and deferred to March 27, 1978 for a decision. The city manager reviewed the history of this project since it was first requested by the city council in January, 1976. He also reviewed the proposed agreement with Stanton Associates, Inc. indicating what part of the study would be performed by the consultant and what part by the city staff. The city manager reported that in response to the March 13, 1978 council request, the consultant had agreed to reduce the maximum study fee from $12,000 to $10,000 with the provision that the consultant could ask for city council approval of fees up to $12,000 if found to be necessary due to time required for the study. Mr. Robert Knoch, representing Stanton Associates, Inc., was present and answered questions raised by council members. Motion by Anderson, seconded by Jacobsen to approve the agreement between Stanton Associates, Inc, and the city to conduct this pay and classification plan study at a maximum cost of $10,000 with the provision that the consultant could request council consideration of an additional payment up to $12,000 should it be warranted, and to authorize the mayor and city manager to execute Council Minutes -9- March 27, 1978 the agreement on behalf of the city. Po11 of votes: Ayes - Anderson, Jacobsen. Nays - Ludeman, Luettinger, Law. Motion failed. Mayor Law indicated a willingness to reconsider his vote if the consultant were able to furnish more detail as to actual work schedules and amount of time that would be involved in the study or offer a reduction in the cost of-the proposed study. 16. Claims and Payrolls Motion by Jacobsen, seconded by Anderson that the following claims and payrolls be approved: SUMMIT STATE BANK Checks 37719/28185 $1,104,620.38 RICHFIELD BANK & TRUST Checks 33846/34497 General $ 256,620.22 Checks 38492/38783 Payroll 143,707.73 A11 ayes - Carried. 17. Request for Special Sign Permit, Walser Buick The city manager presented the request of Walser Buick for a variance to erect a 35 foot sign on their property. Mr. Dennis D.,Gram, vice president of Walser Buick, appeared in support of this request. Motion by Anderson, seconded by Luettinger to defer this item to the next council meeting. All ayes - Carried. 18. Licenses ~ Motion by. Jacobsen, seconded by Anderson that the following licenses be approved: Council Minutes -10- March 27, 1978 Regular New Clark Super 100, 200 West 6bth Street Food New Tom Thumb, 7600 Knox Avenue Add'1. food New Luxury Lanes, 7711 - 14th Avenue- Soft drink Renewal Dollar Rent A Car, 616 E. 78th Street Used motor vehicle Taxicab Drivers New Kenneth Small, 1638 Thomas Avenue N. New LuAnn Wilcox, 2130 N. 6th Street New Stephen Price, 1600 E. 77th Street New Howard Doyel, Jr., 1313 - 17th Avenue N. New Thomas Mertes, 4001 W. 89th Street New Michael Woods, 6032 Stevens Avenue New Michael Leag, 411 - 13th Avenue N.E. New Steven Mahoney , 8070 - 12th Avenue All ayes - Carried. 19. Adjournment Motion by Anderson, seconded by Luettinger that the meeting adjourn. A11 ayes - Carried. Time: 11:24 p.m. ,., I Date Approved: Auril 10, 1978 Thomas J. ran City Clerk ~Lo en L. Law ~. I Wayn S. Burggraaf City ager i ~: i r