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04-10-1978CITY OF RICHFIELI} Regular Meeting April 10, 1978 The council of the City of Richfield met in regular session in the council chambers of the city hall on Monday, April 10, 1978, at 7:00 p.m. Rev. Clement Peterson, of the Richfield United Methodist Church, gave the invocation. The meeting was called to order by Mayor Loren L. Law. Present: Jacobsen, Ludeman, Luettinger, Law Absent: Anderson. 1. Minutes Motion by Ludeman, seconded by Luettinger that the minutes of the regular council meeting of March 27, 1978, be approved as presented. All ayes - Carried. Absent - Anderson. 2 Public Safety Department Commendation Awards Public safety director, Tom Morgan, presented Police Officer Kenneth Pilcher to the council. Officer Pilcher had been nominated for a commendation award for his courageous actions at a robbery on August 25, 1977. Mayor Law presented the distinguished service award plaque to Officer Pilcher. A second commendation award was announced to be presented to former Richfield Police Officer Ron Holt for his efforts in crime prevention and pedestrian and bicycle safety. Mr. Holt was unable to be present, making it necessary to make other arrangements for a presentation. Councilman Anderson arrived at 7:10 p.m. 3. Presentation by Storefront/Youth Action Mr. Steve Lipinski, executive director of the Storefront/Youth Action, Inc., presented a review of the services offered and summarized the year's activities. He also discussed the Storefront's relocation to Central School premises. - ~-- Council Meeting Minutes -2- April 10, 1978 4. Recommendation for Revocation of Taxicab~Driver's License The city manager advised that Mr. Warren Franke had made a-court appearance in this matter and had requested a jury trial. Moreover, he had experienced difficulty in obtaining legal counsel for representation at the council hearing. The city manager recommended that the council continue the suspension until such time as Mr. Franke requests a hearing before the council. Mr.-Burggraaff noted that such action would prevent Mr. Franke from operating as a licensed taxi driver in Richfield until further city council action. ,• Motion by Jacobsen, seconded by Luettinger to continue suspension of Mr. Franke's taxicab driver license indefinitely. All ayes - Carried. 5 Request for Special Use Permit, 6701 Elliot Avenue Richard Krier, planning and relocation director, presented the request of Mr. and Mrs. Bud Ericksen for a special use permit to conduct swimming lessons at their home pool, as outlined in Council Letter No. 96. Mr. Ericksen spoke in support of his request and Mrs. Ericksen answered questions proposed by the council. Mr. Fred J. Fandrei, 6708 - 10th Avenue, spoke in opposition to this proposed special use permit. The following individuals appeared in support of the request: Frank Lutes, 6645 Elliot John Furney, 6700 Elliot Carol Beck, 6709 Elliot Joan Jech, 6708 Elliot Judy Sarff, 6745 Elliot Roxanne Carlson, 6744 - 10th Avenue Ruth Williams, 6739 Elliot Mr. Mark Ahlquist, 7100 Oak Grove Boulevard, reported the planning commission had recommended approval of this special use permit subject to three stipulations. Motion by Ludeman, seconded by Jacobsen to close- the hearing. All ayes -- Carried. Council Meeting Minutes -3- April 10, 1978 Motion by Anderson, seconded by Jacobsen to grant the special use permit subject to the following stipulations recommended by the planning commission: 1. The classes be limited to a maximum of ten students at any one time. 2. The classes be taught only by American Red Cross certified 4 Water Safety instructors. 3. The classes only be taught between the hours of 8:30 a.m. and 12:30 p.m. All ayes - Carried. 6. Request for Variance, 6700 Chicago Avenue The planning and relocation director presented the request of Mr. and Mrs. Walter K. Ruckes, 6700 Chicago Avenue, for a variance to the interior sideyard setback requirements in a residential (R) district to allow them to add a second story on their existing house, as explained in Council Letter No. 101. Mr. Krier reviewed the staff's recommendation against this variance. Mr. Walter Ruckes,. the applicant, was present in support of his request. Mr. Mark Ahlquist, 7100 Oak Grove Boulevard, spoke in behalf of the planning commission's recommendation for approval. Motion by:Ludeman, seconded by Luettinger to close the hearing. All ayes - Carried. Motion by Ludeman, seconded by Luettinger to grant the variance. All ayes - Carried. 7. Request for Variance, 6749 Lyndale Avenue The planning and relocation director reviewed the request of Mr. Julian Flaaten, 6749 Lyndale Avenue, for a variance to the front yard setback requirements in a residential (R) district to enable him to add a four foot addition to an ex- isting three season porch, and enclose it for year-round use. This request is outlined in Council Letter No. 102. Council Meeting Minutes -4- April 10, 1978 Mr. Flaaten, the applicant, was present and spoke in support of his request. Motion by Ludeman, seconded by Jacobsen to close the hearing. All ayes - Carried. Motion by Luettinger, seconded by Ludeman to grant the variance. All ayes - Carried. 8 Bids, Minutes and Award of Contract for Development of Christian Park The city manager recommended acceptance and approval of bids received for the Christian Park improvement project, as outlined in detail in Council Letter No. 106. Park and recreation director, Don Fondrick, reviewed the bids further and explained the alternates that were recommended for acceptance. Motion by Ludeman, seconded by Luettinger to approve the bid minutes. and tabulations. All ayes - Carried. Motion by Luettinger, 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. 5891 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT TO '- FISCHER CONSTRUCTION, INC., FOR SITE CONSTRUCTION FOR THE CHRISTIAN PARK IMPROVEMENT PROJECT CITY PROJECT N0. 719 RESOLUTION N0. 5892 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT TO HENRY 0. MIKKELSON FOR CONSTRUCTION FOR THE CHRISTIAN PARK IMPROVEMENT PROJECT CITY PROJECT N0. 719 Council Meeting Minutes ~ -5- April 10, 1978 RESOLUTION N0. 5893 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT TO KILLMER ELECTRIC COMPANY, INC., FOR SITE LIGHTING FOR THE CHRISTIAN PARK IMPROVEMENT PROJECT CITY PROJECT N0. 719 RESOLUTION N0. 5894 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT TO SEEFERT'S HUDSON ROAD NURSERY FOR LAWNS AND PLANTINGS __ _ FOR THE CHRISTIAN PARK IMPROVEMENT PROJECT CITY PROJECT N0. 719 Poll of votes:. Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nays - None. Carried. These resolutions app-ear as Resolutions Numbers 5891 through 5894 in Resolution Book No. 42. ..., 9 Conveyance of Highway Residue Land to Hennepin County Mr. Mark Ahlquist, 7100 Oak Grove Boulevard, reported on the planning commission's deliberations regarding disposition of these three parcels of land abutting the Crosstown Highway, described in Council Letter No. 99. He said the planning commission recommended, on the basis of significant planning reasons, the parcels not be conveyed to Hennepin County, The planning and redevelopment director reported that according to present zoning requirements the lots were not buildable and that the city has utility easements on them. He recommended attempting to negotiate a sale of the property except for utility easements to adjacent property owners as the city would be responsible for maintenance of the vacant lots which are of primary value to adjacent land owners. Motion by Jacobsen, seconded by Luettinger to advise the county that the city, for planning reasons, has determined not to convey these parcels to the county and to authorize the staff to explore the negotiated sale of these lots to the adjacent property owners. A11 ayes - Carried. Council Meeting Minutes -6- April 10, 1978 10. Approval of Off-~`treet Parkiri~ Cont~`act, -306 E. 78th Street The city planning and relocation director reviewed the application for an off-street parking contract submitted by Progress Valley, Inc. as outlined in Council Letter No. 97. This facility is located in a converted Assumption Church convent building. He recommended approval subject to the following stipulations: 1. The parking lot lighting plan be approved by the city-staff. 2. The screened dumpster area should be constructed to meet all city health and building-codes. 3. An agreement be properly executed between the city and Assumption Church holding the city harmless from any possible damages which the applicant could incur if at some future date the city or state acquires additional right-of-way or easements necessitating moving of the parking lo.~. 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. 5898 RESOLUTION APPROVING LAYOUT AND CONTRACT FOR OFF-STREET PARKING IN ACCORDANCE WITH APPLICATION N0. 78-4, CONTRACT N0. 2260 Progress Valley, Inc. Location: 306 E. 78th Street Use: Group Care Residential Facility Poll of votes: Ayes - Anderson,~Jacobsen, Ludeman, Luettinger, Law. Nays - None. Carried. This resolution appears as Resolution No. 5898 in Resolution Book No. 42. 11. Proposal for Golf Course Feasibility Stud The city manager reviewed the history of the airport site golf course project. He reported that it is an approved project for the years 1977-79 in the adopted 1977-83 Capital Improvement Program and that a tentative lease agreement had been negotiated with the Metropolitan Airports Commission. He noted that approval had previously been obtained from the Metropolitan Council and that a necessary noise variance had been issued by the Minnesota Pollution Control Agency in 1977. Council Meeting Minutes -7- - April 10, 1978 The city manager reported that he had been directed to interview golf course architects by the city council at the January 23, 1978 city council meeting. and make a recommendation on selection. He explained that rather than have the feasibility study conducted by the site architect, a separate and independent firm had been selected for this purpose. Therefore, three recommendations were before the city council: a feasibility consultant, an architect for golf course buildings and a site architect. =- --The-park-and recreation director reviewed the recommendation contained in Council Letter No. 104 for selection of Development Concept Corporation as the feasibility consultant. Development Concept Corporation is an independent, economic consulting, market research and planning firm which specializes in real estate planning, la nriscape architecture and facility feasibility analysis. It is located in Bloomington, Minnesota. Linda Donaldson, regresenting this firm, answered council questions and explained how the study would be conducted. She indicated it would be desirable to conduct this study in conjunction with preliminary work being done both by the site and building architects. Council members expressed interest in considering all three recommendations for golf course consultants before making any decisions. 12. Proposal for Golf Course Site Architect The park and recreation director reviewed the recommendation contained in Council Letter No. 109 for selection of Brauer and Associates as the golf course design and site architect. Brauer and Associates is a local firm, with offices in Eden Prairie, with the capability of providing planning, environmental impact and analysis, landscape architecture, engineering and architectural services. Don Brauer, respresenting this firm, answered questions and reviwed his firm's experience in golf course design. He also introduced Mr. Paul Fjare and _8_ April 10, 1978 Council Meeting Minutes Mr. Gerry Pirkl as members of his firm who would have a high involvement in the project. In answer to a question, the park and recreation director reviewed the process which had been used by the staff to solicit, interview and evaluate site architects. The city manager reviewed the seventeen criteria which had been utilized in the evaluation of site architect candidates. The city manager also advised that it wnuld be necessary to select a golf course site architect by the. end of April to provide as much time as possible to meet the construction and opening date schedule. 13 Proposal for Golf Course Building Architect City council members indicated an interest in giving primary consideration to the feasibility consultant and site architect and did not request a presentation on this recommendation contained in Council Letter No. 108. 14. Golf Course Consultant -and Architect Decisions Motion by Anderson to approve the city manager's recommendations ror a feasibility consultant, site architect and building architect and to authorize the negotiations and preparation of agreements with these firms. Motion failed for lack of a second. Motion by Ludeman, seconded by Luettinger to approve the city manager's recommendation to retain Development Concept Corporation as feasibility consultant and to authorize the negotiation and preparation of an agreement with this firm to be presented for action at the April 24, 1978 city council meeting. A11 ayes - Carried. Council members indicated that they would like to meet and interview the top three site architect candidates before making a final decision on the city manager's recommendation for Brauer and Associates to perform this work. Motion by Ludeman, seconded by Jacobsen to defer action on selection of the site architect to the April 24, 1978, city council meeting. i ~~ r i ~~ RESOLUTION N0. 5895 RESOLUTION REGARDING COUNTY SUPPORT FOR HUMAN SERVICES COUNCIL ICI L Council Meeting. Minutes -9- April 10, 1978 Poll of votes: Ayes - Jacobsen, Ludeman, Luettinger, Law. Nays - Anderson. Carried. Motion by Ludeman, seconded by Jacobsen to•hold a special city council meeting in the city hall council chambers at 5:45 p.m. o.n Tuesday, April 18, 1978 to interview the top three golf course site architect candidates. Poll of votes: Ayes - Jacobsen, Ludeman, Luettinger, Law. Nays - Anderson. Carried. Motion by Luettinger, seconded by Jacobsen to defer consideration of the city manager's recommendation for building architect to the May 8, 1978, city council meeting - _ Poll of votes: Ayes - Jacobsen, Ludeman, Luettinger, Law. Nays - Andersan. Carried. 15 Resolution Regarding County Support for Human Services Councils The city manager reviewed the operation of the South Hennepin Human Services Council and indicated that the county is considering a change in its method of support of these services as outlined in Council Letter No. 110. Camillo DeSantis, 6508 Newton Avenue, member of the South Hennepin Human Services Council, spoke in favor of the county's continued financial support of the human services councils and requested the council to adopt a resolution en- couraging the county to continue the funding of this service as they have in the past. Motiom 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: Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nays - None. Carried. This resolution appears as Resolution No. 5895 in Resolution Book No. 42. Council Meeting Minutes -10- ~ April 10, 1978 16 Discussion of Tentative Imphementation Plan for Fire Protection Study Committee Report Recommendations The city manager presented the staff's tentative implementation plan based on the. Fire Protection Study Committee Report prepared by a Richfield citizen committee, as outlined in Council Letter No. 105. He recommended approval, in concept, of the recommendations contained in the Fire Protection Study Committee Report and approval of the proposed implementation plan in its present or amended form. Tom Morgan, public safety director, answered questions from the council regarding the plan. Motion by Jacobsen,~seconded by Anderson to approve,.in concept, the recom- mendations contained in the Fire Protection Study Committee report and defer final action on the proposed implementation plan until the April 24, 1978 city council meeting. All ayes - Carried. 17. Discussion of Purchase of Property at 6244-16th Avenue for Park purposes The city manager advised the council that the house at 6244 - 15th Avenue, which is adjacent to Taft Park, is nom available for purchase. As described in Council Letter No. 107, the property has been appraised at $38,000. He requested council authorization to purchase this property for that amount. 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, 5896 RESOLUTION AUTHORIZING PURCHASE OF PROPERTY AT 6244-16TH AVENUE Poll of votes: Ayes - Anderson,Jacobsen, Ludeman, Luettinger, Law. Nays - None. Carried. This resolution appears as Resolution No. 5896 in Resolution Book No. 42. Council Meeting Minutes -11- April 10, 1978 18. Proposed Procedure Relative to Baden Bowling Alley Reconstruction Clayton LeFevere, city attorney, explained the procedures required to issue a building permit to reconstruct the bowling alley and restaurant located at 801 West 77 1/2 Street that was recently destroyed by fire. As outlined in Council Letter No. 98, this location is zoned C-2 where a bowling alley is not specifically listed as a permitted use. The city attorney said there were two alternative procedures for the applicant to follow; the first would be for the applicant to submit an application for a special use permit for a bowling alley in a C-2 district, and the second would be for the city council to go through a public hearing process to determine whether bowling alleys are-a permitted use in commercial districts. Mr. Bill Baden, 5016 - 28th Avenue, Minneapolis, the owner of the property, was present. Motion by Jacobsen, seconded by Ludeman to make a determination that more than 50% of the building was destroyed and to call a hearing on April 24, 1978 to determine whether a bowling alley is a permitted use in a C-2 district without a special use permit. All ayes - Carried. 19. Resolution Establishing GolfrCourse Committee and Appointment of Citizen Members The city manager reported that this item is submitted according to the council's decision at the previous council meeting to make their appointments to the golf course committee at this meeting. The city manager pointed out that he had provided the council with copies of all the applications that had been received to date. 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 -12- April 10, 1978 RESOLUTION N0. 5897 RESOLUTION PROVIDING FOR THE ESTABLISHMENT, FUNCTION AND DISSOLUTION OF AN AD HOC CITIZEN COMMITTEE FOR THE PROPOSED RICHFIELD MUNICIPAL GOLF COURSE Poll- of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, .Law. Nays - None. Carried. This resolution appears as Resolution No. 5897 in Resolution Book No. 42. The following nominations were made: Motion by Law, seconded by Luettinger to appoint Carlton Lytle, 1400 West 74th Street, as chairman. All ayes - Carried. Motion by Anderson, seconded by Jacobsen to appoint Ted Farrington, 6839 ' Humboldt. All ayes - Carried. Motion by Ludeman, seconded by Luettinger to appoint David Vogel, 1614 Elliot. All ayes - Carried. Motion by Luettinger, seconded by Jacobsen to appoint Harold Rasmussen, 6228 Morgan. All ayes - Carried. Motion, by Jacobsen, seconded by Ludeman to appoint Dr. Irvin L. Mitby, 7505 Humboldt. All ayes - Carried. Motion by Jacobsen, seconded by Luettinger to defer the balance of the appointments to the next council meeting. All ayes - Carried. 20. Year II Community Development Block Grant Program Amendment The city manager requested council approval for a transfer of monies from the Year II Community Development Block Grant program administration budget to various other Year II project budgets as outlined in Council Letter No. 94. He said the Council Meeting Minutes -13- April 10, 1978 proposed adjustments have no effect on the total amount of Year II CD funding the city receives, but are only necessary accounting transactions to reflect the actual distribution of monies among the various activities funded by the Year II CD grant. Motion by Jacobsen, seconded by Anderson to authorize the transfer of $3,085 from Year II Community Development Block Grant administration funds to CD project 25 (housing and rehabilitation) and the transfer of $6,165 of administrative funds to CD project 27 (New Home Program). All ayes - .Carried. 21. Proposed Agreement with City of Bloomington and Richfield School District for Provision of Pre-School Screening Services The city manager requested council authorizat ion to execute an agreement with the Bloomington Health Department and the Richfield School District as outlined in Council Letter No. 100. This agreement provides for the Bloomington Health De- partment to make screening services available to all pre-school age children in Richfield. The school district will reimburse the Bloomington Health Department at a rate of $6.50 per child and there will be no cost to the city. Motion by Jacobsen, seconded by Anderson to authorize the mayor and the city manager to execute an agreement with the City of Bloomington and the Richfield School District. providing for pre-school screening services. All ayes -.Carried. 22. Payments and Estimates Motion by Anderson, seconded by Jacobsen that the following payments and estimates be approved: A. Central Landscape, Inc., Contract No. 2257, removal of lime sludge. Final payment - $39,768.60 B. Flying Cloud Landfill, Contract No. 2257, removal of lime sludge. Final payment - $20,129.06 All ayes - Carried. Council Meeting Minutes -14- April 10, 1978 23. Claims and Payrolls Motion by Luettinger, seconded by Ludeman that the following claims and payrolls be approved: SUMMIT STATE BANK Checks 37771/37795. $2,728.099.75 RICHFIELD BANK & TRUST Checks 33858/34669 General $ 550,320.02 Checks 38786/39054 Payroll 157,617.97 All ayes --Carried. 24. Licenses Council continued their discussion from the previous meeting on the Walser Buick request for a variance to erect a 35 foot sign on their property. The city manager advised that the municipal code did not allow issuance of a permit for a 35 foot pedestal sign under any conditions. Motion by Luettinger, seconded by Ludeman to confirm the fact. that the ap- plicant could make application for a sign up to 27 feet in height. All ayes - Carried. Motion..by Jacobsen, seconded by Luettinger that the following licenses be approved: Regular Renewal Renewal Renewal Kennel New New Four Seasons Equipment, Inc., 6409 Lyndale Genuine Parts, 708 West 77 1/2 Street Surfco, 7701 Lyndale Susan Marie Nelson, 7415 Aldrich Terry and Roxanne Markkhanen, 6900 Nicollet Food Vending Machine Soft drink, Cigarette Commercial kennel Residential kennel Council Meeting Minutes -15- Licenses (continued) Taxicab Drivers New James L. Zrust, 3050 - 9th Street Renewal John P. Branchern, 4814 Camden Avenue N. Renewal Patrick H. Nelson, 7139 123rd Street Renewal Timothy Michael, 4957 Virginia Avenue N. New Robb Smith, 9616 - 10th Avenue All ayes - Carried. 25. Discussion Items.. (Not on Agenda) April 10, 1978 The city manager informed the council that the city has received permission rr--~ L~ to employ.a supervisor under the CETA TITLE VI program, however, this supervisor would be used in conjunction with a TITLE III city program whereby youth employees are being used to upgrade homes. The county has provided us with an amendment form to increase our present TITLE VI contract approximately $8,000 and it was recommended that the council authorize execution of the amended contract with Hennepin County. Motion by Jacobsen, seconded by Luettinger to authorize execution of the amended contract. All ayes - Carried. 26. Adjournment Motion-by Jacobsen, seconded by Anderson that the meeting adjourn. All ayes-- Carried. Date Approved: Time: 1:00 a.m., April 11, 1978. April 24, 1978 0 Thomas J. Mo an City Clerk Loren L. Law Ma or Wayne S. Burggraaff City Manager