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05-08-1978 CITY OF RICHFIELD Regular Meeting May 8, 1978 The council of the City of Richfield met in regular session in the council chambers of the city hall on Monday, May 8, 1978, at 7:00 p.m. Pastor David Wilder of Bethany Covenant 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 Jacobsen, seconded by Luettinger that the minutes of the regular council 1 meeting of April 24, 1978, be approved as presented. A11 ayes - Carried. Absent - Anderson. 2. Presentation by Metropolitan Council Representative Mr. Patrick Colbert, Metropolitan Council member representing district 9, presented the city a check in the amount of $5,480. This check represents a grant awarded to Richfield to assist in the updating of our comprehensive plan under provisions of the Metropolitan Land Planning Act passed by the Minnesota Legislature in 1976. The city council thanked Mr. Colbert for making the presentation and accepted the check .with appreciation. Councilman Anderson arrived at 7:10 p.m. 3. Report from Richfield Advisory Board of Health Mr. William Siemers, Chairman of the Advisory Board of Health, presented a report of the Board's activities for the previous year. Mary Jane Stern, 6625 Newton, and Helen Cummings, 6301 Lyndale, members of the Advisory Board of Health, were also present. Motion by Jacobsen, seconded by Luettinger to receive the report and to express the council's thanks and appreciation to all the board members for their efforts. A11 ayes - Carried. Council Meeting Minutes -2- May 8, 1978 4. Request for Variance to the Zoning Ordinance, 817 E. 66th Street Richard Krier, planning and redevelopment director, reviewed the request of Mr. Clifford Hoffman for a variance to the service station canopy design requirements to allow him to construct a free-standing canopy at his service station located at 817 East 66th Street, as outlined in Council Letter Nq. 127. Mr. Krier presented the staff's recommendation for correction of curb cuts on 66th Street and Elliot Avenue. Joan Helmberger presented the planning commission's recommendation which favored granting the variance. Dean Lewis, representing Pump & Meter, 2711 E. Franklin, who will be building the canopy for Mr. Hoffman, described the proposed construction. Mr. Clifford Hoffman spoke against changing curb cuts to 90 degrees and indicated he would be willing to close the Elliot curb cut nearest to 66th Street. Gordon McKinnon, 7308 Upton, spoke in favor of 90 degree curb cuts. Mr. Edelman, attorney for Mr. Hoffman, spoke in favor of this variance request indicating this is a relocation and every consideration should be given to the applicant. Motion by Ludeman, seconded by Luettinger to approve the granting of this variance with the following stipulations: 1. That the south curb cut on Elliot Avenue be closed. 2. That one 90 degree curb cut on Elliot Avenue be constructed in conformance with city ordinance. Po11 of votes: Ayes - Jacobsen, Ludeman, Luettinger, Law. Nays - Anderson. Carried. 5. Request for Rezoning, 6629 Harriet Avenue Richard Krier, planning and redevelopment director, reviewed the request of Mr. Carl McBride of Richfield State Agency, 6625 Lyndale Avenue, for a zoning district change from Residence (R) to General Commercial (C-2) for the property located at 6629 Harriet, as outlined in Council Letter No. 126. Mr. McBride proposes to use this property to expand an existing parking lot adjacent to it. Council Meeting Minutes -3- May 8, 1978 Mr. Carl McBride appeared in support of the request. Joan Helmberger reviewed the planning commission's recommendation for approval of the rezoning. The city attorney suggested that the record show the owner's intent to use the property as a parking lot, but noted the rezoning would change the property from "Residential" to "Commercial" use and as such, any permitted commercial. use could be made of the property in the future. Motion by Ludeman, seconded by Luettinger to close the hearing. A11 ayes - Carried. Motion by Ludeman, seconded by Jacobsen that this constitute first reading of Bill 1978-11, "Amendment to Appendix C of the Ordinance Code of the City of Richfield, Minnesota", the same being on file in the office of the city clerk, (C-9824) and to order publication of the ordinance amendment. Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nays - None. Carried. Motion by Luettinger, seconded by Jacobsen to request the staff to consult with the property owners regard repairing Harriet Avenue between 66th and 67th Streets. A11 ayes - Carried. 6. Ordinance Amendment Relating to Street Vacations, Second Reading Bill 1978-7, "An Amendment to Chapter XII, Part I, Section 12.04 of the Richfield Ordinance Code", dealing with the vacation of streets, was reviewed by Clayton LeFevere, city attorney, the same being on file in the office of the city clerk. (C-9823) Motion by Anderson, seconded by Jacobsen that the following changes be made to Subdivis3.ons 2 and 3: In Subdivision 2, "prescribed" be deleted and "petition of the owners of" be added, and in Subdivision-3, "any" be deleted; the finalized ordinance amendment being -- Council Meeting Minutes -4- May 8, 1978 "Subd. 2. Council Authority; Petition. The council may by ordinance vacate any street, alley, public grounds, or any part thereof, upon the petition of the owners of half of the land abutting on the street, alley, public grounds, or part thereof to be vacated. Subd. 3. Receipt of Petition; Notice of Hearing. The council shall by resolution acknowledge receipt of the prescribed petition which complies with the provisions of Subdivision 2. The resolution shall also set the date for a public hearing on the proposed street vacation. No such vacation shall be made unless it appears in the interest of the public to do so and only after a hearing preceded by two weeks published and posted notice." All ayes - Carried. Motion by Anderson, seconded by Jacobsen that this constitute a second reading of Bi11 1978-7; 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, Law. Nays - None. Carried. 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. 5902 RESOLUTION RELATING TO THE ADMINISTRATION OF THE STREET, ALLEY AND PUBLIC GROUND VACATION PROCESS Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nays - None. Carried. This resolution appears as Resolution No. 5902 in Resolution Book No. 42. 7. Ordinance Amendment Setting Date for Candidate to File for Office, First Reading Bill 1978-8, "An Amendment to Chapter II, Part V of the Ordinance Code of the City of Richfield", relating to municipal elections, was read and reviewed by the city attorney, the same being on file in the office of the city clerk. (C-9825) Motion by Ludeman, seconded by Anderson, that this constitute a first reading of Bill 1978-8; that it be published in the official newspaper and that second reading of this ordinance amendment be scheduled for May 22, 1978. Council Meeting Minutes -5- May 8, 1978 Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nays - None. Carried. 8. Ordinance Amendment Relating to Parking in Public Alleys, First Reading Bill 1978-9, "An Amendment to Chapter IX, Section 9.03 of the Ordinance Code of the City of Richfield", relating to illegal parking and stopping, was read and reviewed by the city attorney, the same being on file in the office of the city clerk, (B-9826) Motion by Jacobsen, secunded by Luettinger that this constitute a first reading of Bi11 1978-9; that it be published in the official newspaper and that second reading of this ordinance amendment be scheduled for June 12, 1978. Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nays - None. Carried. 9. Purchase in Excess of $1,000 The city manager recommended approval of two purchases in excess of $1,000, as outlined in Council Letter No. 129; repainting and body work for 1250 GPM fire pumper engine, and the purchase of two all aluminum bleachers for Christian Park. Motion by Luettinger, seconded by Anderson to authorize the fire pumper engine repair in the amount of $2,335 from Metropolitan Truck and Body Repair, Inc. and the purchase of bleachers from Earl F. Anderson and Associates in the amount of $1,316. All ayes - Carried. 10. Authorization to Ca11 for Bids for Central Garage Improvements The city manager recommended calling for bids to continue the central garage improvement project as described in Council Letter No. 133. Motion by Anderson, seconded by Jacobsen to authorize the advertisement for bids for renovations and improvements to the central garage. All ayes - Carried. Council Meeting Minutes -6- May 8, 1978 Bill 1978-10, "Transitory Ordinance No. 16.46, "An Ordinance for the Expenditure of Money from the Special Revenue Fund for Certain Capital Improvements", was read and reviewed by the city attorney, the same being on file in the office of the city clerk. (C-9827) Motion by Jacobsen, seconded by Anderson that this constitute a first reading of Bill 1978-19; that it be published in the official newspaper and that second reading of this transitory ordinance be scheduled for June 12, 1978. Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nays - None. Carried. 11. Appointments to Human Ri hts Commission Councilman Jacobsen presented applications for appointment to the Human Rights Commission position vacancies outlined in Council Letter No. 130. The council made the following appointments: Motion by Jacobsen, seconded by Ludeman to reappoint Diane Olson, 7532 Fremont Avenue, and Mary Jane Samples, 7001 Sheridan Avenue, to a three year term, expiring in May, 1981. All ayes - Carried. Motion by Jacobsen, seconded by Luettinger to appoint Dawn Nilsen, 6629 Newton Avenue, and Jeanne Cosgrove, 7344 Elliot Avenue, to serve one year youth terms. A11 ayes - Carried. Motion by Jacobsen, seconded by Anderson to appoint William Stixrud, 6700 Pleasant Avenue, to serve a three year term, expiring May, 1981. All ayes - Carried. 12. Appointments to Citizens Golf Course Advisory Committee Motion by Jacobsen, seconded by Luettinger to defer consideration of this item to the next council meeting. All ayes - Carried. Council Meeting Minutes -7- May 8, 1978 13. Selection of Golf Course Building Architect Motion by Jacobsen, seconded by Luettinger to defer this item to the next council meeting. A11 ayes - Carried. 14. Selection of Golf Course Site Architect Motion by Jacobsen, seconded by Luettinger to defer this item to the next council meeting. All ayes - Carried. 15. Block Party Street Barricade Requests The city manager presented two requests for barricades for block parties as outlined in Council Letter No. 122. Motion by Ludeman, seconded by Anderson to approve the erection of barricades at the two following locations with the stipulation that the barricades be erected in such a way as to permit ingress and egress of emergency vehicles should this be necessary during the time of the block parties: Mr. and Mrs. Gene Illg, 6909 - 4th Avenue, on July 3, 1978; and Mrs. Hurley, 6414 - 17th Avenue, on June 4, 1978, between the hours of 12:00 noon and 7:00 p.m. All ayes - Carried. 16. Proposed Wine Licensing Ordinance The city manager reviewed the background of the proposed wine licensing ordinance as presented in Council Letter No. 132, indicating it had been requested at the March 13, 1978, city council meeting. The city manager and city attorney commented on provisions of the proposed ordinance. George Karnas, 2921 Washburn Circle, president of the Chamber of Commerce, spoke in support of issuing wine licenses, but expressed the hope that the process would be carefully and fairly regulated by any ordinance adopted by the city council. Council Meeting Minutes -8- May 8, 1978 The city attorney suggested it may be desirable to have fairly restrictive ordinance requirements initially when moving into a new untested area and that they could always be amended at a future time. Motion by Ludeman to set the limit of licenses at 4, require a minimum of 4,800 square feet in the restaurant, and an evaluation of $500,000 as of 1970. Motion died for lack of a second. Motion by Jacobsen, seconded by Anderson to set a limit of 2 licenses; require a minimum of 4,800 square feet, and an evaluation of $140,000 at the 1978 market value. Poll of votes: Ayes - Anderson, Jacobsen. Nays - Ludeman, Luettinger, Law. Motion failed. Mayor Law asked the staff to obtain comparative information on other communities' experience with wine licensing and report back to the council on June 12, 1978. Council members agreed to defer consideration of this matter until that date. Council recessed at 9:26 p.m. to conduct the HRA meeting and reconvened at 10:01 p.m. 17. Discussion of 1978/79 Association of Metropolitan Municipalities Dues Mayor Law presented a memorandum from the Association of Metropolitan Munic- ipalities stating the association would be increasing the dues for the 1978/79 fiscal year (June 1 - May 31). The annual dues for the City of Richfield would be $3,887, an increase of $790 over previous years. Motion by Luettinger, seconded by Ludeman to request that the staff obtain information on salaries for association staff members. All ayes - Carried. Richard Blevins, 7539 Washburn Avenue, asked about the amount of dues increase and asked if this was an across the board increase. The city manager explained the Association dues are assessed at a percentage of the member city's LMC dues. [' Motion by Jacobsen, seconded by Law to defer further consideration of this Council Meeting Minutes -9- May 8, 1978 item to the first meeting in June. A11 ayes - Carried. Mayor Law and council members Luettinger and Ludeman agreed to attend the annual AMM meeting on May 17th. 18. Claims and Payrolls Motion by Ludeman, seconded by Jacobsen that the following claims and payrolls be approved: RICHFIELD BANK AND TRUST Checks 33912/35032 $146,794.95 SUMMIT STATE BANK Checks 39619/39627 General $ 61,539.80 Checks 39058/39335 Payroll $147,886.16 All ayes - Carried. 19. Licenses Motion by Anderson, seconded by Luettinger that the following fee waived licenses be approved: Fee Waived Renewal West Richfield Little League Ice machine, food, Retail candy, soft Drink Renewal West Richfield Babe Ruth Ice machine, food, Retail candy, soft Drink A11 ayes - Carried. Motion by Luettinger, seconded by Ludeman that the following regular and taxicab licenses be approved; Regular New Clark Super 100, 220 West 66th Street Vending machine Renewal James Cutler, 7738 Colfax Avenue Commercial kennel Renewal ~ Lakeland TV Service, 6417 Lyndale Avenue Soft drink Council Meeting Minutes -10- Licenses Continued Taxicab Drivers New Thomas Elsberry, 8044 - 14th Avenue New Dale Cayler, 8917 Wentworth Avenue New Terry Welch, 4921 - 2nd Avenue New Kurt Hagen 9601 Clinton Avenue New Donald Heathcute, 10201 Cedar Lake Road All ayes - Carried. 20. Moratorium on Position Vacancies May 8, 1978 Don Fondrick, park and recreation director, recommended the council lift the position appointment moratorium to permit the filling of a park maintenance man position. Motion by Anderson, seconded by Luettinger To lift the moratorium on filling position vacancies for this position. Poll of votes: Ayes - Anderson, Jacobsen, Luettinger, Law. Nays - Ludeman. Carried. The city manager recommended the council lift the position appointment moratorium to permit the filling of an associate planner position. Motion by Anderson, seconded by Jacobsen to approve filling of the associate planner position for a period of time not to exceed 18 months. A11 ayes - Carried. Lawrence Wozniezka, 6744 Wentworth, asked the salary level of the associate planner position and stated he was opposed to filling the position. 21. Setting Date of Hearing on Adjustment in Base Used to Calculate the Annual Levy Limit The city manager recommended the council establish a hearing date to consider an adjustment in the base figure used to calculate the annual levy limit, as outlined in Council Letter No. 137. He suggested the council set the date of June 12, 1978, for the hearing. Motion by Anderson, seconded by Luettinger to set the date of hearing for r , I~ L__.J Council Meeting Minutes -11- May 8, 197s June 12, 1978, 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: RESOLUTION N0. 5901 RESOLUTION RELATING TO PROPOSED INCREASE IN LEVY LIMIT BASE AND ESTABLISHING HEARING DATE TO CONSIDER SUCH A PROPOSAL Po11 of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nays - None. Carried. This resolution. appears as Resolution No. 5901 in Resolution Book No. 42. Lawrence Wozniczka, 6744 Wentworth, stated he was opposed to holding such a hearing and expressed the opinion that the city council should reconsider their vote to hold this hearing. 22. Non-Agenda Item The council discussed the need to meet with the city staff to discuss city services, in connection with developing the 1979 operating budget. Motion by Jacobsen, seconded by Law to set a special meeting on Monday, May 15, 1978, at 6:00 p.m. to discuss this matter. All ayes - Carried. 23. Adjournment Motion by Anderson, seconded by Jacobsen that the meeting ad3ourn. I 1 ~~ All ayes - Carried. Time: 11:15 p.m. Date Approved: May 22, 1978 ~ `~~~ ~~V Thomas J. ran City Clerk ~- Wayne S. Burggraaf Cit pager