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05-22-1978CITY OF RICHFIELD Regular Meeting May 22, 1978 The Council of the City of Richfield met in regular session in the Council Chambers of the City Hall on Monday, May 22, 1978, at 7:00 p.m. Pastor David Yates of Wooddale Baptist Church 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 May 8, 1978, be approved as presented. A11 ayes - Carried. Absent - Ludeman. 2. Presentation Mayor Law and Councilman Jacobsen presented a certificate of appreciation to Brenda Olsen, retiring youth representative of the Human Rights Commission, in recognition of her dedicated service to the City of Richfield. 3. Hearing on Proposed Amendments to the_Comprehensive Plan The city manager presented three proposed amendments to the comprehensive plan as outlined in Council Letter No. 146. The three amendments covered the following areas: 1. Amendment to the goals and policies section of the comprehensive plan;. 2. Amendment to expand the planned size of New Ford Town Park; and 3. Amendment to incorporate an entertainment development guide dated April 13, 1978, for the area in the vicinity of 65th Street and Lyndale Avenue South. Joan Helmberger presented the planning commission recommendation. Richard Krier, planning and redevelopment director, explained the procedure by which the comprehensive plan is reviewed and updated on a yearly basis. He also commented on the proposals and recommended council approval of the amendments. Council Meeting Minutes -2- May 22, 1978 Mayor Law suggested the Goals and Policy Statements be amended on page 10, item 1, to incorporate "the elderly and handicapped" and on page 12, Policy No. 4, to delete the word "youth". Motion by Jacobsen, seconded by Luettinger to make these two changes in the Goals and Policy Statements Comprehensive Development Plan for the City of Richfield. All ayes - Carried. Absent - Ludeman. Councilman Luettinger suggested the name of Wendy's Restaurant be deleted from Amendment 3 and that "an eating establishment" be inserted instead. Motion by Anderson, seconded by Jacobsen to incorporate this change. All ayes - Carried. Absent - Ludeman. Lawrence Wozniczka, 6744 Wentworth, requested the council reconsider the deletion of Item 6 on Page 5 of the Policies which related to traffic. Motion by Luettinger, seconded by Jacobsen to return Item 6 to the Policies. All ayes - Carried. Absent = Ludeman. ' Motion by Jacobsen, seconded by Anderson to close the hearing. All ayes - Carried. Absent - Ludeman. 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. 5903 RESOLUTION AMENDING THE CITY'S COMPREHENSIVE PLAN RESOLUTION N0. 5904 RESOLUTION AMENDING THE CITY'S COMPREHENSIVE PLAN RESOLUTION N0. 5905 RESOLUTION AMENDING THE CITY'S COMPREHENSIVE PLAN Council Meeting Minutes -3- May 22, 1978 Poll of votes: Ayes - Anderson, Jacobsen, Luettinger, Law. Nays - None. Absent - Ludeman. Carried. These resolutions appear as Resolutions Nos. 5903, 5904 and 5905 in Resolution Book No. 42. 4. Request for Special Use Permit to Construct a Wendy's Old Fashioned Hamburger Business at 6500 Lyndale Avenue The planning and redevelopment director presented a request of Wendy's Old Fashioned Hamburger Restaurant for a special use permit to construct a hamburger specialty restaurant as described in Council Letter No. 147. Joan Helmberger presented the planning commission recommendation. Attorney Robert Hoffman, 1500 Northwest Financial Center, representing. Peter T. Cook, president of C & C Investments, Inc., owners of Wendy's, was present and spoke in support of the special use permit. Mr. Peter T. Cook was also present at the hearing. Stanley Olson, 6420 Vincent, spoke in favor of this special use permit. Motion by Jacobsen, seconded by Anderson to close the hearing. Poll of votes: Ayes - Anderson, Jacobsen, Law. Nays - Luettinger. Absent - Ludeman. Carried. Motion by Jacobsen, seconded by Anderson to grant the special use permit subject to the following stipulations recommended by the staff: 1. That satisfactory recordable executed easements for a 20 foot wide landscape easement :along Lyndale Avenue and a 10 foot by 10 foot landscape easement at the intersection of 65th Street and Lyndale Avenue are submitted to the city. 2. That a satisfactory agreement holding the city harmless for any damages which occur within the easements which are due to the developer's negligence is submitted to the city. ____ Poll of votes:__Ayes -_Anderson, Jacobsen, Law. Nays - Luettinger. Absent - Ludeman. Carried. Councilman Luettinger explained that he voted 'no' because, although there was a plan shown of the entire area, there was no guarantee that the balance of the area would be developed as proposed in the plan. 5. Authorization to Implement Fire Protection Study Report Recommendations The city manager reviewed the background of the fire protection study committee report since it was first presented to the council on March 27, 1978. Council Meeting Minutes -4- May 22, 197s Public safety director, Tom Morgan, summarized the recommendations of the citizens' committee. The city manager summarized implementation information contained in Council Letter No. 154. Motion by Anderson, seconded by Luettinger to adopt and approve the report of the fire protection study committee which had-been previously approved in concept at the April 10, city council meeting and to request the staff to schedule fire division personnel in such a way so that a fire service crew does routinely operate out of the west side station. All ayes - Carried. Absent - Ludeman. The following individuals were in the audience and expressed their-opinions of the proposed action: Tom Moore, president of the Richfield Firefighters Local No. 1215 Thomas E. Harms, 6400 Morgan Donald J. Priebe, 7225 Bloomington Richard L. Blevins, 7539 Washburn Harvey Chapman, 7101 Oliver Geri Christensen, 6929 - 10th Avenue Frank Lutes, 6645 Elliot Jan Bray, 6645 Portland . David Lutes, 6645 Elliot Tom Scoglia, 6410 Washburn Jan Hill, 6332. Girard Council discussion followed on how the report recommendations should be implemented. Motion by Luettinger, seconded by Jacobsen to adopt the proposed implementation plan attached as Exhibit E to Council Letter No. 154 as a .general outline of the work program and priorities for proceeding to implement the recommendations contained in the citizen report. All ayes - Carried. Absent - Ludeman. Motion by Anderson, seconded by Jacobsen to authorize the appointment of a total of 25 volunteer firefighters with 15 appointments to be made initially in October, 1978, and the remaining ten appointments to be made in March, 1979. Council Meeting Minutes -5- May 22, 197s All ayes - Carried. Absent - Ludeman. 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. 5906 RESOLUTION ESTABLISHING COMPENSATION FOR VOLUNTEER FIRE FIGHTERS Po11 of votes: Ayes - Anderson, Jacobsen, Luettinger, Law. Nays - None. Absent - Ludeman. Carried. This resolution appears as Resolution No. 5906 in Resolution Book No. 42. Council recessed at 10:30 p.m. for intermission and reconvened at 10:45 p.m. 6. Proposed Transitory Ordinance Concerning Charter Provision Amendments on Ethics Tom Harms, 6400 Morgan Avenue, representing the Charter Commission, presented a proposed transitory ordinance which would amend the city charter with respect to ethics provisions, as reported in, Council Letter No. 151. Sid Sanford, 7000 Portland, spoke concerning application of the proposed amendment. The proposed amendment was read by the city attorney. He advised that it would become effective 90 days after it is passed. Motion by Jacobsen, seconded by Luettinger to defer further consideration of this item to the first council meeting in June so all council members could Councilman Luettinger did not object to the ethics amendment proposed by be present. the Charter Commission, but merely wanted to defer consideration until until Councilman Ludeman was present. A11 ayes - Carried. Absent - Ludeman. 7. Resolution Approving the Sale of Certain Real Property - New Ford Town Lots The planning and redevelopment director reviewed the bids that had been received for several lots the city had advertised for sale as outlined in Council Letter No. 148. He enumerated the criteria adopted by the city council for sale of these properties as follows: Council Meeting Minutes -6- May 22, 1978 1. Proposals should provide for the development of a three or four bedroom single family dwelling on each lot, through on-site construction or by moving an already built structure to a lot; 2. Multi-family units could be developed where appropriate; 3. If all criteria were met, the bid should be awarded to the proposer offering the highest price. Bill Gauger, 6417 - 22nd Avenue, asked that he be awarded the sale of the lot next to his house even though he did not intend to build in accordance with the bid specifications. After discussion, council members concluded they should not make any special exceptions to the bid specifications. The following individuals spoke in interest concerning their bids: Mr. Larry Stein, 8820 Crestwood Road Mrs. Sheryl Rosen, 6515 Grand 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 provided that the recommended bid prices on these lots are equal to or in excess of the assessor's market value appraisal. _ RESOLUTION N0. 5907 RESOLUTION AUTHORIZING SALE OF CERTAIN REAL PROPERTY - NEW FORD TOWN LOTS Poll of votes: Ayes - Anderson, Jacobsen, Luettinger,. Law. Nays - None. Absent - Ludeman. Carried. This resolution appears as Resolution No. 5907 in Resolution Book No. 42. 8. Selection of Golf Course Site Architect The city manager reviewed the events that had transpired in the selection of a golf course site architect since the city council had authorized the city manager to interview golf course architects on January 23, 1978, as outlined in Council Letter No. 142. Council Meeting Minutes -7- May 22, 1978 Carlton Lytle, 1400 West 78th Street, committee chairman, and Bob Hoberg, 7105 - 17th Avenue, committee member of the Golf Course Committee, reported the committee had recommended appointing Brauer and Associates as the architect. Bob Stai, 7439 Bloomington, also a committee member, recommended the council approve the selection of Brauer and Associates. Motion by Anderson, seconded by Jacobsen to approve the recommendation of the staff, the citizens' committee and the park and recreation commission to approve Brauer and Associates as the golf course site architect. Poll of votes: Ayes - Anderson, Jacobsen. Nays - Luettinger, Law. Motion failed. Mayor Law stated he had voted "no" because Councilman Ludeman was not present and he preferred to take a vote when the full council was present. Don Anderson, 6724 Wentworth, a member of the park and recreation advisory commission, and Mr. Lytle asked for more direction or further consideration for the committee to work on. Motion by Luettinger, seconded by Law to defer further consideration of this item to the special council meeting of May 30, 1978, to permit all council members to be present and to enable the' golf course committee to prepare a more detailed report. All ayes - Carried. Absent - Ludeman. 9. Traffic Control Requests Joyce Wilde, administrative assitant, presented the traffic control committee's recommendations for the following tra€fic control devices: 70th Street and Sheridan Avenue, 70th _S_treet and Russell Avenue The committee recommended installation of a one-way stop sign on Sheridan and Russell Avenues at 70th Street. M~. Stephen W. Santos, 6936 Russell, appeared in support of the request for installation of this atop sign. Council Meeting Minutes -8- May 22, 1978 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 apart of these minutes: RESOLUTION N0. 5908 RESOLUTION RELATING TO TRAFFIC CONTROL SIGNS "STOP" SIGNS ON 70TH STREET AT RUSSELL AVENUE MAKIlVG INTERSECTION A THREE-WAY STOP Poll of votes: Ayes - Anderson, Jacobsen, Luettinger, Law. Nays - None. Absent - Ludeman. Carried. This resolution appears as Resolution No. 5908 in Resolution Book No. 42. 6800 Block of West Pleasant Avenue The committee recommended changing the on-street parking restrictions from "No Parking on School Days, 8:00 a.m..to 4:30 p.m."~ to "No Parking on School Days, 8:00 a.m, to 10:30 a.m." 7700 Block of Pillsbury Avenue The committee recommended installation of "No Parking Anytime" restrictions on the west side of this block. 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. 5909 RESOLUTION RELATING TO TRAFFIC CONTROL SIGNS "NO PARKING ON SCHOOL DAYS, 8:00 A.M. TO 10:30 A.M." ON THE 6800 BLOCK OF WEST PLEASANT AVENUE RESOLUTION N0. 5910 RESOLUTION RELATING TO TRAFFIC CONTROL SIGNS "NO PARKING ANYTIME" ON THE WEST SIDE OF THE 7700 BLOCK OF PILLSBURY AVENUE SOUTH Po11 of votes: Ayes - Anderson, Jacobsen, Luettinger, Law. Nays - None. Absent - Ludeman. Carried. These resolutions appear as Resolutions Nos. 5909 and 5910 in Resolution Book No. 42. Council Meeting Minutes -9- May 22, 1978 East Pleasant Avenue, 73rd to 76th Street The committee recommended changing the present one-way designation of this street to provide for two-way traffic, with the stipulation that both sides of the street be posted "No Parking Anytime". Mr. John Fay, 7527 Pleasant Avenue, requested the council not to change the one-way traffic designation because of the narrowness of the street. Motion by Jacobsen, seconded by Anderson to defer action on this item to the next meeting for more detailed information. All ayes - Carried. Absent - Ludeman. Central School (extra item) Ms. Wilde advised that Central School had contacted the staff and requested the present traffic restrictions posted by the school be changed. 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. 5911 RESOLUTION RELATING TO TRAFFIC CONTROL SIGNS "NO PARKING 8:00 A.M. TO 10:30 A.M." ON THE NORTH SIDE OF 72ND STREET FOR A DISTANCE OF 440 FEET EASTERLY FROM HARRIET AVENUE (TO THE EXISTING SCHOOL BUS GARAGE DRIVEWAY AREA) Poll of votes: Ayes -Anderson, Jacobsen, Luettinger, Law.' Nays - None. Absent - Ludeman. Carried. This resolution appears as Resolution No. 5911 in Resolution Book No. 42. 10. Denial of Arcade License Mr. William B. White, 8124 Thomas Avenue, addressed the council regarding his application for an arcade license at 8.16 West 77 1/2 Street, which is outlined in Council Letter No. 140. He said the ordinance licensing restrictions did not Council Meeting Minutes -10- May 22, 1978 fit his requirements for an arcade license and he was withdrawing his application. The council accepted the withdrawal and informed Mr. White his license application fee would be returned to him. 11. Ordinance Amendment Relating to Setting Date for Candidates to File for Office. Second 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 Jacobsen, seconded by Anderson that this constitute a second reading of Bill 1978-8; that it be published in the official newspaper and that it be made a part of these minutes. Po11 of votes: Ayes - Anderson, Jacobsen, Luettinger, Law. Nays - None. Absent - Ludeman. Carried. 12. Ordinance Amendment Relating to Parking on Public Propert First Reading. Bill 1978-12, "An Amendment to Chapter IX, Section 9.03 of the Ordinance Code of the City of Richfield", regulating parking and stopping, was read and reviewed by the city attorney, the $ame _b~ing on~ file ,in the office of tb~e. city'clerk. (C-9828) Motion by Jacobsen, seconded by'Luettinger that this constitute a first reading of Bill 1978-12; that it be published in the official newspaper and that second reading of this ordinance amendment be scheduled for the council. meeting of June 12, 1978. Poll of votes: Ayes - Anderson, Jacobsen, Luettinger, Law. Nays - None. Absent - Ludeman. Carried. 13. Acquisition of City Owned Property The city manager informed the council that the HRA had authorized the executive director to purchase part of the city owned Lyndale Avenue Liquor store property,as described in Council Letter No. 153. He said the council must adopt a transitory 1 ordinance providing for sale of this property before the transaction may be completed. Council Meeting Minutes -11- May 22, 1978 Bi11 1978-13, Transitory Ordinance No. 16.47, "An Ordinance Providing for the Disposition of Certain Real Property in the City", was read and reviewed by the city attorney, the same being on file in the office of the city clerk. (C-9829) Motion by Jacobsen, seconded by Luettinger that this constitute a first reading of Bi11 1978-13; 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, Luettinger, Law. Nays - None. Absent - Ludeman. Carried. 14 Appointments to the Citizens' Golf Course Coimnittee and Selection of Golf Course Site Architect Motion by Anderson, seconded by Jacobsen to defer these items. to the meeting of May 30, 1978. All ayes - Carried. Absent - Ludeman. 15. Authorization to Ca11 for Bids The city manager recommended the council authorize call for bids for replacement of water tower level indicators and controls in both the city's water towers as outlined in Council Letter No. 143. Motion by Anderson, seconded by Luettinger to authorize the call for bids for these replacement components for the water towers. A11 ayes - Carried. Absent - Ludeman. 16. Authorization to Ca11 for Bids The city manager recommended the council authorize advertising for bids to acquire a 27,500 GVW truck. This truck will replace an existing truck that is 24 years old, and is outlined in Council Letter No. 139. Motion by Anderson, seconded by Luettinger to authorize the call for bids. All ayes - Carried. Absent - Ludeman. 17. Authorization to Call for Bids The city manager recommended the council authorize the staff to advertise for bids Council Meeting Minutes -12- May 22, 1978 for street repairs to 12th Avenue between 66th and 70th Street, as outlined in Council Letter No. 145. Motion by Anderson, seconded by Luettinger to authorize this call for bids. All ayes - Carried. Absent - Ludeman. 18. Lifting of Vacancy Moratorium The city manager recommended the council lift the moratorium on position appointments to permit filling a vacancy of water maintenanceman. Motion by Jacobsen, seconded by Luettinger to lift the moratorium to permit filling this position. All ayes - Carried. Absent - Ludeman. 19. Approval of 1978/79 Agreement with Richfield Police Supervisors Bargaining Unit The city manager presented a new 1978-1979 agreement which had been negotiated between the City of Richfield and the Richfield Police Supervisors Association, which is outlined in detail in Council Letter No. 155. He recommended the city council adopt the two resolutions necessary to implement this agreement. Motion by Anderson,. seconded by Jacobsen that the following resolutions be adopted; that they be spread in the resolution book and that they be made apart of these minutes: RESOLUTION N0. 5912 RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF RICHFIELD AND THE RICHFIELD POLICE SUPERVISORS ASSOCIATION FOR THE YEARS 1978-1979 RESOLUTION N0. 5913 RESOLUTION AUTHORIZING TRANSFER OF APPROPRIATIONS FROM THE 1978 CONTINGENCY ACCOUNT TO THE PUBLIC SAFETY DEPARTMENT Poll of votes: Ayes - Anderson, Jacobsen, Luettinger, Law. Nays - None. Absent - Ludeman. Carried. These resolutions appear as Resolutions Nos. 5912 and 5913 in Resolution Book No. 42. Council Meeting Minutes -13- May 22, 1978 ~J Renewal West Richfield Girls Softball Auxilary Soft drink Renewal East Richfield Little League Itinerant food, soft 20. Payments and Estimates Motion by Jacobsen, seconded by Luettinger that the following payment and estimate be approved; Earl Weikle and Sons, Inc., Report ~~l and final, Contract 2250, City Project No. 694, Lyndale-Cedar Basement exits - $3,865 All ayes - Carried. Absent - Ludeman. 21. Claims and Payrolls Motion by Luettinger, seconded by Jacobsen that the following claims and payrolls be approved: RICHFIELD BANK & TRUST Checks 33923/35210 $ 788,015.74 SUMMIT STATE BANK Checks 39638/39674 General $1,102,584.43 Checks 39339/39617 Payroll $ 149,103.35 All ayes - Carried. Absent - Ludeman 22. Licenses Motion by Anderson, seconded by Jacobsen that the following licenses be approved: Fee Waived New Wickes Softball Toruney, Taft Field May 6, 7 Taft Park Regular New Beeks Pizza Softball Tournament May 20, 21, Taft Park New Kenney Family Foods, 6700 Penn New Equity Construction, 561 - 3rd Street, Excelsior Signs Fee Waived New Optimist Club, June 15, 16 Hole in One Tournament drink Itinerant food, soft drink Food, soft drink Ice machine, food, soft drink Sign erector Canvas sign Council Meeting Minutes -14- May 22, 1978 Licenses - Continued Signs Regular New Holy Angels, 66th and Nicollet Taxicab Drivers New Richard Jamison, 2524 Meridan Drive New Daniel Shepard, 1819 - 15th Avenue South Renewal Brian Johnson, 3104 Cedar Avenue New Peter Holliday, 2533 - 3rd Avenue A11 ayes - Carried. Absent - Ludeman. License Application Not on Aeenda Single face brick 6-8 foot Motion by Anderson, seconded by Jacobsen to approve the following license for temporary banners: Temporary Banners New Genuine Parts Co., 714-16-18 - 77 1/2 Street Temporary banne 60 days All ayes - Carried. Absent - Ludeman. 23. Adjournment Motion by Luettinger, seconded by Jacobsen that the meeting adjourn. All ayes - Carried. Absent - Ludeman. Date Approved; June 12, 1978 Thomas J. ran City Clerk