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06-26-1978CITY OE RICHFIELD Regular Meeting June 26, 1978 The Council of the City of Richfield met in regular session in the Council Chambers of the City Hall on Monday, June 26, 1978, at 7:00 p.m. The meeting was called to order by Mayor Loren L. Law. Present: Anderson, Jacobsen, Law Absent: Ludeman, Luettinger 1. Minutes Motion by Jacobsen, seconded by Anderson that the minutes of the regular meeting of June 12, and the special meeting of June 20, 1978, be approved as submitted. All ayes - Carried. Absent - Ludeman, Luettinger. 2. Resolution of Support for Ton McCartnev Tom Morgan, public safety director, reported on a problem Mr. Tony McCartney, a local businessman, has encountered in trying to immigrate his family here from England. Mr. McCartney moved to Richfield in 1977 and is operating Britahomes Paint and Wallpaper Store. Since his arrival, a moratorium was placed on additional immigrations into this country and he has requested the aid of our city government in contacting Washington to intervene in his efforts to bring his family here. Mr. Morgan presented a resolution for council consideration which could be transmitted to ~~ice President Mondale, requesting him to intervene with Secretary of State Cyrus Vance to aid Mr. McCartney. Mr. Tony McCartney appeared before the council, reported on his efforts to date and expressed his desire to expedite the process. Motion by Jacobsen, seconded by Anderson that the following resolution be adopted; that it be sent to the proper United States authorities; that it be spread in the resolution book and that it be made a part of these minutes: Council Meeting Minutes -2- June 26, 1978 RESOLUTION N0. 5922 RESOLUTION IN SUPPORT OF TONY MCCARTNEY Poll of votes: Ayes - A~iderson, Jacobsen, Law. Nays - None. Absent - Ludeman, Luettinger. Carried. This resolution appears as Resolution No. 5922 in Resolution Book No. 42. 3. ___ Public Hearin, Determination of Permitted Land Uses in a C-1 Neighborhood District Richard Krier, planning and redevelopment director, reviewed the request of Mr. David Williams to sell his property at 7344 Cedar Avenue to Bolt Electric, Inc. for use as an office and inside storage facility, as outlined in Council Letter No. 197. Mr. Krier said the staff had determined that this proposed use in a C-1 neighborhood business district is not of the same character as other land uses listed in the city ordinance as uses permitted in neighborhood business districts. David Williams, 15517 Excelsior Boulevard, owner of the property, spoke in favor of his request. Jay Herman, 2853 West 77 1/2 Street, who is associated with Bolt Electric, Inc., also spoke in favor of the proposed use of the property. Motion by Jacobsen, seconded by Anderson to close the hearing. A11 ayes - Carried. Absent - Ludeman, Luettinger, Motion by Jacobsen, seconded by Anderson that the council determines that an electrical contractor's office is a permitted use in a C-1 District as long as the following conditions are met: 1. That the use comply with all off-street parking requirements; 2. That no outside storage be allowed; 3. That no a<~pansion of the existing structures be allowed; and 4. That no over-night parking of commercial vehicles be allowed to exist. All ayes - Carried. Absent - Ludeman, Luettinger. Council Meeting Minutes -3- June 26, 1978 4. Tabulation of Bids and Award of Contract, Water Treatment Plant Controls Carl Marinics, public works director, reviewed the bids received for control modifications and appurtenant work at the water treatment plant, as outlined in Council Letter No. 187. He reported the bids had been reviewed by Orr-Schelen- Mayeron, and it was recommended that the low bid of Bentec Engineering Corp., in the amount of $6,943 be awarded. Motion by Jacobsen, seconded by Anderson to approve the bid minutes. All ayes - Carried. Absent - Ludeman, Luettinger. Motion by Jacobsen, seconded by Anderson to approve the bid of Bentec Engineering Corporation in the amount of $6,943. All ayes - tarried. Absent - Ludeman, Luettinger. 5. Tabulation of Bids and Award of Contract, Slurry Coat, 12th Avenue Joyce Wilde, acting city manager, reviewed the bid received for the slurry coat for resurfacing 12th Avenue from 66th Street to 70th Street as outlined in Council Letter No. 186. Inasmuch as only one bid was submitted, she recommended the council accept the bid received. Carl Marinics, public works director, .answered questions about the slurry coat process. Motion by Jacobsen, seconded by Anderson to approve the bid minutes. All ayes - Carried. Absent - Ludeman, Luettinger. Motion by Jacobsen, seconded by Anderson to approve the acting city manager's recommendation and award the bid of $7,494 to Slurry Kote Service, Inc. All ayes - Carried. Absent - Ludeman, Luettinger. 6. Tabulation of Bids and Award of Contract for Purchase of a 4 Wheel Drive Truck Joyce Wilde, acting city manager, reviewed the bids received for a 27,500 G.V.W. four-wheel drive truck as outlined in Council Letter No. 188. She indicated Council Meeting Minutes -4- June 26, 1978 the low bid was received from Bob Carter Ford and recommended the council award the bid to this firm. Motion by Anderson, seconded by Jacobsen to approve the bid minutes. All ayes - Carried. Absent - Ludeman, Luettinger. Motion by Anderson, seconded by Jacobsen to approve the acting city manager's recommendation and award the contract of $27,233.12 to Bob Carter Ford. A11 ayes - Carried. Absent - Ludeman, Luettinger. 7. Purchase in Excess of $1,000 The acting city manager informed the council that the city staff was preparing a newsletter to be distributed to the area residents which would require postage in the amount of $1,215. She recommended the council approve this purchase in excess of $1,000. Motion by Anderson, seconded by Jacobsen to approve this purchase in the amount of $1,215 for postal costs for this newsletter. All ayes - Carried. Absent - Ludeman, Luettinger, 8. Request for Reconsideration of Stipulations Attached to Variance, 817 E. 66th Street Mayor Law indicated Mr. Clifford Hoffman, the applicant, had requested deferral of this item until July 10, 1978. Motion by Jacobsen, seconded by Anderson to defer this item as requested by the applicant. All ayes - Carried. Absent - Ludeman, Luettinger. 9. Application to Move Dwelling Into the City Joyce Wilde, acting city manager, presented the application of Mr, and Mrs. Louis Couture, 8554 Cedar Avenue, Bloomington, to move a house from that address to 6539 - 22nd Avenue in Richfield, as outlined in Council Letter No. 191. She recommended the council approve this application subject to certain stipulations. Motion by Jacobsen, seconded by Anderson to approve this application to move Council Meeting Minutes -5- June 26, 1978 the dwelling subject to the following stipulations: 1. Install new basement floor and make wall repairs 2. Redo masonry work for fireplace 3. Repaint all interior and exterior surfaces 4. Repair or replace stucco 5. Increase attic height and insulation 6. Install new heating plant 7. Install new electric service 8. Regrade, sod and landscape as approved by the inspection department. 9. Repair garage 10. Obtain proper permits as required by inspection division. 11. Provide surety in the form of a bond or cash deposit, in the amount of $10,550, to insure compliance with the above stated stipulations. A11 ayes - Carried. Absent - Ludeman, Luettinger. 10. Approval of Off-Street Parking Agreement, Wendy's Restaurant, 6500 Lyndale Avenue Joyce Wilde, acting city manager, presented the request of Mr. and Mrs. Gordon Strom,6530 Lyndale Avenue, for permission to establish an off-street parking lot at 6500 Lyndale Avenue. This parking lot will be used to support the commercial activity anticipated by the construction of a Wendy's Restaurant at the corner of 65th Street and Lyndale Avenue, as outlined in Council Letter No. 192. She recom- mended the council authorize an off-street parking agreement inasmuch as the applicant has agreed to comply with ordinance provisions and the following stipulations: 1. That the applicant provide the city with a twenty foot easement along Lyndale Avenue for sidewalk and landscape purposes; 2. That the applicant provide the city with a ten foot easement, ten feet wide, at the northeast corner of the property for traffic signal control purposes; 3. That sidewalks and landscaping fronting Lyndale and 65th Street will be provided by the city and assessed to the applicant. 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: Council Meeting Minutes -6- June 26, 1978 RESOLUTION N0. 5924 RESOLUTION APPROVING LAYOUT AND CONTRACT FOR OFF-STREET PARKING IN ACCORDANCE WITH APPLICATION N0. 78-7, CONTRACT N0. 2268 Mr. and Mrs. Gordon Strom Location: 6500 Lyndale Avenue Use: Wendy's Restaurant Poll of votes: Ayes- Anderson, Jacobsen, Law. Nays - None. Absent - Ludeman, Luettinger. Carried. This resolution appears as Resolution No. 5924 in Resolution Book No. 42. 11. Resolutions Approving Temporary Street Improvements to Harrier At~an„p RPtwaPn 66th and 67th Street Carl Marinics, public works director, informed the council that the Richfield Bank & Trust Company, owners of the property adjacent to Harriet Avenue between 66th Street and 67th Street, have petitioned the city to improve that block of Harriet Avenue by regrading and stabilizing the street's surface. He said that since the petition for improvement was submitted by the owner., all costs will be assessed against the benefiting property owner, therefore, it would not be necessary to conduct a public hearing on this improvement project. He recommended the council adopt the necessary resolutions ordering this improvement and authorizing preparation of final plans and specifications. 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. 5925 RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR TEMPORARY STREET IMPROVEMENT AND OILING ON HARRIET AVENUE FROM 66TH TO 67TH STREET City Project No.-730 1 Council Meeting Minutes - 7- RESOLUTION N0. 5926 RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR TEMPORARY STREET IMPROVEMENT AND OILING AND ORDERING WORK TO BE DONE BY DAY LABOR City Project No. 730 Clerk's File No. C-9833 June 26, 1978 Poll of votes: Ayes - Anderson, Jacobsen, Law. Nays - None. Absent - Ludeman, Luettinger. Carried. These resolutions appear as Resolutions Numbers 5925 and 5926 in Resolution Book No. 42. 12. Receipt of Petition for Vacation of 65th Street Joyce Wilde, acting city manager, presented a petition from United National Corporation, owners of property abutting 65th Street between Nicollet and Pills- bury Avenue, to vacate 65th Street. She said street vacation conforms with the L/H/N Redevelopment Plan and recommended the council adopt the resolution pro- viding for acceptance of the petition from United National requesting vacation of 65th Street and calling for a hearing on this vacation. Motion by 3acobsen, seconded by Anderson to receive the petition, set the date of hearing for July 24, 1978, and refer consideration of this street vacation to the planning commission. All ayes - Carried. Absent - Ludeman, Luettinger. 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. 5927. RESOLUTION RECEIVING STREET VACATION PETITION AND CALLING FOR PUBLIC HEARING Poll of votes: Ayes - Anderson, Jacobsen, Law. Nays - None. Absent - Ludeman, Luettinger. Carried. This resolution appears as Resolution No. 5927 in Resolution Book No. 42. Council Meeting Minutes -8- June 26, 1978 13. Consideration of Storm Sewer Problems (Not on Agenda) As a result of the severe rain storm of June 25, 1978, several residents appeared at the council meeting to discuss flooding problems they had experienced. They reported on certain low spots that sometimes flood during heavy rains and ex- pressed the opinion that the storm sewers were inadequate. Carl Marinics, public works director, reported that the weather bureau had recorded over 2.5" of water in about an hour and-that amount of water in such .a short time is difficult for any sewer system to handle. The following individuals appeared and spoke about water levels, the flood damage that had occurred to their homes and their concern that since a similar event last August, the city had not implemented any projects to relieve or correct the storm sewers: Robert Tate, 6912 Washburn Charles Bull, 691H Washburn Bob Ennenga, 6920 Washburn Bud Sjolseth, 6924 Washburn . John Sazdoff, 6927 Columbus Chris and Larry Stenzel, 6908 Columbus Eddie Arnold, 6920 Columbus Glen Kliert, 6909 Columbus Robert G. Tipp el, 6845 Columbus Harry Byholm 6915 Columbus Gerald Johnson, 6901 Columbus Donald Kesler, 6914 Columbus Dennis Urbanski, 6914 Xerxes LeRoy Pederson, 6917 Xerxes Thomas Perry, 6921~Xerxes Maynard Anderson, 6925 Xerxes Richard Blev~ns, 7539 Washburn John St.Pierre, 6844 Columbus Henry E.Bovy, 6938 3rd Avenue Harold H. Witter, 6932 3rd Avenue Frank Mihalik, 6926 3rd Avenue Cyril R. St.Pierre, 7245 Bloomington H. A. Miller, 312 W. 65th Street Motion by Anderson, seconded by Jacobsen to consider this matter further at the August 2$, 1978, council meeting and to notify the property owners of this meeting. The staff was requested to prepare information on estimated costs of how these problems could be alleviated. Council Meeting Minutes -9- June 26, 1978 All ayes - Carried. Absent - Ludeman, Luettinger. Motion by Anderson, seconded by Jacobsen to request the staff to arrange a joint meeting with the Edina city council prior to the August 28, Richfield council meeting for the purpose of discussing mutual drainage problems on Xerxes Avenue. All ayes - Carried. Absent - Ludeman, Luettinger. Council recessed at 8:45 p.m. to conduct the HRA meeting and reconvened at 9:00 p.m. 13. Resolution Approving Destruction of Certain Public Records Joyce Wilde, acting city manager, presented the council a resolution authorizing destruction of certain public records as provided in accordance with Minnesota Statutes. 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. 5928 RESOLUTION AUTHORIZING DESTRUCTION OF CERTAIN PUBLIC RECORDS Poll of votes: Ayes - Anderson, Jacobsen, Law. Nays --None. Absent - Ludeman, Luettinger. Carried. This resolution appears as Resolution No. 5928 in Resolution Book No. 42. 14. Recommendation for Adjustment to Mileage Reimbursement Joyce Wilde, acting city manager, presented a recommendation to the city council to consider an adjustment from 15~ per mile to 18~ per mile reimbursement to employees who use their private vehicles on city business. She presented an Council Meeting Minutes -10- analysis of the increases in operating coats that have occurred s; when the council increased the reimbursement from 11~ per mile to Richard Blevens, 7539 Washburn, asked about the cost benefit mileage reimbursement versus the purchase of pool cars. Motion by Anderson, seconded by Jacobsen to approve a change June 26, 1978 Lnce June of 1974 15~ per mile. analysis of in the mileage reimbursement from 15~ per mile to 18~ per mile and authorize the city manager to implement the new reimbursement rate effective July 1, 1978. All ayes - Carried. Absent - Ludeman, Luettinger. 15. Resolution Indicating Support for HECO Participation Tom Morgan, public safety director, recommended the council adopt a resolution which would indicate the City of Richfield's support to the Hennepin Emergency Communications Organization and would commit Richfield's public safety radio frequencies to be transferred to HECO at such time as the system becomes fully operational. 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. 5923 RESOLUTION INDICATING SUPPORT FOR H.E.C.0. PARTICIPATION Poll of votes: Ayes - Anderson, Jacobsen, Law. Nays - None. Absent - Ludeman, Luettinger. Carried. This resolution appears as Resolution No. 5923 in Resolution Book No. 42. 16. Approval of Payment of Annual Dues for Association of Metropolitan Municipalities Motion by Jacobsen, seconded by Law to defer this item until a full council is present. All ayes - Carried. Absent - Ludeman, Luettinger. Council Meeting Minutes -11- June 26, 1978 17. Request for Lift~.ng of Vacancy Moratorium Joyce Wilde, acting city manager, requested the moratorium on hiring be lifted to permit the filling of the position of Deputy City Clerk. .Motion by Anderson, seconded by Jacobsen to permit the filling of this position vacancy. All ayes - Carried. Absent - Ludeman, Luettinger. 18. Payments and Estimates Motion by Anderson, seconded by Jacobsen that the following payment and estimate be approved: Lino Lakes Landscaping, Turf establishment and plant installation for City Project No. 686, 98% Complete - $6,043.28. All ayes - Carried. Absent - Ludeman, Luettinger. 19. Claims and Payrolls Motion by Jacobsen, seconded by Law that the following claims and payrolls be approved: RICHFIELD BANK & TRUST Checks 35233/35793 General Checks 40355/40639 Payroll $228,778.03 $148,573.04 SUMMIT STATE BANK Checks 40338/41034 All ayes - Carried. Absent - Ludeman, Luettinger. $698,052.49 20. Denial of Taxicab Driver's License Tom Morgan, public safety director, presented the application of Kenneth Charles Birnell for a taxicab driver's license which he recommended the council deny on the basis of the applicant's driving record. Motion by Anderson, seconded by Jacobsen that this application for license be denied. All ayes - Carried. Absent - Ludeman, Luettinger. Council Meeting -12- June 26, 1978 21. Licenses Motion by Anderson, seconded by Jacobsen that the following licenses be approved: Fee Waived Renewal Church of the Assumption, 305 E. 77th Street Bingo License (August 12-13, 1978) Regular Renewal Wally's Lil Wagon, 6637 Xerxes Avenue Wagon Peddler, food Vehicle Renewal Elaine Berquist, 7429 Humboldt Avenue Kennel License New Vicki Betz, 6244 - 14th Avenue Kennel License New Block Party Street Barricades, July 9, 1978 2:00-10:00 p.m., Vincent Avenue between 74 and 75th Streets Taxicab Driver New Richard Harrison, 3224 Grande Avenue New Stephen Hofich, 6924 Cedar Avenue New Bruce Glabkowski, 214 E. 19th Street All ayes - Carried. Absent - Ludeman, Luettinger. 22. Request from Storefront/Youth Action, Inc. to Support Grant Application Joyce Wilde, acting city manager, reviewed the request of Steve Lepinski, director of Storefront/Youth Action, for the city sponsorship of a LEAA grant application to the Minnesota Crime Control Planning Board. Motion by Jacobsen, seconded by Anderson to support the grant application and for the city to be the sponsoring agency if the need arises. All ayes - Carried. Absent - Ludeman, Luettinger. 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: Council Meeting Minutes -12A- RESOLUTION N0. 5934 RESOLUTION AUTHORIZING~SUBMISSION OF APPLICATION FOR L.E.A.A. ACTION GRANT June 26, 1978 Po11 of votes: Ayes - Anderson, Jacobsen, Law. Nays - None. Absent - Ludeman, Luettinger. Carried. This resolution appears as Resolution No. 5934 in Resolution Book No. 42. 23. Landscaping rovements in the L/H/N Area (Not on Agenda) The city attorney reported that in conjunction with the L/H/N public improve- went, the city had requested an easement from the property owners on the east side of Nicollet Avenue from 65th Street to 66th Street to permit the contractors to landscape the area according to the new plans. The owners offered to give the city a permit for landscaping in lieu of an easement and requested also that the city 1 Council Meeting Minutes -13- June 26, 1978 provide them with a hold harmless agreement to protect them should accidents or claims arise during the installation of landscaping. HE recommended that the council accept the landscaping permit and provide the property owners with a hold harmless agreement. Motion by Jacobsen, seconded by Anderson that the council accept the landscaping permit in lieu of an easement for construction and to provide property owners with a hold harmless agreement from the city. All ayes - Carried. Absent - Ludeman, Luettinger. 24. Request for Barricades for Block Party (Not on Agenda) Joyce Wilde, acting city manager, presented the request of John Vitols, 7225 - 17th Avenue, to barricade the 7200 block of 17th Avenue for a block party on July 8, 1978 from 7:00 to 12:00 p.m. Motion by Anderson, seconded by Jacobsen to approve the erection of barricades with the stipulation that they be erected in such a way as to permit ingress and egress of emergency vehicles should this be necessary during the time of the party. All ayes - Carried. Absent - Ludeman, Luettinger. 25. Adjournment Motion by Jacobsen, seconded by Anderson that the meeting adjourn. L~J A11 ayes - Carried. Absent - Ludeman, Luettinger. Time: 9: Date Approved: July 10, 1978 d ~ ~ ~~ omas J. ran City Clerk J ce Wilde Acting City Manager