Loading...
07-24-1978CITY OF RICHFIELD Regular Meeting ' July 24, 1978 The~:'Councl of the Gity of Richfield met in regular session in the Council Chambers of the City.Hahl ron;Monday, July 24, 19.78, at 7:00 p.m. Councilman:Ludeman 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 July X10, 19.78, be approved as submitted. A11 ayes - Carried. Absent - Anderson. 2. Vacation of 65th ,Street between .Pillsbury Avenue and Nicollet Avenue. Second.Read!ng... Joyce Wilde, Acting-City Manager, reviewed the stxee.t vacation .procedure, as outlined yin Council Letter No. 214.. Richard Kri~er~, Planning .and :Redevelopment Direc-tor, reported on-efforts to establish pan o:ff-street :parking;arrangeme.nt for the :medical clinic and the Summit State Sank. He recommended -that the council approve a partial vacation of 65th Street at this .time because the parties have not yet resolved the parking agreement. Clayton LeFever.e, City Attorney, reviewed the proposed amendment. to the transitory ordinance„ providing for vacation of 65th Street from the western boundary of the .medical building to Pillsbury Avenue. David Sellergren, attorney .for Summit Development Corporation, and Deil 0. Gustafson,~owner .of Summit State Bank, reported that the firm has executed easements ready 'to 'be~drelver~ed to the city for the 65th Street relocation, and that they are s ill negotLating wit1~ the Richfield Medical Clinic to establish a parking agreement. Counclma+n Anderson arrived at 7:15 p.m. Council Meeting Minutes -2- July 24, 1978 Lawrence Wozniczka, 6744 Wentworth, asked about the exchange of the vacated 65th Street for right-of-way for the new 65th Street and acquisition costs of the land. He presented a letter in opposition to the 65th Street vacation. (C-9836) Motion by Ludeman, seconded by Jacobsen to close the hearing. A11 ayes - Carried. -Motion by Ludeman, seconded by Jacobsen to amend Bill 1978-15 as follows: "Section 1. The following portion of the West 65th Street right-of-way is hereby vacated; The entire width of West 65th Street from the line formed by the Southerly extension of the West line of Registered Land Survey 692 in a Westerly direction to the following described line: Beginning at the Northwest corner of Block 2, Rich- field Plaza; thence North 8 feet, thence Northeasterly 104.67 feet along a tangential curve, concave to the Northwest radius 262.00 feet central angle 22 degrees, 59 minutes, 27 seconds to the South line of Block 1, Richfield Plaza according to the plat thereof on file and of record in the Office of the Hennepin County recorder, in and for Hennepin County, Minnesota. Section 2. There are currently located within the street right-of-way hereby vacated certain water mains, storm sewers, sanitary sewers, telephone and. electrical facilities and the respective appurtenances. Said vacation would be subject to easements running in favor of the authority or authorities owning or operating any such facilities for the purpose of operating, maintaining, reconstructing,~constructing and re- pairing any such facilities over, dnder, across and through the following described portion right-of-way vacated: Beginning at the Northwest corner of Block 2, Richfield Plaza according to the recorded plat thereof; thence North along the Northerly extension of the West .line thereof, a distance.of 8 feet to the beginning of the area to be described. Thence Easterly and parallel with the North line of said block and its Easterly extension to the intersection with aline which is the Southerly extension of the West line of Registered Land Survey 692; thence Northerly along said extended West line to the Southeast corner of Registered Land Survey 692, thence easterly along the. easterly extension of the South line of said Registered Council Meeting Minutes -3- July 24, 1978 Land Survey 692 to the Southeast corner of Block 1, Rich- field Plaza, according to the recorded plat thereof, thence South along the extended East line of said Block 1 a distance of 9 feet; thence Easterly and parallel with the South line of said Block 1 a distance of 600.64 feet more or less to an intersection with the Northerly extension of the West line of Block 2, Richfield Plaza thence South along said extended West line a distance of 43 feet more or less to the actual point of beginning and there terminating." All• ayes - Carried. Motion by Jacobsen, seconded by Anderson that this constitute a second reading of Bi11 1978-15, as amended; 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. 3. Vacation of Grand Avenue between 65th and 66th Street. Second Reading. Richard Krier, Planning and Redevelopment Director, recommended that the city council hold the hearing relative to this proposed street vacation, but defer action on a second reading of the transitory ordinance to August 14, 1978, until agreements can be reached with NSP regarding the underground cable in the right-of-way of this block of Grand Avenue. Lawrence Wozniczka, 6744 Wentworth, asked about north-south pedestrian access into the L/HiN and spoke in opposition to 'the proposed street vacation. He presented a letter stating the reasons for his opposition (C-9837) Motion by Luettinger, seconded by Jacobsen to close the hearing. All ayes - Carried. Motion by Anderson, seconded by Jacobsen to defer second reading of this ordinance amendment to the August 14, 1978, council meeting. All ayes - Carried. 4. Transitory Ordinance Concerning Charter Provision Amendments on Ethics. Second Reading. Council Meeting Minutes -4- ~ July 24, 1978 Clayton LeFevere, City Attorney, reviewed Bill 1978-14, Transitory Ordinance No. 16.48, Charter Amendment Ordinance No. 4, "An Ordinance Amending the City Charter of the City of Richfield", the same being on file in the office of the city clerk. (C-9831) John Degnan, 7345-18th Avenue, member of the Charter Commission, spoke in behalf of the proposed ordinance amendment. Motion by Jacobsen, seconded by Ludeman to close the hearing. All ayes - Carried. Motion by Jacobsen, seconded by Ludeman that this constitute a second reading of Bill 1978-14; 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. 5. Presenatation of Proposed Charter Amendment on Election of Mavor and Council Members Gordon Anderson, 7501 Elliot Avenue, president of the Charter Commission, reviewed a proposed ordinance for amending the City Charter, Charter Amendment Ordinance No. 5, entitled "Elective Officers". He also submitted a resolution from the Charter Commission (C-9838). requesting that this Charter Amendment be submitted to the voters if the council could not unanimously approve it. Motion by Jacobsen, seconded by Anderson to reject the proposed amendment. All ayes - Carried. Clayton LeFevere, City Attorney, reviewed the various provisions of state law addressing the manner in which a proposed charter amendment shall be presented to the voters. Motion by Anderson, seconded by Luettinger to direct the staff to prepare a Council Meeting Minutes -5- July 24, 1978 propesed lallo~t on the question for council review at the August 14, 1978, meeting. A11 ayes - Carried. 6~,-- __--bra:~f:~'G.,..Goafrol'_.Re~ulat-ions Joyce Wilde,~Acting City Manager, reported on the Traffic Control Committee recomm°endat'ion that no stop signs be installed at the intersection of 73rd Street and'17th Avenue. Motion'by'LUe~tt'inger, seconded by Anderson to approve the Traffic Control Committee-recommendation. A11 ayes-- Carried: Ms;.Wlderp~e'seiited-a`resolution related to establishment of "no parking" provisions at~the liquor store parking lots from midnight to 6:00 a.m. and indicated that the Traffie Control Committee had recommended approval of this resolution. Mo'~tion'by Jacobsen, seconded by Anderson to adopt the resolution relating to parking'cont~roh in-the three parking lots adjacent to the municipal liquor stores. Motion wi~hd~rawu:° Motion by Jacobsen; seconded by Anderson to defer consideration of this item and 'to-req~tcst the committee to investigate additional restrictions for the lots and report back 'td tYie' council . Ali:. ayes` - ~Carr`ed: -.._ 7._ _ __ Golf` Couts~e- Deuelopmen-t Progress- Report Don Fondrick,-Park and~Recreation.Director, reviewed the status of the golf course planning and answered questions. 8. _ Approval `_o.f--Of£=,S.treet Parking Contract, Bolt Electric Co., 7344 Cedar Avenue Carl Marinics;'Public Works Director, presented the application of Bolt Electric Company`to'estab3:isli`an o'ff-street parking lot at 7344 Cedar Avenue. He discussed possible drainage problems that could develop on the property in the event of Council Meeting Minutes -6- July 24, 1978 severe rainfalls. He recommended that the off-street parking contract be granted only with the following stipulations: 1. That the applicant be advised of a potential water run-off problem and waive any claims against the city-and hold the city harmless against any such claims resulting from any damages or effects related directly or indirectly to storm water run-off and/or flooding of the subject property. 2. That the applicant comply with the conditions attached to the council determination that an electrical contractor_'s office is a permitted use in a C-1 district. • a. That the use comply with all off-street parking requirements; b. That no outside storage be allowed; c. That no expansion of the existing structures be allowed; d. That no overnight parking of commercial vehicles be allowed to exist. All ayes - Carried. • 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 a part of these minutes: RESOLUTION N0. 5933 RESOLUTION APPROVING LAYOUT AND CONTRACT FOR OFF-STREET PARKIlVG IN ACCORDANCE WITH APPLICATION N0. 78-8, CONTRACT N0. 2271 Bolt Electric Company Location: 7344 Cedar Avenue Use: Electrical Contracting Po11 of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger; Law. Nays - None. Carried. This resolution appears as Resolution No. 5933 in Resolution Book No. 42. 9. Authorization to Re uest Bids for L/H/N Maintenance A reement Joyce Wilde, Acting City Manager, recommended that the city council authorize the call for bids for maintenance of public improvements within the L/H/N project area. Council Meeting Minutes -7- July 24, 1978 She observed that the 1978 budget provides that maintenance of the new public improvements in the L/H/N project area be done under agreement with a private contractor. Motion by Jacobsen, seconded by Anderson to authorize the city manager to call for bids for this maintenance work. All ayes - Carried. 10. Agreement Providing for Installation of Signals at Portland Avenue and 62nd Crosstown Highway Motion by Luettinger, seconded by Ludeman to defer consideration of this item. All ayes - Carried. 11. Authorization for Submission of Preliminary LAWCON Grant Application Joyce Wilde, Acting City Manager, advised the council that notice had been received from the Office of Local & Urban Affairs, a section of the State Planning Agency, that preliminary applications are now being accepted for 1979 park and recreation LAWCON and state grants, as outlined in Council Letter No. 219. She recommended that the city council authorize submission of preliminary applications for this grant program. Motion by Anderson, seconded by Jacobsen to approve the submission of the preliminary LAWCON grant application by the deadline of July 28, 1978. All ayes - Carried. 12. Authorization for Submission of Richfield Lake Fill Permit Applications Joyce Wilde, Acting City Manager, advised the city council that fill permits for the Richfield Lake bikeway, which is part of the L/H/N Redevelopment Program, are required by both the Minnesota Department of Natural Resources and the U. S. Army Corps of EYigineers before any fill can be placed in a lake classified as a "public body of water", as explained in Council Letter No. 220. She recommended that the council authorize filing of these fill permit applications. Council Meeting Minutes -8- July 24, 1978 Motion by Jacobsen, seconded by Anderson to authorize the-city staff to file these applications with the Minnesota Department of Natural Resources and the U. S. Army Corps o~ Engineers. All ayes - Carried. 13. Proposed Wine Licensing Amendment Clayton LeFevere, City Attorney, reviewed suggested amendments to the proposed wine licensing ordinance. Robert Lien, Executive Secretary of the Chamber of Commerce, spoke in behalf of a Chamber of Commerce resolution encouraging the establishment of wine licenses to be available to Richfield restaurants. George Karnas, 2921 Washburn Circle, President of the Chamber of Commerce, stated that he would like to see. business encouraged in the Richfield area and that he supported issuance of wine licenses to established Richfield restaurants. Geri Christensen, 6929-19th Avenue, expressed a concern about children in pizza restaurants that might serve wine. Dave Miller, from Fireside Pizza, spoke in favor of requiring business establishments to control their own operation ~in serving wine and spoke against a square footage requirement for qualifying for a wine license. Motion by Anderson, seconded by Luettinger to direct the staff to research the following additional information for review by the council at the September 11, 1978 council meeting; 1. The possibility of restricting wine sales to only tables that are used for serving food; 2. The possibility of limiting wine service to selling by the glass, or limiting the serving an entire.~2ottle to no fewer than two people; 3. The possibility of limiting the hours during which wine would be served to the hours during which meals are served; Council Meeting Minutes -9- July 24, 1978 4. Limiting eligibility to acquire a wine license to restaurants of a certain square footage. All ayes - Carried. 14. Ratification of Civil Service Residency Requirements Joyce Wilde, Acting City Manager, reported that the Minnesota Legislature, during the last session, amended the law regarding Civil Service Commissions, whereby it is necessary for the council to ratify residency requirements established by a local commission in order for such requirements to become effective, as outlined in detail in Council Letter No. 225. She recommended that the council ratify the existing residency requirements as established by the Richfield Police and Fire Civil Service Commission. Motion by Anderson, seconded by Jacobsen to ratify the existing residency requirements. Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Law. Nays - Luettinger. Carried. Motion by Jacobsen, seconded by Ludeman to request the staff to arrange a point meeting of the city council with the Richfield Police and Fire Civil Service Commission for some future date to discuss items of mutual interest. A11 ayes - Carried. 15. Claims and Payrolls Motion by Anderson, seconded by Ludeman that the following claims and payrolls be approved: RICHFIELD BANK & TRUST Checks 35275/36213 SUMMIT STATE BANK Checks 41082/41844 Checks 41103/41840 All ayes - Carried. $ 577,584.19 General $2,072,335.83 Payroll 155,552.09 Council Meeting Minutes -10- July 24, 1978 16. Payments and Estimates Motion by Jacobsen, seconded by Anderson that the following payments and estimates be approved: Estimate No. 1, Fischer Construction Company, general construction at Christian Park, 34% complete - $63,450 Estimate No. 1, Henry Mikkelson Company, construction, general, mechanical and electrical at Christian Park building, 19% complete - $15,750 _ All ayes - Carried. 17. Licenses Motion by Anderson, seconded by Jacobsen that the following fee waived licenses be approved: Fee Waived Renewal Church of the Assumption, 305 E. 77th Street 3 pin ball' machines, soft drink Renewal Richfield VFW Softball Team Food, soft drink (Three day tournament 7-14-16) All ayes - Carried. Motion by Anderson, seconded by Jacobsen that the following regular licenses be approved: Regular Renewal- Richfield Historical Society ~ one day only Food Renewal Five 8 Softball Team, Taft Field Tournament Food, soft drink Renewal Ed Larson, Suburban Lighting, Inc. Sign erection New Larry Hylden, 5945 Clinton Avenue Itinerant food All ayes - Carried. Motion by Jacobsen, seconded by Luettinger that the following commercial and residential kennel licenses be approved; Kennel Licenses Renewal Airport Pet Hospital Renewal Robert Lyddon, 6733-10th Avenue Renewal Don Blais, 2617 W. 70th Street Pet Hospital 4 dogs 5 cats, 1 dog, 2 geese, 1 duck All ayes - Carried. Council Meeting Minutes -11- July 24, 1978 Motion by Ludeman, seconded by Luettinger to deny the following applications for residential kennel license renewal: Garnette Kelber, 6314-14th Avenue Catherine Bros, 6338 Clinton 15 cats 25 cats Poll of votes: Ayes - Ludeman, Luettinger, Law. Nays - Anderson, Jacobsen. Carried. Motion by Anderson, seconded by Jacobsen that the following taxicab driver licenses be approved: Taxicab Driver Licenses New Willie Rhines, 4141 Columbus Avenue New David Longerbone, 4887 North Road ' New Dan Rockwell, 8501 Pillsbury Avenue New Morris Liberman, 1833 Jersey Avenue New Francis Larson, 608 S. 9th Street New Edward Joseph, 7045 Xerxes Avenue New Bernard Gehlhar, Box 426, Maple Plain New Ronald Lade, 3143 Chicago Avenue New James Westeen, 2616 Harriet Avenue New Anthony Beste, 4434 Chowen Avenue New Anthony Theodore, 1428 6th Street S.E. New James Sletten, 2025 W. 77th Street New Joseph Teacue, 11341 Quinn Street N.W. New Victor Jernandes, 2416 Blaisdell Avenue All ayes - Carried. Motion byJacobsen, seconded by Luettinger to approve the following requests for block party barricades: Block Parties Chicago Avenue between 68th and 69th Street, August 6, 1978, between 12 noon and midnight - Mr. Peter Olive, 6805 Chicago Avenue 65th Street between 19th and 20th Avenue, August 19, 1978, between 5:00 p.m. and 11:00 p.m. All ayes - Carried. Council Meeting Minutes -12- July 24, 1978 18. Discussion Items Not on Agenda Councilman Luettinger requested discussion on the City Manager's proposal to authorize the Administrative Assistant and the Fire Chief to participate in out-of-town professional association conferences in September and October, and stated that he was opposed to authorizing these individuals to attend these two conferences. Motion by Ludeman, seconded by Luettinger to deny these requests. Poll of votes: Ayes - Ludeman, Luettinger, Law. Nays - Anderson, Jacobsen. Carried. Joyce Wilde, Acting City Manager, informed the council that a joint meeting between the City of Edina and the City of Richfield has-been set for Monday, August Z1, 1978, for the purpose of discussing mutual flooding and water run-off problems and suggested that the meeting begin at 5:00 p.m. The staff was directed to-make the necessary arrangements regarding notifying the public. 19. Adjournment Motion by Ludeman, seconded by Luettinger that the meeting adjourn. A11 ayes - Carried. Time: 10:50 p.m. Date Approved: September 14, 1978 Thomas J. oran City Clerk Wayne S. Burggraa L J~ :]