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09-11-1978CITY OF RICHFIELD Regular Meeting September 11, 1978 The Council of the City of Richfield met in regular session in the Council Chambers of the City Hall on Monday, September 11, 1978, at 7:00 p.m. Councilman Anderson gave the invocation. The meeting was called to order by Mayor Loren L. Law. Present: Anderson, Ludeman, Luettinger, Law Absent: Jacobsen (on vacation) 1. A2inutes Motion by Ludeman, seconded by Anderson that the minutes of the regular council meeting of August 28, 1978, be approved as submitted. All ayes - Carried. Absent - Jacobsen. 2. Commercial Planned Unit Development Rezoning United National Superblock Area, Second Reading. Wayne Burggraaff, City Manager, advised the council the applicant liad requested a deferral of this hearing to September 25, 1978. Motion by Ludeman, seconded by Luettinger to continue this hearing to September 25, 1978, as requested by the applicant. All ayes - Carried. Absent - Jacobsen. 3. Special Assessment Hearing, 1977 Street Improvement Project Wayne Burggraaff, City Manager, reviewed the areas covered by the 1977 street improvement project, as outlined in Council Letter No. 260. He recommended that the council adopt the necessary resolution providing for adoption of the assessment roll at the close of the hearing. Paul J. Seeling, 1124 W. 66th Street (Plat 46451-Parcel 1510), asked about a reduction he had been informed would be made in his assessment. The City Clerk confirmed an adjustment had been made, correcting this assessment to $803.25. Mr. Seeling said he had written to the city attorney protesting the city Council Meeting Minutes -2- September 11, 1978 contractor entering his property. Clayton LeFevere, City Attorney, suggested the matter be deferred until the letter was received and reviewed. Motion by Luettinger, seconded by Ludeman to defer this assessment to the next council meeting. A11 ayes - Carried. Absent - Jacobsen. Phil Schmidt, 17409 St. Francis Boulevard, Anoka, the former owner of 6305 Aldrich, (Plat 46066-Parcel 0700) questioned the assessment he had received for a driveway which he said is located in the alley. He questioned the ownership of the alley. Motion by Ludeman, seconded by Luettinger to defer this assessment to the next council meeting when ownership of the alley can be determined. All ayes - Carried. Absent - Jacobsen. John Malinski, 917 W. 66th Street, asked about the street lighting assessment. 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. 5953 RESOLUTION ADOPTING ASSESSMENT ON CITY PROJECT N0. 686 AREAS NUMBERS 12 and 14A Poll of votes: Ayes - Anderson, Ludeman, Luettinger, Law. Nays - None. Absent - Jacobsen. Carried. This resolution appears as Resolution No. 5953 in Resolution Book No. 42. 4. Application for On-Sale and Sunday Liquor License Too Good's Restaurant, 1200 East 78th Street Wayne Burggraaff, City Manager, summarized the application for an on-sale and Sunday liquor license for Too Good's Restaurant, as outlined in Council Letter No, 271. The application was submitted by Messrs. David and Frederick Webb and Donald E. Pollard, representing the firm of Wepo, Inc. Tom Morgan, Public Safety Director, presented the police background investigation. Council Meeting Minutes -3- September 11, 1978 David P. Webb, 513 Summit Avenue, St. Paul, was presented and answered questions from the counr_il. The following individuals appeared and generally spoke in opposition to the proposed restaurant; Geraldine Christoff, 7215 14th Avenue Mary Rodenkerchen, 722b 12th Avenue Carol Amondson, 7115 Oakland Geri Christensen, 6929 10th Avenue Joel McGlade, 7220 12th Avenue John Carter, 7208 12th Avenue Shirley Seidel, 7232 12th Avenue Motion by Luettinger, seconded by Ludeman to close the hearing. All ayes - Carried. Motion by Anderson, seconded by Luettinger to approve this application for an on-sale and Sunday liquor license for Wepo, Inc, to do business as Too Good's Restaurant, 1200 East 78th Street, subject to the stipulation that the applicant designate a Richfield resident as manager of the restaurant. Poll of votes: Ayes - Anderson, Luettinger, Law. Nays - Ludeman. Absent - Jacobsen, Carried. 5. Preliminary Plat Approval and Request for Variance, 7409 Sheridan Avenue Richard Krier, Planning and Redevelopment Director, presented the application of Wilmar Henrickson for approval of a preliminary plat which would subdivide property located at 7409 Sheridan Avenue. Mr. Henrickson also requested a variance to the minimum lot widtiz requirements of the subdivision regulations. Mr. Krier reviewed the staff and planning commission recommendations for approval with the stipulation that the applicant construct a sidewalk along Russell Avenue to improve pedestrian access to Lincoln Hills School Mr. Henrickson spoke in opposition to the sidewalk stipulation. Motion by Ludeman, seconded by Luettinger to close the hearing. All ayes - Carried. Absent - Jacobsen. Council Meeting Minutes -4- September 11, 1978 Motion by Ludeman, seconded by Luettinger to approve the preliminary plat :pith the stipulation that a sidewalk be constructed along Russell Avenue, as outlined in Council Letter No. 274, and to grant the variance to the minimum lot width re- quirements. All ayes - Carried. Absent - Jacobsen. 6._ Request for Kennel License Denial Reconsideration Wayne Burggraaff, City Manager, reviewed the letter submitted by Ms. Garnette Kelber, 6314 14th Avenue, to the city council requesting reconsideration of her residential kennel license application. Motion by Ludeman, seconded by Luettinger to reconsider this application for license. All ayes - Carried. Absent - Jacobsen. Motion by Ludeman, seconded by Luettinger to approve this kennel license. All a;~es - Carried. Absent - Jacobsen. The city manager advised that Ms. Catherine Brose, of 6338 Clinton, also had requested reconsideration of her kennel license application which the council had denied on July 10. Motion by Ludeman, seconded by Luettinger to reconsider and approve the kennel license application for Catherine Bro~.e. A11 ayes - Carried. Absent - Jacobsen. 7. Approval of Preliminary Building Plans, Budget, Fee Schedule, and Call for Bids for Golf Course Project Wayne Burggraaff, City Manager, reviewed the items to be considered regarding the golf course .project. Don Fondrick, Parks and Recreation Director, presented Richard Schwarz, of Richard-Schwarz/Neil Weber, Inc., the building architect, who reviewed the preliminary building plans. Council Meeting Minutes -5- September 11, 1978 Motion by Ludeman, seconded by Luettinger to. approve the preliminary plans-for the golf course club house and the maintenance building with the understanding that the city council reserve the right to make changes in the club house plans at the September 25, and October 10, council meeting. A11 ayes - Carried. Absent - Jacobsen. Motion by Ludeman, seconded by Luettinger to authorize Richard Schward/Neil Weber, Inc. to proceed with Phase II and Phase III of their contract for a lump sum fee of $14,000 covering both phases and to authorize the mayor and city manager to execute the agreement. A11 ayes - Carried. Absent - Jacobsen. -,_ Motion by Ludeman, seconded by Luettinger to authorize the mayor and city manager to execute a supplementary agreement with Brauer and. Associates covering fees for Phases II and III of the site planning services, including construction management as described in Council Letter No. 275. A11 ayes - Carried.. Absent - Jacobsen.. Motion by Ludeman, seconded by Luettinger to approve the plans and specifications for relocation of four ball fields and authorize advertising for bids to relocate these facilities. A11 ayes - Carried. Absent - Jacobsen. Motion by Ludeman, seconded by Luettinger to approve a project budget of $1,885,000 to be financed by a $1,300,000 gross revenue bond issue and $560,000 from the Special Revenue Fund and $25,000 from Revenue Sharing. All ayes - Carried. Absent - Jacobsen. 8. Request for Off-Street Parking Contract, Shakey's Pizza, 7708 5th Avenue Wayne Burggraaff, City Manager, presented the application of Shakey's Pizza for an off-street parking lot at 7708 Firth Avenue, where they proposed to construct an office building to house their regional offices. Motion by Ludeman, 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: Council Meeting Minutes -6- j - RESOLUTION N0.-5954 ' ' _ RESOLUTION APPROVING LAYOUT AND CONTRACT-FOR OFF-STREET PARKING IN ACCORDANCE WITH APPLICATION N0. 78-9, CONTRACT N0. 2272 . Shakey's Pizza 7716. Morgan Avenue.- - Location: 7708 Fifth Avenue Use: Office Building September: 11, 1978 I Poll of votes: Ayes - Anderson, Ludeman, Luettinger, Law. Nays - None. Absent - - Jacobsen. Carried. This resolution appears as Resolution No. 5954 in Resolution Book No. 42. - 9. Request for Off~Street Park~.ng Contract, 7715 4th Avenue ' t Wayne Burograaff, City Manager, presented the application of Lamont Jankard; 77L; 4th Avenue, to establish an off-street parking lot at this address where he is planning to use part of his residence as a beauty salon. 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. 5955 RESOLUTION APPROVING LAYOUT AND CONTRACT .FOR OFF-STREET PARKING IN ACCORDANCE WITH .APPLICATION - N0. 7~-11, CONTRACT N0. 2274 Lamont Jankard 7715 Fou::th Avenue Use: Beauty Salon - Residence Po11 of votes: Ayes - Anderson,_Ludeman, Luettinger,.Law. Nays - None. Absent - Jacobsen. Carried.. This resolution appears~as Resolution No. 5955 in-Resolution Boole No . 42. 10. Ordinance Relating to Issuance of Temporary Signs. Second Readinj. Bill-1978-18, "An Amendment to Chapter III, Part V, Section 3.47 of the Richfield Ordinance Code",.relating to the regulation of signs and billboards, was read and. reviewed by Clayton LeFevere, Cit;T Attorney, the. same being on file in the office of the City Clerk. (C-9840) Council Meeting Minutes -7- September 11, 1975 Motion by Anderson, seconded by Ludeman that this constitute a second reading of Bi11 1978-113; that it be published in the official newspaper and that it be made a part of these minut@s. Poll of votes: Ayes - Anderson, Ludeman, Luettinger, Law. Nays - None. Absent - Jacobsen. Carried. 11. Ordinance Amendment Relating to Licensing and Operation of Bicycles Second Reading. Bill 1978-19, "An Amendment to Chapter V, Part IV, Section 5.34 of the Richfield Ordinance Code", relating to the licensing and operation of bicycles, was read and reviewed by Clayton LeFevere, City Attorney, the same being on file in the office of the City Clerk. (C-9841) Motion by Anderson, seconded by Ludeman that this constitute a second reading of Bill 1978-19; that it be published in the official newspaper and that ii: be made a part of these minutes. Poll of votes: Ayes - Anderson, Ludeman, Luettinger, Law. Nays - None. Absent - Jacobsen. i..arried. 12. _Transitory Ordinance Relating to Transfer of Funds from Special Revenue Fund for Parkland Acquisition. Second Reading. Bill 1978-20, Transitory Ordinance 16.52, "An Ordinance Providing for the Expenditure of Money from the Special Revenue Fund for Certain Capital Improvements" was read and reviewed by Clayton LeFevere, City Attoreny, the same being on file in the office of the City Clerk, (C-9845) Motion by Ludeman, seconded by Anderson that this constitute a second reading of Bill 1973-20; that it be published in the official newspaper and that it be made a part of these minutes. Poll of -rotes: Ayes - Anderson, Ludeman, Luettinger. Nays - Law. Absent - Jacobsen. Carried. 13. Ordinance Amendment Relating to Bonding of Automobile Dealers. First Readin . Council Meeting Minutes -8- September '11, 1978 Bi11 1978-21, "An Amendment to Chapter VI, Section 6.07 of the Ordinance Code of the City of Richfield", relatinn to the licensing and regulating of motor vehicle dealers, was read and reviewed by Clayton LeFevere, City Attorney, the same being on file in the office of the City Clerk. (C-9846) Motion by Ludeman, seconded by Anderson that this constitute a first reading of Bill 1978-21; that it be published in the official newspaper and that second reading of this ordinance amendment be scheduled for October 10, 1978. Poll of votes: Ayes - Anderson, Ludeman, Luettinger, Law. Nays - None. Absent - Jacobsen. Carried. 14. Request for Reconsideration of Parking Regulations Mayor Law and Councilman Ludeman requested reconsideration of traffic control regulations that had been established at the council meeting of August 28. Motion by Ludeman, seconded by Luettinger to amend Resolution No. 5947, "Relating to Traffic Control Signs, 'No Parking Anytime' on the West Side of Cedar Avenue from Diagonal Boulevard North to 69th Street" - to "'No Parking Anytime' on the West Side of Cedar Avenue From Diagonal Boulevard North to the First Residential Driveway in the 6900 Block" All ayes - Carried. Absent - Jacobsen. Motion by Ludeman, 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. 5956 RESOLUTION RELATING TO TRAFFIC CONTROL SIGNS "NO PARKING ANYTIME" ON THE WEST SIDE OF CEDAR AVENUE FROM THE INTERSECTION OF DIAGONAL BOULEVARD SOUTH 30 FEET Poll of votes: Ayes - Ludeman, Luettinger, Law. Nays - Anderson. Absent - Jacobsen Carried. This resolution appears as Resolution No. 5956 in Resolution Book No. 42. Council Meeting Minutes -9- September 11, 1978 15. Authorization to Call for Bids for Civil Defense Warning Sirens Wayne Burggraaff, City Manager, recommended the city council authorize the advertisement for bids for civil defense warning sirens as outlined in Council Letter No. 259. Motion by Luettinger, seconded by Anderson to authorize the advertisement for bids for the 1978 siren warning system improvement project. All ayes - Carried. Absent - Jacobsen. 16. Setting Date of Canvass of Election Wayne Burggraaff, City Manager, recommended the city council set the- date for canvassing the city primary election of September 12, 1978, as outlined in Council Letter No. 257. Motion by Luettinger, seconded by Anderson to set the date for canvassing the election for September 14, 1978, at 7:00 p.m. A11 ayes - Carried. Absent - Jacobsen. 17. Resolution Authorizing Conveyance of Deed for New Ford Town Property Wayne Burggraaff, City Manager, advised the city council that the necessary legal paperwork for conveyance of the lots in .the New Ford Town area that the city council recently authorized, had been completed and he recommended the council pass the resolution providing for conveyance of the deed to these properties, as outlined in Council Letter No. 272. 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. 5957 RESOLUTION AUTHORIZING CONVEYANCE OF LOTS 21 AND 23, BLOCK 14, NEW FORD TOWN Council Meeting Minutes -10- September 11, 1978 Poll of votes: Ayes - Anderson, Ludeman, Luettinger, Law. Nays - None. Absent - Jacobsen. Carried. This resolution appears as Resolution No. 5957 in Resolution Book No. 42. 18. Community Development Block Grant Wayne Burggraaff, City Manager, informed the council that the U. S. Department of Housing and Urban Development recently approved Richfield's Year IV (August, 197 through July, 1979) Community Block Grant application as part of the Hennepin County entitlement grant, as outlined in Council Letter No. 269. The manager indicated that the funds to be received will be-reduced this year due to an overall reduction in the amount of money received in the Hennepin County entitlement grant. He recommended the council approve the amended budget. Motion by Ludeman, seconded by Anderson to approve this amended budget and authorize the city manager to file it with Hennepin County. A11 ayes - Carried. Absent - Jacobsen. 19. Appointments to Citizens Advisory Commissions Motion by Anderson, seconded by Ludeman to defer consideration of this item. All ayes - Carried. Absent - Jacobsen. 20. Approval of L/H/N Change Order (Signals) Wayne Burggraaff, City Manager, recommended the council approve two change orders to County Project No. 9625, as outlined in Council Letter No. 267. The two changes represent additions to the contract in the amounts of $5,668 and $a,ooo. Motion by Anderson, seconded by Ludeman to approve both the change orders; however, approval of the $8,000 amount be contingent upon receipt of an easement from the property owner. A11 ayes - Carried. Absent - Jacobsen. council Meeting Minutes -11- September 11, 1978 21. Payments and Estimates Motion by Anderson, seconded by Ludeman that the following payments and estimates be approved; A. First and final, Earl Wiekle & Sons, cement floor, C.P. No.692, garage completion, 100% complete - $1:4,532.u6 B. Fischer ^onst. Co., General Construction, Christian Park, C,P. No. 719, 66% Complete - $61,110. All ayes - Carried. Absent - Jacobsen. 22. Claims and Payrolls Motion by Anderson, seconded by Ludeman that the following claims and payrolls be approved: RICHFIELD BANK & TRUST Checks 35987/36992 General $492,871.44 Checks 41872/43098 Salary $154,773.60 SUMMIT STATE BANK Checks 42665/42703 $169,473.71 All ayes - Carried.- Absent - Jacobsen. 23. Licenses Motion by Anderson, seconded by Luettinger that the following licenses be approved: Fee Waived New Portland School, 7201 4th Avenue Renewal Richfield Football League Regular New New New New New Twin City Vendin Vickers Oil, 7645 Lyndale Minnesota Harvest Orchard, Jordan Vickers 7645 Lyndale Avenue Fabian Seafood Co., Texas Pontillo's Pizzeria, 6908 Logan Food Food, soft drink Vending machine Itinerant food Soft drink Itinerant food Ice machine, food, soft drink Council Meeting Minutes -12- September 11, 1978 License Continued Taxi ca.b Drivers New Clifford Piper, 127 116th Avenue N.E. New Michael Thoresen, 819 W. 01d Shakopee Road New Terry Pladson, 3811 Ballantroe Road New William Bruntz, 5225 Vincent Avenue All ayes - Carried. 24. Liaison Appointment (Not on Agenda) Motion by Anderson, seconded by Ludeman to appoint Councilman Luet~tinger the council liaison representative to work with the city of Edina on the joint storm sewer study. All ayes - Carried. Absent - Jacobsen. 25. Adjournment Motion by Anderson, seconded by Ludeman that the meeting adjourn. All ayes - Carried. Absent - Jacobsen. Time: Date Approved: September 25, 1978 !` . i~~ Thomas J. oran City Clerk Wayne S. Burggxaaff i~ 1 U i 0