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10-10-1978CITY OF RICHFIELD Regular Meeting October 10, 1978 The Council of the City of Richfield met in regular session in the Council Chambers of the City Hall on Tuesday, October 10, 1978, at 7:00 p.m. Rev. Daniel Schmidt, Berea Lutheran Church, gave the invocation. The meeting was called to order by Mayor Loren L. Law. Present: Anderson, Jacobsen, Ludeman, Luettinger, Law 1. Minutes Motion by Ludeman, seconded by Luettinger to approve the minutes of the budget hearings of September 14, and 21, and the regularly scheduled meeting of September 25, 1978. All ayes - Carried. 2._ Hearing on United National Superblock PUD Wayne Burggraaff, City Manager, advised the council that the applicant had requested a continuation of this hearing to October 23, 1978. Motion by Anderson, seconded by Luettinger to continue this hearing to October 23, 1978, as requested by the applicant. All ayes - Carried. 3. __ Request. for Special Us e_ Perm3.t_ and_ Variance, Arby_'s _Restaurant, _.65.29. Penn Avenue Richard Krier, Planning and Redevelopment Director, reviewed the request of Ray Tharp, property owner, and Franchise Associates, operators of ArbY's Restaurants, for a special use permit and variance to allow them to enlarge their existing restaurant at 6529 Penn Avenue South. Mr. Krier presented the staff and planning commission findings and recommended denial of this request, as outlined in Council Letter No. 294. George and Charles Nadler, owners of Arby's, appeared before the council in support of the request for special use permit and variance. Motion by Ludeman, seconded by Luettinger to close the hearing. All ayes - Carried. Council Meeting Minutes -2- October 10, 1978 The council discussed their concerns regarding the proposed special use permit and the required variances. The City Attorney suggested that it would be proper for the council to state their findings through a formal resolution. Motion by Anderson, seconded by Luettinger to defer action on this request until the next meeting and to request the City Attorney to prepare a resolution describing the council's findings as they have been discussed. All ayes - Carried. The applicants indicated that they would be unable to attend the next council meeting, so the council amended the motion to set the continuation to the first meeting in November. 4. Request for Special Use Permit and Variance, Bur er King 2860 West 66th Street Wayne Burggraaff, City Manager, advised the council that the applicant had requested that consideration of this item be deferred to the October 23, 1978, city council meeting. Motion by Ludeman, seconded by Luettinger to defer consideration of this request to the October 23, 1978 city council meeting. All ayes - Carried. 5. Ordinance Amendment Relating to Mandator Retirement Age First Reading. Wayne Burggraaff, City Manager, presented a proposed ordinance amendment for council consideration relating to the federal change in mandatory retirement age, as outlined in Council Letter No. 296. Bill 1978-23; "An Ordinance Amending Chapter II, Part III, Section 2.37 of the Richfield Ordinance Code", was read and reviewed by Clayton LeFevere, City Attorney, the same being on file in the office of the city clerk. (C-9848) Motion by Anderson, seconded by Jacobsen that this constitute a first reading of Bill 1978-23; that it be published in the official newspaper and that second Council Meeting Minutes -3- October L0, 19'1$ reading of this ordinance amendment be scheduled for November 13, 197'8. Po11 of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nays i None. Carried. 6. Ordinance Amendment Relating to Bonding of Automobile_De~lers._ Secd~nd Reading. Bill 1978-Z1, "An Amendment to Chapter VI, Section 6.07 of the Ordinance Code of the City of Richfield", relating 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. (09846) Motion by Anderson, seconded by Ludeman that this constitute a second reading of Bi11 1978-21; 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, Lava. Nays ~ None. Carried. 7. Transfer of Certain Fire Equipment to Central_Garage__and T~ansitgry_O~dinance Appropritating Special Revenue Funds. First Reading. Wayne Burggraaff, City Manager, recommended that the city council authorize the transfer of certain public safety department vehicles to tYie central garage and equipment fund, as outlined in Council Letter No. Z9Z. Motion by Anderson, seconded by Ludeman 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. 5979 RESOLUTION AUTHORIZING TRANSFER OF CERTAIN FIRE EQUIPMENT TO THE CENTRAL GARAGE AND EQUIPMENT 1'UND Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, I,ara. Nays - None. Carried. This resolution appears as Resolution No. 5979 in Resolution Book No. 42. Bill 1978-ZZ, Transitory Ordinance 16.53, "An Ordinance Providing for the Council Meeting Minutes -4- October 10, 1978 Expenditure of Money from the Special Revenue Fund for Certain Capital Improvements", was read and reviewed by Clayton LeFevere, City Attorney, the same being on file in the office of the city clerk. (C-9849) Motion by Anderson, seconded by Ludeman that this constitute a first reading of Bill 1978-22; that it be published in the official newspaper and that second reading of this ordinance amendment be scheduled for November..13, 1978. Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nays - None. Carried. 8. Tabulation of Ballfield Relocation Bids, Approval of Minutes, and Award of Contract Wayne Burggraaff, City Manager, presented the tabulation of bids for relocation of the ballfields located on the site of the future municipal golf course. He recommended council approval of the low bid submitted by Sebesta Construction, in the amount of $57,864.70. Motion by Anderson, seconded by Jacobsen to approve the bid minutes. A11 ayes - 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 a part of these minutes: RESOLUTION N0. 5980 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT TO SEBESTA CONSTRUCTION FOR BALLFIELD RELOCATION IN CONJUNCTION WITH THE PROPOSED GOLF COURSE CITY PROJECT N0. 688 Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nays - None. Carried. This resolution appears as Resolution No. 5980 in Resolution Book No. 42. Lawrence Wozniczka, 6744 Wentworth, asked how the Ballfield relocation project would be funded. Council Meeting Minutes -5- October 10, 1978 9. Tabulation of Tree Bids, Approval of Minutes, and Award of Contract Wayne Burggraaff, City Manager, presented the tabulation of bids for planting of boulevard trees, and recommended council approval of the low bid for Alternate No. 2. submitted by Minnesota Valley Wholesale, Inc, in the amount of $25,900. Motion by Anderson, seconded by Ludeman to approve the bid minutes. All ayes - Carried. Motion by Ludeman, seconded by Anderson to approve the manager's recommendation in awarding the contract to Minnesota Valley Wholesale, Inc. All ayes - Carried. Motion by Anderson, seconded by Ludeman to authorize the tree planting schedule in accordance with the policy outlined in Council Letter No. 297. All ayes - Carried. 10. Final Plat Approval, Henrickson Addition, 7409 Sheridan Avenue Wayne Burggraaff, City Manager, presented the final plat for subdivision of the Wilmar Henrickson Addition, as outlined in Council Letter No. 291. He recommended the council adopt the necessary resolution approving the final plat with the stipulation that an adequate performance bond be provided. Motion by Anderson, seconded by Ludeman 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. 5982 RESOLUTION APPROVING PLAT OF WILMAR HENRICKSON ADDITION Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nays - None. Carried. This resolution appears as Resolution No. 5982 in Resolution Book No. 42. 11. Request for Vacation of a Portion of Lyndale Avenue Right-of-Way, 6237 Lyndale Avenue Council Meeting Minutes -6- October 10, 1978 Wayne Burggraaff, City Manager, presented the request of Bradley Exterminating Co., 6237 Lyndale Avenue, for the city to vacate a 17 foot portion of the Lyndale Avenue right-of-way in front of his business, as outlined in Council Letter No. 299. Mr. Bradley Pieper, applicant, appeared in support of his request for this street vacation. Motion by Anderson, seconded by Luettinger to schedule a public hearing on the proposed vacation for November 13, 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. 5981 RESOLUTION RECEIVING STREET VACATION PETITION AND CALLING FOR PUBLIC HEARING Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nays - None. Carried. This resolution appears as Resolution No. 5981 in Resolution Book No. 42. 12. Resolution Naming Judges and Polling Places for November 7, 1978 General Election Wayne Burggraaff, City Manager, recommended that the council adopt the necessary resolution naming judges and polling places for the November 7, 1978 election. 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. 5983 RESOLUTION PROVIDING FOR POLLING PLACES AND DESIGNATING JUDGES FOR GENERAL ELECTION - NOVEMBER 7, 1978 Po11 of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nays - None. Carried. This resolution appears as Resolution No. 5983 in Resolution Book No. 42. Council Meeting Minutes -7- October 10, 1978 13. Resolution Establishing Study Committee for Proposed Wine Licensing Ordinance Wayne Burggraaff, City Manager, presented to the council proposed guidelines for creation of a citizens committee to study a wine licensing ordinance. He observed that the guidelines were prepared in accordance with the council's directive at the September 25, 1978 council meeting. He recommended that the city council adopt the guidelines in the form of a resolution establishing this committee. 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 NO. 5984 RESOLUTION PROVIDING FOR THE ESTABLISHMENT, FUNCTION AND DISSOLUTION OF AN AD HOC CITIZEN COMMITTEE TO STUDY THE QUESTION OF WHETHER THE CITY SHOULD ISSUE WINE LICENSES AND IF S0, A WINE LICENSE ORDINANCE Po11 of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nays - None. Carried. This resolution appears as Resolution No. 5894 in Resolution Book No. 42. 14. Request for Approval of Agreement for 1978 Auditing Services Wayne Burggraaff, City Manager, presented a proposed agreement with the CPA firm of Olson and Clough to provide auditing services for the city for the year ending December 31, 1978. He recommended that the council approve the proposed agreement. Motion by Luettinger, seconded by Anderson to approve the agreement with Olson and Clough for 1978 auditing services. All ayes - Carried. 15. Request for Lifting of Vacancy Moratorium Wayne Burggraaff, City Manager, recommended that the council lift the moratorium on hiring of permanent full-time employees to permit filling the Council Meeting Minutes -8- October 10, 1978 vacancy in a Clerk Typist II position in the Parks and Recreation Department. Motion by Ludeman, seconded by Jacobsen to authorize the filling of this position vacancy. A11 ayes - Carried. 16. Payments and Estimates Motion by Jacobsen, seGOnded by Ludeman that the following payments and estimates be approved; A. Fischer Construction Co., Application ~~3 for General Construction on CP 719, Christian Park,~89% complete - $43,470. B. Lee Richert Plumbing, heating for pump and piping and ' appurtenant work for CP 695, well ~k7, 100% complete - $5,837.29. All ayes - Carried. 17. Claims and Payrolls Motion by Ludeman, seconded by Luettingex that the following claims and payrolls be approved: RICHFIELD BANK & TRUST Checks - 37006/37533 General $398,477.73 Checks - 43421/43689 Payroll $144,720.65 SUMMIT STATE BANK Checks 42748/43705 $422,999.39 All ayes - Carried. 18. Licenses Motion by Anderson, seconded by Luetti,nger that the following licenses be approved: Fee Waived New Church of St. Peter, 6730 Nicollet, October 15, 1978 Bingo Council Meeting Minutes -9- October 10, 1978 Licenses - Continued Regular New Cookie Jar Bakery, 6532 Penn Food, food vehicle New Southtown Mobil, 7744 Penn Food, soft drink, cigarette A11 ayes - Carried. The City Manager reported that Walser Buick, 2100 West 78th Street, has re- quested a temporary sign permit for a portable ground sign to be used on Saturdays only and to be removed from the property when not in use. He indicated that city ordinance regulations of temporary signs do not exactly fit the portable ground sign that is being proposed, and th at signs authorized by the temporary sign ordinance have a 60 day limitation. He suggested that the council authorize the sign for a temporary period during which time they would be able to view the sign, and make a final determination regarding use of this sign at a later date. Motion by Luettinger, seconded by Jacobsen to approve the tempo"racy sign for Walser Buick for two weekends, during which time the council will review the sign, and make a final determination at the second council meeting in October. Poll of votes: Ayes - Jacobsen, Ludeman, Luettinger, Lam. Nays = Anderson. Carried. Motion by Ludeman, seconded by Luettinger that the following taxicab driver licenses be approved: Taxicab Drivers New Robert Swanson, 4227 Yosemite, St. Louis Park New John Kruzel, 3334 Brown Low Avenue, St. Louis Park New Edmund Woolcott, 3359 Coachman Road, Eagen Renewal Robert Miller, 1016 W. Burnsville Parkway, Burnsville New Thomas Knutson, 5030 39th Avenue South, Minneapolis New Brian Freeborn, 720 Adams Street N.E., Minneapolis New William Adelmann, 850 Jonathon Drive, Apple Valley All ayes - Carried. Council Meeting Minutes -10- October 10, 1978 19. Adjournment Motion by Anderson, seconded by Jacobsen that the meeting adjourn. All ayes - Carried. Time: 9:04 p.m. Date Approved: October 23, 1978 Thomas J. M an City Clerk Lo en L. Law a r Wayne S. Burggr Ci Manager ~~~