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10-23-1978CITY OF RICHFIELD Regular Meeting October 23, 1978 The Council of the City of Richfield met in regular session in the Council Chambers of the-City Hall on Monday, October 23, 1978, at 7:00 p.m. Rev. John Wright, Richfield Church of Christ, gave the invocation. The meeting was called to order by Council President Pro tempore, Anderson. Present: Anderson, Jacobsen, Ludeman, Luettinger Absent: Law (Arrived at 7:30 p.m.) 1. Minutes Motion by Ludeman, seconded by Jacobsen to approve the minutes of the budget hearings of October 2, and 5, 1978. A11 ayes - Carried. Absent - Law. Motion by Jacobsen, seconded by Luettinger to approve the minutes of the regular council meeting of October 10, 1978. All ayes - Carried. Absent - Law. 2 United National Superblock, Commercial Planned Unit Development. Second Reading. Wayne Burggraaff, City Manager, reported United National Corporation had sent a letter (C-9851) requesting continuance of this rezoning hearing to November 27,1978. Motion by Luettinger, seconded by Jacobsen to continue this hearing to November 27, 1978. A11 ayes - Carried. Absent - Law. 3 Vacation of Grand Avenue Between 65th Street and 66th Street. Second Reading. Wayne Burggraaff, City Manager, recommended the city council give second reading to the ordinance to provide for vacation of Grand Avenue between 65th and 66th Street which had been requested by the HRA as part of the K-Mart redevelopment. Lawrence Wozniczka, 6744 Wentworth, spoke in opposition to this street vacation. Council Meeting Minutes -2- October 23, 1978 Motion by Jacobsen, seconded by Ludeman to close the hearing. All ayes - Carried. Absent - Law. Mayor Law arrived at 7:30 p.m. Bi11 1978-16, Transitory Ordinance No. 1b.49; "An Ordinance Providing for the Vacation of a Portion of Grand Avenue", was read and reviewed by Clayton LeFevere, City Attorney,. the same being on file in the office of the city clerk. (C-9835) Motion by Ludeman, seconded by Anderson that this constitute a second reading of Bill 1978-16; that it b~ 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. 4. Request for Special Use Permit and Variance, Burger King, 2800 West 66th Street Richard Krier, Planning and Redevelopment Director, presented the request for a special use permit and variance of Burger King at 2800 West 66th Street, Lo allow the construction of a drive-through=service window, as outlined in Council Letter No. 307. Mr. Krier reviewed the staff and planning. commission findings and their recommendations for approval, subject to certain stipulations. Mr. James Nunn, of Burger King Corporation,- answered questions from the council. Mrs. Frank Genge,-2805 West 66th Street, summarized conditions Burger King has agreed to with the neighborhood and spoke in favor of fencing. Motion by Anderson, seconded by Jacobsen to close the hearing. All ayes - Carried. Motion by Ludeman, seconded by Jacobsen to approve the special use permit 1 subject to the following stipulations: Council Meeting Minutes -3- October 23, 1978 1. An area of at least 21 feet be maintained in the rear of the structure between the trash enclosure and the curb closest to the main building to allow for the safe movement of two lanes of traffic; 2. Fencing and shrubbery on the south side of 66th Street suitable with the neighbors be constructed and maintained by Burger King, Inc.; 3. Provision of a height restriction warning sign to protect the overhang area of the new drive-thru canopy; 4. Entrance and exit roadways to be signed "Enter Only" and "Exit Only" with the sign design approved by the Planning Department; 5. Clean-up of the area to occur in accordance with Burger King, Inc. letter of October 9, 1978 to area residents; 6. Landscaping to be in accordance with city policy. All ayes - Carried. 5. Minutes, Tabulation of Bids and Award of Contract for Brush Picker Wayne Burggraaff, City Manager, reviewed the bids received for a cab-mounted brush picker, as outlined in Council Letter No. 302. Motion by Jacobsen, seconded~by Ludeman to approve the bid minutes. All ayes - Carried. Motion by Ludeman, seconded by Anderson to approve the manager's recommendation and authorize the award of bid to the low bidder of Stuart's Inc. in the amount of $9,196. All ayes - Carried. 6. Traffic Control Requests Joyce Wilde, Administrative Assistant, presented the following recommendations for traffic controls: Amendment to Parking Regulations at Community Center Traffic controls have resulted in a conflict for staff assigned to the Com- munity Center and it has been requested that the restrictions on parking. be amended. Council Meeting Minutes -4- October 23, 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 a part of these minutes: RESOLUTION N0. 5985 RESOLUTION PLACING PARKING RESTRICTIONS ON THE SENIOR CITIZEN/COMMUNITY CENTER BUILDING LOT AT 7000 NICOLLET AVENUE SOUTH Po11 of votes: Ayes -.Anderson, Jacobsen, Ludeman, Luettinger, Law. Nays - None. Carried. This resolution appears as Resolution No. 5985 in Resolution Book No. 42. Amendment to Parking Regulations in 7600 Block Stevens Avenue Ms. Wilde reported that the residents had asked that the signing in this area be amended as confusion had resulted from the present parking restrictions.. 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. 5986 RESOLUTION RELATING TO TRAFFIC CONTROL SIGNS, ESTABLISHING "NO PARKING BETWEEN SIGNS" FROM NORTH LINE OF PROPERTY AT 763.8 AND 7639 STEVENS AVENUE TO 77TH STREET INTERSECTION Poll of votes: Ayes.- Anderson, Jacobsen, Ludeman, Luettinger, Law. Nays - None. Carried. This resolution appears as Resolution No. 5986 in Resolution Book No. 42. Traffic Signal on 66th Street Adjacent to Wood Lake School Property Ms. Wilde advised the council that the traffic control committee had received a petition from area residents requesting that the traffic control signal be allowed to remain on 66th Street after the Wood Lake school property has been demolished. Motion by Luettinger, seconded by Anderson that the following resolution be adopted; that. it be spread in the resolution book and that it be made apart of Council Meeting Minutes -5- October 23, 1978 these minutes: RESOLUTION N0. 5987 RESOLUTION AMENDING RESOLUTION 5537 Po1I of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nays - None. Carried. This resolution appears as Resolution No. 5987 in Resolution Book No. 42. Motion by Law, seconded by Anderson to direct the staff to ask Hennepin County to construct guard rails along the east bound traffic lanes on the Crosstown High- way in the area of 12th and 13th Avenues. A11 ayes - Carried. 7. Request for Approval of Off-Street Parking Contract,. 801-803 West 77 1/2 Street Wayne Burggraaff, City Manager, reviewed the application of Robert F. Adelmann for an off-street parking contract for property located at 801-803- West 77 1/2 Street, as outlined in Council Letter No. 308. Mr. Adelmann proposes. to build an office and warehouse building on this site which was the former location of Baden's Bowling A11ey. The City Manager recommended approval of this off-street parking contract subject to the following stipulations: 1. The applicant exercise a hold harmless agreement with the city for the area used for parking which falls within public right- of-way. 2. The applicant provide adequate drainage, as determined by the public works director, on Market Drive. 3. The applicant provide adequate e~;terior lighting at .the front and rear of the parking facility. Motion by Anderson, seconded by Jacobsen that the following resolution be adopted; that it be spread in the resolution boolc and that it be made a part of these minutes: Council Meeting 'Minutes -6- October 23, 1978 RESOLUTION N0. 5988 RESOLUTION APPROVING LAYOUT AND CONTRACT FOR OFF-'STREET PARKING IN ACCORDANCE WITH APPLICATION N0. 78-12, CONTRACT N0. 2275 Robert Adelmann Location: 801-803 W. 77 1/2 Street Use: Office Space and Warehouse Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nays - None. Carried. This. resolution .appears as Resolution No. 5988 in Resolution Book No. 42. 8. Release of Bond for Off-Street Parking Contract, 6600 Grand Avenue Wayne Burggraaff, City Manager, recommended the city council-authorize re- lease of bond for off-street parking for the property at 6600 Grand Avenue as the requirements of the parking contract have been met. 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. 5989 RESOLUTION RELATING TO RELEASE OF BOND ON OFF-STREET PARKING Richfield State Agency, Inc. 6625 Lyndale Avenue South Location: 6600 Grand Avenue South Use:. Retail Store - Sale of Jewelry. Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nays - None. Carried. This resolution appears as Resolution No. 5989 in Resolution Book No. 42. 9. Appointments to Wine Licensing Ordinance Study Committee The appointment of individuals to a wine licensing ordinance study committee was considered by the council. Mayor Law indicated that since the various repre- sentative groups in the community had not been contacted, it was advisable to defer appointments. Motion by Ludeman, seconded by Jacobsen to direct. the staff to contact the Council Meeting Minutes -7- October 23, 1978 representative groups previously determined by the city. council to request them to recommend an individual from each organization that might be willing to serve on the committee and to make this information available for council consideration at the December 11, 1978, council meeting. All ayes - Carried. 10 Discussion of MNDOT Grant Application Wayne Burggraaff, City Manager, reviewed the grant application previously submitted to the Minnesota Department of Transportation, for a vehicle which could be used to provide transportation to seniors and handicapped as outlined in Council Letter No. 305. He recommended that the city withdraw from this federal grant application due to the uncertainties associated with the five year operational commitment which could be expected to begin in 1980. Motion by Jacobsen, seconded by Anderson to request a 30 day delay from. the funding agency and, if this were not possible, to withdraw from the grant proposal. Po11 of votes: Ayes - Anderson, Jacobsen, Luettinger, Law. Nays - Ludeman. Carried. Motion by Jacobsen, seconded by Luettinger to express our appreciation to the Metropolitan Transit Corporation for the -fact that Project Mobility is going to be in effect in our area early in 1979 and to extend to the biTC the city's eagerness to have the program and to offer our assistance in implementing it. All ayes - Carried. The City Manager recommended that the city council authorize the necessary funding to continue the CETA transportation program during the remainder of this year. Council Meeting Minutes. -8- October 23, 1978 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. 5991 RESOLUTION. AUTHORIZING TRANSFER OF APPROPRIATIONS FROM-THE 1978 CONTINGENCY ACCOUNT TO THE PARK AND RECREATION DEPARTMENT Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nays - None. Carried. This resolution appears as Resolution No. 5991 in Resolution Book No. 42.. 17.. Request for a Resolution Supporting Petition for Creation of Cable Service Territory Jeff Markus, Vice President, Northern Cablevision Inc., 1516 N.W. Financial Center, and James Erickson, attorney for Northern Cablevision, Inc., 7900 Xerxes Avenue, asked the city council to adopt a resolution supporting the creation of a seven city cable service territory which would include Richfield. Council discussion followed on the subject of serious unanswered questions regarding the future ability of the city to act in this matter if such a reso- lution were adopted. Council members also expressed concern with .respect to the statutory and regulatory procedures of the Minnesota Cable Communications Board as they relate to the establishment of a CST. The City Attorney suggested an alternative resolution which was opposed by the Northern Cablevision representatives and subsequently revised by the city council. Motion by Ludeman, seconded by Luettinger that the following resolution, essentially in the form proposed by the City Attorney, be adopted; that it be spread in the resolution book and that it be made a part of these minutes: Council Meeting Minutes -9- October 23, 1978 RESOLUTION NO. 5990 A RESOLUTION DENOTING QUALIFIED APPROVAL OF A PROPOSED CABLE SERVICE TERRITORY WITHIN THE BOUNDARIES OF THE MUNICIPALITIES OF BLOOMINGTON, EDINA, RICHFIELD, EDEN PRAIRIE, ST. LOUIS PARK, HOPKINS AND MINNETONKA Poll of votes: Ayes - Jacobsen, Ludeman, Luettinger, Law. Nays - Anderson. Carried. This resolution appears as Resolution No. 5990 in Resolution Book No. 42. Motion by Luettinger, seconded by Jacobsen to direct the City Manager to write the Minnesota Cable Communications Board expressing the council's concerns on the regulatory process relative to the creation of cable service territories. A11 ayes - Carried. 12. Payments and Estimates Motion by Jacobsen, seconded by Anderson that the following payments and estimates be approved: A. Killmer Electric Co., Estimate No. 1, electrical work, C.P. 719 Christian Park, 39% complete - $21,670.20 B. Fischer Construction Co., Estimate No. 4, Christian Park, G.P. 719, 96.5% complete - $17,730.00 C. Henry 0. Mikkelson Co., 39% Complete, Christian Park, C.P. 719 - $14,670.00 A11 ayes - Carried. Motion by Anderson, seconded by Jacobsen to approve the payment of $6,206.87 to Slurry Kote for street resurfacing, C.P. 724. Poll of votes: Ayes - Anderson, Jacobsen. Nays - Ludeman, Luettinger, Law. Motion failed. Motion by Ludeman to approve payment of 50% of this bill. Motion died for lack of a second. Mayor Law expressed the opinion that the street resurfacing done by this firm on 12th Avenue was not satisfactory. Council Meeting Minutes -10- October 23, 1978 The-City Manager and Public Works Director advised that the: work was satisfactor and in compliance with generally accepted slurry kote specifications. They recommend that the 90°lo payment be`authorized. Motion by Luettinger, seconded by Ludeman that no payment be made at this. time and that the contractor be asked to appear at the next council meeting to answer questions.-and justify the work. All ayes - Carried. 13. Claims and Payrolls .Motion by Ludeman, seconded by Luettinger that. the following claims and payrolls be approved: SUMMIT STATE B,~NK Checks 437Q7/43749 $421,221.05 RICHFIELD BANK & TRUST -Checks 37027/37717 General $690,653.00 Checks 43716/44055 Payroll $145,745.54 All ayes - Carried. 14. Licenses Motion by Jacobsen, seconded by Anderson that-the following fee waived license be approved: Fee Waived New St. Peter's Catholic Church,. 66th and Nicollet Retail on-sale 11/18/78, one day only Bingo, food All ayes - Carried. Wayne Burggraaff, City Manager, reviewed the request of 'Walser Buick for a temporary signboard, which the council authorized for use on two Saturdays, at the October 10, 1978, city council meeting, as outlined.in Council Letter. No. 311. He,p6inted out .that this requested signboard would not fall within provisions of Council Meeting Minutes -11- October 23, 1978 the city's temporary sign ordinance. Walser Buick also has requested replacement of 46 permanent banners which would also be contrary to city ordinance and the City Manager recommended the city council deny both these requests. Motion by Luettinger, seconded by Ludeman to defer action on this item to the next meeting to permit further council consideration of the matter. All ayes - Carried. Motion by Anderson, seconded by Jacobsen that the following taxicab driver licenses be approved: Taxicab Drivers New George Vasilevsky, 255 West 96th Street N. New Evone Diaz, 1002 East 21st Street New Gerard Masterman, 404 Sheridan Avenue S. New John Casey, 3585 Owasso Street New Ra.ehard Sullivan, 3871 Oak Way Renewal Steve Ginkel, 3232 B1ai.sdell Sq. New Steven Bros, 605 West 50th Street New Merle Nicholeson, 2623 Grand Avenue New Douglas Volkman, 8069 14th Avenue A11 ayes - Carried. 15. Discussion Item Mayor Law reported .receiving from the National League of Cities, a request that the city name a voting delegate and alternate for the annual NLC conference. It was agreed that Councilman Anderson would be the voting delegate and that the City Manager would be designated as an alternate. 16. Adjournment Motion by Jacobsen,. seconded by Ludeman that the meeting adjourn. All ayes - Carried. Time: 11:50 p.m. Date Approved: November 13, 1978 U G~~~U~`~/~i omas J. oran City Clerk ~ - ~,Wt Wayne S. Burggraaff ity a ager