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11-27-1978CITY OF RICHFIELD Regular Meeting ' November 27, 1978 The Council of the City of Richfield met in regular session in the Council Chambers of the City Hall on Monday, November 27, 1978, at 7:00 p.m. Rev. W. Douglas Allen, of Emerson Congregational Church, gave the invocation. The meeting was called to order by Mayor Loren L. Law. Present: Anderson, Jacobsen, Ludeman, Luettinger, Law 1. Minutes Councilman Luettinger requested the minutes be amended on Page 12 by adding the following: "Councilman Luettinger conveyed information from MASAC regarding the use of the preferential runway program." Motion by Jacobsen, seconded by Luettinger that the minutes of the November 13, 1978 council meeting be approved as amended. • All ayes - Carried. 2. United National PUD. Second Reading. (To be deferred) Joyce Wilde, Acting City Manager, reported the applicant had again asked that this item be deferred. Motion by Jacobsen, seconded by Ludeman to continue this hearing to the December 11, 1978, city council meeting. A11 ayes - Carried. 3. Request for Special Use Permit and Off-Street Parking Contract, 6545 Penn Avenue Richard Krier, Planning and Redevelopment Director, reported on the results of meetings with Mr. Tiesdal, the property owner, and the Clark Submarine Sandwich representatives regarding right-of-way questions along 66th Street and Penn Avenue. He reviewed the agreement that has been agreed upon among the property owner, the city and the county as it is outlined in Council Letter No. 337. He recommended the city council approve the special use permit, approve the off-street parking Council Meeting Minutes -2- November 27, 1978 contract and authorize the mayor and city manager to execute an agreement with the property owner. Motion by Jacobsen, seconded by Luettinger to close the hearing. All ayes - Carried. Motion by Jacobsen, seconded by Ludeman to approve the special use permit, the resolution approving the off-street parking contract, and authorize the execution of the agreement providing for preservation of the 66th Street-Penn Avenue right-o f.-way. Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Law. Nays - Luettinger. Carried. Councilman Luettinger voted "no" because the comprehensive plan indicat-es this site should be of medium to high density and that th~'s is not_the highest and best use of the land. The following resolution is adopted: RESOLUTION N0. 5999 RESOLUTION APPROVING LAYOUT AND CONTRACT FOR OFF-STREET PARKING IN ACCORDANCE WITH APPLICATION N0. 78-15, CONTRACT N0. 2280 Cardco Investment Co. 703 Hennepin Avenue, Minneapolis Location: 6545 Penn Avenue Use: Restaurant This resolution appears as Resolution No. 5999 in Resolution Book No. 42. 4. Ordinance Amendment Relating to Sauna Licenses. First Reading. Bi11 1978-24, "An Amendment to Chapter V, Part II, Section-5.25 of the Ordinance Code of the City of Richfield, Minnesota",relating to the licensing of saunas and massage parlors, was read and reviewed by Clayton LeFevere, City Attorney, the same being on file in the office of the city clerk. (C-9852) Motion by Jacobsen, seconded by Ludeman that this constitue a first reading Council Meeting Minutes -3- November 27, 1978 of Bill 1978-24; that it be published in the official newspaper and-that second reading of this ordinance amendment be scheduled for December 26, 1978. Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nays - None. Carried. 5. Setting Date for Capital Improvement Hearing Joyce Wilde, Acting City Manager, advised the council that the Capital Im- provement Program is being finalized and recommended the council set a date of hearing. Motion by Jacobsen, seconded by Ludeman to schedule a public hearing on the 1979/84 Capital Improvement Program for the regular council meeting of December 11, 19 78 . All ayes - Carried. 6. Moratorium on the Filling of Position Vacancies Joyce Wilde, Acting City Manager, recommended the council lift the moratorium on hiring to fill two permanent positions that have become vacant as the result of resignations. The vacancies consist of a Clerk Stenographer IT in the licensing department and a Parks Maintenance Person in the ice arena. Motion by Jacobsen, seconded by Ludeman to lift the moratorium on hiring to permit the filling of these two position vacancies. All ayes - Carried. 7. Payments and Estimates Motion by Jacobsen, seconded by Ludeman that the following payments and estimates be approved: A. Fischer .Construction Company, C.P. 719, Christian Park, 99% complete - $16,810.40 B. Henry 0. Mikkelson Company. Application ~~5 for Christian Park, C.P. 719, 86% complete - $16,200.00 Council Meeting Minutes -4- November 27, 1978 C. Kilmer Electric Company, Estimate ~~2, Electrical work for Christian Park, C.P. 719, 59% complete - $10,695.60 D. Bentec Engineering, C.P. 729, Estimate ~kl, Control modifications for water plant, 95% complete - $5,850.00 All ayes - Carried. 8. Licenses Motion by Anderson, seconded by Jacobsen that the following licenses be approved: Regular Renewal Faircon, Inc. 80 2nd Avenue S.E. New Bill's Cherokee Station, 1217 E. 66th Street Renewal Gopher Heating, 4815 W. 123rd Renewal Fredrickson Heating, 4030 Beau D Run Renewal Belle Rutman, 6400 Lyndale Renewal Roger Wikstrom 6900 10th Avenue New American Legion Post ~~435, 6501 Portland Kennel Licenses New James K1eve,. 6203 Bloomington Avenue New Joyce McPhetters, 7340 Emerson Avenue Taxicab Drivers New Michael Clough, 626 E. 37th Street New Christopher Kern, 102 E. 19th Street New Paul Loesch, 208 Meadow Circle New Kenneth Lommel, 7112 W. 123rd New Douglas Roen, 9016 14th Avenue New Brian Johnson, 1719 Xerxes Avenue N. New Charles Shepchik, 6039 Blaisdell Avenue A11 ayes - Carried. Heating, ventilating. Vending machine Cigarette IIeating, ventilating Heating, ventilating Christmas tree Christmas tree Christmas tree 3 dogs 3 dogs 9. Proposed Agreement Between Co it Drapery and Caret Cleaners and City. (Not on Agenda) Richard Krier, Planning and Redevelopment Director, reported that Fabritain Enterprises, Inc., dba as Coit Drapery and Carpet Cleaners, located in the LHN redevelopment, had requested permission to expand their building due to the increase in their business. Inasmuch as this firm is located in the LHN redevelopment area, Council Meeting Minutes -5- November 27, 1978 he suggested that the city provide an alternative, to allow a temporary structure versus the expansion through a permanent building addition. He reported that an agreement had been prepared by the pity ~.ttorney whereby the city would permit a temporary office unit for a two year period and that, should the city or HRA acquire title to the property on which the unit is located, no payment shall be made for the modular office unit and that the business would remove the modular office unit from the site should the site be acquired. He recommended the council authorize the mayor and city manager to execute this agreement. Lawrence Wozniczka, 6744 Wentworth, asked what conditions would be if the city did not acquire the property. The city attorney replied. Motion by Jacobsen, seconded by Anderson to authorize the mayor and city manager to execute this agreement with Fabritain Enterprises, Inc. All ayes - Carried. 10. Hearing on Year V, Community Development Block Grant Program Joyce Wilde, Acting City Manager, explained that the purpose of the public hearing on the Community Development Block Grant program was to provide the council an opportunity to receive testimony from interested residents regarding possible uses of the CD grant funds. Richard Krier, Planning and Redevelopment Director, reviewed the various agencies the city had contacted to inform them of this hearing. Julie Bye, representing Hennepin County, explained the changes in the federal program, as outlined in Council Letter No. 343. Several citizens appeared and spoke in behalf of groups which they represented. Lois Bendickson, 7217 Chicago Avenue, representing physically handicapped adults, spoke in behalf of additional housing for the disabled, such as townhouses and condominiums that would be equipped with elevators and ramps. Council Meeting Minutes -6- November 27, 1978 Lawrence Wozniczka, 6744 Wentworth, suggested using funds to alleviate the storm sewer flooding problem. Richard Blevens, 7539 Washburn, suggested funds be used to develop a park in the Adams Hill area and alleviate the flooding problem there. Motion by Anderson, seconded by Ludeman to close the hearing. A11 ayes - Carried. Motion by Ludeman, seconded by Jacobsen to authorize the staff to prepare a plan for Year V based on input received at this meeting and the federal guidelines. All ayes - Carried. 11 Final Plans and Specifications, Authorization to Call for Bids, Golf Course Project Don Fondrick, Park and Recreation Director, reviewed the status of the site plans, as outlined in Council Letter No. 342. He informed the council that the purpos of this meeting was for final council approval of plans and specifications and to authorize a call for bids. Richard Schwartz, building architect, reviewed the final plans of the main- tenance building and the club house building. Clayton LeFevere, City Attorney, explained gross revenue bonds. Carlton Lytle, 1400 West 74th Street, chairman of the golf course advisory committee, summarized the committee opinion, that the proposal is a very playable course, within the budget limits, and that the planning process is on schedule. He recommended council approval of the resolution approving final plans and specifi- cations and calling for advertisement for bids. David Roth, 6838 19th Avenue, submitted petitions (C-9853) favoring expansion of Rich Acres Park. He also indicated the neighbors were in favor of a cul-de-sac at 69th Street and 21st Avenue. Council Meeting Minutes -7- November 27, 1978 The council discussed plowing proposals and the problem of drifting snow in the area of 69th Street. They agreed to review this problem after the construction of the cul-de-sac. Motion by Luettinger, seconded by Ludeman to give the intersection of 69th Street and Zlst Avenue top priority in snow plowing when 69th Street is cut off. Poll of votes: Ayes - Ludeman, Luettinger. Nays - Anderson, Jacobsen, Law. Motion failed. Motion by Jacobsen, seconded by Anderson to review the situation after con- struction wo see whether a problem exists prior to next winter season. All ayes - Carried. Motion by Luettinger, 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. 6000 RESOLUTION APPROVING FINAL PLANS AND SPEGIFICA.TIONS AND CALLING FOR ADVERTISEMENT FOR BIDS FOR THE GOLF COURSE PROJECT - CITY PROJECT N0. 688 Po11 of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nays - None. Carried. This resolution appears as Resolution No. 6000 in Resolution Book No. 42. 12. Storm Sewer Recommendations Carl Marinics, Public Works Director, reviewed the staff evaluation of possible solutions to storm water drainage problems as presented by~the city consulting engineers, Orr-Schelen-Mayeron, as outlined in Council Letter No. 344. He stated that the purpose of this meeting was to provide information and was not a hearing. The public works director outlined four alternatives. The following individuals asked questions regarding the proposed flooding solutions: Council Meeting Minutes -8- November 27, 1978 Frank Riley, 6915 Portland Lawrence Wozniczka, 6744 Wentworth Connie Hoverson, 7408 13th Avenue The council discussed the best time to schedule an informational meeting and recommended notifying residents. Motion by Luettinger, seconded by Ludeman to schedule another informational meeting to hear a presentation of staff recommendations on a non-council meeting night. All ayes - Carried. Motion by Jacobsen, seconded by Anderson to set the date of this hearing for January 15, 1979. All ayes - Carried. 13. Aereement with Architect for Lvndale Avenue Liquor Store Improvements Joyce Wilde, Acting City Manager, recommended the council approve an agreement with Lindberg Pierce, Inc. to provide architectural services needed at the Lyndale Avenue Municipal Liquor Store, as outlined in Council Letter No. 336. Motion by Jacobsen to approve the architectural agreement. Motion failed. Motion by Anderson, seconded by Jacobsen to defer consideration of this item to the next council meeting. All ayes - Carried. 14. Claims and Payrolls Motion by Luettinger, seconded by Jacobsen that the following claims and payrolls be approved: RICHFIELD BANK & TRUST Checks 37070/38313 General $ 823,672.32 Checks 44397/45008 Payroll 143,668,35 SUMMIT STATE BANK Checks 44369/44431 $1,139,193,01 Council Meeting Minutes -9- November 27, 1978 All ayes - Carried. 15. Adjournment Motion by Jacobsen, seconded by Anderson that the meeting adjourn. All ayes - Carried. Time: 11:25 p.m. Date Approved: December 11, 1978 ~~~ ~~~ psi Thomas J Moran City Clerk oren L. Law M yor ~ ~' ~~ Wayne S. Burggraaff ty n er '~