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12-11-1978CITY OF RICHFIELD ' Regular Meeting December 11, 1978 The Council of the City of Richfield met in regular session in the Council Chambers of the City Hall on Monday, December 11, 1978, at 7:00 p.m. Rev. Paul Romstad, of Woodlake 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 Anderson, seconded by Jacobsen that the minutes o.f the November 27, 1978, city council meeting be approved as amended. All ayes - Carried. 2. United National Super Bloc, PUD, Second Reading Wayne Burggraaff, City Manager, informed the council the applicant had again requested a deferral on this hearing to the council meeting of December 26. Motion by Jacobsen, seconded by Anderson to continue this hearing to December 26, and direct the staff to notify United National Corporation of the council's desire to finalize this rezoning at the December 26th meeting. All ayes - Carried. 3. Request for Special Use Permit, 4 West 66th Street Richard Krier, Planning and Redevelopment Director, reviewed the application of Foon Duck Quan, Sik Wai Quan and United National Corporation for a special use permit to open '.a restaurant at 4 West 66th Street in the Hub Shopping Center, as outlined in Council Letter No. 351. He recommended approval of this special use permit subject to the following stipulations: 1. That final Hub PUD plans or alternative parking lot and urban design plans for the area near the restaurant be approved by the city council. Council Meeting Minutes -2- ~ December 11, 1978 2. That United National Corporation post a sufficient bond to insure that the parking lot adjacent to the proposed restaurant is improved by the summer of 1979, with the bond amount to be determined by the city manager. 3. That signing and the building front design conform to the L/H/N Urban Design Guidelines. Motion by Jacobsen, seconded by Anderson to close the hearing. All ayes - Carried. Motion by Ludeman, seconded by Luettinger to approve this. request for a special use permit, subject to the three above listed stipulations. A11 ayes - Carried.. 4. Request for Special Use Permit, Variance and Off-Street Parking Contract, Super America, 2913 West 66th Street Richard Krier, Planning and Redevelopment Director, presented the request of Super America to remove a vacant structure at 2913 West 66th Street, and construct a new service station at that location, as outlined in Council .Letter No. 354. Mr. John Hoganson, engineer/manager of Super America, was present and spoke in behalf of their request .for a special use permit and a canopy variance. Motion by Jacobsen, seconded by Anderson to close the hearing. All ayes - Carried. Motion by Luettinger, seconded by Ludeman to approve the variance to construct a canopy. All ayes - Carried. Motion by Anderson, seconded by Jacobsen to approve. the special use permit subject to the following stipulations: 1. A three foot high earth berm be constructed along Washburn Avenue to screen residences from headlights. 2. The site drain toward 66th Street to help prevent flooding of the property to the south of the site and that the final drainage plan be approved by the public works director. Council Meeting Minutes - 3- 3. The illumination of all lighting on the site not exceed one foot candle at any property line,. 4. Hours of operation be 6:00 a.m. to 11.:00 p.m. except on Fridays and Saturdays when hours shall be 6:00 a.m. to 12:00 p.m. 5. The outside condensors be adequately baffled to limit noise, baffling methods to be approved by the environmental health-director. 6. No outside storage be permitted. 7. The applicant pay for placement of one-way signs on the alley adjacent to the site to prevent traffic from short- cutting through the alley. 8. Drainage and lighting plans be approved by the public works director. A11 ayes - Carried. December 11, 1978 Motion by Ludeman, seconded by Luettinger that the following resolution be RESOLUTION N0. 6001 RESOLUTION APPROVING LAYOUT AND CONTRACT FOR OFF-STREET PARKING IN ACCORDANCE WITH APPLICATION N0. 78-16, CONTRACT N0. 2281 Super America Location: 2913 West 66th Street Use: Convenience Store with Petroleum Products Sale adopted; that it be spread in the resolution book and that it be made a part of these minutes.: Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nays - None. Carried. This resolution appears as Resolution No. 6001 in Resolution Book No. 42. 5 Request for Variance, 2801-09 West 66th Street, Fence Installation Richard Krier, Planning and Redevelopment Director, presented a request from Burger King Restaurant at 2800 West 66th Street for a one foot variance to the fence ordinance to enable them to construct a fence five feet high on the south side of 66th Street to comply with the wishes of the residents, as outlined in Council Letter No. 352. Council Meeting Minutes -4- - December 11, 1978 Mr. Jim Nunn, of Burger King, was present and said the. company wished to comply-with the desires of the neighbors. Motion by Jacobsen, seconded by Ludeman to close the hearing. A11 ayes - Carried. Motion by Anderson, seconded by Ludeman to .grant a variance of one foot to allow the construction of a five foot fence-with a four foot setback. All ayes - Carried. 6 Request for Special Use Permit, 6921 Xerxes Avenue, Family .Group Home Day Care Center .Richard Krier, Planning and Redevelopment-Director, presented the request of Ms. Joan Perry, 6921 Xerxes Avenue, for a special use permit to operate a group family day care home in her residence, as outlined in Council Letter No. 353. He reported the staff and planning commission had recommended approval of issuance of this special use permit subject to three stipulations. Ms. Perry. was present-and spoke in behalf of her application. Motion by Jacobsen, seconded by Anderson to close the hearing. All ayes - Carried. Motion by, Jacobsen, seconded by Luettinger to approve-.the special use permit subject to the following. stipulations: 1. The applicant be licensed for a group family day care home as required by state regulation DP~~2. 2. A11 animal waste in the yard be cleaned_up daily and s-toted . in plastic bags in covered containers in a location not accessible to the children. 3. All gates be locked to prevent children from gaining access to the swimming pool area and the alley. A11 ayes - Carried. Council Meeting Minutes -5- December 11, 1978 7. Capital Improvement Program 1979/84 Hearing Wayne Burggraaff, City Manager, presented a general review of the capital projects contained in the proposed 1979/84 Capital Improvement Program. The council adjourned at 8:30 p.m, to conduct the HRA meeting and reconvened at 11:40 p.m, 8. Setting Date of Hearing for L/H/N Boundary Changes Wayne Burggraaff, City Manager, advised the oouncil t;~ t~e_H~A. dad r~.fer-red a proposed amendment to the L/H/N project area boundaries to the nits council for a public hearing and council action, which is a necessary step in amending the project area boundaries, as outlined in Council Letter No. 359. He said state statute requires the council to set a date of public hearing and recommended the council take the proper action. Motion by Anderson, seconded by Jacobsen to set the date of hearing for=the proposed amendment to the L/H/N boundary for Thursday, December 28, 19.78 at 7:00 p.m. All ayes - Carried. Council members asked that members of the planning commission be invited to attend the special city council meeting. 9. Capital Im rovement Pro.~ram 1979/84 Hearing The council again considered the Capital Improvement Program and determined that, in view of the lateness of the hour, the hearing be continued. Motion by Ludeman, seconded by Luettinger to continue the hearing of the 1979/84 Capital Improvement Program to December 26, 1978.. A11 ayes - Carried. 10. Tabulation of Bids, Minutest and Award of Contract for Central Garage Gas Pumps and Storage Tank Wayne Burggraaff, City Manager, reviewed the three bids received for the installation of gas pumps and tanks at the central garage. He recommended the council approve the bid of Northwest Service Station Equipment Company. .Motion by Ludeman, seconded by Luettinger to approve the bid minutes and the Council Meeting Minutes -6- December 11, 1978 manager's recommendation to award the bid to Northwest Service Station Equipment Company in the amount of $18,473. All ayes - Carried. 11. Purchases in Excess of $1,000 Wayne Burggraaff, City Manager, recommended council authorization for four purchases in excess of $1,000, as outlined in Council Letter No. 358; 1. Purchase of 25 radio paging units to be issued to the volunteer firefighter reserve for a total cost of $6,950. 2. Purchase of rack salt for snow removal from Cargill, Inc. in the amount of $2,057. 3. Purchase of a replacement circular track for the accelator at the water treatment plant in an amount not to exceed $3,800. 4. Purchase of 8 public safety and 2 pool cars to replace fully depreciated vehicles. These purchases will be made through Hennepin County Joint Purchasing Program and the total cost. will be $64,210. Motion by Jacobsen, seconded by Anderson to approve the purchase of the radio paging units and the rock salt. All ayes - Carried. Motion by Ludeman, seconded by Anderson to approve the purchase of the accelator track and the motor vehicles. All ayes - Carried. 12. Tabulation of Bids, Minutes and Award of Contract for Warning Sirens Wayne Burggraaff, City Manager, reviewed the bid received for installation of warning sirens in three locations of the city, as outlined in Council Letter No. 346. He recommended the council award the bid to the one bidder, Electric Service Company. Council Meeting Minutes -7- December 11, 1978 Motion by Jacobsen, seconded by Anderson to approve the bid minutes and the manager's recommendation of awarding the bid to Electric Service Company to complete this work in the total amount not to exceed $16,732. A11 ayes - Carried. 13 Approval of Architectural Agreement for Lyndale Liquor Store Site Improvements The city manager reviewed the proposal for architectural services for improvements to the Lyndale Liquor Store, as outlined in Council Letter No. 336. Jeff Page, liquor stores manager, and Jim Lindberg, Lindberg Pierce, Inc., answered questions. Motion by Jacobsen, seconded by Anderson to approve the agreement with Lindberg Pierce, Inc. All ayes - Carried.. 14. Release of Off-Street Parking Bond, 6335 Cedar Avenue Wayne Burggraaff, City Manager, advised the council that the public works department has inspected the property located at 6335 Cedar Avenue and has found that the owner has complied with all terms of-the off-street parking agreement. He recommended the council adopt the necessary resolution authorizing the release of the performance bond for this off-street parking contract. Motion by Jacobsen, seconded by Anderson 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. 6002 RESOLUTION RELATING TO RELEASE OF BOND ON OFF-STREET PARKING Mrs. Margaret Traiser Location: 6335 Cedar Avenue South Use: Rental Building for Storage and Light Manufacturing Po11 of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nays - None. Council Meeting Minutes -8- ~ December 11, 1978 Carried. 'T`his resolution appears. as Resolution No. 6002 in Resolution Book No. 42. 15. Appointments to Wine Ordinance Study Committee , The council reviewed the applications of persons desiring to serve on the wine ordinance committee. Richard Blevins, 7539 Washburn, noted that several of the applicants were already serving on other advisory committees. Motion by Jacobsen, seconded by Luettinger to defer this item to the December 26th meeting. All ayes - Carried. 16. Setting Date of Hearing for Liquor License Renewals Wayne Burggraaff, City Manager., recommended the council set a date of hearing for renewal of the on-sale. liquor licenses of The Godfather, Inc. and The Left Guard Corporation. Motion by Jacobsen, seconded by Anderson to set the date for hearing on the applications for renewal of these on-sale liquor licenses for December 26, 1978, A11 ayes - Carried. r 17. Request for Extension of Time to Initiate Special Use Permit Use Wayne Burggraaff, City Manager, advised the council a request for extension of a special use permit had been received from Penn Properties, Inc. This firm had been granted a special use permit to construct a six-unit three story apartment building at 6945 Penn Avenue in December of 1977, but has not as yet started the project. Motion by Anderson, seconded by Ludeman to extend the special use permit for 695 Penn Avenue for one year. All ayes - Carried. L~ Council Meeting Minutes -9- 18. Discussion of Dog Control and Licensing Procedures December 11, 1978 Motion by Luettinger, seconded by Ludeman to defer discussion of this item to the next council meeting. All ayes - Carried. 19. Discussion of Resolution Supporting President's Wage-Price Guidelines Wayne Burggraaff, City Manager, presented a resolution confirming the city's support of President Carter in his effort to control wages and prices. He recommended council approval of this resolution. 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. 6003 RESOLUTION INDICATING RICHFIELD'S SUPPORT FOR THE PRESIDENT'S WAGE AND PRICE GUIDELINES Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nays - None. Carried. This resolution appears as Resolution No. 6003 in Resolution Book No. 42. 20. Payments and Estimates Motion by Jacobsen, seconded by Anderson that the following payments and estimates be approved: A. Minnesota Valley Wholesalers. Payment for 232 out of 350 picked up to date, C.P. 733, Boulevard tree replacement - $17,168.00 B. Lino Lakes - Estimate ~~5 and final. Turf establishment and plant installation 1977 street improvement, C.P. 686 - $1,660.57 All ayes - Carried. 21. Licenses Motion by Anderson, seconded by Jacobsen that the following licenses be approved: Council Meeting Minutes -10- Regular Renewal Church of St. Richard, 7540-Penn New Kenny's Family Foods., 6700 Penn Pigeon License New -James Nothom,. 6429 - 22nd Avenue Taxicab Drivers New David LeVore, 2422 W. 42nd Street, Minneapolis New John Overton, 3201 E. 39tfi Street, Minneapolis New Mary Hedrix, 6320 Humboldt Avenue New Timothy O'Brien, 7317 Bryant Avenue New Robert Spongberg, 2841 Mashburn Place, Bloomington New Sandra Miller, 1016 W. Burnsville Parkway, Burnsville New Joseph Cantin, 14282 Irving Avenue, Bloomington December 11, 1978 Bingo license Retail on-sale beer. 2 pigeons All ayes - Carried. 22. Claims and Payrolls Motion by Anderson, seconded by Ludeman that the following claims and payrolls be approved: RICHFIELD BANK & TRUST Checks 37096/38527 General $608,051.87 Checks 44403/45296 Payroll 140,991.05 SUMMIT STATE BANK Checks 44350/45307 222,521.55 A11 ayes - Carried. 23 Discussion (Not on Agenda) The council had a discussion regarding the volunteer services being provided at the Community Center through the Volunteer Emergency Assistance Program (NEAP). It was felt that something should be done to demonstrate the city's appreciation to the volunteer workers for the many hours of service they have devoted to this program. Council Meeting Minutes -11- December 11,-1978 Motion by Law, seconded by Jacobsen to provide the VEAP office with a wall plaque expressing the city's appreciation for the services that they are providing. All ayes - Carried. 24. Adjournment Motion by Anderson, seconded. by Jacobsen that the meeting adjou:rn'. A11 ayes - Carried. .Time; 12;35 a.m., December Date Approved: December 26, 1978 . %~ Thomas J oran City Clerk Wayne S. Burggraaff City Manager