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02-12-1979CITY OF RICHFIELD Regular Meeting February 12, 1979: The Council of the City of Richfield met in regular session in the Council Chambers of the City Hall on Monday, February 12, 1979, at 7:00 p.m. Dr. Felton S. Jenkins, retiring member of the Senior Citizens Advisory Commission, gave the invocation. The meeting was called to order by Mayor Loren L. Law. :.Present: Collins, Jacobsen, Ludeman, Luettinger, Law 1. Minutes Motion by Ludeman, seconded by Jacobsen that the minutes of the regular council meeting of January 22, 1979, be approved as submitted. A11 ayes - Carried. 2. Presentation of Certificates of Appreciation Mayor Law presented certificates of appreciation to the following retiring advisory commission members, in recognition of their service to the community: France Anderson, Planning Commission Lois Bendickson, Senior Citizens/Handicapped Commission Mildred Stake, Senior Citizens/Handicapped Commission Dr. Felton Jenkins, Senior Citizens/Handicapped Commission Emily Day, Park and Recreation Advisory Commission Stan Christianson, Park and Recreation Advisory Commission 3. Reuuest for Special Use Permit, Ground Round, ..1504 E. 78th Street Richard Krier, Planning and Redevelopment Director, reviewed the request for a special use permit submitted by Howard Johnson's. 'The special. use permit is requested to enable renovation of the existing building at 1500-1504 E. 78th Street to house a Ground Round Restaurant, as outlined in Council Letter No. 36. Mr. Krier presented the findings of the staff and planning commission with regard to this request and indicated that both recommended approval of this special use permit application. The Planning Director informed the council that Howard Johnson's Council Meeting Minutes -2- February 12, 1979 had also filed an application for a liquor license, and recommended that, should the council approve the special use permit, they also schedule a public hearing date on the request for a liquor license. , Mr. Bi11 Sheehy, of Sheehy Construction. Company, St. Paul, represented Howard Johnson's at the hearing and answered questions from the council. Motion by Ludeman, seconded by Jacobsen to close the hearing. A11 ayes - Carried. Motion by Ludeman, seconded by Jacobsen to grant the special use permit subject to the following stipulations: 1. That final drainage plan be developed by the applicant and approved by the staff; 2. That final lighting plan be developed by the applicant and approved by the staff after the staff 'has met with neighbors north of the location to review lighting plans for the site. All. ayes - Carried. Motion by Ludeman, 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. 6036 RESOLUTION APPROVING LAYOUT AND CONTRACT FOR OFF-STREET PARKING IN~ACCORDANCE WITH APPLICATION N0. 79-1, CONTRACT N0. -2288 Howard Johnson Company 222 Forbes Road Braintree, MA Location: 1504 E. 78th Street Use: Restaurant with Entertainment and Liquor Poll of votes: Ayes - Collins, Jacobsen, Ludeman, Luettinger, Law. Nays - None. Carried. This resolution appears as Resolution.No. 6036 in Resolution Book No. 43. Motion by Jacobsen, seconded by Ludeman to set March 12, 1979, as the date of hearing for: the liquor license applicatiop of Ground Round Restaurant. All ayes - Carried. Council Meeting Minutes -3- February 12, 1979 4. Commercial Planned Unit Development, United National Corporation Superblock PUD Plan. Second Reading Richard Krier, Planning and Redevelopment Director, reviewed the rezoning , ordinance which would establish the area bounded by new 65th Street, railway tracks, 66th Street and Nicollet Avenue as a Planned Unit Development. The city council gave first reading approval to the rezoning ordinance on October 24, 1977, as outlined in Council Letter No. 43. The developers, United National Corporation, Neil 0. Gustafson and Penny's Supermarket, Inc. are pro- posing to redevelop this property into a Superblock area. The Planning Director reviewed the issues that have delayed second reading of this proposed rezoning and indicated that most of these issues have now been resolved. The following parties to the requested P.U.D. were in attendance at the meeting: Richard Neiman, Financial Properties Daniel Heliicher, Korner Plaza Ralph Bruins, Summit State Bank David Sellegren, Attorney Deil Gustafson, Summit State Bank Richard Simon, Penny's Supermarket Robert Levin, Penny's Supermarket John Dean, Assistant City Attorney, read a resolution establishing the location of the financial institution proposed in the P.U.D. plan. Lawrence Wozniczka, 6744 Wentworth, asked about the proposed setback of the financial institution as compared to setbacks for residential property. He also asked about pedestrian walkways through the P.U.D. area. Motion by ,Tacobsen, seconded by Ludeman to close the hearing and to approve the P.U.D. Plan with the following stipulations: 1. That the plan be brought into conformance with the Urban Design Guidelines of the Lyndale/Hub/Nicollet area, including resolution of the concerns expressed in Exhibit 0 attached to Council Letter No. 43; Council Meeting Minutes -4- February 12, 1979 2. That the parking lot be re-designed to effectively park and move traffic in accordance with design standards of the city. All ayes - Carried. Bill 1977-24, "An Amendment to Appendix.C of the Ordinance Code of the City of Richfield, Minnesota", relating to defining the boundaries of the various zoning districts of the City, was read and reviewed by John Dean, Assistant City Attorney, the same being on file in the office of the city clerk. (C-9803) Motion by Ludeman, seconded by Luettinger that this constitute a second reading of Bill 1977-24; that it be published in the official newspaper and that it be made a part of these minutes. Poll of votes: Ayes - Collins, Jacobsen, Ludeman, Luettinger, Law. Nays - None. Carried. Motion by Jacobsen, seconded by Collins that the following resolution be adopted; that it be spread in the resolution book and that it be made a part of these minutes: 1 RESOLUTION N0. 6037 RESOLUTION CONCERNING LOCATION OF FINANCIAL INSTITUTION PROVIDED • FOR IN PLANNED UNIT DEVELOPMENT REZONING Poll of votes: Ayes - Collins, Jacobsen, Ludeman„ Luettinger, Law. Nays -~Notte. Carried. This resolution appears as Resolution No. 6037 in Resolution Book No. 43. Motion by Ludeman, seconded by Jacobsen to approve the preliminary plat with the following stipulations: 1. That storm water drainage plans be approved by the Public Works Director; 2. That the water system be looped to Nicollet Avenue to allow sprinkling of the existing buildings; 3. That a separate kitchen sanitary sewer be provided; 4. That easements be provided for underground utilities. All ayes - Carried. Council Meeting Minutes -5- 5. Petition for Vacation of Portion of Pillsbury Avenue February 12, 1979 Richard Krier, Planning and Redevelopment Director, advised the council that, as part of their P.U.D. plan, United National Corporation and Penny's Supermarket, . Inc. had submitted a petition for the vacation of Pillsbury Avenue between 65th Street and 66th Street, as outlined in Council Letter No. 34. Mr. Krier stated that the street vacation was necessary to implement the following improvements: 1. Improvements in the parking areas of both the Hub Shopping Center and the Penny's Supermarket Property; -2. Improve traffic flow and increase the number of parking spaces available; 3. Redevelop the Hub/Penny area; 4. Implement the proposed Hub/Penny/Summit P.U.D. Mr. Krier reviewed the staff and planning commission findings with regard to 1 this requested vacation. He recommended that reading of the street vacation ordinance not take place until the council gives approval to the final redevelopment plan for PhaselI of the P.U.D. plan. He also recommended that the council take action at this time to acknowledge receipt of the street vacation petition and express their intent regarding this vacation. Motion by Luettinger, 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. 6039 RESOLUTION DECLARING COUNCIL INTENT WITH RESPECT TO THE VACATION OF A PORTION OF -- PILLSBURY AVENUE Poll of votes: Ayes - Collins, Jacobsen, Ludeman, Luettinger, Law. Nays - None. Carried. This resolution appears as Resolution No. 6039 in Resolution Book No. 43. Council recessed at 8:55 p.m. to conduct the HRA meeting and reconvened at 9:50 p.m. Council Meeting Minutes -6- February 12, 1979 6. Ordinance Amendment Relating to Council Salaries. Second Readine. Assistant City Attorney, John Dean, read and reviewed Bill 1979-2, "An Amendment to Chapter XII, Part I, Section 12.02 of the Richfield Ordinance Code", relating to , compensation of mayor and council members, the same being on file in the office of the city clerk. (C-9856) Mayor Law read a letter from Mrs. Geri Christensen, 6929 10th Avenue (C-9861) stating her opposition to the passing of this ordinance. Motion by Jacobsen, seconded by Ludeman that this constitute a second reading of Bill 1979-2; that it be published in the official newspaper and that it be made a part of these minutes. Poll of votes: Ayes - Jacobsen, Ludeman. Nays - Collins, Luettinger, Law. Motion failed. 7. Transitory Ordinance Appropriating Funds for Park Improvements. Second Readinf~. Joyce Wilde, Acting City Manager, reviewed various park improvements that would be implemented in 1979 through this appropriation of special revenue monies. Richard Blevins, 7539 Washburn Avenue, asked about any scheduled improvements r for Jefferson Park. Bill 1979-3, Transitory Ordinance No. 16.54, "A Transitory Ordinance Providing for the Expenditure of Money from the Special Revenue Fund for Park Acquisition and Betterment", was reviewed by Assistant City Attorney, John Dean, the same being on file in the office of the city clerk. (C-9858) Motion by Luettinger, seconded by Jacobsen that this constitute a second reading of Bill 1979-3;~that it be published in the official newspaper and that it be made a part of these minutes. Poll of votes: Ayes - Collins, Jacobsen, Ludeman, Luettinger, Law. Nays - None. Carried. Council Meeting Minutes -7- February 12, 1979 $; Transitory Ordinance Relating to Proposed City Charter Amendment. First Reading. Mr. Gordon Anderson, president of the Charter Commission, reviewed the proposed charter amendment which would change filing provisions for elective offices. He explained that this amendment would .bring Richfield's filing requirements into agreement with the required filing dates for statutory cities. Tom Moran, City Clerk,-advised that, should the city council approve the charter provision relating to the filing period, it would be necessary to adopt an additional amendment to the city code to reflect the change in filing period. Bill 1979-6, Transitory Ordinance No. 16.55, Charter Amendment Ordinance No. 6, "An Ordinance Relating to Elections; Changing the Date for Filing for City Elective Offices; Amending Section 4.04 of the Richfield City Charter", was read and reviewed by John Dean, Assistant City Attorney, the same being on file in the office of the city clerk. (C-9862) Motion by Jacobsen, seconded by Collins that this constitute a first reading of Bi11 1979-6; that it be published in the official newspaper and that second reading of this transitory ordinance be scheduled for March 12, 1979. Po11 of votes: Ayes - Collins, Jacobsen, Ludeman, Luettinger, Law. Nays - None. Carried. Bill 1979-7, "An Amendment to Chapter II, Part V, Section 2.67 of the Ordinance Code of the City of Richfield", was read and reviewed by John Dean, Assistant City Attorney, the same being on file in the office of the city clerk. (C-9863) Motion by Ludeman, seconded by Luettinger that this constitute a first reading of Bill 1979-7; that it be published in the official newspaper and that second reading of this ordinance amendment be scheduled for March 12, 1979. Po11 of votes: Ayes - Collins, Jacobsen, Ludeman, Luettinger, Law. Nays - None. Carried. Council Meeting Minutes -8- February 12, 1979 9. Approval of Purchases in Excess of $1,000. Joyce Wilde; Acting City Manager, recommended council authorization for three purchases in excess of $1,000, as outlined in Council Letter No. 33; 1. Six hundred lineal feet of sewer jet hose from Flexible Pipe Company, Sauk Center, Minnesota, in the amount of $1,260; 2. Street sign post puller from MacQueen Equipment, St. Paul, in the amount of $2,125; 3. MT Trackless Vehicle Lawn Mower Attachment from MacQueen Equipment, in the amount of $1,660. Motion by Jacobsen, seconded by Ludeman to authorize these purchases in excess of $1,000. All ayes - Carried. 10. Approval of Engineering Consultant Agreement Joyce Wilde, Acting City Manager, advised-the council that Orr-Schelen-Mayeron and Associates, Inc. had presented a proposal to provide necessary engineering services to prepare the preliminary plans and reports for addressing the flooding problem areas adjacent to Wilson and Norby Ponds. This agreement covers Alternative C improvements described in the previous engineering report prepared on this matter. She recommended that the council approve the agreement. Motion by Jacobsen, seconded by Luettinger to authorize the agreement between the city and Orr-Schelen-Mayeron and Associates, Inc. providing for preparation of preliminary engineering reports for certain improvements to Norby's Pond, Wilson's Pond and drainage in the right-of-way. Poll of votes: Ayes - Collins, Jacobsen, Ludeman, Luettinger. Abstain - Law. Carried. Council Meeting M3.nutes -9- -~,_~February~l2, 1979 11. Avahorization to Pre a_e F~,nal Plans and S ecifications,for L/H/11T Pub is Imp r'ove~e~t - _ ~~_ ,,, °, , ~ ," ~~~, : ~ ~ ~ ~ ~ , :.~.. '.~ ~ - , . ~ , . _ - ~ - -' _ _~_N ~..~ '_' `~ .Ti~~ceY`''i'.1c~~e'- A~'~'i=~t~ G~~`i"£'y~ l~a'xiag'~~i~, "a'c~vi~'ec~ "~h'e "c~du~id~,~.'; th'a'~'~~'th'e'~,~~:~y "is~ committed ' _p ~Y a_,1i ~-r -q ri >X'-F '7 ~ l ~, ~. ~Yt7 ~~" tr"r n~ ~ ~i ~I~~ 9!! ~ i GydV) , / Id'740~,1 ~YY"yf~-iy-it ~ ett `'''1 ~'j '+'Y.t,~J ih 1979 ~ to ~om~itet~'ng pu`b1~.~ ~ip~ov~n~x~ts, in.c~uc~ing s~:~ewalk§ and ~anc~scapirtg, which bo~'d'~i~ d~y's'~'rv~~`~'e s~~'tr~ral "r~'c~e'~relci'pm'en,'f' ~`si~te's `p'ces'~nL'~~.'y`~'ii'de'~'~coris'~ruc'~'~on,r`as' out- lined in Council Lcb't'e'~ Cl~o:~~~18{: ~r`Sii'e °r'ecamme'n'd~'d' Itihat 'th'e "`~oinc~.~l~ aufthor~z'e"-pr~~aration of i'3.~a1'~r~'~~~k~~' and'~~~y~'c3~ff`C'a~'#:bins'~~'~i'r'~~'tl~s'e~yi~mp'ro~eme~it~g:'.C~~ ~>:it~=! h~~F;~cc-,~~t ~,Ya'~' "° `' ~'~' "4~1Kot'i'on`~ ~'1~~'~,~'a"c'~b~'~~c~.;' ~s~~'~'o~ic~'ed ~"b"q' L'tx~demaY °th~'t~ {tle fo~ly6w~ng "~esolut~ori ~ ~e~ta~d'opted; ~~ ~ ~r~ ~~~ja: ~ "tC ~'3 ~:~ _•{i~~`r ~ ) ry6 J ' i~") tlf~l (a1 1f1711l~~¢1~9YlTLS ~~t 11 C7~"~~1'~~.,~ that it ~'iie s~read ~~ t~i~ ~' esd~luti~on -book ands that' it lie made a part of thes"e m nutes 1 ,,F'~ , uV( ~,c,nr>n.lC7`tf~ rrt~n~rC~r~oart~t '~r~~`~'t~;-a~~.tE~~L~'I01~'~~~0~.'~~i~'~+~~,~i t} ~~a~,) I~~>>~f~.~i'i' ,~ •~!'~C'~ 1:1.y:!i ~~~~ ~ r ~~ ~ ~,~'~ ;':1,~,! 'Lrl_l ~tirf.~.l.~''1 I in ~ " )' at f ~ +i~, { )I-,.~ tail '°'iYf(~rLti.~~".C~ 1J~w'~ - R~~o>a'~o~ ~P~w~triYG ~E'~it~fNa~~ ~ ~ ENGI E ' ~ PO1;T ANA A~THORIZ ING {r°~J'~1~r~+';C i;if~F.; CiFS?d.f f,GVY ',°:-'_ i '~6 ~r 1 ~ ~~, r N ~ Y t rr,f f'r~l; ~ If,~:~,/fCt11F11 ;g;oJ~;7 U r ~ARA 0~1 d~ FINAL }~5~ AN$ '' SPECIFICATIONS, LY~TDALE/HUB/NICOLLET y y !),l-7 ir7 'l.l~~-~~=~b J~:~:3 8~.~ :~3~.,~ ~"f ° i. {be~_ Yr J i-s~~ `11i~~1,{,L~ltif~'4 rr~k~!?~~ °rrll]~ ~'rl Q ~AR~A is~B~~~C ~IP'Rb~MEDI'~S ' 1'011 of votes: Ayes -Collins, Jacobsen,, Ludeman, Luettinger~,'""`~;a~a"~~ N'~~r`>~~~~=~~' 1~d~i~e. C~"~i~ie"d ',`'I~.`3~~ ~e's~o~lii°ti~fi' ~pp~'ar'~''a's `>~.eso~li~~to~ Il~o,~"b~}~0 °~.ri,~l~esolixt~~~r1`t~ci~o~'~ No. 43. l2 ~°f'"Re~o7.'~#~ti-Yo~~r~`bprb`~i~~j'~~Ct~'iis~.xon `o~~`~D'i~eased~`S~w~~~e" ~'i~ee' `Pro~~~an r~`°t_~~; tai p J; ~~~_r '~~ ~~ ~N ~" R' d~r'~'rt~' , 9U6r."EI~,,, ~r~ .'o-r ~°"'~F rr ~ v 9 ~~.~',K"_-t i 6'99 r ~ ~~ik39`.r Joyce Wi~lc~e, acting ~`~t~ ~i~~ager, teco~exfd'ed -that the cduhci:l adopt ' i~ie rtcE~~sax`y`~~~eso~~l~tlio~tr~~i~bv~fd~~tg ~in~'"-c~~1'tir~~ia~~o~i'"of't~h~`e~ cty'~'`dfisea'~sed''s~ia~e ~~ree program, as outlined in Council Letter, No. 35.. ~ b!'~~'i'~`rrv`) Mot~3on"`by ~~,~%et'~'~i~igei~ "s~ecoif~ed~ Eby i',u~,e~i 't~.a't~-r~t~~eJ' fb~llowin`g ~re~solu~tkio~ii be adop~t~"~d; ° ti~~t" its lie'~sp~'e~cl ~i`i~' t~13e' reso~.u`tion' book" ~anc~° t~ia't° its' be~'mai~e`'a pa~t~r of~r~ th'~'set~tnili.~~~~s:e~~~ °±4 :>1~_!-~lJ bG~=i ~~ '_r.~.'i I r.~~ l,t~r(~ '_?lFF,[; '.Oli >r~tt`IrriS~. `T~:VI;~} ~Y~lE4J`1-~L~(~~~ RESOLUTION NO.: 6041 l~dN~-Fyy ~re,~1,r;~r-~ ~r..r~:t ~ a~~~y.l~eraFSb~t;~t'Il-CO1V'~fl~'U`.C~TG''A, BRAI.V~=~1ZT=SAID""";~ar~,l'~,r~k ~,tK Rrn~¢yc;~~l . t~rrv~,~~; ~r,r13 bnr; ~~~ErPROG ~0#i. THE CITY. OF ItIC~iFIELD. . 'lib-R~-~T~ `YEARS''. x.973 ~Al~' ~19~$`0.,~ ~., ~ r.,t~ ~ ~' =~;t~-~, y E 1'1kT _:t~ n~~ ~`~ f iC" 'ter ~~.~E ~.-~F,, ~ ,~~ r~x~fo° ~ ray ~~+t,-~~ ~;~C~' ~ii~r :~~ld~;~SE~~~' Po11 of voted : ~ ° A~e~-~ Gbllin's,- .1~acobs.en, Li~~eman, Lu~ttiriger, Law. bays '= one. C~~rried.' ~'3~iisa"•re~o~tiit~'i~~n~'=a~~-ea~~`''as~''l~esplution'~1Vo: '~i04~.'in ResolutY.ori'`$ook~'No~t":43. ~ ' `~ ~ ~ c~o~~.~i~°l~i~eting Minutes -~10- ssJIJn1T~ gn~~9Februaryol2, 1979 13.-~~~~i~t`~~ •ro3 arr s~,~i.i~~9,~1 brrs zr:e TS .tsnr'~i ~°Ps~3~9 o.t rloi~c~~l7o1~~uA ..Ct ~e rovemeirrs ~ z~rr9rasvo7gm~i Joyce ;Wilde, ,Actiq.g City Manager,, reviewed tie schedule ~.n the;~979,(~~ Capital . r:. .. ~. _. ._ -... .. .. ._...i - ..l~~ Imprgveme~.t grogram,, ;for .the proposed alley., Paying ,program, . which ~,ppov', e~,~ ~grn~sn- provements to be completed, in 1979 through ,19$2, as outlined in,,,Cpuncil ,Lettgr ]~o. 44. She. advised.the~ councilY,that the Capitalt.Improvement Program provides ~~r~~jtlhis program to be financed by special assessments and tl}at_~.t wall b n e sg~v ~o the ,r~St~ft19VG":~~i,.t :3:'.itt. 7t1~ .'.tt~.t...-- I r:tt' t':?C; .rc('!~, :CtiI~_ ~O council to adopt a spetria~. assessment, ~gliey and hold a public, hgari,n befo-re any improvements can be cpnstructed. ,Shq reCOmm.ended that the couneil.,a_$opt-~~e~~~essary resolution initiating the public, improvement.S and. ordering preparation of the pre- liminary engineering report, which ~.s the first step in the process for implementing a special assessment project, ,, -t: +t,~ ~,s:~.; ,t. Motion by Luettinger, ~secorided, ,by~'.J,a.~q~sen ~that_ the following resolution be adopted; that it .be ..spread ix>, the iresolutiont bogk and .that _it be made a past rOlfri~i these minutes: ~, _ _ _ . ' _ ~1 R,~SOL,i]TiON,NO 042 ~.....r.'`,r~ :~:'it~ _:l~i^,~'t-f~.at:.r'-i_.e-i `Ee_~5'_:...V.-_.~.._._.,.._r...t,~.,,~._..~:... ._._._.f.:)2.`3A .SI RESOL~]TION,.,O DF~R~N .PREPAR~T,~.ON OF, PO .. ~ ~t;,.,:.:s ~ PE12{~AfVE~T ,.4I;T,EY~S'URFACING A1~fDt APPUR.TENANCES~IHE~RETO i~.t `:'J~'-oL P~.tOJ~i,CT NQ. ,73:4 -_ 1:,JE)pt~F 1'•fi2l...._tb 2 _:i:~ y;'.~ '.l0-?Ir 1.15t17t1 ..'PC.J ~. .! _. :rJ ,~l 1[. •j'_'..`i~ V'±62299917 Poll of votes: Ayes - Collins, Jacoj~senj,. L~ude~an,: Luett~.nglerl~,..~w~IO.N~ys~ms~ Car ied. ,This resoh],~.,on a'p earg as R so utipn N b042 ~ s ut,.j~~ No. ~43 ^t~ ..-. i ~ ~ ._. _ 7fLC9Jv1.!.C'J ~iiY;tp ~Srl i :6Ls•7~,~11 1 (~'. 1)3i~P~(`.` .. c ~ ~5.~• t11-. ."~T' .tt~~ 14. Report qn Pr~~.e~ Std~ewalk Construction i ,i ~x _. r!-: t, i:.:.•~'.r,~ . y., : ~ re.ti9 ;b9:1t1obs Joyce Wilde, Acting City Manager, reviewed the plan contained .ip., .~t~~i,r~-997~~1~* Capital Improvement Project for ,1979 co~stru,q~ion,of new sidewalks in various areas of the city. She indicated that the installation of these sidewalks will complete the pedestrian access system to major high traffic areas throughout Richfield. She advised the council that the Capital Improvement Program provides that this project also be financed by special assessments and that the council would therefore need to adopt a special assessment policy and hold a hearing for the proposed sidewalk Council Meeting Minutes -11- February 12, 1979 construction. She recommended that the council adopt the necessary resolution initiating public improvements and ordering preparation of the preliminary engi- neering report. Lawrence Wozniczka, 6744 Wentworth, questioned the type of assessment policy which might be used. Motion by Ludeman, seconded by Jacobsen 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. 6043 RESOLUTION ORDERING PREPARATION OF REPORT ON SIDEWALK CONSTRUCTION CITY PROJECT N0. 727 Poll of votes: Ayes - Collins, Jacobsen, Ludeman, Luettinger, Lam. Nays - None. Carried. This resolution appears as Resolution No. 6043 in Resolution Book No. 43. 15. Appointment to PACAC Joyce Wilde, Acting City Manager, advised the council that Hennepin County has established five planning areas within the county to meet the citizen participation requirements of the Community Development Block Grant program. She stated that the communities in each planning area are to appoint a Planning Area Citizen Advisory Committee (PACAC), and each community is to designate one representative to serve a two-year term on the committee. Motion by Ludeman, seconded by Jacobsen to appoint A; P. Anderson to serve as Richfield's representative on the PACAC. A11 ayes - Carried. 16. Commission and Liaison Appointments The following advisory commission and ,liaison appointments were made: Planning Commission Motion by Ludeman, seconded by Collins to appoint Betty Ebb, 7224 - 4th Avenue, Council Meeting Minutes -12- February 12, 1979 to serve a three year term on the Planning Commission. All ayes - Carried. Park and Recreation Advisory Commission Motion by Collins,, seconded by Jacobsen to_appoint Joanne Wilmes, 6827 - 16th Avenue, to serve a three year term, and Joan Carlson, 200 W. 73rd Street, to fill an unexpired term of office that expires February 1, 1981. All ayes - Carried. Motion by Jacobsen, seconded by Collins to appoint David Dunham, 7341 Aldrich Avenue, to serve a three year term. Motion by Jacobsen, seconded by Collins to reappoint George Evans, 6921 Columbus Avenue, to serve another three year term. A11 ayes - Carried. Senior Citizen/Handicapped Commission Motion by Jacobsen, seconded by Collins to appoint the following individuals to serve on this commission: John Gera, 500 E. 66th Street Frank H. Andersen, 6901 Oakland Myrtle R. Schmidt, 7025 Portland All ayes - Carried. Wine Study Committee There was a discussion about the appointment of Rev.. Mark Hendricks, a previous appointee to this committee who works in Richfield, although he lives in another city. The council members sustained the appointment of Rev. Hendricks to this committee. Motion by Jacobsen, seconded by Luettinger to appoint Rev. Marcus J. Mork, 6900 Grand, as an additional member to this committee. All ayes - Carried. Advisory Board of Health 1 Motion by Jacobsen, seconded by Collins to appoint Dr. W. H. Bittick, 702 Medical~Arts, and Charlene Swanell, 6220 - 4th Avenue. All ayes - Carried. Council Meeting Minutes -14-` February 12, 1979 South Hennepin Human Services Council Motion by Jacobsen, seconded by Collins to appoint Camillo G. DeSantis, b5fl8 Newton Avenue. A11 ayes - Carried. Motion by Jacobsen, seconded by Luettinger to appoint Representative - Stanley B. Olson Alternate - J. Wilde All ayes - Carried. Motion by Ludeman, seconded by Collins to appoint Representative - V. Luettinger Alternate - Defer A11 ayes - Carried. Southwest Cable TV Study Commission Motion by Jacobsen, seconded by Ludeman to appoint Acting City Manager Joyce Wilde. A11 ayes - Carried. Ms. Wilde indicated she would accept these appointments in her present capacity as interim city manager, with the suggestion that the council consider appointment of a new city manager to these liaison appointments after the new city manager assumes office. State Advisor Board of Community Health Services Motion by Jacobsen, seconded by Ludeman to appoint I. F. Roesler. A11 ayes - Carried. 17 Request for Waiver of Performance Bond, Financial Pro erties Developers, Inc. John Dean, Acting City Attorney, reported that Financial Properties Developers, Inc. had requested council consideration to waive two performance bond requirements for the K-Mart development; one for an off-street parking contract, and the other a performance bond on the P. U; D; The City Attorney reported that these performance bonds were, in effect, a duplication of guarantees that the city already has through the developer's contract with Financial Properties, and that the developer's Council Meeting Minutes -15- Februaryl2, 1979 contract has stricter performance controls. Motion by Jacobsen, seconded by Ludeman to waive the performance bond.require- ments as requested by Financial Properties. All ayes - Carried. 18. Authorization to Settle Propert Acquisition, Nelson's Restaurant John Dean, Assistant City Attorney, advised the council that a settlement had been reached with Nelson's Restaurant for acquisition of this property. He recommended that the council adopt the necessary resolution authorizing .this property acquisition. Motion by Jacobsen, 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. 6044 RESOLUTION AUTHORIZING SETTLEMENT OF CONDEMNATION ACTION INVOLVING NELSON'S RESTAURANT Poll of votes: Ayes - Collins, Jacobsen, Ludeman, Luettinger, Law.- -Nays - None. Carried. This resolution appears as Resolution No. 6044 in. Resolution Book No. 43. 19. Resolution Authorizing the Issuance and_Sale of Commercial Development .Revenue Notes of 1979 - Richard Krier, Planning and Redevelopment Director, reviewed provisions of-the , development agreement between Financial Properties Developers, Inc. which provide that the city will issue a commercial development note to provide loan funds to the developer for site acquisition-and 'construction of the K-Mart store, as outlined in Council Letter No. 47. He recommended that the council-adopt the necessary resolution to authorize issuance of a $2,550,000 commercial development note in accordance with provisions of the Minnesota Industrial Development Act. Motion by Luettinger, seconded by Jacobsen that the following resolution be Council Meeting Minutes -16- February 12, 1979 adopted; that it be spread in the resolution book and that it be made a part of these minutes: RESOLUTION N0. 6038 RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF A $2,550,000 COMMERCIAL DEVELOPMENT REVENUE NOTE OF 1979 (FINANCIAL PROPERTIES DEVELOPERS, INC. PROJECT - K-MART LESSEE) Poll of votes: Ayes - Collins, Jacobsen, Ludeman, Luettinger, Law. Nays - None. Carried. This resolution appears as Resolution No. 6038 in Resolution Book No. 43. 20. Request to Refer Community Development Plan and Housing Assistance Plan to PACAC Richard Krier, Planning and Redevelopment Director, reviewed the city's use of Community Development Block Grant funds during the past five years. He also reviewed the Draft Community Development Block Grant Plan and Housing Assistance Plan for the period of August 1, 1979 to July 31, 1982, which has been prepared as a result of input received from citizens at the public hearing on November 27, 1978. He recommended adoption of the necessary resolution authorizing submission of this plan to the Planning Area Citizens Advisory Committee for review at their February 13, 1979 meeting. 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: RESOLUTION N0. 6045 RESOLUTION AUTHORIZING THE SUBMITTAL OF THE DRAFT COMMUNITY DEVELOPMENT PLAN AND THE HOUSING ASSISTANCE PLAN TO THE HENNEPIN COUNTY PLANNING AREA CITIZENS ADVISORY COMMITTEE Poll of votes: Ayes - Collins, Jacobsen, Ludeman, Luettinger, Law. Nays -None. Carried. This resolution appears as Resolution No. 6045 in Resolution Book No. 43. 21. Resolution Establishin Minnesota Cities Week Joyce Wilde, Acting City Manager, advised that Governor Quie intends to issue Council Meeting Minutes -17- February 12, 1979 an official proclamation designating the week of February 26, through March 2, as Minnesota Cities Week. She recommended the council adopt a resolution indi- cating Richfield's support and participation. Motion by Ludeman, 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. 6046 RESOLUTION OF PARTICIPATION IN MINNESOTA CITIES WEEK Poll of votes: Ayes - Collins, Jacobsen, Ludeman, Luettinger, Law. Nays - None. Carried. This resolution appears as Resolution No. 6046 in Resolution Book No. 43. 22. Authorization to Commence Lawsuit Joyce Wilde, Acting City Manager, advised the council that the city has encountered difficulties with Minnesota Valley Surfacing Cpmpany in seeking to correct defective street construction that was done during 1975 and 1976, as out- lined in Council Letter No. 37. She recommended that•the council authorize commencement of a-law suit against Minnesota Valley Resurfacing Co. and its surety, St. Paul Fire and Marine Insurance Company. Motion by Jacobsen, seconded by Luettinger to authorize commencement of a lawsuit against Minnesota Valley Resurfacing Co., its surety, St. Paul Fire and Marine Insurance Co., and any and all other necessary defendants for the purpose of recovering damages incurred during the 1975 and 1976 permanent street paving program. All ayes - Carried. 23. Discussion of Recruitment Process for City Manager Mayor Law discussed the process which ,the council had previously discussed for the recruitment of a city manager. He provided the council with a job Council Meeting Minutes -18- February 12, 1979 description and outline of other qualifications for the position. The council reviewed-and discussed this job description, as well as some of the specific benefits and compensation which will be offered with this position. The following individuals commented regarding the selection process: Donald Priebe, 7225 Bloomington Gordon Anderson, 7501 Elliot Stanley Olson, 6420 Vincent Motion by Ludeman, seconded by Luettinger to approve the selection process as outlined by the mayor. ' All ayes - Carried, 24. Claims and Payrolls Motion by Jacobsen, seconded by Luettinger that the following claims and payrolls. be approved: RICHFIELD BANK & TRUST -~ Checks. 36103/39618, 98585/98596 $ 401,311.60 SUMMIT STATE BANK Checks 45404/46741 Regular $2,790,960.06 Checks 46432/46740 Payroll 151,455.55 All ayes - Carried. 25. Licenses Motion by Jacobsen, seconded by Luettinger that the following licenses be approved: Renewal Berea Lutheran Church, 7538 Emerson Food Renewal St. Peters, 6620 Nicollet (one day only 2/17). On-sale beer Renewal St. Richard Church Bingo I~ _J Council Meeting Minutes Regular -19- Renewal Richfield Hair Care, 6511 Nicollet Renewal Belt Line Bar, 1918 W. 78th St. Renewal Lyndale Esquire, 74th and Lyndale Renewal Mr. John, 63rd and Penn Renewal Penny's Supermarket, 6530 Pillsbury Renewal Loobeck Enterprises (Eddie Arnold's) Renewal ~Stleford Equip. 400 W. 78th Street Renewal American Bakeries, 6328 Penn Renewal Bud's Texaco, 1316 E. 66th Street New Wilhelms Nicollet Standard, 7720 Nicollet Renewal Al`s DX, 64th and Penn Renewal Advance Carter Co. (various locations) Renewal Richfield Police Fed. Renewal Stewart Properties, 6425 Nicollet Renewal Coca-Cola Bottling Co. Renewal Nicollet Chapter AA, 63rd and Penn Renewal Betty Crocker, 711 W. 66th Street Renewal Jackie Ann, 12 E. 66th Street Renewal Pier 1 Imports, 65th and Nicollet Renewal Sinclair Station, 6600 Portland Renewal Canine College, 7713 Morgan Renewal Frenchman`s 1400 E. 66th Street Renewal Lindahl Olds, 1900 W. 78th Street Renewal Waterbed World, 6225 Lyndale Renewal Blaylock Plumbing, 7731 4th Avenue Renewal Jerry`s Standard, 66 and Lyndale Renewal Cliff's Apco, 7500 Lyndale Renewal 3M Business Products, 1620 E. 78th Street Renewal Bob's Airport Standard, 1820 E. 66th Renewal Win Stephens, 920 W. 78th Street Renewal Midwest Vending, 2212 W. 94th Street Renewal Don Roberts Union 76, 7301 Penn Renewal New Image Hair Fashions, 2920 W. 66th February 12, 1979 Soft drink Soft drink, cigarette, Music box, food, Amusement machine, Beer off-on-sale Soft drink Vending Cigarette, Soft drink Food, add'1 food, Vending machine, Soft drink, cigarette Food, soft drink Vending machine, Soft drink Food, bakery, food Vehicle, vending mach. Soft drink Food, soft drink, Cigarette Cigarette Cigarettes, music box, Amusement machine Vending machine Soft drink Soft drink, vending Machine Soft drink, food Food, soft drink, Bakery Soft drink Food Cigarette Soft drink Music box, Amusement Machine, Retail on/off Motor vehicle,food, Soft drink Soft drink Soft drink Cigarette, soft drink Vending machine Soft drink Soft drink, cigarette Vending machine Vending machine, Soft Drink, Cigarette Cigarette, vending Machine Cigarette, soft drink, Vending machine Soft drink Council Meeting Minutes -20- Licenses - Continued Regular Renewal The Sibley Co., 36 W. 66th Street Renewal GRC Service, 7626 Lyndale Renewal Lyndale Laundromat, 6610 Lyndale Renewal Executive Travel, 7614 Lyndale Renewal Augsburg Tennis Center, 7200 Wentworth Renewal Lil General, 7701 Portland Renewal Lil General, 7529 Lyndale Renewal Dollar Rent A Car, 616 E. 78th Street Renewal Colonial Lodge, 7745 Lyndale Renewal Penny's Supermarket, 2900 W. 66th Renewal Penny's Supermarket, 6530 Pillsbury Renewal Belt Line, 1918 W. 78th Renewal Dutchman Dairy Queen, 7533 Lyndale Renewal Western Station, 77th and Lyndale Renewal Vickers, 7645 Lyndale Renewal Glamour Beauty Academy, 2323 W. 66th Renewal Kayo Fas Gas, b944 Nicollet Renewal Kayo, 6544 Portland Renewal PDQ, 813 E. 66th Street Renewal Win Stephens, 920 W. 78th Street Renewal Hansen's Auto Spa, 6420 Penn Taxicab License Renewal Suburban Yellow Cab, 221 W. Grand Taxicab Drivers Renewal New New Renewal Renewal New Renewal Renewal Renewal Renewal New New New New Terry Perronteau, 3109 Cedar Jerry Hullerman, 5028 Cedar Leonard Wilson, 3627 Portland Lee Fintel, 3200 Bloomington Michael Smith, 3301 Cedar Maurice Turner, 2050 Delaware W. St. Patricia Mack, 9448 Chicago Alan James, 11040 Queen Michael Young, 5824 York Lowell Larson, 15480 Pioneer Trai7~, Terry Weihn, 1011 Marshall St. N.E. Craig Groth, 8916 Nicollet Alan Webb, 1601 10th Avenue Paul Eden Prairie Stephen Schoenecker, 13888 Ottawa Avenue, Savage February 12, 1979 LJ Soft drink Soft drink Cigarette, soft Drink, vending mach. Soft drink Soft drink Amusement machine Amusement machine Motor vehicle Soft drink, motel Retail off-sale Retail off-sale Retail on and off-sale Food, soft drink Retail off-sale Vending machine Vending machine, Soft drink Ice, food, soft drink, Cigarette Food, vending mach , Ci arette Of~-sale beer Used motor vehicle, New motor vehicle Coin car wash, tenc. Machine, soft drink, Cigarette ~22 Cabs Council Meeting Minutes -21- February 12, 1979 Taxicab Drivers - Continued Renewal Bruce Kresoya, 6720 Galway Drive Renewal Gerald Cowl, 10370 Yorktown Lane, Maple Grove New Roger Odegard, 2316 W. 7th Renewal David Meusky, 3412 Oakridge Road New Steward Ward, 1610 E. 39th Street New John Olson, 4107 Wentworth New Robert Nickell, 12504 Chippewa Lane New Douglas Smith, 1301 6th Street N.E. New Deborah LeTourneau, 6417 Camden Road, Brooklyn Center New Paul Holmes, 5336 Logan New James LeTourneau, 6417 Camden Road, Brooklyn Center New Bruce Bevacqua, 5100 Penn New Edward Braddock III, 2825 E. Lake Street New David LeMay, 14704 W. Burnsville Parkway Renewal Albert Boline, 12810 Germaine, Apple Valley Renewal Merlin Bankenbush, 4456 Parklawn Court Renewal Bruce Anderson, 115 E.59th Street New Eric Aaron, 5536 W. 25 1/2 Street New .Luis Lima, 2010 25th Avenue All ayes - Carried. 26 ._ Approval of Agreement with Richfield Police Officer's Federation (Not on Agenda) Joyce Wilde, Acting City Manager, reported that the staff and the union re- presentatives for the Police Officers Federation had reached agreement on a negotiated contract for the year 1979. The agreement provides for a 7% pay adjustment and a 7% increase in city's contribution toward health insurance for personnel represented by this bargaining group. Ms. Wilde advised the council that the recommended agreement is consistent with 1979 pay and benefit adjustments authorized for other groups of city employees and is within the president's wage and price guidelines. She recom- mended the council adopt the necessary resolutions acknowledging this agreement. Motion by Ludeman, seconded by Jacobsen that the following resolutions be adopted; that they be spread in the resolution book and that they be made a part of these minutes: RESOLUTION N0. 6047 RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF RICHFIELD AND THE RICHFIELD POLICE OFFICERS' FEDERATION FOR THE YEAR 1979 Council Meeting Minutes -22- February 12, 1979 ' RESOLUTION NQ. 6048 RESOLUTION AUTHORIZING TRANSFER OF. APPROPRIATIONS FROM TT~E 1979 .CONTINGENCY ACCOUNT TO THE PUBLIC SAFETY DEPARTMENT Poll of votes: Ayes - Collins, Jacobsen, Ludeman, Luettinger, Law. Nays - None. Carried. These resolutions appear as Resolutions Numbers 6047 and 6048 in Resolution Book No. 43. 2 7 . Ad i our~ent ' Motion by Luettinger, seconded by Jacobsen that the meeting adjourn. All ayes - Carried. Time: 1:15 a.m. Febr~ Date Approved: February 26, 1979 Thomas J Moran City Clerk' I