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04-09-1979CITY OF RICHFIELD Regular Meeting April 9, 1979 The Council of the City of Richfield met in regular session in the Council Chambers of the City Hall on Monday, April 9, 1979, at 7:00 p.m. Rev. Ralph Larson of House of Prayer Lutheran Church, gave the invocation. The meeting was called to order by Mayor Loren L. Law. Present: Collins, Jacobsen, Ludeman; Luettinger, Law. 1. Minutes Motion by Coll iris, seconded by Luettinger that the minutes of the regular council meeting of March 26, 1979 and the special meeting of April 4, 1979 be approved as presented. All ayes - Carried. 2. Presentation of Citizen of the Year Award Mayor Law presented the Citizen of the Year Award to Ms. Lois Bendick- son, one of two recipients chosen .for this award by the Human Rights Commission. Mr. Ralph Olson represented the Human Rights Commission and presented Ms. Bendickson with a plaque commemorating this designation. 3 Receivinq Petition for Vacation of Portions of. 69th Street and 21st Avenue Joyce Wilde, Acting City Manager, reviewed the request for vacation of a portion of 21st Avenue and a portion of East 69th Street., adjacent to Rich Acres Park, as outlined in Council Letter No. 109. She advised that this petition for street vacation., which is necessary to allow for expansion of the Rich Acres Park, had been reviewed by the planning commission and that the planning commission had recommended that the streets be vacated as requested by the petition. She recommended that the council receive the petition and give first reading approval to the transitory ordinances providing for these street vacations. David Roth, 6838 19th Avenue, spoke in favor of the street vacation. Motion by Jacobsen, seconded by Luettinger to close the hearing. All ayes - Carried. Clayton LeFevere, City Attorney, read and reviewed the following transitory ordinances: City Council Minutes -2- April 9, 1979 Bill 1979-10, Transitory Ordinance No: 16.58, "An Ordinance Providing for the Vacation of a Portion of 21st Avenue", and Bill 1979-11, Transitory Ordinance No. 16.59, "An Ordinance Providing for the Vacation of a Portion of 69th Street", the same being on file in the office of the city clerk, (C-9866). Motion by Collins, seconded by Luettinger that this constitute a first reading of Bills 1979-10 and 1979-11; that they be published in the official newspaper and that second reading of these ordinance amendments be scheduled for April 23, 1979. Poll of votes: Ayes = Collins, Jacobsen,.Ludeman, Luettinger, Law. Hayes - Noneo Carried. Motion by Collins, seconded by Luettinger that the following resolu- tions be adopted; that they be spread in the resolution book and that they be made a part of these minutes: RESOLUTION NO. 6072 RESOLUTION RECEIVING STREET VACATION PETITION AND CALLING FOR PUBLIC HEARING (21ST AVENUE/69TH STREET) RESOLUTION NO. 6073 RESOLUTION RECEIVING STREET VACATION PETITION AND CALLING FOR PUBLIC HEARING (21ST AVENUE) . Poll of Votes: Ayes-Collins, Jacobsen, Ludeman, Luettinger, Law. Nays-None Carried. These resolutions appear as Re~oTution Nos. 6072 and 6073 in Resolution Book No. 43. 4. Re uest for Special Use Permit, 1115 East 66th Street Richard Krier, Planning and Redevelopment Director, presented the request of Oscar Lindstrom, owner of King Oscar.'s for a special use permit to erect a 14-seat self-service coffee bar in his bakery located at 1115 East 66th Street, as outlined in Council Letter No. 101. Mr. Krier indicated that the staff and planning commission both recommended approval of this special use permit with the stipulation that the restaurant provide only seating for 14 persons. Motion by Ludeman, seconded by Luettinger to close the hearing. All ayes - Carried. Motion by Ludeman, seconded by Jacobsen to grant this special use permit for a 14-seat restaurant. City Council Minutes -3- April 9, 1.979 All ayes - Carried. 5. Transitory Ordinance Providing for Certain Capital Improvements. Second Reading. Joyce Wilde, Acting City Manager, reviewed the transitory ordinance that would provide for appropriations-from the special revenue fund for the following purposes: General Public Buildings $150,000 Lyndale Liquor Store Remod. 80,000 Fire Truck Reserve 35,000 ' $265,000 Bill 1979-8, Transitory Ordinance No. 16.56, "An Ordinance Provid- ing for the Expenditure of Money from the Special Revenue Fund for Certain Capital Improvements", was read by City Attorney, Clayton LeFevere, the same being on file in the office of the city clerk. (C-9864). Motion by Jacobsen, seconded by Ludeman that this constitute a second reading of Bill 1979-8, that it be published in the offical newspaper and that it be made a part of these minutes. Poll of votes: Ayes-Collins, Jacobsen, Ludeman, Luettinger, Law. Nays-None. Carried. 6. Review of Minutes and Tabulations, and Re,a,ection of Bids for Carbon Dioxide Feeder, Water Treatment Plant Joyce Wilde, Acting City Manager, reviewed the bids received for the installation of a carbon dioxide feeder unit at the municipal water treatment plant, as outlined in Council Letter No. 110. She reported that the public works director and the water superintendent recommended rejection of these bids as they exceed the funds budgeted for this purchase. Motion by Jacobsen, seconded by Collins to approve the bid minutes. All ayes - Carried. Motion by Jacobsen, seconded by Collins to reject the bids and authorize the staff to revise the bid specif ications and to readvertise for bids for this purchase. All ayes - Carried. 7. Purchase in Excess of $1,000 Joyce Wilde, Acting City Manager, reviewed quotations that have been received for the purchase of a snowblower. She recommended that the council authorize purchase of this equipment from the Briese Gity Council.Minutes -4- Apri1:9, 1979 Industrial Tractor, Tnc. in the amount of $1,575. Motion by Ludeman, seconded by Jacobsen to authorize the purchase of a model 70 ARPS snowblower from Briese Industrial Tractor, Inc. in the amount of-$1,575., ~ _ A11 ayes - Carried. 8. Authorization to Advertise for Bids, Replacement Boulevard Trees Joyce Wilde, Acting City Manager, recommended that the city council authorize the advertisement for bids for boulevard trees to replace those lost to Dutch elm disease, oak wilt, storm damage and accidents, as outlined in Council Letter No. 106. Motion by Jacobsen; seconded by Ludeman to authorize the adver- tisement for bids for the acquisition of approximately 350 replacement boulevard trees. All ayes - Carried. 9. Minutes, Tabulation of Bids and Award of Contract, Relocation of Storm Sewer, Grand Avenu°e Joyce Wilde, Acting City Manager, reviewed the bids received for relocation of the Grand Avenue storm sewer on the K-Mart site. She recommended that the city council approve the low bid of Deluxe Con- struction Co., Inc., in the amount of $33,563.70. Motion by Luettinger, seconded by Jacobsen to approve the bid minutes. All ayes - Carried. Motion by Jacobsen, seconded by Luettinger that the contract for relocation of the Grand Avenue storm sewer be awarded to Deluxe Con- struction Co., Inc. in the amount of $33,563.70. All ayes - Carried. 10. Approval of Preliminary Reports, Norby and Wilson Ponds Joyce Wilde, Acting City Manager, presented background information on the city's drainage system and the alternatives for improvements to the system on which the city council had requested a preliminary engineering report. Carl Marinics, public works director, reviewed the improvements that would be accomplished if this project were undertaken.. The recommendation for these improvements was accepted by the city council at the January 1S, 1979 special meeting. Representatives fxom the city's consulting engineers, Orr-Schelen- Mayeron Associates, Inc., B. A. Mittelsteadt, Carl Middlestadt and Council Minutes -5- April 9, 1979 John Harwood, reviewed the preliminary engineering report on the proposed improvements. These improvements cover the following items: Area I - That part of Richfield which is included in the joint Edina/Richfield storm water study Area II - The storm drainage district generally bounded by 70th Street, Sheridan Avenue, 63rd Street and. Humboldt Avenue Area III - -The drainage basin served by Norby Pond Area IV - The drainage basin served by Wilson Pond James Robin, site architect, reviewed the preliminary plan for landscaping and pedestrian and bikeway system improvements around Norby and Wilson Ponds. Richard Blevins, 7539 Washburn Avenue, inquired about an income survey that had been sent out by Hennepin County regarding Adams Hill Park and asked if that survey were related to this discussion. Motion by Ludeman, seconded by Jacobsen that the following resolu- tion be adopted; that it be spread in the resolution book and that it be made a part of these minutes: RESOLUTION NO. 6074 RESOLUTION RECEIVING PRELIMINARY ENGINEERING REPORT AND CALLING HEARING ON JUNE 25, 1979 ON IMPROVEMENTS TO PONDZNG AREA NO. 5 (NORBY POND) AND PONDING AREA N0. 10 (WILSON POND) TO INCLUDE DREDGING, PROVISION OF A PERMANENT PUMPING FACILITIES AND LANDSCAPE WQRK APPURTENANT THERETO Poll of votes: Ayes-Collins, Jacobsen, Ludeman, Law. Nays-Luettinger. Carried. This resolution appears as Resolution~No. 6074 in Resolution Book No, 43. Councilman Luettinger stated that he voted "no" because he feels. that the proposed Wilson Pond improvements are not needed. Motion by Ludeman, seconded by Collins~to.set the date for public hearing on this project for June 25, 1979. All ayes - 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: . RESOLUTION NO. 6075 RESOLUTION AMENDING RESOLUTION NO. 4735, POLICY FOR STORM SEWER ASSESSMENTS ON 1979 STORM SEWER CONSTRUCTION CITY PROJECT NO. 738 City Council Minutes -6- April 9, 1979 Poll of votes: Ayes-Collins, Jacobsen, Ludeman, Law. Nays-Luettinger. Carried. This resolution appears as Resolution No. 6075 in Resolution Book No. 43. 11. Setting of Just Compensation for Right-of-Way Acc{uisition, Lyndale Avenue Improvements Richard Krier, Planning and Redevelopment Director, reviewed the sidewalk and landscape easement areas the city needs to acquire in order to implement the Lyndale Avenue street improvements, as outlined in Council Letter No. 104. He recommended that the city council adopt the resolution authorizing just compensation for these areas and author- izing the staff to initiate negotiations for these acquisitions. Lawrence Wozniczka, 6744 Wentworth Avenue, asked about financing cost for these acquisitions.. 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 NO. 6071 RESOLUTION ESTABLISHING JUST COMPENSATION AND PROVIDING COMMENCEMENT OF NEGOTIATIONS FOR THE PURCHASE OF PERPETUAL EASEMENTS, LYNDALE AVENUE Poll of votes: Ayes-Collins, Jacobsen, Ludeman, Luettinger, Law. Nays-None. Carried. This resolution appears as Resolution No. 6701 in Resoi.utian Book No. 43. • 12. Approval of Final Plans and Spec if ications, Lyndale Avenue Improvements ~ Don Ringrose, of Bather-Ringrose-Wolsfeldt, reviewed the prelim- inary plans for improvement of Lyndale Avenue between Lake Shore Drive and West 64th Street, as outlined in Council Letter No. 113. Lawrence Wozniczka, 6744 Wentworth Avenue,. suggested providing a lefthand turn lane at 67th Street. 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. 6076 RESOLUTION•APPROVING FINAL PLANS AND SPECIFICATIONS AND AUTHORIZING THE BEGINNING OF NEGOTIATIONS FOR THE NECESSARY EASEMENT-LYNDALE AVENUE FEDERAL AID URBAN PROJECT (Between Lake Shore-Drive and West 64th Street) City Council Minutes -7- April 9, 1979 Poll of votes: Ayes-Collins, Jacobsen, Ludeman, Luettinger, Law. Nays-None. Carried. This resolution appears as Resolution No. 6076 in Resolution Book No. 43. Motion by Luettinger, seconded by Ludeman to authorize the staff to pursue design alternatives at the 67th Street intersection with L~rndale Avenue,:and to report back to the council at the April 23, 19.79 city council meeting. All ayes - Carried. Council recessed~at 10:40 p.m. to conduct the HRA meeting and reconvened at 11:16 p.m. 13. Appointments to Advisory Board of Health Motion by Jacobsen, seconded by Collins to appoint Ms. Helen Yates, 6737 First Avenue, to. serve on the Advisory Board of Health for a one-year term, expiring January, 1980. All ayes - Carried. 14. Appointment of Citizen Members to Board of Review Joyce Wilde, Acting City Manager, presented two persons for council approval to serve on the 1979 Board of Review which is scheduled for Tuesday, May 22, 1979. 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 NO. 6079 RESOLUTION CONFIRMING CITY MANAGER'S APPOINTMENT _. _- '.: .. Q~'._TWQ_ RES:ID~NT' .N3hNlBE.RS= TO BOARD: OF.`. REVIEW - PoIT of`'~lotes Ayes=~oll~ins=, JacakSS~en--Zixdeman, Luettinger, Law. Nays None. Carried.` Th=is resolution appea~s~ as`"l~esolirt~:on' No. 6079 'in Resolution Book No . 4 3:.. , . _ --. ~ ~ _ - _ . 15. Resolution Establishing CATV'Coininission and Appointments to Committee _ _ :. _ _ . _ Joyce `C~~~.lde~ Aetiii°g-City Ma~:ac~er,p'resented` applications of citizens interested in being considered for appointment to the CATV Committee. She also presented a resolution 'authorizing this committee. Motion' by Luettnc~er,`~ seconded' by"Law- td defer this item to the next council meeting.. - -'~ Poll of votes: Ayes-Luettinger, Law. Nay's_Collins, Jacobsen, Ludeman. Motion Failed: City Council Minutes -8- April 9, 1.979 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: RESOLUTION N0. 6077 RESOLUTION PROVIDING FOR THE ESTABLISHMENT AND FUNCTION OF AN AD HOC CITIZEN ADVISORY COMMITTEE ON CABLE TELEVISION Poll of votes: Ayes-Collins, Jacobsen, Ludeman, Luettinger, Law. Nays-None. Carried. This resolution appears as Resolution No. 6077 in Resolution Book No. 43. 16. Report on Public Utilities Inventory Richard Krier, Planning and Redevelopment Director, presented the public utilities inventory which has been completed in c~anjunction with the comprehensive plan review and revision. Motion by Jacobsen, seconded by Ludeman to receive the report and authorize its use in the comprehensive plan review process. All ayes - Carried. 17. Authorization to Dispose of Certain City Equipment Joyce Wilde, Acting City Manager, requested city council author- ization to dispose of several vehicles, which have been fully depre- ciated, and for which replacement vehicles have been acquired. Motion by Ludeman, seconded by Jacobsen to authorize the sale of these vehicles through public auction. All ayes - Carried. 18. Request for Change Order., Christian Park Redevelopment_Proiect Joyce Wilde, Acting City Manager, presented a change order for the Christian Park redevelopment protect for council approval. The change order is in the building construction contract with H. O. Mikkelson Co., in the amount of $1,128.75. Motion by Jacobsen, seconded by Ludeman to approve this change order in the amount of $1,128.75 to H. O. Mikkelson Company. All ayes - Carried. 19. Claims and Payrolls Motion by Luettinger, seconded by Jacobsen that the .following claims and payrolls be approved: RICHFIELD BANK & TRUST Checks 38670/40350 ,$416,590.09 SUMMIT STATE BANK Checks - 47820/47840 General $406,018.76 Checks - 47496/47796 Payroll $156,061.47 City Council Minutes -9- April 9, 1979 All ayes - Carried. 20. Licenses Joyce Wilde, Acting City-Manager, presented a letter from the public safety department, recommending denial of a taxicab driver's license to Thomas George Wagner. Motion by Luettinger, seconded by Ludeman to deny this request for license. All ayes - Carried. Motion by Jacobsen, seconded by Collins that the following licenses be approved: Regular Renewal American Legion, 6501 Portland Avenue New Payless Tires; 6301 Lyndale Avenue New Sinclair Station, 6600 Portland Renewal Southtown Shell, 7745 Penn Avenue Renewal United Rentals, 2200 W. 66th Street Food, vending machine Soft drink, cigarette Soft drink Sof t drink Soft drink, cigarette Rental utility trailers Garbage Haulers Renewal Dicks Sanitation, 21338 Dodd Blvd. Renewal D.W. Mantheit & Sons, 2624 14th Avenue Renewal A.A. Rubbish Removal, 2532 30th Avenue Renewal Balke & Son, 3340 34th Avenue • .Renewal Browning Ferris, 9813 Flying Cloud Drive. Renewal Metro Refuse, 8160 W. 125th Street Renewal Able Sanitation, 1285 Rhode Island Avenue Renewal Buckingham Disposal, 12282 Lynn Avenue South Renewal Jacobson Sanitary, 7501 Portland Avenue. Renewal Woodlake Sanitary, 9843 Flying Cloud Drive Taxicab Licenses Renewal Trans-Diversif ied, Inc. 12116 Riverwood Drive, 15 cabs Taxicab Drivers New Sharon Edwards, 3275 Valleyridge Drive Renewal John McCoy, 326.3 Minnehaha Avenue Renewal Thomas Petersen, 1430 Spruce-Place New Daniel Gager, 12.101 Sunnybrook Road New Lawrence Wiegland, 6306 Nicollet Avenue. All ayes - Carried. 21. Extra Discussion Items Not on the Agenda Councilman Jacobsen discussed the concern of the Human Rights Commission that a number of the members' terms will be expiring, and additional appointments are needed. Council Meeting Minutes -10- April 9, 1979 Motion by Jacobsen, seconded by Luettinger to nominate Margaret Hurlbert, 6329 Portland Avenue, to fill the unexpired term of Rev. John McMillan. All ayes - Carried. Senate File 568 Councilman Ludeman reported on his communication with Senator Kirchner regarding Senate File No. 568, proposed legislation to permit day care centers with ten or fewer children to operate in residentially. zoned districts. 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 NO. 6078 RESOLUTION OPPOSING SENATE FILE N0. 658 Poll of votes: Ayes-Collins, Jacobsen, Ludeman, Luettinger, Law. Nays-None. Carried. This resolution appears as Resolution No. 658 in Resolution Book No. 43. Lifting Moratorium on Hiring . Joyce Wilde, Acting City Manager, requested that the council lift the moratorium on the filling of position vacancies to enable the filling of a police officer vacancy which has resulted from a resigna- tion. Motion by Jacobsen, seconded by Luettinger to lift the moratorium on hiring to.permit the filling of this public safety position. All ayes - Carried. Discussion of Fire Division Matters Mayor Law asked that the City Attorney report on the status of the Fire Chief position. City Attorney Clayton LeFevere reported that he is investigating the relationship between the position of Public Safety Director and Fire Chief to determine if the Public Safety Director can also serve as Fire Chief. He indicated that in order to remove ambiguities between the city charter and the various state laws regarding this relationship, it may be necessary to amend the city charter. Motion by Ludeman, seconded by Jacobsen to direct the city attorney to work with the Charter Commission to establish such a charter amendment as may be necessary to rnore clearly define the City Council Minutes -11- April 9, 1979 1 relationship between the positions of Public Safety Director and Fire Chief. All ayes - Carried. Selection of City Mana er Mayor Law reported on the status of the search for a new city manager. He provided a list of individuals that had been determined as the final candidates by the council member's review and ratings. These persons are to be contacted further by the Mayor, who will report his findings to the council after this additional research work has been completed. ~He requested that the council set a firm date to hold interviews with the final three candidates. Motion by Luettinger, seconded by Jacobsen to conduct the individual interviews of final candidates on Friday and Saturday, May 11 and 12, and to set Saturday, May 12, 1979 at 12:30 p.m. for council interviews of these candidates and final selection of a city manager designee. All ayes - Carried. 22. Adjournment Motion by Luettinger, seconded by Jacobsen tha the meeting adjourn. All ayes - Carried. Time: 12:26 a.m., April 1 , 79. A ~ Date Approved: April 23, 1979 ~~'~ G~~~L ~ Lo~en L. Law .~~ Thomas J. oran City Clerk Jo e L.. Wilde, Acting City Manager