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06-11-1979CITY OF RICHFIELD Regular Meeting June 11, 1979 The City Council of the City of Richfield met in regular session in the Council Chambers of the City Ha11 on Monday, June 11, 1979, at 7:00 p.m. Rev. Dan Walter, of the Richfield Evangelical Free Church, gave the invocation. The meeting was called to order by Mayor Loren L. Law. Present: Collins, Jacobsen, Ludeman, Law Absent: Luettinger 1. Minutes Motion by Ludeman, seconded by Collins that the minutes of the May 29, 1979, city council meeting be approved as submitted. All ayes - Carried. Absent - Luettinger. 2. Public Safety Commendation Awards Tom Morgan, Public Safety Director, presented a commendation award to Police Agent Thomas Carroll in recognition of his efforts in recent work involving a bank fraud situation. Mr. Morgan also presented a citizen's commendation award to ten year old Teresa Zavada, whose alertness and cooperation had aided the police in apprehending an assault suspect, and in gaining conviction of that suspect. Mayor Law presented Mr. Carroll and Ms. Zavada with placques commemorating these awards. Mr. Morgan also introduced new public safety employees to the council. 3. Certificates of Appreciation Councilman Jacobsen read certificates of appreciation for retiring Human Rights Commission members Ms. Belen Andrada, Ms. Jeanne Cosgrove and Rev. John McMillan. Council Meeting Minutes -2- June 11, 1979 4. Presentation of Annual Report, Advisory Board of Health Mr. William Siemers, Chairman of the Richfield Advisory Board of Health, reviewed the Board of Health's activities for 1978. The council thanked Mr. Siemers for this report. 5. Request for Special Use Permit, Group Family Day Care, 6827 Oliver Avenue South Richard Krier, Planning and Redevelopment Director, reviewed the request of Ms. Nancy Sather for a special use permit to enable her to operate a Group Family Day Care Home from her residence, located at 6827 Oliver Avenue South. He reviewed the staff and planning commission recommendations for approval of this special use permit subject to certain stipulations. Ms. Sather, the applicant, appeared before the council and spoke in behalf of her request. Motion by Jacobsen, seconded by Collins to close the hearing. All ayes - Carried. Absent - Luettinger. Motion by Jacobsen, seconded by Collins to grant the special use permit subject to the following stipulations: 1. That the applicant be licensed for a Group Family Day Care Home as required by State Regulation DPW ~k2; 2. That the following identified corrections be made to comply with the City's environmental health standards: a. There is presently fencing of the back yard on only two sides. The remaining two sides of the yard be fenced to insure a secure play area. b. A door that can be locked be provided between the utility area and play area in the cellar. c. The loose stair tread to the cellar be secured. d. Electrical wiring in the rear cellar room and outside garden area be removed or corrected. e. The outdoor storage shed be placed on a concrete slab. Council Meeting Minutes -3- June 11, 197 All ayes - Carried. Absent - Luettinger. The council requested a report from the city staff on the impact of recently adopted state legislation affecting day care centers. 6. Request for Authorization to Initiate Eminent Domain Proceedings, Lyndale Avenue Easement Areas Richard Krier, Planning and Redevelopment Director, reviewed the actions already taken by the city council in establishing just compensation, and author- izing the staff to begin negotiations for the purchase of certain easements along Lyndale Avenue between 64th and 67th Streets. Mr. Krier said that negotiations have been initiated with all affected property owners, although agreement on terms of purchase have not yet been made. He also indicated that if the city is to complete the Lyndale Avenue improvements during 1980, it is necessary to have title to all of-the easements by October, 1979. He recommended that eminent domain proceedings be initiated now in order to assure ownership of the easements by October. Clayton LeFevere, City Attorney, presented the resolution that would initiate eminent domain proceedings. Lawrence Wozniczka, 6744 Wentworth, asked about design details and turning lanes at 67th Street. He spoke in opposition to the initiation of eminent domain proceedings. Mr. Krier pointed out that the request for eminent domain is a formality insti- gated to keep the project on schedule, and that the staff will still be continuing negotiations with the property owners in an effort to acquire the easements without using eminent domain. 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: Council Meeting Minutes -4- June 11, 1979 RESOLUTION N0. 6095 RESOLUTION AUTHORIZING THE ACQUISITION OF CERTAIN REAL PROPERTY BY EMINENT DOMAIN PROCEEDINGS Poll of votes: Ayes - Collins, Jacobsen, Ludeman, Law. Nays - None. Absent - Luettinger. Carried. This resolution appears as Resolution No. 6095 in Resolution Book No. 43. 7. Preliminary Architectural Report, Lyndale-Liquor Store Improvements Joyce Wilde, Acting City Manager, reviewed plans-for remodeling of the Lyndale Liquor Store and parking lot, which are provided for in the 1979 Capital Improvement Budget in conjunction with the L/H/N improvement project. Jim Lindberg, of Lindberg-Pierce, Inc., the architectural firm, reviewed the preliminary plans for these improvements. Jeff Page, Liquor Stores Manager, answered questions regarding the proposed remodeling. The council indicated an interest in including some interior store remodeling as part of this improvement project. Motion by Jacobsen, seconded by Ludeman to request a report from the staff on the nature of necessary interior improvements to the Lyndale Liquor Store and a proposed financial plan for implementation of such improvements during the fall of 1979. All ayes Carried. Absent - Luettinger. Motion by Jacobsen, seconded by Ludeman to approve the preliminary architectural report, authorize preparation of the final plans and specifications, and authorize the advertisement for bids for the exterior remodeling of the Lyndale Liquor Store. All ayes - Carried.` Absent- Luettinger. Council Meeting Minutes -5- June 11, 1979 8. Proposed Transitory Ordinance Providing for Charter Amendment on Purchasing and Contract Procedures Mr. Thomas E. Harms, Chairman of the Charter Commission reviewed proposed amendments to Sections 6.05 and 6.06 of the City Charter entitled "Purchases and Contracts". He explained that the proposed amendments would bring the Richfield City Charter into agreement with provisions of the Uniform Municipal Contract Law, and recommended council approval. Ms. Betty Carr, 6633 Lynnwood Boulevard, spoke in favor of amending the city charter to conform with state purchasing and contracting standards. Mr. Gordon Anders, 7501 Elliot Avenue, a member of the Charter Commission, spoke in opposition to this proposal. City Attorney, Clayton LeFevere, read the Uniform Contract Law of the State of Minnesota to which Section 6.06 of the City Charter applies. Richard Blevins, 7539 Washburn Avenue, asked if the city can pass an ordinance, such as Section 6.06, that is more restrictive than state law. The city attorney advised that it could not. Motion by Ludeman, seconded by Jacobsen to defer to the next council meeting. All ayes - Carried, Absent - Luettinger. 9. Agreement for Architectural Services, Ice Arena Don Fondrick, Park and Recreation Director, reviewed proposed improvements for the beams, ceiling and flooring of the ice arena. He recommended approval of a contract with. the Wold.Association for. architectural services related to these improvements. Darrell, Carlson, of Wold Association, answered questions from the council. Motion by Jacobsen, seconded by Ludeman to authorize the mayor and acting city manager to.execut.e an agreement with Wold Association for architectural services related to remodeling of the ice. arena, at a maximum fee of $2,300. Council Meeting Minutes -6- June 11, 1979 Poll of votes: Ayes - Collins, Jacobsen, Ludeman;. Nays - Law. Carried. Absent - Luettinge 10. Release of Bond for Off-Street Parking Contract, 1520 E. 66th Street ~~ Joyce Wilde, Acting `City Manager, informed the~city~council that inspection of the site of Caldis & Associations, Inc., an office building located at 1520 East 66th Street, indicated that the owner has complied with the terms of the off-street parking agreement. She recommended adoption of the necessary resolution authorizing release of the performance bond for'this off-street parking contract. 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. 6096 RESOLUTION RELATING TO RELEASE OF BOND ON OFF-STREET PARKING Caldis. & Associates, Inc. 4010 West 65th Street, Richfield Location: 1520 East 66th Street Use: Office Building Poll of votes: Ayes - Collins, Jacobsen, Ludeman, Law. Nays - None. Absent - Luettinger. Carried. This resolution appears as Resolution No. 6096 in Resolution Book No. 43. Council recessed at 11:20 p.m. to conduct the HRA meeting and reconvened at 11:45 p.m. 11. Ordinance Amendment Related to Fence Regulations, Second Reading. City Attorney, Clayton LeFevere, reviewed a proposed ordinance amendment relating to fence location and maintenance. He indicated that-minor language changes had been made since the ordinance was given first reading approval on May 14, 1979. Richard Blenins, 7539 Washburn Avenue, spoke in opposition to this ordinance amendment. Council Meeting Minutes -7- June 11, 1979 Bi11 1979-12, "Amendment to Chapter III, Part IV, Section 3.39 of the Ordinace Code of the City of Richfield'!, was read and reviewed, the same being on file in the office of the city clerk. (C-9869.) Motion by Ludeman, seconded by Jacobsen to amend the ordinance in accordance with the draft as proposed by the city attorney.. All ayes - Carried. Absent - Luettinger. Motion by Jacobsen, seconded by Ludeman that this constitute a second reading of Bi11 1979-12; that it be published in the official newspaper and that it be made a part of these minutes. Po11 of votes: Ayes - Collins, Jacobsen, Ludeman. Nays - Law. Absent ~ Luettinger. Motion failed. The city attorney pointed out that the second reading required a four-fifths vote to pass. There was also discussion to the effect that the council, after passing this ordinance, still has the right to grant variances. Motion by Jacobsen, seconded by Ludeman to reconsider the motion on second reading of Bi11 1979-12; that it be published in the official newspaper and that it be made a part of these minutes. Po11 of votes: Ayes - Collins, Jacobsen, Ludeman, Law, Nays ~ None. Absent Luettinger. Carried. 12. Ordinance Amendment Related to Garbage Collection Motion by Collins, seconded by Ludeman to defer consideration of this item to the next council meeting. A11 ayes - Carried. Absent - Luettinger. 13. Tabulation of Bids and Award of Contract, Nieollet Park Playlot Joyce Wilde, Acting City Manager, advised the city council that two bids had been received on this readvertised project, and recommended that the bid be awarded to the lower bidder, Landshapes, Inc., in the amount of $18,5D0. Council Meeting Minutes -8- June 11, 1979 Motion by Jacobsen, seconded by Ludeman to approve the bid minutes and award the contract for the Nicollet Park playlot minor improvements project to Landshapes, Inc,.... A11 ayes - Carried. Absent - Luettinger. 14. Authorization to Advertise for Bids Joyce Wilde, Acting City Manager, recommended council authorization to advertise for bids on the equipment service/maintenance contract for heating and air conditioning controls as the present contract will expire this summer. Motion by Jacobsen, seconded by Ludeman to authorize the advertisement of bids for maintenance of the city hall heating and air conditioning plant. A11 ayes - Carried. Absent - Luettinger. 15. Tabulation of Bids and Award of Contract, City Hall Carpeting Joyce Wilde, Acting City Manager, reviewed the possibility of purchasing carpeting for the Lyndale Liquor Store in conjunction with the city hall carpeting, as was requested by the city council at the May 29, 1979 meeting. Ms. Wilde stated that the low bidder had advised that it would not be possible to realistically quote the carpeting for the: liquor store at this early date; therefore, it was recommended that the city council award the bid for replacement of. the city hall carpeting to the low bidder, Pink Supply Company. Motion by Jacobsen, seconded by Ludeman to approve the acting city manager's recommendation and award the bid to Pink Supply Company in the amount of $15,099.89, which includes Alternates Nos. 1 and 2. All ayes - Carried. Absent - Luettinger. 16. Appointments to the Human Rights Commission Joyce Wilde, Acting City Manager, advised the city council that two incumbents on the Human Rights Commission had indicated an interest in being reappointed. Motion by Jacobsen, seconded by Ludeman to appoint JoAnne Bloomberg, 6908 Council Meeting Minutes -9- June 11, 1979 Oliver, to serve a three year-adult term expiring ,in May, 1982, and to appoint Dawn Nilsen, `6629 :Newton, to serve a one year youth term, expiring in May, 1980. A11 ayes - Carried. Absent - Luettinger. 17 Authorization to Submit Preliminary Community Health Services Plan Joyce Wilde, Acting City Manager, advised the city council that the city receives approximately $73,000 annually from-the Community Health Services Act, which enables the city to purchase personal health services from the City of Bloomington and to maintain existing Environmental Health Services. In order to continue receiving this subsidy, it is necessary to prepare a local commun- ity health services plan for 1980-81. The Advisory Board of Health has approved submission of such a plan. Ms. Wilde recommended that the city council adopt the necessary resolution authorizing submission of this plan. 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. 6097 A RESOLUTION AUTHORIZING SUBMISSION OF A PLAN IN APPLICATION FOR A COMMUNITY HEALTH SERVICES ACT SUBSIDY FOR 1980-81 Po11 of votes: Ayes - Collins, Jacobsen, Ludeman, Law. Nays - None. Absent - Luettinger. Carried. This resolution appears as Resolution No. 6097 in Resolution Book No. 43. 18. Transfer of Funds to Central Garage Improvement Project Motion by Ludeman, seconded by Collins to defer this item to the next council meeting. All ayes - Carried. Absent - Luettinger. Council Meeting Minutes -10- ;7une iYy x#79 19. Amendment to SWSCSC Joint Powers Agreement Joyce Wilde, Acting City Manager, presented an amendment to the Southwest Suburban CATV Study Commission Joint Powers Agreement for council approval which related to the number of voting directors. Motion by Ludeman, seconded by Collins to approve the amendment to the Joint Powers Agreement. A11 ayes - Carried. Absent - Luettinger. Motion by Ludeman, seconded by Law to designate Councilwoman Collins to serve as an alternate director, and Acting City Manager Joyce Wilde to serve as a non-voting director. A11 ayes - Carried. Absent - Luettinger. 20. Vacancy Moratorium Joyce Wilde, Acting City Manager, requested the council to reconsider their previous action of the May 29, 1979, city council meeting regarding waiving of the vacancy moratorium to allow the filling of the position of Public Health Environmentalist. Ms. Wilde advised that this position is fully funded in the 1979 Environmental Health Services Plan through the Community Health Services subsidy from the State of Minnesota. I. F. Roesler, Environmental Health Director, reviewed the following health services that would be curtailed as a result of this vacancy: I. Promotion of sanitary housing, which maintains the city's housing stock; 2. Handling of nuisance complaints pertaining to property owners; 3. Inspection of home swimming pools to insure proper water treatment, circulation, etc.; 4. Enforcement of the zoning code as it relates to residences and permitted land use activities in residential districts; 5. Enforcement of the weed ordinance; and Council Meeting Minutes -11- June 11, 1979 6. Educational activities related to community sanitation and housing maintenance. Richard Krier, Planning and Redevelopment Director, spoke regarding the HRA needs for health department inspection of housing units participating in the Section B leased housing program. Motion by Jacobsen, seconded by Collins to lift the moratorium on hiring and authorize recruitment of a Public Health Environmentalist. Poll of votes: Ayes - Collins, Jacobsen. Nays - Ludeman, Law. Absent - Luettinger. Motion failed. 21. Setting Date for Joint City Council-Planning Commission Meeting Joyce Wilde, Acting City Manager, advised the city council that the planning commission has been reviewing the city's zoning ordinance and wishes to have a workshop meeting with the city council to review the study and the proposed amendments. Motion by Law, seconded by Jacobsen to set the joint city council-planning commission meeting for July 30, 1979. A11 ayes - Carried. Absent - Luettinger. 22. Request for Barricade for Block Party Joyce Wilde, Acting City Manager, presented the request of Mr. and Mrs. Thomas Vork, 6908 Fourth Avenue, to have barricades erected on Fourth Avenue between 69th and 70th Street on Tuesday, July 3, 1979, between the hours of 5:00 p.m. and mid- night for the purpose of a block party. Motion by Jacobsen, seconded by Collins to approve erection of these barricades with the stipulation that they be erected in such a way as not to interfere with the ingress and egress of emergency vehicles. All ayes - Carried. Absent - Luettinger. Council Meeting Minutes -12- June 11, 1979 23. Claims and Payrolls Motion by Ludeman, seconded by Collins that the following claims and payrolls be approved: RICHFIELD BANK & TRUST Checks 38753/41280- $416,910.70 SUMMIT STATE BANK Checks 49169/49202 General $729,664.87 Checks 49152/49796 Payroll 155,349.22 A11 ayes - Carried. Absent - Luettinger. 24. Payments and Estimates Motion by Ludeman, seconded by Collins that the following, payment and estimate be approved: Estimate ~~1, Bud Johnson for clubhouse and maintenance building, for CP 688, Golf Course X14% complete) - $39,790 All ayes - Carried. Absent - Luettinger. Motion by Ludeman, seconded by Collins that the following payment and estimate be deferred: Estimate #3 and final, Kamish & Sons, Inc. for completion of demolition and site clearance, CP 705, LHN Public Improvements, 100% - $930 A11 ayes - Carried.. Absent - Luettinger. 25. Licenses Motion by Jacobsen, seconded by Collins that the following licenses be approved: REGULAR New David Bruce Elliott, 4404 31 Avenue S. Handgun transfer New Rudy Sorin Ca1in, 3069 Cherrywood Court Handgun Transfer New William Frederick Bieber, 2730 Breez6 Hts. Rd. Wayzata Handgun Transfer Renewal Patricia Ann Davis, 7032 2nd Avenue Liquor Dispenser Renewal Aquileia Josephine Jaeger, 7300 4th Avenue Liquor Dispenser r i Council Meeting Minutes Licenses (Continued) -13- TAXICAB DRIVERS New John Roger Credelle, 18501 Lyndale Avenue, ~~33 New Bryan Craig Erickson, 4309 W. 124th, Savage New Donnell Henry Hopson, 6100 Park New Edwin Clifford Jones, III, 320 S. 10th Street, ~~431 Renewal Michael Steven Leaf, 411 13th Avenue NE New G. Shashe Grace Lepinski, 209 E. River Parkway, Champlin New James Robert Lobb, 4404 Branson St., Edina New Brian McKee Marsden, 873 I'airmont, S~. Paul. Renewal Robert James Miller, 1016 W. Burnsville Parkway New Christopher Lyle Putnam, 27 S. 6th Street,~~~649 New Anthony Jerome Schwartz, 195 Riverview Terrace, Chaska New Thomas Bruce Schwartz, 4120 21st Avenue New Bradley James Taylor, 7412 W. 22nd St., St. Louis Park Renewal Doug Martin Volkmann, 8069 14th Avenue A11 ayes - Carried. Absent - Luettinger. 26. Adjournment Motion by Collins, seconded by Ludeman that the meeting adjourn. A11 ayes - Carried. Absent - Luettinger. Date Approved: June 25, 1979 Thomas J. ran City Clerk June 11, 1979 Time: 12:50 a. June 12, 1979. ~°'~ L ren L. Law Mayo J ce Wilde Acting City Manager ..-