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08-27-1979 CITY OF RICHFIELD Regular Meeting August 27, 1979 The City Council of the City of Richfield met in regular session in the Council Chambers of the City Ha11 on Monday, August 27, 1979, at 700 p.m. Councilman Jacobsen gave the invocation. Present: Collins, Jacobsen, Ludeman, Luettinger, Law 1. Minutes Motion by Luettinger, seconded by Ludeman that the minutes of the regular ' council meeting of August 13, 1979, be approved as presented. All ayes - Carried. 2. Ordinance Amendment Relating to the Fire Prevention Code. First Reading. Clayton LeFevere, City Attorney, read and reviewed Bill 1979-17, "An Amendment to Chapter III, Part I, Section 3.09 of the Ordinance Code of the City of Richfield, Minnesota", relating to the adoption of certain fire prevention codes. Tom Morgan, Public Safety Director,. explained that adoption .of this ordinance would bring Richfield's fire and life-safety codes into conformance with the Minnesota Uniform Fire Code, 1973 edition. Motion by Luettinger, seconded by Ludeman that: this constitute a first reading of Bill 1979-17; that it be published in the official newspaper and that second. reading of this ordinance amendment be scheduled for .September. 24, 1979. ~. Po11 of votes: Ayes - Collins, 3acobsen, Ludeman, Luettinger; Law. Nays - None. Carried. 3. Purchases in Excess of $1,000 Joyce Wilde, Acting City Manager, presented three purchase items in excess of $1,000 related to the municipal golf course project. Don_ Fondrick, Parks and Recreation Director, described the schedule for grass seeding and fertilizing Council Meeting Minutes -2- August 27, 1979 of various areas on the golf course site, as related to plans for opening the course to play by later summer of 1980: Grass Seed and Fertilizer A low quotation has been received from 0. M. Scott & Sons to,provide 40 bags. of .fertilizer and 5,110 pounds of bluegrass seed, in the amount of $9,997.70. Motion•by Jacobsen, seconded by Luettinger to approve this purchase in the amount.of $9,997.70. A11 ayes - Carried. Herbicide Turf Supply Company his provided the low quotation in the amount of $55.75 per gallon, at a total price of $1,672.50 for herbicide. Motion by Ludeman, seconded by Luettinger to approve this purchase of herbicide in the amount of $1,672.50. A11 ayes - Carried. ' Overseeder The staff has proposed to purchase a used Model 548 Aero Blade Rogers Overseeder from the Sundance Golf Club, in the amount of $1,500. Motion by Jacobsen, seconded by Collins to authorize.purchase of an overseeder from the Sundance Golf Club for $1,•500. A11 ayes - Carried. Sprinkler System - City Project 742 Joyce Wilde, Acting City Manager,. presented an additional item providing for the purchase of materials to install a sprinkler system on .the east side of Lyndale _Avenue from 65th Street to 66th Street-, under City Project No. 742. The low quo- tation for the sprinkler system components was submitted by Milsco Engineering,~Inc., in the amount of $4,978.42. Council Meeting Minutes -3- August 27, 1979 Motion by'Luettinger, seconded by Jacobsen to authorize purchase of this sprinkler apparatus from Milsco Engineering, Inc. in the amount of $4,978.42. All ayes - Carried. 4. it Executive Direc Mr. Russ Stricker, Executive Director of the South Hennepin Human Services Council., presented a recommendation regarding the formation. of a community action agency .to serve suburban Hennepin County. He indicated that formation of a,community action agency (CAA) would provide for consolidation of many programs now delivered by diverse agencies to Suburban Hennepin County residents and he asked for Rich- field's support for development of a CAA to serve suburban Hennepin County. Motion by Ludeman,'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. 6117 RESOLUTION~S.UPPORTING THE DEVELOPMENT OF A C.A.A. FOR SUBURBAN ,-AND RURAL HENNEPIN COUNTY Po11 of votes: Ayes - Collins, Jacobsen, Ludeman, Luettinger, Law. Nays - None. Carried. This resolution appears as Resolution No. 6117 in Resolution Book No. 43. T Store Mr. Jim Lindberg, architect with Lindberg-Pierce, reviewed-the: plans-for remodeling the exterior of the Lyndale Avenue liquor store. He summarized the two bids which had been received to complete this project, and indicated-that the bidders had projected a completion date of November 9, 1979, fctr the exterior improvement work. Joyce Wilde, Acting City Manager, recommended that the city council approve Council Meeting Minutes -4- August 27, 1979 the low bid of Kloster-Madsen, Inc. in the amount of $89.133. She stated that sufficient revenues were available in ,the special revenue fund to cover the cost of the pro3ect, which exceeds the $80,000 original appropriation... Motion by Jacobsen, seconded by Collins to approve the acting city manager's recommendation and award the contract to Kloster-Madsen,-Inc, in the amount of $89,133. All ayes - Carried. 6. Release of Off-Street Parking Bond, 6525 CedartAvenue Joyce Wilde, Acting City Manager, advised the council that .inspection of the commercial building at 6525 Cedar Avenue indicates-that the owner has complied with terms of the off-street parking agreement for that property. She recommended adoption of the. necessary resolution authorizing release of the performance bond. Motion by Ludeman, seconded,by Jacobsen that .the following resolution be adopted; that it be spread in the resolution book and that-it be made a part of these minutes: .. RESOLUTION NO. 6118 RE$OLUT ION RELATYIITG TO RELEASE OF BOND ON OFF-STREET PARKING Mr. William Traiser 9845 Oak Shore Drive, Lakeville Location: 6525 Cedar Avenue South .Use:- Commercial Building for e Rustproofing Operations Poll of votes: Ayes - Collins, Jacobsen, Ludeman, Luettinger, Law. Nays- None. Carried. This resolution appears as Resolution No. 6118 in Resolution Book No. 43. 7. Alley Dedication Policy Recommendations Joyce Wilde, Acting City Manager, reviewed the alley dedication policy recom- mendations, as outlined in Council Letter No. 257. `=~5he indicated that the three main concerns raised by dedicat~.on of a private a11ey`~to the city related to main- tenance problems for sub-standard, narrow or deadend alleys,the increased cost of maintenance, and the danger of-setting a precedent-which would force acceptance ~~ 1 '~ Council Meeting Minutes -5- August 27, 1979 of dedication of undesirable private alleys. Ms. Wilde reviewed the following proposed criteria to be used in evaluating proposed alley dedications: 1. The private alley should cross more than one property; 2. The alley should provide access to at least eight properties, with properties having made improvements which indicate that~the alley access is used; 3. The alley should be at least 150 feet long; 4. The alley should provide sufficient space for equipment maneuvering; 5. The alley should meet minimum engineering construction standards for width, clearance, base material, surface material, and drainage, or the petitioners must agree to accept responsibility for •the cost of bringing the alley up to construction standards; 6. All petitions fob dedication of alleys must be accompanied by a legal survey statement and signatures of 100 percent of all abutting property owners. -- -ClaytonL-e~evere,CityfAttorney, and-Richard Rrier, Planning and Redevelopment Director, clarified the recommended criteria. - -Motion by Ludeman, seconded by Jacobsen to amend criter item 2 to "six properties" instead of "eight properties" as recommended by the staff. All ayes - Carried. Motion by Ludeman, seconded by Jacobsen to accept the recommended alley dedication criteria as amended by the city. council. All ayes - Carried. 8. Request to Dedicate Alley Between Aidridzand Lyndale Avenues, 73rd to 74th Street. R3:chard Krier, Planning and Redevelopment Director, reviewed the staff findings in appraising this proposed alley dedication in-view of the recommended criteria for alley dedication. He indicated that-this particular ahle~ failed to meet the recommended width and surface paving requirements, and that the staff therefore recom- mended denial of this a1ley~dedication request. The planning commission recommended• acceptance of this alley dedication, with the. stipulation that the adjoining property owners provide the city with a survey of the property and marketable title to the ' Council Meeting Minutes -6- August 27, 1979 property. Appearing in interest were Dave Dunham, 7341 Aldrich, and Mrs. Einar Jorgensen, 7336 Lyndale. Motion by Luettinger to defer this item until the city-council takes final action to establish an alley resurfacing and maintenance policy.. Motion died for lack of a second. Motion by Ludeman, seconded by Collins to waive items 4 and 5 of the alley dedication criteria and accept the dedication of this alley, providing the property owners provide the city with •a registered land survey and a marketable title to the prop arty; and that the property owner on the northwest end of the alley grant the city an easement to use for a turn-around. A~.1 ayes - Carried. fo-r Proposed Building• al Savings for Reconsideration of Joyce Wi1de,,Acting-City Manager, advised•the city council that this request had been withdrawn by the applicant, who had agreed in a meeting with the staff on specific design elements to be used, and which would meet the urban-design standards. 10. Amendment to Agreement Related to Undergrounding Utility Lines. 65th Street Joyce-Wilde, Acting City Manager, reviewed the history of discussions with United National Corporation relating tQ the sharing of costs for electrical utility undergrounding. The staff had advised United National Corporation that they would be responsible for any costs over $19,000 for undergrounding primary electric lines and for the cost of-all service lines from the transformer to the building, trans- former pads, and transformer screening not paid by Northern States Power-Company, as outlined in Council Letter No. 262.- United National has indicated an unwilling- ness to assume full responsibility o.f those casts over $19,000. - Richard Krier, Planning and .Redevelopment Director, reported that recent Council Meeting Minutes -7- August 27, 1979 discussions with Northern States Power Company indicated that the current cost to complete this work is estimated at $31,000. He reported that the staff is of the opinion that Un~tted-National-Corporation's delays associated with the project make them somewhat responsible for part of these cost increases, and that they should share in bearing these increases. It was the recommendation of the staff, based on negotiations with United ]National, that the increased casts be evenly divided between the city and United National Corporation; this arrangement would require amending the agreement between the city and N.S.P. to establish a new ` city maximum payment of $23,500, rather than $19,000. The council, inquired about alternatives for meeting the additional financial commitment, and the, staff indicated that the additional financing would have to come either through additional special assessments to the project .area or from the city's general revenues. Motion by Ludeman, seconded~by Collins to approve the proposed agreement and modification to the N.Q.P. contract, increasing the city's .contract amount from $19,000 to $23,500. ~ . A11 ayes - Carried. Absent ~ Luettinger, Jacobsen. 11. Authorization_to_I~Cecute Community Development Block Grant Joint Cooperation Agreement . Joyce Wilde, Acting City Manager, advised the city council that the Department of Housing and Urban Development has requested Hennepin County to. amend the CD Block Grant Joint Cooperation Agreements-with .the 41 local units of government participating in this program, as outlined in Council Letter No. 253.• She reviewed the .improvements that Richfield has been able to complete over the past four years with the $971:887 in Community Development Grants passed through Hennepin County to the city. She recommended that the city council adopt the necessary resolution authorizing the city manager. to execute th3,s agreement with. Hennepin County. Motion by Collins, 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 -8- August 27, 1979 RESOLUTION N0. 6119 APPROVAL OF JOINT COOPERATION AGREEMENT WITH HENNEPIN COUNTY FOR PARTICIPATION IN THE-URBAN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Poll of votes: Ayes - Collins, Jacobsen, Ludeman, Law. Nays - None. Absent - Luettinger. Carried. This resolution appears as Resolution No. 6119 in Resolution Book No. 43. 12. Resolution Providing for Polling Places and Desianating Judges for City Primary Election Joyce Wilde, Acting City Manager, recommended that the city council adopt the necessary resolution designating polling places for the city primary election on September 11, 1979. 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. 6120 RESOLUTION PROVIDING FOR POLLING PLACES AND DESIGNATING JUDGES FOR CITY PRIMARY -.SEPTEMBER 11, 1979 Poll of votes: Ayes - Collins, Jacobsen, Ludeman, Law. Nays - None. Absent - Luettinger. Carried. This resolution appears as Resolution No. 6120 in Resolution Book No. 43. 13. Request for Approval of 1980 Communit .Health Services Plan Joyce Wilde, Acting City Manager,•reviewed the 1980-81 Community Health Services Plan, which the city must prepare in order to receive a state C.H.S. subsidy, which will be approximately $80,108. These monies enable the city to continue the ongoing environmental health program and to support a. personal: public health service. She recommended the council adopt the necessary resolution authorizing submission of the 1980 Community Health Services-Plan in-application for a state subsidy. 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: Council Meeting Minutes -9- August 27, 1979 RESOLUTION N0. 6121 RESOLUTION APPROVING THE PLAN FOR PROVISION OF COMMUNITY HEALTH SERVICES IN THE CITY OF RICHFIELD AND THE SUBMISSION OF AN APPLICATION FOR THE COMMUNITY HEALTH SERVICES ACT SUBSIDY Poll of votes: Ayes - Collins, Jacobsen, Ludeman, Law. Nays - None. Absent - Luettinger. Carried. This resolution appears as Resolution No. ~i121 in Resolution Book No. 43. 14. Appointments to City Commissions/Committees Joyce Wilde, Acting City Manager, presented the following candidates for council approval for appointment to various advisory commission vacancies: Enemy Awareness Committee Motion by Ludeman, seconded by Luettinger to appoint the following individuals to this committee: All ayes - Carried. Human Rights Commission No action was taken. Planning Commission John Moon, 6704 Oakland Avenue Lynn Bramwell, 7225 Lyndale Avenue Herbert Doty, 6308 Stevens Avenue Motion by Ludeman, seconded by Collins to appoint Marvin C. Kaiser, 7608 Bryant ,. Avenue, to continue the unexpired term of Ernest Lindstrom, commencing October 1, 1979: All ayes - Carried. Wine Licensing Study Committee Three individuals from the community that had been cofitacted by the public safety director have indicated an interest in serving on this committee, although wfitten applications had~not~yet been received from those persons. The council ` indicated a desire to review the applications before making appointment. Council Meeting Minutes -10- August 27, 1979 Motion by Ludeman, seconded by Luettinger to appoint Wayne Johnson, 6727 - 12th Avenue, to this committee. All ayes - .Carried. Motion by Luettinger, seconded by Ludeman to request the Chamber of Commerce to appoint an alternate to fill the vacancy resulting from the resignation of Mr. Lytle, and confirming such nominee of the Chamber of Commerce, and to request applications from the other interested individuals for council review at the special meeting of September 4, 1979. All ayes - Carried. 15. Change Order, Municipal Golf Course Joyce Wilde, Acting City Manager, requested council approval of a change order for the municipal golf course project which will amount to a deduction of $5,096.75. This change results from deletion of the original proposed grass seed mixture from the contract, and separate purchase of an alternate grass seed product. Motion by Jacobsen, seconded by:Collins to authorize the change order for the golf course project in the amount of $5,096.75 with E1 Mac Landscaping, Inc. in the amount of $5,096.75. A1]. ayes -. Carried. 16. Payments and Estimates Motion by Luettinger, seconded by Jacobsen that the following payments and estimates be approved: A. Estimate No. 3, earthwork completed golf course - 49% complete Carl Bolander & Sons - $121,742.70 ." B. Estimate No. 2, fencing 75% completed golf course - Viking Fence - $12,270.60 C. Estimate No. 2, ballfield relocation 95% completed - Sebesta Construction - $16,380.74 All ayes - Carried., Council Meeting Minutes -11- August 27, 1979 17. Claims and Payrolls Motion by Ludeman, seconded by Collins that the following claims and payrolls be approved: SUMMIT STATE BANK Checks 51106/51128 General $599,605.21 Checks 51131/52330 Payroll 158,514.77 RICHFIELD BANK & TRUST Checks 41727/42747 $•209,635..30 All ayes - Carried. 18. Licenses Recommendation of Denial of Taxicab Driver's License Tom Morgan, Public~Safety Director, recommended denial of the application of Cynthia Royal Steward for a taxicab driver's license. Motion by Luettinger, seconded by Jacobsen to deny this taxicab driver's license as recommended by the public :safety director. All ayes - Carried. Request to Erect Outdoor Advertising.Sit~n. Joyce Wilde, Acting City Manager, reviewed the request of Nordquist Sign Company to erect an outdoor advertising sign at Twin City Tire, Inc. at 719 West 77 1/2.Street. Ms. Wilde reviewed the staff recommendation for denial of this sign permit on the -- basis that the proposed sign would violate four provisions of.the city sign ordinance, and would establish a precedent that. would conflict with current efforts to strengthen sign ordinance provisions and enforcement. Mr. Jim Miller, representing Twin•City Tire, appeared in support of his request. Motion by Ludeman, seconded .by Jacobsen to grant this permit to erect an advertising sign. All ayes - Carried. Council Meeting Minutes -12- August 27, 1979 Clayton LeFevere, City Attorney, addressed .the issues related to allowing exceptions to the sign ordinance. Richard Blevins, 7539 Washburn, asked why the planning commission had not reviewed this request. He was advised that sign permit applications were not a land use matter, and that this applicant was. appealing the application of ordinance and was not seeking a variance as defined in land use terms. Motion by Ludeman, seconded by Jacobsen that the following fee waived licenses be approved: Fee Waived New Church of St. Peter, 6730 Nicollet Bingo New St. Richards, 7540 Penn (1 day only)" Intern. food, soft '" drink • New VFW, softball tournament Intern. food, soft • drink A11 ayes - Carried. ~ • Motion by Jacobsen, seconded by Collins that the following regular licenses be approved: Regular New Elsen Service, 7730 Portland Vending ~aachine Renewal Was Museum, 6630 Penn Soft drink New Snyders Drug, 2930 W. 66th Street Vending machine, • ~ soft drink New Al's Service, 6445 Penn Soft drink New Don Roberts Union 76, 7301 Penn Soft drink New Phillips Statign, 1366 E. 66th Street -Soft drink New Richfield Youth Employment, 7145~Harriet ~ Soft drink New Crown Auto; 6245 Lyndale ~ Soft drink New Prudential Insurance, 1600 E. 78th Street = Soft drink New Freeway Texaco, 7733 Portland 4 Vending machines New Hardware, 2900 W. 66th Street Warner Soft drink New . Trend setters, 6631 Penn .~ Soft drink New Paradise Palace, 6708 Lyndale ~ Soft drink New Hair Benders, 6646 Penn - -Soft drixik New Progress Valley, 308 E. 78th•Street Soft drink New Precision Tune, 7900 Nicollet Soft drink New Pilgrim Cleaners, 2901 W.-66th Street.- Soft drink; ven •~ machine ` Council Meeting Minutes -13- Licenses (Continued) New The 'Inn, 7640 Cedar New Walser Buick, 2100 W. 78th Street New Bill Smith's Station, 1217 E. 66th Street New Morrow Auto Spec., 6445 Cedar New Lindahl Olds, 1900 W.. 78th Street August 27,' 1979 Vending machine, soft drink, cigarette Soft drink Vending machine, soft drink Vending machine Vending machine, cigarette Soft drink, cigarette Itinerant food Soft drink Retail off-sale beer Renewal Korner Plaza, 66th and Nicollet New Rick Dorsey, 4609 Browndale Avenue New Standard Oil New _ Untion 76, 601 E. 66th Street Poll of votes: Ayes - Collins, Jacobsen,. Law. Nays - Ludeman, Luettinger. Carried. Councilmen Ludeman and Luettinger stated that they were opposed to issuance of ~, i a license for off-sale beer to the Union 76 Service/Gas Station. Motion by Jacobsen, seconded by Ludeman that the following taxicab driver licenses be approved: Taxicab Drivers New James Seidlitz, 8415 10th Avenue • New Franklin R3.zzo, 2128 Emerson Avenue S. New William Gaskill, 6424 ~tyan:Avenue New ~ Mark Norland, 7244 Cedar: Avenue New Russell Buh3e, 8449~North Meadow Road All ayes - Carried. 19. Discussion Items Not on Agenda Open House Mayor Law appointed a three person committee of Joyce Wilde, Juanita Collins and Tom Morgan to plan for an open house of city facilities', tentatively. scheduled for October 13, 1979. Proposed Ordinance - The council directed the staff and the city attorney to research the possibility of adopting .an ordinance to prevent parking. at the end of sidewalks during the winter season so that cars and snow do not block sidewalks. Council Meeting Minutes -14- August 27~, 1979 Approval of Block Party Motion by Luettinger, seconded by Jacobsen to approve the erection of blockades for a block party on Thomas Avenue between 73rd and 74th Streets on August 29, from 5:30 to 9:30 p.m. All ayes - Carried. 20. Adjournment Motion by Ludeman, seconded by Jacobsen that the meeting ad3ourn. All ayes - Carried.Time: 9:56 p.m. Date Approved: September 10, 1979 Sy a K. Bergh Acting Ci lerk ce .Wilde Acting City Manager .L ,~