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09-27-1971CITY OF RICHFIELD REGULAR MEETING September 27, 1971 The Council of the City of Richfield met in regular session in the council chambers of the City Hall, 6700 Portland Avenue9 September 27, 1971, at 7<00 p.m, Rev, J. H. Longley, E!~_e~sc~n Congregational Church, gave the invocation. Present: Anderson, Jacobsen, Luettinger, Law, and Olson. Absent: None. 1. Minutes. Motion by Law, seconded by Luettinger, that the minutes of the September 13,. 1971 regular meeting be accepted as presented, with the following correction in the spelling of names on Page 4, Items 7 and 8, as followst George IZarnas, Bob Dokken, and Clayton Holt. A11 ayes - Carried. Motion by Law, seconded by Luettinger, that the minutes of the September 15th and September 21st, 1971 special meetings be accepted as presented, with the following correction to the September 21st minutes: "Dominic Zappai, 6428 12 Ave. So., also appeared in interest". All ayes - Carried, 2, Ordinance Amendment - Sale of Non-Intoxicating Malt Liquor, (Bill No. 1971-16). Bill No. 1971-16 m "Amendment to Section 11.02, Subdivision 8, Paragraph (4) of the ordinance code of the City of Richfield, Minnesota" was read by the city attorneys the same being on file in the office of the city clerk. (Cm9341). Motion by Jacobsen, seconded by Anderson, that this constitute a second reading of Bill No. 1971-16, that it be spread in the ordinance hooky that it be published in the official newspaper and that it be made a part of these minutes. Po11 of votes: Ayes _ Anderson, Jacobsen, Luettinger, Law and Olson. Nayes - none. Carried. - 2 - September 27, 1971 3. Ordinance Amendment - Food Preparation (Bill No. 1971m15). Bill No. 1971-15 - "Amendment to Section 6.02, Subdivision 38, of the Ordinance Code of the City of Richfield", was read by the city attorney, the same being on file in the office of the city clerk. (C-9342), Motion by Anderson, seconded by Jacobsen, that this constitute a second reading of Bi11 No. 1971-15, that it be spread in the ordinance book; that it be published in the official newspaper and that it be made a part of these minutes, Poll of votes: Ayes - Anderson, Jacobsen, Luettinger, Law and Olson. Nayes o none, Carried. Tim Olson, 6420 Vincent Avenue, appeared in interest, 4. Ordinance Amendment - On Part of the Business". (Bil - Deleting definition of t°Pri Bi11 No. 1971-18 - "Amendment to Section 11.06, Subdivision 1, of the Ordinance Code of the City of Richfield, Minnesota", was read by the city attorney, the same being. on file in the office of the city clerk, (C-9347). Motion by Jacobsen, seconded by Anderson, that this constitute a first reading of Bi11 No. 1971-18, and that it be published in the official newspaper, Po11 of votes: Ayes - Anderson, Jacobsen, Luettinger, Law and Olson. Nayes - None, Carried, 5. Ordinance Amendment on Rezoning - (Northwestern Be11 Telephone Company). (Bill No. 1971-17 . Bi11 No. 1971-17 - "Amendmentt to Appendix C, Section 3, of the Ordinance Code of the City of Richfield, Minnesota" was read by the city attorney, the same being on file in the office of the city clerk. (Cm9343). Clete Dozark, Suburban Manager of Northwestern Bell Telephone Company, presented the applicants case for the rezoning. V. H. Murphy, 7201 Russell Avenue, and Robert S. Jones, 7420 Sheridan Avenue, also appeared in interest. Motion by Luettinger, seconded by Anderson, that this constitute a second reading - 3 - September 27, 1971 of Bill No. 1971-17, that it be spread in the ordinance book; that it be published in the official newspaper and that it be made a part of these minutes. Poll of votes: Ayes - Anderson, Jacobsen, Luettinger, Law and Olson. Nayes - none. Carried. 6. Hearing on Ado ting Assessment Ro11 for 1970 Oiling Improvement Project and Deleting Certain Properties from Project No. 614. It being 7:15 p.m..Mayor Olson called for the hearing on adopting the assess- went roll for the 1970 Oiling Improvement Project and deleting certain properties from the project. The following. persons appeared in interest: M. Colmark, 6512 21st Avenue R. M. Price, 1515 E. 62nd Street Ray Macht, 7316 Grand Ave. So. R. R. Jones, 7420 Sheridan Avenue Anders E. Andersson, 6333 James Ave. So. B. D. Swanson, 6744 Queen Avenue P. A. Schaefer, 6404 James Avenue W. 0. Agelin, 6414 James Avenue M. L. Lundberg, 2927 Washburn Circle Ron Lillegard, 6613 Thomas Ave. Earl H. Maffett, 6745 Harriet Ave. So. James Miller, 7034 Bloomington H. Simenovski, 7200 Harriet Ave. E. L. Miller, 7129 Nicollet Avenue Motion by Jacobsen, seconded by Jacobsen, that the hearing be closed. A11 ayes - Carried. Motion by Jacobsen, seconded by Law, 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. 4646 RESOLUTION ADOPTING ASSESSMENT ON CITY PROJECT No. 614 Po11 of votes: Ayes - Anderson, Jacobsen, Luettinger, Law and Olson. Nayes - none. Carried. This resolution appears as Resolution No. 4646 in Resolution Book ~r30. Motion by Jacobsen, seconded by Law, that the fallowing resolution be adopted; that it be spread in the resolution book and that it be made a part of these minutes: - 4 - September 27, 1971 RESOLUTION Na. 4647 RESOLUTION DELETING CERTAIN STREETS FROM THE 1970 ANNUAL STREET IMPROVEMENT AND OILING PROGRAM, C. P. No, 614. Po11 of votes: Ayes - Anderson, Jacobsen, Luettinger, Law and Olson, Nayes - none. Carried, This resolution appears as Resolution No. 4647 in Resolution Book No, 30. 7. Hearing on Special Use Permit - Restaurant at 76th and Girard Avenue So. It being 7:15 p.m. Mayor Olson called for the hearing on the special use permit for a restaurant proposed for location on the property at 76th Street and Girard Avenue South, requested by Robert Naegele, 1700 West 78th Street. It was recommended by the City Manager that the council table consideration of this request until the Planning Commission has completed its review of this Special Use Permit, Motion by Anderson, seconded by Law, that this hearing be rescheduled after the Planning Commission has reviewed this matter and properly advised the council as to what their recommendation would be on this request. A11 ayes - Carried. 8. Contract for Off-Street Parking - Hyre Flesher and Company, 2409 W. 66th Street. Motion by Anderson, seconded by Law, 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. 4648 RESOLUTION APPROVING LAYOUT AND CONTRACT FOR OFF-STREET PARKING ZrT ACCORDANCE WITH APPLICATION No. 71-12, Contract No. 2097, AND APPROVING SAVINGS CERTIFICATES IN LIEU OF BOND Hyre Flesher and Company, 2409 W. 66th Street Use: Business Offices (Accountants) (C-9348 ) Poll of votes: Ayes - Anderson, Jacobsen, Luettinger, Law and Olson. Nayes - none. Carried. This resolution appears as Resolution No. 4648 in Resolution Book ~~30. 9. Discussion - Noise Abatement Measures for High Speed Highways. David J. Petterson, 6215 Vincent Avenue, submitted a petition signed by 58 residents living near the Crosstown between Zerxes and Penn Avenues, and a request - 5 - September 27, 1971 was made by Councilman Law in behalf of residents living near 35-W, requesting council to seek traffic noise abatement on high speed highways. Motion by Law, seconded by Luettinger, that the city manager be directed to send a letter to the State of Minnesota Commissioner of Highways regarding Highway 35-W, and to the Hennepin County Board of Commissioners regarding the 62nd Street Crosstown requesting action to alleviate noise on these highways, The letter to include four suggestions from the council on possible methods for noise abatement. The suggestions were: road surfacing with asphalt, speed reduction, erecting noise barriers adjacent to the roadway:9: and controlling truck noise by legislation and enforcement of current legislation, All ayes - Carried, The following persons appeared in interest: Gertrude Ulrich, 7601 Aldrich Avenue Don Houlding, 7145 13th Avenue So. Paul Dufrane, 6211 Vincent Avenue Elaine Olson, 6420 Vincent Avenue Sandra Carter, 7008 Oakland Avenue Ray Macht, 7316 Grand Avenue So. Motion by Olson,. seconded by Law, that the council receive the petition and that the City Manager forward it to Hennepin County Board of Commissioners with recommendation that action be taken as soon as possible to seek relief from the noise on the Cros s town Highway, All ayes - Carried, Motion by Olson, seconded by Jacobsen, to bring Inglewood, California, model ordinance on noise control back to the council before the year end. A11 ayes - Carried. lU. Consideration of Resolution Education and Welfare Costs as a Meant of Affording Lasting Property Retaining the Property Tax as a Means of Supporting Local Services. The following persons appeared in interest: Ray Macht, 7316 Grand Avenue Bill Watson, 6329 Harriet Avenue Earl Maffett, 6745 Harriet Ave, So. Don Houlding, 7145 13th Avenue So. Lawfence Wozniczka, 6744 Wentworth Ave. Tax Relief and - 6 - September 27, 1971 Motion by Law, seconded by Olson, to defer this matter until the council has had a chance to discuss this resolution with the School Board. A11 ayes - Carriedo 11g Discussion m Proposed I-35W Urban Corridor Demonstration Project. Motion by Olson, seconded by Jacobsen,. that a public discussion be held on October 26, 1971, on the proposed.I-35W Urban Corridor Demonstration Project, which project would acquire additional land for the highway from Richfield and would give mass transit preferential access to the freewayo A11 ayes - Carried, 12. Licenses° Mrs, Strauch appeared regarding her request for a residential kennel license. Motion by Luettinger, seconded by Law, that the residential kennel license for Mrs, Charles Strauch, 6601 Soo Emerson Avenue, be approved: Poll of votes: Ayes - Anderson, Jacobsen, Luettinger, and Lawo Nayes m 0lsono Carried® 13o Agreement with Hennepin County. for Street and Traffic Inventory and Report Required for TOPICS Programo Motion by Luettinger, seconded by Law,. that Resolution approving agreement with Hennepin County for Phase I (Basic Street and Traffic Inventory) and Phase II (Plan and Report) of the "Traffic Operations Program to Increase Capacity and Safety, known as TOPICS, be deferred to the October 12, 1971 council meeting in order to obtain additional information regarding this program, Po11 of votes: Ayes - Anderson, Luettinger, Law and Olson, Nayes - Jacobsen, Carried° 14. Proposed Parking Restructions, Motion by Jacobsen, seconded by Anderson, that the following resolution be adopted that it be spread in the resolution book and that it be made a part of these minutes: - 7 - September 27, 1971 RESOLUTION No, 4649 RESOLUTION RELATING TO TRAFFIC CONTROL SIGNS, "NO PARKING AT ANY TIME°1 ON BOULEVARD LOCATED NORTH SIDE OF SERVICE ROAD OF HIGHWAY ~~494 FROM WEST LINE BLOOMINGTON AVENUE TO 458,23 FEET WESTe Po11 of votes: Ayes - Anderson, Jacobsen, Luettinger, Law and Olson, Nayes - none. Carried. This resolution appears as Resolution No, 4649 in Resolution Book No. 30. 15. Release of Off-Street Parking Bonds - 6300 Cedar Avenue, Motion by Law, 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. 4650 RESOLUTION RELATING TO RELEASE OF BOND ON OFF-STREET PARKING Norman G. Jensen, Inc,, 324 Fourth Ave. So, Location: 6300 Cedar Ave, So. Use: Air Freight Cargo Station Facility Poll of votes: Ayes - Anderson, Jacobsen, Luettinger,. Law and Olson, Nayes - none. Carried. This resolution appears as Resolution No. 4650 in Resolution Book ~~30. 16. General Election Polling Places and Designation of Election Judges. Motion by Anderson, seconded by Law, 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. 4651 RESOLUTION PROVIDING FOR POLLING PLACES AND DESIGNATING 3UDGES FOR CITY GENERAL ELECTION Po11 of votes: Ayes - Anderson, Jacobsen, Luettinger, Law and Olson, Nayes - none. Carried. This resolution appears as Resolution No, 4651 in Resolution Book ~~30. 17. Resolutions for Nuisance and Weed Special Assessments and for Un aid Fees. 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 No. 4652 RESOLUTION LEVYING SPECIAL ASSESSMENT FOR WEED DESTRUCTION g - Po11 of votes: Ayes - Anderson, Jacobsen, Luettinger, Law and 01son. Nayes - none. Carried. This resolution appears as Resolution No. 4652 in Resolution Book ~~30. Motion by 3acobsen, 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. 4653 RESOLL~TON LEVY IlVG SPECIAL ASSESSMENT FOR NUISANCE ABATEMENT Poll of votes: Ayes - Anderson, Jacobsen, Luettinger, Law and Olson. Nayes - none. Carried. This resolution appears as Resolution No, 4653 in Resolution Book ~~30. 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 No. 4654 RESOLUTION CERTIFYING UNPAID WATER SERVICE CHARGES TO THE COUNTY AUDITOR TO BE COLLECTED WITH OTHER TAXES ON SAID PROPERTIES Po11 of votes: Ayes - Anderson,. Jacobsen, Luettinger, Law and 01son. Nayes - none. Carried'. This resolution appeals as Resolution No, 4654 in Resolution Book ~~30. 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 No. 4655 RESOLUTION CERTIFYING UNPAID SEWER SERVICE CHARGES TO THE COUNTY AUDITOR TO BE COLLECTED WITH OTHER TAXES ON SAID PROPERTIES Poll of votes: Ayes - Anderson, Jacobsen, Luettinger, Law and Olson. Nayes - none. Carried, This resolution appears as Resolution No, 4655 in Resolution Book ~~30. 18. Change Orders, Motion by Luettinger, seconded by Anderson, that the following change orders be allowed: a, To Sheehy Construction Company - Ice Arena Increase contract in the net amount of $721.00, - 9 - September 27, 1971 Change Orders (continued) b. 'To H. S. Horwitz, Inc. - Ice Arena Increase contract in the net amount of $140.00° All ayes - Carried. 19. Estimates° Motion by Jacobsen, seconded by Law, that the following estimates be approved: a. To Drake Construction Co. - Ice Arena Refrigeration City Project No. 623,. Contract No. 2069, Estimate No. 5 Amount Payable - $4,725.00. b. To Mayer Electric Company, Inc. - Ice Arena Electrical Construction City Project No. 623, Contract No. 2068, Estimate No. 9 Amount Payable - $4,068.00. c. To H. S. Horwitz, Inc. - Ice Arena Mechanical Construction City Project No. 623, Contract No. 2071, Estimate No. 10 Amount Payable - $7,111.80. d. To Electric Service Co. - Ice Arena Electrical Improvement City Project No. 623, Contract No. 2074, Estimate No. 2 Amount Payable - $469.80. e. To Orvedahl Construction Co. - Wood Lake Site Improvement. City Project No. 549, Contract No. 2052 ,97% complete. Amount Payable - $5,845.07. f. To Orvedahl Construction Co. - Ice Arena Site Work City Project No. 623, Contract No. 2072, 66% complete, Estimate No. 4 Amount Payable - $22,871.96. g. To Sheehy Construction Co. - Ice Arena General Construction City Project No. 623, Contract No. 2067. Amount Payable - $19,076.40. 20. Licences° A11 ayes - Carried.. Motion by Luettinger, seconded by Law, that the following licenses be approved: Fee Waived° New Holy Angels Academy, 6600 Nicollet Avenue Soft Drink, Food, On-Sale Beer, Bingo Re ular° Renewal Belden Porter Company, 315 Royalston Ave. N. Heating New Pikorny Company, 65 - 7th Ave. So., Hopkins, Minn, Heating New Melody Lane Coiffures, 1315 E® 66th Street Soft Drink New Dick's Conoco, 6645 Penn Ave. So. 1 Vending Machine New Voyager She11, 6601 Penn Ave. So. 1 Vending Machine New B&R Rubbish, 5745 Pillsbury Ave. So. (1 Truck) Garbage Hauling (continued) - to - September 27, 1971 Licenses (continued) Taxicab Drivers New John Korsey, Jr., 5044 Dupont Ave. So. New Michael Dowell, 8318 16th Ave. So. Renewal George Ferrier, Route ~k2, Prior Lake Minn, New Bartley Foster, 406 Knox Ave. N., Mp1s. Renewal John H, Frederick, 7033 - 3rd Ave. So. New Paul L. Grunow, 3512 Emerson Ave, So. New John Hagen, 7345 - 15th Ave. So. New William Kramer, 3914 N. Valley View Drive, St. Paul Renewal Lee A. Krystosek, Jr., 5700 Code Ave., Edina New James Lannigan, 6100 Clinton Ave. So. New Sandra Noble, 5932 Vincent Ave. So. New Daniel Parker, 1059 Long Ave.,. St, Paul New Donald Parks, 3719 - 21st Ave. So. New James Rober~s, 2961 Washburn Circle New Robert Shoen, 3841 Harriet Ave, New William Edwin St. Clair, 9134 Stevens Ave, So. New Harold V. Wasick, 7217 So, Lyndale Ave, New Stephen Lapensky, 6621 Stevens Ave. So. Taxicab Driver Taxicab Driver Taxicab Driver Taxicab Driver Taxicab Driver Taxicab Driver Taxicab Driver Taxicab Driver Taxicab Driver Taxicab Driver Taxicab Driver Taxicab Driver Taxicab Driver Taxicab Driver Taaeicab Driver Taxicab Driver Taxicab Driver Taxicab Driver All ayes - Carried. (Councilman Anderson voted "No" on Holy Angel°s Academy fee waived On-Sale Beer license). 21. Hearing for Renewal on On-Sale Liquor License. .Motion by Luettinger, seconded by Law, to set October 2B, 1971 for public hearing on renewal of onmsale liquor license for Heidelberg Dining Lounge, Inc., 708 W. 66th Street, A11 ayes - Carried. 22, Claims and Payrolls. Motion by Law,. seconded by Luettinger, that the following claims and payrolls be allowede RICHFIELD BANK & TRUST COMPANY Checks 5989/6104 $308,857.19 SUMMIT STATE BANK Checks 26831/26842 general $ 46;287,28 25402/25635 payroll 79,644.24 All ayes o Carried, - 11 - September 27,.1971 23,. Adj.®~.rnment, Motion by ~,aw, seconded by Anderson,. that the meeting be ad3ourned, A11 ayes - Ca.rriedo Date Approvede October 12, 1971 r.~ -.. o ° ~ ~J, Mayor LJ ~. ~wd /~'r ' Manager 1