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04-24-1972CITY OF RICHFIELD REGULAR MEETING April 2/+, 1972 The Oouncil of the City of Richfield met in regular session in the Council Chambers. of tt~e City Hall, 6T00 Portland Avenue, April 24,.1972, at 7:00 p.m. Rev. Aaron Markuson, Bethany Covenant Church, gave the invocation, Present; Anderson, Jacobsen, Luettinger and.Law. Absent - Kenealey,-.due to illness, Mayor Law called the meeting to order. 1. Minutest- ° Motion by Anderson, seconded by Jacobsen, that the minutes of the Apr.i1 10, 1972 regular meeting of the council be approved as presented, with the following corrections; Page 7 - Resolution No, .4751 - Omit words - "Concept of" in title of Resolution. Page 9 - Item 18. Add the following underlined words.,."Luett_inger objected to not enough weekend hours for'open skating". All ayes`- Carried, Absent - Kenealey. 2, Hearing on Storm Sewer Construction, City Project No. 646. It being 7:00 p.m, Mayor Law called for the Hearing on Storm Sewer Construction, City Project No. 646. No one appeared in interest, Motion by Anderson, seconded by Jacobsen, that the hearing be closed. A11 ayes -.Carried. Absent.- Kenealey. 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. 4757 RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS Ai~TD SPECIFICATIONS FOR STORM SEWER CONSTRUCTION. City Project ~~646, Poll of vofes: Ayes -Anderson, Jacobsen, Luettinger and-Law. Nayes - N'oine. Absent - Kenealeq,~ This resolution appears as Resolution No. 4757 in Resolution Book ~~31. - 2 - April 24, 1972 3. Amendment to Ordinance - Operating a Sidewalk Cafe at Heidelberg Dining Lounge. Motion by Jacobsen, seconded by Anderson, that second reading of Amendment to Section 1I.06, Subdivision 12 (5) of-the Ordinance-Code of_the City of Richfield, per- witting the operation of a sidewalk cafe at the Heidelberg Dining Lounge, Bi11 No. 1972-7, be deferred to the council meeting of May 8, 1972, when a full council is present. Po11 of votes: Ayes - Anderson, Jacobsen, Law. Nayes -Luettinger. Absent - Kenealey. Carried.. 4. Proposed Ordinance Amendment Concerning Zoning Regulations. Bi11 No. 1972-5. fUndert~round Utilities, Exterior Treatment_of Buildings, and Screening Mechanical Equipment, Attorney John Dean, representing City Attorney Clayton L. LeFevere, appeared as the city's legal counsel. Bill No. 1972-5, "Amendment to Chapter III, Part TV, Section 3.29, of the Ordinance Code of the City of Richfield, Minnesota" was read, the same being on :file in the office of the City Clerk. (C-9380). Motion by Jacobsen, seconded. by Anderson, that the hearing on this proposed ordin- ance amendment be closed and that this constitute a second reading of Bi11 No. 1972-5, 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, Po11 of votes: Ayes - Anderson, Jacobsen, Luettinger and Law. Nayes - None, Absent -.Kenealey. Carried. 5. Proposed Ordinance Amendment Relating to Abatement of Weed and Brush Nuisances, Bi11 No. 1972-8, "Amendment to Chapter X, Part T, Section 10.01, Subdivision 2 of the Ordinance Code of the City of Richfield, Minnesotat1, was read, the same being on file .in the off3.ce of the City Clerk.. (C-9381), Motion by Anderson, seconded by Luettinger, that the hearing be closed and that this constitute a second reading of Bill No. 1972-8, 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. - 3 - April 24, 1972 Poll of votes: Ayes - Anderson, Jacobsen, Luettinger and Law. Nayes -.None. Absent - Kenealey. Carried. h_ Amendment to Section 11.02:, Subdivision 8 of the_Ordinance Code Relating to Selling of Non-Intocicating Malt Liquor. Bi11 No, 1972-9, "Amendment to.Section 11.02, Subdivision 8, of the Ordinance Code of the City of Richfield, Minnesotat1, was read,. the same being on file in the office of the City Clerk. (C-9385). Don Houlding, 7145 13th Avenue So., appeared in interest. Motion by Jacobsen, seconded by Luettinger, that the hearing on this proposed amend- ment be closed- and that this constitute a first reading of Bill No. 1972-9, and that it be published in the official newspaper. Po11 of votes:. Ayes - Anderson, Jacobsen, Luettinger and Law. Nayes - none. Absent - Kenealey. Carried. 7. Petitions received relating to Rezoning and to changes in proposed Central Business District, Lawrence Wozniczka, 6744 Wentworth Avenue, submitted two petitions to the city manager for review prior to this council meeting, and attorney James J. Trench presented the petitions to the city council at this meeting requesting a change from multiple - residential zoning to single residence zoning for properties located within 67 1/2 Street to 68th Street, between Nicollet and Pleasant Avenues. C~=-~'~~„~ Motion by Luettinger, seconded by Jacobsen,. that the council accept the petitions consideration and that they be referred to the administrative staff for further uee~in making re- visions to the comprehensive plan. All ayes - Carried. Absent. - Kenealey. Motion by Jacobsen, seconded by Anderson, that the rezoning request~be submitted to the Planning Commission in the normal manner. A11 ayes - Carried. Absent -Kenealey. Lawrence Wozniczka, 6744 Vincent, and C. E. Swanson, 6717 Harriet Avenue, spoke in favor .of-this rezoning request, 4 - Apri1.24, 1972 8. Approval of Liquor Liability Insurance Policy. Motion by Jacobsen, seconded by Anderson, that the council approve the contract ~ with t'he Employers Insurance Company of Wausau, effective May 1, 1972, to continue its coverage for an annual premium of $1,150 for the city's liquor liability insurance policy. A11 ayes. Absent - Tenealey, Carried, 9. Off-Street 66th Street. or One-Lane Car Wash with Gasoline Pumps - 2816 West Tom A11an, Mobil Oil Company representative, appeared regarding the request of the Mobil. Oil Company, 7600 Parklawn Avenue, for approval of an off-street parking contract for a one-lane car wash with accessory gasoline service pumps pPOposed for location on two parcels of land 1o.cated at 2816 West 66th Street and. 6533 Vincent Avenue. Motion by Anderson, seconded by Jacobsen, that the council approve this off-street parking. contract with the stipulation that developer will be responsible for any cost incurred for adjusting the method of actuating the traffic semaphore located at the corner of Vincent Avenue and West 66th Street, as contained in city manager's council letter No. 93. Poll of votes: Ayes.- Anderson, Jacobsen, and Law. Nayes - Luettinger. Absent - Kenealey. Carried. 10. Resolution Denying Application for Special Use Permit - Restaurant, 2208 W. 66th. Motion by Luettinger, seconded by Anderson, that the fallowing resolution be adopted; that it be spread in the resolution book and that it be made a part of these minutes; RESOLUTION No. 4758 RESOLUTION DENYING APPLICATION FqR Ay SPECIAL USE PERMIT-FOR ~ LOCATION OF A RESTAURANT AT 2208 WEST 66TH STREET Poll of votes: Ayes - Anderson, Jacobsen, Luettinger and Law. Absent - Kenealey. Carried, This resolution appears as .Resolution No. 4758 in Resolution Book ~k31, 5 _ April 24, 1972 11. Acquisition of Property Adjacent to Taft Park. Motion by Anderson, 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. 4759 RESOLUTION AUTHORIZING PURCHASE OF PARK PROPERTY (62nd and Cedar Avenue) Po11 of votes: Ayes - Anderson, Jacobsen, Luettinger and Law. Nayes - none. Absent - Kenealey. Carried. This resolution appears as Resolution No. 4759 in Resolution Book ~~31. Mo.tion.by Luettinger, seconded by Jacobsen, that the administrative staff be directed to communicate to the ~,egislators to intervene ~:n behalf of fihe City` of Rich- field on Federal Grant Application for~~~-~~:~s~-~ ~-~~ for park purposes. A11 ayes - Carried. Absent - Kenealey. 12. Approval of Heating Improvement Contract at Penn Avenue_ Fire Station. Motion by Luettinger, seconded by Jacobsen, that the council defer approval of this matter until the next meeting, and that attorney b.e instructed to contact the architect and mechanical engineer in an. attempt to recover partial costs of defects. R. C. Reddick, a representative from the Chamber of Comaaaerce, inquired as to the quality of work as .opposed to lowest bidder. Don Houlding, 7145 13th Avenue, suggested that the architect and mechanical engineer be requested to appear .before the council regarding the defects in the construction of .the Penn Avenue Fire Station.. 13. Discussion of Renewal of City Membership in the National Organization. to Ynsure A Sound Controlled Environment.- - The. following .persons participated in discussion involving the. renewal of city membership in the National Organization to Insure a Sound Controlled Environment an interested citizen. (NOISE~~oyd Hinton, who spoke as e-~ep~eseaeae~ve-e~-~1~e-Z+~e~r+e~pe~~~ea-A~ee~a~~-Send ~~ggke~e~e~t~-6e~ee~~: Donald .Houlding, 7145 13th Avenue, in favor of renewing membership; Lawrence Wozniczka, 6744 Wentworth Ave., sympathized with Federal lobbying and asked questions at local level regarding NOISE. (continued) - 6 - April 24, 1972 R. C. Reddick, 7074 Oak Grove Blvd., indicated his .concern was mainly the highway noise. Patrick D'Niel, spoke as a representative of the NOISE organizatign. Motion by Jacobsen, seconded by Luettinger, to renew dues in NOISE for .the City of Richfield, in the amount of $750.00, for 'the year 1972. A11 ayes -Carried.- Absent - Kenealey. 14. Report on Request to Fence. Pond at Sheridan Park. The petitioners, Mr, end Mrs. Howard Tyson, 6414 Upton Avenue So., requested that the pond at Sheridan Park be fenced. No one appeared in interest regarding the fence at this .location. Motion by Luettinger, seconded. by Jacobsen, that the council deny this request, All ayes - Carried. Absent - Kenealey, 15,, Report on Improved Street Lighting System, The City Manager reviewed three proposals for mid -block street lighting, as contained in his Council Letter No. 96, dated April 24, 1972. The following appeared in interest; Gordon McKinnon, 7308 Upton Ave, So., in favor of existing system, Sandra Carter, 7008 Oakland Ave., in favor of one pole-mid-block, Don Houlding, 7145 13th Ave., why pressure for mid-block lighting? 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 apart of these minutes: RESOLUTION No, 4760 RESOLUTION ORDERING PREPARATION OF REPORT ON INSTALLATION OF ORNAMENTAL STREET LIGHTS. City Project No, 648. Poll of votes: Ayes - Anderson, Jacobsen, Luettinger and Law. Nayes - none, Absent -.Kenealey. Carried. This resolution appears as Resolution No. 4760 in Resolution Book ~~31. Motion by Jacobsen, seconded by Luettinger, that the following resolution be - 7 - April 24, 1972 adoptieil;. that it be spread in the resolution book and that it be made a part of these minutest RESOLUTION No. 4761 RESOLUTION RECEIVING REPORT AND CALLING HEARING ON INSTALLATION OF ORNAMENTAL STREET LIGHTS. City Project No. 648. (C-938.6) Poll of votes: Ayes. - Anderson, Jacobsen, Luettinger and Law. Napes -.none. Absent - Kenealey. Carried. This resolution appears as Resolution No. 4761 in Resolution Book ~~31. 16. Report on-Cost Estimates for Council Chamber Recording and Microphone System. . The-City Manager reviewed two cost estimates: 1. An estimate to repair and improve the existing public address system which, if necessary, will. include the purchase of new microphones. 2. An estimate of the cost of purchasing and installing a disc recording system. Motion by Jacobsen, seconded by Luettinger, that the council .approve .the cost to repair :and improve the existing system in the amount of $500 to check, .rewire, and repair system as necessary, and to replace michrophones if needed in the amount of approximately $350. A11 ayes - Carried, Absent - Kenealey. 17. Local Government Information System Joint Powers Agreement. Motion by Anderson, seconded by Jacobsen, that the resolution Approving Agree- ment for joint .data processing services be deferred to the council meeting of May 8, 1972. A11 ayes - Carried, Absent -Kenealey. 18. Discussion of Metropolitan Benefit Policies Relating to Sanitary-Sewer Costs. -Motion by Luettinger,- seconded by Jacobsen, that the city council endorse the position taken by the Sewer Service Area No. 1 Advisory Board and transmit a resolu- tion indicating this endorsement to the Metropolitan Council. .-- All ayes -Carried. Absent - Kenealey. - 8 - RESOLUTION No. 4762 RESOLUTION OF INTENT. TO ENTER INTO A JOINT POWERS AGREEMENT TO FORM A MUNICIPAL CABLE TELEVISION AND .COMMUNICATIONS SYSTEM l9. Resolution of Intent Concerning a Joint Powers Agreement for a Municipal Cable Television and Communications System. Motion by Anderson, 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; Po11 of votes: Ayes - Anderson, Jacobsen, Luettinger and Law.- Nayes - None. Absent - Kenealey. Carried. This resolution appears as Resolution No. 4762 in Resolution Book ~~31. 20. Licenses. Motion by Jacobsen, seconded by Anderson, that the following licenses be approved; 1 Re ular: Renewal Penn Embers, 6500 Penn Ave. So. Renewal Nicollet Embers, 7700 Nicollet Ave. New The Westerneer, 1120 E. 66th Street New Sale's Coiffures, 6511 Cedar Ave. New Signcrafters Outdoor Display, Inc., 13 - 77th Way N.E., Mp1s. Renewal Auto Repair Clinic, 821 West 66th St. Renewal Tom Thumb Superette, 7609 Lyndale Ave. So. Renewal Citywide Plumbing & Htg., 2912 Bloomington. Ave., New AMOCO Heating Contractors, 8419 Third Ave. Renewal Arrow Rubbish Service, 1700 E. 84th St. Renewal A&E Skelly, 7701 Lyndale Ave. So. Renewal.- VFW Fred Babcock Post ~k5555, 710 Lake Shore Drive Soft Drink, Cig., Music Box, Food Food, Cig., Soft Drink, Music Box. 1 Music Box (Player Piano) Soft Drink Sign Erector 1 Cig. Off-Sale Beer ~ Heating/Ventilating Heating/Ventilating Garbage Hauling Soft Drink Bingo Temporary Pennant Permit;- From May 4, 1972 through June 4, 1972. Murphy Oil Corporation, 4600 West 77th Street Location; 7744 Penn Ave. So. 7645 Lyndale Ave, So. -6300 Lyndale Ave. So. Taxicab Driver; Renewal Rodney Lee Madison, 216 S.E. 4th Street All ayes - Carried. Taxicab Driver - 9 - 21. Claims and Payrolls. Motion by Anderson, seconded by Jacobsen, that the following claims and payrolls be allowed: ~ --~ April 24, 1972 RICHFIELD BANK & TRUST COMPANY Checks 7048/7073 $202,187.69 SUMMIT STATE BANK Checks 252,877.21 85,296.57 28645/31191 General 30786/31042. Payroll A11 ayes - Carried. Absent - Kenealey. 22, Football Stadium Discussion (Not on Agenda). Motion by Jacobsen, seconded by Luettinger, that the city council meet jointly with Bloomington and the Metropolitan Sports Commission on Thursday, May 11, 1972 at 7:30 p.m. to discuss the Metropolitan Football. Stadium, which meeting will be open to the public. Meeting to be held at Richfield City Ha11 Council Chambers. r A11 ayes -Carried, Absent - Kenealey. 23. Red Owl Licenses (Not on Agenda). Motion by Jacobsen, seconded by Luettinger, that two food vehicle licenses for Red Owl Stores, Inc., 215 Excelsior Avenue, Hopkins, Minn., be approved, A11 ayes - Carried. Absent - Kenealey. 24. Cedar Ave. Liquor Store Sign Repair. (Not on Agenda). Motion by Jacobsen, seconded by Luettinger, that emergency sign repair at the Cedar Liquor Store be approved in the amount of $1,790, A11 ayes -Carried. Absent -.Kenealey, 25. Adjourrunent. Motion by Anderson, seconded by Jacobsen, that the meeting be adjourned. A11 ayes.- Carried. Date Approved.: Ma 8 1972 Mayor