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08-28-1972 CITY OF RICHFIELD REGULAR MEETING August 28, 1972 The Council of the City of Richfield met in regular session in the Council Chambers of the City Ha11, 6700 Portland Avenue, August 28, 1972, at 7:00 p.m. Mayor Law asked all present to participate in saying the Lord°s Prayer. Present: Anderson, Jacobsen, Kenealey, Luettinger and Law. Absent - none. 1. M~.nutes : Motion by Anderson, seconded by Luettinger, that the minutes of the August 14, 1972 regular meeting and the August 22, 1972 special meeting be approved as pre- seated but that the name of "Duane Edward", be corrected to read Duane Edberg on pages 5 and 6 of the regular minutes. A~.1 ayes - Carried. Rezoning of 27 1s of land from "MR" to "R" to Nicollet Avenue. 2 6 Don I, Anderson, 6724 Wentworth Avenue, appeared in interest. Motion by Kenealey, seconded by Jacobsen, that 'this hearing. be closed. All ayes - Carried. Motion by Kenealey, seconded by Anderson, to rezone this area to single family residents with direction to change this area on the proposed comprehensive plane Poll of votes: Ayes - Anderson, Jacobsen, Kenealey, and Law, Nayes - Luettinger. • Absent - none, Carried. .Councilman Luettinger stated that he voted "n®" because of the procedures involved, not because he is opposed to this rezoning. Bi11 No. 1972-15, "Amendment to Appendix C, Section 4, of the Ordinance Code of the City of Richfield, Minnesota", was read, the same being on file in the office of the City Clerk (Cm9422). th and It being 7:00 p.m. Mayor Law called for the hearing on the rezoning of 27 parcels of land between 67th and 68th Streets, and from Grand Avenue to Nicollet, from multiple residential to residential. City Planning Director, Robert Worthington, presented background information on the property owners' petition to rezone this area. - 2 - August 28, 1972 Motion by Kenealey, seconded by Anderson, that the hearing on this proposed amendment be closed and that this constitute a first reading of Bi11 No. 1972-15; and that it be published in the official newspaper, Poll of votes: Ayes - Anderson, Jacobsen, Kenealey and Law. Nayes - Luettinger. Absent - n®ne. Carried. 3. Hearing on 1972-77 Capital Improvement Program. Motion by Kenealey, seconded by Jacobsen, to meet in a joint meeting with the 1 Planning Commission on Capital Improvements on Thursday, September 28, 1972, and to continue the hearing to October 11, 1972. Po11 of votes: Ayes - Jacobsen, Kenealey, and Law. Nayes - Anderson and Luettinger. Absent - none. Carried. 4. Hearing on Assessment Roll for City Project No. 640. Motion by Luettinger, seconded by Jacobsen, that hearing on Assessment Ro11 for City Project No. 640 be closed. A11 ayes - Carried. 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: RESOLUTION No. 4818 RESOLUTION ADOPTING ASSESSMENT ON CITY PR®JECT No. 640 Po11 of votes: Ayes - Anderson, Jacobsen, Kenealey, Luettinger and Law. Nayes - None. Carried, This resolution appears as Resolution No. 4818 in Resolution Book No, 31. 5. Request for Curb cut between Property at 7701 Nicollet Avenue and East 77th St. The city manager reported that the applicant, William Edes, Programmed Land, Inc,, wished to withdraw his request for a curb cut for property located at 7701 Nicollet Avenue and East 77th Street. (Letter from applicant - 09423). - 3 - August 28, 1972 6. Off-Street Parking Contract, Texaco, Inc., 7733 Portland Ave. So. Motion by Luettinger, seconded by Jacobsen, that the off-street parking contract for Texaco, Inc., 7733 Portland Avenue, for a car wash facility to be attached to the north encl`~~of their existing service station building, be deferred to the council meeting of September 11, 1972. 7. Off-Street Parking Contract for Commercial Building to be located at 6325 Penn Ave. Claude Thorpe, representing the applicant, Godwin Bevers Company, Inc., requested approval of an off-street parking contract for commercial building to be located at 6325 Penn Avenue So. Motion by Luettinger, seconded by Jacobsen, that the council approve this off- street parking. contract with the stipulation that the alley side be screened as approved by-city staff. A11 ayes - Carried. Motion by Luettinger, 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. 4819 RESOLUTION APPROVING LAYOUT AND CONTRACT FOR OFF-STREET PARKING IN ACCORDANCE WITH APPLICATION No. 72-8, Contract No. 2119. Godwin Bever Co., Inc., 710 East Harrison Colorado Springs, Colorado 80907 Use; Color Tile Store (C-9424) I'o11 of votes; Ayes - Anderson, Jacobsen, Kenealey, Luettinger and Law. Nayes =None. Carried. This resolution appears as Resolution No. 4819 inn Resolution Book No. 31. 8, Request for Release of Off-Street Parking Bond for Erik Bentzen, Material Services Inc „ 7720 Wentworth Avenue So. Motion by Anderson, seconded by Kenealey, that the following resolution be adopted; that it be spread in the resolution book and that it be made a part of these minutes; - 4 - August 28, 1972 RESOLUTION No. 4820 RESOLUTION RELATING TO RELEASE OF BOND ON OFF-STREET PARKING Mr. Erik Bentzen 7720 Wentworth Avenue South Use: Material Services, Inc, Poll of voteso Ayes - Anderson, Jacobsen, Keneaiey, Luettinger and Law, .Naves - None. Absent ~ None. Carried. This resolution appears as Resolution No. 4820 in Resolution B®cY~ No. 31.. 9. Sturm Sewer Construction - City Pro3pct No. 635. Motion by Jacobsen, seconded by Luettinger, that the following reso-lotion be adoptedy that it be spread in the resolution book and that it be made a part of these minutes: RESOLUTION No. 4821 RESOLUTION ORDERING PREPARATION OF PLANS AND SPECIFIC CATIONS FOR STORM SEWER CONSTRUCTION -CITY PROJECT No, 635 (Vincent Avenue, Washburn Circle to 77th Street West 77th Street, Vincent Avenue to Upton Avenue) Po11 of votes: Ayes - Anderson, Jacobsen,- Kenealey, Luettinger and Law. Naves - N®ne. Absent -none. Carried. This resolution appears as Resolution No. 4821 in Resolution. Book No. 31. 10. Appointments to the Richfield Youth Service Bureau Board of Directors. Motion by Jacobsen9 seconded by Anderson, that the following adult members be appointed to the Richfield Youth Service Bureau Board of Directors: Mrs. Henrietta Nevius, 6615 Lynnwood Blvd. Bruce P. Wyant, 6244 Russell Avenue Captain Donald Lundquist, 6700 Portland Ave. (Until Public Safety Director is appointed) Mrs. Catherine Williams, 22 Courthouse (Dept,. of Court Services - Hennepin County) Mrs. Marcella Leeth, Central School, 7145 Harriet Mark Erspamer, Hennepin County Welfare Dept,, 400 South 5th Street Timothy C. Jeffery, 6700 Portland Ave. Citizen. Member Local Attorney 1ublic Safety .Department Court Services Richfield Public Schools County Welfare Dept. City Manager9s Office A11 dyes - Carried. 5 - August 28, 1972 Motion by Jacobsen, seconded by Kenealey, that the appointment of youth members t® the Richfield Youth Service Bureau Board of Directors be deferred to the September 11, 1972 council meeting, All .yes - Carried. 1~,® Appointment of Acting City Manager. Motion by Luettinger, seconded by Jacobsen, that Gary Eide be appointed acting city manager. Ali ayes - Carried, l2, Setting Date for Hearing on Proposed 1973 Budget. Motion by Anderson, seconded by Jacobsen, that a public hearing on the city's 1973 proposed budget be set for Friday, September 8th, at S:OO p.m., in the city ha11 council chambers. A11 ayes ~ Carried. 13, Discussion of the 1972. Amendments to the Fair Labor Standards Act. Wm. Reischel, 7701 Upton Avenue So., spoke in opposition to the resolution relating to the 1972 amendments to the Fair Labor Standards Act. Motion by Anderson, seconded by Jacobsen, that the following resolution be adopted, ghat it be' spread in the resolution book and that it be made a part of-these minutes: RESOLUTION No, 4822 RESOLUTION R'ELA.TING TO THE 1972 AMENDMENTS TO THE FATR LABOR STANDARDS ACT Po11 of votes: Ayes - Anderson, Jacobsen, Kenealey, Luettinger and Law. Noyes - None. Absent - None, Carried, This resolution appears as Resolution No. 4822 in Resolution Book ~~31, 14, Discussion - Public Safety Study Committee. Mayor Law read various committee reports and his own report on the concept of a public safety department, _ 6 i August 28, 1972 The city manager reviewed his recommendation for the concept of a Public Safety Department. The following persons appeared and spoke in interest; ' Robert Gordon, 6937 Nicollet Avenue Kermit Randall, 6814 Oliver Avenue Donald Lea®nfl 7621 12th Avenue John Clarke, 7338 Oliver Avenue Motion by Kenealey, seconded by Anderson, to abolish the public safety concept and return to separate police, fire and civil defense departments, Poll of votes: Ayes - Anderson and Kenealey, Nayes - Jacobsen, Luettinger. and Law. Motion lost, Motion by Law, seconded by Jacobsen, that the city manager renew his efforts to recruit and select a public safety director including consideration of anj~ application submitted by current employees and that every effort be made to-make an appointment at the earliest possible date. All ayes - Carried. 15. Designation of Independent Auditor for Year Ending December 31, 1972, - Motion by Luettinger, seconded by Jacobsen, that the following resolute.®n be adopted; that it be spread in the resolution book and that it be made a part.®f these minutes: RESOLUTION No. 4$23 RESOLUTION APPROVING DESIGNATION OF AUDITOR FOR THE YEAR ENDING DECEMBER 31, 1972 Poll of votes: Ayes - Anderson, Jacobsen, Luettinger and Law. Nayes - Kenealey, Absent d None. Carried, This resolution appears as Resolution No. 4823 in Resolution Book No. 31. 16. Progress Report on CATV Study Commission. Councilman Luettinger, the council's representative to the CATV Study Commission, reported on two meetings he attended, and encouraged an early establishment of a citizens°~committee on Cap1e Television. 1 - 7 August 28, 1972 Motion by Luettinger, seconded by Anderson,- that the administration be directed to report to the council regarding committee size and responsibilities. All ayes - Carried, l7. Report from Youth Commission New Hennepin County Library Facility for Richfieldo Mayor Law read a letter fr®m the Youth Commission supporting construction ®f a new Hennepin County Library facility in the City of Richfield. Nfotion by Anderson, seconded by Jacobsen, that the council accept their repcrt with. thanks for their effort in studying this project. A11 ayes - Carried. Motion by Jacobsen, seconded by Luettinger, that the council reconsider the 1 Library Study Committee repart at a future council meeting. All ayes - Carried. Frank Riley, 6914 Portland Avenue, appeared in interest. ~.8. Estimates; Nfotion by Anderson, seconded by Jacobsen, that the following estimate be approved subject to the city administration receiving satisfaction of progress perf®~aance; rifin~zesota Valley Surfacing Company - Permanent street paving, Distr~a~ct No. l City Project No. 642, Contract No. 2116, 10% complete. Amount payable - $59,087.27. All ayes - Carried. l9. Licenses; Moti®n by Jacobsen, seconded by Anderson, that the following license be approved: Deferred: N:ew R,pbert Houck, 6339 Clinton Ave. A11 ayes - Carried. Pigeon Loft Rolf Sink, 6334 Clinton Ave., appeared and spoke in opposition. 1 - $ - Motion by Jacobsen, seconded by Luettinger, that the following licenses be approved: Regular: Renewal Frenchman°s, 1400 East 66th Street Cigarette New Chuck's Conoco, 6544 Portland Avenue 1 Vending Mac~iine Taxicab Drivers; New James Thomas, 7124 3rd Avenue So. Taxicab Driver New Orrin Nordby, 7516 Dupont Avenue Taxicab Driver A11 ayes - Carried. 20. Claims and Payrolls. August 28, 19?2 Motion by Anderson, seconded by Kenealey, that the following claims and payrolls be allowed: f~ RICHFIELD BANK & -TRUST COMPANY Checks SUMMIT STATE BANK Checks A11 ayes -.Carried. 21. Adjournment. 8353/8362 33922/35288 General 34805/35143 Payroll $125,687.81 $1-77,842.76 103,423.03 Motion by Anderson, seconded by Kenealey, that the meeting be adjourned, A11 ayes - Carried. Date Approved : Sept , 11, 1972 ~ C~ ~'~"t~-~ ~ ~ • ~'7~~~~-~ omas Mo n City Clerk e S. Mayor Manage