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09-24-1973CITY OF RICHFIELD REGULAR MEETING September 24, 1973 The Council of the City of Richfield met in regular session in the Council Chambers of the City Ha11 on September 24, 1973, at 7:00 P. M. In the absence of a clergyman, Mayor Law led the recitation of the Lord's Prayer. Meeting called to order by Mayor Law. Present: Anderson, Jacobsen, Kenealey, Luettinger and Law. Absen4: None. 1. Minutes. Motion by Luettinger, seconded by Jacobsen, that the minutes of the September 10, 1973 regular meeting, and the special budget meetings of September 12th, 13th, and 17th, be approved as presented, with one correc~Cion to poll of votes on Page 4, Item 4, of the regular minutes, as follows: "Motion by Jacobsen, seconded by Anderson, that the architectural agreement for construction~.of a park building. in Augsburg Park be approved, subject to not being executed until county approves the purchase agreement with the City of Richfield, Po11 of votes: Ayes - Anderson and Jacobsen. Nayes - Luettingero Absent Kenealey and Law. Carried." A11 ayes - Carried, Councilman A. P. Anderson, acting as Mayor Pro-tem, took over the meeting at Mayor Law's request, 2. Hearing on Storm Sewer Installation, City Project No. 639. Mr. Henry Halvorson, 6417 Longfellow Avenue,. spoke in opposition to this storm sewer projectY'as he felt it didn't affect h~.s property. 'Phe consulting engineer, staff, and interested citizens adjourned to the conference room to review grades of properties in this area to see whether or not certain properties benefited from this storm sewer assessment. 1~'ayor Law returned to continue the meeting. Motion by Jacobsen, seconded by Anderson, that the hearing be closed, A11 ayes - Carried. m `~' - ~ September 24, 1973 ~R. Motion by Jacobsen, seconded by Anderson, that the following resolution be adopted, with the exception of properties at 6417 and 6401 Longfellow Avenue, and that these two parcels be brought back to the council for consideration at the October 9th council •~• meeting9 that resolution be spread in the resolution book and that it be made a part of these minutes: RESOLUTION N0. 5105 RESOLUTION ADOPTING ASSESSMENT ON CITY PROJECT No. 639 Po11 of votes: Ayes - Anderson, Jacobsen, Kenealey, Luettinger and Law. Nayes - None. Absent - None. Carried.. This resolution appears as .Resolution No. 5105 in Resolution Book No. 34. 3. Hearing on Annual Street Oiling $nd Improvement Program,. City Project No. 655. Motion by Anderson, seconded by Luettinger, that the hearing be closed, A11 ayes - Carried. Motion by Anderson, seconded by Luettinger, that the following resolution be adopted, with the exception that properties at 7545 and 7541 Fremont Avenue be deleted from the assessment roll for City Project No. 655; that resolution be spread in the resolution book and that it be made a part of these minutes. RESOLUTION No. 5106 RESOLUTION ADOPTIlVG ASSESSMENT ON CITY PROJECT No. b55 Poll of votes: Ayes - Anderson, Jacobsen, Kenealey, Luettinger and Law. Nayes - None, Absent - None. Carried. This resolution appears as Resolution No. 5106 in Resolution Book No. 34. 4. Report on Assessment on 1972 Street Improvement Project and Ornamental Light Installation,• C. P. No. 642, for twelve parcels deferred from Sept. 10. 1973 meeting. George Burda, 7308 12th Avenue, appeared regarding assessment for his- apartment building at 7625 18th Avenue, and objected to having an assessment for this parcel. of land because it does not border on any street within the city grid system. Motion by Jacobsen, seconded by Luettinger, that the council accept the manager°s recommendation, in his C~una;ilZetter No. 260, paragraph No. 2, that Mr. Burda's property ~, ®~® Septexzber 24, 1973 does benefit from the permanent street improvement program and residential street lighting, therefore this parcel should be retained on -the assessment roll. All ayes _ Carried. Mr. Burd~. wished to go on record as being opposed to the policy on multiple dwelling assessments for his tenants sake, Don Houlding, 7145 _ 13th Avenue, also appeared in interest and asked questions. Jack Philbrick, 6525 12th Avenue, complained about sodding on end of his block and also thought that driveway adjustments went too far back on private property. Motion by Anderson, seconded by Kenealey, that the city continue their driveway policy but require a signed agreement from the property owner permitting eactension of a driveway adjustment beyond the property line, and that the assessments be approved, as listed in City Manager's Council Letter No. 260, Paragraph. No. 3, as follows: Duane Barnes, 7235 Bloomington Ave. So. T. S. Holland, 7005 - 18th Avenue So. Robert Selby, 7004 - 18th Avenue So. j Robert Pearson, 6924 - 12th Avenue So. Mrs. Muriel A. Hetchler, 6714 - 12th Avenue So. Po11 of votes: Ayes -Anderson, Jacobsen, Kenealey and Law. Hayes - None, Abstained - Luettinger. Carried. (Luettinger indicated he abstained from voting because he is unsatisfied r~ith his 1973 improvements and questions the benefit as far as his driveway is concerned), Don Houlding, 7145 - 13th Avenue, and Orville Ayers, 6401 Longfellow Avenue, also appeared in interest regarding the city°s driveway policy. Motion by Jacobsen, seconded by Kenealey, that the city retain their policy for 1 assessing irregular shaped lots, and that the determination of benefit on an individual case basis for the following properties has been made and i~t is hereby deemed feasible that the following assessments be made as indicated below: p T PAR.CNL NAME. ADDRPSS PROPOSED ASSRSSMST y~53~:~ 1500 M. Anderson 45314 2000 K. Morse 45314 2500 H. Weber 45314 3000 ~. Sickle 45314 3500 B. Perke A11 ayes - Carried® 7611 - 16th Ave, $1,.022040 7615 - 16th Ave. 1~®6.8.84 7620 0 16th Ave. 1,.095.94 7614 - 16th Ave. 1.,025047 7610 - 16th Ave® 1,072000 4 o Supt"e~he~ 24~: 1973 Motion by Jacobsen, seconded 'by Anderson, that the quest3,on' ®~ .as~e~~s.~:~g._ pr~p~r~y of A. Cape1, 7221 - .15th. A~renue, be deferred t® the c~.incil meeting ~ of O'ctober 9, 1973, due. to the size of the lot being in question. A11 ales - Carried. ~ ~ . ~ ~ ~ .. ~ , . :: ~1o•tion by,.,P~n•derson.; ~gecon~led by Jacobsen.,. that ~:e ~rgperty t~f Wil3.la~i' burner, 722.8• - -]:4th Avenue,, be spproared a~ proposed on, the e~sseseme~.~ ~e~el.ls. ~ •. A11 ayes ~- Carried, ~ ~ ~ ~ . 5. Report on Storm:'Sewer Assessment ~at G745 . Irving, Avenue. ~ -, :. . - Mo.t3~on by Jacobsen, seconded by Luettinger, that the counci~..adcap~,t~e assessment as.~,t agpears.on the assessment ~eo11 for property at 6745 Tr~ing.Avenue, A11 :aye~~ ~- Carried.. .: ~ . 6. • Request for Ma1t~`-Liquor License., Recl Eyes, Inc, ion E°a:s:t :66th S_t~eet,. Qn Sa:1e, Off-Sale. Beer. ~ ~ • ;.. T3auothy '~~~iut~on, -7409 15th Avenue, applicant.,,, appeared °a~.d .outlined liis plan:. of operation to the coun.c.3.1 for his. new. restaurant at ]:120 E'. 66th Sgreet, Red Eyes, Ine., and requested an On-Sale and Off-Sa1e Malt Liquor License for this establishment. Motion by Luettinger, seconded by Anderson, that this request be denied, and 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. 5107 RESOLUTION DENYING NON-INTOXICATING MALT LIQUOR LICENSE TO A RESTAURANT AT 1120 E. 6bth STREET Po11 of votes; Ayes - Anderson, Jacobsen, Kenealey, Luettinger and Law. Nayes - None. Absent - None. Carried. This resolution appears as Resolution No. 5107 in Resolution Book No. 34. The following persons spoke in opposition to the granting of this license; E. R. Kinley, Jr., 6514 12th Avenue Mrs. K. M. Smith, 6413 - 21st Avenue R. O. Lotsberg, 6529 - 11th Avenue Mr. R. J. Weir, 6521 - 12th Avenue, inquired as to who pays taffies on this property. - g 1 Mino former Crosstown Marine building, 5245 Lyndale Avenue. So, as a retail automotive supply council and requested approval of a special use permit to allow the use of the existing Est for Special t1s pair Work Garage9 ~ Permit to Operate ;town _Auto Stores 1. That the city council grant a variance at its October 9, 1973 meeting. 2. Off-Street parking contract to be completed by Crosstown Marine. (Applicant indicated that he would complete existing contract if Crosstown Marine didn't complete it). 3. Any alterations to the current off-street parking contract be approved by the city council, and that the council declares its intent at this time to grant the required variance. A11 ayes - Carried, ~' The following appeared and asked questions: ' Mrs. Michael Morrow, 5321 A1d~ich Avenue Lawrence Wozniczka, 6744 Wentworth Avenue So. 8. Consideration of Membership in Municipal League Organizations, A general discussion was held to consider the various memberships the city holds in municipal league organizations, and the following persons appeared and made a visual presentation in regard to membership in the League of Minnesota Municipalitiesa Dean Lund, Executive Director, of the League of Minnesota Municipalities, Phil Cohen, Mayor of Brooklyn Center and past®president of the League of Minnesota Mun~.cipalities. Elliott Perovich, Vice President of the Metrop®litan League of Municipalities, and former Mayor of Anoka, presented a summary of their activities, Daane Mittke, Mayor of St. Anthony, and president of Suburban League of Munici- palities (formerly the Hennepin County League), reviewed the purposes of the proposed Suburban League. Motion by Jacobsen, seconded by Anderson, that consideration of membership to the store with two stalls for installation service. September 24, 1973 Automotive Supply Store and Stuart Belkin, Vice President of Crown Auto Stores, Inc., appeared before the Motion by Anderson, seconded by Luettinger, to grant the special use permit for Crown Auto Stores, 6245 Lyndale Avenue, subject to the following stipulations; ® ~,, September 24, 1973 municipal organizations be deferred to the 1974 budget discussion which appears later on this agenda. All ayes - Carried. 9. Deferred Itemso Motion by Jacobsen, seconded by Anderson9 that the following items be deferred to the council meeting of October 9, 1973: 1. Appointments to Advisory Commissions. 2. Discussion of Verbatim Record Keeping of City C®uncil Proceedings. 3, Liquor Store Marketing Study. All ayes - Carried. 10. Approval of Purchases in Excess of $19000, Motion by 3acobsen, seconded by Anderson, that the council approve the lowest bid of Newcomb Bros. Nursery, Inc., in the amount of $4,372.50, for 100 2 inch - 2 1/2 inch Norway Maple boulevard trees. All ayes - Carried. Motion by Jacobsen, seconded by Anderson, that the council approve the purchase of three 27,500 GVW trucks (through the Hennepin County Joint Purchasing Group); the purchase of one new truck to be contingent upon the city council's final approval of the 1974 budget. (Adequate funds are available for the purchase of these vehicles in the 1973 and 1974 budget.) All ayes - Carried. Lawrence Wozniczka9 6744 Wentworth. Avenue, asked about go13.~y. 11. Resolutions Certifying Delinquent Sewer and Water Serv3.~ee~Cha.~es to the County Auditor. Motion by Anderson, seconded by Jacobsen9 that the ~oll~in~ resolution be adopted; that it be spread in the resolution book and that it be made a part of these minutesa m September 24., 1973 RESOLUTION No, 5110 RESOLUTION CERTIk'YING UNPAID SEGIER SERVICE C~-TARGES TO THE COUNTY AUDITOR TO BE COLLECTED WITH O`T'HER TAXES ON SAID PROPERTIES Po11 of voteso Ayes - Anderson, Jacobsen9 Kenealey9 Luettinger and Lava. Nayes - None. Absent - None, .Carried, This resolution appears as Resolution No. 5110 in Resolution Book No. 34. Motion by Anderson, seconded by Jacobsen9 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, 5111 RESOLUTION CERTIFYING UNPAID WATER SERVICE CHARGES TO THE COUNTY AUDITOR TO BE COLLECTED WITH OTHER TAXES ON SAID PROPERTIES Po11 of votesa Ayes - Anderson9 Jacobsen9 Kenealey9 Luettinger and Law. Nayes - None. Absent - None. Carried, 'phis resolution appears as Resolution No. 5111 in Resolution Book No, 34, 12. Resolutions for Nuisance Abatement and Weed Cutting Special Assessments, Motion by Luettinger9 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 minuteso RESOLUTION No, 5108 RESOLUTION LEVYING SPECIAL ASSESSMENT FOR WEED DESTRUCTION. Poll of votese Ayes - Anderson9 Jacobsen9 Kenealey9 Luettinger and Law, Nayes - None. Absent - None, Carried. phis resolution appears as Resolution No. 5108 in Resolution Book No. 34. Motion by Luettinger,, seconded by Jacobsen9 that the following resolution be adoptedy that it be spread in the resolution book and that it be made a part of these minutes: RESOLUTION Noo 5109 RESOLUTION LEVYING SPECIAL ASSESST~NT FOR NUISANCE ABATEMENT Poll of votes; Ayes - Anderson9 Jacobsen9 Kenealey9 Luettinger and Law, Nayes - None. Absent - None, 'Carried® This resolution appears as Resolution No. 5109 in Resolution Book No, 34. - 8 _ September 24, 1973 13. Designation of Auditor for Year Ending December 31, 1973. 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 minuteso RESOLUTION No. 5112 RESOLUTION APPROVING DESIGNATION OF AUDITOR FOR THE YEAR ENDING DECF,MBER 31, 1973 Po11 of votese Ayes a Anderson, Jacobsen, Kenealey, Luettinger and Law. N`~yes - None. Absent - None. Carried, 'phis resolution appears as Resolution No, 5112 in Resolution Book No. 34. 14. Discussion of Property at 6805 - 14th Avenue. A general discussion was held regarding the dilapidated building at Fi805 - 14th Avenue. Paul Seyer, 1409 E. 68th Street, requested the council to resolve this problem before winter, The city attorney reported on the status of the present situation and the staff agreed to keep the council informed as to the progress in the removal of the structure. 15. Payments and Estimates. Motion by Anderson, seconded by Jacobsen, that the following payments and estimates be allowedo A. Minnesota Va11ey Surfacing Co., pexxnanent paving9 District ~~2, Project No, 650, Contract ~~2136, Report ~~4, 89.7% complete, Amount payable m $237,551.11. Po11 of votesa Ayes - Anderson, Jacobsen, Kenealey and La}~. Nayes - Luettinger. Absent - None. Carried. (Councilman Luettinger qualified his "no" vote because of his dissatisfaction with the grade of his driveway). B. Alexander Construction Co°, permanent paving, District ~~14, Project No. 650, Contract ~k2141, Report ~~5, 76..8% complete. Amount payable - $149,940.85° - __ C. Egan McKay E1ec~.rical Contractors, Inc., ornamental lighting, Districts ~~2, ~~4, and ~~14, Pro jebt No. 650, Contract ~~2130, Report ~~3, 69% complete. Amount payable - $64,978.20. e ~ September 24, 1973 D. Northwest Bituminous Co. Tnc., Report ~~1, of Change Order ~~2, Contract ~~2137, Project ~k615, perananent paving, 76th Street, Xerxes Avenue to Sheridan Avenue, 56p8% complete. Amount payable $38,818.00. A11 ayes o Garried. 16. Licenses: Motion by Kenealey, seconded by Jacobsen, that the following licenses be approved: Fee Waived: Renewal Church of St. Peter, 6730 Nicollet Avenue Bingo, On®Sa1e Beer Re ular° New Mr. & Mrs. Robert Hayden, 7529 Aldrich Avenue Residential Kennel New Sambo°s, 6344 PEnn Avenue Soft Drinlt New Roith°s Pharanacy, 7144 Chicago Avenue Food New Morrow Auto Specialty, Inc,, 6445 Cedar Avenue Cig., Food Renewal John's Conoco Service, 6944 Nicollet Avenue Soft Drink Taxicab Driers: New James Russe1t,15815 Hi11 Road, Wayzata 2437 Colfax Avenue id h S Di Taxicab driver Taxicab driver New , m ane c New Nancy Gilbertson, 30 7th Avenue North, Hopkins Taxicab driver New Friedrich Reeker, 4715 Bryant Avenue, Mp1s. Taxicab driver New David Fursetzer, 2610 Vernon Avenue So, Taxicab driv..er New Sharon Jane 0°Rourke, 3115 2nd Avenue Taxicab driver A11 ayes o Carried. 17. Claims and Payrolls. Motion by Anderson, seconded by.Luettinger, that the following Claims and Payrolls be approved: RICHFIELD BANK & TRUST COMPANY Checks 11668/12152 $800,386,39 SUMMIT STATE BANK Checks 44756/44787 General $318,495.77 45100/45340 Payroll 91,571.23 A11 ayes m Garried. .. lv .< 18a 1974 Bud~_Discussionm ` The following citizens appeared and spoke in interest: Marvin I'verson9 6501 ~- 17th Avenue Lawrence 'GIo zniczka s 6744 Wentcaorth Avenue Mrso Ko Mo Smith9 6413 b 21st Avenue Don'Houlding, 714.5 - 13th Avenue Septe:x-iber 24, 1973 Motion by Kenealey that the budget be giveaa. back to the staff for revision with police and fire at full strength but with. budget increase of no more than 6% overall. Mahon lost for lack of a secondo Motion by Jacobsen, seconded by Anderson, to adopt the budget as revised so fare 1 Poll of votes: Ayes -~ Anderson and Jacobseno Noyes ~ Kenealey, Luettxnger and Law, Absent w Nonea Motion lost, Motion by Anderson, seconded by Jacobsen9 that the meeting be adjourned and that a special budget meeting be held an Thursday, September 27, 1973, Pall of votes: Ayes m Anderson and Jacobsen, Nayes ~ Kenealey, L'•uettinger and Law. Absent m None, Motion losto Mat3.on by Luettinger~ seconded by Anderson, that the budget discussion be continued to Monday, October 1, 1973 at 7000 PaM. All ayes ~ Carried, 19 a Add ourninent, Motion by Anderson, seconded by Jacobsen9 that this meeting be ad~ournEd, A11. ayes m Carriedo `T'ame: 12:35 A,M® ~~J Date Approve ~ October 9, 1973 '~~i1~- ~% ~ ' ~1--- `~`homas Ja Mo n City Clerk /\//~~/yn/~ 4 _ -` • .oxen Lo Law Mayor ary Ea d Acting City Manager