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09-09-1974CITY OF RICHFIELD REGULAR MEETING September 9, 1974 The Council of the City of Richfield met in regular session in the Council Chambers .of the City Hall on Monday, September 9, 1974, at 7:00 p.m. Rev. Charles T. Jones, a member of the Senior Citizens Commission, gave the invocation. The meeting was called to order.by Mayor Law. Present: Jacobsen, Luettinger, Anderson, Kenealey, Law Absent: None 1, Minutes. Motion by Luettinger,•seconded by Jacobsen, that the minutes of the August 26, 1974 meeting be approved as presented, A11 ayes - Carried. 2. Request for Special Use Permit for Burger King Restaurant, 140 East 78th Street, John Cairns, 1469 Northwest Bank, Minneapolis, attorney for Burger King, appeared at the continued hearing for special use permit, No persons appeared in opposition. Motion by Kenealey, seconded by Jacobsen, to close the hearing. Q,11 ayes - Carried. Motion by Kenealey, seconded by Jacobsen, to grant the special use permit with stipulations as follows: 1. Final building plans to be approved by the department of public works, 2. Landscape and lighting plans to be approved by city staff® Adequate screening and landscaping to avoid nuisances to the adjoining property, 3. Secure necessary permits. 4. The Second Avenue ingress and egress approach be made to conform with the special conditions listed in the special use permit. Mr, David Truesdell, Burger King, Bloomington, appeared and indicated approval of the stipulationso motion by Kenealey, 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 the minutes: -2- RESOLUTION N0. 5232 September 9, 1974 RESOLUTION APPROVING LAYOUT AND CONTRACT FOR OFF-STREET PARKING IN ACCORDANCE WITH APPLICATION N0. 74-7, CONTRACT N0. 2181 Burger King Corporation P. 0. fox 783 B:'iscayne Annex, Miami Location: 140 East 78th Street Use: Burger King Restaurant Clerk's File No. Cm9549 Poll of votes: Ayes - Jacobsen, Kenealey, Luettinger, Law. Nayes - Anderson. Car~°~.~d® This resolution appears as Resolution No. 5232 in Resolution Book No. 35. '3. Hea_rfng Regarding the Establishment of a Housing and Redevelopment Authority in the City :~f Richfield. Riclx~ea:d Krier, City Planner, spoke about the plans that are available with the HRA, which are,. the Low Income Programs Section 23 Leasing, Direct Public Housing CDA program, and the Minnesota Housing Finance Agency, Sectioti.23. A number of interested citizens appeared to state their views on the HRA. Councilman Kenealey preser:r:.=d the following documents which he wished to be made a part of this report: "Building Our Community°°, reference material from the Minnesota Housing Institute, the planning briefs from the Metropolitan Council for subsidized housing,. Activity Report from the Metropolitan Council, Housing and Planning Program, from the Metropolitan Council, Housing Report dated 2/74, from the Metropolitan Council, "Development Framework Data Report", January 1974, from the Metropolitan Council, "Metro Development Report", dated September 14, 1974, Discussion and Statement on Implementation of May 29, 1974, "Municipal Housing Profile", dated June, 1974 aa~~i "Housing Hand Book", dated June 19, 1974. (C-9552 - C~9561) Felton Jenkins, 6221 Morgan, Chairman of Sen~.or Citizens Commission, reported on 160 telephone calls he received expressing concern over the cost of living on fixed incomes. He stated that even though an HRA could b~ ~sartially supported through a one mill tax levy, it would still be cheaper than suppo~;~ing these people on welfare. Bill Siemens, 2904 W. 71st, chairman of Richfield Human Rights Commission, read a letter from the Human Rights Commission, expressing the need for housing for senior citizens. (-9562) -3- September 9, 1974 Rev. Charles T. Jones, Wooddale Baptist Church, spoke in favor of an HRA and talked about the many different types of Richfield residents he works with and the indication of need among all of them. Betty Gutmann, 6825 Morgan, president of the Richfield League of Women Voters, spoke in favor of the HRA and reported on the need for such in Richfield, expressed through their survey of senior citizens. Connie Hoverson, 7408 - 13th Avenue, and a member of the League of Women Voters, presented statistical findings of the League's survey which demonstrated the need for ars r~.RA. Lois Bendickson, 7217 Chicago, a handicapped person, spoke in favor of estab- lishing an HRA and detailed her needs through a letter to the council (C-9546) and also spoke of the needs for other handicapped persons. Lawrence Wozniczka, 6744 G~;~~atworth, spoke in favor of finding the most economic way of providing assistance to t?~e aged and handicapped. Gertrude Ulrich., 7601 A1dr3.ch, reported on the needs of senior citizens expressed when she was caucusing and she expressed the need for commerical redevelopment, par- titularly in the area of 76th and Lyndale. Earl Ma.ffett, assistant treasurer of the AARP, American Association of Retired Persons, stated more information was needed before this program was finalized. Camillo DeSantis, 6508 Newton, spoke in favor of establishing an HRA and demonstrated the need by addressing the following factors; economic need of the citi?e~ns translated into housing needs, an aging community including its physical structures, the human service need and the need for prevention of e~eterioration. He also encouraged the council to find a way to do it rather than dela~cr. Simon Frank, 631 E. 77th Street, a disabled r~-siden~, spoke of-his individual need and that of his wife, who is also disabled. He spoke in favor of establishing an HRA. -4- September 9, 1974 Don Houlding, 7145 - 13th Avenue, inquired about local control over HRA projects when using the Metropolitan Council as your housing and redevelopment authority. He also inquired about the use of a one mill tax levy for funning such an authority. Barbara Belk,-6528 Logan, reported that she is a volunteer worker with the community line information referral service and that many of the calls from Richfield they are unable to handle because there is no solution to the problem for these people and that she ds aware through her work that there is a definite need for people of Richfield to have HRA. Dorothy Chellsen, 6844 - 18th, spoke in favor of establishing an HRA. It was agreed that the city clerk should enter into the record the League of Women Voters survey, "An Examination of the Housing Needs of Richfield's Senior Citizens" (C-9548). The staff presented the document, "Housing Data Report-In Support of Establishment of HRA", (C-9546). Motion by Anderson, seconded by Jacobsen, to close the hearing and to receive the reports presented during the hearing. Councilman Kenealey indicated an objectd:un`:to receiving the staff report at this time because he was not allowed to ask questions on it. Po11 of votes. Ayes - Anderson, Jacobsen. Nayes - Kenealey, Luettinger, Law. Failed. Motion by Law, seconded by Luettinger, to continue the hearing to the next council meeting, to submit the proposal to the Planning Commission and the Chamber of Commerce; to invite a representative from Austin to present their public-information slide presentation on how the Housing and Redevelopment Authority works for the city of.Aust3n, and to vote on the resolution at the next meeting. Poll of votes: Ayes - Kenealey, Luettinger, Law. Nayes - Jacobsen, Anderson. Carried. Councilman Kenealey requested that the City Manager's letter No. 212, the staff report on Housing and Redevelopment Authority presented in June and September be included with the information submitted to the Chamber of Commerce and the planning commission. -5- September 9, 1974 4. Ordinance Regarding the Practice of Massage and the Regulation of Saunas, Bi11 No. 1974-12, "An Amendment of Chapter V, Part II 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-9541) . Motion by Jacobsen, seconded by Luettinger, that this constitute a second reading of Bill No. 1974-12; that it be published in the official newspaper, and that it be made a part of these minutes. Po11 of votes: Ayes - Anderson, Jacobsen, Kenealey, Luettinger, Law. Nayes - None. Carried. Bill No. 1974-14, "An Amendment to Chapter V, Part II, Section 5.25 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-9542). Motion by Jacobsen, seconded by Luettinger, that this constitute a second reading of Bi11 No. 1974-14; that it be published in the official newspaper, and that it be made a part of these minutes. Po11 of votes: Ayes - Anderson, Jacobsen, Kenealey, Luettinger, Law. Nayes - None. Carried. 5. Personnel Ordinance Amending Veteran's Day Holiday.. Bi11 No. 1974-13, "An Amendment to Chapter II, Section 2,34 of the Ordinance Code of the City of Richfield ", was read, the same being on file in the office of the City Clerk. (C-9543). Motion by Luettinger, seconded by Jacobsen, that this constitute a second reading of Bi11 No. 1974-13; that it be published in the official newspaper, and that it be made a part of these minutes, Po11 of votes: Ayes - Anderson, Jacobsen, Kenealey, Luettinger, Law. Nayes - None. Carried. -6- September 9, 1974 6. Ordinance Amendment Regulating the Parking of Heavy Trucks on City Streets. Bill No. 1974-15, "An Amendment to Chapter III, Section 3.38, Subdivisions 2 and 3 of the Ordinance Code of the City of Richfield", was read, the same being on file in the office of the City Clerk. (C-9550). Motion by Luettinger, seconded by Kenealey, that this constitute a first reading of Bill No. 1974-15; that it be published in the official newspaper, and that the second reading of this ordinance amendment be scheduled for September 23, 1974. Poll of votest Ayes - Anderson, Jacobsen, Kenealey, Luettinger, Law. Nayes - None. Carried. 7. Letter from Richfield Jaycee's Offering to Construct and Donate to the City a Band Shell at Augsburg Park. David Sims, acting pro3ect chairman, presented a request from the Jaycees to erect a band stand in Augsburg Park in the summer of 1975 and donate it to the city. Also appearing representing the Richfield Jaycees were Senica Seaman and Carlton Moore, instructors and architects, and Robert Meaden, a Richfield graduate and student of Northwest Technical Institute. Motion by Luettinger, seconded by Anderson, that the council accept the donation on behalf of the citizens of Richfield with a commendation to the Jaycees for their generosity. 8. Ordinance Increasing the Number of Taxicab Licenses to be Issued in the City of Richfield, Bi11 No. 1974-16, "An Atmendment to Chapter VI, Section 6.20, subdivision 12, of the Ordinance Code of the City of Richfield", was read and reviewed, the same being on file in the office of the City Clerk. (C-9551). Motion by Jacgbsen, seconded by Anderson, that this constitute the first reading of Bill No, 1974-16, that it be published in the official newspaper, and that the second reading of this ordinance be scheduled for the council meeting_of September 23, 1974. Councilman Luettinger indicated he could not vote "yes" on this ordinance while -7- September 9, 1974 the probationary period of Sothwest Cab's license is still in effect. 9. Request for Stop Signs at 67th Street and Chicago Avenue. The.city-,manager,p.~es eiited~...res~l~s~of'-a study°°andra recommendation for the installation of ~-i~ay~;}Stogy"regulating signs at this intersection. Mrs. Joan Anderson, 6715 Chicago, spoke in favor of erecting the "Stop" sign. Motion by Andejrson, seconded by Jacobsen, that the following resolution be adopted; that it be spread in the Resolutigt~._ Book and that it be made a part of these minubas: R37SOL' UTION N0. 5233 RESOLUTION RELATING TO TRAFFIC CONTROL SIGNS "STOP" SIGNS ON 67TH STREET AND CHICAGO AVENUE MAKING INTERSECTION A FOUR-WAY STOP Poll of votes: Ayes - Anderson, Jacobsen, Kenealey, Luettinger, Law. Nayes - None. Carried. This resolution appears as Resolution No. 5233 in Resolution Bod$ No. 35. 10. Request for Stop Signs at 64th Street and Vincent Avenue. The city manager presented results of a study and a recommendation for "Stop" signs at this intersection. Motion by Jacobsen, seconded by Luettinger, that the following ~tesol~utiori be adopted; that it be spread in the Resolution Book and that it be made a part of these minutes: RESOLUTION N0. 5234 RESOLUTIONS RELATIlVG TO TRAFFIC CONTROL SIGNS "STOP" SIGNS ON 64TH STREET AT VINCENT AVENUE STOPPING 64TH STREET TRAFFIC AT VINCENT AVENUE Poll of votes: Ayes - Anderson, Jacobsen, Kenealey, Luettinger, Law. Nayes - None. Carried. This resolution appears as Resolution No. 5234 in Resolution Book No. 35. 1 -8- September 9, 1974 11. Request for Stop Signs at 65th Street and 19th Avenue, Bob DeBet.tignies, 6505 - 19th Avenue, presented a petition requesting 4-way "Stop" signs be installed at the intersection of 65th Street and 19th Avenue Motion by .Jacobsen, seconded by Luettinger, that the council receive the petition and refer it to the city manager for the appropriate staff studies and a subsequent recommendation. All ayes - Carried. 12. Report on Questions Raised at Assessment HeAring for 1973 Street Improvements. The city manager presented a report on assessment questions raised at the 1973 street assessment hearing. Motion by Anderson, seconded by Luettinger, that credit be allowed to the following residents who are paying or who have paid an oiling assessment within three years of the permanent street assessments Name Reduction N. L. Mecay, 6700 13th Avenue South $29.00 J. E. Femrite, 6701 13th Avenue South 22.80 K. Nimerfro, 6706 13th Avenue South 22.80 Neil Peterson, 6708 13th Avenue South 30.00 Linus Anderson, 6711 13th Avenue South 22.80 Roy Overdahl, 6713 13th Avenue South 22.80 N. Wnek, 6714 13th Avenue South 30.00 P. Hauer,. 6720 13th Avenue South 30,00 Louis C. Krum¢ne1, 6721 13th Avenue South 22.80 Robert Pfromer, 6725 13th Avenue South 22.80 Charles Knox, 6726 13th Avenue South 30.00 Wi~.liam Breth, 6729 13th Avenue South 22.80 Robert Soderberg, 6731 13th Avenue Sgv.th 22..80 Gene E. Resler, 6732 13th Avenue South 30.00 Franklin Duffy, 6738 13th Avenue South 30.00 R. L. Swanson, 6739 13th Avenue South 22.80 Olivia Swanson, 6744 13th Avenue South 29.00 Harold Roed, 6745 13th Avenue South 22.80 A11 ayes - Carried. Motion by Anderson, seconded by Jacobsen, that a credit of X35.78 be granted to f Robert Longley, 7027 - 14th Avenue for driveway work that he had paid for privately. All ayes '~ Carried. -9 - September 9, 1974 -- Motion by Anderson, seconded by Luettinger, that the assessment for Arthur Mahlberg, 6417 Standish Avenue, be adjusted~to $1,459.66 due to the fact that the original calculation was based on front and back lot footage and it should have been calculated on the front footage only. A11 ayes -Carried. Motion by Anderson, seconded by Luettinger, that the assessment for Tom Slater, 6428 - 23rd Avenue, be reduced by $680.. due to the fact that the project was only constructed across a portion of h,is property because it is on a dead end street. All ayes - Carried, Motion by Anderson, seconded by Jacobsen, that two reductions in assessments be allowed for driveway repairs to Don Ruasch, 6745 - 14th Avenue, in the amount of $81.89, and, to Farley Hanson, 6801 - 14th Avenue, in the amount of $11.13 due to the fact that this represents replacement work required because of damages done on initial driveway removal. All ayes - Carried. The council considered irregular shaped lots o~i an individual basis. Motion by Law, seconded by Luettinger, to adjust the assessment on the irregularly shaped lot at 7004 - 18th Avenue, because of unique situations, by a credit of $163.20 and a separate adjustment on an irregularly shaped lot at 7000 - 18th Avenue by •a credit of $81.60. Po11 of votes: Ayes - Jacobsen, Kenealey, Luettinger, Law, Nayes - Anderson. Carried. It was agreed to consider discussion on driveway policy at the next regular meeting. Motion by Anderson, seconded by Kenealey, to deny the request for credit for prior grading assessments in accordance with the assessment policy. All ayes - Carried, -10- September 9, 1974 Motion by Anderson, seconded by Luettinger, to adopt the assessments against the above properties as adjusted. A11 ayes - Carried. 13. Report on Sod Work for 1973 Street Improvement Project. Sam Houston, consulting engineer, reported on his firm's soil testing of 1973 sodding. Mrs. Richard Clay, 7301 - 10th Avenue, complained about the amount of weeds in her sod and the grading done by the contractor. Motion by Jacobsen, seconded by Kenealey, to authorize funds not to exceed $5,000, from the 1973 project, to repair sod where a visible effort has been made to maintain it. A11 ayes - Carried. 14. Resolution Ordering Preliminary Engineering Report for Additional Paving for 1975. 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: RESOLUTION N0. 5237 RESOLUTION ORDERING PREPARATION OF REPORT ON PERMANENT STREET SURFACING, ORNAMENTAL STREET LIGHTS AND APPURTENANCES THERETO CITY PROJECT N0. 667A (Portion of Area No. 12) Poll of votes: Anderson, Jacobsen, Kenealey, Luettinger, Law. Nayes - None. Carried. This resolution appears as Resolution No. 5237 in Resolution Book No. 35. 15. Amendment to Off-Street Parking Contract, Richfield Court Apartments, 1300-1324 East 78th Street. Motion by Jacobsen, seconded by Kenealey, to continue discussion of this off- street parking amendment until the council meeting of September 13, 1974. A11 ayes - Carried. -11- September 9, 1974 16. Re uest for Extension of Special Use Permit for Bourbon and Basis Restaurant. Motion by Anderson, seconded by Jacobsen, to defer this item until the next council meeting of September 23, 1974. A11 ayes - Carried. 17. Minutes and Tabulations and Awarding Contract for Swimming Pool Site Improvements. ti Motion by Jacobsen, secon ed by Anderson, to approve the bid. minutes and to award the base bid to Arteka, Inc. in the sum of $56,131.80 and to defer the decision on awarding the bid alternates until the next meeting of the city council. A11 ayes - Carried. 18. Commission Appointments. Motion~by Law, seconded by Jacobsen, that this item be deferred to the next council meeting of September 23, 1974. A11 ayes - Carried, 19. Resolution Naming Judges and Polling Places for October 8 Primary Election. Motion by Kenealey, 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 N0. 5235 RESOLUTION PROVIDING FOR POLLING PLACES AND DESIGNATING JUDGES FOR CITY PRIMARY ELECTION Po11 of votes: Ayes - Anderson, Jacobsen, Kenealey, Luettinger, Law. Hayes - None. Carried. This resolution appears as Resolution No. 5235 in Resolution Book No. 35:'' 20. Amendment to Resolution Establishing Park and Recreation Advisory Commission. Motion by Kenealey, seconded by Jacobsen, to defer this item until the next meeting. of the council on September 23, 1974. All ayes - Carried. 21. Amendment to Southwest Mutual Fire Aid Agreement. Motion by Kenealey, seconded by Luettinger, to defer this item until the council meeting of September 23, 1974. -12- September 9, 1974 All ayes - Carried. 22. Receipt of Proposed 1975 Operating Budget, Motion by Anderson, seconded by Jacobsen, to receive the document and set hearings on the 1975 budget for Wednesday, September 18,.1974, Thursday, September 26, 1975 and Thursday, October 3, 1974. All ayes - Carried. 23. Resolution Enacting Reenactment of Federal Revenue Sharing. 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 N0. 5236 RESOLUTION TO ENDORSE REENACTMENT OF FEDERAL GENERAL REVENUE SHARING Poll of votes: Anderson, Kenealey, Jacobsen,. Luettinger, Law, Nayes - None. Carried. This resolution appears as Resolution No. 5236. in Resolution Book No, 35. 24. TWO Change Orders for Augsburg Park, Metro Engineering. Two change orders for the Augsburg Park project decreasing the contract for Metro Engineering, Inc. in the amount of $680 were presented. The first change order is for a decrease of $800 to eliminate the cost for the concrete driveway apron to the twelve car parking lot on 72nd street. The second change order increases the project by $120 for the removal and reinstallation of three tennis court ate guards. Motion by Anderson, seconded by Jacobsen, to approve these changes orders. All ayes - Carried, 2.5. Payments and Estimates, Motion by Anderson, seconded by Kenealey, that the following payments and estimates be approved: -13- City Project No. 650 Minnesota Valley Surfacing Co.., Contract No. 2136 Northwest Bituminous Co., Inc., Contract No, 2137 Arcon construction Co., Inc., Contract No. 2140 Alexan er Construction Co., Inca, Contract No. 2141 Northwest Bituminous, Inc.., City Est. No. 5, City Project No. 657, Contract No. 2171, Permanent Paving,. Districts Nos. 6 and 13, 87% Complete A11 ayes - Carried. 26. Licenses. Motion by Jacobsen, seconded by Luettinger, that the following licenses be approved: Regular• Renewal• Suburban Sign Co., Sign Erector 6818 W. Lake Street Taxicab Licenses; New Denial Jerome Johnson, 4043 Pillsbury Avenue New Thomas Zigmund Zdon, 1619 California St. N.E. New Charles Timothy Croxen, 7320 Gallagher Drive New Steven M. Dosch, 4449 46th Avenue New Gordon Ka1as, 3411 42nd Avenue New ._ ., '~~mathy:":Jan Hanson, 14709 W. Burnsville New Kevin George Lavender, 6216 Parnell Avenue New James B. McLaughlin, 812 W. 35th Street New Richard Frances Hamper, 419 10th Street New Terry Wiihn, 4013 Snelling Avenue South New John Dascalds, 1208 University Avenue All ayes - Carried. 27. Claims and Payrolls. Motion by Anderson, seconded by Luettinger, that the following claims and September 9, 1974 $ 4,690.00 15,312.40 3,.266.80 10,659.00 405,474.28 Sign Erector Taxicab Driver Taxicab Driver Taxicab Driver Taxicab Driver Taxicab Driver Taxicab Driver Taxicab Driver Taxicab Driver Taxicab Driver Taxicab Driver Taxicab Driver payrolls be allowed: RICHFIELD BANK & TRUST COMPANY Checks 11749/15999 $799,744.53 SUMMIT STATE BANK Cheeks 53588/53653 General, 52853/53950 Payroll 157,051.41 107.,483.25 A11 ayes - Carried. 1 -14- 28. Fuel Administrator, (NOT ON AGENDA) September 9, 1974 Motion by Kenealey, seconded by Luettinger, that the appointment of the city manager as 1oca1 fuel administrator be reaffirmed. All .yes - Carried. 29. Adjournment._ Motion by Anderson, seconded by Jacobsen, that the meeting be adjourned. 1 i A~.1 ayes - Carried. Time: 11:45 p.m. Date Approved: September 23, 1974 ~~~~~ or n Lo Law Mayor i ~ -~z6v~ ' D~~h- 7."homas J. 1K an City Clerk ,~ ~~/ r~ Way a S. 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