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10-28-1974CT`1'S~ O1' R.ICT1~'IEL:D R:S~~ILA.R M~E~1'1.NC October 28, 194 ?~•~e Council of the city of zzichfield met in regular session in the Council Chambers of the Cit-•~ Hall on Monday, October 28, 194 a•c x.000 p.m. Councilman Lue•ttinger gave the invocation. ~`~~e meeting was called to order b~• Mayor Law, Presento Anderson, Jacobsen, Keneale~, Luettinger, Law. Absento None 1. Min~.tes . Mayor Law asked for ang~ ¢:orrections on the minutes of October 15. Mr. IZeneale3~ requested that o?x page ~., item 5 on the motion granting the special use permit for operating a transmission repair g~.rage, that the stipulation be i clar3.fied as followsa ' "No disabled. or unsightly automobiles be stored on the premises unless the;y are there for light body worY~." On page 5, item 6, i•t was reported that Sven Ol.afsson appeared in favor of the proposal an; he should have been shown as opposed to the proposal. Motion by Anderson, seconded b~ Luettinger, to approve the minutes of ®ctober 15, as amended. A1'~. ayes m Carried. Mayor Law called for approval of the October 18 special council meeting min•+~tes. Motion b~ Jacobsen, seconded by Anderson, to appr®•ve the ®ctober 18 minutes as printed. Mro Keneale~ reported that he had some corrections to the ®ctober 8 minutes which were approved on October 18. T3is corrections are as followse -2 •~ October 28, 1.9.74: , Page 2, bottom. Poll of votes on motion to adopt the unallocated budget as proposed, should read,:, Ayes - Anderson, Jacobsen, Luettinger, law Naves - Kenealey. Page 3. Motion to approve budget for Legal-Department. Poll of votes should read, Ayes - Anderson, Jacobsen, Luettinger, Law Naves - Kenealey. Page 3. Before the motion to adopt the budget resolution, insert, "Councilman Kenealey moved to renew the motion he made at the first budget meeting. of September 26, to not go through the budget line by line but to reduce the budget by 6% and refer it back to the staff for allocation of redaction. Motion lost for lack of second." All ayes - Carried. 2. Consideration-of Revised resolution Concerning the 11.00 p.m. City Council Adjournment Rule. Motion by Kenealey to move agenda items 21, 22 and 23 ahead. Motion lost for lack of a second. 'I'he council agreed to consider item 21 first. `1'he City Manager read the proposed resolution modifying the provisions of Resolution No. 4722 in the following three respects; 1. Notice of a call for adjournment must be given fifteen minutes in advance of the time when an adjournment is required. 2. All of the other members of the council present can determine to remain in session despite the call for adjournment. 3, A motion to adjourn the meeting to a later date, as well as a motion to continue in session, are given precedence over action to adjourn. Motion by Jacobsen, seconded .by Anderson, that the following resolution be adopted, with changes of 10;30 sti~stead`:of°~0;45 and half hour instead of 1 1 1 fifteen minutes be inserted in Paragraph 3; that it be spread in the Resolution ®3= October 28, 1974 Boole and that it be made a part of these minv.teso FsES~:~i~`1'ION N0. 5268 RESOL~J`TION RELA~TNG `Z}0 ADJ+~I7RNMEN?' OF COUNCIL 1~E`TTNGS Poll of vutese Ayes m Anderson, Jacobsen, Luettinger, Law. Nayes ~ TLenealey. Caa°:~•ied. `Phis resol~.tion appears as Resolution No. 5268 in Resolution Boole No. 35. 3. Cit Project No. 667A, 1975 Pav3.ng Project. '?he l~ablic Worles director reviewed the hearing on City Project No, 667A. Calvin Loos, 6809 Lyndale, asleed about the hearing procedure. Robert Ho11er, 6833 Graa~d, questioned the priority of his area being scheduled for 1977. Jo Ta, Johnson, 6845 Iiarriet, spolte in favor ®f the project. Mot~.on by Anderson, seconded by Jacobsen, that this hearing be closed. A11 ayes _ Carried. Motion by Luettinger, seconded by K.enealey9 that the following resolution be adopted; that it be spread in the Resolution Boole and that it be made a part of these minutese RESOT,U`T'TON N0. 5269 RESOLU`1'ION ORLBRTNG TMPROVEMENI AND PREPARA'TTON OF PLANS ANB SPECT.FTCA`fTONS FOR PERMANENT' PAVING, ORNA1~]ENmAL S`TREE`?' LTGl1`1'1NG AND APPUR'T`ENANCES `I'~R:E`1'O City Project No. 667A (A part of Street Tmpr®vement District No. 12~ Po11 of votes: Ayes m Anderson, Jacobsen, I~enealey, Luett~,nger, Law. Nayes m None. Carried, 7.`his resola~tion appears as Resolution No. 5269 in Resolution Boole No. 35. 4. Petition for Additional Street Paving in 1975. A petition signed by 50 e~f 90 property owners in the area north of 68th Street between East Pleasant Avenue and Lyndale requesting permanent street -4- October 28, 1974 paving and street lighting. in 1975 was received. (C-9584) Burton Miller, 6712 Pleasant, appeared and asked about the width of Pleasant Avenue. Motion by Luettinger, seconded by~ Jacobsen, that the following resolution be adoptede bhat it be spread in the Resolution Book and that it be made a part of these minutes: RESOLUTION N0. 5270 RESOLUTION ORDERING PREPARATION OF REPORT ON PERMANENT STREET SURFACING, ORNAMENTAL-STREET LIGHTS AND APPURTENANCES `THERETO CITY PROJECT N0. 667B (A part of Street Improvement District No. 12) Poll of votes: Ayes - Anderson, Jacobsen, Kenealey, Luettinger, Law. Naves - None. ~~ Carried. This resolution appears as Resolution No. 5270 in Resolution Book No. 5. P~equest for Special Use Permit: 6700 Cedar Avenue. Car and Truck Rental Agency. Off-Street Parking Contract, 6700 Cedar Avenue. `1"he applicant appeared and asked that his application for a special use permit and off-street parking contract be indefinitely deferred. Motion by Luettinger, seconded by Kenealey, to defer this application in- definitely. All ayes - Carried. 6. Request for Special Use Permit; 616 E. 78th Street to Allow for Parking for Five Trucks and Van Rental Units. Steve Anderson appeared and asked for modification of his special use permit to allow parking for five rental truck vans. Motion by Jacobsen, seconded by Luettinger, that this hearing be closed. A11 ayes - Carried. Motion by Kenealey, seconded by Jacobsen, to approve the modification of this special use permit with the following stipulations; e5® October 28, 1974 1. Only five trucks be allowed to park on the property, 2. On13% `the small type (maximum length 28 feet~r, van -truck be allowed to park on the property. ~. Present screening be maintained or improved. 40 `frocks remain at the rear of the lot when not in use. All ayes d C;arriedd 7. Request for Special_Us_e Perk Post. No. 435. Ilan~in~ TnTa11 Si~nsd to 6501 Portland Avenue, American Legion Bi11 Stone, Commander of American Legion Post No® 435, appeared to request a special use permit to provide two wall signs in a Residential District, Gordon Sanders, 6444 Portland, spoke about the proliferation of special use permits for this propert3~, but stated he had no objection to the sign on the east side of t'he building. Motion by Jacobsen, seconded by Kenealey, that this hearing be closed, 1 A11 ayes m Carried, Mot3.on by TZenealey, seconded by Luettinger, to approve the special use permit. A11 ayes m Carried, _8. Request for Zoning Variances 6721 Penn Avenue, Allow construction of two family dwelling on a lot less than 10,000 feet squared John Marshall, 6517 5th Avenue$ appeared to request a variance of the lot area requirements of a MR district to construct a double bungalows Jd Ad Maier9 6717 Fenn Avenue,. inquired about the proposal and indicated he would like a 3 fo®t retaining wall between his property and the proposed de~ velopment, Motion by Jacobsen, seconded by Luettinger, that this hearing be closed, All ayes Carried. Moti~sn by Jacobsen, seconded by Luettinger, to grant t1~e variance to the lot 'J area requirements to coa~.stroc~c a double bungalow with the stipulation tb.at the city administration make sore the adjacent property owner has an opportunity to rev:€.ew the building planed Ali ayes m Carri.edd m6m October 28.9 1974 9. Request for Rezoningo 6300 Nicollet Avenue f `om "Residential" to "M~.ltiple Residential". Zoning Variance Reg~ueste to ~.11ow~~~nstruction of a two family dwelling. on .a lot less than 10,0.00 feet square, Margaret Bryant, 6234 Nicollet9 appeared in opposition to the rezoning, Raymond Peach, 6600 Columbus9 the applicant, appeared with a petition signed by 90.,1% of the property owners in the area9 indicating approval of the rezo~.ing, V Motion by .Jacobsen, seconded by Anderson9 that this hearing be closed, All ayes _ Carried, Bi11 No. 197420, "An Amendment to Appendix C, Section 4 of the Ordinance Code of the City of Richfield9 Minnesota"9 was read and reviewed, the same being on file in the office of the city clerk. (Cm9578) Motion by Jacobsen, seconded lay Kenealey9 that this constitute the first reading. of Bill No. 1974m209 that it be published in the official newspaper9 and that the second reading of this ordinance amendment be scheduled for the council meeting of November 129 1974. Po11 of votese Ayes ~ Anderson, Jacobsene Kenealey, Luettinge~, Law, Nayes None. Carried. Motion by Jacobsen, seconded by Anderson9 that the approval of the variance, to a11ow construction of a double bungalow on a lot less than 109000 feet square, with stipulations listed below, beysubject to final•adoptioxi of the rezoning request, 1, Landscaping be provided 2. Screening be provided along the west pr®perty line 3. Access be from 63rd Street only 4. Off street parking be provided A11 ayes m Carried, e m7~ October 28, 1974 10, `transitory Ordinance requ.estin~ Street Vacationo 71 1,~2 Street frown ~nlest Line Penn Aven~.e to a Point ~2~.21 feet East of the East Line of 'Cpton Avenue. Planning Director, Dick Krier, presented the staff report and recommendation for street vacation, Bi1.1 Pull, 7127 ilpton, spo~Ce in favor of the proposal. Motion by Kenealey, seconded by Luettinger, that all future petitions presented to the city come before the council, Po11 of votes: Ayes Jacobsen, Kenealey, Luettinger, Law. Nayes Anderson. Carried, Motion by Kenealey, seconded by Luettinger, that this bearing be closed, A11 ayes v Carried. Bi11 No. 1974m21, `transitory Ordinance No. 16,27, "An Ordinance Providing for the Vacation of a Portion of 71 1~2 Street", was read, the same being. on file in the office of the city cler~e. (Cm9579- Motion by Kenealey, seconded by Luettinger, that this constitute a first reading of Bi11 No. 19740219 that it be published in the official newspaper9 and that the second reading of this ordinance amendment be scheduled for November 12, 1974. Po11 of voteso Ayes m Anderson, Jacobsen, Kenealey, Luettinger, Law. Nayes None, Carried., Motion by Kenealey, seconded by Luettinger, that sa~b3ect to the vacation becoming effective, the street be b1®cl~ed by December 31, 1974 and that the city erect "dead end" signs, All ayes m Carried, 11a Ordinance Relating to the Richfield H•e.man Rigbts Commission, providing for investigations and penalties for violations thereof, amending Section 12012 of the Richfield City Code, Bi11 No. 1974m22, "An Ordinance Relating to the Richfield 1Tuman Rights ~gm October 28,..1974 Commission, Providing for Investigations and Penalties fur ~liolations, 'T`hereof, ?,mending Section 12.12 of the Richfield Ci~cy Code", was read and reviewed, the same being on file in the office of the city clerk. (C-~9580~; Motion by Jacobsen, seconded by Kenealey, that this constitute the first reao~ing of Bi11 No, 197422, that it be published in the official newspaper, and that the second reading of this ordinance amendment be scheduled for the council meeting.of November 12, 1974. Poll of votes: Ayes - Anderson, Jacobsen, Kenealey, Luettinger, Law. Naves None. Carried. 12, Transito'x~' Ordinance AppropriAting S~iecl.al 'Revenue Funds for Park Develo ment. Bi11 No. 197423, Transitory Ordinance No.16-25, "An Ordinance Providing for the Expenditure of Money from the Special Revenue Fund for Park Acquisition and Betterment", was read, the same being on file in the .off ice of the city clerk. (C-95 Motion by Jacobsen, seconded by Luettinger, that this const~:tute the first reading of Bi11 No..1974~23, that it be published in the official newspaper, and that the second reading of this ordinance be scheduled for the council meeting of November 12, 1974. Po11 of votes: Ayes o Anderson, Jacobsen, Kenealey, l,~ettinger,-Law. Naves. None. Carried. George Tellgren, 6937 Upton, inquired about the status of the annual approm priation for unallocated park land acquisition. 13. Proposed Amendment to Section 11.04 of the Municipal Code Re ulating the Po.rchase or Consumption of Liquor or NonmIntox~csting Malt Liquor by a Minor. Bill No. 1974m24, "An Amendment to Chapter XI, Section 11,04 of the Ordinance Code of t~!e City of Richfield", was read and reviewed, the same being on file in the office of the city clerk. (C~9582) Motion by Jacobsen, seconded by Luettinger, that this constitute the first. reading of Bi11 No, 197424, that it be published in the official newspaper9 and ogo Octcsber 28~ 1974 that the second reading. of tMLis ordinance amendment be scheduled for the council meeting of November 12, 1974° Po11 of voteso Ayes Anderson, Jacobsen, K,enealey,. Lue~ttinger, Lawn Noyes m None. Carried, 14e Ordinance Amendment Repealing the Cify°s Un~;form Electric Franchise, Bi'l1 No, 1974m25, "An Ordinanc® repealing Section 8.33 of the Ordinance Code 1 of the City of Richfield, which Ordinance was adopted on July 9, 1973 and which was entitled "An Ordinance granting to Northern States Power Company, a Minnesota Corporation,. its successors and assigns, permission to construct, operate, repair, and maintain,. in the City of Richfield, Minnesota, an electric distribution system and transmission lines, including necessary poles, pole liners aaid~fixtures and appurtenances9 for the furnishing of electric energy to the city and its in> habitants, and others,. and to use the street, alley, public ways and public grounds of said city for such purposes prescr~.bing certain terms and conditions thereof,. and prescribing the rates to be charged therefor'!, was read-and reviewed, the. same being on file in the office of the city clerle, (Ca9583~ Motion by Anderson, seconded by Jacobsen, that this con~~~tute the first reading of Bill No, 197425, that it be published in the official newspaper, and that the second reading of this ordinance amendment be scheduled for the council meeting of November 12, 19740 Poll of voteso Ayes m Anderson, Jacobsen, T~enealey, Luett:~nger, Law, Noyes m Noneo Carried, Motion by Luettinger, seconded by Kenealey, that the following resolution be adopted9 that it be spread in the Resolution Boon and that it be made a part of these minuteso =lOm RBSOLUTION NOo 5271 RBSOLUTION RRSCINDI:~TG RESOLUTION NOo 504.1 OF TTY CITE COUNCIL ADOPTED JULY 9, 1973, Wf~ICIi RESOLUTION TnTAS ENTITLED "RESOLUTION AU`I130RIZING PARTICIPATION IN TBE METRO RATE AUTiiORIT~ o DIRECTING TIi~ B,"XECUTION AND UB~ LIVERY OF A JOINT P~04JERS AGREEMENT AND DES- IGNATING A RExRESENTATIVE OF T~ CITY AS T.TS MEMBER ON THE BOARD OF `°~'.dE METRO RA'd'E AUTFiORI`I`S~." October 28., .19-74• Poll of voteso Ayes Anderson, Jacobsen, Kenealey, Luettinger, Law, Nayes m None, Carried. `i`ka.is resolution appears as Resolution Noa 5271 in Resolution ~~O Book No, 3.5e 15o Purchase in Excess of $1,000a Motion by Jacobsen, seconded by Anderson, teat the co~incil approve the fol-1®w~tng foaxr purcl~aaases in e~cce.ss o.f $.1,OOA a P^~archase of ,~rcn .patches for Public Safety Department $2,296 Replacement of exterior ice arena light $18056 Purchase and installation. of fencing at Lincoln Field $3,34.5 Purchase of~trees for Augsburg Park $2,590 A11 ayes m Carried, Councilman Kenealey gave. notice that it was after 10;30 and pe was. invoking the provisions for automatic adjournment at 11s00 pomp Motion by Jacobsen, seconded by Anderson, to continue the meeting until the agenda was completed, Poll of votese Ayes Anderson, Jacobsen, Luettinger, Law, Nayes m Kenealey, Carried, 15, Authorization to Ca11 for Bids, Tpe City Manager reported the city®s current insr~rance contract expires at the end of this year and requested authorization to call for bids on a comprem pensive baxsiness package insurance policy, J 1 f '. Motion by Jacobsen, seconded by Anderson, to autporize tpe-city manager to -11- call for bids on insurance, All ayes - Carried, October 28, 197/ 17. Approval of Contracts for Architectural Service and _Site Planning .Services far Improvements at Roosevelt Park. Motion by Jacobsen, seconded by Anderson, to authorize the-Mayor and City I~~.nager to execute the agreement with Brauer and Associates for Roosevelt Park site improvements and the agreement with Richard Schwarz Associates for Roosevelt Park building improvements, All ayes •w Carried. 18, Amendment to 0'~f®Street Parking Contract, Apco Oil Corp., 7500 Lyndale Avenue, Mr, Ronald L, Nelson, district sales representative of Apco Oil Corp., has asked to amend the existing off-street parking contract at 7500 Lyigd~le by re- placing shrubbery with asphalt. Motion by Jacobsen, seconded by I~enealey, to approve the amendment to the off-street parking contract, ;~ . A11 ayes -.Carried, 19. Appointments of HRA ~G~i~~ioners, Mayor Law announced his appointment of Commissioners of the Housing and Redevelopment Authority of Richfield, Minnesota, Commissioners Term Mayor Lmren Law 1 Year Councilman A. P. Anderson 2 Years Councilman E, R, Jacobsen 3 Years Councilman G. M, Kenealey ~ Years Coa~ncilman V. Luettinger 5 Years 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 ®f these minc.tes a -12- RESOLUTION N0. 5272 October 28, X974 A RESOLUTION APPROVING THE APPOINTMENT OF THE COMMISSIONERS OF THE HOUSING-AND REDEVELOPMENT AUTHORITY OF RICHFIELD, MINNESOTA Po11 of votes: Ayes - Anderson, Jacobseni, Kenealey, Luettinger, Law. Nayes - None. Carried. `This resolution appears as Resolution No. 5272 in Resolution ~~ _ Book No.. z^-5-. 20. Approval of Auditor's Proposed A$rep~ment for Auditng Services for Year Ending. 1974. f. Motion by Anderson, seconded by Jacobsen, to approve the proposed contract ~~_ with the CPA firm, O~.son, and Clough, 7514 Oliver, for auditing services for the year ending December 31, 1974. All ayes - Carried. 21. Resolution Relating to the Participation in the Suburban Hennepin County Nursing District. Motion by Luettinger, seconded by Anderson, that the following resolution be adopted9 that it be spread in the resolution book-and that it be made a part of these minutes: RESOLUTION N0. 5273 RESOLUTION RELATING TO PARTICIPATION TN THE SUBURBAN HENNEPTN COUNTY NURSING DISTRICT Poll of votes: Ayes - Anderson9 Jacobsen,.Kenealey, Luettinger, Law. Nayes = None. Carried. This resolution appears as Resolution No. 5273 in Resolution ~~ Book No. 3°5. 22. Federal. Fair Labor Standards Act Litigation. The City Manager presented a letter from the president of the League of Minnesota Municipalities describing a lawsuit initiated by the National League of Cities to challange the constitutionality of extending the Fair Labor Standards Act to state and local governments. The National League of Cities and the Lea~9e of Minnesota Municipalities is encouraging. individual member municipalities to m13m October 28, 1974 submit additional contributions in support of this suit. Motion by Jacobsen, seconded by Anderson, to authorize an expenditure of $200 to the League of Minnesota Municipalities. A11 ayes _ Carried, 23. Park and Recreation Advisory Commission Resolution.. (deferred item) Motion by Jacobsen, seconded by Luettinger, that the following resolution be adopted that it be spread in the resolution book and that it be made a part of these minutesg RESOLUTION N0. 52'1 RESOLUTION AMENDING RESOLUTION 5100 ESTA$LISTITNG A PARK AND RECREATION ADVISORY COMMISSION Poll of voteso Ayes m Andei°~on9 Jacobsen, Kenealey, L~ettinger, Law, Nayes None. Carded, `T`his resolution appears as Resolution No, 5231 in Resolution Book No , 3-5-. 24.. Discussion of Beer and Liquor in City Parks. (deferred item) `T`he City Manager, the Park and Recreation Director, and the council dis- cussed the city policy regarding consumption of alcoholic beverages in the city parks. Motion by Jacobsen, seconded by L•uettinger, to refer the questions on legal liability regarding the policy to the city attorney and have him report back to the council. A11 ayes m Carried, 25. Community Center Report. Motion by Luettinger, seconded by Jacobsen, to receive tlZe Community Center staff report and direct the staff to study the public safety alternative as per Mr. Kenealey~s letter, All ayes m Carried, 26. Payments and Estimates. m14® October 28, 1974 Motion by Jacobsen, seconded by Luettinger, that the following payments and estimates be approvedo Ao Metro Engineering Into Est, Noo 4, Contract Noe. 2177, 84% Complete City Project No, 660, Augsburg Park site improvements m $13,395055 B, Arteka, Inc, Est, No, 2, Contract Noo 2182, 17% Complete, City Project No, 663, Swimming ~ool site improvements m $9,088,20 All ayes m Carried, 27o Licenses., Motion by Luettinger, seconded by Jacobsen, that the following licenses be approvedo Regular New Nicollet Embers, 7700 Nicollet Cigarette New Remnant King Carpet, 6416 Penn `Pemporary (60 day) ®utdoor Sign All ayes m Carriedo Motion by Jacobsen, seconded by Anderson, that the following licenses be approved, subject to the stipulation attached to the previous 13 licenses already issued to this firm, and that_a report be brought bade by the staff and the cab company on the conduit of business at the last council meeting of Januarjr, 19750 Taxicab :~-; New Southwest Cab Co,, 1009 N, Concord Sto 8 `taxicab Licenses St, Paul Poll of voteso Ayes m Anderson, Jacobsen, Kenealey, Lawa Nayes m Luettinger, Carried, 28o Claims and Payrolls, Motion by Jacobsen, seconded by Anderson,-that the following claims and payrolls be allowedo ®15~ RIG'1ZPIE"I,P BANK AND `TRUST COMPANY Checks 11771/16767 SUMMI`T' STA`I'F BANK Checks 003/492 General 53632/54212) 256/252 ) Payroll A11 ayes m Carried, 290 Discaa.ssion on Free Skating, October 28,.1974 $920,972042 $152,43039 $100,574004 Mot~r~~n by Kenealey, seconded by T,axettinger~ that free skating on `I`halrsdays be offered at the ice arena daring the-months of November and December dare to the error in Parr and Recreation brochaareo Po11 of votese Ayes m Jacobsen Kenealey, Daxettinger, Lawa Nayes Andersono Carried, 30, Change Order on Swimming 1'001 Project, .' The City Manager reported an ~nan•ticipated problem encoaPntered while eaccavating on the swimming pool projects which rega~ires removal of additie~nal fill at an estimated cost of $800, Motion by Laxettinger, seconded by Jacobsen9 to approve Change Order No, 1 to the contract with. Artekaa Inco9 an increase of $8000 All ayes m Carried, 31, Adjoaxrnmento Motion by L•a~ettinger~ seconded by Jacobsen9 that the meeting be adjo•~.rned, 9 A11 ayes ~ Carried, Timex 12040 a,m, October 29, 1974a Date Approveda 12 November 1974 I„ Law l~lay-or ~ ~~~~?~- ~`homas Je Mo n City Clerk ~• Wayn S o Baarggraa Manager