11-12-1974CITY OF RICHFIELD
REGULAR STING •.
November 12, 1974•
The Council of the City of Richfield met in regular session in the Council
Chambers of the City Hall on Tuesday, Novembdr ~.2, 1974 at 7000 p.m.
Rev. Rod Crocker, Wooddale Baptist Church, gave the invocation,
The meeting was called to order by Mayor Law.
Present: Anderson, Jacobsen, Kenealey, Luettinger, Law.
Absent: None
1. Minutes.
Motion by Jacobsen, seconded by Anderson, that the minutes of the regular meeting
of October 28th and the special Board of Canvass meeting of November 8, 1974 be approved
as presented,
All ayes - Carried.
Motion by Kenealey requesting agenda item 16 be moved forward. Motion lost for
lack of a second,
2. Ordinance Amendment Repealing the City's Uniform Electric Franchise Ordinance,
City attorp~ey, Clayton LeFevere, read and reviewed Bi11 No. 1974-25, "An Ordinance
Repealing Section 8.33 of the Ordinance Code of the City of Richfield which Ordinance
was Adapted 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
E1e~ctric Distribution System and Transmission Lines, Including Necessary Poles, Pole
Lines, and Fixtures and Appurtenances; for the Furnishing of Electric Energy to the
City and its Inhabitants, and others, and to use the Streets, Alleys, Public Ways
and Public Grounds of Said City for such Purposes; Prescribing Certain Terms and
Conditions Thereof, and Prescribing the Rates to be Charged Therefor°1, the same
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being on file in the office of the city clerk. (C-9583)
Motion by Anderson, seconded by Kenealey, that this hearing be closed.
A11 ayes - Carried,
Motion by Anderson, seconded by Kenealey, that this constitute a second reading
of Bi11 No. 1974-25; that it be published in the official newspaper, and that it be
made a part of these minutes,
Poll of votese Ayes - Anderson, Jacobsen, Kenealey, Luettinger, Law. Nayes - None.
Carried,
3. Proposed Amendment to Section 11.04 of the Municipal Code Regulating the
Possession or Consumption of Liquor or Non-intoxicating Malt Liquor.
Bill No. 1974-24, "An Amendment to Chapter XI, Section 11,04 of the Ordinance
Code of the City of Richfield", was read and reviewed by city attorney, Clayton
LeFevere, the same being on file in the office of the city clerk. (C-9582)
Motion by Anderson, seconded by Luettinger, that this hearing be closed,
All ayes - Carried.
Motion by Anderson, seconded by Luettinger, that this constitute a second reading
of Bi11 No. 1974-24; that it be published in the official newspaper, and that it be
made a part of these minutes.
Po11 of 4otes: Ayes - Anderson, Jacobsen, Kenealey, Luettinger, Law. Nayes - None,
Carried.
4. Ordinance Amendment Providing for Rezoning of Property at 6300 Nicollet Avenue.
Attorney LeFevere read and reviewed Bill No. 1974-20, "An Amendment to Appendix
C, Section 4 of the Ordinance Code of the City of Richfield, Minnesota", the same
being on file in-the office of the city clerk. (C-9578)
The council requested that Mr, Raymond Peach, 6600 Columbus, owner, prior to
requesting a building permit, submit a letter to the council stating he will limit
the construction to a double bungalow on the property and to further agree to have
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November 12, 1974
the property rezoned back to Residential if a double bungalow is not built.
Motion by Jacobsen, seconded by Kenealey, that the hearix~~ be closed.
Motion by Jacobsen, seconded by Kenealey, that this constitute a second
reading of Bi11 No. 1974-2®; thaf 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. Naves - None,
Carried.
5. Ordinance Amendment Regarding the Regulating of Saunas and Massage Parlorsa
Bi11 No, 1974-17, tOAn Amendment to Chapter V, Part II, Section 5x25 of the
Ordinance Code of the City of Richfield, Minnesota°`, was read and reviewed by
Mr. LeFevere, the same being on file in the office of the city clerk. (C-9574)
Motion by Anderson, seconded by Luettinger, that the hearing be closed,
Motion by Anderson, seconded by Luettinger, that this constitute a second
reading of Bi11 No. 1974-17; that it be published in the official newspaper, and
that it be made a part of these minutes.
Poll of votes: Ayes - Anderson, Jacobsen, Kenealey, Luettinger, Law. Naves - None,
Carried.
6. Transitory Ordinance Appropriating Special Revenue Funds for Park Development.
Bi11 No. 1974-23, Transitory Ordinance No. 16-26, "An Ordinance Providing for
the Expenditure of Money from the Special Revenue Fund for Park Acquisition and
Betterment°B, was read and reviewed, the same being on file in the office of the
city clerk. (C-9581)
Motion by Anderson, seconded by Jacobsen, that the hearing be closed.
Motion by Anderson, seconded by Jacobsen, that this constitute a second reading
of Bi11 No. 1974-23; that it be published in the official newspaper, and that it be
made a part of these minutes.
,;~;~~,
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Po11 of votes: Ayes - Anderson, Jacobsen, Kenealey, Luettinger, Law, Nayes - None.
Carried.
7. Ordinance Relating to the Richfield Human Rights Commission, Providing for
Investigation and Penalties for Violations.
Bill Seimens, Chairman of the Human Rights Commission, appeared and spoke in
behalf of the ordinance and answered questions from the council.
Bill No. 1974-22, "An Ordinance Relating to the Richfield Human Rights
Commission, Providing for Investigations and Penalties for Violations Thereof,
Amending Section 12.12 of the Richfield City Code", was read and reviewed, the
same being on file in the office of the city clerk. (C-9580)
Motion by Luettinger, seconded by Jacobsen, that this hearing be closed,
All ayes - Carried.
Motion by Luettinger, seconded by Jacobsen, that this constitute a second
reading of Bi11 No. 1974-22; that it be published in the official newspaper, and
that it -be made a part of these minutes,
Po11 of voteso .Ayes - Anderso n, Jacobsen, Kenealey, Luettinger, Law. Nayes - None.
Carried.
8. Ordinance Providing for Vacation of Pleasant Avenue from 65th Street to a
Point 157.70 feet south of 65th Street.
Bill No, 1974-19, Transitory Ordinance No. 16-25, "An Ordinance Providing
for the Vacation of a Portion of East Pleasant Avenue11, was read and reviewed, the
same being on file in the office of the city clerk. (C-9572)
Motion by Jacobsen, seconded by Luettinger, that this hearing be closed,
A11 ayes - Carried.
Motion by Jacobsen, seconded by Luettinger, that this constitute a second
reading of Bill No. 1974-19; that it be published in the official newspaper, and
that it be made a part of these minutes.
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November 12, 1974
Po11 of votes: Ayes - Anderson, Jacobsene Kenealey, Luettinger, Law. Nayes d None.
Carried.
9. Ordinance Providing for Vacation of 71 1/2 Street from Penn Avenue to a
Point 323.21 feet East of Upton A~'ennse®
Th.e city manager reviewed the history of the petition to vacate the street
and the actions taken at the first reading,
Mr. Nathan Gottesman, 2773 Vernon Avenues St. Louis Park, representing the
United Hebrew Brotherhood Cemetery, presented a letter (C-9555) from B'Nai Abraham-
Mikro-Tifereth Synagogue, stating their cemetery committee ~•rill try to the best of
its ability to maintain the fences and grounds in a proper manner and cooperate
with the city and make improvements where possible,
Mr. Harry Radford, superintendent of the Minneapolis Jewish Cemetery, appeared
in support of this street vacation.
Motion by Jacobsen, seconded by Luettinger, that the staff be alert to con-
ditions over the entire cemetery area and require the owners to maintain the property.
A11 ayes -Carried.
Bill No, 1974-21, Transitory Ordinance No. 1&-27, 1°An Ordinance Providing for
the Vacation of a Portion of 72 1/2 Street", was read, the same being on file in
the office of the city clerk. (C-9579)
Motion by Anderson, seconded by Kenealey, that this hearing be closed,
All ayes - Carried.
Motion by Anderson, seconded by Kenealey, that this constitute a second reading
of Bill No® 1974-219 that it be published in the official newspaper, and that it be
made a part of these minutes.
Po11 of voteso Ayes - Anderson, Jacobsen, Kenealey, L~x~ttinger, Lawn Nayes - None.
Carried,
10. Commission Appointments.
Mo~vion by Jaeobsen, seconded by Luettinger, that Miss Susan Ohnesorge9
\:
-6m November 12, 1974.
680G.:James_ Avenue South, be appointed to a three year term on theeHuman Rights
Commission, expiring May 27, 1977.
All ayes. Carriedo -
No action was taken on the Advisory Youth Commission vacations.
11, Discussion of Policy Regarding Tape Recording Proceedings of City Council
Meetings, -
Mr. LeFevere, city attorney,. reviewed the proposed procedure regarding recordings
of city council meetings -and. the use of tapes produced by such recordings,
_ It was proposed: to. charge a fee-to fully defray the cost of staff time-involved
in monitoring tape proceeding"s by the general public:, After.discussione:members of
the council decided to support the proposed procedure in this regard but asked that
cons3derat3.on .by g~.ven.to, anyone. that requested to: hear. the tapes-and were unable
to pay. -
Gordon McKinnon, 7308 Upton, .appeared and voiced his approval of a fee charge.
Councilman Luettinger questioned-the procedure to retain tapes for only-a two
year period before reusing them.
Councilman Anderson.suggested-that if: the council wished to keep a specific
tape for a'longer period of time, the coundil should advise the city clerk-of this
desire.
After. further discussion it was agreed that the two year retention period
was reasonable unless the city council directed the city clerk to retain a specific
tape for _a~longer~period cf-time.
~_z :Y _t .3ss~~ Motipn~-bynAnderson;~~secondedtliy,3aeobsen,::to-gad®p.b-~the=pr-occdure concerning
the recording of city council meetings as recommended~in Cottxtei2 ~Letter`Na~~~~17 for
.~.,~,,~; ••a zQ~re;:~ea~spe~~.oc~~and~darec~ed.~•i~ei gib~Z:~cLerk.,to~x~epo~.t•°to=~He ceu~ncf1.-3;nis months
on the amount of usage of the tapes. , `~~>-= > =sr'
Po11 of votes: Ayes - Anderson, Jacobsen, Luettin~er~~l;av~tbt~_°Nayes:==~_Keizeal~~y.
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November 12, 1974
12. Minutes and Tabulations of Bids and Award of Contracts for Catch Basins,
Surplus Items and Police Recording Equipment.
Motion by Jacobsen, seconded by Luettinger, that minutes and tabulation of
bids on the recorder/reproducer system, catch basins9 and surplus equipment be
approved9 and that the mayor and the city manager be authorized to execute the
contract documents.
A11 ayes - Carried,
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 minutesa
RESOLUTION N0. 5276
RESOLUTION DETERMINING LOWEST
RESPONSIBLE BIDDER AND AWARDING CONTRACT
FOR PURCHASE OF A RECORDER/REPRODUCER
Po11 of voteso Ayes - Anderson, Jacobsen, Kenealey, Luettinger, Law. Nayes - No~n~,e.
Carried. This resolution appears as Resolution No. 5276 in Resolution Book No. ~.
Motion by Jacobsen, seconded by Luettinger, that the only bid by Adler Steel
Products, Inc, for catch basin frames and covers in the amount of $26,398, be approved.
All ayes - Carr3~ed,
Motion by Jacobsen, seconded by Luettinger, to accept the bids for the
following surplus itemsa
Item
A-1956 Seaman Andwall Pu1vi-Mixer
B-1958 Seaman Andwall Pulvi-Mixer
D-Welco Pull Type Roller Pac A
E-Portable 1943 Water Pump
I-Air Compressor
J-1963 Waukesha Gas Engine
C-Gunnison Road-Oil Distributor
Amount Bidder
$ 35055 Kent Swanson
165.55 "
26016 "
27.25 "
29.65 "
31.50 "
301.02 James Bury & Sons
It was recommended to reJect the bids for items G and H (alerting sirems)
and F (fire pumper)
A11 ayes m Carried®
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13. Approval of Final Plans and Authorization to Advertise for bids for Storage
Building and Sign for Ice Arena,
Motion by Jacobsen, seconded by Anderson, to approve the plans for the ice
arena storage facility and sign and to authorize the city manager to call for bids
on these pro3ects.
A11 ayes - Carried.
14. Approval of Final Plans and Authorization to Advertise for Bids for Ballfield
Lighting for Taft Park and Hockey Rink Lighting for Jefferson and Madison Parks,
Harvey Feldman, parks and recreation director, presented plans for the con-
_ struction of a lighting system for two remaining softball fields at Taft Park and
the construction of a new lighting system for recreational hockey skating at Jeff-
erson and Madison Parks.
Motion by Anderson, seconded by Jacobsen, to approve the final plans and
authorize the city manager to advertise for bids for these park improvements.
A11 ayes - Carried.
Bi11 No. 1974®26, Transitory Ordinance No. 16-28, "An Ordinance Providing for
the Expenditure of Money from the Special Revenue Fund for Park Development", was
read, the same being on file in the office of the city clerk. (Cm9589)
Motion by Anderson, seconded by Jacobsen, that this constitute a first reading
of Bi11 No. 1974-2E; that it be published in the official newspaper, and that the
second reading of this ordinance amendment be scheduled for December 9, 1974.
Poll of votes: Ayes - Anderson, Jacobsen, Kenealey, Luettinger, Law. Nayes -None.
Carried.
15. Requests for Regulatory Devices at 76th Street and Sheridan Avenue and 76th
Street and 12th Avenue.
The city manager presented the results of a traffic study made at the inter-
section of 76th Street and 12th Avenue which determined the traffic volume was not
sufficient to warrant the installation of a semaphore, but did warrant a four-way
stop sign.
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November 12,.1974
Motion by Law9 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. 5277
RESOLUTION RELATING T(9 TRAFFIC CONTROL SIGNS
':'STOPtO SIGNS°'.. -: TH+ BTR~ET'~AT. Z2TH AVENUE
MAKING IIVTERSECTION A FOUR~WAY STOP
Po11 of votes: Ayes - Anderson, Jacobsen, Luettinger, Law. Hayes - Kenealey.
Carried, This resolution appears as Resolution No, 5277 in Resolution Bo®k Noe 3§~
Councilman Kenealey stated he voted °'no" because he favors traffic semaphores,
Mr. Burggraaff presented a petition (C-9587) signed by residents in the
vicinity. of 76th Street and Sheridan Avenue requesting the installation of traffic
signals, He stated the results of the traffic survey indicated the traffic volume
was not sufficient to warrant the installation of semaphores,
Motion by Anderson, seconded by Jacobsen, to direct the public works. director
_ to investigate securing larger signs to replace the four-way stop signs now in use.
All ayes -. Carried.
Motion by Anderson, seconded by Jacobsen, that the council recess at 9:55 p.m.
for a meeting of the Housing and Redevelopment Authority,
Council reconvened at 10x30 p.m.
16. Resolution Approving 1975 HRA Budget and Certifying the Tax Levy.
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 N0. 5272
A RESOLUTION APPROVING THE APPOINTMENT OF THE COMMISSIONERS OF
THE HOUSING AND REDEVELOPMENT AUTHORITY OF RICHFIELD, MINNESOTA
Poll of votes, Ayes - Anderson, Jacobsen, Kenealey, Luettinger, Law. Hayes --lone.
3~
Carried, This resolution appears as Resolution No. 5272 in Resolution Book No. ~®
~10- November 12, 1974
17. Southwest Mutual Aid Fire Agreement.
The city manager reviewed the proposed agreement and recommended that the
council approve the amendment to the agreement.
Councilman Kenealey read a letter (C-9588) regarding the mutual fire aid
agree~ent. `1'he city manager answered the questions contained in the letter.
Motion by Jacobsen, seconded by Anderson, to approve the amendment to the
agree~ent.
All ayes - Carried.
18. .Discussion of Attorney General's Opinion on "Open Meeting Law",
Motion by Anderson, seconded by Kenealey, that the council accept the opinion
and govern themselves accordingly.
All ayes - Carried.
19. Consideration of Weekly City Council Meetin s.
Mr. Kenealey°s letter (C-9590) was read in to the record. A discussion fo.llowe .
Motion by Jacobsen, seconded by Anderson, that no action be taken on the subject
at the present time,
Po11 of votes: Ayes Anderson, Jacobsen, Luettinger, Law. Nayes - Kenealey.
Carried.
20. Report on Public Affairs Leadership Management Program.
Motion by Anderson, seconded by Luettinger, that this item be deferred to
the next council meeting.
Poll of votes: Ayes - Anderson, Jacobsen, Luettinger, Law. Nayes - Kenealey. Carried.
21. Resolution Supporting Public Service Options Program.
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 thes
minutes:
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November 12,.1974
RESOLUTION N0. 5278
REBOLUTIItN SUPPORTTNG THE PUBLIC SERVICE OPTIONS CONCEPTf
Poll'of votesa Ayes - Anderson, Jacobsen, Kenealey, Luettinger, Law. Nayes - None,
~~
Carried.. This resolution appears as Resolution No® 5278 in Resolution Book No,
22. Payments and Estimates,
Motion by Jacobsen, seconded by Anderson, that the following payments be
approved:
A. Northwest Bituminous Co. Inc. Estimate ~k7, Contract No. 2171, 97%
Complete, City Project No. 657, 1974 Permanent Street Paving - $34,203,19
B, Hoffman Electric Co,, Estimate ~~7, Contract No. 2172, 69° Complete.
Gity Project No. 657, 1974 Street Lighting - $20,196.
C, Electric Repair and Construction, Estimate ~~10, and Final. Contract
No, 2117, City Project No. 642, 1972 Permanent Street Paving - $21, 940.
A11 ayes - Carried.
23. Licenses.
Motion by Anderson, seconded by Jacobsen, that the following licenses be
approvedo
Re ular
Renewal Christmas Tree Licensey Thomas J. Snow
6955 Penn Avenue
New Dairy Queen Brazier, 7533 Lyndale Avenue
New Country Club, 6528 Penn Avenue
Renewal Academy of Holy Angels, 6600 Nicollet
Renewal Louise Whitbeck School, 2400 W, 64th St,
New Left Guard Steak House, 7717 Nicollet
New 7-Eleven Stores 6944 Nicollet Avenue
A11 ayes - Carried.
Christmas Tree
Food, Soft Drink, Cig.
Cigarette
Vending Mach., Soft Dk®
Food
Comm, Incinerator
Non-Intox, Malt lqr,
Motion by Jacobsen, seconded by Kenealey, that the following licenses be
approved:
Taxicab License
New Southwest Cab, 738 Selby Ave, St, Paul Taxicab License
New Andrew Webster, 11516 W. 172 Street Taxicab _Driver
New Charles Byron Deffenbaugh, 1.3400 Cedar Ave. Taxicab Driver
New Richard W. Leroy, 11516 W. 172nd St. Taxicab Driver
New Michael Dean Jeter, 2711 16th Ave, Taxicab Driver
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Taxicab License (Continued)
New Michael E. Walsh, 4848 Pleasant Ave.
New Michael LeRoy Frank, 7405 Washburn Ave,
New Jerry Langerude, 2075 Garnet Lane, Egan
New Valerie Lantz, 7338 Garfield Ave.
New Thomas Chambers, 2544 1/2 Lyndale Ave.
All ayes - Carried,'
24. Claims and Payrolls.
November 12, 1974
Taxicab Driver
Taxicab Driver
Taxicab Driver
Taxicab Driver
Taxicab Driver
Motion by Anderson, seconded by Jacobsen, that the following claims and
payrolls be allowed:
RICHFIELD BANK & TRUST COMPANY
Checks 11784/17100 $1,158,135.44
SUMMIT STATE BANK
Checks 493/533 General $ 822,734.38
577/814 Payroll 100,306.63
1
A11 ayes - Carried.
25. Extra Item - Class Action ~~sl 6ettlement Notice on Liquor Anti-Trust Suits,
The city manager reviewed the class action and settlement notice and recommended
that it be accepted.
Motion by Jacobsen, seconded by Anderson, not to object to the proposed
settlement or withdraw from the class action,
Poll of votes; Ayes - Anderson, Jacobsen, Luettinger, Law. Nayes - None,
Abstained - Kenealey, Carried,
Councilman Kenealey stated he abstained from voting because of personal
professional involvement.
26. Adjournment.
Motion by Jacobsen, seconded by Anderson, that the meeting be adjourned,
A11 ayes - Carried, Time: 11115 p,m,
u
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Date Approvede November 25, 1974
or Lo Law Mayor
November 12,.1974
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~'l~omas Jo an City Clerk
S.
Wayne ~. ~anrggraaff Man g