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12-09-1974CITY OF RICHFIELD REGULAR MEETING '"December 9, 1974 The Council of the City of Richfield met in regular session in the Council Chambers of the City Ha11 on Monday, December 9, 1974 at 7.:00 p.m. Rev. John Franklin, Richfield Church of C~.ri+~~, gave the ~iavcs~ati8n,~ .. 'the meeting was called to order by Mayor Law. Present: Jacobsen,.Kenealey, Luettinger, Law. Absent: Anderson (arrived at 7:05 p.m.) 1, Minutes. Motion by Luettinger, seconded by Jacobsen; that the minutes of the November 25, 1974 meeting be approved as printed. All ayes Carried. Absent: Anderson. 2. Renewal of On~Sale Li uor License, Heidelberg Dining Lounge, Inc. The city manager reviewed the staff report on the Heidelberg's application for license renewal and recommended license be granted subject to certain stipulations. Councilman Anderson arrived at 7:05 p.m. Merlin Dahl, attorney for the applicant, appeared, Jerome C. Dayton, President of Heidelberg, 6701 Washburn, answered questions of the council. J. P. Bolger, 10432 Ewing Road, Bloomington., vice president and director of real-estate for Naegele Outdoor Advertising, appeared and indicated the interest by~his f.irna in retaining their lease for a large billboard sign on the roof of the restaurant. However, in ~t~sw~_to a question from the city attorney, Mr. Bolger stated that his firm could and would remove the sign by the end of December if requested to do so by the Heidelberg Restauranto Motion by Jacobsen, seconded by Luettinger, that this hearing be closed. All ayes _ Carried. Motion by Luettinger, seconded by Anderson, to approve the renewal of the on-sale and Sunday liquor license. subject to the following stipulations: m2- December 9, 1974 1, The billboard advertising to be removed by December 31, 1974. ~. The off-street parking requirements to be completed during the 1975 construction season, except that work in the area of Hennepin County traffic semaphore system construction, need not be completed until after the county construction is completed, 3. The roof line on the west end of the building be completed as planned. 4. Defer action on improvement of the north side of the building for one year and consider the item at next year`s renewal application, A11 ayes Carried. 3. Renewal of On-Sale Liquor License, Left. Guard Restaurants Inc. The city manager reviewed the staff report on the Left Guard's application for liquor license renewal" and recommended that the application be granted subject to certain stipulations. Richard Smith, 7605 Bloomington, the new manager of the restaurant, appeared and answered questions of the council, Motion by Kenealey, seconded by Luettinger, that this hearing be closed. All ayes - Carried. Motion by Kenealey, seconded by Luettinger, to approve the renewal of the on-sale liquor license subject to the following stipulations listed in Council better No, 333. 1, Improvements required by the current or amended version of the off-street parking contract be completed by June 30, 1975. If not complete by that date, the city will advise the bonding company that the Left Guard, Inc. has failed to perform in ac- cordance with the bond and request improvements be made by the bonding company, 2, The applicant immediately rectify the health code violations as specified by the environmental health director. A11 ayes - Carried. " m3m December 98 1974 4a Re nest for Public Garage Special Use Permit, Handi-Vance Into 6958 Cedar Avenue, Richard Rriere city panning directors read the letter mailed to residents of the adjacent property regarding this hearingo Robert Carrs 6527 17th Avenues applicants appeared and withdrew special use permit request for trailer parking and. rental, Motion by Jacobsene seconded by Luettingere that this hearing be closed, All ayes. Motion by Jacobsene seconded by Kenealeys to approve the special use permit for a public garage with the stipulation that no major body work or painting be allowed, A11 ayes m Carried, 5e Request for Special Use Permit to Install Sign at New Hennepin County Library Buildings City planning directors Richard Krier, reviewed the application for installation of a sign on the grounds of the Richfield Library by the Hennepin County Library System. It was pointed out that section 3°368 subdivision 1 of the municipal code indicates outdoor advertising signs in residential districts should not exceed 10 square feet in area and this proposed sign comprises a total of 240 square feete thereforee the planning commission°~ecommended that this request be denied, Gary Bethkee rep"resenting the Hennepin County Librarys reviewed the county's philosophy of having uniform signs on the 23 libraries throughout the countye Herman Rellere Valley Park, Minnesotae representing IntermDesigne appearede Clyde Meltone 6501 18th Avenues spoke about following the ordinances Motion by Jacobsene seconded by Kenealeye that this hearing be closed, Motion by Kenealeye seconded by Jacobsene that the council makes a finding that this is an information sign of a public nature ands therefores approves the special use permit for the sign and grants anyapproximate 41 foot setback varianceo All ayes ®~~a~rieda= =4m December 9, 1974 Council recessed at 9:20 p.m. for a meeting of the Housing and Redevelopment Authority. Council reconvened at 9:50 p.m. 6. Ordinance Amendment to the Municipal Code, Subdivision 12.of Section 6.20 Relating to the Number of Licensed Taxicabs, Bi11 No. 1974m27, "An Ordinance Amending Subdivision 12, of Section 6.20 of the City Ordinance Code, Relating to the Number of Licensed Taxicabs", was read and re- viewed, the same being on file in the office of the city clerk. (Cm9592) Motion by Anderson, seconded by Jacobsen, that the hearing be closed. All ayes.Carried. Motion by Anderson9 seconded by Jacobsen, that this constitute a second reading of Bill No, 1974m27; 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. Nayes None, Carried, 7. Transitory Ordinance No. 16.249 Providing for Vacation of a Portion of the Alley in Block 19 New Ford :Town. Bi11 No, 1974m189 Transitory Ordinance No. 16.24, "An Ordinance Providing for the Vacation of a portion of the alley in Block 1s New Ford Towa", was read and re- viewedfl the same being on file in the office of the city clerk, (Cm9573) Clyde Meltone 6501 18th Avenue, spoke in favor of this transitory ordinance. Motion by Jacobsen, seconded by Anderson, that this item be deferred until the council meeting of April 28, 1975, _Po11 of votes:- '.Ayes m Anderson, Jacobsen,Kenealey, Luettingere Law. Nayes m None. Carried, 8. Transitory Ordinance Providing for the Expenditure of Money from the Special Revenue Fund for Park Development, Bill No, 1974m26, Transitory Ordinance No. 16,28, "An Ordinance Providing for the Expenditure of Money from the Special Revenue Fund for Park Development"9 was read °5= December 99 1974 and reviewed9 the same being on file in the office of the city clerk, (C-9589) Motion by Anderson9 seconded by Jacobsen9 that the hearing be closed, A11 ayes,Carrieda Motion by Anderson9 seconded by Jacobsen9 that this constitute a second reading of Bill Noe 197426; that it be published in the official newspaper9 and that it be made a part of these minutes. Po11 of votese Ayes m Anderson9 JacobsenA Kenealey9 Luettinger9 Law. Nayes m None. Carried, 9. Ordinance Amendment to the Municipal Collie Relating to the Consumption of Beer and Liquor in City Parks, , Bill No. 1974m289 "An Amendment to Chapter X9 Part III9 Section 10,16 of the Ordinance Code of the City of Richfi~ld9 Minnesota"9 was read and reviewed. Motion by Anderson9 that this constitute the first reading of Bi11 No. 1974m28. Motion died for. lack of a second. 10. Ap roval of Minutes, Tabulation. of Bids and Award of Contract for Ice Arena Storage Building, Harvey Feldman9 park and recreation director, reviewed the bids for the storage building9 which. were acknowledged by the staff and the architect to be extremely high because the project is a small one. ,,. Motion by Kenealey9 seconded by Jacobsen9 to reject all bids and authorize the city manager to explore the possibility of combining the bidding for the storage building at the ice arena with bids for Roosevelt Park9 Donaldson Park and the Nature Center9 which are ~,eh~duled for 1975 construction, All ayes _ Carried. 11, Purchases. in Excess of $1,000° Motion by Kenealey9 seconded by Jacobsen9 to defer the electrical service relocation at the ice arena until the storage building plans are finalized, A11 ayes m Carried, m6m December 9a-1974 Motion by Luettinger9 seconded by Kenealey9 to approve the expenditure of $4.9157 for the ice arena/swimming pool sign and that the staff recommendation for the location of the sign be approved, A11 ayes m Carried, Motion by Anderson, seconded by Jacobsen9 to approve the low price quotation of $28372,14 for,the purchase of three mobile radios9 two for the park and recreation department and one for the public works department, A11 ayes m Carried, Motion by Jacobsen9. seconded by Anderson9 to approve the low quotation of $19253a50 for a seed and fertilizer spreader to be used in the park maintenance operationo All ayes _ Carried, Motion by Jacobsen9 seconded by Anderson9 to approve the purchase of an engine analyzer for the central garage in th.e amount of ~~Qg2Ao All ayesmCarriedo 12e Approval of Minutes9 Tabulation of Bids and Award of Contract for Lighting at Taft9 Madison and Jefferson Parks, 'I`he bid tabulations and minutes were presented by Harvey Peldman9 park and recreation directoro Motion by Jacobsen9 seconded by Anderson9 that the minutes be approved, A11 ayes m Carried, Motion by Luettinger9 seconded by Law9 that all bids be re3ecteda Po11 of votese Ayes m Luettingere Law, Nayes m Anderson9 Jacobsen9 Kenealey, Motion lost, ~'he park and recreation director recommended that9 inasmuch as the low bid subm miffed was $6797609 and the project budget had been set at $5790009 the council accept the low bid together with Alternate E~ which would delete the installation of permanent m7m December 9, 1974 lights at Madison Park for a total bid of $57,551 and that $3,900 be transferred from City Project No. 653 (Taft Park) to this project to cover engineering fees and contingencies, Motion by Anderson9 seconded by Jacobsen9 to accept the recommendation of the staff, Poll of votest Ayes _ Anderson, Jacobsen9 Kenealey. Nayes m Luettinger9 Law. Carried, 13. Approval of Animal Kennel Contract for 1975. The city manager presented the proposed contract between the city of Richfield and the Oak Crest Kennels for kenneling services for our animal c®.ntrol program for the year 1975. He also stated the advantagles of this service over sharing services with the city of Bloomington. Motion by Jacobsen9 seconded by Anderson9 to approve the contract with Oak Crest Kennels. All ayes m Carried® 14. Authorization to Ca11 for Bids for Water Treatment Chemicals, Motion by Anderson9 seconded by Jacobsen to authorize the city manager to call for bids for chemicals used at the water treatment plant for the year 1975. A11 ayes _ Carried. 15. Release of Off~Street Parking Bond, Restaurants No Limit Inc.9 1700 West 78th Street, Motion by Luettinger9 seconded by Jacobsen9 that the following resolution be adopted; that it be spread in the Resolution Book9 and that it be made a part of these minuteso RESOLUTION N0.,5281 RESOLUTION RELATING ~ CANCELLATION OF CONTRACT AND RELEASE OF BOND ON OFFmSTREET PARKING Restaurants No Limit, Inc, 1700 West 78th Street Locationo 1400 West 77th Street Usea Restaurant with on~sale liquor. ~8m December 9g 1974 Poll of voteso Ayes Andersona Jacobsen Kenealey9 Luettingera Naye~ m None, Carried, 'T'his resolution appears as Resolution No, 5281 in Resolution Book No, 360 16e Preliminary Engineering Report on Additional Street Construction and Street Lighting Proposed for 1975D City Project Noo 667Be Pete Eberz9 public works directory presented a preliminary report on the addition of approximately Oo9 miles of permanent street improvement and street lighting9 Street Improvement-Area No, 12B, for the 1975 construction programo The city Manager rem ported that the planning commission had recommended that this project be deferred to a future yeare Motion by Andersona seconded by Jacobsen9 that the following resolution be adopted; that it be spread in the Resolution Book9 and that. it be made a part of these minutese RESOLUTION NOo 5282 RESOLUTION RECEIVING PRELIMINARY ENGINEERING REPORT AND CALLING HEARING ON JANUARY 13a 1975 ON PERMANENT STREET SURFACING ORNAMENTAL STREET LIGHTING AND APPURTENANCES THERETO City Project Noe 667B (A part of Street Improvement District. No, 12) Clerk's File No, 9593 Poll of voteso Ayes m Anderson9 Jacobsena Kenealeyg Luettinger9 Law, Noyes m None, Carried, `I`h.is resolution appears as Resolution Noo 5282. in Resolution Book Noe 360 17e Federal Aid Urban Systemo The public works director presented a resolution deleting Lyndale Avenue from Lake Shore Drive to 74th Street from City Project Noo 667 in anticipation that Lyndale Avenue may be eligible for inclusion in the Federal Aid Urban System, He also presented a resolution requesting the Minnesota State Highway Department to include Lyndale Avenue in the Federal Urban Aid System, ~9~ December 9, 1974 ;:„3~Io~Gion by Jacobsen, seconded by Anderson, that the following resolutions be adopted9 that they be spread in the Resolution Book, and that they be made a part of these minutes RESOLUTION N0. 5283 RESOLUTION DELETING LYNDALE AVENUE FROM LAKE SHORE DRIVE TO 74TH STREET FROM 1975 PERMANENT PAVING PROJECT, CITY PROJECT N0. 667 RESOLUTION N0. 5284 RESOLUTION REQUESTING STATE OF MINNESOTA TO IlVCLUDE LYNDALE AVENUE IN ITS FEDERAL AID SYSTEM Poll of votese Ayes m Anderson, Jacobsen, Kenealey, Luettinger, Law. Naves m None, Carried, These resolutions appear as Resolutions Nos. 5283 and 5284 in Resolution Book No. 36. 18. Agreement with the State of Minnesota Department of Highways for Occasional Technical and Engineering Assistance, The public works director presented an agreement with the state of Minnesota Department of Highways which would provide the city an opportunity to make use of inter governmental services, such as technical and engineering assistance from qualified state traffic engineers. Motion by Jacobsen, 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 minutese RESOLUTION N0. 5285 RESOLUTION AUTHO RIZING REQUEST FOR NEEDED TECHNICAL AID AND ENGINEERING ASSISTANCE FROM THE MINNESOTA HIGHWAY DEPARTMENT _ _ Po11 of votese Ayes m Anderson, Jacobsen, Kenealey. Naves Luettinger, Law, Carried, J This resolution appears s.s~Resolution No, 5285. in Resolution Book No, 36. =lOm December 99 1974 19o Presentation by Steve Lipenski on the Storefront Operation, Steve Lepinski reviewed the operation of the Storefront since its transition to the Hennepin County Youth Diversion Program, `Fhe council accepted his report with thankso 20, 13iscussion of Attorney General°s "Open Meeting Law" Opinion, `The attorney general°s "open meeting law" opinion was discussed which prohibits two or more council members from engaging in a non public exchange which would be in the nature of deliberations on future council businesso No action was taken, 210- Request for Attorney General°s Opinion on Fire Relief Association Bylaws as 'T`hey Relate to Injury on I~xtye Councilman Kenealey presented his request that the council ask the city attorney to get an opinion from the attorney general in regard to-the contract for injury on duty pay and the Relief Association's bylaws for disability benefits, Attorney LeFevere reviewed the history of the problem and responded that. it was not necessary to obtain the attorney general°s opinion to resolve this mattere `The following persons appeared in interest: Sam Terry9 Jr°~ 6321 Pleasant and Bill Reischel9 7701 Upton Avenue, Motion by Law9 seconded by Jacobsen9 that this item be deferred to the first meeting in January, Po11 of votese Ayes m Anderson9 Jacobsen9 Luettinger9 Law° Nayes m IZenealey, Carried, Councilman Kenealey stated he wished the record to show that he voted "no" because he preferred to have this item appear on the December 23rd agenda, 22e Payments and Estimates, Motion by Anders©n9 seconded by Jacobsen9 that the following paymeiats be approvedo A, Hoffman Electric Co, Estimate No, 89 Contract No, 21729 95% complete City Project No, 6579 1974 ornamental lighting Districts No. 6 and 130 $679253,05° mllm December 9, 1974 Bo Arteka Inc° Estimate No, 5, Contract No, 2182, 5707% complete City Project No, 663e Swimming Pool Site Improvements, $128310e17e A11 ayes m Carried, 2.3m Licenses, Motion by Jacobsen, seconded by Luettinger, that the following.licenses be approveds Regular Renewal Left Guard Supper Club, 7717 Nicollet Aveo Food, ice mach,, soft drink, ciga Renewal Cedar Avenue Sh~11, 6.600 Cedar Ave, Soft drink New Arthur Treachdr~s Fish ~>Chipss 6613 Penn Foods soft drink New Arther Tre~.ch~r's Fish ~ Chips, 6401 Nicollet Food, soft drink Renewal United Rentals, 2200 We"66th Street Truck & trailer rental Renewal Lindahl Old~s_'19'00 We 78th Street Soft drink Renewal VFW"Fred Babcocks 710 Lake ~h®re,:.Drive Club License, Sunday on~sale Renewal Lindahl Oldss 1900 Wa 78th Street Motor Vehicle Dealers License Renewal Schmelz Bros,, Inc, Motor Vehicle Dealers License Soft drink Renewal Sn-ydcrs Drug Store9 2930 We 66th Street Retail Off®Sa1e Renewal Sneers Drug Stores 6520 Pillsbury Ave, Retail Off®Sale Renewal The Sibley Co,, 36 Ws 66th Street Soft drink Renewal Sears, 2936 Wa 66th Street Soft drinks vending macho R~newal 1Kas~ox~.c Lodge s 7 615 Logan Ave a Food Renewal Boraxi Gen Trading Coo, 808 W,77 1/2 Street Vending. machine Renewal Baylock Plumbing, 7731 4th Aveo Soft drink. Renewal Country Kitchens 6531 Lyndale Ave, Music bores food, soft drink, Cigarette Renewal Cutler Animal Hospital, 7738 Colfa~c Ave. Soft drink Renewal Janson's Quality Meats, 813 W® 66th Street Food-Meat Renewal Airport Pet Hospital, 6301 Cedar Aveo Soft drink Renewal JimmyPs Lemon Tree, 818 W. 77 1/2 St. Ice mach,s foods food vehicles. soft drink Renewal Mr, Steaks 1420 Wo 78th Street Foode soft drinks cage Renewal Hansones Auto SpaB 6420 Penn Ave, Ice mach,s soft drinks cis, Renewal Richfield Car Washs.6438 Lyndale Ave, soft drink (2) Renewal Mr, Johnes Olympic Hars.6337 Penn Avea Vend® mach,s soft drink, cigm Renewal Richfield Post Offices 825 Wo 65th Street Vend® macho, soft drinks.cigo Renewal Walgreen Drug Coos 12 W® 66th Street Foods soft drinks cigarettes retail offmsale Renewal Left Guard9 Inc.,s 7717 Nicollet Avea Tavern ~~newal Kenny's Meatss 6722 Penn Avea Retail offmsale Renewal Kenny's Meatss 7138 Chicago Ave, Retail offmsale Renewal Kenny's Meatss 1430'0 66th Street Retail off®s.a1e Renewal Tom Thumb Superettes 7609 Lyndale Retail offmsale Renewal Red Owl Stores -6601 Nicollet Ave. Ice Machos foods addnl, f~i®ds soft drinks cigarette, retail off®sale -~Zm: Renewal Short Stop Superette9 7034 Cedar Ave. Renewal Win Stephens, 920 W. 78th Street Renewal Fee Waived Lyndale Liquor Store9 6444 Lyndale Ave. Renewal Kenny's Markets, 7138 Chicago Renewal Countr-~r Club Market9 6528 Penn Ave. Renewal Cedar Avenue Liquor Store, 6636 Cedar Renewal Jackie Ann Hair Styles, 12 R. 66th Street Renewal Hair Lines Beauty Salon Renewal Cloverleaf Motel, 7700 Fremont Ave, Renewal Lyndale Liquor Store, 6444 Lyndale Ave. Renewal First Federal Savings, 6445 Nicollet Ave. Renewal Steward Properties9 6425 Nicollet Ave. Renewal Nicollet Chapter AA, 6301 Penn Ave. Renewal Brace, Inc,, 6237 Penn Ave, (Fee waived for employee°s lunchroom) Renewal Korner Plaza, 68 W. 66th Street renewal 3M Co. 1620 W. 78th Street renewal Richfield Bank9 6625 Lyndale New Thomas J. Larson9 216 Valley View Place New Jerome P. Walsh, 5104 Colfax Ave. New James W. Mead, 8341 Nicollet New Mark W. Bank, 8848 10 Ave. New 1~Tark A. Muldoon, 4600 Aldrive Ave, New B~.neti M. Wiech9 10937- Goodrich Ave. New '° Gene L. Slagter9 7505 Edgebrook Drive New Wiliam L. Johnson, 4136 28 Ave. New Paul J. Wanous9 8832 Chicago New George R. Shuts, ~322_Stevens Ave, New William J. Brantz9 12845 Briar Ct. New Douglas 0. Rllison, 6839 Cedar Ave. New Gary D. Bleicher, 2501 Aldrich Ave, December 9.9 1974 Retail offmsale New & Used Car Lot Soft drink Ice mach,, food, soft drink, Cig., comm. incinerator Food, Addnl. food, vend, mach,, soft drink, cig. Ice mach. Soft drink Soft drink Vend: mach., soft drink Motel 2~cense Ice mach. Soft drink Soft drink Soft drink Vend: macY~. food Soft drink, cig,, comm.in.cina . Soft drink Soft drink, food, comm.ncin. Taxicab driver Taxicab driver Taxicab driver Taxicab driver Taxicab driver Taxicab driver Taxicab driver Taxicab driver Taxicab driver Taxicab driver Taxicab driver Taxicab driver Taxicab driver All ayes, Abst~ai~aed m (Kenealey abstained on VFW Fred Babcock and Kenny's Markets.) Carried. 24. Claims and Payrolls. Motion by Anderson, seconded by Jacobsen, that the following claims and payrolls be allowedo RICHFIRLD BANK & TRUST C®MPANY Checks 11793/17408 $1,675,357.07 SUMMIT STAIR BANK Checks 54293/5431.8 General 1929893,14 00520/1307 .Payroll 1009295.11 A11 ayes m Carried, -13- December 9, 1974 25. Adjournment. Motion by Luettinger, seconded by Anderson, that the meeting be adjourned. All ayes - Carried, Time; 1;30 a,m, December 10, 1974. ~' -. ~~~~ Thomas J. Mora City Clerk ~. ~V ` Wayne S. Burggraaf Hager ''~ 1 Date Approved; December 23,_1974