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04-14-1975_ CITY OF RICHFIELD REGUTAR MEETING April 14., 1975 The Council of the City of Richfield met in regular session in the Council Chambers of the City Ha11 on Monday, April 14, 1975 at 7:00 p.m. Rev. Harold K. Grindal gave the invocation. The. meeting was called to order by Mayor Law. Present: Anderson, Jacobsen, Ludeman, Luettinger, Law. Absent: None 1. Minutes. Motion by Ludeman, seconded by Jacobsen, that the minutes of the March 24, 1975 meeting be accepted as presented. A11 ayes - Carried. 2 Presentation of Certificates of Appreciation and Commendation Awards. Tom Morgan, Public Safety Director, presented a commendation award to Mr. Ken Olson, Manager of American Finance Company, who assisted the public safety department in the apprehension of a car theft suspect. Mayor Law presented a certificate of appreciation to Mr. Roy Peterson, 6324 Russell Avenue, for his service to the community as a member of the Planning Commission. Mrs. Peterson and two sons were present at the presentation. Councilman Jacobsen presented a certificate of appreciation to Mr. Mike Glapion, 6921 Upton Avenue, for his service to the city as a member of the Human Rights Commission. 3. Special Use Permit Request to Operate a Rooming House at 7600 First Avenue. Mr. Burggraaff, city manager, reported that the applicant, Mrs. Elsie A. M. Lundgren, had requested that the application to operate a rooming house be deferred at this time because of ill health. Motion by Anderson, seconded by Jacobsen, to defer this application Council Meeting Minutes -2- April 14, 1975 indefinitely as requested. All ayes - Carried. 4. Special Use Permit Request for a Building at 2499 West 64th Street, Wh~tbeck Frazer School. Richard Krier, city planner, reviewed the request for a special use permit to build a 2,000 square foot addition to the existing school building. Dr. Robert J. Kowalczyk, director of Louise Whitbeck Frazer school, and Robert Johnson, architect for the applicant, appeared and presented-plans for the proposed addition. David Covington, 6211 Russell, spoke about traffic on Queen Avenue and encouraged blocking the north end of Queen Avenue. Clarence Hedlund, 6229 Russell, asked about where the street barricade on Queen Avenue would be constructed. W. Robert Gordon, 6937 Nicollet, commented on the need for an exit on to Queen Avenue from the Lund's store. Motion by Jacobsen, seconded by Luettinger, to close the hearing. All ayes - Carried. Motion by Jacobsen, seconded by Ludeman, to grant the special use permit with the stipulations as listed in Council Letter No. 102. 1. Half of Queen Avenue be dedicated to the city for public right-of-way before the permit is issued. 2. T13at adequate landscaping be accomplished. A11 ayes - Carried. Motion by Ludeman, seconded by Jacobsen, that a temporary barricade be erected on the north end of Queen Avenue at the service road. A11 ayes - Carried. The council also directed the staff to conduct a traffic survey at the time Queen Avenue is constructed north of 64th Street to determine how the traffic in Council rleeting Tlinutes -3- April 14, 1975 the Lund's area can be handled more efficiently. 5. Special Use Permit to Operate a Beauty School at 6337 Penn Avenue. Planning director, Richard Krier, reviewed the request for a special use permit to operate a school for instruction of beauty operators and the staff's recommendation for approval if adequate parking facilities are provided. PIr. John O'Toole, applicant, appeared and stated he had contacted the Alcoholics Anonymous and the Baptist Church of our Saviour requesting permission to use their parking stalls. However, it was explained by the city attorney that these non-profit institutions may not wish to execute parking agreements due to tax reasons. Felton Jenkins, 6221 Morgan, spoke in favor of the special use permit. Motion by Ludeman, seconded by Law, to close the hearing. All ayes - Carried. Alotion by Ludeman, seconded by Luettinger, to approve the special use permit, without parking stipulations, but the applicant was encouraged by the council to find alternate parking facilities. All ayes - Carried. 6. Hearing on 6dhether to Revoke Soft Touch Sauna License. The city manager reviewed the license application and the events that led to the deferral of this hearing from March 24, 1975 and recommended denial of the 1975 license application. Frank Reiter, attorney for Soft Touch Sauna, requested that a decision be stayed until the district court appeal determination has been made. Motion by Anderson, seconded~by Jacobsen, to close the hearing. All ayes - Carried. Motion by Ludeman, seconded by Luettinger, to adopt the findings of the -- - city attorney (C-9622) and deny a license for 1975. All ayes - Carried. Council Meeting Minutes -4- April 14, 1975 7. Ordinance Amendment on Waiver of Building Permit Fees. The city attorney reviewed a proposed ordinance that would enable the council to waive building permit fees chargeable to another political subdivision under certain circumstances. The city manager indicated that the ordinance amendment was not recom- mended by the staff since it is city policy to support much of the.cost of inspection service with the various permit fees. The public works director pointed out-that only. about 80% of the $3,723 school district fee would come from Richfield with the remainder to come from Edina because of the fact that the district includes a portion of Edina. W. Robert Gordon, 6937 Nicollet, spoke in favor of deferring the sug- gested ordinance. Earl Maffett, 6745 Harriet Avenue, asked whether the permit fees hadn't been included in the bid by the contractors. John Hamilton, president of the school board, indicated they were not included. Bill No. 1975-8, "An Ordinance Relating to Building Permit Fees, Amending Section 3.06,Subdivision 11 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. (G-9615) Motion by Jacobsen, seconded by Luettinger, to close the hearing. A11 ayes - Carried. Motion by Jacobsen, seconded by Luettinger, that this constitute the first reading of Bill No. 1975-8, that it be published in the official newspaper, and that the second reading of this ordinance amendment be scheduled for the council meeting of April 28, 1975. Po11 of votes; Ayes - Jacobsen, Luettinger, Ludeman, Law. Naves - Anderson. Carried. Council Meeting Minutes -5- April 14, 1975 8. Tabulation of Bids, Minutes and Award of Contract for Computer. Wayne Burggraaff, city manager, reviewed the bid tabulation and recommended approval of the low bid. Motion by Anderson, seconded by Jacobsen, that the minutes and bid tabu- lations be accepted as presented, A11 ayes - Carried, Robert Jackson, 7301 11th Avenue South, asked about the cost differential between the highest and the lowest bid. Lawrence Wozniczka, 6744 Wentworth, spoke about the bid specs he received March 18, 1975. Ray Harles, area representative for NCR, 5600 Heather Lane, Edina, re- quested that the bids be rejected and new bids taken. Terry Jacobson, 6136 Oaklawn, representing Honeywell, indicated he would like an opportunity to bid and suggested approximately a two week review on bid specs and another two weeks in consulting with the staff on system require- ments. Robert Johnson, president of Data 3 Computer Corporation, indicated that as low bidder, he felt the council should seriously consider awarding the bid. He indicated that he felt the bid specs were not exclusive and he commented on the fact that many of the vendors who did not bid indicated they weren't aware that the city was bidding, yet seemed to be totally aware that the council was awarding the bid tonight. He also talked about sales representatives responsi- bilities in the computer industry, Motion by Anderson to adopt ~he,,resolution awarding the contract for purchase of IBM System 3 Model 10 Computer to Data 3 Computer Corporation. Council Meeting Minutes -6- April 14, 1975 Motion died for lack of a second. The city manager again recommended approval of the low bid indicating an adequate number of bids had been received, the city had complied with all legal obligations and that he feared new bids would be much more costly to the city. Motion by Luettinger, seconded by Ludeman, to reject all bids and call for rebids. Poll of votes: Ayes - Jacobsen, Luettinger, Ludeman, Law. Nayes - Anderson. Carried. A general discussion was held regarding whether there was a need to make use of an A. D. P. consultant in determining the bid specifications and the development of a proposed system for-the city on which bids could be taken. Motion by Law, seconded by Luettinger, that the staff review our present situation and to recommend to the council whether a consultant sho~xld be retained. Poll of votes: Ayes - Jacobsen, Luettinger, Ludeman, Law. Nayes - Anderson, Carried, 9. Purchase in Excess of $1,000. The city manager explained the options that were available•to'the city to service and maintain an alarm system at the Cedar Avenue Liquor Store, and 'the staff's recommendation that the council approve the purchase of an alarm system and monthly maintenance contract. Dr. Felton Jenkins, 6221 Morgan, spoke in interest. Motion by Jacobsen, seconded by Luettinger, to approve-the manager's recommendation and authorize the purchase of an alarm system at an approximate cost of $1,600 and approve a maintenance contract for up to one year. A11 ayes.- Carried. Council Meeting Minutes -7- April 14, 1975 10. Acquisition of Property at 6444 22nd Avenue for Park Purposes. Harvey Feldman, park and recreation director, discussed the proposed purchase of the property located at the northwest corner of 22nd Avenue and 64th Street which adjoins New Fordtown Park. Marv Iverson, 6501 19th Avenue, spoke in favor of a basketball court at the park. George Tellgren, 6937 Upton, appeared and spoke in favor of the acquisition. Motion by Anderson, seconded by Jacobsen, to defer this item and request the staff to hold a neighborhood meting on the feasibility of acquiring this property. All ayes -Carried, 11. Acquisition of Property for Construction of Third Municipal Liquor Store. Wayne Burggraaff, city manager, reviewed the staff's previous actions relative to the construction of a third liquor store and recommended the city purchase the property at the northwest corner of 65th Street and Penn Avenue, Felton Jenkins, 6221 Morgan Avenue, spoke in favor of this acquisition. Motion by Jacobsen, seconded by Anderson, to authorize the city to purchase the proposed property. Poll of votes: Ayes - Anderson, Jacobsen, Luettinger, Law. Nayes - Ludeman. Carried. Motion by Jacobsen, seconded by Luettinger, to authorize the architect to prepare preliminary plans. Poll of votes: .Ayes - Anderson, Jacobsen, Luettinger, Law. Nayes Ludeman. Carried. Council adjourned at 11:30 to hold the HRA. meeting. After the roll call it was decided to continue the HRA meeting the following evening. Council reconvened at 11:32 p.m. Council Meeting Minutes -8- April 14, 1975 12. Resolution Confirming City Manager's Appointment. of Two Resident Members to Board of Review. 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 minutes: RESOLUTION N0. 5345 RESOLUTION CONFIRMING CITY MANAGER'S APPOINTMENT OF TWO RESIDENT MEMBERS TO BOARD OF REVIEW Poll of votes: Ayes - Anderson, Jacobsen, Luettinger, Ludeman, Law. Nayes - None. Carried. This resolution appears as Resolution No. 53%+5 in Resolution Book No. 36. 13. Commission and Committee Appointments. Motion by Anderson, seconded by Luettinger, that W. Robert Gordon be appointed as a citizen-at-large member to the Community Center Redesign Committee. A11 ayes - Carried. Motion by Jacobsen, seconded by Anderson, that Elmer Josephs be ap- pointed to the Human Rights Commission for an unexpired term of three years expiring May 27, 1976, replacing the vacancy created by the resignation of Michael Glapion. A11 ayes - Carried. 14. Report on "No Turn on Red" Regulation. Motion by Jacobsen, seconded by Ludeman, that this item be deferred. A11 ayes - Carried. 15. Application to Move Dwelling Within the City. The public works director presented an application from Oak Grove Lutheran Church to move a dwelling from 7037 Augsburg Avenue to 1200 Lake Shore Drive. as the church plans to enlarge their parking lot. Council Meeting Minutes -9- April 14, 1975 Motion by Jacobsen, seconded by Anderson, to approve the house moving application subject to the stipulations listed in Council Letter No. 95. 1. New service (100 amp minimum) and service riser, properly grounded. 2. New basement wiring 3. New furnace 4. New basement 5. New steps and stoop 6. Replace basement stair 7, Take out proper permits 8. Submit soil boring results 9. Proper attention should be considered as to elevation of structure setting in conjunction with the side street (Emerson). All ayes - Carried. 16. Request for Traffic Control Signs at Intersection of 65th and Logan Avenue, Motion by Anderson, seconded by Ludeman, 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. 5346 RESOLUTION RELATING TO TRAFFIC CONTROL SIGNS "STOP" STGNS ON LOGAN AVENUE AT 65TH STREET STOPPING LOGAN AVENUE TRAFFIC AT 65TH STREET Po11 of votes: Ayes - Anderson, Jacobsen, Luettinger, Ludeman, Law. Nayes - None. Carried, This resolution appears as Resolution No. 5346 in Resolution Book No. 36. 17. Approval of Final Plans and Specifications and Authorization to Call for Bids Roosevelt Park Improvements. Harvey Feldman, park and recreation director, stated final plans and specifications for the Roosevelt Park improvements had been completed and the neighbors and the Parks and Recreation Advisory Commission have expressed approval of final plans and specifications and requested the council approve the final plans and authorize the city clerk to call for bids on this project. Council Meeting Minutes -10- April 14, 1975 Motion by Jacobsen, seconded by Ludeman, 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. 5347 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND CALLING FOR ADVERTISEMENT FOR BIDS TO BE RECEIVED MAY 9, 1975 FOR ROOSEVELT PARK CITY PROJECT N0. 671 Clerk's File No. 9617 Po11 of votes: Ayes -Anderson, Jacobsen, Luettinger, Ludeman, Law. Naves - None. Carried. This resolution appears as Resolution No. 5347 in Resolution Book No. 36. Not on Agenda Joseph E. Ertman, 7533 Third Avenue, appeared and •presented a petition (C-9618) requesting consideration of a stop sign on 76th Street at either Fourth Avenue or Clinton. Bob Canfield, 7520 Third Avenue and Dave Dahl, 7514 Third Avenue, both spoke in favor of a stop sign. Bob Boman, 7601 Fourth Avenue, questioned the feasibility of the stop sign. John Bork, 7545 Fifth Avenue, supported marking crosswalks only. W. Robert Gordon, 6937 Nicollet, spoke about the enforcement of cross- walks and citizen education. Motion by Luettinger, seconded by Ludeman, to receive the petition. A11 ayes - Carried, Motion by Jacobsen, seconded by Ludeman, to defer consideration of this matter at the next meeting. A11 ayes - Carried. 18. Approal of Final Plans and Specifications and Authorization to Ca11 for Bids Memorial Park Improvements. Council Meeting Minutes -11- April 14, 1975 The park and recreation director reported neighbors in the area of Memorial Park and the park and recreation advisory commission have expressed approval of the final plans and specifications for the tot lot improvement project and recommended the council authorize the city staff to call for bids for this project. Motion by Ludeman, 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. 5348 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND CALLING FOR BIDS FOR MEMORIAL PARK TOT LOT CITY PROJECT N0. 668 Clerk's File No. 9619 Poll of votes: Ayes - Anderson, Jacobsen, Luettinger, Ludeman, Law. Nayes - None. Carried. This resolution appears as Resolution No. 5348 in Resolution Book No. 36. 19. Preliminary Plans and Specifications for Senior Citizen Community Building. The park and recreation director and Richard Schwarz, architect, reported on preliminary plans for the Senior Citizen/Community Center. Colleen Seifert and John Wilson, from the Advisory Youth Commission, spoke about the need for youth activities related with senior citizens. Motion by Ludeman, 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. 5349 RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF FINAL PLANS AND SPECIFICATIONS FOR SENIOR CITIZEN/COMMUNITY CENTER CITY PROJECT N0. 678 Council Meeting Minutes -12- April 14, 1975 Poll of votes; Ayes - Anderson, Jacobsen, Luettinger, Ludeman, Law. Nayes - None. Carried. Phis resolution appears as Resolution No. 5349 in Resolution Book No. 36. Bill No. 1975-9, Transitory Ordinance No. 16.31, "An Ordinance Providing for the Expenditure of Money from the Special Revenue Fund for Park Development", relating to improvements to .the Senior Citizen/Community~Center, was read and reviewed, the same being on file in the office of the city clerk. (C-9621) Motion by Jacobsen, seconded by Ludeman, to close the hearing. A11 ayes - Carried. Motion by Jacobsen, seconded by Ludeman, that this constitute the first reading of Bi11 No. 1975-9, that it be published in the official newspaper and that the second reading of this ordinance amendment be scheduled for the council meeting of April 28, 1975. Poll of votes: Ayes - Anderson, Jacobsen, Luettinger, Ludeman, Law. Nayes - None. Carried. 20. Report on P.A.L.M. Participation. Mr. Burke Raymond, the Executive Director of PALM, appeared and answered council questions regarding the city's participation in the State Capacity Building Training Program offered by PALM and the National Training and Develop- ment Service (NTDS). Motion by Jacobsen, seconded by Ludeman, to approve city participation in the State Capacity Building Training Program and to authorize attendance by the city manager at the May 6 - 16 training session. Poll of votes; Ayes -Anderson, Jacobsen, Ludeman. Nayes - Luettinger, Law. Carried.. 21. Amendment to the Lyndale/Hub/Nicollet Goals and Objectives. This item was deferred to the April 28, 1975 meeting. Council Meeting Minutes -13- April 14, ].975 22. Community Garden Report, Harvey Feldman, park and recreation director, presented the suggested plan for a community garden program. The program will be under the direction of Mr. Don Fondrick of the Wood Lake Nature Center. The most practical location of this program was found to be on the Metropolitan Airport Commission property in the vicinity of Rich Acres. It was suggested that a registration fee of $5.00 be charged to participants in the garden project, Motion by Ludeman, seconded by Jacobsen, to approve the staff recommendation. All ayes - Carried. 23. Recommendation for Adjustment in-User Fees, Motion by Luettinger, seconded by Ludeman, that because of the lateness of the hour to defer this item to a continuation of the council meeting at 6:30 p.m, April 15, 1975. A11 ayes - Carried, 24. City Membership in Public Technology, Inc, Motion by Law, seconded by Ludeman, to deny the city's participation in Public Technology, Inc. All ayes - Carried. 25. Tentative Grant Application for Intergovernmental Personnel Act Funds, Motion by Jacobsen, seconded by Anderson, to approve the resolution relating to a joint Bloomington, Richfield, Edina, St. Louis Park application for IPA Funds to fund a position to aid these municipalities in their efforts to meet Affirmative Action goals. Po11 of votes: Ayes - Anderson, Jacobsen. Nayes - Luettinger, Ludeman, Law. Denied. Council Meeting Minutes -14- April 14, 1975 26. Resolution Authorizing Issuance of 1975 Bonds. City attorney, Clayton LeFevere, presented the resolution authorizing the bond issue which will finance the 1975 Permanent Street Improvement Program. Bond consultant, Don Swenson, made a brief presentation. 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 N0.5350 RESOLUTION AUTHORIZING ISSUANCE AND ADVERTISEMENT FOR SALE OF $4,600,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1975 Poll of votes: Ayes - Anderson, Jacobsen, Luettinger, Ludeman, Law. Nayes - None. Carried. Phis resolution appears as Resolution No, 5350 in Resolution Book No. 36. 27. Discussion of H.F. 645. Community Health Services Act Motion by Jacobsen, seconded by Ludeman, 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. 5351 RESOLUTION OPPOSING COMMUNITY HEALTH SERVICES ACT (HOUSE FILE 645) Poll of votes: Ayes - Anderson, Jacobsen, Luettinger, Ludeman, Law. Nayes - None. Carried. This resolution appears as Resolution No. 5351 in Resolution Book No. 36. 28. Community Develo ment Act Grant Application Amendment Motion by Luettinger, seconded by Ludeman, to approve the city manager's recommendation as contained in Council Letter No. 122. All ayes - Carried. Council Meeting Minutes 29. Community Developm and Land Use and Planni -15- t Act Grant Joint Powers Bi11. April 14, 1975 ement Amendment It was mutually agreed by the council to defer these two items to the next meeting. 30. Change Order for Augsburg Park Improvements. Motion by Law, seconded by Luettinger, to defer this item and authorize the staff to re-examine the contracts with Metro Engineering to determine if this charge should be absorbed by the contractor instead of the city. Poll of votes: Ayes - Jacobsen, Luettinger, Ludeman, Law. Nayes - Anderson. Carried. 31. Claims and Payrolls. Motion by Luettinger, seconded by Ludearan, that the following claims and payrolls be allowed: RICHFIELD BANK AND TRUST COMPANY Checks 13648/18685 $445,403.97 SUMMIT STATE BANK Checks 54827/54863 General $348,762.86 3800/54855 109,839.92 A11 ayes - Carried 32. Licenses. Motion by Ludeman, seconded by Jacobsen, that the following licenses be approved: Fee Waived New St. Richard's Church, 7600 Penn Retail On-Sale, Dance (Dance Social on April 26 at St, Richard's) New Richfield Lyndale Liquor Store Ice Machine New Richfield Cedar Liquor Store Ice Machine Council Meeting Minutes -16- April 14, 1975 Licenses (Continued Re ular New Handi Van, 6958 Cedar Avenue New Richfield Lane, 6449 Lyndale Avenue New House of Prayer Lutheran Church (Gold Medal Beverage Co.) New Gold Medal Beverage Co.-Weighwatchers 6608- Lyndale Avenue. _ . New Gold Medal Beverage Co.-Richfield Wax Museum, 6630 Penn Avenue New Mr, Steak, 6345 Penn Avenue New Northwestern Be11, 6244 Cedar Avenue Renewal Hub Dairy Queen, 16 E. 66th Street Renewal Lil General, 7529 Lyndale New McKee Station, 7645 Lyndale Avenue Renewal 7-11 Food Store, 70 and Nieollet Renewal Penn Avenue Texaco, 6800 Penn Avenue Renewal LaBelles, 7701 Nieollet Avenue Taxicab Drivers Soft drink 2 send, mach. soft drink, cig. Vend, mach. Vend, mach, Vend. mach, Cigarette 2 vend. mach. 2 food, soft drink Retail off-sale Vend, mach. Food, add'1. food, soft drink, cigarette Soft drink Incinerator Renewal John F. Siems, 3536 16th Avenue Renewal Mark W. Bonk, 8848 10th Avenue Renewal Terry L. Weihn, 4213 Snelling Avenue New Walter James Nuggan, 7805 E. River Road, Apt, 203 A11 ayes - Carried. Motion by Luettinger, seconded by Jacobsen, to approve the renewal_of a temporary sign for the Horn of Plenty Restaurant at 48 West 66th Street for a 60 day period from April 14 to June 14, 1975. All ayes - Carried. 33. Extra Item Not on Agenda. Councilman Luettinger presented a request from Cutler Sma11 Animal Hospital, 7738 Colfax Avenue, to enlarge his driveway to 124 feet. Motion by Luettinger, seconded by Ludeman, that this request ,be granfed, All ayes - Carried. 34. Extra Item Not on Agenda. 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 iJ part of these minutes: Council Meeting Minutes April 14, 1975 -17- RESOLUTION N0. 5344 RESOLUTION SUPPORTING ENAC7~IENT OF SF 1391 AND HF 1369 Po11 of votes: Ayes - Anderson, Jacobsen, Luettinger, Ludeman, Law. Nayes - None. Carried. This resolution appears as Resolution No. 5344 in Resolution Book No. 36. 35. Adjournment. Motion by Luettinger, seconded by Ludeman, that the meeting be adjourned i to the following day, April 15, 1975 at 6:30 p~m. to cover Item 23 of these minutes, Recommendation for Adjustment in User Fees, on recreation programs. A11 ayes - Carried. Time: 2:00 A.M. April l5, 1975. . April 28, 1975 Thomas J. ~`.eran City Clerk %~ Wayne S. Burggraaf City pager