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09-22-1975CITY OF RICHFIELD REGULAR MEETING September 22, 1975 The Council of the City of Richfield met in regular session in the Council Chambers of the City Ha11 on Monday, September 22, 1975 at 7:00 PM. Rev. Paul Romstad gave the invocation. The meeting was called to order by Mayor Law. Present: Anderson, Ludeman, Luettinger, Law Absent: Jacobsen 1. Minutes Motion by Ludeman, seconded by Luettinger, that the minutes of the September 8 meeting and the minutes of the budget hearings of September 15 and 16, 1975 be approved as submitted. A11 ayes -Carried. Absent - Jacobsen. 2. Hearing on 1974 Street Assessment, 424 E. 73rd Street, Plat 44834, Parcel 82 Councilman Ludeman requested that the record show the reason for reconsid- eration of this assessment was an increased benefit from street lighting. The property owner was not present, although he was nptified by letter of this hearing. Councilman Jacobsen arrived. at 7:10 PM. Motion by Ludeman, seconded by Anderson, that this assessment be increased $110.83, making the total new assessment on this property $796.50. A11 ayes - Carried. 3. Hearing on Street Assessment, 6744 Wentworth Avenue The city manager requested council to consider adopting the only deferred item on the 1974 permanent streets, that of the property at 6744 Wentworth, owned by Lawrence Wozniczka, inasmuch as the council would not meet again before the dead line that the city has in certifying the assessment roll. Staff recommended Council Meeting Minutes _2- 22 September ..1975 no change in the assessment and indicated .that the portion of the assessment the property owner is disputing, the driveway, will be repaired by the con- tractor to the property owner's satisfaction and at the contractor's expense. Motion by Ludeman, seconded by Anderson, to adopt the assessment as proposed and since the property owner was not present, it was requested that the staff send him a letter informing him of-the council's action. A11 ayes - Carried. 4. Hearing on Elimination of Public Nuisance {Diseased Elm on Private Property) Motion by Anderson, 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. 5405 RESOLUTION AUTHORIZING THE ABATEMENT OF DUTCH ELM DISEASE ON PRIVATE PROPERTY AND ESTABLISHING THE METHOD OF ASSESSMENT THEREFOR I' ~I Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None. Carried. This resolution appears as Resolution No. 5405 in Resolution Book No. 37. Motion by Anderson, seconded by Luettinger, to direct the staff to prepare a proposal for a grant-in-aid program on diseased tree removal on private property. A11 ayes - Carried. 5. Reconsideration of Heari on Street Assessment 6744 Wentworth Mr. Wozniczka appeared later in the evening and requested relief of his property assessment for the fill strip, approximately one foot, behind the driveway apron. He was of the opinion that had this area been constructed properly- they would not have had to fill so much in and he also reported that he wasn't going to have his driveway apron replaced because he was of the opinion that such replacement would cause damage to the street area which could :not be T, - -- .~ - - Council Meeting Minutes -3- 22 September 1975 restored to its present condition. Motion by Ludeman, seconded by Jacobsen, to rescind the council's previous action and reduce this assessment by $20.69 and confirm this assessment in the amount of $934.81. A11 ayes - Carried. The city council also agreed to further discuss Mr. Wozniczka's complaint about the street improvement project at the October 14th meeting. 6. Request for On-Sale Liquor Ordinance Amendment to Permit Consideration of Lemon Tree Restaurant On-Sale Liquor License Application The city attorney reviewed the city ordinance requirements for an on-sale liquor license. Jerome V. Blatz, attorney for Lemon Tree Restaurants, Inc., appeared in behalf of Jimmy Vicimious, owner of the restaurant, and requested a change in the on-sale liquor ordinance requirement of 10,000 square feet in space. Mr. Vicimious answered questions of the council. Motion by Jacobsen, seconded by Luettinger, to reactivate the liquor study committee to study our liquor ordinance and report back to the council in 90 days with recommended changes. Po11 of votes: Ayes - Jacobsen, Luettinger, Law. Nayes - Anderson, Ludeman. Carried. 7. Ordinance Amendment Relating to Disposal of City Owned Property Bill No. 1975-17, Transitory Ordinance No. 16.35, "An Ordinance Providing for the Sale or Other disposition of Certain Lots in New Ford Town Addition", was read and reviewed, the same being on file in the office of the city clerk. (C-9660). Motion by Anderson, seconded by Luettinger, that this hearing be closed. All ayes - Carried. Council Meeting Minutes ~ ~4- 22 September 1975 Motion by Anderson, seconded by Luettinger, that this constitute a second reading of Bill No. 1975-17; that it be published in the official-newspaper and that it be made a part of these minutes. Po11 of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None. Carried. Council recessed at 8:40 PM and reconvened at 9:20 PM. 8. (Not'on Agenda) Purchase of Service Agreement Motion by Jacobsen, seconded by Anderson, to ratify the Purchase of Service Agreement between the HRA. and the Metropolitan Council Section 8 Leased Housing Grant. All ayes - Carried. 9. Parking Restrictions on Streets Surrounding the High School 2'he city manager reviewed the results of the staff survey of the residents in the area of the high school as to their preference in parking restrictions. Gordon McLa.ren, 7108 Garfield, Paul Clendening, 7109 Garfield and Patricia Peterson, 7244 Girard, all were in favor of "No Parking 10:00 AM to 1:00 PM School Days ". Mrs. Peterson also spoke about the litering in the area. Brian Mead of 7201 Grand, appeared and stated he preferred "No Parking 8:00 AM to 4:00 PM School Days" at all times on both sides of the street between Grand and Pleasant. Harold 2'heis, 7141 Garfield, suggested uniform signs in the area, Motion by Jacobsen, seconded by Luettinger, that.a resolution be adopted to rescind Resolution No. 5372 and establish "No Parking 9:00 AM to 2:OO.PM School Days " in all areas. The motion and second was withdrawn. . Council Meeting Minutes -5- 22 September 1975 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. 5406 RESOLUTION RELATING TO TRAFFIC CONTROL SIGNS "NO PARKING 8:00 AM TO 4:00 PM SCHOOL DAYS'' ON SOUTH SIDE 72ND STREET FROM GRAND AVENUE TO PLEASANT AVENUE Po11 of votes: Ayes - Anderson, Jacobsen, Luettinger, Law. Nayes - Ludeman. Carried. This resolution appears as Resolution No. 5406 i~a. Resolution Book No. 37. Council stated the other areas near the school would be considered for uniform signing, "No Parking 9:00 AM to 2:00 PM Schooldays" at the next regular meeting. 10. Request for Supplemental Assessment from St. Peter's Catholic Church Michael Tatone, 6344 16th Avenue, respresenting St. Peter's church, appeared and requested a supplemental assessment for the church. Motion by Jacobsen, seconded by Law, to set a hearing for October 27, 1975 to consider a supplemental assessment for St. Peter's church. A11 .ayes - Carried, = _ - 11. Fairwood/Monroe Park Don Fondrick, acting park and recreation director, reported on the discussion of the Park and Recreation Advisory Commission meeting of September 11 regarding construction of a third ballfield at Monroe Park. Mr. Fondrick indicated a recom- mendation will be developed at its October 8th meeting. At the request of the city manager, the city council formally acted to supercede its earlier directive to construct the ball field and ordered construction to be stopped until further notice. Don Manion, 6708 Irving, inquired about the appropriate procedure to initiate Council Meeting Minutes -6- 22 September 1975 Y an ordinance amendment prohibiting golfing in parks. ~ Motion by Ludeman, seconded by Luettinger, to direct the city attorney to ' draft an ordinance prohibiting the driving of golf balls in the parks. All ayes - Carried. 12. Purchases in excess of $1,000 The city manager reported that the team policing grant recently received by the city provides funds for the purchase of additional radio equipment for the public safety department. It was recommended that the council approve the purchase of twelve pagers and the related recharging equipment in the amount of $4,030 and the necessary tone encoding equipment to activate the radio pagers in the amount of $1,380. Motion by Anderson, seconded by Jacobsen, to approve the manager's recommen- dation and authorize the purchase of the radio equipment in the amounts of $4,030 and $1,380. -All ayes - Carried. Motion by Jacobsen, seconded by Anderson, to approve the city manager's recommendation to authorize the purchase of up to 1,000 tons of rock salt as the need occurs during the 1975/76 winter season in an amount not to exceed $11,870. Po11 of votes: .Ayes - Anderson, Jacobsen, Ludeman, Law. Nayes - Luettinger. Carried. Motion by Jacobsen, seconded by Luettinger, to request the staff to invest- igate the possibility of filtering storm sewer drainage in Wood Lake. A11 ayes - Carried. Z'he city manager reported the park and recreation advisory commission had recommended additional trees be planted to provide additional protection for the tot lot and the shelter building at Donaldson Park and that the low bid for six 8" diameter trees was $2,758. Council Meeting Minutes -7- 22 September 1975 Motion by Luettinger, seconded by Jacobsen, to authorize the purchase of the trees in the amount of $2,758. All ayes - Carried. 13. Recommendation of Park and Recreation Advisory Commission Regarding Special Interest Groups 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. 5407 RESOLUTION PROVIDING FOR CITY POLICY REGARDING SPECIAL INTEREST GROUPS Po11 of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None. Carried. This resolution appears as Resolution No. 5407 in Resolution Book No. 37. 14. Resolutions for Nuisance Abatement and Weed Cutting Special Assessments Motion by Jacobsen, seconded by Luettinger, that'the following resolutions be adopted; that they be spread in the resolution book and that they be made a part of these minutes: RESOLUTION N0. 5408 RESOLUTION LEVYING SPECIAL ASSESSMENT FOR WEED DESTRUCTION RESOLUTION N0. 5409 RESOLUTION LEVYIlVG SPECIAL ASSESSMENT FOR NUISANCE ABATEMENT Poll of votes; Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None. Carried. These resolutions appear as Resolution Nos. 5408 and 5409 in Resolution Book No. 37. 15. Approval of Off-Street Parking Contract. Richfield State Agency, 6600 Grand 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 Council Meeting Minutes -8- 22 September 1975 these minutes: RESOLUTION N0. 5410 RESOLUTION APPROVING LAYOUT AND CONTRACT FOR OFF-STREET PARKING IN ACCORDANCE WITH APPLI- CATION N0. 75-4 Richfield State Agency, Inc. 6625 Lyndale Avenue South Location: 6600 Grand Avenue Use: Retail Sales - Jewelry Store Po11 of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None. Carried. This. resolution appears as Resolution No. 5410 in Resolution Book~No. 37. 16. Prepayment of Special Assessments on City Property 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. 5411 RESOLUTION AUTHORIZING AND DIRECTING F1XED ASSETS CHARGES TO RETAINED EARNINGS IN THE SEWER UTILITY FUND AND TRANSFERRING FUNDS TO TFiE GENERAL FUND AS A REIMBURSEMENT OF THE MUNICIPALITY`S CONTRIBUTION FOR CERTAIN FIXED ASSETS AND APPROPRIATION OF MONEY TO PREPAY SPECIAL ASSESSMENTS ON CITY PROPERTY Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None. Carried. This resolution appears as Resolution No. 5411 in Resolution Book No. 37. 17. Resolution Naming Election Judges 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. 5412 RESOLUTION PROVIDING FOR POLLING PLACES AND DESIGNATIlVG JUDGES FOR CITY GENERAL ELECTION Council Meeting Minutes -9- 22 September 1975 Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None. Carried. This resolution appears as Resolution No. 5412 in Resolution Book No. 37. 18. Change Orders - Roosevelt Park Motion by Luettinger, seconded by Jacobsen, to approve a change order re- lating to the Roosevelt Park redevelopment project in the net amount of $772.90 increase, such change order consisting of a deduction of $1,800 to the lighting of the softball fields by means of a credit for platforms and. arm braces; and an increase of $2,572.90 for treatment of the stub streets at Clinton, Fourth and Fifth Avenues. A11 ayes - Carried. 19. Payments and Est3.mates Motion by Anderson, seconded by~Jacobsen, that the following payments and estimates be allowed; A. Bituminous Roadways, Inc., Estimate No. 3, ~2% complete. Contract No. 2194, City Project No. 671. Roosevelt Park Site - $22,528.67. B. B-E Enterprises, Inc., Estimate No. 1, 33% complete. Contract No. 2195, City Project No. 671, Roosevelt Park Building Improvements - $15,107.40. A11 ayes - Carried. 20. Claims and Payrolls Motion by Jacobsen, seconded by .Ludeman, that the following claims and payrolls be allowed: RICHFIELD BANK AND TRUST AMOUNT Checks 18930/20649 $1,685,707.04 SUMMIT STATE BANK Checks 6848/7882 General $ 162,642.59 Checks 7198/8294 Payroll 120,735.34 All ayes - Carried. Council Meeting Minutes -10- 22 September 1975 21. Licenses Motion by Jacobsen, seconded by Luettinger, that the following fee waived licenses be approved: Fee Waived New Church of St. Richard, 7601 Penn Avenue Retail On-Sale November 23, only - Church Bazzar _ New Church of St. Richard, 7601 Penn Avenue Retail On-Sale November 1, only - Bread for the World Charity Tavern Renewal Academy of the Holy Angels Retail On-Sale September 28 carnival A11 ayes - Carried. Motion by Anderson, seconded by Jacobsen, that the following taxicab licenses be approved: Taxicab Driver Renewal Kenneth M. Twieto, Route 1, Box 392 Waconia New Paul A. Macht, 6401 18th Avenue New Ronald E. Overlid, 8101 Upton Avenue All ayes - Carried. 22. Various Items Not on Agenda A petition (C-9663) was presented by a resident requesting the installation of a "stop-sign" at 67th Street and Humboldt. Motion by Anderson, seconded by Ludeman, to set a hearing on this item for the council meeting of October 27, 1975. All ayes - Carried. Councilman Jacobsen submitted a letter from Mr. and Mrs. Guy T. Farrington (C-9'664) reporting on their attendance of a meeting of the state highway depart- ment relating to the installation of noise barriers along 35W and expressed their opposition to the installation of barriers around Wood Lake. 23. License Application for Toy Pony Council Meeting. Minutes -11- 22 September 1975 Mr. Richard Anderson, 14100 West 66th Street, Eden Prairie, appeared and requested approval of his license application for coin operated amusement devices to be placed in his establishment named the Toy Pony at 6I1 East 77th Street. Motion by Ludeman, seconded by Jacobsen, to approve licenses for 16 coin operated amusement devices, l retail candy shop and 1 soft drink with the stipu- lation that the establishment not open until 1:00 PM on Sundays. Po11 of votes: Ayes - Jacobsen, Ludeman, Luettinger, Law. Hayes - Anderson. Carried. 24. Adjournment Motion by Anderson,. seconded by Jacobsen, that the meeting adjourn.. A11 ayes - Carried. 12:00 PM. o' Date Approved; October 14, 1975 Loren L. w r 0