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11-24-1975CITY OF RICHFIELD REGULAR MEETING November 24, 1975 The Council of the City of Richfield met in regular session in the Council Chambers of the City Ha11 on Monday, November 24, 1975 at 7:00 PM. Councilman Ludeman gave the invocation. The meeting was called to order by Mayor Law. Present; Jacobsen, Ludeman, Luettinger, Law Absent; Anderson (Arrived at 7;05 PM) 1. Minutes Motion by Ludeman, seconded by Jacobsen, that the minutes of the November 10, . 1975 meeting be approved as presented. All ayes - Carried. Absent - Anderson Councilman Anderson arrived at 7:05 PM. 2. Public Safety Department Presentation of Commendation to John Clarke Public safety director, Tom Morgan, presented a departmental commendation award to Sergeant John Clarke in appreciation for his 22 years of service to the public safety department. Sergeant James Wright, president of the Police Officers Federation, presented Sergeant Clark with a plaque, retiring Badge No. 19. Sergeant Clark's family was also introduced. 3. Lyndale/Hub/Nicollet Commercial Improvement Program The planning director directed the city council's attention to the findings for approval of the redevelopment plan as presented at the November 10, 1975 public hearing. City attorney, Clayton LeFevere, outlined the legal steps required of the council on this plan. Ralph Bruins, president of Summit State Bank, summarized the activities of the Commercial Improvement Committee and reported that the committee recommends adoption of the plan. He also read from a letter by a developer indicating a willingness to build a multiple dwelling unit in the area. Council Meeting Minutes -2- November 24, 1975 Peter Jarvis, consultant from Bather, Ringrose, Wolsfeld, Inc., reported on the importance of attracting a major business to anchor the project. John Kenealey, chairman of RING Committee, reported that the committee has accepted the project in concept, but that they are not in favor of extending the area around the Richfield Bank. John Langer, of Korner Plaza, discussed various aspects of the development and expressed reservations about the financing and implementation of the plan. He also indicated he was not in favor of the plan. Marvin Stillman, president of Flowertown, asked if any provision had been made for business interruption and for employees who would be out of work during the development. Jerry Trestman, of Trestman Music Center, asked about changes in rent by private developers. Bud Shapiro, a partner of Flowertown, asked what alternatives were available should a business not approve of their new location. Norman. Stillman, 5127 Knox, said he was the owner of the property that Flowertown occupies and that he had not received notices of the meetings. Dr. Richard E. Burman, from the Richfield Medical Center on 65th and Nicollet, commented on his lack of understanding as to how the project would affect his building and expressed concern about the closing of 65th Street. Harrison Wells, 7500 Aldrich, requested that a copy of the plan be sent to each taxpayer. Sister Charlotte Ann, 6600 Nicollet, asked about the proposed left turn lanes on Nicollet Avenue and how this improvement would be financed. Leonard Hedahl, 6627 Grand, expressed concern about financing by the HRA. Clark Belford, 6701 Grand, suggested putting the financing of the L/H/N on a referendum. Council Meeting Minutes -3- November 24, 1975 Wayne Johnson, 6727 12th Avenue, said he felt a businessman should be allowed to make this decision. Lawrence Wozniczka, 6744 Wentworth, asked questions about the estimated financing figures. 2'he planning director reviewed the proposed funding plan of the project and answered questions. City attorney, Clayton LeFevere, clarified the legal basis of presenting the plan to the voters and indicated a referendum is not provided for by statute. " This_isa matter solely_in the hands of the council's determination. President of the Summit State Bank, Ralph Bruins, 7210 Dupont, reviewed what had transpired at the last hearing. He also summarized information he had received directly from prospective business people interested in locating in the project. Gertrude Ulrich, 7601 Aldrich, spoke in favor of the project. Richard L. Hanson, 6313 Aldrich, owner of the Old Chestnut Forge, also spoke in favor of the project. Lawrence Wozniczka, 6744 Wentworth, expressed concern about the boundaries, requested making a financial report available to the residents and encouraged reduction of property taxes for everyone. City manager, Wayne Burggraaff, expressed his concern as to what would happen to Richfield if no plan is adopted. Jim Keegan, 911 West 66th Street, spoke in general favor of the plan but indicated he felt it should be reduced in size. Joe Ertman, 7533 3rd Avenue, and Mark Ahlquist, 6465 Lyndale, both spoke in favor of the plan. George Holter, 6424 Emerson, said he would like to see businesses be allowed to make their own decision. Council Meeting Minutes -4- November 24, 1975 Councilman Luettinger indicated he thought this hearing should be continued to one more meeting. He expressed concern that the taxpayers have sufficient opportunity to understand that the residents may be indirectly supporting the project because of shifting property taxes resulting from freezing values in the project area. He felt that, whether taxes went up or down, the citizens should be made aware of the shift in values from commercial to residential, which may affect the property tax. Motion by Jacobsen, seconded by Anderson, to close the hearing. Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Law. Nayes - Luettinger. Carried. 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. 5445 FINDINGS AND DETERMINATIONS BY, AND RESOLUTIONS OF THE CITY COUNCIL OF THE CITY OF RICHFIELD, MINNESOTA, RELATIVE TO AND APPROVING A REDEVELOPMENT PLAN FOR AN URBAN RENEWAL PROJECT FOR THE LYNDALE-HUB-NICOLLET AREA IN RICHFIELD, MIlVNESOTA, ENTITLED "LYNDALE-HUB-NICOLLET COMMERCIAL IMPROVEMENT PROGRAM" DATED OCTOBER 15, 1975 Po11 of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None. Carried. This resolution appears as Resolution No. 5445 in Resolution Book No. 37. Motion by Jacobsen, seconded by Luettinger, to refer back to the HRA the concern of the council about the boundary areas in the plan and to request the HRA to study and make recommendations on possible changes. A11 ayes - Carried. Motion by Jacobsen, seconded by Luettinger, to encourage the "Richfield Sun" to include in the article on this matter an explanation of the fact that freezing the value in the project area could result in taxpayers indirectly supporting the project through a slight increase in their property tax. All ayes - Carried. Council Meeting Minutes -5- November 24, 1975 4. Application for Special Use Permit for Home Occupation, 367 Apple Lane City planning director, Richard Krier, presented the request of Ms Faye Alvarez to allow her to have an employee in a beauty salon in her home and reported the planning commission had recommended issuance of a special use pern-it with the stipulation that the permit be limited to one part-time person. Motion by Jacobsen, seconded by Luettinger, to close the hearing. All ayes - Carried. Motion by Jacobsen, seconded by Luettinger, to approve the special use permit 'with the stipulation that all codes be complied with. All ayes - Carried. 5. Approval of Minutes, Tabulations of Bids and Award of Contract for Backwash System Motion by Jacobsen, seconded by Anderson, that the minutes and bid tabulation be accepted as presented. Z'he manager informed the council that funds are available for this project from the Community Development Block Grant ($40,000) and water department revenues ($33,500). Motion by Anderson, seconded by Jacobsen, to approve the city manager's recommendation to accept the low bid of L. A. Shank Plumbing and Heating, Inc. in the amount of $73,500. All ayes - Carried. 6. Approval of Agreement for 1975 Auditing Services Motion by Jacobsen, seconded by Anderson, to approve the proposed contract for auditing services for the year ending December 31, 1975 with the CPA firm of Olson ~ Clough, 7514 Oliver Avenue. All ayes - Carried. 7. Purchases in Excess of $1,000 Council Meeting Minutes -6- November 24, 1975 Wayne Burggraaff, city manager, reported that the city had been contacted by Halla Nursery representatives who indicated they had misquoted on their bid of $3,600 for ten trees by $1,000. The council approved this bid at the November 10, 1975 council meeting, but since this price revision, Halla Nursery is no longer the low bidder. The low bidder now becomes Minnesota Trees in the amount of $3,816. Motion by Jacobsen, seconded by Ludeman, to approve the manager's recommendation to revoke the council's action of November 10, 1975 and approve this purchase from the new low bidder in the amount of $3,816. All ayes - Carried. 8. Authorization to Call for Bids for Chemicals for Water Treatment Plant Motion by Anderson, seconded by Jacobsen, to authorize the manager to call for bids for chemicals used at the water treatment plant to be received on December 18, 1975. All ayes - Carried. 9. Intersection Control Re ort Public safety director, Tom Morgan, presented additional criteria for traffic control devices applicable to situations in the city of Richfield in response to the request of the council at the October 27, 1975 meeting. Motion by Jacobsen, seconded by Luettinger, to approve the criteria as recommended by the manager. A11 ayes - Carried. Mr. Robert Solheim, 6425 Vincent, requested the installation of 4-way stop signs at 64th and 65th and Vincent in place of the existing 2-way stop signs. Motion by Jacobsen, seconded by Law, to authorize the staff to investigate the traffic volume on these intersections, also at 68th and Logan, and report to the council at the December 8th meeting. All ayes - Carried. Council Meeting Minutes -7- November 24, 1975 10. Off-Street Parking Contract, 721 West 77 1/2 Street The applicant, Robert Adelman, 1420 E. County Road 42, Burnsville, was present and requested approval of his application for an off-street parking contract for a commercial building proposed for location at 721 West 77 1/Z Street. 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. 5446 RESOLUTION APPROVING LAYOUT AND CONTRACT FOR OFF-STREET PARKING IN ACCORDANCE WITH APPLICATION NO. 75-5 Robert F. Adelmann 805 West 77 1/2 Street Use: Paint Store Clerk's File No. 9683 Po11 of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None. Carried. This resolution appears as Resolution No. 5446 in Resolution Book No. 37. 11. Request for Sign Permit, St. Richard's Church Motion by Luettinger, seconded by Jacobsen, to approve the application of St. Richard's Church to erect a sign on their property at 76th and Penn. All ayes - Carried. 12. Establishment of Hearing Dates for 1976 On-Sale Liquor Licenses Motion by Anderson, seconded by Jacobsen, to schedule the date of hearing of applications for renewal of on-sale liquor licenses for the Left Guard Restaurant and Minotte's for December 8, 1975. A11 ayes - Carried. 13. Petition Concerning Construction of Noise Barriers to 64th Street and Emerson Avenue Marshall Raaen, acting public works director, reported that all residents on Council Meeting Minutes -8- November 24, 1975 the 6400 block of Eoaerson Avenue had been contacted and none had indicated a desire to change his position on the erection of the noise barrier. Fred Axelson, 6408 Emerson, requested delection of the noise barrier wall between 6430 and 6400 Emerson Avenue proposed on 35W. George Holter, 6430 Emerson, spoke in favor of this request. Motion by Luettinger, seconded by Jacobsen, to request the staff to contact the state to determine if they would be willing to move back the fence to the proposed wall and then resurvey the residents. A11 ayes - Carried. 14. Receiving and Filing of City Audit for 1974 Motion by Ludeman, seconded by Jacobsen, to receive and file the city's audit report for 1974. All ayes - Carried. Motion by Luettinger, seconded by Ludeman, to place discussion of this item on the next council agenda. All ayes - Carried. 15. Resolution Concerning Suburban Hennepin County Nursing Service. Motion by Ludeman, 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. 5447 A RESOLUTION RELATING TO PARTICIPATION IN THE SUBURBAN HENNEPIN COUNTY NURSING DISTRICT Po11 of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None. Carried. This resolution appears as Resolution No. 5447 in Resolution Book No. 37. Council Meeting Minutes -9- November 24, 1975 16. Request from Animal Humane Society Motion by Luettinger, seconded by Law, that this item be deferred. A11 ayes - Carried. 17. Discussion of National League of Cities Conference Mayor Law requested council permission to attend the 51st Annual Congress of Cities Conference to be held in Miami Beach, Florida, November 30 through December 4, 1975. Motion by Jacobsen, seconded by Ludeman, to authorize Mayor Law to represent Richfield at the National League of Cities Conference. All ayes - Carried. Abstained - Law. 18. Discussion of Administrative Matters Councilman Luettinger requested that this item be placed on the agenda and council discussed a number of administrative items which did not require any formal action. It was requested that the minutes of the HRA joint meeting with the Planning Commission of October 15, 1975 be included on the agenda of the next HRA meeting. General discussion was held on the newspaper reporting of the council meetings and there was concern expressed that these reports failed to include council rationale as to why each member voted the way he did. There was similar concern regarding the council minutes. Motion by Jacobsen, seconded by Ludeman, to request the mayor to write a letter to the editor of the official newspaper explaining the council's concern in this regard. A11 ayes - Carried. 19. Payments and Estimates Motion by Jacobsen, seconded by Ludeman, that the following payments and estimates be allowed; Council Meeting Minutes -10- November 24, 1975 A. Wenzel Plumbing & Heating, Inc., Estimate No. 6, Contract No. 2191 97% complete, City Project No. 667, 1975 Street Lighting, Areas 7, 8, 9, 12A and 12B - $87,110.10 B. Henry 0. Mikkelson Co., Estimate No. 1, Contract No. 2202, 61% complete, City Project No. 673, Tennis Court Development, Donaldson Park - $13,201.59 C. Concrete Curb Co., Inc., Final Payment. City Project No. 668, Memorial Park Tot Lot, Concrete Work for Water Slide,- $2,050.00 D. Lundin Construction Co., Inc., Riegger Roadways, Inc., Estimate ~~7, Contract No. 2192, 99% Complete, City Project No. 667, 1975 Permanent Paving, Areas 7 and 9 - $96,236.90 E. Minnesota Valley Surfacing Co., Estimate No. 7, Contract No. 2193, 99% Complete, City Project No. 667, 1975 Permanent Paving, Areas 8, 12A and 12B - $23,136.01 A11 ayes - Carried. 20. Claims and Payrolls Motion by Anderson, seconded by Luettinger, that the following claims and payrolls be allowed: RICHFIELD BANK AND TRUST AMOUNT Checks 21188/21668 $1,495,916.90 SUMMIT STATE BANK Checks 9092/9134 General 360,035.65 Checks 7996/9426 Payroll 117,057.37 All ayes - Carried. 21. Licenses Motion by Jacobsen, seconded by Anderson, that the following licenses be approved: Fee Waived Renewal Assumption Church, 305 E. 77th Street Renewal St. Richard's Church, 7601 Penn Avenue Renewal Wooddale Baptist Church, 7101 Nicollet Renewal Lyndale Liquor Store, 6444 Lyndale Avenue Renewal Cedar Liquor Store, 6636 Cedar Avenue Renewal Richfield Police Federation, 6700 Portland Food, Soft Drink Bingo, 1 day 1975 and year 1976, Food, Soft Dr Commercial Incinerator Ice Machine, Soft Drink Ice Machine, Soft Drink Soft Drink 1 Council Meeting Minutes -ll- Licenses (Continued) Rem New Nick Minotte's, 708 W. 66th Street Renewal Thomas J. Snow, 6955 Penn Avenue Renewal Belle Rutman, 6400 Lyndale Avenue Renewal United Rent A11s, 2200 W. 66th Street Renewal Blaylock Plumbing, 7731 4th Avenue Renewal 't'hree-M Co., 1620 E. 78th Street Renewal First Federal Savings, 6445 Nicollet Renewal Cookie Jar Bakery, 6532 Penn Avenue Renewal Mr. Steak, 1420 E. 78th Street Renewal Mr. John's Olympic Hair, 6337 Penn Avenue Renewal Red Owl, 6601 Nicollet Avenue -Renewal Mr. Steak, 6345 Penn Avenue Renewal Country Club Market, 6528 Penn Avenue Renewal Blake & Son, 3340 34th Avenue Renewal Sambo's, 6344 Penn Avenue Renewal Country Kitchen, 6531 Lyndale Renewal Short Stop Superette, 7034 Cedar Renewal Walgreen Drug, 12 W. 66th Street Renewal 7-Eleven, 1115 E. 66th Street Renewal 7-Eleven, 6949 Nicollet Avenue Renewal Country Club Market, 6528 Penn Avenue Renewal Shakey's Pizza, 500 E. 78th Street Renewal American Legion, 6501 Portland Renewal Los Bravos, 1504 E. 78th Street Taxicab Drivers New Danile J. Helgesen, 7433 W. 128 Street New Lawrence T. Sundquist, 3543 21st Avenue New William J. Pence, 5103 Garfield Avenue New William Easley, 5745 25th Avenue S. New Keith Paceley, 671 Sherburne Street New Daniel F. Henson, 3547 39th Avenue S. New Jerald L. Eckerman, 3303 15th Avenue New Larry T. Elder, 3824 45th Avenue S. New Lee E. Lefrooth, 4126 North Rice St., St. Paul Renewal Bernhard J. Hedstrom, Jr., 5125 37th Avenue S. Renewal James J. Rahe, 281 River Woods Zane, Burnsville A11 ayes - Carried. November 24, 1975 Food, Soft Drink Christmas Tree Christmas Tree Truck Rental Soft Drink Soft Drink Commercial Incinerator Food Food Soft Drink Off-Sale Beer, Ice Machine, Food, Add'1. Food, Soft Drink, Cigarette Cigarette, Food, Soft Drink Food, Add'1. Food, Vending Mach., Soft Drink, 2 Cig. Garbage Hauling Cigarette Music Box Off-Sale Beer Off-Sale Beer Off-Sale Beer Off-Sale Beer Off-Sale Beer 2 Coin Operated Amuse. Mach. 4 Billiard Tables, 1 Coin Operated Amuse. Mach~.ne, 1 Music Box 1 Music Box 22. Discussion on December 10, 1975 MTC Meeting (Not on Agenda) Council discussed the upcoming meeting of the Bloomington City Council with the MTC on December 10, 1975 for the purpose of discussing the site of 34th Avenue Council Meeting Minutes -12- November 24, 1975 ..~ s ~~; and Crosstown Freeway for their garage. -°~ `~ Motion by Luettinger, seconded .by Lud;eman aha~ ;..~h~ _ ~ol:~©w~~.g.:resaluti4n: _ be adopted; that it be spread i~n the; .resolution book. ands that.•; it be m~.de.. a,.part ;., ' .. ~ '~"' *`4: of these minutes: .. ,. RESOLUT~ON:,:;NO. -.;5448 <:. RESOLUTION RELATING TO THE LOCATION OF THE METROPOLITAN.~RANSIT BUS GARAGE IN THE SOUTH HENNEPIN AREA Po11 of votes: Ayes - Anderson, Jacobsen, Ludeman_, Carried. This resolution appears as Resolution No. 23. Discussion of Golf Course on MAC Property (Not Motion by Luettinger, seconded by Jacobsen, to Metropolitan Airports Commission in terms of the Po Luettinger, Law, - Nay~~ a-- ~No~ 5448 in Resolution Book No. 37. r: on Agenda) request a variance ,,fr,4~-,.~..,., •: Llution Control Agency noise requirements to enable the city to proceed with the leasing of land near the airport for golf course purposes. All ayes - Carried. 24. Adjournment Motion by Jacobsen, seconded by Luettinger, that the meeting adjourn. _ A11 ayes - Carried. Time: 1:55 AM, November 25, 1975. - - - - -- ~ ~" Date App ed: December 8, 1975 ~~ ;~~~!'~~` omas J. Mg City Clerk . _ ~- re Law o Way a S. Burggraa Cit ger z: 1. _;_ ~._ .:a: _ - ~•'C7 /~ ~L~~ ' v ~r~~L::zt ~o ,=~z~,~. r~~<: ~.~.~; ,~~ ~~~, :Zu~~-~~,i ~..,;. ~ y~~ ~< ~~ meeting. of the administrative •. cif ~~a,.: ~ `e r='~ ;`~ ~~ r C:>..- ~~ -Wd~fi~~ :t33ur;f?7° ', ~ -~, ~ ` ~ ;.1, Manager, who announced that ~'~b~ P` rp,~, rya ~~z~ ,~->~ ~ i :~. ~~~ ~•~as - .. recc-3 •,.: _> ~ °•_ ~ 'read aloud, sealed bids on 'L'~il~au~ ''..~G7...~r1;`~3 ,'7*,lt~ ,~''tt*-:.~;:1.?<)~.l'S1C ~~f~~~. ~~`.-' .~.C~ .~ e a ~':.:,1 3.n the official newspaper on .,, .. •~,~ _>~: ~>~•... ;,-~G,.a; , `,~?`r~praaff, City Manager ~~i~e~.~ 'e' s;r~9 Public Works Director _5a°.?~ er s°c ;: ~ ier, .Planning Director _ , ~ +._ ::.,-_- ;,,i, Water Department Supervisor `-'~~~:;,:<.~ a~ioran, City Clerk `~i•: ~:r$ ~,.C~' ~~'~"~'~3'Y;Ci~: Z.,«L__ r ~i"~rrwh ~' ~'~'_~ c~,~.'~ "i.C'.." 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