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02-09-1976• - CITY OF RICHFIELD . REGULAR MEETING February 9, 1976 P i - The Council of the City of Richfield met in regular session in the Council Chambers of the City Hall on Monday, February 9,.1976 at 7:00 PM. Mr. Tom Hipkins, laymember of the Evangelical Free Church, gave the invocation, The meeting was called to order by Mayor Law. Present: Anderson, Jacobsen, Luettinger, Ludeman, Law Absent: None ~ - 1.. Minutes Motion by Ludeman, seconded by Luettinger, that the following corrections be made to the minutes of the January 22 and January 26, 1976 meetings: January 22 Minutes Page 2 Motion by Ludeman, seconded by Jacobsen, to direct the city manager to have a pay plan study made for _ - the general services pay plan and management pay - plan and to report back to the city council in March, Page 3 Motion by Ludeman, seconded by Jacobsen, to reject - the city manager's recommendation and previous method. • •of setting management salaries .and to limit~l976 :~- salary. adjustments to no more than seven percent or . - $1,300 per year for any one indivi.dual,, whichever is less. Page 5 Change "February" to "January". -January 26 Minutes - Page 8 - Other Items Councilman Ludeman agreed to attend the meeting called by the Mayor•of Brooklyn Park at the Minnetonka -City Ha11 on January 28. The purpose of the meeting is to discuss. tax structure of suburban municipalities versus city of Minneapolis. . All ayes - Carried. • 2._ _Presentation of Certificate of Ap.preeiation to .Sister Weller for'Past Service on City Commission. • Mayor Law presented a certificate of appreciation to Sister.Hubert Weller i in recognition of her service on the Senior Citizens Advisory Commis-ion from August,-1973 to January, 1976. ., Council Meeting Minutes -2- February 9, 1976 3. Street Width Determinations for 1976 Street Improvement Project Wayne S. Burggraaff, City Manager, reviewed the background of the 1976 street improvement project. He stated that while the normal residential street width was 36 feet, the city council had agreed to consider dubstantial deviations from this policy in the area north of 66th Street between 35W and Penn Avenue due to tree and terrain problem. He reported that in accordance with city council direction several meetings had been held with residents and a survey had been conducted to determine the prevailing preferences of property owners for street widths. Public-Works director, Peter Ebert, summarized the results of the street width survey in which approximately 600 individual parcels were surveyed with 360 survey cards returned. Mr. Ebert further stated that although there will be no parking restrictions at this time, if public safety problems should develop in the future, residents should be aware that parking restrictions may be implemented. He also presented the staff recommendation contained in Council Letter No. 39 for a council policy on parking restrictions for street widths less than 36 feet as follows Street Width Parking Restrictions 34 - 36' None 28 - 32' Parking permitted on one side only Less than 28' No parking permitted The following residents appeared and expressed their opinions about the proposed street widths and parking restrictions: John Lindquist, 6500 Newton Tom Harms, 6400 Morgan Jerome C. Sheehan, 6444 Newton Glenda Fulkerson, 6404 Logan Mrs. Joan Chouinard, 6444 Morgan, Read a letter from the Minnesota Environmental Control Citizens Assoc.(C-9696) Dick Kaufman, 6445-James Clarence Anderson, 6420 Knox Mrs. Kenneth Hi11, 6332 Girard Jerry Olson, 6401 Logan Maurice Ellison, 6424 Morgan John Marsicano, 6515 Knox Ronald Bay, 6521 Knox Council Meeting Minutes -3- February 9, 1976 Jon Eagle, 6421 Morgan John Hutchinson, 6504 Logan Jerry Wasick, 6221 Logan Delores Holl, 6434 Irving Joyce Dingman, 1800 W. 66th Street John Chouinard, 6444 Morgan James Costello, 6524 Knox Mrs. Gary Barnes, 6525 Newton Evan Haaheim, 6405 Knox Tom Schuller, 6538 Newton J. R. Wicklund, 6328 Morgan Motion by Jacobsen, seconded by Anderson, to defer decisions on parking restrictions until such time as hazardous conditions for vehicles or pedestrians and other parking problems develop. All ayes - Carried. Motion by Jacobsen, seconded by Anderson, that the following "non-problem" streets be constructed in widths of 34' to 36' as listed in Council Letter No. 39: 1. 2. 3. 4. 5. 6. 7. Oliver Avenue from 62nd to 66th Street Logan Avenue from 62nd to 63rd Street James Avenue from 62nd to 63rd Street Irving Avenue from 62nd to 63rd Street Humboldt Avenue from 62nd to 63rd Street Girard Avenue from 62nd to 63rd Street 63rd Street from Penn Avenue to 35W All ayes - Carried. Newton Avenue, 62nd to 66th Street The following residents appeared in interest regarding this area: Jerome Sheehan, 6444 Newton Robert Vaa, 2016 West 64th Street Donald Nelson, 6430 Logan Ron Darling, 6435 Logan Motion by Jacobsen, seconded by Luettinger, to set the width of Newton Avenue from 62nd Street to 66th Street at 28 feet. All ayes - Carried. Morgan Avenue, 62nd to 66th Street Council Meeting Minutes -4- February 9, 1976 The following appeared in interest regarding this location: J. R. Wicklund, 6328 Morgan Lowell Turner, 6244 Morgan Robert J. Anderson, 6330 Morgan James D.~Lynn, 6510 Morgan C. R. Hollenbeck, 6335 Morgan Motion by Luettinger, seconded by Jacobsen, to set the width of Morgan Avenue as follows: 62nd Street to 63rd Street 30 feet 63rd Street to 64th Street 28 feet 64th Street to 66th Street 26 feet All ayes - Carried. Logan Avenue, 63rd to 66th Street The following people appeared in interest: Jerry Olson, 6401 Logan Connie Murray, 6512 Logan Motion by Jacobsen, seconded by Luettinger, to set the width of Logan Avenue as follows: 63rd to 64th Street 32 feet 64th to 66th Street 26 feet All ayes - Carried. Knox Avenue, 63rd Street to 66th Street The following residents appeared in interest; Ed Furness, 6520 Logan Kitty Nash, 6424 Knox John Marsicano, 6515 Knox Bob Diercks, 6415 Knox Jerry Ronning, 6336 Knox Motion by Jacobsen, seconded by Luettinger, to set the width of Knox Avenue as follows: 63rd to 64th Street 28 feet 64th to 66th Street 24 feet All ayes - Carried. Council Meeting Minutes -5- February 9, 1976 James Avenue, 63rd Street to 66th Street The following residents appeared in interest regarding this area: Rosamer Holl, 6434 Irving Donald Gantriis, 6520 James Motion by Ludeman, seconded by Jacobsen, to set the width of James Avenue as follows: 63rd to 64th Street 30 feet 64th to 66th Street 26 feet All ayes - Carried. Motion by Anderson, seconded by Jacobsen, to taper from the 66th Street opening to the established street widths where it can easily be done, but if the tapering involves tree removal, change the 66th Street opening to the established street width and report all changes back to the council. A11 ayes - Carried. Irving Avenue, 63rd to 66th Street The following residents appeared in interest: Jim Goebel, 6421 Irving J. T. Gallager, 6320 Irving David Juberien, 6501 Irving Rosamer Ho11, 6434 Irving Bob Robinson, 6438 Irving Motion by Ludeman, seconded by Jacobsen, to set the width of Irving Avenue as follows: 63rd to 65th Street 65th to 66th Street 32 feet 30 feet, subject to polling of the residents by the staff and bringing the results back to the council. A11 ayes - Carried. The city clerk received a letter from Aaron David Larson, 6510 Irving Avenue, (C-9697) stating any decision over 28 feet would adversely affect his property. Council Meeting Minutes -6- February 9, 1976 Humboldt Avenue Motion by Anderson, seconded by Jacobsen, to set the width of Humboldt Avenue from 63rd Street to 66th Street at 30 feet, A11 ayes - Carried. Girard Avenue, 63rd to 66th Street 7.'h.e following residents appeared in interest: Steve Wydella, 6416 Girard Don Hi11, Jr., 6520 Girard Mrs. Fanny Hill, 6520 Girard Carol Sheldon, 6539 Girard Motion by Jacobsen, seconded by Ludeman, to set the width of Girard Avenue as follows: 63rd to 64th Street 30 feet 64th to 65th Street 32 feet 65th to 66th Street 30 feet and to remove the cottonwood trees on 66th Street since they present a safety hazard. A11 ayes -.Carried. Robert Vaa, 2016 West 64th Street, appeared and requested preserving the trees. Motion by Anderson, seconded by Ludeman, to set the width of 64th Street as follows: Oliver to Morgan 26 feet Morgan to James 30 feet James to 35W 34 feet A11 ayes - Carried. Motion by Jacobsen, seconded by Ludeman, to direct the staff to investigate the erection of a stop sign at 64th and Oliver after the street construction is completed. A11 ayes - Carried. Council Meeting Minutes -7- February 9, 1976 65th Street ' Mrs. L, J. Loomis, 6501 Newton, inquired about trees on her property. Motion by Jacobsen, seconded by Anderson, to set the width of 65th Street as follows: Penn to Oliver 36 feet Oliver to Newton 30 feet Newton to 35W 28 feet A11 ayes - Carried. 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. 5489 RESOLUTION DETERMINING VARIOUS STREET WIDTHS IN THE 1976 PERMANENT STREET IMPROVEMENT PROJECT CITY PROJECT 674 Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None. This resolution appears as Resolution No. 5489 in Resolution Book No. 38. 4. Amendment to the Ordinance Code Relating to Amusement Devices Bi11 No. 1976-3, "An Amendment to Chapter V, Part II of the Ordinance Code of the City of Richfield, Minnesota", an ordinance relating to amusement and recreation, was read and reviewed by Attorney John Dean, the same being on file in the office of the city clerk (C-9690). Mr. Dean noted the changes that had been incorporated in the ordinance since the first reading. Mrs. Marilyn Lehman, 7521 4th Avenue, spoke against lowering the age limit to 14. Art McDonald, 6821 Oakland, spoke in favor of allowing younger people enter the arcades and not limiting the business in such a way that would make it impossible to operate. Allen Swartz, representing the board of directors of the nursing home at a Council~Meeting Minutes -8- February 9, 1976 7721 Portland, reiterated his previous testimony on the Toy Pony of December 22. Wayne Hanson, of 4134 Zane Avenue in Robbinsdale, spoke in favor of no age restriction for people to participate in arcades. Mrs. Margaret Hessberg, 631 E. 77th Street, spoke in favor of the proposed ordinance and against the operation of the Toy Pony. Ronald Benson, 6509 18th, spoke in general favor of the ordinance except for the age limit. He also stated he felt the age restriction in the ordinance was punitive. Roger Stearn, 6625 Newton, and Dean Hanson, 6600 Oakland, both spoke against the age limits in the ordinance and about the responsibility of younger people. Phil Kettering, 6620 Oakland, spoke of the effect on the neighborhood this type of business causes. Wesley Hanson, 9707 Oakland, Bloomington, spoke of other entertainments for youth located near the Seventh Hour. Motion by Jacobsen, seconded by Ludeman, to-amend the proposed ordinance according to the city attorney's suggestion and change Subdivision 7, Paragraph 6 to read as follows: 6. No person under the age of 14 shall be permitted to enter or remain upon any part of the licensed premises unless accompanied by his parent or legal guardian. Poll of votes: Ayes - Jacobsen, Ludeman, Luettinger, Law. Nayes - Anderson. Carried. Mr. Robert M. Hanson, 6600 Oakland, the manager of the Seventh Hour, spoke in behalf of allowing younger persons on the premises if accompanied by an older sibling. Roger King, 6631 Oakland, spoke in opposition to Mr. Hanson's suggestion. Motion by Luettinger, seconded by Ludeman, to close the hearing. All ayes - Carried. ' Council Meeting Minutes -9- February 9, 1976 Motion by Luettinger, seconded by Ludeman, that this constitute second reading of Bi11 No. 1976-3; that it be published in the official newspaper and that it be made a part of these minutes: Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None. Carried. 5. Decision on Whether to Issue Amusement Device Licenses to Toy Pony (Hearing Closed January 12, 1976 The City Manager reviewed the alternatives available to the council in making their final decision on whether to grant or deny the amusement device licenses. The City Manager indicated one of the alternatives was to deny the licenses, but stay the action for a period of time to allow the licensee to correct the problems and propose an improved operating procedure and that there was a resolution prepared according to this alternative. Motion by Ludeman, seconded by Luettinger, to deny the issuance of licenses to the Toy Pony. Poll of votes: Ayes - Luettinger, Ludeman. Nayes - Anderson, Jacobsen, Law. Motion failed. Motion by Law, 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. 5481 RESOLUTION DENYIlVG GENERAL AMUSEMENT LICENSES TO ESTABLISHIKENT AT 611 EAST 77TH STREET Poll of votes: Ayes - Anderson, Jacobsen, Luettinger, Law. Nayes - Ludeman. Carried. J This resolution appears as Resolution No. 5481 in Resolution Book No. 38. 6. Decision on Whether to Issue Amusement Device Licenses to the Seventh Hour (Hearing Closed January 12, 1976) Motion by Anderson, seconded by Luettinger, that the following resolution be Council Meeting Minutes -10- February 9, 1976 adopted; that it be spread in the resolution book and that it be made a part of these minutes; RESOLUTION N0. 5482 RESOLUTION DENYING GENERAL AMUSEMENT LICENSES TO ESTABLISHMENT AT 609 EAST 66TH STREET Po11 of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None. Carried. 't'his resolution appears as Resolution No. 5482 in Resolution Book No. 38. Dean Hanson, 6600 Oakland, spoke in opposition to the mosition. 7. Hearing on Community Development Block Grant Program Planning Director, Richard, Krier, reviewed the amended housing assistance plan and the amended community development plan at this second of two scheduled hearings which are technically being held as joint hearings with Hennepin County. Mr. Krier read the following communication from Connie Hoverson, president of the League of Women Voters (C-9698) endorsing the Community Development Block Grant Program; "The Richfield League of Women Voters wishes to commend the City Council and staff for the careful planning and forethough which has gone into the proposed program for utilization of the Community Development Block Grant funds. We feel that Richfield is at a crucial point in its history, when positive efforts must be made to arrest any existing or potential deterioration in commercial and residential property. Many of the city's homes are of an age where rehabilitation efforts now can have a significant beneficial effect upon them and on the condition of the city as a whole. We are there- fore particularly pleased that a significant amount of the money is to be spent for rehabilitating the housing stock of the city. The League has studied and supported comprehensive planning for the im- provement of our city for many years. We support your efforts to utilize these funds for such. purposes." Motion by Jacobsen, seconded by Ludeman, to close the hearing, All ayes - Carried. 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; Council Meeting rlinutes -11- February 9, 1976 RESOLUTION N0. 5483 THE COMMUNITY DEVELOPMENT PLAN AND PROGRAM AND THE HOUSING ASS ISTANCE PLAN Po1I of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. 1Vayes - None. Carried. This resolution appears as Resolution No. 5483 in Resolution Book No: 38. 8. Claims and Pa rolls Motion by Ludeman, seconded by Jacobsen, that the following claims and payrolls be allowed; RICHFIELD BANK & TRUST AMOUNT Checks ~'~21471/22694 $1,581,718.26 SUMMIT STATE BANK Checks ~~11109/11481 General 172,859.93 Checks ~~11I42/11471 Payroll 129,433.76 A11 ayes - Carried. 9. Recess Motion by Jacobsen, seconded by Luettinger, that the council recess and continue-its meeting at 7;.00 P1K February 10, 1975 following the HRA meeting. All ayes - Carried.. Time; 1;45 AM, February I0, 1976 Date Approved; Febr-nary 23, 1976 4 Lor n L. Law o `~ ~~ Thomas J..Mo~' City Clerk ~. .. l~ ,e ~. .Wayne S. Burggraaff ity anager