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03-08-1976CITY OF RICHFIELD REGULAR MEETING March 8, 1976 The Council of the City of Richfield met in regular session in the Council Chambers of the City Hall on Monday, March 8, 1976 at 7:00 p.m. Rev. Schmidt, Berea Lutheran Church, gave the invocation. The meeting was called to order by Council President Pro Tempe Vern Luettinger. Mayor Law was absent on other city business. Present: Anderson, Luettinger, Jacobsen Absent: Law, Ludeman 1. Approval of Minutes for Regular Meeting of February 23, 1976 Motion by Jacobsen, seconded by Anderson, that the minutes be approved a s printed . All ayes -carried. Absent -Law and Ludeman. 2. Hearing and Decision on Whether to Issue Amusement Device Licenses To Toy Pony . The City Manager reviewed previous council action where the City Council passed a resolution denying the license but staying action to March 8, .1976. He also reviewed a violation of the state law and city ordinance on gambling. The City Attorney noted that the signs indicated cash prizes, but the officer did not see actual payment. --Del Sins, inve~igative officer, presented testimony on his investigation and produced an actual sign removed from one of the machines. In response to a question, Agent Stevens reported that while he did not see the payment made, he was aware of an individual who had received such a payment. Councilman Ludeman arrived at 7:20 p.m. The applicant did not appear in person, nor was he represented at this hearing. Council Meeting ,Minutes -2- March 8, 1976 Motion by Anderson, seconded by Jacobsen to close the hearing. All ayes -carried. Absent -Law. 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 NO. 5496 RESOLUTION DENYING GENERAL AMUSEMENT LICENSES TO ESTABLISHMENT AT 611 EAST 77TH STREET All ayes -carried. Absent -Law. This resolution appears as Resolution No. 5496 in Resolution Book No. 38. 3 . Decision on Whether to Issue Amusement Device Licenses to the Seventh Hour . The City Manager reviewed previous council action where the City Council passed a resolution denying the license, but staying action to March 8, 1976. Mr. Ronald Benson, applicant, and Mr. Hanson, manager, appeared and read a letter on proposed operations . Mr. Robert King, 6631 Oakland, reviewed his survey on traffic on Oakland, reported on neighborhood harassment and spoke against this type of operation at this location. Mr. John Lebeck, 6624 Oakland, complained about bicycle traffic and indicated it is worse in summer. Marilyn Kettering, 6620 Oakland, spoke in behalf of children on the block that are under 10 years of age. Motion by Jacobsen, seconded by Ludeman, to close the hearing. All ayes -carried. Absent -Law. _ Council Meeting Minutes -3- March 8 , 1976 Motion by Anderson, seconded by Jacobsen to grant the licenses with two stipulations: (1) applicant apply for business establishment license, (2) amusement device licenses be subject to obtaining establishment license in accordance with the new arcade ordinance. All ayes -carried. Absent -Law. 3 . Request for Special Use Permit, Poppin' Fresh Pie Shop, 3000 W . 66th Street. Ted Judge, Poppin' Fresh Pies, 608 2nd Avenue South, Minneapolis, appeared and explained the request. Motion by Anderson, seconded by Jacobsen, to close the hearing. All ayes-carried. Absent -Law. Motion by Jacobsen, seconded by Anderson to approve the request for a special use permit with the following stipulations: (1) that new landscaping on the south and west sides be consistent in type and density to that which presently exists on the property, (2) that any necessary repairs be made to the driveway and parking area in conformance with the city's off-street parking requirements, (3) that existing shopping center driveway width be reduced by three feet and that a new apron be installed at the West 66th Street entrance to reflect the reduced driveway width. All ayes -carried. Absent -Law. 4. Request for Special Use Permit, .Group Family Day Care Home, 7509 13th Ave. Ms . Jenneane Anderson, 7509 13th Avenue, the applicant, appeared and spoke regarding her request fora special use permit. Janice Clancy, 7601 10th Avenue and Sue Kavalas, 1305 E. 78th Street spoke in favor. Council Meeting Minutes -4- March 8, 1976 Motion by Anderson, seconded by Jacobsen to close the hearing. All ayes -carried. Absent -Law. Mayor Law arrived at 8:15 p~ m. Motion by Ludeman, seconded by Jacobsen to approve the request for a special use permit for a group family day care home at 7509 13th Avenue with the following stipulations: (1) that the applicant have a foster care and day care license from Hennepin County, (2) if caring for over seven children, two adults must be present. All ayes -carried. 5. Request for Variance, 7501 Portland Avenue. The City Manager reviewed the proposal for two side yard variances and a front yard variance to the side and front yard requirements of the zoning ordinance . Mr. Dale Jacobson, 7501 Portland Avenue, applicant, appeared. Motion by Jacobsen, seconded by Ludeman to close the hearing . All ayes -carried. Motion by Ludeman, seconded by Jacobsen, to grant the request for a variance at 7501 Portland Avenue. All ayes -carried. 6. Final Irving Avenue Street Widths. The public works director reviewed the staff survey and reported on petitions (C-9701) and (C-9702) in favor of a 26 foot street width, 65th Street to 66th Street. Council Meeting Minute s -5 - March 8 , 19 7 6 Dave Juberien, 6501 Irving Avenue, spoke in behalf of petition. Rosamer Hall, 6434 Irving Avenue, reviewed his petition. Don Houlding, 7145 13th Avenue, spoke in favor of uniform 36 foot street width and replacing trees. Aaron Larson, 6510 Irving Avenue, spoke in favor of 26 foot street width. John Davis, 6500 Irving Avenue, felt his tree would go on 26 foot street width. William Savage, 6504 Ir=~ing Avenue and June Baker, 6519 Irving Avenue, also appeared. Motion by Jacobsen, seconded by Luettinger to close the hearing. All ayes -carried. Motion by Jacobsen, seconded by Luettinger, to set the width of Irving Avenue South, 65th Street to 66th Street at 28 feet. Poll of votes -Ayes -Anderson, Jacobsen, Luettinger, Law. Nayes -Ludeman. Carried . 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 NO. 5497 RESOLUTION DETERMINING VARIOUS STREET WIDTHS IN 1976 PERMANENT STREET IMPROVE- MENT PROJECT. IRVING AVENUE, 62nd STREET TO 66TH STREET. C . P. 674. Poll of votes: Ayes -Anderson, Jacobsen, Luettinger, Law. Nayes -Ludeman. Carried. This resolution appears as Resolution No. 5497 in Resolution Book No. 38. Council members stated that it was understood that parking restrictions may be necessary if traffic problems develop after construction is completed. Council Meeting Minutes -6- _ March 8, 1976 7. Request for Special Use Permit, Richfield Bank & Trust Company The applicant, Richfield Bank & Trust Company, requested that this item be deferred. joe Ertman, 7533 3rd Avenue, requested that this item be referred to the planning commission before council action is taken. Council members indicated that they did not feel that referral to the planning commission was necessary in this case. 8. Ordinance Amendment Relating to Fee Waived Licenses. First Reading. Bill No. 1976-6, "Amendment to Section 6.01, subdivision 8, paragraph (2) of the Ordinance Code of the City of Richfield" , relating to exemptions from the payment of license fees for food vending machines, was read and reviewed by the City Attorney, Clayton LeFevere, the same being on file in the office of the city clerk. (C-9703) . Motion by Luettinger, seconded by Jacobsen, that this constitute a first reading of Bill No. 1976-6, that it be published in the official newspaper and that the second reading of this ordinance amendment be scheduled for council meeting of March 22, 1976. All ayes -carried. 9. Report on Mayor and Council Member Salaries. Ralph Bruins, Chairman of a citizens committee for the purpose of reviewing council salaries, reviewed committee findings, recommending an annual salary of $5, 400 for Mayor and $4, 020 for council members . joe Ertman, 7533 3rd Avenue spoke in opposition. Dave Dahl, 7514 3rd Avenue, also spoke in opposition. Council Meeting Minutes -7- March 8, 1976 Gertrude Ulrich, 7601 Aldrich Avenue, spoke in favor and expressed her concerns about future officials. George Tellgren, 6937 Upton Avenue, also spoke in favor. Don Houlding, 7145 13th Avenue, asked about cost of living provisions. Bill No. 1976-7, "An Ordinance Amending Ordinance Code Section 12.02, subdivision 1, entitled "Compensation of Mayor and Council Members , " was read, the same being on file in the office of the city clerk. (C-9704}, Motion by Jacobsen, seconded by Anderson, that this constitute a first reading of Bill No. 1976-7, that it be published in the official newspaper and that the second reading of this ordinance amendment be scheduled for the council meeting of March 22, 1976. All aye s -carried . 10. Red Cross Expansion into South Hennepin Area. Motion by Jacobsen, seconded by Anderson, to defer this item indefinitely. All aye s -carried . 11. Approval of Plans and Specifications for 1976 Street Paving Project. 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 NO. 5498 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS TO BE RECEIVED ON APRIL 2, 1976 FOR PERMANENT STREET SURFACING , CON CRETE CURB AND GUTTER AND APPURTENANCES THERETO. City Project No. 674 Districts Nos . 10 and 11 Clerk's File No. All ayes -carried. This resolution appears as Resolution No. 5498 in Resolution Book No. 38. Council Meeting Minutes -8- March 8, 1976 .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 NO. 5499 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS TO BE RECEIVED ON APRIL 2, 1976, FOR ORNAMENTAL STREET LIGHTING AND APPURTENANCES THERETO City. Project No. 674 Districts No. 10 and 11 Clerks File No. 9705 All ayes -carried. This resolution appears as Resolution No. 5499 in Resolution Book No. 38. 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 NO. 5500 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS TO BE RECEIVED ON APRIL 2, 1976, FOR SOD RESTORATION AND TREE REPLACEMENT City Project No. 674 District No . 11 Clerks File No. 9706 All ayes -carried. This resolution appears as Resolution No. 5500 in Resolution Book No. 38. 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: Council Meeting Minutes -9- March 8, 1976 RESOLUTION NO. 5501 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS TO BE RECEIVED ON APRIL 9, 1976 FOR SOD RESTORATION AND TREE REPLACEMENT City Project No. 674 District No . 10 Clerk's File No. 9707 All ayes -carried. This rescl;ztion appears as Resolution No. 5501 in Resolution Book No. 38. 12. Request to Construct Backstop at Donaldson Park. Donald Brauer, Brauer and Associates, appeared and responded to city council questions . George Tellgren, 6937 Upton Avenue, reported on the Park and Recrea4lon Advi-sort' Commission's deliberations. Don Houlding, suggested a fence at the tot lot. The city council agreed that the improvement at Donaldson Park is probably necessary, but since the construction could not occur until after the current season the following action was taken: Motion by Anderson, seconded by Luettinger to defer this item to the last meeting in July, 1976. Poll of votes: Ayes -Anderson, Jacobsen, Ludeman. Nayes -Luettinger, Law. Carried . Motion by Luettinger, seconded by Law that a survey be conducted to determine where most foul balls are hit. All ayes -carried. Donald Brauer, Brauer and Associates, agreed to assist city staff in making the survey. Council Meeting Minutes -10- March 8, 1976 13. Lease Agreement with Hennepin County for Communications Equipmert. 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 NO. 5502 RESOLUTION APPROVING LEASE AGREEMENT WITH HENNEPIN COUNTY FOR COMMUNICATIONS EQUIPMENT All ayes -carried. This resolution appears as Resolution No. 5502 in Resolution Book No . 3 8 . 14. Authorization to Call for Bids -Water Meters. Motion by Jacobsen, seconded by Ludeman to authorize a call for bids for purchase of water meters. All ayes -carried. 15. Purchase in Excess of $l, 000. Motion by Jacobsen, seconded by Ludeman to approve the manager's recommendation for the purchase of traffic regulatory signs in the amount of $3,614.08. All ayes -carried. RECESS - 11:00 p, m. RECONVENE - 11:45 p. m. 16. Approval of Labor Agreement for 1976 with Police Supervisory Employees Bargaining Unit. 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 : Council Meeting Minutes -11- March 8, 1976 RESOLUTION NO. 5503 RESOLUTION APPROVING LABOR AGREEMENT BETWEEN CITY OF RICHFIELD AND THE RICHFIELD POLICE SUPER- VISORY EMPLOYEES BARGAINING Ulf?IT FOR THE YEAR 1976 Poll of votes: Ayes -Anderson, Jacobsen. Nayes -Ludeman, Luettinger, Law. Motion Failed . Motion by Law, seconded by Ludeman, to approve the agreement, amending article 27, page 19, to "employer agrees to conduct compensation study." This study would be submitted to the city council prior to 1977 negotiations . All ayes -carried. Motion by Law, 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 NO. 5503 RESOLUTION APPROVING LABOR AGREEMENT BETWEEN CITY CF RICHFIELD AND THE RICHFIELD POLICE SUPER- VISORY EMPLOYEES BARGAINING UNIT FOR THE YEAR 1976 All ayes -carried. This resolution appears as Resolution No. 5503 in Resolution Book No. 38. Motion by Law, 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 NO. 5504 RESOLUTION AUTHORIZING TRANSFER OF APPROPRIATIONS FROM THE 1976 CONTINGENCY TO PUBLIC SAFETY DEPARTMENT All ayes -carried. This resolution appears as Resolution No. 5504 in Resolution Book No . 3 8. Council Meeting Minutes -12- March 8, 1976 17. 1976 City Manager Salary, The Mayor requested that the City Manager leave the council meeting and remain in his office while the council discussed their evaluation of the city manager for the past year. The Mayor conducted discussion and read from a performance review form, He also reported comments submitted by members of the council. Other Council M~~mbers offered comments on the city manager's performance. The city council generally agreed that the manager's performance had been above average. The city council discussed the establishment of a salary for the city manager for 1976. Ralph Bruins, Summit State Bank, spoke of the manager's ability to relate to citizens and businessmen in the community. Don Houlding, encouraged the council to pay the manager well enough to keep him. Gertrude Ulrich, 7601 Aldrich Avenue, related her observation of the manager's performance and in general complimented the city manager. 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 NO. 5505 RESOLUTION ESTABLISHING 1976 SALARY FOR CITY MANAGER All ayes -carried. This resolution appears as Resolution No. 5505 in Resolution Book No . 3 8 . Council- Meeting Minutes -13- March 8, 1976 18. Discussion of Apartment License Ordinance . Motion by Jacobsen, seconded by Luettinger, to defer this item to the meeting of March 22, 1976. All ayes -carried. 19. Discussion of Membership in Suburban Hennepin County Municipal Organization . Motion by Ludeman, seconded by Luettinger to defer consideration of this matter and invite Lyle Olson to make a presentation at a future council meeting . All ayes -carried. 20. Payments and Estimates. Motion by Anderson, seconded by Luettinger that the following payments and a ~timates be allowed: A. Phoenix Trucking and Contracting, Inc. , Est. No. 1 and Finn 1, Bid No. 75-9, lime sludge removal - $44, 403.25 B. Robert O. Westlund Construction Co. , Est. No. 2 and final, Contract No. 2199, 100% complete, city project No. 654, Donaldson Park Activity Building - $1, 947.94 All ayes -carried. 21. Licenses. Motion by Luettinger, seconded by Jacobsen that the following licenses be approved: r~o snr~a<>oa. Renewal St. Richard's Church, 7601 Penn Avenue Food, retails on-sale, (one day only) -~.ance Regular• New Korner Plaza, Hub Shopping Center Vending Machine Renewal Richfield Funds, 6210 Thomas Avenue Food Council Meeting Minutes -14- March 8, 1976 Renewal Canteen Co. , 6300 Penn Avenue Food, Food vehicle Cigarette, soft drin~ Vending machine Renewal Midwest Mortuary, 6521 Cedar Avenue Comm. Incinerator Renewal Woodlake 66 Carwash, 744 West 66th Street Vending machine, soft drink, cigarette New Frenchman's, 621 W. 70th Street Billiard Pool New Michael Johnson, 2532 30th Avenue Garbage & Refuse Haul New Western Stores, 7700 Ly.ndale Avenue ?ce Machine Renewal Lamonts Rest. 6519 Nicollet Avenue Food, soft drink, cig. Retail on-sale Renewal Mobile Oil, 66th and Vincent Car Wash Renewal Lindahl Olds, 1900 W. 78th Street Vending machine Renewal Richfield Bank & Trust Vending machine Renewal Swant Service, 735 W. 66th Street Cigarette Renewal Stanley Johnson, 1700 E. 84th Street Garbage & Refuse haul. Taxicab Drivers Renewal Jeffrey R. Burgenstein, 125 W. 9th Street New Roger T. Williams, 217 Walnut Street Renewal Lyle A Lundeen, 4525 Belevidere Lane Renewal Ronald Redmond, 2407 W. 70th Street New Gary Johnson, 9300 Cedar Avenue New Robert T. Dolan, 6000 Park Avenue Renewal William A. Caldwell, 6236 Bloomington New William Swant, 396 E. Marie Avenue Renewal Roger D. Brown, 344 East Franklin New Craig Cooper Rice, 4930 Garfield Avenue Renewal Scott Fields Kern, 6308 Red Fox Lane Renewal Richard Lee Frane, 2025 W. 77th Street New Steven Jeffrey Haas, 6915 13th Avenue Renewal Brian K. Spence, 430 Groveland Avenue New James E. LaCalir, 2417 Garfield Avenue New Belmont B. Magee, 5890 130th Street New Roger D.Nistler, 2016 1st Avenue North Renewal Kevin M. Gray, 7239 3rd Avenue Renewal Steven E . Swenddel, 6412 Cedar Avenue Renewal Laird Douglas Allstop, 5140 17th Avenue Renewal Joseph N. Raviv, 310 Westview Drive Renewal Dennis Brian Svenddal, 6412 Cedar Avenue Renewal William Fisher, 5725 36th Avenue Renewal Billy Royce Black, 8443 SthAvenue Renewal Robert Lynn Guy, 13804 Stefens Road Renewal Harold R. Junjak, 10211 Lyndale Avenue Re^e°val Ronald E. overlid, 8101 Upton Avenue Renewal Bruce P. Stein, Route #1, Jordan Renewal Craig R. Moir, 2018 W. 76th Street New George Robert Boehmer, #2 Brent Avenue All ayes -carried. Councir Meeting Minutes -15- March 8, 1976 22. Claims and Payrolls. Motion by Jacobsen, seconded by Luettinger that the following claims and payrolls be allowed: RICHFIELD BANK & TRUST Checks 22155/23059 SUMMIT STATE BANK Checks 11506/12102 Checks 11509/12379 All ayes -carried. 23. Adjournment. general payroll AMOUNT $541,790.62 121,596.32 131,959.57 Motion by Jacobsen, seconded by Luet-tinger, that the meeting adjourn. i All ayes -carried. Time: Z:00 a.m. March 9, 1976 Date Approved: March 22, 1976 __ ~j~ ;- ~_ '~ or L. L aw Mayor Thomas J, ran City Clerk e ~~ ~ / Wayne S. Burggra f City 1V?anager