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04-26-1976CITY OF RICHFIELD REGULAR MEETING April 26, 1976 The Council of the City of Richfield met in regular session in the Council Chambers of the City Hall on Monday, April 26, 1976 at 7;00 PM. Rev. David Yates, of Wooddale Baptist Church, gave the invocation. The meeting was called to order by Mayor Law. Present; Anderson, Jacobsen, Ludeman, Luettinger, Law 1. Minutes P4otion by Ludeman, seconded by Jacobsen, that~the minutes of the April 12, 1976 council meeting be approved as presented. All ayes - Carried. 2. Commendation Award to Jerr Jackson Tom Morgan, Public Safety Director, presented a Citizen Commendation Award to Jerry Jackson, 6220 Fifth Avenue, in recognition of his assisting police in the apprehension of individuals involved in an armed robbery of Tom Thumb Grocery at 76th and Knox Avenue on April 5, 1976. 3. Request for Special Use Permit, 6945 Penn Avenue Planning Director, Richard Krier, reviewed the request of Peter Hoversten, 7237 Garfield, and Tom Snow, 7113 Second Avenue, for approval of a spacial use permit to continue the operation of a tree and plant nursery at the corner of 6945 Penn Avenue and the Planning Commission's recommendation for denial on the grounds that this commercial use could have a detrimental affect on this resi- dential neighborhood, The applicant was not present. Mrs. Rosco, owner of vacant property at 6941 Penn Avenue, asked questions about multiple dwelling use. Motion by Jacobsen, seconded by Luettinger, to close the hearing. All ayes - Carried. Council Meeting Minutes -2- April 26, 1976 Motion by Luettinger, seconded by Jacobsen, to defer this item until the next meeting. Poll of votes: Ayes - Anderson, Jacobsen, Luettinger, Law. Nayes - Ludeman. Carried. 4. Presentation on Minnesota Local Government Aid to Hennepin Count Municipalities N.u~. Lyle Olson, Director of Staff Services for the City of Bloomington, appeared and gave a presentation on the subject of Minnesota local government aid to Hennepin County municipalities, He suggested that there is need for creating a suburban coalition to provide assistance and research to the legis- Iature on legislation affecting the suburbs. The council expressed its thanks to Mr, Olson and agreed to discuss the matter further at a later date. 5. Discussion on Swimming Pool Fees (Not on Agenda) Don Fondrick, Director of Park and Recreation Department, reviewed the staff's analyses in arriving at the new pool fees. The following people appeared in interest and in general favored a family season ticket at the outdoor pool. Those individuals living near the West pool indicated they would like to be treated similarily. Mrs. Judith Zylkowski, 6744 11th Avenue Ronald Brondon, 6315 4th Avenue Clayton Holt, 6321 12th Avenue Pat Rickert, 6710 Garfield Wayne Johnson, 6727 12th Avenue Dennis Louis, 6300 4th Avenue Pat Hall, 7309 Oliver Ane Lune, 6944 14th Avenue Jim Goebel, 6421 Irving Norman Horning, 7439 Chicago Janet Hubert, 6337 21st Avenue, presented a petition against the new ticket system. (C-9715) Jeff Allen, 6400 21st Avenue Lawrence Wozniczka, 6744 Wentworth Nancy Jorgenson, 6920 11th Avenue JoAnne Wier, 6521 12th Avenue Mike Sutton, 6900 4th Avenue Council Meeting Minutes -3- April 26, 1976 Judy Poehling, 7444 14th Avenue, chairman of Park and Recreation Commission, provided comment on the commission's deliberations. Don Houlding, 7145 13th Avenue, spoke in favor of the adopted plan and said he felt it would eliminate cheating. George Tellgren, 6937 Upton, reviewed fees in other suburbs and indicated he was in favor of the adopted fees. Councilman Anderson spoke in favor of maintaining a relationship between the cost and funding of the operation. Councilman Luettinger said he favored a separate ticket for the cit}- pool and the school pool; he favored family tickets for the outdoor pool and tickers for the school pool should be issued at cost. He also said he would like to see swimming classes at the indoor pool and was in favor of busing. Councilman Ludeman suggested subsidizing the pool costs from liquor store profits. He also said he favored a family ticket that would be available at West and the outdoor pool during the summer at $30.00. He requested staff to consider using the indoor pools for swimming lessonso Mayor Law asked about the possibility of using revenue sharing and community block grants to subsidize the pools. Motion by Anderson, seconded by Jacobsen, to request the staff to develop for the next meeting, two alternate plans for pool tickets, (1) a separate system for each pool and (2) a single system for both pools in the summer. All ayes - Carried. 5. Amendment to the City Ordinance Code Relating to Family Day Care Homes First Reading City Attorney, Clayton LeFevere, reviewed a proposed ordinance amendment which would provide for "Family Day Care Homes" and "Group Family Day Care Homes" Council Meeting Minutes -4- April 26, 1976 in the "R" and "MR" districts of the city without the necessity of obtaining a special use permit. The following citizens appeared and spoke in favor of the proposed ordinance amendment: Jenneane Anderson, 7509 13th Avenue Mrs. Kenneth Cutshall, 6801 Morgan Joyce Flesch, 6725 Garfield Bob Kleinhans, 6909 Pillsbury Don Houlding, 7145 13th Avenue, spoke in opposition to the proposed amendment. Motion by Luettinger, seconded by Ludeman, to deny first reading of this proposed ordinance amendment and request the staff to propose an alternate method providing for city council involvement in considering all day care home applications. Poll of votes; Ayes - Jacobsen, Ludeman, Luettinger, Law. Nayes - Anderson. Carried. 6. Request for Tree Removal, 6532 Girard Avenue Peter Eberz, Public Works Director, presented the request of Mr. R. G, Mattern, 6532 Girard Avenue, asking the city to remove a tree located on the boulevard adjacent to his property. Mr. Eberz also reviewed the time that staff and council have spent in an effort to save trees in determining the street widths and stated that, in view of the position which both the city staff and city council have taken, the staff is extremely reluctant to remove trees at the request of property owners when it is not necessary. R. G. Mattern appeared in behalf of his request. Mayor Law presented a request for removal of a tree at 6421 Irving Avenue and Councilman Luettinger read a request for removal of a tree at 2000 West 66th Street. Motion by Luettinger, seconded by Ludeman, to authorize the staff to remove the trees at each of these three locations and request the staff to prepare a Council Meeting Minutes -5- April 2b, 1976 policy resolution on tree removal for council consideration, Poll of votes: Ayes - Jacobsen, Ludeman, Luettinger, Law. Nayes - Anderson. Carried, 7o Traffic Control Requests The Traffic Control Committee reported on the results of their meeting of April 20, 1976. The committee considered three requests for stop signs and recommended denial for the request at 68th and Bloomington and approval of the other two requests. Howard Godwin, of 6739 Bloomington, appeared and told of speeding buses endangering children in the nearby park and wished traffic to be slowed down. Motion by Luettinger, 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. 5521 RESOLUTION RELATING TO TRAFFIC CONTROL SIGNS "STOP" SIGNS ON 68TH STREET AND BLOOMINGTON AVENUE, MAKING INTERSECTION A FOUR-WAY STOP Poll of votes: Ayes - Anderson, Jacobsen, Luettinger, Law, Nayes - Ludeman. Carried. This resolution appears as Resolution No. 5521 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 N0. 5522 RESOLUTION RELATING TO TRAFFIC CONTROL SIGNS "STOP" SIGNS ON 71ST STREET AT GARFIELD AVENUE "STOP" SIGN ON 71ST STREET AT HARRIET AVENUE Poll of votes: Ayes -Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None. Carried. This resolution appears as Resolution No. 5522 in Resolution Book No. 38. Council Meeting Minutes -6- April 26, 1976 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. 5523 RESOLUTION RELATING TO TRAFFIC CONTROL SIGNS PARKING RESTRICTIONS IN THE VICINITY OF RAE DRIVE Poll of votes: Ayes - Anderson, Jacobsen, Luettinger Ludeman, Law. Nayes - None. Carried. This resolution appears as Resolution No. 5523 in Resolution Book No. 38. 8o Feasibility Study for Band Shell and Picnic Shelter at Augsburg Park The City Manager reported that the firm of Richard Schwartz and Associates had been selected to conduct the feasibility study at Augsburg Park for a band shell and picnic shelter as requested by the city council at the March 18, 1976 Capital Improvement Program hearing. '1"he cost of this feasibility study, which has been budgeted for in the 1976/81 Capital Improvement Program, is $1,750.00, Motion by Luettinger, seconded by Ludeman, to approve the feasibility study and authorize the Mayor and City Manager to execute an agreement with Richard Schwartz and Associates. A11 ayes - Carried. Mr. Peterson, of the Richfield Jaycees, reported that in view of the cost and lack of success in raising funds, the Jaycees would not be able to donate a band shell. However, he stated that they would be willing to help contribute to landscaping around a new band shells 9. Fire Prevention Task Force Appointments Mayor Law discussed the desire to establish a task force to develop a fire prevention plan for the city. Motion by Luettinger, seconded by Jacobsen, to establish a nine member committee consisting of five citizens and four members of the staff and that the Council Meeting Minutes -7- April 26, 1976 council consider the appointment of citizens to the committee. All ayes - Carried. Motion by Jacobsen, seconded by Anderson, to nominate W. J. Miller, 2956 Washburn Circle, All ayes - Carried. Motion by Ludeman, seconded by Luettinger, to nominate Walter Nielsen, of 6316-21st Avenue. All ayes - Carried. Motion by Luettinger, seconded by Jacobsen,~to nominate Paul Fritzke, of 7508 17th Avenue. All ayes - Carried. Motion by Anderson, seconded by Ludeman, to nominate Robert Gunderson of 6514 Sheridan Avenue, and Bi11 Watson, of 6329 Harriet Avemae. All ayes - Carried. '1"he balance of the task force will be made up of city staff members who will be appointed by the City Manager, 10. Report on MTC Bus Garage Site Environmental Impact Study The City Manager commented on the staff report on the proposed Metropolitan Transit Commission bus garage environmental impact statement and Mayor Law read the minutes of the Bloomington council's discussion of this matter. Motion by Jacobsen, seconded by Luettinger, to refer this report to the Planning Commission for comment. All ayes - Carriedo Motion by Anderson, seconded by Jacobsen, to accept the staff report, All ayes - Carriedo It was suggested that there be a joint meeting with the city of Bloomington Council Meeting Minutes -8- April 26, 1976 on this matter. The City Manager agreed to arrange a date. 11. Amendment to the City Ordinance Code Relating to "19 Year Old Law" First Reading Bill No. 1976-12, "An Amendment to Chapter XI Sections 11.01, 11.02, 11.03, 11.04, 11.05 and 11.06 of the Ordinance Code of the City of Richfield" relating to liquor and intoxicating beverage control and raising the age for drinking, purchase, employment and licensure to age 19 as defined in Chapter 66 of the Laws of 1976, was read and reviewed by Clayton LeFevere, City Attorney, the same being on file in the office of the city clerk. (C-9716). Motion by Jacobsen, seconded by Ludeman, to close the hearing. Motion by Jacobsen, seconded by Ludeman, that this constitute a first reading of Bill No. 1976-12, that it be published in the official newspaper and that the second reading of this ordinance amendment be scheduled for the council meeting of May 10, 1976. Poll of votes; Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None. Carried. 12. Ordinance Amendment Defining Main Thoroughfares for Liquor License Purposes Bi11 No. 1976-10, "An Amendment to Section 3.33, Subdivision 4(e) of the Ordinance Code of the City of Richfield", relating to the granting of special use permits for hotels, motels, restaurants and cafes, was read and reviewed by City Attorney, Clayton LeFevere, the same being on file in the office of the city clerk. (C-9709) Motion by Ludeman, seconded by Jacobsen, to close the hearing. All ayes - Carried. Motion by Ludeman, seconded by Jacobsen, that this constitute a second reading of Bill No. 1976-10; 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 - Council Meeting Minutes -9- April 26, 1976 None. Carried. 13. Agreement With the City of Edina for Joint Participation in the Construction of Xerxes Avenue '1'he City Manager reviewed an agreement between the city of Edina and the city of Richfield for joint participation in the construction of Xerxes Avenue. The agreement generally provides the following items as listed in Council Letter No. 124: 1. Xerxes Avenue will be constructed by the city of Richfield as part of its 1976 permanent street paving program. 2. That Xerxes Avenue will be constructed to a width of 34 feet. 3. That the city of Edina will pay for all work that is constructed within the city of Edina. Motion by Ludeman, seconded by Luettinger to approve the agreement, All ayes - Carried. Motion by Luettinger, seconded by Jacobsen, to authorize the City Manager to request Hennepin County to provide all maintenance work necessary to maintain the street surface and the curbs on Xerxes Avenue from 62nd Street to 66th Street and on 66th Street from Penn Avenue to Xerxes Avenue. All ayes - Carried. 14. Fremont Park Development Plan the City Manager reported an agreement has been negotiated for the design of this park facility with David M, Shaffer, landscape architect, in the amount of $1,700. Motion by Anderson, seconded by Jacobsen, to authorize the Mayor and City Manager to execute this agreement for the design of Fremont Park. A11 ayes - Carried. 15. Washington Park Development Plan Mr. Burggraaff, City Manager, advised that last year the Park and Recreation Advisory Commission conducted a feasibility study to determine possible sites for Council Meeting Minutes -10- April 26, 1976 the construction of four new tennis courts and the commission recommended that the most favorable site was Washington Park. In order to insure that the tennis courts may be completed during 1976, it is necessary to finalize the contract providing for the preliminary park design. An agreement has been negotiated with John Turrittin, landscape architect, in the amount of $934. Motion by Jacobsen, seconded by Ludeman, to authorize the Mayor and City Manager to execute an agreement with John Turrittin for the preliminary park design of Washington Park. A11 ayes - Carried. 16. Resolution Approving Classification and Sale of Tax Forfeited Land 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. 5524 RESOLUTION APPROVING CLASSIFICATION OF TAX DELINQUENT LAND AS NON-CONSERVATION LAND AND PROVIDING FOR SALE THEREOF Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None. Carried. This resolution appears as Resolution No. 5524 in Resolution Book No. 38. 17. Minutes, Tabulation of Bids and Award of Contract for Water Meters Motion by Jacobsen, seconded by Ludeman, to approve the bid minutes and bid tabulation for water meters and remote registration kits, 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 Minutes April 26, 1975 -11- RESOLUTION NOe 5526 RESOLUTION DETERMINING LOWEST RESPONSIBLE BIDDER AND AWARDING BID FOR PURCHASE OF WATER METERS AND REMOTE REGISTRATION KITS Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None. Carriedo This resolution appears as Resolution Noo 5526 in Resoluri.o~. Book No. 38. 18o Purchase in Excess of $1,000 Motion by Anderson, seconded by Luettinger, to approve the purchase o~ 1 three mobile radios to be used on city equipment, two for the street division and one in the water division, in the amount of 52,037.30. All ayes - Carriedv 19. Authorization to Sell Certain City Vehicles The City Manager reported that the four vehicle" to be sold at the Hennt~pin County auction on May 8 were fully depreciated police squad cars which have i~ee~~ replaced by newer models. He also reported that the staff did not intend to sell one of the three pool cars as it had been proven economically advantageous to rtie city to retain it. Motion by Anderson, seconded by Jacobsen, to approve the sale of the four depreciated police vehicles. A11 ayes -Carried. Motion by Jacobsen, seconded by Anderson, to retain the pool car and review it before the next auction. Poll of votes: Ayes - Anderson, Jacobsen, Luettinger, Law. Nayes - Ludeman. Carried. 2t. Compensation and rosition Classification Study Motion by Jacobsen, seconded by Luettinger, to defer this item to the May 10th council meeting. A11 ayes - Carried. Council Meeting Minutes -12- April 26, 1976 21. Contingency Transfer Resolution 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. 5527 RESOLUTION AUTHORIZING TRANSFER OF APPROPRIATION FROM THE 1976 CONTINGENCY ACCOUNT TO PARK AND RECREATION DEPARTMENT Poll of votes; Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None. Carried, This resolution appears as Resolution No. 5527 in Resolution Book No, 38. 22. Issuance of Tempora Bonds for Street Construction 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. 5528 RESOLUTION DIRECTING THE ISSUANCE AND SALE OF TEMPORARY IMPROVEMENT BONDS, SERIES 30, 2'0 THE IMPROVEMENT BONDS OF 1965, 1973, AND 1974 SINKING FUNDS AND THE PERMANENT IMPROVEMENT REVOLVING FUND IN ACCORDANCE WITH MINNESOTA STATUTES, CHAPTER 429 Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None. Carried. This resolution appears as Resolution No. 5528 in Resolution Book No. 380 23. Other Business Councilman Jacobsen reported on a Red Cross volunteer program meeting that would be held on April 29th. 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: Council Meeting Minutes -~.3- RESOLUTION N0. 5525 RESOLUTION SUPPORTING RED CROSS VOLUNTEER TRANSPORTbTION SERVICE April 26, 1976 Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None. Carried. This resolution appears as Resolution No. 5.525. in Resol~rrion Book No. 38. The City Manager reported that the city of Richfield and the city of Bloomington had been approaced regarding 141 acres of property in the area of the Fort Snelling Golf Course to determine if either city is interested in acquiring it. At the request of the city council, the City Manager agreed to investigate this matter further in conjunction with the city of Bloomington. Several council members indicated a willingness to make a tour of the site 24. Claims and Payrolls Motion by Anderson, seconded by Jacobsen, that the following claims and payrolls be approved except payment to the League of Minnesota Municipalities, Labor Relations Subscriber Service in the amount of $2,250.00. RICHFIELD BANK AND TRUST Amount Checks 23093/23788 $340,513.93 SUMMIT STATE BANK Checks 12939/12976 General 187,395.85 Checks 12946/13285 Payroll 127,488.93 A11 ayes - Carried. Motion by Ludeman, seconded by Luettinger, that the invoice for the Labor Relations Subscriber Service be considered at the next council meeting. Poll of votes: Ayes - Jacobsen, Ludeman, Luettinger, Law. Nayes -Anderson. Carried. Council Meeting Minutes -14- April 26, 1976 25. Licenses Motion by Jacobsen, seconded by Ludeman, that the following licenses be approved: Fee Waived New Assumption Church, 77th and 3rd Avenue one day only Regular New Richfield Lanes, 6449 Lyndale New Mister Pizza, 6700 Penn New Soft Touch Sauna, 6521 Cedar New Richfield Lanes, 6449 Lyndale Renewal Woodlake Phillips 66, 744 W. 66th Street Renewal Romar Standard Station, 1400 E. 78th Street Renewal Bill's Cherokee Service, 13th Avenue & 66th Street Renewal Sibley Co., 86 W. 66th St.r.~~~,,,~,,,,.,,;:;.; Renewal Dugout Club, Richfield High 'School Taxicab Drivers Retail on Sale Food Est., Fleet Food vehicle Soft Drink Retail on-sale Retail off-sale Vend. Machine, cig. Vend. Machine, cig, Vend. Machine, cig. Vend. Machine, cig. Food, soft drink New Barbara L, Dahl, 110503 Windmill Ct., Chaska New Merlyn D. Banick, 312 W. Franklin, Delano New Harry R, Anders, 4327 4th Avenue, Minneapolis New John S, Phillips, 6307 Doron Lane New Robert E. Allen, 2914 Columbus, Minneapolis New Leonard C. Miller, 276 Dayton Avenue, St. Paul New Seyedhussein $hahram Nikpay, 327 14th Avenue S.E,, Minneapolis New Blair L. Poitras, 1310 W. 98th St., Bloomington New Jeffrey C. Christopherson, 3533 Fremont Avenue, Minneapolis New John S. Armstrong, 7001 Lynmar Lane, Edina New Gilbert C. Pellet, 5019 1st Avenue, Minneapolis A11 ayes - Carried.. 26. Ad ournment Motion by Jacobsen, seconded by Luettinger, that the meeting adjourn, A11 ayes - Carried, Time: 12:25 AM, App Date Approved: May 10, 1976 ~~~~~~ Thomas J. ran City Clerk