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06-14-1976CITY OF RICHFIELD REGULAR MEETING June 14, 1976 The Council of the City of Richfield met in the council-chambers of the City Hall on Monday, June 14, 1976 at 6:00 PM, an hour early, as published in the official newspaper, to consider deferred items from previous agendas and to have its regular meeting. Councilman Ludeman gave the invocation. The meeting was •called to order by Mayor Law Present: Jacobsen, Ludeman, Law Absent: Anderson (arrived at 7:00 PM) Luettinger (on vacation) 1. Minutes Motion by Jacobsen, seconded'by Ludeman, that the minutes of the May 24, 1976 council meeting be approved as presented. All ayes -Carried. Absent - Anderson, Luettinger 2. Henne in County Proposed Public Safety Communications Interim Use_r_Board Recommendation on Joint Powers Agreement The City Manager reviewed the proposed joint and cooperative agreement for a Hennepin County Emergency Com¢nunication Organization and answered questions of the council. The council expressed concern that the agreement did not provide for elected officials to serve on this board. Councilman Ludeman suggested that the board should consist of 50% elected officials. Council also requested that the resolution approving this HECO Joint Powers Agreement be amended to state this concern. Motion by Jacobsen, seconded ,by Lu.deman, 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 -Z- June 14, 1976 RESOLUTION N0. 5548 RESOLUTION APPROVING HECO JOINT POWERS AGREEMENT AND DESIGNATING-DELEGATES Poll of.vo.tes: Ayes - Jacobsen, Ludeman, Law. Nayes - None: Absent - Anderson, Lue-ttinger. Carried. This resolution appears as Resolution No. 5548 in Resolution Book No. 38. Councilman Anderson arrived. 3. Request for Special Use Permit, Alpha House, 6539 Cedar Avenue Richard Krier, Planning Director, reviewed the application for a special use permit to allow establishment of a private lounge and recreation facility for Alpha House, Inc., a residential facility for adult male multiple offenders located at 2712 Fremont Avenue South in Minneapolis. Mr. Krier reported that the Planning Commission had recommended approval of the special use permit based on the under- standing that there be sufficient supervision and that the following stipulations be adhered to as listed in Council Letter No. 183: 1. Street landscaping per Richfield's landscaping policy be accomplished for two vacant parcels to the north.. 2. All debris be removed from vacant properties. 3. Turf maintenance be effected on all four parcels. 4. Dust-free surface be established on vacant parcels. Mr. Jim Martinson, Executive Director of Alpha House, Inc., 7300 Gallagher Drive,Edina, reviewed the history of the organization and the need for the recreation facility at the commercial establishment. Roy Churchward, 6444 19th Avenue, questioned the notification procedure. Mayor Law read a letter from Judge A11en 0leisky, judge of District Court, endorsing this special use permit request. (C-9724). Judge 0leisky was present and answered questions from the audience. The following people appeared and spoke in opposition to the special use permit: Council Meeting Minutes -3- June 14, 1976 Sherry Erickson, 6430 20th Avenue Jim McGinty, 1900 E. 65th Street Mr. and Mrs. John Tracy, 7621 Longfellow Helen Lachowitzer, 6509 19th Avenue Donald Paquette, 6520 19th Avenue Felton Jenkins, 6221 Morgan, and Gertrude Ulrich, 7601 Aldrich, spoke in favor of the program. Mr. Jerry Caplin, staff psychologist from Alpha House, responded to a number of fears expressed by the audience. Motion by Jacobsen, seconded by Ludeman, to continue the hearing to the council meeting of July 12, 1976. All ayes - Carried. Absent - Luettinger 4. Application for Waiver of Preliminary Platting Procedures City Planner, Richard Krier, reviewed the application of Mr. Robert G. Swanstrom, 10532 Drew Avenue South, to waive preliminary platting procedures for subdivison of land, in accordance with Section 3.59 of the city's subdivision regulations. Mr. Swanstrom proposed to subdivide a 157.8 foot by 133.8 foot lot into two lets at 7609 Morgan Avenue, which conforms to city ordinance. Motion by Jacobsen, seconded by Jacobsen, to close the hearing. A11 ayes - Carried. Absent - Luettinger. Motion by Anderson, seconded by Jacobsen, to grant this request for waiver of preliminary platting procedure for the division of the lot at 7609 Morgan Avenue. A11 ayes - Carried. Absent - Luettinger. 5. Request for Zoning District Change - 7609 Morgan Avenue The request for zoning district change of Robert G, Swanstrom from residential (R) to multi-family residential (MR) for the new north parcel created by the sub- division of 7609 Morgan Avenue-was reviewed by Richard Krier, Planning Director. The purpose of this rezoning is to allow the construction of a two-family dwelling on this property. Mr. Krier also xeviewed the staff's consideration of this request r Council Meeting Minutes -4- June 14, 1976 and their recommendation for approval and the Planning Commission's deliberations and their recommendation for denial. Mr. Swanstrom, the applicant, was present and answered questions of the. council. Johm Simacek, 7538 Logan, spoke about spot zoning. Wallace M. Johnson, 7624 Morgan, and Edward Burns, 1912 W. 76th Street, both spoke, against this rezoning.. Motion by Ludeman, seconded by Jacobsen, to close-the hearing. All ayes - Carried. Absent - Luettinger. Motion by Ludeman, seconded by Jacobsen, to deny the request. A11 ayes - Carried. Absent - Luettinger. Councilman Ludeman excused himself to attend another meeting at 8:55 PM. 6. Presentation by Phil Riveness on Hennepin County Decentralization Phil Riveness presented a summary of a report that had been presented to the council at an earlier date describing Hennepin County's Human Services Decentralization Plan. Motion .by Jacobsen, seconded by Anderson that the fol;Iowing resolution be adopted; that it be spread in the resolution book and that it be made apart of these minutes: RESOLUTION N0. 5550 RESOLUTION IN SUPPORT OF HENNEPIN COUNTY DECENTRALIZATION PROPOSAL Po11 of votes: Ayes - Anderson, Jacobsen, Law. Nayes - None, Absent - Ludeman, Luettinger. Carried. This resolution appears as .Resolution No. 5550 in Resolution Book No. 38. 7~;V;G$xAPtd~e~ ITC Bus Route Change The City Manager .advised the council that the-city had received a proposal from the Metroplitan Transit Commission to change the routing of bus route 35S 1 through Richfield. The MTC requested council approval to operate on the following Council Meeting. Minutes -5- June 14, 1976 76th Street to Third Avenue South third Avenue South from 76th Street to 77th Street • 77th Street from Third Avenue South to Second Avenue South Motion by Jacobsen, seconded by Anderson, to approve the MTC's request to change their bus route. A11 ayes - Carried. Absent - Ludeman, Luettinger. 8. Cites Flag Design. Felton Jenkins and Gertrude Ulrich presented the winning design selected by the Richfield Bicentennial Committee for their "Create a City Flag" contest. Motion by Jacobsen, seconded by Anderson, to authorize the purchase of flags. All ayes - Carried. Absent - Ludeman, Luettinger 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. 5551 RESOLUTION REGARDING ADOPTION OF DESIGN FOR THE OFFICIAL CITY OF RICHFIELD FLAG .Poll of votes: Ayes - Anderson, Jacobsen, Law. Nayes - None. Absent - Ludeman, _, Luettinger. phis resolution appears as Resolution No. 5551 in Resolution Book No. 38. 9. Not on Agenda Don Fondrick, Park and Recreation Director, presented a Richfield Bicentennial T-shirt that is being promoted as a fund raising activity for the Community Center. 10. Proposed Ordinance Amendment Concerning Participation in a Disorderly House Second Reading . Bi11 No. 1976-13, "An Amendment to Chapter X, Part III, Section 10.16 of the Ordinance Code. of the City of Richfield", relating to miscellaneous misdemeanor offenses, was read and reviewed by City Attorney, Clayton LeFevere, the same being on file in the office of the city clerk, (C-9723) Council Meeting Minutes -6- June 14, 1976 Motion by Jacobsen, seconded by Anderson to close the hearing.- All ayes - Carried. Absent - Ludeman, Luettinger. Motion by Jacobsen, seconded by Anderson, that this constitute a second reading of Bill No. 1976-13; that it be published in the official newspaper and that it be made a part of these minutes. Poll of votes: Ayes - Anderson, Jacobsen, Law. Nayes - None. Absent - Ludeman, Luettinger. Carried. 11. Tabulation of Bids Minutes and Award of Contract for Heatin and Air Conditioning Equipment and Controls Service Maintenance Motion by Jacobsen, seconded by Law, to approve the bid minutes of June 4 for the heating and air conditioning service/maintenance contract. All ayes - Carried. Absent - Ludeman, Luettinger Motion by Jacobsen, seconded by Anderson to approve the manager's recommendatio and award the three year contract in the amount of $17,967.04 to Advanced Engineering and Manufacturing. All ayes - Carried. Absent - Ludeman, Luettinger 12. Award of Contract for Tennis Court Resurfacing _ Motion by Jacobsen, seconded by Anderson to approve the bid minutes of June 1, for resurfacing of tennis courts, City Project No. 691. All ayes - Carried. Absent - Ludeman, Luettinger Motion by Jacobsen, seconded by Anderson, that the following resolutions be adopted; that they be spread in the resolution book and that it be made a part of these minutes: RESOLUTION N0. 5552 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT TO CARLSON-CANINE, INC. FOR RESURFACING OF TENNIS COURTS AT MEMORL4L PARK, SHERIDAN PARK AND JEFFERSON PARK CITY PROJECT N0. 691 Clerk's File C-9726 Council Meeting Minutes -7- RESOLUTION N0. 5553 June 14, 1976 RESOLUTION REDISTRIBUTING APPROPRIATIONS FROM CITY PROJECT N0. 691, TENNIS COURT RESURFACING, TO CITY PROJECT N0. 673, TENNIS COURT CONSTRUCTION Poll of votes; Ayes - Anderson, Jacobsen, Law. Nayes - None. Absent - Ludeman, Luettinger. Carried. These resolutions appear as Resolutions Numbers 5552 and 5553 in Resolution Book No. 38. Motion by Jacobsen, seconded by Anderson, to authorize a change order for ~~ I ~~ Henry 0. Mikkelson Company in the amount of $2,160 as recommended in Council Letter No. 182. This change order is necessary to provide for resurfacing of the two existing courts at Donaldson Park. Although resurfacing was not included in the original park project, sufficient funds will be available through transfer from Project Number 691 to provide for this resurfacing. All ayes - Carried. Absent - Ludeman, Luettinger 13. Purchase in Excess of $1,000 Motion by Jacobsen, seconded by Anderson, to authorize the purchase of a scoreboard for use at the Richfield Ice Arena. County Seat has donated a scoreboard for this purpose and will reimburse the city. A11 ayes - Carried, Absent - Ludeman, Luettinger 14. Planning Commission Recommendation for Approval of Hennepin County Transportation System Study Richard Krier, Planning'Director, presented the Hennepin County Transportation System Study and recommended council approval as the commission is satisfied that the concerns for Richfield's needs expressed in an earlier draft had been satisfied in this final copy. 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 -8- June 14, 1976' RESOLUTION N0. 5559 RESOLUTION APPROVING THE IIELQNEPIN COUNTY TRANSPORTATION SYSTEM STUDY Poll of votes: Ayes - Anderson, Jacobsen, Law. Nayes - None. Absent - Ludeman, Luettinger. Carried. This resolution appears as Resolution No. 5559 in Resolution Book No. 38. 15. Ordering Preparation of Prel3.minary Street Construction and Ornamental Street .eports for Permanent ects Proposed for 1977 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. 5554 RESOLUTION ORDERING PREPARATION OF REPORT ON PERMANENT STREET SURFACING, ORNAMENTAL STREET LIGHTING AND APPURTENANCES THERETO CITY PROJECT N0. 686 Areas Nos. 12, 14A and 15 Poll of votes: Ayes - Anderson, Jacobsen, Law. Nayes - None. Absent - Ludeman, Luettinger. Carried. This resolution appears as Resolution No. 5554 in Resolution Book No. 38. 16. Resolution Declaring Cost to be Assessed and Calling for Assessment Hearings for the 1975 Permanent Street Improvements Motion by Anderson, seconded by Jacobsen, 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. 5555 RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ROLL FOR C. P. N0. 667 RESOLUTION N0. 5556 LJ i~~l RESOLUTION CALLING HEARING ON PROPOSED ASSESSMENT FOR PERMANENT STREET IMPROVEMENT PROGRAM CITY PROJECT N0. 667 Council Meeting Minutes -9- June 14, 1976 Poll of votes: Ayes - Anderson, Jacobsen, Law. Nayes -None. Absent - Ludeman, Luettinger. Carried. These resolutions appear as Resolutions Numbers 5555 and 5556 in Resolution Book No. 38. 17. Establishment of Parking Restrictions A petition for parking restrictions in the area of 73 1/2 Street between East Pleasant Avenue and Pillsbury Avenue was presented by the City Manager. (C-9727) Dennis Louis, 6300 4th Avenue, spoke about the difficulty in parking in the area of the school for companies providing service calls to the school. Council indicated the staff should notify the school board of this fact. 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. 5560 RESOLUTION RELATING TO TRAFFIC CONTROL SIGNS "NO PARKING 8:00 A.M. TO 10:30 A.M. SCHOOL DAYS" ON BOTH SIDES 73 1/2 STREET FROM EAST PLEASANT AVENUE TO PILLSBURY AVENUE Poll of votes: Ayes - Anderson, Jacobsen, Law. Nayes - None. Absent - Ludeman, Luettinger. This resolution appears as Resolution No. 5556 in Resolution Book No. 38. 18. Request for Barricades for Block Party Motion by Jacobsen, seconded by Law to approve the request of Mr. Buster Smith, 6231 15th Avenue, to allow 15th Avenue between 62nd and 63rd Streets be barricaded for the hours of 7:00 PM to 1:00 AM on Saturday, June 26, 1976, for the purpose of holding a block party, with the stipulation to permit ingress and egress of municipal emergency vehicles in the event that they would be required during the t3.me of the block party. A11 ayes - Carried. Absent - Ludeman, Luettinger. Council Meeting Minutes -10- June 14, 1976 19. Authorization of Police Officer Training Funds 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. 5557 RESOLUTION AUTHORIZING REIMBURSEMENT OF POLICE TRAINING FUNDS FROM THE MINNESOTA PEACE OFFICER TRAINING BOARD Poll of votes: Ayes - Anderson, Jacobsen, Law. Nayes - None. Absent - Ludeman, Luettinger. Carried. This resolution appears as Resolution No. 5557 in Resolution Book No. 38. 20. Commission Appointment Motion by Anderson, seconded by Jacobsen, to appoint Steve Lindborg, 6310 West Pleasant Avenue, to the Advisory Youth Commission for a one year term. A11 ayes - Carried. Absent - Ludeman, Luettinger 21. Payments and Estimates Motion by Jacobsen, seconded by Anderson, that the following payments and estimates be approved: A.' Lundin Construction Co., Inc. Riegger Roadways, Inc. Est. No. 9, Contract No. 2192 and Final, C.P. No. 667, 1975 Permanent Sur- facing Areas 7 and 9 - $225,193.27 B. Progressive Contractors, Inc., Est. No. 2, Contract No. 2212, C.P. No. 674, 1976 Pexznanent Surfacing, Areas 10 and 11 - $447,018.94 C. Egan-McKay Electrical Contractors, Inc., Est. No. 1, Contract No. 2213, C.P. 674, 1976 Ornamental Street Lighting, Areas No. 10 and 11 - $25,218.72 D. B. E_. Enterprises, Inc., Est. No. 5 and final. Contract No. 2195 C.P.~No. 671, Roosevelt Park Building Improvements - $5,999.50 All ayes - Carried. 22. Claims and Payrolls Council Meeting Minutes -11- June 14, 1976 RICHFIELD BANK AND TRUST Amount Checks 23144/24528 $1,562,988.78 SUMMIT STATE BANK Checks 13871/14479 General 464,333.68 Checks 14180/14469 128,594.81 A11 ayes - Carried. Absent - Ludeman, Luettinger 23. Licenses Motion by Jacobsen, seconded by Anderson that the following licenses be approved: 'f~nn T.T~itscri New Park and Recreation Dept. - Augsburg Courts Soft Drink Regular New Richfield Shell, 6545 Portland Vending Machine New Southtown She11, 7745 Penn Vending Machine New Trans-Diversified, Inc. 6958 Cedar Avenue Soft Drink New Golden Chicken, 7627 Lyndale Food, Vending Machine New Budget Inn Motel, 7640 Cedar Avenue Motel License Kennel License Renewal Jan Halvorsen, 3019 W. 74th Street 3 Male Poodles Renewal Robert D. Lyddon, 6733 10th Avenue 3 Dogs Taxicab Drivers New Jeffrey A. Cater, 6316 Post Lane, Edina New Mark W. Cater, 6316 Post Lane, Edina New Barbara A.V. Gregg, 8126 Nicollet New John R. Savageau, 6638 Elliot New Robert 0. Lange, 241 22nd Avenue, So. St. Paul New David M. Robinson, 15541 Wing Lake Drive, Minnetonka New Douglas W. Seeker, 3025 Knox, Minneapolis Renewal Dean S. Fusselman; 11024 Glen Wilding, Bloomington New John D. Babbitt, 2800 Grand, Minneapolis Renewal Paul W. Bergstrom, 1958 Tatum, Roseville New Wayne M. Loot, 5236 Minnehaha, Minneapolis New Michael A. Flynn, 6808 Hillside Lane New Timothy Eaton, 2612 Toledo, St. Louis Park New Maynard R. Nielsen, 4159 Snelling, Minneapolis New Dwight .E. Larson, 5514 28th Avenue New Brad A. Henning, 5321 James Council Meeting Minutes -12- June 14, 1976 Taxicab Licenses Continued New Gregg R. Eckert, 2800 Fremont New Richard N. Thelen, 649 7th Avenue, St. Paul New Bill G. Lowe, 3024 3rd Avenue New Gary E. Turen, P.O.Box 105, Chaska New John H. Baago, 6845 Lyndale New Steve M. Peterson, 2701 Bailiff Place, Bloomington New Thomas P. Hoy, 146 Ridgeview Dr. Wayzata; New .James W. VanTassel, 2822 W. 55th Street New Michael L. Johnson, 3867 Palisade Way, Egan New Richard S. May, 222 W. Wentworth St. Paul New Harvey J. Kobbel, 3900 W. Valleyview Dr. New Mark O`Brien, 4909 Zenith Avenue, Minneapolis New Roger L. Huggett, 8350 Blaisdell, Bloomington New Paul Magnuson, 65 Woodland Circle, Edina• New Kenneth G. Reich, 4540 W. Arm Road, Spring Park New Scott W. Davis, 5912 Merold Dr., Edina New Albert Boline, 5528 Wentworth New Andrew J. Redleaf, 2090 Upper St, Dennis, St. Paul New Alan C. Chopp, 607 Grand New Michael J. Luikens, 1501 E, Burnsville A11 ayes - Carried. Absent - Ludeman, Luettinger RECESS 9:55 PM RECONVENE 10:55 PM Councilman Ludeman returned to the meeting at 10:15 PM. 24. Approval of Loan to HRA. for the Purchase of Property in the L/H/N Area The City Manager advised that Mr. Alden R. Hanson, 719 Graham Avenue, has requested that the HRA purchase his single family home which will become available for sale at the end of June: and recommended that the council adopt a resolution authorizing execution of the loan agreement for acquisition of this property. 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 -13- RESOLUTION N0. 5558 RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT TO LOAN MONEY TO THE F~ICHFIELD HOUSING AND REDEVELOPMENT AUTHORITY AND PROVIDING FOR THE PERFORMANCE TiIEREOF BY ADVANCEMENT FROM THE SEWER FUND June 14., 1976 Po11 of votes: Ayes - Anderson, Jacobsen, Ludeman, Law. Nayes - None. Absent - Luettinger. Carried. This resolution appears as Resolution No. 5558 in Resolution Book No. 38. 25. Ad journtnent Motion by Jacobsen, seconded by Anderson, to•adjourn until 5:30 PM, June 21, 1976 at which time all deferred items wi11 be considered. A11 ayes - Carried. Absent - Luettinger. Time: 11:00 PM. Date Appro June 28, 1976 re L. Law a or L_