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07-26-1976CITY OF RICHFIELD Regular Meeting July 26, 1976 The Rielifield City Council met in regular session in the Council Chambers of the City Hall on July 26, 1976 at 7:00 PM. Rev. Marcus Mork, of Oak Grove Lutheran Church, gave the invocation. 'Ihe meeting was called to order by Mayor Law. Present: Jacobsen, Ludeman, Luettinger, Law Absent: Anderson (Arrived at 7:10) 1. Minutes Councilman Luettinger requested that the first paragraph of page 6 be amended to correct the motion directing the city manager to retain golf course consulting services so that the motion included "obtaining any possible information on whether other golf courses adjacent to airports have proven to be detrimental to the hearing of the golfers", Motion by Anderson, seconded by Jacobsen that the minutes be approved with the above listed correction. A11 ayes - Carried. Mayor Law stated he•wished it understood that the city manager would provide the council with a report on what consulting services had been retained and what the results of the services were. 2. Hearing on Assessment Ro11s for 1975 Street Improvement, Project No. 667 Axea 7 The City Manager outlined the background of the Street Improvement Assessment policy which was adopted by the city council in June, 1970. He stated that an important .element of the city-wide improvement project was that the same assessment policy would remain in effect until the entire project is completed in 1977 which assured all property owners of receiving equal treatment far assessment. Council Meeting Minutes -2- July 26, 197G Peter Eberz, Public Works D~.rector, stated that all residents had been notified of this hearing. Attorney George Keneally represented Programmed Land, Inc., 5516 Lyndale, owners of property at 7701-7737 Nicollet, plat 44834, parcels 0715 and 0751, who objected to the equality of the assessment formula. Mr. Edes and Glenn Shaw of Programmed Land, Inc. were also present. Clayton LeFevere, City Attorney, spoke regarding the assessment and questioning the curb cut as requested by Programmed Land, Inc. Motion by Anderson, seconded by Luettinger that a decision on this assessment be deferred until the August 9th council meeting to permit the staff to review the questions raised by the owner. All ayes - Carried. Jack Duntley, representing his grandmother, Goldie Duntley, 7426 Blaisdell, inquired as to whether any special provisions had been set for persons on social .security. The City Attorney stated no provisions had been made. The City Manager said someone from the city staff would talk with Mrs. Duntley within the week to discuss her assessment on an individual basis.e Mrs. Marcella G. Woodall, 7727 Wentworth, stated she objected. to her property being included in the commercial assessment category. It was pointed out ry the council .that this property is zoned commercial. . Motion by Jacobsen, seconded by Ludeman to defer a decision on this assessment to the August 9th council meeting to permit the staff to review the questions raised by the owner. Mervin Kuehn, 7421 Third Avenue, raised questions regarding his assessment. Motion by Anderson, seconded by Jacobsen to close the hearing.. 1 ~~ L~ A11 ayes - Carried. _ .* Council Meeting Minutes -3- July 26, 1976 P4otion by Anderson, seconded by Ludeman that all assessments be approved with the exception of the two properties deferred to the.August 9th meeting. A11 ayes - Carried. Motion by Anderson, seco~ided 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.~5567 RFSOLtTTION ADOPTING ASSESSMENT ON CITY PROJECT N0. 667, AREA N0. 7 Poll of votes: Ayes -Anderson, Jacobsen, Ludeman, Luettinger, Law. Noyes - None. Carried. 7.'his resolution appears as Resolution No. 5567 in Resolution Book No. 39. 3. An Amendment to the Zoning Ordinance Regarding Planned-Unit Development •City Attorney, Clayton LeFevere, reviewed Bi11 No._I976-16, "An Amendment to Chapter IIT, Part IV of the Ordinance Code of the Gity of Richfield", relating to zoning which is amended by adding a new section 3.34A, "Planned Unit Development 'Zoning District", the~same being on file in the office of the city cleric. (C-9733) Richard Krier, Planning Director, answered questions posed by the council. Under paragraph headed, Car Space, Occupant and Total, it was suggested that the words ''charge or" be eliminated and "a" inserted. I/otion by Jacobsen, seconded by Ludeman that this constitute a first reading of Bi11 No. 1976-1&; that it be published in the official newspaper and that second reading of this ordinance amendment be scheduled for the meeting of . August 9, 1976. • Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None. carried. 1~. AppLroval of Minutes, Tabulation of Bids and Award of Contract for We11 Drilling. The City Manager reviewed the minutes and bid tabulation for drilling of deep well No. 7 and advised that the low bid was submitted by E. H. Renner and Sons We11 Company in the amount of $80,570 and recommended council approval of this low bid. Council Meeting Minutes -4-' July 26, 1976 Motion by Anderson, seconded by Ludeman to approve the bid minutes. • A11 ayes - Carried. . Motion by Jacobsen, seconded by Anderson to approve the City Manager's recom- mendation to execute a contract with this firm .and to initiate the first phase of City Pro3ect No. 697. All ayes _ Carried. 5. Purchase in Excess of $1,000 The City Manager reported that the fixed ladder at Lift Station No. 4 was badly deteriorated and created a safety hazard and requested council authorization to purchase a replacement-fixed ladder with safety cage as required by the Occupational Safety and Health Act in the amount of $2,510. Motion by Jacobsen, seconded by Anderson to approve the Manager's recommendation and authorize this purchase. ' All ayes - Carried. ' 6. Washington Park .Tennis Courts The City Manager outlined the proposed tennis court construction for Wash- ington Park and advised that the low bid was in the amount of $32,5$6. Motion by Anderson, seconded by Jacobsen to approve the bid minutes. All ayes - Carried. '• Motion by Jacobsen, seconded by Anderson that the following resolution be adopted; and that paragraph 2 be. amended as follows: . delete "with an~est~.mated construction cost ", and insert '!in the amount", that it be spread in the resolution book and that it be made a part of these minutes: - RESOLUTION N0. 5565 RESOLUTION ACCEPTING BTD AND AWARDING CONTRACT TO BITUMINOUS ROADWAYS, TNCo -FOR TAE CONSTRUCTION OF TENNIS COURT FACTLTTTES AT WASHINGTON PARK CITY PROJECT N0. 673 Clerk's File C-9735 .4P ,~• Council Meeting Minutes -5- July 26, 1976 Po11 of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Naves - None. Carried. This resolution appears as Resolution No. 5565 in Resolutior. Book No. 39. 7. Preliminary Engineering Resort on Permanent Street Construction and Street Lighting Proposed for 1977 The City Manager reviewed the preliminary engineering report on the approx- imately siA miles of permanent street improvements and street lighting proposed for construction in 1977 in areas 12, 14-A and 15. He advised that the date of hearing had been set for September 27, 1976. 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.' 5563 RESOLUTION RECEIVING PRELIMINARY ENGINEERING. REPORTS AND CONFIRMING DATE OF HEARING ON PERMANENT STREET IMPROV~NTS, ORNAMENTAL STREET LIGHTS AND APPURTENANCES THERETO CITY PROJECT N0. 686. C1erk•'s File C-9734 Po11 of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Naves - None. Carried. Phis resolution appears as Resolution No. 5563 in Resolution Book Na. 39. e 8. Discussion of Problems Relating to 62nd Street Crosstown Highway ,. State Representative, Shirley Hokanson, appeared before the council to discuss the concerns of residents living near the Crosstown Highway and to report on the results of a questionnaire that was sent to residents abutting and one block south of the 62nd Street Crosstown. . Also present were State Representative Richard Lemke, Senator William Kirschner, State Representative James Swanson, William Dean, Don Sessing of the House Trans- gortation Committee, Herbert Klossner, Hennepin Gounty Commissioner's Office, and fx'om the State Highway Department; Charles Bourough, William Crawford and Ron Canner. Council Meeting Minutes -6- July 26, 1976 The following residents were present and addressed questions to the state . and county representatives: Carroll Norling, 6228 Pleasant Malcolm Sorenson, 6232 Bryant Duane Blanchard, 6224 Newton Jerry Wasick, 6222 Logan . Thomas Cundy, 6204 Upton Jim Paulson, 6210 Logan Mrs. Eide, 6121 Morgan Don Houlding, 7145 13th Avenue Orville Evenson, 7000 3rd Avenue Gordon Anderson, 7301 Elliot C. J. Petersen, 6204 Logan Sophie Gunstedt, 6231 Pillsbury Members from the State Highway Department responded to questions from residents. Mr. Crawford made the presentation for the state reporting that they were in the process of planning for 1977 sound wall construction on the part of the highway under their jurisdiction. He stated funds were .short to keep up maintenance of highways. Mr. Klossner stated there was no money available from the federal or state governments for county sound abatement at this time. . Residents expressed concern over the safety hazards along the Crossto~,m near Penn Avenue and also the general construction of the highway. Councilman Luettinger stated that at the beginning, the council did not approve the highway design. Councilman Anderson concurred. ,Mayor Law asked if Mr. Klossner would agree to study the litter and safety problems in addition to the noise problem. It was suggested that a report be made within 90 days. However, in further discussion it was determined desirable to have a report from Hennepin Gounty within 30 days to permit work to be done on any required state legislation. Motion by Ludeman, 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: y t!'1 Council Meeting Minutes -7 - July 26, 1976 RESOLUTION N0. 5564 RESOLUTION CONCERNING THE NEED FOR IlKPROVED ENVIRONMENTAL AND SAFETY MEASURES ON THE 62ND CROSSTOWN HIGHWAY Po11 of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None, Carried. This resolution appears as Resolution No. 5564 in Resolution Book No. 39. Council also requested that Congressman William Frenzel be sent a copy of the above resolution. 9. Off-Street Parking Contract for Mr. Steak, 1420 East 7.8th Street Vie. City Manager presented the new dff-street parking contract for Mr. Steak at 1420 East 78th Street which was requested by council at the previous council meeting when they approved the special use permit for Mr. Steak. The off-street parlciizg contract listed the following stipulations as enumerated in Council Letter No. 219: 1. Additional landscaping be provided in accordance with the city's landscaping .policy. . 2. Fence~to be constructed on the north end of the parking lot across the length of the Mr. Steak property along 77th Street. 3. The building extension be finished in the same materials as those used on the front and sides. 4. Fence be constructed on the west side of the parking lot along the entire length of the Mr. Steak property from 78th Street to 77th ,Street except where the bowling alley building is adjacent to the property where no fence is required. The requirement for a fence from the north property line south to the bowling alley is suspended until further order of the city counc i1. S. Fenpe and landscaping be extended. along 77th Street from the east property line to the Skylark Apartment property line. This requirement is imposed in lieu of requiring the construction of .a fence on the east side of the parking lot from 77th. Street south to the'Mr. Steak building. ..~ Council Meeting Minutes -8- July 2b, 1976 Motion by Luettinger, seconded by Jacobsen to add a sixth stipulation indicating that council .is deferring any action on a possible fence along the east side of parking lot but reserves the right to bring the matter up for review if a serious problem arises. Poll of votes: Ayes - Jacobsen, Ludeman, Luettinger, Law, Nayes -- Anderson. Carried. Council also suggested that the tape of the previous council meeting be reviewed to determine what the consensus was. Motion by Luettinger, 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. 5568 . RESOLUTION~APPROVING LAYOUT AND CONTRACT FOR OFF-STREET PARKING IN ACCORDANCE WITH APPLICATION N0. 76-4, CONTRACT NO. 2218 Mr. S teak ' .1420 East 78th Street ~' ~ Use: Addition to Restaurant . . and Expansion of Parking Lot Clerk's File No. C-9736 .Poll of votes: Ayes - Jacobsen, Ludeman, Luettinger, Law. Nayes - Anderson. Carried. This resolut~.on appears as Resolution No. 5568 in Resolution Book No. 39. 10. Creation of a Shade Tree Disease Revolving Fund and Authorization of Advancement to that Fund 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. 5566 RESOLUTION CREATING THE'SHADE TREE DISEASE REVOLVING FUND AND AUTHORIZING LOANS FROM THE PERMANENT TMPROVEME.NT ' REVOLVING. FUND Poll of votes: (Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None. Carried. This resolution appears as Resolution No.~5566 in Resolution ii 1 1 Book No. 39. Council Meeting Minutes _g- July 26, 1976 ll. Barricades for Black Parties . the City Manager reported that three requests had been received far barricades for block parties. Mrs. John Kujawski, 7415 Oakland, requested that Oakland Avenue between 74th and 75th streets be barricaded on August 7, 1976 between the hours of 5:00 PM and midnight; Ms Marcia DeRoma, 6821 Sheridan, requested that Sheridan Avenue between 68th and 69th streets be barricaded on August 7, 1976 between the hours of 1:00 PM and midnight; and . ° M3 Delores Hovelson; 7240 Grarid, requested that Grand Avenue°between 72nd and 73rd streets be barricaded on July 31, 1976 between the hours of 6:"00 PM and midnight. °Moti~n by Anderson, seconded by Jacobsen that these requests for barricades •be granted and warning devices be erected by the•city in such a way so as to dis- courage through traffic, but to permit ingress and egress of emergency vehicles in the event this ~ uld be required during the times of the block parties. A11 ayes e Carried. l2. Permanent Street Paving Froject Change Orders she Public Works Director, Peter Eberz, reported that this change order provided for the construction of a private driveway on school district property with the driveway to end in: the cul-de-sac at the west end by Sheridan Avenue and that the change order and design had been requested by the School Board. • Motion 'by Jacobsen, seconded by Anderson to approve the following three change orders to the current permanent street paving program contracts: 1. $20,404.25 to amend Progressive Contractors, Inc. contract for the construction of the permanent street. 2, $882.00 to Rehbein Bros., Inc. contract for sad restoration. 3. $2,537.00 to Eagan McKay Electrical Contractors, Inc. for the installation of street lighting. Council Meeting Minutes -10- July 26, 1976 A11 ayes - Carried. 13. Change Order for.Communi~ Center Matson by Ludeman, seconded by Jacobsen to approve the change order for ABJ Enterprises, which covers electrical changes made during remodeling at the Community Center, in the amount of $395.88. All ayes - Carried, • 14. Council Staff Training Session Motion by Anderson, seconded by Jacobsen to author3.ze-the City Manager to tentatively organize a council-staff training session during October: A11 ayes - Carried. Mr. Burggraaff stated he would advise the council of the exact dates in. .the future. 15. Report on Noise Control Meeting Councilman I,uettinger~reported on a-noise control meeting he attended on citizen July•13. He suggested that the council appoint a _l, acommittee to report on noise control and requested that this he placed on the August 9th agenda as a discussion item. Stanley W. Olson, 64.20 Vincent, and Donald A. Jacobsen, 6436 Portland, also spoke on the subject. • 16. Request for Amendment to Amusement Establishment Ordinance Mr. R. A. Benson, owner of-the 7th Hour establishment,_ requested council consideration to amend the Amusement Establishment ordinance by reducing the minimum age requirement from 14 years of age to 12 years. Motion by Jacobsen, seconded by Ludeman to discuss this ordinance amendment at the August•23 council meeting. Po11 of votes: Ayes - Anderson, Jacohs~n, Ludeman, Law. Nayes - Luettinger. Carried. 1 .~ 1 _.~ Council Meeting Minutes -11- ~u1y 26, 7.976 17. Proposed Amendment to the Metrop olitan Sports Area Commission's Ownership and Operations Agreement Motion by Anderson, seconded by Jacobsen to authorize the mayor- and city manager to execute the .proposed amendment to the Metropolitan Sports Area Commission's . amendment authorizing the Sports Commission tha~.iership snd Operations Agreement, such. to maintain a maximum of $50,000 in its bank account. All ayes - Carried. 18e Payments and Estimates Motion by Anderson, seconded by Jacobsen that the following payment and estimate be approved: ~ . Henry A. Mikkelson Company, Es~imate No. 2, Contract No. 2202--94~%: Complete, City Project No. b73, Tennis Court Development - Donaldson Park - $8,839.17 _ . All ayes - Carried. 190 Licenses - - Motion by Jacobsen, seconded by I,uettinger that the following fee waived licenses be approved: . Fee Waived . - New Richfield. Historical Socie ty Food New Church of the Assumption - On-Sale Beer - New Church of the Assumption Fun Fest All ayes - Carried. Regular Renewal Dahlen Sign Company, - Sign Erector Renewal Talke Signs Inc. Sign Erector Renewal Smith 1V'ielson Vending Machine, Cigarette Renewal Red O~rl Soft Drink -_New Steve Shoves c Itinerant Food Garbage and Refuse Hauling . New G & H Sanitation, In All ayes - Carried. ., .~_ , .. Council Meeting Minutes -12- July 26, 1976 Motion by Jacobsen, seconded by Anderson to withhold issuance of licenses requested by Carman Inc,, Luxury Lanes, until all building changes have 'been made as requested. A11 ayes - Carried. Gordon Larson, President of Layman, Inc., was present and spoke to the council. Motion by Jacobsen, seconded by Anderson to approve the following kennel licenses: Kennel Licenses Renewal Richard B. Burtis, 7325, Fremont Four cats Renewal Patrick J. Berg, 7208 Logan ~ Seven cats All ayes -Carried,. Motion by Jacobsen, seconded by Ludeman :+ko approve the following taxicab licenses: Taxicab Drivers • New Daniel T. Jensen, 6732 Pleasant Avenue South New Curtis E. Nelson, 7350 Gallagher Drive, Apt, 159 New Charles J.~Doe, 5613 Hawkes Drive. New Steven H. Horsman, 3400 W. 108th Street New William J. Martin, 717 E. 77th Street New• Michael R. Nordquist, 7145 Chicago Avenue South - New Kenneth D. Anderson, Jr., 660$ Oliver Avenue South New Lori Lynn Plucinak, 2909 West 90th Street New Patrick H. Nelson, 3909 Heritage Hi11s Drive New Michael P. McGorman, 5917 Killarney Lane New Glen J. Forsberg, 6005 Logan Avenue South New Edward Hass, 4732 Wentworth Avenue South New Michael Zee Varland, 7515 Penn Avenue South _ New Robert A. Driste, 4206 Longfellw Avenue South New Jeffrey C. Wickland, 8353 Nicollet Avenue South Renewal Robert F. Hindrichs, 421 West Brooks A17. ayes - Carried. • Motion by Jacobsen, seconded by Ludeman to deny the application of Michael i~ 1 Dean Leander, 110257 Village Road, Chaska; fora new taxic~.b driver license. • + i A11 ayes - Carried. .~4 Council Meeting Minutes -13- July 26, 1976 20. Claims and Pa~rrol]. ~• Motion by Luettinger, seconded by Anderson that the following claims and payrolls be approved: RICHFIELD BANK AND TRUST Checks 24207/25351 $ 876,758.84 • SUMMIT STATE BANK Checks 14533/15298 General ~ 2,564,006.32 Checks 14511/15665 Payroll 142,472.60 All ayes - Carried. 21. Ad ournment ~. 1Kotiori by-Anderson, seconded by Jacobsen that the meeting adjourn. All ayes - Carried. 12:00 Midnight Date Approved; /1 ~~''' Thomas J. Mo an City Clerk Loren L. La Mayor • Wa a S. Burggraa C pager 1