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09-13-1976CITY OF RICHFIELD Regular Meeting September 13, 1976 The Richfield City Council met in regul~.r session in the Council Chambers of the City Hall on September 13, 1976 at 7:00 PM. The invocation was given by Councilman Ludeman. The areeting was called to order by Mayor Law. Present: Jacobsen, Ludeman, Luettinger Law Absent: Anderson (arrived at 7:10 PM) 1. Minutes Motion by Jacobsen, seconded by Luettinger that the minutes of the regular meeting of August 23 and the special meeting of September 7 be approved with the following corrections: August 28, 1976 Page 5, Item 6 Motion by Luettinger, seconded by Ludeman to investigate Bloomington's railroad warning signs ~- September 7, 1976 Page 3, Item 3 Councilman Luettinger suggested that the city council develop a list of subjects, as they reviewed the proposed budget document, which they would want to discuss with state and federal legislators. All ayes - Carried. Absent - Anderson Councilman Anderson arrived. 2. 1975 Street Improvement Project Assessment Hearing, Areas 12A and B Mrs. Barbara Molstad of 6805 Knox, (not in this assessment district) reported she had received a concrete driveway but had requested asphalt. She requested an adjustment of $73.78 on her driveway. Motion by Jacobsen, seconded by Luettinger to reduce this assessment by $73.78. (Plat 46950, Parcel 1800) All ayes - Carried. Council Meeting Minutes -2- September 13, 1976 Dean Nicholson, 415 West 74th Street, asked about the elimination of street lights on his street. The public works director indicated that this area would be included in the city wide street lighting on east-west streets. Marvin Wolfenson of the Century Court Apartments at 7437 Lyndale, protested his assessment because he felt he did not receive any benefit from the street im- provement. He also stated that the development had been prevented access from certain streets and some adjustment should be made because of it. The council considered Mr. Wolfenson's request and decided to sustain the assessment policy but advised that if a different decision were made on another commercial property which is under investigation, they would agree to reconsider this assessment. Motion by Ludeman, seconded by Anderson that no adjustment be made on this assessment with the stipulation that this assessment may be reviewed further in light of the pending case from a previous hearing. A11 ayes -Carried. Earl Youngren, treasurer of Oak Grove Lutheran Church, requested relief from an assessment on a triangular piece of property on Lyndale Avenue owned by the church. Luettinger Motion by Ludeman , seconded by -.that no change be made in this assessment. A11 ayes - Carried. Motion by Anderson, seconded by Luettinger to close the hearing. All ayes - Carried. 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 -3- September 13, 1976 RESOLUTION N0. 5583 RESOLUTION ADOPTION ASSESSMENT ON CITY PROJECT N0. 667 AREA N0. 8, EAST OF LYNDALE AVENUE AND AREAS 12A AND B Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes~- None. Carried. This resolution appears as Resolution No. 5583 in Resolution Book No. 39. 3. 1975 Street Improvement Project Assessment Hearing, Areas 7, 8 and 9 (Deferred) Motion by Jacobsen, seconded by Luettinger that this item be deferred per staff request. All ayes - Carried. 4. Request for Special Use Permit, 7521 Dupont Avenue Wayne Burggraaff, city manager, reviewed the request of Mrs. Ruth Erickson of 7517 Dupont Avenue, for a special use permit to allow a Group Family Day Care Home in a house located at 7521 Dupont, the property adjacent to her home and advised that the staff had recommended denial of this request in view of the size of the home and the number of children and adults which would use the facility. Mrs. Erickson, the applicant, appeared and indicated she would like the special use permit to cover both locations, 7517 and 7521 Dupont Avenue, together. Clayton LeFevere, city attorney, advised that the present application should not be enlarged as it would necessitate a new application. Gertrude Ulrich, 7601 Aldrich, spoke in favor of this application. Motion by Jacobsen, seconded by Anderson to close the hearing. A11 ayes - Carried. Motion by Ludeman, seconded by Luettinger to grant this special use permit with the stipulation that all city health, fire and safety requirements are met, and that the adjacent back yard at 7517 be included. A11 ayes - Carried. 5. Ordinance Amendment Regulating Certain Activities Upon Surface of Bodies of Water in the City. Second Reading Bi11 No. 1976-17, "An Amendment to Chapter IV of the Ordinance Code of the Council Meeting Minutes -4- September 13, 1976 City of Richfield" regulating use of streets, public ways and grounds, was read and reviewed by the city attorney, the same being on file in the office of the city clerk. (C-9.743) Motion by Luettinger, seconded by .Jacobsen to close the hearing. A11 ayes - Carried. Motion by Luettinger, seconded by Jacobsen that this constitute a second reading of Bill No, 1976-17; 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. Hayes - None. Carried. 6o Noise Barriers Along the Joint 62nd Crosstown - 35W Expressway The city manager reviewed the proposal from the Minnesota Highway Department for construction of noise barriers at specific locations along a joint section of the 62nd Street Crosstown - 35W Expressway within the City of Richfield. The proposed locations of the noise barriers, which are recommended by the Minnesota Highway Department, reflect the desires of the majority of the residents as in- dicated at two public hearings. Mark Sorenson, 6232 Bryant, spoke in favor of the project and suggested the city provide ornamental lighting along the .frontage road during the 1977 street improvement. 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. 5579 RESOLUTION APPROVING PRELIMINARY PLANS FOR THE IMPROVEMENT OF A PART OF TRUNK HIGHWAY NUMBER 394 RENUMBERED TRUNK HIGHin~AY NUMBER 35W WITHIN THE CORPORATED LIMITS OF THE CITY OF RICHFIELD FROM THE E;. JUNCTION CSAH 62 TO W. JUNCTION CSAH 62 - NOISE ABATEMENT BARRIERS 215 - S. P. 2782-167 Clerk's File No. C-9746 u Council Meeting Minutes -5- September 13, 1976 Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None. Carried. This resolution appears as Resolution No. 5579 in Resolution Book No. 39. :~. 7. Discussion of City Sign Ordinances The city manager submitted a proposal which provided for the planning department staff to develop a proposed new sign ordinance over a six month period. The pro- posal included the appointment of an advisory committee to assist in the process. Motion by Anderson, seconded by Jacobsen to approve the creation of an ad hoc advisory committee to assist in the preparation of a new sign ordinance with the committee to consist of nine individuals as outlined in Council Letter No. 284 with the provision that a council member not be included and that two additional citizen members be added. All ayes - Carried. Council members requested that the appointment of the citizen members be included on the agenda for the special council meeting on September 20. 8. Discussion of Noise Control Gertrude Ulrich, 7601 Aldrich, spoke in support of the council establishing a citizens committee to study noise problems. She presented a list of individuals interested in such a study. Motion by Ludeman, seconded by Anderson to request the staff to develop a discussion paper on areas where an ordinance could be developed and the cost aspects of enforcement. A11 ayes - Carried. 9. Employee Residency Councilman Luettinger discussed his concerns about residency requirements of city employees-and said he would like to see the ordinance amended giving council the authority to require employees to reside in the city. Council Meeting Minutes -6- September 13, 1976 The city manager reported on a recently enacted ordinance in St. Paul. Motion by Luettinger, seconded by Jacobsen to direct the city manager to prepare a report on employee residency requirements and provide council members with~a list of full time city employees and their place of residence. Poll of votes: Ayes - Jacobsen, Ludeman, Luettinger, Law. Nayes - Anderson. Carried. 10. Request for Approval of Acquisition of Richfield Lake Property The city attorney reviewed the litigation that has transpired since 1972 rr: with Belle Rutman of the Lyndale Fruit and Vegetable Market regarding ownership of land in the vicinity of Richfield Lake. The court's stipulation allows the city to purchase certain acerage for $35,714. Motion by Jacobsen, seconded by Luettinger to approve the acquisition of this property in the amount of $35,714 for general municipal purposes, such purchase to be funded by the Sewer Utility Fund and the Special Revenue Fund. Bill No. 1976-19, Transitory Ordinance No. 16.38, "An Ordinance Providing fog the Expenditure of Money from the Special Revenue Fund for the Acquisition of Certain Land Located in the Vicinity of Richfield Lake", was read and reviewed, the same being on file in the office of the city clerk. (C-9747) Motion by Ludeman, seconded by Jacobsen that this constitute first reading of Bill No. 1976-19; that it be published in the official newspaper and that second reading of this ordinance amendment be scheduled for the council meeting of September 27, 1976. Po11 of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None. Carried. 11. Ordinance Amendment Regulating Bingo Clayton LeFevere, city attorney, reviewed the proposed ordinance amendment relating to the licensing and playing of bingo, "Amendment to Chapter V, Part II, Section 5.19 of the Ordinance Code of the City of Richfield ". Council Meeting Minutes -7- September 13, 1976 Motion by Law, seconded by Jacobsen to direct the staff to determine a cost estimate of enforcement of this proposed ordinance and to provide the existing license holders with a copy of the proposed ordinance for study prior to the next council meeting. All ayes - Carried. 12. Discussion of Knutson Project Special Use Apartment Permit Robert Nelson of Wo1d Associates, reviewed the building plans of the Knutson project. Messrs. Glen Olson and Robert Liebig of the Knutson Corporation were also present. No action was required since the special apartment use permit had been approved at a previous meeting. 13. Stop Sign Requests Joyce Wilde administrative assistant, presented the requests for stop signs that were acted upon at the August 30 meeting of the traffic control committee. Motion by Jacobsen, seconded by Luettinger 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. 5580 RESOLUTION RELATING TO TRAFFIC CONTROL SIGNS "STOP" SIGNS ON IOTH AVENUE AT 67TH STREET STOPPING 10TH AVENUE TRAFFIC AT 67TH STREET RESOLUTION N0. 5582 RESOLUTION RELATING TO TRAFFIC CONTROL SIGNS REMOVE "NO PARKING 8:00 A.M. TO 4:00 P,M. SCHOOL DAYS" ON WEST SIDE OF EMERSON AVENUE FROM 65TH STREET TO 66TH STREET Po11 of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None. Carried. These resolutions appear as Resolutions Numbers 5580 and 5582 in Resolution Book No. 39. Council Meeting Minutes -8- September 13, 1976 Motion. by Ludeman, seconded by Law 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. 5581 RESOLUTION RELATING TO TRAFFIC CONTROL SIGNS "STOP" SIGNS ON 77TH STREET AND LOGAN AVENUE, MAKING INTERSECTION A FOUR-WAY STOP _ Poll of votes: Ayes - Jacobsen, Ludeman, Luettinger, Law. Nayes - Anderson. Carried. This resolution appears as Resolution No. 5581 in Resolution Book No. 39. 14. Fremont Park Plan and Specifications and Authorization to Ca11 for Bids Park and recreation director, Don Fondrick, advised that final plans and specifications for redevelopment of Fremont Park Tot Lot had been prepared and approved by the neighbors of the area and the park and recreation advisory com- mission and requested council approval and authorization to call for bids. 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. 5584 APPROVAL OF CONCEPT PLAN FOR FREMONT PARK, APPROVAL OF FINAL PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR FREMONT PARK TOT LOT Poll of votes: Ayes - Anderson, Jacobsen, Luettinger, Ludeman, Law. Nayes - None. Carried. This resolution appears as Resolution No. 5584 in Resolution Book No. 39. Mr. Fondrick ~.lso reported that the city staff had completed final plans and specifications -for the improved pathways at Taft Park, City Project No. 687, and since the city council had authorized staff to make application for Community Development Block Grant funding, which included $10,000 appropriations for this project, he was requesting authorization to call for bids. Council Meeting Minutes -9- September 13, 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 N0. 5585 APPROVAL OF FINAL PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR PATHWAYS AT TAFT PARK Poll of votes: Ayes - Anderson, Jacobsen, Luettinger, Ludeman, Law. Nayes - None. Carried. This resolution appears as Resolution No. 5585 in Resolution Book No. 39. Motion by Jacobsen, seconded by Ludeman that a letter of appreciation be sent to Paul H. Fritzke and David H. Dunham, of the Richfield Hockey Association, for volunteer maintenance work at the ice arena. A11 ayes - Carried. Recess 9:20 PM Reconvene 9:35 PM 15. Discussion of Possible City Use of School District Swimming Pools The city manager advised that the joint facilities committee should meet before a meeting is arranged with the school board. Several dates were suggested and the manager agreed to make arrangements for a time that wpuld be acceptable to both parties. Motion by Jacobsen, seconded by Ludeman that Mayor Law a~.d Councilman Luettinger be the council's representatives at the joint facilities committee. A11 ayes - Carried. 16. Request for Barricades for flock Pantie s Motion by Ludeman, seconded by Luettinger to approve two requests for barricades for block parties; Mr. Leo Jolly, 348 Apple Lane, who has requested that Apple Lane at 66th Street and 3rd Avenue be barricaded between the hours Council Meeting Minutes -10- September 13, 1976 of 3:00 PM and mielnight on September 25, and Mr. Walter Hallock, 6909 'Thomas Avenue who has requested Thomas Avenue be barricaded between 69th Street and 70th Street between the hours of 2:00 PM and 9:00 PM on September 25, 1976. 'The only stipulation attached to~these approvals is that the city erect barricades and warning devices in such a way so as to permit the ingress and egress of emergency vehicles should it become necessary during the time of the block parties. A11 ayes - Carried. 17. Payments and Estimates Motion by Anderson, seconded by Luettinger that the following payments and estimates tie approved: A. Egan McKay Electrical Coxttractors, Inc., Estimate No, 4, Contract No. 2213, 43% complete. City Project 674, Ornamental Street Lighting Areas No. 10 and 11 - $60,341.40 B. Frogressive Contractors, Inc., Estimate No. 5, Contr~,tti N2a. 2212, 97% complete, City Project No. 674, 1976 Street. ~'a.Ving, Areas No. 10 and 11 - $705,542.03 C. W & G Rehbein Brothers, Tnc.., Estimate No, 2, Contract Nv.."214, 63% complete, City project. No. 674, 1976 Turf and P1ant~ Installation for Area No. 11 - $39,041.67 D. Minnesota Va11eg Surfacing Co., Estimate No. 9 and Final, Contract No. 2193, City project No. 667, 1975 Street Paving, Areas 8, 12A and 12B - $174,521.24. A11 ayes - Carried. 18. Claims ante Payrolls Motion by-Jacobsen, seconded by Law that the following claims and payrolls be approved: Council Meeting Minutes RICHFIELD BANK AND TRUST Checks 25752/25978 SUMMIT STATE BANK Checks 16450/16766 Payroll Checks 16082/16788 General All ayes - Carried. 19. Licenses -11- Amount $1,985,487.95 $ 134,643.62 624,128.08 September 13, 1976 Motion by Luettinger, seconded by Anderson that the following licenses be approved: Re ular New Luxury Lanes, 7711 14th Avenue Music box, 4 coin operated amuse. mach. New Budget Inn, 7460 Cedar Ice machine, 3 vending machine, soft drink, cigarette Renewal Richfield Racquet Club, 7620 Penn Soft drink Kennel Licenses Renewal Dorothy Masoner, 6326 Clinton 4 dogs New Karen Hughes, 7527 Penn 3 cats Taxicab Drivers New James A. Russeth, 15815 Hill Road, Wayzata New Robert B. Watson, 1609 Elliot New David M. Tremewah, 3712 37th Avenue New Josephine E. Franke, 8505 W. Bacandi, Inver Grove Hgts. New David A. Powell, 6324 16th Avenue New Steven L. Leisz, 1356 E. Maynard Drive, St. Paul New William A. Farris, Box 28, Albertville New Steven Hultmann, 434 Blake Road, Hopkins New Teresa A. Hayes, 872 Hamel Road, Hamel New Leo Gallagher, 1729 LaSalle New Jean E. B. Larson, 6608 Oliver New Robert Dellmore, 609 Reaney St., St. Paul New Steven T. Fosseen, 2819 Layman New Richard 0. Leistigo, 4830 Chicago New Steven J. Wolters, 3645 33rd Avenue New James A. Brussell, 6328 Cedar New Brian. B. Bergeason, 3038 Garfield New Larry J. Osgood, 7435 Lyndale All ayes - Carried. Council Meeting Minutes -12- September 13, 1976 20. Ad j ournsnent Motion by Luettinger, seconded by Anderson that the meeting adjourn. All ayes - Carried. Time: 11:00 PM. Date Approved: Se~temi~.er 27, 1976 _ Lo en L. Law ayor ~~~J~-y Thomas J. Mor City Clerk Wayne S. Burggraaff y Ma r 1