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09-27-1976CITY OF RICHFIELD Regular Meeting September 27, 1976 The Council of the City of Richfield met in regular session in the Council Chambers of the City Ha11 on Monday, September 27, 1976 at 7:00 PM. Rev. Paul Romstad of Woodlake Lutheran Church, gave the invocation. The meeting was called to order by Mayor Law. Present: Anderson, Jacobsen, Ludeman, Luettinger, Law 1. Minutes Motion by Ludeman, seconded by Jacobsen to'amend the minutes of the September 9, 1976 meeting as follows: Page 1, Para 2. Council indicated a desire for department directors to continue work on a definitive policy on attendance at out-of-state conferences and training programs and directed that such a proposed policy be resubmitted to the council for consideration before the 1977 budget is adopted. Minutes of September: Defer approval until Item 4, Request for Special Use Permit, 7521 Dupont Avenue has been amended to include discussion on the back yard of 7517 Dupont. All ayes - Carried. Motion .by Luettinger, seconded by Jacobsen that the minutes of the September 20, 1976 meeting be approved as presented. All ayes - Carried. 2. Public Safety Department Commendation Awards Public safety director, Tom Morgan, introduced new employees and officers that had been promoted during the past year. Mr. Morgan also presented Police Agent Michael Sankey and Police Officer Thomas Carroll who had been selected to receive awards for actions taken during the period of January through June of this year. Mayor Law presented the commendation awards to each officer. Council Meeting Minutes -2- September 27, 1976 3. Hearin on Proposed Permanent Street Construction and Ornamental Street Lighting Scheduled for 1977 Peter Eberz, public works director, outlined the proposed permanent street construction and ornamental lighting scheduled for 1977. This project conforms with the 1976/81 Capital Improvement Program which was adopted by the city council in March of 1976. The proposed construction covers approximately 9.5 street miles and includes Districts 12, 14A and 15. Mr. Eberz also reported that all residents have been advised of this hearing and provided a brochure pertaining to the permanent street improvements. The following residents appeared: Area 14A Ken Koeneman of 6811 20th Avenue, presented a petition (C-9748) with 28 of 30 signatures against the street improvement in the Rich Acres (14-A) area. Mr. Koeneman spoke of the airport master plan which may affect this area if the MAC removes houses by 1980 and encouraged a delay until the airport 5 year master plan has been implemented. David Tonstad, 6838 19th Avenue, also encouraged a delay until the airport master plan is implemented, but he indicated he was in favor of the project. Motion by Luet~tinger, seconded by Ludeman to defer discussion on this area until later in the evening after the presentation by the MAC. All ayes - Carried. Area 12 Jerome Jackson of 6328 West Pleasant was concerned about the street width Ronald Larson, 6305 Bryant, inquired about retaining walls and his assessment. C.. D. Norling, 6220 Pleasant, questioned the method for computing the assessment for side streets. Council Meeting Minutes -3- September 27, 1976 Roger Peterson, 906 Mildred Drive, asked about the Richfield Lake area. Audrey Hanson, 7230 Lyndale, spoke about the width of Lyndale Avenue and preserving the existing trees. Steven Meyer, 7128 Lyndale, also spoke about the width of Lyndale Avenue and presented a petition in favor of retaining the residential atmosphere of the area. (C-9749) He also requested that the planning on Lyndale Avenue include construction at a width other than 44 feet and .that the residents be notified at least two to three weeks prior to the time of the council hearing. There being no othe ~ wishing to make a presentation on this subject, the city council moved to the next agenda item with the understanding that they would return to this hearing and make a decision on authorizing the project after hearing the MAC presentation. 4 Deferred Assessments 1975 Street Improvements, City Project No. 667 Programmed Land - Parcel 44834-9715 George Kenealey, attorney for Programmed Land, Inc., quoted from a second appraisal he had obtained from Russell Smith Associates. "It is my understanding that the assessments can be made on a project such as this in an amount no greater than the enhancement which-those improvements created. It is my understanding that Richfield will not allow the use of 77th Street by way of access to, or from this property. That is, the owners and customers utilizing the subject property must gain access to the property from other than 77th Street. With this factor and restriction in mind, I see no way in which the subject property is enhanced by any work on 77th Street." Mr. Kenealey further stated that, in an effort to compromise the matter, his client would offer to pay the entire $12,000 assessment if the council will give them the benefit of having an access to the permanent street on 77th Street. Motion by Jacobsen, seconded by Luettinger to defer further action on this assessment to the special meeting of October 8, and call a hearing on the curb cut opening on 77th Street. Poll of votes: Ayes - Jacobsen, Ludeman, Luettinger, Law. Nayes - Anderson. Carried. Council Meeting Minutes -4- September 27, 1976 5. Presentation of Master Plan Report for Minneapolis-St. Paul•International Airport Representatives from the MAC presented an overall review of their study of the Minneapolis-St. Paul International Airport Master Plan Study. Motion by Law, seconded by Ludeman to direct the PCA to reply within 30 days with their plans for enforcement of noise standards. 6. Hearin on Proposed Permanent Street Construction and Ornamental Street Lighting Scheduled for 1977 The council returned to the discussion of proposed 1977 street improvement and considered authorizing all proposed work with the exception of deferring a decision on District 14A. Motion by Jacobsen, seconded by Anderson that the following resolution be adopted, with the exception of "Street Improvement District 14A", that it be spread in the resolution book and that it be made a part of these tnin-ttes: RESOLUTION N0. 5586 RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR PERMANENT PAVING, CONCRETE CURB AND GUTTER AND ORNAMENTAL STREET LIGHTS AND APPURTENANCES THERETO CITY PROJECT N0. 686 Districts 12 and 15 Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None. Carried. This resolution appears as Resolution No. 5586 in Resolut"ion Book No. 39. 7. Ambulance Study Report Public safety director, Tom Morgan, presented the final report of the Ambulance Study Committee with recommendations that the city, by council reso- lution, request that Hennepin County expendite a plan recently promulgated for the coordination of both public and private ambulance services within the county under authority granted to the county by the Minnesota State Legislature. 1 Council Meeting Minutes -5- 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. 5587 RESOLUTION IN SUPPORT OF THE "PLAN FOR THE EMERGENCY MEDICAL SERVICES COUNCIL " OF HENNEPIN COUNTY, MINNESOTA Po11 of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None. Carried. This resolution appears as Resolution No. 5587 in Resolution Book No. 39. 8. Deferred Assessments 1975 Street Improvements, City Project No. 667 1'he council continued discussion of the deferred 1975 street assessments. Mr. Redman - 7120 Irving Avenue South Motion by Jacobsen, seconded by Ludeman to grant Mr. Redman a $249.37 credit on his driveway assessment. All ayes - Carried. Motion by Jacobsen, seconded by Ludeman to grant no reimbursement for replacement of a planter which Mr. Redman had requested. Po11 of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger. Nayes - Law. Carried. Mr. J. J. Hyman - 6935 Irving Avenue South Motion by Anderson, seconded by Jacobsen that no change be made in this assessment. A11 ayes - Carried. R. G. Anderson - 7308 James Avenue South Motion by Ludeman, seconded by Jacobsen to grant a credit of $200 on this assessment. All ayes - Carried. Council Meeting Minutes -6- September 27, 1976 Robert J. Anderson - 7501 Girard Avenue South Motion by Jacobsen, seconded by Luettinger to adopt this assessment as originally proposed. All aye s - Carried. Jack Frolund - 7541 Emerson Avenue South The public works director read a letter from Mr. Frolund stating his driveway was one foot over his property line and he requested two additional feet added to his driveway. Motion by Ludeman to extend the driveway two feet north. Motion failed for lack of a second. Motion by Jacobsen, seconded by Ludeman to adopt this assessment as proposed and to continue discussion of the driveway correction at the first regular meeting following the adoption of the budget. A11 ayes - Carried. Larry Beckman - 7309 B ant Avenue South Motion by Law, seconded by Ludeman to grant a $150.58 credit on this assessment. All ayes - Carried (Not on Agenda) Mrs. Opal Warner, 1401 E. 62nd Street Mrs. Warner said the slab was not satisfactory and requested replacement. Motion by Law, seconded by Ludeman to replace the slab. Po11 of votes; Ayes - Jacobsen, Ludeman, Luettinger, Law. Nayes - Anderson. Carried. 9_. Second Readin of Transitory Appropriation Ordinance for Richfield Lake Property Acquisition Bill No. 1976-19, Transitory Ordinance No. 16.38, "An Ordinance Providing for 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 Council Meeting Minutes -7- September 27, 1976 by assistant city attorney, John Dean, the same being on file in the office of the city clerk. (C-9747) 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. 1976-19; that it be published in the official newspaper and that it be made a part of these minutes. Po11 of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - " None. Carried. 10. Proposed Amendment Regulating the Licensing and Playing of Bingo. First Reading Bi11 No. 1976-20, "An Amendment to Chapter V, Part II, Section 5.19 of the Ordinance Code of the City of Richfield", relating to the licensing and playing of bingo, was read and reviewed by the assistant city attorney, the same being on file in the office of the city clerk. (C-9750) fih.e assistant city attorney presented two revisions to the proposed amendment and the council requested the staff to suggest a daily permit fee for those organizations that would conduct a bingo occasion less than five times a year. Motion by Jacobsen, seconded by Law that this constitute a first reading of Bi11 No. 1976-20; that it be published in the official newspaper and that second .reading of this ordinance amendment be scheduled for October l2, 1976. Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None. Carried. 11. Authorization to Ca11 for Bids for the Installation of a Fire Suppression Sprinkler System Peter Eberz, public works director, advised that Orr-Schelen-Mayeron and Associates had prepared specifications for this project as ordered by the council Council Meeting Minutes -8- September 27, 1976 at the August 23rd meeting and requested that the council authorize the call for bids for this project. Motion. by Jacobsen, seconded by Luettinger to authorize the call for bids for City .Project No. 693, such bids to be opened on Wednesday, October 20, 1976. All ayes - Carried. 12. Purchase in Excess of $1,000 Don Fondrick, park and recreation director, advised the council that the Donaldson Park redevelopment project was nearing completion and requested approval of three purchases in excess of $1,000 in order to complete this project. Mr. Fondrick also requested approval of two purchases in excess of $1,000 to complete the site improvements at the Richfield Ice Arena and Swimming Pool complex. Motion by Jacobsen, seconded by Anderson to authorize the following purchases as enumerated in Council Letter No. 294: A. Fencing along the right field at the Donaldson Park baseball field in the amount of $1,865.00. B. Outfield fencing of the West Babe Ruth baseball field at Donaldson Park in the amount of $1,899.00. C. Trees to be planted in Donaldson and other park areas with the average cost per tree of $397.00. All ayes - Carried.. _ Motion by Luettinger, seconded by Jacobsen to authorize the following purchases in excess of $1,000: A. Asphalt work at the Richfield Ice Arena - $4,529.00. B. Lumber for site improvements at the Ice Arena - $1,850.00. All ayes - Carried. Council Meeting Minutes -9- September 27, 1976 13. Authorization to Call for Bids - Community Center Repair Project 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. 5588 RESOLUTION ORDERING IMPROVEMENT AT RICHFIELD COMMUNITY CENTER AND ' AUTHORIZING CALL FOR BIDS Po11 of votes; Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None. Carried. This resolution appears as Resolution No. 5588 in Resolution Book No. 39. 14. Authorization to Dispose of City Equipment Tom Morgan, public safety director, requested authorization to dispose of fire engine No. 3, a 1946 G.P.M. pumper, and negotiate the offer of the City of Willow River of $2,000 on the condition that the city retain some of the equipment originally included in the sale price of $3,500. Motion by Ludeman, 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. 5589 RESOLUTION AUTHORIZING DISPOSAL OF CITY EQUIPMENT Po11 of votes; Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None. Carried, This resolution appears as Resolution No. 5589 in Resolution Book No. 39. 15. Resolution Permitting Hennepin County Department of Highways to Use City Owned Land 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 part Council Meeting. Minutes of these minutes: -lo- RESOLUTION N0. 5605 RESOLUTION AUTHORIZING HENNEPIN COUNTY TO PLACE A TRAFFIC SIGNAL CONTROLLER ON PROPERTY OWNED BY THE CITY OF RICHFIELD September 27, 1976 Council requested that desirable landscaping be installed at county expense around the traffic control device. Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Naves - None. Carried. This resolution appears as Resolution No. 5605 in Resolution Book No. 39. 16. Report on Wine Dispensing License Motion by Luettinger, seconded by Law that this item be deferred. All ayes - Carried. 17. Resolutions Certifying Delinquent Assessments 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 .mip.utes: RESOLUTION N0. 5606 RESOLUTION CERTIFYING UNPAID WATER SERVICE CHARGES TO THE COUNTY AUDITOR TO BE COLLECTED WITH OTHER TAXES ON SAID PROPERTIES RESOLUTION N0. 5607 RESOLUTION CERTIFYING UNPAID SEWER SERVICE CHARGES TO THE COUNTY AUDITOR TO BE COLLECTED WITH OTHER TAXES ON SAID PROPERTIES RESOLUTION N0. 5608 RESOLUTION LEVYING SPECIAL ASSESSMENT FOR WEED DESTRUCTION RESOLUTION N0. 5609 RESOLUTION LEVYING SPECIAL ASSESSMENTS FOR ABATEMENT OF DISEASED TREE ~~ L1 Council Meeting Minutes -11- September 27, 1976 Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None. Carried. These resolutions appear as Resolutions numbers 5606 through 5609 in Resolution Book No. 39. Mayor Law read a letter from the occupant of 2118 West 69th Street pro- testing his assessment of $18.00 for nuisance abatement. Motion by Anderson, seconded by Jacobsen that this assessment be forgiven. 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: RESOLUTION N0. 5610 RESOLUTION LEVYING SPECIAL ASSESSMENT FOR NUISANCE ABATEMENT Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None. Carried. 'T'his resolution appears as Resolution No. 5610 in Resolution Book No. 39. 18. Resolution Providing for Polling Places and Designating Judges for the General Election Motion by Law, 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. 5611 RESOLUTION PROVIDING FOR POLLING PLACES AND DESIGNATING JUDGES FOR GENERAL ELECTION - NOVEMBER 2, 1976 Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None. Carried. This resolution appears as Resolution No. 5611 and Resolution Book No. 39. 19. Sign Ordinance Committee Council Meeting Minutes -12- September 27, 1976 Motion by Jacobsen, seconded by Anderson to appoint Frank Lutz to serve on the sign committee. All ayes - Carried. In addition to Mr. Lutz, the following people have been selected to serve on the sign committee: Gordon McKinnon Craig Loftquist, Naegele Outdoor Advertising Donald Erickson, representative of National Electric Sign Contractors Toni Doherty, Doherty Furniture and Carpet Co. George Johnson, Environmentalist and Richfield resident Bob Nelson, Architect Planning commission member ' Bill Schlegel, former member of 1972 committee 20. _Setting Date of Hearin for Lemon Tree Liquor License Application Motion by Anderson,-seconded by Jacobsen to set October 12, 1976 for the date of hearing Jimmie's Lemon Tree Restaurant and Barbecue's application for on-sale liquor license. All ayes -.Carried. 21. Payments and Estimates Motion by Anderson, seconded by Jacobsen. that the following. payment and estimate be approved: B & E Enterprizes, Estimate No.6 and final, C. P. 675 Contract No. 2196 -.Penn Liquor Store - $22,136.00 - A11 ayes - Carried. 22. Claims and Payrolls Motion by Anderson, seconded by Jacobsen-that the following claims and payrolls be approved: RICHFIELD BANK AND TRUST Amount Checks 24271/26412 $643,429.85 SUMMIT STATE BANK 1 Checks 16780/16829 General $620,949.86 Checks 16834/17393 Payroll 125,749.05 Council Meeting Minutes -13- September 27, 1976 All ayes - Carried. 23. Licenses Motion by Luettinger, seconded by Jacobsen that the following licenses be approved: Re ular New Edina Morningside Sanitation, Inc., Savage Garbage and refuse New Lindahl Olds, 13407 McGinty Road Itinerant food est. Taxicab Drivers New Grayson Morris, 10209 Xerxes, Bloomington New John C. Doering, 5559 36th Avenue, Minneapolis Renewal James E. Rummel, Route 1, Shakopee Renewal James J. Rahe, 281 River Woods Lane, Burnsville New Larry G. Christine, 7539 Penn Avenue Renewal Greg T. Ward, 6300 Morgan New Bruce D. Erickson, 50''0 Woodridge Road, Mound New Patrick K. Swope, 2106 Carnglian Lane, Eagen Renewal Owne W. Parker, 3744 W. Calhoun Parkway, Minneapolis New Jerry De an, 3511 19th Avenue, Minneapolis New Jeffrey C. Munson, 733 7th Avenue S. Hopkins New John C. Gruidl, 2400 E. 43rd Street A11 ayes - Carried. 24. Not on Agenda Motion by Jacobsen, seconded by Lude:man, supporting the attendance of Mayor Law at a U. S. Conference of Mayors legislative committee meeting in Chicago. A11 ayes - Carried. 25. Adjournment Motion by Jacobsen, seconded by Ludeman that the meeting adjourn. All ayes - Carried. Time: 12:45 A.M., Septemb Date Approved: October 12, 1976 ~~ ~ /~~~~ Thomas J. M%~~.n City Clerk Wayne S. Burggraaff City Manager