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10-12-1976CITY OF RICHFIELD Regular Meeting October 12, 1976 The Council of the City of Richfield met in regular session in the Council Chambers of the City Hall on Tuesday, October 12, 1976 at 7:00 PM. Rev. Dwight Hendricks of the United Methodist Church of Peace, 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, that page 2 of the September 13 minutes be amended as follows: "Motion by Ludeman, seconded by Luettinger that no change be made in this assessment"; that the minutes of September 24, September 27 and October 5, 1976 be approved as presented. All ayes - Carried. 2. Presentation of Certificates of Appreciation Mayor Law presented certificates of appreciation to Barbara Belk, Jan Bray and Leon Brixius in recognition of their service as volunteers in helping 'the HRA start-up the Section 8 Rental Assistance Program. 3. Request for Special Use Permit, Jimmy's Lemon Tree Restaurant, 77 1/2 Street Jerome B1atz, attorney for Ben Katzman and Sam Swartz, owners of Jimmy`s Lemon Tree. Restaurant and Mrs. James Assimes, the leasee of the property, presented a letter (C-9752) with statements from the adjoining business establishments stating their parking requirements were adequate and all were in favor of the expansion of the Lemon Tree. Mr. Blatz also said Jimmy Assimes was willing to have an independent study made of the parking requirements. Council Meeting Minutes -2- October 12, 1976 2'he city planner reviewed the findings of the staff and the planning commissio both recommended denial of granting the special use permit on the grounds of in- adequate parking facilities. The following residents spoke in opposition to the special use permit: Clifford Ingebrigtsen, 7320 Wentworth, submitted a letter suggesting the city enter the "on-sale" business (C-9753). Glenn Mostoller, 7632 Bryant Roger Sorenson, 7636 Logan David Crowe, 6812 Knox Janice Kaiser, 7608 Bryant, presented a petition (C-9754) Dwight Hendricks, 6105 Cornell, Edina, pastor of Prince of Peace Church Ernest Lindstrom, 7406 Fremont Charles Miller, 7200 Oakland Dennis Louis, 6300 4th Avenue, questioned legal criteria Motion by Luettinger, seconded by Anderson to close the hearing. No vote was taken. James Assimes, the leasee of the property, spoke in behalf of his request for a liquor license. State Representative, Shirley Hokanson, reported on a number of calls she had received from residents in opposition to this application. The council discussed the possibility of continuing the hearing and having additional traffic and parking studies made either by the city or by the applicant. Motion by Anderson, seconded by Jacobsen to continue this hearing to the November 8, 1976 meeting and to direct the city manager to make a report at that time on the need for additional study and how such study might be accomplished. Poll. of votes: Ayes - Anderson, Jacobsen, Law. Nayes - Ludeman, Luettinger. Carried, 1 4. Request for Variance to the Zoning Ordinance, 6601 Oliver Avenue Richard Krier, planning director, reviewed this request for variance to permit a side yard of three feet and reported on the staff and planning commission's recommendation for denial. Council Meeting Minutes -3- October 12, 1976 Mr. and Mrs. John E. Walstrom.spoke in behalf of their request. A petition of the neighbors in favor .of the request was read into the record. Clifford Storm of 6605 Oliver,~appeared and expressed his approval of his neighbor's request and indicated he had no intention of building on the north end of his garage. Motion by Anderson, seconded by Ludeman to close the hearing. A11 ayes - Carried. Motion by Jacobsen, seconded by Luettinger~to grant the variance. All ayes - Carried. 5. Request for Variance to the Zoning Ordinance, 6432 21st Avenue The request of Americo DiCicco, 6432 21st Avenue, for a variance permitting the deck on the front of his house to extend into the front yard a total of nine feet eight inches, which was built without a building permit, was reviewed by Richard Krier, planning director. Mr. Krier reported the staff had recommended denial of this variance and the planning commission had recommended approval to allow the open deck to extend three feet eight inches beyond the six foot setback requirement. Neighbors presented a petition in favor of this variance. Motion by Anderson, seconded by Ludeman to close the hearing. A11 ayes - Carried. Motion by Ludeman, seconded by Jacobsen to approve this request for variance. A11 ayes - Carried. 6. Request to Erect Fence on Public Ri ht of Way, 6432 21st Avenue Motion by Anderson, 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 -4- October 12, 1976 RESOLUTION NO. 5613 RESOLUTION RELATING TO FENCE ON PUBLIC RIGHT OF WAY - 6432 21ST AVENUE SOUTH Po11 of votes; .Ayes - Anderson, Jacobsen, Luettinger, Ludeman, Law. Nayes - None. Carried. This resolution appears as Resolution No. 5613 in Resolution Book No. 39. 7. Request for Variance to the Zoning Ordinance, 7044 Irving Avenue The planning director presented the request of Mr. and Mrs. Robert Jablonski, 7044 Irving, for a variance to permit a sideyard setback of 4 feet 7 inches to their yard and the staff and planning commission's recommendation ` for approval. Motion by Anderson, seconded by Ludeman to close the hearing. A11 ayes - Carried. Motion by Jacobsen, seconded by Ludeman to approve this variance application. A11 ayes - Carried. 8. Request for Variance to the Zoning Ordinance, 7545 Emerson Avenue The planning director presented the request of Mr. and Mrs. Marvin D. Meyer, 7545 Emerson Avenue, for a variance to permit a sideyard setback of eight feet. Mr. Krier reported the staff had recommended denial of this request as all three conditions required for granting a variance were not present on the property, The planning commission had recommended approval of granting the variance. The applicant was present at the hearing. Motion by Law, seconded by Jacobsen to close the hearing. A11 ayes - Carried. Motion by Luettinger, seconded by Ludeman to grant this application for a variance. All ayes - Carried. Council Meeting Minutes -5- October 12, 1976 9. Request for Variance to the Zoning Ordinance, 6301 Dupont Avenue Mr. Krier, planning director, presented the request of Mr. and Mrs. Larry Pfleiderer, 6301 Dupont Avenue, for a variance to Section 3.39, Subdivision 3, Paragraph 8, which requires that a garage be set back 20 feet from the lot line where the garage doors face a street. The request was to permit the garage to be built 14 feet from the sideyard lot line. Mr. Krier stated both the staff and planning commission had recommended approval of this variance request. The applicant was present at the hearing. Motion by Anderson, seconded by Jacobsen to close the hearing. A11 ayes - Carried. Motion by Jacobsen, seconded by Luettinger to grant this variance. A11 ayes - Carried. 10. Drainage Report in the Area of Colfax Avenue and 73rd Street Public works director, Peter Eberz, presented a preliminary engineering report prepared for a storm sewer pumping station and force main to alleviate the drainage problem located in the area of 73rd Street and Colfax Avenue. The report indicated that construction is technically feasible and the estimated cost would be $14,400. Charles Friend, 924 West 73rd Street, said there had been a drainage•problem since 1964. Glen Doan, 7225 Oak Grove Boulevard, said he felt the city helped contribute to the problem when the sewer and streets were installed. Vern Umholz, 7234 Bryant Avenue, appeared in Interest. Motion by Luettinger, seconded by Ludeman that the council does have a moral obligation to become involved in this problem and to set a special assessment hearing for November 8, 1976. All ayes -. Carried. Council Meeting Minutes -6- October 12, 1976 Motion by Jacobsen, seconded by Luettinger to implement Plan 4 as listed in Council Letter No. 322. All ayes - Carried. The policy recommended in Plan 4 is that the special assessment will be based on a maximum of $.0355 per square foot and that the city as a whole will pay the difference between what is assessed and the total cost of the project. The public works director indicated that according to this policy, approximately $2,224 would be assessed and approximately $12,000 would be paid by the city as a whole. 11. Deletion of Noise Barriers Bjorn Hagen, 7238 Humboldt, spoke in favor of this proposed resolution. Motion by Luettinger, 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: RESOLUTION N0. 5614 RESOLUTION REGARDING 35W NOISE ABATEMENT PROJECT AND AMENDING RESOLUTION N0. 5536 Poll of votes: Ayes -Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None. Carried. This resolution appears as Resolution No. 5614 in Resolution Book No. 39. 12. Discussion of Drivewa Improvements at 7541 Emerson Avenue Mr. Jack Frolund of 7541 Emerson Avenue was present at the meeting in support of his request to have his driveway apron moved two feet to the north end of the driveway. Motion by Luettinger, seconded by Ludeman to request the staff to extend Mr. Frolund's driveway apron north two feet. A11 ayes - Carried. Council Meeting Minutes -5A- October 12, 1976 Motion by Luettinger, 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; RESOLUTION N0. 5621 RESOLUTION RECEIVING PRELIMINARY ENGINEERING REPORT AND CALLING HEARING ON NOVEMBER 8, 1976 ON STORM SEWER CONSTRUCTION AND APPURTENANCES THERETO CITY PROJECT N0. 700 Clerk's File No. 9760 Poll of votes; Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None. Carried. This resolution appears as Resolution No. 5621 in Resolution Book No. 39. Council Meeting Minutes -7- October 12, 1976 13. Purchase in Excess of $1,000 Public safety director, Tom Morgan, reviewed the bids for the public safety monitoring system and stated the bid of 3-M Alarm Service in the amount of $11,193 was the lowest responsible bidder for this project. Motion by Anderson, seconded by Jacobsen to approve the bid minutes. A11 ayes - Carried. 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. 5615 RESOLUTION ACCEPTING BID AND AWARDING PURCHASE CONTRACT TO 3-M ALARM SERVICE, 500 ELEVENTH AVENUE SOUTH, MINNEAPOLIS, MINNESOTA FOR CLOSED CIRCUIT TELEVISION SURVEILLANCE SYSTEM TO BE INSTALLED WITHIN THE PUBLIC SAFETY AREA OF THE CITY HALL Po11 of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None. Carried. This resolution appears as Resolution No. 5615 in Resolution Book No. 39. 14. Ordinance Amendment Relating to Open Ignitions John Dean, assistant city attorney, presented two proposed ordinance amend- ments regulating open vehicle ignitions; Bill No. 1976-21, "An Amendment to Chapter IX Section 3.02 of the Ordinance Code of the City of Richfield", relating to locking vehicles, and Bill No. 1976-22, "An Amendment to Chapter X Part I, Section 10.01 of the Ordinance Code of the City of Richfield", relating to dangerous, unguarded machinery, the same being on file in the office of the city clerk. (C-9755) Motion by Anderson, seconded by Jacobsen that this constitute a first reading of Bi11s 1976-21 and 1976-22; that they be published in the official newspaper and that second reading of these ordinance amendments be scheduled for November 8, 1976. Council Meeting Minutes -8- October 12, 1976 All ayes - Carried. 15. Ordinance Amendment Relating to the Regulation of Bingo. Second 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) Motion by Jacobsen, seconded by Ludeman that this constitute a second reading of Bill No. 1976-20; 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 - None. Carried.' 16. Minutes, Tabulation of Bids and Award of Contract for Play Apparatus at Fremont Park Motion by Anderson, seconded by Jacobsen to approve the bid minutes for the construction of a tot lot play apparatus at Fremont Park. A11 ayes - Carried. 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 apart of these minutes: RESOLUTION N0. 5616 RESOLUTION ACCEPTING-BID AND AWARDING CONTRACT TO SOCON, INC. FOR COMPLETE CONSTRUCTION AND INSTALLATION OF TOT LOT PLAY APPARATUS AT FREMONT PARK CITY PROJECT N0. 665 Clerk's File No. C-9756 Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None. Carried. 7.'his resolution appears as Resolution No. 5616- in Resolution Book No. 39. ~' Council Meeting Minutes -9 - October 12, 1976 17. Minutes Tabulation of Bids and Award of Contrac~C for Construction of Asphalt Pathways at Taft Park Motion by Jacobsen, seconded by Anderson to approve the bid minutes for the construction of Asphalt pathway's at Taft Park. All ayes - Carried. 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. 5617 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT TO BITUMINOUS ROADTnTAYS, INC. FOR ASPHALT WORK ON THE PATHWAY SYSTEM AT TAFT PARK CITY PROJECT NO. 687 Clerk's File No. C-9757 Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None. Carried. This resolution appears as Resolution No. 5617 in Resolution Book No. 39. 18. Award of Bid for Roof Reconstruction at Richfield Community Center Acting city manager, Peter Eberz, advised that only one bid had been re- ceived for roof construction at the Community Center and that other interested people had indicated that a lack of time for the bidding and construction prevented their submitting of bids. Therefore, the staff recommended investi- gating further alternatives for completing the roof constructio n. Motion by Luettinger, seconded by Ludeman to approve the bid minutes and reject the one bid and to request the staff to again advertise for bids for this project. A11 ayes - Carried. Council Meeting Minutes -10- October 12, 1976 19. Authorization to Call for Bids for Lime Sludge Removal Motion by Ludeman, seconded by Luettinger to authorize the staff to call for bids for the annual excavation, removal and disposal of lime residue at the water treatment plant. All ayes - Carried. 20. Release of Off-Street Parking Bonds, VFW Post 5555 and 721 West West 77 1/2 Street Motion by Luettinger, 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. 5618 RESOLUTION RELATING TO RELEASE OF BOND ON OFF-STREET PARKING Robert F. Adelmann 805 West 77 1/2 Street Location: 721 West 77 1/2 Street Use: Paint Store RESOLUTION N0. 5619 RESOLUTION RELATING TO RELEASE OF BOND ON OFF-STREET PARKING Fred Babcock Post 5555 Veterans of Foreign Wars 710 Lakeshore Drive, Richfield Use: Parking Facilities Poll of votes: Ayes -Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None. Carried. These resolutions appear as numbers 5618 and 5619 in Resolution Book No. 39. 21. Approval of Off-Street Parking Contract, Knutson/House of Pra er Project Motion by Ludeman, 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: r 1 Council Meeting Minutes -11- October 12, 1976 RESOLUTION N0. 5620 RESOLUTION APPROVING LAYOUT AND CONTRACT FOR OFF-STREET PARKING IN ACCORDANCE WITH APPLICATION N0. 76-2, CONTRACT N0. 2216 The Knutson Companies, Inc. 17 Washington Avenue North Location: 78th Street and Chicago Avenue Use: Elderly Housing Project Clerk's File No. C-9759 Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None. Carried. This resolution appears as Resolution No. 5620 in Resolution Book No. 39. 22. Council Chambers Maintenance Project The acting city manager advised that the staff wished to expand the scope of City Project No. 693, not only to include the fire suppression sprinkler system in the basement of the city hall, but also to make improvements to the air and sound system conditioning/heating system/for the council chambers and to improve the storage area in the rear of the basement by building on to the stair well area. Motion by Ludeman, seconded by Jacobsen to include these items in this project. All ayes - Carried. 23. Report on Wine Dispensing Licenses Motion by Jacobsen, seconded by Law to defer this item to the next council meeting. All ayes - Carried. 24. Payments and Estimates Motion by Anderson, seconded by Jacobsen that the following payments and estimates be approved: a. Progressive Contractors, Inc. Estimate No. 3, Contract 2212, 99% complete. C.P. 674, 1976 street paving areas 10 and 11 - $212,190.64 b. Egan McKay Electrical Contractors, Inc. Estimate No. 5, Contract 2213, 92% complete. C.P. No. 674, 1976 ornamental street lighting areas 10 and 11 - $163,639.80 Council Meeting Minutes -12~ October 12, 1976 Payments and Estimates - Continued c. W & G Rehbein Bros. Inc., Estimate No. 1, Contract 2215, 38% complete, 1976 turf and plant installation, area 10 - $60,227.37 d. W & G Rehbein Bros. Inc., Estimate No. 3, Contract 2214, 75% complete, 1976 turf and plant installation, area 11 - $11,625.74 e. Battuminous Roadways, Inc., Estimate No. 1, Contract 2219, 85% complete, tennis court facilities at Washington Park - $24,928.20 All ayes - Carried. 25. Claims and Payrolls -' Motion by Ludeman, seconded by Luettinger to deny the payment of $60.00 to Minnesota Urban Management Assistance Association for staff training on resource management. Poll of votes: Ayes - Ludeman, Luettinger, Law. Nayes - Anderson, Jacobsen. Carried. Motion by Ludeman, seconded by Luettinger that the balance of the claims and payrolls be approved. RICHFIELD BANK AND TRUST AMOUNT Checks 25996/26638 $878,795.85 SUMMIT STATE BANK Checks 17410/17740 Payroll $125,774.78 Checks 16830/17421 General $243,081.17 All ayes - Carried. 26. Licenses Motion by Luettinger, seconded by Ludeman to deny the request for fee waived licenses for food, soft drink, and retail on-sale for the Swanson Volunteer Committee Fund Raiser at Assumption Church, October 21, 1976, but to grant the license if the fee is paid. Council Meeting Minutes -13- October 12, 1976 Poll of votes: Ayes - Jacobsen, Ludeman, Luettinger, Law. Abstain - Anderson. Carried. Motion by Luettinger, seconded by Ludeman that the following licenses be approved: Regular New Little General, 7529 Lyndale New Little General, 607 E. 77th Street New Signcrafters, (Richfield Steak House, 6519 1/2 Nicollet) New Union Self Service, 601 E. 66th Street Renewal Dean M. Akins, 6801 Hillside Lane (6532 Oliver Avenue) ' Taxicab Licenses New Rodney Wellington, 5220 W. 102nd St. Bloomington New Terry Pahl, 8016 1st Avenue, Bloomington New Roger Johnson, 1914 E. 22nd Street, Minneapolis New Michael McCarthy, 7616 W. 14th St., St. Louis Park New Richard Hagen, 2100 E. 66th St., Richfield New Bruce Hellier, 4412 W. 58th St., Edina New Philip Carlson, 3513 Dupont Avenue, Minneapolis New ~ Elwood Benson, 4804 14th Avenue, Minneapolis New Lynn. R. VanGuilder, 728 E. 78th St., Richfield New Vernon L. Nelson, 3325 Nicollet, Minneapolis New Kathleen Fitzgerald, 7245'~Upton Avenue, Richfield All ayes - Carried. Motion by Law, seconded by Luettinger that the council be sent copies of correspondence of the staff in cases where the council has been copied on. the original request. All ayes - Carried. 27. Adjournment Motion by Jacobsen, seconded by Ludeman that the meeting adjourn. All ayes - Carried, Time: 12;00 PM. Date Approved: October 25, 1976 `A~~i/~~ Thoma~s`'~J~. Mor City Clerk Coin oper. amuse. mach. Coin oper. amuse. mach. Wall sign permit Soft drink, cigarette Commercial incinerator (three)