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11-08-1976CITY OF RICHFIELD Regular Meeting November 8, 1976 The Council of the City of Richfield met in regular session in the Council Chambers of the City Hall on Monday, November 8, 1976 at 7:00 PM. Rev, David Yates of Wooddale Baptist Church,. gave the invocation. The meeting was called to order by Mayor Law. Present: Anderson, Jacobsen, Ludeman, Luettinger, Law 1. Minutes Motion by Jacobsen, seconded by Luettinger that the minutes of the October 25, 1976 council meeting be approved as presented. A11 ayes - Carried. 2. Presentation by Human Rights Commission Chairman Mr. William Siemers, Chairman of the Human Rights Commission, advised council members of a special workshop being planned for December 4, to discuss community based residential group homes and invited council members to attend. Motion by Jacobsen, 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. 5629 RESOLUTION OF APPRECIATION TO BICENTENNIAL COMMISSION Poll of votes; Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None. Carried. This resolution appears as Resolution No. 5629 in Resolution Book No. 39. 3. Request for Special Use Permit, Jimmy's Lemon Tree Restaurant The city manager reviewed the request of Jimmy's Lemon Tree Restaurant for a special use permit and the recommendation to retain a traffic engineer and an appraiser to perform further studies. s Council Meeting Minutes -2- November 8, 1976 Clayton LeFevere, city attorney, answered questions from the council. ~- Motion by Anderson, seconded by Jacobsen to approve the following recommendations submitted by the city manager in Council Letter No. 342; 1. Authorize the city manager to retain a traffic engineer and an appraiser to conduct the studies referred to in this council letter. 2. Appropriate a maximum of $1,500 from the general fund contingency to cover the cost of these studies. 3. Continue the hearing on this special use permit application to December~l3, 1976 to provide for completion of the studies, 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. 5630 RESOLUTION AUTHORIZING TRANSFER OF APPROPRIATIONS FROM 1976 CONTINGENCY ACCOUNT TO_ PLI~NNING DEPARTMENT Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law, Nayes None. Carried. 7."his resolution appears as Resolution No. 5630 'in Resolution Book No. 39. 4. Request for Special Use Permit, Schmelz Bros. Inc., 6501 Penn Avenue The city planning director reviewed the application of Mr. Daniel Schmelz of Schmelz Bros. Inc., for a special use permit to establish a used car sales lot at 6501 Pznn Avenue, an industrial zoning district. Mr. Krier adj..*ised that the staff and the planning commission had both recommended approval of this special use permit. Mayor Law acknowledge receipt of a petition (C-9763) opposing the granting of this- special use permit for property at 6510 Oliver. It was pointed 1 Council Meeting Minutes -3- November 8, 1976 out by the council that this hearing was only for the property on Penn Avenue. Dean M. Akins, owner of the property at 6520, 6526 and 6532 Oliver, spoke in opposition to this proposed use permit. Also speaking in opposition was Arlene Jensen of 6511 Oliver. It was suggested a statement of intent be obtained-from Mr. Schmelz stating his used car operation would be confined to the one lot on Penn Avenue. Mr. Schmelz indicated that he would sell the Oliver Avenue property if he could not park cars on it or he would put up a multiple dwelling on it. Motion by Anderson, seconded by Jacobsen to close the hearing. A11 ayes - Carried. Motion by Anderson, seconded by Luettinger to approve the special use permit subject to the following stipulations as listed in Council Letter No. 343: 1. The backside of the proposed "billboard" type sign shall be finished in such a way that the structural parts of .the sign do not show. 2. The e~d.sting fence abutting the adjacent residential properties shall be repaired, restained and maintained in such condition. All ayes - Carried. 5. Off-Street Parking Contract, Schmelz Bros. Inc., 6501 Penn Avenue 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: RESOLUTION N0. 5631 RESOLUTION APPROVING LAYOUT AND CONTRACT FOR OFF-STREET PARKING IN ACCORDANCE WITH APPLICATION N0. 76-7, CONTRACT N0. 2226 Schmelz Bros. Inc., 6501 Penn Avenue Use: Car Sales Lot Clerk's File No. 9766 Council Meeting Minutes -4- November 8, 1976 Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None. Carried. This resolution appears as Resolution No. 5637. in Resolution Book No. 39. Boy Scout Troop ~~262 from Oak Grove Lutheran Church was introduced by their scoutmaster, Mr. Holmberg. The troop was attending the council meeting in conjunction with their study of governmental procedures, b. Presentation by Representatives of Association of Metropolitan Municipalities rir. Vern Peterson, executive director of the Association of Metropolitan Municipalities and Mayor of St. Anthony, Duane Miedtke, a member of the board, reviewed the services provided by the association. Wkiile`council members agreed on the value of the association program, final action on continuing membership was deferred until state league repre- sentatives could make their presentation. 7. Traffic Control Signs Joyce Wilde, administrative assistant, reviwed the Traffic Control Committee's actions regarding pending requests for traffic controls. 67th Street and 18th Avenue and 68th Street and 18th Avenue The committee recommended denial of this request for installation of two-way stop signs stopping traffic on 18th Avenue at 67th and 68th Street. Mr. and Mrs. Dan Thurber of 6720 18th Avenue, spoke in favor of erecting the stop sign ~s they felt the amount of traffic in the area warranted it. 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: RESOLUTION N0. 5637 RESOLUTION RELATING TO TRAFFIC CONTROL SIGNS "STOP" SIGNS ON 67TH STREET AT 18TH AVENUE STOPPING 67TH STREET TRAFFIC AT 18TH AVENUE Council Meeting Minutes -5- November 8, 1976 Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None. Carried. This resolution appears as Resolution No. 5637 in Resolution Book No, 39. Removal of Sign at 76th Street and Third Avenue Motion by Jacobsen, seconded by Law to defer this item until the original petitioners have been notifed. A11 ayes - Carried. 67th Street and Bloomington Avenue 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: RESOLUTION N0. 5636 RESOLUTION RELATING TO TRAFFIC CONTROL SIGNS REMOVE "STOP" SIGNS ON BLOOMINGTON AVENUE AT 67TH STREET LEAVING INTERSECTION A TGTO-WAY STOP Poll of votes: Ayes - Anderson, Jacobsen, Luettinger, Ludeman, Law. Nayes - None - Carried. This resolution appears as Resolution No. 5636 in Resolution Book No. 39. 77th Street and Chicago Avenue 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. 5634 RESOLUTION RELATING TO TRAFFIC CONTROL SIGNS "STOP" SIGNS ON CHICAGO AVENUE AT 77TH STREET STOPPING CHICAGO AVENUE TRAFFIC AT 77TH STREET Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None. Carried. This resolution appears as Resolution No. 5634 in Resolution Book No. 39. Council Meeting Minutes -6- November 8, 1976 69th Street and Vincent Avenue 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. 5635 RESOLUTION RELATING TO TRAFFIC CONTROL`SIGNS "STOP" SIGNS ON 69TH STREET AT VINCENT AVENUE MAKING THE INTERSECTION A FOUR-WAY STOP Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, L.aw. Nayes - None. Carried. This resolution appears as Resolution No. 5635 ?.n Resolution Book No. 39. 76th Street and Knox Motion by Jacobsen, seconded by Luettinger that-this request for a two-way stop sign be denied. All ayes - Carried. 65th Street and 20th Avenue Motion by Jacobsen, seconded by Luettinger that this request for in- stallation of stop signs be deferred to the next meeting. All ayes - Carried. Removal of No Parking Signs Motion by Luettinger, seconded by Jacobsen that the following resolution be adopted; ttiiat it be spread in the resolution book and that it be made a part of these minutes: RESOLUTION N0. 5638 RESOLUTION RELATING TO TRAFFIC CONTROL SIGNS REMOVE "NO PARKING 8:00 A.M. TO 12:00 NOON ON SUNDAYS" SIGNS FROM THE WEST.STDE OF EMERSON AVENUE FROM 75TH TO 76TH STREET Poll of votes:- Ayes -Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - Council Meeting Minutes -7- November 8, 1976 None. Carried. This resolution appears as Resolution No. 5638 in Resolution Book No. 39. 8. Hearing on Storm Sewer Drainage Project for the 73rd Street and Colfax Avenue Area Peter Eberz, public works director, reviewed the preliminary engineering report for this storm drainage project. Dr. Charles Friend, 824 West 73rd Street, spoke in support of the project. Dlotion by Anderson, seconded by Jacobsen to close the hearing. All .yes - Carried. 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. 5632 RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR STORM SEWER CONSTRUCTION AND APPURTENANCES THERETO CITY PROJECT N0. 700 RESOLUTION N0. 5633 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING CONSTRUCTION WORK TO BE DONE UNDER PURCHASE ORDERS, FOR STORM SEWER CONSTRUCTION AND APPURTENANCES THERETO. (COLFAX AVENUE FROM 73RD STREET TO APPROXIMATELY 120 FEET NORTH) CITY PROJECT N0. 700 Clerk's File No. 9767 Po11 of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None. Carried. These resolutions appear as numbers 5632 and 5633 in Resolution Book No. 39. The public works director advised that several council authorizations for purchases in excess of $1,000 would be required in order to comple to construction this fall. He resorted that the authorization necessary at this time was a $3,945 purchase agreement with Alexander Construction Company. Council Meeting Minutes -8- November 8, 1976 Motion by Jacobsen, seconded by Luettinger to authorize the following purchase in excess of $1,000: Alexander Construction Company, for storm sewer construction, in the amount of`$3,945. All ayes - Carried. 9. ( Not on Agenda) Richard Blevens, 7539 Washburn Avenue, appeared to request that a tree be planted on the city boulevard in front of his house. He stated that he had made such a request in a September 27, 1976 letter (C-9764). 2'he public works director advised that he had responded to this letter indicating that Mr. Blevens' request was one of 70 on file and that the city did not currently have funds available to conduct a tree planting program this fall. The city manager reminded council members that an application had been made for a federal grant for reforestation and that further consideration would be given to this matter during the preparation of the capital improve- ment program so that one way or another there would be a tree planting program in 1977 which would take care of the pending requests together with a more comprehensive planting program. Mr. Blevens stated that he had requested that a tree be planted in • front of his house and that he thought `there had been enough delay and would like to have the tree planted in 1976. Motion by Ludeman, seconded by Luettinger to direct the city manager to have a two inch tree planted at this address in the immediate future with the expenditure to be charged to the street department budget. All ayes - Carried. Motion by Law seconded by Ludeman to ask the city manager to have a letter written to the Hennepin County Library system requesting replacement ~F Council Meeting Minutes -9- November 8, 1976 of dead trees on the Nicollet Avenue library property and also for sodding of an area at the north end of their property at Nicollet Avenue. All ayes - Carried. 10. Ordinance Amendment Relating to Open Ignitions Motion by Ludeman, seconded by Anderson to defer second reading of this ordinance amendment to subsequent city council meetings as requested by the staff. All ayes - Carried. 11. Non-Intoxicating Malt Liquor Ordinance Amendment Defining Political Part Bi11 No. 1976-23, "An Amendment to Chapter XI, Section 11.02, Subdivision 2 of the Ordinance Code of the City of Richfield", relating to the sale and dispensing of non-intoxicating malt liquors, was read and reviewed by city attorney, Clayton LeFevere, the same being on file in the office of the city clerk, (C-9765) Motion by Jacobsen, seconded by Luettinger, that this constitute a first reading of Bill No. 1976-23; that it be published in the official new- paper and that second reading of this ordinance amendment be 'scheduled for the council meeting of December 13, 1976. Po11 of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None. Carried. 12. Minutes, Tabulation of Bids and Award of Contract for Lime Stud e Removal The city manager reported that only one bid had been received for the removal of lime sludge at the water treatment plant but recommended that the council approve the one bid. Motion by Ludeman, seconded by Anderson to approve the bid minutes. All ayes - Carried. d; Council Meeting Minutes -10- November 8, 1976 Motion by Luettinger, seconded by Anderson to approve the manager's recommendation and award the contract to Phoenix Trucking and Contract, Inc. at $5.25 per cubic yard and an estimated total cost of $36,750. All ayes - Carried. 13. Authorization to Call for Bids for Radio Alerting System Motion by Anderson, seconded by Ludeman to authorize the call for bids for the purchase of a radio alerting system to be utilized in calling fire division personnel back for emergency duty. All ayes - Carried. 14. Purchase in Excess of $1,000 Motion by Ludeman, seconded by Luettinger to authorize the purchase of three portable radio transmitters in the amount of $3,645, All ayes - Carried. 15. Hennepin County Report on County Highway 62 Improvements The Hennepin County status report on County Highway 62 was reviewed, Motion by Ludeman, seconded by Luettinger to receive the report and to delay further action until the council has received the final report from Hennepin County. A11 ayes - Carried. 16. Authorization to Execute Bikeways Grant Motion by Jacobsen, seconded by Anderson to authorize the mayor and city manager to execute the agreement providing for receipt of the Bicycle Trail Assistance Grant in the amount of $10,000 from the Minnesota Department of Natural Resources. All ayes - Carried. Council Meeting Minutes -11- November $, 1976 17. Approval of 1976 Auditor's Contract Motion by Jacobsen, seconded by Luettinger to approve the execution of the proposed contract for auditing services for 1976 with the CPA firm of Olson and Clough, 7514 Oliver Avenue. A11 ayes - Carried. 18. Purchase of Personal Health Services Motion by Jacobsen, seconded by Anderson that we terminate the purchase of personal health services from the Suburban Public Health Nursing Service effective December 31, 1976. All ayes - Carried. Motion by Jacobsen, seconded by Anderson to authorize the city manager to prepare and submit a community health services plan in compliance with the Community Health Services Act which would describe the environmental health services which the city is currently provided and describe the Bloom- ington personal health services as part of our plan; and explore the feasibility of preserving any surplus funds that can be derived through the use of a grant under the Community Health Services Act. All ayes - Carried. Motion by Jacobsen, seconded by Anderson to approve the purchase of personal health services from the City of Bloomington beginning January 1, 1977; to direct the city manager to negotiate a tentative agreement for the purchase of these services; and to request the staff to further explore the need to purchase school health and counseling services. All ayes - Carried. Motion b;• 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 -12- November 8, 1976 RESOLUTION N0. 5639 RESOLUTION REGARDING THE PURCHASE OF PERSONAL HEALTH SERVICES FROM THE CITY OF BLOOMINGTON Po 11 of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None. Carried. This resolution appears as Resolution No. 5639 in Resolution Book No. 39. l9. Canvass of November 2, 1976 General Election Motion by Ludeman, seconded by Luettinger to accept the canvass of the city election of November 2, 1976 as required by Section 4.07 of the city charter. Poll of votes; Ayes - Anderson, Ludeman, Luettinger, Law. Abstain - Jacobsen. Carried, 20. Proposed Change in Construction Permit Fees Motion by Luettinger, seconded by Jacobsen that this item be deferred. All ayes - Carried. 2l. Wine Dispensing Report Motion by Anderson, seconded by Jacobsen that this item be deferred. All ayes - Carried. 22. Review of Precinct Boundar Lines Motion by Ludeman, seconded by Law that no change be made in the precinct boundaries of the City of Richfield at this time. A'l1 ayes - Carried. Z3, Setting Date for Council Work Session Motion by Anderson, seconded by Jacobsen to set Monday, December 6, 1976 a~ 5:30 PM as the date of a council work session with the three State Legis- lators from Richfield to be invited. A11 ayes - Carried, Council Meeting Minutes -13- November 8, 1976 24. Payments and Estimates Motion by Luettinger, seconded by Jacobsen that the following payments and estimates be approved: A. Egan McKay Electrical Contractors, Inc., Estimate No. 6 and final. Contract No. 2213, C.P, 674, 1976 Ornamental Street Lighting, Areas 10 and 11 - $63,639.52 B. W & G Rehbein Brothers, Inc., Estimate No. 4 and final, Contract No. 2214, C. P. 674, Turf and Plant Installation Area 11 - $17,436.42 C. W & G Rehbein Brothers, Inc., Estimate No. 2, 83% Complete. Contract No. 2215, C.P. 674, Turf and Plant Installation, Area 10 - $71,502.48 All ayes - Carried. 25, Licenses Motion by Jacobsen, seconded by Luettinger that the following fee waived license be approved: Fee Waived New Church of St. Peter, 6700 Nicollet Avenue Bingo Nov, 13, 1976 Retail on-sale beer, food, soft drink All ayes - Carried. Motion by Anderson, seconded by Jacobsen, that the following regular licenses be approved: Regular Renewal S*ranson Volunteer Committee Broadcasting vehicle Renewal Thomas Snow, 6945 Penn Avenue Christmas tree lot New Richfield Steak House, 6519 1/2 Nicollet Retail on-sale beer A11 ayes - Carried. Motion by Jacobsen, seconded by Anderson that the following taxicab drivers licenses be approved: Council Meeting Minutes -14- November 8, 1976 Taxicab Drivers New Charles R. LeTourneau, 1475 W. Highway 13, Burnsville New William E. Coats, 4553 Cedar Avenue, Minneapolis New James M. Kempainen, 3801 35th Avenue, Minneapolis New Richard L. Peterson, 5734 Sander Drive i~6, Minneapolis New Howard A. Liebers, 3429 Emerson, Minneapolis New James H. Brustad, 5026 39th Avenue, Minneapolis New Robert C. Phelps, 5701 Oliver Avenue, Minneapolis New Curtis A. Becker, 13237 Orchard Road, Minnetonka New John E. Holasek, 3641 Elliot Avenue, Minneapolis New Robert C. Nichols, 4901 32nd Avenue, Minneapolis New Jay C, Ritterson, 1808 Stevens Avenue, Minneapolis New Thomas J. O~Connor, 10325 Columbus Road, Bloomington New Peter M. Dean, 9889 Dellridge Road New Judith M. Musta, 10142 Dupont Avenue, Bloomington New Robert R. Kaumm, 8812 Chowen Avenue, Bloomington Renewal Robert E. Harris, 7125 17th Avenue, Bloomington New Richard A. Mitchell, 8227 Blaisdell, Bloomington Renewal Daniel K. Legg, 4020 W. 108th Street, Bloomington All ayes - Carried. 26. Claims and Payrolls Motion by Luettinger, seconded by Ludeman that the following claims and payrolls be allowed: RICHFIELD BANK AND TRUST Amount Checks 26044127008 $593,264.71 SUMMIT STATE BANK Checks 17461/17490 Regular $127,694.59 Checks 17460/18333 Payroll $126,605.52 A11 ayes-Carried 27. (Not on Agenda) Freeze on Positions The city manager asked the city council to rescind a motion adopted at the September 7, 1976 budget hearing declaring a moritorium on filling vacant positions. The city manager explained that it would be desirable to enable the city manager to administer the affairs of the city in ac- cordance with the adopted budget. Council Meeting Minutes -15- No action was taken on the city manager's request. November 8, 1976 Motion by Luettinger, seconded by Ludeman to authorize the employment of a water treatment plant operator and a keypunch operator. A11 ayes - Carried. 28. Adjournment Motion by Luettinger, seconded by Anderson that the meeting adjourn, All ayes - Carr9.ed. Time: 11:00 PM. Date Approved; November 22, 1976 /~~ Thomas J. Mo n City Clerk ren L. Law May r ~. Wayne S. Burggraaff ty M a r