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12-13-1976CITY OF RICHFIELD Regular Meeting December 13, 1976 0 The Council of the City of Richfield met in regular session in the council chambers of the city ha11 on Monday, December 13, 197b at 7:00 PM. ``Rev. Glenn He~nann:of th.e Richfield. Church of Christ-gave the invocation. The meeting was called to order by Mayor Law. Present: 1. MinuteG Anderson, Jacobsen, Ludeman, Luettinger, Law. Motion by_Jacobsen, seconded by Luettinger that the minutes of the regular council *.Meeting of November 22 and the special council meeting of November 30, 1976 be approved as presented. A11 ales m Carried. 2_. Request for Variance, 1302 East 66th Street .. Motion by Jacobsen, seconded by Luettinger to defer this item to the next council meeting as requested by the applicant. All ayes v Carried. 3. Continuation of Hearing for 1977 Street Paving Construction The city manager reviewed the actions taken at the September~27, 1976 hearing on the portion of the 1977 permanent street paving program known as District 14A (Rich Acres). Mr. Ron Way, representing the Pollution Control Agency, reported on the ®ptions of the Metropolitan Airports ComMi.ission. He indicated that the Metro- politan Airport would be required to comply with the PCA noise standards by 1985 but the question of acquisition of the area known as "Rich Acres" would not be dictated by these standards. Also present from the PCA was Mr. Perez, who assured the council that the Metropolitan airport would not be required to acquire the homes in order to conform to the required noise abatement standards. ~ ° Council Meeting Minutes -2- December 13, 1976 Al Gullicksori of 6820 21st Avenue, asked where-the noise tests had been taken around the airport. David Roth,-6838 19th Avenue, reported the Rich Acres homes are not in the flight patterns. Jim Rouse, 6828 19th Avenue, commented on the noise problems. Motion by Joacobsen, seconded by Luettinger to close the hearing.. " All ayes - Carried. " Motion by Ludeman, seconded by Jacobsen that the following reso lution be adopted; that it be spread in the resolution book and that it be made a part of these minutes: RESOLUTION N0. 5650 RESOLUTION.ORDER]NG IMPROVEMENT AND PREPARATION OF PIANS AND SPECIFICATIONS FOR PERMANENT PAVING, CONCRETE CURB AND GUTTER, ORNAMENTAL STREET LIGHTS AND APPURTENANCES THERETO CITY PROJECT N0. 686 District No. 14A Poll of votes: Ayes -Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None. Carried. This resolution appears as Resolution No. 5650 in Resolution Book No. 39. 4. Hearing on Renewal of On-Sale and Sunday Liquor_Licenses for Minotte's Motion by Jacobsen, seconded by Anderson to defer discussion of tenewal of the. application for a liquor license for Minotte's to December 27, 1976. All ayes - Carried. 5. Hearing on Renewal of On-Sa1.e and Sun_day_ Liquor Licenses for Left Guard The city manager reported that the Left Guard had complied with the re- quired information necessary for the renewal of its on-sale and Sunday liquor licenses and recommended-that the council grant the renewal, with the stipulation that the applicant complete compliance with -the provisions of the amended off-street parking contract. Council Meeting Minutes -3- December 13,_1976 ~aw~ence Wozniczka of 6744 Wentworth, questioned the depreciation in market value of the Left Guard. Council requested the staff to provide them and Mr. Wozniczka a. letter ~. eacpla:ining how this change~in the market value was derived. Motion by'Jacobsen, seconded by Anderson to close the hearing. All ayes - Carried. Motion by Jacobsen, seconded by Anderson to grant the renewal of the on-sale and Sunday liquor lieeT~.ses for the Left Guard, sub3ect to the following provision as reeon:mended in Council Letter No. 380: "That the. applicant complete compliance with the provisions of .the amended off-street parking contract." All ayes ~ carried. 6. Retest for; S1~ecial Use Permits Lemon Tree Restaurant Jimmy Ass3snes of the.,Lemon Tree, thxough his attorney, Jerome V. Blatz, requested withdrawal of his application for the conditional use permit and the on-sale liquor license. Motion by Anderson.,. seconded by Luettinger to approve the request for withdrawal of these applications. All ayes ~ Carried. .?Q Hearin~_on Community Block Grant The mayor called for the hearing on discussing the Community Block Grant 1'rograrn for Fiscal Year IIT; Clctober 1, 1977 to September 30, 1978. The purpose of the hearing was to consider the amendments to the housing assistance plan and the community development plan. Richard Krier, p7:anning director, reviewed the proposals explaining in depth the p~ogram~fc~r Year I and the present period of Year II. Although the public was present, no ono appeared to ask questions about the proposals. It was poin~Ced out that there will be a second hearing on this program at the next council meeting. Council Meeting Minutes -4- December 13, 1976 -Motion by Anderson, seconded by Jacobsen to close the hearing. AlI ayes - Carried. No action was taken as there is a'~second meeting scheduled. inane rarza.es. ~econa tceaain.g. Bill 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 dis-~ pensing of non-intoxicating malt ligtiors,•was read and reviewed by city attorney, Clayton LeFevere, the same being on file in the office of tl.e city clerk. (C-9765) Motion by Anderson, seconded by Ludeman to close the hearing. A11 ayes -^ Carried. Motion by Anderson, seconded by Ludeman that this constitute a second reading of Bill No. 197'b-23; that it be published in the official newspaper .and that it be. oracle a part of these minutes. . Po11 of votes: Ayes - Anderson, Jacobsen, Lud.eman, Luettinger, Law. Naves - None. Carried. 9. Pr~.s.entation by League of Minnesota Cities Mr. Dean Lund,- Executive Director of .the League of Minnesota Cities, made a brief presentation explaining the services provided by this. organization. Motion by Jacobsen, seconded by Anderson to cantinue the city's membership .~ in the League of Minnesota: Cities. Poll of votes; Ayes. - Anderson, Jacobsen.' Naves - Ludeman, Luettinger, Law. Motion failed. Council indicated its desire to know what changes will. be made in the dues before making a decision on whether to continue city membership in this organization. 10. Appointments Cauncil~Meeting Minutes -5- December.l3, 1976 All ayes - Carried. Advisory Board of Health : Motion~by Jacobsen, seconded by Ludeman that~the following appointments be made: MTC Advisory Committee on T`xansit Motion by Jacobsen, seconded by Law that -the following appointment be made: All-ayes s Carried. Robert Lien Katherine Dahlgren Joyce Wilde , Mrs. Stan Christiansen Dr. W.. H. Bittick °Ms.. Mildred Stakes =Mrs. Roger Stearn Imo. Watson A. P. Anderson Joe Ertman South Hennepin Human Services Council Motion by Andexson, seconded by Jacobsen. to defer this appointment to the next.counci~: meeting. All ayes d Carried. 11. Aui~hori~ation to Call for Bids for Central-Garage Improvements Motion-by Jacobsen, seconded by Ludeman to authorize the. call for bids for City°Pro3ect No. 692; Improvements to th:e Central.Gaxage. This improvement consists of installing concrete. floors and adequate drainage for the east side garage building. [l A11 ayes w~Carried. 12~ Request fot Fleet Expansion, Yellow Cab Company The city manager. advised that Jack F. Daly, Jr., Executive Vice President of Yellow Taxi Company, had requested permission to expand its fleet by ten vehicles. (09768) Council Meeting, Minutes ~' ~ -6- December 13, 1976. Bill No. 1977-1, "An Ordinance Amending Subdivision 12 of Section 6.2U a£ the City Ordinance Code", relating to the number of licensed taxicabs, was read and reviwed, the same. being on-file in the office of the city clerk. (C-9769) Motion by Luettinger, seconded by Ludeman that th3.s constitute first reading of Bill No. 1977-1; that it be published in the official newspaper and that second reading of this ordinance amendment be scheduled for the council meeting of January ~0, 1977. Poll of votes:- Ayes, - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None.- Carried. 13. Authorization to Call fog Bids-for Chemicals for Water Treatment Plant Motion by Anderson,. seconded by Ludeman to authorize the call for bids for chemicals used at -the water treatment plant. The chemicals required for this treatment process include lime, liquid aluminum sulfate, liquid androus 14. Purchase in Excess of $1;000 Motion by Jacobsen, seconded by Ludeman to approve the purchase,,of $1,627 for aecoustical the to be installed in the ceiling of the general purpose room of the Community Center. Funding for this expenditure 3s included in the 1976/77 Community Development Block Grant. All ayes -Carried. 15. Loan to HRA for the Purchase of Property in the L/H/N Area The city manager reported to the council that Mrs. Edith A. Johnson, 715 Graham Avenue, had requested that the HRA purchase her single family home, which is located within the Lyndale/Hub/Nicollet project acquisition area. Mr. Burggraaff also advised that since the HRA.has no acquisition funds at this time ammonia and sodium silico fluoride. A11-ayes - Carried. it would be necessary to borrow funds from the city to accomplish the purchase Council Meeting Minutes -7- December 13, 1976 of this praperty and he recommended that the council authorize a loan agreement with the HRS. for acquisition of this property. 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 apart of these minutes: RESOLUTION N0. 5651 ' RESOLUTION-AUTHORIZING THE EXECUTION OF AN `AGREEMENT TO LOAN MONEY Tb THE RICHFIELD HOUSING AND REDEVELOPMENT AUTHORITY AND PROVIDING FOR THE PERFORMANCE THEREOF BY ADVANCEMENT FROM THE SEWIIt UTILITY FUND Poll of votes: Ayes .. Anderson, Jacobsen, Ludeman, Law. .Nayes - Luettinger. Carried. This resolution .appears as Resolution Na. 5651 in Resolution Book No. 39. Motion by Jacobsen, seconded by Ludeman to authorize a loan agreement between the HRA:and the City of Richfield for the purchase of the property at 715 Graham Avenue, said property described as follows: Lot 4, Block 3, Fairwood Shores, Hennepin Caunty,.Minnesota. Po11 of votes: Ayes - Anderson, Jacobsen, Ludeman, Law. Nayes..- Luettinger.. Carried. Motion by Jacobsen, seconded by Luettinger to request the staff to express. the council's.. concern by letter to the federal and state legislators regarding laws providing for certain types of relocation benefits. A~.7: ayes - Carried. l6. Resolution Transferring Funds to Glose 1975 City Pro~'ect No. 667a Motion by Ludeman, seconded by Jacobsen that the following resolution be adopted; that it be spread in bhe resolution book and that it be made a. part of these minutes: RESOLUTION N0. 5652 RESOLUTION AUTHORIZING APPROPRIATION OF SPECIAL ASSESSMENT PREPAYMENTS TO THE 1975 PERMANENT STREET~IMPROVEMENT PROJECT w AND CLOSING CIT'E' PROJECT N0. 667 Council Meeting Minutes -8- December 13, 1976 1'011 of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Naves - None. Carried. This resolution appears as Resolution No. 5652 in Resolution Book No. 39. 17, Approval of Public Recreational Swimming Program .Motion by Jacobsen, seconded by Luettinger to approve the report on the public recreational swimming. ,A11 ayes-~~- Carried.. e .inasmuch as the city council had met with the Richfield School Board ib. a point meeting just prior to the start of this council meeting, it was suggested -that the council review the discussion of that meeting and reaffirm the actions that needed to be taken from that meeting. Tt was reported that Mr. George Karnas, speaking as a member of the Board of Education and as a resident of the City of Richfield, expressed his pleasure with. the.newly adopted Joint Facilities Agreement in that the citizens of Rich- field would .continue to be provided with services which-would result in life enrichment. Mr. Ka.rnas also stated he personally agreed that the city operated public recreational swimming at the school district indoor pools should be on a self-supporting basis through user fees. He strongly recommended the school ~.istrict and city work cooperatively to provide such self-supporting operation so that no other program, area, facility or agency would need to be reduced or eluuinated. Motion by Jacobsen, seconded by Luettinger to approve the basic Agreement Between the City of Richfield and independent School District No. 280 on the Use of Bach Others Facilities far the respective programs of the pity and the school district. All ayes -Carried. Motion by Anderson, seconded by Jacobsen to approve the form of the Memorandum of Agreement for Rental of the City of Richfield's Tce Arena. All ayes - Carried. Council Meeting Minutes -9- Deeemlier 13, 1976 Motion by Anderson, seconded by Jacobsen to approve the form of the Memorandum of Agreement for Rental of Richfield's Public Schools Swimming Pools. A11 ayes,- Carried. 18. Approval: Qf Metro~poli~an'~aste Commission Interceptor:Agreement Motion by Jacobsen, seconded by Anderson to approve the renewal of the interceptor sewer maintenance agreement with the•Metropoli~an Waste Control Commission and authorize the mayor~an$ ei~y manager to execute the Interceptor Maintenance Agreement No. -131. on behalf of the city. All ayes - Carriedo l9. -Approval of 1977 Agreement-with Richfield .Police Supervisory Employees Bar~ainin~ Unit 9 .Motion by Jacobsen, seconded by Luettinger to defer this item for consideration at a special council work session on January 3, 1977 at 7:00 PM. .Poll of votes: Ayes -Jacobsen, Ludeman, Luettinger, Law. Noyes - Anderson. Carried. 20. Salary Recommendations for 1977 General Services Pay Plan, Mangy ent Pay P1ang and Part Time and. Seasonal P~ P1ans Motion by Jacobsen, seconded by Luettinger to defer this item for consideration at a special council work session on January 3, 1977 at 7:00 PM. Po11 of votes: Ayes - Jacobsen, Lud:eman, Luettinger, Lawn Noyes - Anderson. Carried. ~`he city manager requested special consideration on the city's contribution to the. group health plans. No action was taken. Associations as Official. of Collateral Motion•by Jacobsen, seconded by Law that the following resolutions be adopted;. that they be spread in the resolution book and that they be made a gait of these, minutes: Council Meeting Minutes -~lU- December 13, 1976 RESOLUTION N0..5647 RESOLUTION DESIGNATING THE RICHFIELD BANK & TRUST COMPANY A DEPOSITORY OF FUNDS OF THE CITY OF RICHFIELD FOR THE YEAR 1977 AND APPROVING COLLATERAL RESOLUTION N0. 564$ RESOLUTTON.DESIGIVATING~THE SUMMIT STATE $ANK A DEPOSITORY OF FUNDS OF THE CITY OF RICHFIELD FOR THE YEAR 1977 AND APPROVING . COLLATERAL RESOLUTION N0. 5649 `A RESOLUTION DESIGNATING CERTAIN SAVINGS AND LOAN ASSOCIATIONS AND BANKS AS DEPOSITORIES FOR THE INVESTMENT OF CITY FUNDS TN 1977. Poll of voles: Ayes - Anderson, Jacobsen, Lvdeman, Luettinger, Law. Nayes - None. Carried. These resolutions appear as Resolutions Nos. 5b.47, 5648 and 5649 in Resolution Book No. 39. 22. 'Wine Distzensin~ Report ~ Motion by Luettinger, seconded by Ludeman to deny this request for ordinance azuendment. A11 ayes - Carried. 23_. Cit Council Policy Session Motion by Jacobset., secanded by 7..uettinger ~o defer this to the next council meeting. 24. Si_n Application Approval :Motion by ,7acobsen, seconded by Ludeman to approve the request of Hope Presbyterian Church to install a 5' x 10' sign on the boulevard adjacent to Portland Avenue. All ayes - Carried. 25. Payments and Estimates ' Motion by Anderson, seconded by Jacobsen that.the following payments and estimates be approved: 1 Council Meeting Minutes -11- December 13, 1976 A, E, H. Renner & Sons Well Co., Estimate No. 1•, 20% Complete, Contract No. 2220, C.P. No. 695, Deep well No. 7 and Appurtenant Work - $14,706 B. Bituminous Roadways, Inc., Estimate. No. 1 and final, Contract No. 2223-, C.P. No.~687, Taft Park Asphalt Pathways - $9,775 C. T. M. Campion Co., Estimate No. 1 and final, Contract No. 2225, C.P. No. 699,~Community Center Roofing Reconstruction - $8,639.85 D. Henry 0. Mikkelson Col, Tnc., Estimate No 3.-and final, Contract No. 2202, C.P. No. 6.73, Donaldson Park Tennis Court Construction - $2,448:97 E. Phoenix:Trucking & Contracting, Inc., Estimate No. 7: and final, Contract- 2225A, Lime Sludge Removal - $36,708 A11 ayes - Carried... 26. C1a3.ms and Payrolls Motion by Anderson, seconded by Jacobsen-that the following claims and payrolls be approved: RICHFIELD BANK AND TP.UST Checks 26089/27691 SUMMIT STATE BANK ., Checks 18037/18912 General Checks 18053/18601 Payroll All ayes - Carried. AMOUNT $1,073,x28.1.6 $ 742,279.03 $ 123,362.70 27. Licenses . Motion by Anderson, seconded by Jacobsen that the following licenses be approved: Regular New Richfield Steak House, 6519 1/2 Nicollet Ice. Mach., Food, Cigarette Renewal Richfield Nursery and Floral, 811_E. 66 Street Christmas Tree-Sales New Buckingham Disposal Co., Savage Garbage, Refuse Hauling New .Walser Bu3ck,Inc., 2100 W. 78th Street Dealer Motor Vehicles 'New Kevin Bredeson, 7245 Harriet Kennel License, 3 dogs Council Mee_t3.ng Minutes -12- December 13, 1976 Licenses (Continued) Taxicab Drivers ' New Henry L. Moe, 4600 I4 Avenue New Deborah F. Hall, 6223 Brooklyn Drive- New Peer A. Hall, 6223 Brooklyn Drive Renewal Janet A.-Nowaek, 8501- Elliot Avenue New Donald B. Baghart, 3135 Grimes Avenue North New Randy Petro, 6409 Standish New Ralph T. Francis, 206 W. 62nd Street, Renewal Thomas J. Denman, 5116 Colfax Avenue New James' J. Frey, 5516 Warwick Place New ` Laxry-Norvald'Siverson, Northwood Road, Prior Lake New Mary J'. Holm, 6808 Russell Avenue New Robert E. Pace, 620(!- .67th Avenue.:North New Brian L. Whitney, 14492 Glendale Avenue S.E. A11 ayes - Carried. 28. ~ Purchase over $1000.00 (Not on Agenda) Motion by Anderson, seconded by Jacobsen to authorize the purchase of postage £ar mailing the next quarterly report. All~ayes - Carried, . 29. Ad-iournment Motion by Jacobsen, seconded by Luettinger that the meeting adjourn. All ayes d Carried. Time: 11:37 PM. Date Approved: December 27, 1976 _~ Thomas J. ran City Clark