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02-28-1977CITY OF RICHFIELD Regular Meeting February 28, 1977 The Council of the City of Richfield met in regular session in the Council Chambers of the City Ha11 on Monday, February 28, X977 at 7:00 PM. Councilman Anderson gave the invocation. The meeting was called to order by Mayor Law. Present: Anderson, Luettinger, Law Absent: Ludeman (Arrived at 7:28 PM) Jacobsen (Due to illness) 1. Minutes Motion by Luettinger, seconded by Anderson that the minutes of the February 14, 1977 meeting be approved as presented. A11 ayes - Carried. Absent - Jacobsen, Ludeman 2. Plans, Specifications and Authorization to Call for Bids, 1977 Pavin Project Wayne S. Burggraaff, city manager, reviewed the background of City Project No. 686, the 1977 permanent street improvement project which covers street paving, ornamental street lighting and sod restoration and tree planting for Districts 12 and 14A. District No. 12 includes the area bounded on the north by the 62nd Street Crosstown, east by 4Jest Pleasant Avenue north of 66th Street and south of 66th Street by Lyndale Avenue on the south by 66th Street from West Pleasant Avenue to Lyndale Avenue and on the west by I-35W. District No. 14A (Rich Acres) covers that area bounded on the north by East 68th Street, on the east by Zlst Avenue, on the south by East 69th Street and on the west by State Highway No. 36. This area also includes the East Service Road, State Highway No. 36 from East 68th Street to East 66th Street. Public works director, Peter Eberz, reviewed neighborhood meetings held re- viewing street widths where circumstances made it difficult to follow normal city street width policies. Council Meeting Minutes -2- 28 February 1977 Carroll Norling of 6228 West Pleasant, spoke in favor of an 18 foot width street and Jerome Jackson, 6328 West Pleasant, stated a preference for a 24 foot street on West Pleasant. Motion by Anderson, seconded by Luettinger to establish the width of West Pleasant Avenue from 62nd to 64th Street at 18 feet and from 64th to 65th Street at 24 feet. A11 ayes -.Carried. Absent - Jacobsen, Ludeman Robert E. Heeter, Sr., 6624 Lynwood, spoke in favor of a 32 foot street and complimented the staff on their consideration of residents. Councilman Ludeman arrived at 7:28 PM. Motion by Luettinger, seconded by Anderson to establish the width of Lynwood Boulevard at 32 feet. A11 ayes - Carried. Absent - Jacobsen Charles M. Strauch, 6601 Emerson and Bernard J. Fehling, 6720 Emerson, were ir.~. favor of a 30 foot street; and Tom Burniece, 6701 Emerson, and John Parry, 6705 Emerson, favored a 28 foot street. Motion by Ludeman, seconded by Luettinger to establish the width of Emerson Avenue at 32 feet and locate the street alignment off-center as it presently is. A11 ayes - Carried. Absent - Jacobsen. Motion by Luettinger, 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. 5686 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS TO BE RECEIVED ON APRIL 1, 1977 FOR (1) PERMANENT STREET SURFACING (2) ORNAMENTAL STREET LIGHTING (3) TURF ESTABLISHMENT AND PLANT INSTALLATION CITY PROJECT N0. 686 Districts 12, 14A and I5 Clerk's File C-9778 Council Meeting Minutes -3- Febr~~ary 28, 1977 Poll of votes: Ayes -.Anderson, Ludeman, Luettinger, Law. Nayes - None. Absent - Jacobsen. Carried. This resolution appears as Resolution No. 5686 in Resolution Book No. 40. A discussion was held on deferring construction of the Lyndale Avenue portion of this project until 1978 to qualify for a federal grant for Lyndale Avenue in the Lyndale/Hub/Nicollet project. A number of residents from Lyndale Avenue were present and were concerned about the proposed width of Lyndale Avenue from Lakeshore Drive to 74th Street. Fred Amram, 7026 Lyndale, spoke in opposition to having the street width of Lyndale Avenue set at 44 feet wide. Steve Meyer, 7128 Lyndale, spoke in favor of a 36 foot street. Barbara Amram, 7026 Lyndale, spoke in opposition to widening Lyndale Avenue. ,.~~C clay manager reportea that Lyndale Avenue from Lakeshore Drive to 74th Street was being retained in the project, but in accordance with the anticipated federal grant, construction work would have to be delayed until 1978. He advised council members that Lyndale Avenue residents had been advised of the need to postpone this decision. The city manager reported that the staff was not prepared to present material on Lyndale Avenue street widths and that residents had not been advised a decision on widths would be made at the February 28 city council meeting. Councilman Luettinger indicated a desire to take alternate bids on Lyndale Avenue in the event it was determined this street could be constructed in 1977. The city manager suggested that alternate bids could be requested; that the staff could administratively request state review of a 44 foot width and that final con- sideration of street widths could be made at a future council meeting if it i,s possible to proceed with Lyndale Avenue this year. t Motion by Luettinger, seconded by Anderson to advertise an alternate bid proposal for Lyndale Avenue. Council Meeting Minutes -4- ~ February 28, 1977 Po11 of votes: Ayes - Anderson, Ludeman, Luettinger. Nayes - Law. Absent - Jacobsen. Carried. Motion by Law, seconded by Luettinger that no fiction be taken on the alternate bid award until the city had notified the residents on Lyndale Avenue and the city had a special hearing on determining the width of Lyndale Avenue from Lakeshore Drive to 74th Street. A11 ayes - Carried. Absent - Jacobsen . 3. Request for Special Use Permit, 616 W. 78th Street Richard Krier, the city planning director, reviewed the application of Mr. Steven J. Anderson of Dollar Rent-A-Car Systems, 616 E. 78th Street for a special use permit to establish a used car sales lot in a general commercial zone. France Anderson, 7545 Park Avenue, spoke in favor of this special use permit request. Motion by Anderson, seconded by Law to approve this special use permit subject to the two following stipulations as listed in Council Letter No. 75: 1. Car sales lot be allowed only as an accessory use to a rental vehicle operation. 2. Method of on-site advertising of sale vehicles be limited to signs affixed to the interior of the vehicles for sale. All ayes - Carried. Absent - Jacobsen 4. Request for Variance to Residential Lot Size, 6732 W. Pleasant Avenue The city planning director reviewed the request for a variance to the zoning ordinance of Mr. Ludeen L. Bengston, 1707 E. 89th Street. Mr. Bengston requested to divide the lot at 6732 West Pleasant into two lots. The lot presently is 110 X 133.8 feet and he proposes to divide the lot into two 55 X 133.8 foot lots. The staff recommended that the request be granted as all three conditions of the ordinance code for granting such a variance were met. Motion by Anderson, seconded by Ludeman to grant the variance as requested. A11 ayes - Carried. Absent - Jacobsen Council Meeting Minutes -5- February 28, 1977 5. Application for Waiver of Platting. Procedures, 6732 W. Pleasant Avenue Since the council had granted a variance to Mr. Bengston to subdivide this property, the planning director recommended the council waive the platting procedures for this subdivision of this land as no additional easements or public right-of-way would be needed. 1lotion by Ludeman, seconded by Luettinger to waive the platting procedure for this simple land division. All ayes - Carried. Absent - Jacobsen 6. Amendment to the Ordinance Code Prohibiting Nudity in Certain Places Bi11 No. 1977-7, "An Amendment to Chapter X, Part III of the Ordinance Code of the City of Richfield" dealing with misdemeanor offenses, was reviewed by city attorney, Clayton LeFevere, the same being on file in the office of the city clerk. (C-9779) notion by Ludeman, seconded by Luettinger that this constitute first reading of Bill 1977-7; that it be published in the official newspaper and that second reading of this ordinance amendment be scheduled for March 28, 1977. Po11 of votes: Ayes - Anderson, Ludeman, Luettinger, Law. Noyes - None. Absent - Jacobsen. Carried. 7. School Board Resolution Discussion (Not on Agenda) Motion by Ludeman, seconded by Luettinger to support the Board of Education's resolution regarding the level of education provided in Richfield and to request that the governor, Richfield members of the legislature and the school board be advised of the council's support. All ayes - Carried. Absent - Jacobsen. Recess - 9:11 PM Reconvene - 9:53 PM Council Meeting Minutes -6- February 28, 1977 8. Bicentennial Committee~-Civic~Space Marker Project Joyce Wilde, administrative assistant, reviewed the status of the proposed Bicentennial civic space marker.- She advised that the Bicentennial Commission had received a $1,000 grant -from the Minnesota .American Revolution Bicentennial Com- mittee which required a $1,000 match of city funds. She also reported that a deadline of March 15, 1977 had been set for using the state grant monies. Gertrude Ulrich, 7601 Aldrich, spoke of the state's deadline for use of these grant funds and encouraged approval of an. agreement for the purchase of design services. Eric Madsen, the proposed consultant, was present. Motion by Ludeman, seconded by Anderson to authorize the agreement with Thumbnails, Inc.,>505 East Grant, Street, Minneapolis, to develop-the design of a sculptural graphic element for a to-be-designated civic space within the L/H/N with the stipulation that the~cpuxicil give approval of the preliminary and final design, - A11 ayes - Carried. Absent - Jacobsen 9. Review and Considerate n of_Legislative Matters 911 Financing Motion by Anderson, seconded,by.Ludeman to adopt a position statement supporting the basic 911 operating service cost to be paid-for by saate collected tax funds. All ayes - Carried. Absent - .Tadobsen Association of Metropoli:tan.Mun-icip.alities, Board Vacancies Motion by Luettinger, seconded by Law to recommend Councilman Ludeman far appointment consideration to one of the two vacancies. existing on the Board of Directors of the Association of Metropolitan Municipalities. All ayes - Carried. Absent - Jacobsen Council Meeting Minutes -7- February 28, 1977 ~~acancy on Technical Advisory Committee Motion by Law, seconded by Ludeman to place the name of Rickiard Krier, planning director, in nomination for the appointment to the technical advisory committee of the Association of Metropolitan Municipalities. All ayes - Carried. Absent - Jacobsen Tree Removal Licensing Motion by Ludeman, seconded by Law to support the position of the Association of Metropolitan Municipalities that the licensing of tree removal and treatment should be a local issue. All ayes - Carried. Absent - Jacobsen Taxation of Home Improvements Motion by Anderson, seconded by Ludeman to oppose the proposed legislation that would put a moratorium on the taxing of all home improvements. All ayes - Carried.. Absent - Jacobsen Resolution of Appreciation to Peter Eberz Motion by Anderson, 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. 5687 , RESOLUTION OF APPREC LOTION TO PETER EBERZ Poll of votes: Ayes - Anderson, Ludeman, Luettinger, Law. Nayes - None. Absent - Jacobsen. Carried. This resolution appears as Resolution No. 5687 in Resolution Book No, 40. Discussion on Wood Lake Operations The city manager reported that he and Mayor Law had discussed the need for additional funds for municipal government with Representative Jim Swanson at the recent LMC Legislative Action Conference. At that time Representative Swanson indicated he thought it might be possible for the city to receive special aid for the Council Meeting Minutes -8- ~ February 28, 1977 maintenance and operation of the Wood Lake Nature Center. Mayor Law and the city manager reported that Representative Swanson agreed to pursue this matter if the city would provide him with a draft of the proposed legislation. Motion by Ludeman, seconded by Luettinger to provide Representative Swanson with a. draft of proposed legislation to obtain a special state appropriation of $50,000 per year to help finance the operation and maintenance of the Wood-Lake Nature Center. A11 ayes - Carried. Absent - Jacobsen 10. Joint Bloomington-Richfield Sludge Disposal Study The-city manager reviewed the background for recommending the study; that the cost of emptying one lime sludge pit per year has risen from $14,000 to $40,000 and with added pollution control regulations, costs could rise still further. Therefore, the staff was recommending a joint Bloomington-Richfield sludge disposal study, and requesting council authorization to proceed with an agreement for this study with the City of Bloomington and Metcalf and Eddy, Inc. Motion by Ludeman, .seconded by Law. to defer this item until the city council can receive more information on the firm and work they have done in .this area. A11 ayes - Carried. Absent - Jacobsen 1l. Classification and Pay Plan Study James Lacing, personnel director, reviewed the proposed classification and pay plan study. Motion by Luettinger, seconded by Anderson to defer this item to the council meeting of April 11, 1977.. All ayes - Carried. Absent - Jacobsen 12. Pool Car Usage Motion by Anderson, seconded by Luettinger to defer this item to the council meeting of April 11, 1977. All ayes - Carried. Absent -.Jacobsen 0 Council Meeting Minutes -9- 13. Authorize to Call far Bids February 28, 1977 Motion by Anderson, seconded by Luettinger to authorize the call for bids for purchase of one vacuum street sweeper and one hydraulic sewer cleaner. All ayes - Carried. Absent - Jacobsen. 14. Tabulation of Bids, Minutes and Award of Contract for Fremont Park Plotion by Anderson, seconded by Ludeman to approve the bid minutes and tabulation of bids for timber work and asphalt work for Fremont Park. All ayes - Carried, Absent - Jacobsen Motion by Anderson, seconded by Ludeman 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. 5688 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT TO BURY AND CARLSON, INC. FOR ASPHALT WORK AT FREMONT PARK CITY PROJECT N0. 665 Clerk's File No. C-9780 RESOLUTION N0. 5689 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT TO ALL AMERICAN RECREATION AND SALES, INC. FOR COMPLETE CONSTRUCTION AND INSTALLATION OF TIMBER WORK AT FREMONT PARK CITY PROJECT N0. 665 Clerk's File No. C-9781 Poll of votes: Ayes - Anderson, Ludeman, Luettinger, Law. Hayes - None. Absent - Jacobsen. Carried.- These resolutions appear as Resolutions Numbers 5688 and 5689 in Resolution Book No. 40. 15, Purchase of SFrvice ~reement with the Storefront Motion by Anderson, seconded by Ludeman to approve the proposed purchase of service agreement for counseling services with the Storefront, Inc. and authorize the mayor and city manager to execute said agreement. All ayes - Carried. Absent - Jacobsen Council Meeting Minutes -10- 16. Commission Appointments Senior Citizens Advisory Commission Motion by Luettinger, seconded by Ludeman to appoint Frank R. Johnson of 6344 Wentworth Avenue, to the Senior Citizens Advisory Commission for a three year term which will expire February 1, 1980. All ayes - Carried. Absent - .Jacobsen 17. Chamber of Commerce Promotional Booklet Motion by Anderson, seconded by Luettinger to authorize the publication of a one-half page liquor store advertisement in a Richfield Chamber of Commerce pro- motional booklet which is currently being prepared. All ayes - Carried. Absent - Jacobsen r 18. Park and Recreation Fee Schedule Don Fondrick, parks and recreation director, outlined the recommended user fees established by the staff and the Park and Recreation Advisory Commission which would be adequate to provide public recreational swimming on a self-sustaining basis ,at West Junior High for this next summer. He also explained the recommended swimming pool fees and charges for the city owned and operated outdoor municipal swimming pool. Motion by Anderson, seconded by Luettinger to approve the staff's recommendations as outlined in Council Letter No. 77. 1. Continue to use the 1976 rates for pool season tickets in 1977 with the provision that such season tickets may only be used at the city outdoor pool. 2. Establish hourly charges as recommended in this council letter for summer use of the West Junior High School. 3. Continue the existing indoor swimming program through the month of May, 1977. 4. Reaffirm the action taken during the 1977 budget hearings whereby busing will not be provided for Youth Red Cross swim instructions. February 28, 1977 Council Meeting Minutes -11- February 28, 1977 5. Authorize the city manager to make any necessary adjustments in scheduling the use of the West Junior High pool for the summer swimming program so as to maintain this program on a self-sustaining basis. 6. Adopt a resolution amending the Community Center fee schedule by .establishing the schedule recommended in this council letter. All ayes - Carried. Absent - Jacobsen Motion by Anderson, 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. 5690 RESOLUTION AMENDING RESOLUTION 4427 ESTABLISHING POLICY REGULATING THE USE OF THE COMMUNITY CENTER FACILITIES Poll of votes; Ayes - Anderson, Ludeman, Luettinger, Law. Nayes - None. Absent - Jacobsen. Carried. This resolution appears as Resolution No. 5690 in Resolution Book No. 40. 19. Request for Contribution from Suburban Rate Authority Motion by Anderson, seconded by Law to authorize payment of a membership contri- bution of $750 to the Suburban Rate Authority as requested in a resolution adopted by the rate authority in July, 1976.. All ayes - Carried. Absent - Jacobsen Z0. Proposed Funding for 1977 CETA Positions Motion by Anderson, seconded by Ludeman to take the following action regarding proposed funding of CETA positions in 1977 as recommended in Council Letter No. 74: 1. Authorize the transfer of a Clerk Typist II position to the liquor store operating budget and an Administrative Aide position to be funded equally by the central garage, water utility and sewer utility budgets. 2. Authorize the funding of a health environmentalist by Community Health Act funds. 3. Authorize a reduction in staff of one street maintenance man in the street division budget activity. Council-Meeting Minutes -12- 4. Authorize the use of 1977 CETA funds for the .financing of the following 15 positions: 1 Community Center Programmer 1 Clerk Typist II 1 Naturalist 3 Janitors . 4 Street Maintenance Workers: 5 Park Maintenance Workers February 28, 1977 All ayes - Carried. Absent - Jacobsen Motion by Law, seconded by Anderson to request the staff to consider contracting out for a sprinkler maintenance program and that investigation on this be completed in sufficient time so that such a proposal could be-included in the budget planning for next yeax. All ayes - Carried. Absent - Jacobsen 21. Payments and Estimates Motion by Anderson, seconded by Luettinger that the following payment and estimate be allowed: Sunrise Fire Protection Company. Estimate No. 1 and Final Contract 2228, C. P. No. 683, City Ha11 Fire Protection Sprinkler System - $10,241.22 A11 ayes - Carried. Absent - Jacobsen 2.2. Claims and Pa oils Motion by Anderson, seconded by Luettinger that the following claims and payrolls be approved; RICHFIELD BANK AND TRUST Amount Checks 28223/28800 $1,870,836.53 SUMMIT STATE BANK Checks 19961/20031 ueneral $ 442,469.52 Checks 19987/20691 Payroll $ 135,862.88 A11 ayes - Carried. Absent - Jacobsen 1 Council Meeting Minutes -13- 23. Licenses February 28, 1977 Motion by Luettinger, seconded by Ludeman that the following licenses be approved: Regular Renewal Town & Country Honda, 6225 Lyndale Motor Bikes Renewal United Rent A11, 2200 West 66th Street Truck/Trailer Rental Renewal Art's Rubbish Removal, 8935 2nd Avenue Garbage Renewal Skylark Apartments, 7700 Bloomington Soft drink Renewal Penn Avenue Texaco, 6800 Penn Soft drink Renewal Elsen's Pure Oil, 7730 Portland Soft drink Renewal Richfield Racquet Club, 7620 Penn Soft drink (2) Renewal Penn Avenue Texaco, 6800 Penn Cigarette Renewal DBA Tip Top Car Wash, 6601 Bloomington ~ Car wash Taxicab Driver New Steve L. Dobbelmann, 2305 Girard New Charles N. Levake, 9300 Park Renewal James J. Rahe, 281 River Woods Lane New Lloyd R. Beardsley, 410 Clifton New Bart M. Bradford, 2130 Timmy Street New Stuart J. Craigie, 3153 21st Avenue Renewal Maynard R. Nielsen, 4159 Snelling Renewal Ginny L. Hunter, 344 East Franklin Renewal Richard W. LeRoy, 11516 West 172nd Street New Barbara L. DeWitt, 6235 Xerxes New Patrick J. Flier, Rt. 2, Box 164, Jordan Renewal Leslie B . Janco, 7134 Irving New Gary G. Vensland, 7437 Pleasant Renewal Patrick H. Nelson, 3909 Heritage Hi11s, Drive, ~~107 Renewal Steven E . Svendall, 4732 Wentworth New David N. Killen, 18100 Kennwood Trail All ayes - Carried. Absent - Jacobsen 24. Amendment to Moratorium on Fi11in~ of Full Time Vacancies (Not on Agenda) The city manager requested council to amend the moratorium on hiring to permit the filling of the following three vacancies: Equipment Operator - Street Division Sewer Maintenance Man - Sewer Division Automotive Mechanic - Central Garage Division Motion by Anderson, seconded.by Ludeman to amend the moratorium as proposed above. All ayes - Carried. Absent - Jacobsen Council Meeting Minutes -14- February 28, 1977 25. Adjournment Motion by Ludeman, seconded by Luettinger that the meeting adjourn. All ayes - Carried. Absent - Jacobsen. Time: 1:08 AM, March 1, 1977. Date Approved: March 14, 1977 Thomas J. Mor City Clerk ~,%r~~ ~ ~:~, ~. ren L. Law Mayor O/ . Wayne S. Burggraaff ity M a er 1 0