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09-12-1977CITY OF RICHFIELD Regular Meeting September 12, 1977 The Council of the City of Richfield met in regular session in the council chambers of the City Hall on Monday, September 12, 1977,~at 7:00 p.m. Rev. John Wright of the Church of Christ, gave the invocation. The meeting was called to order by Mayor Loren L. Law. Present: Anderson, Jacobsen, Ludeman, Luettinger, Law. 1. Minutes Motion by Luettinger, seconded by Jacobsen that the minutes of the August 22, 1977 council meeting be approved as presented. All ayes - Carried. 2. Proclamation Mayor Law read a proclamation establishing September 24, 1977, as Richfield Hunting and Fishing Day. Mr. Sid Sanford, 7000 Portland Avenue, representing the United Sportsmen of Minnesota, spoke in favor of this proclamation. Motion by Luettinger, seconded by Anderson to approve this proclamation. All ayes - Carried. 3. Request for Rezoning, 6538 Bloomington Avenue Richard Krier, Planning Director, reviewed this request for zoning district change from C-2, General Commercial, to R, Single Family Residential,that was initiated by the city council on July 11, 1977. Mr. Krier reported that the Planning Commission had recommended approval of this rezoning. Ms. Diane Avis, the applicant, appeared and spoke in behalf of her request. Motion by Luettinger, seconded by Ludeman to close the hearing. All ayes - Carried. Council Meeting Minutes 2 September 12, 1977 Bill No. 1977-19, "An Amendment to Appendix C of the Ordinance Code of the City of Richfield, Minnesota", relating to the defining of the boundaries of the city, was read and. reviewed by the city attorney, the same being in the office of the city clerk. (C-_9791) Motion by Ludeman, seconded by Luettinger that this constitute a first reading of Bill No. 1977-.19; that it be published in the official newspaper and that second reading of this ordinance amendment be scheduled for the meeting of October 11, 1977. Poll of votes; Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nay es - None. Carried. 4. Request for Rezoning, 6941-45 Penn Avenue The City Planning Director reviewed this request for zoning district change from Single Family Residential (R) to Multi-Family Residential (MR). Both the staff and Planning Commission have recommended approval of this rezoning request. Mr. Jerome H. Imsdahl, the property owner, and Mr. Ralph J. Spearing, treasur of Penn Properties, Inc.; Bloomington, were present and spoke in favor of their request. Motion by Anderson, seconded by Jacobsen to close the hearing. All ayes - Carried. Bill No. 1977-20, "An Amendment to Appendix C of the Ordinance Code of the City of Richfield, Minnesota", defining the boundaries of districts of the various zoning districts of the city, was read and reviewed by the city attorney, the same being on file in the office of the city clerk. (C-9792) Motion by Jacobsen, seconded by Luettinger, that this constitute a first reading of Bill No. 1977-20; that it be published in the official newspaper and that second reading of this ordinance amendment be scheduled for October 11, 1977. Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None. Carried. Council Meeting Minutes 3 September 12, 1977 5. Request for Variance, 6236 Pillsbury Avenue The City Planning Director reviewed this request for a variance to the ordinance which establishes a sideyard building setback line and reported on the staff's recommendation for denial of this request and the Planning Commission's recommendation for approval. Mr. Joseph Scanlon, the applicant, was present and requested approval of this variance. Motion by Anderson, seconded by Jacobsen to close the hearing. A11 ayes - Carried. Motion by Anderson, seconded by Luettinger to grant this variance. All ayes - Carried. 6. Land Subdivision, 7245 Emerson Avenue The City Planning Director reviewed this subdivision request. Mr. Jerol O'Haven, property owner, has requested approval of a preliminary and final plat of two lots located at the corner of Emerson and 73rd Street. The proposed new lot will be an 8,727.7 square foot lot with a 65 foot frontage. Mr. Ed Ames, a registered land surveyor, reviewed a drainage design to control flooding. Mr. O'Hagen, owner, presented a preliminary plan which will drain the water around the proposed house into Wood Lake. Motion by Anderson, .seconded by Jacobsen to close the hearing. All ayes - Carried. Motion by Anderson, seconded by Luettinger to grant approval of the preliminary plat with the stipulation that soil borings be taken before final plat is approved. All ayes - Carried. 7. Appeal of License Revocation - Paradise Palace Sauna Council Meeting Minutes 4 September 12, 1977 The City Manager reviewed the history o.f this license revocation that was enacted by the council on May 23, 1977, and Mr. Higley's subsequent filing of an appeal. Public Safety Director, Tom Morgan, presented evidence from the Public Safety Department concerning this business. Mr. Morgan introduced the following as evidence: Exhibit I Arrest report of Ms. Sherrie Udeen Exhibit IT License revocation appeal Exhibit III Litigation of Nuno vs Richfield Exhibit IV Arrest report of Darlene V. Fahrney Exhibit V City Manager's revocation of license Attorney Jack Nordby, 55 E. 5th Street, St. Paul, representing Mr. Higley, owner of Paradise Palace Sauna, told of Mr. Higley's efforts to control his operation properly. City attorney, Clayton LeFevere, read the proposed resolution revoking the sauna license. Motion by Anderson, seconded by Luettinger to_close the hearing. All ayes - Carried. Geri Christensen, 6929 10th Avenue, asked what a rap parlor was. 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 apart of these minutes: RESOLUTION N0. 5765 RESOLUTION REVOKING SAUNA LICENSE ISSUED TO PARADISE PALACE SAUNA Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None. Carried. This resolution appears as Resolution No. 5765 in Resolution Book No. 41. Council recessed at 9:30 p.m. to conduct the HRA meeting and reconvened at 11:45 p.m. Council Meeting Minutes 5 September 12, 1977 Motion by Luettinger, seconded by Ludeman that the city council authorize the pick-up of articles damaged by water as a result of the August 30th rain storm upon request of the property owner. A11 ayes - Carried. Bill 1977-21, Transitory Ordinance No. 16.43 , "An Emergency Transitory Ordi- nance Providing for the Waiver of Certain Building, Construction and Repair Permit Fees", was read and reviewed by Clayton LeFevere, city attorney, the same being on file in the office of the city clerk. (C-9789) Motion by Anderson, seconded by Ludeman that this constitute first and final reading of this emergency ordinance; and that it be published in the official newspaper. Po11 of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. .Nayes - None. Carried. 8. Transitory Ordinance for Central Garage Improvements Bi11 1977-17, Transitory Ordinanace No. 16.41, "An Ordinance for the Expenditure of Money from the Special Revenue Fund for Certain Capital Improvements'', was reviewed by the city attorney, the same being on file in the office of the city clerk. (C-9877) Motion by Jacobsen, seconded by Ludeman that this constitute a second reading of Bi11 1977-17; 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. 9. Authorization to Call for Bids for Fire Pumping Engine with Aerial Water Tower Motion by Luettinger, seconded by Jacobsen to authorize the call for bids for a 1500 GPM pumper-with an alternate bid for the articulating water tower. Poll of votes: Ayes - Anderson, Jacobsen, Luettinger, Law. Nayes - Ludeman. Carried. Council Meeting Minutes 6 September 12, 1977 Bill 1977-18, Transitory Ordinance 1~To. 16.42, "An Ordinance Providing for the Expenditure of Money from the Special Revenue Fund for Public Safety Equipment", was read and reviewed by the city attorney,-the same being on file in the office of the city clerk. (C-9790) Motion by Jacobsen, seconded by Luettinger that this constitute a first reading of Bill 1977-18; that it be published in the official newspaper and that second reading of this ordinance amendment be scheduled for October 11, 1977. Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None. Carried. 10. Authorization to Call for Bids for Boulevard Tree Planting Motion by Luettinger, seconded by Jacobsen to authorize the advetisement for bids for boulevard tree planting. All ayes - Carried. 11. Purchase in Excess of $1,000 Motion by Anderson, seconded by Jacobsen to authorize the expenditure in the .amount of $1,247 for postal costs for the purpose of distributing the newsletter in late September or early October. This newsletter will include the fall and winter park and recreation department schedule. All ayes - Carried. 12. Adoption of Assessment Rolls for Diseased Tree Removal, Nusiance Abatement. Motion by Anderson, seconded by Luettit~8er 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. 5766 RESOLUTION LEVYING SPECIAL ASSESSMENT FOR WEED DESTRUCTION RESOLUTION N0. 5767 RESOLUTION LEVYING SPECIAL ASSESSMENT FOR NUISANCE ABATEMENT Council Meeting Minutes 7 September 12, 1977 RESOLUTION N0. 5768 RESOLUTIONS LEVYING SPECIAL ASSESSMENTS FOR ABATEMENT OF DISEASED TREE Po11 of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None. Carried. These resolutions appear as Resolutions Numbers 5766 thru 5768 in Reso- ~ution Book No. 41. 13. Resolution Authorizing Issuance of Temporary Improvement Bonds for Financing L/H/N Public Improvements, City Pro3ect No_,_705 The City Manager asked the council to authorize. issuance of temporary bonds to finance a portion of the city's share of the L/H/N public improvement pro3ect costs. 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. 5769 RESOLUTION DIRECTING THE ISSUANCE AND SALE OF TEMPORARY IMPROVEMENT BONDS, SERIES 31, TO THE IMPROVEMENT BONDS. OF 1973 SINKING FUNDS IN ACCORDANCE WITH MINNESOTA STATUTES, CHAPTER 429 Po11 of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None. Carried. This resolution appears as Resolution No. 5769 in Resolution Book No. 41. Lawrence Wozniczka, 6744 Wentworth, questioned how these bonds were going to be repaid. 14. Authorization to Submit Grant Applicant for Park Iixrprovements The City Manager informed the council that the city recently had received notice from the Office of Local and Urban Affairs, a section of the State Planning Agency, that preliminary applications are now being accepted for park and recreation LAWCON and state grants for fiscal year 1978. He requested council authorization to submit the preliminary grant applications. Council Meeting Minutes 8 September 12, 1977 Motion by Anderson, seconded by Jacobsen to authorize the submission of the necessary grant applications. All ayes - Carried. 15. Approval of Off-Street Parking Contract, Lvndale Gardens The City Manager presented a request from Lyndale Garden Center, 6412 Lyndale, for an off-street parking contract. The contract is necessary because a 10,100 square foot addition containing 160 parking spaces is proposed. Mr. Burt Rutman, owner of the property, indicated he would file a letter with the city stating that he would remove the new structure before acquisition by the HRA and that he would not claim relocation benefits for the removal of that structure. Motion by Jacobsen, seconded by Luettinger that the following resoluticn be adopted; that it be spread in the resolution book and that it be made a part of these minutes: RESOLUTION N0. 5783 RESOLUTION APPROVING LAYOUT AND CONTRACT FOR OFF-STREET PARKING IN ACCORDANCE WITH APPLICATION N0. 77-6, CONTRACT N0. 2246 Lyndale Fruit & Vegetable Market 6412 Lyndale Avenue South Use: Addition to Parking Lot Clerk's File No. C-9794 Po11 of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None. Carried. This resolution appears as Resolution No. 5783 in Resolution Book No. 41. 16. Proposal for Examination and Study of Public Safet Communications System Motion by Ludeman, seconded by Luettinger ghat this item be deferred. All ayes - Carried. Councilman Jacobsen left the meeting at 12:15 a.m. 17. Status Report .on Water Treatment Lime Sludge Disposal-Stud The City Manager reported on recent meetings with Bloomington and Hennepin Coun to discuss mutual problems with the disposal of sludge. A consultant is being sought Council Meeting Minutes 9 September 12, 1977 to conduct a survey and Hennepin County has agreed to fund half of the cost. 18 Status Report on Yellow Cab Company Application for Shared Ride Proposal The City Manager reported on Yellow Cab Company's request for a State D(3T grant to fund a shared ride program. 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. 5787 RESOLUTION OF SUPPORT FOR A SHARED RIDE PROGRAM Poll of votes: Ayes - Anderson, Ludeman, Luettinger, Law. Nayes - None. Absent - Jacobsen. Carried. This resolution appears as Resolution No. 5787 in Resolution Book No. 41. 19. Notice of Special Meeting for Canvass of Primary Election Motion by Ludeman, seconded by Luettinger to accept the manager's recommendation and canvass the election returns of the September 13th primary at the next scheduled special council meeting of September 19, 1977. A11 ayes - Carried. Absent - Jacobsen. 20. Amendment to Vacancy Moratorium for Filling of Fu11 Time Positions Motion by Ludeman, seconded by Luettinger to amend the moratorium on filling of full time vacancies to permit the hiring of two police officers and ane police investigator/agent as requested by the City Manager. All ayes - Carried. Absent - Jacobsen. 21. Settlement of Firefighters Local 1215 1977 Contract The City Manager informed the council that a new labor contract covering the period January 1, to December 31, 1977, has been negotiated with Local 1215 of the International Association of Fire Fighters. Council Meeting Minutes 10 September 12, 1977 Motion by Ludeman, 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. 5784 RESOLUTION APPROVING LABOR CONTRACT BETWEEN CITY OF RICHFIELD AND THE MEMBERS OF LOCAL 1215, INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, AFL-CIO RESOLUTION N0. 5785 RESOLUTION AUTHORIZING TRANSFER OF APPROPRIATION FROM THE 1977 CONTINGENCY TO PUBLIC SAFETY DEPARTMENT Po11 of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None. Carried. These resolutions appear as Resolutions Numbers 5784 and 5785 in Resolution Book No. 41. 22. Resolution Requesting Bocce Ba11 Sets 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. 5764 RESOLUTION REQUESTING BOCCE BALL SETS Poll of votes: Ayes - Anderson, Ludeman, Luettinger, Law. Nayes - None. Absent - Jacobsen. Carried. This resolution appears as Resolution No. 5764 in Resolution Book No. 41. 23. Street Barricades Motion by Ludeman, seconded by Anderson to permit the erection of barricades on First Avenue between 69th and 70th Street on September 17, during the hours of 2:00 p.m. to 10:00 p.m. for the purpose of holding a block party as requested by Ms. Donna Hoops, 6944 First Avenue. The only stipulation attached to this request is that the barricades be erected in such a way as to permit ingress and egress of emergency vehicles, should this be necessary. Council Meeting Minutes 11 September 12, 1977 A11 ayes - Carried. Absent - Jacobsen. 24. Appointment to Senior Citizens Commission Motion by Luettinger, seconded by Anderson to appoint Ms. Rosemary McNamee, 7009 Oakland Avenue, to the Senior Citizens Advisory Commission to fill a vacancy that will expire February 1, 1978. All ayes - Carried. Absent - Jacobsen. 25. PERA Legislative Proposals Motion by Ludeman, seconded by Luettinger that this item be deferred. A11 ayes - Carried. Absent - Jacobsen. 26. Payments and Estimates Motion by Anderson, seconded by Luettinger that the following payments and estimates be approved: A. Electric Service Co., Estimate 4, C. P. 686, Contract 2238, Street lighting Areas 12, 14A, 82% complete - $27,372.02 B. Minnesota Valley Surfacing Co., Estimate 4, C. P. 686, Contract 2237, Street paving, Areas 12, 14A, 98% complete - $42,096.77 and payment for reduced retained percent - $26,996.93 C. Lino Lakes Landscaping, Estimate 1, C. P. 686, Contract 2239, Street sodding and planting, 50% complete - $33,361.24 A11 ayes - Carried. Absent - Jacobsen 27. Claims and Payrolls Motion by Anderson, seconded by Ludeman that the following claims and payrolls be approved; RICHFIELD BANK AND TRUST Checks 30696/31833 $1,760,173.52 SUMMIT STATE BANK Checks 23607/23660 General $5,244,730.05 Checks 23666/25612 Payroll $ 134,669.89 All ayes - Carried. Absent -Jacobsen Council Meeting Minutes 12 September 12, 1977 28. Licenses Motion by Luettinger, seconded by Law that the following licenses be approved: Fee Waived New Church of St. Richard, 7601 Penn Avenue Retail on-sale beer One day only, November 20, 1977" Regular New Lil General, 7529 Lyndale New Godfather, 708 W. 66th Street New Holy Angels Academy, 66th and Nicollet New Lil General, 7701 Portland Renewal Wax Museum, 6630 Penn New Dollar Rent-a-Car, 616 E. 78th Street New Bridgeman's, 800 W. 66th Street September 24, 1977 only Taxicab Drivers New Doug Roske, 7001 3rd Avenue New Gary A. Tournier, 7539 Penn New Richard A. Olson, 6045 Lyndale New Robert A. Ranwick, 6730 Vernon New Ronald C. Praus, 3244 31st Avenue New J. Paul Nesse, 5121 28th Avenue New Dennis J. Hohn, 17240 Park Circle All ayes - Carried. Absent - Jacobsen Motion by Anderson, seconded by Ludeman that the following kennel licenses be approved; however, in approving the kennel licenses, the council members expressed concern about the number of cats listed on two of the licenses and expressed a need to study whether limitations should be imposed at some time in the future. Kennel Renewal Donald Moe, 6915 18th Avenue 3 dogs Renewal Joseph Hoover, 7620 Morgan 4 dogs Renewal Garnette W. Kelber, 6314 14th Avenue 15 cats Renewal Merle E. Hagen, 7614 Newton 3 dogs, 1 cat Renewal Richard Burtis, 7325 Fremont 4 cats Renewal Donald W. Blais, 2617 W. 70th Street 5 dats Renewal Mrs. C. B. Adams, 6314 Aldrich 3 dogs, 1 cat Renewal Dorothy Masoner, 6326 C-linton 4 dogs Renewal Catherine E. Bros. 6338 Clinton 27 cats Renewal Airport Pet Hospital, 6301 Cedar Avenue Renewal Woodlake Vet Hospital, 600 W. 66th Street Food consumption on premises Ice machine, food, cig. Soft drink Food consumption on premises Soft drink :Dealers in motor vehicles Temporary sign 1 1 Council Meeting Minutes 13 All ayes - Carried. Absent - Jacobsen September 12, 1977 Motion by Luettinger, seconded by Anderson that the city council adopt a resolution of appreciation for Don Fondrick. All ayes - Carried. Absent - Jacobsen 29 Adjournment Motion by Ludeman, seconded by Luettinger that the meeting adjourn. All ayes - Carried. Absent - Jacobsen. Time: 12:45 a.m., Se ember 13, 1977. Date Approved: September 26, 1977 oxen L. La or l1. Thomas J. Mo an City Clerk Wayne S. Burggraaf Cit~r Manager