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09-24-1979CITY OF RICHFIELD Regular Meeting September 24, 1979 'i'he City Council of the City of Richfield met in regular session in the Council Chambers of the City Ha11 on Monday, September 24, 1979, at 7:00 p.m. Mayor Law gave the invocation. The meeting was called to order by Mayor Loren L. Law. Present: Collins, Jacobsen, Luettinger, Law Absent: Ludeman ' 1. Minutes Motion by Jacobsen, seconded by Luettinger to approve the minutes of the regular council meeting of September 10, and the budget hearings of September 17, and 18, 1979. All ayes - Carried. Absent - Ludeman. 2 Presentation of a Certificate of Appreciation and a Proclamation Mayor Law presented a certificate of appreciation to Richard Krier, who has resigned has position as Director of Planning and Redevelopment. Mayor Law also read a proclamation establishing October 7 - 14 as National 4-H Week. 3. Request for Special Use Permit, Holy Angels Academy Karl Nollenberger, City Manager, presented an overview of the Academy of Holy Angels' request for special use permit and off-street parking contract to allow them to build a physical education facility addition adjacent to the existing facility at 6600 Nicollet Avenue. Richard Krier, Planning and Redevelopment Director, presented sketches of the proposed 14,970 square foot addition. Robert Worthington, representing the architectural firm Rauenhorst Corp., spoke in behalf of the proposed construction. He indicated groundbreaking was planned for fall of 1979. Council Meeting Minutes -2- September 24, 1979 Michael Lynch, 6617 Lakeshore Drive, questioned the parking arrangement between the school and the Church of St. Peter. Michael Donlin, co-principal of Academy of Holy Angels, elaborated on the limited agreement the school has with St. Peter's Church to-use their parking lot on weekends and after 3:00 p.m. on weekdays. Frank Riley, 6915 Portland, Chairman of St. Peter's building committee, spoke in favor of the parking agreement between the two facilities. Motion by Jacobsen, seconded by Collins to close the hearing. All aye's - Carried. Absent - Ludeman. Motion by Jacobsen, seconded by Collins to approve the special use permit subject to the following stipulations, as outlined in Council Letter No. 291: 1. That the Academy of Holy Angels enter into either a permanent agreement with the Church of St. Peter for use of their parking facilities or_an agreement with the city guaranteeing that an additional 205 parking spaces will be provided to-city standards if the existing agreement with the Church of St. Peter is ter- urinated. 2.. That Holy Angels Academy and the public safety department implement a program to correct existing fire safety problems. 3. That fire hydrant design and location be approved by the pubiie safety and public works departments. All ayes - Carried. Absent - Ludeman. Motion by Jacobsen, seconded by Collins 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. 6145 RESOLUTION APPROVING LAYOUT AND CONTRACT FOR OFF-STREET PARKING IN ACCORDANCE WITH APPLICATION N0. 79-14, CONTRACT N0. 2315 The Academy of Holy Angels 6600 Nicollet Avenue South Use: Physical Education Facility Addition Council Meeting Minutes -3- September 24, 1979 Poll of votes: Ayes - Collins, Jacobsen, Luettinger, Law. Nays - None. Absent - Ludeman. Carried. This resolution appears as Resolution No. 6145 in Resolution Book No. 43. 4. Ordinance Amendment Relating. to Gambling. Second Reading. Karl Nollenberger, City Manager, reviewed the requests from non-profit organizations for amendment of our present gambling ordinance which would permit some forms of gambling to be used by non-profit organizations for fund raising. Representatives from the American Legion and the Veterans of Foreign Wars were present in the audience. City Attorney, Clayton LeFevere, reviewed the revised ordinance amendment that had been amended to comply with council requests. Motion by Luettinger, seconded by Jacobsen to approve the amendments to the proposed ordinance as presented by the city attorney. All ayes - Carried. Absent - Ludeman. Bi11 1979-16, "An Amendment to Chapter V, Part II, Section 5.19 and Appendix D of the Ordinance Code of the City of Richfield", relating to the licensing and regulation of certain types of amusement and recreation, was read and reviewed ~by Clayton LeFevere, City Attorney, the same being on file in the office of the city clerk. (C-9874) Motion by Jacobsen, seconded by Collins that this constitute a second reading of Bill 1979-16; that it be published in the official newspaper and that it be made a part of these minutes. Poll of votes: Ayes - Collins, Jacobsen, Luettinger, Law. Nays - None. Absent - Ludeman. Carried. 5. Request for Ordinance Amendment, 6311 Cedar Avenue Karl Nollenberger, City Manager, reviewed the request of Mike Scherling, of Council Meeting Minutes -4- September 24, 1979 Cedar Industries, 6311 Cedar Avenue, for an amendment to the zoning ordinance to allow punch presses up to 150 tons rated capacity. The ordinance presently limits presses in an industrial district to 20 ton capacity. It has been brought to the staff's attention that Mr. Scherling has been operating these presses for considerable time. Mr. Nollenberger reviewed the staff recommendation that, inasmuch as this was a land use matter, this should be referred to the Planning Commission for study and recommendation to the city council. Dr. W. D. Blaine, of the Airport Pet Hospital, 6301 Cedar Avenue, expressed criticism of the vibration and noise interfering with his medical practice. He suggested that Cedar Industries utilize some type of shock absorbing material if they are permitted to continue operation. Motion by buettinger, seconded by Jacobsen to authorize the staff to contact Cedar Industries requesting them to immediately make provisions to eliminate the noise nuisance; and t• request the staff to retort back to the council at the next meeting if the ordinance, Section 3.34, "Use Regulations for Industrial District (I)", can be modified to accommodate this type of business. A11 ayes - Carried. Absent - Ludeman. Geri Christensen, 6929 - 10th Avenue, stated she patronizes the Airport Pet Hospital and was concerned about the noise. 6. Ordinance Amendment Relating to City Organization. First Reading. Karl Nollenberger, City Manager,.~presented an ordinance amendment relating to reorganization of the city staff for council consideration. He indicated that this organizational format, which has been discussed and reviewed by the city council since July 1, will organize the city staff into four major program areas; Community Services, Administrative Services, Public Safety and Community Development. Council Meeting Minutes -5- September 24, 1979 Bi11 1979-21, "An Amendment to Chapter II, Part II, and Section 2.29, Part III, of the Ordinance Code of the City of Richfield", providing for the structure of the administrative branch of the city government, was read and reviewed by City Attorney, Clayton LeFevere, the same being on file in the office of the city clerk. (C-9878) Motion by Luettinger, seconded by Collins that this constitute a first reading of Bi11 1979=21; that it be~pub.lished in the official newspaper and that second reading of this ordinance amendment be scheduled for October 9, 1979. Po 11 of~votes: Ayes - Collins, Jacobsen, Luettinger, Law. Nays - None. Absent - Ludeman. Carried. 7. Tabulation of Bids and Recommendation to Reject Bids. L/H/N Protect Fence Installation Karl Nollenberger, City Manager, reviewed the bids received for construction of a fence along the north end of the new aligned 65th Street, which is part of the L/H/N public improvement project. He indicated that the bids were greatly in excess of the estimated project cost and recommended rejection of the bids. It was recom- mended that the installation of this. fence be accomplished with city staff, with construction over the winter months. Motion by Luettinger, seconded by Jacobsen to reject the bids as recommended by the city manager and authorize the city staff to purchase materials to construct this fence during the winter months utilizing city personnel. A11 ayes - Carried. Absent - Ludeman. 8. Authorization to Advertise for Bids for Demolition of Jerry's Standard Station. 66th and Lyndale Karl Nollenberger, City Manager, recommended the city council authorize the advertisement for bids for demolition of Jerry's Standard Station at 66th and Lyndale, which is part of the L/H/N improvement project for Lyndale Avenue construction. Council Meeting Minutes -6- September 24, 1979 Motion by Jacobsen, seconded by Collins to authorize advertisement for bids for this demolition as recommended by the city manager. All ayes - Carried. Absent - Ludeman. 9. Purchase in Excess of $1,000 Karl Nollenberger, City Manager, advised the city council that the city would be required to remove two free-standing advertising signs in connection with the project to move the fence next to Lyndale Garden Center in order for the city ' to acquire the easement for the Lyndale Avenue improvement project. He indicated the low bid for this sign movement had been submitted by Signcrafters, Inc. in the amount of $2,184 and he recommended city council approval of this purchase in excess of $1,000. Motion by Luettinger, seconded by Jacobsen to accept the quotation of Sign- crafters, Inc. in.the amount of $2,184 to undertake the sign relocation. All ayes - Carried. Absent - Ludeman. 10: Traffic Control Requests Karl Nollenberger, City Manager, reviewed the following traffic control requests and the recommendations of-the traffic control committee: Request for Stop Sign at 72nd Street and Bloomington The committee recommended that this request for a -stop sign be denied as the criteria warranting installation were not met. Motion by Luettinger, seconded by Jacobsen to deny installation of this traffic control device as recommended by the committee. All ayes - Carried. Absent - Ludeman. Request for Stop Sign at 77th Street and 14th Avenue The committee recommended that a two-way stop sign be erected at this intersection, stopping traffic on 14th Avenue. Council Meeting Minutes -7- September 24, 1979 Motion by Jacobsen, seconded by Collins that the following resolution be adopted; that it be spread in the resolution hook and that it be made a part of these minutes: RESOLUTION N0. 6142 RESOLUTION RELATING TO TRAFFIC CONTROL SIGNS "STOP" SIGNS ON 14TH AVENUE SOUTH AT 77TH STREET, STOPPING 14TH AVENUE TRAFFIC AT 77TH STREET Poll of votes: Ayes - Collins; Jacobsen, Luettinger, Law. Nays - None. Absent - Ludeman. Carried. This resolution appears as Resolution No. 6142 in Resolution Book No. Request for Stop Signs at 64th Street and Grand Avenue and 64th Street and Harriet Avenue The committee recommended that the request for stop signs be denied since the criteria warranting installation was not met, however, they recommended the posting of a load limit sign. Motion by Jacobsen, seconded by Luettinger to deny the request for stop signs as recommended by the traffic control committee; and 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. 6143 RESOLUTION RELATING TO TRAFFIC CONTROL SIGNS "THRU TRAFFIC OVER 3 TON PER AX.EL PROHIBITED THIS BLOCK" ON 64TH, STREET BETWEEN LYNDALE AND GRAND AVENUES Poll of votes: Ayes - Collins, Jacobsen, Luettinger, Law. Nays - None. Absent - Ludeman. Carried. This resolution appears as Resolution No. 6143 in Resolution Book No. ~3 Request for StoQ Signs at Intersection of Xerxes Avenue and West 70th Street The committee recommended that the city of Edina be contacted to request their cooperation in installing a stop sign at Xerxes Avenue and 70th Street and that the city of Richfield would in turn erect a sign on the west side of Xerxes Council Meeting Minutes -8- September 24, 1979 Avenue if Edina is amenable to the suggestion. Motion by Jacobsen, seconded by Collins to recommend that the city of Edina be contacted regarding stop signs at the intersection of Xerxes and West 70th Street. A11 ayes - Carried. Absent - Ludeman. 11. Execution of Utility Easement with Financial Properties Development~_Inc. Karl Nollenberger, City Manager, advised the city council that the city has recently received the executed utility easement from Financial Properties Devel- opers, Inc. which will provide for a perpetual easement for sanitary sewer and water purposes on the K-M~rt site. He recommended that the city council authorize execution of this agreement. Motion by Collins, seconded by Jacobsen to authorize the mayor and city manager to execute this easement agreement with Financial Properties Developers, Inc. All ayes - Carried. Absent - Ludeman. 12. Authorization to Sell Certain Real Property Karl Nollenberger, City Manager, advised that, as a result of advertisements placed in the local papers for the sale of 6413 - 22nd Avenue (Lot 4, Block 13) a proposal had been received from Dorothy F. Norton in the amount of $8,000. He indicated that her proposal meets the required criteria and recommended the city council authorize sale of this property to Ms. Norton. Motion by Luettinger, 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. 6145 RESOLUTION AUTHORIZING SALE OF CERTAIN REAL PROPERTY LOT 4, BLOCK 13, NEW FORD TOWN 6413 - 22ND AVENUE Council Meeting Minutes -9- September 24, 1979 Poll of votes: Ayes - Collins, Jacobsen, Luettinger, Law. Nays - None. Absent - Ludeman. Carried. This resolution appears as Resolution No. 6145 in Resolution ~~ Book No. -43: 13. Resolution Apurovin~ 1979 Revised $ud~et, 1980 Proposed Budget, and Cancelling Tax bevies Karl Nollenberger, City Manager, presented the resolutions providing for the adoption of the revised 1979 budget and the 1980 proposed budget for council approval, as requested by council members following the budget hearings of September 17, and 18. The council praised the staff for the excellent preparation of the. budget and Mayor Law said the city is in excellent financial condition. 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. 6130 RESOLUTION ADOPTING A BUDGET FOR THE YEAR 1980 AND LEVYING TAXES Poll of votes: Ayes - Collins, Jacobsen, Luettinger, Law. Nays - None. Absent - Ludeman. Carried. This resolution appears as Resolution No. 6130 in Resolution ~¢ Book No. ~. Motion b y Jacobsen, seconded by Luettinger that the following resolution be adopted; that it be spread in the tesolution book and that it be made a part of these minutes: RESOLUTION N0. 6131 RESOLUTION AUTHORIZING REVISION OF 1979 BUDGET OF VARIOUS DEPARTMENTS Poll of votes: Ayes - Collins, Jacobsen, Luettinger, Law. Nays - None. Absent - Ludeman. Carried. This resolution appears as Resolution No. 6131 in Resolution Book No. 43. Council Meeting Minutes -10- September 24, 1979 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. 6132 RESOLUTION AUTHORIZING TRANSFER FROM WATER UTILITY IMPROVEMENT BONDS OF 1960 AND CANCELLING - LEVIES OF IMPROVEMENT BONDS OF 1960 Po11 of votes: Ayes - Collins, Jacobsen, Luettinger, Law. Nays - None. Absent - Ludennan. Carried. This resolution appears- as Resolution No. 6132 in Resolution Book No. ~•3'. 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. b133 RESOLUTION AUTHORIZING TRANSFERS FROM IMPROVEMENT BONDS OF 1960 AND WATER UTILITY FUNDS TO THE IMPROVEMENT BONDS OF 1961 FUND AND REDUCING CERTAIN AD VALOREM TAX LEVIES Poll of votes; Ayes - Collins, Jacobsen, Luettinger, Law. Nays - .None. Absent - Ludeman. Carried. This resolution appears as Resolution No. 6133 in Resolution Book No. •~r3: 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. 6134 RESOLUTION AUTHORIZING TRANSFER FROM WATER UTILITY FUND TO WATER BONDS OF 1961_ FUND AND REDUCING CERTAIN AD VALOREM TAX LEVIES ' Po11 of votes: Ayes - Collins, Jacobsen, Luettinger, Law. Nays - None. Absent - Ludeman. Carried. This resolution appears as Resolution No. 6134 in Resolution ~~ Book No. ~-: Council Meeting Minutes -11- September 24, 1979 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. 6135 RESOLUTION AUTHORIZING TRANSFERS FROM IMPROVEMENT BONDS OF 1959, IMPROVEMENT BONDS OF 1960 AND WATER UTILITY FUNDS TO IMPROVEMENT BONDS OF 1962 FUND AND REDUCING CERTAIN AD VALOREM TAX LEVIES Poll of votes: Ayes - Collins", Jacobsen, Luettinger, Law. Nays - None. Absent - Ludeman. Carried. This resolution appears as Resolution No. 6135 in Resolution Book No. 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. 6136 RESOLUTION AUTHORIZING TRANSFER FROM WATER UTILITY FUND TO WATER BONDS OF 1962 FUND AND ' REDUCING CERTAIN AD VALOREM TAX LEVIES Poll of votes: Ayes - Collins, Jacobsen, Luettinger, Law. Nays - None. Absent - Ludeman. Carried. This resolution appears as Resolution No. 6136 in Resolution Book No. 43: 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. 6137 RESOLUTION AUTHORIZING TRANSFER FROM WATER UTILITY FUND TO WATER BONDS OF 1963 FUND AND REDUCING CERTAIN AD VALOREM TAX LEVIES Po11 of votes: Ayes - Collins, Jacobsen, Luettinger, Law. Nays - None. Absent - Ludeman. Carried. This resolution appears as Resolution No. 6137 in Resolution Book No. 43. Council Meeting Minutes -12- September 24, 1979 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. 6138 RESOLUTION AUTHORIZING TRANSFER FROM WATER UTILITY FUND TO Il~IPROVEMENT BONDS OF 1965 FUND AND REDUCING CERTAIN AD VALOREM TAX LEVIES Poll of votes: Ayes - Collins, Jacobsen, Luettinger, Law. Nays - None. Absent - Ludeman. Carried. This resolution appears as Resolution No. 6138 in Resolution Book No. 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. 6139 RESOLUTION AUTHORIZING CANCELLATIOTI OF CERTAIN AD VALOREM TAX LEVIES ON IMPROVEMENT BONDS OF 1967 FUND AND . REDUCING CERTAIN AD VALOREM TAX LEVIES Poll of votes: Ayes - Collins, Jacobsen, Luettinger, Law. Nays - None. Absent - Ludeman. Carried. This resolution appears as Resolution No. 6139 in Resolution Book No. ~*3'. 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. 6140 RESOLUTION AUTHORIZING REDUCTION OF CERTAIN AD VALOREM TAX LEVIES OF THE REDEVELOPMENT BONDS OF 1977 Poll of votes; Ayes - Collins, Jacobsen, Luettinger, Law. Nays - None. Absent - Ludeman. Carried. This resolution appears as Resolution No. 6140 in Resolution ' Book No. Council Meeting Minutes -13- September 24, 1979 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. 6141 RESOLUTION AUTHORIZING A PARTIAL REDUCTION OF CERTAIN AD VALOREM TAX LEVIES OF THE REFUNDING BONDS OF 1978 Po11 of votes: Ayes - Collins, Jacobsen, Luettinger, Law. Nays - None. Absent - Ludeman. ~,tC~arried. This resolution appears as Resolution No. 6141 in Resolution Book No. -#~ Council-man Luettinger stated he wished to convey Councilman Ludeman's statement made at the September 18, budget hea;:ing that he voted his approval of the 1980 budget in absentia. Councilman Luettinger also stated that he wished to go on record as preferring to operate without the $90,000 revenue sharing allocation next year in the general fund. Martin Kirsch, 6725 Penn Avenue, commended the city council and staff for their efforts and remarked about the lack of citizen input. Lawrence Wozniczka, 6744 Wentworth, asked about taxes and the limited market value. 14. Assessment Rolls for Diseased Tree, Nuisancd Abatement and Weed Destruction Karl Nollenberger, City Manager; presented resolutions certifying special assessments to Hennepin County for council adoption. Motion by Jacobsen, seconded by Luettinger that the following. resolution be adopted; that it be spread in the resolution book and that it be made a part of these minutes: Council Meeting Minutes -14- September 24, 1979 RESOLUTION N0. 6127 RESOLUTION LEVYING SPECIAL ASSESSMENTS FOR ABATEMENT OF DISEASED TREES Poll of votes: Ayes ~- Collins, Jacobsen, Luettinger,. Law. Nays - None. Absent - Ludeman. Carried. This resolution appears as Resolution No. 6127 in Resolution Book No. 43. Motion by Jacobsen, seconded by Luettinger that t$e following resolution be adopted; that it be spread in the resolution book and that. it be made a part of these minutes: RESOLUTION N0. 6128 RESOLUTION LEVYING SPECIAL ASSESSMENT FOR WEID DESTRUCTION Poll of votes: Ayes - Collins, Jacobsen, Luettinger, Law. Nays - None. Absent - Ludeman. Carried. This resolution appears as Resolution No. 6128 in Resolution Book No. 43. 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. 6129 RESOLUTION LEVYING SPECIAL ASSESSMENT FOR NUISANCE ABATEMENT Poll of votes: Ayes - Collins, Jacobsen, Luettinger, Law. Nays - None. Absent - Ludeman. Carried.. This resolution appears as Resolution No. 6129 in Resolution Book No. 43. Councilwoman Collins questioned why no interest is charged on the assessments for nuisance abatement. The staff was requested to research this and report back to the council at the October 9, 1979 meeting. Council Meeting Minutes -15- September 24, 1979 15 Certification of Delinquent Sewer and Water Utility Accounts Karl Nollenberger, City Manager, presented the annual resolution certifying delinquent sewer and water accounts for council adoption. Motion by Jacobsen, seconded by Collins 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. 6146 RESOLUTION CERTIFYING UNPAID SEWER AND WATER SERVICE CHARGES TO THE COUNTY AUDITOR TO BE COLLECTED WITH OTHER TAXES ON SAID PROPERTIES Po11 of votes: Ayes - Collins, Jacobsen, Luettinger, Law. Nays - None. Absent - Ludeman. Carried. This resolution appears as Resolution No. 6146 in Resolution Book No. 16. Resolution Amending Community Health Services Agreement with Hennepin County Karl Nollenberger, City Manager, presented a resolution authorizing amendment of'the 1979 contract between the city of Richfield and Hennepin County for the provision of community health services for council adoption. Motion by Jacobsen, seconded by Collins 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. 6144 RESOLUTION AMENDING AGREEMENT WITH HENNEPIN COUNTY FOR COMMUNITY HEALTH SERVICES Poll of votes: Ayes - Collins, Jacobsen, Luettinger, Law. Nays - None. Absent - Ludeman. Carried. This resolution appears as Resolution 1Vo. 6144 in Resolution ~~ Book No. 43-, ~17. Payments and Estimates Motion by Luettinger, seconded by Jacobsen that the following payments and estimates be approved: Council Meeting Minutes -16- September 24, 1979 A. Estimate ~~4, Carl Bolander & Sons, earthwork completed for CP 688, golf course, 63% complete - $32,244.75 B. Estimate ~~4, Lee Richert Plumbing & Heating, water wells and pump equipment, CP 688, golf course, 48% complete - $8,376.36 C. Estimate ~k3, Seiferts Nursery, landscaping Christian Park, CP 719, 99% complete - $16,702.20 D. Estimate ~~3, Evergreen Lawn Sprinkler, irrigation sys-t em, ~CP 688, golf course, 32% complete - $20,569.92 E. Estimate ~k4, Bud Johnson Construction, general construction, CP 688, golf course, 81% complete - $46,342.10 All ayes - Carried. Absent - Ludeman. ]:8. Ordinance Amendment Relatin to Fire Protection Code Karl Nollenberger, City Manager, presented an ordinance amendment which will -amend Richfield's existing fire prevention code to bring it into conformance with the Minnesota Uniform Fire Prevention Code for second reading consideration by the city council. Bill 1979-17, "An Amendment to Chapter III, Part I, Section 3.09 of the Ordinance Code of the City of Richfield, Minnesota", was read and reviewed by Clayton LeFevere, City Attorney, the same being on file in the office of the city clerk. (C-9879) Motion by Luettinger, seconded by Collins that this constitute a second . reading of Bill 1979-17; that it be published in the official newspaper and that it be made a part of these minutes: Poll of votes: Ayes - Collins, Jacobsen, Luettinger, Law. Nays - None. Absent - Ludeman. Carried. 19. Super America Station at 29.13 West 66th Street Karl Nollenberger, City Manager, informed the city council that the city had been advised by Super America that soil tests on the site of 2913 West 66th Street have proven unfavorable. This will require them to move their proposed Council Meeting Minutes -17- September 24, 1979 building five feet west of the previously approved location. When the special use permit was authorized by the city council, one of the stipulations was that a three foot high earth berm be built to screen residences from lights. Now Super America is proposing to construct a berm which will be partially on city .right-of- way. The city manager recommended the city council approve these proposed changes and also to authorize the execution of a Hold Harmless.Agreement to hold the city harmless from any damage, should such occur to the public improvements within the public right-of-way. Motion by Jacobsen, seconded by Luettinger to approve the proposed changes 1 and to authorize the mayor and city manager to execute a Hold Harmless Agreement with Super America. All ayes - Carried. Absent - Ludeman. 20. Contracts for Hotel/Motel Inspection Karl Nollenberger, City Manager, recommended the city council approve an agree- meet with the State of Minnesota for the city of Richfield to take over all of the hotel/motel fire inspection responsibilities. In return for transfer of this responsibility, the state will allow members of our fire division to participate in the fire marshal enforcement inspection training program offered by the state at no cost to the city. He indicated this would be an outstanding opportunity for members of our fire division to receive formalized training in the application of the Minnesota Uniform Fire Code. - Motion by Jacobsen, seconded by Collins to authorize the city manager to enter into an agreement with the State of Minnesota to participate in this program. A11 ayes - Carried. Absent - Ludeman. Council Meeting Minutes -18- September 24, 1979 21. Claims and Payrolls Motion by Jacobsen, seconded by Luettinger that .the following claims and payrolls be approved: SUMMIT STATE BANK Checks 51162/51207 .General $1,070,810.34 Checks 51208/52900 Payroll 150,810.45 RICHFIELD BANK & TRUST Checks 41774/43186 $ 463,777.19 All ayes - Carried. 22. Licenses Motion by Jacobsen, seconded by Luettinger that the following licenses be approved: Fee Waived New Rick NYS-Chem. Dep. Tournament Taft Park Food, soft drink September 8 Street Barricades Request to barricade Bryant Avenue between 75th and 76th Streets October 6, 1979.5:00 to 7:30 p.m. Block Party. All ayes - Carried. Absent - Ludeman. Motion_by Luettinger, seconded by Jacobsen that the following licenses b~e approved: Kennel Licenses Renewal Dorothy Masoner, 6326 Clinton 3 dogs Renewal Airport Pet Hospital, 6301 Cedar Renewal Barbara Eberhardt, 6744 Grand 1 dog, 3 cats Renewal Vicki Belz, 6244 14th Avenue 3 dogs Renewal Wayne Sletten, 6444 Washburn 3 dogs Renewal Woodlake Veterinary Hospital, 6436 Lyndale Renewal Marc Sullivan, 7301 Park Avenue ~~ 1 Council Meeting Minutes Licenses (Continued) Regular -19- New William Hansen, Gold Eagle Wash New South Square Cleaners, 2912 W. 66th Street Renewal Fabian Seafood, Galveston, Texas New PDQ Food Store, 607 E. 77th Street Renewal Trestman Music, 6630 Lyndale Taxicab Drivers New Colin Samuelson,~8435 Ingberg Trail, Cottage Grove New Alvin Siegel, 3908 Beau D`Rue St., St. Paul New Frank Forkins, Route 3, Buffalo New Richard Gerhard, 129 11th Avenue, St. Paul New ~ Bruce Cook, Route 1, Savage New Gerald Wilkes, 7244 Cedar Avenue New Charles Jackson, 2525 County Road 34, Burnsville New Richard Wyman,'5512 Benton Avenue, Edina A11 ayes - Carried. Absent - Ludeman. 23. Adjournment September 24, 1979 Vending machine Vending machine Itinerant food Food Soft drink Motion by Collins, seconded by Luettinger that the meeting adjourn. A11 ayes - Carried. Absent - Ludeman. Time: Date Approved: .October 9, 1979 S via K. Bergh Acting ty Clerk ~~~~ Karl Nollenberger~ City Manager