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11-29-1979CITY OF RICHFIELD Regular Meeting November 29, 1979 [] The City Council of the City of Richfield met in regular session in the council chambers of the city hall on Thursday, November 29, 1979, at 7:00 p.rn. Pastor Jerry Larson, of Woodlake Lutheran Church, gage the invocation. The meeting was called to order by Mayor Loren L. Law. Present: Collins, Jacobsen, Ludetnan, Luettinger, Law 1. Minutes Motion by Luettinger, seconded by Jacobsen that the minutes of the November 13, 1979, city council meeting be approved as presented. All ayes - Carried. 2. Public,Safety Department_Commendation Aw~~ds Mayor Loren Law presented commendation awards to Firefighters bean Johanson 1 and James Case and Police Officer Timothy Johnson for their participation in aiding in an emergency childbirth on. February 1~+, 1979. 3. Wine Licensing. Comm3ttee_~:3.epor~ Karl Nollenberger, City Manager, reviewed the background of the formation of the wine licensing study committee. Tom Morgan, Public Safety Director, indicated that members of the Chamber of Commerce and the Wine Licensing Study Committee were in the audience and prepared to address the issue at this meeting. Dr. Beret Opsal, chairman of the wine licensing committee, spoke regarding the committee_'s findings and presented the report. Dave Miller, owner of Fireside Piaza, 6736 Penn Avenue, presented three petitions he has circulated at his restaurant and in homes in Richfield. (C-9885, 9886, 9887) He spoke in favor of the proposed wine licensing ordinance. Council Meeting Minutes -2- November 29, 1979 Bill Little, president of•the Richfield Chamber of Commerce., read a resolution in favor of on-sale wine licenses which was adopted by the Chamber of Commerce on May 19, 1978. Lloyd Frieden, owner of Lariet Lanes Bowling, stated he was in-favor of serving wine with meals but would not sell it in his restaurant. Richard Gadbois, 523 W. 74th Street, said there was a lack of opposition to the issue of selling wine in the area and that he felt it was a non-contro- versial issue. Joan Helmberger, 6914 Park Avenue, a member of the wine licensing study committee, stated she was in the minority of the committee members since she was in favor of wine licensing. Councilman Jacobsen enumerated the issues of Liquor, Sunday Liquor and Municipal Liquor in which the people have voted for previously. He indicated he was against restrictions and wanted a workable wine license. Attorney LeFevere reviewed the legal background on liquor laws which are provided for by state law. Councilperson Collins indicated she was against the prohibition of wine. Motion by Luettinger to accept the report of the committee. Motion died for lack of a second. Motion by Jacobsen, seconded by Collins to approve first reading of the wine licensing ordinance with the stipulation that the liquor study committee from 1976 suggest the number of licenses to be issued, a realistic fee, a square footage requirement and the net worth requirement, if any. Poll of votes: Ayes - Collins, Jacobsen. Nays - Ludeman, Luettinger, Law. Motion failed. 1 Council Meeting Minutes -3- November 29, 1979 Motion by Luettinger, seconded by Collins to accept the wine licensing committee report and have the liquor study committee members from 1976 recommend an ordinance for council consideration. Po11 of votes: Ayes - Collins, Ludeman, Luettinger, Law. Nays - Jacobsen. Carried. Mayor Law stated he would like a phone survey made of all restaurants to determine their interest. 4. Community Development Block Grant Program 1980, Preliminary Plans Ric'~..Jopke, Acting Community Development Director, advised the council that the staff had prepared a preliminary application for Community Development Block Grant Funds for funding the following projects: Housing Rehabilitation - Year VI - $105,000, Year VII - $85,000 Site Acquisition and Clearance - Year VI - $42,000 Handicapped Accessibility to Public Buildings - Year VI - $80,000 L/H/N Public Improvements - Year VI - $125,000, Year VII - $245,000 Community Center Kitchen Remodeling - Year VII $22,000 Motion by Luettinger, seconded by Jacobsen to close the hearing. A11 ayes - Carried. Motion by Jacobsen, seconded by Luettinger to approve the projects suggested for funding and authorize the city staff to submit the preliminary application to Hennepin County for review by the appropriate planning area citizens' advisory committee. All ayes - Carried. 5. Ordinance Amendment Relating to Traffic Controls Karl Nollenberger, City Manager, reviewed two traffic control matters with the city council. Request for Stop Sign, 65th and Upton A request for a three-way stop sign at the intersection of 65th Street and Council Meeting Minutes -4- November 29, 1979 Upton has been received. The city manager reported that the traffic volume and accident history at this intersection did not warrant the installation of any stop signs and recommended that this request be denied. 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. 6169 RESOLUTION RELATING TO TRAFFIC CONTROL SIGNS "STOP" SIGNS ON 65TH STREET AND UPTON AVENUE SOUTH, MAKING INTERSECTION A THREE-WAY STOP Poll of votes: Ayes - Collins, Jacobsen, Ludeman, Luettinger, Law. Nays - None. Carried. This resolution appears as Resolution No. 6169 in Resolution Book No. 44. Community Center Parking Lot Numerous complaints have been received regarding parking and driving problems in this area. In order for the problems to be alleviated an enabling ordinance would first need to be passed to provide for such traffic control in municipal parking lots, then the appropriate restrictions could be accomplished through a resolution. Bill 1979-23, "An Amendment to Chapter IX, Section 9.03 of the Ordinance Code of the City of Richfield, Minnesota", relating to regulating parking within the City, was read and reviewed by City Attorney, Clayton LeFevere, the same being on file in the office of the city clerk. (CL 9888) Motion by Jacobsen, seconded by Luettinger that this constitute a first reading of Bill 1979-23; that it be published in the official newspaper and that second reading of this ordinance amendment be scheduled for December 27, 1979. Poll of votes: Ayes - Collins, Jacobsen, Ludeman, Luettinger, Law. Nays - None. 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Roger Ostberg, 6733 Vincent, spoke in behalf of the Police Federation. Richard Blevins, 7539 Washburn, indicated he was in favor of PERA and suggested the city council act on passing an ordinance. Bill 1979-24, "An Ordinance Relating to Pension of Police Officers and Fire Fighters", was read and reviewed. by Clayton LeFevere, City Attorney, the same being on file in the office of the city clerk. (C-9889) Motion by Luettinger, seconded by Law that this constitute a first reading of Bill 1979-24. No poll of votes was taken. The council discussed the.date that this ordinance amendment would become effective and the city manager recommended that the date of April 1, 1980, be the date this ordinance would .be made effective. Mr. LeFevere suggested adding the following subdivision to the ordinance amendment if this is the desire of the council: '.'Subd. 6. The effective date of this ordinance shall be April 1, 1980." Motion by Ludeman, seconded by Jacobsen to amend the ordinance to incorporate Subd. 6 as written. Poll of votes: Ayes - Jacobsen, Ludeman, Collins. Nays - Luettinger, Law. Carried. Motion by Ludeman, seconded by Jacobsen that this constitute a first reading of Bill 1979-24; that it be published in the official newspaper and that second reading of this ordinance amendment be scheduled for December 27, 1979. Poll of votes: Ayes - Collins, Jacobsen, Ludeman, Luettinger, Law. Nays - None. Carried. 8. Resolution Disbanding Park and Recreation Advisor Commission and Creating a Community Services Advisor Commission A i. __. Council Meeting Minutes -7- November 29, 1979 Karl Nollenberger, City Manager, advised the city council that at the regular meeting of the Park and Recreation Advisory Commission in August, the commission was informed of the city's administrative reorganization. The com- mission then discussed their role in the reorganization and it was recommended unanimously that the present Park and Recreation Advisory Commission was willing to undertake expanded responsibilities in conjunction with the city reorganization and the consolidation of functions within the Department of Community Services. Don Anderson, 6724 Wentworth, a member of the Park and Recreation Advisory Commission, spoke in behalf of the commission and also indicated their desire and interest in continuing on the advisory commission in this new capacity. The city manager recommended that the city council adopt a resolution providing for the expansion of the Park and Recreation Advisory Commission to serve as a Community Services Advisory Commission. Mayor Law voiced concern far the scope of this organization being too broad. Motion by Jacobsen, seconded by Ludeman to defer action on this item to the December 27, 1979 council meeting and request the commission to discuss the matter further. A11 ayes - Carried. 9. Release of Off-Street Parking Bond, 211 West 76th Street Karl Nollenberger, City Manager, advised the city council that Timothy J. Gleason has complied with stipulations of his off-street parking contract in the construction of the addition to his building and parking lot at 211 West 76th Street and he recommended the release of the performance bond for this off-street parking contract. Motion by Ludeman, seconded by Collins that the following resolution be adopted; that it be spread in the resolution .book and that it be made a part Council Meeting Minutes -8- November 29, 1979 of these minutes: RESOLUTION N0. 6170 RESOLUTION RELATING TO RELEASE OF BOND ON OFF-STREET PARKING Mr. Timothy J. Gleason, President Gleason Mortuary 7234 - 14th Avenue South Location: 211 West 76th Street Use: Funeral Home Poll of votes: Ayes - Collins, Jacobsen, Ludeman, Luettinger. Abstain - Law. Nays - None. Carried. .This resolution appears as Resolution No. 6170 in Resolution Book No. 44. 10. Authorization to Receive Proposals, Space Utilization and Needs Study for Public Safety Department Karl Nollenberger, City Manager, presented an RFP covering a space util- ization study for the public safety building, and recommended that the council authorize request for proposals. Motion by Jacobsen, seconded by Ludeman to authorize the city manager to request proposals for a space utilization and needs study for the public safety building, to develop a tentative agreement with a qualified consultant to conduct this study, and to include police and fire representatives in the task force. All ayes - Carried. 11. Resolution Callin for Public Hearing, Industrial Development Bonds for Lyndale Garden Center . .Karl Nollenberger, City Manager, advised the city council that, in order to maintain the timetable .planned for the redevelopment of Lyndale Garden Center a date of hearing must be scat to authorize considering a tax exempt mortgage for private placement. He recommended the date of December 27, 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: Council Meeting Minutes -9- November 29, 1979 RESOLUTION N0. 6171 RESOLUTION CALLING A PUBLIC HEARING ON A PROPOSED PROJECT UNDER THE MINNESOTA MUNICTPAL INDUSTRIAL DEVELOPMENT ACT Po11 of votes: Ayes - Collins, Jacobsen, Ludeman, Luettinger, Law. Nays - None. Carried. This resolution appears as Resolution No. 6171 in Resolution Book No. 44. 12. Setting Dates of Hearing for Renewal of On-Sale Liquor Licenses Karl Nollenberger, City Manager, recommended the city council set a date of public hearing for applications for renewal of on-sale liquor licenses. Motion by'Jacobsen, seconded by Ludeman to schedule the public hearing on December 27, 1979, to consider the renewal of on-sale and Sunday liquor licenses for the Godfather, Inc. and the Left Guard Corporation, dba Maximillians and Chi Chi's. A11 ayes - Carried. 13. Payments and Estimates Motion by Luettinger, seconded by Jacobsen that the following payments and estimates be approved: A. Estimate ~~1, St. Paul Linoleum and Carpet - ice arena floor, CP 743, 99% complete - $11,700 B. Estimate ~~2, Landshapes, Inc. - Nicollet Park playlot, CP 735, 100% complete - $5,101 (pending approval of change order for $281) C. Estimate ~~6, Bud Johnson Construction - general construction golf course, CP 688, 99% complete - $25,500.60 D. Estimate ~~6, Lee Richert Plumbing & Heating, water wells and pump equipment, golf course, CP 688 - 84% complete - $5,051.02 E. Estimate ~~4, -- __ __ golf course, F. Estimate ~k3, golf course, G. Estimate ~~2, CP 705, 60% Evergreen Lawn Sprinkler, Inc. - irrigation system, CP 688, 84% complete -.$16,925.56 Bituminous Roadways, Inc. - pavement and concrete, CP 688 - 90% complete - $34,131.23 Victor Carlson - Heyman Addition, public improvements, complete - $121,963.45 All ayes - Carried. Council Meeting Minutes -10- November 29, 1979 14. Licenses Motion by Jacobsen, seconded by Ludeman that the application of Catherine Bros, 6338 Clinton, for a kennel license be deferred. All ayes - Carried. Motion by Jacobsen, seconded by Ludeman that the following licenses be approved: Regular Renewal Coca Cola Bottling, 101 Central Avenue Vending Machines Renewal Fabian Seafood, Galveston, Texas Transient Food Kennel Licenses (deferred 11/13/79) Renewal Donald Moe, 6915 18th Avenue 3 Dogs Renewal Garnette W. Kelber, 6314 14th Avenue 15 Cats Taxicab Drivers New Mark Frederick Grabow, 5020 Morgan Avenue New Daniel Giesecke, 3416 W. 60th Street New Joel Schweiteer, 6900 Park Avenue Renewal Kenneth Reich, 4540 W. Arm Road Renewal Bartley Williams, 5937 Columbus Avenue New James Stoesz, 5001 Vincent Avenue New Mohamed Schenodlh, 320 E. 60th Street Renewal Keith Olsen, 4912 36th Avenue New Stephen Lampert, 2021 W. 90th Street New William Krahn, 3826 Zane Avenue N. All ayes - Carried. 15. Claims and Payrolls Motion by Ludeman, seconded by Collins that the following claims and payrolls be approved: Richfield Bank & Trust Checks 42976/53820 Payroll $149,472.41 Checks 41861/44066 General 449,591.81 Summit State Bank Checks 53012/54116 $638,540.22 A11 ayes - Carried. I II Council Meeting Minutes -11- November 29, 1979 16. Adjournment Motion by Luettinger, seconded by Ludeman that the meeting adjourn. A11 ayes - Carried. Time: 12:22 a.m. November 30, 1979 Date Approved: December 10, 1979 L.~ Law a K. Berg Acting C Jerk .~ ~~ Karl Nollenberger City Manager