01-28-1980CITY OF RICHFIELD
Regular Meeting
January 28, 1980
The City Council of the City of Richfield met in regular session in the
council chambers of the city hall on Monday, January 28, 1980 at 7:20 p.m.
Rev. Charles Jones gave the invocation.
City Manager, Karl Nollenberger, led in the Pledge of Allegiance.
The meeting was called to order by Mayor Donald J. Priebe.
Present: Collins, Luettinger, Bunce, Ludeman, Priebe
1. Minutes
Motion by Collins, seconded by Bunce that the minutes of the January 17,
and January 1.4, 1980 be approved with the following revisions to the January 14,
1980 minutes:
Page 2, No. 5 - "Samuel D. Finkelstein, 1217 Foshay Tower,
Minneapolis attorney for the Lyndale Fruit and Vegetable Market,
Inc., appeared on behalf of the applicant. In response to question,
Mr. Finkelstein indicated that the number of jobs produced by the
project was subject to business conditions after development. It
was difficult to predict any new ones at this time. He indicated
that the Lyndale Garden Center would do some development even if
this project were turned down. He felt that the City had. made no
commitments to date on the project."
Page 20, No. 31 ~."Extra Item - Councilman Luettinger brought up
the Restoresorts proposal which had been made for golf course
management and requested city staff to review it.t0
Page 6, Para. 2 - Bill 1980-1~, "An Amendment to Chapter XI, Section
11.0 of the Ordinance Code of the City of Richfield", dealing with
the sale of into~ticating liquor and deleting from Subdivision 10,
paragraph (10) relating to the residence requirements of the manager,
was read -'-
A11 ayes - Carried.
2. Presentation of.Preclamation Proclaiming Catholic Schools Week
Mayor Priebe read a "Catholic Schools~Week Proclamation" which proclaimed
the week of February 3 -~ln, 1980 as~Catholic School Week 1980 and presented
Council Meeting Minutes -2- January 28, 1980
it to representatives of Holy Angels, Assumption and St. Peter's schools who were
present at the meeting.
3. Petition Concerning International Coin,. Inc., 1302 E. 66th Street
Karl Nollenberger, City Manager, advised the city councl_that a complaint
had been received regarding the increased traffic and parking ..congestion in the
area of International Coin, Inc., 1302 E. 66th Street.
David Olson, 6526 - 13th, presented a petition (C-9896) in opposition to the
traffic generated by this business. He cited the city council minutes of Decem-
ber 27, 1976, when the contractor for this building got approval for .an office
building.
Tom Morgan, Public Safety Director, had the minutes of December 27, 1976 read
in full and presented background information indicating that a variance was issued
but that the zoning was commercial.
Richard Brainerd, attorney representing International Coin, Inc., indicated
he felt this heavy traffic congestion was of short-term duration as it was due
to the present rise in the silver and gold market. He said that International
Coin, Inc. had negotiated with other businesses in the area to use their parking
areas which should help to alleviate the problem.
Dennis G. Hoeben, 6514 - 13th Avenue, and~Mary Ann Olson, 6526 - 13th Avenue,
spoke of dangers to small children as a result of the additional traffic.
Don Kretzmann, 6533 - 13th Avenue, presented photos to-the city council of
the increased parking in the area. (C-8787)
Motion by Ludeman, seconded by Collins to request the city. manager and the
city attorney to act as interested facilitator in this instance to resolve the
parking situation and report to the city council by the next council meeting.
All ayes - Carried.
Council Meeting Minutes -3- January 28, 1980
4. I'~resentation of Award~to Mrs. Stanley Olson by NOISE (National Organization
to Insure a Sound Environments - '
Mark Mahon, Bloomington Council Member, Walter Rockenstein, Minneapolis
Alderman, and Lenord Levine, Council Member;.Sb.'`Paul:, p~esented~a certificate
to Elaine Olson- on behalf of State. OT~#on ' ft3~-fner mayor cif 12ichfield, from the
NOISE organization.
They praised Mr. Olson for his bi-partisan efforts in the elimination
c ~..:
of airplane-jet noisy. _ '. ,-. r..° .. _, .... .
Council recessed at 8:30 p.m. and reconvened at 8:45 p.m.
Councilman Luetitiriger indicated a desire°'to fs`sue~~a~'proclamation~'to Stan
Olson in recognition of his work~3n~MASAC.
Motion by Luettinger, seconded by Ludeman to-propose that a proclamation
,.
be issued` by the city co~iincil '-tt 'Sfatt~.e~ ~Y~son fog his °~wo~'k in noise elimination
through tli~ I~SA~ o~gariazatiidn' - ., ,=' `'' . - - . _ - - . -
5. Amendtri:ent "ro the `Ordiriance,`Cocle lta~ating ~~o 'pi'ty Hel'idays. First Reading.
Karl Nollenberger, City Manager, reviewed the proposed ordinance amendment
relating to employee holiday`s~`~which `eliminates ~tslumbus llay on the second Monday
of October as a holiday and substitutes the Friday after Thanksgiving in its place
and also establishes an eleventh holiday, the date of whicYi shall be designated
each yeas bx.Ythe;c3.ti~..~ahaget_; ,_.,_°r:..!"~~-~~° .°F,':~-~_ _ __ ~.-~ ., •_ ..-
Bi11 1980~3,~"Ati Auendmenb~~°to~~sdctioiT`~':~`~+, ~~uiidiv3.sitiri;2'o~ the~~F~ichfield
Ordinance Code Relating to Enpltiyee ~Ho1%E1~ys" `wais~ Yeviewed Eby Clayton LeFevere,
Ci"ty Aftiorne~+, the ~ game being on file in the -a~fi~e' o~f the city clerk. (C-9898)
Motion by Ludeman, seconded by Luettiiig~r fttat fYis `~ooristitute~ a first
reading of B3~11_~1980~3; -that it be ptt`"b1f_sl~~ed in 'the offi:eal newspaper and that
Council Meeting Minutes -4- January .28, 1980
second reading of this ordinance amendment be scheduled for February 25, 1980.
Po11 of votes: Ayes - Collins, Luettinger, Bunce, Ludeman, Priebe. Nays -. None.
Carried.
6. Purchases in Excess of $1 000
Karl Nollenberger, City Manager, presented two purchases in excess of $1,000
for city council approval.
Brochure Paper
This purchase covers paper for a brochure distributed to residents that is
published jointly by the city, and~the school district, and the cost is shared
by the school district and the city. The lowest quotation was received from
Wilcox Paper Co. in the amount of $1,293.84.
Security Screens
Bartley Sales Co., ~nc.,~ 3550 Dakot$ Avenue, Minnesota has submitted a
quotation for seven steel Van-Guard screens in the amount of $1,683. These
screens are to be installed at the Christian Park neighborhood park shelter
building.
Motion by Ludeman, seconded by Bunce to approve these two purchases in
excess of $1,000.
All ayes - Carried.
7. Minutes, Tabulation of Bids and Award of Contract for Civil Defense Sirens
Karl Nollenberger, City Manager, reviewed the two bids .received for civil
defense sirens and indicated that the lower bid was received from Electric
Service Co.,~Minneapolis, in the amount of $17,700. ~He recommended that the city
council award the bid to this firm.
Motion by Luettinger, seconded by Bunce to-award the bid for civil defense
sirens improvement to Electric Sexwice Co. in the amount of $17,700.
All ayes - Carried.
Council Meeting Minutes -5- January 28, 1980
" 8. Request for. Approval. of Extension of Contract for Remodeling of Lift
" Station No. 4
Karl Nollenberger, City Manager, advised the city council that F. F. Jedlicki,
Inc.;- the contractors rebuilding Lift Station ~~4 at Wilson Pond, have requested
a time extension on their contract to April 1, 1980; due to late delivery of
materials.
Motion by Ludeman, seconded by Collins to approve this request for an
extension:of time.
A11 ayes - Carried. "
9. Approval of Agreement with MAC for Golf Course Fire and Police Protection
Service
Karl Nollenberger, City Manager, reviewed a proposed agreement for public
safety services on the property leased from the"Metropolitan Airports Commission
for the golf course. The purpose of the agreement would be to give the City
authority and responsibility for providing routine police, fire and medical
emergency services on this leased property. The city manager recommended
adoption of this agreement with the Metropolitan Airports Commission.
Motion by Luettingeri seconded by Ludeman to adopt this agreement"and
authorize its execution by the mayor and the city manager.
All ayes -Carried.
10. Status Reports. Nuisan,ce._Abatement and drdinatice Revision Relating to
Cedar Industries
Tom Morgan, Public Safety Director, reviewed the events that have taken
place since last fall when .the city ,council received a petition from the Airport
Animal Hospital requesting enforcement of a city ordinance regarding industrial
use of Cedar Industries. The complainant is located at 6301 Cedar Avenue and
Cedar Industries are located at 6311 Cedar Avenue. The public safety director
reported that Cedar Industries did install shock isolators; however, they have
Council Meeting. Minutes -6- January 28, 1980
proven unsafe because of the size of the press. Cedar Industries has requested
an amendment to City Ordinance Code 3.34, Subv. 1 (12) to accommodate the size
of their existing metal stamping machines. The Airport Animal Hospital has
requested that the ordinance amendment sought by Cedar Industries be denied and
the existing ordinance be enforced.
Attorney Ron Swanson, respresenting Dr-. Blaine of Airport Animal Hospital,
was present and presented Dr. Blaine's request for alleviating this noise nuisance.
Mike Scherling, of Cedar~Industries, indicated he has been operating this
business at the same location since 1955 and that no complaints had been received
until this recent one by Dr. Blaine.
Karl Nollenberger, City Manager, recommended that enforcement of the ordi-
nance be researched and that he felt this nuisance factor was a private matter
between two property owners and not a public matter.
.Clayton LeFevere, City Attorney, provided legal insight. and read Minnesota
Statutes relating to nuisance definitions, i.e.,private vs public nuisances and
he stated that there is a potential for litigation. He also indicated to Mr.
Scherling that he has an on-going responsibility to seek solutions.
Motion by Ludeman, seconded by Luettinger that the city manager and his
staff research the law and present recommendations to deal with this dispute
at the next city council meeting. ~ -
A11 ayes - Carried.
11. Status Report on Police and. Fire Pension Issues
Karl Nollenberger, City Manager, advised the city council that the staff
still is 3,n ~a "data collection" stage of gathering information upon which a
cost .analysis of optimal pension plans for the Police and Fire Relief Assoc-
iations can be used for comparative purposes. He indicated a full report would
be available at the February 11, 1980 city coa~cil meting.
Council Meeting Minutes -7- January 28, 1980
12. Approyal.of Communty.,Health Services_Contract
Karl Nollenberger, City Manager, presented the Personal Health Services
Contract with the City of Bloomington for renewal. This 'is a continuation of
the community health program control that was started in 1977. The city manager
indicated that the city also has a contract with the Richfield School District
to provide nursing services to children in.the nonpublic elementary and
secondary schools.
Motion by Luettinger, seconded by Collins to approve the 1980 contract
with the City of Bloomington for provision of personal health services and to
authorize the city manager and mayor to execute this contract; and to ratify
extension of the existing health services agreetent with the Richfield School
District:
A11 ayes = Carried.
13. Approval .of LaliQr..,.Ca~tract with_Police..Officers_.As~ociation
Joyce Wilde, Administrative Services Director, summarized the labor contract
agreement that has been negotiated with the Richfield Police Supervisory Asso-
ciaton:' She indicated the following economic changes had been negotiated in
the proposed 1980 contract, as outlined in Council-Letter No. 39:
1: Increase in the employee maximum health insurance contribution
from $76 per month to $83 per month;
~. Increase in the annual clothing allowance from $215 to $250;
3: Abolishment of the college incentive and longevity .payments,
and folding of the existing level of the payrtierits into the
base wage;
4: An increase of approximately 8 percent on the 1979 maximum
wage for each of the three employee classifications: police
sergeant, police lieutenant, police captain.
Ms. Wilda recommended that the council adopt the appropriate resolutions
approving the negotiated 1980 labor contract agreement and providing for the
Council Meeting Minutes -8- January 28, 1980
transfer of funds from the contingency to the public safety division budget.
Motion by Ludeman, seconded by Bunce that the following resolution be adopte
that it be spread in the resolution book and that it be made a part of these
minutes::
RESOLUTION N0. 6205
RESOLUTION APPROVING AN AGREEMENT BETWEEN THE
CITY OF RICHFIELD AND THE RICHFIELD POLICE
SUPERVISORX ASSOCIATION FOR THE YEAR 1980 '
Poll of votes: Ayes - Collins, Luettinger, Bunce, Ludeman, Priebe. Nays - None.
Carried. This resolution appears as Resolution No. 6205 in Resolution Book No. 44.
Motion by Ludeman, seconded by Bunce 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. 6206
RESOLUTION AUTHORIZING TRANSFER OF
APPROPRIATIONS FROM THE 1980 CONTINGENCY
ACCOUNT TO THE PUBLIC SAFETY DEPARTMENT
Poll of votes: Ayes - Collins, Luettinger, Bunce, Ludeman, Priebe. Nays - None.
Carried. This resolution ap.pears_as Resolution No. 6206 in Resolution Book No. 44.
14. Council Meeting Format
Karl Nollenberger, City Manager, in response to requests from council
members, reviewed the existing order of business relating to the conduct o~
council meetings. He presented three proposals relating to council agenda
procedures as outlined in Council better No. 34:
1. Provision of allocated time at the beginning of the agenda
to permit residents~to address the council on miscellaneous
matters not specifically related to other agenda items;
2. Consent agenda procedures;
3. License and permit approvals.
Council Meeting Minutes -9- January 28, 1980
Clayton Le~'evere, City Attorney., provided information on meeting procedures
of other municipalities and suggested that if the council wishes to establish a
new rule of procedure, it should be done by amending the ordinance code.
Motion by Ludeman, seconded by Collins to provide a period at the beginning
of future council meetings for citizen participation.
All ayes - Carried.
The city manager indicated that if the council Faished to establish a
consent agenda procedure, which would consist of grouping routine or
non-controversial items on a consent agenda, this could also be incorporated
into the ordinance code.
Motion by Bence, seconded by Luettinger to approve the use of a consent
agenda for routine items, and to request the city attorney to implement these
changes in the ordinance code.
All ayes - Carried.
15. Resc~lufion.Relating to_Ad~,ournment of,_~,~:ty__~outiE],.~~I~et3;ngs
Karl Nollen$erger, City Manager, revietaed Resolution No: 5268, passed on
October ~$, 174, "Resolution Relating to Adjournadeiit ~€ Council Meetings",
which provides for the adjournment of city counreil meetings at 11100 p.m.
No action was taken.
16. Resolution Relat~-~;,__to. Gonariu~ty_ Action.. Agency
Council Member ~;udeman requested that a resolution rescinding Resolution
No: b117~ which supported a CAA(Community Action Agency) in suburban and rural
Hennepin County, be adopted by the city council.
Motion by Ludeman, 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 -10- January 28, 1980
RESOLUTION N0. 6207
RESOLUTION RESCINDING RESOLUTION N0. 6117
-WHICH SUPPORTED THE DEVELOPMENT OF A CAA
FOR SUBURBAN AND RURAL HENNEPIN COUNTY
Poll of votes: ~Ayes~- Collins,~Luettinger,~Bunce, Ludeman, Priebe. Nays - None.
Carried. This resolution appears as Resolution No. 6207 in Resolution Book No. 44.
17. Payements and Estimates
Motion by Luettinger, seconded by Collins that the following payments and
estimates be approved:
a. Estimate No. 3, Victor Carlson & Sons for the Heyman
Addition Public Improvements, CP 742. 80% Complete -
$45,872.17
b. Estimate No. 7, Bud Johnson for General .Construction
on Golf Course, CP 688 - 99% Complete.- $19,513.40
All ayes - Carried.
18. Claims and Payrolls
Motion by Ludeman, seconded by Luett~tnger that the following claims and
payrolls be approved: _ .
SUMMIT STATE BANK
Checks 63377/63493 $767-,809.77
RICHFIELD BANK & TRUST
Checks 41957/44793 General $408,375.92
Checks 55304/55594. Payroll $160,360.18
All ayes - Carried.
19. Licenses
Motion by Luettinger, seconded by; Ludeman .that the following licenses
be approved:
Council Meeting Minutes -12~ January 28, 1980
process of surveying the other communities for salary information, it was
learned that no other city councils were reimbursed for mileage or non-city
sponsored expense items. He advised that future expense payments would be
held within the guidelines of state law and the City Charter.
Motion by Luettinger, seconded by Collins that all expenditure reimbursements
of council members be limited to city sponsored events and up to the City Charter
imposed $500 for non-city sponsored events with the city manager to notify the
council when the $500 limit is reached. All submittals will have supporting
data required as normal for~all city employees.
All ayes. - Carried.
21. Not on A ends
Mr. Walker appeared regarding his golf course proposal. The city manager
indicated he will communicate with him.
22. Adjournment
Motion by Ludeman, seconded by Bunce that the meeting adjourn.
All ayes - Carried. Time: 10:55 p.m.
Date Approved: February 11, 1980
Donald J. l~riebe Mayor
Sy is K. Bergh Acting y Clefk Karl Nollenberger City Manager