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02-11-1980CITY OF RICHFIELD Regular Meeting February 11, 1980 The City Council of the City of Richfield met in regular session in the council chambers of the city h.a11 on Monday, February 11, 1980 at 7:07 p.m. Councilman Ludeman 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: Bunce, Collins, Ludeman, Luettinger, Priebe 1. Minutes Motion by Luettinger, seconded by Bunce that the minutes of the January 28, 1980 city council meeting be approved as submitted. All ayes-- Carried. 2. Letter of Appreciation Mayor Priebe read a letter from Mrs. Stanley Olson expressing her appreciation for the NOISE commendation- presented to her at the last city council meeting. 3. Ordinance Amendment Relating to Appendix D, License, Permit and__M_iscellaneous Fees, Billboard Sign Maintenance. Second Reading. Karl Nollenberger, City Manager, recommended that the city council give second reading approval to this ordinance amendment. Motion by Luettinger, seconded by Ludeman to close the hearing. All ayes - Carried. Bi11 1980-Z, "An Amendment to Appendix D of the Ordinance Code of the City of Richfield Related to License, Permit and Miscellaneous Fees", was read and reviewed by Clayton LeFevere, City Attorney, the same being on file in the office of the city clerk. (C-9895) Motion by Ludeman, seconded by Collins that this constitute a second reading of Bi11 1980-2; that it be published in the .official newspaper and that it be made a part of these minutes. Council Meeting Minutes -2- February 11, 1980 Poll of votes: Ayes - Collins, Luettinger, Bunce, Ludeman, Priebe. Nays - None. Carried. 4. Ordinance Amendment Relating to Liquor Establishments Residency Requirements. Second Reading. .. Karl Nollenberger, City Manager, advised that the wine ordinance study oom- mittee had recommended that the provision relating to the liquor manager residencey requirement be eliminated in_the city ordinance code. Councilman Luettinger expressed his opposition.to deleting this portion of the ordinance and indicated he felt the ordinance should be strengthened instead of weakened. _ Councilman Bunce spoke in favor of this ordinance change. A. P. Anderson, 1625 W. 75th Street, spoke against changing the ordinance which would allow non-residents to manage liquor establishments. George Kenealey, 7609 - 3rd Avenue, attorney representing the VFW, spoke of the difficulty of obtaining a resident manager for the VFW. He stated that the present ordinance was not a workable provision and he was in favor of the change. Lawrence Wozniczka, 6744 Wentworth, spoke in favor of continuing with the resident manager provision as it would insure stability and reduce the liklihood of turnover. Motion by Bunce, seconded by Collins to close the hearing. A11 ayes - Carried. Bill 1980-1, "An Amendment to Chapter XI, Section 11.06 of the Ordinance Code of the City of Richfield,. Minnesota", dealing with the sale of intoxicating liquor and deleting from .Subdivision 10, paragraph (10) relating to the residence requirements of the manager, was read and reviewed by City Attorney, Clayton LeFevere, the same being on file in the office of the city clerk. (C-9894) Council Meeting Minutes -3- February 11, 1980 Motion by Bunce, seconded by Collins that this constitute a second reading of Bill 1980-1; that it be published in the official newspaper and that it be made a part of these minutes. Po11 of votes: Ayes - Collins, Bunce, Priebe. Nays - Ludeman,~Luettinger. Carried. 5. Transitory Ordinance Providing for Certain Capital Improvements, First Reading. . City Manager, Karl N~ollenberger, reviewed the projects adopted within the 1980/85 Capital Improvement Program that are scheduled for implementation in 1980. These projects are funded through the special revenue fund and the city manager recommended that the city council give first reading approval to a transitory ordinance providing for the expenditure of these monies from the special revenue fund. Bill 1980-4, Transitory Ordinance No. 16.64, "An Ordinance for the Expenditure of Money from the Special Revenue Fund for C-ertain Capital Improvements", was read and reviewed by Clayton LeFevere, City Attorney, the same being on file in the office of the city clerk. (C-9899) Motion by Bunce, seconded by Collins that this constitute a first reading of Bill 1980-4; that it be published in the official newspaper and that second reading of this ordinance amendment be scheduled for March 10, 1980. Poll of votes: Ayes - Collins, Luettinger, Bunce, Ludeman, Priebe. Nays - None. Carried. 6. Ordinance Amendment Relating to On-Sale Wine Licensing. First Reading. Karl Nollenberger, City Manager, reviewed the background study that has been conducted relating to the proposal of on-sale wine licensing. He advised that, as directed by the city council in November, 1979, the liquor study committee was reactivated and that a representative of that committee was prepared to address the council. Mr. Wes Borgeson, chairman of the wine licensing ordinance committee, indicated it was the desire of the committee to have a wine ordinance that would be compatible Council Meeting Minutes -4- February 11, 1980 with the liquor-beer license that is currently in force. Councilman Luettinger requested that the entire proposed ordinance be read in full. Bill 1980-7, "An Amendment to Chapter XI and Appendix D of the Ordinance Code of the City of Richfield" relating to liquor and intoxicating beverage control, was•read and reviewed by city attorney, Clayton LeFevere, the same being on file in the office of the city clerk. (C-9900) The council requested several changes in the proposed ordinance amendment which the city attorney noted and incorporated into the ordinance for second reading. Motion by Collins, seconded by Bunce that this constitute a first reading of Bill 1980-8; that it be published in the official newspaper and that second reading of this ordinance amendment be scheduled for March 10, 1980. Poll of votes: Ayes - Collins, Luettinger, Bunce, Ludeman, Priebe. Nays - None. Carried. 7. Report on International Coin Traffic Problem Tom Morgan, Public Safety Director, advised that arrangements were being made for additional off-street parking with commercial establishments in the immediate vicinity of International Coin and that it was felt this would alleviate the traffic congestion in the area. Mr. Morgan also stated that a temporary shed on the rear parking lot of International Coin was going to be removed which would provide an additional parking space. The city attorney gave legal insight into the difficulty of enforcing "resident only" parking restrictions. Mary Ann Olson, 6526 13th Avenue, and Don Kretzmann, 6533 13th Avenue, both expressed their concerns about the additional traffic and the hazards it did present. Council Meeting Minutes -5- February 11, 1980 Councilman Ludeman suggested implementing parking restrictions in the area for 30 days, and then reviewing the situation again at that time. 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: RESOLUTION N0. 6208 " RESOLUTION RELATING TO TRAFFIC CONTROL SIGNS "NO PARKING 9 A.M. to 5 P.M., MONDAY THROUGH SATURDAY" ON BOTH THE EAST AND WEST SIDES OF THE 6500 BLOCK OF 13TH AVENUE, STARTING FROM A POINT LOCATED 130 FEET NORTH OF THE NORTH CURB LINE OF EAST 66TH STREET AND PROCEEDING NORTH TO THE SOUTH CURB LINE OF EAST 65TH STREET Poll of votes: Ayes - Collins, Luettinger, Bunce, Ludeman, Priebe. Nays - None. Carried. This resolution appears as Resolution No. 6208 in Resolution Book No. 44. 8. Ordinance Amendment and Resolutions Relating to Water and Sewer Utility User Rates. First Reading. Karl Nollenberger, City Manager, presented an ordinance amendment to the water and sewer rates which would provide for relief to elderly, lower income senior citizens and possibly disabled persons. He indicated that the purpose of this ordinance was to take the schedule of rates and charges out of the ordinance and authorize the city council to establish sewer and water rates by resolution. Motion by Luettinger, seconded by Ludeman to insert a provision in the reso- lution to include the disabled as being eligible for this relief also. All ayes - Carried. Bill 1980-6, "An Ordinance Amending Subdivisions 1, 2, 3 and 4 of Section 8.12 of the Ordinance Code of the City of Richfield Relating to Sanitary Sewer Service Rates and Charges and Amending Subdivisions 1, 2 and 4 of Section 8.23 of such Ordinance Relating to Water Rates and Charges", was read and reviewed by City Attorney, Clayton LeFevere, the same being on file in the office of the city clerk. (C-9901) Council Meeting Minutes -6- February 11, 1980 Motion by Luettinger, seconded by Ludeman that this constitute a first reading of Bill 1980-6; that it be published in the official newspaper and that second reading of this ordinance amendment be scheduled for February 25, 1980. Poll of votes: Ayes - Collins, Luettinger, Bunce, Ludeman, Priebe. Nays - None. Carried. Lawrence Wozniczka, 6744 Wentworth, asked about the flat rate and the metered rate for sewer rates and questioned the difference in summer and winter rates. 9. Ordinance Amendment Relating to the Pay Plan and Compensation Policies for City Employees. First Reading. Karl Nollenberger, City Manager, presented an ordinance amendment relating to compensatory time off and time and one-half overtime pay. He indicated this ordinance amendment was necessary to "clean up the language in the city code" and recommended that the city council give first reading approval. Bill 1980-5, "An Ordinance Amending Subdivision~l7, Paragraphs (1) and (5) and Amending Subdivision 18 of Section 2.33 of the City of Richfield Relating to the Pay Plan and Compensation Policies of the City Applying to City Employees", was read and reviewed by City Attorney, Clayton LeFevere, the same being on file in the office of the city clerk. (C-9902) Motion by Ludeman, seconded by Collins that this constitute a first reading of Bill 1980-5; that it be published in the official newspaper and that second reading of this ordinance amendment be scheduled for February 25, 1980. Poll of votes: Ayes - Collins, Luettinger, Bunce, Ludeman, Priebe. Nays - None. Carried. 10. Award of Contract for City Vehicles Karl Nollenberger, City Manager, advised the city council that, in conjuction with the joint purchasing agreement with Hennepin County, a low bid had been received from Iten Chevrolet for a 27,500 GVW truck in the amount of $19,281. He recommended i` Council Meeting Minutes -7- February 11, 1980 that the city council authorize purchase of two of these vehicles. Motion by Ludeman, seconded by Collins to approve the purchase of two 27,500 GVW trucks from Iten Chevrolet at a unit cost of $19,281 and a total purchase price of $38,562. A11 ayes - Carried. Absent - Luettinger. 11., Richfield Clean-Up, Fix-Up, Pain_t_-Up Week Karl Nollenberger, City Manager, advised that the prospect of eliminating the annual Spring Clean-Up Week had been discussed with Bill Little, president of the Chamber of Commerce. He indicated that the Chamber of Commerce was interested in continuing the Spring Clean-Up Week, however, they did share the concerns of the city about the cost of the program. Mr. Bi11 Little, of the Chamber of Commerce, spoke of how the City and its needs have grown during the past sixteen years of the program and suggested looking for a less expensive way of conducting the project. Councilman Bunce stated he wished .to see the curbside pick-up continued. Motion by Bunce, seconded by Collins to direct the staff to seek other alternatives with the Chamber of Commerce and review this matter again at the February 25, 1980 city council meeting. All ayes - Carried. 12. Report on Airport Pet Hospital/Cedar Industries Noise Problem tom Morgan, Public Safety Director, reviewed the claims and counter claims that have been ~~xpressed by both parties in this dispute and indicated that it was the opinion of the staff and the city attorney's office that all reasonable efforts on the part of the city to facilitate an amicable resolution have been exhausted. Council Meeting Minutes -8- February 11, 1980 Mrs. Mary Bjorklund, assistant city attorney, outlined prosecution procedures and stated that a lengthy session could be expected inasmuch as Cedar Industries is in clear violation of the weight provisions of the zoning ordinance. Motion by Ludeman, seconded by Luettinger to authorize prosecution in this matter and to present a ten-day formal notice of an intent to file criminal charges to Cedar Industries. All ayes - Carried. 13. Board and Commission Appointments Richard Blevins, 7539 Washburn, suggested that no family have more than two members on a commission, that persons only be allowed to serve on one commission at a time and that persons with a longer residency be given preference. Mayor Priebe indicated he favored appointing new people to commissions and that he felt new council members should have a stronger "voice" in appointments. He also stated he felt that people should be limited to serve on one commission due to the large number desiring to serve. Motion by Bunce, seconded by Collins to limit the number of commissions a person can serve on to one. A11 ayes= Carried. Board of Health Motion by Bunce, seconded by Priebe that the following appointments be made to the Board of Health for a two-year term expiring January, 1982: Lia Ozo1s, 2012 W. 68th Street Charles Jones, 7007 Oliver Stuart Swanson, 7101 4th Avenue David Johnson, 2900 W. 71 1/2 Street A11 ayes - Carried. Energy Commission Motion by Ludeman, seconded by Collins that the following appointments be r- I 1 Council Meeting Minutes -9- made to the Energy Commission, term indefinite; Leon Lunas, 7508 Bryant Verne Lace, 7445, Ilth Avenue John Olinger, 2020 W. 68th Street All ayes - Carried. Civil Service Commission February 11, 1980 • Motion by Bunce, seconded by Collins to appoint Dominic Zappia, 6428 12th Avenue, to serve a three-year term, expiring February, 1983, on the Civil Service Commission. A11 ayes - Carried. Human Rights Commission Motion by Collins, seconded by Luettinger that the following individuals be 1 appointed to serve on the Human Rights Commission: E. E. Jacobsen, 7515 Wentworth, Unexpired three-year term, -- Expiring May, 1982 Edwina Garcia, 6732 18th Avenue, Three-year term, expiring May, 1983 A11 ayes - Carried. Park and Recreation Commission Motion by Luettinger, seconded by Ludeman to reappoint Bernie Middlesteadt, Bob Gunderson and Don Anderson to serve on the Park and Recreation Commission. Poll of votes: Ayes - Luettinger, Ludeman. Nays - Collins, Bunce, Priebe. Motion failed. Motion by Bunce, seconded by Collins that the following individuals be appointed to service on the Park and Recreation Commision for a three-year term, expiring February, 1983: Shirley Johnson, 7609 12th Avenue Rodell Kopesky, 7338 Park Avenue David Giese, 7112 Oak Grove Blvd. Poll of votes: Ayes - Collins, Bunce, Ludeman, Priebe. Nays - Luettinger. Carried. Councilman Luettinger qualified his "nay" vote by saying he felt that past commission members distinguished themselves with their expertise and should not be replaced. Council Meeting Minutes -10- February 11, 1980 Planning Commission Motion by Ludeman, seconded by Luettinger that the following individuals be appointed to serve on the Planning Commission for a three-year term, expiring January, 1983: Herbert A. Ketchum, 7212 Oak-Grove Blvd;, reappointment Erich Russell, 6229 E. Pleasant Jerome Kamprud, 7220 James Avenue ~o11~of votes: Ayes - Collins, Ludeman, Luettinger. Nays - Bunce, Priebe. Carried. Senior Citizens Motion by Ludeman, seconded by Collins that the following individuals be appointed to serve on the Senior Citizen/Handicapped Commission for a three-year ' term, expiring January, 1983: John Che11, 6734 Oakland Avenue John Takekawa, 7333 Thomas Avenue Wilma Peterson; 7335 17th Avenue All ayes - Carried. 14. Not on Agenda Motion by Ludeman, seconded by Bunce to suggest that awards be given to Richfield Eagle Scouts with a proclamation signed by the mayor. All ayes - Carried. 15. Status Report on Police and Fire Pension Issues Karl Nollenberger, City Manager, presented the police and fire pension adjust- or ents to reflect new actuarial information and advised that more information would be available at the February 25, 1980 city council meeting. . 16. Approval of Police Officer Federation Contract for 1980-81 Karl Nollenberger, City Manager, presented the new 1980-81 labor contract agreement which had been negotiated between the City and the Richfield Police Officers Federation. He recommended that the city council adopt the appropriate resolutions providing for implementation of this agreement. Council Meeting Minutes -11- - February 11, 1980 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: . RESOLUTION N0. 6209 RESOLUTION APPROVING LABOR AGREEMENT BETWEEN ' THE CITY OF RICHFIELD AND THE RICHFIELD POLICE - ~ OFFICERS FEDERATION BARGAINING UNIT FOR THE • YEARS 1980-1981 Poll of votes: Ayes - Collins, Luettinger, Bunce, Ludeman, Priebe. Nays- - None. Carried. This resolution appears as Resolution No. 6209 in Resolution Book No. 44. 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: RESOLUTION N0. 6210 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 appears as Resolution No. 6210 in Resolution Book No. 44. 17. Licenses Motion by Ludeman, seconded by Collins that the following kennel license be approved subject to a visual barrier being constructed at the rear of the yard: Kennel Herman W. Rude, 7430 Blaisdell Avenue 4 dogs A7.1 ayes - Carried. 18. Claims and Payrolls Motion by Luettinger, seconded by Bunce that the following claims and payrolls be approved: SUMMIT STATE BANK Checks 63404/63416 $2,105,921.30 Council Meeting Minutes -12- RICHFIELD BANK & TRUST Checks 41976/45886 General Checks 55625/55924 Payroll A11 ayes - Carried. 19. Extra Item February 11, 1980 $ 214,605.90 161,216.16 Mr. Marv Menzel, 6625 Penn Avenue, from the Homestead Pickin' Parlor, spoke of''!in store" concerts he•wanted to have in his establishment. These concerts feature local artists of the blue grass acoustic guitar. The license fee for the concert is $100 per day which Mr. Menzel felt was too excessive for the shows. • Mayor Priebe indicated cultural expansion would be good for the city. Motion by Ludeman, seconded by Collins to direct the staff to prepare an amendment to the general amusement ordinance to contain sliding scale fees. All ayes - Carried. 20. Licenses / Motion by Ludeman, seconded by Bunce that the following licenses be approved: Regular Renewal Shangri-La, Inc.. 2401 W. 66th Street_ Renewal Wilhelms Standard, 7544 Lyndale Renewal Wilhelms Standard, 7720 Nicollet Renewal Kenney`s Markets, 6700 Penn Renewal Kenney's Markets, 1430 E. 66th Renewal VFW, 710 Lake Shore Drive Renewal Luxury Lanes, 7711 18th Avenue Renewal Sibley, 36 W. 66th Street New Advance Carter, 850 Decator Renewal Richfield Pharmacy, 6519 Nicollet Renewal Hub Dairy Queen, 16 E. 66th Street 1 Sauna Vending machine, soft drink, cigarette Vending machine, cig., soft drink Ice machine, food, add. food, soft drink, cigarette Produce, food, add. food, vending machine Music box Bowling a11ey,• music box, coin amusement machine • Vending machine Cigarette Food, soft drink, cigarette Food, soft drink Council Meeting Minutes -13- Taxicab Drivers New Thomas Jamison, 853 Portla nd, St. Paul New Gary Zentz, 1501 11th Avenue, Minneapolis New Gregory Erickson, 6332 Whoming Avenue New Marvin Kaderlik, 8129 Stevens, Bloomington New John Thompason, 5129 44th Avenue, Minneapolis New Paul Gerges, 4616 Lyndale, Minneapolis New John Larson, 102 VanBuren, Hopkins A11 ayes - Carried. February 11, 1980 Councilman Bunce raised the issue of icy sidewalks and indicated he would like to have our ordinance amendment to be similar with St. Paul's. City Attorney LeFevere stated liability depends upon negligence and there was a possibility of the city being responsible. 21. Adjournment Motion by Collins, seconded by Ludeman that the meeting adjourn. 1 A11 ayes - Carried. Time: 12:20 a.m., Fek Date Approved: February 25, 1980 Syly K. Berg Actin ity Clerk ~~~~~~ Karl Nollenberge City Manager