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02-25-1980CITY OF RICHFIELD Regular Meeting February 25, 1980 The City Council of the City of Richfield met in regular session in the council chambers of the city hall on Monday, February 25, 1980 at 7:10 p.m. Rev. Marcus Mork, of Oak Grove Lutheran Churcha 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 Ludeman, seconded by Luettinger that the minutes of the February 11, 1980 city council meeting be approved subject to the following amendments: Pale 8, Item 13 - Delete poll of votes and insert "All ayes - Carried." P, age 9 - Insert - "Councilman Luettinger_q_ualified his 'nay' vote~by saying he felt that past commission members distinguished them selves with their expertise and should not be replaced." A11 ayes - Carried. 2. Presentation of Citizen of the Year Award Mr. Ralph Olson, 7545 Pillsbury Avenue, introduced Jack and Nancy Jorgenson, 6820 - 11th Avenue, who had been selected by the Human Rights Commission to re- ceive the 1979 Citizen of the Year Award. Mayor Priebe presented the Jorgeneons with a plaque commemorating this award.' 3. Taxicab.Licenses Mr. Gary A. Tournier, president of Public Taxi Service, 7708 Morgan Avenue, appeared in behalf of his request for licensing of fifteen taxicabs. The city manager recommended deferral of this item until the public safety department can complete its investigation. Motion~by Luettinger, seconded by Ludeman to defer consideration of this license application to ~ 10, 1980 to allow the public safety department ample time to complete its background investigation. All ayes - Carried. Council Meeting Minutes ~ -2- February 25, 1980 4. Public Hearing Regarding Approval of Draft Franchising Ordinance and Request for Proposals for Cable Television Karl Nollenberger, City Manager, advised the city council that the South- west Suburban Cable Commission had given final approval to the draft franchising ordinance and the request for proposals for cable television and that they were requesting the city councils of the involved communities to hold public hearings on this matter. City Attorney, Clayton LeFevere, gave legal-clarification and indicated • that the purpose of this hearing was to maintain the integrity of the process. Richard Blevins, 7539 Washburn, asked questions. Lawrence Wozniczka, 6744 Wentworth, expressed concern for safety and aesthetics and indicated he was in favor of underground cable. Motion by Bunce, seconded by Ludeman to close the hearing. • All ayes - Carried. 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. 6212 RESOLUTION ADOPTING AND APPROVING FRANCHISING DOCUMENTS AND AUTHORIZING SOUTHWEST SUBURBAN CATV STUDY COMMISSION TO DISTRIBUTE DOCUMENTS, AND TO ARRANGE APPLICANT HEARINGS Poll of votes: Ayes -.Collins, Luettinger, Bunce, Ludeman, Priebe. Nays - None. Carried. This resolution appears as Resolution No. 6212 in Resolution•Book No. 44'. The city manager reported on a recommendation of the Southwest Suburban Cable Commission whereby council members would not individually meet with repre- sentatives of cable television companies and he recommended that the city council adopt such a motion. Council Meeting Minutes -3- February 25, 1980 Motion by Ludeman, seconded by Collins to recommend that no member of the city council shall meet individually with any representative of a cable tele- vision company so long as the other four communities and the Southwest Suburban Cable Commission adopt a similar motion. All ayes - Carried. Motion by Ludeman, seconded by Luettinger to authorize the appropriation of $2,500 to the Southwest Suburban Cable Commission. All ayes - Carried. 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. 6213 ' 1 RESOLUTION AUTHORIZING TRANSFER OF APPROPRIATION FROM THE 1980 CONTINGENCY ACCOUNT TO THE LEGISLATIVE DEPARTMENT Poll of votes: Ayes - Collins, Luettinger, Bunce, Ludeman, Priebe. Nays - None. Carried. This resolution appears as Resolution No. 6213 in Resolution Book No. 44. 4. Ordinance Amendment Relating to City Employee Holidays. Second Reading. Karl Nollenberger, City Manager, presented an amendment to the ordinance code relating to city employee holidays'and recommended the city council give second reading approval. Motion by Ludeman,~seconded by Bunce to close the hearing.: A11 ayes - Carried. Bill. 1980-3, "An Amendment to Section 2.34, Subdivision 2 of the Richfield Ordinance Code Relating to Employee Holidays", was. read and reviewed by City Attorney, Clayton~LeFevere, the same being on file in the office of the city clerk. (C-9898) Council Meeting Minutes -4- February 25, 1980 Motion b~ Ludeman, seconded by Luettinger that this constitute a second reading of Bill 1980-3; that it be published in the official newspaper and that it be made a part of these minutes. Poll of votes: Ayes - Collins, Luettinger, Bunce, Ludeman, Priebe.. Nays - None. Carried. 5. Ordinance Amendment and Resolutions Relating to Water User Utility Rates. Second Reading. _ ~ ' Karl Nollenberger, City Manager, recommended that the city council give second reading approval to the ordinance amendment relating to water and sewer rates which will enable the council to establish water and sewer utility rates by resolution rather than by ordinance amendment. The water resolutions would give preferential treatment to seniors over 65 and handicapped persons with incomes of less than $5,000. Motion by Ludeman, seconded by Collins to close the hearing. All ayes - Carried. Bi11 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) Motion by Luettinger, seconded by Collins that this constitute a•second reading of Bill 1980-6; that it be published in the official newspaper and that it be made a part of these minutes. 1 Poll of votes: Ayes - Collins, Luettinger, Bunce,~Ludeman, Priebe. Nays - None. Carried. Council Meeting Minutes -5- February 25, 1980 Motion by Luettinger, 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. 6214 RESOLUTION ESTABLISHING SPECIAL WATER SERVICE CHARGES Poll of votes: Ayes - Collins, Luettinger, Bunce, Ludeman, Priebe. Nays - None. Carried. This resolution appears as Resolution No. 6214 in Resolution Book No. 44. Motion by Luettinger, 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. 6215 RESOLUTION ESTABLISHING WATER RATES AND CHARGES Poll of votes: Ayes - Collins, Luettinger, Bunce, Ludeman, Priebe. Nays - None. Carried. This resolution appears as Resolution No. 6215 in Resolution Book No. 44. Motion by Luettinger, 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. 6216 ` RESOLUTION ESTABLISHING SANITARY SEWER SERVICE RATES AND CHARGES Poll of votes: Ayes - Collins, Luettinger, Bunce, Ludeman, Priebe. Nays - None. Carried. This resolution appears a~ Resolution No. 6216 in Resolution Book No. 44. 6. Ordinance Amendment Relating to Pay Plan and Comuensat.ion Policies. Second Reading. • Karl Nollenberger, City Manager, presented an ordinance amendment relating to the paq plan and compensation policies of the city for council second reading consideration. He indicated that this ordinance amendment more specifically Council Meeting Minutes -6- February 25, 1980 clarifies which city employees are eligible for certain types of overtime compensation. Motion by Luettinger, seconded by Collins to close the hearing. All ayes - Carried. Bi11 1980-5, "An Ordinance Amending Subdivision 17, 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 Luettinger, seconded by Ludeman that this constitute a second reading of Bill 1980-5; that it be published in the official newspaper and that it be made a part of these minutes. Po11 of votes: Ayes - Collins, Luettinger, Bunce, Ludeman, Priebe. Nays - None. Carried. _ 7. •Ordinance Amendment Establishing Musical Concerts. First Reading. • Bill 1980-8, "An Amendment to Chapter V, Part II and Appendix D of the Ordinance Code of the Gity of Richfield", was read and reviewed by City Attorney, Clayton LeFevere, the same being on file in the office of the city clerk: (C9903) It was explained that this ordinance amendment had been prepared at the. request of the city council to enable local musicians to present small concerts at an affordable license fee. Motion by Luettinger, seconded, by Ludeman that this constitute a'first reading .of Bill 1980-8; that it be published in the official newspaper and t hat second reading of this ordinance amendment be~scheduled for March 10 , 1980. Poll of votes: Ayes - Collins, Luettinger, Bunce, Ludeman, Priebe. Nays - None. Carried. Council Meeting Minutes -7- February 25, 1980 8. Tabulation of Bids. Minutes and Award of Contract for Purchase of Two Industrial Type Tractors Rarl Nollenberger, City Manager, reviewed the three bids received for two industrial type tractors. He indicated that the lowest bid in the amount of $21,764, less $5,000 for trade-in, was received from Midway Tractor and he recommended the council award the contract to the low bidder. Motion by Bunce; seconded by Collins to award the contract for purchase of two industrial type tractors to Midway Tractor and Equipment Co., Inc. in the amount of $16,764. A11 ayes - Carried. 9. Tabulation of Bids Minutes and Award of Contract for Purchase of Tractor Karl Nollenberger, City Manager, advised the~city council that one bid had been received from Midway Tractor and Equipment Co., Inc. to furnish a Ford 1900 tractor with cab and snow blower in the amount of $11,647, less a trade-in of $3,700, for a total amount of $7,947. He recommended that the council award this contract to the bidder. Motion by Bunce, seconded by~Collins to award the contract for the purchase of one Industrial-Type Four Wheel Drive Tractor in the amount of $7,947 to Midway Tractor and Equipment Co., Inc. A11 ayes - Carried. 10. Tabulation of Bids Minutes and Award of Contract for Purchase of Two.Whee1 Utility Trailer ~ ~. Karl Nollenberger, City Manager, reviewed the two bids received for a two wheel utility trailer and recommended that the council award the contract to Minnesota Toro, Inc., the low bidder, in the ,amount of $1,890. Motion by Bunce, seconded by Collins to award the contract for purchase of a two wheel utility trailer in the amount of $1,890 to Minnesota Toro, Inc. All ayes - Carried. Council Meeting Minutes -8- February 25, 1980 11. Purchases in Excess of $1,000 Karl Nollenberger, City Manager, presented the following purchases in excess.of $1,000 for city council approval: Cross Country Skis Wood Lake Nature. Center needs to purchase skis and bindings and has received a low quotation from Four Seasons Equipment in the amount of $1,232. SSigns Through Hennepin County Purchasing, the city is able to purchase street signs from U. S. Standard Sign Company. It is anticipated around 100 street signs will need to be replaced during 1980, for which a bid of $1,393.50 has been received. Fairway Mower Minnesota Toro, Inc. of Plymouth, has.a used, reconditioned seven gang fairway mower with a one year warranty available for $9,000. Motion by Ludeman, seconded by Luettinger to authorize these purchases in excess of $1,000. A11 ayes -.Carried. 12. Review of Bids and Recommendation to Reject Bids for Lime Sludge Removal Karl Nollenberger, City Manager, advised the city council that one bid had been received for the removal of lime sludge in the amount of $107,730. As this bid is extremely high, compared with the expense in previous years, the city manager recommended rejection of the bid and exploring alternative methods of disposal. Motion by Ludeman, seconded by Luetting~r to reject the bid and direct the staff to investigate further alternatives and implementation of an alternate method of lime sludge excavation and disposal. All ayes - Carried. Council Meeting Minutes -9- February 25, 1980 13. Amendment to Final Development Plan and Special Use Permit, Coach Homes of Richfield Lake Development Rick Jopke, Acting Planning Director, reviewed the request for amendment to the .final development plan and special use permit for Coach Homes. The developer had received city council approval of the final development plan on November 13, 1979, and was now presenting several site plan changes as listed in Council Letter No. 77. Mr. Jim Stirton, representing Duraps Limited, responded to questions from the council members. Lawrence Wozniczka, 6744 Wentworth, questioned why one and one-half parking spaces are required on other apartments and less than one parking space is required in the PUD plan. He expressed concern for overflow parking on Emerson Avenue and Rae Drive. Motion by Ludeman, seconded by Collins. to approve the amendment to the final development plan and special use permit of Coach Homes by substituting the new site plan and approve the amendment authorizing 132 parking spaces. A11 ayes - Carried. 13. Waiver of Parking Regulations 'for Lion's Club Breakfast and Elementary School Pre-Screening Two requests for waiver of parking restrictions have been received. The first request is from the Lions Club who has requested the city council to waive existing "No Parking" restrictions on the south side of West 70th Street between Nicollet and Pillsbury Avenues from 6:00 a.m. to 1:00 p.m.~on May 4, . 1980, during the time they will be holding a pancake breakfast. The second request for 'the waiving of parking restrictions was made by the Richfield School District. They requested that "No Parking" restrictions in the 7100 block of Harriet Avenue and 72nd Street between.Harriet and Pleasant Avenue be waived on February 26, through~February 29, 1980 during the time a Council Meeting Minutes -10- February 25, 1980 pre-screening for the 1980 kindergarten classes is conducted. Motion by Luettinger, seconded by Collins to approve these requests for waiver of parking restrictions. All ayes - Carried. 14. Approval of Recreation Program Fees and Charges Don Fondrick, Community Services Director, reviewed the past user fees charged for the city's recreation facilities, the community center, ice arena and swimming pools. Mr. Fondrick noted that the ice arena has been operating in the last few years with a deficit of approximately $50,000 and the operating deficit for the three swimming pools in 1979 was $24,000. The following fees were presented for council approval: Ice Skating Ice Arena Fee Basic Rate $55.00 per hour 10 Hour Contract _._ 52.50 per hour 100 Hour Contract 50.00 per hour Open Skating Eliminate discount tickets for open skating; Charge $. 75 for skaters under the age of 18; Charge $1.25 for skaters age 18 and over. Reduce the collection of 100%.of instructor fees to ~- only collect 15% of the private instruction fee and the instructor retain upon collection his/her 85% share. Defer the school .district game charge to a later date. Motion by Ludeman, seconded by'Luettinger to approve the above ice program fee schedule. All ayes - Carried. Council Meeting Minutes -11- February 25, 1980 Swimming Pools Fee Resident Family $29.50 per season Resident Single 19.50 per season Non-resident Family 35.00 per season Non-resident Single 21.00 per season Outdoor Pool 1.25 per day Indoor Pool .75/hour or $1.50 for a 3 hour Whole outdoor pool rental 14.00/hour session Half outdoor pool rental 7.00/hour Increase instruction fee as cost is determined. Motion by Ludeman, seconded by Collins to approve the swimming fees as proposed. A11 ayes - Carried. Community Center Mr. Fondrick indicated that it was the recommendation of the staff that no change in rental fees for the community center be made at this time. Recreation Program fees be calculated to reflect cost. Tennis courts - Increase from $2 to $3 per hour to reflect increase in electricity. Softball - Adjust the hourly rate to reflect actual cost of energy use. Motion by Luettinger, seconded by Ludeman to approve the proposed recreation fees. A11 ayes - Carried. 15. Final Application Materials for Community Development Block Grant Program Karl Nollenberger, City Manager, advised that the final CDBG application differs from the preliminary application in the following ways and described in detail in Council Letter No. 76: 1. The amount of funds which we will potentially have available has been increased from $352,000 to .$374,000. The additional $22,000 will be used for site acquisition in Year VI and site rehabilitation in Year VII. l Council Meeting Minutes -12- February 25, 1980 2. The types of projects for which the CDBG funds will be used in the L/H/N project have been expanded. Mr. Nollenberger recommended that the city council approve the final application and authorize submittal to Hennepin County for inclusion in the Urban Hennepin County CDBG application by adopting 'the appropriate resolution. 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. 6211 RESOLUTION APPROVING COMMUNITY DEVELOPMENT PLAN, HOUSING ASSISTANCE PLAN AND OTHER COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION MATERIALS AND AUTHORIZING THEIR SUBMITTAL TO HENNEPIN COUNTY Po11 of votes: Ayes - Collins, Luettinger, Bunce, Ludeman, Priebe. Nays - None. Carried. This resolution appears as Resolution No. 6211 in Resolution Book•No. 44. 16. Approval of Grant Application for Wood Waste Disposal Karl Nollenberger, City Manager, advised the city council that the Depart- went of Agriculture`s shade tree.g'rant program, which the city has been participating in for several years in the elimination of tree disease, also provides funding to assist municipalities in acquiring the equipment necessary to administer an effective shade tree program. He indicated that two pieces of equipment used in the tree trimming and removal program are in need of re-• placement-and may be eligible for state funding assistance, and. he recommended council authorization to submit•a grant application. Motion by Collins, seconded by Luettinger to authorize the submission of r a grant application to the~Minnesota Department of Agriculture for this equipment replacement. A11 ayes - Carried. rl it Council~~Meeting Minutes -13- 17. Report on Annual Spring Clean-Up Week February 25, 1980 Karl Nollenberger, City Manager, reviewed the results of a random survey taken among residents to determine community interest in continuing the annual spring clean-up program. It was pointed out that because of increased costa, the continuation of the spring clean-up program had not been considered in the 1980 adopted budget and alternatives had been considered. The council discussed the alternatives suggested by the staff, that of - Total elimination of the project; Reinstate the curbside pickup at no charge; Provide curbside pickup at $2 for all residents; Provide curbside pickup at $2 per participating resident; Provide a one-site designated disposal location. Motion by Ludeman, seconded by Luettinger to authorize a spring clean-up program with a charge of $5 per curbside pickup and free disposal at a central site. All ayes - Carried. It was suggested that a notice of the time and cost of the spring clean-up be inserted in the water bills.~~ 18. Authorization to Implement Interim Salary Adjustment for International Association of Firefighters, Local 1215 Karl Nollenberger, City Manager,. recommended that the city council authorize implementation of an interim wage adjustment under terms of the 1980 labor contract agreement with the International Association of Firefighters Local 1215. The labor. contract provides that the 1980 wages of .Richfield firefighters will be based on the second and third highest 1980 wage rates in six comparable communities. 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: Council Meeting Minutes -14- February 25, 1980 RESOLUTION N0. 6218 RESOLUTION AUTHORIZING IlKPLEMENTATION OF AN INTERIM ADJUSTMENT IN SALARIES TO INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 1215 Po11 of votes: Ayes - Collins, Luettinger, Bunce, Ludeman, Priebe. Nays - None. Carried. This resolution appears as Resolution No. 6218 in Resolution Book No. 44. 19. Continued Participation in Hennepin County Criminal Justice Council Karl Nollenberger, City Manager, advised the city council that Richfield is participating in the Hennepin County Criminal Justice Coordinating Council which represents all municipal units of government in Hennepin County in monitoring and managing administration of the Law Enforcement Assistance Administration Grant Program. Anew program signed into law by President Carter in December, requires communities to compete on a statewide basis for LEAA funds unless local: units of government take specific action before March 1, 1980 to name an entitlement jurisdiction alternative in which the community wishes to participate. Mr. Nollenberger recommended the city council adopt a resolution authorizing Rich- field's continued participation: in HCCJCC. Motion by Luettinger, 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. 6217 RESOLUTION AUTHORIZING PARTICIPATION IN HENNEPIN COUNTY CRIMINAL JUSTICE COORDINATING COUNCIL .. Po11 of votes: Ayes - Collins, Luettinger, Bunce, Ludeman, Priebe. Nays - L None. Carried. This resolution appears as Resolution No. 6217 in Resolution Book No. 44. '~ ~ I u Counci~. Meeting Minutes -15- February 25, 1980 20. Recommendation for Denial of Taxicab Driver Licenses Tom Morgan, Public Safety Director, recommended that the city council deny the applications of David Lee Devore and Joseph Frank Dotray for taxicab driver licenses. Motion by Luettinger, seconded by Collins to deny these license applications. A11 ayes - Carried. 21. Claims and Payrolls Motion by Luettinger, seconded by Collins that the following Claims and Payrolls be approved: RICHFIELD BANK & TRUST Checks 45043/45818 General $ 347,049.50 Checks 55958/56252 Payroll 157,741.51 SUMMIT STATE BANK Checks 63427/63452 $1,617,073.24 All ayes - Carried. 22. Payments and Estimates Motion by Collins, seconded by Luettinger that the following payments and estimates be approved: A. Estimate No. 1 and final - Lampert Building. Center - Treated Lumber for fencing, CP 705 -~L/H/N public improvement 100% complete - $5,679.41 B. Estimate No. 3 and final - 0 & P Contracting, Inc. - Utilities for golf course, CP 688 - 100% complete - $2,579.00 23. Licenses Motion by Bunce, seconded by Luettinger that the following licenses be approved: Council Meeting Minutes -16- Regular New Richfield Racquet, 7620 Penn New American Legion Renewal Korner Plaza, 6600 Nicollet Renewal United Rent All, 2200 W. 66th Street Renewal Union 76, 601 E. 66th Street Renewal Sunrise Marketing, 5892 Sunrise Drive Renewal Korner Plaza, 6600 Nicollet A11 ayes - Carried. 24. Discussion.- Not on~Agenda February 25, 1980 Vending machine Vending machine Comm,incinerator Truck/trailer rental Off-sale beer Vending machine Vending machine The council discussed the possibility of giving special recognition to Richfield Olympic Team hockey'-player, Steve Christoff. Motion by Ludeman, seconded by Luettinger to authorize preparation of a resolution of achievement for Steve Christoff from the entire council. A11 ayes - Carried. 25. Adjournment - Motion by Luettinger, seconded by Ludeman that the meeting adjourn. A11 ayes - Carried. Time: 11:04 p.m. Date Approved: March 10, 1980 Sy is K. Bergh Acting y Clerk 1 Karl Nollenberger City Manager