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03-10-1980CITY OF RICHFIELD Regular Meeting March 10, 1980 The City Council of the City of Richfield met in regular session in the council chambers of the city hall on Monday, March 10, 1980, at 7:15 p.m. Karl Nollenberger, City Manager, led in the Pledge of Allegiance. The meeting was called to order by Mayor Donald J. Priebe. Present: Bunce,-Collins, Luettinger, Priebe Absent: Ludeman ( Arrived at 7:40 p.m.) 1. Minutes Motion by Luettinger, seconded by Bunce that the minutes of the February 25, 1980, city council meeting be approved as submitted. All ayes - Carried. Absent - Ludeman. 2. Presentation of Certificates of Appreciation Mayor Priebe presented certificates of appreciation to retiring members of the various city advisory commissions. 3. Appointment to Senior Citizens/Handicapped Commission Karl Nollenberger, City Manager, advised the city council that a vacancy presently existed on the Senior Citizens/Handicapped Commission due to the resignation of Mr. John Gera and he recommended that an appointment be made to fill this vacancy. Motion by Bunce, seconded by Luettinger to appoint Ms. Marla Carlson, 7220 Garfield Avenue, to the Senior Citizens/Handicapped Commission to fill a three-year term, expiring February, 1982. All ayes - Carried. -Absent - Ludeman. 4. Request for Variance to the Sideyard Setback, 7345 17th Avenus Karl Nollenberger, City Manager, advised the city council that~a request had been received from Barton Realty for a variance to 7345 17th Avenue. He reviewed the staff and planning commission recommendations for approval of this variance to a aideyard setback inasmuch as this property was constructed in 1955 and a Council Meeting Minutes -2- March 10, 1980 variance was necessary to enable Barton Realty to sell the property. Motion by Luettinger, seconded by Collins to close the hearing. All ayes - Carried. Absent - Ludeman. Motion by Luettinger, seconded by Collins to grant the variance to a sideyard setback at 7345 17th Avenue. All ayes - Carried. Absent - Ludeman. 5. Ordinance Amendment Relating to Transfer of Special Revenue Funds for Certain City Improvements. Second Reading. Karl Nollenberger, City Manager, reviewed the transitory ordinance that would appropriate funds from the Special Revenue Fund to implement numerous capital im- provements included in the adopted 1980/85 Capital Improvements Program. Lawrence_Wozniczka, 6744 Wentworth, suggested that capital improvements appropriations be acted on separately instead of listed in one ordinance. Motion by Luettinger, seconded by Bunce to close the hearing. A11 ayes - Carried. Absent - Ludeman. Bi11 1980-4, Transitory Ordinanc0 No. 16.64, "An Ordinance for the Expenditure of Money from the Special Revenue Fund for Certain Capital Improvements", was read and reviewed by City Attorney, Clayton LeFevere, the same being on file in the office of the city clerk. (C-9899) Motion by Luettinger, seconded by Collins that this constitute a second reading of Bill 1980-4; that it be published in the official newspaper and that it be made a part of these minutes. Poll of votes: Ayes - Collins, Luettinger, Priebe, Bunce. Nays - None.' Absent - Ludeman. Carried. 6. inance to Issuance of icenses. Secs Karl Nollenberger, City Manager, reviewed the revisions that had been in- corporated in the wine licensing ordinance at the request of the city council. Council Meeting Minutes -3- March l0, 1980 ' Motion by Bunce, seconded by Collins to close the hearing. A11 ayes - Carried. Absent - Ludeman. Motion by Bunce, seconded by Collins to adopt the amendments to this ordinance. All-ayes - Carried. Absent - Ludeman. Bi11 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) Councilman Ludeman arrived at 7:40 p.m. He read an article from the "Richfield Sun" expressing opposition to the increasing availability of liquor to the youth. Mr. Ludeman stated he was against the ordinance. Motion by Collins, seconded by Bunce that this constitute a second reading of Bill 1980-7; that it be published in the official newspaper and that it be made a part of these minutes. P~See °Afdden~usm belyow) Collins, Luettinger, Priebe, Bunce. Nays - Ludeman. Carried. 7. Ordinance Amendment Relating to License and Regulation of Certain Types of Amusements and Recreation. Second Reading. Clayton LeFevere, City Attorney, advised the city council that this ordinance amendment had been written to enable small musical ensembles to present concerts at a reduced license fee. Motion by Bunce, seconded by Collins to amend Subd. 6, (6) to read as follows: "Adequate parking shall be available to the licensed premises to accommodate any anticipated traffic generated by the licensed activity.!'; , and amend (5) as follows: Addendum to Item 6; Councilman Luettinger clarified his "aye" vote for the wine ordinance. He said he personally does not approve it, but his constituency does favor this. Council Meeting Minutes -4- March 10, 1980 "Only one musical concert may be performed per day on the licensed premises and auch performance may occur only between the hours of 12:00 noon and 12:00 midnight, but the council may further restrict or extend the authorized hours of performances as deemed appropriate." A11 ayes - Carried. Richard Blevins, 7539 Washburn Avenue, stated he recalled Mr. Menzel, of the Homestead Pickin'Parlor, promising concerts would not last beyond. 10:00 o'clock. Motion by Ludeman, seconded by Collins to close the hearing. A11 ayes - Carried. Councilman Luettinger indicated he was not in favor of extending the hours for performances from 10:00 p.m. to 12:00 midnight as it may disturb bordering residents. Motion by Bunce, seconded by Ludeman to again amend the hours listed in Subd. 6, (5) to read as follows: "Only one musical concert may be performed per day on the licensed premises and such performance may occur only between the hours of 12:00 noon and 11:00 p.m., but the council may further restrict or extend the authorized hours of performances as deemed appropriate." A11 ayes - Carried. Bi11 1980-8, "An Amendment to Chapter V, Part II, and Appendix D of the Ordinance Code of the City of Richfield", was read and reviewed by City Attorney, Clayton LeFevere, the same being on file in the office of the city clerk. (C-9903) Motion by Ludeman, seconded by Collins that this constitute a second reading of Bill 1980=8; as amended; 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. 8. Bids, Tabulations, Minutes and Award of Contract for Street Sealcoating Karl Nollenberger, City Manager, reviewed the four bids received for sealcoatin Area 1 in the permanent street improvement project and recommended that the city Council Meeting Minutes -5- March 10, 1980 council approve the low bid meeting city specifications of $58,330.50 submitted by Allied Blacktop Company. Don Fondrick, Community Services Director, explained the proposed seven year project to sealcoat all of the city's permanent streetg, and recommended that the city council authorize the city staff to prepare bid specifications and call for bids for sealing of concrete joints and cracks on Lyndale Avenue, 74th Street to 78th Street. Motion by Luettinger, seconded by Ludeman to accept the bid of Allied Blacktop Company in the amount of $58,330.50 and authorize the call for bids for the Lyndale Avenue maintenance project. A11 ayes - Carried. 9. Purchases in Excess of $1,000 Karl Nollenberger, City Manager, advised the city council that the police division had recommended replacement of three radar speed monitoring devices. He indicated that a quotation in the amount of $1,950 had been received from MPH Corporation for these units and that one-half of the cost of this purchase will be reimbursed to the city under the Highway Safety Administration Act. Motion by Ludeman, seconded by Bunce to authorize the purchase of these radar speed monitoring devi ces. A11 ayes - Carried. 10. Bids, Tabulations,~Minutes and Award of Contract for Lyndale Liquor Store Remodeling Project Karl Nollenberge~, City Manager, reviewed the bids received for remodeling the interior of the Lyndale Liquor Store, which is the second phase of a general refurbishing of the store. In reviewing the bids, it was pointed out, that the length of time the store would be closed was an important factor in considering the bids and that the seeming low bidder was not necessarily the best bid due to Council Meeting Minutes -6- March 10, 1980 starting time and the length of time the store would be closed. The City Manager recommended that the city council award the contract to Superior 77, Inc. in the amount of $59,950, and an Alternate ~~1 bid of $3,320. Jim Lindberg, architect with Lindberg, Pierce, Inc., reviewed the proposed remodeling plans. Jeff Page, Liquor Stores Manager, responded to questions from the council. Motion by Ludeman, seconded by Luettinger to award the contract for the Lyndale Avenue liquor store interior remodeling project to Superior 77, Inc. in the base bid of $59,950 and with the understanding that the project will close the store for no more than 21 days before liquidated damages are assessed against the contractor. A11 ayes - Carried. 11. Resolutions Regarding Parking Regulations in Public Parking Lots Karl Nollenberger, City Manager, presented two resolutions relating to limitation of parking on the city hall parking lots and the community center for city council approval. 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. 6219 RESOLUTION ESTABLISHING CERTAIN PARKING RESTRICTIONS AT THE RICHFIELD COMMUNI.TY CENTER PARKING LOT Poll of votes: Ayes - Collins, Luettinger, Bunce, Ludeman, Priebe. Nays - None. Carried. This resolution appears as Resolution No. 6219 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 minut Council Meeting Minutes -7- March 10, 1980 ' RESOLUTION N0. 6220 RESOLUTION ESTABLISHING CERTAIN PARKING RESTRICTIONS AT THE RICHFIELD CITY HALL PARKING LOT Po11 of votes: Ayes - Collins, Luettinger, Bunce, Ludeman, Priebe. Nays - None. Carried. This resolution appears as Resolution No. 6220 in Resolution Book No. 44. 12. Approval of Classification of Non-Conservation Land Karl Nollenberger, City Manager, advised the city council that the city has received notification of a parcel of tax forfeited land in the 6200 block of Wentworth. He recommended that-the city council adopt the appropriate resolution approving sale of this tax delinquent property. 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. 6221 RESOLUTION APPROVIlVG CLASSIFICATION OF TAX DELINQUENT LAND AS NON-CONSERVATION LAND AND PROVIDING FOR SALE THEREOF Po11 of votes; Ayes - Collins, Luettinger, Bunce, Ludeman, Priebe. Nays - None. Carried. This resolution appears as Resolution No. 6221 in Resolution Book No. 44. 13. Recommendation for Adjustment for Mileage Reimbursement Karl Nollenberger, City Manager, presented a recommendation for increase in the mileage reimbursement for employees' use of their private automobiles on city business for city council consideration. He suggested that the current reimbursement of .18~ per mile be increased to 19~ per mile in view of the increased cost involved in operating a vehicle. Motion by Ludeman, seconded by Luettinger to authorize the payment of 19G per mile to city employees as reimbursement when private vehicles are used on city Council Meeting Minutes -8- March 1q 1980 business, effective April 1, 1980. All ayes - Carried. 14. Discussion of Proposed Department of Welfare Rule No. 39 Karl Nollenberger, City Manager, addressed the subject of the proposed rule 39 that was recently published by the Minnesota Department of Public Welfare. He indicated, that while it appears that provisions of the rule may apply to foster homes, day care homes and group day care centers, any concerns that the city council may have over this rule can be directed within the scopes of human rights issues. Motion by Bunce, seconded by Luettinger to express the council's concern over the potential impact of this regulation upon basic human rights and direct the staff to forward these concerns to the Department of Public Welfare. All ayes - Carried. 15. Federal Legislative Issues Karl Nollenberger, City Manager, discussed federal legislative issues that he and representatives of the city council plan on presenting to Minnesota repre- sentatives in Washington, D.C., when they attend the National League of Cities annual conference on March 16 - 18, 1980. The following legislative position statements were reviewed for city council approval: General Revenue Sharing Community Development Block Grant Program Energy Conservation Block Grants Aircraft Noise Regulations Mortgage Revenue Bond Legislation Relocation Policy for Federally Sponsored Programs Motion by Ludeman, seconded by Luettinger to support these legislative position statements and to direct the City Manager, Mayor and Councilman Bunce to convey these issues to our federal legislators. All ayes - Carried. . 16. Report on Survey Techniques The City Manager and city council reviewed various methods of conducting surveys within the city. Council Meeting Minutes -9- March 10, 1980 17. Licenses Karl Nollenberger, City Manager, reviewed the application of the American Legion Post ~~435 for renewal of bingo and gambling licenses. He reported that all background investigation had been completed and the required applications had been completed by the applicant. The American Legion has requested permission to conduct three bingo activities per week rather than the two that are specified in Section 5.19, Subd. 9 (3) of the ordinance code; however, the city council could grant this permission if it wished. A representative from the American Legion was present in support of their license renewal. Motion by Bunce, seconded by Collins to approve this application for a gambling license and to allow the applicant to conduct three sessions of bingo per week. A11 ayes - Carried. 18. Setting Date of Hearing for Board of Review Karl Nollenberger, City Manager, recommended the date for the 1980 Board of Review meeting be set for May 19, 1980, at.7:00 p.m. Motion by Luettinger, seconded by Ludeman to set the Board of Review meeting for May 19, 1980. All ayes - Carried. Absent - Collins. 19. Report on Emergency Ambulance Service Tom Morgan, Public•Safety Director, presented an update on the status of emergency ambulance service. He indicated that for the past two years the Emergency Service Council has been realigning ambulance service areas and recently Hennepin County has proposed to extend their first response ambulance capabilities to include several municipalities, which includes Richfield. Mr. Morgan stated he felt that the city council's previous positions requesting this consideration was a large factor in the Emergency Medical Service Council's decision in this matter, and that if the council wished to again take a position supporting the Council Meeting Minutes -10- March 10, 1980 county plan, it could do so at this meeting. Motion by Luettinger, seconded by Collins to reaffirm the city council's position of approving the proposed expansion of Hennepin County's ambulance service to include the city of Richfield. All ayes - Carried. 20. Payments and Estimates Motion by Luettinger,-seconded by Collins that the following payment and estimate be approved: Estimate No. 4, Kloster Madsen, Inc. - Lyndale Liquor Store Improvements, CP 737 - 97% complete - $10,795.97 A11 ayes - Carried. 21. Claims and Pa ry o11s Motion by Luettinger, seconded by Collins that the following claims and payrolls be approved: RICHFIELD BANK & TRUST Checks 1001/45328 General Checks 56676/56934 Payroll 1 $102,023.01 158,533.61 SUMMIT STATE BANK Checks 63456/63469 527,440.53 A11 ayes - Carried. 22. Licenses The Public Safety Director asked the city council to defer consideration of the business license application of Public Taxi Service, Inc. as they have not completed their investigation. Motion by Luettinger, seconded by Collins. to defer consideration of th is license application. All ayes - Carried. Council Meeting.Minutes -11- March 10, 1980 Marv Menzel, Homestead Pickin'Parlor, requested the city council to extend the hours on the newly enacted ordinance relating to musical concerts to 8:00 p.m. to 12:00 midnight for a concert he is planning for March 29, 1980. Motion by Bunce, seconded by Collins to approve the hours from 8:00 p.m. to 12:00 midnight for March 29, 1980 only. All ayes - Carried. Motion by Collins that the following regular licenses be approved: Regular New Donald L. Morrow Co., 6445 Cedar Avenue New Homestead Pickin Parlor, 6625 Penn Avenue Renewal Sibley Co., 36 W. 66th Street Renewal Hobbycraft, 6238 Lyndale Avenue Renewal Nicollet Chapter AA, 6301 Penn Avenue (fee waived) New Glamour Beauty, 2323 W. 66th Street Renewal Stadium 66, 1120 78th Street New Country Kitchen, 3020 W. 66th Street 1 A11 ayes - Carried. Taxicab Drivers Used Motor Vehicles Musical Concerts Soft Drink Soft Drink Food Vending Machines Vending Machines Food, Soft drink, cigaret Motion by Luettinger, seconded liy Bunce that the following taxicab driver licenses be approved: Taxicab Drivers New Robert James, 8811 Wentworth Avenue New Richard Gi11, 9975 Lyndale Avenue New Danny Rademacher, 2310 Nicollet Avenue New Michael Scott, 3528 13th Avenue New Phillip Payne, 4365 Channel Road New Douglas Lyons, 968. Jenke, St. Paul Renewal Steven Svenddal, 5700 Pleasant Avenue New Steven Walker, 10600 Brunswick New Richard Onslow, 6740 16th Avenue New Mark Dzik, 6837 Harriet Avenue New Earl Jeffries Ward, 1623 E. 28th Street New Paul Anderson, 6116 Normandale Highlands Drive New Edward Komorski, 5449 10th Avenue New Steven Turgeon, 1401 W. 102nd Street New Eric Sisley, 9220 Chicago Avenue New Donald Pederson, 30 S. 9th Street New Lawrence Terisner, 3900 36th Avenue New Brian Osborn, 14587 Garrett Avenue New Elmer Ward, 9000 15th Avenue Council Meeting Minutes -12- March 10, 1980 A11 ayes - Carried. 23. Adjournment Motion by Luettinger, seconded by Collins that the meeting adjourn. A11 ayes - Carried. Time: 10:10 p.m. Date Approved: March 24, 1980 v' Bergh Acting C Clerk ~~ ~~~ ~C~Q. i~~C~~,~. Karl Nollenberger City Manager