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04-28-1980CITY OF RICHFIELD ' Regular Meeting April 28, 1980 The City Council of the City of Richfield met in regular session in the Council Chambers of the.City Hall on Monday, April 28, 1980, at 7:00 p.m. Father Don Dummer, of Assumption Church, gave the invocation. The audience was led in the Pledge of Allegiance by Cub Scout Pack No. 437 under the leadership of Cub Master, John Galles. The meeting was called to order by Mayor Donald J. Priebe. Present: Bunce,~Collins, Ludeman, Luettinger, Priebe 1. Minutes Motion by Ludeman, seconded by Collins that the minutes of the regular council meeting of April 14, and the special joint city council/HRA meeting of April 21, 1980, be approved as submitted. All ayes - Carried. 2. Presentation of Senior Center Week Proclamation Mayor Priebe read a proclamation proclaiming the week of May 11 - 17, 1980, as Senior Center Week, in recognition of .the month of May being proclaimed Older Americans Month on a nationwide basis.. Ms. Inger Palm, 7427 Chicago Avenue, received the proclamation on behalf of the Sen3,or Citizens/Handicapped Commission. 3. Presentation of Handicap-Awareness Week Proclamation Mayor Priebe read a proclamation designating May 18 - 24, 1980, as Richfield. Handicap Awareness Week. Inger Palm accepted the proclamation on behalf of the Senior Citizens/Handicapped Commission. 4. Request for Raffle License (Not on 'Agenda) Gary Teng, 4923 - 42nd Avenue, .representing the Rolling Tigers CB Club, requested a fee waived license to conduct a raffle, the proceeds of which will be donated to a summer camp for asthmatic children. Tom Morgan, Public Safety Directory presented a background of this organization. Council Meeting Minutes -2- April 28, 1980 Motion by Bunce, seconded by Ludeman to grant a fee waived license to the Rolling Tigers CB Club to conduct a raffle. All ayes - Carried. 5. VFW Poppy Day (Not on Agenda) Roy Stein appeared and requested that May 16, 1980, be proclaimed VFW Poppy Day. Mayor Priebe presented a proclamation to that effect. Mr. Stein also presented a 10 speed bicycle to be used as a prize at the school patrol picnic. Tom Morgan, Public Safety Director, accepted the bicycle, with thanks, on behalf of the Public Safety Department. 6. Pigeon License Alan Dahl, 6505 Irving Avenue,"appeared in behalf of his application for a pigeon license. It was noted that a health inspection had-not been made of the premises. Motion by Luettinger, seconded by Bunce to approve this license, contingent upon a favorable report from the environmental health director. All ayes - Carried. 7. Amendments to Community Development Block Grant Program Karl Nollenberger, City Manager, advised the city council that several program amendments to the Community Development Block Grant program have become necessary because of scheduling problems with the LHN Public Improvement Project approved for funding in years.VI (8/1/80-7/31/81) and VII (8/1/81-7/31/82), The City Manager recommended the following program changes, as listed in Council Letter No. 154: 1. Create .a new project in Year V (8/1/79-7/31/80) to construct public improvements in the~LHN area. This project is the same as the project proposed in Year VI (8/1/80-7/31/81) and Year VII (8/1/81-7/31/82) 2. Transfer $80,000 from the $100,000 allocated to the Adams Hill project in Year IV to the LHIV project. ~i Council Meeting Minutes, -3- 3. Transfer $87,000 of the $250,000 allocated to the Adams Hi11 Park project in Year V to the LHN project. 4. Transfer $125,000 of the $125,000 allocated to the LHN project in Year VI to the Adams Hill Park project. 5.: Transfer $80,000 of the $80,000 allocated to the Community Center in Year VI to the LHN project. 6. Transfer $122,000 of $245,000 allocated to the LHN project in Year VII to the Community Center project. April 28, 1980 Don Fondrick, Community Services Director, noted that these amendments would not affect the amount of funds originally budgeted but only affect the staging of the improvements. Also, the City Manager indicated that, due to the uncertainty imposed on the Lyndale Project and the Adams Hill Project, he was recommending that action be delayed to a later date. Motion by Ludeman, seconded by Luettinger to continue this hearing to May 12, 1980. A11 ayes - Carried. 8. Request for Rezoning,. Special Use Permit, and Variances, 7645 Nicollet Avenue, Superamerica Stations, Inc. . Karl Nollenberger, City Manager, introduced the request for zoning district change, special use permit and variances for Superamerica Stations, Inc., at 7645 Nicollet Avenue. He called on Dennis Kraft, Community Development Director, to summarize the requests of the applicant. Mr. Kraft, presented Superamerica's request to demolish the existing building and construct a new service station store on this site. He indicated that both the staff and the planning commission had recommended denial of this rezoning request, inasmuch as this request was contrary to the city's comprehensive plan, which indicates. the site for low density single family use. Appearing in behalf of Superamerica. were John Hoganson, 1240 W. 98th Street, Bloomington, and Len Fellmeyer, regional manager, who presented a petition (C=9906) with 380 signatures in favor of a "neighborhood store" concept. ~. Council Meeting Minutes -4- April 28, 1980 Discussion and questions by the city council followed. Councilman .Luettinger-expressed his support of expansion and stated his constituents want a convenience store. Mary Ann and Jim Welter, 7620 Nicollet, appeared in opposition to the rezoning. Speaking in support of the rezoning were the following: Joy Vickerman, 7645 Blaisdell Mike Zetzman, 7701 Pillsbury, a former employee of Superamerica Bi11 Little, president of Chamber of Commerce Hasaan Om.ari, 7644 Nicollet Lawrence Wozniczka, 6744 Wentworth, encouraged the city council to allow the new store without changing the zoning ordinance. Olin Bray, 6645 Portland, also suggested allowing this project in a C-1 district without changing the ordinance. "The City Attorney defined the C-1 and C-2 zoning uses and indicated that this was not possible. Richard Blevins, 7539 Washburn, indicated he had voted against this rezoning in his capacity as a Planning Commission member because of the additional noise, litter and lights that would be created. Motion by Luettinger, seconded by Collins to close the hearing. All ayes - Carried. Bi11 1980-11, "An Amendment to Appendix C of the Ordinance Code of the City of Richfield, Minnesota", defining the boundaries of the various zoning districts of the city, was read and reviewed by City Attorney, Clayton LeFevere, the same being on file in the office of the city clerk. (C-9907) Motion by Luettinger, seconded by Collins that this constitute a first reading of Bill 1980-11; that it be published in the official newspaper and that second reading of this ordinance amendment be scheduled for May 26, 1980 Poll of votes: Ayes - Collins, Luettinger, Bunce, Ludeman, Priebe. Nays - Carried. 9. Request for Variance to. the Setback Requirements, Richfield State A~encv Karl Nollenberger, City Manager, introduced the request of Richfield State Council Meeting Minutes -5- April 28, 1980 Agency for a variance at 66th Street and Harriet Avenue. Dennis Kraft, Community Development Director, reviewed the proposal of Richfield State Agency for a variance to the side street sideyard setback to allow them to construct~a 12 foot by 24 foot structure to be used as a remote transaction facility for Richfield State Barik: 'I'bis structure would include an after-hour depository and a 24 hour automatic teller machine. Carl McBride, of Richfield State Agency, spoke in behalf of this request and indicated it would encourage after hours banking. David Sumnicht, 6620 Logan, an employee of the bank, presented photos of the proposed structure. Motion by Ludeman, seconded by Luettinger to close the hearing. A11 ayes - Carried. Motion by Ludeman, seconded by Collins to grant this variance. ' All ayes - Carried. 10. Discussion of Energy Committee Karl Nollenberger, City Manager, reviewed the background of the creation of an Energy Awareness Committee. He noted that, as a general rule, the city has appointed committees on an ad hoc basis and the.committee is disbanded when the task has been completed; and a commission is formed as an on-going advisory group with members- serving designated terms. Don Fondrick, Community Services Director, elaborated on the formation of the Energy Awareness Committee. Ms. Sharon Erding, a member of the'Committee, indicated that the membership felt the status of "committee" defined the purpose more appropriately than a' "commission" designation and that their emphasis would be on "awareness". Mayor Priebe remarked that the city should do more than is presently being done for energy conservation. - Council Meeting Minutes -6- April 28, 1980 Motion by Ludeman, seconded by Collins to establish an Energy Awareness Commission to aid in fostering the efficient use of energy. All ayes - Carried. 11. Ordinance Amendment Relatin to Format of Council Meeting Agendas Second Reading. Karl Nollenberger, City Manager, presented an ordinance amendment relating to order of business, agenda and rules of order of city council meetings for city. council second reading consideration. Bill 1980-9, "An Amendment to Sections 2.03, 2.05 and 2.07 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-9905) Motion by Collins, seconded by Bunce that this constitute a second reading of Bill 1980-9; 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. The City Manager also presented a resolution establishing the order of business, as provided for by the ordinance amendment for city council approval. The city council recommended two changes in the resolution; In Para. A - change "30 minutes" to "at least the first 15 minutes", and in Para B - change "five minutes" to "three minutes". 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. 6229 RESOLUTION REGARDING COUNCIL AGENDA FORMAT 1 Council Meeting Minutes -7- April 28, 1980 Poll of votes: Ayes - Collins, Luettinger, Bunce, Ludeman, Priebe. Nays - None. Carried. This resolution appears as Resolution No. 6229 in Resolution Book No. 44. Gertrude Ulrich, 7601 Aldrich, spoke in favor of strict time restrictions in the conduct of council meetings. 12. Ordinance Amendment Relating to Issuance of Certain City Licenses. First Reading. Karl Nollenberger, City Manager, presented a proposed ordinance amendment relating to the issuing of licenses. He indicated that this amendment had been developed as a result of the city council discussion regarding some inconsistencies in the city ordinance providing-licensing authority b y city staff in some cases and city council in other. Richard Blevins, 7539 Washburn Avenue, asked for clarification on the policy of waiver of license fees. The City Attorney responded that he would research this. Attached to the ordinance amendment was a list of the types of licenses and the present and proposed licensing authority. After review and discussion by the city council, Councilman Luettinger requested that the ordinance be revised so that the licensing authority for wagon peddler, public dances and pigeons remain within the province of the city council. In addition, he asked that motor vehicle sales be transferred from city manager to the city council. The City Attorney agreed to have these changes incorporated into the ordinance for second reading. Bi11 1980-12, "An Amendment to Chapters V, VI and X of the Ordinance Code of the City of Richfield", dealing with the regulation of certain amusement and recreation activities, was read and reviewed by City Attorney, Clayton LeFevere, the same being 'on file in the office of the city clerk. (C-9908} Motion by Bunce, seconded by Luettinger that this constitute a first reading of Bill 1980-12; that_it be published in the offical newspaper and that second reading of this. ordinance amendment be scheduled for May 26, 1980. Council Meeting Minutes -8- ~ April 28, 1980 Poll of votes: Ayes - Collins, Luettinger, Bunce, Ludeman, Priebe. Nays - None. Carried. 13. Purchases in Excess of $1,000 Karl Nollenberger, City Manager, presented the following purchases in excess of $1,000 for city council approval: ' Greens Soil Greens soil is a mixture of sandy loam, sand and peat that is required annually on the golf course green. A quotation has been received from Leitner, Inc. for 240 yards at $16.00 per yard, for a. total price of $3,840. Bleachers Bleachers are needed in the relocation of four girls' softball diamonds necessitated by the golf course project. A low quotation has been received from Haldeman-Homme, Inc. for eight sets of five ~c~w aluaainum bleachers in the amount _ f ,. of $5,612, delivered. Poles and Luminaires Two pole and luminaire assemblies_in the LHN project area are in need of replacement as a result of vehicle accidents. A quotation for two poles at $865 each and two luminaires at $383 each has-been received from Jerry Carnes Associates, for a total quotation of $2,496. Window Blinds The purchase of 1" mini-blinds by Levelor for the nine windows in the golf course clubhouse is needed. The low quotation covering Levelor blinds for nine windows in the amount of $1,046, plus installation cost of $130, and $1.50 freight per each item, for a total of $1,192.50, was received from Stewart Interiors. Capacitors ~ ' Power factor penalties imposed by Northern States Power Company because of peak Council Meeting Minutes -9- ~ April 28, 1980 energy demands by consumers. The well pumps on well No..l and No. 2 have power factor penalties now and it is projected that the power factor penalties for well No. 1 will be $338 and well No. 2 will be $154. To minimize these penalties, capacitors can be added to the pump circuits which will reduce the electrical flow in order to reduce peak hour demands, and the savings will amortize this expenditure in less than four years. The following addition is needed to the pump circuits to eliminate this penalty: Well No. 1 - capacitor of 26 KVAR $ 690.20 We11 No. 2 - capacitor of 11 KVAR 353.60 Total $1,043.80 The City Manager noted that an installation cost of $895 had been quoted by the manufacturer, however, he recommended that the capacitors be purchased and less costly installation methods can be researched. Public Improvements Surrounding Coach Homes Site Under terms of the developer`s agreement with Duraps, Inc. of Winnipeg, Canada, the city is responsible for construction of some public improvements surrounding the Coach Homes of Richfield site. The city's responsibility is to extend the utility lines from their existing location to the property line. The low quotation for this work has been received from Erickson Construction in the amount of $7,536. Motion by Luettinger, seconded by Collins to approve all these purchases in excess of $1,000. All ayes - Carried. 14. Approval of Agreement for Engineering Services for Lift Station No. 3 Karl Nollenberger, City Manager, reviewed the project the city has been under- taking annually in the renovation of the four sewer lift stations. The program calls for the renovation of Lift Station No. 3 in the vicinity of 77th Street and Knox Avenue, this year. He recommended that the-city council approve an agreement with Orr-Schelen-Mayeron and Associates, Inc. to perform professional engineering Council Meeting Minutes -10- April 28, 1980 services in connection with improvements to Lift Station No. 3. For these services the city would agree to pay a sum equal to 13% of the construction cost of the work for which the consultant has provided engineering services, not to exceed $6,200, whichever is less. Motion by Ludeman, seconded by Luettinger to approve an agreement with Orr- Schelen-Mayeron and Associates, Inc. for engineering services related to Lift Station No. 3, in an amount not to exceed $6,200. All ayes - Carried. 15. Signal Inter-Connect on Nicollet and Portland Avenues Karl Nollenberger, City Manager, presented two resolutions for city council approval. He advised that Hennepin County has requested that the city council adopt resolutions approving installation of traffic signs]. interconnect systems on Nicollet Avenue and Portland Avenue. The capital costs of this work will be paid for by Hennepin County, however, it is necessary that a resolution approving plans and specifications be adopted by the city council prior to calling for bids. Motion by Luettinger, 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. 6230 RESOLUTION APPROVING PLANS AND SPECIFICATION' HENNEPIN COUNTY PROJECT N0. 7687 FOR CSAH 52 (NICOLLET) FROM CSAH 62 TO 90TH STREET CITY-OF RICHFIELD, MINNESOTA Poll of votes: Ayes - Collins, Luettinger, Bunce, Ludeman, Priebe. Nays - None. Carried. This resolution appears as Resolution No. 6230 in Resolution Book No. 44. Motion by Luettinger, 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 1 these minutes: i J Council Meeting Minutes -11- April 28, 1980 RESOLUTION N0. 6231 RESOLUTION APPROVING PLANS AND SPECIFICATIONS _ HENNEPIN COUNTY PROJECT N0. 7686 FiOR CSAH 35 (PORTLAND) FROM CSAH 62 TO 90TH STREET CITY OF RICHFIELD, MINNESOTA Po11 of votes; Ayes - Collins, Luettinger, Bunce, Ludeman, Priebe. Nays - None. Carried. This resolution appears as Resolution No.6231 in Resolution Book No. 44. 16. Approval of Consultant for Public Safety Space Utilization Tom Morgan, Public Safety Director, presented the proposal from the firm of 1 Architectural Alliance to work on a space utilization study for the public safety facility improvement project. The space utilization study, in addition to covering an analysis of the city hall space presently used for public safety purposes, the Penn Avenue fire station and related parking requirements, will address the following issues as outlined in Council Letter No. 138: 1. An inventory of existing public safety facilities. 2. A study of present space utilization of existing facilties. 3. Development of space requirements for the present and future operations of the public safety department. 4. An analysis of space location considerations. 5. Space design recommendation with related descriptive graphics. 6. Project cost estimates. The proposal submitted by Architectural Alliance provides for a system of billing based upon actual consultant involvement in this process, with a maximum fee not to exceed $10,000. Mr. Morgan noted that Mr. Herbert Ketchum, 7212 Oak Grove Boulevard, is a member u of the Planning Commission, and also a principal in this firm and that he has' provided the proper Letter of Disclosure, as required by the City Charter which outlines his involvement in the firm and his anticipated involvement in this project. Council Meeting Minutes -12- Mr. Ketchum spoke regarding the proposed study. April 28, 1980 Mr. Carl Remick, also a member of the Architectural Alliance Firm, gave additional insight into the proposed study. Motion by Ludeman, seconded by Collins to authorize entering into a contract with Architectural Alliance to conduct this space utilization study of the public safety department area. All ayes - Carried. 17. Authorization to Advertise for Proposals, 7301 Xerxes Avenue Karl Nollenberger, City Manager, advised the city council that because of park development, the house the city owns at 7301 Xerxes Avenue must be removed during June, 1980. He recommended that the city council adopt the appropriate resolution authorizing the advertisement for proposals for the removal of this house. 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 milnutes: RESOLUTION~NO. 6232 A RESOLUTION AUTHORIZING ADVERTISEMENT FOR PROPOSALS FOR THE REMOVAL OR DEMOLITION OF THE HOUSE LOCATED AT 7301 XERXES AVENUE SOUTH Poll of votes: Ayes - Collins, Luettinger, Bunce, Ludeman, Priebe. Nays - None. Carried. This resolution appears as Resolution No. 6232 in Resolution Book No. 44. 18. Review of Bloomington Comprehensive Plan Karl Nollenberger, City'Manager, advised the city council that the staff and Planning Commission had reviewed-the Bloomington Comprehensive Plan. He noted that the review did not find any policies, goals or plans which conflict with Richfield 1 programs and plans and recommended that comments be forwarded to the City of Bloomingto indicating that Richfield supports continued development of Bloomington, but is also concerned that traffic levels through Richfield do not increase significantly:. Motion by Collins, seconded by Luettinger to approve the Bloomington Compre- Council Meeting Minutes -13- April 28, 1980 hensive Plan and authotize the staff to convey the city council's concern for the potential of increased traffic levels and the negative impact such development could cause residential areas. A11 ayes - Carried. 19. Discussion of Snowplowing Problems Motion by Ludeman, seconded by Luettinger to defer consideration of this item to May 12 , 1980. 20. Agreement with Swim Club for Use of City Outdoor Pool Don Fondrick, Community Services Director, recommended that the city council authorize an agreement with the Richfield Swim Club, as it has done in years past, providing for the closing of the municipal pool on July 12 and 13, 1980, to enable the club to host a competitive swimming meet. Motion by Luettinger, seconded by Collins to approve an agreement with the Richfield Swim Club for use of the municipal swimming pool facilities. A11 ayes - Carried. 21. Approval of Preliminary Grant Application Karl Nollenberger, City Manager,. advised the city council that the Office of Local and Urban Affairs is now accepting applications for park and outdoor recre- ation grants, fiscal year 1981,. and requested council authorization to preliminary grant applications for park redevelopment at Rich Acres Park and the Fairwood/ Monroe Park complex. ~ . Motion by Ludeman, seconded by Collins to authorize submission of preliminary park and outdoor recreation grant applications for redevelopment at Rich•Acres Park and Fairwood/Monroe Park.. All ayes - Carried. 22. Amendment to Fire Mutual Aid Agreement • Karl Nollenberger, City Manager, reviewed a proposed amendment to the Southwest Fire Mutual Aid association, an organization established under a Council Meeting Minutes -14- April 28, 1980 Joint Powers Agreement to provide for the exchange of firefighting resources to deal with emergency situations in any member community. He indicated that, under the terms of the present agreement, provision is only made for personnel exchange in emergency situations and at times personnel are shared in an investigative capacity. Therefore, the Southwest Fire Mutual Aid Association has determined it would be desirable to amend the Joint Powers Agreement to more specifically provide for sharing of personnel in fire investigative assistance. Motion by Luettinger, seconded by Ludeman to authorize the mayor and city manager to execute this amendment to the Joint Powers Agreement in the Fire Mutual Aid Organization. A11 ayes - Carried. 23. Amendments to Purchase of Service A reement with City of Richfield and the HRA Karl Nollenberger,-City Manager, presented the amended Purchase of Service Agreement between the HRA and the City of Richfield for~city council approval. He advised. that these changes had been made to reflect the current staff titles within the city organization, increase the rent paid by the HRA. to the city and eliminate the 15¢ mileage reimbursement to coincide with rates currently paid by the city. - Motion by Ludeman, seconded by Collins to approve these amendments to the Purchase of Service Agreement between the City of Richfield and the HRA. A11.ayes - Carried. - 24. Discussion of Police and Fire~Pension Legislation. Karl Noll~nberger, City Manager, apprised the city council on the new pension legislation included in the .Omnibus Tax Bill which was recently approved by the State Legislature. Council Meeting Minutes -15- April 28, 1980 25. Payments and Estimates Motion by Luettinger, seconded by Bunce that the following payments and estimates be approved: A. First and final payment, lift station ~k4, F. F. Jedlicki, Inc., CP 736, 100% complete - $73,375 B. First payment, lime sludge removal, Stanley Pond, 42% complete - $22,500 A11 ayes - Carried. 26. Licenses Motion by Ludeman, seconded.by Collins to deny the application for a taxicab driver's license of Anthony De11 McLennan, as recommended by the Public Safety Director. A11 ayes - Carried. " Motion by Collins, seconded by Bunce that the following licenses be approved: Regular Renewal James Nothom, 6429 - 22nd Avenue Pigeon license New Request for street barricade - Blaisdell Avenue between 75 and 74 streets, May 3 from 5:00 p.m. to midnight Block party Taxicab Drivers New Bruce Williams, 4917 W. 114th Street New Michael Kadlec, 3811 W. 31st Street New Robert Revord, 5207 Xerxes Avenue New Nancy Harris, 7240 3rd Avenue New Dennis Robinson, 1619 E. Lake Street Renewal Gerald Cowl, 6045 Lyndale Avenue Renewal Loren Monseth, 4308 - 1st Avenue New Douglas Brown, 3910 Randall Avenue Renewal Roark Johnson, 5024 Washburn Avenue A11 ayes - Carried. 2~. Claims .and Payrolls Motion by Ludeman, seconded by Bunce that the following claims and payrolls be .approved: ~ _ Council Meeting Minutes -16- April 28, 1980 SUMMIT STATE BANK Checks. 55064/55086 RICHFIELD BANK & TRUST Checks 1084/46155 General Checks 57607/57864 Payroll A11 ayes - Carried. $938,219.11 $561,941.18 159,494.12 28. Emergency Repair to Well House ~~ 3 and 5 (Not on Agenda) Karl Nollenberger, City Manager, advised that emergency repairs were required on the pump motor at well house ~~5 located in the parking lot island of the Ice Arena and Swimming Pool. Motion by Ludeman, seconded by Bunce to authorize these emergency repairs in the amount of $2,500. All ayes - Carried. The City Manager also indicated that well problems are being experienced at the golf course. 29. Adjournment Motion by Bunce, seconded by Luettinger that the meeting adjourn. A11 ayes - Carried. Time: 11:07 p.m. Date Approved: May 12, 1980 o a d J. Prieb Mayor S v a K. Bergh Acti City Clerk ~`~ ~ J ~ Karl Nollenberger City Manager