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06-09-1980CITY OF RICHFIELD Regular Meeting June 9, 1980 The City.C.ouncil of the City of Richfield met in regular session in the Council Chambers of the City Hall on Monday, June 9, 1980, at 7:00 p.m. Pastor Ralph Larson, of the House of Prayer Lutheran Church, gave the invocation. City Manager, Karl Nollenberger, led the assemblage in the Pledge of Allegiance. The meeting was called to order by Mayor Donald Priebe at 7:10 p.m. Present; Bunce, Collins, Ludeman, Luettinger, Priebe 1. Minutes Motion by Luettinger, seconded by Bunce that the minutes of the regular city council meeting of May 27, 1980 be approved as presented. A11 ayes - Carried. 2. Appearance by President of West Richfield Girls Softball Association Arnold Odefey, president of the West Richfield Girls Softball Association, presented a petition (C-9912) expressing support of the retention of Monroe Park as the home of West Richfield Girls Softball League to Mayor Priebe. Mayor Priebe reiterated his previous stand, that the neighbors will decide how the park will be developed in the future. Councilman Ludeman repeated his support to retain Monroe facilities for softball and said he felt more parks should not be planned if those we now have can not be maintained. 3. Transitory Ordinance Relating to Park Improvements for Monroe-Fairwood Park. First Reading. Karl Nollenberger, City Manager, reviewed previous discussion concerning the redevelopment of Monroe-Fairwood Park and the displacement of softball fields to other locations. He indicated that Monroe-Fairwood Park development is scheduled 1 in the Capital Improvement Program for 1981 and 1.982. In the normal course of events the city would be undergoing the intensive neighborhood development process in which Council Meeting Minutes -2- June 9, 1980 the affected neighborhoods are provided with all the potentials of development, and make decisions concerning the-park design. The City Manager recommended that the staff be authorized to begin the neighborhood park planning process, authorize consideration of a consultant, and approve a transitory ordinance for transfer of funds from the Special Revenue Fund for park development. The following individuals spoke regarding the proposed Monroe-Fairwood Park development: Stephen Meyer, 7128 Lyndale Ethel Naslund, 7114 Logan Orlean Johnson, 6727 Humboldt George Tellgren, 6937 Upton Jean Koenigg, 6809 Wentworth Curtis Dah1k, 7044 Morgan Mike Miller, b331 Humboldt Motion by Bunce, seconded by Collins to direct the city staff to begin the neighborhood park planning process for Monroe-Fairwood Park in 1980 and authorize consideration of a consultant for the park planning process. A11 ayes - Carried. Bill 1980-14, Transitory Ordinance No. 16.65, "An Ordinance Providing 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-9913) Motion by Bunce, seconded by Collins that this constitute a first reading of Bi11 1980-14; that it be published in the official newspaper and that second reading of this transitory ordinance be scheduled for July 14, 1980 Poll of votes: Ayes - Collins, Luettinger, Bunce, Ludeman, Priebe. Nays - None. ~ Carried. 4. Opportunity for Members pf the Audience to Appear Before the Cit Council -Don Cederholm, 6214 - 5th Avenue, addressed the section of the ordinance code relating to dog owners maintaining the behavior of pets. He asked if animal Council Meeting Minutes -3- June 9, 1980 owners can be held responsible for their pets' excrement deposited away from their homes . Carol Koch, 6245 Logan, stated she lives by a park and that the grounds are covered with animal litter. Motion by Ludeman, seconded by Luettinger to request the staff to review the animal ordinance and submit a report at a later council meeting. All ayes - Carried. 5. Application for on-sale Wine License, Miller's Fireside Pizza, 6736 Penn Avenue Karl Nollenberger, City Manager, presented the application of Miller's Fireside Pizza, 6736 Penn Avenue, for a wine license. He advised that the Public Safety Department investigation had found no irregularities or significant complaints involving the business; that all taxes are current, and that the applicant had provided the required certificates of insurance. The City Manager recommended that the application for an on-sale wine license be approved. Motion by Luettinger, seconded by Collins to close the hearing. All ayes - Carried. Motion by Collins, seconded by Bunce to grant the issuance of a wine license to Miller's Fireside Pizza. All ayes - Carried. 6~.. Request for a Variance to the Zoning Ordinance, 6826 Logan Avenue Karl Nollenberger, City Manager, reviewed the request of Byron Kasa for a variance to reduce the required sideyard 'setback from five feet to one foot to allow an existing structure to comply with the zoning ordinance on his residence at 6826 Logan. Mr. Kasa has attached a roof from his residence to extend over a concrete patio enclosed by a fence. Mr. Nollenberger stated that the staff had recommended denial of this variance request. The Planning Commission had recommended approval since the structure was a partially enclosed sunshade and a variance was not necessary. Council Meeting Minutes -4- June 9, 1980 Richard Blevins, 7539 Washburn, elaborated on the Planning Commission review of this request.. Joe Dobbins, 6816 Logan, a neighbor of the applicant, expressed his support of Mr. Kasa's application for a variance. Motion by Ludeman, seconded by Luettinger to close the hearing. All ayes - Carried. Motion by Ludeman, seconded by Luettinger to grant the variance with the stipulation that the structure be brought up to city code and to prohibit the enclosure of same or other additions in the future. A11 ayes - Carried 7. Request for Rezoning, Superamerica, 77th and Nicollet Avenue Karl Nollenberger, City Manager, advised that since the May 27, 1980, city council meeting when it was reported that the validity of the petition presented John Hokanson, 1240 W. 98th Street, Bloomington, appeared in behalf of by Superamerica had been questioned= no response has been received from them and it was recommended that the city council reject their petition for rezoning. Superamerica and presented evidence of the legitimacy of the petition. Jim Welter, 7620 Nicollet, cited a false address on the petition. John Gieske, 7644 - 1st Avenue, said he felt the petition misrepresented the amount of additional traffic and litter this enlarged business would generate. Motion by Bunce, seconded by Ludeman to close the hearing. A11 ayes - Carried. Motion by Ludeman to deny second reading of this rezoning request. Motion died for lack of a second. Motion by Bunce, seconded by Luettinger to direct the staff to verify the questioned signature, request the Planning Commission to consider the special use Council Meeting Minutes -5- ~ June 9, 1980 permit and variance if the signature appears valid to the staff, and request the city staff to poll residents to determine how they felt about the rezoning request. Poll of votes: Ayes - Collins, Luettinger, Bunce, Priebe. Nays - Ludeman. Carried. 8. Amendments to the Communit Development Block Grant Program Karl Nollenberger, City Manager, advised the city council that the April 28, 1980 public hearing had been continued to this date to allow the council time~to consider certain proposed amendments to the Community Development Block Grant Program. The amendments are different than the original amendments due to the ' federal funding freeze. These amendments, as listed in Council Letter No. 214, are as follows: 1. Create a new project in Year IV (8/1/78-7/31/79) to pay relocation benefits for people relocated as a result of the land acquisition project. 2. Transfer $8,475 from the Year IV land acquisition project to the Year IV relocation project. 3. Transfer $7,825 from the Year IV Adams Hill Park project. 4. Transfer $32,175 from the Year IV Adams Hill Park project to Year IV Housing Rehabilitation project. 5. Transfer $32,175 from the Year VI Housing Rehabilitation to the Adams Hi11 Park project. fi. Transfer $7,825 from the Year VI LHN Public Improvement project to the Adams Hi11 Park project. ' Motion by Ludeman, seconded by Collins to close the hearing. All ayes - Carried. Motion by Ludeman, seconded by Collins to approve the six amendments and authorize the staff to work with Hennepin County and HUD to insure that the remaining Year IV funds are not lost. A11 ayes - Carried. P Council Meeting Minutes -6- June 9, 1980 9. Ordinance Amendment Relating to Sale and Consumption of Beer in Certain City Parks. Second Reading. Karl Nollenberger, City Manager, presented an ordinance which would permit the sale of beer in Taft and Augsburg Parks on special occasions for charitable purposes for second reading consideration. George Tellgren, 6937 Upton, expressed his opposition to the use of alcohol in any of the city parks. Councilman Ludeman stated he wished to go on record as being opposed to beer in parks and that he does not approve of charitable organizations soliciting funds by the sale of beer. in parks. Motion by Collins, seconded by Bunce to close the hearing. All ayes - Carried. Bi11 1980-13, "Amendments to Chapter IV, Appendix D and Chapter X, Part III of the Ordinance Code of the City of Richfield", relating to the sale and consumption of beer in parks, was read and reviewed by City Attorney, Clayton LeFevere, the same being on file in the office of the city clerk. (C-9910) Motion by Bunce, seconded by Collins that this constitute a second reading of Bill 1980-13; 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, Priebe. Nays - Ludeman. Carried. 10. Discussion of Storm Drainage Problems in the Cit of Richfield As a result of numerous requests, the storm drainage problems and possible solutions was placed on the agenda as a discussion item. The City Manager reviewed the recommendations for alleviating the flooding made by consulting engineers , Orr-Shelen-Mayeron and Associates on September 22, 1978. Council Meeting Minutes -7- June 9, 1980 Several residents told of their problems with storm damage. Cyril St. Pierre, 7245 Bloomington, said water floods his property from Christian Park~and asked if it would be possible to increase the holding capacity at Christian Park. Richard Swenson, 7308 Stevens, said he did not experience any flood damage in 1950, but has had problems in the past twenty years. The City Manager indicated that pavement and development does increase the water run-off; that open lands absorb water and since Richfield is 99% developed, the run-off in the past twenty years has increased. Larry Lynd, 7308 - lst Avenue, thanked Mayor Priebe and Mr. Nollenberger for visiting his residence to observe the flooding. Lawrence Wozniczka, 6744 Wentworth, said he also had flooding and asked for information on flood proofing and flood insurance. Discussion ensued between the city council and city attorney. No action was taken but the general consensus was to request a review of storm drainage pro3ects in the 1981-86 Capital Improvement Program. 11. Ordinance Amendment Relating to Moving Buildings. First Reading. Karl Nollenberger, City Manager, reviewed an amendment to the section of the ordinance code relating to applications for permits for the moving of buildings. He said .that the city has required building movers to provide performance bonds and evidence of insurance. Legislation enacted in 1979 now provides that licensed building movers are to give such bonds and proof of insurance to the~State of Min- nesota instead of the individual municipalities, therefore, it is necessary to update our ordinance code. Bill 1980-15, "An Amendment to Chapter IV, Section 4.07 of the Richfield Ordinance Code Relating to the Moving of Buildings", was read and reviewed by City Attorney, Clayton LeFevere, the same being on file in the office of the city clerk. (C-9914) Council Meeting Minutes -8- June 9, 1980 Motion by Collins, seconded by Ludeman that this constitute a first reading of Bi11 1980-15; that it be published in the official newspaper and-that second reading of this ordinance amendment be scheduled for July 14, 1980. Po11 of votes: Ayes - Collins, Luettinger, Bunce, Ludeman, Priebe. Nays - None. Carried. 12. Authorization to Imulement Final Salary Adjustment for International Association of Firefigh-ters, Local 1215 Karl Nollenberger, City Manager, requested city council approval to implement a third, and final interim wage=adjustment under terms of the 1980 labor contract agreement with the International Association of Firefighters Local 1215. This labor contract provides that 1980 wages of Richfield firefighters would be based on 1980 wage rates of six comparable communities and that the pay rate for a firefighter would be established at the average wage rate of the second and third highest cities-among the six communities. The City Manager recommended that the city council adopt the appropriate resolution authorizing implementation of this wage adjustment and also authorize transfer of $11,220 from the contingency fund and the remaining $14,353 from the general fund balance to cover the total cost of the settlement of $25,573. Councilman Luettinger expressed concern about the level of the adjustment but felt it was necessary to fulfill the contract commitment. 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. .6247 RESOLUTION AUTHORIZING 7MPLENfl;NTATION OF A FINAL ADJUSTMENT TN THE 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. 6247 in Resolution Book No. 45. Council Meeting Minutes -9- June 9, 1980 13. Request for Joint Meeting Between Planning Commission and Richfield City Council Karl Nollenberger, City Manager, indicated that a joint meeting between the city council and the Planning Commission for the purpose of considering revisions to the residential section of the zoning ordinance was requested by the Planning Commission. Motion by Ludeman,. seconded by Collins to set the date for a joint meeting with the Planning Commission for July 8, 1980 at 7:30 p.m. All ayes - Carried. 14. Report on 4th of July Activities Councilman Bunce gave a brief background report on plans for a 4th of July celebration. 15. Request to Set a Public Hearing for the Issuance of Industrial Development Revenue Bonds for Corporate Travel Karl Nollenberger, City Manager, reviewed the proposal of Corporate Travel, Inc. (Erickson Enterprises) to build a six story office building at 1400 West 76th Street, for which the council approved a variance and offstreet parking permit at the May 12, 1980 city council meeting. The City Manager stated that the developer has requested the city to issue industrial development revenue bonds to finance the development and that a representative of Erickson Enterprises was present to address the council at this meeting. The resolution on the council agenda would set a public hearing for July 14, 1980. Mr. Steve Wirth, representing Corporate Travel and Erickson Enterprises, spoke on their behalf. He noted that the proposed resolution relating to this project had listed the proposed amount the Ericksons wished to borrow to finance this project as $5,000,000, however, they wished to change the amount to $7,500,000. Motion by Ludeman, seconded by Luettinger to set the date of public hearing Council Meeting Minutes -10- June 9, 1980 for July 14, 1980. 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. 6248 RESOLUTION RELATING TO A PROJECT UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT; CALLING FOR A PUBLIC HEARING THEREON Poll of votes: Ayes - Collins, Luettinger, Bunce, Ludeman, Priebe. Nays - None. Carried. This resolution appears as Resolution No. 6248 in Resolution Book No. 45. 16. Minutes, Tabulation of Bids and Award of Contract for Removal of a Structure from 7301 Xerxes Avenue to 6444 - 21st Avenue Karl Nollenberger, City Manager, reviewed bids received for removal of a city owned house at 7301 Xerxes. Removal of this structure is necessary to facilitate development of Adams Hi11 Park. Three options were bid and the City Manager recom- mended that the council approve Option 1, which was the bid of John Oksness who bid $1.00 for the purchase of the buildings, removal to 6444 - 21st Avenue and rehabilitation under the FHA Section 235 Program. This would give the city credit under-our housing program. 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. 6246 1 A RESOLUTION AUTHORIZING THE SALE OF STRUCTURES LOCATED AT 7301 XERXES AVENUE SOUTH AND THE RELOCATION OF THOSE STRUCTURES TO 6444 21ST AVENUE SOUTH Poll of votes: Ayes - Collins, Luettinger, Bunce, Ludeman, Priebe. Nays - None. Carried. This resolution appears as Resolution No. 6246 in Resolution Book No. 45. Council Meeting Minutes -11- ~ June 9, 1980 17. Request for Fee Waived Licenses, Nonintoxicating Malt Liquor and Itinerant Food Karl Nollenberger, City Manager, reviewed the application of the local firefighting organization for a fee waived license for the sale of nonintoxicating malt liquor and itinerant food sales for a three day period on July 4 to 6, at Taft Park. This temporary license has been requested for a fund raising softball tournament for the Muscular Dystrophy Association being planned as part of our community wide Fourth of July celebration. Mr. Nollenberger indicated the fire- fighters had additionally requested that the normal field rental fee for the use of the park be waived, however, since this rental fee is charged for the direct out-of-pocket expenses for part-time employees and field lighting, he recommended that this request be denied. Motion by Luettinger, seconded by Collins to approve the fee-waived license for the sale of nonintoxicating malt liquor and itinerant food, but deny the waiver of fee for park rental. All ayes - Carried. 18. Consent Calendar Motion by Bunce, seconded by Collins that the following items be approved: 1. Inclusion of Nicollet Avenue (CSAH 52) in the FAU System - C.L. 212 RESOLUTION N0. 6249 A RESOLUTION SUPPORTING THE APPLICATION OF INCLUSION OF CSAH 52 WITHIN THE CITY OF RICHFIELD TO THE F.A.U. SYSTEM 2. Minutes, Tabulation of Bids and Award of Contract for Public Safety Department Communication System - C.L. 204 - Award contract to Motorola Corporation in the amount of $102,944.50, authorize purchase of Hitachi remote controlled video recarder for $1,600; and expenditure up to $2,200 for related electronic equipment co complete installation of communication system. 3. Minutes, Tabulation of Bids and Award of Contract for Purchase of Public Safety Vehicles - C.L. 203 - Award purchase of two trucks to Bill Boyer Ford Trucks in the amount of $19,179.76, and purchase of fiberglas rescue body from Truck Utilities Manufacturing Company in the amount of $3,366. Council Meeting Minutes -12- - June 9, 1980 4. Request of Extension of Submission of Comprehensive Land Use Plan to the Metropolitan Council - C.L. 210 RESOLUTION N0. 6250 RESOLUTION REQUESTING A ONE YEAR EXTENSION OF REQUIRED SUBMITTAL DATE OF COMPREHENSIVE PLAN TO THE METROPOLITAN COUNCIL 5. Purchase in Excess of $1,000 - C.L. 205 A. 200 tons of cold patch mix from McNamara-Vivant Contracting Co., Inc.-at $.19/ton and estimated total of $3,800 B. Electrostatic camera plate maker from Itek Graphics Products in the amount of $7,795 6. Payments and Estimates A. E1 Mac Landscaping, CP 688 golf course seed, sod and plant materials - $11,674.34 B. Evergreen Lawn Sprinkler, Estimate ~k5, CP 688, golf course irrigation system, 93.4% complete - $3,667.39 C. Minnesota Valley Wholesale, Inc., CP 733, 75 trees - $6,056.25 D. E. H. Renner & Sons, repair well pump ~k3, first and final $9,300 - complete E. Bud Johnson Construction, CP 688, general construction golf course - complete - $16,692.60 F. Bentec Engineering Corp., CP 741, Estimate ~~3, pump house control modifications - $4,689 7. Claims and Payrolls SUMMIT STATE BANK Checks 63589/63607 RICHFIELD BANK & TRUST Checks 1184/46766 General Checks 58718/59014 Payroll $1,164,$92.93 $ 658,047.61 167,099.66 8. Licenses Renewal Yellow Taxi Co., 6405 Cedar Avenue Renewal Thunderbird Motel soft ball team New Request for street barricade-10th Avenue between 76th and 77th Streets, June 21 from 7 p.m. to midnight 6 cabs Food Street barricades 1 Council Meeting Minutes -13- June 9, 1980 Licenses Continued New Request for street barricade-Bryant Avenue between Oak Grove and 73rd, June 15, 4:30 p.m. to 8:00 p.m. Street barricades All ayes - Carried. 9. Resolution Authorizing Payment of the City of Richfield°s Share of Traffic Signal Construction at Portland Avenue and Highway 62 - C.L. 211 Councilman Ludeman indicated he felt that this was unnecessary. Motion~by Bunce, 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. 6245 RESOLUTION AUTHORIZING PAYMENT OF CITY'S SHARE OF COUNTY PROJECT N0. 7519 FOR CSAH 35 AND CSAH 62 L f' Poll of votes: Ayes - Bunce, Coolins, Priebe. Nays - Ludeman, Luettinger. Carried. This resolution appears as Resolution No. 6245 in Resolution Book No. 45. 19. Adjournment Motion by Bunce, seconded by Collins that the meeting adjourn. All ayes - Carried. Time: 11:10 p.m. Date Ap~3roved: June 23, 1980 -~ Sy ia~K. Bergh Acting Ci Clerk Karl Nollenberger City Manager