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09-22-1980CITY OF RICHFIELD Regular Meeting September 22, 1980 The City Council of the City of Richfield met in regular session in the Council Chambers of the City Ha11 on Monday, September 22, 1980, at 7:00 p.m. Rev. Clem Peterson of Richfield United Methodist Church gave the invocation. City Manager Karl Nollenberger led in the Pledge of Allegiance. The meeting was called to order by Mayor Donald Priebe at 7:00 p.m. Present: Bunce, Collins, Ludeman, Luettinger, Priebe 1. Minutes Motion by Ludeman, seconded by Luettinger that the minutes of the regular meeting of September 8, 1980, be amended on Page 1 to correctly list the church of Rev. Stephen Haschig as House of Prayer Lutheran Church, and to approve as amended; and to approve the minutes of the September 10, budget hearing. All ayes - Carried. The city council met jointly with the Housing and Redevelopment Authority to consider the first item on the agenda. HRA members present: Harms, Helmberger, Ludeman, Luettinger Absent: Freeman 2. Lake Shore Drive Cooperative Housing Project City Manager Karl Nollenberger reviewed the plans for a cooperative development to be built on Lake Shore Drive and the developments thus far in the project. Tony Vavalous, representing the Knutson Company, presented further plans of the development, which will be built with the Richfield United Methodist Church as the sponsor. The cooperative is being built in cooperation with HUD for residents sixty years of age and older with an $8,400 minimum annual income. The applications will be taken on a first come basis with a reservation payment of $200. City Council Meeting -2- September 22, 1980 Rev. Clem Peterson of United Methodist Church, enthusiastically endorsed sponsorship of the Lakeshore Cooperative. Mayor Priebe read a resolution-passed by the Richfield Ministerial Association expressing their support of the project. Mr. Don Cedarholm, 6215 5th Avenue, asked what the tax base would be on a cooperative. The city manager responded that each unit would be assessed as a single family home. The following persons appeared and asked questions regarding the project: •Don Lynch, 6617 Lakeshore Drive Joe Davis, 6639 Lakeshore Drive Pat Rickert, 6710 Garfield Mrs. H. L. Adams, 6314 Aldrich Dean Welburn, 6300 Dupont R. A. Gilbertson, 7537 Dupont Join Kenealey, 6400 Blaisdell Betty Carr, 6633 Lynwood Avenue Wayne Johnson, 6727 12th Avenue Lawrence Wozniczka, 6744 Wentworth, asked for a projection of the financial feasibility for this particular project. The city manager advised that Mr. Wozniczka would be provided with this information when it is available. Motion by Luettinger, seconded by Ludeman that the city council authorize Cooperative Living Centers to proceed with the second phase of their marketing program and to refer the rezoning, street and alley vacations and the disposition of city owned property to the Planning Commission for review with a response in time for the city council November 10th meeting. All ayes - Carried. Motion .by Helmberger, seconded by Ludeman that the HRA authorize Cooperative Living Centers to proceed with the second phase of their marketing program. All ayes - Carried. Absent - Freeman. The joint HRA/City Council portion of the meeting adjourned and the city council recessed at 8:30 p.m. City Council Meeting -3- September 22, 1980 The council reconvened at 8:45 p.m. 3. Opportunity for Members of the Audience to Address the City Council Richard Blevins, 7539 Washburn, spoke regarding cable TV and expressed his support of Minnesota Cablevision. 4. Hearing on Special Assessments for City Project 705 City Manager Karl Nollenberger opened the public hearing on special assess- ments for City Project 705. He reviewed the three phases of the project as outlined in Council Letter No. 350, as listed below: Phase I (CP 7050) - First Avenue from 65th Street, Nicollet Avenue from 64th Street to just north of 67th Street, 66th Street from First Avenue to Grand Avenue, and 65th Street from Rae Drive to First Avenue. This phase was completed in 1979. Phase II (CP 7052) - Lyndale Avenue from 64th Street to Lake Shore Drive, 66th Street from Grand Avenue through the Lyndale Avenue. intersection. The Lyndale Avenue part of the Phase II is often referred to as the FAU Projeet or Federal Aid Urban Project. This project will be bid in 1980 and completed in 1981. Phase III (CP 7053) - 66th Street from just west of Lyndale Avenue to Interstate 35W and a small portion of Lake Shore Drive just south of 66th Street, This project will be bid and constructed in 1981. City Attorney Clayton LeFevere outlined the appeal process that affected property owners could avail themselves of if they wished to appeal the assess- went. A property owner can file a written objection with the city clerk prior to the hearing, or appear at this hearing. The council could then set a specific time to hear from appraisers and other testimony on the assessment appeals. The city council was advised that several objections to the proposed assessment had been received and the city manager recommended that a special hearing be set to review these objections. Motion by Bunce, seconded by Luettinger to set a special hearing for October 6, 1980 at 7:00 p.m. to review the appeals of those property owners City Council Meeting -4- September 22, 1980 that have presented objections to the proposed assessment. A11 ayes - Carried. Michael Eastling, City Engineer, gave a presentation with visual aids reviewing the historical perspective of the project from the early 1960's to the present time. Harriet Adams, representing the estate of Charles Adams, expressed her desire to have-the city assessor present at the October 6 hearing. She submitted a letter of objection regarding the assessment to her property. Protests to•the proposed assessments were filed against the following properties: OWNER ADDRESS PROPERTY ID I ASSESSMENT G ~ E. Strom - Hub Stat.~ Drapery shop 6532-34-38 Lyndale 27-23-0004 $ 14,015 G ~ E. Strom - Wendy's 6500 Lyndale 27-23-0069 12,508 G ~ E. Strom - Suzukki Motorcycle Shop 6520 Lyndale 27-23-0070 19,368 Godfather Restaurant 708 West 66th St. 27-23-0083 40,277.95 Post Office 825 West 65th St. 28-14-0011 14,761.b6 R. C. Nelson - Double Bungalow 6400-02 Nicollet ~ 27-24-0039 5.145.50 United National --Hub Parking (North Lot) West 65th Street 27-24-0050 32,590.95 United National - Hub Shopping Center 66th s Picollet 27-24-0051 251,193.33 Wayne D. Johnson - Apartment Bldg. 212 West 65th St. 27-23-0005 6,245.85 Wayne D. Johnson - Apartment Bldg. 200 West 65th St. 27-23-0004 7,269.66 Ambrose Zellar - Apartment Bldg, 400 West 65th St. 27-23-0009 8,263.87 Robert Blumberg - Apartment Bldg. 3.00 West 65th St. 27-23-0007 7,922.30 Henrik Mailer - Apartment Bldg. 312 West 65th St. 27-23-0008 7,922.30 Harriet Adams (Estate of C.B. Adams) 1. Vacant Land, Backs to Lake Behind 6340 Aldrich Ave. 28-11-0004 6,260.39 2. 2 Residences on 1 Lot _ 6329 ~ 6335 Aldrich 28-11-0005 7,208.08 3. Vacant Land Approx. 6340 Aldrich Ave. 28-i1-0013 13,267.97 Excelsior Center, Inc. 1. Retail Stores,etc. 6501-03-07-11 Nicollet 27-13-0059 16,196. 2. Pier I Imports - Richfield Center 6515 Nicollet Ave. 27-13-0060 ~ 12,262. 3. Vacant Land 6515 Nicollet Ave. 27-13-0061 8. 4. Shops ~ Offices 6521 thru 6528 Nicollet 27-13-0064 10,122. 5. Additi on To Warners Hardware 6533 Nicollet Ave. 27-13-0065 7,580.91 City Council Meeting. -5- September 22, 1980 Motion by Bunce, seconded by Luettinger to close the hearing. All ayes - Carried. Motion by Luettinger, seconded by Collins to amend the resolution adapting the assessment on City Project 705 as follows: "5. The proposed total assessment in the amount of $1,900,142.32 is hereby affirmed, adopted and confirmed, except for parcels for which written objection have been filed, and the sums fixed and named in said proposed assessment are affirmed, adopted and confirmed, except for parcels for which written objection have been filed, as the proper special assessment for each of said lots, pieces, or parcels of land respective lots, pieces, or parcels of land therein described. "6. Said assessment is hereby affirmed, adopted, confirmed, exce t for parcels for which written objection have been filed, and shall be certified by the city clerk and filed in the office of the city clerk, and shall thereupon be and constitute the special assessment for said City Project No. 705, L/H/N Public Improvement Project." • Motion by Bunce, 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. 6315 RESOLUTION ADOPTING ASSESSMENT ON CITY PROJECT N0. 705 Po11 of votes: Ayes - Bunce, Collins, Ludeman, Luettinger, Priebe. Nays - None. Carried. This resolution appears as Resolution No. 6315 in Resolution Book No. 45. 5. Ordinance Amendment Relating to Traffic Control Devices. First Reading. City Manager Karl Nollenberger presented an ordinance rela-ting to traffic control devices for city council review. This ordinance amendment, drafted at the request of the city council, authorizes the city manager to order place- ment of official traffic control devices which are in conformance with-the Uniform Traffic Manual. Bi11 1980-22, "An Amendment to Chapter IX, Section 9.01 of the Ordinance Code of the City of Richfield" relating to regulating motor vehicle traffic City Council Meeting -6- September 22, 1980 was read and reviewed by City Attorney Clayton LeFevere, the same being on file in the office of the city clerk. Motion by Luettinger, seconded by Bunce that this constitute a first reading of Bi11 1980-22; that it be published in the official newspaper and that second reading of this ordinance amendment be scheduled for October 13, 1980. Poll of votes: Ayes - Bunce, Collins, Luettinger, Priebe. Nays - Ludeman. Carried. 6. Proposed Alley Improvement Project City Manager Karl Nollenberger reviewed alley improvement programs over the past years and proposals for future alley maintenance. George Tellgren, 6937 Upton, asked what criteria the council will use to reach a decision on alley dedication. Motion by Ludeman, seconded by Luettinger to set up a series of neighborhood meetings to determine what each area wants in the way of alley dedication. All ayes - Carried. 7. Proposed Street Lighting Policy City Manager Karl Nollenberger reviewed the city street lighting policy, which the city installed on all residential streets during the mid-1970's in conjunction with the permanent street improvement program. He listed the five streets which were not included in the lighting program at that time and which are being considered for upgrading at this time: Penn Avenue, Nicollet Avenue, Portland Avenue, and 76th and 66th Streets. NSP would be contacted to install the midblock lights along 76th Street at no capital cost. The cost of lights installed on Portland, Penn and Nicollet would be $178,239. Motion by Bunce, seconded by Ludeman to authorize the city manager to contact NSP regarding installation of midblock lights along 76th Street, as outlined in Council Letter No. 348. A11 ayes - Carried. City Council Meeting -7- September 22, 1980 Motion by Ludeman, seconded by Collins to pursue the lighting project along Penn, Nicollet and Portland Avenues, as outlined in Council Letter No. 348 and request that a resolution detailing the policy be presented for city council adoption at the October 13, 1980 city council meeting. All ayes - Carried. 8. Application for Nonintoxicating Malt Liquor License - Sandy's Tavern, 6612 Penn Tom Morgan, Public Safety Director, presented the application of Ms. Debra Bigalk for a nonintoxicating malt liquor license. Ms. Bigalk has recently pur- chased Sandy's Tavern at 6612 Penn Avenue and the license that was issued to the former owners can not be transferred. The public safety director advised that the applicant was experienced in operating this type of business and he recommended that the license be granted. Motion by Luettinger, seconded by Collins to approve the granting of a nonintoxicating malt liquor license to Sazxly's Tavern. A11 ayes - Carried. 9. Animal Control Report and Recommendation -City Manager Karl No1l.enberger reviewed the recommendations for animal control which had been compiled at the request of the city council on June 9, 1980. Don Cederholm, 6214 5th Avenue, said he wished to have the ordinance address the owners' responsibility regarding cleaning up after their dogs. George Gelecinsky, 3001 W. 76th Street, asked about the animal control ordinance presently in effect. Motion by Bunce, seconded by Luettinger to request the city attorney to draft the appropriate ordinances to be placed on the October 13, 1980 city c ouncil agenda. All a}~es - Carried. 10. Recommendation Regarding Disposition of City Owned Property, the Crosstown Lots" City Council Meeting _g_ September 22,.1980 City Manager Karl NollenbeYger advised the city council that the city owned property adjacent to the Crosstown Highway at three locations; 6204 Morgan, 6209 12th Avenue and 6204 Vincent Avenue. He indicated that the adjacent property owners at 6209 Morgan and 6204 12th Avenues had bid to purchase these lots-and he recommended the city council refer the sale of the lots to the Planning Commission. Motion by Ludeman, seconded by Lu~ttinger that the sale of these lots be referred to the Planning Commission for a finding as to conformance of the proposed property disposition with the comprehensive plan, and to direct the staff to continue seeking a buyer for the property at 6204 Vincent Avenue. A11 ayes - Carried. 11. Request for Parkin Restrictions, 76th Street from Xerxes Avenue to Sheridan Avenue _ City Manager Karl Nollenberger advised the city council that the Traffic Control Committee recommended erecting "No Parking Except Sunday" signs on 76th Street between Sheridan and Xerxes Avenues. George Gelecinsky, 3001 W. 76th Street, said there was not a traffic problem and asked that no additional "No Parking" signs be installed. Mr. and Mrs. William Legault, 3009 W. 76th Street, spoke about parking problems. Richard Blevins, 7539 Washburn, talked about speeding on 76th Street. Public Safety Director Tom Morgan cited specific traffic violation statistics. 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; n i City Council Meeting -9- September 22, 1980 RESOLUTION N0. 6317 RESOLUTION RELATING TO TRAFFIC CONTROL SIGNS "NO PARKING EXCEPT SUNDAYS" ON 76TH STREET BETWEEN XERXES AND SHERIDAN Po11 of votes: Ayes - Collins, Ludeman, Luettinger, Priebe. Nays - Bunce. Carried. This resolution appears as Resolution No. 6317 in Resolution Book No. 45. 12. Proposed Sidewalk Policy Motion by Luettinger, seconded by Collins to defer consideration of this item to the October 13, meeting. All ayes - Carried. 13. Appointment of Housing and Redevelopment Authority Commissioner Mayor Priebe advised that Michael Freeman's present term of office in the HRA would expire in October, 1980, and he submitted Mr. Freeman's name for ratification to serve a full five-year term expiring in October, 1985. Motion by Ludeman, seconded by Bunce to appoint Michael Freeman to serve as a commissioner on the HRA for a five year term, expiring October, 1985. A11 ayes - Carried. 14. Appointments to the Hennepin County Planning Area Citizens Advisory Committee (PACAC) City Manager Karl Nollenberger asked the city council to consider appointing a person to represent Richfield on the Hennepin County Planning Area Citizens Advisory Committee (PACAC). Motion by Luettinger, seconded by Collins to appoint Richard Krier to serve as Richfield's representative on the (PACAC). All ayes - Carried. 15. Police and Fire Relief Association Benefit Changes City Manager Karl Nollenberger presented a resolution for city council approval relating to the modifications in the retirement plans of the Richfield Police Relief City Council Meeting -10- September 22, 1980 Association and the Richfield Firemen's Relief Association. 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. 6318 A RESOLUTION RELATING TO POLICE AND FIRE PERSONNEL: IMPLEMENTING THE PROVISIONS OF MINNESOTA LAWS 1980, CHAPTER 607, ARTICLE XV, SECTION 7 Poll of votes: Ayes - Bunce, Collins, Ludeman, Luettinger, Priebe. Nays - None. Carried. This resolution appears as Resolution No. 6318 in Resolution Book No. 45. 16. Disposition of Property at 6445 21st Avenue and 6500 Standish Avenue and the Relocation of a Structure to 6500 Standish Avenue City Manager Karl Nollenberger advised the city council that the HRA is proposing to relocate the house at 6445 21st Avenue to the vacant lot at 6500 Standish Avenue. This is being done in cooperation with the Suburban Hennepin County Area Vocational Technical Schools (VO-TECH). Since both the house and lot are owned by the city, the city manager recommended that the city council transfer ownership of this property to the HRA and the HRA can then implement the project. Motion by Ludeman, 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. 6319 A RESOLUTION AUTHORIZING THE DISPOSITION OF PROPERTY AT 6445 21ST AVENUE SOUTH AND THE RELOCATION OF A STRUCTURE TO 6500 STANDISH AVENUE SOUTH Poll of votes: Ayes - Bunce, Collins, Ludeman, Luettinger, Priebe. Nays - None. C rried. This resolution appears as Resolution No. 6319 in Resolution Book No. 45. JOity Council Meeting -11- September 22, 1980 17. Extra Item - Committee on Vandalism Motion by Luettinger, seconded by Ludeman to have a neighborhood meeting to discuss vandalism in the New Fordtown Park area. All ayes - Carried. 18. Consent Calendar A.-1 Release of Off-Street Parking Bonds for Wendy's Restaurant, 6500 Lyndale - CL 334 Motion by Luettinger, seconded by Bunce to defer this item to the October 13, council meeting. All ayes - Carried. Motion by Luettinger, seconded by Collins that the following items be approved: A.-2 Release of Off-Street Parking Bond for Kenny's Market-Dairy Store, 6708 - 6722 Penn Avenue - CL 334 RESOLUTION N0. 6314 RESOLUTION RELATING TO RELEASE OF BOND ON OFF-STREET PARKING Kenneth -Youngb-erg 6700 Penn Avenue Location: 6708-6722 Penn Avenue Use: Dairy Store B. Proposed Industrial Revenue Bond Issue, Canteen Company of Minnesota - CL 347 RESOLUTION N0. 6320 A RESOLUTION AUTHORIZING A PUBLIC HEARING IN CONNECTION WITH THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS OF THE CITY OF RICHFIELD, HENNEPIN COUNTY, MINNESOTA, TO FINANCE A PROJECT TO BE UNDERTAKEN BY SIX FOLD REAL ESTATE COMPANY C. Authorization to Purchase Lamps and Fixtures for Low Pressure Sodium Lighting Project - CL 338 Purchase low pressure sodium lights from Norelco in the amount of $9,559. D. Authorization to Contract with State of Minnesota for Food, Beverage and Lodging Inspections - CL 337 Authorize the mayor and city manager to enter into a formal contract with the State of Minnesota to locally provide food, beverage and lodging health City Council Meeting -12- September 22, 1980 related inspection programs for the City of Richfield. E. Minutes, Tabulations and Contract, Golf Course Fertilizer - CL 352 Authorize mayor and city manager to execute a contract with 0. M. Scotts, Inc. for 124 units of greens fertilizer for a discount price of $2,400.33; for 478 units of fairway fertilizer for a discount price of $19,103.73 and for 138 units fertilizer plus dicot for a discount price of $5,004.42 at a total contract price for the three products of $17,508.48. F. Purchase in_Excess of $1,000 - Pathwa s Sheridan Park - CL 340 Approve quotation from Prior Lake Blacktop, Inc., at a unit price of $14.00 for the aggregate base, $180.00 for corrugated metal pipe and $.85 for bituminous for a total estimated price of $3,002. The work will qualify for a state grant of $1,200.80. G. Extension of"No Parking" signs, 77th Street and Stevens Avenue - CL 345 RESOLUTION N0. 6321 RESOLUTION RELATING TO TRAFFIC CONTROL SIGNS "NO PARKING" SIGNS EXTENDED TO ALLEY ON 77TH STREET AND STEVENS AVENUE H. Payments and Estimates 1. E1 Mac Landscaping, CP 688, 92.4% complete, Estimate ~~6, sod and plants - golf course $2,833.79 2. Sebesta Construction, CP 749, 35% complete, Estimate ~~1, site construction, Adams Hill $91,785.99 I. Street Barricades William Angell, Washburn Avenue between 71 1/2 and 72nd Street, October 4, 1980, 2:00 p.m. - 10:00 p.m. Cathy Frank, 7414 Vincent Avenue - Vincent Avenue between 74th and 75th Streets - October 4, 1980, 2:00 p.m. - 10:00 p.m. J. Si ns Berea Lutheran Church, Church Sign City Council Meeting -13- September 22, 1980 K. Claims and Payrolls RICHFIELD BANK & TRUST Checks 61452/61802 Payroll Checks 1465/48564 General SUMMIT STATE BANK Checks 55223/55246 A11 ayes - Carried. $ 172,966.02 552, 820:99. $1,407,918.90 19. Extra Ttem - Adolescent Victim Counseling Program City Manager Karl Nollenberger recommended the city council agree to act as sponsoring government unit in this program conducted by the Storefront/Youth Action, Inc. Motion by Luettinger, seconded by Bunce that the following resolution be 1 adopted; that it be spread in the resolution book and that it be made a part of these minutes: RESOLUTION N0. 6316 RESOLUTION OF GRANT SPONSORSHIP (STOREFRONT/YOUTH ACTION, INC.) Poll of votes: Ayes - Bunce, Collins, Ludeman, Luettinger, Priebe. Nays - None. Carried. This resolution appears as Resolution No. 6316 in Resolution Book No. 45. 20. Extra Item - Raffle for West Middle School Motion by Bunce, seconded by Ludeman to authorize a fee waived license, bond waiver and authorization to sell raffle tickets in a residential area to West Middle School for a raffle they wish to conduct in connection with their pancake breakfast. A11 ayes - Carried. 21. Ad'ournment Motion by Ludeman, seconded by Luettinger that the meeting adjourn. All ayes -Carried. Time: 11:41 p.m. City Council Meeting -~'.4- Date Approved: October 13, 1980 Sy a K. Bergh Acting Cit -Clerk t September 22, 1980 1 T'CCt/(JC ' V Karl Nollenberger City Manager