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10-13-1980CITY OF RICHFIELD Regular Meeting October 13, 1980 The city council of the City of Richfield met in regular session in the council chambers of the city hall on Monday, October 13, 1980 at 7:00 p.m. The Pledge of Allegiance was led by two visiting members of the Fred Babcock VFW Post. The meeting was called to order by Mayor Donald Priebe at 7:15 p.m. Present; Bunce, Collins, Ludeman, Luettinger, Priebe 1. Minutes Motion by Bunce, seconded by Collins that the minutes of the council meetings of September 22, September 23 and October 6, 1980 be approved as presented. All ayes - Carried. , 2. Presentation by the Fred Babcock VFW Post Representatives of the Fred Babcock VFW Post presented a new picture of Fred Babcock, a Richfield police office who was killed in the line of duty, to the Public Safety Department. Public Safety Director Tom Morgan accepted the picture on behalf of the Public Safety Department. 3. Presentation by Representatives of Project Charlie III Ms. Rosie Nielsen, a member of Project Charlie III, a chemical awareness program directed at providing information referral on chemical use and abuse to residents of Richfield, spoke on behalf of this organization and clarified the organization's education/awareness position. She asked the city council to reconsider their funding request of $3,160 for 1981. Motion by Ludeman, seconded by Luettinger to authorize an appropriation of $3,160 to the Project Charlie IIT for 1981, 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 Council Meeting Minutes -2- October 13, 1980 these minutes: RESOLUTION N0. 6328 RESOLUTION AUTHORIZING TRANSFER OF APPROPRIATION FROM THE 1981 CONTINGENCY ACCOUNT TO THE OTHER AGENCIES BUDGET Poll of votes: Ayes - Bunce, Collins, Ludeman, Luettinger, Priebe. Nays - None. Carried. This resolution appears as Resolution No. 6328 in Resolution Book No. 45. 4. Request for Variance, 710 East 78th Street City Manager Karl Nollenberger presented the request of Heritage Central Apartments, 710 East 78th Street, for a variance to reduce the required 55,,896 square feet of outdoor living space to 55,081 square feet, to allow the construction of a 33' by 25' garage. He indicated that the staff had recommended denial of this application, due to the three conditions required for variances, and the Planning Commission had recommended approval of this variance request. Ms. Nancy Erickson, property manager of the Heritage Central Apartments, spoke of their need for a workshop facility and storage space for their maintenance equipment. Baron Grafing, resident manager of the complex, reported on the type of construction that was proposed. Motion by Collins, seconded by Luettinger to close the hearing. A11 ayes - Carried. Motion by Bunce, seconded by Luettinger to approve the granting of this variance for the construction of the garage. All ayes - Carried. 5. Request for Special Use Permit Woodlake Lutheran Church, 7525 Oliver City Manager Karl Nollenberger presented the request of Woodlake Lutheran Church, 7525 Oliver Avenue, for a special use permit to allow operation of a day care and nursery school. Council Meeting Minutes -3- October 13, 1980 Mr. Herbert Ketcham, president of the congregation, spoke on behalf of the proposed day care center which will be located in three rooms of the church educational wing and will utilize the existing playground facilities. Motion by Ludeman, seconded by Collins to close the hearing. All ayes - Carried. Motion by Bunce, seconded by Luettinger to approve this special use permit request subject to the following stipulation as listed in Council Letter No. 357: That the proposed conform to all applicable codes and that proper licenses be obtained to ensure a safe and healthy environment. All ayes - Carried. 6. Ordinance Amendment Relating to Vacation of a Portion of Pillsbury Avenue. Second Reading. City Manager Karl Nollenberger advised the city council that United National Corporation had requested that the second reading of this ordinance be postponed until November 10, 1980. Motion by Luettinger, seconded by Bunce to continue the public hearing and reading of this ordinance amendment to November 10, 1980. All ayes - Carried. Absent - Ludeman. 7. Ordinance Amendment Relating to Vacation of a Portion of 65th Street. Second Reading. City Manager Karl Nollenberger recommended that the city council give second reading approval to the ordinance amendment which would vacate a portion of 65th Street between the Richfield Medical Group Building and Summit State Bank. Bill 1980-20, Transitory Ordinance No. 16.67, "An Ordinance Providing for the Vacation of a Public Street", was read and reviewed by Clayton LeFevere, City Attorney, the same being on file in the office of the city clerk. (C-9921) Motion by Luettinger, seconded by Collins that this constitute a second reading of Bill 1980-20; that it be published in the official newspaper and that it be made a part of these minutes. Council Meeting Minutes -4- October 13, 1980 Poll of votes: Ayes - Bunce, Collins, Ludeman, Luettinger, Priebe. Nays - None. . Carried. 8. Public Hearing, Industrial Revenue Bonds, Canteen Company City Manager Karl Nollenberger introduced the request of Six Fold Real Estate Company (Canteen Company of Minnesota) for the issuance of $275,000 in Industrial. d ~ Development Revenue Bonds to finance the construction of an additional 5,000 square feet of space to their existing facility at 6310 Penn Avenue. Community Development Director Dennis Kraft reviewed the suggested guidelines for issuing Industrial Revenue Bonds and answered council questions. City Attorney Clayton LeFevere provided the council with legal aspects of industrial development revenue bonding. Councilman Bunce expressed support for the small businessman and smaller issues of bonding. Motion by Bunce, seconded by Collins to close the hearing. All ayes - Carried. Attorney for The Canteen, Russ 5uddith, spoke in behalf of his client. Ron Langer, director of procurements for The Canteen, reviewed their plan for expansion. Motion by Bunce, seconded by Luettinger to find the intent of this project to be in the best interest of the community; 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. 6329 A RESOLUTION AUTHORIZING THE EXECUTION OF A PRELIMINARY AGREEMENT BY AND BETWEEN THE CITY OF RICHFIELD, HENNEPIN COUNTY, MINNESOTA, AND SIX FOLD REAL ESTATE COMPANY RELATING TO THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS Council Meeting Minutes -5- October 13, 1980 Poll of votes: Ayes - Bunce, Collins, Ludeman, Luettinger, Priebe. Nays - None. Carried. This resolution appears as Resolution No. 6329 in Resolution Book No. 45. Jan Bray, 6645 Portland,, asked the city attorney if industrial revenue bonds could ever come back on the city. He replied in the negative. The council discussed the suggested Guidelines for the Issuance of Industrial Revenue Bonds for the City of Richfield and requested a revision in Paragraph 4. Motion by Bunce, seconded by Ludeman to amend Paragraph 4 as follows: "The city will generally not consider the issuance of Industrial Revenue Bonds having an aggregate principal .amount of less than $300,000." ~~ All ayes - Carried. Motion by Ludeman, seconded by Collins to adopt the Guidelines for the Issuance of Industrial Revenue Bonds as amended. All ayes - Carried. 9. Request for Vacation of Utility and Drainage Easements, Bourbon and Basin First Addition, 1400 E. 7bth Street City Manager Karl Nollenberger reviewed the petition of Corporate Travel for vacation of a drainage and utility easement at 1400 West 76th Street. He indicated that vacation of this easement is necessary for their proposed development of this site in accordance with the plan approved by the city council. Mr. Charles Erickson, of Corporate Travel, appeared in support of their request. 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 NO. 6325 RESOLUTION AUTHORIZING THE VACATION OF A PUBLIC L`P.r1i~'~GE Ai~ll UTILITIES EASEL`ENT Poll of votes: Ayes - Bunce, Collins, Ludeman, Luettinger, Priebe. Nays - None. Council Meeting Minutes -6- October 13, 1980 Carried. This resolution appears as Resolution No. 6325 in Resolution Book No. 45. 10. Resolution Establishing a Special Assessment Area, Street Lighting City Manager Karl Nollenberger reviewed the proposed street lighting project along Penn, Nicollet and Portland Avenues in response to the council's request of September 22, 1980. To implement this lighting project, the city manager recommended that the council take the following actions, as outlined in Council Letter No. 362: _ 1. Order a preliminary engineering report; 2. Receive the preliminary report; 3. Order a public hearing on the project for March 9, 1871. , 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. 6323 RESOLUTION ORDERING PRELIMINARY REPORT ON PROPOSED CITY PROJECT 761 Poll of votes: Ayes - Bunce, Collins, Ludeman, Luettinger, Priebe. Nays - None. Carried. This resolution appears as Resolution No. 6323 in Resolution Book No. 45. 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. 6324 RESOLUTION RECEIVING PRELIMINARY REPORT AND CALLING PUBLIC HEARING ON PROPOSED CITY PROJECT 761 1 Po11 of votes: Ayes - Bunce, Collins, Ludeman, Luettinger, Priebe. Nays - None. . Carried. This resolution appears as Resolution No. 6324 in Resolution Book No. 45. 11. Resolution Setting Date of Public Hearing for Alle Improvements Council Meeting Minutes -7- October 13, 1980 City Manager Karl Nollenberger advised the city council that, in response to direction of the city council, the staff had scheduled a series of neighbor- hood meetings to describe the alley resurfacing pro-gram and also had drafted a resolution outlining an assessment policy for city council review. He recommended that the council take the following actions as outlined in Council-Letter No. 367: 1. Adopt the resolution ordering a preliminary report on alley improvements; 2. Adopt the resolution receiving the preliminary engineering report and scheduling a public hearing on alley improvements for November 24, 1980; 3. Confirm the dates and location for the neighborhood meetings; 4. Approve the text of the brochure to be sent to all neighbors prior to the neighborhood meetings. 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. 6326 RESOLUTION ORDERING-PRELIMINARY REPORT ON PROPOSED CITY PROJECT 762 Poll of votes: Ayes - Bunce, Collins, Ludeman, Luettinger, Priebe. Nays - None. Carried. This resolution appears as Resolution No. 6326 in Resolution Book No. 45. 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. 6327 RESOLUTION RECEIVING PRELIMINARY REPORT AND CALLING PUBLIC HEARING ON PROPOSED CITY PROJECT 762 Poll of votes: Ayes - Bunce, Collins, Ludeman, Luettinger, Priebe. Nays - None. Carried. This resolution appears as Resolution No. 6327 in Resolution Book No. 45. Motion by Ludeman, seconded by Bunce to arrange for neighborhood informational meetings to be held on November 5, 6, 12 and 13 at the Nature Center. All ayes - Carried. Council Meeting Minutes -8- October 13, 1980 -Olin Bray, 6645 Portland, cowmented that he perceived foreseeable problems in areas where an alley was residential on one side and commercial on the other side. 12. Proposed Sidewalk Policy The city council discussed the sidewalk system as it presently exists and. the goal of eventually providing a pedestrian system that will interface with the existing bikeway system. They requested resolutions be drawn up for the next council meeting. 13. Appointments.to the Human Rights Commission Motion by Bunce, seconded by Collins to appoint the following individuals to serve on the Human Rights Commission: Diane McKeown, 7104 Portland, for an unexpired three. year term, expiring May, 1981 Nancy A. Lindberg, 672b Columbus, for an unexpired three year term, expiring May, 1981 Sister Charlotte Ann LeClair, for an unexpired three year term, expiring May, 1982 All ayes - Carried. Gordon Anderson, 7501 Elliot Avenue, said he felt the city council should accelerate the nominating procedure regarding the Charter Commission and suggested the city manager write a letter. The city attorney suggested a phone call be made instead to expedite the procedure. 14. Approval of Firm to Conduct Audit of Fiscal Year 1979 City Manager Karl Nollenberger presented the proposed agreement from Olson & Clough for 1980 auditing services for city council review. The city council directed the city manager to request proposals from auditing firms in order to receive the most advantageous price and to receive the best services. 15. Consent Agenda Motion by Collins, seconded by Ludeman that the following items be approved: 1 I Council Meeting Minutes -9- October 13, 1980 A. Purchase in Excess of 1,000 - CL 361 Purchase of paper for quarterly brochure from Turnquist Paper in the amount of $1,611.36. Approximately one-half of this cost will be Paid by the s=~hool district. B. Release of Off-Street Parkin~Bond, Wendy's Restaurant - CL 355 RESOLUTION N0. 6322 RESOLUTION RELATING TO RELEASE OF BOND ON OFF STREET PARKING C & C Investments, Inc. 1301 Cambridge Street, Minneapolis Location: 6500 Lyndale Avenue Use: Wendy's Restaurant C. Licenses Broadcast vehicle, November 1, 1980 - Swanson Volunteer Committee (bus with music) Fee waived - beer license for DFL 37th District Dinner, October 24, 1980, Assumption Church D. Claims and Payrolls SUMMIT STATE BANK Checks 55247/55279 $1,081,477.32 RICHFIELD BANK & TRUST Checks 1501/48843 General 868,492.80 Checks 62125/62437 Payroll 169,383.80 E. Payments and Estimates 1. Sebesta Construction CP 749, .Estimate ~k2, site construction, 75% complete - $100,221.36 2. Barber Construction, CP 754,-first and final estimate, overlay city hall parking lots, 100% complete - $41,449.36 3. Hiway Services, Inc., Contract 2330, 100% complete, joint resealing Lyndale Avenue 74th to 78th Streets - $27,363.40 _ Council Meeting Minutes -10- October 13, 1980 4. Victor Carlson & Son, Public improvements, Heyman Addition, CP 705 - 98% complete - Estimate ~~6 - $38,609.12 5. Superior 77, Inc. - Interior remodeling Lyndale Avenue Liquor Store, 99% complete - Change order for extra sprinkler head plus~$900, change order for early finish bonus $500 per day (4 days) plus $2,000 - final estimate $41,401.47, total amount - $44,301.47 6. Closter Madsen, Inc., Phase I exterior remodeling Lyndale Avenue Liquor Store - estimate final 100% complete - $11,558.98 All ayes - Carried. 15. Extra Item The city council set the date for the first 1981/1986 Capital Improvement Budget hearing for October 30, 1980 at 7:00 p.m. 16. Adjournment Motion by Luettinger, seconded by Collins that the meeting adjourn. A11 ayes - Carried. Time; 10:15 p.m. Date Approved: October 27,, 1980 S is K. ergh Acting C' Clerk ,~ ~v~~ Karl Nollenber er City Manager