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12-22-1980CITY OF RICHFIELD Regular Meeting December 22, 1980 The City Council of the City of Richfield met in regular session in the council chambers of the city hall on Monday, December 22, 1980 at 7:00 p.m. The meeting was called to order by Mayor Donald Priebe at 7:05 p.m. Present: Bunce, Collins, Ludeman, Luettinger, Priebe Pastor Douglas Allen, of Emerson Avenue Congregational Church, gave the invocation. J Councilmember Howard Bunce led in the Pledge of Allegiance. 1. Recognition of Councilman Luettinger Mayor Priebe read a resolution of appreciation in recognition of Councilman Vern Luettinger's contribution to the city through his service on the city council from 1963 through 1980. Mr. Luettinger is retiring from the city council this year. Mayor Priebe presented Mr. Luettinger a commemorative plaque and Mr. Luettinger expressed his thanks for the opportunity to serve the community. 2. Minutes Motion by Luettinger, seconded by Ludeman that the minutes of the December 8, 1980 council meeting be approved as submitted. All ayes - Carried. 3. Opportunity for Members of the Audience to Address the City Council Richard Blevins, 7539 Washburn, publicly disavowed his connection with Minnesota Interactive Cable Association, (M.I.C.A.) and presented documents to substantiate his claim. M.I.C.A. has been active in cable television matters and was recently the subject of a couple of lawsuits. Gordon McKinnon, 7308 Upton, expressed concern for dangerous traffic in the Adams Hill park area. He said the new driveway for the parking is being used as a "drag-strip" or a short cut. Council Meeting Minutes _ -2- December 22, 1980 Rodd Johnson, 7508 Colfax, spoke about a two-ton truck he kept parked on his property. He had asked for a time extension on circulating a petition regarding parking this truck on residential property, but the vehicle-was towed after neighborhood complaints. Mr. Nollenberger advised him to deal with the city attorney on the matter since the court had jurisdiction at this time. 4. Ordinance Granting a Franchise to Operate. and Maintain a Cable Communication. System in-the City. Second Reading.. Mayor Priebe. opened the public hearing to give second reading consideration to the ordinance granting a franchise to operate and maintain a cable communication . system in the city. Attorney Tom Creighton reviewed the ordinance. City Attorney Clayton LeFevere provided additional legal insights and reviewed changes. in the ordinance that have been incorporated into the ordinance since the first reading. He said it would be appropriate for the city council to move adoption of the franchising ordinance and the amendments that have been added to the ordinance since first reading was given December 8, 1980, before opening the hearing to the public. Motion by Ludeman, seconded by Luettinger to move approval of the amendments to the cable television franchising ordinance as presented by the city attorney. All ayes - Carried. Bi11 1980-33, "An Ordinance, Including Addendum with Exhibits, Granting a Franchise to Minnesota Cablesystems-Southwest, A Minnesota Limited Partnership, to Operate and Maintain a Cable Communication System in the City; Setting Forth. Conditions Accompanying the Grant of Franchise; Providing for Regulation, and Use of the System; and Prescribing Penalties for the Violation of its Provisions", was read and reviewed by City Attorney Clayton LeFevere, the same being on file in the office of the city clerk. (C-9933) Council Meeting Minutes ,.~ F -3- ~ December 22, 180 City Manager Nollenberger reviewed the background of the franchise process '` up to this point and opened the discussion to the public. William R. Craig, representing Minnesota Cablesystems, praised the Southwest Cable Commission for their model process and technical ability. James Erickson, representing Northern Cablevision, reiterated the differences in his proposal and that of Minnesota Cablesystems and again suggested the council reconsider its decision. Gary Gandrud, representing Teleprompter Corp., spoke of legal issues, fairness issues and rate issues. Also representing Minnesota Cablesystems were Attorney Wayne Popham, Cameron 1 Mee, of Main, Hurdman, Cranston, CPA firm, and Bob Monteith, an associate of Minnesota Cablesystems, who elaborated on the operations and financial standings of Minnesota Cablesystems. Anita Benda, of Communications Projects, St. Paul, a cable communications consultant, also responded to council questions. City Attorney LeFevere clarified the rate structure of the cable system. The council recessed at 10:18 and reconvened at 10:30 p.m. Mayor Priebe then invited members of the audience to speak. -Lee Sveum, 6754 Portland, a member .of the Richfield Citizens Cable TV ~: Advisory Board, indicated he did not vote for Minnesota Cablevision. John Hamilton, 7220 Harriet, expressed his support for~the selection of Minnesota Cablevision by the S.W.C.C. Ralph Bruins, of Summit State Bank, and George Tellgren, 6937 Upton, expressed support of the Minnesota Cablesystem proposal. Every councilmember commented on the selection process. Motion by Collins, seconded by Bunce that this constitute a second reading Council Meeting Minutes -4- December 22, 1980 of Bill 1980-33, as amended; that it be published in the official newspaper and that ~it be made a part of these minutes. . Poll of votes: Ayes - Bunce, Collins,. Ludeman, Luettinger, Priebe. Nays - None. Carried. 5. Ordinance Amendment Relating to the Regulating and Prohibiting of Certain Parking. Second Reading. City Manager Nollenberger presented an ordinance amendment for city council second reading consideration, which would prohibit the parking of a motor vehicle in a front yard. Motion by Ludeman, seconded by Collins to close the hearing. All ayes - Carried. Bill 1980-32, "An Ordinance Amending Chapter IX, Section 9.03 of the Ordinance Code of the City of Richfield,. Minnesota", was read and reviewed by City Attorney LeFevere, the same being on file in the office of the city clerk. (C-9941) Motion by Ludeman, seconded by Collins that this constitute a second reading of Bill 1980-32; that it be published in the official newspaper and that it be made a part of these minutes. Po11 of votes: Ayes - Bunce, Collins, Ludeman, Luettinger, Priehe. Nays - None. Carried. 6. Ordinance and Resolution Relating to Water Utility Billing Procedures City Manager Nollenberger presented an ordinance revision and a resolution relating to procedures for the city's utility billing process for council con- sideration. The city will be producing the utility bills effective January 1, 1981, and during the time of conversion to our internal system, two irregularities were noted. The first one relates to the billing dates as set forth in the ordinance; the second change is the enactment of a resolution that would clarify the city's intent to include miscellaneous charges related to special services Council Meeting Minutes on the utility billing. -5- December 22, 180 Bill 1980-34, "An Ordinance Amendment Related to Sanitary Sewer Service Rates and Charges", was read and reviewed by City Attorney Clayton LeFevere, the same being on file in the office of the city clerk. (C-9943) Motion by Luettinger, seconded by Bunce that this constitute a first reading of Bill 1980-34; that it be published in the official newspaper and that second reading of this ordinance amendment°be scheduled for January 26, 1981. Poll of votes: Ayes - Bunce, Collins, Ludeman, Luettinger, Priebe. Nays - None. Carried. Motion by Luettinger, seconded by Bunce that the following resolution be adop ted; that it be spread in the resolution book and that it be made a part of these minutes• RESOLUTION N0. 6352 RESOLUTION RELATIlVG TO WATER AND SEWER RATES AND CHARGES Poll of votes: Ayes - Bunce, Collins, Ludeman, Luettinger, Priebe. Nays - None. Carried. This resolution appears as Resolution No. 6352 in Resolution Book No. 45. 7. Consideration of Proposed General Services and Management Personnel 1981 Compensation Plans and Policies City Manager Nollenberger reviewed the proposed compensation adjustments for 1981 covering General Services and Management employees who are not represented by organized bargaining groups. He explained the 1981 classification structure and indicated that the 1981 salary structure would be 9.9% higher than the 1980 pay structure. Mr. Nollenberger reviewed the Management pay structure, which.he said basically reflects 1980 salaries from comparable Twin City employers, (from information supplied by the Stanton Survey). Council Meeting Minutes -6- December 22 Mr. Nollenberger reviewed the cost and city contributions of the various hospital plans carried .by the city, and•explained the proposed dental insurance the city hopes to implement in April, 1981. The council discussed the proposals and recommended adopting the appropriate resolutions implementing these changes. Motion by Collins,~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. 6353 RESOLUTION RELATING TO THE 1981 GENERAL SERVICES SALARY COMPENSATION PLAN Poll of votes: Ayes - Bunce, Collins, Ludeman, Luettinger, Priebe. Nays - None. Carried. This resolution appears as Resolution No. 6353 in Resolution Book No. 45. ~] Motion by Collins, 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. 6354 RESOLUTION RELATING TO THE 1981 MANAGEMENT SALARY COMPENSATION PLAN Poll of votes: Ayes - Bunce, Collins, Ludeman, Luettinger, Priebe. Nays - None. Carried. This resolution appears as Resolution No. 6354 in Resolution Book. No. 45. Motion by Collins, 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. 6355 RESOLUTION DESIGNATING CITY'S CONTRIBUTION TOWARD HEALTH AND TERM LIFE INSURANCE PREMIUM Poll of votes: Ayes - Bunce, Collins, Ludeman, Luettinger, Priebe. Nays - None. Carried. This resolution appears as Resolution No. 6355 in Resolution Book No. 45. 8. Ordinance Amendment Relating_to_ License__and_ Permit Fees and_ Charges. _ First ~~'. ~1 X980 Administrative Services Director Joyce Wilde presented an ordinance amendment Council Meeting Minutes -7- December 22, 1980 providing for increases in many city license fees for city council review. She indicated that many of the city's fees have not been revised for many years and that the present fees listed in this ordinance amendment would enable the city to more accurately recoup the city's costs in this area. Bill 1980-35, "An Amendment to Appendix D of the Ordinance Code of the City of Richfield, Minnesota", was read and reviewed by City Attorney Clayton LeFevere, the same being on file in the office of the city clerk. (C-9944) Motion by Bunce, seconded by Luettinger that this constitute a first reading of Bill 1980-35; that it be published in the official newspaper and that second reading of this ordinance amendment be scheduled for January 26, 1981. Po11 of votes: Ayes - Bunce, Collins, Ludeman, Luettinger, Priebe. Nays - None. Carried. 9. Resolution Relating to L/H/N Redevelopment Area Special Assessments City Manager Nollenberger reviewed the actions of the city council last fall at which time they established for budget purposes a special assessment district for the purpose of providing a higher level of maintenance in the L/H/N redevelop- ment area and then assessing the cost to property owners within the area. He presented a resolution for city council approval setting a public hearing to be held January 12, 1981, at which time the council will consider undertaking these services and the levying of special assessments. Motion by Luettinger, seconded by Priebe 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. 6356 RESOLUTION DETERMINING TO SPECIALLY ASSESS FOR THE COSTS OF CURRENT SERVICES PROVIDED WITHIN THE LYNDALE/HUB/NICOLLET PROJECT AREA Poll of votes: Ayes - Bunce, Collins, Ludeman, Luettinger, Priebe. Nays - None. Council Meeting Minutes -8- Carried. This resolution appears as Resolution No. 10. Leeislative Issues and Policy Considerations ' ~1 December 22, 1'980 6356 in Resolution Book,No. 45.' City Manager Nollenberger.presented a summary of policies and issues related to legislation that are likely to be before the Minnesota Legislature in its coming session, beginning January 1981. The council discussed the issues and reviewed the recommended policy stands which the.council.might adopt fox' transmittal to state legislature. The council concurred with these legislative policies with a few small changes. 11. Contract Approving Auditor for 1980 Financial Records of the City. City Manager Nollenberger presented the Agreement for Auditing Services presented by the firm of Cummings,: Keegan and Co.., the firm selected by the city council to provide the city's auditing services for 1981. Motion by Luettinger, seconded by Collins to approve this agreement for auditing services and authorize the mayor and city manager to sign the agreement. A11 ayes - Carried. 12. Consent Calendar Motion by Ludeman, seconded by Collins to approve the following consent items: A. Award of Contract, Asphalt Hot Patcher - CL 447 - Approve the bid received from Ruffridge-Johnson Equipment Co., Inc. in the amount of $7,195. B. Minutes, Tabulation of Bids, Water Treatment Chemicals - CL 448 - Accept the bids for the following chemicals: f 1. Quick Lime, in the amount of $66.90 per ton - Cutler-Magner 2. Liquid Aluminum Sulfate, in the amount of $121 per ton - Hawkins Chemical r- 1 3. Liquid Anhydrous Ammonia, in the amount of $.29 per pound - Hawkins Chemical 4. Sodium Silico Fluoride, in the amount of $24.30 per cwt - Van Waters & Rogers. 5. Sodium Polyphosphate, in the amount of $88.10 per cwt - Van Waters & Roge • ~~ ' Council Meeting Minutes -9- December 22, 1980 C. Request for Alley Vacation - Block 10, Ray''s Lynnhurst Addition - CL 444 Approve the request to defer consideration of this item to January 12, 1981. D. Request for Special Use Permit, 2100 West 78th Street - CL 445 Approve the request to defer consideration of this item to January 12, 1981. E. Request for Removal of Stop Sign at 69th Street and Vincent - CL 443 Deny this request for removal of stop signs on 69th Street at Vincent Avenue. F. Rescheduling of Hearing Dates for Renewal of Onsale Liquor Licenses - CL 450 Reschedule public hearing for January 12, 1981. G. Payments and Estimates Henry Mikkleson Co., CP 692 - 17% complete - general construction work, city garage - $9,000 H. Claims and Payrolls RICHFIELD BANK & TRUST Checks 1647/49963 General $534,780:06 Checks 66964/67282 Payroll . 173,770.47 SUMMIT STATE BANK Checks 63080/63725 $487,741.91 All ayes - Carried. Public Safety Director Tom Morgan gave a brief report on the recent fire at Lyndale Garden Center. 12. Adjournment Motion by Luettinger, seconded by Ludeman that the meeting adjourn. All ayes - Carried. Time: 12:30 a.m. Date Approved: January 12, 1981 yl K. Bergh Acting C Clerk December 23, 1980. ~~ ~.- o ald J. Prie e _ Mayor. ~~ ~- ~~~ Karl Nollenberger City Manager