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01-26-1981CITY OF RICHFIELD Regular Meeting January 26, .1981 The city council of the City of Richfield met in~regular session in the council chambers of the city hall on Monday, January 26, 1981, at 7:00 p.m. The meeting was called to order by Mayor Donald Priebe. Present; Bunce, Collins, Hassenstab, Ludeman, Priebe Rev. Jerry Larson, of Woodlake Lutheran Church, gave the invocation. The Pledge of Allegiance was led by Councilman Bunce. 1. Minutes Motion by Bunce, seconded by Ludeman that the minutes of the regular meeting of January 12, 1981, be approved as submitted. All ayes - Carried. ~~ JOINT MEETING CITY COUNCIL/HOUSING AND REDEVELOPMENT AUTHORITY _ The Housing and Redevelopment Authority met jointly with the city council to consider the redevelopment of Lyndale Garden Center. Present; Collins, Freeman, Harms, Helmberger, Ludeman 2. Request for Approval of Lyndale Garden Center Planned Unit Development Plan and Special Use Permit City Manager Nollenberger reviewed the background of the proposed redevelopment of Lyndale Garden Center since January, 1980, when the city council approved a Planned Unit Development plan at this site. These plans have been accelerated by the owners as a result of the fire of December, 1980, that destroyed the present structure. The City Manager indicated that the new glan does include changes which exceed those allowed by the ordinance for amendments to the PUD plans and it will be necessary for the city council to approve an amended PUD plan and special use permit. Dennis Kraft, Community Development Director, provided additional information Council Meeting Minutes -2- January 26, 1981 with diagrams of Lyndale Garden Center's proposed new structure and responded to council questions. David Runyan, architect for Lyndale Garden Center, showed floor plans for the planned structure. He said the garden center wishes to have the new building completed and ready for opening by April 1, 1981. Mark Ahlquist, 6449 Lyndale Avenue, a member of the Planning Commission,. spoke about the urban design guidelines and the visual perspective of the garden center from the southeast. Bert Rutman, owner of Lyndale Garden Center, spoke on his own behalf. He presented samples of fencing and `spoke of the costs of maintenance of the large areas of glass proposed for the new store. He estimated the total cost of the new structure will cost around $1,100,000. Dale Paterson, owner of the property that houses The Old Chestnut Forge, 6330 Lyndale, spoke of parking problems and said he would like an outlet on to Aldrich Avenue. He asked if tax increment financing was being used. Lawrence Wozniczka, 6744 Wentworth, voiced concerns for safety and health and the financial aspects of the PUD. He asked if there was any danger of chemical soil seepage from the fire. Public Safety Director Tom Morgan addressed the pollution and safety concerns and noted that proper storage would be provided for fertilizers and an adequate sprinkler system was being provided for in the new structure. The council and HRA reviewed the building plans and the recommended stipu- lations of the staff and Planning Commission, as outlined in Council Letter No. 26. Motion by Bunce, seconded by Collins to close the hearing. All ayes - Carried. Motion by Bunce to approve the amended PUD and special use permit subject to the four stipulations recommended by the staff. Motion died for lack of a second. r- , I Council Aieeting Minutes -3- January 26, 1981 Motion by Collins, seconded by Priebe to approve the amended PUD and special use permit subject to the following stipulations: 1. That all site lighting, landscaping and signing conform to city standards; 2. That a turn-around be provided on Aldrich Avenue where it deadends at the Lyndale Garden Center proposed new north property line; 3. That the exterior of the print shop be remodeled to match the other buildings on the site; 4. That the masonry to be used on the building have integral color and conform to the Urban .Design Guidelines; 5. That there be provision for other than surface drainage from the greenhouse fronting on Lyndale Avenue; 6. That a 20 percent performance bond be posted to ensure completion of the project within the time frame established by the developer; 7. That permits be issued prior to city approval of the final development-plan; 8. That decorative architectural picket fencing (other than chain .link) be provided in front of the building; .the final design of such fencing shall be approved by city staff; 9. That the building be designed in accordance with "Scheme B" as presented to the council. This alternative indicates that a four foot wide wood facia will be provided along the front to soften the appearance of the greenhouse. All aves - Carried. The council recessed at 9:00 p.m. and resumed its regular meeting at 9:15 p.m. 3. License Renewal Request for Tip Top Car Wash, 6601 Bloomington Avenue City Manager Nollenberger presented the license renewal application of the f] Tip Top Car Wash, 6601 Bloomington Avenue, for council consideration. The council had granted this applicant a new business license on July 24, 1980, subject to the following stipulations, as outlined in Council Letter No. 24: a. Automatic shut-offs for both water and power be installed; b. The premises be maintained in a clean condition; c. The required barrier be installed around the trash dumpster; Council Meeting Minutes -4- January 26, 1981 d. ~ All conditions set forth in the existing ordinance code be observed; e. The council shall keep abreast of remodeling progress by Mr. Colehour. Public Safety Director Tom Morgan cited instances of noncompliance to•the stipulations by the car wash and reviewed the current condition of the facility. He made no recommendation regarding the license renewal. Mr. Dave Colehour, owner of Tip Top Car Wash, spoke on his own behalf. He said he recently signed a lease extension pursuant to remodeling and told how he has tried to keep the area clean. He responded to council questions and showed preliminary remodeling plans. Several people that live near the oar wash attended the hearing and expressed their disapproval with the car wash operation. John LaFrance, 6621 Bloomington, said the problems that were connected with the business six months ago are still evident. He also said the mechanical shut-off do not work and that the car wash often was open beyond 11 o'clock. Hank Thurnau, 6701 Bloomington, spoke of double parking causing potential accidents and questioned whether there was room on the property for expansion. Mr. Morgan responded to the concern raised by Councilman Bunce with regard to the denial of the business license, which in essence would prohibit the present owner from continuing his operation in the city. Mr. Morgan pointed out that the present problems have existed for more than two years and the promises made by Mr. Colehour to correct these problems were identical to the promises he had made in the past which have not been fulfilled. Mr. Morgan suggested the following options for consideration of the council in dealing with this issue: 1. Issue the business license as requested; 2. Deny the license on the basis of the problems presented by the Department of Public Safety and the residents of the neighborhood. 3. Approve the license, but withhold the issuance of the license until all existing ordinace code violations have been corrected. Council Meeting Minutes -5- January 26, 1981 4. Issue the license as requested, but direct the Department of Public Safety to prosecute on a criminal basis all existing or future ordinance code violations which occur. S. Defer action on this matter for a period of thirty (30) days and direct the city attorney to prepare a formal findings of fact with regard to the issues which have been raised and the ordinance code violations which have been cited. At that time, the council can make a final determination with regard to the license renewal application which has been requested. Mr. Morgan recommended that the final option would be his recommendation to the council with regard to this matter. He pointed out that the "formal findings of fact" would protect Mr. Colehour's right to a due process proceedings with regard to the council consideration of his license renewal application. Mr. Morgan also indicated that this approach would provide a very sound legal basis from which the city could act with regard to a final decision by the council in this matter. The Assistant City Attorney also concurred with Mr. Morgan's recommendation in this matter, and pointed out that the "findings of fact" would be the best approach, from a legal perspective, to deal with this issue. Motion by Hassenstab, seconded by Ludeman to defer action on this matter for thirty days and direct the Assistant City Attorney to prepare a formal "findings of fact" regarding the issues that have been raised and the ordinance code violations. All ayes - Carried. 4. Board and Commission Appointments City Manager Nollenberger presented applications of those indicating a desire to serve on city boards and commissions for city council review. Advisory Board of Health Helen Yates, 6737 - 1st Avenue, appeared and indicated her willingness to serve on the Advisory Board of Health and the South Hennepin Human Services Council. Charlotte Anderson, 6429 Vincent Avenue, spoke on her own behalf and expressed her growing awareness of human ecology. Council Meeting Minutes -6- January 26, 1981 Motion by Hassenstab, seconded by Ludeman to appoint Charlotte Anderson to serve a two year term expiring in January, 1983, and appoint Helen Yates to serve as ex officio member. All ayes - Carried. South Hennepin Human Services Council Motion by Hassenstab, seconded by Collins to appoint Helen Yates to serve a two year term, expiring in January, 1983. AlI ayes - Carried. Park and Recreation Advisory Commission Motion by Ludeman, seconded by Bunce to appoint Mark Rundquist to fill the youth member vacancy on the Park and Recreation Advisory Commission. All ayes - Carried. 5. Ordinance Amendment Relating to License and Permit Fees and Charges. Second Reading. City Manager Nollenberger presented an ordinance amendment revising certain city license fees and charges for council approval. Motion by Bunce, seconded by Ludeman to close the hearing. All ayes - Carried. Bill 1980-35, "An Amendment to Appendix D of the Ordinance Code of the City of Richfield, Minnesota", was read and reviewed by Assistant City Attorney John Dean, the same being on file in the office of the city clerk. (C-9944) Motion by Bunce, seconded by Ludeman that this constitute a second reading of Bill 1980-35; that it be published in the official newspaper and that it be made a part of these minutes. Poll of votes: Ayes - Bunce, Collins, Hassenstab, Ludeman, Priebe. Nays - None. Carried. Council Meeting Minutes -7- January 26, 1981 6. Ordinance Amendment Relating to Billing Procedures. Second Reading. City Manager Nollenberger presented an ordinance amendment relating to billing procedures, which will clarify the time sequence in which water and sewer utility bills are to be prepared, for city council second reading approval. Motion by Hassens-tab, seconded by Collins to close the hearing. All ayes - Carried. Bill 1980-35, "An Ordinance Amendment Related to Sanitary Sewer Service Rates and Charges", was read and reviewed by Assistant City Attorney John Dean, the same being on file in the office of the city clerk. (C-9943) Motion by Hassenstab, seconded by Rance that this constitute a second reading of Bill 1980-34; that it be published in the official newspaper and that it be made a part of these minutes. .Poll of votes: Ayes - Bunce, Collins, Hassenstab, Ludeman, Priebe. Nays - None. Carried. 7. Resolution Relating to Approval of Capital Improvement Program City Manager Nollenberger recommended that the city council make any changes at this time prior to adopting the 1982-1986 Capital Improvement Program. Mayor Priebe said he would have liked to see faster action of the Performance Center (~~7 of the CIP) and deferral of the fire station from 1983 to 1984. He also said there is a need for recreational activities of a nonathletic nature in Rich- field. Councilmember Ludeman expressed concern about flood control/drainage. 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. 6373 RESOLUTION ADOPTING THE 1982-1986 CAPITAL IMPROVEMENTS PROGRAM Council Meeting Minutes -8- January 26, 1981 Poll of votes: Ayes - Bunce, Collins, Hassenstab, Priebe. Nays - Ludeman. Carried. This resolution appears as Resolution No. 6373 in Resolution Book No. 46. Mayor Priebe indicated his concern with councilmembers voting against a large capital improvement program based on disagreement with only a small portion of the p tan. Frank Riley, 6915 Portland, asked when the public hearing for lighting on Portland, Nicollet and Lyndale Avenues will be held. He was advised that the public hearing was scheduled for March .8, 1981. 8. Approval of Community Services Fees and Charges Community Services Director Don Fondrick reviewed in detail the fee schedule proposed for 1981 for the various areas of the Community Services Department and responded to council questions. The areas include the ice arena, swimming pool, ,nature center, recreation programs and the golf course. Mr. Fondrick said the park and recreation advisory commission had reviewed the proposed fee schedule and unanimously recommended that staff recommendations be adopted by the city council. Motion by Bunce, seconded by Collins to adopt the fees and charges for. 1981 as recommended by the park and recreation advisory commission and the staff,:and as outlined in Council Letter No. 32. All ayes - Carried. 9. Consent Calendar Motion by Hassenstab, seconded by Collins that the following items on the consent calendar be approved: A. Resolution Amending Resolution No. 6356 Establishing Process for Suecial Assessin L/H/N Redevelopment Area - CL 29 RESOLUTION NO. 6372 RESOLUTION AMENDING RESOLUTION N0. 6356 WHICH PROVIDES FOR A PROCESS OF SPECIALLY ASSESSING THE COSTS FOR CURRENT SERVICES IN THE LYNDALE/ HUB/NICOLLET PROJECT AREA n ~I Council Meeting Minutes -9- January 26, 1981 B. Resolution Relating to Parking Restrictions at Richfield Liguor_S_tore Parking Lots - CL 30 RESOLUTION N0. 6364 RESOLUTION ESTABLISHING CERTAIN PARKING RESTRICTIO\1S AT THE PARI:ING LOTS OF THE CITY OF RICHFIELD MUNICIPAL LIQUOR STORES C. Minutes, Tabulations Award of Contract Lime Sludge Removal - CL 33 Award contract for excavation, removal and disposal of approximately 9,000 cubic yards of lime sludge to Ray N. Anderson at a unit price of $5.00/cubic yard, for an estimated total amount of $45,000. D. PurchasES in Excess of $1,000 - CL 23 Driving Range Balls .z Authorize the purchase of 500 dozen driving range balls from Spalding Golf Company in the amount of $2,275. 'Golf Ba11s for Resale Authorize the purchase of 24 dozen Pro F1ite golf balls at a unit price of $5.25, 24 dozen Top Flite golf balls at $12.15 per dozen and 48 dozen XL Top Flite golf balls at $12.15 per dozen for a total amount of $2,134.80, from Spalding Golf Company. Light Fixtures Authorize the purchase of replacement fixtures - three light head and Lamp sets at a unit price of $119, and three light head and lamp sets at a unit price of $230, for a total purchase price of $1,047, from American Philips Lighting Corp. Brochure Paper Authorize the purchase of 117,000 sheets, 11 x 17, long grain, 60~~ Nekoosa Pink paper from Wilcox Paper Company, for a total purchase price of $1,618.11. This purchase cost will be shared with the school district. Council Meeting Minutes -10- January 26, 1981 Toro Side Dischar a Deck Authorize the purchase of a 72" Toro side discharge deck, a cutter attachment to the city-owned Toro mowers, in the amount of $1,630. Underground Wiring Authorize payment of $2,500 to NSF for underground wiring work performed on Lift 'Station ~~4, located at Wilson Pond. Transmitter-Receiver Attachments Authorize the purchase of eight Ear Comm .Transmitter-Receiver attachments for portable radios for a total amount of $2,232 from Fire Safety and Communications Corporation of Rochester, Minnesota. E. Payments and Estimates Superior 77, CP 737 Lyndale Store interior remodeling, 100% complete - $6,000 'F. Resolution Relating to Limited Use Permit for Proposed Sidewalk - CL 25 RESOLUTION N0. 6375 RESOLUTION AUTHORIZING MAYOR-AND MANAGER TO EXECUTE LIMITED USE PERMIT FOR THE PURPOSE OF CONSTRUCTING AND MAINTAINING SIDEWALKS SOUTH OF 35W IN THE VICINITY OF NICOLLET PARK G. License Fee Waived 37th District DFL February 7,8 Retail on-sale beer H. Claims and Payrolls RICHFIELD BANK & TRUST Checks 67287/67619 Payroll $175,587.02 Checks 1685/50220 General 648,654.75 SUMMIT STATE BANK Checks 63095/63106 908,335.24 All ayes - Carried. Council Meeting Minutes -11- January 26, 1981 10. BMX Track Update (Not on Agenda) City Manager Nollenberger informed the council of projected costs that would be incurred if the city builds a BMX track at Taft Park or Donaldson Park. 11. Approval of 1981 Labor Contract Agreement with Richfield Police Officers Federation (Not on Agenda) Joyce Wilde, Administrative Services Director, advised the council that a labor contract had been negotiated with the Richfield Police Officers Federation for the period of January 1 through December 31, 1981. Provisions of this labor - contract apply to all dispatcher, policer officer and investigator/agent employees .~ of the Public Safety Department. Ms. Wilde recommended that the council adopt the appropriate resolution, authorizing implementation of this Labor agreement. 1 Motion by Ludeman, seconded by Hassenstab 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. 6376 RESOLUTION APPROVING LABOR AGREEMENT BETWEEN THE CITY OF RICHFIELD AND THE RICHFIELD POLICE OFFICERS FEDERATION BARGAINING UNIT FOR THE YEAR 1981 Poll of votes: Ayes - Bunce, Collins, HassQnstab, Ludeman, Priebe. Nays - None. Carried. This resolution appears as Resolution No. 6376 in Resolution Book No. 46. 12. Adjournment Motion by Collins, seconded by Bunce that the meeting adjourn. All ayes - Carried. Time: 11:33 p.m. Date Approved: February 9, 1981 o d J. Prie Mayor Karl Nollenberger City Manager ~;a~ Sylv' K. Bergh City Clerk