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02-09-1981CITY OF RICHFIELD Regular Meeting February 9,. 1981 The city council of the City of Richfield met in regular session in the council chambers of the city hall on Monday, February 9, 1981 at 7:00 p.m. The meeting was called to order by Mayor, Donald Priebe at 7:07 p.m. Present: Bunce,.Collins, Ludeman, Priebe Absent: Hassenstab The invocation was given by Rev. Clemmet Peterson of the Richfield United Methodist Church. Weeblos Cub Scout Pack ~~344 led in the Pledge of Allegiance. Mayor Priebe and Councilmember Bunce presented certificates of appreciation to the five cub scouts in recognition of their contribution~to the evening meeting. Mayor Priebe announced that Councilmember Hassenstab was ill and unable to attend the meeting. 1. Minutes Motion by Ludeman, seconded by Collins that the minutes of the regular meeting of January 26 and the Joint Meeting of City Council/Planning Commission of January 19, 1981 be approved as submitted. All ayes - Carried. Absent - Hassenstab. 2. Presentation of Award to "Employee of the Quarter" City Manager Karl Nollenberger introduced Jean Mitchell, Finance Coordinator, recipient of the "Employee of the Quarter" award for the period of October - December 1980. Mayor Priebe presented Ms. Mitchell a $100 award and congratulated her on behalf of the City. 3. Request for Variance to the Setback Requirements for Purposes of Planting ~A Hedgerow, 6401 Standish Avenue City Manager Nollenberger reviewed the request of Wayne and Phyllis Kline for a variance to reduce the required three-foot hedge setback from public right-of-way Council Meeting Minutes -2- February 9, 1981 to zero feet to enable the applicant to plant a hedgerow on their west property line and a variance to plant the hedge within the public right-of-way adjacent. to their north property line at 7401 Standish Avenue. He indicated the staff had recommended that two stipulations be established, if the council decided to grant the variance. Mr. Wayne C. Kline, the applicant, appeared and spoke on his own behalf. Motion by Ludeman, seconded by Bunce to close the hearing. All ayes - Carried. Absent - Hassenstab. Motion by Ludeman, seconded by Collins to grant the variance subject to the following stipulations as outlined in Council Letter No. 42: 1. That the hedgerow be set back five-feet from the north-west property corner. 2. That a formal agreement between the applicant and the City of Richfield be reached to allow the hedgerow on the public-right-way. This agree- ment should hold the City harmless for damages to the hedge if it is damaged by snow removal. It should also ensure that the hedgerow is removed at no expense to the City of Richfield should any public im- provements along Standish Avenue or East 64th Street require the use of the right-of-way. All ayes - Carried. Absent.- Hassenstab. 4. Variance Request to Construct a Freestanding Canopy, Superamerica, 7720 Nicollet City Manager Nollenberger presented the request of Superamerica for a variance to allow construction of a freestanding canopy at 7720 Nicollet Avenue. He said that the proposed canopy is to be 17 feet in height and the allowable height is 16 feet, therefore, the staff asked that the variance to the height requirement be reviewed in conjunction with the variance request to construct a freestanding canopy. Michael Holt, representing Superamerica, spoke on his company's behalf. He indicated that the old facility at 7645 Nicollet will be used as a training center for cashiers and the gas/retail store operation would be moved to 7720 Nicollet. Council Meeting Minutes -3- February 9, 1981 Motion by Bunce, seconded by Ludeman to close the hearing. All ayes - Carried. Absent - Hassenstab. Motion by Bunce, seconded by Collins to grant this variance for construction of a 17 foot freestanding canopy at 7720 Nicollet. All ayes - Carried. Absent - Hassenstab. 5.. Ordinance Amendment Vacating Alley, Block 10, Ray's Lynnhurst Addition (area bounded by 63rd Street, 64th Street, Morgan and Newton Avenues). Second Beading. City Manager Nollenberger presented the transitory ordinance providing for vacation of an alley bounded by 63rd Street and 64th Street and Morgan Avenue and Newton Avenue for council second reading consideration. He noted that the language concerning. easements had been amended for second reading to state that the easement was to be granted for all utilities, and not just for city utilities. Motion by Ludeman, seconded by Bunce to close the hearing. All ayes - Carried. Absent - Hassenstab. Motion by Ludeman, seconded by Collins to amend the ordinance as recommended. All ayes - Carried. Absent - Hassenstab. Bill 1981-1, Transitory Ordinance No. 16.74, "A Transitory Ordinance Providing for the Vacation of the Alley on Block 10, Ray's Lynnhurst", was read and reviewed by City Attorney Clayton LeFevere, the same being on file in the office of the city clerk, (C-9945) Motion by Ludeman, seconded by Collins that. this constitute a second reading of Bill 1981-1, 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, Priebe. Nays - None. Absent - Hassenstab. Carried. 6. Ordinance Amendment Relating to Pay Plans and Compensation Policies. Second Reading. City Manager Nollenberger presented an ordinance amendment relating to overtime Council Meeting Minutes -4- ~ February 9, 1981 pay and compensatory time-off policies for council second reading consideration. Motion by Bunce, seconded by Ludeman to close the hearing. All ayes - Carried. Absent - Hassenstab. Bill 1981-3, "An Ordinance Amending Part III, Section 2.33, Subdivision 17 of the Ordinance Code of the City of Richfield", was read and reviewed by City Attorney Clayton LeFevere, the same being on file in the office of the city clerk. (C-9948) Motion by Ludeman, seconded by Collins that this constitite a second reading of Bill 1981-3; 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, Priebe. Nays - None. Absent - Hassenstab. Carried. 7. Transitory Ordinance Providing for Certain Capital Improvements City Manager Nollenberger presented a transitory ordinance providing for the appropriation of monies from the Special Revenue Fund to implement projects included in the 1981 Capital Improvement Budget for council second reading consideration. Motion by Ludeman to delete the $10,000 expenditure allocated for Legion Lake Park. Motion died for lack of a second. Councilmember Ludeman stated he would rather see these funds go to flood control. George Tellgren, 6937 Upton, questioned what the $40,000 appropriation for Monroe Fairwood Park entailed and asked fora breakdown of the overall project cost. Motion by Ludeman, seconded by Collins to close the hearing. All ayes - Carried. Absent - Hassenstab. Council Meeting Minutes -5- February 9, 1981 Bi11 1981-2, Transitory Ordinance No. 16.75, "An Ordinance 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-9947) Motion by Bunce, seconded by Collins that this constitute a second reading of Bill 1981-2; 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, Priebe. Nays - None. Absent - _ Hassenstab. Carried. " Councilmember Ludeman indicated that he was opposed to the appropriation for Legion Lake and would like his objection on the record. 8. Public Hearing Regarding Sidewalk Improvements, Penn Avenue City Manager Nollenberger outlined the city proposal for 1981 sidewalk construction on Penn Avenue. City Engineer Michael Eastling reviewed the sidewalk policy and responded to council questions. He said the staff has recommended deferral of sidewalk con- struction on the west side of Penn Avenue from 65th to 67th Street and the east side from 66th to 67th Streets as the city and county have plans to widen the street in that area. Don Hanson, 7348 Penn Avenue, asked why sidewalks were needed and who would clear the snow. Mayor Priebe responded that sidewalks were needed to protect pedestrians from heavy vehicular traffic and that the city has plowed snow in the past. A. J. Cosgrove, 7214 Penn, asked who would take responsibility if trees are blown down. The city manager said each case would need to be determined individually by the city forester. Council Meeting Minutes -6- February 9, 1981 Mayor Priebe read a letter from Southtown Plumbing, Inc., 6636 (C-9952) stating he owned the properties on 66th Street and Penn that are blacktopped and registering his opposition to sidewalks in that area. Motion by Collins, seconded by Ludeman to close the hearing. All ayes - Carried. Absent - Hassenstab. Motion by Ludeman, seconded by Collins to eliminate the 6500 and 6600 block of Penn Avenue from this project. All ayes - Carried. Absent - Hassenstab. 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: .F RESOLUTION N0. 6377 RESOLUTION ORDERING CITY PROJECT 727A SIDEWALK CONSTRUCTION Poll of votes: Ayes - Bunce, Collins, Ludeman, Priebe. Nays - None,.. Absent - Hassenstab. Carried. This resolution appears as Resolution No. 6377 in Resolution Book No. 46. 9. Appeal of Denial for Richfield Taxicab Driver's License Public Safety Director Tom Morgan reviewed the background of the January l3, staff denial of a taxicab driver's license for Lawrence Adolph Carlson. He advised that Mr. Carlson was appealing, this denial at this meeting. Lawrence A. Carlson spoke on his own behalf and said he was not as cognizant as he should have .been and that he drives 35,000 to 40,000 miles annually as a salesman. The city attorney provided legal clarification and reviewed the city ordinance and the Minnesota Statutes as they pertained to this case. Motion by Ludeman, seconded by Collins to close the hearing. A11 ayes - Carried. Absent - Hassenstab. Council Meeting Minutes -7- February 9, 1981 Motion by Ludeman, seconded by Collins to deny this application for a taxicab driver's license. Po11 of votes: Ayes - Collins, Ludeman, Priebe. Nays - Bunce. Absent - Hassenstab. Carried. 10. Ordinance Amendment Relating to Vacation~of a Portion of Lake Shore Drive. First Reading. City Manager Nollenberger presented a transitory ordinance providing for the vacation of a portion of Lake Shore Drive. Vacation of a portion of this street is necessary to finalize the 66th Street/Lake Shore Drive reallignment project. The city manager reviewed the recommendations of the staff and planning commission, as outlined in Council Letter No. 37. Councilmember Bunce spoke on behalf of Arthur Johnson, who resides on 901 West 66th Street, and asked that this action be delayed until the county has completed negotiations with the.Johnsons. He said he did not wish the Johnsons to feel "rushed" out of their home. John Malinsky, 917 W. 66th Street, said he was definitely against this process as the street will come by his back yard. Motion by Ludeman, seconded by Bunce to postpone any action on this street vacation until the city manager advises that all negotiations have been completed. All ayes - Carried. Absent - Hassenstab. 11. Transitory Ordinance Relating to Vacation of Unimproved Alley (Area bounded by Nicollet Avenue, Blaisdell Avenue, 68th Street and St. Peter's Church Property. First Reading. City Manager Nollenberger advised the council that a petition had been received requesting the vacation of the alley on Block I, Oaklane Addition, He said the petition contained the required number of signatures and approval had been recom- mended by the staff subject to the following stipulation, as outlined in Council Letter No. 41: Council Meeting Minutes -8- February 9, 1981 I. That the necessary utility easements be granted to the utility companies to maintain the utilities that exist in the alley right-of-way. Also recommended by the staff was that a public hearing on this matter be set for March 9, 1981. 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. 6378 •RESOLUTION RECEIVING VACATION PETITION AND CALLING-FOR PUBLIC HEARINGS Poll of votes: Ayes - Bunce, Collins, Ludeman, Priebe. Nays.-.None. Absent - Hassenstab. Carried. This resolution appears as Resolution No. 6378 in Resolution Book No. 46. Bill 1981-4, Transitory Ordinance No. 16.76, "A Transitory Ordinance for the Vacation of a Public Alley on Block 1, Oaklane Addition", was read and reviewed by City Attorney Clayton LeFevere, the same being on file in-the office of the city clerk. (C-9953) Motion by Ludeman, seconded by Collins that this constitute a first reading of Bi11 1981-4; that it be published in the official newspaper and. that second reading of this ordinance amendment be scheduled for March 9, 1981. Poll of votes: Ayes - Bunce, Collins, Ludeman, Priebe. Nays - None. Absent - Hassenstab. Carried. 12. Transitory Ordinance Relating to a Vacation of a Portion of Circle Place Area immediately south of the Lyndale Hardware Buildin~~ 66th and Lyndale Avenue). First Reading. City Manager Nollenberger advised the city council that a petition with the proper number of signatures had been received from the S & M Company, owners of property leased to Lyndale Hardware, requesting the city vacate the northerly 26 feet of Circle Place adjacent to their property. He recommended that-the Council Meeting Minutes -9- February 9, 1981 council approve this street vacation and set a public hearing~on this matter for March 9, 1981. Mr. J. E. Brill, Jr., representing S & M Company, spoke on his company's behalf and said this proposed street vacation would provide 23 more parking spaces. He also reported that the redevelopment of Lyndale Hardware is well under way. Bill 1981-5, Transitory Ordinance No. 16.77, "A Transitory Ordinance for the Vacation of a Portion of Circle Place", was read and reviewed by City Attorney Clayton LeFevere, the same being on file in the office of the city clerk. (C-9954) Motion by Ludeman, seconded by Bunce that this constitute a first reading of - Bill 1981-5; that it be published in the official newspaper and that second reading ..~ of this ordinance amendment be scheduled for March 9, 1981. Poll of votes: Ayes - Bunce, Collins, Ludeman, Priebe. Nays - None. Absent - Hassenstab. Carried. .Richard Blevins, 7539 Washburn, spoke of the Planning Commission's concern of establishing a "half street". The city attorney explained that this vacated area would be considered a parking area rather than a traveled plowed street. 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 NO. 6379 RESOLUTION RECEIVING STREET VACATION PETITION AND CALLING FOR PUBLIC HEARINGS (LYNDALE HARDWARE AREA) Po11 of votes: Ayes - Bunce, Collins, Ludeman, Priebe. Nays - None. Absent - Hassenstab. Carried. This resolution appears as Resolution No. 6379 in Resolution Book No. 46. Council Meeting Minutes -10- February 9, 1981 13. Resolution Approving Request for Subdivision Waiver__for Property at 74th and Lyndale Avenue Jerry Hanson spoke on behalf of Philip C. Smaby, owner of prop erty at the southeast corner of 74th Street and Lyndale Avenue. He presented his request for a subdivision waiver to allow him to divide the parcel into two lots and sell the parcels to separate buyers. 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. 6380 RESOLUTION WAIVING COMPLL!~1~TCE WITH SUBDIVISION PROCEDURE Poll of votes: Ayes - Bunce, Collins, Ludeman, Prl.ebe. Nays - None. Absent - Hassenstab. Carried. This resolution appears as Resolution No. 6380 in Resolution Book No. 46. 14. Status Report on Cedar Industries City Manager Nollenberger introduced Public Safety Director Tom Morgan to present a status report on the court case involving Cedar Industries. Mr. Morgan reported that the city ordinance was upheld to be constitutional and Cedar Industries is presently attempting to relocate their business. 15. Consent Calendar Motion by Bunce, seconded by Ludeman that the following items be approved: A. Planning Commission Resolution Approving Disposition of Residual Property Alon~West 66th Street - CL 36 Receive the planning commission's resolution, "Finding the Disposition of Property to be in Compliance with the Comprehensive Plan", relating to sale of residual property on 66th Street. Lawrence Wozniczka, 6744 Wentworth, asked if a public meeting will be held when this item is later considered. The city manager said this matter will again be an agenda item. Council Meeting Minutes -11- February 9, 1981 B. Purchases in Excess of $1,000 - CL 47 Electric Hoist Approve the purchase of a hoist from Olsen Chain and Cable in the amount of $1,038. Freon Approve emergency purchase of 1,000 pounds of freon from Hol~nsten Ice Rinks, Inc. in the amount of $1,350. C. Continency Resolution to Implement Dental Insurance Plan, Specialized Pay Plans 1981 Police Officers Contract - CL 48 RESOLUTION N0. 63$1 RESOLUTION AUTHORIZING TRANSFER OF APPROPRIATION FROM THE 1981 CONTINGENCY ACCOUNT TO VARIOUS DEPARTMENTS D. Claims and Payrolls RICHFIELD BANK & TRUST Checks 1730/50741 General $ 364,319.92 Checks 67626/67958 Payroll 182,683.21 SUMMIT STATE BANK Checks 63132/63154 $2,782,099.85 E. Payment and Estimate Estimate ~kl, CP 720, Telecommunication System, - 95% complete - Telamerica, Inc. - $89,841.26 F. Licenses Motel Licenses Renewal The Inn, 7460 Cedar Avenue Renewal Cloverleaf Motel, Inc., 7700 Fremont Avenue Renewal ~ Colonial Lodge, 7745 Lyndale Avenue Retail Off-Sale Beer Renewal Walgreens, 12 W. 66th Street Renewal Union 76, 601 E. 6bth Street Council Meeting~Minutes -12- Licenses (Continued) Sauna Renewal Shangri-La, 2401 W. 66th Street Si,~n Hanger Renewal William Cragg, Inc., 9b36 85th Avenue North Taxicab Fleet License Renewal Suburban Taxi, Inc., 167 Grand Avenue, St. Paul Renewal Suburban Yellow Cab, 6405 Cedar Gambling Renewal St. Richard's Church Renewal Rolling Tigers Renewal American Legion, 6501 Portland Kennel Renewal Garnett Kebler, 6.314 14th Avenue Renewal Barbara Ehrhardt, 6744 Grand Renewal. Dale Lyddon,.6.733 loth Avenue New Rosemary Riga, 6344 Bloomington Renewal Richard Burtis, 7325 Fremont Renewal Elaine Bergquist, 7429 Humboldt Renewal Catherine Bros, 6338 Clinton Renewal Myrtle Wickstrom, 6726_ Chicago Renewal Joyce McPheeters,- 7340 Emerson All. ayes - Carried. Absent - Hassenstab. February 9, 1981 35 cabs 50 cabs Bingo .Raffle Raffle, Tipboard r-~ 1__J 15 cats 1 dog, 3-cats 3 dogs 3 cats 4 cats 2 dogs (commercial) 18 cats 3 dogs 4 dogs Richard Blevins, 7539 Washburn, questioned the limits on number of animals allowed in kennels. Bruce Edlund, 671i`~8eh Avenue, cited nuisances and disturbances caused by animals owned by Judy and Joe Garcia, 6703 18th Avenue, and recommeY~ded this license not be granted. Motion by Ludeman, seconded by Bunce to reconsider. granting a kennel license to the Garcias. A11 ayes - Carried. Absent - Hassenstab. Council Meeting Minutes -13- February 9, 1981 Motion by Ludeman, seconded by Collins to table this application for a kennel license until the next council meeting. All ayes - Carried. Absent - Hassenstab. 15. Discussion Item - Not on Agenda The city manager advised the council that. the school board has requested a joint meeting with them on March 30, 1981, at 7:00 p.m. to be held in the high school. The council concurred with the timing. 16. Adjournment Motion by Ludeman, seconded by Collins that the meeting adjourn. " All ayes - Carried. Time: 9:37 p.m. ,z Date Approved: February 23, 1981 ` /~~% Sy a K. Bergh A` City C k Karl Nollenberger City Manager