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02-23-1981CITY OF RICHFIELD Regular Meeting February 23, 1981 The City Council of the City of Richfield met in regular session in the council chambers of the city hall on Monday, February 23, 1981 at 7:00 p.m. The meeting was called to order by Mayor Donald J. Priebe at 7:10 p.m. Mrs. Lois DeSantis, of Richfield United Methodist Church, gave the invocation. -_ Bluebird Croup ~kl, of Sheridan School, led in the Pledge of Allegiance. Mayor c Priebe presented certificates of appreciation to the five Bluebirds in recognition of their contribution to the city council meeting. Present: Bunce, Collins, Hassenstab, Ludeman, Priebe 1. Minutes Councilmember Hassenstab asked that the minutes of February 3, 1981, be amended to state that he .was out of town and that he will defer approval of these minutes and-the February 9, minutes until he has had an opportunity to review the transcript of the hearings. Motion by Bunce, seconded by Ludeman to approve the minutes of the February 2, 1981 special meeting. All ayes - Carried. Motion by Bunce, seconded by Ludeman to approve the minutes of the February 3, 1981 special meeting and the regular meeting of February 9, 1981. Po11 of votes: Ayes - Bunce, Collins, Ludeman, Priebe. Abstain - Hassenstab. Carried. 2. Presentation of Certificates of Appreciation to Former City Commission Members Mayor Priebe presented Certificates__of Appreciation -to the -following former- commission members: Advisory Board of Health members Helen Yates and Mildred Stake; Charter Commission Members Jan Bray, Earl Maffett and Thomas Harms; Park and Recreation Advisory Commission member Lew Workman; Planning,Commission Member Steve Lindgren and Senior Citizens/Handicapped Commission members Inger Palm and Muriel Grunditz. Council Meeting Minutes -2- February 23, 1981 3. presentation of "Gene Jacobsen Citizen of the Year" Award•~ Steve Soucy, 7445 Aldrich, chairman of the Human Rights Commission, presented the annual "Gene Jacobsen Citizen of the Year" award to Margaret S. Meter, 7415 Humboldt Avenue.. Also present was Mary Jacobsen, widow of former city councilmember Gene Jacobsen, for whom~the award was renamed in recognition of his. years of work -:- on behalf of human rights. The .council recessed at 7:30 p.m. for refreshments, and congratulations-were extended to-Mrs. Meter. The council reconvened at 7:50 p.m. 4. Appointments to the Human Rights Commission and the Enemy Awareness Commission _ The council made the following appointments: Human Rights Commission Motion by Ludeman, seconded by Hassenstab to appoint Dawn Nielsen to a one year term, expiring spring of 1982 to the Human Rights Commission. All ayes - Carried. Energy Awareness Commission Motion by Bunce, seconded by Ludeman to appoint Emil Shipka to serve on the Energy Awareness Commission. All ayes - Carried. 5. Alley Improvement Program City Manager Nollenberger reviewed the alley improvement policy that was adopted by the council on November.24, 1980. He indicated that petitions had been received for resurfacing alleys in the following areas, as outlined in Council -~z_-Letter. No..57: ---~----- - __--- ..-- - - ---~ 1 [] Council Meeting Minutes -3- February 23, 1981 Alley Between From To ' 3rd and Clinton Ave. - 73rd Street. 74th Street Lyndale and Aldrich ~ 75th Street 76th Street First and Stevens 71st Street 72nd Street Garfield and Harriet 73rd Street 305 feet south 2nd and 3rd Aves. 71st Street 73rd Street Oliver and Newton 73rd Street 470 feet south 65th and 66th Sts. 22nd Avenue Standish Avenue . 65th and 66th Sts. 13th Avenue 14th Avenue Xerxes and Washburn 66th Street 67th Street a Mr. Nollenberger said that the preliminary engineering report had suggested that bids for both concrete and asphalt surfacing be solicited. Mrs. Dennis O'Brien, 7124 .1st Avenue, appeared and talked about the poor condition of the alley abutting her property. She said that Wooddale Baptist Church owns the majority of the abutting property and does not wish to petition for permanent alley surfacing, and the homeowners can not petition because they don't constitute a majority. She suggested that the policy be changed. The City Manager advised that he has talked to the church and they have indicated they intend to relocate within three years, and are therefore not interested in investing~in alley improvements. City Attorney Clayton LeFevere commented that the alley policy was a guide for council action, and that some degree of flexibility existed as to its application. George. Tellgren, 6937 Upton, said that, in his opinion, the city council will be setting a precedent if they accept petitions containing less than 50 percent of the property owners' signatures.. Ambrose Arnold, 6628 Clinton, presented a petition (C-9956) for construction -- of-an- alley on-Third Avenue between 66th and 67th Streets. - --- ----- --------°°-°----- Joseph Blazejak, 7109 1st Avenue, asked if the alley between First Avenue and Stevens would be paved. Motion by Bunce, seconded by Hassenstab,to add the alley requested by Mrs. Council Meeting Minutes -4- February 23, 1981 O'Brien between lst Avenue and Nicollet, from.7lst~Street to 72nd Street, and that th alley from 66th Street to 67th Street between Clinton and Third Streets be added to the project. Poll of votes: Ayes - Bunce,-Collins, Hassenstab, Priebe. Abstain - Ludeman. Carried. Motion by Bunce, 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. 6386 RESOLUTION ORDERING PRELIMINARY REPORT ON PROPOSED CITY PROJECT 734 Poll of votes: Ayes - Bunce, Collins, Hassenstab, Priebe. Nays - None. Abstain -- Ludeman. Carried. This resolution appears as Resolution No. 6386 in Resolution Book No. 46. 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. 6387 RESOLUTION RECEIVING PRELIMINARY REPORT AND CALLING PUBLIC HEARING ON PROPOSED. CITY PROJECT 734 Po11 of votes: Ayes _- Bunce, Collins, Hassenstab, Ludeman, Priebe. Nays - None. Carried. This resolution appears as Resolution No. 6387 in Resolution Book No. 46. 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. 6388 RESOLUTION PROPOSING TO PROVIDE ALLEY REPAIR AND TO ASSESS THE COST-THEREOF AS A CURRENT SERVICE AGAINST BENEFITED PROPERTY Poll of votes: Ayes - Bunce, Collins, Hassenstab, Ludeman, Priebe. Nays - None. I Carried. This resolution appears as Resolution No. 6388 in Resolution Book No. 46. Council Meeting Minutes -5- February 23, 1981 6. Approval of Purchase of Adams Property City Manager Nollenberger reviewed action taken by the HRA relating to expansion of the Lyndale Garden Center. He adirised that the HRA had adopted two resolutions relating to acquisition of the Adams property, and he recommended that the city council .also take action setting just compensation and authorizing the staff to initiate eminent domain proceedings and quick-take procedure to acquire this property. Community Development Director Dennis Kraft presented sketches of the proposed development and property acquisition. 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. 6382 RESOLUTION ESTABLISHING JUST COMPENSATION FOR ADAMS PROPERTY Poll of votes: Ayes - Bunce, Collins, Hassenstab, Ludeman, Priebe. Nays - None. Carried. This resolution appears as Resolution No. 6382 in Resolution Book No. 46. 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. b383 RESOLUTION AUTHORIZING THE ACQUISITION OF ADAMS PROPERTY BY EMINENT DOMAIN PROCEEDINGS AND AUTHORIZING THE EXECUTION OF A JOINT ACQUISITION AGREEMENT Poll of votes: Ayes - Bunce, Collins, Hassenstab, Ludeman, Priebe. Nays - None. Carried. This resolution appears as Resolution No. 6383 in Resolution Book No. 46. 7. Services Contract with Orr-Schelen-Mayeron Associates, Ordering Preliminary Report on Lyndale Avenue, 67th Street to I-494 Permanent Street Improvement Project City Manager Nollenberger presented a contract with Orr-Schelen-Mayeron Associates that outlines the scope of services and specifies a fee schedule but does not authorize any work or expenditures. He .indicated that, under this contract, Council Meeting Minutes -6- February 23:, 1981 a letter of authorization will be required from the city to authorize OSM's services for any specific project. He recommended that OSM be engaged under this procedure to provide engineering services related to the Lyndale Avenue, 67th Street to I-494 Street improvement project, scheduled in 1982. The City Manager recommended that the council adopt a resolution ordering preparation of the preliminary engineering report for the Lyndale Avene Project. Councilmember Hassenstab said he wished to abstain if the firm he represents would present a conflict of interest. No one had any objection. Motion by Hassenstab, 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. 6384 RESOLUTION ORDERING PRELIMINARY REPORT ON.PROPOSED CITY PROJECT 757, LYNDALE AVENUE, 67TH TO 494, STREET IMPROVEMENT PROJECT Poll of votes: Ayes - Bunce, Collins, Hassenstab, Ludeman, Priebe. Nays - None. Carried, This resolution appears as Resolution No. 6384 in Resolution Book No. 46. 8. Legislative Policies City Manager Nollenberger presented a brief summary of the city`s recommended policy stand on legislation that will likely be before the legislature in its present session - Industrial Revenue Bonds, State and Local Pension Systems, Community Development Block Grant, Housing Mortgage Revenue Bonds and Revenue Procedure 80-55. Motion by Ludeman, seconded by Hassenstab to approve the recommended policy stand on these legislative issues. All ayes - Carried. I 1 Council Meeting Minutes -7- February 23, 1981 9. Request for Approval of Final Development Plan and Off-Street Parking Permit, Lyndale Garden Center Community Development Director Dennis Kraft reviewed Lyndale Garden Center's . building-plans and their request for approval of a final development plan and off-street parking permit. He presented the recommendations of the staff for council • approval of the final development plan,. subject to the following stipulations, as outlined i_n Council Lefter No. 65A: a.~. That the final design details of all signs, landscaping., fencing, exterior lighting, and renovation of the printshop building be approved by the city staff; _ b. That five additional parking. spaces be provided to maintain the same ratio of off-street parking to gross building floor area: as was shown in the PUD plan. c. That a final plat be submitted for council approval by December 15, 1981. Charles Adams, Jr., representing the estate of Charles Adams, Sr., said he felt the city was considering negative aspects and that the lot adjacent to Lyndale Garden Center. would provide the needed parking. He was informed that this lot is outside of the L1H/N boundary, and that state legislation virtually prohibits the city from expanding the project boundaries to include that area. David Runyan, 2412 Valenti~te Avenue, St. Paul, architect for Lyndale Garden Center, responded to council questions. He confirmed that his client was aware that parking on Lyndale Avenue will be eliminated. in 1982. • Motion by Bunce, seconded by Ludeman to approve the final development plan subject to the three stipulations recommended by the staff. All ayes - Carried. Motion by Bunce, seconded by Ludeman that the following resolution be adopted; that it be spread in the .resolution book and that it be made a part of these minutes: Council Meeting Minutes -8- February 23, 1981 RESOLUTION N0. 63$5 RESOLUTION APPROVING LAYOUT AND CONTRACT FOR OFF-STREET PARKING IN ACCORDANCE WITH - .APPLICATION N0. 81-1, CONTRACT N0. 233.1 Name: Lyndale Garden Center Address: 6412 Lyndaie Avenue Use:- Garden. Center Poll of votes: Ayes - Bunce, Collins, Hassens~ab, Ludeman, Priebe. Nays - None. Carried. This. resolution appears as Resolution No. 6385 in Resolution Book No. 46. CONTINUED SPECIAL ASSESSMENT HEARING CP 705 The council adjourned at 9:15 p.m. and reconvened at 9:25 p.m. to continue the February 17, 1981 reconvened special assessment hearing for CP 705. Gordon Strom - 6500-38 L ndale Brad Bjorklund, of 0. J. Janski & Associates, Inc., stated-that it was the opinion of their firm that this property would receive an increased benefit of $64,000,. as a result of the L/H/N improvement. Adams Property - 6329-35 Aldrich Brad Bjorklund, representing 0. J. Janski. & Associates, Tnc., stated that it was the opinion of their firm that this property would receive an increased benefit of $3,500, as a result of the. L/H/N project. Mr. Thompson, attorney, representing Mr. Strom, spoke on his behalf Mr. Charles Adams, Jr., spoke to the question of benef it: to his property. He said that he felt the appraisal on his property was just conjecture with no proof for basis of fact. City Attorney LeFevere_summarized the options available to each apellant following this hearing; an appeal-may be made within 30 days after the hearing; a motion to reopen the hearing may be made within 35 days after -the hearing; and the appellant has 60 days in which to submit findings of fact. Council Meeting Minutes -9- February 23, 1981 Motion by Ludeman, seconded by Bunce to conclude the formal testimony and close the hearing. All ayes - Carried. ~. ,.5 RESUMPTION OF REGULAR CITY COUNCIL MEETING The city council reconvened the regular meeting at 10:30 p.m. 10. Consent Calendar Motion by Ludeman, seconded by Hassenstab that the following items be approved: A. Setting. Date of Hearing for Renewal of Wine Licenses - CL 65 Set March 23, 1981 to consider renewal of on-sale wine Licenses for Shakey's Pizza and Fireside Pizza. B. Fees and Charges - Golf Course - CL 60 Approve the following fee structure for Richfield School District high school 1 golf team(s): I. Golf team players be charged the same amount as junior and senior citizens (with permits), currently $3.50 for the 18 hole regulation course and $1.75 for the Par-3 course; 2:. These golf team rates apply only before 3:00 p.m. on weekdays; 3. The players be allowed to purchase a large bucket of balls ($2.00) at the price of a small bucket of balls ($1.00), for the driving range; 4. These rates-apply only during the school season. 18 holes - $3.50 9 holes - $2.50 Par-3 - $1.75 C. .Ordinance Authorizing Permanent Transfer from PIR Fund. First Reading. - GL 55 _ ___ -~ -Bill 1981-6-, "Amendment to Section 12.18, Subdivision 3 of the Ordinance Code of the City of Richfield." Second reading scheduled. for March 23, 1981. D. Amendment to Fire Relief Association Bylaws - CL 52 Approve the amended Fire Relief Association Bylaws. Council Meeting Minutes -10- - February Z3, 1981 E. Resolution Authorizing Expansion of Self-Insurance Fund - CL 56 - RES0I,UTION N0. 6389 , RESOLIIfiION AMENDING THE TRUST AND AGENCY FUND- FOR SELF-INSURANCE OF WORKERS' COMPENSATION AWARDS AND COSTS TO PROVIDE FOR PAYMENT OF UNEMPLOYMENT COMPENSATION CONTRIBUTIONS • AND OTHER UNINSURED. LIABILITIES F. Purchases in Excess of $1,.000 - CL 54 Fireworks Authorize the purchase of $3,000 for fireworks from Arrowhead Fireworks Co.,-Inca -Heat Exchanger Authorize the purchase of a heat exchanger from Holmsten Ice Rinks, Inc. in the amount of $1,446, plus. an estimated $200 for assembly parts. G, .Minutes, Tabulation, Award of Contracts Qne-Ton Trucks - CL 53 Award contract for-the purchase of two one-ton txucks to GMG Truck and Coach Division in the amount of $19,544. H. Claims and. Payrolls RICHFIELD BANK & TRUST Checks 1749/50968. General $454,125.78 Checks 67972168307 Payroll. 186,557.60 ~,. SUMMIT STATE BANK Checks 63155/63178 $984.508.75 I. Payments and Estimates Henry 0. Mikkelson, CP-692, 86% complete - Estimate ~~3, City Garage Renovation $3_z690 _ ; Sebesta Construction, CP 749 - Estimate ~4,.$13,02b.27 - Adams Hi11 site construction A11 ayes-- Carried. Council Meeting Minutes -I1- February 23, 1981 ~, 11. Discussion Nat on Agenda City Manager Nollenberger advised the council of a smaY1-piece of property that is surrounded by Wood Lake Nature-Center property which the city may wish to acquire. Motion by Ludeman, seconded: by Hassenstab to authorize acquisition of this property. A11 ayes - Carried. 12. Adjournment Motion by Ludeman, seconded by Bunce that the meeting. adjourn. A11 ayes - Carried. Time: T0;30 p.m. Date Approved; .March 9, 1981 9 ald J.~Prie Mayor 'Karl Nollenberger City Manager Syl a. K.-Bergh City C