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03-09-1981CITY OF RICHFIELD Regular Meeting March 9, 19$1 The City Council of the City of Richfield. met in regular session in the council chambers of the city hall on Monday, March 9, 1981 at 7:00 p.m. The meeting was called-to order by Mayor Donald Priebe. Father Donald Dumer of Assumption Catholic Church led the invocation. The Presentation of Colors was led by eleven Campfire Adventure girls from Lincoln Hills School. The troop presented a cake to Mayor Priebe in recognition of the 71st anniversary of Camp~Fire Girls and Mayor Priebe presented certificates to the girls. Present: Bunce, Collins, Ludeman, Priebe Absent: Hassenstab (Arriver at 7:35 p.m.) 1. Minutes Motion by Ludeman, seconded by Collins that the minutes of the special meeting of February 17, the reconvened special assessment hearing of February 17, and the regular meeting of February 23, 1981 be approved as presented.. All ayes - Carried. Absent - Hassenstab. 2. Report on Activity_of Hennepin County Solid Waste Site Selection Process Mr. Don Sweden, a volunteer working on the site selection process for Hennepin County, reviewed the activities of the Hennepin County Solid Waste Site Selection process and responded to questions from the council and audience. 3. Opportunity for Members of the Audience to Address the City Council Gordon McKinnon, 7308 Upton Avenue, relayed information about Adams Hill Park construction site. Councilmember Hassenstab arrived at 7:35 p.m. Lemand Konesky, 1208 W. 73rd Street, representing Wooddale Baptist Church, asked questions regarding Item 14D, Additions to the A11ey Paving Project CP-7341, Council Meeting Minutes -2- March 9, 1981 of the Consent Calendar. He asked that this item be removed from the consent calendar. The council agreed to discuss the matter at the appropriate-time. 4. Public Hearing for Street Li~htin~ Froiect on Penn; Nicollet and Portland Avenues City Manager Karl Nollenberger reviewed the city street lighting p~~icy for arterial streets, which proposes-light installation for Penn, Nicollet and Portland Avenues. He said that additional lighting was proposed for-these streets because there is no midblock lighting, despite the fact these streets have a high volume of traffic. City,Engineer Michael Eastling presented a map showing the areas designated for street lighting. He said-that low pressure sodium lights- will be installed which will result in substantial energy and dollar savings to the city. Ae cited the results of a test installation of these LAS type lighting on Lyndale Avenue between 74th Street and 77th Street and on Cedar Avenue between 66th Street .and 76th Street. The following individuals appeared and spoke regarding the .proposed street lighting project.: Barry Marks, 7021 Portland Eloise Brandel, 7105 Portland Michelle Dean, 7638 Nicollet Bob Geiger, 7321 Portland Eugene Smola, 7444 Nicollet Frank Riley, 6915 Portland Wendy Brown, 6810 Portland, presented a letter expressing opposition to additional lighting on Portland Avenue. (C-9958) Motion by Bunce, seconded by Hassenstab to close the hearing. All ayes - Carried. Motion by Bunce,. seconded by Collins that the following resolut-ion be adopted; that it be spread in the resolution book and that it be made a part of these minutes: Council Meeting Minutes -3- RESOLUTION NO. 6390 March 9, 1981 RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS-FOR CITY PROJECT 761 Poll of votes: Ayes - Bunce, Collins, Hassenstab, Ludeman, Priebe. Nays - None. Carried. This resolution appears as Resolution No. 6390 in Resolution Book No. 46. 5. Request for Special Use Permit, 7750 Morgan Avenue (Withdrawn) City Manager Nollenberger advised that the applicant had withdrawn his request for a special use permit to operate a restaurant at this site. Motion by Ludeman, seconded by Hassenstab to close the hearing. All ayes - Carried.. Motion by Ludeman, seconded by Bunce to acknowledge the withdrawal of this ~J request for special use permit. All ayes - Carried. 6. Request for Variance to Reduce the Side-Yard Setback, 7200 Park Avenue City Manager Nollenberger presented the request for-variance of Robert and Renee Small, to reduce the required side street side yard setback of 30 feet to 14.02 feet to~allow an addition 16' x 14' to their present home. He noted the manager's and planning commission recommendation for approval of a variance of 15 feet for a side yard setback, as outlined in Council Letter No. 71. Mr. Small, 7200 Park Avenue, spoke on his own behalf. Motion by Ludeman, seconded by Collins to close the hearing. All ayes - Carried. Motion by Ludeman, seconded by Bunce to grant a variance for a 15 foot side yard setback for 7200 Park Avenue. All ayes - Carried. 7. Transitory Ordinance Providing for the Vacation of Pillsbury Avenue Between 65th Street and 66th Street. Second Reading. Council Meeting Minutes -4- March 9, 1981 City Manager Nollenberger advised that United National Corporation has requested an indefinite deferral of this transitory ordinance providing for vacation of Pillsbury Avenue._ The applicant indicated they do not feel they can complete Phase 2 site improvements within one year .after the vacation, as required due to the problems with Sibley's, Burger King and the recent fire. The city manager recom- mended that the city council continue this hearing to-May 11,:1981. Motion by Ludeman, seconded by Collins to cantine the hearing to May 11, 1981, and if United National Corporation is not ready to proceed at that time, to terminate all action on this vacation ordinance. All ayes - Carried. The council recessed at 8:30 p.m. and reconvened at 8:45 p.m. 8. Transitory Ordinance Providing for the Vacation of the Portion of Circle Place Immediately South of the Lyndale Hardware Building at 6bth Street and Lyndale Avenue.. Second Reading. City Manager Nollenberger presented a transitory ordinance providing for vacation of a portion of Circle Place, as requested by Lyndale Hardware, for council second reading consideration. 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 Bunce, seconded by Ludeman to close the he aring. All ayes - Carried. Motion by Ludeman, seconded by Collins that this constitute a second reading of Bill 1981-5; 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. ~J Council Meeting Minutes -5- 9. Amendment to Off-Street Parking Contract,. Lyndale Hardware March 9, 1981 City Manager Nollenberger advised the city council that, as a result of their giving second reading to the transitory ordinance vacating the north 26 feet of Circle Place, it would be necessary to approve a revised off-street parking layout for Lyndale Hardware to include the additional parking in the vacated portion of Circle Place. The city manager indicated that the revised layout will result in 23 additional parking stalls. Motion by Ludeman, seconded by Collins to approve the revised parking layout and authorize the revised site plan to be made apart of the off-street parking agreement between the city and S ~ M Corporation. All ayes - Carried. 10. Transitory Ordinance Relating; to Vacation of SArea bounded by Nicollet Avenue, Blais-dell Avenue Church Property.) Second Reading on Block 1 Oaklane Addit Street and St. Peter's City Manager Nollenberger presented a transitory ordinance providing for.-the vacation of an unimproved alley for council second reading consideration. 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 Hassenstab to close the hearing. All ayes - Carried. Motion by Ludeman, seconded by Hassenstab that this constitute a second reading of Bi11 1981-4; that it be published in the official newspaper and that it be made a part of these minutes. Po11 of votes: Ayes - Bunce, Collins, Hassenstab, Ludeman, Priebe.- Nays - None. Carried. Council Meeting Minutes ~6- March 9, 1981. Community Development Director Kraft listed the following sidewalk improvement _ areas .that have been recommended to be .included in the 1981 Sidewalk Construction Project, as outlined in Council Letter No. 77: 1. East side of~Nicollet Avenue from Crosstown Highway 62, south 700 feet. 2. Nicollet Park, Stevens Avenue to Nicollet Avenue on north side adjacent to Crosstown 62. 3. Little Bob's Park, 67th Street and Harriet/Garfield Avenues. 4. 66th Street, Nicollet Avenue to Pillsbury Avenue. 5. Miscellaneous sidewalk repair, subject to availability of financing. 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. 6392 RESOLUTION ORDERING ADDITIONAL SIDEWALK IMPROVEMENTS - CITY PROJECT 727 Poll of votes: Ayes - Bunce, Collins, Hassenstab, Ludeman, Priebe. Nays - None. Carried. -This resolution appears as Resolution No. 6392 in Resolution Boak No. 46. 12. Kennel License Application, 6703 - 18th Avenue City Manager Nollenberger reviewed a reiaspection of property at 6703 - 18th Avenue made by the health inspector, relating to application for a kennel license, as requested by the council at the February 9, 1981 meeting. He noted that the staff had recommended denial of this license application. Judy Garcia, 6703 - 18th Avenue, spoke on her own behalf and stated that she felt the inspection presented an unfair description of the situation and that the animals are not allowed to run loose. Bruce Edlund, 6711 - 18th Avenue, next. door neighbor to the Garcias, commended the inspection report and presented a petition to Mayor Priebe (C-9960.) asking that the license be denied, Council Meeting Minutes -7- March •9, 1981 Stacy Garcia, daughter of the applicant, spoke of comp amts to the police by their neighbor. City Attorney LeFevere provided clarification of the ordinance regarding limiting the number of animals within the city. Motion by Ludeman, seconded by Collins to deny this application for a kennel license. Poll of votes: Ayes - Collins, Hassenstab, Ludeman, Priebe. Nays - Bunce. Carried. 13. Approval .of Agreement for Registration of Adams Property City Attorney LeFevere provided background information relative to property owned by Charles and Harriet Adams which has. been in litigation for several years, as a result of the Adams' endeavoring to obtain title to part of Richfield Lake which adjoins their property. The city has been involved in order to protect its right to use the lake bottom for storm sewer ponding purposes and the Adams have objected to this claim by the city. Mr. LeFevere presented. Stipulation No. 17101 (C-9961),. a proposal which is designed to recognize-the right of the city to use the lake bottom for ponding purposes and to allow the Adams to obtain title to the property for council review. Mr. LeFevere responded to council questions. Motion by Ludeman, seconded by Bunce to approve Stipulation No. 17101. All ayes - Carried. 14. Findings of Fact, Tip Top Car Wash City Attorney LeFevere reviewed Findings of Fact compiled`in relation to the January 26, 1981 application for renewal of the business license of Tip Top Car Wash. - Attorney Robert L. Speeter, representing Tip Top Car Wash, provided. a diagram Council Meeting Minutes -$- March. 9, 1981 submitted by Tip Top Car Wash showing how 40 .parking stalls-can be utilized to comply with the ordinance. David Colehour, owner of the car wash., showed. his remodeling plans to the council. He said he plans to expand the operation from 4 to 12 mashing bays. John LaFrance, 6621 .Bloomington, talked about traffic from the car wash and said there was-not adequate space for expansion. Bill Copeland, 6627 - 16th Avenue; said water and light cut-offs have not been closed at 11:00 p.m. as the new ordinance stipulates. Mr. Colehour replied that the late hours were for maintenance work: Henry Thurnau, 6701 Bloomington, stated-.city streets should not have to be used for off-street parking for a car wash. Mr. Colehour responded to complaints and questions of-the audience. City Attorney LeFevere pointed out disparities between Findings of Fact submitted by the city attorney's office and Findings of Fact submitted by Mr. Speeter, legal counsel for Mr. Colehour. Motion by Bunce, seconded by Collins to adopt the Findings, Conclusions and Order as presented by the city attorney and deny renewal of the. license to Tip Top Car-Wash. All ayes - Carried. _ Motion by Ludeman, seconded by Bunce to set the date of July 1, 1981 as the effective date of closure of this business.. Poll of votes: -Ayes - Bunce, Hassenstab, Ludeman, Priebe. Nays - Collins. Carried. Councilmember Collins stated she voted "nay" because she wished to see this establishment closed immediately. 15. Additions to Alley Paving Project, CP 7341 - CL 79(Item No. D ~f Consent Lamand Konesky, 1208 W. 73rd Street, spoke in behalf of Wooddale Baptist Church 1 regarding the proposed alley paving of the area between Nicollet and 1st Avenue [1 Council Meeting Minutes -9- March 9, 1981 from 71st Street to 72nd Street. He said the church would support a yearly maintenance contract for the alley but not a large assessment, as they do not know how long they will remain in their present location. George Tellgren, 6937 Upton Avenue, asked how a "typical assessment" is figured. 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. 6393 RESOLUTION RECEIVING PRELIMINARY REPORT AND CALLING PUBLIC HEARING ON PROPOSED CITY PROJECT 7341 ~~ ul Poll of votes: Ayes - Bunce, Collins, Hassenstab, Priebe. Nays - None. Abstain - Ludeman. Carried. This resolution appears as Resolution No. 6393 in Resolution Book No. 46. Councilmember Ludeman stated he abstained from voting because he is a member of Wooddale Baptist Congregation. 16. Consent Calendar A. Appointments to Energy Awareness Commission - CL _6.7 Dean K. Sturgis, 1400 W. 68th Street Jane Elizabeth Sandstrom, 6415 1st Avenue B. Appointment of Alternate to State Health Advisory Commission - CL 69 David Johnson, 2900 W. 71 1/2 Street C. Release of State Right-of-Way - CL 78 RESOLUTION N0. 6394 RESOLUTION APPROVING THE TRANSFER OF RIGHT-OF-WAY JURISDICTION FOR WEST 62ND STREET BETWEEN ALDRICH AVENUE AND BRYANT AVENUE TO THE CITY OF RICHFIELD E. Purchase in Excess of $1,000 - CL 80 Electric Ball Dispenser Authorize purchase from Wittek Golf Supply Company in the amount of $1,705. Council Meeting Minutes -10- March 9, 1981 Trees Skyline Honeylocust - Authorize purchase of 50 from Bachman`s;J at a unit price of $75, for a total purchase price of $4,450. American Linden - Authorize purchase of 50 from Minnesota Tree= inc. at a unit price of '$72, for a total: purchase price of $3,-600. Sugar Maple - Authorize purchase of 50 from Minnesota Tree, Inc. at a unit price of $82.50, for a total purchase price of $4,125._ Hackberry - Authorize purchase of 50 from Minnesota Valley Wholesale,. Inc. at a unit price of $89, for a total purchase price of $4,450. F. Contract for Field Inspection Services, Lyndale Avenue 64th Street to Lake Shore Drive, Project CP 7052 - CL 81 RESOLUTION N0. 6391 RESOLUTION DESIGNATING ORR-SCHELEN-MAYERON & ASSOCIATES,. INC. AS PROJECT ENGINEER FOR CP 7052, LYNDALE AVENUE STREET IMPROVEMENT, 64TH STREET TO 67TH STREET G. Minutes, Tabulation of Bids and Award of Contract for Dental Insurance - CL 85 RESOLUTION N0. 6395 RESOLUTION ACCEPTING BID AND AWARDING CON~.'RACT TO DELTA DENTAL FOR .- EMPLOYEE GROUP-DENTAL INSURANCE PROGRAM H. Approval of Moving of Dwelling Onto Lot at 6521 Standing - CL 86 Approve moving single family dwelling and garage from its present location at 7944 13th Avenue, Bloomington, to 6521 Standish Avenue. I. Settlement of the Shafer Contract - CP 7050 - CL 87 Authorize payment of $162,416.53 in damages to Shafer Contracting Co. J. Payment and Estimate Estimate ~~5, general construction Adams-Hill Park, CP 749, Barr Nelson, Inc., 68% complete - $29,326.41 - Council Meeting Minutes -11- K. Claims and Payrolls RICHFIELD BANK & TRUST Checks 68696/69002 Payroll $184,030.20 Checks 1768/51197 General 474,.994.88 SUMMIT STATE BANK Checks 63180/63202 977,417.55 All ayes - Carried. 17. Pro osed Legislative Policies March 4, 1981 City Manager Nollenberger reviewed the City of Richfield's legislative 1 position statements on the following issues related to legislation which may be before the state legislature in its present session: Number 14 - Continuance of Municipal Court in Richfield Number 15 - Proposed State of Minnesota 1982-83 Budget Number 16 - Wine Sales in Grocery Stores Number I7 - Provision for the Regulation and Licensing of Frecious Metal Dealers Number l$ - Shade Tree Disease Funding Number 19 - Regulation of the Zoning of Battered Women's Shelters Councilmember Ludeman expressed opposition to Number 19, SF 151, Regulation of Zoning of Battered Women's Shelters, as it would eliminate the role of local jurisdiction over zoning matters. Mayor Priebe also indicated that he was not the city council adopting Position in favor of/Number 19. The consensus of of the council was that there should be unanimity in the case of a council position on legislation. Motion by Ludeman, seconded by Bunce to adopt these position statements for transmittal to our state legislators with the exception of Number 19. All ayes - Carried. Council Meeting Minutes -12- March 9, 1981 18. Adjournment ' Motion by Bunce, seconded by Collins that the meeting adjourn. All ayes - Carried. Time: I1c55 p.m. Date Approved: March 23, 1981 Sy a K. - Bergh City C ~ ~~®~ Karl NollenbergeT ity Manager 1