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04-27-1981CITY OF RICHFIELD Council Meeting .April 27, 1981 The City Council of the City of Richfield met in regular session in the council chambers of the City Hatl on Monday, April 28, 1981, at 7:00 p.m. The meeting was called to order by Mayor Donald Priebe. Present: Bunce, Collins, Hassenstab, Ludeman, Priebe Rev. Dan Walter, pastor of Richfield Evangelical Free Church, gave the in- vocation. Boy Scounts and Cub Scouts from Troop 262, under the leadership of scout master Doug Wells, presented the colors and led the Pledge of Allegiance. Mayor - Priebe presented the scouts certificates of appreciation in recognition of their participation in the meeting. 1. Minutes Motion by Bunce, seconded by Collins that the minutes of the regular meeting of April 13, 1981, be approved. Poll of votes: Ayes - Bunce, Collins, Ludeman, Priebe. Abstain - Hassenstab. Carried. Motion by Bunce, seconded by Collins that the minutes of the special council meeting of April 20, 1981, be approved. All ayes - Carried. 2. Presentation of 1980 City of Richfield Financial Statements City Manager Nollenberger introduced Administrative Services Director Joyce Wilde, who presented a summary of the financial condition of the city in Light of Governor Quie's proposed budget restrictions. 3. Status Report on Liquor Licensing of the Left Guard Corporation, Inc. Public Safety Director Tom 1Korgari reviewed the five safety issues, as outlined in Council Letter No. 133, that had led to the city council issuing the Left Guard Council Meeting Minutes -2- April 2i , 1981 Corp., Inc, a provisional liquor license on January 12, 1981. He indicated that the Left Guard has made significant. progress toward correcting all of the concerns identified by the staff. Mr. Michael Larkin, manager of the establishment,lspoke on behalf of his employer and expressed their continued cooperation in complying with the issues raised at the license renewal hearing. Motion by Bunce, seconded by Hassenstab to continue this licensure for the remainder of 1981 and approve the memorandum of understanding between the City of Richfield and the Left Guard, Inc. All ayes - Carried. 4. Opportunity for Members of the Audience to Address the Citv Council Richard Blevins, 7539 Washburn Avenue, asked for more information on the May 26, 1981 public hearing regarding widening of Lyndale Avenue. 5. Approval of Agenda Mayor Priebe asked that the item of city hall security be ad"ded to the agenda. Motion by Bunce, seconded by Collins to approve the agenda. All ayes - Carried. 6. Request for Special Use Permit to Construct a Day Care Center at 609 West Mr. .Terry Kamps, developer of the building for the Especially for Children Day Care Center, said he was reluctantly withdrawing the request for special use permit. Ms. Priscilla Williams, of Espec-sally for Children, stated that because of the extreme overreaction and obvious hostility of the neighbors, they would not force themselves where they were not wanted. Sue Sandahl, 7601 Bryant, representing the Richfield DFL, spoke in support of the day care center and outlined her support for more child care alternatives. A11an Anderson, 7333 Garfield,-spoke on behalf of his neighborhood and said he saw no real need for this type of facility in the community. Council Meeting Minutes -3- April 27, 1981 _ Sue Sarver, 7345 Wentworth, Chairman of Southwest Daycare Center, indicated she would be willing to assist the council in a further needs assessment. Councilmember Collins staid she sees a need for this type of service and that she is sorry that the needs of parents are not being responded to. Mayor Priebe said he agreed with Ms. Collins .and reiterated the need for attracting young families into Richfield. 7. Public Hearing for A11ey Paving Pro_ect CP 7341, 7342_ (_N_icollet - First Avenue, 71 - 72nd Street; Clinton and Third Avenue, 66th - 67th Street; Stevens and Second Avenue, 71 - 72nd Street) City Manager Nollenberger introduced the public hearing on improvement of the following alleys: Between From To Nicollet and First Avenues 71st Street 72nd Street Clinton and Third Avenue 66th Street 67th Street Stevens and Second Avenue 71st Street 72nd Street 1 City Engineer Michael Eastling addressed the council and reviewed the proposed alley improvements with flip charts. Ambrose Arnold, 6628 Clinton, asked who determines whether the resurfacing will be done in concrete or asphalt. Mayor Priebe responded that it was determined through the bidding process. 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. 6418 RESOLUTION ORDING THE PERMANENT ALLEY IMPROVEMENTS ON THE FOLLOWING ALLEYS (Clinton & 3rd Avenue; Stevens & 2nd Avenue Poll of votes; Ayes - Bunce, Collins, Hassenstab, Ludeman, Priebe. Nays- None. Carried. This resolution appears as Resolution No. 6418 in Resolution Book No. 46. Council Meeting Minutes -4- April 27, 1981 Mr. Eastling made comments concerning the Nicollet alley situation-which is commercial and residential. This alley was included in the proposed improvement project by council action. Mr. Lamand Kopesky,.1208 W. :3rd Street, representing Wooddale Baptist Church" which abuts a portion of the alley, said they were desirous of being good neighbors and although the church would not pick up the-100% assessment, they pledged to pay for maintenance of the entire alley for the duration of their stay at that location. Mrs. Dennis O'Brien, 7124 Ist Avenue, said the alley's deterioration was caused by heavy traffic caused by church activities and she felt the residents deserved a new alley. " George Tellgren, 6937 Upton, and Mrs. Ted Nordstrom, 7141 Nicollet, asked questions about the rates and remarked about traffic and illegal parking. Motion by Bunce, seconded by Collins to close the hearing. All ayes - Carried. Councilmember Ludeman indicated that he wished to abstain from voting because he is a member of Wooddale Church. Motion by Hassenstab, seconded by Bunce to allow Mr. Ludeman to abstain from voting. All ayes - Carried. 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. 6419 RESOLUTION ORDERING THE PERMANENT ALLEY IMPROVEMENT ON THE FOLLOWING ALLEY (Nicollet and First Avenue) Poll of votes: Ayes - Bunce, Collins, Hassenstab, Priebe. Nays - None. Abstain - Ludeman. Carried. This resolution appears as Resolution No. 6419 in Resolution Book No. 46. - - Council Meeting Minutes -5- April 27, 1981 8. Location of Softball Fields far West Richfield Girls Softball City Manager Nollenberger introduced the. discussion relating to location of girls softball playing fields at Monroe Park or relocation to Donaldson Park. Community Services Director Don Fondrick reviewed the historical background and development of the park system. Paul Fjar, president of Brauer & Associate Architects, reviewed safety factors and concerns that need to be taken into consideration in park development. The city manager explained the limited warranty deed which .contains a number of covenants which were conditions added to the transfer of the Donaldson Park property from Allied Stores to the City of Richfield. One of the covenants is that only one-third of the park may be used for athletic playing fields. Arnie Odefey, director of West Richfield Girls Softball League, reiterated the league's position. He said safety was a major concern; that it would be dangerous to have softball near baseball; and that he did not support moving girls softball to the Donaldson site. A large representation of interested residents were in the audience, and a number voiced their concerns. The following persons spoke in favor of girls softball at Monroe Park: Irving Paszkieivicz, 6721 Irving Mary Haws, 6644 Irving Tammy Hyde, 6732 W.Pleasant Lori Schalschneider, 6332 Thomas Steve Robinson, 7309 James LaVonne Applebaum, 6650 Newton Robert Hall, 7309 Oliver Russ Schueller, 75.19 Girard Stacey Butterfield, 6809 Washburn David Arnold, 7209 Knox Richard Ziemer, 6229 Xerxes George Tellgren, 6937 Upton Gordon Larson, 6841 Washburn The following persons spoke in favor of moving girls softball to Donaldson Park: Council Meeting Minutes -6- April 27, 1981 Stan_Christianson, 6644-Logan Jerry'. Brackett, 7320 Logan (Presented petition C-99.69) Arthur Nelson, 6639 Knox Tim Lindgren, 6612 Knox (Presented petition C-9968) Lydell Feist, formerly of 6645 Knox Jean Hellen, 6700 Irving Karen Skwira, 6611 Knox John Ashlund, 6607 Knox Ralph Hyde, 6732 Pleasant John Simacek, 7538 Logan, speaking as a former member of the Planning Commission, said the plans of 1969 are being .changed unfairly. Ron Graham, 6745 Newton, asked the council not to decide on emotions, petitions, and outbursts, but to consider future ramifications. Councilmember Ludeman said he was disappointed with the consultant recommendation and that he was in favor of leaving girls softball at the Monroe Park site. Councilmember Bunce said promises from the city. have been broken; that he was concerned about the deed to Donaldson park and asked that the staff research it. Mayor Priebe said it will be a difficult decision to make as the city has incurred an obligation to the Monroe-Fairwood neighborhood. He felt that the city is obliged to find .another site and that Donaldson Park seemed a viable site. Councilmember Hassenstab said that inasmuch as he is a new member of the city council, he will not make a decision until he has researched the situation more. Councilmember Collins said she agreed with Mayor Priebe that the council does have a commitment to the neighbors. She praised the staff for their efforts and involvement and expressed concern for the. covenant. Motion. by Bunce, seconded by Collins to delay a decision on this item until legal issues are resolved with the covenant in the warranty deed from Donaldson's. Poll of votes: Ayes - Bunce, Collins, Hassenstab, Priebe. Nays - Ludeman. Carried, City Attorney LeFevere said that he was hopeful that correspondence could be exchanged with the Donaldson parent company by the-next council meeting as the city needs firm assurance to proceed. Council Meeting Minutes -7- April 27, 1981 Former mayor Loren Law, 7220 York Avenue, Edina, said he was speaking as a Richfield taxpayer and that he objected to the broken promises claim of Mr. Bunce. He defended the actions of the former council when he was mayor. John Oster, 7314 Knox, said he would be contacting the Donaldson Co. attorneys. The council recessed at 11:05 p.m. and reconvened at 11:25 p.m. 9. Recommendation for Removal of Traffic Signal at the Intersection of East 70th Street and 12th Avenue and Installation of Two-Way Stop Sign at That Intersection City Manager Nollenberger reviewed traffic study information that had resulted in the staff recommendation to remove the traffic signal at East 70th Street and 12th Avenue, near East Middle School and Elliott Elementary School. The original recommendation to remove the traffic signal emanated from the Planning Commission in their review of the 1982-1987 Capital Improvement Program. City Engineer Mike Eastling clarified semaphore costs and answered council questions. Cheryl Thurber, 6720 18th Avenue, presented a petition (C-9970) indicating opposition to the removal of the traffic signal. Mr. R. Ho11, 6432 Irving Avenue, teacher and safety director at Elliott School, and Ms. Genevieve Orr, principal of Elliott School, both spoke of the need for a semaphore for the protection of children of Elliott School and East Middle School. Also appearing and speaking in favor of retaining the signal were the following: Sue Tutewohl, 6945 Elliot Frank Riley, 6915 Portland Greg Law, 70':15 12th Avenue Loren Law, 7720 York, Edina Shirley Johnson, 7609 12th Avenue Barb Louis, 6300 4th Avenue Betty Poehler, 6525 Standish Heidi Law, 7015 12th Avenue Roxanne Clinite, 6744 10th Avenue Richard Blevins, 7539 Washburn, said he wishes to have stop lights eliminated completely. He cited the Energy Awareness Committee findings and urged schools to share the cost. Council Meeting Minutes -8- April 27, 1981 Motion by Ludeman, seconded by Collins to keep the existing traffic signal at the intersection of East 70th Street and 12th Avenue South. All ayes- Carried. 10. Proposed Noise Ordinance. First Reading. Bill 1981-9, "An Ordinance Relating to Noise and Noise Generating Activities, Amending Chapter X of the Ordinance Code of the City of Richfield by Adding a New Section Thereto and Repealing Certain Provisions of Chapters V, VI, IX and X of the Code", was read and reviewed by Clayton LeFevere, City Attorney, the same being on file in the office of the city clerk. (C-9971) Motion by Ludeman, seconded by Hassenstab that this constitute a first reading of Bi11 1981-9; that it be published in the official newspaper and that second reading of this ordinance amendment be scheduled for May 26, 1981. Poll of votes: Ayes - Bunce, Collins, Hassenstab, Ludeman, Priebe. Nays - None. Carried. 11. Minutes, Tabulation of Bids and Award of Contract, Community Center Improvements Elevator Installion City Manager Nollenberger reviewed the bids received for installation of an elevator at the Community Center. He recommended that the city council award the bid to the low bidder, Gem Construction Inc. The city manager noted that if the base bid and the four alternatives were accepted, the total project would be $89,151, or $9,151 more than budgeted and he recommended that $10,000 additional be appropriated to City Project 764 from the Special Revenue Fund. Motion by Ludeman, seconded by Bunce to accept the bid minutes and tabulations and award the contract to Gem Construction Inc. to include base bid and four alternates for a total amount of $83,351. All ayes - Carried. Bill 1981-10, "Transitory Ordinance No. 16.78, an Ordinance for the Expenditure Council Meeting Minutes -9- April 27, 1981 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-9972) Motion by Ludeman, seconded by Bunce that this constitute a first reading of Bill 1981-10; that it be published in the official newspaper and that second reading of this ordinance amendment be scheduled for May 26, 1981. Poll of votes: Ayes - Bunce, Collins, Hassenstab, Ludeman, Priebe. Nays - None. Carried. 12. Recommendation to the Commissioner of Highways for the State of Minnesota that the Contract for CP 7052 (Lyndale Avenue from 64th Street to Lake Shore Drive) be Awarded to Progressive Contractors City Manager Nollenberger reviewed bids for CP 7052, reconstruction of Lyndale Avenue from 64th Street to Lake Shore Drive. He recommended that the council accept the low bid provided by Progressive Contractors, Inc. in the amount of $68.6,973.7. Motion by Ludeman, seconded by Bunce to recommend to the Minnesota Commissioner of Highways that the bid for CP 7052 be awarded to Progressive Contractors, Inc.. All ayes - Carried. 13. Discussion of Alternative Means for Financing Storm Sewer and Drainage Improvements Motion by Bunce, seconded by Hassenstab to defer consideration of this item to May 11, 1981. A11 ayes - Carried. 14. City Manager's Salary Mayor Priebe requested city council consideration of the city manager's salary and payment of dental insurance and increase in disability insurance. Richard Blevins, 7539 Washburn Avenue, asked about evaluation of the city manager by the city council in terms of effectiveness and job performance. Mayor Priebe outlined .the review process of the city manager. Council Meeting Minutes -10- April 27, 1981 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. 6420 RESOLUTION ESTABLISHING 1981 COMPENSATION FOR CITY MANAGER Po11 of votes: Ayes - Bunce, Collins, Hassenstab, Ludeman, Priebe. Nays - None. Carried. This resolution appears as Resolution No. 6420 in Resolution Book No. 46. 15. Consent Calendar Motion by Collins, seconded by Ludeman that the following consent items be approved: A. ~reement with Richfield Swim Club for Use of Municipal Swimming Pool - CL 130A Authorize an agreement with the Richfield Swim Club providing for closing of the municipal outdoor pool on July 11 and July 12, 19.81, to enable the Richfield Swim Club to host a competitive swimming meet at the pool. B. Purchase in Excess of 1 000 - CL 141B Storecards Authorize the purchase of 30,000 scorecards, complete, from Colormaster Press, Inc., in the amount of $1,660. Greens Sotl Mix Authorize the purchase of 145 yards of greens soil mix at $15 per yard from Leitner, Inc., for a total purchase price of $2,175. Bleachers Authorize the purchase of 4 sets of bleachers for East Richfield Little League at a-unit price of $646.80 from Earl F. Anderson & Associates, Inc. for a total purchase price of $2,587.20. Bathhouse Locker Room Partitions Authorize the purchase of specified panels or partitions and related materials Council Meeting Minutes -11- April 27, 1981 and supplies such as posts, bracing, mounting pilasters, benches and mounting angles from Harris-Billing Company in the amount of $3,557. Bathhouse Painting Authorize the purchase of paint from Olympik Construction Company in the amount of $3,403. (City .Project 755) Swimming Pool Paint Authorize the purchase of swimming pool paints from R. E. Mooney and Associates, Inc. for a total estimated cost of $1,720.20. . Christian Park Tot Lot - Authorize purchase of tot lot equipment from Earl F. Anderson & Associates, Inc. in the amount of $3,755. This will be paid with remaining funds in City Project 719. Sheridan Park Tot Lot Authorize purchase of tot lot equipment, identical to that proposed for Christian Park, from Earl F. Andersen & Associates, Inc. in the amount of $3,755. Funding is available in City Project 751. C. Appointments Board of Review - CL 139C ' RESOLUTION N0. 6421 RESOLUTION CONFIRMING CITY MANAGER'S APPOINTMENT OF TWO RESIDENT MEMBERS - TO BOARD OF REVIEW D. Preliminary Engineering Report Setting Date of Hearing for Lyndale Avenue Street Improvements, Lake Shore Drive to 74th Street - CL 135D RESOLUTION N0. 6422 RESOLUTION RECEIVING PRELIMINARY ENGINEERING REPORT AND GALLING FOR A PUBLIC HEARING FOR PROPOSED CITY PROJECT 757 (May 26, 1981) Council Meeting Minutes E. Claims and Payrolls RICHFIELD BANK & TRUST Checks 1869/51866 General Checks 69950/70323 Payroll $ 442,289.57 190,303.48 SUMMIT STATE BANK Checks 69344/69371 $1,208,048.64 All ayes - Carried. 16. City Hall Security Mayor Priebe discussed laxity in security in the licensing area in light of recent theft of food stamps and asked for an audit of the area. He also said that there was a need for formalized procedures. 17. Ad3ournment Motion by Ludeman, seconded by Bunce that the meeting adjourn. All ayes - Carried. Time: 12:40 a.m. April 28, 1981. Date Approved: May 11, .1981 Sy a K. Bergh City C k -12- April 27, 1981 P o d J. Pri a Ma r ~~ ~~.~,,~ Karl Nollenberger City Manager 1 - ,__.. ~ _-.1__.~. ~.._ _F_. _, -~ __ ._ ,_ -_ ~_L ~~- ,..~..~....a_~.._~-- ~--