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05-26-1981-CITY OF RICHFIELD Regular Meeting ~May.26, 1981 The City Council of the City of Richfield met in regular session in the council chambers of the city hall on Tuesday, May 26, 1981 at 7:00 p.m. The meeting was called to order by Mayor Donald Priebe at 7:00 p.m. Present: Bunce, Collins, Hassenstab, Ludeman, Priebe Rev. Theodore Johns, pastor of Richfield Lutheran Church, gave the invocation. City Manager Karl Nollenberger led the audience in the Pledge of Allegiance. 1. Minutes Motion by Bunce, seconded by Collins to approve the minutes of the regular meeting of May 11, special meeting of May 5, and the concurrent city council/civil service commission meeting of May 18, 1981. All ayes - Carried. 2. Presentation of Award to "Employee of the Quarter" City Manager Nollenberger introduced Charles May, a Community Services Worker at Woodlake Nature Center, who had been selected as "Employee of the Quarter" for the period January - March 1981. Mayor Priebe presented Mr. May with the award. 3. Presentation of Semiannual Commendation Awards, Public Safety Department Public Safety Director Tom Morgan introduced Police Agents Vaughn Lambert and Kenneth Pilcher, recipients of the public safety semiannual commendation award. Mayor Priebe presented Agents Lambert and Pilcher their awards. 4. Opportunity for Members of the Audience to Address the City Council Richard Blevins, 7539 Washburn, asked for alteration of the minutes of April 27, 1981, so that they showed only his specific opposition to the traffic light at 70th Street and 12th Avenue, rather than to all lights. Sylvia Jesse, 6612 Logan Avenue, stated that they are having problems with inchworms and requested that the city spray for them. She submitted a petition (C-9975) supporting this request. This was referred to the city manager for response. Council Meeting Minutes -2- May 26, 1981 Mayor Priebe read a letter received from former Iranian hostage Bruce Laingen (C-9976), thanking the community. for supporting them during their ordeal. 5. Agenda Approval Motion by Hassenstab, seconded by Ludeman to approve the agenda. A11 ayes - Carried. 6. Public Hearing, Lyndale Avenue, Lake Shore Drive to 74th Street Improvements CP 757 City Manager Nollenberger described, in general terms, the proposed improvements to Lyndale Avenue between Lake Shore. Drive and 74th Street. Mike Eastling, city engineer, described the specific improvement plans and the proposed special assessment policy. Fred Amram, 7026 Lyndale, submitted a petition (C-9977) opposing the proposed improvements. Evelyn Skoog, 7421 Aldrich, spoke in support of retaining the semaphore at 73rd and Lyndale, and stated that she felt there was no need for a sidewalk on the west side of Lyndale Avenue. Rev. Ted Johns, 7052 Oak Grove, expressed concern with the large number of young people in the area adjacent to the proposed improvements. Lisa Saunders, 7100 Lyndale, expressed concern with removal of the light at 73rd and Lyndale and that expansion of the road to four lanes would increase the speed of the traffic flow. Tom Bettner, 7301 Lyndale, said that 18 wheel trucks on Lyndale Avenue shake his house and suggested that these vehicles should be banned. Ed Engquist, 7036 Lyndale, suggested that valuation of the adjacent properties would be reduced. Steve Lindgren, 7141 Oake Grove Boulevard, expressed concern regarding the impact of the four lane road on -the Woodlake Nature Center. Council Meeting Minutes -3- May 26, 1981 City Manager Nollenberger described the funding plan for the proposed project. Mr. R. Gilbertson, 6717 Lyndale, spoke in support of widening Lyndale Avenue adjacent to his property. Henry Geerdes, 6817 Lyndale, stated that traffic on Lyndale Avenue is too fast now. Bab Nelson, 7040 Oak Grove Boulevard, spoke in opposition to the proposed project. Barbara Amram, 702b Lyndale Avenue, supported Senator Lindgren's suggestion that some alternative use of the money be found. Robert Hanson, 7013 Augsburg, asked what kind of assessment he would have for the proposed improvements. Lennard Ha11, 7035 Oak Grove Boulevard, and Don Lindvall, 7132 Oak Grove Boulevard, both spoke in opposition to the proposed project. Motion by Bunce, seconded by Ludeman to close the hearing. All ayes - Carried. Councilmembers Ludeman, Hassenstab, Collins and Mayor Priebe spoke in support of the project. Bernie Mittelsteadt, of Orr-Schelen-Mayeron Associates, described some of the historical cost estimates to do this project. Motion by Ludeman, seconded by Collins that the following resolution be adopted with the understanding that the City will seek a variance from MNDOT to achieve the narrowest roadway possible with state fundings and also to seek installation of a semaphore at 73rd and Lyndale; that it be spread in the resolution book and that it be made a part of these minutes: RESOLUTION N0. 6435 RESOLUTION ORDERING THE IMPROVEMENT OF LYNDALE AVENUE, LAKE SHORE DRIVE TO 74TH STREET, AND PREPARATION OF PLANS FOR CITX PROJECT 757 Council Meeting Minutes -4- May 26, 1981 Poll of votes: Ayes - Bunce, Collins, Hassenstab, Ludeman, Priebe. Nays - None. Carried. This resolution appears as Resolution No. 6435 in Resolution Book No. 46. 7. Location of Softball Fields for West Richfield Girls Softball City Manager Nollenberger reviewed the issue before the city council related to location of two softball fields for the West Richfield Girls Softball Association. He told of the staff's attempt to reinterest the West Richfield Girls Association in the West Middle School site and the indication from the Association that they are not interested in that site. Arnie Odefy, 7109 Morgan, spoke in support of the interests of the West Girls Softball Association. George Tellgren, 6739 Upton, expressed concern regarding the use of school facilities for the girls softball program, inasmuch as school use of the fields would delay the association's use of the fields. Jerry Stevens, 6845 Thomas, expressed a feeling that the boys softball program was provided with significantly better facilities than those proposed to be provided for the girls. Ethel Naslund, 7114 Logan, asked what the council decision would be if the school board chooses to not put fields at the Middle School site. The city manager responded that a decision on this matter is expected from the school board by next Monday night. LaVonne Applebaum, .6650 Newton, stated that the association needed guaranteed use of a site for both games and practice. She stated that the essential needs of the association would not be met at the West Middle School site. Motion by Bunce, seconded by Collins to locate the fields at West Middle School, contingent upon permission from the school district, and with the understanding that make-up games and practices be allowed by permit at Monroe Park if they will not fit at West Middle School. f u a Council Meeting Minutes -5- May 26, 1981 Po11 of votes: Ayes - Bunce, Collins, Hassenstab, Priebe. Nays - Ludeman. Carried. The council recessed at 9:45 p.m. and convened at 10:00 p.m. as the Board of Review. 8. Annual Board of Review The Board of Review of the City of Richfield met in the council chambers of the city on Tuesday, May 26, 1981. Mayor Donald Priebe called the meeting to order at 10:00 p.m. Present: Council members Bunce, Collins, Hassenstab, Ludeman, Priebe, resident members Harry Tickner and Harley Witte, and City Assessor Vern Anderson. City Assessor Vern Anderson called on persons who had indicated a desire to appeal their valuation. 7620 Morgan Avenue - Mr. and Mrs. Thomas Mead presented information regarding their purchase of this property for $81,500 in August of 1980. Mrs. Mead stated that she feels- at least $8,000 of-this purchase reflected the value of personal property. The city assessor presented comparative sales data. Motion by Ludeman, seconded by Bunce to set the val~.e of this property at $84,200. All ayes - Carried. 7308 Upton Avenue - Gordon McKinnon requested.a reduction in the valuation of his property because he has less usable private land than comparably valued properties. The city assessor presented comparative sales data. Motion by Witte, seconded by Bunce to sustain the assessor's valuation. All ayes - Carried. 6744 Wentworth - Lawrence Wozniczka appealed the valuation of his property because he has received an appraisal indicating a significantly lower valuation ($80,000) for his property. He submitted a letter (C-9978) outlining his position. Council Meeting Minutes -6- May 26, 1981 Motion by Tickner, seconded~by Witte to sustain the assessor's valuation. All ayes - Carried. 6825 Elliott Avenue - The city assessor read a letter from Rev. Tilman Amstutz requesting a decrease in the valuation of this property. Motion by Ludeman, seconded by Hassenstab to sustain the assessor's valuation. All ayes - Carried. 65th and Lyndale - Gordon Strom asked a question regarding taxes on his property which is located in the L/H/N tax increment district. Hearing on this property assessment was continued to June 8, 1981 at 6:30 p.m. at the May 11, 1981 city council meeting. 6530 Bloomington, 7104 2nd Avenue, 11 E. 68th Street, 6916 Queen, 7504 Colfax - David Ames asked the Board of Review to reconsider the value on his properties and to use the income approach for establishing said valuations. He requested this because of the deed restrictions on these properties. Motion by Bunce, seconded by Collins to sustain the city assessor's valuation on these properties. All ayes - Carried. Motion by Ludeman, seconded by Tickner to continue the- Board of Review to 6;30 p.m. on June 8, 1981 for the purpose of hearing the Strom appeal. All ayes - Carried. 9. Ordinance Relating to Noise and Noise Generating Activities. Second Reading. The city council reviewed the proposed ordinance relating to Noise Control. Martin Kirsh, 6725 Penn Avenue, expressed concern with the hours stated in the ordinance relating to the use of snowblowers. He suggested amending the 7:00 a.m: limit to 6:00 p.m. Motion by Hassenstab, seconded by Bunce to amend the ordinance to permit removal of snow in residential districts after 6:00 a.m. All ayes - Carried. Council Meeting Minutes -7- May 26, 1981 Bill 1981-9, "An Ordinance Rela ting 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 Asst. City Attorney John Dean, the same being on file in the office of the city clerk. (C-9971) Motion by Ludeman, seconded by Hassenstab that this constitute a second reading of Bill 1981-9, 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, Hassenstab, Ludeman, Priebe. Nays - None. Carried. 10. Transitory Ordinance Providing for Expenditure of Money from the Special Revenue Fund for Park Acquisition and Betterment. Second Reading. City Manager Nollenberger presented a transitory ordinance providing for'the transfer of $10,000 from L-he special revenue fund to the Community Center Handi- capped Access project for city council second reading approval. Bi11 1981-10, Transitory Ordinance No. 16.78, "An Ordinance for the Expenditure of Money from the Special Revenue Fund for Certain Capital Improvements",.was read and reviewed by Asst. City Attorney John Dean, the same being on file in the office of the city clerk. (C-9972} Motion by Ludeman, seconded by Bunce that this constitute a second reading of Bill 1981-10; 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. 11. Resolution Establishing Policy Related to Beer in the Parks Motion by Hassenstab, seconded by Bunce that this item be deferred. All ayes - Carried. Council Meeting Minutes -8- 12. Resolution Relating to Retirement Pension for City Manager May 26, 1981 City Manager Nollenberger advised the council that the 1981 State Legislature passed a bill which allows city managers within the state to be excluded from membership in the Public Employees Retirement Association (PERA) upon adoption of a resolution by the city council. He presented such a resolution for city council approval. 0 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. 6434 RESOLUTION APPROVING ELECTION OF KARL NOLLENBERGER TO BE EXCLUDED FROM-THE PUBLIC EMPLOYEES RETIREMENT ASSOCIATION Poll of votes: Ayes - Bunce, Collins, Hassenstab, Ludeman, Priebe. Nays - None. Carried. This resolution appears as Resolution No. 6434 in Resolution Book No. 46. 13. Appointments to Human Rights Commission Motion by Hassenstab, seconded by Ludeman to appoint Linda Fjelde, 6720 11th Avenue, to serve a one-year term as a youth representative to the Human Rights Commission. All ayes - Carried. 14. Consent Agenda Motion by Ludeman, seconded by Collins that the following items be approved: A. Request for Amendment to Off-Street Parking Contract Lund's Supermarket 6228 Penn Avenue - CL 173A RESOLUTION N0. 6436 RESOLUTION RELATING TO AN OFF-'STREET PARKING CONTRACT ADDENDUM Lund's, Inc. 1450 W. Lake Street Location: 6228 Penn Avenue Use: Supermarket Council Meeting Minutes -9- May 26, 1981 B. Award of Contract for We11 Replacement at Water Well Located Nicollet Park - CL 167B Award contract for well replacement and appurtenant work at Water Wells No. 1 and 2 to Bergerson-Caswell, Inc. in the amount of $22,130. C. Additions to Street Lighting Proiect CP 761 - CL 178C RESOLUTION N0. 6437 RESOLUTION AUTHORIZING THE INSTALLATION OF CERTAIN STREET LIGHTS D. Approval of Plans and Specifications for Street Lighting CP 761 - CL 175D RESOLUTION N0. 6438 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR CITY PROJECT N0. 761 E. Approval of Plans and Specifications for Sidewalk Construction CP 727 - CL 174E RESOLUTION N0. 6439 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS ' FOR CITY PROJECT N0. 727. F. Approval of Plans and Specifications for Alley Paving Project CP 734 - CL 179F RESOLUTION N0. 6440 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR CITY PROJECT N0. 734 G. Ordering Project for Aldrich Avenue Cut-de-sac CP 768 - CL 171G RESOLUTION N0. 6441 RESOLUTION ORDERING THE RECONSTRUCTION OF THE ALDRICH AVENUE CUL-DE-SAC AND THE PREPARATION OF PLANS H. Purchases in Excess of $1,000 - CL 172H Sanitary Sewer Line Repair Authorize expenditure of time and materials not to exceed $2,200 payable to Council Meeting Minutes -10- May 26, 1981 Hayes Contractors, Inc. for emergency repair of the sanitary sewer line on 65th. Street and Penn Avenue. I. Change Order for Adams Hill Park Redevelopment Proiect - CL 168I Approve a deduct change order in the amount of $2,175.17 to the Sebesta Construction Co. Inc. contract, making the new contract sum $282,846.88. J. .Approval of Final Authorization for Issuance of Industrial Revenue Bonds Lyndale Garden Center - CL 180J RESOLUTION N0. 6442 RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF $1,125,000 COM[~RCIAL DEVELOPMENT REVENUE BOND (LYNDALE GARDEN CENTER PROJECT) SERIES 1981, PURSUANT TO MINNESOTA STATUTES, CHAPTER 474 K. Payments and Estimates Barr/Nelson, Inc. CP 749 - Building Construction Adams Hill, 87% complete - $12,815.10 L. Claims and Payrolls RICHFIELD BANK & TRUST Checks 69416/710b4 Payroll $ 193,622.32 Checks 1930/52300 General 417,495.52 SUMMIT STATE BANK Checks 69405/69430 1,293,655.87 All ayes - Carried. 15-. Adjournment Motion by Collins, seconded by Hassenstab that the meeting adjourn. All ayes - Carried. Time: Midnight. Date Approved: June 8, 1981 Syl 'a K. Bergh City Cler Karl Nollenberger City Manager