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06-08-1981 (2)CITY OF RICHFIELD Regular Meeting June 8, 1981 rl L~ The City Council of the City of Richfield met in regular session in the counci l chambers of the city hall on Monday, June 8, 1981 at 7:00 p.m. The meeting was called to order by Mayor Donald Priebe at 7:35 p.m. The colors were presented by Blue Bird Adventure Girls. Mayor Priebe presented the Blue Birds with certificates of appreciation for their participation in the meeting. Pastor Sam Wessman, of Wooddale Baptist Church, gave the invocation. Present: Bunce, Collins, Hassenstab, Ludeman, Priebe 1. Minutes Motion by Ludeman, seconded by Hassenstab that the minutes of the May 26, 1981 city council meeting be approved as submitted. All ayes - Carried. 2. Acceptance of Resolution Proclaiming June 21 - 262, 1981 Public Health/ Community Health Nurse Week Ms. Charlene Swanell, chairperson of the Advisory Board of Health, appeared and presented a recommendation that the council adopt a resolution designating June 21 through June 26, 1981, as Public Health/Community Health Nurse Week. 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. 6443 RESOLUTION-APPROVING THE WEEK OF JUNE 21 THROUGH JUNE 26, 1981 TO BE PUBLIC HEALTH/COMMUNITY HEALTH NURSE WEEK Poll of votes: Ayes - Bunce, Collins, Hassenstab, Ludeman, Priebe. Nays - None. Carried. This resolution appears as Resolution No. 6443 in Resolution Book No. 46. Council Meeting Minutes. -Z- June 8, 1981 3. Presentation by Sheri Johnston on Need for an Ordinance Setting Decency Standards for Cable Television Ms. Sheri Johnston, 7305 14th Avenue, spoke of the need for enactment of an ordinance setting standards of decency governing cable television. She passed out a sample ordinance which was referred to the city attorney for study. Mrs. Johnston introduced Eugene E. Conway, Sr., president of Morality in Media, who spoke of the dangers of obscenity and pornography pervading cable television. City Attorney°LeFever-e outlined the safeguards for control-of programming that presently exist in our cable TV agreement. Gertrude Ulrich, 7601 Aldrich, representing Minnesota Cablevision, stated her opinion that Richfield does not want the dirty movies. She indicated that Minnesota Cablevision plans on offering family entertainment, and that individual dustomers will be able to block out unacceptable programming. Motion by Ludeman, seconded by Bunce to direct the-city attorney to review the franchise agreement on cable TV as it may apply to obscenity, andadvise the council further. All ayes - Carried. 4. Opportunity for Members of the Audience to Address the City Council Gordon McKinnon, 7308 Upton, raised concerns about grading of the Adams Hill Park project. Don Fondrick, Community Services Director, responded to Mr. McKinnon's questions. 5. Approval of Agenda Councilman Ludeman asked that the item "Retail Off-Sale Beer, Hauser's Family Center, 6530 Pillsbury" be removed from the consent agenda. Acting City Manager Wilde asked that an item providing for "Confirmation of Appointment of the Liquor Operation Director" be added to the agenda. Motion by Collins, seconded by Hassenstab to approve the agenda as amended. All ayes - Carried. Council Meeting Minutes -3- June 8, 1981 6. Request for Variance, 7430 Portland Avenue, Reduce Frontyard Setback to Construct Addition to House Acting City Manager Wilde presented the request of Mr. and Mrs. Terrance Straub for a variance to reduce the required front yard setback by 4.15 feet to allow construction of an addition to the side and front of the house. She advised of the planning staff's recommendation for denial, and the city manager and planning commission recommendations for approval. Motion by Ludeman, seconded by Hassenstab to close the hearing. All ayes - Carried. Motion by Ludeman, seconded by Collins to grant this variance, All ayes - Carried. 7. Request for Special Use Permit to Allow Expansion of Municipal Building at 6700 Portland Avenue Acting City Manager Wilde reviewed the request for a special use permit to allow expansion of the Richfield Municipal Center Complex by adding 13,600 square feet to the Public Safety Department facility, and advised of the staff recommen- dations for approval with the stipulation that an additional 51 off-street parking spaces be provided as a future part of the development. Motion by Ludeman, seconded by Bunce to close the hearing. All ayes - Carried. Motion by Bunce, seconded by Collins to grant the special use permit, subject to the stipulation that the required number of off-street parking spaces be provided as requested by the planning commission. All ayes - Carried. 8. _Request for Variance to Allow Installation of Illuminated Sign, Woodlake Lutheran Church, 7525 Oliver Avenue Acting City Manager Wilde reviewed the application of Woodlake Lutheran Church for a variance to allow the installation of a 4' x 8' illuminated sign. The sign Council Meeting Minutes -4- June 8, 1981 is proposed to be located near the intersection of West 76th Street and Newton Avenu South. The sign would carry the words, "Woodlake Lutheran Church" and a logo. Mr. Franzmeier, 7532 Garfield, representing Woodlake•Lutheran Church, appeared in support of their request and answered council questions. A representative from Attracta Sign Co., spoke on behalf of the proposed illuminated sign. Council members Bunce and Hassenstab both indicated they were members of this congregation. Motion by Ludeman, seconded by Bunce to close the hearing. Motion by Ludeman, seconded by Collins to grant the variance subject to the following stipulations: 1. That the two existing signs be removed; 2. That the illumination of the sign be approved by the city manager to ensure that it poses no hazards to the welfare of the public. All ayes - Carried. 9. Request for Variance to Reduce Minimum Lot Area and Front Yard to Construct Dwelling, 6228 Aldrich Avenue The council was advised that one of the applicants was hospitalized and unable to attend the hearing. The other applicant requested that the council delay action on this item for that reason. Motion by Hassenstab, seconded by Ludeman to continue this hearing to June ZZ, 1981, or until such time as both applicants will be able to attend. All ayes - Carried. 10. Hearing Regarding Property Assessment for Strom Propert L/H/~ Improvement Area Acting City Manager Wilde reviewed the background of the hearings held relating to assessments in the L/H/N improvement area. She said that this hearing was being continued to this time at the request of Mr. Strom, who was out of town at the Council Meeting Minutes -5- June 8, 1981 time the notification of the May hearing was mailed. Mr. Gordon E. Strom, owner of property at 6500, 6520, 6532-39 Lyndale-and 729 West 65th Street, spoke on his own behalf. He stated•that he sees no benefit to his property to justify the special assessment imposed and that he does not wish to subsidize a K-Mart. Attorney Bryce D. Huemoeller, representing Mr. Strom, elaborated on his client's objections to the special assessment. Maynard C. Rasmussen, licensed real estate broker and appraiser, stated his findings regarding this property and expressed the opinion that this was a liability to the property, not an asset. Mr. Rasmussen responded to questions presented by Attorney Charles LeFevere. Vince Walters, owner of Hub Office Products, said that his business has declined since introduction of K-Mart. He asked questions of Attorney Clayton LeFevere regarding the special assessments and public improvements. Attorney Huemoeller made summary remarks to the effect that this was a general rather. than a specific improvement, and proposed a reduction in the $46,000 assessment. Motion by Ludeman, seconded by Hassenstab to close the hearing, to cite July 8, as the last day to accept additional findings, and to act on the proposed assessment on July 13, 1981. A11 ayes - Carried. The city council recessed at 9:42 p.m. and reconvened at 9:51 p.m. 11. Hearing Regarding Property Assessments for Adams Property, L/H/N Improvement Area, Adams Property, 28-11-004, 28-11-005 and 28-11-0013 Acting City Manager Wilde advsied that this property has been purchased by the HRA and will in turn be sold to Lyndale Garden Center. Mr. Adams has withdrawn his appeal on the special assessments and Lyndale Garden Center has agreed to pay Council Muting Minutes -6- June 8, 1981 the special assessments as part of the terms of their developer's agreement. She stated that it would, therefore,. be appropriate for the. council to take final action establishing the special assessments for this property. Motion by Ludeman, seconded by Collins to close the hearing. All ayes - Carried. 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. 6444 RESOLUTION ADOPTING ASSESSMENT ON CITY PROJECT 705 (HRA,'FORMER ADAMS PROPERTY) Poll of votes: Ayes - Bunce, Collins, Hassenstab, Ludeman, Priebe. Nays - None. Carried. This resolution appears as Resolution No. 6444 in Resolution Book No. 46. 12. Plans and Specifications, Aldrich Avenue Cul-de-sac Acting City Manager Wilde advised the council that the city engineer has prepared plans and specifications for reconstruction of the Aldrich Avenue cul-de-sat, which will be financed entirely by a special assessment on the Lyndale Garden Center property. She presented a resolution which would authorize the advertisement for bids for this project, for council approval. 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: RESOLUTION N0. 6445 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR CP 768 ALDRICH AVENUE CUL-DE-SAC Poll of votes: Ayes - Bunce, Collins, Hassenstab, Ludeman, Priebe. Nays - None. Carried. This resolution appears as Resolution No. 6445 in Resolution Book No. 46. [1 Council Meeting Minutes - 7- June 8, 1981 13. Resolution Relating to Policy Regulating Sale of-Beer in Taft and Augsburg Park Acting City Manager Wilde reviewed the background of the enactment of the ordinance allowing the sale of beer in Taft and Augsburg Parks. Community Services Director Fondrick reviewed the resolution which would provide conditions regulating the sale of beer in the parks. Councilman Ludeman reiterated his opposition .to permitting the sale or consumption of beer in the parks. 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. 6446 ~~ RESOLUTION OF POLICY RELATED TO SALE AND CONSUMPTION OF BEER IN THE PARKS, AN EXPANSION TO CHAPTER IV AND CHAPTER X, PART ITI OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD Poll of votes: Ayes - Bunce, Collins, Hassenstab, Ludeman, Priebe. Nays - None. Carried. This resolution appears as Resolution No. 6446 in Resolution Book No. 46. 14. Retail Off-Sale Beer License, Hauser's Family Center, 6530 Pillsbury The council discussed the issuance of a beer license for Hauser's Grocery store. Councilman Ludeman asked if most other grocery stores in the city are licensed to sell 3.2 beer. He was advised that most are. Motion by Ludeman, seconded by Collins to approve this license. All ayes - Carried. 15. Consent Agenda Motion by Ludeman, seconded by Collins that the following items on the Consent Agenda be approved: A. Tabula tions, Minutes and Approval of Purchase of Trailer Mounted Generator - CL 19 7 Award contract to Flaherty Equipment Corp. in the amount of $11,940. Council Meeting Minutes -8- June 8, 1981 B. Tabulations, Minutes and Approval of Purchase of Sealcoating - CL 189 Award the contract to Bituminous Roadways in the amount of $99,064.35 for Alternate I and approve a change order to increase the contract amount to $125,830.44. C. Purchase in Excess of $1,000 - CL 199 Pump and Related Equipment - Authorize purchase of pumping equipment from Tri-State Drilling and Equipment at a-total estimated price of $5,355: D. License for Circus at Hub Shopping Center - CL 192 Issue conditional license to Carson & Barnes Circus for performance of a tent circus at the Hub Shopping Center on July 12,.1981 with the requirement that the applicant satisfactorily conform to all fire safety code requirements. E. Fee Waived License - Gambling license for American Heart Association, June 23, 1981. F. Claims and Payrolls RICHFIELD BANK & TRUST Checks 71068/71714 Payroll Checks 19461/52520 General 1 $ 193,264.98 467,235.35 SUMMIT STATE BANK Checks 69432/69459 $1,318,479.55 G. Payment and Estimate Henry 0. Mikkelson, CP 692, general construction, city garage, final estimate - $13,160.00 A11 ayes - Carried. 16. Extra Item - Confirmation of Appointment, Liquor Operations Director Acting City Manager Wilde presented the city manager's recommendation to appoint Mr. William Fillmore to the position of Liquor Operations Director. Council members discussed Mr. Fillmore's qualifications and experience and the process used to recruit and select department heads. Y Council Meeting Minutes -9- June 8, 1981 Richard Ble~ins, 7539 Washburn, suggested that department heads should appear before the council before being hired. Motion by Ludeman, seconded by Collins to confirm the city manager's appoint- 1 ment of Bill Fillmore for the position of Liquor Operations Director. All ayes - Carried. 17. Adjournment Motion by Bunce, seconded by Collins that the meeting adjourn. All ayes - Carried. Time: 10:37 p.m. Date Approved: June 22,-1981 S is K. Bergh C y Clerk