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07-13-1981CITY OF RICHFIELD Regular Meeting July 13, 1981 The City Council of the City of Richfield met in regular session in the council chambers of the city hall on Monday., July 13, 1981 at 7:00 p.m. The meeting was called to order by Mayor Donald Priebe at 7:00 p.m. Councilmember Ivan Ludeman gave the invocation. Present: Bunce, Collins, Hassenstab, Ludeman, Priebe 1. Minutes Councilmember Ludeman asked that the following correction be inserted on Page 6: "Councilmember Ludeman stated his concern with the expansion of the marketing effort, but said that his corresponding feeling is that if there is a liquor operation within a city, the benefits should go to the citizens, and therefore he suvuorted municipal liquor stores rather than private." 1 Councilmember Hassenstab asked that the following omission be inserted to Item 13, on Page 6: "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:" Motion by Bunce, seconded by Ludeman that the minutes of the regular meeting of June 22, 1981 be approved as amended. All ayes - Carried. 2. Donation by Richfield Lion's Club to the City of Richfield Mr. Gil Gerald, president of the Richfield Lions Club, presented the City a check for $555.46, which represented 40% of revenue the Lions Club received from their annual pancake breakfast recently held at the Community Center. Mayor Priebe accepted the check and expressed the gratitude of the City. Lil Hipp, director of the Community Center, passed out IYDP (International Year of Disabled Persons} buttons to council members. Council Meeting Minutes -2- July 13, 1981 3. Donation to the Wood Lake Nature Center. from the Fred Babcock VFW Post ~~5555 In commemoration of the Tenth Anniversary of the Nature Center, Mr. Irv Beam, post commander of Fred Babcock VFW Post ~~5555, presented a check in the amount of $271. Mayor Priebe accepted the check with thanks and noted that the VFW has been a generous contributor to the Nature Center over the years. 4. Resolution of Appreciation for 4th of July Planning Committee and Clean Up Crews 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. 6459 RES OLUT ION OF APPREC L~1T ION TO 4TH OF JULY COMMITTEE MEMBERS Poll of votes: Ayes - Bunce, Collins, Hassenstab, Ludeman, Priebe. Nays - None. Carried. This resolution appears as Resolution No. 6459 in Resolution Book No. 46. 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. 6460 RESOLUTION OF APPRECIATION TO 4TH OF JULY CELEBRATION CLEAN UP CREWS Poll of votes: Ayes - Bunce, Collins, Hassenstab, Ludeman, Priebe. Nays - None. Carried. This resolution appears as Resolution No. 6460 in Resolution Book No. 46. 5. Opportunity for Members of the Audience to Address the City Council Gordon McKinnon, 7308 Upton, voiced concerns about the storm drainage back up in the Adams Hill park pond, and said he felt there was a need for enlargement. The city manager responded. 6. Approval of Agenda Councilmember Ludeman requested that the Award of Contract for Aldrich Avenue Cul-de-sac, CP 768, be removed from the consent calendar. The city manager requested Council Meeting Minutes -3- July 13, 1981 that the license request of the Assumption Church be removed and Councilmember Collins requested that the Purchases in Excess of $1,000 be removed. Motion by Hassenstab, seconded by Bunce to approve the agenda as amended. All ayes - Carried. Councilmember Hassenstab indicated that it was necessary for him to leave the meeting at 9:30 as he would be attending a national convention. 7. Continuation of Hearing on Special Use Permit and On-Sale Wine License, Pontillo's Pizzaria, 2312 W. b6th Street - City Manager Nollenberger advised that, in addition to an on-sale wine license, consideration of a special use permit is required for this type of business establish- ment. The planning commission had scheduled a hearing on this request for special use permit for their June 23, 1981 meeting, however, the applicant did not appear at the hearing and the planning commission has deferred action on this application until their July 28, meeting. The city manager recommended that the hearing on the appli- cation be continued tq the August iQ, city council meeting. Motion by Hassenstab, seconded by Collins to continue this hearing for an application for an on-sale wine license to August 10, 1981. All ayes - Carried. 8. Proposed Sidewalk Construction, East Side of Chicago Avenue for the First 317 Feet North of 77th Street City Engineer Michael Eastling reviewed the proposed sidewalk construction in the area of the east side of Chicago Avenue for the first 317 feet north of 77th Street. He indicated that it would be feasible to include this project in the CP 727, 1981 sidewalk construction project. Mr. Norman Martinson, representing House of Prayer Lutheran Church, presented a letter from the church (C-9981) stating their proposals to reduce the amount of the assessment. Council Meeting Minutes -4- 3u1y 13, 1981 Motion by Bunce, seconded by Hassenstab to close the hearing. All ayes - Carried. Motion by Bunce, seconded by Hassenstab to allow Mayor Priebe to abstain from voting as he is a member of this congregation. All ayes - Carried. 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. 6462- RESOLUTION ORDERING ADDITIONAL SIDEWALK CONSTRUCTION ~I lJ Poll of votes: Ayes - Bunce, Collins, Hassenstab, Ludeman. Abstain - Priebe. Carried. This resolution appears as Resolution No. 6462 in Resolution Book No. 46. Motion by Ludeman, seconded by Bunce to assess this project according to current city policy at the 50% rate for commercial/institutional property. Poll of votes: Ayes - Bunce, Collins-, Hassenstab, Ludeman. .Abstain - Priebe. Carried. 9. Right-of-Way Vacation, Disposition of Public Property and Resubdivision of Property at West 74th Street and Upton Avenue City Manager Nollenberger advised that the applicant, Mr. Eric Lindholm, has asked for more time for preparation of transactions involving this application. Motion by Hassenstab, seconded by Ludeman to continue this hearing to August 24, 1981. All ayes - Carried. 10. Request for Variance to Reduce the Minimum Lot Width and Lot Area Requirements, 6328 Aldrich Avenue City Manager Nollenberger presented the request of Belle and Burt Rutman to Council Meeting Minutes -5- July 13, 1981 reduce-the minimum lot area requirement from 8,000 square feet to 5,760 square ' feet. Community Development Director Kraft reviewed the plans of the Rutmans to purchase the small vacant residential lot adjacent to the Lyndale Garden Center from Charles Adams on which they wish to relocate the two story family residence currently on the garden center site. He noted that the staff and the planning commission had both recommended denial of this application, however, the city manager strongly recommended that the variance be granted. Bert Rutman, 6400 Lyndale Avenue, spoke on his own behalf. He said it is their wish to keep the home far from the north end of the center. Herb Ketchum, 7212 Oak Grove Boulevard, relayed the planning commission's concern for the height of the home and-the size of the lot. He reported the planning commission's vote was 8 - 1 to deny the variance. Charles Adams said the Rutmans proposal made sense and he asked why the council was having difficulty in making a decision in this matter. Motion by Bunce, seconded by Collins to close the hearing. All ayes - Carried. Motion by Bunce, seconded by Collins to grant the variance, subject to the stipulation that Mr. Rutman furnish the city with a bond in the amount of $16,630, the estimated value of the maintenance and site work necessary to bring this structure into code compliance; and that the city council approve an amendment to the Lyndale Garden Center final development plan, indicating that the house will no longer be located on the garden center site. Poll of votes: Ayes - Bunce, Collins, Priebe. Nays - Hassenstab, Ludeman. Carried. Council Meeting Minutes -6- July 13, 1981 11. Request for Variance to Reduce the Required Lot Width, 6225 Harriet Avenue City Manager Nollenberger reviewed the request of the Richfield Housing and Redevelopment Authority for a variance to allow construction of a 1 1/2 story family home at 6225 Harriet Avenue. The requested variance would reduce the required 75 foot lot width to 52.5 feet. He advised of the staff and planning commission recommendations for approval of this application. Motion by Ludeman, seconded by Hassenstab to close the hearing. All ayes - Carried. Motion by Ludeman, seconded by Bunce to approve this application for variance. All ayes - Carried. 12. Request for Variances to Reduce the Minimum Lot Area and Lot Width, 6216 Pillsbury City Manager Nollenberger introduced the request of the Housing and Redevelopment Authority of Richfield for a variance to allow constructioo. of a 1 1/2 story single family residence at 6216 Pillsbury Avenue. Community Development Director Kraft reviewed the request to reduce the minimum lot area of 8,000 square feet to 6,075 feet and reduce the minimum 75 foot lot width to 45 feet. He reviewed the staff and planning commission recommendations for denial of this application for variance and the city manager's recommendation for approval. Herb Ketchum, 7212 Oak Grove Boulevard, reported on the planning commission vote of 8 - 1 to deny this app°lication. He said the commission would have granted approval if the lot were 5 feet larger. The city manager indicated that the State had given R approval to the sale of five feet of right-of-way to the HRA to enlarge the lot to 50 feet and the square footage to 6,750. Motion by Hassenstab, seconded by Ludeman to continue consideration of this item to July 27, 1981 Poll of votes: Ayes - Collins, Hassenstab, Ludeman, Priebe. Nays - Bunce. Carried. Council Meeting Minutes -7- July 13, 1981 13. Request for Variance to Reduce the Required Front Yard Setback, 7233 Vincent City Manager Nollenberger presented the application of Gene T. Lucy for a variance to reduce the required 30 foot front yard setback to approximately 25 feet, to enable construction of an addition to an existing garage. Mr. Lucy, 7233 Vincent, appeared and spoke in support of his proposal. He said the Vincent Avenue right-of-way curves adjacent to his property which results in a variable setback requirement. Motion by Bunce, seconded by Collins to close the hearing. All ayes - Carried. Motion by Ludeman, seconded by Collins to grant this variance to the front 1 yard setback. All ayes - Carried. 14. Request for Variance to Reduce the Required Sideyard Setback, 7427 13th Avenue City Manager Nollenberger introduced the application of John Bostrom, 7427 13th Avenue, for a variance to reduce the required five feet side yard setback to three feet to allow construction of an attached garage and breezeway to the north side of the house. He reviewed the staff and planning commission recommendations for denial of this application and said the Public Safety Department had expressed concerns with the fire safety because of the proximity of this proposed garage to the structure on the adjacent property. Mr. John Bostrom appeared in support of his request. Don Balmer, 7432 14th Avenue, said that he is a builder himself and that he was nct convinced of any fire problems; there was no reason to deny the application. Herb Ketchum, 7212 Oak Grove Boulevard, reported on the planning commission S - 4 vote to deny this variance. Council Meeting Minutes -8- July 13, 1981 Motion by Ludeman, seconded by Collins to close the hearing. All ayes - Carried. Motion by Ludeman to deny this variance. Motion died for lack of a second. Motion by Collins, seconded by Priebe to grant this variance to the side yard setback. Poll of votes: Ayes - Bunce, Collins, Hassenstab, Priebe. Nays - Ludeman. Carried. 15. Vacation of Alley Between 21st and 22nd Avenues, and 65th and 66th Street. First Reading. City Manager Nollenberger advised the city council that a petition requesting vacation of the alley on Block 5, New Ford Town had recently been received from Julian and Darlene Halvorsen. This alley is bound by 21st and 22nd Avenues South and East 65th and 66th Streets. He reported on the staff recommendation for approval subject to the following stipulation as outlined in Council Letter No. 219: That utility easements be granted to the utility companies and the City in order to maintain the utilities located .on the alley.• •~ Julian Halvorsen, the applicant, appeared and spoke in support of his proposal. 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. 6463 RESOLUTION RECEIVING ALLEY VACATION PETITION AND CALLING FOR PUBLIC HEARING Poll of votes: Ayes - Bunce, Collins, Hassenstab, Ludeman, Priebe. Nays - None. Carried. This resolution appears as Resolution No. 6463 in Resolution Book No. 46. Bill 1981-12, Transitory Ordinance No. 16.80, "A Transitory Ordinance Providing for the Vacation of the Alley on Block 5, New Ford Town", was read and reviewed by City Attorney John Dean, the same being on file in the office of the city clerk. (C-9982) Council Meeting Minutes -9- July 13, 1981 Motion by Ludeman, seconded by Bunce that this constitute a first reading of Bill 1981-12, that it be published in the official newspaper and that second reading of this ordinance amendment be scheduled for August L0, 1981. Poll of votes: Ayes - Bunce, Collins, Hassenstab, Ludeman, Priebe. Nays - None. Carried. 16. Transitory Ordinance Providing for Expenditure of Money from the Special, Revenue Fund. First Reading. City Manager Nollenberger presented a transitory ordinance for. city council approval which will appropriate funds to three city projects - $25,000 for park land acquisition, $20,000 for the civic plaza sculpture and $6,000 for a city hall security system. Bill '1981-13, Transitory Ordinance No. 1b.81, "An Ordinance for the Expenditure of Money from the Special Revenue Fund for Certain Capital Improvements and Park Land Acquisition and Betterment", was read and .reviewed by City Attorney John Dean, the same being on file in the office of the city clerk. (C-9983) Motion by Hassenstab, seconded by Ludeman that this constitute a first reading of Bill 1981-13; that it be published in the official newspaper and that second reading of this ordinance amendment be scheduled for August 10, 1981. Poll of votes: Ayes - Bunce, Collins, Hassenstab, Ludeman, Priebe. Nays - None. Carried, 17. Proposed Charter Amendment Relating to Recall for Public Officials City Manager Nollenberge-r presented a proposed amendment to Chapter 5 of the City Charter which deals with processes for initiative and referendum. He introduced Ms. Donna Peterson, Chairperson of the Charter Commission, Ms. Peterson explained this amendment which would establish a process for recall of elected public officials through a petition process initiated by five registered voters. The council discussed this proposed amendment and asked questions of Ms, Peterson.- Council Meeting Minutes -10- July 13, 1981 Motion by Hassenstab, seconded by Ludeman to deny enactment of this charter amendment. Poll of votes: Ayes - Bunce, Hassenstab, Ludeman. Nays - Collins, Priebe. Carried. Mr. Hassenstab left the meeting at 9:50 p.m. The council recessed at 9:50 p.m. and reconvened at 10:04 p.m. 18. Award of Contract for Alley Paving Project, CP 734 City Manager Nollenberger reviewed bids received for alley paving, City Project 734. City Engineer Michael Eastling compared the difference in bids quoted for bituminous and concrete. The low bid for the concrete was $167,499, submitted by Arcon Construction Company and the low bid for the bituminous was $149,279.30, submitted by Barber Construction Company. Mr. Eastling noted, that concrete was only 12.2% more than bituminous and would last with virtually no repairs for at least 30 years. Motion by Ludeman, seconded by Collins that the following resoultion be adopted; that it be spread in the resolution book and and that it be made a part of these minutes: RESOLUTION N0. 6464 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT TO ARCON CONSTRUCTION CO., INC. OF MORA, MINNESOTA FOR ALLEY PAVING - C.P. 734 Poll of votes: Ayes - Bunce, Collins, Ludeman,- Priebe: Nays - None. Absent - Hassenstab. Carried. This resolution appears as Resolution No. 6464 in Resolution Book No. 46. Richard Blevins, 7539 Washburn Avenue, asked about alley construction in storm sewer projects and cited specific trouble spots. J Council Meeting Minutes ~ -11- July 13, 1981 19. Resolution Adopting Assessment for CP 705 Special Assessments, and Adopting Findings of Fact, Conclusions and Order for Assessments City Attorney John Dean reviewed the Findings of Fact related to special assessments (CP 705) proposed to be levied against properties owned by Gordon Strom. Review of these assessments had been continued from the May 11, and June 8, 1981 hearings. Mr. Dean reviewed the Findings of Fact, Conclusions and Order for Assessment as prepared by the city attorney's office, on the following properties: 6500, 6520, 6532-39 Lyndale 729 West 65th•Street Motion by Ludeman, seconded by Collins to approve and adopt the Findings of Fact and Conclusions as presented by the city attorney on parcels 27-028-24-23-004 27-028-24-23-0069 27-028-24-23-0070 All ayes - Carried. Absent - Hassenstab. Mr. Gordon Strom, owner of this property, appeared and expressed his opposition to the proposed assessment. 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. 6465 RESOLUTION ADOPTING ASSESSMENT ON CITY PROJECT 705 - STROM Poll of votes: Ayes - Bunce, Collins, Ludeman, Priebe. Nays - None. Absent - Hassenstab. Carried. This resolution appears as Resolution No. 6465 in Resolution Book No. 46. 20. Establishment of Forestry Policies for the City of Richfield City Manager Nollenberger advised the city council of notice received from the Council Meeting Minutes -12- July 13, 1981 Minnesota Department of Agriculture regarding municipal shade tree programs.' He introduced Community Services Director Don Fondrick who described how actions taken by the 1981 'Minnesota Legislature on shade tree matters will ,affect the City of Richfield. Mr. Fondrick outlined policies relating to the reforestation program recommended by the staff and the Park and Recreation Commission, as outlined in Council Letter No. 241. Motion by Bunce, seconded by Ludeman to approve the forestry policies as presented by Mr. Fondrick. All ayes - Carried. Absent - Hassenstab. 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. 6466 RESOLUTION ENDORSING CITY OF RICHFIELD APPLICATION AND PARTICIPATION IN THE 1981 SHADE TREE PROGRAM Poll of votes: Ayes - Bunce, Collins, Ludeman, Priebe. Nays - None. Absent - Hassenstab. Carried. This resolution appears as Resolution No. 6466 in Resolution Book No. 46. 21. Implementation Policy for Charter Amendment Regarding Neighborhood Election Districts (Wards) The council agreed to defer discussion of this item to the July 24, 1981 meeting when a full council will be present and asked that it be scheduled earlier in the agenda. 22. Review of "No Turn on Red", 70th Street and 12th Avenue City Manager Nollenberger advised that the traffic control committee had reviewed the request for removal of these signs on 70th Street and 12th Avenue and had recommended that the signs be retained inasmuch as they were installed primarily for pedestrian safety. Council Meeting Minutes ~ -13- July 13, 1981 Motion by Ludeman, seconded by Bunce to have the signs removed. All ayes - Carried. Absent - Hassenstab. 23. Temporary License Request, Church of Assumption "Fun Fest" City Manager Nollenberger presented the Church of the Assumption's request for fee waived licenses for their annual "fun fest", August 15 and 16, 1981. The church has requested the following licenses: 1. Gambling license (bingo, raffle and tip-board) 2. Itinerant food establishment 3. Soft drink sales 4. Cigarette sales 5. On-sale nonintoxicating malt liquor sales 6. Daily tent permit The city manager cited the city ordinance code which limits gambling activates to four hours during any 24 hour period, however, the code does provide for a waiver of this restriction by specific action of the city council. The Public Safety Department has expressed concern for the request of a daily tent permit as during last year's "fun fest" activity, the applicant violated the conditions of the daily tent permit issued by not conforming to several fundamental fire safety practices mandated by the Uniform Fire Code. The Public Safety Director has recommended that the daily tent permit be given only conditional approval. Motion by Ludeman, seconded by Collins to approve the above listed fee waived licenses; to waive the four hour restriction of the gambling license; and. to approve the daily tent permit subject to the requirement that the applicant satisfactorily conform to all fire safety code requirements as may be stipulated by the Public Safety Department. AlI ayes - Carried. Absent - Hassenstab. Council Meeting Minutes -14- 24. Award of Contract, Aldrich Avenue Cul-de-sac CP 768 Motion by Ludeman, seconded by Bunce to defer this item. All ayes - Carried. Absent - Hassenstab. 25. Consent Calendar July 13, 1981 Motion by Collins, seconded by Ludeman that the following items be approved: A. Change Order, CP 756, Lift Stations 1 and 3 - CL 223B Authorize change order ~kl in the total amount of $2,574.42 to Hayes Contractors, Inc. which adjusts the total contract amount for renovation of Lift Stations ~kl and ~~3 to $77,545.42 B. Authorization to Purchase Easement Area, CP 705-3 - CL 236D RESOLUTION N0. 6461 RESOLUTION PROVIDING FOR THE PURCHASE OF PERPETUAL EASEMENTS WEST 66TH STREET C. Award of Contract for Sidewalk Construction, CP 727 - CL 237 RESOLUTION N0. 6468 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT TO ARCON CONSTRUCTION, INC. OF MORA, MINNESOTA FOR SIDEWALK CONSTRUCTION - C. P. 727 D. Purchases in Excess of $1,000 - CL 229E Undergrounding of Electric Cable Approve payment of $2,289.10 to Linden Electric Company, Inc. for undergrounding of electrical service and removal of poles in the 6bth Street, Bridgeman's, Superamerica and Post Office area. Remove Curb and Gutter and Replace with Two Drive Aprons Approve payment of $1,800 to Progressive Contractors, Inc. to install two driveway aprons onto Emerson Avenue, in fulfillment of agreement with Duraps for the Coach Homes site. 1 Council Meeting Minutes -15- July 13, 1981 City Hall Security System Councilmember Collins said her questions regarding this purchase had been a total cost of $5,965. answered when Bill 1981-13, Transitory Ordinance 16.81, had been discussed and she was withdrawing her request to discuss this item separately. Authorize purchase and installation of surveillance system to be installed in licensing area and back door entrace from Video Images for E. Award of Street Lighting Bids - CL 243G RESOLUTION N0. 6467 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT TO ELECTRIC SERVICE COMPANY OF MINNEAPOLIS, MINNESOTA FOR STREET LIGHTING - C.P. 761 1 F. Kennel Licenses Cutler Animal Hospital, 7738 Colfax Avenue Airport Pet Hospital, 6301 Cedar Avenue Robert Dietl, 6436 Lyndale D. R. Masoner, 6326 Clinton Avenue, 3 dogs William Webber, 6320 22nd Avenue, 3 dogs G. Payments and Estimates 1. Hayes Contractors, Inc., C.P. 756, Modifications to Lift Stations 1 and 3, 100% complete - $77,545.52 Commercial Kennel ~~ ~r Residential Kennel n 2, E1 Mac Landscaping, Inc., Golf Course, 100a/° final - $2,057.75 3. Barr/Nelson, Inc., C.P. 749, Estimate ~~8, 95% complete - building construction Adams Hill Park - $100,278.93 H. Claims and Payrolls RICHFIELD BANK & TRUST Checks 71994/72418 Payroll Checks 1997/53100 General SUMMIT STATE BANK Checks 63743/63778 $ 219,926.71 854,600.93 1,502.243.70 All ayes - Carried. Absent - Hassenstab. Council Meeting Minutes -16- July 13, 1981 26. Adjournment Motion by Ludeman, seconded by Collins that the meeting adjourn. All ayes - Carried. Absent - Hassenstab. Time: 11:00 p.m. Date Approved: July 27, 1981 Sy a K. Bergh City erk i ~~ e Karl Nollenberger City Manager