07-27-1981CITY OF RICHFIELD
Regular Meeting
July 27, 1981
The City Council of the City of Richfield met in regular session in the council
chambers of the city hall on Monday, July 27, 1981, at 7:00 p.m..
The meeting was called to order by Mayor Donald~J. Priebe at 7:10 p.m.
City Manager Yollenberger gave the invocation.
City Manager ~ollenberger led in the Pledge of Allegiance.
Present: Bunce, Collins, Hassenstab, Ludeman, Priebe.
1. Minutes
Motion by I{assenstab, seconded by Collins to change the vote on Page 10,
on the approval of Resolution No. 6464 to indicate Council Member Hassenstab as
absent.
All ayes - C~rr~ed.
Motion by 1{assenstab, seconded~by Collins to approve the minutes of the
July 13, 1981 meeting, as amended, and to approve the minutes of the Concurrent
City Council/1{RA meeting of July 20, 1981 as presented.
All ayes - Carried.
2. Council Approval of Agenda
Council Member Ludeman asked that the item of bomonite repair, listed under
Purchases in Excess of $1,000,be removed from the consent agenda for separate
discussion.
Motion by Iassenstab, seconded by Ludeman to approve the agenda.
All ayes - Carried.
3. Request for Variance to the Minimum Lot Size, 6216 Pillsbury
City ?tanager \ollenberger advised the city council that the state has confirmed
that they will sell the HRA five additional feet of right-of-way, subject to
federal approval, to make the Iot at 6216 Pillsbury Avenue 50 feet wide. He
recommended that the city council -approve this variance.
Council Meeting Minutes -2- July 27, 1981
Motion by Ludeman, seconded by Hassenstab to close the hearing.
All ayes - Carried.
Motion by Hassenstab, seconded by Ludeman, to approve a variance for 6216
Pillsbury Avenue.
A11 ayes - Carried.
4. Transitory Ordinance Providing for Vacation of a Portion of Aldrich Avenue
Adjacent to Lyndale Garden Center. Second Reading. ~
City Attorney Clayton LeFevere indicated that the legal description of
this transitory ordinance should be corrected.
Motion by Hassenstab, seconded by Ludeman to amend the legal description as
directed by the city attorney.
A11 ayes - Carried.
Motion by Ludeman, seconded by Bunce to close the hearing.
All ayes - Carried.
Bill 1981-11, Transitory Ordinance No. 16.79, "An Ordinance Providing for
the Vacation of a Public Street", was read and reviewed by Clayton LeFevere,
City Attorney, the same being on file in the office of the city clerk. (C-9980)
Motion by. Bunce, seconded by Ludeman that this constitute a second reading
of Bi11 1981-11, 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.
S. Ordinance Amendment Relating to Detached Accessory Buildings. First Reading.
City Manager Nollenberger presented an ordinance amendment relating to
detached accessory buildings for city council review. He said this ordinance
amendment would provide the city staff with the authority to require certain
standards to be met in the maintenance of detached accessory buildings.
Council Meeting Minutes -3- July 27, 1981
Bill 1981-14, "An Amendment to Chapter ITI, Part TV, Section 3.39 of the
Ordinance Code of the City of Richfield", was read and reviewed by City Attorney
Clayton LeFevere, the same being on file in the office of the city clerk. (C-9984)
Motion by Ludeman, seconded by Collins that this constitute a first reading
of Bill 1981-4; that it be published in the official newspaper and that second
reading of this ordinance amendment be scheduled for August 21, 1981.
Po11 of votes: Ayes - Bunce, Collins, Hassenstab, Ludeman, Priebe. Nays - None.
Carried.
6. Ordinance Amendment Relating to Regulat_ing_and Licensing of Certain
Gambling Activities. First Reading.
City Manager Nollenberger reviewed an ordinance amendment to the gambling
ordinance. He indicated these changes were authorized by the 1981 Minnesota
Legislature, the majority of which were of a housekeeping nature.
Bill 1981-15, "An Amendment to Chapter V, Part IIT, Section 5.19 and
Appendix D of the Ordinance Code of the City of Richfield", was read and reviewed
by City Attorney Clayton LeFevere, the same being on file in~the office of the
city clerk. (C-9985)
Motion by Bunce, seconded by Collins that this constitute a first reading
of BiII 1981-15; that it be published in the official newspaper and that second
reading of this ordinance amendment be scheduled for August 24, 1981.
Poll of votes: Ayes - Bunce, Collins, Hassenstab, Ludeman, Priebe. Nays - None.
Carried.
?. Ordinance Amendment Relating to Sunday Sale of Intoxicating Liquor at
10:00 a.m. First Reading.
City Manager Nollenberger presented an~ordinance amendment relating to the
Sunday sale of intoxicating liquor which would change the hours of serving
intoxicating liquors on Sundays from 10:00.a.m. to Midnight, from 12:00 Noon
to Midnight.
Council Meeting Minutes -4- July 27, 1981
Mr. Mike Larkin, manager of Chi'Chi's, spoke in favor of this ordinance
as they presently serve a champagne brunch at 11:00 a.m.
Council Member Ludeman suggested that the ordinance be amended to 11:00
o'clock.
Motion by Bunce, seconded by Collins to amend the ordinance to state
11:00 o'clock instead of 10:00 o'clock.
All ayes - Carried.
Bill 1981-16, "An Amendment to Chapter XT, Section 11.07 of the Ordinance
Code of the City of Richfield" was read and reviewed by City Attorney Clayton
LeFevere, the same being on file in the office of the city clerk. (G-9986)
Motion by Bunce, seconded by Collins that this constitute a first reading
of Bill 1981-16; that it be published in the official newspaper and that second
reading of this ordinance amendment be scheduled for August 24, 1981.
Poll of votes: Ayes - Bunce, Collins, Priehe. Nays - Hassenstab, Ludeman.
Carried.
8. Ordinance Amendment Relating to Public Bathhouses. First Reading.
Clayton LeFevere, City Attorney, presented an ordinance amendment relating
to public baths which he said had been drafted in response to an application for
a license to operate a public bath. He indicated that the application had raised
several health related questions on which the ordinance does not presently cover.
After much discussion by the council it was agreed to direct the city attorney
to revise the ordinance for second reading in the areas of age of clientele,
restriction of reclining furniture and a clearer definition of property across
from alleys abutting the establishment.
Bi11 1981-17, "An Amendment to Chapter V, Part II and Appendix D of the
Ordinance Code of the City of Richfield ", regulating certain recreational activities
was read and reviewed by City Attorney Clayton LeFevere, the same being on file in
Council Meeting Minutes -5- July 27, 1981
the office of the city clerk. (C-9987)
Motion by Ludeman, seconded by Collins that this constitute a first reading
of Bill 1981-17; that it be published in the official. newspaper and that second
reading of this ordinance amendment be scheduled for August 24, 1981.
Poll of votes: Ayes - Bunce, Collins, Hassenstab, Ludeman, Priebe. Nays - None.
Carried.
9. Agreement-for Consulting Services, Legion Lake/West/East Middle School
Feasibility Studies
Community Services Director Don Fondrick advised that the firm of Setter,
Leach and Lindstrom, Inc. was being proposed to conduct the feasibility study
related to future housing and recreation opportunities at Legion Lake and the
East or West Middle School. He noted that it was important that a feasibility
consultant be selected at this time so that the study can be completed for review
in coordination with the long range Capital Improvement Program.
Council Member Ludeman stated he felt the school should pay for this study.
Motion by Bunce, seconded by Collins to approve the selection of this firm
and authorize the city manager to prepare an agreement with Setter, Leach and
Lindstrom, Inc. for the purposes of providing services related to a housing
and recreation facility study for Legion Lake and East Middle School or West
Middle School for a fee of $9,375.
Poll of votes: Ayes - Bunce, Collins, Hassenstab, Priebe. Nays - Ludeman.
Carried.
10. Agreement for Architectural Services, Monroe/Fairwood Park Complex
City Manager Nollenberger advised the city council that the firm of Adkins
Association, Inc. had been selected to perform architectural services for the
major redevelopment of the Monroe/Fairwood Park complex and he recommended that
the city council approve this selection.
Council Meeting Minutes -6' July 27, :1981
Motion by Ludeman, seconded by Collins to authorize the mayor and city
manager to execute a contract with Adkins Association, Inc. for architectural
services for the Monroe/Fairwood Park redevelopment for a lump sum fee of $9,400.
All ayes - Carried.
11. Appointment of a Youth Member to Human Rights Commission
Motion by Ludeman, seconded by Collins to appoint Thomas C. Johnson, 6926
Grand Avenue, to serve a one year term as a youth member on the Human Rights
Commission.
All ayes - Carried.
12. Implementation of Charter Amendment Regarding Neighborhood Election Districts
Wards
City Manager Nollenberger summarized the provisions of the City Charter regarding
the redistricting of the city into three wards by 1982. At that time-three council
members are to be elected by ward, or district, and the remaining council person
and mayor are to be elected at large. The boundaries of the three districts should
be established using data from the 1980 federal census. The city manager noted that
a citizens committee was appointed when the precinct boundaries were last altered
in 1970 and that if the city council elected to appoint a citizens committee to
perform this task, he recommended that the committee consist of five members. He
also said that he firmly believed that the city staff should not be in a position
of making the redistricting decisions.
The city council discussed this matter at great length and agreed on the
following:
The council shall make the final decision;
The committee should present at least two alternates to the committee;
The committee shall consist of two representatives of the Democratic
party, two representatives of the Republican party, one political
Council Meeting Minutes -7- July 27, 1981
c
science instructor from the high school, one representative from
the League of Women Voters and one Independent to chair the committee;
Direct the staff to develop a resolution that will incorporate the
above statements.
13. Temporary On-Sale Nonintoxicating Malt Liquor Beverage License and License.
for Sale and Consumption of Beer in Augsburg Park
City Manager Nollenberger introduced the request of the 37th District DFL
for a temporary fee-waived on-sale nonintoxicating malt liquor beverage license
to permit the sale and consumption of beer in Augsburg Park from 12:00 Noon to
4:30 p.m. on Sunday, August Z, 1981. He noted that the applicant has made
arrangements for rental of the Community Center kitchen and dining facilities
and will pay the fee for the license for sale and consumption of beer in a city
park, as well as providing the necessary clean-up deposit required by the city.
Ms. Sue Sandahl, 7601 Bryant, spoke on behalf of the DFL.
1
Motion by Bunce, seconded by Collins to grant a temporary, fee waived on-sale
nonintoxicating malt liquor beverage license to the DFL.
Poll of votes: Ayes - Bunce, Collins, Priebe. Nays - Ludeman, Hassenstab.
Carried.
14. Purchase in Excess of $1,000 - Bomonite Repair
Council Member Ludeman questioned the expenditure of $4,050 to Concrete
Design Specialities, Inc. to do repair work on crosswalks and around bus shelters,
and various patchwork in the vicinity of 66th Street and Nicollet.
Public Services Director Don Fondrick responded to Mr. Ludeman.
Council Member Ludeman recommended that the staff research other alternatives
to accomplish this repair and return to the council with other recommendations.
15. Consent Calendar
Motion by Ludeman, seconded by Bunce that the following items be approved:
Council Meeting Minutes -8- July 27, 1981
A. Resolution Setting Date of Hearing for Issuance of Tax Exempt Bonds,
Walser Buick - CL 225A
RESOLUTION N0. 6.471
RESOLUTION CALLING A PUBLIC HEARING
ON A PROPOSED PROJECT UNDER THE
MINNESOTA MUNICIPAL INDUSTRIAL
DEVELOPMENT ACT (WALSER BUICK)
B. Award of Contract for Aldrich Avenue Cul-de-Sac - CL 252B
RESOLUTION N0. 6472
RESOLUTION ACCEPTING BID AND AWARDING CONTRACT TO
NORTHWEST ASPHALT, INC. FOR
CUL-DE-SAC CONSTRUCTION, CP 768
C. Purchases in Excess of $1,000 - CL 260C
Brochure Paper
Authorize purchase frou~ Turnquist Paper Co. of the following types
of paper;
97,500 sheets 11 x 17-ivory and India text @ $19.62/M - $1,912.95
58,500 sheets 11 x 17 tan-text @ $20.50/M - 1,199.25
19,500 sheets 11 x 17 fawn cover @ $34.62/M - 675.09
Total $3,787.29
Cold Mix Asphalt
Authorize a master purchase order with McNamara-Vivant for cold mix
asphalt at a delivered unit price of $25/ton to be used for alley patching
project to be specially assessed to the abutting homeowners.
Golf Course Spraying Equipment
Authorize purchase from Kromer Company the following items:
1980 Myers Model VTL Cart Sprayer with Ace Centrifugal Pump, 15'
three-section stainless boom, catchet control valve, 100' low pressure
hose and spray systems heavy duty hand gun - $2,295.
1981 Myers Model VTL 25P3GS with PTO drive, including a 25 GPM piston
pump 800 PSI, dual wheel 2nd trailer assembly, 21' three section stainless
Council '•lceting ;tinutes -9- July 27, 1981
steel boom, -~ose reel, 100' high pressure hose, remote control valve,
Ayers (?Sodel 17582D) hand gun with 2 nozzle head and caster wheel jack -
$5,889.38. Total purchase price - $8,184.38.
Cash Registers
:lutliorize tl~e purchase of six electronic cash registers from Data
Tez-minal Systems, Inc. in the amount of $11,853<per store.
• ~
D. Release or Bond for Off-Street Parking Contract, 7715 4th-Avenue - CL 251D
RESOLUTION N0. 6473
RESOLUTION RELATING TO RELEASE OF BOND
ON OFF-STREET PARKING
Lamont Jankard
7715 - 4th Avenue South
Use: Beauty Salon
1
E. Clai^~s and Payrolls
RIC1iFIELD 3A\K & TRUST
Checks053/53338
Checks 7?896/73365
SU:~lIT STATE SANK
Checks ti3779/63808
All ayes - Carried.
16. Adjournment
$3,106,209.52
Motion by Collins, seconded by Hassenstab that the meeting adjourn.
All ayes - Carried. Time: 9:50 p.m.
Date Approved: August 10, 1981
Sy a K. Bergh City Clerk
General $ 415,497.10
Payroll 224,513.88