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08-10-1981CITY OF RICHFIELD Regular Meeting August 10, 1981 The City Council of the City of Richfield met in regular session in the council chambers of the city hall on Monday, August 10, 1981, at 7:00 p.m. The meeting was called to order by Mayor Donald Priebe at 7:08 p.m. Present: Bunce, Collins, Hassenstab, Ludeman, Priebe City Manager Karl Nollenberger gave the invocation. City Manager Nollenberger led in the Pledge of Allegiance. 1. Minutes Motion by Ludeman, seconded by Hassenstab that the minutes of the July 27, 1981 city council meeting be approved as submitted. A11 ayes - Carried.-` 2. Opportunity for Members of the Audience to Address the City Council - Mrs. Agnes Williams, 128 E. 70th Street, asked if Richfield had any underground power and telephone cables. The City Manager indicated that there are approximately eight percent. Tim Wandzel, 7314 Upton, spoke about his displeasure with the Adams Hill Park project. He discussed the matter .of easements, the damage done after a tree was removed from his property, topsoil erosion, weeds and ruts and a lack of cooperation from city officials. Motion by Hassenstab, seconded by Bunce to schedule a meeting with the staff, architect and residents of the Adams Hill Park area for August 24, 1981, at 5:00 p.m. to endeavor to resolve these differences. A11 ayes - Carried. 3. Council Approval of Agenda Council member Bunce asked that the following kennel license applications be removed from the consent calendar: Council Meeting Minutes -2- August 10, 1981 Catherine E. Bros, 6338 Clinton Garnette W. Kelber, 6314 - 14th Avenue Myrtle A. Wickstrom, 6726 Chicago Motion by Hassenstab, seconded by Ludeman to approve the agenda with the above exceptions: A11 ayes - Carried. 4. Vacation of A11ey on Block 5= New Ford Town City Manager Nollenberger reviewed the request for vacation of the alley bounded by 21st and 22nd Avenues and East 65th and 66th Streets. Mr. Julian Halvorson, 6531 21st Avenue, spoke in support of his request. Motion by Ludeman, seconded by Collins to close the hearing. A11 ayes - Carried. 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 Clayton LeFevere, the same being on file in the office of the city clerk. (C-9982) Motion by Ludeman, seconded by Bunce that this constitute a second reading of Bill 1981-12; that it be published_in the official newspaper and that it be made a part of these minutes. Po11 of votes: Ayes - Bunce, Collins, Hassenstab, Ludeman, Priebe. Nays - None. Carried. 5. (~ Transitory Ordinance Providin for Expenditure of Money From the Special Revenue Fund. Second Reading. City Manager Nollenberger reviewed the appropriations this transitory ordinance would accomplish - park land acquisition, the Civic Plaza sculpture and a city hall security system. Mr. Felton Jenkins, chair person of the Civic Plaza Committee, spoke of his role and support for the "family sculpture". Countil Meeting Minutes -3- August 10, 1981 Mr. Ralph Bruins, fund raising chairperson, spoke of the family as the strength of the community. He presented a check for approximately $10,100, which represents donations received from various city residents and businesses. Motion by Ludeman, seconded by Hassenstab to close the hearing. All ayes - Carried. Bill 1981-13, Transitory Ordinance No. 16.81, "An Ordinance Providing 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 Clayton LeFevere, the same being on file in the office of the city clerk. (C-9983) Motion by Ludeman, seconded by Bunce that this constitute a second reading a of Bill 1981-13; 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. (b) Civic Plaza Sculpture 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. 6475 RESOLUTION AUTHORIZING ACCEPTANCE OF THE MONIES COLLECTED FOR THE CIVIC PLAZA SCULPTURE Poll of votes: Ayes - Bunce, Collins, Hassenstab, Ludeman, Priebe. Nays - None. Carried. This resolution appears as Resolution No. 6475 in Resolution Book No. 47. City Manager Nollenberger provided a historical background of the planning for the civic plaza sculpture and told of past councils' commitment to the project. Mr. Norman Holen, a local artist selected for his sculpture, "The Family", talked about his inspiration for the sculpture and explained his role in the design Council. Meeting Minutes -4- August 10, 1981 and assembly of the piece. The sculpture is expected to be in place in October, 1981. 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. 6476 RESOLUTION AUTHORIZING THE EXECUTION OF AGREEMENTS BETWEEN THE CITY OF RICHFIELD AND CONTRACTORS FOR COMPLETION OF THE CIVIC PLAZA SCULPTURE Poll of votes; Ayes - Bunce, Collins, Hassenstab, Ludeman, Priebe. Nays - None. Carried. .This resolution appears as Resolution No. 6476 in Resolution Book No. 47. 6. Request for Special Use Permit and Wine License for 2312 West 66th Street City Manager Nollenberger introduced the request of Ponti:llo's Restaurant for a special use permit to allow the sale of wine. Mr. Jim Smith, former manager of the restaurant, appeared and answered council questions. Tom Morgan, Public Safety Director, spoke of the public safety patroling of the parking lot and the one complaint generated from the restaurant. The council discussed the fact that the present manager of the restaurant had not appeared at the hearing and it was agreed .that further discussion with the present manager was desired. Motion by Bunce, seconded by Ludeman to close the hearing. All ayes - Carried. Motion by Bunce, seconded by Ludeman to reconsider the first motion made to close the hearing. All ayes - Carried. Motion by Bunce, seconded by Ludeman to continue this hearing to August 24, 1981. All ayes - Carried. Council Meeting Minutes -5- August 10, 1981 Motion by Hassenstab, seconded by Ludeman that a policy be established for future special use and wine and liquor hearings, that the owner of the corporation or partner and the manager of establishments be requested to be present at the Planning Commission hearing and strongly suggested to be present at the city council hearing. All ayes - Carried. 7. Request of Variance, 6314 Newton Avenue South City Manager Nollenberger reviewed the request for variance of Mr. Terry DeGidio to reduce the minimum lot width of 50 feet to 45 feet and the minimum lot area from 8,000 squre feet to 5,760 square feet. 1 Mr. DeGidio appeared and spoke on his own behalf. Motion by Bunce, seconded by Ludeman to close the hearing. All ayes - Carried. Motion by Ludeman, seconded by Bunce to approve this variance request with the stipulation that the present garage be removed from the site or the entrance to the garage be altered to prevent Mr. DeGideo from trespassing on the adjoining property. All ayes - Carried. Council members Hassenstab and Ludeman said they wished the record to show they would vote for approval in this instance, but generally they voted against 45 foot lots. 8. Request for Variance, 7001 Harriet Avenue South (Independent School District 280) City Manager Nollenberger advised the city council that the applicant had not appeared at the Planning Commission meeting on behalf of this request and the Commission had deferred action until August 25th. He recommended that this hearing be continued to September 14. Motion by Ludeman, seconded by Hassenstab to continue this hearing to the September 14, 1981 city council meeting. Council Meeting Minutes -6- August 10, 1981 All ayes - Carried. 9. Request for Special Use Permit for 7640 Cedar Avenue South City Manager Nollenberger reviewed the request of Heidi's Stuberl, a restaurant located at The Inn, 7640 Cedar Avenue, for a special use permit to allow the on-sale of wine. Mr. John Prest, owner of The Inn, appeared in support of his request and responded to questions about whether there were congested parking conditions at the establishment. Motion by Ludeman, seconded by Collins to close the hearing. All ayes - Carried. Motion by Hassenstab, seconded by Collins to approve the special use permit and set the date ofhearing on the on-sale wine license application. for August 24, 1981. All ayes - Carried. Mayor Priebe requested the staff to evaluate the parking problems and report back to the council at the August 24th meeting. The City Manager noted that the August 11, 1980 minutes showed that Mr. Prest had indicated he would rent additional parking facilities if the need arose. 10. Request for Special Use Permit for 7745 Penn Avenue South Community Development Director Dennis Kraft reviewed the request for a special use permit and variance of Walser Buick, Inc. to allow conversion of a gasoline service station located at 7745. Penn Avenue to a car sales lot. He noted that the Planning Commission and staff had both recommended approval subject to stipulations as outlined in Council Letter No.276. ~ ~ ' Mr. Dale Graham, vice president of Walser Buick, Inc., appeared in support of his request, but spoke against the stipulation eliminating parking in the fifty foot triangle at Penn and 78th Street. He cited the accident ratios surrounding r Council Meeting Minutes -7- this property and said he recognized the traffic volume in that area. Motion by Hassenstab, seconded by Ludeman to close the hearing. All ayes - Carried. August 10, 1981 Motion by Ludeman, seconded by Collins to approve this application for special use permit subject to the following stipulations: 1. That the lighting conform to all applicable city ordinances; 2. That the required 50 foot visibility triangle at the corner of Penn Avenue and the frontage road be unobstructed and that the area be landscaped in accordance with a city staff approved plan. A11 ayes - Carried. Motion by Ludeman, seconded by Collins to approve this application for variance a subject to the following stipulation: 1. That this variance is to reduce the existing structure's required setback of 40 feet to the existing 25 feet from the east property line only. All ayes - Carried. Motion by Bunce, seconded by Hassenstab to renew the request to have an assessment made of the need for a semaphore on the Penn Avenue service road area near Walser Buick. All ayes - Carried. The council recessed at 9:10 p.m. and reconvened at 9:25 p.m. 11. Resolution Establishing Committee to Work on Redist -cting In response to the council's request of July 27, City Manager Nollenberger 1 presented a resolution calling for the establishment of a committee to work on the redistricting of the city's election districts for implementation in 1982, as mandated by the city charter. The city council discussed the resolution and suggested two changes in language - Council Meeting Minutes -8- August 10, 1981 "registered Independent" be changed to "a registered voter who is an Independent" "immediately" be changed to "as soon as possible" Mike Saxtdahl, 7601 Bryant Avenue, suggested putting a deadline on this committee's actions. Martin Kirsch, 6725 Penn Avenue, asked if precincts are going to be dealt with at the same time as wards. The council advised that the precincts and wards will be determined simultaneously. Motion by Bunce, seconded by Ludeman that the following resolution, as amended, be adopted; that it be spread in the resolution book and that it be made a part of these minutes• RESOLUTION N0. 6477 RESOLUTION ESTABLISHING A COMMITTEE TO WORK ON REDISTRICTING Poll of votes: Ayes - Bunce, Collins, Hassenstab, Ludeman, Priebe. Nays -.None. Carried. This resolution appears as Resolution No. 6477 in Resolution Book No. 47. 12. Application for Permit to Sell Beer in Park, Richfield Adult Softball Association City Manager Nollenberger reviewed the request of the Richfield Adult Softball Association for a permit to sell beer in Taft Park during their Men's "C" Division Minnesota State District Slow Pitch Softball Tournament August 21 - August 23. He reviewed the controls and conditions outlined in the ordinance code under which permits may be issued. Motion by Hassenstab, seconded by Ludeman to deny this license application on the basis that the applicant failed to appear, Poll of votes: Ayes - Collins, Hassenstab, Ludeman, Priebe. Nays - Bunce. Carried. 13. Request for Off-Street Parking Permit, Corporate Travel Office Development, 1400 West 76th Street City Manager Nollenberger presented the request for an off-street parking permit Council Meeting Minutes -9- August 10, 1981 of Corporate Travel Office Development, 1400 West 76th Street. Community Development Director Dennis Kraft outlined the progress of this development and the changes that have been incorporated in the office building since the council gave its approval to this development in May, 1980. Mr. Del Erickson, architect for the project, commented on aspects of the development. Mr. Steve Wirth, attorney for the Ericksons, developers of Corporate Travel, indicated that his client would prefer a $50,000 bond rather than contributing $50,000 towards the traffic signal installation. 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: 1 RESOLUTION N0. 6478 RESOLUTION APPROVING LAYOUT AND CONTRACT FOR OFF-STREET PARKING IN ACCORDANCE WITH APPLICATION N0. 81-4, CONTRACT N0. 2334 Erickson & Sons, Inc. 46 E. 4th Street St. Paul, MN 55101 Location: 1400 W. 76th Street Use: New Office Parking Area Poll of votes: Ayes - Bunce, Collins, Hassenstab, Ludeman, Priebe. Nays - None. Carried. This resolution appears as Resolution No. 6478 in Resolution Book No. 47. 14. Award of Contract for Public Safety Building Addition Public Safety Director Tom Morgan reviewed the bids received for the construction contract on the public safety facility improvement project. He indicated the bids were somewhat higher than anticipated and bids ran from a low of $813,800 to a high of $894,800. Mr. Morgan recommended that the city council approve the low bid of $813,800, plus Alternate ~kl, $45,718, presented by Rutledge Construction Company. Motion by Ludeman, seconded by Bunce to approve the bid of the Rutledge Construction Company in the amount of $813,800, plus $45,718 for the city hall roofing improvement. All ayes - Carried. Council Meeting Minutes -10- August 10, 1981 15. Kennel License Applications Motion by Ludeman, seconded by Bunce to issue the following kennel licenses with the request that the applicants reduce the number of animals by half next year: Catherine E. Bros, 6338 Clinton - 18 cats, residential Garnette W. Kelber, 6314 - 14th Avenue - 18 cats, residential Poll of votes: Ayes - Bunce, Hassenstab, Ludeman, Priebe. Nays - Collins. Carried. Motion by Bunce, seconded by Hassenstab to defer consideration of the following kennel license application to August 24, 1981: Myrtle A. Wickstrom, 6726 Chicago Avenue - 3 dogs, residential All ayes - Carried. 16. Consent Calendar Motion by Ludeman, seconded by Collins that the following. items be approved: A. Award of Contract - Ice Arena Improvements - CL 273 Award the contract for laminated wood beam repair at the Richfield Ice Arena to Osmose Wood Preservation Company of America, Inc., in the amount of $28,200. B. Amendment to Joint Powers Agreement, Hennepin County Criminal Justice Coordinating Council - CL 265 RESOLUTION N0. 6474 RESOLUTION APPROVING AMENDMENT TO HENNEPIN COUNTY CRIMINAL JUSTICE COORDINATING COUNCIL BYLAWS C. Additions to A11ey Paving Project, CP 734 - CL 270 RESOLUTION N0. 6479 RESOLUTION RECEIVING PRELIMINARY REPORT AND CALLING PUBLIC HEARING ON PROPOSED ADDITION TO CITY PROJECT-734 RESOLUTION N0. 6480 RESOLUTION ORDERING PRELIMINARY REPORT ON PROPOSED ADDITION TO CITY PROJECT 734 D. Kennel License Applications Council Meeting Minutes -11- August 10, 1981 Elaine J. Bergquist, 7429 Humboldt Avenue - Commercial Roszella V. Harding, 7139 Columbus Avenue - 4 dogs, residential Joyce McPheeters, 7340 Emerson = 4 dogs, residential Rosemary Riga, 6344 Bloomington - 4 cats, residential Herman Rude, 7430 Blaisdell - 4 dogs, residential E. Hearing on Application for On-Sale Liquor, Sunday Liquor and Tavern Licenses, Consul Corporation (dba ChiChi's Mexican Restaurant and Maximillian's - CL 263 Set the date for a public hearing on the on-sale liquor, Sunday liquor and tavern license applications submitted by Consul Corporation for August 24, 1981. F. Purchases in Excess of $1,000 - CL 277 Boiler Repair Authorize Moorhead Machinery and Boiler Company to repair boiler at ice arena at a quoted cost of, $4,270. Playground Equipment Authorize the purchase of playground equipment, to be located at the east youth complex in the vicinity of 66th Street and 24th Avenue South, from Minnesota Play- ground Equipment, Inc. in the amount of $1,231. _ Liquid Carbon Dioxide Authorize the purchase of an estimated 200 ton of liquid carbon dioxide, on a keep fill basis, at a unit price of $44.50 (total purchase $8,900) from Cardoz Division of Chemtron. Treated Lumber Authorize the purchase of new treated wood for city garage improvement from MacGillis and Gibbs for a total purchase price of $3,603.60. Tennis Court Resurfacing Authorize Action Courts, Inc. to complete resurfacing four tennis courts at Augsburg Park at a total cost of $5,980. Underground Wiring Authorize underground wiring at Rich Acres Park to be installed by Northern States Power in the amount of $4,650. Council Meeting Minutes -12- August 10, 1981 Grading Authorize G. L. Contracting, Inc. to do grading work at Rich Acres Park for a total price of $7,875. Storm Sewer Improvements Authorize Q.R.S. Corporation to do necessary storm sewer work at Rich Acres Park in the amount of $4,000. Liquor Store Security System Authorize the purchase of a video surveillance system for all three liquor stores to be purchased from Video Images, for a total price of $6,225. G. Resolution Relating to Maintenance Assessments, L/H/N Redevelopment Area - CL 278 RESOLUTION N0. 6481 RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT (For L/H/N Maintenance) RESOLUTION N0. 6482 RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT (For L/H/N Redevelopment Area) RESOLUTION N0. 64$3 RESOLUTION PROPOSING TO SPECIALLY ASSESS FOR THE COST OF CURRENT SERVICES PROVIDED WITHIN THE LYNDALE/HUB/NICOLLET PROJECT AREA (Period ;7uly 1, 1981 - December 31, 1981) RESOLUTION N0. 6484 RESOLUTION PROPOSING TO SPECIALLY ASSESS FOR THE COST OF CURRENT SERVICES PROVIDED WITHIN THE LYNDALE/HUB/NICOLLET PROJECT AREA (Period January 1, 1982 - December 31, 1982) H. Payments and Estimates Hennepin County Treasurer, CP 7053, City's Share County Project 7807 on CSAH53, Right-of-Way Expenditures - Estimate $275,786.10 Council Meeting Minutes -13- August 10, 1981 I. Claims and Payrolls RICHFIELD BANK & TRUST Checks 2090/53587 General $1,944,169.21 Checks 73370/73826 Payroll 225,458.32 SUMMIT STATE BANK Checks 63809/63837 $2,091,491.06 All ayes - Carried. 17. Adjournment Motion by Collins, seconded by Hassenstab that the meeting adjourn. All ayes - Carried. Time: 11:25 p.m. Date Approved: August 24, 1981 Sy is K. Bergh City C .•r ~~~ J ~ Karl Nollenberger City Manager