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08-24-1981CITY OF RICHFIELD Regular Meeting August 24,-1981 The City Council of the City of Richfield met in regular session in the council chambers of the city hall on Monday, August 24, 1981 at 7:00 p.m. The meeting was called to order by Mayor Donald Priebe. Present: Bunce, Collins, Ludeman, Priebe Absent: Hassenstab The City Manager indicated that Councilmember Hassenstab had informed him he would be unable to attend due to commitments at his place of employment. City Manager Karl Nollenberger gave the invocation. Mayor Priebe led in the Pledge of Allegiance. 1. Minutes Motion by Ludeman, seconded by Bunce to approve the minutes of the regular meeting of August 10, and the joint city council/planning commission meeting of August 17, 1981. All ayes - Carried. Absent - Hassenstab. 2. Presentation of "Employee of the Quarter" Award Mayor Priebe presented the "Employee of the Quarter" award to Harvey Tam, an employee of the water plant. Mr. Tam was selected. for this award in recognition of his initiative in returning to the water plant at the time of the Lyndale Garden Center fire. 3. Opportunity for Members of the Audience to Address the City Council Mike Doleman, 6824 Queen, spoke about proliferation of stop signs and other traffic control devices and the energy costs resulting from them. Geri Christensen, 6929 10th Avenue, said she felt there were too many liquor licenses and that she was against liquor being served at 10:00 a.m.; also she ex- pressed displeasure in actions of occupants of rental property. George Tellgren, 6938 Upton, asked about the location for play in 1982 of Council Meeting Minutes -2- August 24, 1981 the West Richfield Softball League. He discussed the council's denial of a permit to sell beer in the park at their last meeting and suggested a double standard is practiced in the community on beer in the parks. Mr. Judd Johnson, of Grandy, MN, appeared and addressed the council's action of August 10, 1981 in awarding the bid for ice arena beam repair. He said he was the apparent low bidder but was not awarded the contract and that he felt the council did not have adequate information before making the decision. He. asked that the council reconsider the bid award. 4. ~ Approval of Agenda Motion by Bunce, seconded by Ludeman to approve the agenda with the addition of consideration of the award of the ice arena repair contract. All ayes - Carried. Absent - Hassenstab. Motion by Bunce, seconded by Collins to reconsider the council action of .August 10, 1981, awarding a contract for resurfacing of beams at the Richfield Ice Arena. All ayes - Carried. Absent - Hassenstab. Motion by Ludeman, seconded by Collins to reject all bids received for said work and to readvertise for bids for resurfacing of beams at the ice arena. All ayes - Carried, Absent - Hassenstab. 5. Ordinance Amendment Relating to Accessory Buildings. Second Readin City Manager Nollenberger presented an ordinance amendment relating to detached accessory buildings which will provide the city staff with authority to requi~e certain standards be met in the maintenance of detached buildings. Motion by Ludeman, seconded by Bunce to close the hearing. All ayes - Carried. Absent - Hassenstab, Bill 1981-14, "An Amendment to Chapter III, Part IV, Section 3.39 of the Council Meeting Minutes -3- August 24, 1981 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 second reading of Bill 1981-I4; that it be published in the official newspaper and that it be made a part of these minutes. Poll of votes: Ayes - Bunce, Collins, Ludeman, Priebe. Nays - None. Absent - Hassenstab. Carried. 6. Ordinance Amendment Relating to Gambling Activities. Second Reading. City Manager Nollenberger reviewed the changes this ordinance amendment would implement. Mr. Leon Lunas, from the Fred Babcock VFW, spoke regarding the gambling fee structure as provided in the State Statutes. Motion by Ludeman, seconded by Collins to close the hearing. All ayes - Carried. Absent - Hassenstab. Bill 1981-15, "An Amendment to Chapter V, Para. II, Section 5.19 and Appendix D of the Ordinance Code of the City of Richfield", was read and reviewed by City Attorney 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 second reading of Bill 1981-15; that it be published in the official newspaper and that it be made a part of these minutes. Poll of votes: Ayes - Bunce, Collins, Priebe. Nays - Ludeman. Absent - Hassenstab. Carried. Mr. Ludeman stated that he does not agree with the gambling issue in principle and therefore, voted against this ordinance. 7. Ordinance Amendment Relating to Public Bathhouses. Second Reading. . The city council reviewed a revised version of this ordinance. City Attorney LeFevere presented a more recent version of this ordinance and after discussion -among the council, it was agreed that this public hearing should be continued. Council Meeting Minutes -4- August 24, 1981 Motion by Ludeman, seconded by Collins to continue this hearing to September 14, 1981. All ayes - Carried. Absent - Hassenstab. 8. Ordinance Amendment Relatin to Sunday Liquor Sales. Second Reading. City Manager Nollenberger presented an ordinance amendment relating to the sale of liquor on Sundays beginning at 11:00 a.m. for city council review. A representative of the Consul Corporation, new owners of Chi Chi's, spoke on behalf of the 11:00 o'clock-law as they open every day at 11:00 o'clock. Geri Christensen, 6929 10th Avenue, spoke against this ordinance. Motion by Ludeman, seconded by Bunce to close the hearing. All ayes - Carried. Absent - Hassenstab. Bill 1981-16, "An Amendment to Chapter XI, 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. (C-9986) Motion by Bunce, seconded by Collins that this constitute a second reading of Bill 1981-16; that it be published in the official newspaper and that it be made a part of these minutes. Poll of votes: Ayes - Bunce, Collins, Priebe. Nays- - Ludeman. Absent -Hassenstab. Carried. 9. Right-of-Way Vacation, Disposition of Public Propert and Re-Subdivision, 74th Street and Upton Avenue City Manager Nollenberger advised that a request had been received from the applicant to continue consideration of this item to October 12, 1981. Motion by Collins, seconded by Bunce to continue this item to October 12, 1981. All ayes - Carried. Absent - Hassenstab. 10. Transitory Ordinances Relating to Vacation of Portion of Graham Avenue and Alley Between L ndale Avenue, Lake Shore Drive and 66th Street Second Reading. City Manager Nollenberger presented two transitory ordinances providing for . Council Meeting Minutes ~5- August 24, 1981 vacation of property on Graham Avenue and an alley between Lyndale Avenue and 66th Street which had been given first reading approval on November 24, 1980. He noted that second reading had been deferred because the future of the Lake Shore Drive Cooperative project was in doubt. Now the project is progressing and agreements have been reached on access problems. Don Lynch, 6617 Lakeshore Drive, commented on the cooperation he has enjoyed with the staff. toe Davis, 6639 Lakeshore Drive, asked about wording in the ordinance. He was advised that the ordinance had been corrected. Motion by Collins, seconded by Bunce to close the hearing. All ayes - Carried. Absent - Hassenstab. Motion by Ludeman, seconded by Collins to amend the ordinance to substitute the new language for the legal description. All ayes - Carried. Absent - Hassenstab. Bill 1980-27, Transitory Ordinance No. 16.70.1, "A Transitory Ordinance Providing for the Vacation of a Portion of Graham Avenue South and Circle Place", was read and reviewed by City Attorney Clayton LeFevere, the same being on file in the office of the city clerk. (C-9931) Motion by Ludeman, seconded by Collins that this constitute a second reading of Bill 1980-27; that it be published in the official newspaper and that it be made a part of these minutes. Poll of votes: Ayes - Bunce, Collins, Ludeman, Priebe. Nays - None. Absent - Hassenstab. Carried. Motion by Ludeman, seconded by Bunce to amend the ordinance to substitute the new language for the legal description. All ayes - Carried. Absent - Hassenstab. Council Meeting Minutes -6- August 24, 1981 Bi11 1980-28, Transitory Ordinance No. 16.71, "A~Transitory Ordinance Providing for the Vacation of a Portion of Auto Lane Within Fairwood Shores", was read and reviewed by City Attorney Clayton LeFevere, the same being on file in the office of the city clerk. (C-9932) Motion by Ludeman, seconded by Bunce that this constitute a second reading of Bill 1981-28; that it be published in the official newspaper and that it be made a part of these minutes. Poll of votes: Ayes - Bunce, Collins, Ludeman, Priebe. Nays - None. Absent - Hassenstab. Carried. 11. Public Hearin Additional Alley Paving, Cit Project 734 Community Development Director Dennis Kraft reported that requests have been received for the paving of three additional alleys at the following locations: Between From To Queen and Russell Avenue 68th Street 69th Street Stevens and 2nd Avenue 72nd Street 73rd Street First and Stevens Avenue 72nd Street 73rd Street He presented information concerning. paving specifications and the cost of assessments. Mike Doleman, 6824 Queen, asked for cost information and when alley petitions were circulated. Mayor Priebe advised him of the public meetings that had been held. Motion by Ludeman, seconded by Collins to close the hearing. A11 ayes - Carried. Absent - Hassenstab. 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. 6486 RESOLUTION ORDERING THE PAVING OF THREE ADDITIONAL ALLEYS AND PREPARATION OF PLANS Poll of votes: Ayes - Bunee, Collins, Ludeman, Priebe. Nays - None. Absent - Council Meeting Minutes -7- August 24, 1981 Hassenstab. Carried. This resolution appears as Resolution No. 6486 in Resolution Book No. 47. 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. 6487 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND CHANGE ORDER FOR ADDITIONAL ALLEY PAVING CITY PROJECT 734 Po11 of votes: Ayes - Bunce, Collins, Ludeman, Priebe. Nays - None. Absent - Hassenstab. Carried. This resolution appears as Resolution No. 6487 in Resolution Book No. 47. Motion by Ludeman, seconded by Collins to approve the change order with Arcon Construction in the amount of $56,250. All ayes - Carried. Absent - Hassenstab. 12. Request for Special Use Permit and Wine License for Pontillo's Pizza, 2312 West 66th Street City Manager Nollenberger presented the request for a special use permit to allow the on-sale of wine in Pontillo's Restaurant. Mr. Roger Shelper, partner in the Pontillo's firm, and the new manager of the establishment, Mr. Rod Graves, appeared in support of their request. Motion by Bunce, seconded by Collins to close the hearing. All ayes - Carried. Absent - Hassenstab. Motion by Bunce, seconded by Collins to grant this special use permit and the wine license. Poll of votes: Ayes - Bunce, Collins, Priebe. Nays - Ludeman. Absent - Hassenstab. Carried. 13. Public Hearing Regarding Wine License Application, The Inn, 7640 Cedar Avenue Public Safety Director Tom Morgan reviewed the public safety department's Council Meeting Minutes -8- August 24, 1981 investigation of Heidi's Stuberl Restaurant, located in Prest Motor Inn at 7640 Cedar Avenue. He indicated that there were no 'existing conditions that would prohibit issuance of an on-sale wine license and nonintoxicating malt liquor license. Mr. John Prest, president of the establishment, appeared in support of his request. He advised that his son, Robert, was now the manager. Motion by Ludeman, seconded by Collins to close the hearing. All ayes ~ Carried. Absent -. Hassenstab. Motion by Bunce, seconded by Collins to approve the issuance of an on-sale -wine license and a nonintoxicating malt liquor license, contingent upon the public safety investigation of the new manager. Polh of votes: Ayes--_.Bunce, Collins,- Priebe. Nays - Ludeman. Absent - Hassenstab. Carried. 14. Application for On-Sale Liquor, Sunday Liquor and Tavern Licenses, Consul Corporation (dba Chi Chi's Restaurant and Maximillian's) 7717 Nicollet Avenue Public Safety Director Tom Morgan reviewed the background investigation con- , ducted on the Consul Corporation, an Eden Prairie corporation which owns the franchise rights to the Chi Chi's Restaurant chain in Minnesota, North Dakota, parts of Wisconsin and certain areas of Canada. Mr. Merrill Anderson, chairman of the Board of Consul Corporation, was present. He answered council questions regarding the franchise and their concerns about extending the privacy fence from LaBelle's to Nicollet Avenue. Mr. Anderson gave assurance that this issue-would be resolved. The council indicated they expected this to be resolved before the license is renewed. Motion by Bunce, seconded by Ludeman to close the hearing. A11 ayes - Carried. Absent - Hassenstab. Motion by Bunce, seconded by Collins to approve the issuance of on-sale liquor, Sunday liquor and tavern licenses to the Consul Corporation, Council Meeting Minutes -9- All-ayes - Carried. Absent - Hassenstab. The council recessed at 9:20 p.m. and reconvened at 9:43 p.m. August 24, 1981 15. Ordinance Amendment Relating to Second Mortgage Requirements, Low-Moderate Income Family Housing Projects. First Reading. City Manager Nollanberger presented an ordinance amendment relating to second mortgages on Section Z35 homes, sold by the HRA. The HRA can recover its subsidy or writedown at the time of resale, by imposing a second mortgage on the property, if it is a requirement of city ordinance. This ordinance will resolve this matter. Bill 1981-18, Transitory Ordinance No. 16.82, "An Ordinance Directing the 1 Richfield Housing and Redevelopment Authority to Designate Certain Real Property Liens as Secondary", was read and reviewed by City Attorney Clayton LeFevere, the same being on file in the office of the city clerk. (C-9988) Motion by Ludeman, seconded by Collins that this constitutg a first reading of Bill 1981-18; that it be published in the official newspaper and that second reading of this ordinance amendment be scheduled for September 14, 1981. Poll of votes: Ayes - Bunce, Collins, Ludeman, Priebe. Absent- Hassenstab. Carried. 16.~ Approval of Plans and Specifications, Monroe Fairwood Park Improvements Community Services Director Don Fondrick reviewed the plans for redevelopment of the Monroe/Fairwood Park complex. Paul Fjare, from Brauer and Associates, presented sketches of the proposed design of the park and answer council questions. Bob Morgan, of Atkins Associates, outlined the potential of the building facilities. George Tellgren, 6937 Upton, asked questions about the building construction and indicated his approval of the plan, but said he would have liked to see two ballfields instead of one. Council Meeting Minutes -10- August 24, 1981 Motion by Ludeman, seconded by Collins to approve the plans for the Monroe/ Fairraood Park complex improvement project, and authorize the taking of bids. All ayes - Carried. Absent - Hassenstab. 17. Kennel License Request, 6726 Chicago Avenue Mrs. Myrtle Wickstrom appeared on her own behalf. She showed a letter from all neighbors except one consenting to the existence of her kennel which houses three dogs. Anne Marie Person, 6720 Chicago, spoke against this license renewal. Mrs. Janine M. Wischnewski, 6732 Chicago, presented a letter (C-9989) in support of Mrs. Wickstrom's application and spoke as well. Motion by Ludeman, seconded by Bunce to approve the license renewal providing the applicant erects a wood fence at least four feet high around her property. Poll of votes: Ayes - Bunce, Ludeman, Priebe. Nays - Collis, Absent - Hassenstab. Carried. 18. Report on Bomonite Construction Material City Manager Nollenberger presented four alternatives of varying costs to repair or replace the bomonite pedestrian areas in the first phase of the L/H/N public im- provement project. Motion by Ludeman, seconded by Collins to select Alternate ~~3, which would be to retain the bomonite and take care of the major cracks and deepest breaks at an estimated cost of $1,000, such work to be completed by Concrete Design Specialties, Inc. All ayes - Carried. Absent - Hassenstab. 19. Discussion of Airport Noise The city council discussed the air controllers strike and the adverse impact of airport noise on the northeast portion of the City. Council Meeting Minutes -11- August 24, 1981 20. Consent Calendar Motion by Bunce, seconded by Ludeman that the following items be approved: A. Revision of Joint Cooperative Agreement with Hennepin County for Community Development Block Grant Program - CL 294 RESOLUTION N0. 6488 RESOLUTION APPROVING JOINT COOPERATION AGREEMENT WITH HENNEPIN COUNTY B. L/H/N Authorization for Related House Moves - CL 236 RESOLUTION N0. 6489 RESOLUTION RELATING TO THE MOVING OF BUILDINGS OVER STREETS, ALLEYS AND PUBLIC HIGHWAYS C. Contract Award for Overflow Parking Lot at Golf Course - CL 302 Award contract to low bidder, McNamara Vivant 'Contracting Co., for asphalt work at a unit price of $3.10 per square yard, making the bid equal to $10,617.50, and the alternate equal to $837, for a total contract of $11,454.50. D. Purchase in Excess of 1 000 - CL 303 Gravel Authorize master purchase order for an estimated 900 ton Class II gravel at $4.25 per ton for a total estimated purchase from Edward Kraemer & Sons, Inc. in the amount of $3,825, to be used at-the golf course. Central Garage Roof Authorize roof repair be done by Richardt Roofing and Insulation, Inc. in the amount of $9,280. E. Release of Off-Street Parking Bond, Ground Round Restaurant - CL 285 RESOLUTION N0. 6485 RESOLUTION RELATING TO RELEASE OF BOND ON OFF-STREET PARKING Off-Street Parking No. 79-1 Contract No. 2288 Location: 1504 E. 78th Street Use: Ground Round Restaurant Council Meeting Minutes -12- August 24,-1981 F. Payments and Estimates 1. Estimate city's share participation agreement CP 7053 - Hennepin County - $90,954.40 2. Arcon Construction, CP 727, 15% complete - $20,453.20 (sidewalks) 3. Arcon Construction, CP 734, 48% complete - $76,981.68 (alleys) 4. Electric Service Co., CP 761, 14% complete - $32,443.47 (street lighting) 5. 'Ray N.~.Anderson, Contract 2348, 33% complete - $13,50.0 (lime. sludge dispo-sal) G. Claims and Payrolls Richfield Bank & Trust Check 2123/53811 General $ 648,999.33 Check 73892/7430.4 Payroll 216,867.92 Summit State Bank Check 63838/63906 - $1,207,569,95 A11 ayes - Carried. Absent - Hassenstab. 21. Adjournment Motion by Ludeman, seconded by Bunce that the meeting adjourn. All ayes - Carried. Absent - Hassenstab. Time: 11:45 p.m. Date Approved: September 14, 1981 Sy v' K. Bergh Ci y Clerk Karl Nollenberger City Manager