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09-28-19813 CITY OF RICHFIELD Regular Meeting September 28, 1981 The City Council of the City of Richfield met in regular session in the council chambers of the city hall on Monday, September 28, 1981 at 7:00 p.m. The meeting was called to order by Mayor Donald J. Priebe at 7:12 p.m. Present: Bence, Collins, Hassenstab, Ludeman, Priebe City Manager Nollenberger gave the invocation. Mayor Priebe led in the Pledge of Allegiance. 1. Minutes Councilmember Ludeman requested that certain additions be made to the minutes of the special meeting at Adams Hill Park of August 24, 1981 and that approval of these be deferred. ~ ~~ ~~ Mayor Priebe asked that the following be added to the September'14, 1981 minutes, item 17: "Mayor Priebe stated he voted 'no' on the temporary kennel license as he wished it could have been issued for the full calendar year." Motion by Ludeman, seconded by Hassenstab to approve the minutes of the regular city council meeting of September 14, 1981, as amended, the minutes of the budget hearing of September 14, 1981 and the minutes of the September 16, 1981 continued budget hearing. All ayes - Carried. 2. Opportunity for Members of the Audience to Address the City Council Gordon McKinnon, 7308 Upton, asked questions about the Adams Hill Park project. 3. Approval of Agenda Councilmember Ludeman asked that the payment to Electric Service Co., CP 761, be removed from the consent agenda. City Manager Nollenberger asked for the inclusion of a raffle license application Council Meeting Minutes -2- September 28, 1981 from West Middle School and a purchase in excess of $1,000 for a leadolator bullet trap. Motion by Hassenstab, seconded by Collins to approve the agenda as amended. All ayes - Carried. 4. Request for Variance, 6501 Penn Avenue Community Development Director Dennis Kraft reviewed this application for a variance to reduce the required 25 foot rear yard setback to 9 feet 11 inches to allow the applicant to construct an addition to an existing structure. This item was deferred from the last council meeting as the applicant was not present. Mr. Charles Haglund, owner of Auto Machine & Supply at 6501 Penn, spoke on behalf of his request. Mr. Dean Akins, owner of apartment property south of Mr. Haglund, stated his desire for a first class development in and around the 66th Street area. He J criticized the appearance presently around this garage. Mr. Jerome Kamprud, 7220 James, reviewed the planning commission discussions relative to this request. Motion by Bunce, seconded by Hassenstab to close the hearing. All ayes - Carried. Motion by Bunce, seconded by Ludeman to grant this variance subject to the following stipulations as listed in Council Letter No. 307: 1. That the applicant repair the fence on the east property line to good condition. 2. That the applicant enter into and execute an off-street parking contract to provide for a safe and orderly flow of traffic to and from the property. 3. That the applicant maintain and keep the property free from debris and offensive odors. 4. That a designated trash enclosure be constructed to be approved by the Environmental Health Manager. Council Meeting Minutes -3- September 28, 1981 5. No business .activity be conducted after 6:00 p.m. A11 ayes - Carried. George Tellgren, 6937 Upton, spoke about the auto repair business in general. He said other businesses are allowed to conduct business later and asked if the council was anti-business. 5. Planned Unit Development, Multifamily Site, L/H/N Area Community Development Director Kraft presented an overview of the Knutson Independent Living Center. He outlined the proposed changes to the plan which he said Were "minor departures from the original PUD". Mr. Tony Vavalous, representative from the Knutson Company, spoke about the benefits of installing additional sidewalks around the four sides of the complex, as~proposed by Mr. Ludeman. y~~ ~+ Lawrence Wozniczka, 6744 Wentworth, commended Mr. Ludeman's proposal. to encircle the complex with sidewalks. He also asked questions regarding the tax increment financing for this project. Mr. Sid Sanford, 7000 Portland, spoke of the displacement of the Arthur Johnson family as a result of widening of 66th Street. He criticized the council's actions in this instance and expressed his opposition to the. Lakeshore Drive proposal at the expense of this 80 year.old couple. He said the city should not be involved in real estate maneuvers. Motion by Ludeman, seconded by Collins to close the hearing. All ayes - Carried. Motion by Ludeman, seconded by Bunce to approve the final PUD Plan. All ayes - Carried. Motion by Ludeman, seconded by Bunce to approve the variances permitting an Council Meeting Minutes -4- September 28, 1981 increase in the maximum allowable floor area. All ayes - Carried. Motion by Ludeman, seconded by Bunee 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. 6497 RESOLUTION APPROVING LAYOUT AND CONTRACT FOR OFF-STREET PARKING IN ACCORDANCE WITH APPLICATION N0. 81-6, CONTRACT NO. 2336 " ~ '~ "Knutson Independent Living Centers 17 Washington Avenue North Minneapolis, MN 55401 Location: 6600 Lake Shore Drive Use: Multiple Family Residential Po11 of votes: Ayes - Bunce, Collins, Hassenstab, Ludeman, Priebe. Nays - None. Carried. This resolution appears as'Resolution No. 6497 in Resolution Book No. 47. 6.~-'- Amendment to the Transi-Cory~Ordfinance Vacating a Portion of Graham Avenue and Circle Place. Second Reading. Amendment to the Transitory Ordinance Providing; for the Vacation of a Portion of Auto Lane Within Fairwood Shores. Second Reading. City Manager Nollenberger explained that these amendments to the transitory ordinances providing for the vacation of a portion of Graham Avenue and Auto Lane, a part of the Lake Shore Drive Condominium project, is only a change in wording .to satisfy the developmental parties and the Registrar of Titles. Motion by Ludeman, seconded by Collins to close the hearing. All ayes - Carried. Bill 1981-22, Amendment to Transitory Ordinance No. 16.70.1, "An Amendment to a Transitory Ordinance Vacating 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-9993) Motion by Ludeman, seconded by Hassenstab that this constitute a second reading of Bill 1981-22; 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. Council Meeting Minutes -5- September 28, 1981 Bill 1981-23, Amendment to Transitory Ordinance No. 16.71, "An Amendment to a Transitory Ordinance Providing for the Vacation of Auto Lake 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-9994) Motion by Ludeman, seconded by Hassenstab that this constitute a second reading 1 of Bill 1981-23; 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. 7. Assessment Hearing, L/H/N Maintenance Activities, January - June, 1981 8. Consideration to Specially-Assess L/H/N Maintenance Ac_tiviites for the Period July - December, 1981 and January - December, 1982 Motion by Hassenstab, seconded by Bunce to continue these items to the October 5, 1981 city council meeting. All ayes - Carried. Gordon Strom, 6532 Lyndale, asked for a copy of the maintenance costs incurred 'in the L/H/N area. 9. Amendment to the Planned Unit Development, Lyndale Garden Center. City Manager Nollenberger presented the request of Lyndale Garden Center for an amendment to their final development plan. The applicant wishes to add a 15 foot by 40 foot cooler at the rear of the building to be used for storage of fruits and vegetables. The cooler would be housed in a new building which would change the building setback at the rear property line from 95 feet to 75 feet. The City Manager recommended that the city council amend the Lyndale Garden Center final development plan to allow for construction of the proposed cooler. Mr. Bert Rutman, of Lyndale Garden Center, spoke on behalf of his proposed 1 Council Meeting Minutes -6- September 28, 1981 addition. He gave a status report on the progress of construction and indicated they anticipate completion in mid-November. Motion by Ludeman, seconded by Collins to close the hearing. A11 ayes - Carried. Motion by Ludeman, seconded by Collins to approve addition of the cooler to the site. All ayes - Carried. '~ 10. Transitory Ordinances Relating to the Sale of Property in the L/H/N Area.. Second Reading. City Manager Nollenberger advised the city council of plans of the HRA to sell four parcels of land to the Knutson Company, the develop~e-r of the Lake Shore Develop- ment project. He recommended giving first reading approval of two transitory ordinances to facilitate this procedure. Bill 1981-24, Transitory Ordinace No. 16.85, "A Transitory Ordinance Providing for the Disposition of Certain Real Property of the City", Lot 5, Block 1 "Fairwood Shores", was read and reviewed by City Attorney Clayton LeFevere, the same being on file in the office of the city cleric. (C-9995) Motion by Bunce, seconded by Ludeman that this constitute a first reading of Bill 1981-24; that it be published in the official newspaper and that second. reading of this ordinance amendment be scheduled for October 12, 1981. Poll of votes: Ayes - Bunce, Collins, Hassenstab, Ludeman, Priebe. Nays - None. Carried. $i11 1981-25, Transitory Ordinance No. 16.86, "A Transitory Ordinance Providing for the Disposition of Certain Real Property of the City", Lots 6, 7 and 8, Block 1, "Fairwood Shores", was read and reviewed by City Attorney Clayton LeFevere, the same being on file in the office of the city clerk. (C-9996) ww~. Council Meeting Minutes -7- September 28, 1981 Motion by Bunce, seconded by Ludeman that this constitute a first reading of Bill 1981-25; that it be published in the official newspaper and that second reading of this ordinance amendment be scheduled for October 12, 1981. Poll of votes: Ayes - Bunce, Collins, Hassenstab, Ludeman, Priebe. Nays - None. Carried. 11. 1982 Proposed Sidewalk Improvement Program City Manager Nollenberger reviewed the progress of the sidewalk project and listed the sections proposed to be completed in 1982 and 1983. The City Manager asked that the following areas be added to the resolution given to the council: 75th Street from Penn to Donaldson Park North side of Lakeshore Drive - Lyndale to 66th Street ~: ~ 65th Street - LyncTale-to railroad tracks (south side of 65th Street) Motion by Hassenstab, seconded by Bunce that the following resolution be adopted, with the additions; that it be spread in the resolution book and that it be made a part of these minutes: RESOLUTION N0. 6498 RESOLUTION ORDERING THE PREPARATION OF A PRELIMINARY FEASIBILITY REPORT FOR 1982 SIDEWALK CONSTRUCTION Poll of votes: Ayes - Bunce, Collins, Hassenstab, Ludeman, Priebe. Nays - None. Carried. This resolution appears as Resolution No. 6498 in Resolution Book No. 47. 12. Request for Partial Refund of Liquor License Fees, Left Guard City Manager Nollenberger presented the request of Mr. Max McGee, former owner of the Left Guard, for a refund of fees paid for its liquor license in the amount of $2,500. This amount is the prorated share of the annual liquor license fee paid by the new owners, Consul Corporation, for the remainder of 1981. Ms. Marcy Buck, appeared in support of the Left Guard's request. Council Meeting Minutes -8- September 28, 1981 The council discussed construction of a fence along the edge of the property ---- and the complaints received from neighboring residents. Councilmember Bunce said he does not believe in double taxation and he felt that a refund was in order since the liquor license has been paid by-both parties. Motion by Hassenstab, seconded by Ludeman to defer consideration of this item to the first meeting in January, 1982. Poll of .votes: Ayes - Bunce, ,~Iassens.tab, Ludeman,. Priebe. -Nays - Collins. Carried. 13. Payment to Electric Service Co., CP 761 This item was removed from the consent calendar for discussion. Mr. Lee Sveum, 6754 Portland, asked if his boulevard, which was removed during the installation of street lighting, will be replaced with seed or sod. .;. Mr.,Kraft indicated that it would.be.,sod. Councilmember Ludeman suggested that $5,000 be withheld from this-payment because of the safety negligence and lack of landscaping concerns. Motion by Ludeman, seconded by Collins to withhold $53000 from this payment of $80,736.20 to Electric Service Co. until proper performance has been satisfied. All ayes - Carried. 14. Fee Waived License for West Middle School - Extra Item Motion by Hassenstab, seconded by Bunce to approve a fee waived raffle license for the Parents Advisory Committee Board of West Middle School. All ayes - Carried. 15. Purchase in Excess of $1,000 - Extra Item City Manager Nollenberger presented a purchase of a leadolator bullet-trap, necessary in the construction of the Public Safety addition, in the amount of $4,220 for city council consideration. - Council Meeting Minutes -9- September Z8; 1981 Motion by Ludeman, seconded by Hassenstab to approve the purchase of 1 Model 5B Leadolator Bullet Trap from Caswell Equipment Co. in the amount of $4,220. All ayes - Carried. 16. Consent Calendar Motion by Ludeman, seconded by Hassenstab that the following items be approved: A. Purchase in Excess of $1,000 - CL 333 Trees - Christian Park ' Authorize the purchase of five Black Hills spruce and five green spruce at $120 each, planted, from D & M Movers for a total purchase price of $1,200. Trees - Golf Course Authorize the purchase of 'eleven Colorado Blue Spruce, eight Colorado Green 1 Spruce and eight Norway Pine-from~D~S~ M Movers; in the amount of $4,555. Shelving - Liquor Stores Authorize the purchase of shelving for the Penn Avenue Liquor Store in the amount of $2,420 and shelving for the Cedar Avenue Liquor Store in the amount of $6,803 from Stein Industries. B. Canvass Primary Election - CL 330 RESOLUTION N0. 6499 RESOLUTION CERTIFYING RESULTS OF PRIMARY ELECTION - SEPTEMBER 15, 1981 C. Minutes, Tabulation of Bids, Ice Arena Beam Repairs - CL 325 Award contract for laminated wood beam repair to Osmose Wood Preservation Company of America, Inc, in the amount of $2,7,325. D: Payments and Estimates 1. Motorola, Inc., CP 720 - 100% complete, Communication system, public safety division - $15,000 2. Bituminous Roadways Contract 2350, 100% final, sealcoating area 3, 4, 5 and part of 14 - $105,972.29 Council Meeting Minutes -10- ~ September 28, 1981 3. Electric Service Co., CP 761, Estimate No. 2, 49°!° complete, Street Lighting - $75,736.20 4. Northwest Asphalt, CP 768, 100°/o complete, Aldrich Avenue cul=de-sac - $11,514.58 5. Arcon Construction, CP 727, Estimate.No. 2, 36% complete, sidewalk construction - $29,362.60 6. Arcon Construction, CP 734, Alleys, 85°!° complete, Estimate No. 2 - $92,148.83 ,. 7. Bergerson Caswell, Contract.2355~, 100% complete, Replacement of .well. pump 1 and 2 - $21,480.00 E. Claims and Payrolls RICHFIELD BANK & TRUST Checks 75083/75454 Payroll $ 189,928.20 . Checks 2280/54311•- General 795,741.99 ~,. SUMIKIT STATE BANK -~_-r , ,~ -.`^ Checks 63959/63992 $1,178,706.13 A11-ayes - Carried. • 17. Ad3ournment Motion by Bunce, seconded by Ludeman that the meeting adjourn. Time: 10;00 p,m. A11 ayes..- Carried. Date Approved: October 12, 1981 Syl K. Bergh City. Clerk o a d J. Prie Mayor ~~~ ~ Karl Nollenberger City Manager _~,~~-: