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02-22-1982CITY OF RICHFIELD REGULAR CITY COUNCIL MEETING February 22, 1982 The City Council of the City of Richfield met in regular session in the council chambers of the city hall on Monday, February 22, 1982 at 7;00 p.m. The meeting was called to order by Mayor John Hamilton. Weblos Den Cub Scout Pack ~k384 led in the Presentation of the Colors. Rev. David Wilder, Pastor of Bethany Covenant Church, gave the invocation. Present: Bunce, Hassenstab, Kirsch, Ludeman, Hamilton Mayor Hamilton presented certificates of appreciation to the three members of Cub Scout Pack 384 in recognition of their presentation of the colors at the council meetings. 1. Presentation of Certificates of Appreciation to Outgoing. Commission Members Mayor Hamilton presented certificates of appreciation to members of the city's commissions whose terms had expired. 2. Presentation of "Gene Jacobsen Citizen of the Year Award" Thomas Hanson, representing the Human Rights Commission, introduced Dean Covering, who had been selected to receive the "Gene Jacobsen Citizen of the Year" award. Mr. Covering had been selected for his many church and civic related activities. Councilmember Bunce presented a proclamation to Mr. Covering and Mayor Hamilton presented him a plaque proclaiming his award. 3. Approval of Minutes of Special City Council Meeting of February 4, 1982, and Regular City Council Meeting of February 8z 1982 Motion by Hamilton, seconded by Ludeman to approve the minutes of the council meetings of February 4, and 8, 1982. All ayes - Carried. 4. Opportunity for Citizens to Address the City Council Dan Witz, 7424 18th Avenue, asked if any progress was being made on halting the preferential runway activity. City Manager Nollenberger responded that efforts Council Meeting Minutes -2- February 22, 1982 are being made to get a representative on the Metropolitan Airports Commission in 1982 and that the preferential runway policy is under legal review. 5. Council Approval of Agenda It was requested that 14-C, 'OTermination Leave Policy Approval", be removed from the consent agenda and to add the license application of Auto Brokers for a used car lot at 6600 Cedar Avenue South to the consent agenda. Motion by Hassenstab, seconded by Bunce to approve the agenda as amended. All ayes - Carried. 6, Request Construct Front City Manager Nollenberger introduced the request of Bruce and Dorinda Anderson, 6844 Grand, for a variance to reduce the required 31 foot front yard setback to 30 feet and the existing 13 font side street side yard setback to five feet, to allow construction of an addition to their home. Community Development Director Dennis Kraft presented sketches of the .proposed addition and reviewed the staff recommendation for denial and the Planning Commission recommendation for approval of the 30 foot front yard setback and denial of the side street side yard setback variance. The applicants, Mr. and Mrs. Anderson, appeared and spoke on their own behalf. Robert Holler, 6833 Grand, a neighbor of the Andersons, spoke in support of their plan. Dave Eckerman, 6820 Pleasant, also spoke in support of the•Andersons. Mr. Anderson responded to questions asked by Councilmember Hassenstab on behalf of the Planning Commission. Motion by Bunce, seconded by Hassenstab to close the hearing. All ayes - Carried. Council Meeting Minutes -3- February 22, 1982 Motion by Kirsch, seconded by Bunce to approve the variances allowing a 30 foot front yard setback and a five foot side street side yard setback. All ayes - Carried. Councilmember Hassenstab stated he wished the record to show that his vote for this variance does not constitute a precedent. 7. R~ecuest for Special Use Permit to Allow a Godfather Pizza Restaurant, 2 West 66th Street City Manager Nollenberger presented the request of Godfather's Pizza for a special use permit to open a restaurant at 2 West 66th Street in the HUB Shopping Center, as outlined in Council Letter No. 44. Jim Gallup, General Manager of.Godfather's Pizza of Minnesota, was present and answered council questions. Dermit Roland, of Bloomington, contractor for the concern, explained plans for the proposed facility. He also indicated video games would be installed for customers' amusement while waiting for pizzas. Councilmember Ludeman voiced concern that video games and youth would contribute to a loitering problem. Motion by Kirsch, seconded by Hassenstab to close the hearing. All ayes - Carried. Motion by Bunce, seconded by Ludeman to approve this application for a special use permit. All ayes - Carried. 8. Charter Amendment Relatin.~to the Amendment. and Repeal of Cit~Ordinances_ Second Reading. ____ City Manager Nollenberger reviewed the proposed charter amendment for second reading approval. He indicated this amendment will facilitate the presentation of ordinance changes in a more legible manner. Council Meeting Minutes -4- February 22, 19$2 Motion by Hassenstab, seconded by Ludeman to close the hearing. All ayes - Carried. Bill 1982-4, Transitory Ordinance No. 16.96, Charter Amendment Ordinance No. 12, "A Charter Amendment Ordinance Relating to Amendment and Repeal of Ordinances, Amending Seetion 3.10 of the Richfield City Charter", was read and reviewed by City Attorney Clayton LeFevere, the same being on file in the office of the city-clerk, (C-118) Motion by Ludeman, seconded by Kirsch that this constitute a second reading of Bill 1982-4; that it be published in the official newspaper and that it be made a part of these minutes. Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Hamilton. Nays - None. Carried. 9. Approval of Plans and Spe dfications, Lift Station at Adams Hill Park City Manager Nollenberger reviewed the proposed plans for construction of a storm sewer lift station at Adams Hill Park, as outlined in Council Letter No. 66. He urged the city council to issue the authorization for bids in order to expedite the storm sewer construction and reduce the risk of flooding. Motion by Bunce, seconded by Hassenstab to authorize the advertisement for bids for this project. All ayes - Carried. 10. Proposed 1982 Al1er~Improvements City Manager Nollenberger reviewed the areas that are scheduled for 1982 alley improvements, as outlined in Council Letter No. 6~. These are areas where petitions requesting such repaving have been received from owners representing more than 50 percent of the abutting footage. Roger Ostberg, 6733 Vincent, said his wife signed the petition, but he did not; that he has sold his home and he asked who is responsible for paying this assessment. Council Meeting Minutes -5- February 22, 1982 City Attorney LeFevere said it depends upon the terms of the purchase agreement whether Mr. Ostberg or the new owner is liable for this spec:Lal assessment which will not fall due until 1983. The city manager presented an additional request for alley resurfacing between Aldrich and Lyndale Avenues from 76th to 77th Street and asked that it be added to the project even though it had only 48 percent of the signatures of property owners. Fred Boxeth, 7626 Aldrich, spoke in favor of paving this alley as it receives heavy traffic. Motion by Hassenstab, seconded by Kirsch to add the alley between Aldrich and Lyndale Avenues between 76th and 77th Streets to this project. All ayes - Carried. Motion by Hassenstab, seconded by Kirsch 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 N0~6582 RESOLUTION ORDERING PRELIMINARY REPORT ON PROPOSED ALLEY PAVING C.P. 775 Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Hamilton. Nays - None. Carried. This resolution appears as Resolution No. 6582 in Resolution Book No. 4$. Motion by Hassenstab, seconded by Bunce 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 NO. 6583 RESOLUTION RECEIVING PRELIMINARY REPORT AND CALLING PUBLIC HEARING ON PROPOSED ALLEY PAVING CITY PROJECT 775 Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Hamilton. Nays - None. Carried. This resolution appears as Resolution No. 6583 in Resolution Book No. 48. Council Meeting Minutes -6- February 22, 198.2 11. State Legislative Policies City Manager Nollenberger presented the following legislative position statemen £or city council adoption: Legislative Position Statement No. 20 - Funding of Storm Sewer Improvements Legislative Position Statement No. 21 - Special Service Districts Legislative Position Statement No. 22 - County Subordinate Districts Motion by Hassenstab, seconded by Kirsch to approve the three aforementioned statements, Councilmember Ludeman indicated he had reservations about Position Statement No. 20 and asked that they be voted on separately. The motion was withdrawn. Motion by Ludeman to deny the position statement relating to Funding of Storm Sewer Improvements. Motion died for lack of a second. Motion by Bunce, seconded by Hassenstab to adopt Position Statement tdo.. __ 20, Funding of Storm Sewer Improvements. Po11 of votes: Ayes - Bunce, Hassenstab, Kirsch, Hamilton. Nays - Ludeman. Carried. Motion by Hassenstab, seconded by Ludeman to adopt legislative position statements Numbers 21 and 22. All ayes - Carried. 12. Federal Le islative Policies City Manager Nollenberger presented the following federal legislative position statements for city council review and adoption: No. 1 - Fiscal Notes No. 2 - Cable Television No. 3 - Proposed Federal Budget No. 4 - Industrial Revenue Bonds No. 5 - Federal Housing Programs Council Meeting Minutes -7- February 22, 1982 The city manager responded to council questions, particularly relating to housing matters as it effects Richfield's needy and elderly. Councilmember Ludeman stated he wished to go on record as being opposed to deficit spending. Motion b~ Ludeman,.seconded by Kirsch to amendment statement No. 3 to indicate the city is concerned with restraints on spending at the federal level and to urge the end of deficit spending. All ayes - Carried. Motion by Ludeman, seconded by Bunce to adopt the above federal legislative 1 position statements. All ayes - Carried. 13. Bicycle Moto-Cross•(BMX) Policy City Manager Nollenberger introduced Community Services Director Don Fondrick who summarized the proposed fee structure policy for the Richfield BMX track. This bicycle moto-cross track was constructed in Taft Park in June, 1981. Mr. Fondrick said the policy has been reviewed by the local BMX organization and that the Community Services Commission has recommended acceptance of the policy. He recommended certain guidelines, as outlined in Council Letter No. 67, be adopted as a policy for rental of the track for special events. At other times, the track will be free and open to the public. Mr. Fondrick responded to council questions, particularly about local BMX clubs. Motion by Bunce, seconded by K3.rsch to adopt the BMX policies and fees as outlined in Council Letter No. 67. A11 ayes - Carried. . 14. Discussion of Name Change, Human Rights-Commission Mayor Hamilton advised that the Human Rights Commission had discussed the Council Meeting Minutes -8- February 22, 1982 proposal to change the name of-this organization to Human Relations Commission and that they had come to the concensus that the name should remain the same. He recommended that the council abide by their wishes, 14. Termination Leave PolieY AEproval City Manager Nollenberger reviewed a proposed termination leave policy, as outlined in Council Letter No. 75. This policy would provide compensation equal to one week's pay for each one year of service, to a maximum of twelve weeks pay for terminated employees. Motion by Hassenstab, seconded by Ludeman to approve the termination leave policy. All ayes - Carried. 15. Consent Calendar Motion by Ludeman, seconded by Hassenstab that the following items be approved: A. Purchases in Excess of ~Z,S00 - CL 62 Driving Range Balls - Authorize purchase of 500 dozen yellow range balls from Spalding for a total purchase price of $3,075. Emergency Telephone System Power Supply Unit - Authorize purchase of power supply unit for 911 Emergency System in the amount of $3,129. B. Payment for Site Construction at Adams Hill Park - CL 72 Authorize payment of $24,540.19 to Capital Indemnity Corporation, who in turn will provide proper indemnification to the city and be responsible for any debts incurred by Sebesta in execution of work under the contract. C. Licenses Fee Waived St. Richard`s Church, Nonintoxicating Malt Liquor Oak Grove Lutheran Church, Food Establishment Berea Lutheran Church, Food Establishment Council Meeting Minutes _g_ February 22, 1982 Licenses (Continued) Regular Kenny's Yamaha, 6520 Lyndale Motor Vehicle Walser Buick, 2100 W. 78th Street Motor Vehicle Lindahl Olds, 1900 W. 78th Street .Motor Vehicle Condon Drug, 1208 E. 66th Street Nonintoxicating Malt Liquor, Off-Sale Embers, 6500 Penn Amusement Machines Frenchman's, 1400 E. 66th Street Amusement Machines, Music Box Chi-Chi's, 7717 Nicollet Avenue Amusement Machines The Inn/Airport, 7640 Cedar Motel John L. Bekter, Auto Brokers, 1825 E. 66th Street Used Car Sales Lot D. Payments and Estimates Henry 0. Mikkelson, C.P. 760, Monroe Park Improvements, Estimate No. 2, Construction of Park Shelter - $32,300.00 A11 ayes - Carried. ~•- 16. Claims and Pa rolls ~°i Motion by Hassenstab, seconded by Ludeman that the following claims and payrolls be approved: RICHFIELD BANK & TRUST Checks 2613/56629 General $ 439,851.95 Checks 78508/78836 Payroll 197,328.57 SUMMIT STATE BANK Checks 64265/64290 $1,097,996.22 17. Adjournment Motion by Hassenstab, seconded by Ludeman that the meeting adjourn. All ayes - Carried. Time: 9:10 p.m. Date Approved: March 8, 1982 r Syl 'a K. Bergh City rk Mayor ~ /w I rV Karl Nollenberger City Manager