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01-25-1982CITY OF RICHFIELD REGULAR CITY COUNCIL MEETING January 25, 1982 Tne City Council of the City of Richfield met in regular session in the council chambers of the city hall on Monday, January 25, 1982 at 7:00 p.m. The meeting was called to order by Mayor John Hamilton at 7:10 p.m. Representatives from Cub Pack 500 Ied in the Pledge of Allegiance. Council Member Kirsch gave the invocation. Present: Bunee; Hassenstab, Kirsch, Ludeman, Hamilton 1. Approval of Minutes of Regular Meetin' of January 11, 1982 Motion by Hassenstab, seconded by Bunce to approve the minutes of the January 11, 1982 regular city council meeting. All ayes - Carried. 2. Environmental Assessment Process for the Proposed Extension of Runw~ 4-22 . City Manager Nollenberger reviewed the proposal of the Metropolitan Airport Commission to extend Runway 4-22 at the International Airport. He called upon Community Development Director Dennis Kraft to present a summary of this runway extension. He traced the take-off patterns and the options that the proposed plan would create.. He indicated that this extension could create more noise for Richfield. Donald Priebe, 7225 Bloomington, a Richfield member of ,tASAC, spoke of the serious and adverse impact on the City that the extension of this runway will present. He advised the council to strongly oppose this extension. Motion by Hassenstab, seconded by Kirsch to request the staff to prepare a resolution opposing the extension of Runway 4-22 for council consideration. All ayes - Carried. Donald 6,iitz, 7424 18th Avenue, said the runway should remain as it is and that the PlAC wishes to extend it in order to lessen ttie noise in ttie t{ishland Park area. Council Meeting Minutes -2- January 25, 1982 3. Opportunity for Citizens to Address the City Council Steve Lindgren, 7141 Oak Grove Boulevard, asked when is the staff having the bond cycled. He has not seen it on the docket of the 1982 Legislature and he wants to be kept advised. Ms. Olive Witz, 7424 18th Avenue, said no one mentions the air pollution when speaking of the airports problem and that this should be considered by the council. Mayor Hamilton commended Mr. Fondrick and the street crew for the excellent plowing after the recent blizzard. 4. Council Approval of Order of Agenda Items City Manager Nollenberger added two Legislative Position Statements for council consideration - Wine Sales in Grocery Stores Interest Rate Ceiling on General Obligation Bonds Council Member Ludeman requested that Item D of the Consent Calendar, "lcesolution Authorizing Preparation of Assessment Rolls for CP 734, 727 and 761", be removed for. special consideration. Motion by Bunce, seconded by Ludeman to approve the agenda as amended. All ayes - Carried. 5. Request for Variance to Construct Vestible, 7504 Dupont Avenue City Manager ~ollenberger presented the request of ;is: Ruth Bingham for a variance to reduce the required front yard setback of 33 feet to 29 feet to per:ait construction of a vestiblue onto the front of her house at 7504 Dupont Avenue. `!s. Bingham, 7504 Dupont, was present and spore on her behalf. lotion by Bunce, seconded by Ludeman to close the hearing. All ayes - Carried. ;lotion by kirsch, seconded by Ludeman to grant this variance to tl~e front yard setback All avc~s - Carried, Council Meeting Minutes -3-~ January 25, 1982 6. Proposed Charter Amendment Relating to the Amendment and Repeal of Ordinances City Manager Nollenberger presented a Charter amendment which would amend Section 3.10, relating to the manner of presenting ordinance changes. This change would call for old matter to be lined through instead of enclosing in brackets, which would be less confusing. Sid Sanford, 7000 Portland, asked questions regarding this change and Council Member Ludeman summarized the change for Mr. Sanford. Bill 1982-4, Charter Amendment Ordinance No. 12, "Charter Amendment Ordinance Relating to Amendment and Repeal of Ordinances, Amending Section 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 Bunce, seconded by Hassenstab, that this constitute a firsC reading of~Bill 1982-4; that it be published in the official newspaper and that second reading of this ordinance amendment be scheduled for February 22., 1982. Poll of votes: Ayes - Bunce, Hassenstab; Kirsch, Ludeman, Hamilton. Nays -.None. Carried. 7. Resolution Relating to Taxicab Driver License Fees City Manager Nollenberger advised the city council that an error was made in the rate for taxicab drivers' license fees when all permit and license fees were incorporated into Appendix D; and. the error was carried over when fees were adopted by resolution. The fee was incorrectly listed as SSO, instead of $S, and tl~e city manager asked that the council approve a resolution listing an increased fee for taxicab drivers of $15. Motion by Ludeman, seconded by Hassenstab that the following resolution be adopted; that it be spread in the resolution book and that it be :Wade a part of these minutes: Council-Meeting Minutes -4-. January 25, T982 RESOLUTION N0. 6564 RESOLUTION AMENDING A SECTION OE RESOLUTION N0. 6537 RELATING TO TAXICAB DRIVERS' LICENSES Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Hamilton. Nays - None. Carried. This resolution appears as Resolution No. 6564 in Resolution Book No. 47. 8. Board and Commission Appointments The city council reviewed applications for membership on the various. boards and commissions. Mayor Hamilton praised the qualifications of the applicants for commission. vacancies. Civil Service Commission Motion by Hamilton, seconded by Kirsch to appoint George Karnes to serve a term. expiring 2/85. All ayes -Carried. Planning Commission Motion by Hassenstab, seconded by Ludeman to appoint Mark Ahlquist to serve a term expiring 2/85. All ayes - Carried. ' Motion by Kirsch, seconded by Bunce to appoint Joe Ertman to serve a term expiring.2/85. Poll of votes: Ayes - Kirsch, Bunce. Mays - Hassenstab, Ludeman, Iamilton. Motion .failed. Motion by Ludeman, seconded by Kirsch to appoint Allan Anderson to serve a term expiring 2/85. Poll of votes: Ayes - Hassenstab, Kirsch, Ludeman, Hamilton. Nays - Bunce. Carried. motion by Ludeman, seconded by'Hamilton to appoint Vern Luettinger to serve a term expiring 2/85. All ayes - Carried. ~ } Fem. f ~,--~ 5.~~~i. P _ . . Council Meeting Minutes -5- January 25, 1982 Park and Recreation Advisory Commission Motion by Hassenstab, seconded by Kirsch to appoint David Dunham to a term expiring 2/85. All ayes - Carried. Motion by Bunce to appoint Tim Lindgren. Motion died for lack of a second. Motion by Ludeman, seconded by Bunce to appoint Ethel Naslund to a term expiring 2/85. All ayes - Carried. Motion by Bunce to appoint Joanne Wilmes. Motion died for lack of a second. Motion by Hassenstab, seconded by Ludeman to appoint Eugene Stelman to-serve a term expiring 2/85. Poll of votes: Ayes - Hassenstab, Kirsch, Ludeman, Hamilton. Nays - Bunce. Carried. Senior Citizens/Handicapped Commission . Motion by Hassenstab, seconded by Ludeman to appoint Frank Anderson to serve 'a term expiring .2/85. All ayes - Carried. Motion by Bunce to appoint Marla Carlson :Motion died for lack of a second. Motion by Ludeman, seconded by Bunce to appoint Marie Richardson to serve a terns expiring 2/85. All ayes - Carried. Motion by kirsch, seconded by Hassenstab to appoint Dale Rusk to serve a term expiring 2/85. ,iotion by Ludeman, seconded by Hassenstab to appoint -lyrna Hammer to serve a term expiring 2/84. x111 ayes - Carricd. Council Meeting Minutes -6- January 25, 1982 Advisory Board of Health Motion by Ludeman, seconded by Hassenstab to appoint David Johnson, Lia Ozols and Henry Patzke for terms expiring 1/84. All ayes - Carried. Motion by Bunce, seconded by Hassenstab to appoint Stu Swanson to serve a term expiring 1/84. • All ayes - Carried. Human Rights Commission Motion by Ludeman, seconded by Hassenstab to appoint Thomas Hanson to a term expiring 5/84, Robert Holton to a term expiring 5/83 and Diane Healey to a~term expiring 5/85. All ayes - Carried. Energy Awareness Commission Motion by Ludeman, seconded by Hassenstab to appoint Janet Erickson, Bruce Stone, David Wold and George Evans to serve terms expiring 7/85. All ayes - Carried. South Hennepin Human Services Council Motion by Ludeman, seconded by Kirsch to appoint Morris Olson to serve a term expiring 1/84. All ayes - Carried. 9. Status Report, Tip Top Car Wash City ;tanager ~ollenberger introduced Public Safety Director Tom ;frgan and asked him to provide a status report on the litibatfon involving the Tip Top Car Wash, 6601 Bloomington, and to apprise the new mayor and council .member of the developments involving this business establishment. Mr. Morgan indicated, that as a result of informal meetings between Mr. Coletiour, the owner of the establishmen , Council Meeting Minutes -7- January 25, 1982 his attorneys and the city's legal staff, a more cooperative attitude has been established. He said the 1981 license is still in litigation and the 1982 license has been applied for, but approval by the council and staff has not been granted; contiguous residents to the car wash have mentioned that many of their past concerns have become resolved; and he asked the council for direction. The council discussed the aspects of this case. Motion by Ludeman, seconded by Hassenstab to request the staff and attorney to compile a list of conditions for the 1982 license and to drop the 1981 lawsuit if the conditional license is issued. A11 ayes - Carried. 10. Legislative Policy City Manager Nollenberger reviewed two additional Legislative Position LJ Statements that had been presented for discussion at a meeting earlier in the evening with Senator Steve Lindgren and Representative Shirley Hokanson. The two statements are as follows: Interest Rate Ceiling on General Obligation Bonds Wine Sales in Grocery Stores The city manager recommended that the council register their concurrence to these two Legislative Position Statements. Aiotion by Ludeman, seconded by Kirsch to adopt these two Position Statements. All ayes - Carried. ll. Discussion of Responsibilities of Advisory Commissions The council discussed the titles of the Park and Recreation Advisory Co:m.~nission and the Human Rights Commission. Mayor Hamilton suggested that the Park and Recreation Advisory Commission be renamed the Community Services Advisory Commission, and that the Human Rights Commission be designated as the HiLman Relations Co^anission. Motion by Bunee, seconded by Hassenstab to direct the staff to create a reso- lution changing the name of the human Rights Commission to Human Relations Commission Council Meeting Minutes -8= January 25, 19$2 for adoption by the city council at a later meeting. All ayes - Carried. Motion by Ludeman, seconded by Hassenstab 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. 6565 RESOLUTION AMENDING EARLIER RESOLUTIONS RELATED TO THE ESTABLISHMENT OF A PARK AND RECREATION ADVISORY COMMISSION FOR THE PURPOSE OF ESTABLISHING A COMMUNITY SERVICES ADVISORY COMMISSION Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Hamilton. Nays - None. Carried. This resolution appears. as Resolution No. 65b5 in Resolution Book No. 47. 12. Discussion of Golf Course Policies Community Services Director Don Fondrick reviewed the plans relating to league play and early Sunday morning golf to maximize the use of the golf course, as presented in Council Letter No.. 35. Motion by Bunce, seconded by Ludeman to amend the policy for league play to permit one nine of the regulation course be utilized- for league play on ,iondays from 3:30 p.m. to 6.:00 p.m, and to continue the pol-icy of allowing golfers to play before 7:00 a.m. on Sunday morning, paying the twilight fee, subject to the - following conditions: 1. That all play be kept on the back nine of-the course unless there are no players wfio have made reservations or desire to walk on for an 18 hole round on the front-nine for a tee time. 2. That as a stipulation of this special rate, it is to be under- stood that maintenance on the back nine-will be in progress during the course of their round. 3. That during the course of the 1982 season, this polic}• will be evaluated for cost effectiveness, affect on course main- tenance, and overall merit. All aves - Carried. Council Meeting Minutes -9- January 25, 1982. Mark Johnson, from the Richfield Sun, and speaking as a Richfield resident, advised against closing Rich Acres to the public by allowing too much league play. 13. Discussion of Charter Commission Appointments City Manager Nollenberger presented the names of persons on the Charter Commission whose terms will expire in February of this year. He quoted from the Minnesota Statutes which states that "A city council, the charter commission, or the petitioners requesting the appointment of a charter commission may submit to the court the names of eligible nominees which the District Court may consider in making appointments to the charter commission." Council Member Ludeman asked why judges make appointments to the commission rather than local city councils. City Attorney LeFevere responded that it is becuse they wish to keep charter commissions removed from local politics. No reference in the statutes is made to the nominating process. Council members and the public may make nominations to the judge. Political party balance on the charter commission is not a requirement. Motion by Ludeman, seconded by Bunce to take no action at this time. All ayes - Carried. 14. Legislative Policy - Liquor Licenses for Recreational Facilities Council Member Bunce requested consideration of a legislative policy which would allow for the issuance of liquor licenses to recreational facilities, such as bowling alleys, as explained in Council Letter :io. 31. Gordon Larson, owner of Richfield's Luxury Lanes- bowling alley, spoke on behalf of on-sale liquor. He said it would bring more people into Riciifi~ld for bowling tournaments and attract leagues. }{e responded to council questions. DSayor {lamilton said he was concerned about having youns;sters around an environ- ment that serves liquor. Council Meeting Minutes -10- January 25, 1982 City Manager Nollenberger stated that every time a new category of liquor license is created, additional public safety problems. could be created. Motion by Ludeman, seconded by Kirsch to advise our legislators not to pursue lobbying for this. liquor bill. Poll of votes: -Ayes - Hassenstab, Kirsch, Ludeman, Hamilton. Nays - Bunce. Carried. Mayor Hamilton stated his "nay" vote does not reflect negatively on Luxury Lanes or Mr. Larson, as he feels he is a fine business man. 15. Discussion of Length of Council Terms Referral to Charter Commission Council Member Bunce and Mayor Hamilton requested that the city council consider requesting the Charter Commission to amend the charter requirements relating to the, length of term for the office of mayor. The Charter presently restricts the term of office to two years and they would like the term increased from two to four years. Motion by Ludeman, seconded by Bunce to request the Charter Commission to consider amending the length of Che mayor's term to three or four years. All ayes - Carried. lb. Discussion of Mixed Land Use Development, Southwest Corner-of Edina, 76th Street and York Avenue Council Tlember Bunce reviewed the information received at a special meeting- of January 18, with representatives of the City of Edina and architects, BRW. The purpose of the meeting was to learn of the proposed mixed use development the Cit}• of Ed-ina proposes to build on the southwest corner of 76th Street and York Avenue. tie expressed his reservations regarding the development saying it would produce negative effects of noise pollution and traffic on 76th Street. Motion by Ludeman, seconded by Hassenstab to take no action at this time. Poll of votes: Ayes - Hassenstab, Kirsch, Ludeman, Hamilton. gays - Bunce. 1 Carrie Council Meeting Minutes -11- January 25, 1982 17. Resolution Authorizing Preparation of Assessment Roll for CP 734, 727 and 761 City Manager Nollenberger presented resolutions authorizing preparation of assessment rolls for the following projects: City Project 761 - Street Lighting City Project 734 - Alley Paving City Project 727 - Sidewalk Construction Council Member Ludeman asked what process sets assessments. The city manager responded that Chapter 439 of the Minnesota Statutes outlines the process for levying special assessments, and that the purpose of these resolutions was to facilitiate the preparation of the assessment rolls which will be presented to the council on February 8, 1982, at which time a date will be set for the public hearings on these projects. Motion by Ludeman, 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: RESOLUTION N0. 6566 RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ROLL FOR CP 761 Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Hamilton. Nays - NOriQ. Carried. This resolution appears as Resolution No. 6566 in Resolution Book No. 47. Motion by Ludeman, 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: RESOLLTIO~ \0. 6567 RESOLLTIO}i DECLARING COSTS TO BE ,1SSESSED A,~'D ORDERING PREPARATIO1 OF PROPOSED ASSESS~tE\'T ROLL FOR CP 727 Poll of ~•otes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Ha:~ilton. `:ays - Sons. Carried. This resolution appears as Resolution tio. 6567 in Resolution Book tio. 47. Council Meeting Minutes -12- January 25, 1982 Motion by Ludeman, 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 RESOLUTION N0. 6568 RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ROLL FOR CP 734 Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Hamilton. Nays - None. Carried. This resolution appears as Resolution No. 6568 in Resolution Book No. 47. 18. .Consent Calendar Motion by Ludeman, seconded by Bunce that the following items be approved: A. Resolution Setting Public Hearing for Issuance of Industrial Development Revenue ,SIDR) Bonds for Derrick Development Corp. - CL 24 Correct resolution. as follows: Change time to 7:30 and day to Tuesday. RESOLUTION N0. 6569 RESOLUTION CALLING A PUBLIC HEARING ON A PROPOSED PROJECT UNDER THE _ MIti'NESOTA MUNICIPAL INDUSTR LAL DEVELOPMENT ACT B. Purchases in Excess of $1,000 Cutting Edges - Authorize purchase of 20 cutting edges for a total purchase price of $1,653.18 from Ziegler, Inr. Water *leter - Authorize purchase from Davies Water Equipment in the amount of $1,438 for use in multiunit housing development at 66th Street and Lake Shore Drive. Brochure Paper - Authorize purchase from Wilcox Paper Company in the amount of $1,904.17, based on $13.95/~i. L/tl/N Spare Street Li~tit Purchase - Authorize purchase of two !+00 tJ high pressure sodium lights with square tapered poles from Collins Electric for S1,696.25 each, in a total amount of $3,392.50. C. Taxicab Business License, Suburban 1e11ow Cab Company - CL 28 Council Meeting Minutes -13- January 25, 1982 Approve license application from Suburban Yellow Cab Company for 50 taxi vehicles. D. Nonintoxicating Malt Beverage License, Fee Waived, Academy of Holy Angels - CL 25 Approve fee waived nonintoxicating malt beverage license for Holy Angels Boosters Club for Saturday, January 30, 1982. E. Transfer of Monies from Permanent Improvement Revolving Fund - CL 33 RESOLUTION N0. 6570 RESOLUTION AUTHORIZING TRANSFER OF FUNDS FROM PERMANENT IMPROVEMENT REVOLVING FUND TO CAPITAL IMPROVEMENT BUDGET TO FINANCE PUBLIC SAFETY BUILDING IMPROVEMENT PROJECT - CP 767 F. Payments and Estimates 1. CP 764, Community Center Elevator, Estimate ~~2, Gem Construction 'Co. - $31,197 2. CP 767, Public Safety Addition, Estimate ~~4, Rutledge-Construction - $114,998.26 G. Licenses Superamerica, 77th and Nicollet Shakey's Pizza, 500 E. 78th Street VFtd Post 5555 Dairy Queen, 7533 Lyndale Sandy's Tavern, 6612 Penn Condon Drug, 1208 E. 66th Street Richfield Pharmacy, b519 Nicollet Cloverleaf ;lotel, 7700 Fremont Shakey's Pizza, 500 E. 78th Tom Thumb, 7609~Lyndale Miller's Fireside. Pizza, 6736 Penn Sandy's Ta~•ern, 6612 Penn Church of St. Peter, 6730 Nicollet H. Ctaims and Payrolls RICI~FIELD Ba.\!: & TRUST Checks 2547/56206 General Checks 77859/78156 Payroll SL^i*tIT STATE BAIVI: Off-sale beer 3 Amusement devices 1 Aius is bo:c 1 Amusement device 3 Amusement devices, 1 Music bon 1 Amusement device 2 amusement devices ;iotel license Retail on/off sale bec- Off sale beer Retail on sale sale Retail on/off sale bey Bingo license $ 710,954.70 195,924.13 Checks 64205164234 $1,490,637.74 Council Meeting Minutes -14- January 25, 1982 Mayor Hamilton indicated that he would like to see the Claims and Payrolls removed from the Consent Calendar and presented on the regular agenda. City Manager Nollenberger advised the mayor that a resolution regarding council agenda format would need to be revised to incorporate this change. Motion by Ludeman, seconded by Kirsch that the Presentation of Claims and Payrolls be added to the agenda format. _ All ayes - Carried. Motion by Ludeman, seconded by Kirsch 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. 6571 - RESOLUTION REGARDING COUNCIL AGENDA FORMAT Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Hamilton.. Nays - None. Carried. This resolution appears as Resolution No. 6571 in Resolution Book No. 47. 19. Adjournment Motion by Bunce, seconded by Ludeman that the meeting adjourn. All ayes - Carried. Time: 10:00 p.m. Date Approved: February 8, 1982 Sy a K. Bergh City ter I ~ca,~~C I\~'9 ~~ Karl Nollenberge City ;tanager