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03-22-1982v~..+ yr ~t.~~+r..~ .....r REGULAR CITY COUNCIL MEETING March 22, 1982 The city council of the City of Richfield met in regular session in the council ambers of the city hall oa Monday, March 22, 1982, at 7:00 p.m. The meeting was called to order by Mayor John Hamilton at 7;05 p.m. Camp Fire girls from Elliot School led in the presentation of the colors. Rev. Douglas Allen, pastor of Emerson Avenue Congregational Church, gave the invocation. Present: Bence, Kirsch, Ludeman, Hamilton Absent: Hassenstab (Arrived at 8:30 p.m.) I. Approval of Minutes of Regularly Scheduled MeeCiaa of March 8, 1982 Motion by Ludeman, seconded by Bence that the minutes of the March 8, 1982, city council meeting be approved as submitted. All ayes - Carried. Absent - Hasseastab. Approval ofr The city manager requested that item I4, "City Facility Use Policy", be deleted from the agenda. Councilanember Kirsch requested that an extra item relating to Swimmaing Pools be considered in place of the scheduled Item 14. Motion by Buace, seconded by Kirsch to approve the agenda. All ayes - Carried. Absent - Hassenstab. 3. Renewal of On-Sale Wine License, Miller's Fireside .Pizza, Inc., 6736 Pena Avenue Citq Manager Nollenberger reviewed the application of Miller's Fireside Pizza, Inc. for renewal of their on-sale wine license. He indicated all requirements had been met and recommended council approval of this license renewal. Mr. Dave Miller, owner of the establishment, was present and answered council estions. Motion by Rinsch, seconded by Bence to close the hearing, All ayes - Carried. Absent - Hassenstab. Motion by Kirsch, seconded by Bence to approve this application for renewal of a wine license. A11 ayes - Carried. Absent - Hassenstab. Council Meeting Minutes -2- March 22, 1982 4. Renewal of Oa-Sale Wine License, Shaker's Pizza Parlor, 500. East 78th Street City Manager Noilenberger reviewed the application for renewal of on-sale wine license of the Northstar Pizza Corp®, dba Shaker's Pizza Parlor. He advised that there appeared Co be no existing condition which would prohibit renewal of this license and recommended city council approval. Motion by Bunce,. seconded by Ludeman to close the hearing. All ayes - Carried. Absent - Hassenstab. Motion by Bunce, seconded by Kirsch to authorize renewal of this on-sale wane license. All ayes - Carried, Absent - Hassenstab. Councilmember Kirsch indicated he wished the manager of the establishment had been present at the hearing. 5. Renewal o£ On-Sale Wine License, Pontillo's Pizzeria, Inc.L 2312 West 66th Street City Manager Nollenberger reviewed the application of Pontillo's Pizzeria, Inc. far renewal of their on-sale wine license. He indicated there appeared to be no existing conditions which would prohibit renewal of the on-sale wine license and recommended city council approval. Motion by Bunce, seconded by Kirsch to close the hearing. All ayes - Carried. Absent - Hassenstab. Motion by Ludeman, seconded by Kirsch to defer approval of this license renewal application until the manager of the establishment or staff member attends the hearing. All ayes - Carried. Absent - Hassenstab. Motion by Bunce, seconded by Kirsch to reconsider previous approval of the license for Shaker's Pizza Parlor. All ayes - Carried. Absent - Hassenstab. Motion by Bunce, seconded by Kirsch to advise Shaker's Pizza Parlor of the council's desire that a representative of the establishment be present at the council meeting for to approval of the license. 1 ayes - Carried. Absent - Hassenstab. Magor Hamilton stated that in the future, licenses will not be granted unless the applicant is present to respond to council/citizen inquiries. 6. Renewal of OA-Sale Wiae License, The Znn., 7640 Cedar Avenue ~...,,~ Citq Manager Nollenberger advised that the applicant had been late in filing the renewal application and the public safety department had not completed its investigation. He recommended that this hearing be continued.. Motion by Ludemaa, seconded by Bunce to continue this hearing to the regular council meeting of April 26, 1982. All apes - Carried. Absent - Hassenstab. 7. Public Hearins Relating to Special Assessments for,1981 Permanent Alleg Improvements City Manager Nollenberger opened the public healing for City Project 734, 1981 ley Paving, and introduced City Engineer Michael Eastling, who reviewed the financing opt3.ons available. for meeting the assessment obligation, as outlined in Council Letter No. 95. Mr. Roy Gageby, 6729 Portland, and Ms. A. C. Jahnke, 7105 Stevens, asked questions about the assessment. Motion by Ludeman, seconded by Kirsch to close the hearing. AlI ayes - Carried. Absent - Hassenstab. Motion by Buace, seconded by Ludeman 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. 6587 RESOLUTION ADOPTING ASSESSMENT ON CITY PROJECT 734, I98I ALLEY PAVIl~iG olI of votes: Ayes-- Bunce, Kirsch, Ludeman, Hamilton. Nays - None. Absent - Hassenstab. Carried. This resolution appears as Resolution No. 6587 in Resolution Book No. 48. Council Meeting Minutes -4- March 22, 1982 8. Public Hearing Relating to Special Assessments for 1981 Construction of the Aldrich Avenue Cul-de-Sac City Manager Nollenberger introduced the special assessment hearing for City Project 768, the Aldrich Avenue Cul-de-sac Reeonstrctuion, which affects one property owner. Motion by Bunce, seconded by Ludeman to elose the hearing. All apes - Carried. Absent - Hassenstab. Motion by Bunce, 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. 6588 RESOLUTION ADOPTING ASSESSMENT ON CITY PROJECT 768, ALDRICH AVENUE CUI.-DL-SAC 1tECONSTRIICTION Poll of votes: Ayes - Bunce, Kirsch, Ludeman, Hamilton. Nays - Noae. Absent - Hassenstab. Carried. This resolution appears as Resolution No. 658$ in Resolution Book No. 48. 9. Public Hearing Relating to S ecial Assessments far 1981 .Sidewalk, Improvements ,~ City Manager Nollenberger opened the public hearing for City Project 727, 1981 Sidewalk Improvements. He introduced Michael Eastling, City Engineer, who explained the financing alternatives offered for meeting this assessment, as outlined in Council Letter No. 9b. motion by Bunce, seconded by Kirsch to close the hearing. All ayes - Carried. Absent - Hassenstab. 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. 6589 RESOLUTION ADOPTING ASSESSMENT ON CITY PROJECT 727, 1981 SIDEWALK IMP1tOVEMENTS Council Meeting Minutes -5- March 22, 1982 II of votes: Ayes - Bunce, Kirsch, Ludeman, Hamilton. Nays - None. Abseat - ssenstab. Carried. This resolution appears as Resolution No. 6589 in Resolution ook No. 48. 10. Public Hearing Relating to Spacial Assessments for_198I Street Lighting w~~l~r~l ZmprOVements City Manager Nollenberger opened the public hearing relating to the 1981 street Lighting improvements special assessments. He presented City Engineer M3,chael Eastling, who reviewed the financing alternatives offered to meat this obligation. Mir. Sid Sanford, 7000 Portland Avenue, expressed his opposition to this assessment. Mr. J. B. Fowler, 6916 Pew Avenue, asked questions about the hearing process and expressed his appreciation for the new lights on Pew Avenue. Motion by Ludeman, seconded by Bunco to close the hearing. All ayes - Carried. Abseat - Hassenstab. Motion by Bunce, seconded by Ludeman that the following resolution be adopted; that it be spread in the resolution book and that it be made a part of these minutes: RESOLDTION N0. 6590 RESOLUTION ADOPTING ASSESSMENT ON CIT~t PROJECT 761, 1981 STREET LTt~TING INSTALLATION Po11 of votes: Ayes - Bunce, Kirsch, Ludeman, Hamilton. Nays - None. Absent - Hassenstab. Carried. This resolution appears as Resolution No. &590 in Resolution Book No. 48. II. Ordinance Amendment Relating to Sale and Consunnation of Beer in Parks. First City Manager Nollenberger presented an ordinance amendment relating to the sale and consumption of beer in the city parks for city council consideration. He reviewed evious actions of the city council which had adopted an ordinance to allow selected ganizations to have beer in the parks under special circumstances. He noted that this revision, as requested by Mayor Hamilton, would further restrict the consumption Council Meeting Minutes -6- March 22, 1982 of beer in parks by requiring the requesting organizations to have currently valid liquor licenses and dram shop and liability insurance. 7~ae only two organizations which would qualify wader the ordinance as amended would be the ®eterans of Foreign Wars and the American Legion. Tie Lindgren, 6612 itnox, speaking as a JAYCEE, expressed strong objection to the new ordinance requirements. Citq Attorney Clayton LeFevere reviewed the consequences of illegal sales of liquor and the liability the city could encounter by allowing the sale of beer in the parks. Gordon Anderson, 7501 Elliott, said Richfield was very restrictive and he could see no basis for denying other organizations the right to have beer in the parks. Marina and Thomas Ryan, 6745 Wentworth, and Don Taylor, 7221 Portland, spoke is opposition to allowing beer consumption is the parks. Councilmember Aassenstab arrived at 8:30 p.m. Speaking against bear is the parks were Dorothy Conlon, 6944 Blaisdell, Oliver Soffman, 6438 filth Avenue, Carol Prest, 7120 15th Avenue, and iota Wuerflein, 6701 4th Avenue. Councilmember Ludeman stated he wished the record to indicate that he felt that if the citq acknowledged the risk is allowing beer in parks by requiring ia- st~rance, the city would experience trouble. Councilmember Kirsch spoke out against beer in the parks and said he wished to defeat this ordinance. Cauncilmember Ludeman said he wished to present an ordinance amendment repealing Section x..17 in place of the ordinance amendment presented in the council agenda. %ouncx,l ~~eeting ~Kinuces -~- Marcn 22, 19zf1 Motion by Kirsch, seconded by Ludeman to adopt an ordinance as follows; Bill 1982-8, "An Amendment to Chapter IV, Section 4.17 of the•Richfield Ordinance ode", dealing with the sale and consumption of beer in the city parks, was read as follows bq the City Attorney LeFevere; the same being on file is the office of the city clerk: (C-122) "Cbapter IV, Section 4.17 of the Ordinance Code of the City of Richfield dealing with the sale and consumption of beer in the city-parks is hereby amended in the following respect: A. By amending Subdivision 2 thereof to read as follows: x.17 SALE AND CONSTJMPTION OF ALCOHOLIC .BEVERAGES IN PARKS. 3ubd. 2. 3a~e-and-~ertaesmptfen-~rel~ibdted: £xeept-ae-pet- mdtted-by-tkie-seet4en; The sale or consumption of a~ehe~Ae beverages containing not less than one half of one percent .~~ alcohol by volume is prohibited in the public parks of the B. By repealing the remaining provisions thereof." Motion by Bunce to amend the above ordinance. Motion died for Lack of a econd. Foll of votes: Ayes - Kirsch, Ludeman. Nays - Bence. Abstain - Hassenatab, Hamilton. City Attorney LeFevere indicated it takes an unanimous vote of the council to allow members to abstain. Councilmember Hassenstab requested permission to abstain from voting on this item as he was absent during part of the discussion. Motion bq Kirsch, seconded by Ludeman to permit Councilmember Hassenstab to abstain front voting on this item. All ayes - Carried. Mayor Hamilton also requested permission to abstain. Motion by Bence to permit the mayor to abstain. Motion died for lack of second. • The mayor then cast his vote in the main motion as an "aye" making the poll of votes as follows: Ayes - Kirsch, Ludeman, Hamilton. Trays - Bence. Abstain - Hassenstab. Council Meeting Minutes -8- March 22, 1982 The second reading of the amendment will be scheduled for April 26, 1982. 12. Ordinance Amendment Relating to On-Sale Liquor Regulations. First Reading. City Manager Nollenberger reviewed an ordinance concerning the requirement currently in the ordinance code for square footage area for liquor license eligibility for restaurants. Mayor Hamilton indicated that this ordinance will bring Richfield's requirements more into conformance with other municipalities. This amendment will reduce the ~-~ required minimum square footage from 7,500 to 4,000. Motion by Hassenstab, seconded by Bence to amend the market value stipulation of the ordinance to state "$750,000" instead of th.e existing $500,000. Poll of votes; Ayes - Bence, Hamilton, Hassenstab. Nays - Kirsch, I,udeman. Carried. Bill 1982-9, "An Amendment to Chapter KI, Section 11.06 of the Richfield Ordinance Code", was read and reviewed by City Attorney Clayton LeFevere, the same being on file in the office of the city clerk. (C-123) Motion by Bence, seconded by Hamilton that this constitute a first reading of Bill 1982-9, as amended; that it be published in the official newspaper and that second reading of this ordinance amendment be scheduled for April 12, 1982. Poll of voters Ayes - Bence, Hassenstab, Kirsch, Ludeman, Hamilton. Nays - None. Carried. 13. Ordinance Amendment Relating to Vacation of Pillsbury Avenue Between 65th and 66th Streets. First Reading. City Manager Nollenberger presented an ordinance providing for vacation of Pillsbury Avenue between 65th and 66th Street. This street vacation is requested by United National Corporation to meet additional space needs of the Phase Two site improvements of the Hub. Bill 1982-10, Transitory Ordinance No. 16.98, "An Ordinance Providing for the Vacation of a Portion of Pillsbury Avenue South", was read and reviewed by City Attorney Clayton LeFevere, the same being on file in the office of the city clerk. (C-124) Council Meeting Minutes -9- March 22, 1982 Motion by Bunce, seconded by Hassenstab that this consitute a first reading Bill 1982-10; that it be published in the official newspaper and that second reading of this ordinance amendment be scheduled for April 26, 1982. Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Hamilton. Nags - None. Carried. Lawrence Wozniczka, 6744 Wentworth, asked that adequate pedestrian thoroughfares be provided for on 65th and 66th Streets. The city manager indicated pedestrian walks have been considered in the plan. 14. Resolution Authorizing Sale of Bonds in the Amount of 549100,000 City Manager Nolleaberger reviewed the request of the HRA requesting the city to sell X4.1 million in general obligation bonds for the gurpose of rec®vdring the HItA's cost incurred with the development of the Lake Shore Drive condominium oject, the~Lyndale Garden Center, the Richfield State Agency, the western portion f the Godfather block and the three houses on Graham Avenue. He indicated that the city's financial consultants advised that the maximum interest rate for these bonds remains at 12 percent and for that reason it is the staff reco~omaendation that no action be takes at this time. -The city manager suggested that the council hold a special meeting on April I, 1982, to adopt the resolution authorizing this bond sale. At that time it will, hopefully, enable the sale of the bonds subject to the new floating interest rate. Motion by Hassenstab, deconded by Ludeman to schedule a special meeting oa April 1, 1982, at 12:00 noon to consider authorizing this bond sale. AlI ayes - Carried. 5. Approval of Recuest for Sale of Beer in Park, Veterans of Foreign Wars City Manager Nollenberger reviewed the request of the Fred Babcock VFW Post or use of Augsburg: Park on July 25, 1982, for their annual picnic. Motion by Hassenstab, seconded by Ludeman to defer consideration of this item Council Meeting Minutes -10- March 22, 1982 until April 26, ].982. Poll of votes: Ayes - Hassenstab, Kirsch, Ludeman, Hamilton. Nays - Bunce. Carried Jerry Sheffield, 4912 ~ 32nd Avenue, said this is a major planning effort and a thirty daq delay will be a setback for the organization. Frank Baker, 6408 18th Avenue, said that it is an individual's right to choose his beverage and that their performance last year speaks for itself. 16. Swimming Pool Use The council discussed open swiaaning and sinner swimming at West Middle School. The city manager reminded the council that they voted to close the indoor goal at West Middle School as a budget saving measure. Motion by Hassenstab, seconded by Kirsch to defer further consideration of this item until the next .council meeting when adequate cast figures are available. All ayes - Carried. 17. ApAroval of Alley Maintenance Projects City Manager Nollenberger presented a resolution setting a public hearing to consider an alley maintenance project for council approval. He reviewed the proposed types of maintenance to be performed and the costs for these services, as outlined in Council Letter No. 100. Motion by Hassenstab, seconded by Ludeman 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 NO. 6591 RESOLUTION PROPOSING TO SPECIALLY ASSESS FOR THE COSTS OF CURRENT SERVICES PROVIDED FOR THE ALLEYS IN RICHFIELD Poll of votes: Ayes - Bunce, Hassenstab, Rinsch, Ludeman, Hamilton. Nays - None. Carried. This resolution appears as Resolution Na. 6591 in Resolution Book No. 48. Council Meeting Minutes -11- March 22, 1982 8. Consent Calendar Motion by Buace, seconded by Ludeman that the following items be approved: A. Payments and Estimates ~ . ._ 1. CP 760, Shelter building, Monroe Park, Estimate No. 3, Henry 0. Mikkelson, $13,775 2. CP 767, Public Safety Building Addition, Rutledge Construction, Estimate No. 6, $39,479.15 3. CP 764, Community Center Elevator, Estimate No. 3, Gem Construction, Inc., $12,563 ~. CP 760,-Site Construction, Monroe Park, Estimate No. 1, Natural Green, $16,537.50 5. CP 727, 1981 Sidewalk improvements, Arcon Construction Final, $7,548.94 B. I.i„ c` Davies Red:Owl, 6601 Nicollet Retail food sales, food facilities retail off-sale-beer Godfather, 708 W. 66th Street $illiard tables, amusemient devices, music box, restaurant Richfield Ice Center Amusement device Colonial Lodge, 7745 Lyndale Motel license Food-N-Fuel, 6300 Lyadale Retail food sa18s, off-sale beer American Legion, 6501 Portland Billiard tables, music box Luxury Lanes, 7711 loth Avenue Bowling alleys, amusement devices, music box Green Mill Pizza, 616 E. 78th Street Restaurant, food establishment, amusement device All ayes - Carried. 19. Claims and Payrolls Motion by Ludeman, seconded by Hassenstab that the following claims and payrolls be approved: RICHFIELD BA11TK & TRUST Checks 79482/79779 Salaries $193,820.49 Checks 2686156952 General 726,424.27 SUI~SIT STATE BANK Checks 64325/6450 $814,829.69 All ayes - Carried. Council Meeting M3anutes -12- 2d a Ad.i o___ ux~~ment Motion by Bunce, seconded by Ludeman that the meet3.ng adjourn. AlI apes - Carried. Tame: 19:15 p.m. Date Approved: April 12, 1982 Sy ~. Bergh City C1 March 22, 1982 ~J f