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04-12-1982CITY OF RICHFIELD REGULAR CITY COUNCIL MEETING April 12, 1982 The city council of the City of Richfield met in regular session in the council chambers of the city hall on Monday, April 12, 1982, at 7:00 p.m. The meeting was called to order by Mayor John Hamilton at 7:06 p.m. The Spartan-Hi 4-H Group presented the colors. Rev. Ted Johns, pastor of Richfield Lutheran Church, gave the invocation. Present: Bunce, Hassenstab, Kirsch, Ludeman, Hamilton 1. Presentation of Certificates of Appreciation Mayor Hamilton presented resolutions honoring Richfield school superintendent Lowell Larson and City Manager Karl Nollenberger. Refreshments were served and the council reconvened at 7:25 p.m. 2. Opportunity for Citizens to Address the City Council George Walters, 7601 Park Avenue, spoke against liquor in the parks and encouraged strict enforcement of drunk driving laws. He also encouraged the city to sell its liquor stores. 3. Approval of Minutes of Special Meeting and Regular Meeting of March 22, 1982 Motion by Bunce, seconded by Ludeman to approve the minutes of the special meeting of March 22, 1982, and the minutes of the regular meeting of March 22, 1982, with the amendment to Page I to show approval of Miller's Fireside Pizza wine license. All ayes - Carried. 4. Council Approval of Agenda The City Manager added an item to the Consent Calendar relating to extension of VFW gambling hours. Councilmember Ludeman asked to remove 19B, Purchases in Excess of $2,500, from the Consent Calendar. Motion by Ludeman, seconded by Kirsch to approve the amended agenda. A11 ayes - Carried. Council Meeting Minutes -2- April 12, 1982 5. Special Assessment Project Hearin, Allev Maintenance 1982/83 City Manager Nollenberger described the special alley maintenance assessmenC project proposed for 19$2, as described in Council Letter No. 108. He stated that creation of this district is the subject of a public hearing at this time. He then opened the hearing to the public. Adrian Blood, 6816 Washburn, expressed opposition to the proposal to specially assess the cost of alley snow removal. George Walters, 7601 Park, also spoke in opposition to assessing for snow removal an alleys. James A. Pace, 6632 Clinton, stated that alley snow plowing done in the past was inadequate and might just as well be eliminated. Eugene Smola, 7444 Nicollet, stated he hoped that the quality of alley repair would improve if he is to pay for such repair. Ardyth Jahnke, 7105 Stevens, asked about assessments for paved alleys. Clifford Hansen, 6300 Aldrich, asked if he would be assessed even if he doesn't use the alley. Robert Holler, 6833 Grand, asked if people who live adjacent to sidewalks will be assessed for sidewalk plowing. Bill Legault, 3009 W. 76th Street, described cracks on 76th Street. Bob Hall, 7309 Oliver, suggested that the city discontinue plowing sidewalks. Motion by Hassenstab, seconded by Ludeman to close the hearing. All ayes - Carried. 1 City Manager Nollenberger described the history of council deliberations regarding the issue of alley surfacing and maintenance, and how to pay for any resurfacing or maintenance. Motion by Ludeman, seconded by Hassenstab that the following resolution be Council Meeting Minutes -3- April 12, 1982 adopted; that it be spread in the resolution book and that it be made a part of these minutes: RESOLUTION N0. 6592 RESOLUTION ORDERING ALLEY MAINTENANCE CP 771 Poll of votes: Ayes - Bunce, Hassenstab, Ludeman. Nays - Hamilton, Kirsch. Carried. This resolution appears as Resolution No. 6592 in Resolution Book No. 48. 6. Ordinance Amendment Relating to Licensing and Regulating Sale of Liquor. Second Reading City Manager Nollenberger presented an ordinance amendment relating to the licensing and regulating of the on-sale license for intoxicating liquor in restaurants. This ordinance, as given first reading approval by the council, would reduce the required square footage to 4,000 square feet and increase the market value requirement from $500,000 to $750,000. Motion by Hassenstab, seconded by Bunce to amend the ordinance to establish the market value requirement at $$00,000. All ayes - Carried. George Walters, 7601 Park, spoke in opposition to permitting any liquor licenses. Motion by Hassenstab, seconded by Kirsch to close the hearing. All ayes - Carried. Bill 1982-9, "An Amendment to Chapter RI, Section 11.06 of the Richfield Ordinance Cade", 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 Bunce, seconded by Hassenstab that this constitute a second reading of Bill 1982-9, as amended; 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, Hamilton. Nays - Ludeman. Carried. Council Meeting Minutes -4- April 12, 1982 7. Approval of Minutes, Bid Tabulations, Award of Contract for Adams Hill Park T.if~ Station: Annroval of Agreement with City of Edina for Storm Drainage City Manager Nollenberger presented a proposed amended agreement between the City of Richfield and the City of Edina related to storm water facilities at Adams Hill Park. He also recommended that the city council award the contract for a lift station at Adams Hill Park to Acton Construction Company for a base bid price of $99,050 and alternate of $500, for a total bid price of $99,500. Motion by Kirsch, seconded by Ludeman to approve the amended Richfield-Edina Agreement relating to storm water facilities. All ayes - Carried. Motion by Ludeman, seconded by Hassenstab to award the base bid of $99,050 and L' the add alternate of $500, for a total contract price of $99,500 to Acton Construction Company. All ayes - Carried. .. 8. Discussion of Request to Convey Land, and Request__for_Street Vacation,. Oak City Manager Nollenberger described requests made by Oak Grove Lutheran Church to donate land to the city and vacate 71st Street between L'yndale Avenue and Augsburg Avenue. The church also has requested reduction of the special assessment. for the Lyndale Avenue improvement project. Thomas Stertz, president of Oak Grove Lutheran Church, spoke on behalf of the church's requests. Motion by Hassenstab, seconded by Ludeman to refer to the Planning Commission the questions of the city acquiring the triangular piece of land and the vacation of 71st Street between Lyndale Avenue and Augsburg Avenue, as well as closing of Augsburg Avenue at Lyndale Avenue. A11 ayes - Carried. Council Meeting Minutes -5- April 12, 1982 9. Request for Renewal of On-Sale Wine License, Shakey`s Pizza, Deferred from March 22, 1982 City Manager Nollenberger presented the request for renewal of an on-sale wine license for Northstar Pizza Corp., (dba Shakey's Pizza Parlor), at 500 East 78th Street. Bob Waldron, 1185 78th Street, Excelsior, representing the applicant, answered questions of the council. Motion by Bunce, seconded by Hassenstab to approve the renewal of this on-sale wine license. All ayes - Carried. 10. Request for Renewal of On-Sa March 22. 1982 e. Pontillo' from City Manager Nollenberger presented the request for renewal of an on-sale wine ~ieen-sue€er acrf3l_ c ~ a ~i overt n ~ Inc. , 2312 West 66th; Street. Ms. Shelly Young- krantz, manager of the establishment, answered questions from the council. Motion by Hassenstab, seconded by Bunce to approve the renewal of this on.-sale wine license. All ayes - Carried. 11. Application for Nonintoxicating Malt Liquor License, Godfather Pizza, 2 West 66th Street City Manager Nollenberger presented the request for a nonintoxicating malt liquor license for Godfather's Pizza, 2 West 66th Street. Mr. James Gallup, representing the applicant, answered council questions. Public Safety Director Tom Morgan described the ordinance provisions that require persons 19 years of age and under to be seated in an area separate from the area where nonintoxicating malt liquor will be served. Motion by Hassenstab, seconded by Bunce to approve this nonintoxicating malt liquor license with the stipulation that the staff approve plans to ensure compliance with this ordinance provision, before the license is actually issued. All ayes - Carried. Council Meeting Minutes -6- April 12, 1982 12. Discussion of 76th Street Traffic Community Development Director Dennis Kraft described issues related to 76th Street traffic and previous discussion held among .the Planning Commission, area residents and the city council regarding this matter. He summarized the issues and potential solutions, as detailed in Council Letter No. 104. Connie Hoverson, 7408 13th Avenue, described the Planning Commission deliberations of these issues, as did Jerry Ramprud, 7220 James. Jan Cerny, 7545 Fremont, observed that people do not stop for-"stop" signs in the same way that they stop for semaphores. Joe Ertman, spoke representing Berea Lutheran Church, in support of retaining the "stop" sign at 76th and Emerson Avenue. Dave Putrich, 7601 Thomas, described his concerns with the 76th Street traffic. Bill Legault, 3009 W. 76th Street, spoke supporting slowing down traffic on 76th Street and using unmarked police -cars to enforce speed limits. The council requested the staff to provide more information regarding police enforcement and use of "stop" signs for traffic control. Motion by Bunce, seconded by Ludeman to continue discussion of these matters at the May 10, 1982 council meeting. Poll of votes: Ayes - Bunce, Kirsch, Ludeman, Hamilton. Nays - Hassenstab. Carried. Councilmember Hassenstab suggested possible recommendations, as follows: Install at least three additional speed limit signs . Install at least two additional noise enforcement signs (Provide cost information and feasibility of highlighting signs with red or amber light.) Increase police enforcement Leave existing "stop" signs until after semaphore at I-35W/76th Street is operational Provide more information regarding enforcement of truck weight/load limits 1 Council Meeting Minutes -7- April 12, 1982 Ask Lyndale and 76th Street merchants study group to look at the question of left turn signals at that intersection. Ask the Planning Commission and staff to study the question of reopening 75th Street. 13. Discussion of Guidelines for Fee Waived Licenses City Manager Nollenberger described the confusion presently existing regarding eligibility for waiver of license fees and inconsistencies in the city code, as summarized in Council Letter No. 107. He recommended that the city council establish guidelines for issuance of fee-waived licenses. Motion by Ludeman, seconded by Hassenstab to adopt the following guidelines, as outlined in Council Letter No. 107: 1. The establishment where the machine is located must be the party applying for the license; 2. Only groups that are religious, civic, benevolent, educational, veterans or nonprofit will be considered for fee waived licenses; 3. Only license fees for which no inspectional service is required will be considered for fee waiver; 4. For licenses requiring background investigation, the cost of investigation may be substituted for the license fee if all other criteria are met. All ayes - Carried. The City Manager also asked the council to consider the request of the Hub Merchants Association for a fee waiver of $100 per day for a carnival. He said the Association would have to be considered a civic organization to qualify in this instance. Motion by Ludeman, seconded by Hassenstab to waive the $100 per day fee for n li Hub Merchants Association with the understanding that they would still pay for the food licenses for this activity. All ayes - Carried. Council Meeting Minutes -8- April 12, 1982 14. Discussion of Closing of Indoor Swimming Pool City Manager Nollenberger presented a history of the summer indoor swimming pool program, and information describing participation and costs of that program for 1981. He observed that elimination of this program was approved by the city council in February, 1982, and would save an estimated $5,000 annually. Bob Hall, 7309 Oliver Avenue, stated that the pool usage was so low because people were confused regarding whether the pool was open or closed, or how to use the pool. Walter Happt, Jr., 7633 Elliott, spoke supporting use of the indoor swimming pool. Motion by Kirsch, seconded by Hassenstab to reinstate the 1982 summer indoor swimming program with the understanding that the Richfield Swim Club will assist in seeking to raise $2,000 to reduce the city's costs for this program and that the staff will seek to develop means of providing a surcharge to users of this pool in an effort to raise additional monies. __r Community Services Director Don Fondrick described the components of the city's costs for the indoor swim program. Councilmember Kirsch then withdrew his motion and requested additional information and discussion to be presented at the next meeting. Gouncilmember Hassenstab withdrew his second. 15. Recommendations for City Hall Parking Lot Revision and Energ Im rovements to City Hall City Manager Nollenberger described a proposal for improvement to the city hall parking lot and various city facility energy improvements. He presented a resolution which would transfer monies during 1982 from the city's Permanent Improvement Revolving Fund, to undertake these projects. This action would, in effect, amend the 1982 capital budget to include these projects. He also Council Meeting Minutes -9- April 12, 1982 presented a resolution approving the lay-out for the expanded city hall off- street parking. 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. 6593 RESOLUTION APPROVING LAYOUT OF OFF-STREET PARKING City of Richfield 6700 Portland Avenue Location: Same Use: Expanded Parking Area Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Hamilton. Nays - None. Carried. This resolution appears as Resolution No. 6593 in Resolution Book No. 48. Motion by Ludeman, seconded by Kirsch to approve budget items of $35,000 for energy improvements and $13,000 for city hall parking lots. 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. 6594 RESOLUTION AUTHORIZING TRANSFER OF FUNDS FROM PERMANENT IMPROVEMENT REVOLVING FUND TO CAPITAL IMPROVEMENT BUDGET TO FINANCE PARKING LOT IMPROVEMENTS AT CITY HALL AND CITY HALL ENERGY IMPROVEMENTS Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Hamilton. Nays - None. Carried. This resolution appears as Resolution No. 6594 in Resolution Book No. 48. 16. Report on the Status of CP 705, Lyndale/Hub/Nicollet Public Improvements Motion by Hassenstab, seconded by Ludeman that this item be deferred with the understanding that the irrigation system will be let for bid. All ayes - Carried. Council Meeting Minutes -10- April 12, 1982 17. Discussion of Proposed Market Study for Cedar Avenue Liquor Store Site Motion by Hassenstab, seconded by Ludeman that this item be deferred. All ayes - Carried. 18. City Facility Us.e Policy Motion by Hassenstab, seconded by Ludeman that this item be deferred. All ayes - Carried. 19. Policy Related to City Support and Treatment of .Special Interest Grou,~s Community Services Director Fondrick described the history of city activities and golicies supporting special interest groups. He presented a policy relating to handling requests for assistance from special interest groups for council approval. Motion by Hassenstab, seconded by Bunce to adopt this policy relating to city support and treatment of special interest groups. All ayes - Carried. 20. Purchases in Excess of $2,500 Motion by Ludeman, seconded by Kirsch that the following purchases in excess of $2,500 be approved: Cold Mix Authorize the purchase of cold mix for 1982 alley maintenance project at a unit price of $27/ton from McNamara-Vivant, for an estimated total price of $5,400. Utility Boxes Authorize the purchase of three specialized utility boxes for recently purchased trucks from Truck Outfitters in the amount of $9,023.70. Lawnmower Authorize purchase of gasoline propelled 72 inch Toro Groundsmaster Mower from Weekend Freedom in the amount of $8,460.75. Gas Pump. Station Authorize purchase of gas pump station for golf course from Zahl Equipment Co. Council Meeting Minutes -11- April 12, 1982 in the amount of $4,289.60. Tees and Greens Aerator Authorize purchase of a Ryan Model 544801 Greensair II with windrow attachment from P. L. Gould and Co. in the amount of $4,650. Penn Avenue Liquor Store Sign Authorize purchase of a sign for the Penn Avenue Liquor Store from Norquist Signs in the amount of $5,480. 21. Consent Calendar A. Motion by Kirsch, seconded by Bunce that the following items be approved: wi Authorize approval of Joint Powers Agreement with City of Bloomington for necessary management services to effectively continue our restaurant inspection program. B. One Day Extension of Gambling Hours,. Fred Babcock, VFW Post ~~555 Authorize the Fred Babcock VFW Post ~~555 to_expand the hours of their gambling activity from 8:00 a.m. to 11:00 p.m. on a one-day basis, April 24, 1982. C. Payments and Estimates Gem Construction Co., CP 764, Community Genter Elevator, Estimate 4 - $5,207 Henry 0. Mikkelson, CP 760, Monroe Park Shelter, Estimate 4:- $3,325 D. Licenses Conservation Systems, Minneapolis - Sign Installer All ayes - Carried. 22. Claims and Payrolls Motion by Bunce, seconded by Hassenstab that the following claims and payrolls be approved; Council Meeting Minuices -12- April 12, 1982 RICHFIELD BANK & TRUST Checks 2712/57292 General $ 941,755.72 Checks 79784/80085 Salary 191,731.93 SUMMIT BANK & TRUST Checks 64355/64394 $1,379,744.86 All ayes - Carried. 23. Adjournment Motion by Hassenstab, seconded by Bunce that the meeting/adjourn. All ayes - Carried. Time: 12:22 a.m., April 13,9 ~~ ;~ /~ Date Approved: April.26, 1982 Mayor o~- J ..Wilde Acting City Clerk i ~~~ ~ Karl Nollenber r City Manager