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07-26-1982CITY OF RICHFIELD REGULAR CITY COUNCIL MEETING July 26, 1982 The city council of the City of Richfield met in regular session in the council chambers of the city hall on Monday, July 26, 1982 at 7:00 p.m. Mayor Hamilton called the meeting to order at 7:03 p.m. Richfield Girl Scout Troop ~~69 presented the colors and the audience and council participated in the Pledge of Allegiance. Present: Bunce, Hassenstab, Kirsch, Ludeman, Hamilton 1. Approval of Minutes of Re ularly Scheduled Meeting of Jul 12, 1982 Motion by Bunce, seconded by Kirsch to approve the minutes of the July 12, 1982 city council meeting. All ayes - Carried. 2. Presentation of Life Savin Honor to Girl Scout Mayor Hamilton presented a life saving honor award to seven-year old Michelle Morrissette, who made necessary telephone calls when her father was taken ill. Representatives from the Girl Scout Council were present for the recognition. 3. Presentation to Miss Richfield Participants Mayor Hamilton presented Debbie Klopp, Miss Richfield, with an award in appreciation of her participation in the recent Fourth of July Celebration. Councilmember Bunce praised members of the Fourth of July Celebrattion Committee for their endeavors and introduced those in the audience. 4. Opportunity for Citizens to Address the Cit Council Gordon McKinnon, 7308 Upton Avenue, spoke, advocating stricter animal ordinances, in that geese and aniunals are damaging Adams Hill Park. He also said sign ordinances should be strengthened to eliminate the profusion of garage sale and political signs. City Council Meeting Minutes °2- duly 26, 1982 5. Council Approval of Agenda Motion by Hassenstab, seconded by Ludeman to approve the agenda. All ayes - Carried. 6. Ordinance Amendment Amending Section S.Oi - 5.20 of the Cit Charter Relating to Initiative and Referendum, and Including Recall. Second Reading. City Manager Nollenberger reviewed the ordinance amendment relating to Initiative, Referendum and Recall, Chapter 5 of the City Charter. He said that unanimous approval by the council is required for passage of this ordinance. Motion by Hassenstab, seconded by Kirsch to close the hearing. All ayes - Carried. Bill 1982-20, Transitory Ordinance No. 17.00, Charter Amendment Ordinance No. 14, "Charter Amendment Ordinance Relating to Recall of Elected Public Officers of the City, Amending Chapter 5 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-138) Motion by Hassenstab, seconded by Ludeman that this constitute a second reading of Bill 1982-20; 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. 7. Ordinance Amendment Amending Section 2.07 of the City Charter Relatin to Council Salaries. Second Reading. City Manager Nollenberger presented an ordinance amendment amending Section 2.07 of the City Charter relating to council salaries for city council second reading consideration. He recommended approval of this amendment which will bring the City Charter in compliance with existing state law. Motion by Hassenstab, seconded by Kirsch to close the hearing. All ayes - Carried. City Council Meeting Minutes -3- July 26, 1982 Bill 1982-19, Transitory Ordinance No. 16.99, Charter Amendment Ordinance No. 13, "An Ordinance Amending the City Charter of the City of Richfield", relating to Section 2.07, was read and reviewed by City Attorney Clayton LeFevere, the same being on file in the office of the city clerk. (C-137) Motion by Hassenstab, seconded by Bunce that this constitute a second reading of Bill 1982-19; that it be published in the official newspaper and that it be made a part of these minutes. Poll 05 votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Hamilton. Nays - None. Carried. 8. Transitory Ordinance Vacating Alley in Block 6, Lyndale Oaks Addition., Second Reading; Approval of Off-Street Parking Permit and Landscape Plan City Manager Nollenberger presented a transitory ordinance providing for vacation of the alley in Block 6, Lyndale Oaks Addition, as explained in Council Letter No. 240. This vacation was requested by Mr. Mark Ahlquist who has also requested approval of an off-street parking permit to allow him to construct improvements to the existing parking areas on the site.. Mr. Ahlquist was present in the audience. Mr. Ernest Malone, 515 W. 64th Street, asked what type of buffers were being anticipated and that he wished assurance that he will have adequate access to get out of his alley. Motion by Ludeman, seconded by Hassenstab to close the hearing. All ayes - Carried. Bill 1982-26, Transitory Ordinance No. 17.01, "A Transitory Ordinance Providing for the Vacation of the Alley on Block 6, Lyndale Oaks", was read and reviewed by City Attorney Clayton LeFevere, the same being on file in the office of the city clerk. (C-146) City Council Meeting Minutes -4- July 26, 1982 Motion by Ludeman, seconded by Hassenstab that this constitute a second reading of Bill 1982-26; 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. Motion by Hassenstab, seconded by Kirsch that the following resolution v be adopted; that it be spread in the resolution book and that it be made a part of these minutes: RESOLUTION N0. 6630 RESOLUTION APPROVING IAYOUT AND CONTRACT FOR OFF-STREET PARKING IN ACCORDANCE WITH APPLICATION NO. 82-2, CONTRACT N0. 2342 Mark Ahlquist 6449 Lyndale Avenue Location: 6439-61 Lyndale Use: Parking Area Poll of votes: Ayes - Bunce, Hassenstab, Rirsch, Ludeman, Hamilton. Nays - None. Carried. This resolution appears as Resolution No. 6630 in Resolution Book No. 48. 9. Ordinance Rezoning Property to MR-1 Multiple Residence. Second Reading. Community Development Director Dennis Kraft presented an ordinance providing for rezoning of various properties to MR-1, Multiple Residence. He said the planning commission did not wish to perpetuate nonconforming uses. Lawrence Wozniczka, 6744 Wentworth, asked if a number of prior requests had not been zoned MR prior to this rezoning. Mr. Kraft replied that this was so. Motion by Hassenstab, seconded by Ludeman to close the hearing. All ayes - Carried. Bi11 1982-25, "Amendment to Appendix C of the Ordinance Code of the City of Richfield, Minnesota", defining the boundaries of the various zoning districts of the city enumerated in Chapter III, Part IV, Section 3.28, Subd. 2., was read City Council Meeting Minutes -5- July 26, 1982 and reviewed by City Attorney Clayton LaFevere, the same being on file in the office of the city clerk. (C145) Motion by Ludeman, seconded by Hassenstab that this constitute a second reading of Bill 1982-25; 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. 10. Transitory Ordinance Appropriatine Monies from the Special Revenue Fund to the Public Safety Building Protect. Second Reading. City Manager Nollenberger presented a transitory ordinance providing for the transfer of monies from the Special Revenue Fund to the Public Safety building project for city council second reading consideration. Lawrence Wozniczka, 6744 Wentworth, asked for details of the landscaping plan; that he thought the cost was excessive and that the sad near the entry ' is dying. Community Services Director Fondrick detailed the type of shrubs and the new wood perimeter that will be installed and said the sod will be replaced as it is under contract. Motion by Ludeman, seconded by Hassenstab- to close the hearing. All ayes - Carried. Bi11 1982-24, Transitory Ordinance No. 17.01, "An Ordinance Providing for the Expenditure of Money from the Special Revenue Fund for Certain Capital Improvements", was read and reviewed by City Attorney Clayton LeFevere, the same being on file in the office of the city clerk. (C-147) Motion by Ludeman, seconded by Kirsch that this constitute a second reading of Bi11 1982-24; that it be published in the official newspaper and that it be made a part of these minutes. City Council Meeting Minutes -6- July 26, 1982 Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Hamilton. Nays - None. Carried. 11. Ordinance Amendment Relating to-the Sale of Drug Paraphernalia. Second Reading. City Manager Nollenberger presented an ordinance prohibiting the sale of drug paraphernalia in the City of Richfield for city council second reading consideration. Motion by Hassenstab, seconded by Bunce to close the hearing. All ayes - Carried. Bill 1982-23, "Amendment to Chapter R, Part III of the Ordinance Code of the City of Richfield'°, prohibiting certain types of conduct as misdemeanors, was read and reviewed by City Attorney Clayton LeFevere, the same being on file in the office of the city clerk. (C-142) Motion by Kirsch, seconded by Hassenstab that this constitute a second reading of Bill 19$2-23; 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. 12. Ordinance Amendment Relating to "Snowbirds" Director of Community Services Fondrick, presented an ordinance amendment relating to the problem of people leaving parked cars on the streets, "snowbirds", for city council first reading consideration. This ordinance amendment would prohibit parking on public streets after a three-inch snowfall, until after the streets are cleared. He said that if the ordinance is approved at this time it would become effective prior to the 1982/1983 winter season and allow sufficient time to inform the public of the new regulations. Motion by Hassenstab, seconded by Kirsch to close the hearing. City Council Meeting Minutes -7- All ayes - Carried. July 26, 1982 Bill 1982-27, "Amendment to Chapter IX, Section 9.02 and 9.03 of the Ordinance Code of the City of Richfield", relating to the parking and stopping of vehicles on the public street, 'was read and reviewed by -City Attorney Clayton LeFevere, the same being on file in the office of the city clerk. (C-148) Motion by Hassenstab, seconded by Kirsch that this constitute a first reading of Bill 1982-27; that it be published in the official newspaper and that second reading of this ordinance amendment be scheduled for August 9, 1982. Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Hamilton. Nays - None. Carried. 13. Resolution Ordering aignal Improvements at 76th Street and Lyndale Avenue City Manager Nollenberger reviewed recent meetings that have been held with business people from the 76th Street and Lyndale area in an effort to resolve traffic problems its the 76th Street and Lyndale business area. The following recommendations were made by committee and staff: 1. On-street parking should be prohibited on Lyndale Avenue between 74th and 76th Streets. 2. A new signal should be constructed at the intersection of 76th and Lyndale. This signal should be provided with mast arms to assure that the signal heads hang above the flow of traffic in a more highly visible location. 3. A11 parking should be eliminated within the 50-foot sight triangle at~all four corners of the intersection, to allow for better visibility. Motion by Ludeman, seconded by Kirsch that the following resolution be adapted; that it be spread in the resolution book and that it be made a part of these minutes: RESOLUTION N0. 6631 RESOLUTION ORDERING SIGNAL IMPROVEMENTS AT 76TH STREET AND LYNDALE AVENUE AND PREPRATION OF PLANS - CP 773 City Council Meeting Minutes -8- July 26, 1982 Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Hamilton. Nays~- None. Carried. 14. Report on Residential Problems Vicinit of 68th and Cedar Avenue Tom Morgan, Public Safety Director, gave the background on the Public Safety Department's efforts to correct the situation at 6844 and 6900 Cedar Avenue. He said the conditions are offensive to neighbors. Young men have been careless and unruly and have not properly maintained the rental property. Mr. Morgan provided the names of the property owners so the council can write them if they chose. Charles Herzog, 6845 18th Avenue, cited specific ordinance violations that have taken place. Ed Thom, 6838 18th Avenue, asked how many unrelated individuals can live in one dwelling. The city attorney replied that the ordinance states three, however, complaints from neighbors would not constitutue hard evidence toward a search. Fred Kritzman, 6901 18th Avenue, said he had to erect a fence to keep debris out of his yard. Alice Kritzman said there have been as many as 27 cars at one time at the houses. Mayor Hamilton pledged the support of the city staff, especially the Public Safety Department, in solving this problem. 15. Commission Ap ointments Mayor Hamilton advised that the city council had interviewed all the candidates for commission appointments prior to the meeting this evening. The following appointments were made: Planning Commission Motion by Bunce, seconded by Hassenstab to appoint Charles Kauth, 7321 Morgan, to fill an unexpired term which will expire January, 19$3. All ayes - Carried. City Council Meeting Minutes -9- July 26, 1982 Motion by Ludeman, seconded by Hassenstab to appoint Barbara Kritzman, 6408 Pillsbury Avenue, to fill an unexpired three-year term which will expire in January, 1983. All ayes - Carried. Energy Commission Motion by Ludeman, seconded by Bunce to appoint Chrysanne Gross, 6609 Humboldt, and Dorothy Hines, 6809 Lyndale, to serve terms expiring July, 1985. A11 ayes - Carrieda Senior Citizen/Handicapped Commission Motion by Ludeman, seconded by Kirsch to appoint Carolyn Dobis, 2916 71 1/2 Street W., to fill an unexpired three-year term which will expire February, 1984. All ayes - Carried. _ 16. Request for Fee Waived License for Residential Kennel City Manager Nollenberger reviewed the ordinance guidelines that provide for fee waived licenses, as explained in Council Letter No. 238. He indicated that no provision is made for a fee waived residential kennel license because of the potential nuisance of such kennels. Mr. Richard Burris, 7325 Fremont, who has requested a waiver of the fee, said his owning of four cats does not constitute a kennel and that the increased fee is discriminatory and excessive. He read a letter from his neighbor, Albert and Marjorie Fournier, 7329 Fremont, saying he keeps his cats confined to the house. The city attorney reviewed the history of the animal license and said there was no indication on the application that Mr. Burris had a commercial kennel. Motion by Bunce, seconded by Hassenstab to direct the staff to review the fee structure on cat and dog kennel licensing. City Council Meeting Minutes -10- .duly 26, 1982 All ayes - Carried. 17. Mayor-Council Discussion Items Councilmember Kirsch asked if the Laird house at 69th and Oliver was still standing. T'he city attorney advised it is still standing and that the city should not destroy the house without a court order. Mayor Hamilton raised four items - 1. How soon can campaign signs be erected; this to be considered on the neact agenda. 2. Beginning in October, the mayor will set a time every other Tuesday when he will be available to meet with the public. 3. The mayor will be sending a welcome letter to new residents in the community, 4. The mayor will be inviting four high school students to lunch every other month. 18. Consent Calendar Motion by Ludeman, seconded by Hassenstab that the following items be approved: A. Approval of Plans and Specifications and Authorization to Submit Application for CP 774 - 67th Street and Lyndale Avenue Traffic Signal RESOLUTION N0. 6632 RESOLUTION ORDERING CP 774 67TH STREET AND LYNDALE AVENUE TRAFFIC SIGNAL AND PREPARATION OF PLANS RESOLUTION N0. 6633 RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR CP 774 67TH STREET AND LYNDALE AVENUE TRAFFIC SIGNAL B. Approval of Minutea, Bids for Front End Loader Award contract to Olson Equipment Co. in the amount of $22,000 for a used, gas powered Waldon 5000 four wheel type mechanical front end loader; and authorize purchase of cab in the amount of $3,400. City Council Meeting Minutes -11- July 26, 1982 C. Purchase in Excess of $2,500 Traffic Marking Taae Authorize purchase of 48 rolls of 3-M traffic marking tape for a total purchase price of $3,945.60 from Safety and Security Systems. D. Payments and Estimates Batzli Electric, CP 757, Estimate ~~3, lighting and signals 67th Lakeshore to 74th Lyndale - $53,902.74 Arcon Construction, CP 775, 1982 alley improvements, Estimate ~~l - $I27,I38.67 Aqua Engineering, CP 7054, L/H/N Irrigation, Estimate ~~1, $85,761.01 Natural Green, Inc., CP 760, Monroe-Fairwood site construction, Estimate ~~5, $10,080.00 All ayes - Carried. 19. Claims and Payrolls Motion by Ludeman, seconded by Bunce, that the following claims and payrolls be approved; RICHFIELD BANK & TRUST Checks 2974/59016 General $1,484,320.ZZ Checks 82207/82613 Payroll 226,265.03 SUMMIT STATE BANK Checks 64583/64623 $4,558,091.09 All ayes.- Carried. 20. Adjournment Motion by Hassenstab, seconded by Kirsch that the meeting adjourn. All ayes - Carried. City Council Meeting Minutes -12- Date Approved: August 9, 1982 Syl K. Berg City C1 July 26, 1982 ~Jgnn t1am7.ltgt~/" Mayor T~en.~ /~15~ Karl Nollenberge City Manager