01-10-1983CITY OF RICHFIELD
REGULAR CITY COUNCIL MEETING
January 10, 1983
The city council of the City of Richfield met in regular session in the council
chambers of the city hall on Monday, January 10, 1983.
Mayor John Hamilton called the meeting to order at 7:04 p.m.
Present:~ Bunce, Hassenstab, Kirsch, Ludeman, Priebe, Hamilton
Nine members of Girl Scout Troop 1103 presented the colors and led in the Pledge
of Allegiance. Mayor Hamilton presented the girl scouts certificates of appreciation
for their participation in the meeting.
1. Approval of Minutes of
Suecial City Council M
Motion by Hassenstab, seconded~by Ludeman to approve the minutes of the regular
meeting of December 13, 1982 and the special meeting of January 3, 1983.
All ayes - Carried.
2. Council Approval of Agenda
Motion by Ludeman seconded by Hassenstab that the agenda be approved as
presented.
All ayes - Carried.
3. Public Hearing Relating to Renewal of Liquor, Sunday Liquor and Gambling
Licenses for VFW Post 5555
City Manager Nollenberger reviewed the application of the VFW Fred Babcock
Post for on-sale liquor, Sunday liquor and gambling licenses for 1983, as explained
in Council Letter No. 22. He outlined the Minnesota Statutes and city ordinance
which has authorized municipalities to issue on-sale liquor licenses to veterans'
organizations for the first time this year. The city manager said the organization
was requesting additional gambling occasions during the coming year. The ordinance
allows 104 gambling and 104~bingo events per year, but specified that the council
may approve additional gambling occasions.
Council Meeting Minutes -2- January 10, 1983
Motion by Hassenstab, seconded by Kirsch to close the hearing.
All ayes - Carried.
Motion by Ludeman, seconded by Kirsch to approve 156 gambling occasions for
1983.
Poll of votes: Ayes - Hassenstab, Kirsch, Ludeman, Priebe, Hamilton. Nays - Bunce.
Carried.
Motion by Bunce, seconded by Hassenstab to recommend that the gambling license
be reviewed and updated.
A11 ayes - Carried.
Motion by Hassenstab, seconded by Kirsch to approve on-sale and Sunday liquor
licenses for the VFW Fred Babcock Post for 1983.
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All ayes - Carried. .
4. Public Hearin~iRelating to Renewal of On-Sale Liguor,_Sunday Liquor and Gambling
Licenses,_American Legion Post 435
City Manager Nollenberger reviewed the application fvr on-sale liquor, Sunday
liquor and gambling licenses of the American Legion Post 435. He noted that the
Legion had been granted gambling privileges on Thursdays, Fridays and Saturdays and
bingo occasions on Wednesdays and Sundays in 19$2. At this time they are requesting
additional gambling on Sundays and Wednesdays, and deleting Saturdays. The ordinance
permits 104 gambling and bingo occasions per year. The city managex recommended that
156 gambling occasions be approved on a probationary basis.
Motion by Bunce, seconded by Ludeman to close the hearing.
All ayes - Carried.
Motion by Bunce, seconded by Hassenstab to approve the issuance of on-sale
liquor, Sunday liquor and gambling licenses (based on 156 gambling occasions) on a
probationary status, subject to periodic review throughout the year to insure
compliance by the American Legion with applicable laws and ordinances.
All ayes - Carried.
Council Meeting Minutes -3- January 10, 1983
5. Request for Variance from the Zoning Ordinance to Construct a Free Standing
Canopy, 6300 Lyndale Avenue
_ City Manager Nollenberger reviewed the request of Food-N-Fuel Inc., of 6300
Lyndale for a variance to enable construction of a two-column free standing canopy,
as presented in Council Letter No. 11. He indicated that the planning commission
has suggested the ordinance be amended to eliminate the requirement for integral
canopies and that the city staff is currently reviewing regulations relating to
canopies.
Motion by Hassenstab, seconded by Bunce to close the hearing.
All ayes - Carried.
Motion by Ludeman, seconded by Kirsch to approve this variance as requested.
All ayes - Carried.
6. Resolution of Approval for Improvements to Intersection of 66th Street and
Penn Avenue
City Manager Nollenberger introduced the continued hearing for the proposed
improvements to the intersection of 66th Street and Penn Avenue. He asked the city
engineer to provide the background of the project.
Michael Eastling showed the historical development of this project from
October, 1979, to present when attempts were made by the city staff to procure public
input into the process. He said the improvement will be funded with state and city
funds.
Ms. Del Erickson, owner of Sandy's Tavern, 6612 Penn Avenue, appeared in opposition
to the project. She questioned Mr. Eastling's figures relative to accident costs; said
semi-trucks can not maneuver around medians; cited the large number of emergency
vehicles on this street due to the proximity of the fire station and Fairview Hospital;
and alluded to a petition she had presented at an earlier-me~tin:g-thi~~veni-ng
containing 446 signatures agains .the project. (C-173)
Mayor Hamilton and the council complimented Ms. Erickson on her diligent
research and concern on this project.
Council Meeting Minutes -4- January 10, 1983
Motion by Hassenstab, seconded by Priebe to close the hearing.
All ayes - Carried.
Motion by Hassenstab, seconded by Priebe 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. 6709
RESOLUTION ORDERING IMPROVEMENT AND
PREPARATION OF PLANS FOR 66TH STREET AND
FENN AVENLTK INTERSECTIONS - C. P. 780A
Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Priebe, Hamilton. Nays -
None. Carried. This resolution appears as Resolution No. ®709 in Resolution Book No. 49.
Motion by Kirsch, 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. 6710
RESOLUTION ORDERING THE IMPROVEMENT AND
PREPARATION OF PLANS FOR SIDEWALKS AND
STREET LIGHTING ON PENN AVENUE, 65TH
STREET TO 68TH STREET - C.P. 780
Po 11 of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Priebe, Hamilton. Nays -
None. Carried. This resolution appears as Resolution No. 6710 in Resolution Book No. 49.
7. Opportunity for Citizens to Address the Cit Council
Mr. Simonson appeared and invited council members to attend a governor's prayer
breakfast and passed out free tickets.
8. Ordinance Amendment Relating to Outdoor Adyertisin Displays (Billboards),
Second Reading.
City Manager Nollenberger introduced the second hearing relating to an ordinance
amending the sign ordinance provisions pertaining to outdoor advertising displays.
Community Development Director Dennis Kraft reviewed the following changes that
have evolved after meetings with representatives of Naegele Outdoor Advertising, as
enumerated in Council Letter No. 23:
1. All references to "billboards" have been changed to "outdoor advertising
displays";
Council Meeting Minutes -7- January 10, 1983
10. Ordinance Amendment Relating to MR-3 Zoning. Second Reading.
City Manager Nollenberger presented an ordinance amendment establishing the
- boundaries for the M'R-3 Multiple Residence zoning district, developments containing
18 or more units.
Motion by Hassenstab, seconded by Ludeman to close the hearing.
All ayes - Carried.
Bill 1982-45, tOAn Amendment to Appendix C of the Ordinance 'Code of the City
of Richfield, Mixua:esota", defining the boundaries of the various zoning districts
of the city enumerated in Chapter III, Part IV, Section 3.28, was read and reviewed
by City Attorney Clayton LeFevere, the same•being on file in the office of the city
clerk (C-170).
Motion by Hassenstab, seconded by Ludeman that this constitute a second reading
of Bill 1982-45; 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, Priebe, Hamilton. Nays -
None. Carried.
11. Ordinance Amendment to the Personnel Ordinance, Relating to Personal Leave.
Second Reading.
City Manager Nollenberger presented an amendment to the personnel ordinance
which would provide for the accumulation of personal leave for General Service
employees for city council second reading consideration.
Motion by Hassenstab, seconded by Bunce to close the hearing.
All ayes - Carried.
Bill 1982-46, "An Amendment to .Section 2.33 of the Ordinance Code of the City
of Richfield", relating to terms of employment of certain city employees, was read
and reviewed by City Attorney Clayton LeFevere, the same being on file in the office
of the city clerk. (C-171)
Council Meeting Minutes -8- January 10, 1983
Motion by Kirsch, seconded by Ludeman that .this constitute a second reading
of Bill 1982-46; that it be published in the official newspaper and that it be
made a part of these minutes. a
Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Priebe, Hamilton. Nays -
None. Carried.
12. Ordinance Amendment to the Cable Television Franchise to Provide for Administrative
Variances in Certain Instances
City Manager Nollenberger advised the council that, since this ordinance had
been given first reading consideration in November, 1982, some cities in the South-
west Suburban Cable Commission have expressed concern with some of the language in
the document and have requested that the matter be given further study. He recommended
that the council defeat the ordinance at this time with the knowledge that it will be
returned.
Bill 1982-41, "An Ordinance to Amend the Cable Television Franchise Ordinance
Providing for Ac~inistrative Variance in Certain Instances and Describing Findings
Required; Adding New Article XV to Ordinance No. 1980-33", was read and reviewed
by City Attorney Clayton LeFevere, the same being on file in the office of the city
clerk. (C-165)
Motion by Hassenstab, seconded by Ludeman to deny this ordinance amendment.
Poll of votes: Ayes - Bunce Hassenstab, Kirsch, Ludeman, Priebe, Hamilton. Nays -
None. Carried.
13. Ordinance Amendment Relatin to Council Salaries. Second Reading.
City Manager Nollenberger presented an ordinance amendment relating to compensation
of mayor and council members for city council second reading consideration. .
Mayor Hamilton spoke against salary increases during these times of an uncertain
economy.
Motion by Hassenstab, seconded by Ludeman to close the hearing.
All ayes - Carried.
Council Meeting Minutes -9- January 10, 1983
Bi11 1982-44, "An Amendment to Chapter XII Section 12.02 of the Richfield
Ordinance Code Relating to Compensation of Mayor and Council Members", was read
and reviewed by City Attorney Clayton LeFevere, the same being on file in the office
of the city clerk. {C-169)
Motion by Ludeman, seconded by Hassenstab to deny second reading of this
ordinance amendment.
Po11 of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Priebe, Hamilton. Nays -
None. Carried,
14. Ordinance Amendment Relating to Arcade Licensing. First Reading.
City Manager Nollenberger presented an ordinance amendment relating to arcade
licensing for city council first reading consideration. He said the public safety
department had reviewed the current arcade licensing ordinance and had indicated a
need to specify more clearly the qualifications of the machine owners and the license
holder and that this amendment would neet that requirement.
Bill 1982-1, "An Amendment to Chapter V, Part II, Sections 5.17 and 5.18 of
the Ordinance Code of the City of Richfield", relating to the licensing and regulating
of arcades, was read and reviewed by City Attorney Clayton LeFevere, the same being
on file in the office of the city clerk. {C-174)
Motion by Bunce, seconded by Ludeman that this constitute a first reading of
Bill 1983-1; that it be published in the official newspaper and that second reading
of this ordinance amendment be scheduled for January 24, 1983.
Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Priebe, Hamilton. Nays -
None.'- Carried.
15. Resolution Relatine to Purchasing Practices in the City of Richfield
City Manager Nollenberger presented a resolution for city council approval
providing for all purchases in excess of $2,650, but less than $5,000 to be placed on
the council agenda. Previously, the practice had been for purchases in excess of
Council Meeting Minutes -10- January 10, 1983
$2,500 be placed on the agenda. The city managed said this change had been made to
reflect the Consumer Price Index 5.5% cost of living increase.
Motion by Hassenstab, 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. 6711
RESOLUTION RELATING TO PURCHASING
PRACTICES IN THE CITY OF RICHFIELD
Poll of votes: Ayea - Bunce, Hassenstab, Kirsch, Priebe, Hamilton. Nays - Ludeman.
Carried. This resolution appears as Resolution No. 6711 in Resolution Book No. 49.
Council Member Ludeman said he likes to see those items brought before the
city council.
16. Proposed State and Federal Legislative Policies
City Manager Nollenberger reviewed the city's position on the following
Legislative policies being considered by the State Legislature:
LEGISLATIVE POSITION STATEMENTS
1. Open Meeting Law
2. Payment of Bonuses to City Employees
3. Liquor Issues
4. Industrial Revenue Bonds
5. Relief Association Member Lobbying
6. PERA Benefits, Financing and Administration
7. Workers' Compensation
8. Day Labor Restrictions
9. Minnesota Public Employee Labor Relations Act
10. Certain Amendments to State Fire Codes
11. Campaign Financing and Disclosure
12. Funding of Storm Sewer Improvements
Council Meeting Minutes -11- January 10, 1983
13. Sma11 Business Development Financing
14. Tax Increment Financing
15. Levy Limits
16. Adequate Funding for Local Government Aid
17. Alternative Revenue Sources
18. Energy Conservation
FEDERAL LEGISLATIVE POSITION STATEMENTS
1. Community Development Block Grants
2. Labor Legislation
3. General Revenue Sharing
4. Municipal Bonds
5. Cable Television
Mr. Nollenberger suggested that the council select the following five issues
as the ones of mayor importance:
1. Adequate Funding for Local Government Aid
2. Levy Limits
3. Alternate Revenue Sources
4. Open Meetings
5. Day Labor Restrictions
Motion by Ludeman, seconded by Bunce to approve all statements except Number
18, "Energy Conservation", and convey to the Legislature the council's selection
of the five issues listed above as those items being of mayor importance.
All ayes - Carried.
Sid Sanford, 7000 Portland, requested the position statement on Energy Conservation
be referred to the Energy Commission for clarification since it had not been considered by
them before.
Council Meeting Minutes -12- January 10, 1983
Motion by Priebe, seconded by Bunce to approve the suggested position statement
on Energy Conservation.
Poll of votes: Ayes - Bunce, Priebe, Hamilton. Nays - Hassenstab, Ludeman, Kirsch.
Motion failed.
Motion by Hassenstab, seconded by Kirsch to refer No. 18, "Energy Conservation" ,
back to the Energy Commission.
Ali ayes - Carried.
17. Appointment to the Housing and Redevelopment Authorit
Mayor Hamilton presented the name of Vern Luettinger to fill the vacancy on
the Housing and Redevelopment Authority which was created by Michael Freeman`s
resignation after he was elected to the Minnesota State Senate. This term will
expire in October, 1985.
Motion by Hassenstab, seconded by Ludeman to appoint Vern Luettinger to the
office of commissioner of the HRA to complete a term expiring October, 1985.
All ayes - Carried.
18. Consideration of Sala for City Manager
Mayor Hamilton led the discussion of compensation for the city manager for 1983.
He indicated that it was recommended that a 3 percent salary increase, plus additional
reimbursement for membQrship5 'be given.
Motion by Hamilton, 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. 6713
RESOLUTION AMENDING THE LETTER OF
UNDERSTANDING BETWEEN THE CITY OF
RICHFIELD AND KARL NOLLEIVBERGER, CITY MANAGER
Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Priebe, Hamilton. Nays -
None. Carried. This resolution appears as Resolution No. 6713 in Resolution Book
No. 49.
Council Meeting Minutes -13- January 10, 1983
19. Council Choice
Council Member Priebe spoke of cooperation between the city and the school
district in terms of providing playground equipment.
20. Consent Calendar '
Motion by Ludeman, seconded by Bunce that the following items be approved:
A. Tabulation of Bids, Approval of Minutes and.Award of Contract for Traffic
Sien.al. 76th Street and Lvndale Avenue
RESOLUTION N0. 6712
RESOLUTION ACCEPTING BID AND AWARD OF CONTRACT
FOR 76TH STREET AND LYNDALE AVENUE
• TRAFFIC SIGNALS - CP 773
B. .Approval of Purchases in Excess of $2,500
Vehicles
Approve the purchase of two 3/4 ton pick-up trucks with plows at a total price
of $20,428, from Iten Chevrolet
Electronic Cash Register
Approve the purchase of an electronic cash register for the city clerk division
from Minnesota Cash Register in the amount of $4,285.
C. Tabulation of Bids, Approval of Minutes and Award of Contract for Purchase
of Range Equipment for Public Safety Department
Accept bid of Caswell Equipment for three shooting stalls, three target carrier
systems and one target programming control system, installed, in the amount of $16,600.
D. Tabulation of Bids, Approval of Minutes and Award of Contract for Chemicals
for Water Treatment Plant
Accept the bid and award contracts as follows:
1. Quick Lime, $71.35/ton - Cutler-Magner
2. Liquid Aluminum Sulfate, $133/5on - Hawkins Chemical
3. Liquid Anhydrous Ammonia, $.2895/pound - Van Waters & Rogers
4. Hydrofloursilic Acid, $.88/gallon - Jones Chemical
Council Meeting Minutes -14- January 10, 1983
5. Sodium Tripoly Phosphate, $.449/pound = Van Waters & Rogers
6. Chlorine, $.109/pound - Jones Chemical
E. Ordinance Amendment Relating to Placement of Relatives, First Reading
Bill 1983-2
AMENDMENT TO SECTION 2.31 OF
THE ORDINANCE CODE OF THE
CITY OF RICHFIELD
All ayes - Carried.
21. G~.aims and Payrolls
Motion by Hassenstab, seconded by Ludeman that the following claims and
payrolls be approved:
RICHFIELD BANK & TRUST
Checks 3354/61752 General $ 664,501.01
Checks 20/333 Payroll 203,461.15
SUMMIT STATE BANK
Checks 64942/64965 $2,436,854.43
All ayes - Carried.
22. Adjournment '
Motion by Hassenstab, seconded by Ludeman that the meeting adjourn.
All ayes - Carried. Time: 10:15 p.m.
Date Approved: January 24, 1983
Sy a K. Berg ty Clerk
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Karl Nollenberger City Manager