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02-14-1983CITY OF RICHFIELD REGULAR CITY COUNCIL MEETING February 14, 1983 The City Council of the City of Richfield met in regular session in the council chambers of the city hall on Monday, February 14, 1983. Mayor John Hamilton called the meeting to order at 7:07 p.m. Present: Bunce, Hassenstab, Kirsch, Ludeman, Priebe, Hamilton The Debutante Color Guard from Fred Babcock VFW Post presented the colors and led in the Pledge of Allegiance. Rev. Thomas Walker, Pastor of Richfield Methodist Church, presented the invocation. 1. Approval of Minutes of Regular Meeting. of Januar 24 1983 Council Member Priebe requested that the minutes be corrected on the top of page 10. He said that he did not request that payment of the check to the Chamber of be withheld; he simply asked a question about the recipients. The city manager said a whole line had been left out;. "The city attorney said it. could be constria.ed as~ compensation and he wanted a chance to examine it.!' Motion by Ludeman, seconded by Kirsch to amend the January 24, 1983 minutes as follows: "Council Member Priebe questioned the payment of two memberships to the Richfield Chamber of Commerce. The city attorney said it could be construed as compensation and he wanted a chance to examine it." Motion by Ludeman, seconded by Kirsch to approve the minutes of the January 24, 1983 meeting as amended. All ayes - Carried. 2. Presentation by Executive Director, The Storefront/Youth Action -Inc. Mr. Steve Lipinski, Executive Director of the Storefront/Youth Action, Inc., spoke about the work of the Storefront with youth in the South Hennepin area. He told about the merit of Project Charlie and said the organization has good community Council Meeting Minutes -2- February 14, 1983 support and has not had to cut back any services. Council Members Hassenstab, Ludeman and Kirsch all expressed praise for the work of the Storefront. Mr. Bob Lindgren, liaison to the city council from the school board, 6339 12th Avenue, thanked Mr. Lipinski on behalf of the school board and the school district. 3. Community Theatre Presentation Members from the cast of "A Funny Thing Happened on the Way to the Forum" presented two numbers from the musical which will be presented March 2, 3, 4, 5 and 6 at Richfield High School auditorium. 4. Certificate of Conformance in Financial Reporting Award City Manager Nollenberger advised that the city had been awarded a Certificate of Conformance in Financial Reporting by the Municipal Finance Officers Association of the United States (MFOA) for its Comprehensive Annual Financial Report. He said that 1•ess than~one percent of communities receive this award nationally. Mayor Hamilton presented a certificate to Finance Coordinator Jean Mitchell and said this award was richly deserved, 5. Opportunity for Citizens to Address the City Council Mr. Paul Chellsen, 7701 Morgan, talked-about the nuclear arms freeze movement and attempted to get additional signatures for his petition from council members. 6, Council Approval of .Agenda Council Member Ludeman requested that 16E, "Ordering Preliminary Engineering Report for 1983 Sidewalk Project'', be removed from the Consent Calendar. Motion by Bunce, seconded by Hassenstab to approve the agenda with the removal of 16E from the Consent Calendar. All ayes - Carried. Council Meeting Minutes -3- February 14, 1983 7. Application .for Arcade Establishment, 7744 Morgan Avenue City Manager Nollenberger reviewed the application for the establishment of an arcade in the Viking Shopping Center at 7744 Morgan Avenue, under the name of Silver Ba11 Too, Ltd. Mr. Joshua Aaron, 7720 Cedar Lake Road, St. Louis Park, the applicant, appeared in support of his request. He said he did not have his machine numbers because he was only recently notified of this hearing. He referred to a letter he had written to Investigator Bill Hollick, stating his arcades are well run. Lois Lovdal, 7644 Newton, spoke against the arcade. She said it causes much confusion. Sandra Engen, 7621 Morgan, also appeared in opposition to this operation. She said that the suggested location would be in a heavy business area and that arcades are not part of a family environment. Mayor Hamilton said he was concerned about the effect of such an establishment on residential areas in Richfield; that it would place an extra burden on our police department; and that Richfield offers a multitude of recreational activities for young persons. Agent Bill Hollick reported on his investigations of other facilities Mr. Aaron owns at the University, Hennepin Avenue and in St. Louis Park. He noted they were moderately busy at lunch .time and during the daytime hours. Letters received in opposition to this application were from Loren L. Law and Associates, Inc., Lindahl Oldsmobile and Rentale Equipment & Sales (C-179}. They expressed concern over the traffic congestion, parking needs and loiter-ing that can occur around such an establishment. Motion by Ludeman, seconded by Bunce to close the hearing. AlI ayes - Carried. Council Meeting Minutes -4- February 14, 1983 Motion by Ludeman, seconded by Kirsch to deny this application for an arcade license. Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Hamilton. Nays - Priebe. Carried. 8. Ordinance Amendment Relating to Bingo and Gambling Second Reading. City Manager Nollenberger reviewed the ordinance amendment relating to bingo and gambling which will both bring the city code into conformance with the state statutes relating to compensation and total prize money and establish limits for gambling activities. Mr. George Ashwood, 6505 12th Avenue, gambling manager for the American Legion Post, commented on the hours listed on the proposed ordinance. He suggested that gamblers be allowed in any day of the week. Motion by Bunce, seconded by Hassenstab to amend the ordinance. All ayes - Carried. -- - - The council discussed the reference to "Monday through Saturday of each week" in the Tipboard and Pull-Tabs portion of the ordinance and agreed to delete that portion. Motion by Ludeman, seconded by Kirsch to close the hearing. All ayes - Carried. Bi11 1983-3, "Amendment to Chapter V, Part II, Section 5.19 of the Ordinance Code of the City of Richfield", was read and reviewed by City Attorney Clayton LeFevere, the same being on file in the office of the city clerk, (C-176) Motion by Bunce, seconded by Hassenstab that this constitute a second reading of Bill 1983-3, as amended; that it be published in the official newspaper and that it be made a part of these minutes. Po11 of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Priebe, Hamilton. Nays - None. Carried. Council Meeting Minutes -5- February 14, 1983 9. Ordinance Amendment Relating to Outdoor Advertising Display Regulations. Second Reading. City Manager Nollenberger presented an ordinance amendment entitled "Signs and Billboards" for city council second reading consideration. He reviewed the eight major changes that have been made to this ordinance since it was given first reading on November 22, 1982, as listed in Council Letter No. 42. He said this is a more stringent ordinance than we have had in the past. Lawrence Wozniczka, 6744 Wentworth., asked for clarification on the 300 foot setback from residential properties. The city manager-said it referred to the face of a sign, if it exceeds 27 feet in height. Mr. Wozniczka said he would like to see stricter regulations put into ordinances in relation to human error, as in the instance of the staff allowing erection of the sign on Lund's property in error. Gity Attorney LeFevere cited the remedy of injunction as it relates to zoning violations. Council Member Priebe read a letter from Gordon A. Anderson, 7501 Elliot, relating to the proposed ordinance amendment and the proliferation of large billboard signs in Minneapolis and St. Paul. Motion by Hassenstab, seconded by Kirsch to close the hearing. All ayes - Carried. Motion by Ludeman, seconded by Bunce to make the following amendments to the revised ordinance: " Subd. 8. (1) --10 days notice mailed to the owners and occupants of alI properties-- Failure to comply with this notice requirement, however, shall not invalidate the proceeding:' " Subd. 8. (4)(a) i) The rebuilding of an outdoor advertising display which sustains damage, the repair of which in the opinion of the building inspector will cost less than 50% of the replacement cost of the physical structure prior to damage." Council Meeting Minutes -6- February 14, 1983 All ayes - Carried. Bill 1983-5, "Amendment to Chapter III, Part V, of the Ordinance Code of the City of Richfield, Minnesota", was read and reviewed by City Attorney Clayton LeFevere, the same being on file in the office of the city clerk. (C-168) Motion by Ludeman, seconded by Bunce that this constitute a second reading of BiII 1983-5, 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, Ludeman,K~~L, Hamilton. Nays - Priebe (corrected at 2/28/83 meeting) ~~ Carried. 10. Transitory .Ordinance Providing for Certain Capital Improvements Second Reading. City Manager Nollenberger presented a transitory ordinance providing for appropriation of monies from the Special Revenue Fund for capital improvement projects in the amount of $246,000 for city council second reading consideration. Motion by Hassenstab, seconded by Ludeman to close the hearing. All ayes - Carried. Bill 1983-4, Transitory Ordinance No. 17.05, "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-177) Motion by Hassenstab, seconded by Ludeman that this constitute a second reading of Bill 1983-4; 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. Request for Variance to the Sideyard Setback Requirement to Construct an Addition, 6612 Knox Avenue City Manager Nollenberger advised that the applicant, Mr. Timothy D. Lindgren, Council Meeting Minutes -7- February 14, 1983 had submitted a request that this item be deferred to February 28. Motion by Hassenstab, seconded by Bunce to approve deferral of this item to the February 28, 1983 city council meeting. All ayes - Carried. 12. Request for Release of Off-Street Parking Bond and Amendment to Off-Street Parking Permit Requirements, 7344 Cedar Avenue City Manager Nollenberger introduced City Planner Rick Jopke who presented the request of Bolt Electric, Inc. for release of off-street parking performance bond at 7344 Cedar Avenue. He said two exceptions to the requested improvements existed, the installation of fences along the north and south property lines and screening, however, the applicant was requesting release of the off-street parking performance bond without the building of fences. 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. 6717 RESOLUTION RELATING TO RELEASE OF BOND ON OFF-STREET PARKING Bolt Electric, Inc. 7344 Cedar Avenue Use: Electrical Contracting Service Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Priebe, Hamilton. Nays - None. Carried. This resolution appears as Resolution No. 6717 in Resolution Book No. 49. 13. Consideration of Expiration Dates and Changes in Make-up of Advisory Commissions City Manager Nollenberger reviewed the expiration dates of the various advisory commission terms so that council appointments could be made at the same time, as outlined in Council Let-ter No. 47. Lia Ozols, 2012 W. 68th Street, a member of the Advisory Board of Health, said it is easier to get a quorum with 12 people, and a large group would get more work done. Council Meeting Minutes -8- February 14, 1983 Mike Sandahl, 7601 Bryant, spoke on behalf of the Community Services Advisory Commission, whose membership comprises two youth members. He said it has been increasingly difficult to recruit youth members and asked that the council declare one youth position now held vacant and recruit an adult for this vacancy. Motion by Kirsch, 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. 6718 RESOLUTION AMENDING RESOLUTION 6565 WHICH ESTABLISHED A COMMUNITY SERVICES ADVISORY COMMISSION Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Priebe, Hamilton. Nays - None. Carried. This resolution appears as Resolution No. 6718 in Resolution Book No. 49. Motion by Kirsch, seconded by Hassenstab to declare the position now held by Mark Rundquest to be vacant; that the vacancy be filled by an adult; and that the person appointed to fill this vacancy serve an unexpired term to expire in January, 1985. All ayes - Carried. 14. Resolution Relating to Adoption of 1984-1988 Capital Improvement Program Motion by Hassenstab, seconded by Kirsch to defer adoption of this resolution to the second meeting in March, 1983. A11 ayes - Carried. 15. Resolution Establishine "Student Government Davs" Mayor Hamilton explained a new program that will be enacted this year establishing "Students in Government Days " which he hopes will become an annual event. Students will assume the role of local government officials during a two Council Meeting Minutes -9- February 14, 1983 week period of Aprii II - 22. The students will conduct the April 11 city council meeting. 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 N0. 6719 RESOLUTION ESTABLISHING "STUDENTS IN GOVERNMENT DAYS" IN THE CITY OF RICHFIELD Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Priebe, Hamilton. Nays - None. Carried. This resolution appears as Resolution No. 6719 in Resolution Book No. 49. 16. Council Choice Council Member Bunce advised the council of the possible formation of a Richfield Community Banda A meeting will be held on March 7 to discuss it and a report given to the city council. Council Member Hassenstab raised questions about the process of snow removal. 17. Ordering Preliminary Engineering Report for 1983 Sidewalk Project Council Member Ludeman questioned the installation of more sidewalks when there is difficulty` with costs of equipment and manpower to maintain them. He asked how many pieces of equipment were available for sidewalk plowing. The city manager responded that the city had two units for sidewalk plowing. Discussion ensued. 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. 6720 RESOLUTION ORDERING PREPARATION OF PRELIMINARY REPORT FOR 1983 SIDEWALK CONSTRUCTION CP 782 Council Meeting Minutes -10- February 14, 1983 Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Priebe, Hamilton. Nays - None. Carried. This resolution appears as Resolution No. 6720 in Resolution Book No. 49. 18. Consent Calendar Motion by Hassenstab, seconded by Bunce that the following items be approved: A. Minutes, Tabulation of Bids and Award of Contract, Street Flusher Tank Authorize purchase of a street flusher tank from Ruffridge-Johnson Equipment Co., Inc. in the amount of $23,539. B. Purchases in Excess of $2,650 Light Bulbs - Authorize the purchase of 700 light bulbs at a cost of $4.15 each, and 20 two-way refractors at a price of $18.00 from Sterling Electric Company for a total purchase price of $3,265. C. D. Release of Performance Bond for Summit Bank, 6500 Nicollet Authorize release of $1fl,000 certificate of deposit/performance bond. Ordinance Amendment Relating to Allowing Entry Addition Within Front and Setback Areas Bill 1983-6, AMENDMENT TO SECTIONS 3.30 SUBDIVISION 5 AND 3.30A SUBDIVISION 5 TO ALLOW ENTRY ADDITIONS WITHIN THE REQUIRED FRONT YARD SETBACK AREA E. Ordering Preliminary Report for 1983 Alle Paving Pro'ect RESOLUTION N0. 6722 RESOLUTION ORDERING PRELIMINARY REPORT ON PROPOSED ALLEY PAVING, CP 786 F. Approval of Tax Forfeited Land Sale RESOLUTION N0. 6723 G. RESOLUTION FINDING THAT LAND DISPOSITION HAS NO RELATIONSHIP TO THE COMPREHENSIVE PLAN AND AUTHORIZING SAID DISPOSITION Payments Final Payment - The Bussee Company, Water Plant Roof Replacement - $11,797.80 [] i~ Council Meeting Minutes H. Licenses Mobil Oil, 2816 W. 66th Street Royal Car Wash, 901 W. 77 1/2 Street Tip Top Car Wash, 6601 Bloomington All ayes - Carried. 19. Claims and Payrolls -11- February 14, 1983 Car Wash Car Wash Car Wash Motion by Hassenstab, seconded by Bunce that the following claims and payrolls be approved: RICHFIELD BANK & TRUST Checks 3419/62364 $ 210,031.09 SUMMIT STATE BANK Checks 65011/65062 General $2,190,340.83 Checks 1058/1406 Payroll 214,493.31 All ayes - Carried. - 20. Adjournment Motion by Hassenstab, seconded by Hamilton that the meeting adjourn. All ayes - Carried. Time: 10:00 p.m. _ „ ;'~~ Date Approved: February 28, 1983 Sy is K. Bergh City Clerk ohn Ha~ii'Y~dri ~ Mayor t9~~Xa Karl Nollenberger City Manager -- 1