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03-28-1983CITY OF RICHFIELD REGULAR CITY COUNCIL MEETING March 28, 1983 The city council of the City of Richfield met in regular session in the council chambers of the city hall on Monday, March 28, 1983 at 7:00 p.m. The meeting was called to order by Mayor John Hamilton at 7:09 p.m. Present: Bunce, Hassenstab, Kirsch, Ludeman, Priebe, Hamilton Sparton Hi-4H Club presented the colors and led in the recitation of the Pledge of Allegiance. 1. AUproval of Minutes of Regular Meeting, of March 14, 1983 Motion by Hassenstab, seconded by Bunce to approve the minutes of the regular city council meeting of 1Karch 14, 1983. All ayes - Carried. 2. Council Approval_of Agenda Council Member Ludeman requested addition of a discussion item on snow plowing and communication. Motion by Kirsch, seconded by Hassenstab to approve the agenda as amended. A11 ayes - Carried. 3. Renewal Application for On-Sale Wine License, Pontillo's Pizzeria, 2312 W. 66th City Manager Nollenberger reviewed the application of Pontillo's Pizzeria for renewal of their on~saie wine license. He indicated all 1982 taxes are current and the public safety department had only two requests for assistance in the past year. He recommended approval of this license renewal, Motion by Hassenstab, seconded by Kirsch to close the hearing. All ayes - Carried. The manager of the establishment was present in support of their application, Motion by Hassenstab, seconded by Bunce to approve renewal of an on-sale wine license for Pontillo's Pizzeria. All ayes - Carried. Council Meeting Minutes -2- March 28, 1983 4. Renewal Application for On-Sale Wine License, Shakey's Pizza Parlor, S00 East 78th Street City Manager Nollenberger reviewed the application of Shakey's Pizza Parlor for renewal of an on-sale wine license. He indicated all necessary taxes are current and recommended approval of this renewal application. Managers Bob Waldron and Mike Berndt were present in support of their application. Public Safety Director Tom Morgan outlined specifics of public safety calls during the past year. Motion by Hassenstab, seconded by Kirsch to close the hearing. All ayes - Carried. Motion by Bunce, seconded by Hassenstab to approve renewal of an on-sale wine license for Shakey's Pizza Parlor. All ayes Carried. 5. Renewal Application .for On-Sale Wine License, Prest Motor Inns City Manager Nollenberger reviewed the application of Prest Motor Inns, (The Inn), for renewal of an on-sale wine license. He indicated applicable taxes are current and recommended approval of this renewal application. Motion by Kirsch, seconded by Ludeman to close the hearing. All ayes - Carried. Motion by Bunce, seconded by Kirsch to advise the applicant that this application shall be deferred until the manager or owner appears before the council. All ayes - Carried. 6. Renewal Application for On-Sale Wine License, Miller's Fireside Pizza, Inc. 6736 Penn Avenue City Manager Nollenberger reviewed the application of Miller's Fireside Pizza, Inc. for renewal of their on-sale wine license. He indicated all financial affairs were in order and recommended renewal of this license. Council Meeting Minutes -3- March 28, 1983 Motion by Hassenstab, seconded by Kirsch to close the hearing. All ayes - Carried. Motion by Hassenstab, seconded by Kirsch to approve renewal of an on-sale wine license for Miller's Pizza, Inc. All ayes - Carried. 7. Public Hearing, Sidewalk ImArovement Project, 1983 City Manager Nollenberger opened the public hearing providing for the 1983 sidewalk project covering improvements at the following locations: STREET SIDE FROM TO 1. Lyndale Avenue West 74th Street 76th Street 2. 73rd Street North Portland Avenue 12th Avenue 3. Diagonal Blvd. North 12th Avenue Cedar Avenue 4. 65th Street North Penn Avenue Russell Avenue 5. 65th Street South Upton Avenue Xerxes Avenue 6. Xerxes Avenue East 62nd Street 65th Street 7. Rae Drive West 65th Street 66th Street 8. Vincent Avenue East 65th Street I 350' South 9. 78th Street North 12th Avenue +- 250' West 10. 78th Street North 12th Avenue 13th Avenue 11. 78th Street North 14th Avenue Cedar Avenue 12. Bloomington Ave. East 75th Street 76th Street 13. 77th Street South Nicollet Avenue +- 130' West 14. 18th Avenue West 70th Street Diagonal Blvd. 15. 76th Street South Xerxes Avenue Sheridan Avenue 16. 70th Street North Xerxes Avenue Humbldt Avenue City Engineer Michael Eastling explained the funding for the project which will come from special assesment bonds and Municipal State Aid funds. Mr. Eastling read a letter from Mrs. Beverly Schmidt, 1544 Fern Drive, (C-186) stating her opposition to this project. Mayor Hamilton opened the hearing for audience participation. He listed each proposed installation by number and requested those residents affected by the proposed project to express their views. No. 2 - 73rd Street North - Portland Avenue - 12th Avenue Michelle Fugay, 7245 11th Avenue, said she was opposed to this sidewalk and that Council Meeting Minutes -4- she might need a retaining wall if a sidewalk is installed. that are now in have not been plowed all winter. March 28, 1983 She also said sidewalks Also speaking in opposition to the project were the following individuals: Lawrence Hagen, 7244 Oakland Warren Holcumb, 7245 Oakland Cyril Burris, 7244 Park Avenue Ione Booth, 7244 Chicago Avenue Davis Marlet, 7244 10th Avenue Dave Vetters, 7245 Columbus Avenue A representative from Bethany Church, 7121 Bloomington Mayor Hamilton read a letter from Irene E. Pierzina, 7245 Elliot (C-187) in opposition to the project. Fred Smith, 7244 Elliott, read a letter from his neighbor, Robert E. Johnson, 7245 Chicago, (C-188) expressing opposition to the project. No. 3 - Diagonal Blvd. North - 12th Avenue - Cedar Avenue Aavid Endrizzi, 7244 11th Avenue, and Al Rusvou, 7045 16th Avenue, both said they were opposed to this sidewalk installation. Anne Peterson, 7044 16th Avenue, asked if she would be able to keep an ash tree that is close to the curb. The city engineer said he thought she could. No. 6 - Xerxes Avenue East - 62nd Street - 65th Street Wanda Scholia, 6241 Xerxes, expressed support for a sidewalk if it would be placed next to the curb., not at least 2 feet away. Dave Wold, 6223 Xerxes, spoke in favor of a sidewalk and read a letter from Richard Ziemer, 6229 Xerxes, (C-189) also expressing support for a sidewalk. No._11 - 78th Street North - 14th Avenue - Cedar Avenue Oley Walley, 1420 E. 78th Street, owner of Mr. Steak Restaurant, asked for a pedestrian count, as he has only seen one person a day walk past the establishment. Pete Runovich, 1400 E. 78th Street, owner of Rent-A-C.ar and a car wash business, also said there is very little pedestrian traffic in the area and that he was opposed to a sidewalk. Council Meeting Minutes -5- March 28, 1983 No 12 - Bloomington Avenue East - 75th Street - 76th Street Bill Young, 7545 Bloomington, appeared and spoke against the sidewalk installation. No. 15 - 76th Street South - Xerxes Avenue - Sheridan Avenue David Putrich, 7601 Thomas, asked questions regarding actual and estimated costs, expressed concern for traffic, snow storage, and expressed his opposition to the sidewalk. Barb Thornburg, 2921 W. 76th Street, spoke in favor of a sidewalk and said 76th Street was a very dangerous street. No. 16 - 70th Street North - Xerxes Avenue - Humboldt Avenue Tom Sinclair, 6945 Logan Avenue, presented a petition containing 27 signatures in opposition to this portion of sidewalk construction. (C-190) John Metil, 6944 Morgan, said there was not enough traffic on this street to warrant a sidewalk. William Snowden, 6945 Newton, said he was against a sidewalk. Also expressing opposition to the project were the following: Greg Vinge, 6945 Vincent Walt Jungers, 6940 Vincent P. M. George, 2909 W. 70th Street Motion by Hassenstab, seconded by Bunce to close the hearing. All ayes - Carried. Motion by Bunce, seconded by Hamilton to delete No. 2 on the resolution. Po11 of votes: Ayes - Bunce, Hamilton. Nays - Hassenstab, Kirsch, Ludeman, Priebe. Motion failed. Council Member Priebe suggested that the council should examine the present sidewalk policy, and ascertain their commitment to it; that it called for side- walks on both sides of arterial streets and one side of collector streets. He said there was opposition to a sidewalk in his neighborhood ten to twelve years ago, but Council Meeting Minutes -6- March 28, 198 residents became supportive of these same sidwalks after installation. Mayor Hamilton said he does not wish to force sidewalks upon the citizens; that if people do not want them they shouldn't have them. Council Member Bunce- wondered why sidewalks couldn't be handled the same as alleys with petitions for new construction. The city manager pointed out the differences between alleys and sidewalks; alleys virtually benefit property owners only, however, sidewalks benefit the general community and the immediate neighbors. Motion by Bunce, to delete No. 3 in the resolution. Motion died for lack of a second. Motion by Kirsch, seconded by Bunce to delete No. 10 in the resolution. Po11 of votes: Ayes - Bunce, Kirsch. Nays - Hamilton, Hassenstab, Ludeman, Priebe. Motion failed. Motion by Kirsch, seconded by Bunce to delete No. 11 in the resolution. Poll of votes: Ayes - Kirsch, Bunce. Nays - Hamilton, Hassenstab, Priebe, Ludeman. Motion failed. Motion by Bunce, seconded by Hamilton to delete No. 16 in the resolution (70th Street north, Xerxes to Humboldt). All ayes -Carried. Motion by Bunce, seconded by Hassenstab to delete No. 15 in the resolution. Poll of votes: Ayes - Bunce. Nays - Hamilton, ~~~, Kirsch, Ludeman, Priebe. Hassenstab Motion failed. Motion by Ludeman, seconded by Priebe that the following resolution be adopted, as amended;- that it be spread in the resolution book and that it be made a part of these minutes: Council Meeting Minutes -7- March 28, 1983 RESOLUTION N0. 6739 RESOLUTION ORDERING 1983 SIDEWALK CONSTRUCTION C.P. 782 AND PREPARATION OF PLANS Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Priebe, Hamilton. Nays - Carried. This resolution appears as Resolution No. 6739 in Resolution Book No. 49. Council adjourned at 9:00 p.m. for recess and reconvened at 9:10 p.m. _ Mayor Hamilton said Mr. John Prest, manager of The Inn, had arrived and he asked that the council reconsider the application for their wine license renewal. 8. Renewal A plication for On-Sale Wine License, Prest Motor Inns Motion by Bunce, seconded by Kirsch to reconsider renewal of the on-sale wine license for Ptest Motor Inns. All ayes - Carried. Mr. Prest said they are good neighbors and-are conducting their business in the best manner possible. Motion by Hassenstab, seconded by Ludeman to close the hearing. All ayes - Carried. Motion by Hassenstab, seconded by Ludeman to approve the renewal of an on-sale wine license for Prest Motor inns. All ayes - Carried. 9. Public Hearing, Coaanunity Develo ment Block Grant,_Year_IX City Manager Nollenberger opened the continued hearing concerning Year IX Coumaunity Development Block Grant, and reviewed the contents of proposals as presented in Council Letter No. 108. Motion by Hassenstab, seconded by Ludeman to close the hearing. All ayes - Carried. Motion by Hassenstab, seconded by Ludeman to approve the proposed use of approximately $288,000 of Year IX Urban Hennepin County Community Development Block Council Meeting Minutes -8- Maxch 28, 1983 Grant funds as previously reviewed, and forward the suggestion for use of $110,000 submitted by Mr. John G. Steger, 7145 Logan, to the Advisory Board of Health. All ayes - Carried. 10, Ordinance Amendment Relating to Mobile/Manufactured Home Regulations. Second Read. City Manager Nollenberger presented an ordinance amendment providing for com- patibility of mobile homes with single family dwellings for city council second reading consideration. Sid Sanford, 7000 Portland, spoke against the inspection seal which is attached to manufactured homes. He said the seal's existence is not reasonable assurance that. inspections were made. The city manager indicated that there was nothing in the ordinance relating to inspection seals. Motion by Ludeman, seconded by Hassenstab to close the hearing. Ali ayes - Carried. Bill 1983-7, "An Ordinance Setting Performance Standards for Iwellings", was read and reviewed by City Attorney Clayton LeFevere, the same being on file in the office of the city clerk. (C-184) Motion by Hassenstab, seconded by Kirsch that this constitute a second reading of Bill 1983-7; 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 Relating to the Line Extension Policy of Minnesota Cablesystems - Southwest. Second Reading. City Manager Nollenberger reviewed the ordinance amendment relating to the line extension policy of Minnesota Cablesystems - Southwest, Motion by Hassenstab, seconded by Kirsch to continue this hearing to the April 25, 1983 city council meeting. All dyes - Carried. Council Meeting Minutes -9- March 28, 1983 12. Resolution Authorizing Sale of General Obligation Refunding. Bonds City Manager Nollenberger advised the city council that recent developments from the Department of the Treasury and the lower interest rate conditions now make it possible for the city to issue refunding bonds for our 1983 Redevelopment and Special Assessment bonds which would result in interest savings. He introduced representatives from Evensen-Dodge, the city's financial consultants, to apprise the council of these transactions. Wayne Burggraaff and Tom Peterson answered council questions and outlined "advance refunding" which could result in savings of interest costs due to the reduction in interest rates from 11+% to 8+% in the past year. Mr. Burggraaff described details of the refunding issue transaction which he said just became legal only three weeks ago. Motion by Ludeman, 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. 6740 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $4,960,000 GENERAL OBLIGATION REFUNDING BONDS OF 1983 CONSISTING OF $4,445,000 GENERAL OBLIGATION REDEVELOPMENT REFUNDING BONDS OF 1983 AND $50.5,000 GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS OF 1983 Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Priebe, Hamilton. Nays - None. Carried. This resolution appears as Resolution No. 6740 in Resolution Book No. 49. 13. Appointment to Hennepin County Planning•.Area Citizens Advisory Committee City Manager Nollenberger advised that, as part of the Community Development Block Grant program citizen requirements, Hennepin County set up a number of citizen advisory committees to review the program. This committee, called Planning Area Citizens Advisory Committees (PACAC), which consists of representatives from each community has been poorly attended in the past, and the city manager recommended that the council appoint a member to serve on the Hennepin County Planning Area 1 Council Meeting Minutes -10- March 28,- 1983 Citizens, Advisory Committee. Motion by Priebe, seconded by Hassenstab to request the mayor and city manager to prepare a list of candidates for the council's review at the next meeting on April 11, 1983. All ayes - Carried. 14. Community Band City Manager Nollenberger advised that it now appears that a community band may become a reality and that if the council wished to contribute financial assistance to the band, he recommended an annual contribution for three years, not to exceed $1,000, with the understanding that the band would become self-supporting after three years. He also said that the membership of the band must be made up entirely of Richfield residents or people who work in Richfield. Motion by Ludeman, seconded by Hassenstab to approve the support of a community band with an annual contribution. of $1,000. All ayes - Carried. 15. Council Choide Council Member Ludeman said he had received questions from residents about plowing during the last snow fall and he asked how people are notified regarding plowing. Community Services Director Don Fondrick replied that notices were communicated by several direct mailings, community brochures, posted signs and Cable TV. 16. Consent Calendar Motion by Ludeman, seconded by Hassenstab that the following items be approved: A. Fee Waived Raffle License - 4th of 3u1 Committee Approve fee waived license for raffle to be held in conjunction with a spaghetti dinner fund raiser on May 5, 1983. Council Meeting Minutes -11- B. Revocation of Harriet Avenue, 66th Street - 67th Street as a Aid Street RESOLUTION N0. 6741 RESOLUTION REVOKING HARRIET AVENUE, 66TH STREET TO 67TH STREET AS A MUNICIPAL STATE AID STREET C. Approval of Revised Off-Street Parking Permit, 501 W. 77th Street RESOLUTION N0. 673j'Y RESOLUTION APPROVING LAYOUT AND CONTRACT FOR OFF-STREET PARKING IN ACCORDANCE WITH APPLICATION N0. 83-4, Contract No. 2353 Donald Unteed Location: 501 W. 77th Street Use: Manufacturing D. Additional Sidewalk. Construction and Scheduling Public Hearing RESOLUTION N0. 6742 RESOLUTION ORDERING PREFARATION OF PRELIMINARY REPORT FOR ADDITION TO 1983 SIDEWALK CONSTRUCTION, CP 782 RESOLUTION N0. 6743 RESOLUTION RECEIVING PRELIMINARY REPORT AND CALLING OF A PUBLIC HEARING FOR ADDITION TO 1983 SIDEWALK CONSTRUCTION - C.P. 782 E. Additional Public Hearing for Addition to A11ey Project RESOLUTION N0. 6744 RESOLUTION CALLING FOR PUBLIC HEARING ON PROPOSED ALLEY PAVING ADDITION TO CITY PROJECT 786 (UPTON AND THOMAS AVENUE FROM 69TH TO 70TH STREET) F. Approval of Lab Richfield Firefighter of Richfield RESOLUTION N0. .6745 RESOLUTION APPROVING LABOR AGREEMENT BETWEEN. THE CITY OF RICHFIELD AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL .1215 BARGAINING UNIT FOR THE YEARS 1983 AND -1984 March 28, 1983 1 State Council Meeting Minutes -12- G. Award of Contract for Tilt Cab and Chassis Approve purchase in the amount of $23,448 from Superior Ford. H. Approval of Off-Street Parking Permit, 2901 West 66th Street RESOLUTION N0. 6738 RESOLUTION APPROVING LAYOUT AND CONTRACT FOR OFF-STREET FARKING IN ACCORDANCE WITH APPLICATION N0. 83-3, CONTRACT N0. 2352 Gerald Fingerman Location: 2901 W. 66th Street Use.: Cleaners/Laundromat I. Renewal of Off-Sale Beer License, Kenn 's Market 6708 Penn March 28, 198 Approve renewal of off-sale beer license for Kenny's Market, 6708 Penn Avenue. All ayes - Carried. I7. Claims and Pa rolls Motion by Hassenstab, seconded by Ludeman that the following claims and payrolls be approved: SUMMIT STATE BANK Checks 65107/65149 Regular $2,092,546.09 Checks 23240/23558 Payroll 220,138,23 RICHFIELD BANK & TRUST Checks 3535/63029 68b,337.28 All ayes - Carried. 18. Adjournment Motion by Hassenstab, seconded by Ludeman that the meeting adjourn. All ayes - Carried. Time: 10:30 p.m. Date Approved• April 11,.1983 / hn Hami Mayor Syly K. Bergh City Clerk Karl Nollenberger City Manager