04-11-1983
CITY OF RICHFIELD
REGULAR CITY COUNCIL MEETING
April 11, 1983
The city council of the City of Richfield met in regular session in the
council chambers of the city hall on Monday, April 11, 1983 at 8;00 p.m.
The meeting was called to order by Mayor John Hamilton at 8:05 p.m.
Present: Bunce, Hassenstab, Kirsch, Ludeman, Hamilton
Absent: Priebe
Brownie Troop 816 presented the colors.
1. A roval of Minutes of Regularly Scheduled Meeting of
Council Meeting of March 21, 1983
Motion by Hassenstab, seconded by Ludeman to approve the minutes of the
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special meeting of March 21, 1983.
All ayes - Carried. Absent - Priebe.
Council Member Hassenstab requested that his "nay" vote on page 6, ~k15,
be changed to "aye".
Motion by Hassenstab, seconded by Ludeman to approve the minutes of the
regular meeting of March 28, 1983, as amended.
All ayes - Carried. Absent - Priebe.
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Lowell Jungers, of Prior Lake, spoke about the upcoming soft ball season and
the city policy of beer drinking at Taft Park. He also .criticized the $100 deposit
2. 0 ortunit for Citizens to Address the City Council
for each team as being excessive.
3. Council Approval of Agenda
Motion by Bunce, seconded by Kirsch to approve the agenda as presented.
A11 ayes - Carried. Absent - Priebe.
4. Re uest for Variance to Erect a Free-Standin Cano 1120 East ?8th Street
City Manager Nollenberger presented the request of Phillips Petroleum
Company for a variance to erect a two column, free standing canopy on their gas.
Council Meeting Minutes -2- April 11, 1983
service station at 1120 East 7$th Street, as explained in Council Letter No. 115.
He reviewed the city manager's recommendation for approval and the planning
commission recommendation for denial of this variance.
Mr. William L. Martin, a representative of Phillips Petroleum Company,
a~~eared in support of his firm's request. He said they wish to update their service
stations in order to improve and expand their business in Richfield.
Motion by Hassenstab, seconded by Bunce to close the hearing.
ail ayes - Carried.
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. 6746
RESOLUTION APPROVING A VARIANCE TO
THE RICHFIELD CODE OF ORDINANCES
(1120 EAST 78TH STREET)
Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Hamilton. Nays - None.
Absent - Priebe. Carried. This resolution appears as Resolution No. 6746 in
Resolution Book No. 49.
5. Addition to 1983 Allev Improvement Proiect, Alle Between Upton and Thomas
Avenues, 69th to 70th Street
Mayor Hamilton opened the public hearing to consider the addition of the
alley between Upton and Thomas Avenues from 69th to 70th Streets to City Project
No. 786. No persons appeared before the council.
Motion by Hassenstab, seconded by Bunce to close the hearing.
All ayes - Carried. Absent - Priebe.
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:
_3_ April 11, 1983
Council Meeting Minutes
RESOLUTION N0. 6748
RESOLUTION ORDERING THE PAVING OF
ONE ADDITIONAL ALLEY AND PREPARATION OF PLANS
CI'T'Y PROJECT N0. 786
Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Hamilton. Nays None.
Absent - Priebe. Carried. This resolution appears as Resolution No. 6748 in
Resolution Book No. 49.
6. Re uest to Delete Sidewalk on 73rd Street„Be'wheAVenueland CedareAvenue
from 1983 Sidewalk Improvement rro~ec~
City Manager Nollenberger indicated council members had been receiving
objections from residents affected by installation of a sidewalk on 73rd Street
from Portland Avenue to 12th Avenue and Diagonal Boulevard from 12th Avenue to
Cedar Avenue, which was approved by the city council at the last council meeting
when the council adopted the 1983 sidewalk project. The city manager read a
letter submitted by Council Member Priebe (C-191) suggesting that a "no homeowner's
assessment" policy be adopted and that sidewalks be funded city-wide. The city
manager recoimaended that the council reaffirm the inclusion of sidewalks on 73rd
Street from Portland to 12th Avenue and Diagonal Boulevard from 12th Avenue to
Cedar in the 1983 sidewalk project with a majority vote.
Mr. Brent A. Smith, 7244 Elliot, spoke for the people of his neighborhood,
87 'Percent of whom were on record as being opposed to a sidewalk, he said.
Mr. Bob Selby, 7004 18th Avenue, said he had presented a petition at the
last meeting opposing. the proposed project, and that he was again registering
his opposition.
Ms. Marlys Vettres, 7245 Columbus, expressed her concern for the loss of
shrubs and streets. The city engineer said that the shrubs she was asking about
are already on city property and that seven of her ten trees could be moved and
saved. ,
Council Meeting Minutes -4- April 11, 1983
Mr. Jeff Martinson, 7345 Clinton, supported keeping pedestrians and
bikers off the busy streets and was in favor sidewalks.
City Attorney Clayton LeFevere, said sidewalks do benefit affected
properties; that the policy is to assess the short side of the lots and that
assessable public improvements must charge at least 20 Percent to be able to
qualify for bonds for financing the projects.
Mayor Hamilton stated that he does not want to go against the affected
neighbors by putting in an unwanted item, and that he will not vote to reaffirm
the inclusion of this section.
Council Member Hassenstab cited the policy issues. He said the council
should conform to the present policy or change it.
Motion by Bunce, seconded by Hamilton to discontinue consideration of a
sidewalk for 73rd and Portland and 12th Avenue and Diagonal Boulevard.
Poll of votes: Ayes - Bunce, Hamilton, Kirsch. Nays - Hassenstab, Ludeman.
Motion failed as a majority vote of at least 4 - 1 is required.
The city attorney said the council could defer further deliberation on this
item until it can be considered by the full council. However, when the final
plans and specifications for the sidewalks come before the council, it would
require faun votes of the council to approve them.
Motion by Hassenstab, seconded by Ludeman to reconsider this item.
A11 ayes - Carried. Absent - Priebe.
Council Member Hassenstab said he was reconsidering this item because he
felt it was wrong to do the engineering report when there were not four votes
for approval of the project.
Motion by Hassenstab, seconded by Ludeman to delete 73rd Street and Diagonal
Boulevard from the 1983 sidewalk project.
All ayes - Carried. Absent - Priebe.
_S_ April 11, 1983
Council Meeting Minutes
7. Le illative Position Statement Relatin to Rent Control
City Manager Nollenberger introduced a request for city council approval
of a Legislative Position Statement opposing statewide rent control legislation,
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as explained in Council Letter No. 117.
Council Member Ludeman said he was opposed to rent control as it was
contrary to the free enterprise system, and agreed with the opposition to a
state wide law.
Mr. Ken Kunz, 2920 `4d. 78th Street, owner of multiresidential properties,
said he was soliciting council support to endorse a bill to prohibit rent controls
state wide.
Motion by Ludeman, seconded by Bunce to approve a Legislative Position
Statement stating the city's opposition to rent control and endorsing the
legislature to do so.
All ayes - Carried. Absent - Priebe.
g. A ointment to Planning Area Citizen Advisory Committee
Motion by Hassenstab, seconded by Ludeman to appoint Betty Carr, 6633 Lynwood
Boulevard, to serve.on the Hennepin County Planning Area One Citizen Advisory '
Committee.
All ayes - Carried. Absent - Priebe.
_ ~,.,..,,.~~, Ark Request for Authorization to Cancel Agreement
9, V-date on r'ooa ~~a-u ~~~ - --- -
City Manager Nollenberger advised the city council that city staff and
representatives of Hennepin County had met with a representative of Summit State.
Bank regarding the feasibility of establishing the Summit State Bank as a food
stamp issuance site as of May 1, 1983. Hennepin County officials have agreed
with designation of Summit Bank in this capacity and indicated they will be
notifying participants so that Summit-Bank may begin issuing coupons on May 1,
Council Meeting Minutes -6- April 11, 1983
and that the city could terminate the food stamps issuing services on May 31, 1983
Motion by Hassenstab, seconded by Kirsch to authorize the execution of a
Notification to Terminate the Agreement for Food Stamp Program between the City
of Richfield and Hennepin County, effective June 1,-1983, with the stipulation
that if Summit State Bank chooses to eliminate the program at some time in the
future, the city staff should return this item to the city council for their
consideration.
All ayes - Carried. Absent - Priebe.
10. Presentation of 1982 Financial Report
City Manager Nollenberger reviewed a synopsis of the 1982 financial report
covering the General Fund and Enterprise Funds, as required by the City Charter.
He reported that the General Fund had a fund balance of $2,323,000 at year end
1982, compared to $2,066,000 a.t the end of 1981.. Mr. Nollenberger also reviewed
the four Enterprise Funds, Municipal Liquor, Water Utility, Sewer Utility and
Municipal Golf Course. The large number of delinquent water bills was discussed
and the possibility of raising the certification fee was raised.
Community Services Director Don Fondrick commented on the forthcoming
advertising campaign to promote Rich Acres Golf Course.
Mayor Hamilton commended Bill Fillmore for his excellent management of
the three liquor stores and extended thanks to the city manager for his management
of the city operation.
Motion by Hassenstab, seconded by Kirsch to extend thanks to all staff
for their competent work.
All ayes - Carried. Absent - Priebe.
11. Consideration of Community Theatre Polic
City Manager Nollenberger introduced Community Services Director Fondrick
to provide information on the recently organized community theatre operation to
the city council. Mr. Fondrick reviewed the operation of the community theatre
_7- April 11, 1983
Council Meeting Minutes
and the suggested guidelines for membership and city financial support.
Motion by Ludeman, seconded by Kirsch to require the community theatre
to increase its local representation of total involvement to 30 percent by 1984,
60 percent by 1985 and 90 percent by 1986.
All ayes - Carried. Absent - Priebe.
12. Consideration of Cit Council Goals for Two Year Period
This item wa.s deferred until April 25, 1983.
13. Discussion Not on Agenda
Mayor Hamilton thanked the city manager and city staff for arranging Student
in Goverxuaent Days. Council Member Kirsch commended Mayor Hamilton for initiating
the project in the first place.
14. Council Choice
Council Member Bunce asked to have a discussion item relating to nuclear
freeze on a future agenda. He also expressed concern for a sidewalk on 77th
Street and Sheridan and Thomas Avenues and on 77th Street from Penn Avenue West
around the Century Court Apartments.
Council Member Kirsch asked for an update on the progress of Winfield Potter
Restaurant. The city manager advised he will report on it in the near future.
15. Consent Calendar
Motion by Bunce, seconded by Hassenstab that the following items be approved:
A. Ordinance Amendment Relatin to Personal Leave. First Reading.
Bill 1983-9 - Amendment
to Chapter II, Section
2.33 of the Ordinance Code
of the City of Richfield
B, Pull Tab Schedule Change Request, American Legion
Approve time change in pull-tab activity on July 4, 1983 only.
Council Meeting Minutes -8- April 11, 198
C. Date_of Board of Review Meeting Confirmation
Wednesday, June 1, 1983 at 7:00 p.m.
D. Purchase in Excess of $2,650
Fireworks - Authorize $5,000 purchase from Americana Fireworks Display
Company.
E. Approval of Record Retention Schedule
RESOLUTION NO. 6747
RESOLUTION ADOPTING RECORDS RETENTION SCHEDULE
F_:•''` 'Approval of 1983 Alley Maintenance Proiect and Setting Date of Hearing
RESOLUTION N0. 6749
RESOLUTION PROPOSING TO SPECIALLY ASSESS
FOR THE COSTS OF CURRENT SERVICES PROVIDED
FOR ALLEY MAINTENANCE TN CITY OF RICHF IELD - 19$3 '
G. Licenses
Renewal Tom Thumb, 7600 Knox Avenue ~ 3 amusement devices
Renewal Snyder Drug, 2930 W. 66th Street 1 amusement device
New Sandy's, 6612 Penn Avenue 2 amusement devices
1 music box
Renewal Pontillo's, 2312 W. 66th Street 1 mech. music box
Renewal Youth Employment Service (at .King Oscar)mech. music box,
one day only
Renewal Ember's, 6500 Penn Avenue 1 amusement device
Renewal Union 76, 601 E. 66th Street Off sale beer
New Pizza Factory, 1506 E. 66th Street On sale beer
H. Pa-,mients and Estimates
Hoffman Electric, CP 774 - 67th Street and Lyndale Signal - $22,620.62
All ayes - Carried.
16. Claims and Payrolls
Motion by Hassenstab, seconded by Ludeman that the following claims and
payrolls be approved:
RICHFIELD BANK & TRUST
Checks 3573/63277
$ 536,445.40
SUMMIT STATE BANK
Council Nesting Minutes
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A11 ayes - Carxisd.
17 . Ad.i ourninent
Motion by Hassez3,stab, seconded by Kirsch.-that the meeting a~
A11 ayes ,Carried. Tiroae: 10:15 p.m.
Date Approved: APri1 25, 1983
Sy1 K. Bex C Cler
April 11, 198
ourn.
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~Kar1 Nollenberger City Manager