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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 1 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. i 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, 1 ~. 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 -9- 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. i ~ nl~~c~. ~Kar1 Nollenberger City Manager