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09-12-1983CITY OF RICHFIELD REGULAR CITY COUNCIL MEETING September 12, 1983 The city council of the City of Richfield met in regular session in the ^ounc-i -chambers of the city hall on Monday, September 12, 1983 at 7:00 p.m. The meeting was called to order by Mayor John Hamilton at 7:03 p.m. Present: Bunce, Hassenstab, Kirsch, Ludeman, Priebe, Hamilton 1. A.~roval of Minutes of Special Meeting of August 15, 1983, Concurrent Ci Council/HRA Meeting of August 15, 1983, August 22, 1983 and August 27, 1 Special Meetings and Regular Meeting of August Z2, 1983 Motion by Hassenstab, seconded by Ludeman to approve the minutes of the above listed city council meetings. All ayes - Carried. Mayor Hamilton paid special recognition to Todd Hodgin, who recently won four gold, four silver and three bronze medals in the special Olympics held in Canada. He presented him with a Richfield logo pin. Todd, who is legally blind, said his goal is to attend the 1984-Olympics. 2. Presentation by Gertrude Ulrich, Representative to the•Metropolitan Council Gertrude Ulrich, a recent appointee to the Metropolitan Council, discussed the role of the Metropolitan Council and her participation on the Economic Development Committee of this body. Ms. Ulrich represents Richfield and Bloomington on the Council. She discussed the budget for the coming year and responded to council's questions. Ms. Ulrich said the Metropolitan Council functioned as a planning coordinating body, rather than an operational body.. All members of the council congratulated Ms. Ulrich on her appointment. 3. Council Approval of Agenda Motion by Bunce, seconded by Kirsch to remove 13F, "Public Service Agreement with Greater Minneapolis Day Care Association for Day Care Services", from the consent calendar, reconsider the application for a kennel license at 7527 Penn Avenue, and approve the agenda as amended. All ayes - Carried. Council Meeting Minutes -2- September 12, 1983 4. Hearing on Lot Determinati_ one 1325 W. 68th Street Acting City Manager Tom Morgan opened the public hearing, the purpose of which was to determine whether a building permit should be issued to Mr. Mark Banwart for a parcel of land he has acquired adjacent to Interstate 35W at 68th Street and Humboldt Avenue. He stated that this hearing was being held at the request of Mr. David Johnson, 1401 W. 68th Street, who has challenged that the lot is buildable. Community Development Director Dennis Kraft utilized visual aids showing the triangular shaped parcel. Mr. Don Clapp, attorney for Mr. Banwart, appeared in behalf of his client. He said Mr. Banwart was not prepared for this hearing as he was only notified on September 8. He said Mr. Banwart is the underlying fee owner of all three sections and a legal definition of this lot must be determined by September 12. City Attorney LeFevere said the City of Richfield has largely overlooked utility easements. Mr. Banwart, spoke in support of his request. He said the lot has sufficient buildable area and he believes there is adequate setbacks to meet zoning require- ments. David Johnson, 1401 W. 68th Street, and Omer Lindeberg, 1407 W. 68th Street, both spoke in opposition to approval of this building permit. Motion by Hassenstab, seconded by Kirsch to continue this hearing to November 14, 1983; refer this issue to the Planning Commission and noti~ y the affected neighbors residing within 350 feet of this property. All ayes - Carried. Ralph Laven, 6745 Humboldt, said this lot is lower than surrounding propert' and asked that if the owner fills it in, will the adjacent properties flood. Council Meeting Minutes -3- September 12, 1983 Gordon McKinnon, 7308 Upton, said that he works for the permit office at the State of Minnesota and he knows that Mr. Bonwart's permit has not yet been approved. 5. Proposed Amendment to Taxicab Drivers .License Ordinance. Second Reading. Acting City Manager Morgan introduced the amendment to the ordinance relating to taxicab drivers which was presented to-the city council for second reading. consideration. Captain Ron Richard commented on the ordinance revision. He said,in a desire for equity and fairness, the ordinance had been amended to require that each applicant complete a health history statement in lieu of a physician's certificate. Motion by Hassenstab, seconded by Ludeman to close the hearing. All ayes - Carried. Bill 1983-23, "Amendment to Chapter VI, Section 6.21 of the Ordinance Code of the City of Richfield", dealing with the licensing and regulation of taxicab drivers, was read and reviewed by City Attorney Clayton LeFevere, the same being on file in the office of the city clerk. (C-213) Motion by Hassenstab, seconded by Ludeman that this constitute a second reading of Bill 1983-23; 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, 6. Public Hearing Ordinance Amending Cable TV Franchise to Adjust Certain Rates. First Reading. Acting City Manager Morgan opened the public hearing relating to consideration of rate increases requested by Minnesota Cablesystems-Southwest. Mr. Morgan Council Meeting Minutes -4- September 12, 1983 reviewed actions that have taken place during the last five meetings of the cable commission, as outlined in Council Letter No. 297. Mr. Gary Mizga, general manager of Cable Systems S.W., introduced members of his staff. He indicated a rate increase was anticipated and planned three years ago, and responded to council and legal staff questions. Mr. Ralph Campbell, representative from Cable Television Information Center, (CTIC), discussed tax benefits to investors. He said losses now offset benefits. Mr. Scooter Cederholm, 6214 5th Avenue, said he terminated his subscription to cable television a year ago as the reception was poor. Mr. Roger Schmitz, 7427 Thomas Avenue, spoke about the use of Cable TV and his experience having worked in a studio. Motion by Ludeman, seconded by Bunce to close the hearing. All ayes - Carried. Bill 1983-24, "An Ordinance of City of Richfield Amending the Cable Communications Franchise Ordinance No. 1980-44, Exhibit B, Paragraph I, Sub- paragraphs A1, A3, B, C, D, E, and H1 and H4 to Change the Rates and. Charges for Installation, Monthly Rates, Converter, Reconnection, Extra Outlets, Commercial Rates, FM Services and Premium Services and Providing for the Effective Time of 't'his Ordinance", was read and reviewed by City Attorney Clayton LeFevere, the same being on file in the office of the city clerk. (C-214) Motion by Bunce, seconded by Hassenstab that this constitute a first reading of Bill 1983-25; and that second reading of this ordinance amendment be scheduled for November 14, 1985. Poll of votes: Ayes - Bunce, Hassenstab, Priebe, Hamilton. Nays - Kirsch, Ludeman. Carried. Council Meeting Minutes -5- ~ September 12, 1983 7. Assessment Rolls Diseased Tree, Nuisance Abatement and Weed Destruction Acting City Manager Morgan presented resolutions certifying special assessment charges for weed destruction, nuisance abatement and abatement of diseased trees for city council approval. Motion by Ludeman, 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. 6796 RESOLUTION LEVYING SPECIAL ASSESSMENT FOR WEED DESTRUCTION Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Priebe, Hamilton. Nays - None. Carried. This. resolution appears as Resolution No. 6796 in Resolution Book No. 50. Motion by Ludeman, 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. 6797 RESOLUTION LEVYING SPECIAL ASSESSMENT FOR NUISANCE ABATEMENT Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Priebe, Hamilton. Nays - None. Carried. This resolution appears as Resolution No.6797 in Resolution Book No. 50. Motion by Ludeman, 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. 6799 RESOLUTION LEVYING SPECIAL ASSESSMENTS FOR ABATEMENT OF DISEASED TREES Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Priebe, Hamilton. Nays - None. Carried. This resolution appears as Resolution No. 6799 in Council Meeting Minutes -6- September 12, 1983 Resolution Book No. 50. 8. implication for Appointment to Human Rights Commission Acting City Manager Morgan presented the application of Al Moore TT for appointment to the Human Rights Commission for City Council consideration. Motion by Ludeman, seconded by Hassenstab to appoint Mr. Al Moore, TI, 6421 21st Avenue, to serve a three-year term on the Human Rights Commission, filling the vacancy created by the resignation of Ronald McGinnis. All ayes - Carried. 9. Certification of Delinquent Utility Bills Acting Citq Manager Morgan presented a resolution certifying delinquent water bills to the individual taxpayers for city council approval. 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. 6800 RESOLUTION CERTIFYING UNPAID SEWER AND WATER SERVICE CHARGES TO THE COUNTY AUDITOR TO BE COLLECTED WITH OTHER TAXES ON SAID PROPERTIES Poll of votes: Ayes - Bunce, Hassenstab, IZirsch, Ludeman, Priebe, Hamilton. Nays - None. Carried. This resolution appears as Resolution. No. 6800 in Resolution Book No. 50. 10. Apt~roval of Minutes, Tabulation of Bids, Award of Contract and Authorization for Change Order, Joint Cleaning and Resealing of 7bth Street, Lyndale Avenue to Penn Avenue Community Services Director Fondrick reviewed the bids received for joint cleaning and resealing of the concrete surfaces of 76th Street, Lyndale Avenue to Penn Avenue. He indicated the bid received from Allstate Paving, Inc, was below cost estimates of the city staff and he recommended including additional work of this nature in this project. Council Meeting Minutes -7- September 12, 1983 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. 6801 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR JOINT CLEANING AND RESEALING, BID N0. 8308 (ALLSTATE PAVING, INC., MAPLE GROVE, M1V) Poll of Votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Priebe, Hamilton. Nays - None. Carried. This resolution appears as Resolution No. 6801 in Resolution Book No. 50. 11. Request for Renewal of Residential Kennel Licenses and Request for Fee Waived Kennel License The city council reviewed the requests for kennel license renewals and the request of Richard Burtis, 7325 Fremont, for waiver of his kennel license fee. Motion by Ludeman, seconded by Bunce to deny waiver of fee for Mr. Burtis and deny a license to Garnette Kelber, 6314 14th Avenue. Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Hamilton. Nays - Priebe. Carried. Councilmember Priebe said he objected to this action, as "people ought to be able to pursue happiness", and requested the council to reconsider the vote. Motion by Bunce, seconded by Kirsch to reconsider the previous vote. Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Priebe, Hamilton. Nays - Ludeman. Carried. Motion by Ludeman, seconded by Hassenstab to deny a fee waived license for Richard Burtis, 7325 Fremont Avenue - four cats. A11 ayes - Carried. Council Meeting Minutes -8- September 12, 1983 Motion by Ludeman, seconded by Priebe to approve the license for Ms. Kelber with the stipulation that she reduce the number of cats to four in 1984. All ayes - Carried. Motion by Ludeman, seconded by Priebe to approve the following kennel licenses: Roszella Harding, 7139 Columbus - four dogs Dale and Esther Lyddon, 6733 10th Avenue - three dogs Myrtle Wickstrom, 6726 Chicago - three dogs Teresa Eccleston, 7526 Portland - three cats Richard Burris, 7325 Fremont - four cats All ayes -Carried. Discussion ensued regarding the licensing of residential kennels and the council's action at the previous meeting when the application of Karen Hughes had been denied. - Motion by Kirsch, seconded by Bunce to reconsider the vote for denial on the Hughes kennel application from last meeting. Poll of votes: Ayes - Bunce, Kirsch, Priebe, Hamilton. Nays - Hassenstab, Ludeman. Carried. Motion by Priebe, seconded by Kirsch to approve the kennel license application of Karen Hughes, 7527 Penn Avenue. Poll of votes: Ayes - Bunce, Kirsch, Priebe, Hamilton. Nays - Hassenstab, Ludeman. Carried. •11. Not on Agenda Mary MacDonald, 6435 Upton, addressed the council regarding the rumor that "No Parking" signs will be moved by the park and tennis courts on West 65th Street. She said parking is staggered now and appealed to the staff to leave it as it is. She said it should be left for the homeowners' convenience, not for those that use the parks. C] Council Meeting Minutes -9- September 12, 1983 12. (13F) Public Service Agreement with Greater Minneapolis Day Care Association for Day Care Services Councilmember Kirsch stated he has always been opposed to federal government subsidies of child care and questioned approval of this agreement with the Greater Minneapolis Day Care Association. Motion by Priebe, seconded by Bunce to authorize the mayor and acting 1 city manager to execute the agreement with the Greater Minneapolis Day Care Association to provide child care services for residents of the City on a reimbursable basis up to $17,814, and authorize the agency to absorb 7 percent administrative charge out of the total funds. Poll of votes: Ayes - Bunce, Hassenstab, Ludeman, Priebe, Hamilton. Nays - Kirsch. Carried. 13. Consent Calendar Motion by Bunce, seconded by Kirsch to approve the following items: A. Approval of Purchases in Excess of $2,650 Sandblasting~0utdoor Swimming Poo ~ Authorize A-ABCO Contractors to perform the work in the amount of $6,240. Liquor. Operations Cash Register Communications Equipment - Authorize purchase of information transfer units, telephone modems and lahor from Retail Data Systems in the amount of $4,993. One Ton Truck Cab and Chassis - Authorize purchase of 1984 GMC one ton i~ ~~ cab and chassis per city specifications in the amount of $8-,850 from GMC Truck and Coach Operation. B. Amended Off-Street Parking Permit.,. Lyndale Garden Center Approve revised layout as presented. C. Off-Street Parking Permit, 6511-13 Cedar Avenue Council Meeting Minutes -10- September 12, 1983 RESOLUTION N0. 6798 RESOLUTION APPROVING LAYOUT AND CONTRACT FOR OFF-STREET PARKING IN ACCORDANCE WITH APPLICATION N0. 83-6, CONTRACT N0. 2355 Vincent H. Walters 6540 Lyndale Avenue Richfield, MN Location; 6511-13 Cedar Avenue Use: Parking Lot D. _pproval of Minutes, Tabulation of Bids and Award of Contract for Sidewalk Curb and Gutter Repairs RESOLUTION N0. 6801 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR CONCRETE SIDEWALK AND CURB AND GUTTER REPAIR BID N0. 83-7 (CONCRETE CURB CO., OF BURNSVILLE) E. Ordinance Amendment Relating to Defin ition of Permanent Emplo ee. First Reading. Bill 1983-25 AMENDMENT TO CHAPTER II, SECTION 229 OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD All ayes - Carried. 14. Claims and Payrolls Motion by Ludeman, seconded by Bunce that the following claims and payrolls be approved: PRICHFIELD BANK & TRUST Checks 3939/3991 65741/66045 $ 976,961.30 SUMMIT STATE BANK Checks 65466/65508 General $1,274,078.25 Checks 27606/28038 Payroll 236,983.39 All ayes - Carried. J 1 i 1 Council Meeting Minutes -11~ September 12, 1983 15. Adjournment Motion by Ludeman, seconded by Bunce that the meeting adjourn. All ayes - Carried. Time: 9:46 p.m, Date Approved: September 26, 1983 Syly K. Bergh iby Clerk Thomas A. Morgan, Jr. Act City Manager