11-14-1983CITY OF RICHFIELD
REGULAR CITY COUNCIL MEETING
November 14, 1983
The City Council of the City of Richfield met in regular session in the council
chambers of the city hall on Monday, November 14, 19$3 at 7:00 p.m.
Mayor John Hamilton called the meeting to order at 7:01 p.m.
Present: Bunce, Hassenstab, Kirsch, Ludeman, Priebe, Hamilton
Girl Scout Troop ~~240 presented the colors and led the assembly in the Pledge
of Allegiance. Mayor Hamilton presented the girl scouts with certificates of
appreciation in recognition of their contribution to the evening.
1. Approval of Minutes of Regularly Scheduled Meeting. October 24, 1983
Motion by Hassenstab, second by Kirsch to approve the minutes of the October 24,
1983 regular city council meeting.
All ayes - Carried. .
2. D-Day Proclamation (Support of Nonsmoking)
Lia Ozols, representing the Richfield Advisory Board of Health, spoke about
D-Day, November 17, which has been designated as a day to encourage people to stop
smoking. She introduced Joan Pelfrey and Dr. Steven Nelson, members of the Advisory
Board of Health, who spoke on negative aspects of smoking. Dr. Nelson read a
proclamation designating November 17, 1983 as Richfield D-Day.
3. Presentation of Certificates of Appreciation to Election Jud es
Mayor Hamilton and City Clerk Sylvia Bergh presented certificates of appreciation
to approximately fifty election judges who have served the community during past
elections. A brief reception followed the presentation.
4. Council Approval of Agenda
Council Member Ludeman requested Item E, ".Purchases in Excess of~
$2,650", be removed fxom the Consent Calendar. City Manager Cartwright asked that
Agenda Item I be corrected by changing the number of taxicab licenses being applied
for to 19 licenses instead of 26. The City Manager also requested the removal of
Council Meeting Minutes -2- November 14, 1983
payment of $27,605.35 to Arcon Construction, CP 782 frim Item J of the Consent
Calendar.
5. Request for a Variance to the Setback Zoning Ordinance to Construct an
Addition to Existing Garage, 6800 Pillsbury
City Manager Cartwright introduced the request of Gordon Rosengren for a
variance to enable him to construct a 10' x 20' addition on to the north end of
his existing garage. The applicant's existing garage is a nonconforming use as
the setback on the south and west sides is one foot and a two-foot setback is
required. The City Manager reviewed the planning commission and staff recommendation
for denial of this variance because the request does not meet the three conditions
for granting a variance.
Mr. Gordon Rosengren, the applicant, spoke on behalf of his request.
Motion by Hassenstab, second by Kirsch to close the hearing.
All-ayes - Carried.
Motion by Ludeman, second by Priebe to approve this variance, subject to the
following stipulations:
1. The west wall must be constructed of brick;
2. The roof overhang shall match the present roof overhang; and
3. No window is to be built in the west wall.
Poll of votes: Ayes - Bunce, Ludeman, Priebe, Hamilton. Nays - Hassenstab, Kirsch.
Carried.
6. Variance to the Zoning Ordinance to Construct an Overhang to Proiect Four and
One-Half Feet Out From Dwelling, 2028 West 68th Street
City Manager Cartwright reviewed the request of Scott Sharpe for a variance
to construct an overhang on the front of his home. This overhang would project
four and one-half feet out from the house, which is two feet more than permitted
by city ordinance. The planning commission and city staff recommendations for
denial of this variance were presented.
Council Meeting Minutes -3- November 14, 1983
Scott Sharpe, the applicant, appeared and spoke in support of his proposal.
He asked council support. He said his property sustains heavy water damage without
this overhang.
Hugh Tunsteadt, 6801 Newton, former owner of this property,. said the property
does sustain water damage.
Lia Ozols, 2012 W. 68th Street, also spoke in favor of Mr. Sharpe's proposed
addition.
Motion by Hassenstab, second by Ludeman to close the hearing,
All ayes - Carried.
Motion by Priebe, second by Bunce to grant this variance with the stipulation
that the enlarged area can not be enclosed as a porch in the future.
All ayes - Carried. _
Council Member Hassenstab said he was going to vote in favor of the variance
based upon the interpretation that the structure that the current owners inherited
on the land, in fact, refers to the land itself, and therefore is a property right.
Therefore, in his judgment -
1. There are special circumstances because of .the basement problem;
2. That the granting of the application is necessary for the enjoyment
of the substantial property rights of the family; and
3. Because the staff agrees there is a water problem.
7. Request for Variance to Mechanical Equi ment Screening Ordinance, Car orate
Travel, 1401 West 76th Street
City Manager Cartwright presented the request of Corporate Travel, 1401 West
76th Street, for a variance from the mechanical equipment ordinance concerning
fencing and landscaping requirements. He said the planning commission and the staff
had agreed that the matter was an interpretation of an ordinance and not a request
for variance. The following explanation was given in Council Letter No. 351:
Council Meeting Minutes -4- November 14, 1983
"The Planning Commission reviewed this matter and unanimously determined
that if the applicant provided a safety-shield enclosure around the
mechanical equipment to restrict access and that if additional evergreen
trees are planted to provide additional screening, then the ordinance
requirements would be met and a variance would not be necessary. The
applicant agreed to provide the safety shield and additional trees."
Charles Erickson, representing Dakotah Properties, spoke on behalf of his
client's position.
Motion by Hassdnstab, second by Ludeman to close the hearing.
All ayes - Carried.
Motion by Hassenstab, second by Kirsch to adopt the planning commission
recommendation that this matter is an interpretation of an ordinance matter and
not a variance issue. The council motion included the following stipulations:
1. That a fence of at least six feet be installed to satisfy the
safety factor of keeping children off the equipment; and
2. That additional evergreens be planted for screening as set forth
in the ordinance.
All ayes - Carried.
8. Planning Commission Recommendation Concerning Definition of Lot and Property
Line, 1325 West 6$t'h Street
City Manager Cartwright gave the planning commission recommendation concerning
their determination that the property located at 1325 West 68th Street would not
meet the city's lot area and width standards. An appeal to the planning commission
from an administrative determination was filed by David Johnson, 1401 West 68th
Street, on September 12, 1983.
Community Development Director Kraft outlined the planning commission deliberations
relative to determinations of lot area if street and highway easements are, or are
not included. He reported that taxes and special assessments are not placed against
lot areas subject to street and highway easements.
Council Meeting Minutes -5- November 14, 1983
Mark Banwart, 1325 West 68th Street, spoke on behalf of his proposed recon-
veyance. He discussed the Compxehensive Plan in relation to his reconveyance
request and said he sees his proposal as in conformance with the plan. He distrib-
uteri sketches of the proposed home.
Omer Lindeberg, 1407 West 68th Street, spoke in opposition to Mr. Banwart°s
proposal.
Motion by Bunce, second by Ludeman to close the hearing.
All ayes - Carried.
Motion by Ludeman, second by Kirsch to adopt the planning commission's
interpretation of the definition of lots, as stated in Council Letter No. 363:
....."the proper interpretation of lot as used to determine lot
area, lot width, lot coverage, and setbacks, is that tract which
is unencumbered by streets, highways and public right-of-ways."
All ayes - Carried.
Motion by Ludeman, second by Kirsch to receive the planning commission
report concerning the reconveyance_of the property.
All ayes - Carried.
9. Special Use Permit Request to Construct a Two-Family Dwelling 920 W. 6bth Street
City Manager Cartwright introduced the request of the Housing and Redevelopment
Authority for a special use permit to allow construction of a two-family residence
at 9ZO W. 66th Street, as outlined in Council Letter No. 353.
Lawrence Wozniczka, 6744 Wentworth, asked if the house would have more than
one access off 66th Street. The Community Development Director responded that one
access is proposed for the two-family structure.
Motion by Ludeman, second by Bunce to close the hearing.
All ayes - Carried.
Motion by Ludeman, second by Kirsch to approve a special use permit to
construct a two-family dwelling at 920 W. 66th Street.
Council Meeting Minutes -6- - November 14, 1983
All ayes - Carried.
10. Ordinance Authorizing the Housing and Redevelopment Authority of the City
of Richfield to Establish and Administer Programs for the Financing of
Various Housing Projects. Second Reading.
City Manager Cartwright presented an ordinance providing for the authorization
of the HRA to establish and administer programs for financing of various housing
projects authorized by Minnesota Statutes Chapter 462C for second reading.
Motion by Hassenstab, second by Ludeman to close the hearing.
A11 ayes - Carried.
Bill 1983-28, Transitory Ordinance No. 17.10, "An Ordinance Relating to
Housing: Authorizing the Housing and Redevelopment Authority of the City of Richfield
to Exercise the Powers Granted by Minnesota Statutes, Chapter 462C on Behalf of the
City", was read and reviewed by City Attorney Clayton LeFevere, the same being on
file in the office of the city clerk. (C-218)
Motion by Hassenstab, second by Bunce that this constitute a second reading
of Bill 1983-28; 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.
11. Transitory Ordinance Providing for Certain Capital Improvements. Second Reading..
City Manager Cartwright presented a transitory ordinance providing for the
loan repayment (transfer) of $48,000 from the Special Revenue fund to the PIR
fund. Capital improvements were authorized in April, 1982 and funded by loaning
money from the PIR fund to the Special Revenue Fund. The loan was to be repaid
in 1983 from revenues of the Special Revenue Fund.
Motion by Hassenstab, second by Ludeman to close the hearing.
All ayes - Carried.
Council Meeting Minutes -7- November 14; 1983
Bill 1983-27, Transitory Ordinance No. 17.09, "An Ordinance Providing for
the Expenditure of Money from the Special Revenue Fund for Certain Capital
Improvements Provided by Temporary Funding from the Permanent Improvement Revolving
Fund", was read and reviewed by City Attorney Clayton LeFevere, the same being on
file in the office of the city clerk. (C-219)
Motion by Hassenstab, second by Ludeman that this constitute a second reading
of Bill 1983-27; 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.
12. Charter Amendment Ad~usti_ng the_Dollar Amounts of Contracts Subiect to the
Open Bidding Law. First Reading.
City Manager Cartwright presented a charter amendment ordinance for first
reading consideration. The city council had referred this matter to the Charter
Commission for review in July after reviewing amendments made by the 1983
Legislature to MN Statutes, Section 471.345, Subd. 3, 4, and 5, setting dollar
amounts of contracts subject to the open bidding law.
The proposed ordinance (charter amendment) would provide the following
(see Council Letter No. 370):
-changes the amount of contracts that must use the sealed bidding
process from contracts estimated to be in excess of $10,000 to
contracts in excess o.f $15,000;
-changes the estimated contract amount that may use either the
sealed bidding process or direct quotations from $10,000 to $15,000;
and
-changes the contract amounts requiring quotations only from $5,000
to $10,000.
Bill 1983-29, Transitory Ordinance No. 17.11, Charter Amendment Ordinance
No. 16, "An Ordinance Relating to the Awarding of Contracts by the City, Amending
Council Meeting Minutes -8- November 14, 1983
Sections 6.05 and 6.06 of the Richfield City Charter", was read and reviewed by
City Attorney Clayton LeFevere, the same being on file in the office of the
city clerk. (C219)
Motion by Kirsch, second by Hassenstab that this constitute a first reading
of Bill 1983-29; and that second reading of this charter amendment ordinance be
scheduled for December 12, 1983.
Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Priebe, Hamilton.
Nays - None. Carried.
13. Ordinance Amendment Relating to Council Salaries. First Reading.
City Manager Cartwright summarized the proposed ordinance on council
member salaries. Council discussed the history of remuneration to council
and reviewed the city charter which states that no changes in salaries can 'go
into effect until after the next succeeding election.
Motion by Ludeman, second by Bunce that no change in council salaries be
implemented for 1984.
All ayes - Carried.
Council members wish to reexamine salaries during budget deliberations and
requested the City Manager to return this item at a budget meeting.
14. Approval of Pathway System Plans for Richfield Lake and Authorization for
Advertisement of Bids
City Manager Cartwright summarized the Richfield Lake Park project. This
project is being planned in two phases, a small neighborhood park and a pathway
system. Funding will be provided from the L/H/N Redevelopment Area Project,
special revenues and LAWCON.
Community Services Director Fondrick displayed a large aerial map of the
property which detailed where project improvements were planned to be made.
He discussed how the path would be constructed and plans for dredging the area.
Council Meeting Minutes -9- November 14, 1983
He recommended the council adopt the appropriate resolution providing for approval
of this project and authorizing advertisement for bids. The neighbors attending the
neighborhood meeting and the Community Services Advisory Commission approve of the
planzted improvements.
Motion by Ludeman, second 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. 6841
RESOLUTION APPROVING PLANS AND SPECIFICATIONS
AND ORDERING ADVERTISEL~NT FOR BIDS FOR CP 7055
RICHFIELD LAKE PROJECT
Po11 of votes: Ayes - Bunce,• Hassenstab, Kirsch, Ludeman, Priebe, Hamilton.
Nays - None. Carried. This resolution appears as Resolution No. 6841 in Resolution
Book No. 50.
15. Appointment to Human Rights Commission
Mayor Hamilton reported that only two of the four candidates for this
commission had been interviewed and he wished to defer appointment until all
four candidates could be interviewed.
Motion by Kirsch, second by Ludeman to defer appointments to the Human
Rights Commission until November 28, so that interviews of candidates may be
completed.
All ayes - Carried.
16. Discussion on the Possible Redevelopment of the Lincoln Hills Site for
Housing
City Manager Cartwright presented the staff proposal for a housing and park
redevelopment project at the Lincoln Hi11s School site. The council discussed the
possibilities for financing this project and the need for alternative types of
housing for young families in the area. The city council received the report for
information purposes only.
Council Meeting Minutes -10- November 14, 1983
17. Discussion on Dates to Hold the Second City Council Meeting in December
and the First Meeting in January
City Manager Cartwright recommended that the second city council meeting of
December be canceled since the fourth Monday falls on December 26, which is a
scheduled Christmas holiday. He also recommended the council schedule the first
meeting of 1984 on Tuesday, January 3, 1984.
Motion by Ludeman, second by Kirsch to cancel the December 26, 1983 city
council meeting and schedule the first meeting of 1984 for Tuesday, January 3.
A11 ayes - Carried.
18. Cable TV Legislation in Congress: Cable Telecommunications Act of 1983
City Manager Cartwright reviewed Cable TV legislation, HR 4103, which is
harmful to local governments which support home rule powers. He expressed his
concurrence with the opinion of the League of Minnesota Cities that the pro-
posed legislation be strongly opposed as it violates the principle of home
rule, and would allow congress to decide a local issue. The City Manager
recommended the council adopt a resolution supporting these views.
Motion by Ludeman, second by Priebe 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 NO. 6837
FEDERAL CABLE TELEVISION
LEGISLATION AND THE CITIES
Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Priebe, Hamilton.
Nays - None. Carried.. This resolution appears as Resolution No. 6837 in Resolution
Book No. 50.-
19. Authorization of Amendment to Lease Agreement for Certain Data Processing
Equipment
City Manager Cartwright reported on the need to upgrade the city's data
processing system, as explained in Council Letter No. 367. He said this upgrading
Council Meeting Minutes -11- November 14, 1983
of the system is expected to serve the city's needs for the next three to five
years. He cited the advantages of amending the present lease over an outright
purchase of the hardware. The city manager recommended the council approve
amendment of the present lease agreement with Four-Phase Systems.
Motion by Kirsch, second by Hassenstab to amend the lease agreement with
Four-Phase Systems and authorize the City Manager to enter into such an amended
agreement.
All ayes - Carried.
20. Legislative Policy Statement Concex
Limitations on Industrial
s
City Manager Cartwright reviewed proposed legislation passed by the House Ways
and Means Committee which would impose state-by-state volume caps on Industrial
Revenue Bonds (IltB) financing, except for certain public-purpose projects, such
as hospitals. He stated that since Minnesota has one of the top three state dollar
volumes of IRB issues, the volume caps proposed would constitute a severe reduction
in IRB's in this state. City Manager Cartwright recommended the council approve a
Legislative Policy Statement expressing Richfield's opposition to these limitations.
Council Member Ludeman proposed an amendment that would make .it clear the
city does support elimination of IRB abuses and that a stronger opening statement
about the need for certain reforms on IRB's be included in the above Policy Statement.
Motion by Ludeman, second by Kirsch to approve the Federal Legislative
Policy Statement, as amended, on the subject of Authority to Provide Industrial
Revenue Bond Financing.
All ayes - Carried.
21. Council Choice
The City Manager reported that bids on the $825,000 General Obligation
Improvement Bonds of 1983 will be received tomorrow, November 15, at 11:30 and
that a council meeting has been scheduled at 12:00 noon for consideration of the bids.
Council Meeting Minutes -12- November 14, 1983
2Z. (22E) Purchases in Excess of $2,650
Council Member Ludeman had requested more information on these purchases.
Motion by Ludeman, second by Hassenstab that the following items be approved:
Heat Pump
Authorize purchase and installation of Carrier Split System, fan coil, and
heat pump as quoted by Midland Heating and Air Conditioning, Inc. in the amount
of $3,400 to be installed at the city garage.
Dredging
Authorize Dependable Excavating to perform dredging at south end of Norby's
Pond up to the $7,000 budgeted for this project.
Fertilizer
Authorize purchase of fertilizer from Turf Supply Co. for a total purchase
price of $15,480, less a 9% discount for placing the order prior to December 10,
1983.
Agreement for Engineering Consulting Services
Enter into a memorandum of agreement, not to exceed $6,000, with Orr-Schelen-
Mayeron & Associates, Inc., for engineering services related to the console project.
All ayes - Carried.
23. Consent Calendar
Motion by Ludeman, second by Hassenstab that the following items be approved:
A. Resolution Approving City Manager's Election to be Excluded from PERA
RESOLUTION N0. 6838
RESOLUTION APPROVING ELECTION
OF JOHN G. CARTWRIGHT TO BE
EXCLUDED FROM THE PUBLIC
EMPLOYEES RETIREMENT ASSOCIATION
B. Setting Date of Hearing for Liquor License Renewals
Schedule hearings on applications for renewal of on-sale liquor licenses
for December 12, 1983 for the following:
Council Meeting Minutes -13- November 14, 1983
Ground Round Restaurant
Vino's Godfather, Inc.
Consul Corporation, dba Maxim.illian's and ChiChi's
Veterans of Foreign Wars, Fred Babcock Post 5555
Minneapolis-Richfield American Legion Post 435
C. Receive and File Notice of Hearings on N. W. Bell Application to Change Rates
Receive the Notice and Order for Hearing and"place on file in the office
of city clerk.
D. Conversion of NSP Owner Street Lights from Mercury Vapor to High Pressure
Sodium
Authorize the City Manager to give written concurrence with NSP's proposal
to convert all mercury vapor street lights owned by NSP to high pressure sodium at
no charge for conversion.
F. 1984 Alley Paving Project -- City Project 793 Ordering Preparation of
Preliminary Engineering Report
RESOLUTION N0. 6839
RESOLUTION ORDERING PRELIMINARY
REPORT ON PROPOSED ALLEY PAVING, CP 793
G. Canvass of Election
RESOLUTION N0. 6840
RESOLUTION DETERMINING RESULTS OF CITYWIDE GENERAL ELECTION
IN THE CITY OF RICHFIELD, HELD ON TUESDAY, NOVE[~ER 8, 1983
H. Licenses
New Superanterica, 7500 Lyndale Avenue Off-Sale Beer
T. New Airport Taxi Corporation, 2708 E. Lake Street ~ 19 83/84 Taxicab
J. Payments and Estimates
Layne Minnesota, first and final, 100% complete, deep well pump ~~5
Contract ~k2387 - $10,771
Arcon Construction, CP 786, Estimate ~1, Alley paving - $177,948.65
All ayes - Carried.
Council Meeting Minutes -14- November 14, 1983
24. Claims and Payrolls
Motion by Hassenstab, second by Kirsch that the following claims and payrolls
be approved:
SUMMIT STATE BANK
Checks 65593/&5639 General $1,444,857.04
Checks 29489130194 Payroll 222,611.23
RICHFIELD BANK & TRUST
Checks 4084/4129, 66735/67062 831,661.55
All ayes - Carried.
25. Adjournment
Motion by Hassenstab, second by Kirsch that the meeting ad3ourn.
All ayes - Carried. Time: 9:55 p.m.
Date Approved: .November 29, 1982
Sylv K. Bergh y Cier
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