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01-23-1984 CITY OF RICHFIELD REGULAR COUNCIL MEETING January 23, 1984 The city council of the City of Richfield met in regular session in the council chambers of the city hall on Monday, January 23, 1984 at 7;00 p.m. The meeting was called to order at 7:04 p.m. by Mayor John Hamilton. Present: Bunce, Kirsch, Ludeman, Priebe and Mayor Hamilton Mayor Hamilton led in the Pledge of Allegiance. 1. A royal of. Minutes of S ecial Cit .Council Meetin of Januar 3 and Re ular City Council Mee~ting_of January 9~ 1984 Motion by Bunce, second by Kirsch to approve the minutes of the special January 3, and the regular January 9, 1984, meetings, as submitted. All ayes - Carried. Z. Opportunity for Citizens to Address the City Council Vern Fischbach, 6327 lst Avenue, asked about the status of St. Peter's bingo license application. He was advised that it had been renewed on January 9, 1984. 3. Council Approval of.Agenda Council Member Kirsch requested removal of Agenda Item 15B, "Ordinance Amendment Relating to On-Sale Liquor License Ordinance", from the Consent Calendar. Community Services Director Fondrick requested addition of another vehicle on Agenda Item 15C, "Purchases in Excess of $5,OOfl". City Manager Cart- wright requested a change in the date of the Study Session to be considered in Agenda Item 15I. Motion by Ludeman, second by Bunce to approve the agenda as amended. All ayes - Carried. 4. Public Hearing for Renewal of On-Sale and Sunday Liquor Licenses for Godfather Restaurant at 708 W. 66th Street Public Safety Director Tom Morgan reviewed the investigative findings on Council Meeting Minuses -2- January 23, 198+ the application for renewal of on-sale and Sunday liquor licenses for the Godfathe Inc. He repoxted that ail required accounting reports have been submitted and the establishment maintains insurance coverage as required by the state. Mr. Morgan stated public safety contacts were reduced by 23% over the last year. Council Member Ludeman commended Pat Anzevino, resident manager of the Godfather, for the reduction in public safety incidents. Motion by Bunce, second by Ludeman to close the hearing. All ayes - Carried. Motion by Bunce, second by Priebe to approve renewal of the on-sale and Sunday liquor licenses for The Godfather, Inc. Restaurant. All ayes - Carried:. 5. Publ -Sa Public Safety Director Tom Morgan reviewed the investigative findings for the renewal application for on-sale and Sunday liquor licenses of Consul Corporation, dba ChiChi's Restaurant. Mr. Morgan indicated all licensing requirements have been met by the establishment and that public safety incidents had been reduced by 33% during the past year. Motion by Ludeman, second by Bunce to close the hearing. Ali ayes - Carried, Motion by Kirsch, second by Priebe to approve the renewal of the on-sale and Sunday liquor licenses for the Consul Corporation/ChiChi's Restaurant. All ayes - Carried. 6. Public I3earing_for Renewal of On-Sale and Sunday Liquor Licenses for Ground Round Restaurant, 1500 E. 78th Street Public .Safety Director Morgan reviewed the investigative findings for the application of Howard Johnson Company, dba Ground Round Restaurant, for renewal 1 ~_J r Council Meeting Minutes -3- January 23, 1984 of their on-sale and Sunday liquor licenses. Mr. Morgan said the required accounting reports have been submitted and the required liquor license bond had been filed with the city. Public safety incidents have been reduced at this establishment, and the reduction is attributed to additional management staffing and added security, plus stronger DWI legislation. Motion by Ludeman, second by Bunce to close the hearing. A11 ayes - Carried. Motion by Priebe, second by Bunce to approve renewal of the on-sale and Sunday liquor licenses for the Ground Round Restaurant. All ayes- Carried. Council Member Priebe voiced concern over the constri cted parking available at the Ground Round site. He said parking is overflowing on to the frontage road. 7. Public Hearing for Renewal of On-Sale and Sunday. Liquor Licenses for . , ,. American Lesion Post 435 Public Safety Director Morgan reviewed the investigative findings for the application of the Richfield American Legion Post 435 for renewal of their Sunday on-sale and tavern licenses for 1984. He reported that the necessary supporting documentation for these licenses has been submitted. Don Swanson, representing the American Legion, said the increased public safety .incidents occurred during the Fourth of July festivities. Mr. Swanson requested a reduction in some of the fees. Captain Richardson said a partial refund would be forthcoming from the investigative fees due to an error in calculating the fee. Motion by Ludeman, second by Kirsch to close th.e hearing. All ayes - Carried. Motion by Bunce, second by Priebe to approve renewal of the Qn.-Sale and Sunday liquor licenses and tavern license for the Richfield American Legion. All ayes - Carried. r Council Meeting Minutes -4- January 23, 1984 8. Public Hearing for Renewal. of On-Sale and Sunday Liquor Licenses for VFW Post 5555 Public Safety Director Morgan reviewed the. investigative findings for the application of VFW Post 5555 for renewal of their on-sale, Sunday and tavern licenses. Mr. Morgan noted that the VFW financial statement was not prepared by a certified public accountant and said the organization has been advised that the financial records should be audited by a certified public accountant beginning for calendar year 1984. Dick Christy, Assistant Quartermaster of the VFW, spoke regarding the investigative fee scale, which he said was excessive, Iie said VFW officers are changed annually, meaning several hundred dollars in investigation fees. He asked that the policy be reviewed. John Maiinski,,917 W. 66th Street, asked for waiver of some of the in- vestigation fees in the future. Motion by Bunce, second by Ludeman to close the hearing. All ayes - Carried. Motion by Bunce, second by Priebe to approve renewal of the on-sale, Sunday and tavern licenses for the VFW Fred Babcock Post ~~5555, with the provision for refund of a portion of the investigative fees. After some council discussion, the original motion was withdrawn and the following motion was made: Motion by Bunce, second by Priebe to approve all three licenses for the VFW Post 5555, contingent upon refund of investigative fees and the tavern dance fees subsequent to a study by the city manager, city attorney and staff in an attempt to reduce or refund fees if permissible. All ayes - Carried. Motion by Ludeman, second by Bunce to request the staff to report back r Council Meeting Minutes -5- January 23, 1984 to the council after their study on the fee structure and options for service clubs. All ayes - Carried. 9. Public Hearing to Consider Special Assessing Current Maintenance Service for City Alleys City Manager Cartwright summarized Council Letter No. 37, the proposed 1984 alley maintenance special assessment project. This public hearing was opened on January 9, 1984, and was continued at the request of the city council which had requested background information on city policies. Mr. Cartwright reviewed the policy providing for permanent improvement of the city alleys which was established in 1980 by Resolution No..6345. Motion by Ludeman, second by Bunce to close the hearing. All ayes - Carried. Motion by Ludeman, second 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. 6862 RESOLUTION ORDERING THE UNDERTAKING OF CURRENT SERVICE PROJECT FOR ALLEY MAINTENANCE JANUARY 1, 1984 - DECEMBER 31, 1984. CITY PROJECT N0. 796 Po11 of votes: Ayes - Bunce, Kirsch, Ludeman and Hamilton. ,Nays - None. Absent - Priebe. Carried. This resolution appears as Resolution No. 6862 in Resolution Book Nv. 50. 10. Public Hearing Concerning .the Reallocation of Community Development Block Grant Funds City Manager Cartwright summarized the proposal to reallocate CDBG funds for the Grant Year VII (1982), as outlined in Council Letter No. 38. He noted a communication from Hennepin County stating the time to expend .all Grant Year r Council Meeting Minutes -6- January 23, 19$4 VII funds is June 1, 1984. Motion by Ludeman, second by Bunce to close the hearing. All ayes - Carried. Motion by Ludeman, second by Priebe to approve the reallocation of funds as indicated by the staff. Poll of votes: Ayes - Bunce, Ludem!an, Priebe and Hamilton. Nays - Kirsch. Carried. Council M~aber Kirsch stated he was voting "nay" because he opposed the recommendation to transfer $4,000 for .improvements for expansion of the Fun Club Day Care Center as he wished to remain consistent with his stated opposition to federal subsidy of daycare services. 11. Appointments to C3t_y Advisory Commissions Mayor Hamilton reviewed the proposed appoin~xnents to city advisory eommissio He said the council had interviewed each new applicant prior to the evening council meeting. ADVISORY BOARD OF HEALTH Motion by Lindeman, second by Kirsch to appoint the following: Jeanette Lofstrom, Incumbent; Jane Myre; Joan Peifrey, Incumbent; Gilberg Nevius, Incumbent; Lia Ozois, Incumbent; and, Mary Esslinger. All ayes - Carried. CIVIL SERVICE COMMISSION Motion by Priebe, second by Ludeman to reappoint Jack Duich. All ayes - Carried. COMMUNITY SERVICES COMMISSION - ~ Motion by Kirsch, second by Ludeman to appoint the following: Betty Asher; Jay Brown, Incumbent; John Kramer; and Richard Starieaf. Council Meeting Minutes -7- January 23, 1984 Poll of votes: Ayes - Kirsch, Ludeman. Nays - Bunce, Priebe, Hamilton. Motion failed. Motion by Bunce, second by Priebe to appoint the following: Jay Brown; Michael Sandahl; Betsy Asher; and, John Kramer. Poll of votes: Ayes - Bunce, Ludeman, Priebe, Hamilton. Nays - Kirsch. Carrieda ENERGY AWARENESS COMMISSION Motion by Kirsch, second by Ludeman to appoint the following: Herbert Doty, Incumbent; Dennis Louis, Incumbent; and, Dean Sturgis, Incumbent. 1 All ayes - Carried. HUMAN RIGHTS COMMISSION Motion by Bunce, second by Ludeman to make the following appointments: Joseph Sausen and Roxanne Farrar, Incumbent. A11 ayes - Carried. PLANNING COMMISSION Motion by Priebe, second by Ludeman to make the following appointments: Connie Hoverson, Incumbent; Steven Quam, Incumbent; and, Maggie McDermott-Lindstrand, Incumbent. All ayes - Carried. SENIOR CITYIZENS/HANDICAPPEb COMMISSION Motion by Kirsch, second by Ludeman to make the following appointments: Carolyn Dobis, Incumbent; Leonard Graves; and, Catherine Evans. All ayes - Carried. The council requested the staff to inform the public that vacancies still exist in the Energy Awareness Commission and the Fourth of July Committee. r Council Meeting Minutes -8- January 23, 1984 12. Report on Proposed Airport Zoning Ordinance for the Area Surrounding the Minneapolis-St. Paul International Airport City Planner Rick Jopke summarized the proposed Airport Zoning Ordinance that would apply to the area surrounding the Minneapolis-St. Paul International Airport. The ordinance will impose restrictions regulating the height of structures, location and size, the use of buildings and the density of population. Mr. Jopke said the proposed zoning ordinance would have minimal affect on Rich- field; however, he said the extension of runways. will mean more noise for south- east Richfield residents. 13. Consideration of Association of Metropolitan Municipalities Proposed City Manager Cartwright advised the council that the Association of Metropolitan Municipalities (AM1K) has developed a number of additions and modificatir~ns to its legislative policies in preparation for the 198G. session of the Minnesota Legislature. The modifications cover the following five general subject areas: 1. Municipal Revenues and Taxation; 2. General Legislation; 3> Housing; 4. Metropolitan Area Issues and Concerns; and, 5. Transportation Coimmunity Development Director Kraft addressed the specifics of the Housing policy and reco~maended the following position be presented as explained in Council Letter No. 40: Al Where the policy mentions "state and local housing assistance programs should address the needs of lower income families"; an additional phrase should be added: "and those slightly higher income levels, up to the median income level where a housing need is demonstrated or the general public beaefi~ts". B1 Where the policy mentions "state and local units of government should reevaluate their housing assistance programs to ensure that the programs are meeting original legislative intent"; this should be modified to: r Council Meeting Minutes -9- January 23, 1984 "state and local units of government should reevaluate their housing assistance program to ensure that the programs are adequately meeting identified needs determined by the appropriate governmental unit". C1 Where it mentions "the legislature should not broaden current housing assisted programs until it has found that the housing needs of lower income families have been sufficiently satisfied"; this should be qualified to a11aw housing programs to benefit higher income level persons if community needs can be demonstrated. Two important programs that have application in Richfield would be eliminated if the Legislature premitted housing assistance only to lower income families: (1) The BUNDLE-UP RICHFIELD energy conservation loan element which provided Iow interest rate loans for any Richfield homeowner would not have been available. (2) First time homebuyers such as those that would be eligible for the Portland Avenue housing at Legion Lake might not be eligible to participate. A family would be penalized because of having an income just high enough to support an affordable home purchase, but exceeding the 80% of the median. Mr. Kraft suggested that the council may wish to discuss these policies so that their wishes can be conveyed at the general membership meeting of the AMM on January 31, 1984. Motion-by Ludeman, second. by Kirsch to accept the staff recommendations and modifications relating to Housing as stated. All ayes - Carried. 14. Bloomington Water Management_Or_ganiza City Manager Cartwright reported that the first meeting of the Water Management Organization with the City of Bloomington had been scheduled for February 13, at the Bloomington City Hall. He asked that the date be changed to February 7. Motion by Ludeman, second by Bunce to amend the Joint Powers Agreement Establishing and Empowering the Richfield-Bloomington Watershed Management r Council Meeting Minutes -10- January 23, 1984 Organization by setting the organizational meeting for February 7, 1984 at b:00 p.m. instead of February 13, 1984. All ayes - Carried. 15. Council Choice - Discussion Items Council Member Bunce invited Council Members and the city manager to a Legislative Dinner being held at the VFW on March 23, 1984 at 7:00 p.m. City Manager Cartwright reported on the Christmas Tree ordinance provisions of the City of Bloomington, in reply to Mr. Bunce's request of January 9. Mr. Cartwright also reported that, in response to the inquiry of the council., three sections of Lakeshore Drive can have the names changed by ordinance if the council so desires. The Community Development Director and staff will develop a proposal concerning the name changes to present to the Planning Commission. The city manager also commented on his monthly TV show which will start on February 6th. 16. (15B) Ordinance Relating to On-Sale Liquor. License Ordinance._ First Reading. Council discussed the possibility of having a similar ordinance drafted for .on-sale beer and wine and requested that staff examine this possibility and report back. Bill 1984-2, "An Ordinance Amending Section 11.06, Subdivision 9, Paragraph (2) of the Ordinance Code of the City of Richfield", was read and reviewed by Assistant City Attorney John Dean, the same being on file in the office of the city clerk, (C-226) Motion by Kirsch, second by Ludeman that this constitute a first reading of Bill 1984-2; and that second reading of this ordinance amendment be scheduled for February 13, 1984. Poll of votes: Ayes - Bunce, Kirsch, Ludeman, Priebe and Hamilton. Nays - None. Carried. Council Meeting Minutes -11- January 23, 1984 17. Purchases in Excess of $5,000 (15C) Community Services Director Fondrick commented on the need to purchase an additional unmarked squad car and said used rental cars have been found to be the best buy for these vehicles. He requested authorization to purchase one unmarked police vehicle in the amount of $8,395. Motion by Ludeman, second by Bunce that the purchase of the following items be approved: Flow Meter System Authorize purchase from Vessco, Inc. in the amount of $5,202.9&. Cab and Chassis foreHigh Ranger Authorize purchase of Ford L800 gas powered single axle cab and chassis from Lakeland Ford in the amount of $24,776. Public Safety Station Wagon 1 Authorize purchase of 1984 Chevrolet Celebrity mid-sized wagon, parts and service manuals from Hawkins Polar Chevrolet in the amount of $9,032. Police Vehicle Authorize purchase o~ one used vehicle for the Public Safety Department in the amount of $8,395. Rescue Unit Authorize puxcliase of 3/4 tort GMC Carryall four-wheel drive unit, with a third seat, power locks and windows, tilt steering, transmission oil cooler, intermittent wipers and blockout rear windows from GMC Truck and Coach in the amount of $14,004.56. Cab and Chassis for Vac-All --- -- Authorize purchase of 1984 CT8000 tilt cab V-8 truck from Boyer Ford Trucks in the amount of $40,158. Cable TV Local Programming Equipment Authorize purchase of Cable TV equipment for city use in local cable r Council Meeting Minutes -12- programming to be funded by Cable TV franchise fees. AlI ayes - Carried. 18. t ider 1 eaislati e tion Statement on Protects (15I) Motion by Ludemen, second by Priebe to set the study session for Tuesday, February 7, 1984 at 7:00 p.m. All ayes - Carried. 19. Consemt Calendar Motion by Ludeman, second by Priebe that the following items be approved: A. Approval of Date for Board o£ Review ~. Set the date for Wednesday, May 30, 1984. D. Approval of Health Services Contract_with.the City of Bloomington for 1984 Authorize renewal of Joint Powers Agreement with the City of Bloomington for provision of Personal Health Services for 1984 in the amount of $93,600. E. Request for Taxicab License - $1ue and White Service Corp. Approve taxi licensing of Blue and White Service Corporation in the City of Richfield. F. Receive Preliminary Report and Set Date of Hearing for 1984 A11ey Improvement Project RESOLUTION N0. 6863 RESOLUTION RECEIVING PRELIMINARY REPORT AND CALLING PUBLIC HEARING ON PROPOSED ALLEY PAVING CITY PROJECT 793 G. -Award of Contract for Paper .for Community Services Brochure Award contract to Sexton Printing, Inc. for four seasonal community recreation brochures under Option A, using white paper and two color ink for $23,954. January 23, 1984 r Council Meeting Minutes -13- H. Approval of Change Order ,for Richfield Lake Project January 23, 1984 Approve $15,000 change order to adjust contract with D. H. Blattner and Sons to an amount not to exceed $142,960. J. Payments and Estimates Estimate ~~1, Fire Station Improvements - Maertens Brenny Construction Co.., C. P. 767 - $43,308. 1 K. Licenses Renewal Kayo Oil, 6744 Penn Avenue Renewal Kayo 03.1, 7700 Lyndale Avenue Renewal Walgreen Drug, 12 W. 66th Street Renewal Union Oil, 601 E. 66th Street Renewal Lariet Lanes, 6320 Penn Avenue Renewal PDQ Stores, 813 E. 66th Street Renewal PDQ Stores, 7701 Portland Avenue Renewal Miller's Fireside Pizza, 6736 Penn Avenue Renewal Frenchman's, 1406 E. 66th Street Renewal Hauser's Foods, 6530 Pillsbury Avenue Renewal Terry Feldman Imports, 920 W. 78th Street Renewal Southdale Manor, dba Ugly Duckling Rentacar, 6333 Cedar Avenue Renewal Kayo Oil, 6744 Penn Renewal PDQ, 813 E. 66th Street Renewal Tom Thumb, 7619 Lyndale Renewal Tom Thumb, 7600 Knox Renewal Western Auto, 7700 Lyndale A11 ayes - Carried. 20. Claims and Payrolls Off sale beer Off sale beer Off sale beer Off sale beer On/Off sale beer Off sale beer Off sale beer On sale beer On/Off sale beer Off sale beer Motor Vehicle Dealer Motor Vehicle Dealer Mech. Amusement Device Mech. Amusement Device Mech. Amusement Device Mech. Amusement Device Mech. Amusement Device Motion by Ludeman, second by Kirsch that the following claims and payrolls be appxoved: SUMMIT STATE BANK Checks 31266/31568 Checks 65781/65798 RICHFIELD BANK & TRUST Checks 4268/4300 All ayes - Carried. Payroll General 67876/68165 $ 222,723.90 $2,763,540.70 $ 324,116,84 Council Meeting Minutes -14- January 23, 1984 21. Adjournment Motion by Kirsch, second by Bunce that the meeting adjourn. All ayes - Carried.. Time: 9:22 p.m. Date Approved; February 13, 1984 Syl a ~. Ber ty Clerk 1