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02-13-1984CITY OF RICHFIELD REGULAR COUNCIL MEETING February 13, 1984 The city council of the City of Richfield met in regular session in the council chambers of the city hall on Monday, February 13, 1984 at 7:00 p.m. The meeting was called to order at 7:03 p.m. by Mayor John Hamilton. Bluebird Troop ~~204 presented the colors and led the council and audience in the Pledge of Allegiance. Mayor Hamilton presented the seven girls Certificates of Appreciation to recognize their participation.. 1. Approval of Minutes of Regular Scheduled Meeting of January 23, 1984 Motion by Ludeman, second by Kirsch to approve the minutes of the January 23, 1984 city council meeting as presented. A11 ayes - Carried. 2. Presentation of Award for Financial Reporting Achievement from the Municipal Finance Officers Association (MEOA) Mayor John Hamilton presented Jean Mitchell, Finance Coordinator, the Award of Financial Reporting Achievement which was awarded by the. Municipal Finance Officers Association (MFOA) for her role in Richfield obtaining the MFOA - Certificate for Conformance in Financial Reporting. This Certificate is awarded to municipalities whose comprehensive annual financial reports meets all accepted financial reporting standards. Mayor Hamilton commended Ms. Mitchell for her excellent efforts in achieving this award,~and Administrative Services Director Ron Rankin offered additional congratulations. 3. City Council Discussion and Decision on the Interchange Design at 76th Street and T.H. 77 in East Richfield Community Development Director Dennis Kraft said that, as a part of the Airport South Environmental Study in Bloomington, a transportation element has been prepared. Mr. Kraft reviewed the following three alternative interchange designs for 76th Street and Trunk Highway 77, as listed in Council Letter No. 61: Council Meeting Minutes -2- February 13, 1984 1. Design the interchange with 76th Street in such a manner as to prevent access, either now or in the future, between the two roads; 2. Design the interchange in such a way as to not allow immediate access at this point, but allow for a connection later, if it is deemed desirable; or 3. Design the interchange in such a way as to allow ready access to _ 76th Street at the time the interchange is constructed. Mr. Kraft discussed the potential traffic impact on residential and com mercial properties in the affected area. Dick Wolsfeld, representing the engineering firm of BRW, reported on their research in altexna'tive interchange designs for the Cedar Avenue and 494 area, in order to facilitate access to the .proposed Airport South development. Mayor Hamilton expressed concern about additional heavy traffic going west on 76th Street if a connection is made. Galeb Abdul-Rahman, of the Metropolitan Council staff, responded to council questions. He asked for council direction on options for the interchange design. Motion by Kirsch, second by Bunce to endorse Alternative No. 2 in order to preserve the future opportunity to allow access at this location. All. ayes - Carried. Council Members Ludeman and Kirsch asked that final approval be based r ~ i ~_ ~ upon viewing drawings of the proposed interchange on March 12, 1984. Mr. Abdul-Rahman said they would have layouts prepared by that time. Gertrude Ulrich, of the Metropolitan Council spoke about the proposed race- track in Eagan. She expressed concern about aircraft flight patterns over or around Eagan being altered due to concern about frightening the animals. Ms. Ulrich said she had the Metropolitan Council adopt an antinoise resolution that urges MAC to not allow flight patterns to be altered,. thereby avoiding an increase in aircraft noise in Richfield. She recommended formal council action to support this position.. - ~- Council Meeting Minutes -3- February 13, 1984 4. Request for Rezoning and Variance, 6824 Penn Avenue, for Penn Cycle Community Development Director Kraft reviewed the request of Penn Cycle for rezoning a portion of 6832 Penn Avenue from "R" to "C-2" and a request for variance to the north sideyard setback requirement to allow for an addition. He cited the staff and Planning Commission recommendations for denial of the variance and their recommendations for approval of the rezoning. Gerald Mercier, 2201 W."69th Street, spoke against the rezoning and variance. He said it would present a negative impact on neighboring residential properties and that the business has outgrown the site. Jim Sorenson, representing Elmer Sorenson, the owner of Penn Cycle, addressed the council. He said they did not wish to expand but are attempting to improve upon the efficiency of the existing site. He said they would consider an alternate location in the future but it must be close to the present business location. Motion by Ludeman, second by Bunce to close the hearing. All ayes - Carried. Council discussion followed concerning problems associated with having the business operating in-a residential area, and a site too small for this successful business. Motion by Priebe, second by Bunce to deny the rezoning and the request for variance. All ayes - Carried. After the closing of the hearing and the denial of first reading of the rezoning ordinance, a number of people in the audience expressed a desire to be heard and Mayor Hamilton reopened the hearing. Tom Reardon, 6905 Oliver, said cars of Penn Cycle customers park in front of his home and he objected to the rezoning and variance. Ms. Pat Johnson, 6810 Penn Avenue, said she has never been bothered by traffic generated by Penn Cycle. Council Meeting Minutes -4- February 13, 1984 Hans Halverson, 6813 Queen, said he was concerned about the potential decrees to hie property value if the business is allowed to expand. JoAnn Bloomberg, 6908 Oliver, said she was bothered by heavy traffic, especially in spring and summer. ;__; Louis Kite, of Eagan, said_ he has done business with Penn Cycle and feels the business needs to expand, David Benson, 6848 Oliver, stated his opposition to the variance and the rezoning. 5. Request for Special Use Permit at 7001 Elliot Avenue to~Expand Da Care Operation City Manager Cartwright presented the request for a special use permit from the Southdale YMCA to expand their day care facility located in the former Elliot Elementary School. The current special use permit allows for a maximum of lb infants and they have requested an expansion to allow for bb children.. Margaret Tultheim, of the YMCA, outlined their plans for expansion. She said the center has a waiting list. Motion by Ludeman, second by Kirsch to close the hearing. All ayes - Carried. Motion by Ludeman, second by Priebe to grant the special use permit with the stipulation that any fire code violations be remedied to the satisfaction of the Public Safety Departament. All ayes - Carried. b. Public Hearing, 1984 Alley Paving Protect City Manager Cartwright opened the public hearing for the 1984 alley paving projects. He said twelve petitions had been submitted. City Engineer Mike Eastling explained the special assessment rate for these improvements for residential and commercial properties. Mr. Eastling said the petition received for the alley between Penn and Queen Avenue from 68th Street to 69th Street had fewer than 50% Council Meeting Minutes -5- February 13, 19$4 of the property owners signed which is required under council policy. He said the petitioner still wished to have the project considered and that people were present to speak about this alley project. Howard Olson, 6800 Penn, owner of The Print Shop property, said the alley is not used as it is a dead-end alley. He also expressed his objection to commercial special assessments being higher than residential. He also said that one signer of the petition has since moved. Hans Halvorson, 6813 Queen, said the alley is in bad shape and not fit to drive on. He also said there are flooding problems where the alley dead-ends behind his property. Kay Sivinski, 6801 Penn, said she is the owner of rental property at the north end of the alley and she objects to paying for this project. She said her property does not use the alley for access. Pat Johnson, 6810 Penn, said she objects to the cost of paving and said she would prefer that the alley be turned over to the three properties that use it for access. Motion by Kirsch, sECOnd by Ludeman to close the hearing. All ayes - Carried. Motion by Bunce, second by Ludeman to approve the 1984 alley paving project, CP 793, with the exception of the Augsburg/Garfield alley at 71st and 72nd Street, and the Penn/Queen alley between 68th Street and 69th Street. All ayes - Carried. Dick Knotz, 710.1 Augsburg Avenue, expressed opposition to the reconstruction of his alley and said he does not use it for.access. He said the alley is used for trash pick-ups.._. Motion by Bunce, second by Ludeman to include the alley at Augsburg/Garfield Council Meeting Minutes ~-6- February.l3, 1984 Avenue between 71st and 72nd Street in the 1984 alley paving program. All ayes - Carried. Motion by Bunce, second by Priebe to delete the alley between Penn and Queen Avenue between 68th Street and 69th Street from the project. Poll of votesc Ayes - Bunce, Rirsch, Priebe and Hamilton. Nays - Ludeman> Carried. Motion by Bunce, second by Priebe that the following resolution be adopted, as amended; that it be spread in the resolution book and that it be made a .part of these minutes. RESOLUTION N0. 6864 RESOLUTION ORDERING THE PAVING OF ALLEYS AND PREPARATION OF PLANS FOR CP 793 Poll of. votes: Ayes - Bunce, Kirsch, Priebe, Hamilton. Nays - Ludeman. Carried. This resolution appears as Resolution No. 6864 in Resolution Book No. 50. Staff was requested to see what alternatives may be available to repair the short alley between Penn and Queen Avenues. 7. Ordinance Amendment Relating to Residential Kennel Licensing. Second Reading. City Manager Cartwright recommended an ordinance amendment relating to residential kennels by deleting the section providing for the waiving of residential kennel licenses. Motion by Ludeman, second by Kirsch to close the hearing. All ayes - Carried. Bill 1984-1, "Ordinance Amending Section 5.28, Subdivision 3 of the Ordinance Code of the City of Richfield", was read and reviewed by City Attorney Clayton LeFevere, the same being on file in the office of the city clerk. (C-225) Motion by Ludeman, second by Bunce that this constitute a second reading of Bill 1984-1, that it be published in the official newspaper and that it be made a part of these minutes. Council Meeting Minutes -7- February 13, 1984 Poll of votes: Ayes - Bunce, Kirsch, Ludeman, Priebe, Hamilton. Nays - None. Carried. 8. Ordinance Amendment Relating to On-Sale Liquor Licenses. Second Reading. City Manager Cartwright recommended an amendment to the ordinance relating to on-sale liquor licenses which will provide that the license applicant or a representative be present at the liquor license application hearing. Motion by Ludeman, second by Kirsch to close the hearing. All ayes - Carried., Bill 1984-2, "An Ordinance Amending Section 11.06, Subdivision 9, Paragraph (2) of the Ordinance Code of the City of Richfieldtf, was read and reviewed by City Attorney Clayton LeFevere, the same being on file in the office of the city clerk. (C-226) Motion by Ludeman, second by Kirsch that this constitute a second reading of Bill 1984-2, that it be published in the official newspaper and that it be made a part of these minutes. Po11 of votes: Ayes - Bunce, Kirsch, Ludeman, Priebe, Hamilton. Nays - None. Carried.. 9. Ordinance Amendment Relating to Sauna License Requirements. First Reading. City Manager Cartwright reviewed a proposed ordinance amendment relating to sauna license requirements. This amendment has been drafted by the city attorney after reviewing the development plans of the proposed Nautilus Swim and Fitness Club which will include a sauna. The amendment would change the existing ordinance to state that a sauna must be a substantial part of the business enterprise before a sauna license is required. Motion by Ludeman, second by Kirsch to close the hearing. --All ayes - Carried. Council Meeting Minutes -8- February 13, 1984 Bill 1984-3, "Amendment to Chapter V, Section 5.25 of the Ordinance Code of the City of Richfield", was read and reviewed by City Attorney Clayton LeFevere, the same being on file in the office of the city clerk. (C-227) Motion by Ludeman, second by Kirsch that this constitute a first reading of Bill 1984-3; and that second reading of this ordinance amendment be scheduled for February 27, 1984. Poll of votes: Ayes - Bunce, Kirsch, Ludeman, Priebe, Hamilton. Nays - None. Carried. 10. Transitory .Ordinance Providing for Certain Capital Improvements. First Reading. City Manager Cartwright recommended the transitory ordinance providing for revision of the appropriation of monies from the Special Revenue Fund for Memorial Park, Ice Arena Improvements projects and the fire vehicle reserve fund. Motion by Bunce, second by Ludeman to close the hearing. All ayes - Carrie. Bill 1984-4, Transitory Ordinance No. 17.12, "An Ordinance Providing for the Expenditure of Money from the Special Revenue Fund for Certain Capital Improvements", was read and reviewed by City Attorney Clayton LeFevere, the same being on file in the office of the city clerk. (C-228) Motion by Bunce, second by Ludeman that this constitute a first reading of Bill 1984-4, and that second reading of this ordinance amendment be scheduled for February 27, 1984. Poll of votes: Ayes - Bunce, Kirsch, Ludeman, Priebe, Hamilton. Nays - None. Carried. Lawrence Wozniczka, 6744 Wentworth, asked how the net change of $10,000 would be made up. The city manager responded that funds would be used from the Special Revenue Fund, which are derived from liquor store profits. Council Meeting Minutes -9- February 13, 1984 11. Ordinance Amendment Relating to Chapter III of the City Code-Building Code. First Reading. Mayor Hamilton left the meeting and returned at 9:30 p.m. City Manager Cartwright reviewed the proposed ordinance amendment relating to city building and fire codes. He said this revision is being made to bring the city ordinance code into conformance with the current editions of the Minnesota State Building Code and the Minnesota Uniform Fire Code. The existing chapter is being repealed and replaced with the new chapter. Mr. Cartwright indicated this proposed amendment is "housekeeping" in nature and is being pre- sented to update our code to be consistent with related state codes. Motion by Ludeman, second by Priebe to close the hearing. [; All ayes - Carried. Bill 1984-5, "Amendment to Chapter III of the Ordinance Code of the City of Richfield", entitled, "Building, Health,Zoning and Land Use Regulations", was read and reviewed by City Attorney Clayton LeFevere, the same being on file in the office of the city clerk. (C-229) Assistant Fire Chief Pat Coughlin responded to questions from council about the effects of the changes, and noted that the code has the same requirements as are now negotiated with building developers. Motion by Ludeman, second by Priebe that this constitute a first reading of Bill 1984-5, and that second reading of this ordinance amendment be scheduled for February 27, 1984. Poll of votes: Ayes - Kirsch, Ludeman, Priebe, Hamilton. Nays - None. Absent - Bunce. Carried. 12. Ordinance AmE eatine and. r Stores. First Reading. City Manager Cartwright reviewed the ordinance amendment relating to the Council Meeting Minutes -10- February 13, 1984 municipal liquor stores operation, stating this amendment encompasses several "housekeeping" items, and provides a section approving the use of credit card purchases. Motion by Kirsch, second by Bunce to close the hearing. All ayes - Carried. The motion by Ludeman to delete the reference to credit card purchase approval died for lack of a second. Bill 1984-6, "Amendment to Chapter XI, Section 11.01 of the Ordinance Code of the City of Richfield", was read and reviewed by City Attorney Clayton LeFevere, the same being on file in the office of the city clerk, (C-230) Motion by Kirsch, second by Bunce that this constitute a first reading of Bill 1984-6, and that second reading of this ordinance amendment be scheduled for February 27, 1984. Poll of votes: Ayes - Bunce, Rinsch, Priebe and Hamilton. Nays - Ludeman. Carried. 13. Reco~nendation to Establish and Fund Position of Video Production Manager/ Public Information Officer - -- - City Manager Cartwright outlined the proposal to recruit a professionally- trained individual to fill the position of Video Production Manager/Public Information Officer. This person would produce, write and tape video productions for all city departments and would supervise volunteers and the recruitment of crews to product video programs. This position would be fully funded from the 5% franchise fee the city receives from cable revenues. The city manager said the estimated 1984 year-end surplus is $62,193 in this account. Mr. Cartwright responded to council questions relative to franchise fees and the expected revenues of the account. Lawrence Wozniczka, 6744 Wentworth, said there are numerous costs associated Council Meeting Minutes -11- February 13, 1984 with adding this new cable TV employee. He said residents that do not subscribe to cable TV would not benefit and he is opposed to creation of this new position. Motion by Bunce, second by Kirsch to establish and fund the position of a video production manager. Poll of votes: Ayes - Bunce, Kirsch, Ludeman and Hamilton. Nays - Priebe. Carried. Council Member Priebe said his "nay" vote was based upon the financial information included in Council Letter No. 65, and the potential long-term cost to the city. 14. Lion to Insure a lied City Manager Cartwright discussed a communication received from N. O. I.S.E. (National Organization too Insure a Sound Controlled Environment) with a membership application. The annual dues for a city the size of Richfield would be $750. In Minnesota, the member cities are Minneapolis, St. Paul and Bloomington, and the city manager recommended the City of Richfield renew its membership. Council Member Priebe coum;ented on the benefits of membership and said he did not know why the city's earlier membership had been allowed to lapse. Motion by Kirsck~, second by Ludeman to defer this item to the next meeting, so that staff could determine why Richfield's membership had not been continued last year. All ayes - Carried. 15. Council Discussion Items Council Member Bunce advised that on March 11, 1984 the VFW will again fingerprint and photograph children, since its effort on Sunday had been so successful. He said the equipment is operated by the Folice Reserves. 16. Consent Calendar Motion by Ludeman, second by Bunce that the. following consent agenda items be approved: Council Meeting Minutes -12- February 13, 1984 A. Letter from Senior Citizens/Handicapped Commission Re Community Center Parkin Lot Receive and file letter from Senior Citizen./Handicapped Commission chairperson. (C-231) B. Additional Petition to Pave Alley 1984 RESOLUTION N0. 6865 RESOLUTION RECEIVING PRELIMINARY REPORT AND CALLING PUBLIC HEARING ON P~20POSED ADDITIONAL ALLEY PAVING CITY PROJECT N0. 793A RESOLUTION N0. 6866 RESOLUTION ORDERING PRELIMINARY REPORT ON PROPOSED ADDITIONAL ALLEY PAVING, CP 793A C. Authorization to Purchase Vehicle Authorize the city manager use of a city vehicle in lieu of a stipend and authorize purchase of a replacement vehicle, at an estimated purchase price of $7,500 - $8,500 with the 1981 Chevrolet Malibu to he placed in auction. D. Minutes;Tabulation of Bids and Award of Contracts for Txactors and Street Sweeper Industrial Type Tractors Authorize the purchase of two industrial type tractors from Carlson Tractor for a total net Bost of $20,792. Three-Wheel~T ,ge Mechanical Street Sweeper .. Authorize purchase of one three-wheel mechanical street sweeper from Mcqueen Equipment in the amount of $69,000, less a trade-in of $11,950 for a net cost of $57,450. E. Agreement with Hennepin County for Services Frovided Pursuant to Minnesota Emergency Development Act (MEED) Authorize execution of Public and Private Nonprofit Agreement for the Delivery of Employment and Training Services Minnesota Emergency Employment Development Act with Hennepin County. Council Meeting Minutes F. Payments and Estimates -13- Estimate ~~5, water meters, Water Products Co. - $22,993 Estimate ~1, muck excavation and granular fill, Richfield Lake, Blattner & Sons - $19,783.40 1 G. Licenses FEE WAIVED - RENEWAL - FOOD - Oak Grove Lutheran Church RENEWAL - AMUSEMENT DEVICES Chuck E. Cheese, 2900 W. 66th Street Green Mill Box Office, 61b E. 78th Street Davanni's, 2312 W. 66th Street Pilgrim Cleaners, 2901 W. 66th Street Food-N-Fuel, 6300 Lyndale Avenue Shakey's Pizza, 500 E. 78th Street ChiChi's, 7717 Nicollet Avenue Dairy Queen, 7533 Lyndale Avenue Embers, 6500 Penn Avenue Godfather Pizza, 2 W. 66th Street Godfather Restaurant, 708 W. 66th Street Sandy's Tavern, 6612 Penn Avenue REI~TEWAL - NONINTOXICATING MALT LIQUOR Chuck E. Cheese, 2900 West 66th Street, Sandy's Tavern, 6612 Penn Shakey Pizza, 500 E. 78th Street Kenny's Restaurant, 6700 Penn Avenue Airport Bowl,. 7711 14th Avenue Shortstop Superette, 7034 Cedar The Inn, 7640 Cedar Avenue Superamerica Stations, 7720 Nicollet, 826 W. 66th Street, 7500 Lyndale Avenue, 2913 W. 66th Street RENEWAL - MOTOR VEHICLE Walser Imports, Inc., 7745 Penn Avenue Walser Buick, 2100 W. 78th Street RENEWAL - BOWLING ALLEYS Lariat Lanes, 6320 Penn Avenue Airport Bowl, 7711 14th Avenue RENEWAL - MOTEL Colonial Lodge February 13, 1984 50 machines 1 machine 1 machine 1 machine 1 machine 8 machines 4 machines 2 machines 1 machine 5 machines 6 pool tables, 9 machines 1 pool ta~aTez_ 3 machines off sale off and on sale off and on sale off sale on sale off sale on sale off sale 12 lanes, 1 pool table 12 lanes, 1 pool table 8 machines Council Meeting Minutes -14- February 13, 19:84 Licenses - continued RENEWAL - SAUNA Shangari=la Sauna, 6620 Penn Avenue All ayes - Carried. 17. Claims and Payrolls Motion by Bunce, second by Ludeman that the following claims and payrolls be approved: RIC~IFI~LD BANK & TURST Checks 4301/3458, 68175/68557 $1,173,206.62 SUMMIT STATE BANK Checks 65816/65868 General 4,330,617.45 Checks 31260/32272 Payroll 227,740.15 A11 ayes - Carried. 18. Ads9ourrnaent Motion by Kirsch, second by Bunce that the meeting adjourn. All ayes - Carried. Mayor ftamilton adjourn Date Approvedo February 27, 1984 3y a K. Bergh City Clerk 1