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04-09-1984 CITY OF RICHFIELD REJGULAR COUNCIL MEETING April 9, 1984 The city council of the City of Richfield met in regular session in the council chambers of the city hall on Monday, April 9, 1984, at 7:00 p.m. The meeting was called to order by Mayor John Hamilton at 7:00 p.m. Council members present were Bunce, Kirsch, Ludeman, Priebe and Hamilton. Girl Scout Troop #69 presented the colors and led the recitation of the Pledge of Allegiance. Approval of Minutes Motion by Kirsch, second by Priebe to correct the date listed on Page 6 as 1 All voted aye, motion carried. Proclmation in Support of Summer Olympic Games Mr. Ron.Kassa, 7438 Upton, representing the Richfield Jaycees, received a April 8, 1984, to April 9, 1984., and to approve the minutes of the March 26, 1984, city council meeting as amended. proclmation in support of the summer olympic games which had been read by Mayor Hamilton. April 9 - 13 is "Sign Up America Week" and Richfield citizens are urged to participate in this fund-raising effort for the U. S. Olympic Team. Council Approval of Agenda Motion by Bunce, second by Ludeman to remove items C,( Appointment to Human Rights Commission) and E, (Referral of Professional Office Zone Special Use Permit Amendment to the Planning Commission) from the Consent Calendar for council discussion and to approve the agenda as amended. All voted aye, motion carried. 1. Consent Calendar Motion by Bunce, second by Ludeman to approve the following items: Council Meeting Minutes -2- April g, 1984 A. Transitory Ordinance Providing for Capital Improvements. Second Reading. Bill 1984-10 Transitory Ordinance No. 17.13 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF MONEY FROM THE SPECIAL REVENUE FUND FOR CERTAIlV CAPITAL IMPROVF~MEN'I'S B. Richfield Recycling Program and Resolution Requesting Funding from RESOLUTION N0. 6878 RESOLUTION AUTHORIZING RECYCLING PROGRAM FUNDING RDaUEST FROM I1V COUNTY D. Sale of City Equipment from City Garage Authorization of sale of depreciated equipment as follows: Steel roller, pneumatic roller, distributor and storage tank to Ron Kruse and Co. for a total revenue of $6,875 and retain the mixers for use as trade-in at a later date. F. Contract Between the City of Richfield/Department of Public Safety and the State of Minnesota Department of Public Safety for Loan of an RESOLUTION N0. 6879 RESOLUTION FOR THE ADOPTION OF AGREEMENT BETWEEN THE MI[VNF~OTA DEPARTNE;NT OF PUBLIC SAFETY AND THE CITY OF RICHFIELD FOR LOAN OF INTOXILYZER 5000 EVIDENTIAL BREATH ALCOHOL TEST INSTRUMENTS G. Change Order #1 - Public Safety Improvement Project Authorization of Change Order #1 to the Maertens-Brenny Construction Company in a total amount of $8,?21.30. H. Concurrence with Hennepin County's Federal Aid Urban (FAU) 11 :] ~- . Council Meeting Minutes _~ RESOLUTION N0. 6880 April 9, 1984 A RESOLUTION SUPPORTING APPROVAL OF THE HENNE[~IlV COUNTY FEDERAL AID URBAN (F.A.U.) PROJECT SUBMITTAL F'OR COUNTY PROJECT 8056: CSAH 53 (W. 66TH STREET) WIDENING, CHANNELIZATION AND TRAFFIC CONTROL SIGNALS FROM YORK AVENUE SOUTH TO RUSSELL AVENUE SOUTH I. Request for Special Use Permit to Operate a Nursery School at 7201 4th Avenue South Approve request for a special use permit for Hope Presbyterian Church to operate a nursery school in the fall of 1984 for 80 preschool children in the former Portland Elementary School, with the stipulation that any fire code violations be corrected to the satisfaction of the Public Safety Department. J. Renewal Application for Gambling and Bingo Licenses for Fred Babcock Post 5555 ~ - Approve renewal of gambling and bingo licenses for Fred Babcock VFW Post 1 5555 for 1984. K. Renewal Application of Gambling License for Richfield American Legion Post Approve renewal of gambling license for the Richfield American Legion Post :~ #435 for 1984. L. Payments and Estimates 1. Estimate #3, D. H. Blattner & Sons, CP 7055, Muck Excavation and Granular Fill -Richfield Lake - $23,775.71 2. Estimate.#8, Water Projects, Project 703-1569, Water Meters - $21,000 M. Licenses Renewal Broadway Pizza, 7514 Lyndale Avenue Amusement Device New Richfield Youth Employment, 7000 Nicollet Amusement Device Renewal Donald L. Morrow Co., 5732 Standish Motor Vehicle Dealer Renewal Mobil Car Wash, 2816 W. 66th Street Car Wash Fee Waived License New Richfield Ice Arena Itinerant Food All voted aye, motion carried. 2. Public Hearing, Request for Renewal of On-Sale Wine License, Pontillo'-s dba Davanni's Council Meeting Minutes -4- April 9, 1984 City Manager Cartwright introduced the application of Davanni's for renewal of their on-sale wine license, which had been continued to this meeting inasmuch as their representative was not present at the previous council meeting. The city manager reported that all pertinent information was in order and recom- mended this renewal application. A representative from Davanni's was present at the hearing to respond to questions by the city council. Motion by Bunce, second by Kirsch to close the hearing. All voted aye, motion carried. ~ Motion by Priebe, second by Kirsch to `grant approval of the renewal of the on-sale wine license for Davanni's. All voted aye, motion carried. 3. Public Hearing, Year X, Community Development Block Grant Application City Manager Cartwright opened the public hearing relating to Year X Community Develoment Block Grant (CDBG) program. Community Development Director Dennis Kraft reviewed the projects proposed for funding under this grant program and listed in Council Letter No. 135 as follows: 1. Housing Rehabilitation Loans 2. Interest Write Downs , 3. Economic Development 4. Scattered Site Aquisition 5. Public Services Projects 6. Recycling Program 7. General Administration of Program 8. Community Center Improvements Mr. Kraft listed the staff recommendations for funding for each project and said these recommendations will be submitted to the Hennepin County Planning Area Citizens Advisory Committee on April 17. Community Services Director Don Fondrick commented on Community Center building improvements. Council Member Ludeman said he was concerned that the Council Meeting Minutes -5- April 9, 1984 $25,000 allocation for this project not be disbursed until a longer range plan is devised. He said he does not want to see funds wasted if the center is going to be remodeled or added to in the near future. Motion by Ludeman, second by Priebe to close the hearing. All voted aye, motion carried. Motion by Ludeman, second by Priebe to approve the CDBG allocations as recommended by the staff, subject to final review of improvements to the Community Center. Poll of votes:. Ayes - Bunce, Ludeman, Priebe and Hamilton. Nays -Kirsch. Motion carried. Council Member Kirsch said he voted "nay" as he wishes to remain consistent with his policy of opposing the government subsidizing daycare services. 4. Ordinance Amendment and Resolution Relating to Forestry Policy. First Rea City Manager Cartwright introduced an ordinance amendment concerning the forestry policy in the city. Community Services Director Fondrick said this ordinance establishes the rights and respansibilities of the city and homeowner with regard to planting, maintenance, care and removal of trees located within municipal street right-of-way areas. The ordinance also provides for a permit process for trimming and altering boulevard trees. Motion by Bunce, second by Ludeman to close the hearing. ' All voted aye, motion carried. In response to a question from council, Mr. Fondrick noted that oaks are not recommended for planting on boulevards due to their creation of acorns and other debris, but they will be planted in park areas. He recommended the council delay passage of the resolutions relating to fees until second reading of this ordinance. Council Meeting Minutes -6- April 9, 1984 Bill 1984-11, "Amendment to Chapter N of the Ordinance Code of the City of Richfield", relating to regulation of the use of streets, public ways, grounds and places, was read and reviewed by City Attorney John Dean, the same being on file in the office of the city clerk. (C-238) Motion by Bunce, second by Priebe that this constitute a first reading of Bill 1984-11, and that second reading of this ordinance amendment be scheduled for April 23, 1984.. Councilman Ludeman requested that the permit fee in the resolution to be considerd at a future meeting be dropped from $5.00 to $1.00. Poll of votes: Ayes - Bunce, Kirsch, Ludeman, Priebe and Hamilton. Motion carried. 5. Ordinance Amendment Regarding "Junked" or Abandoned Vehicles. First Reading. City Manager Cartwright reviewed the proposed ordinance amendment relating to enforcement efforts to require removal of abandoned or "junked" vehicles. He said the city attorney's office has incorporated improvements to the definition of a junk or abandoned vehicle into this amendment which should aid our officers in their enforcement efforts in this regard. Dennis Czupryna, 6521 1st Avenue, asked if this ordinance would affect 9 trailers, and Captain Richardson advised that it would not. Mark Hartle, 6332 - 17th Avenue, asked if this new ordinance would affect his father storing a car outdoors which they keep on blocks all winter. City Manager Cartwright advised that this ordinance would prohibit this type of storage as it has in the past. Motion by Ludeman, second by Kirsch to close the hearing. All voted aye, motion carried. Bill 1984-12, "Amendment to Chapter III, Section 3.38 of the Ordinance Code of the City of Richfield", entitled Special Provisions, Outside Parking and Council Meeting Minutes -7- April 9, 1984 Storage; was read and reviewed by City Attorney John Dean, the same being on file in the office of the city clerk {C-239) Motion by Ludeman, second by Kirsch that this constitute a first reading of Bill '1984-12, and that second reading of this ordinance amendment be scheduled far April 23, 1984. Poll of votes: Ayes - Bunce, Kirsch, Ludeman, Priebe and Hamilton. Motion carried. 6. Application for Three Taxicab Licenses from Wells Taxi City Manager Cartwright said a request has been received from Wells Taxi for taxicab licenses. He said that the city is limited by ordinance to granting 115 taxicab licenses and presently all are issued. Mr. Cartwright said the Public 'Safety Director has indicated there is no objection from his department if the city ouncil wishes to increase the number of licenses from the present 115 to 120. Mr. Cartwright recommended a public hearing be scheduled so that inter- ested parties may present information relating to the need for more taxi licenses. Motion by Bunce, second by Ludeman to seta public hearing on this issue for April 23, 1984. All voted aye, motion carried. ' 7. Blue Bell Ice Cream, Inc. Proposal to Operate a Mobil Ice Cream Vending Ve cle in Richfield City Manager Cartwright reviewed the application of Blue Bell Ice Cream Company for a license which would come under the Sound Trucks/Wagon Peddler category of the city's license code. He said the applicant requests a change to the ordinance which prohibits operation of such a vehicle on Sundays, election days, holidays nor any other day between the hours of 9:00 p.m. and 8:00 a.m. Council Meeting Minutes -8- April 9, 984 Mayor Hamilton said he was concerned about this truck being parked on busy streets such as Portland or Nicollet. He also expressed concern about this type of operation causing competition with local fund raising concession stands. Council Member Bunce said he was concerned about competition of this type of selling with the 4th of July parade or concessionaires. Glenn Barron, representative of Blue Bell Ice Cream, said there was no problem in their vehicles staying off mayor thoroughfares. He also said they lease vehicles to Jaycees for the July 4th event. He also said Blue Be11 Ice Cream personnel would avoid city parks where volunteer organizations operate concessions. Motion by Kirsch, second by Ludeman to direct the staff to prepare an ordinance to provide that the council may grant approval to peddlers to operate vehicles on Sundays and holidays and to operate in residential neighborhoods, for presentation to the city council at the April 23, 1984 meeting. All voted aye, motion carried. 8. Request to Rezone 6432 and 6444 First Avenue South from Residential to mmercial in Order to ExRand irst ederal Sav nas Loan's eller City Manager Cartwright presented the request of First Federal Savings & 9 Loan for rezoning of two lots it owns on First Avenue from Residential to General Commercial. The purpose of this request is to enable First Federal to expand its drive-up teller facility on the east side of the bank. Community Development Director Kraft used visual aids to show the geograph- ical area and which property is presently commercial or residential. Mr. Kraft noted both the staff and Planning Commission have recommended denial of this rezoning. Lawrence Wozniczka, 6744 Wentworth, said there should be fro public hearings on rezonings. 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'~uTuozaz s-~t~. ~.nogs an-~suaua,zdd8 ~,zan a.zs s.zoqu~Tau s-~cz pue au pis ' anuan~ ~.s ~ - 60tr9 ' ~.zaquajTsx j.~8x •~utuoza.z pasodosd sue. off. uo~~.-~soddo huts -sa.zdxa sa.zt~}.eu~Fs S5 t~.FM (L~z-a) uo~r~.T~.ad a pa~.uasa.zd ~iauy •tssodo.zd ~uTtzoza,z sue. off. uoT~.Tsoddo uT axods ' anuan~ ~.s ~ 0z~g ' uos.za~.ad uana~.s • siy~ pue •.zy1 •~dsospuat pue ~urm.zaq t~.-~M ~uF.za~~r-q off. p-~Ed aq uot~.ua~-E ~.sq} tTounoo atP. pa.znssa aH '~TTTos~ .zaTTaa- t8uo-~~-~PPE sue. as-a~.Ts -saoau off. uMO,z~ seu ssauTsnq aua. piss ag •uo~suBdxa ~.~jFos~ .zaTTa~. pasodoad aua..zo~ ustd a~.-~s E pa~.uasa.zd js,zapa,~ ~.s.zT,~ ~ur~.uasa.zdaz ~.oa~~o.zs au,I, •~eads off. aTdoad ,zo3 amp- a~} pue ~u~r.z8aq oTTgnd aua. s-~ ~.u~-~uoa- ~.~. uo~rss-~mmo~ tutu -u~eT d pue ~~}.s ~q pa.znsss saM aus pis ' anuany ~.s ~ pig ' uos.za~.ad uaatua.Ex • pa,z-~nbaa ~TT~uTm sT ~a[.IM spaaoxa AT~.uanba.z~ Pta~~toTTi ~nq ~~-spasm sT ~,zsaq oTjgnd auo ~.Bu~. uo~do s~ s-~ ~.-~ pTss pus suot~.so-~Tgnd ts~aT ~u-~p.ze~a~z Z9~ 'u~ X861. `6 t~~d~ -6- sa~.nuFy~ ~u~~.aaW ttounoa Council Meeting Minutes -10- April g, 1984 9. Gambling License Application for Rollin' Tigers Citizen Band Radio Club City Manager Cartwright reviewed the request of the Rollin' Tigers Citizen Band Club for a fee waived gambling license to conduct a raffle on April 14, 1984 at the VFW Fred Babcock Post 5555 for their annual benefit for Camp Super- kids. He recommended approval of this license as the council has issued such a license for this organization in the past. Motion by Bunce, second by Ludeman to grant a fee waived gambling license to the Rollin' Tiger Citizen Band Radio Club. All voted ayes, motion carried. 10. Renew Application for On-Sale Nonintoxicating Malt Liquor License, And City Manager Cartwright reviewed the request of Church of St. Richard for renewal of their on-sale nonintoxicating malt liquor and gambling licenses. The church has requested a waiver of fee on the nonintoxicating malt liquor license and the raffle license, but has paid the required fees for the bingo and pull tab activities. The city manager recommended council approval of these licenses. Motion by Bunce, second by Priebe to renew the fee waived on-sale nonintox- icating malt liquor license and the fee-waived raffle license, and to approve the bingo and pull tab licenses. All voted aye,. motion carried. 11. Approval of Plans and Specifications and Authorization to Advertise for Memor al Par Improvemen City Manager Cartwright presented the proposal for improvements at Memorial Park which will be funded by Special Revenues monies 9.n the amount of $200,000. Community Services Director Fondrick and the park planning consultants reviewed a series of slides depicting the planned improvements. Council Meeting Minutes -11- April 9, 1984 Council Members Ludeman and Kirsch expressed concerns about the need to plan for additional parking areas for city hall, including the possibility for underground parking under the tennis court area. Motion by Bunce, second by Priebe to approve the plans and authorize the advertisement for bids for the Memorial Park project. Poll of votes: Ayes - Bunce, Priebe and Hamilton. Nays - Ludeman and Kirsch. Motion carried. 12. Annual Financial Report, Fiscal Year Ending 12/31/84 Assistant City Manager/Administrative Services Director Ron Rankin reviewed financial reports for fiscal year 1983. The General Fund had a $2,787,000 fund balance at year end compared to $2,334,000 at the end of 1982. The Water Fund had an improved financial performance which has enabled acceleration of the water meter installation program. The Municipal Liquor Operation had a very successful year with income before transfers increased to $520,000 compared to $488,000 in 1982. It was also noted that the Richfield municipal liquor operation in 1983 maintained its position as the most profitable operation in Minnesota. Mr. Rankin complimented the liquor operation and operating depart- menu for their efforts to reduce the costs of operations. Council inquired about the level of charges from the Metropolitan Waste Control Commission for sewage treatment, and asked that the effect of these charges on city sewer rates be publicized to Richfield residents. 13. Opportunity for Citizens to Address the City Council Dennis Czupryna, 6521 1st Avenue, asked if he could speak to the council as he was unable to appear at the time alloted for this opportunity. His concern is about the buffer area behind the stores on Nicollet, south of 65th Street. He said snow collects rubbish and after the snow melts it blows into his and his neighbors yards. He said the city or property owners should do a Council Meeting Minutes -12- April 9, 1984 better job in keeping that area clean. He also said parking is bad near ,the new Lincoln Properties development. Mr. Fondrick said he will speak to represent- atives of Lincoln Properties and ask that maintenance be improved. If it is not, the city will maintain the area and assess the property owners. Robert Sinclair, 6439 1st Avenue, said people on 67th Street are concerned ,about the parking problems being generated by the new buffet restaurant. City staff was directed to meet the developers of this project for resolving the complaints. 14• (1C) Appointment to Human Rights Commission Motion by Ludeman, second by Priebe to appoint Mr. Tollie Flippin to fill a three year term, expiring January 1986, on the Human Rights Commission. All voted aye, motion carried. 14• (1E) Referral of Professional Office Zone Special Use Permit Amendment to the Planning omaniss on Motion by Kirsch, second by Ludeman that no referral to the Planning Commision be made on the professional office zoning amendment provisions. . Poll of votes: Ayes -Kirsch, Ludeman and Hamilton. Nays - Bunce and Priebe. Motion carried. 16. Council Discussion ' Council Member Bunce discussed winter snow plowing concerns relating to people who store or park cars in their front yards when snow falls exceed three inches. 17. Claims and Payrolls Motion by Ludeman, second by Bunce that the following claims and payrolls be approved: Council Meeting Minutes -13- RICHFIELD BA1~{ & TRUST Checks 4459/4505, 69201/69460 SUMMIT STATE BA1~K Checks 65955/65982 General Checks 32649/33596 Payroll All voted aye, motion carried. 18. Adjournment Motion by Kirsch, second by Priebe tha~ All voted aye, motion carried. Date Approved: Aprii 23, 1984 ylv K . r Clerk April 9, 1984 $624,972.70 X753,733.44 232,356.38