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04-23-1984CITY OF RICHFIELD REGULAR CITY COUNCIL MEETING April 23, 1984 ' The City Council of the City of Richfield met in regular session in the council chambers of the city hall on Monday, April 12, 1984, at 7:00 p.m. The meeting was called to order at 7:02 p.m. Council members present were Bunce, Kirsch, Ludeman, Priebe and Hamilton. Mayor Hamilton led all assembled in recitation of the Pledge of Allegiance. APPROVAL OF MINU'.CE,S Motion by Ludeman, second by Kirsch to approve the minutes of the March 26, 1984. Study Session and the minutes of the April 9, 1984 regular meet3.ng as presented. All voted aye, motion carried . PRESENTATIONS VOLT,TI~ITEER RECOGNITION WEII{ PROCLAMATION Mayor Hamilton read the "Volunteer Recognition Week Proclamation" which designates the week of May 6 - 12, 1984 as VOLUNTEER RECOGNITION WEFK. The proclamation urged all citizens to express their appreciation to those who volunteer their efforts to improve the quality of life for so many. PROCLAMATION FOR A SAFE HALLOWEEN FOR RICHFIELD CHILDREN Mayor Hamilton read the "Proclamation in Support of a Safe Halloween for Richfield Youngsters" and commended members of the Optimist Club for their good work in the 1983 Halloween celebration by organizing parties for children. RESPECT FOR LAW PROCLAMATION Council Member Ludeman read the "Respect for Law Week" proclamation which has been designated for the week of April 29 - May 5, 1984 by the Optimist Clubs and their members. Council Meeting Minutes -2- April 23, 1984 OPPORTUNITY BUR CITIZENS TO ADDRESS THE CITY OOUNCTL Lawrence Wozniozka, 674:4 Wentworth, spoke about sidewalk maintenance prob- lems in the LHN area, especially near Kentucky Fried Chicken and the Hub. He urged more strict enforcement for private/commercial property owners to clear snow from sidewalks. Al Sterner, of Attracta Sign Co., said his company had a sign permit returned to him because of a changed requirement regarding on-premise electrical sign applicants needing city council approval. Attorney L~Fevere said the city ordinance has long held the requirement for council approval. Mr. Sterner said he wished this could be taken care of through staff approval. Ms. Maude Bierbrauer suggested a larger sign welcoming people to the city be placed at the city borders. The city attorney said the size of the sign is often regulated by the state or county. Council Approval of Agenda - Motion by Ludeman, second by Bence to approve the agenda as presented. All voted aye, motion carried . 1. Consent Calendar Motion by Priebe, second by Ludeman that the following items be approved: Approval of Hub Superblock Final Plat RESOLUTION N0. 6881 RESOLUTION APPROVING PLAT OF RICHFIELD HUB SUPERBIACK B. Award of Contract for 1983 Sealcoating Project RESOLUTION N0. 6882' RESOLUTION ACCEPTING BID FOR 1984 SEAL COATING PROJECT ALLIID BLAC~tTOP CO. Council Meeting Minutes - -3- April 23, 1984 C. Appointments to 1984 Board of Review RESOLUTION N0. 6883 RESOLUTION CONFIRMING CITY MANAGER'S APPOINTMENT OF TWO RESIDENT N~ERS Ta BOARD OF REVIEW D. Purchases in Excess of $5,000 Vac-All Authorize Ruffridge-Johnson Equipment Co., Inc. to remount the existing Vac-All Model E5-16 on New Truck Chassis, install new GM4g3 Diesel Power Unit, a new sub-frame, engine control, battery and battery box, fuel tank, PTO drive to blower, muffler and supports, all necessary hardware, and to sandblast, prime and paint at a total cost of $26,500• Air Compressor Authorize the purchase of a Sullair Air Compressor from Hayden-Murphy Equipment Co. in the amount of $12,491.20. Asphalt Heater and Applicator Authorize the purchase from Cimline, Inc. in the amount of $10,400. 29 I-~ Riding Mower Authorize purchase of a Gravely GMr 8000 from Land Care and Equipment Co., with a ten foot cutting area, in the amount of $13,260, less $2,260 on a Ford 3000 tractor and cab for a total of $11,000. E. Award of Contract for 1984 Alley Paving RESOLUTION N0. 6884 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR 1984 ALLEY PAVING AND APPURTENANT WORK - C.P. 793 STANDARD SIDEWALK INC. OF MINNEAPOLIS F. Setting Joins Meeting of City Council, Housing and Discuss Alternative Housing Sites on Monday, April ~U, 'iyts4, ~ r.i~i. Authorize scheduling a joint meeting of the City Council, Housing & Re- development Authority, Community Services Commission and Planning Commission Council Meeting Minutes -4- April 23, 1984 to review the staff report on housing project alternatives for Monday, April 30, 184 at 7:00 p.m, G. Atmlication for Gambline License. Richfield Tnter~diate School Stm~ner Authorize the issuance of afee-waived gambling license to enable Richfield Intermediate School conduct a raffle on behalf of their Summer School Program. H. Payments and Estimates 1. Estimate 4, Fire Sfiation 1 and 2 Remodeling, Maersten-Brenny Consruction City Project 767 - $38,317 " 2. Estimate 1 and Final, E. H. Renner & Sons, Golf Course Well Pump Motor - $13,702.50 All voted aye, motion carried . 2. Ordinance Amendment Providin for the P Removal of _rees on_Public Property. Care and City Manager Cartwright reviewed the ordinance amendment which establishes °the ruts and responsibilities of the city and homeowner regarding planting and maintenance of trees located within the municipal street right-of--way areas. Motion by Ludeman, second by Bunce to close the hearing. All voted aye, motion carried . Bill 1884-11, "Amendment to Chapter IV 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-238) Motion by Ludeman, second by Priebe that this constitute a second reading of Bill 1984-11; that it be published in the official newspaper and that it be made a part of these minutes. Poll of votes: Ayes - Bunce, Kirsch, Ludeman, Priebe and Hamilton. Nays - None. Motion carried . 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 Council Meeting Minutes -5- April 23, 1984 these minutes: RESOLUTION N0. 6885 A RESOLUTION PROVIDING FOR A PERMIT CHARGE TO PERSONS WHO WISH TO PLANT, REMOVE OR MAINTAIN TREES ON PUBLIC PROPERTY Poll of votes Ayes - Bunce, Kirsch, Ludeman, Priebe and Hamilton. Nays - None. Motion carried This resolution appears as Resolution No. 6885 in Resolution Book No. 51. Motion by Ludeman, second by Priebe that the following resolution be adopted; that it be spread in the resolution boak and that it be made a part of these minutes: RESOLUTION N0. 6886 RESOLUTION APPROVIlVG AND ADOPTING A COMPRF~IELVSIVE TREE PLANTING AND MAINTENANCE PLAN FOR THE CITY OF RICHFIELD Po11 of votes: Ayes - Bunce, Kirsch, Ludeman, Priebe and Hamilton. Nays - None. Motion carried This resolution appears as Resolution No. 6886 in Resolution Boob No. 51. 3. Ordinance Amendment Re 'Junked' or Abandoned Vehicles. Second City Manager Cartwright reviewed the amendment to the section of the city ordinance code relating to outside parking and storage, as presented in Council Letter No. 156. He said this amendment will increase the ability of the Public Safety Department to enforce this ordinance concerning dunked or abandoned cars on private property. Motion by Bunce, second by Ludeman to close the hearing. All voted aye, motion carried . Public Safety Director Morgan said officers cannot enter vehicles without a search warrant. He also suggested that side and backyards be treated as re- Council Meeting Minutes -6- April 23, 1984 strictively as frontyards for purposes of dunked vehicle parking, and said staff may recommend further amendments to help improve enforcement. Bill 1984-12, "Amendment to Chapter III, Section 3.38 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-239) Motion by Bunce, second by Kirsch that this constitute a second reading of Bill 1984-12, that it be published in the official newspaper and tl~t it be made a part of these minutes. Poll of votes: Ayes - Bunce, Kirsch, Ludeman, Priebe, Hamilton. Nays - None. Motion carried. 4. Ordinance Amendment Increase in the Number of Licenses City Manager Cartwright reviewed the proposed revision to the taxicab ordinance which would increase the number of licensed taxicabs in Richfield from 115 to 120. He said Wells Taxi has asked for Richfield licenses as the applicant said their company has a number of customers in Richfield. Ron Bartels, vice president of Suburban Cab Company, 9309 Lyndale, said it is an expense for his drivers to "deadhead" back from a locale and he was in favor of raising the maximum number of licenses and even removing any limit, Henry C. Bierbrauer, of Town Taxi Co., said he has no problem expanding the limit on the number of licenses, but that in states which have deregulated the taxi business, fares have increased from 50% to 70~. Motion by Ludeman, second by Priebe to close the hearing. All voted aye, motion carried . Motion by Ludeman, second by Bunce to increase the maximum number of taxicab licenses granted from 115 to 130. All voted aye, motion carried . Council Meeting Minutes -7- April 23, 1984 Ron Wells, 7600 Penn Avenue, owner of Wells Cab Co., said he was a Vietnam veteran and had fought for freedom and choices; that he was displeased about restrictions on his cabs operating in Richfield, Minneapolis and Bloomington. Bill 1884-13, "Amendment to Chapter VI, Section-6.20 of the Ordinance Code of the City of Richfield Entitled 'Taxicabs "', was read and reviewed by City Attorney Clayton LeFevere, the same being on file in the office of the city clerk. (C-240) Motion by Ludeman, second by Bunce that this constitute a first reading of Bill 1984-13; and that second reading of this ordinance amendment be scheduled for May 14, 1984• Poll of votes: Ayes, Bunce, Kirsch, Ludeman, Priebe and Hamilton. Nays - None. Motion carried. 5. Ordinance Amendr~nt Defin Broadcast Vehicles. and Providin for TheirOperation obile Ice Cream Vendors Vehicles First Rea ° City Manager Cartwright reviewed the proposed changes to the ordinance relating to "sound trucks" that had been prepared by the City Attorney as a result of the license request of Blue Bell Ice Cream Inc. to operate a mobile concession business in the area. He said a representative of Blue Bell had agreed upon the following restrictions: 1. The vehicle would not be operated on July 4; 2. The vehicle will not sell products on arterial streets; and 3. The operator of the vehicle will not compete with concession stands operated in the city parks. Motion by Ludeman, second by Priebe to close the hearing. All voted aye, motion carried . Bill 1984-14, "Amendment to Chapter VI, Section 6.14 of the Ordinance Code Entitled 'Sound Trucks "', was read and reviewed by City Attorney Clayton Council Meeting Minutes -8- April 23, 1984 LeFevere, the same being on file in the office of the city clerk. (C-241) Motion by Kirsch, second by Ludeman that this constitute a first reading of Bill 1984-14; and that second reading of this ordinance amendment be scheduled for May 14, 1984• Poll of votes: Ayes - Bunce, Kirsch, Ludeman, Priebe and Hamilton. Nays - None. Motion carried. 6. Resolution Urging Public Utilities Commission and Minnegasco to Implement a Conservation Improvement Pilot Program in Richfield Known as the ' House ~Joctor" Retrofit Component tha RC Fnr~rav n„~i t City Manager Cartwright reported there will be a public hearing on April 25, 1984 before the Public Utilities Commission which will be discussing public utility investment in residential energy conservation programs. The City Manager said he was requesting City Council support of the Energy Awareness Com- mission resolution to develop specific programs in Richfield and to direct the City Manager to advise the PUC of Richfield's concern that Minnegasco's programs be delivered to all communities in their service area. Michael Noble, 3424 5th Avenue, president of Energy Outfitters, a private energy conservation contractor, told of past central city involvement and recommended this energy investment for Richfield and other suburbs. Mr. Noble also talked abut the "house doctor" program which requests financing from Minnegasco for grants or loans for reducing heat loss in Richfield homes. Motion by Ludeman, second 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. 6887 CITY POSITION ON UTILITIES ENERGY INVESTMENT PROGRAM Poll of votes: Ayes - Bunce, Kirsch, Ludeman, Priebe and Hamilton. Nays - Council Meeting Minutes None. Motion carried. Resolution Book No. 51. 7. -9- April 23, 1984 This resolution appears as Resolution No. 6887 in for an Amended Off-Street 7 40 Penn Avenue City Manager Cartwright introduced the request for an amended off-street parking permit of St. Richard's Ghurch. He asked Rick Jopke, City Planner, to explain the proposed changes. St. Richard's is proposing to replace their present complex by constructing a new narthex and worship space in its place. Mr. Jopke said the staff recommended council approval of this amended contract with the following stipulations: 1. Perimeter curbing be provided of a design of the perimeter • curbing to be approved by the city engineer; 2. Drainage plan be submitted to the city engineer for review and approval; and 3. The city council authorize the execution of an amended off-street parking contract. Council members asked staff to contact representatives of the church to review the ordinance requirements and council's actions on this item. Motion by Ludeman, second 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. 6888 RESOLUTION APPROVIlVG LAYOUT AND CONTRACT FOR OFF-STRE~.~ PARKING WITH THE CHURCH OF ST. RICHARD Name THE CHURCH OF ST. RICHARD Location 7540 Penn Avenue Richfield, MN 55423 Poll of votes: Ayes - Bunce, Kirsch, Ludeman, Priebe and Hamilton. Nays - None. Motion carried. This resolution appears as Resolution No. 6888 in Resolution Book No. 51. Permit for St. Richard's Council Meeting Minutes ~ -10- April 23, 1984 8. ~ uest to Waive L/H/N R~levelo went Area Urban Design Elements for a ~oo iS gn a .he a~ ry Queer,, th treat and First venue City Manager Cartwright introduced the request of Dairy Queen for per- mission to construct a rooftop changeable sign. He requested City Planner Rick Jopke to review this item. Mr. Jopke passed out a sketch of the proposed sign to council members and said the sign is out of character and scale with the LH[~ guidelines. He also said the Planning Commission has opposed rooftop signs. Council Member Priebe said Naegele has been allowed to place ZZ billboards up around town on pylons. Mr. Bence said he supports Mr. Dahl's sign request and he was in favor of advancing the cause of the small businessman. Motion by Ludeman, second by Kirsch to deny the request to erect a rooftop changeable letter reader bard. Poll of votes: Ayes -Kirsch, Ludeman and Hamilton. Nays - Bence and Priebe. Motion carried. 9. Consideration of Superamerica's Request for Temporary Ground Sign Permits City Manager Cartwright reviewed the request of Superamerica to erect a temporary ground sign at each of their four stations at the following locations: 1. 826 West 66th Street 2. 213 alest 56th Street 3. 7720 Nicollet Avenue 4• 7500 Lyndale Avenue The city manager said that Superamerica has also sumitted applications for promotional banners at the same locations and these have been approved admin- istratively. He recommended City Council approval of the requests for the ground signs. Motion by Bence, second by Priebe to approve the erection of temporary ground signs at the above locations of Superamerica for the period of Apri125 through May 25, 1884• In response to a council question, it was noted that Council Meeting Minutes -11- the maxi.munn allowed area of the signs is 12 square feet. April 23, 1984 All voted ayes, motion carried . 10. Council Discussion Items Motion by Ludeman, second by Kirsch to appoint Ms. Jane Myre, 7033 Oliver, to fill the vacancy that presently exists on the Southwest Human Services Commission. All voted aye, motion carried . 11. Claims and Payrolls Motion by Ludeman, second by Priebe that the following claims and payrolls be approved: RICHFIELD BAIL & TRUST Checks 4506/4539, 69461/69704 $627,815.67 SUMMIT STATE BALK Checks 1413/1433, 65984/65996 General $788,485.59 Checks 33651/34000 Payroll 240,825.25 All voted aye, motion carried . 12. Adjournment Motion by Ludeman, second by Bunce that the meeting adjourn. All voted ayes, motion carried Time: ~ Date Approved: 14th day of May 1984 ylv' K. Bergh ity C r