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10-08-1984CITY OF RICHFIELD; MINNESOTA REGULAR COUNCIL MEETING OCTOBER 8, 1984 1 MEMBERS PRESENT: John Hamilton, Mayor Council Members: Howard Bunce; Martin Kirsch; Ivan Ludeman; and, Donald Priebe STAFF PRESENT: John Cartwright, City Manager; Clayton LeFevere, City Attorney; Sylvia Bergh, City Clerk; Don Fondrick, Community Services Director; Dennis Kraft, Community Development Director; and Tom Morgan, Public Safety Director . The meeting was called to order at 7:05 p.m. APPR VAL OF MI Councilmember Ludeman asked that the minutes of the regular meeting of September 24: 1984, be corrected on Page 4, .to show his motion to accept Richfield Lake cost estimates included the following items: (2) fill to the normal ordinary high water mark .of 115.8' ($4,000); (3) add two 18" culverts ($700); (4) extend 20 culverts 3' each side ($2,000); (5) rip rap ($1,000); and raise the tot lot elevation to 116.5'• M/Ludeman, S/Kirsch to of September 24, the minut Motion carried 5-0. RESOLUTION N0. 6958 RESOLUTION OF APPRECIATION TO RICHFIELD WATER PLANT EMPLOYEES FOR OUTSTANDING WATER QUALITY IN RICHFIELD I the amended minutes of the Item #1 P A ION L ON PREC AT N LOY 0 RICHFIELD WATER PLANT FOR OUTSTANDING WATER QUALITY Mayor Hamilton read a resolution of appreciation to employees of the City water plant. Richield was recently named by the Minnesota Department of Health as having the nearest to perfect drinking. water in the Metropolitan Area for the second year in a row. Item #2 COUNC L APPROVAL OF AG A M/Ludeman, S/Bunce to remove. Item_F,_"Council Consideration of a Request for Permit for Illuminated ign, 7744 Penn venue", rom the Consent Calendar and Mace it on the agenda under Administrative Reports and Other Business. Council Meeting Minutes -2- Motion carried 5-0. Item #3 N October 8, 1984 M/Ludeman, S/Buuce that the following items be approved: A. COUNCIL CONSIDERATION OF DEPOSIT AGREEMENT WITH KENTUCKY FRiID CHICKEN FOR PAXMENT OF SIGNAL INSTALLATION AT THE INTERSECTION OF 66TH AND PILLSBURY AVENUE B. COUNCIL CONSIDERATION OF A REt~UEST FOR CHANGE ORDER TO INCREASE THE COSTS OF THE PUBLIC SAFETY IMPROVEMENT PRCkTECT C. COUNCIL OONSIDERATION OF JUDGES RESOLUTION FOR NOV. 6, 1984 GENERAL ELECTION RESOLUTION N0. 6959 RESOLUTION PROVIDING FOR POLLING PLACES AND DESIGNATING JUDGES FOR STATE WIDE GENERAL ELECTION-NOVEMBER 6, 1984. D. COUNCIL CONSIDERATION OF A REI~UEST FOR PERMIT FOR ILLUMINATID SIGN E. COUNCIL CONSIDERATION OF PURCHASE IN EXCESS OF $5,000 FOR ENERGY MAINTENANCE-SYSTEM - RICHFIELD LIQUOR STORES Approve the purchase of an energy management system from Common Sense Energy Improvement Systems at a cost of $8,885. G. ESTIMATE NO. 1, SITE CONSTRUCTION-MEMORIAL PARK -ASPHALT CONTRACTING INC. $30,144 H. ESTIMATE N0. 3, AUTOMATIC SPRINKLER-RICHFIELD SHOPPES -VIKING AUTOMATIC SPRINKLER, CP 806 - $3,402 I. ESTIMATE N0. 3, BUILDING RENOVATION-MEMORIAL PARK - CP 788, NORDING CONSTRUCTION CJO. $26,125.20 J. RDaUEST FOR A RESIDENTIAL KENNEL LICENSE, HERMAN RUDE OF 7430 BLAISDELL AVENUE -FOR FOUR DOGS Motion Carried 5-0. Item #4 COUNCIL CONSIDERATION OF A RFJaUEST FbR A SPECIAL USE PERMIT TO CONDUCT A USID CAR LOT BUSINESS AT 1816 EAST 66TH STREET City Manager Cartwright reviewed the request of Mr. Bruce Drury for a special use permit to operate a used car sales lot at 1916 East 66th Street. The business would operate out of an existing structure. Mr. Cartwright said [1 1 Council Meeting Minutes -3- October 8, 1984 staff was concerned about the lack of off-street parking areas for employees and customers and, together with the Planning Commission had recommended denial of this special use permit. M/Bunce, S/Ludeman to close the hearing. Motion carried 5-0. M/Bunce, S/Kirsch to deny this special use application. Motion carried 5-0. P 0 N' Item #5 UN L CO S TO ORDI A REG TI CONSUMPTION OF BEER AND WINE ON ELECTION DAYS. First Reading City Manager Cartwright advised that state law now permits the sale of wine and beer at liquor establishments on state election days. He reviewed a pro- posed ordinance which would bring our city ordinance into conformance with state statutes. Bill 1984-20, "Ordinance Amending Section 11.02, Subd. 8, Paragraph (4) and Section 11.08, Subd. 16 of the Ordinance Code of the City of Richfield Relating to the Consumption of Beer and Wine", was read and reviewed by City Attorney Clayton LeFevere, the same being on file in the office of the City Clerk. - (C-248) • M/Bunce, S/Kirsch that this constitute a first reading.of Bill 1984-20; and Motion carried. 5-0. Item #6 C CONSID TIO OF AMENDMENT TO SECTION 3.47, SUBD. 19 0 THE MUNICIPAL CODE OF ORDINANCES REGULATING TEMPORARY ELECT'ION SIGNS. First Reading. City Manager Cartwright reviewed the proposed amendments to the ordinance regulating temporary political signs,~as explained in Council Letter No. 354• He also reviewed additional stipulations relating•to this subject as provided by the City Attorney. Mayor Hamilton questioned Councilmember Bunce about the placement of his campaign-signs in his race for County Commissioner one day early, in violation of the current ordinance which specifies signs may be exhibited 28 days prior to election. Mr. Bunce said he wishes to modify the present ordinance to allow placement of signs 31 days prior to election to allow erection of signs on a Saturday. Public Safety Director Morgan discussed joint enforcement of sign violations with Community Services Director Fondrick. He said he would like Council Meeting Minutes -4- October 8, 1984 the ordinance to enforce the placement of signs 12 feet from the curbline. Council requested the following changes to the ordinance: Para 2 - "No sign may ~ placed more than thirty-one (31) days before the date of a primary, special or general election..."i Para 7 -"No sign may be located within 10 feet of a surfaced roadway." Para 8 - "No sign may be placed within the 50 foot visibili triangle at street intersections." Bill 1984-21, "Amendment to Chapter III, Part V, Section 3.47, Subdivision 19, 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-249). M/Ludeman, S/Priebe that this constitute a first reads of Bill 1 and that second readin .of this ordinance amendmen schedu ed or N 1 198 . PUBI1(, IV- Item #7 COUNC L CO SID ION OF A RECONlN1ENDATION TO NEGOTIATE FOR THE PURCHASE OF 7438 EL~RSON AVENUE FOR PARK PURPOSES City Manager Cartwright reviewed the proposal to authorize negotiations for the property at 7438 Emerson Avenue. Community Services Director Fondrick responded to council questions. He said removal of the house would provide more play space and that no major park construction is planned. Mrs. Lilly Kyiander, 7424 Emerson, appeared in opposition to this proposed acquisition by the city. She said that if the park abuts her property she wants a 15 foot high cyclone fence to protect her property . M/Ludeman, S/Kirsch t_o_ authorize negotiation for this purchase at a nice not to exceed $80,000. Motion carried ~-0. Item #8 IL N IDERA F RE MMEND 0 TO P PROPERTY AT 674.4. IRVTNG AVEIWE FOR PARK PURPOSES City Manager Cartwright introduced the staff proposal to purchase the property located at 6744. Irving Avenue for park purposes. This is located in the southeast corner of Monroe Park. Both the Planning Commission and the Community Services Commission recommend acquisition. Community Services Director Fondrick spoke of the need for open land and open space within Richfield and that this land must be safeguarded for future generations. Council Meeting Minutes -5- October S, 1984. Councilmember Ludeman said he was opposed to the purchase of this home .for parkland use. He said the asking price was exorbitant and the city can find better use for its money. Councilmember Priebe indicated his agreement with Mr. Ludeman. M/Ludeman, S/Priebe to deny the purchase of this property. Motion carried 5-0. 1 RE~Li~! IONS Item #9 UNCIL TION 0 IP P I0 SOLU ON ORD PLANS AND SPECIFICATIONS FOR STORM SEWER OUTLET IMPROVEMENTS FOR THE RICHFIELD STATE AGENCY PROJECT City Manager Cartwright presented the request of Richfield State Agency for the City to construct a storm sewer from its property to Richfield Lake. Mr. Cartwright said the sewer is necessary to serve the depressed parking area. Richfield State Agency will be specially assessed for costs of this project. M/Kirsch, S/Priebe to accept the petition. Motion carried 5-0. M/Kirsch, S/Priebe that the gad in the resolution book a ' RESOLUTION N0. 6960 RESOLUTION ORDERING IMPROVEMENT AND PROVIDING FOR PREPARTION OF PLANS AND SPECIFICATIONS CITY PROJECT N0. t Motion carried 5-0. This resolution appears as Resolution No. 6860 in Reso ution ook o. 5 . Item #10 COUN L SIDERAT ON OF UT N REL TI CO ABOUT PUBLIC EMPLOYEES RETIREMENT ASSOCIATION BOARD ACTIONS REGARDING THE APPOINTMENT PROCESS FOR HIRING INTERIM EXECUTIVE DIRECTOR ' City Manager Cartwright reviewed the resolution presented by Metropolitan Area Management Association of the Twin Cities area in which it expressed concern about the appointment process recently used by the Public Employees Retirement Association Board members to hire an interim Executive Director of PERA. He recommended the City Council adopt the resolution adopted by the Metropolitan Area Management Association. The League~of Minnesota Cities also endorses the MAMA ,petition. Council Meeting Minutes -6- October 8, 1884 M/Ludeman, S/Bunce that the following resolution be adopted; that it " spread in the resolution book and that it be made a part o t ese minutes RESOLUTION N0. 6~1 RESOLUTION REGARDING THE APPOINTMENT PROCESS FOR HIRING AN INTERIM EXECUTIVE DIRECTOR FOR PERA Motion carried5-0. This resolution appears as Resolution No. 6861 in Reso u ion ok o. 52. MINI & BUS NS IO F A UEST R P T FOR ILLUMINATED SIGN, 7744 PENN AV~NE - C.L. 351 -- - M/Ludeman, SiKirsch to table this item until 10/22/84 so-that backup-could be provided on this item. ' Motion carried 5-0. Item #11 CO D S SS OF IGIB L TY I LIS DAY CARE APPLICANTS City Manager Cartwright reviewed the income guidelines that have been established by the Greater Minneapolis Day Care Association for qualification to participate in the Richfield Community Development Block Grant Funding Sliding Fee Daycare Assistance Program. Mr. Jim Nicholie, of the Greater Minneapolis Daycare Association (GMDCS) told of the needs of recipients of this program. He said the county and state have additional day care programs to"serve very low income families. Mr. Cartwright recommended, based on his discussions with the GMDG"5, that the eligibility guidelines be left as is and that council members indicate to the state legislators that there is a need to provide higher levels of funding of funding for daycare programs in the state. Mayor Hamilton accepted the report and said no action was requird on this agenda item. Item #12 COUNCIL CONFIRMATION 0 APPOINTN~IVT TO THE HOUSING AND RIDEVELOPMENT AUTHORITY Mayor Hamilton advise Housing and Redevelopment mended that Mr. Ludeman Authority. M/Prie'oe, S/Kirsch to said term of office d that HRA Commissioner Ivan Ludeman's-term on the Authority will expire October 27, 1984. He recom- be reappointed to serve a five year term on the appoint Ivan Ludeman to serve a five vear term on the co s 1 Council Meeting Minutes -7- October 8, 1984 Member. Motion Carried 5-0. Ttem #13 APPOINTMENTS Ta VARIOUS CITY ADVISORY COMMISSIONS City Manager Cartwright presented the applications of those citizens in- terested ir.~ serving on city advisory commissions for city council approval. The council made the following appointments: COMMUNITY SERVICES COMMISSION M/Ludeman, S/Kirsch to appoint the following for terms expiring January 31, 1987: Marlys Michalak Richard Sta~leaf Motion carried 5-0. FOURTH OF JULY COMMITTEE M/Ludeman, S/Kirseh to appoint Phoebe Nelson to serve a term expiring October 1, 1985. Motion carried 5-0. SISTER CITY INTERNATIONAL M/Kirsch, S/Ludeman to appoint the following: Abdelhak Barbouche Debra Nawman Julie Swenson Motion carried 5-0. Mayor Hamilton will serve as liaison to this comet ss on. HUMAN RIGHTS COMMISSION M/Ludeman, S/Bunce to appoint Patricia Bluem. Motion carried 5-0. M/Bunce, S/Ludeman to appoint students Chris Koch and Stacy Butterfield. Motion carried 5-0. Item #14 COUNCIL CONSIDERA ION OF RII'1 T R N ERA ION OF UL T 0 FOR INSTALLATION OF SCREEN WALL AT NAUTILUS SWIM AND HEALTH CENTER Council Meeting Minutes -8- October 8, 1984 City Manager Cartwright presented the request from Nautilus Swim and Fitness Club for council consideration to remove the requirement of install- ation of a masonary screening wall to screen the loading area. Community Development Director Kraft reviewed the five reasons listed by the owners of Nautilus on why the screen wall would not be necessary as outlined in Council Letter No. 360 as, follows: _ 1. That there are no new delivery doors 3.n the area; 2. Tyre will be no storage of trailers or other vehicles iri the area; 3. That access needs to be maintained to the west side of the Snyder Drug and Hauser Food Stores because deliveries are made to those doors by smaller utility type vehicles; 4. The construction of the screening wall would prohibit use of the area for employee parking spaces; 5. That other developments in the area have not been required to develop masonary screening walls but were allowed to use a wood fence instead. Councilmembers criticized Nautilus' lack of compliance to make traffic control changes in the parking lot. Mr. Bruce Snyder, property manager of the Nautilus site, apologized to the council for the various delays cited. M/Ludeman, S/Kirsch to r uest the Nautilus or' 'nation to correct all outstanding errors, delays and safety hazards and sehe ule reconsidera ion of this item for the next city council meeting. Motion carried. 5-0. Item #15 C70 T 0 OFF-~ PARKING PERMIT AT HUB SHOPPING CENTER City Manager Cartwright presented the request from Goldome National Corporation for release of their performance bond in connection with construction of HUB Shopping Center. Goldome is one of three companies that has ownership in the area. The City Manager recommended council release the performance bond. M/Buuce, S/Priebe to release the performance-bond provided by Goldome National Corporation as requested. Motion carried 5-0. Item #16 COUNCIL CONSID ION OF RDa T FnR OFF-STREET-PARK NG CONTRACT AT 1200 EAST 78TH STREET City Manager Cartwright presented a revised off-street parking contract submitted by David Webb, developer of a restaurant on the site of the former Council Meeting Minutes -9- Octobe 8,~ 1984. Robert-Hall building. He indicated city council approval of this amended off- .street parking permit is required before a building permit can be issued.. He recommended that the easterly parking at the northeast corner of the-site be designated for a turn around space. M/Kirsch, S/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. 6962 RESOLUTION APPROVING LAYOUT AND. CONTRACT FOR OFF-STREET PARKING IN ACCORDANCE WITH APPLICATION N0. 84-1, CONTRACT N0. 2356 Name: David Webb Address: 513 Summit Avenue St. Paul, MN 55102 Location: 1200~E. 78th Street Use : Restaurant Motion carried 5-0. This resolution appears as Resolution No. 6962 in Reso u ion k o. 52. Item #17 COUNCIL CONSIDERATION 0 RF1aUEST FOR APPROVAL OF CONTRACT WITH MINNEGASCO FOR ENERGY CONSERVATION PROGRAM City Manager Cartwright reviewed the proposed agreement between the City and Minnegasco for implementing a portion of the energy conservation program. He indicated the City Attorney had reviewed the agreement which defines the working relationship between the City and Minnegasco. M/Ludeman, S/Priebe to authorize the execution of an agreement with Minne- gasco for serv3.ces to_be_provided during the 1984-85 heating season. Motion carried 5-0. Item #18 SID 0 0 E'1'rING SP AL ME D City Manager Cartwright reviewed the special meetings scheduled for the remainder of .the year, which are the following: October 22 - 5:30 -Storm Sewer Improvements October 29 - 7:00 -Joint City Council/Planning Commission November 13 - 530 - Joint City Council/Senior Citizens/Handicapped Comm. November 13 - 7:00 - Regular City Council Meeting (November 12 is a holiday) November 26 - 5:30 - Joint City Council, HRA/Planning Commission/Community Services Advisory Commission on Legion Lake December 10 - 5:30 -Joint City Council/State Legislators (tentative) December 24 - City Holiday. Council meeting for that date should be either canceled or rescheduled to another date. Council Meeting Minutes -10- October 8, 1984 M/Priebe, S/Ludeman to a rove all meetin dates mbar 24 meeting to be canoe ed.. Motion carried 5-0. Item #20 PAYR LLS M/Bunce, S/Priebe that the following claims and payrolls be approved: RICHFIELD BA1~K & TRUST Checks 49970/50330, 72729/72975 $711,139.81 FIRST WESTERN BALK Clicks 17670/17910 Regular 671,498.43 Checks 38643/38993 Payroll 232,787.78 MINNESOTA FIDERAL Check 10030 15,000.00 Motion carried 5-0. ADJOURNMENT M/Kirsch, S/Ludeman that the meeting Motion carried 5-0 Date Approved: October 22, 1984 6 y Ber er ~' ~.~ adjourn. Time: 1 •0 p.m. r,r ~. Hami ayor . r ght i gar