04-28-1975CITY O.F RTCHFTELD
REGULAR MEETING
Apr i7. 28, 1975
The Council: of the City of Richfield met in regular session in the Council
Chambers of the City Hall on Monday, April 28, 1975 at 7:00 p.m.
Rev. Michael Wallman gave the invocation.
Th.e meeting was cs.lled to order by Mayor Law.
Present: Anderson,-Jacobsen, ludeman, Luettinger, Law
Absent: None
1. Minutes
Motion by Anderson, seconded by Luettinger, that the minutes of the
April. 14 and t#pril 15, 1975 meetings be accepted as presented.
All ayes ~ Carri.ed.
2.
S~
peal to the Building, Health
er
Wa}~ne Burggraaff, city manager, presented. an appeal from Mr. .Tack Langer
re Code Board Re Installation of
and-Kamer Plaza_requestng a hearing before-the Board of Appeals to obtain a
waiver from a code violation recprded by the Department of Public Safety, Fire.
Division, against .the property located at 410 West 65th Street and 6463 Lyndale
Avenue.
Mr. Burggraaff read .Section. 3'.13 of subdivision 8 of the city code which
establishes the city council as the Board of Building, Health and Fire Appeals.
It was- noted that the appeal was being made by the tenant of the premises and
that the property owner, Ahlquist Properties, had chosen not to appeal the
notice .of the-code violation.
.Richard Simpson, f-ire chief, reported that the property in question
violated the Fire Prevention Code, Section 14.4, the Uniform Building Code,
Chapter 38 and-the Ricli~ield City Code,. Sections 3.02 and 3.09. He also
Council Meeting Minutes -2- April 28, 1975
reported on inspection of the basement area of 6463 Lyndale Avenue stating it
presented a hazard to the adjacent structures as well as the persons working
in the proximity of the area and the fire personnel who may be required to
extinguish a fire at the location.
Adrian Herbst, attorney for Jack Langer, owner of Korner Plaza, appeared
and requested the board members review the premises to determine if the location
is a hazard before a decision is made. He suggested the following possibilities
in lieu of the installation of a sprinkling system:
1. Regular inspection by fire inspectors,
2. Require proper posting at entrances, i.e. "No Smoking"
3. Provide adequate or additional sprinklers
4. Provide a type of fire .detector on the premises.
Mark Ahlquist, 7100 Oak Grove Blvd., owner of the property appeared.
Also--appearing were Del Olson, 10119 Colfax, another tenant of the building,
and Jack Langer, of Korner Plaza.
Motion by Jacobsen, seconded by Ludeman, to close the hearing.
A11 ayes - Carried.
Motion by Jacobsen, seconded by Anderson, to defer this to the next
meeting after council has investigated the premises.
All ayes - Carried,
3. Report on Pedestrian Traffic on 76th Street Clinton Avenue 4th and 5th
Avenues
The city manager reviewed the staff's efforts to resolve the traffic
hazards concerning the access to Roosevelt Park from 76th Street since the
preliminary park development approval at the January 27, 1975 council meeting.
Joseph Ertman, 7533 3rd Avenue, appeared and requested signs at Clinton
or Third Avenues,
Bill Schlegel, 7600 Clinton, suggested a flash signal at Third Avenue
Council Meeting Minutes -3- April 28, 1975
to serve a dual purpose, school crossing and park crossing.
Robert Canfield, 7520 3rd Avenue, spoke in favor of a mechanical device
to stop traffic.
Tom Sand,-7527 3rd Avenue, spoke in favor of a signal device to enable •.. .
people to cross the street and to slow traffic.
Motion by Jacobsen, seconded by Luettinger, to install two way "Stop
Signs" at Third Avenue, that crosswalks be striped and advance warning signs
be posted, and authorize the staff to make a pedestrian and vehicular traffic
count.
All ayes - Carried.
The council also asked fox' a cost estimate on an actuated Sign and
requested this information be reported to the council by ,July 1, 1975.
Motion by Jacobsen, seconded by Luettinger, 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. 5355
RESOLUTION RELATING TO TRAFFIC CONTROL SIGNS
"STOP SIGNS" ON 76TH STREET AT THIRD AVENUE
MAKING INTERSECTION A FOUR-WAY STOP
Poll of votes: Ayes - Anderson, ,Jacobsen, I,uetta.nger, Ludeman, Law. Nayes -
None. Carried. This resolution appears as Resolution No. 5355 in Resolution
Book No. 36.
Councilman Anderson requested a report on the number of children living
in the area bordering the park.
Joseph Ertman, 7533 3rd Avenue, requested a sidewalk be installed on
the south side of 76th Street for the benefit of property owners.
Motion by Jacobsen, seconded by Luettinger, that the staff report on the
Council Meeting Minutes -4- April 28, 1975
cost of sidewalk installation on 'T`hird Avenue to Clinton on the south side
of 76th Street.
All ayes. - Carried.
4. Permanent Street Paving Program Width Policy Guidelines
Mr, Burggraaff, city manager, explained the city policy regarding the
permanent street width guidelines.
Peter Eberz, public works director, gave a slide presentation on various
existing street widths in the city,
City attorney, Clayton LeFevere, indicated the city would suffer sub-
stantial claims by the contractors if work was delayed. He also suggested
the following amendment to the guidelines as listed in Council Letter No. 134:
1. That an absolute minimum street width by administrative action
be established. It is recommended that this width be established
at 32 feet with the only exceptions. being where there is insuf-
ficient right-of-way.
Councilman Luettinger suggested we hire an. additional survey crew to
enable the city to stake a year ahead of construction. This would bring
problem areas to. the surface a year ahead.
Mr. Burggraaff discussed the recommended guidelines as amended by the
city attorney. He suggested the following guidelines:
1. Normal width of a residential street be constructed at
36 feet.
2. The public works director be given the administrative authority
and be directed to reduce-the width of a street down to as much
as 32 feet or more if there is insufficient right of way.
3. The criteria to be used by the public works director for de-
termining a 32, 34 or 36 foot street would be as listed in
Council Letter No. 134 as follows;
A. If there is insufficient right-of-way.
Council Meeting Minutes -5- April 28, 1975
B. If the reduction will save a number of trees in a given
block and not just one or two trees.
C. If the construction of a 36 foot street would require
the extensive installation of retaining walls.
Motion by Luettinger, seconded by Jacobsen, to approve the amended
guidelines as stated by Mr. Burggraaff.
All ayes - Carried.
Robert Harris, 7440 Fremont, questioned the public works director's
holding of a petition submitted to the council members. Mr. Eberz indicated
he was awaiting council guidelines and further stated that individual problems
should be submitted after a discussion was held with the council, i.e.
community guidelines.
Mr. Ha~'ris asked if traffic counts are taken on residential streets.
Mr. Eberz indicated traffic counts are usually taken only on state aid streets
and major thoroughfares.
John Yakymi, 601 West 70th Street, spoke in opposition to wider streets
as he felt it caused heavier and faster traffic. He expressed concern over
stakes that are presently 11 feet in on his property.
Mr. Eberz explained that the boulevard is shared by both sides of the
street and this particular street is not in the center of the right away at
present. He further stated that a 34 foot street would share 12 feet of the
boulevard and that the stakes appearing 11 feet in on this property are 3 feet
in from the curb and only 8 feet would be considered for street width.
Mrs. Patricia Peare, 7415 Fremont, spoke regarding poor response from
the engineering department in answering questions about street widths. Mr.
Eberz indicated the street widths were unknown at the time.
Kenneth Murphy, 6420 5th Avenue,. questioned if the city would be re-
Council Meeting Minutes -6- April 28, 1975
sponsible if fire fighting vehicles were unable to reach his home in the event
of a fire because of the narrow streets. He also requested the city attorney
to investigate the city's liability.
Mr. LeFevere stated. the council can exercise discretion on the widths
of streets and the city will not be liable.
Motion by Ludeman, seconded by Jacobsen, to add additional survey crews
to survey each area in the proposed street improvement areas. Where width
of streets/avenues creates problems with less than 32 feet, staff recommendations
on such. avenues/streets will be brought to the council. Citizens on such avenues
where problems exist will be notified in advance of the hearing, giving both the
present street width and the recommended width for that street with the new
permanent streets.
A11 ayes - Carried,
Larry Wozniczka, 6744 Wentworth, requested the staff to reconsider main-
taining the present width of 18 feet for Pleasant Avenue as he felt it was too
narrow.
Mr. Eberz replied that it is unfair to consider this as the residents on
Pleasant Avenue have already approved it.
5. Ordinance Amendment Relating to Building Permit Fees, Amending Section
3.06, Subdivision 11 of the Ordinance Code of the City of Richfield
Bi11 No. 1975-8, "An Ordinance Relating to Building Permit Fees, Amending
Section 3.06, Subdivision 11 of the Ordinance Code of the City of Richfield",
was read and reviewed, the same being on file in the office of the city clerk.
(C-9615)
Mayor Law presented a petition from Jack Foeller, 2120 West 63rd Street,
(C-9623).
Council Meeting Minutes -7- April 28, 1975
Jack Foeller appeared and spoke in opposition to waiving the building
fees.
Attorney LeFevere indicated the state does not waive the state surcharge
but that the city council would determine if the municipality's portion of the
building permit fees be waived,
Clyde Melton, 6501 18th Avenue, inquired as to waiver of fees to parochial
and private schools.
Mr. LeFevere indicated the city probably would not waive fees as these
institutions are financed by private funds.
Motion by Jacobsen, seconded by Luettinger, to close the hearing.
All ayes - Carried.
Motion by Jacobsen, seconded by Luettinger, that this constitute the
second reading of Bill No. 1975-8, that it be published in the official news-
paper, and that it be made a part of these minutes.
Po11 of votes: Ayes - Jacobsen, Luettinger, Ludeman, Law. Nayes - Anderson.
Carried.
Councilman Anderson questioned Mr. Ludeman's ability to vote on this item.
Mr. LeFevere indicated that only if he benefited financially would Mr.
Ludeman be ineligible to vote.
6. Ordinance Amendment to Section 2.14 and 2.19 of the Ordinance Code of
the City of Richfield Relating to Public Safety Administrative Structure
City attorney, Clayton LeFevere, discussed the proposed ordinance amendment
and explained it was proposed to increase the divisions in the public safety
department but did not call for an increase in personnel.
Bi11 No. 1975-10, "An Ordinance Amending Sections 2.14 and 2.19 of the
Ordinance Code of the City of Richfield Relating to City Administrative
Structure", was read, the same being on file in the office of the city clerk.
(C-9 624 )
Council Meeting Minutes -8- April 28, 1975
Motion by Ludeman, seconded by Anderson, that this hearing be closed,
All ayes - Carried.
Motion by Ludeman, seconded by Anderson, that this constitute a first
reading of Bi11 No, 1975-10; that it be published in the official newspaper
and that the second reading of this ordinance amendment be scheduled for
May 12, 1975,
Poll of votes: Ayes - Anderson, Jacobsen, Luettinger, Ludeman, Law. Nayes -
None. Carried.
Councilman Luettinger requested the minutes be reviewed to determine when
the position of administrative analyst was originally appointed,
Mayor Law read a letter from Larry Wgzniczka, 6744 Wentworth, stating he
objected to the proposed ordinance amendment as it represented increased costs
to the taxpayers.
7. Preliminary Plans and Specifications for Wood Lake Nature Center Storage
Building
Don Fondrick, Wood Lake Nature Center director, explained that the purpose
of this project is to provide additional storage for conformance to OSHA and
recommended approval of the proposed improvement in the amount of approximately
$34,000.
Motion by Anderson, seconded by Jacobsen, 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. 5353
RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF
FINAL PLANS AND SPECIFICATIONS FOR A WOOD LAKE NATURE
CENTER STORATE FACILITY
City Project No. 677
Council Meeting Minutes -9- ~ April 28, 1975
. _~
Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Law. Nayes - Luettinger. ~
Carried. This resolution appears as~Resolution No. 5353 in Resolution Book
No. 36. ~ -
Councilman Luettinger stated he supports the need. for the building but
voted "no" as he was opposed to the architectural firm..
8. Transitory Ordinance-Providing for Expenditure of b?oney from the Special
Revenue-Fund for Fark Acquisition and Betterment ____
2'he city manager explained this transitory ordinance would appropriate
the sum of $94,000 from the special revenue fund for the following purposes:
1. Wood Lake Nature Center storage facility - $34,000
2, 1975 Park Land Acquisition Reserve - $20,000
3. In Taft Park, the installation of an underground sprinkling
system for the area near the buildings and a pedestrian
trail around the north end of riothers Lake - $25,000
4. In Augsburg Park, to provide for the trimming of the existing -
trees, planting of different varieties of trees, and additional
- picnic furniture - $15,000
Bill No. 1975-11, Transitory Ordinance No. 16.32, "An Ordinance Providing
for the. Expenditure of Money from the Special Revenue Fund for Park Acquisition
and Betterment",-was read, the same being on file in the office of the city.
clerk, (C-962S)
Motion by Jacobsen,-seconded by Ludeman. Councilman Ludeman then withdrew
his "second ". Motion by Jacobsen, seconded by Anderson, that this constitute
a first reading of Bi11 No. 1975-11; that it be published in the official. news-
paper and that the second reading of this ordinance amendment be scheduled for
May ~.2, 1975.
Poll of votes;- Ayes - Anderson, Jacobsen, Law. Nayes - Luettinger, Ludeman.
Carried.
Councilman Ludeman questioned the necessity of the appropriation of
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Council Meeting Minutes -10- - April 28, 1975
funds for trimming park trees when we have the city staff and equipment to
do the work ourselves. `~
Peter Eberz, public works director, indicated if the area is adequate
for our type of skills and equipment the city staff would do the trimming.
Mr. 3urggraaff suggested the ordinance then be approved with the exceptian
of the tree- trimming and appropriate $2,000 towards picnic furniture.
Motion by Ludeman to adopt the manager's recommendation. Motion died
for lack of a second.
9. Presentation of Preliminary Plans and Specifications and Authorization
to Call for ;ids, Third Liquor Store Construction
Mr. Tames-Lindberg, representing Lindberg Pierce, Inc. the city's
architect on this project, appeared and presented drawings for the proposed
store.
.Jeff Page, liquor store manager, answered questions of-the council.
Motion by Jacobsen, seconded by Luettinger, to approve the preliminary
plans and authorize the preparation of final plans.
Poll of votes: Ayes - Anderson, .Jacobsen,. Luettinger, Law. Nayes.- Ludeman.
Carried.
Councilman Ludeman stated he voted "no" because he is not in favor mxf
a third liquor store. -
- 10. Transitory Ordinance Providing-for Expenditure of-Move from the S- ei~~.
- Revenue Fund for Senior Citizen Community Center Building Development
- Bi11 No. 1975-9, Transitory Ordinance No. 16.31, "An Ordinance~Pr~vd~~~
for the Expenditure of Money-from the Special-Revenue Fund for Park De~ehopxne
was read, the same being on file in the office of-the city clerk. (C-9~1)
. Motion by Jacobsen, seconded by Anderson, that this hearing be coed.
All ayes - Carried. - _
- .: - ,~
Council Meeting Minutes -10A- April 28, 1975
Motion by Tacobsen, seconded by Anderson, that this constitute a second
reading of Bill No. 1975-9; that it be published in the official newspaper,
and that it be made a part of these minutes.
Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Noyes -
None. Carried.
11. Transitory Ordinance Providing for the Vacation of a Portion of the_A11ey
in Block 1. New Fordtown
City attorney, Clayton LeFevere, reviewed the proposed alley vacation
and recommended that second reading be denied as the owner, Clyde Melton,
6501 18th Avenue, was unable to meet the necessary stipulations,
Clyde Melton appeared and stated he wad unable to resolve the stipulations
established in Council Letter No. 260, dated October 15, 1974, in order to
have this alley vacated.
Motion by Luettinger, seconded by Jacobsen, to deny second reading con-
sideration on the proposed transitory ordinance.
A11 ayes - Carried.
Council Meeting Minutes -11- April 28, 1975
established in Council Letter No. 260, dated October 15, 1974, in order to
have this alley vacated.
Motion by Luettinger, seconded by Jacobsen, to deny second reading con-
sideration on the proposed transitory ordinance.
All ayes - Carried.
12. Report on "No Turn on Red" Regulations
The public safety director presented the staff's study on pedestrian
safety at five intersections near elementary schools and recommended that there
does not seem to be a pedestrian traffic hazard at any of these crossings that
would require the prohibition of the right turn on red.
Motion by Ludeman, seconded by Anderson, that the right turn on red be
continued at the intersections discussed in the report.
Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Law. Nayes - Luettinger.
Carried.
13. Community Development Act Grant Joint Powers ~ reement Amendment
Motion by Jacobsen, seconded by Anderson, 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. 5352
RESOLUTION AMENDING JOINT COOPERATION AGREEMENT
Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes -
None. Carried. This resolution appears as Resolution No. 5352 in Resolution
Book No. 36.
14. Land Use and Planning Bi11
The city manager presented a resolution supporting land planning in
the metropolitan area and enactment of controls consistent with local and
metropolitan system plans.
Council Meeting Minutes -12- April 28, 1975
Motion by Jacobsen, seconded by Law, that this item be deferred.
Poll of votes: Ayes - Jacobsen, Ludeman, Luettinger, Law. Nayes - Anderson.
Carried.
15. Goals and Objectives - Lyndale/Hub/Nicollet Commercial Area
Motion by Ludeman, seconded by Luettinger, to approve the amended LHN
Planning Goals and Objectives.
All ayes - Carried.
16. Acquisition of Property at 6325 Portland Avenue for Park Purposes
Motion by Luettinger, seconded by Ludeman, to approve acquisition of the
property at 6325 Portland Avenue for park purposes in the amount of $11,500.
A11 ayes - Carried.
17 Report as the Feasibility of Retaining a Consultant Regarding the Purchase
of a Computer System
The city manager reiterated the opinion as stated in Council Letter No. 131
that the city staff is of the opinion that the use of a systems analyst consultant
to assist us in reviewing our existing system is unnecessary as our city staff is
capable of understanding our current and future requirements.
Motion by Anderson seconded by Jacobsen, that the council accept the
manager's recommendation and not retain a systems analyst consultant and
authorize the staff to proceed with the readvertisement of bids for a computer
system.
Po11 of votes: Ayes - Anderson, Jacobsen. Nayes - Ludeman, Luettinger, Law.
Failed.
Motion by Law, seconded by Luettinger, that this item be deferred.
Po11 of votes: Ayes - Ludeman, Luettinger, Law. Nayes - Anderson, Jacobsen.
Carried.
Council Meeting Minutes -13- April 28, 1975
18. Change Date of Board of Review Meeting
Motion by Jacobsen, seconded by Ludeman, to change the date for holding
the 1975 board of review to June 2, 1975.
Po11 of votes: Ayes - Jacobsen, Ludeman, Luettinger, Law. Nayes - Anderson.
Carried.
19. Discussion of 1975 Clean-Up Campaign
The city manager reported the proposed 1975 clean-up campaign to be sponsored
by the city and the chamber of commerce is planned for the week of May 19, 1975.
Motion by Law, seconded by Ludeman, that May 19 to May 23, 1975 be
proclaimed as 1975 Clean-Up Week.
A11 ayes - Carried.
20. Discussion of Various Legislative Matters
Motion by Jacobsen, seconded by Luettinger, that the following resolution
which provides for the continuation of grants for assisting resource recovery,
be adopted; that it be spread in the resolution book and that it be made a part
of these minutes:
RESOLUTION N0, 5356
RESOLUTION SUPPORTING HF 150 AND SF 1381
Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes -
None. Carried. This resolution appears as Resolution No. 5356 in Resolution
Book No. 36.
Motion by Jacobsen, seconded by Luettinger, 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. 5354
RESOLUTION OPPOSING AMENDMENTS TO
S.F. 1009 AND H.F. 1169 RELATING TO
LICENSING OF VENDING MACHINES
Council Meeting Minutes -14- April 28, 1975
Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes -
None. Carried. This resolution appears as Resolution No. 5354 in Resolution
Book No. 36.
21. Licenses
Motion by Anderson, seconded by Jacobsen, that the following licenses
be approved:
Fee Waived•
New Dugout Club, Richfield High Baseball, 6938 Blaisdell
Regular•
New King Oscar's Crosstown Kitchen, 1120 E. 66th
Renewal Sir Winston's Charbroil, 7545 Lyndale
Renewal Union 76, 66th. Street and Portland
Renewal Elson's Pure Oil, 7730 Portland
Renewal Southtown She11, 7745 Penn
Renewal Left Guard, 7717 Nicollet
Renewal 7-Eleven Food Store, 70th and Nicollet
Renewal Gopher Disposal Inc., 3561 W. -4th Street
Kennel License:
New Mr. ac Mrs. Victorian Metzger, 6423 Grand
Taxicab Drivers:
New Charles S. Yoak, 110 Mendota Heights
New Mohamed Ahmed Soussi, 2407 Lyndale Avenue North
New Brian H. Cook, 3209 Elliot Avenue South
New John G. Bailey, 1437 Sigfrid Street, Eagen
New Robin J. Harrison, 11110 Washburn Avenue South
New Thomas C. Prince, 1749 Flamingo Drive, Eagen
A11 ayes - Carried.
22. Claims and Payrolls
Food, soft drink
Food, soft drink,
cigarette
Food, soft drink,
cigarette, music box
Soft drink
Cigarette
Cigarette
Coin Op. Amusement
machine
Retail "off-sale"
Garbage-refuse hauling
3 dogs
Motion by Jacobsen, seconded by Ludeman, that the following claims and
payrolls be approved;
Council Meeting Minutes -15-
RICHFIELD BANK AND TRUST COMPANY
Checks 13658/18817 $578,756.97
SUMMIT STATE BANK
Checks 54884/54898 General $172,235.35
3800/54883 Payroll 116,785,86
All ayes - Carried.
April 28, 1975
Motion by Ludeman, seconded by Law, that a special council workshop
meeting be held May 5, 1975 to discuss such business as may become before the
council and that notice of this special meeting be published in the local
newspaper May 1, 1975.
A11 ayes - Carried.
Councilman Jacobsen requested that the proposed Jaycees band shell
project be placed an the agenda for the special meeting,
23. Adjournment
Motion by Jacobsen, seconded by Anderson, that the meeting adjourn.
All ayes - Carried. Time: 12:55 a.m, April 29, 1975.
Date App ed : ~y 12, 1975 '~ ,,~
Thomas J. Mo ' City Clerk
or n L. Law yor ayne S. Burggraa Cit Manage
r