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01-08-1979CITY OF RICHFIELD Regular Meeting January 8, 1979 The Council of the City of Richfield met in regular session in the Council Chambers of the City Hall on Monday, January 8, 1979, at 7:00 p.m. Rev. John McD4illan, of St. Nicholas Episcopal Church, gave the invocation. The meeting was called to order by Mayor Loren L. Law. Present: Collins, Jacobsen, Ludeman, Luettinger, Law 1, rlinutes Motion by Luettinger, seconded by Jacobsen that the minutes of the December 26, 1978, city council meeting be approved as submitted. All ayes - Carried. 2. Oath of Office for Council Member Juanita Collins Thomas J. Moran, City Clerk, administered the oath of office to new council 1 member Juanita Collins. 3. Request for Variance to the Frontyard Setback, 6417 Xerxes Avenue Richard Krier, Planning and Redevelopment Director, reviewed the variance re- quest submitted by Mr. Lloyd Hope to construct a four-foot addition to the front of his garage. A variance to the front yard setback of 4 feet is required, as outlined in Council Letter No.6.He also presented the staff recommendation for denial and the planning commission recommendation for approval of this request for variance. Motion by Jacobsen, seconded by Ludeman to close the hearing. All ayes - Carried. Motion by Ludeman, seconded by Luettinger to approve this request for variance to the front yard setback at 6417 Xerxes Avenue. All ayes - Carried. Council Meeting Minutes ~ -2- January '8, 1979 4. Request for Special Use Permit for a Restaurant, Carbone's, I50b E. 66th Street Richard Krier, Planning and Redevelopment Director, presented the request of Carbone's Pizza for a special us e. permit. He explained that at the time the firm located in this building it was only a take-out operation and a special use permit was mot required, but now the restaurant has been expanded to include seating and a special use permit is required. Walter Szczeck, 1822 E. Sideview, St. Paul, operator of the restaurant, was present and answered questions from the council. Motion by Luettinger, seconded by Jacobsen to direct the staff to prepare an ordinance amendment for council consideration which would require all property owners to either meet all minimum code requirements or fully disclose all such deficiencies prior to any sale of property. All ayes - Carried. Motion by Jacobsen, seconded by Luettinger ~o close the hearing. All ayes - Carried. _ Motion by Luettinger, seconded by Jacobsen to approve the special use permit subject to the following stipulations: 1. That a solid fence with a minimum height of three feet be constructed from the back of the building to the west property line to screen adjacent residences from automobile headlights and to prevent automobiles from exiting on to the alley. 2. That seating of the restaurant be limited to the existing 54 seats to insure that sufficient parking spaces will be available. All ayes - Carried. 5. On-Sale and Sunday Liquor Licenses Renewal, The Godfather Restaurant, 708 West 66th Street Wayne Burggraaff, City Manager, reviewed the application for renewal of on-sale and Sunday liquor licenses of The Godfather. He reported that all necessary information Council Meeting Minutes -3- January 8, 1979 has now been filed along with the application and that the staff recommended renewal of this license application. Motion by Luettinger, seconded by Jacobsen to close the hearing. A11 ayes - Carried. Motion by Luettinger, seconded by Jacobsen to grant the renewal of the on-sale and Sunday liquor licenses to The Godfather, Inc. All ayes - Carried. 6. Transitory Ordinance Providing Funds for 1979 Park Improvements. First Reading. Bill 1979-3, Transitory Ordinance No. 16.54, "A Transitory Ordinance Providing 1 for the Expenditure of Money from the Special Revenue Fund for Park Acquisition and Betterment", was read and reviewed by City Attorney, Clayton. LeFevere, the same beinf< on file in the office of the city ~:lerk. (C-9858) Motion by Jacobsen, seconded by Ludeman that this constitute a first readinc of Bill 1979-3; that it be published in the official newspaper and that second readinL of this ordinance amendment be scheduled for February 12, 1979. Poll of votes: Ayes - Collins, Jacobsen, Ludeman, Luettinger, Law. Nays - Pone. Carried. 7. Traffic Control Requests Joyce Wilde, Administrative Assistant, presented the following traffic control recommendations from the Traffic Control Committee: 74th Street and Upton Avenue: The committee recommended installation of a two-way stop sign, stopping Upton Avenue traffic. Gordon McKinnon, 7308 U~~ton, spoke in favor of some kind of traffic control [1 in this area. Motion by Jacobsen, seconded by Ludeman that the following resolution be adopted; that it be spread in the resolution book and that it be made a part of these minutes: Council Meeting Minutes -4- January 8, 1979 RESOLUTION N0. 6020 RESOLUTION RELATING TO TRAFFIC CONTROL SIGNS "STOP" SIGNS ODi LIPTON AVENUE AT 74TH STREET, STOPPING LIPTON AVENUE TRAFFIC AT 74TH STREET Poll of votes: Ayes - Collins, Jacobsen, Ludeman, Luettinger, Law. Nays - None. Carried. This resolution appears as Resolution No. 6020 in Resolution Book No. 43. 69th •Street and Harriet Avenue: The committee recommended that no stop signs be installed at this intersection. Motion by Luettinger, seconded by Jacobsen to approve the Traffic Control Committee recommendation. All ayes - Carried. 76th Street and Emerson Avenue; The committee recommended that no additional stop signs be installed at this intersection. Joe Ertman, 7533 Third Avenue, speaking as a representative of Berea Church who initiated the request, spoke in favor of stopping traffic on 76th Street. Diane Meyer, 7545 Emerson, spoke in opposition to additional signing. George Wise, 7544 Dupont, and Rev. G. D. Schmidt, 6444 Humboldt, spoke in favor of erectio:i of a stop sign. Tom Morgan, Public Safety Director, answered questions from the council. Motion by Ludeman, seconded by Collins 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. 6021 RESOLUTION RELATING TO TRAFFIC CONTROL SIGNS "STOP" SIGNS ON 76TH STREET AND EMERSON AVENUE, MAKING INTERSECTION A FOUR-WAY STOP Poll of votes: Ayes - Collins, Ludeman, Luettinger, Law. Nays - Jacobsen. Carried. This resolution appears as Resolution No. 6021 in Resolution Book No. 43. The council requested a report from the staff regarding traffic flow patterns through this intersection within 90 days after this sign has been erected. Council Meeting Minutes -7- January 8, 1979 Carried. This resolution appears as Resolution No. 6023 in Resolution Book No. 43. 8. Appointments to Wine Licensing Ordinance Study Committee Wayne Burggraaff, City Manager, reviewed the applications received by persons interested in being considered to this committee and recommended the city council make appointments. Motion by Luettinger, seconded by Ludeman to appoint Pastor Bernt Opsa1, 7544 12th Avenue. A11 ayes - Carried. Motion by Ludeman, seconded by Luettinger to appoint Janice Kaise, 7608 Bryant Avenue. A11 ayes - Carried. Motion by Law, seconded by Jacobsen to appoint Carlton W. Lytle, 1400 West 1 74th Street. All ayes - Carried. 6105 Parnell, Rdina. Motion by Ludeman, seconded by Luettinger, to appoint Rev. Dwight Hendricks, A11 ayes - Carried. Motion by Ludeman, seconded by Collins to appoint Joan Helmberger, 6914 Park Avenue. All ayes - Carried. Motion by Jacobsen, seconded by Law to appoint Carroll F. Waller, 7209 Garfield Avenue. A11 ayes - Carried. Motion by Ludeman, seconded by Luettinger to appoint Renee' Mostoller, 7632 Bryant Avenue. All ayes - Carried. Council Meeting Minutes -8- January 8, 1979 9. Organization Liaison and Representative Appointments The council reviewed the various liaison and representative appointments and generally agreed on the following: South Hennepin Human Services Council - defer appointment CATV Stud;' Commission Director - Jacobsen Director - Burggraaff Al~ernate - Collins Alternate - Wilde MASAC - defer appointment Association I~ietropolitan League of Municipalities Representative - Law Alternate - Luettinger Suburban Rate Authority Director - Luettinger Alternate - Ludeman Motion by Jacobsen, seconded by Ludeman that the following resolution be adopted; that it be spread in the resolution book and that it be made a part of t'nese minutes:. RESOLUTION N0. 6024 RESOLUTION DESIGNATING DIRECTOR AND ALTERNATE DIRECTOR TO SUBURBAN RATE AUTHORITY Poll of votes: Ayes - Collins, Jacobsen, Ludeman, Luettinger, Law. Nays - None. Carried. This resolution appears as Resolution No. 6024 in Resolution Book No. 43. School Board Delegate - Luettinger Alternate - Collins Planning Commission Ex-Officio Member - Ludeman Alternate - Luettinger Council Meeting Minutes -9- Januar;:- 8, 197c Human P.i~hts Commission Liaison - Jacobsen Alternate - Collins Park & Recreation Advisorv Commission Ex-Officio Member - Luettinger Alternate - Law Senior Citizen Advisory Commission Liaison - Ludeman Alternate - Law Storefront/You'~h Action Liaison - Jacobsen Alternate - Ludeman Advisory Health Board Ex-Officio Member - Collins Alternate - Wilde Actin;; City Manager MO%lOn by Jacobsen, seconded by Luettinger to appoint Joyce Wilde actinC city manager. All ayes - Carried. Council President Pro Tempore Potion by Luettinger, seconded by Collins to appoint Councilman Jacobsen as council president Pro Tempore. All ayes - Carried. 10. Planning Commission Appointments Wayne Bur;;graaff, City Manager, recommended the council make appointments to fill vacancies on the planning commision. Motion by Luettinger, seconded by Jacobsen to reappoint Mark Ahlquist, 7100 Oak Grove Boulevard, and Joseph Ertman, 7533 Third Avenue, to serve another three %ear term on tine planning commission. All ayes - Carried. Council Meeting Minutes ~ -10- January 8, 1979 Richard Blevins, 7539 Washburn Avenue, addressed the council regarding his qualifications and desires to serve on the planning commission. Motion by Ludeman, seconded by Collins to appoint Richard Blevins to serve a term of three years on the planning commission. All ayes - Carried. 11. Appointment of Housing and Redevelopment Authority Commissioners As provided by state law, Mayor Law advised the council that two vacancies exist on the HRA; Commissioner Luettinger's initial term expired on January 1, 1979, and the position held by A. P. Anderson was vacant due to termination of his council term. Mayor Law appointed Council Member Luettinger to a five-year term on the HRA with the provision that the appointment would automatically expire any time prior to the end of five years, should Council Member Luettinger no longer serve on the city council. Mayor Law appointed Council Member Juanita Collins to fill the unexpired term of Commissioner A. P. Anderson with the provision that the appoint- went would automatically expire at any time prior to the end of the term should Council Member Collins no longer serve on the city council: Council Member Collins stated that she believed there should be some citizen membership on the HRA. However, she .indicated that inasmuch as she represented a minority council position on that issue, she would accept the HRA appointment to enable her to fully participate and represent those people who had voted for her in HRA activities. Motion by Jacobsen, seconded by Ludeman to approve the mayor's appointment of Council Members Luettinger and Collins to the Richfield HRA. A11 ayes - Carried. 12 Appointment to Hennepin County Planning Area Citizen Advisory Committee Motion by Jacobsen, seconded by Luettinger to defer consideration. of this item to the January 22, 1979, council meeting. All ayes - Carried. Council Meeting Minutes -11- January 8, 1979 13. Designation of Official Newspaper for 1979 Wayne Burggraaff, City Manager, recommended the city council renew its designation of the Richfield Sun as the city's offical newspaper. He presented a letter from the Richfield Sun requesting to be designated the official newspaper for 1979. •Motion by Ludeman, seconded by Jacobsen to designate the Richfield Sun the city's official newspaper. A11 ayes - Carried. 14. Designation of Official Depositories for 1979 Wayne Burggraaff, City Manager, recommended designation of official depositories as outlined in Council Letter No. 5. Motion by Jacobsen, seconded by Luettinger that the following resolutions be adopted; that they be spread in the resolution book and that they be made a part of these minutes: RESOLUTION N0. 6025 A RESOLUTION DESIGNATING CERTAIN SAVINGS AND LOAN ASSOCIATIONS AND BANKS AS DEPOSITORIES FOR THE INVESTMENT OF CITY FUNDS IN 1979 RESOLUTION N0. 6026 RESOLUTION DESIGNATING THE RICHFIELD BANK & TRUST COMPANY A DEPOSITORY OF FUNDS OF THE CITY OF RICHFIELD FOR THE YEAR 1979 AND APPROVING COLLATERAL RESOLUTION N0. 6027 RESOLUTION DESIGNATING THE SUMMIT STATE BANK A DEPOSITORY OF FUNDS OF THE CITY OF RICHFIELD FOR THE YEAR 1979 AND APPROVIlVG -COLLATERAL RESOLUTION N0. 6028 A RESOLUTION DESIGNATING FARMERS & MECHANICS SAVINGS BANK AS DEPOSITORY FOR THE INVESTMENT OF CITY FUNDS IN 1979 AND APPROVING COLLATERAL Council Meeting Minutes -12- January 8, 1979 RESOLUTION N0. 6029 A RESOLUTION DESIGNATING MIDWEST FEDERAL SAVINGS & LOAN AS DEPOSITORY FOR THE INVESTMENT OF CITY FUNDS IN 1979 AND APPROVING COLLATERAL Poll of votes: Ayes - Collins, Jacobsen, Ludeman, Luettinger, Law. Nays - None. Carried. These resolutions appear as Resolutions Numbers 6026 through 6029 in Resolution Book No. 43. 15. Amendment to Hennepin County Criminal Justice Council By-Laws Wayne Burggraaff, City Manager, advised that the Hennepin County Criminal Justice Coordinating Council (HCCJC) was proposing a by-law change, as outlined in Council Letter No. 1. He recommended the council adopt a resolution approving this amendment. Motion by Luettinger, 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. 6030 RESOLUTION APPROVING AMENDMENT TO HCCJC BY-LAWS Po11 of votes: Ayes - Collins, Jacobsen, Ludeman, Luettinger, Law. Nays - None. Carried. This resolution appears as Resolution No. 6030 in-Resolution Book No. 43. 16. Claims and Payrolls Motion by Jacobsen, seconded by Luettinger that~the following claims and payrolls be approved: RICHFIELD BANK & TRUST 12/29/78 1/4/79 SUMMIT S' 12/29/78 1/4/79 Checks 38540/39063 Checks 45371/46045 Checks 38554/39097 TATE BANK Checks 45357/45369 Checks 45370/45391 General $ 142,082.34 Payroll 149,803.83 General 153,911.72 $1,608,028.32 361,000.00 Ail ayes - Carried. Council Meeting Minutes -13- January 8, 1979 1 17. Licenses Motion by Jacobsen, seconded by Luettinger that the following licenses be approved: Fee Waived Renewal Richfield Fire Relief Assoc. Regular Renewal Aisles of Beauty, 605 W. 66th Street Renewal Bridgeman's, 800 W. 66th Street Renewal Budget Inn, 7640 Cedar Avenue New C & C (Wendy's), 6500 Lyndale Renewal Cedar Avenue She11, 66th and Cedar Renewal Champion Auto, 7600 Lyndale Renewal Country Club, 65th and Penn Renewal Donut Shop, 64th and Lyndale Renewal Dutchman Dairy, 75th and Lyndale Renewal Encore Chow Mein, 66th and Penn Renewal Fanny Farmer, 62 W. 66th Street Renewal Genuine Parts, 709 W. 77 1/2 Street Renewal Glamour Beauty, 2323 W. 66th Street Renewal Godfather, Inc., 708 W. 66th Street Renewal Gold Eagle Wash, 904 W. 77 1/2 Street Renewal Good Year Service, 3015 W. 66th Street Renewal Hansen's Auto, 6420 Penn Renewal Kenny's Yahmaha, 6520 Lyndale Renewal King Oscar's, 1120 E. 66th Street Renewal LaBelle's, 7701 Nicollet Renewal Lambert Lumber, 300 W. 78th Street Renewal Lariet Lanes, 6320 Penn Renewal Lit General, 7701 Portland Renewal Lil General, 7529 Lyndale Renewal Luxury Lanes, 7711 14th Avenue Renewal Lyndale Gardens, 64th and Lyndale Renewal March of Dimes, 6701 Penn Renewal Masonic Lodge, 76th and Logan Renewal Material Services, 7720 Wentworth Renewal Miller's Fireside Pizza, 67th and Penn Renewal Mister Donut, 66th and Penn Renewal Morrow Auto, 64th and Cedar Soft drink Soft drink Foods soft drink Motel Food, soft drink Soft drink Soft drink . Off-sale beer Food, Addl. food, food vehicle, soft drink, cigarette Food, soft drink Food, cigarette Candy shop Soft drink Soft drink, vending machine Food, cigarette Soft drink Soft drink Car wash Motor bike sales Food, soft drink Vending machine, cigarette Soft drink Bowling alley, amusement machine, food, vending machine, soft.drink, cigarette, on-sale beer, off-sale Off-sale beer Ice machine, food, add'1. food, soft drink, cigarette, off-sale beer Retail on-sale beer, off-sale beer food, vending machine, soft drink, cigarette, music box; bowling alley, coin amusement machine Food Soft drink Food Motor vehicle Ice machine, food, soft drink, cigarette, music box Food, soft drink, bakery Vending machine, cigarette, soft drink Council Meeting Minutes ~ -14- Licenses Continued Renewal National Amusement Co., Minneapolis Renewal VFW Fred Babcock Renewal Pop Shop, 3020 W. 66th Renewal N. W. Bell, 6244 Cedar Renewal Olson Tool, 7644 Knox Renewal Penthouse Hair, 6646 Penn Renewal Phillips 66, 1120 E. 78th Renewal United Rentals, 2200 W. 66th Renewal Vangen Anderson, 6315 Penn Renewal Vickers, 7645 Lyndale Renewal Viking Pioneer Renewal Viking Speed Wash, 7748 Morgan Renewal Walgreen Drug, 12 W. 66th Renewal Walser Buick, 2100 W. 78th Renewal Western Station, 77th and Lyndale Renewal Red Owl, 66th and Nicollet Renewal Rental Equipment, 2016 W. 78th Renewal Richfield Bank & Trust, 65th and Lyndale Renewal Richfield School Renewal Richfield Steak House, 65th and Nicollet Renewal Richview Nursing Home, 77th and Portland Renewal Royal Car Wash, 901 W. 77 1/2 Street Renewal Sandy's Tavern, 6612 Penn Renewal Shangri-La Sauna, 2401 W. 66th Renewal Sinclair Station, 3020 W.•66th Renewal Sinclair Station, 6600 Portland Renewal Snyders, 6520 Pillsbury Renewal Snyders, 2930 W. 66th Renewal Soft Touch Sauna, 6521 Cedar Renewal Southtown Mobil, 77th and Penn Renewal Stadium Station 66, 1120 E. 78th Renewal Super America, 7645 Nicollet Renewal Super America, 826 W. 66th Renewal Union 76, 6601 Portland Taxicab Drivers New William Lee, 8775 Inman Avenue, Cottage Grove Dennis Leigh, 3426 Harriet Steven Siran, 4521 Tower Street, Edina Steven Rice, 5301 11th Avenue Carl Anderson, 6605 Clinton Anthony King, 5809 Pleasant Larry Burtis, 1728 Fremont Tim Pierce, 6032 Olinger Circle, Edina January 8, 1979 Amusement machine Bingo, food, vending machine, soft drink, club Soft drink, food Soft drink Soft drink Soft drink Soft drink Soft drink Soft drink Soft drink Vending machine, soft drink Soft drink Soft drink Motor vehicle ©ff-sale beer, food, cigarette, • soft drink Soft drink, off-sale beer, cig., ice machine, food, add'1. food Soft drink Food, soft drink, comm. inciner. Soft drink On-sale beer,food, cigarette, ice machine Food, ice machine, soft drink Car wash Soft drink, cigarette, food, off- sale beer, on-sale, amusement machine Soft drink Soft drink Soft drink Off-sale beer, food, vending• machine,• soft drink, cigarette Off-sale beer, food, vending mach. soft drink, cigarette Soft drink Candy, cigarette, food Soft drink, vend. machine, cig. Soft drink Off-sale beer Soft drink 1 Council Meeting Minutes -15- Taxicab Drivers Renewal Audree Riggs, 7700 12th Avenue George Vasilegjhy, 255 W. 96th Street Keith Olsen, 4912 36th Avenue Morris Grayson, 10209 Xerxes Avenue Norman Collins, 5756 35th Avenue Thomas Denapdo, 7929 Sunshine Court, Chaska Robert Dellmore, 409 Ashland, St. Paul Stephen Polsfuss, 3225 Dupont Clifford Pipe, 127 116th Avenue N.W., Blaine Lewis Frisch, 3430 List Place, Minneapolis Philip Aarum, 4948 Aldrich Maynard Nielsen, 4159 Snelling Avenue Curtis Anderson, 7727 Wentworth Kenneth Jensen, 209 E. River Parkway Roger Huggett, 8350 Blaisdell Kenneth Sma11, 1638 Thomas Ave. N. James Vantassell, 2822 W. 55th Street Shirley Lundgren, 6101 5th Avenue Robert Donkersgoed, 87 Riverwood Lane Earl Abelsen, 514 N. Prior, St. Paul Eugene Serier, 5440 32nd Avenue Paul Langbein, 11040 Queen Dave Nerud, 9501 Yosemite Road Mark Heindocke, 1904 Tamorack Millard Bren, 11516 Bren Road, Minnetonka Kenneth Mason,~3545 33rd Avenue John Remick, 1440 Highview, Eagen Ginny Hunter, 344 E. Franklin A11 ayes - Carried. 18. Extra Items Not on Agenda Payments and Estimates January 8, 1979 Motion by Jacobsen, seconded by Luettinger that the following payment and estimate be allowed: Estimate ~~1 - Sebesta Construction Co. - Ballfield Relocation, C. P. 688 - 58% Complete - $33,544.23 ~- A11 ayes - Carried. Special Legislation Discussion The City Manager suggested it would be helpful for the city council to adopt a resolution formally supporting the special legislation which the city is seeking in connection with a gross revenue bond for the golf course. Council Meeting Minutes -16- January 8, 1979 The City Attorney reviewed the purposes of the special legislation and commented on discussions with Richfield legislature representatives. Motion by Luettinger, 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. 6031 RESOLUTION SUPPORTING SPECIAL LEGISLATION CONCERNING A GROSS REVENUE BOND ISSUE FOR GOLF COURSE CONSTRUCTION Po11 of votes: Ayes - Collins, Jacobsen, Ludeman, Luettinger, Law. Nays - None. Carried. This resolution appears as Resolution No. 6031 in Resolution Book No. 43. 19. Adjournment Motion by Ludeman, seconded by Luettinger that the meeting adjourn. All ayes - Carried. Time: 9:35 p.m. Date Approved: January 22, 1979 i Thomas J. oran City Clerk [: ren L. Law y ~• Wayne S. Burggraaff ity n r.