08-13-1979CITY OF RICHFIELD
Regular Meeting
August 13, 1979
The City Council of the City of Richfield met in regular session in the Council
Chambers of the City Hall on Monday, August 13, 1979, at 7:00 p.m.
Councilman Ludeman gave the invocation.
Present: Collins, Jacobsen,Ludeman, Luettinger, Law
1. Minutes
Motion by Luettinger, seconded by Jacobsen that the minutes of the regular council
meeting of July 23, the Joint Planning Commission/City Council meeting of July 30, and
the special council meeting of August 6, 1979, be approved as presented.
All ayes - Carried.
2. Request for Variance, Special Use Permit, and Off-Street Parking Contract,
6445 Cedar Avenue, Morrow Auto Body
Richard Krier, Planning and Redevelopment Director, presented the request of
Don Morrow to construct an addition on the east side of his auto body shop on
6445 Cedar Avenue. This addition would be constructed on an adjoining lot which
he has recently purchased. Mr. Morrow proposes to enlarge the garage and the
parking area for selling repaired automobiles.
Mr. Krier reviewed the staff recommendation for denial of the variance and
approval of the off-street parking permit and special use permit. The planning
commission recommended approval of the variance and the special use permit, subject
to the following stipulations listed in Council Letter No. 237:
1. That all tow trucks, cars to be repaired, and all junk and debris
be stored within the fenced storage area. The fence should be
constructed to effectively screen the storage area from surrounding
property.
2. That there be no parking in boulevard areas.
3. That the north building be repaired and painted to match the
main building.
Council Meeting Minutes -2- August 13, 1979
4. That over story trees be planted and maintained in the green
areas along Cedar Avenue. The type and size of the trees
should be in accordance with the city's landscape guidelines.
5. That vehicle parking and storage areas be paved and curbed in
accordance with city parking area standards.
Motion by Luettinger, seconded by Ludeman to close the hearing.
All ayes - Carried.
Motion by Luettinger, seconded by Ludeman to approve the special use permit,
subject to recommended stipulations, to approve the granting of this variance and
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. 6112
RESOLUTION APPROVING LAYOUT AND CONTRACT FOR
OFF-STREET PARKING IN ACCORDANCE WITH
APPLICATION N0. 79-12, CONTRACT N0. 2311
Donald L. Morrow
Location: 6445 Cedar Avenue South
Use: Addition to Existing Body Shop
Po11 of votes: Ayes - Collins, Jacobsen, Ludeman, Luettinger, Law. Nays - None.
Carried. This resolution appears as Resolution No. 6112 in Resolution Book No. 43.
3- Request for Variance to the Zoning Ordinance Relating to Installation of a
Fence, 7601 Moran Avenue
Richard Krier, Planning and Redevelopment Director, reviewed the request of
Karl Nollenberger to erect a redwood fence along his north property line at 7601
Morgan Avenue. The applicant requested a variance to enable him to construct a
fence one and one-half feet onto the public right-of-way along West 76th Street.
Mr. Krier reviewed the staff recommendation for denial of this variance and the
planning commission recommendation for approval.
Motion by Jacobsen, seconded by Collins to close the hearing.
A11 ayes - Carried.
1
Council Meeting Minutes -3- August 13, 1979
Motion by Jacobsen, seconded by Collins to grant this variance as requested.
A11 ayes - Carried.
4. Request for Approval of Phase I, Hub PUD Final Development Plan Hub Shopping
Center Property, Special Use Permit, and Off-Street Parking Contract
Karl Nollenberger, City Manager, reviewed preliminary developments relating
to the PUD (Planned Unit Development) for the Hub/Summit Bank/Penny's redevelopment.
He advised that Phase I improvements were to be the responsibility of each property
owner; that Phase I improvements had recently been approved for Summit State Bank,
and that the city council was being asked to consider approval of a final devel-
opment plan, special use permit and off-street parking permit to complete Phase I
for the property of United National Corporation at this meeting.
Richard Krier, Planning and Redevelopment Director, presented the site
improvements that United National Corporation is proposing to construct in this
phase, as outlined in Council Letter No. 238.
Richard Naiman, of United National Corporation, reviewed the stipulations
recommended by the staff and took exception to Stipulation No. 8, relating to
the form of a performance bond. He also said United National was against burying
power lines at this time and against being assessed for primary lines.
Clayton LeFevere, City Attorney, suggested he cooperate with Mr. Naiman in .
working out a compromise on the bond.
Stu Fraser, representing NSP, indicated that exact costs of undergrounding
the electric lines can not be stated without a city approved plot plan; that the
figure of $19,000 includes the Hub, but not the bank.
Also present were Jay Gould, vice president of Minnesota Federal Savings &
Loan, James Voight, architect, and John Scott, Jr., attorney for Minnesota Federal.
They requested an exception: from the Urban Design Standards in the L/H/N area
for design of their building.
Council Meeting Minutes -4- August 13, 1979
Mike Burk, 6414 Pillsbury, spoke regarding the council's responsibility in
enforcement of standard designs, and asked questions regarding the underground
power.
Motion by Ludeman, seconded by Jacobsen to close the hearing.
All ayes - Carried.
Motion by Ludeman, seconded by Jacobsen to approve the final development plan
and special use permit, subject to the following stipulations, with the proviso
that No. 2, relating to electric service is subject to modification by September 15:
1. That United National Corporation be responsible for replacing
any damaged city property due to overhanging cars or construction.
2. That United National Corporation be responsible for any costs over
$19,000 for undergrounding primary electric lines, and for the costs
of all service lines from the transformer to the building, trans-
formers, pads, and transformer screening not paid for by Northern
States Power.
3. That the parking lot meet all city parking lot design standards.
4._ That United National Corporation be responsible for removing the
curbing in the vicinity of 65th Street and Pillsbury Avenue.
5. That all light-standards, signs and structures conform to the L/H/N
Design Guidelines.
6. That the final plat be approved by the city council and filed with
Hennepin County by October 25, 1979.
7. That United National Corporation grant primary electric utility
easements to NSP.
8. That United National Corporation provide a performance bond or
other acceptable security.
All ayes - Carried.
Motion by Ludeman, 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:
Council Meeting Minutes -5- August 13, 1979
RESOLUTION N0. 6113
RESOLUTION APPROVING LAYOUT AND CONTRACT
FOR OFF-STREET PARKING IN ACCORDANCE WITH
APPLICATION N0. 79-13, CONTRACT N0. 2312
United National Corporation
Location: Hub Shopping Center
66th Street and Nicollet
Use: Phase I, Hub PUD Final Development Plan
Poll of votes: Ayes - Collins, Jacobsen, Ludeman, Luettinger, Law. Nays - None.
Carried. This resolution appears as Resolution No. 6113 in Resolution Book No. 43.
5. Discussion of Parking and Traffic in Residential Area North of Hub Shopping Center
Karl Nollenberger, City Manager, presented the staff report relating to parking
and traffic problems in the East Pleasant-Pillsbury Avenues residential area, which
had been compiled at the direction of the city council on May 29, 1979. The
following proposals were reviewed:
Proposal No. 1. - Grade Level Railroad Crossing at 63rd Street
This proposal to establish a grade level railroad crossing at 63rd Street
is estimated to cost $8,000.
Proposal No. 2. - Widening of 6300 and 6400 Block, East Pleasant Avenue
This proposal of widening East Pleasant Avenue and making the associated
improvements at 64th Street and East Pleasant would cost approximately $45,260.
Proposal No. 3. - Grade Level Railroad Crossing at 64th Street
The cost of providing the railroad crossing across 64th Street is approximately
$6,800.
Proposal No. 4. - Reopening of Pillsbury Avenue at West 65th Street
This proposal providing for extension of Pillsbury Avenue from the recently
installed cul-de-sac southward to the new 65th Street would cost approximately
$9,490.
The following individuals appeared and spoke regarding the traffic situation:
Council Meeting Minutes -6- August 13, 197
Mrs. Jewell Larson, 6224 Blaisdell
Mrs. Richard Hollenzer, 6228 Wentworth
Mike Burk, 6414 Pillsbury
Mr. and Mrs. William Davidson, 6321 E. Pleasant
Mr. Weight, 6321 E. Pleasant
Steve Huss, 6318 Nicollet
Motion by Jacobsen, seconded by Ludeman to open Pillsbury Avenue, Exit Only,
(No_Entrance), and return East Pleasant Avenue to one-way traffic.
A11 ayes - Carried.
6. Off-Street Parking Contract, 6529 Cedar Avenue
Karl Nollenberger, City .Manager, reviewed the application of Edward Brisson,
for an off-street parking contract at the stucco and plaster company he is proposing
to build at 6529 Cedar Avenue. He recommended that the city council authorize
execution of this off-street parking contract.
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:
RESOLUTION N0. 6114
RESOLUTION APPROVING LAYOUT AND CONTRACT FOR
OFF-STREET PARKING IN ACCORDANCE .WITH APPLICATION
N0. 79-11, CONTRACT N0. 2310
Edward Brisson, 10701 Morgan Avenue
Location: 6529 Cedar Avenue
Use: New Commercial Building
Poll of Votes: Ayes - Collins, Jacobsen, Ludeman,, Luettinger, Law. Nays - None.
Carried. This resolution appears as Resolution No. 6114 in Resolution Book No. 43.
7. Request for Rezoning, Intersection of Crosstown Highway at 62nd Street and
13th Avenue. Second Reading.
Karl Nollenberger, City Manager, presented Bill No. 1979-15, dealing with the
rezoning of 62nd Street and 13th Avenue from Residence (R), to Multiple Residence,
(MR), to the city council for second reading approval.
Council Meeting Minutes -7- August 13, 1979
Jerome Ro11ay, 6214-13th Avenue, and Roy Gordon, 6215-13th, both expressed
their opposition to rezoning this lot to multiple residence.
Richard Krier, Planning and Redevelopment Director, gave a presentation showing
the type of structure the applicant proposed to erect on the site.
Motion by Ludeman, seconded by Jacobsen to close the hearing.
A11 ayes - Carried.
Jerry Bednarz, 6233-13th Avenue, asked if there was any ordinance to prohibit
these changes.
Karen Gordon, 6215-13th Avenue, spoke against this rezoning.
Motion by Ludeman, seconded by Jacobsen to deny second reading for this
rezoning ordinance.
Poll of votes: Ayes - Collins, Jacobsen, Ludeman, Luettinger, Law. Nays - None.
Carried.
8. Request for Alley Dedication and__Proposed Alley Dedication Policy
Karl Nollenberger, City Manager, advised the city council that a petition had
been received requesting dedication to the city of a private alley located on 74th
Street between Lyndale and Aldrich Avenues.
Richard Krier, Planning and Redevelopment Director, expressed the concerns of
the staff that could result should this alley dedication be accepted and a precedent
be established; that of maitenance problems and increased costs. He indicated that
the recommendation of the staff was that the city not accept dedication of any
private alleys, streets, or driveways.
Mr. and Mrs. Einar Jorgensen, 7336 Lyndale Avenue, expressed their feelings
that the city should accept this alley dedication.
David H. Dunham, 7341 Aldrich,- urged the city to accept this alley.
Motion by Ludeman, seconded by Luettinger, to request the staff to provide a
Council Meeting Minutes -8- August 13, 1979
policy on alley dedication for council review for the August 27, 1979, city council
meeting.
A11 ayes - Carried.
Council recessed at 10:16 p:m. to. conduct the HRA meeting and reconvened at
11:00 p.m.
9. Amendment to Chapter V., Part II. Section 5.19 and Appendix D of the Ordinance
Code Relating to Gambling. Second Reading.
Clayton LeFevere, City Attorney, explained revisions in Bill No. 1979-16
in the proposed fee scheduled whereby the council would be given power to waive
daily permit fees if desired.
Motion by Luettinger, seconded by, Jacobsen to approve this amendment.
All ayes - Carried.
George Kenealey, attorney representing the VFW, requested that the proposed
ordinance be liberalized in the area of limiting hours or sessions and protested
the high fee schedule.
Howard Bunce, 7608 Sheridan Avenue, Commander of the VFW, said revenues are
less for gambling devices, therefore, he felt the fees should be proportionately
less than for bingo.
Tom Morgan, Public Safety Director, indicated that law enforcement costs are
the same for each type of activity.
The council discussed the revised ordinance Subd. 9, Section 13 -- "Tickets
for raffles conducted in accordance with this section may be,sold off the premises,
but may not be sold in residential districts of the city."
Motion by Jacobsen, seconded by Collins to strike this from the ordinance.
Councilman Jacobsen later withdrew the motion.
Motion by Ludeman, seconded by Collins to defer approval of this ordinance
until an unspecified time and reconsider the fee schedule.
All ayes - Carried.
Council Meeting Minutes -9- August 13, 1979
10. Discussion of Preliminary Studies Regarding Edina/Richfield Storm Water Drainage
Karl Nollenberger, City Manager, presented the opinion from the city attorney
stating it would be difficult to create a separate storm sewer improvement tax district
inasmuch as the city's storm sewers are completed. He then outlined alternative
actions in which the council may wish to proceed in order to aleviate the flooding
problems in the Edina-Richfield adjoining areas. These three approaches were as
follows:
1. Discuss with Edina corrections that can be made in the area of
69th and Xerxes and advise home owners on improvements;
2. Direct staff to pursue planning for a permanent pumping facility
in the Adams Hi11 area; and
3. Encourage Hennepin County to consider participation with Richfield
and Edina in resolving flooding problems associated with the 66th
and Xerxes intersection.
Motion by Luettinger, seconded by Ludeman to recommend the staff pursue
these actions in the area of 69th and Xerxes, Adams Hill and 66th and Xerxes for
flood control, and 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. 6115
RESOLUTION ENCOURAGING HENNEPIN COUNTY TO
PARTICIPATE WITH EDINA AND RICHFIELD IN
RESOLVING FLOODING PROBLEMS IN THE INTERSECTION
OF 66TH STREET AND XERXES AVENUE
Poll of votes: Ayes - Collins, Jacobsen, Ludeman, Luettinger, Law. Nays - None.
Carried. This resolution appears as Resolution No. 6115 in Resolution Book No. 43.
Rstchard Blevins, 7539 Washburn Avenue, urged that the majority of the money
be sought from Edina.
11. Authorization to Advertise for Bids for Installation of Fence on 65th Street
Karl Nollenberger, City Manager, requested council authorization to advertise
for bids to install a six foot board fence along the north right-of-way line of
Council Meeting Minutes -10- August 13, 1979
65th Street, between Wentworth Avenue and Blaisdell Avenue. He indicated residents
have requested extension of the fence presently installed under City Project No. 705.
Motion by Luettinger, seconded by Jacobsen to authorize this advertisement
for bids.
All ayes - Carried.
12. Approval of Purchases in Excess of $1 000
Karl Nollenberger, City Manager, presented three purchases in excess of $1000
for council approval;
Tot Lot Slides
A bid of $1,689 has been received from Miracle's Jamison, for this improvement
at Nicollet Park.
Crushed Limestone
J. L. Shiely Co. has submitted a bid of $4,998.40 for this purchase to be
used for improving the trails at the Wood Lake Nature Center.
Fencing
Crown fencing has submitted a bid of $2.76 per lineal foot for the provision
of fencing around certain areas of the golf course.
Motion by Ludeman, seconded by Luettinger to authorize these purchases in
excess of $1,000.
All ayes - Carried.
13. Deletion of Easement Areas from the L dale Avenue Improvement Protect
Karl Nollenberger, City Manager, recommended that the city council adopt the
necessary resolution authorizing deletion of the Cricket Photo property front the
sidewalk area of the Lyndale Avenue improvement area inasmuch as officials of the
Minnesota Department of Transportation have determined that this sidewalk improve-
went would jeopardize the operation of this business by eliminating a large portion
Council Meeting Minutes
-11- August 13, 1979
of the parking lot area.
Motion by Jacobsen, 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. 6116
DELETION OF EASEMENTS, LYNDALE AVENUE
IMPROVEMENT PROJECT
Poll of votes: Ayes - Collins, Jacobsen, Ludeman, Luettinger, Law. Nays - None.
Carried. This resolution appears as Resolution No. 6116 in Resolution Book No. 43.
14. Tabulation of Bids, Minutes and Award of Contract for Improvements to Lift
Station No. 4.
Motion by Jacobsen, seconded by Ludeman that consideration of this item be
deferred.
A11 ayes - Carried.
15_._ Authorization to Advertise for Bids for Resealing Joints. Lvndale Avenue
Between 74th and 78th Street
Karl Nollenberger, City Manager, recommended council authorization to advertise
for bids to repair joints in the concrete pavement on Lyndale Avenue from 74th Street
to approximately 78th Street. He advised that this project would be funded by state
aid maintenance monies.
Motion by Ludeman, seconded by Luettinger to authorize the advertisement for
bids for this street maintenance work.
All ayes - Carried.
16. Approval of Interior Remodeling. Improvements, Lyndale Avenue Liquor Store
:T.im Lindberg, architect, reviewed the proposed plans for remodeling the interior
of the Lyndale Avenue Liquor Store, as outlined in Council Letter No. 246.
Karl Nollenberger, City Manager, indicated that present exterior improvements
Council Meeting Minutes -12- August 13, 1979
will not be completed until late fall which would delay work on the interior into
the winter holiday season. He recommended that the city council approve the pre-
liminary architect's report at this time and direct the staff to finalize cost
estimates in the 1980 capital improvement budget.
Motion by Ludeman, seconded by Jacobsen to approve the preliminary architect's
report and direct the staff to develop a proposed 1980 Lyndale Liquor Store interior
improvement project for council review in conjunction with the 1980 capital improve-
went budget.
All ayes - Carried.
17. Discussion of Framework for Ne~otiatin~ 1980 Labor Contracts
Karl Nollenberger, City Manager, briefed the city council on anticipated labor
negotiations in which the city will be involved in 1980 when labor contracts with
three of the four organized employee groups expire in December; IUOE Local 49
AFL-CIO, which represents the public works and park maintenance personnel, the
Police Officers Federation and Police Supervisory .Association, and Local 1215,
representing the firefighters. He requested council action on the following recom-
mendations as outlined in Council Letter No. 239:
1. Designate a council liaison for labor negotiation purposes
to work with the city manager during negotiations.
2. Authorize the city manager to appoint a negotiation team.
3. Authorize utilization of an outside labor relations expert
as a resource in legal and highly technical areas which
may arise during the negotiation process.
Motion by Ludeman, seconded by Collins to appoint Mayor Law council liaison,
authorize the city manager to appoint a negotiation team and utilize the city
attorney as the outside labor relations expert.
All ayes - Carried.
Council Meeting Minutes -13- August 13, 199
18. Discussion of Lease Agreement with Richfield. School District for Central
School Office Space
Karl Nollenberger, City Manager, advised the council that the Richfield School
District has notified the city of their intention of increasing the monthly rent
of the space used by the Richfield Youth Employment Service by $30. He recommended
that this item be referred to the joint facilities committee for review for com-
parison of usage fees for city facilities.
Motion by Jacobsen, seconded by Collins to refer this item to the joint
facilities committee for discussion.
All ayes - Carried.
19. Resignation from Wine Licensing Study Committee
Karl Nollenberger, City Manager, presented a letter of resignation of Carlton
W. Lytle from the Wine Licensing Study Committee.
Mayor Law expressed the need for balancing the committee.
Tom Morgan, Public Safety Director, reviewed the purpose of the committee.
Motion by Luettinger, seconded by Ludeman to accept Mr. Lytle's resignation.
Poll of votes: Ayes - Collins, Jacobsen, Ludeman, Luettinger. Nays - Law. Carried.
Motion by Jacobsen, seconded by Collins to expand the committee to nine
members.
Poll of votes: Ayes - Collins, Jacobsen, Ludeman, Law. Nays - Luettinger. Carried.
Motion by Ludeman, seconded by Jacobsen to contact the Chamber of Commerce for
suggestions of interested persons to fill this committee.
All ayes - Carried.
20. Payments and Estimates
Motion by Jacobsen, seconded by Collins that the following payments and
estimates be approved:
Council Meeting Minutes -14- August T3, 1979
A. Estimate ~~1 Landshapes, Inc. - Nicollet Playlot Construction,
CP 735, 82% complete - $13,680
B. Estimate ~k2 and final - Schumann Bros:, Inc. - repainting of
Penn Water Tower, 100% complete - $4,720
C. Estimate ~~3: Bud Johnson Construction - golf course club house
and maintenance building, CF 688 - 64% complete - $71,480.70
All ayes - Carried.
21. Claims and Payrolls
Motion by Collins, seconded by Luettinger that the following claims and
payrolls be approved:
RICHFIELD BANK & TRUST
Checks 50276/51276 Payroll $ 171,433.10
Checks 41681/42551 General ~ 277,478.64
SUMMIT STATE BANK
Checks 51056/51298 $1,506,001.38
All ayes - Carried.
22. .Licenses
Motion by Jacobsen, seconded by Collins that the following license be denied:
New Third Stone Music, 48 W. 66th Street Cigarette
All ayes - Carried.
Motion by Jacobsen,~seconded by Collins t~iat the following licenses be
approved:
Regular
New Evangelical Free Church of America, 1515 E. 66th Street Soft Drink
Renewal Sub. Wood Products, 715 W. 77 1/2 Street Soft Drink
New United Stores, 6 W. 66th Street Itinerant Food
New Lindahl Olds, 1900 W. 78th Street ~ Soft Drink
New Minnesota Federal. Savings & Loan, 44 W. 66th. Street Portable Sign, Hub
Renewal Elaine Bergquist, 7429 Humboldt Avenue Commercial Kennel
LJ
J
fl
Council Meeting Minutes
Licenses (Continued)
Street Barricade Requests
-15-
Jackie Preusse, 7409 Vincent, 74th and 75th Vincent - September 8
Catherine Blanch, 7300 Russell, 73rd and 75th Russell - August 25
Taxicab Drivers
New John Chester, 5732 20th Avenue
New Allan Jeffrey, 3156 Idaho Avenue
Renewal Brian Pearson, 4133 Cedar Avenue
New Duane McMahon, 6412 Cedar Avenue
Renewal John Bryson, 3612 Blaisdell Avenue
New Thomas Breen, 5226 Humboldt Avenue N.
New Sunny Williams, 6938 Cedar Avenue
New Peter Devaney, 4644 Nokomis Avenue
New Dale Wallin, 5125 Abbot Avenue S.
New Michael Hoy, 3527 Garfield Avenue
New Garald Vang, 318 S.E. 12th Street
Renewal Daniel Clough, 514 11th Avenue S.E.
New Diane Christopherson, 6041 13th Avenue
New William Fischer, 5725 36th Avenue
New Douglas Maple, 4700 9 Mile Creek Parkway
New John Farley, 3893 Knox Avenue
New Steven Johnson, B675 Theresa Place
New Edward Scheidler, 3315 Columbus Avenue
New Richard Mork, 801 Thornton Street S.E.
All ayes - Carried.
23. Adjournment
Motion by Luettinger, seconded by Collins that the meeting adjourn.
A11 ayes - Carried. Time: 12:45 a.m., August 14, 1979.
Date Approved: August 27, 1979
S is K. Bergh Acting y Clerk
August 13, 1979