05-12-1980CITY OF RICHFIELD
Regular Meeting
May 12, 1980
The City Council of the City of Richfield met in regular session in the
Council Chambers of the City Hall on Monday, May 12, 1989 at 7:00 P.M.
Council member Juanita Collins gave the invocation.
Karl Nollenberger, City Manager, led the audience in the Pledge of Allegiance.
The meeting was called to order by Mayor Donald J. Priebe.
Present: Bunce, Collins, Ludeman, Luettinger, Priebe
1. Minutes
Motion by Bunce, seconded by Luettinger that the minutes of the April 28,
1980, city council meeting be approved with one amendment; on Page 13, Item 19,
the date mentioned be changed from May 26, to May 12, 1980.
All ayes-- Carried.
2. Report on 1979 Community Health Services
Ms. Charlene Swanell, Chairman of the Advisory Board of Health, spoke on
the 1979 Community Health Services Program report. Mr. Manny Roesler, Environmental
Health Director, distributed the report to council mambers. Councilman Ludeman
highly praised the organization and its efforts.
3. Opportunity for Members of the General Public to Make Comments
John Gieske, 7644 - 1st Avenue, expressed his concern about litter and noise
generated from adjacent commercial establishments.
Shirley Hokanson, 7345 Russell, District 37A State Legislator, expressed her
appreciation to the city council for their excellent cooperation in working with
the legislature.
4. Request for Special Use Permit to Allow the Sale of Wine, Shakey's Pizza
Parlor, 500 East 78th Street
Motion by Luettinger, seconded by Ludeman to defer approval of the application
for a special use permit to serve wine until May 27, 1980, when the applicant
Council Meeting Minutes -2- May 12, 1980
can appear before the council.
A11 ayes - Carried.
5. Request for Special Use Permit to Allow the Sale of Wine, Fireside Pizza,
6736 Penn Avenue
Karl Nollenberger, City Manager, presented the application of Fireside
Pizza for a special use permit to allow the sale of wine. He advised that the
staff had recommended that the special use permit. be granted with the following
stipulations as outlined in Council Letter No. 167:
1. The parking lot be repaired and striped~in order to meet
terms of the off-street parking contract and to allow
for an efficient and orderly flow of traffic from the
site onto Penn Avenue.
2. The waste storage area be cleaned up and brought in
compliance with code requirements to the satisfaction
of the environmental health office.
3. The fence on the parking lot perimeter be repaired to
provide buffering for surrounding properties.
4. A wine license be obtained.
Dave Miller, 10420 Humboldt Avenue, Bloomington, owner of Fireside Pizza,
spoke in behalf of his application for a wine license and responded to questions
from the council.
Councilman Bunce praised Mr. Miller's restaurant as being clean and well
run.
Motion by Luettinger, seconded by Ludeman to close the hearing.
All ayes - Carried.
Motion by $unce, seconded by Collins to approve this application for a
special-use permit subject to the stipulations listed by the staff.
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A11 ayes - Carried.
Council Meeting Minutes -3- May 12, 1980
6. Request for Variances to Sideyard Setback to Construct Deck and Erect
Six Foot Fence, 6600 James Avenue
Karl Nollenberger, City Manager, presented the request of Al D. Keenan,
6600 James Avenue, for a variance~to reduce the rear yard setback from the
existing 5 feet to 0 feet to allow construction of a deck. The applicant also
requested a variance to increase the maximum height of a fence on the front
yard from 4 feet to 6 feet.
Mr. Keenan, the applicant, appeared in support of his request for these
variances.
Motion by Ludeman, seconded by Luettinger to close the hearing.
A11 ayes - Carried.
Motion by Ludeman, seconded by Bunce to grant the variance for the erection
of the deck with the supports of the deck to be set back one foot from the property
line rather than zero feet, and to approve the erection of a six foot fence in the
front yard.
All ayes - Carried.
Councilman Luettinger stated he was opposed to a six foot fence in this
instance.
7. Request for Special Use Permit and Off-Street Parking Contract to A11ow a
Restaurant, 616 E. 78th Street
Karl Nollenberger, City Manager, reviewed the request of Mr. Brian Bangs
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for a special use permit and off-street parking contract to open a "take out"
pizza restaurant under the name of Green Mi11 Inn, Inc. He indicated that the
staff and planning commission had recommended approval of this application for
a special use permit, subject to the following stipulations as listed in Council
Letter No. 163:
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Council Meeting Minutes -4= May 12, 1880
1. The parking lot design be altered to provide 20 off-street
parking spaces.
2. The applicant construct a solid fence on the east property
line to buffer the adjacent property from lights and noise.
3. The applicant is informed that th-e special use permit is
for the restaurant now being proposed, and that any expansion
in the future 'will necessitate approval. of another special use
permit, and that if seating is to be added at a future date,
the off-street parking requirement may change.
4. The applicant apply for an off-street parking permit.
Mr. Bangs, the applicant, spoke in behalf of his proposed restaurant.
Motion by Ludeman, seconded by Collins to close the hearing.
A11 ayes - Carried.
Motion by Luettinger, seconded by Ludeman to grant this special use permit
subject to the stipulations mentioned previously.
Motion by Luettinger, seconded by Ludeman that the following resolution be
adopted; that it be spread in the resolution book and that it be made apart of
these minutes:
RESOLUTION N0. 6236
RESOLUTION APPROVING LAYOUT AND CONTRACT
FOR OFF-STREET PARKING
Green Mill Inn, Inc.
616 E. 78th Street
Take Out Pizza Restaurant ;
Poll of votes: Ayes - Collins, Luettinger, Bunce, Ludeman, Priebe. Nays - None.
Carried. This resolution appears as Resolution No. 6236 in Resolution Book No. 44.
8. Request for Special Use Permit and Off-Street Parking Permit, St. Peter's
Church, 6720 Nicollet Avenue
Karl Nollenberger, City Manager, reviewed the request of St. Peter's Catholic
Church for a special use permit to construct a 12,720 square foot addition to
their existing building. The church plans to remove the existing church and a
Council Meeting Minutes -5- May 12, 1980
portion of the school facility and build a new narthex and church building in
its place.
Frank Riley, 6915 Portland, representing St. Peter's parish, indicated the
church expects to complete its new structure by next Easter.
Mr. Thomas Stahl, 200 W. Old Shakopee Road, architect for the church,
responded to questions from the council.
Motion by Luettinger, seconded by Ludeman to close the hearing.
A11 ayes - Carried.
Motion by Luettinger, seconded by Ludeman to approve the special use
permit.
All ayes - Carried.
Motion by Luettinger, 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. 6233
RESOLUTION APPROVING LAYOUT AND CONTRACT FOR
OFF-STREET PARKING IlV ACCORDANCE WITH APPLICATION
N0. 80-2, CONTRACT N0. 2321
Church of St. Peter
6730 Nicollet Avenue
Location: Same
Use: New church structure
Poll of votes: Ayes - Collins, Luettinger, Bunce, Ludeman, Priebe. Nays - None.
Carried. This resolution appears as Resolution No. 6233 in Resolution Book No. 44.
9. Request for Variance and Special Use Permit, 6608 Elliot Avenue, to Allow
Construction of a Double Bungalow
Karl Nollenberger, City Manager, presented the request of Roy and Beatrice
Wikstrom for a variance and a special use permit to allow construction of a double
bungalow at 6608 Elliot Avenue. The property is zoned C-2 general commercial and
multi-family dwellings are allowed in a C-2 district only by special use permit.
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council ~tiieeting ~linutes -b- May 12, 19130
A variance is necessary because the lot is 307.75 sq, ft, smaller than the
minimum lot requirement. The City Manager indicated that the staff had recom-
mended approval of granting the special use permit, but not the variance; and
that the Planning Commission had recommended approval of both requests.
Gary Harris, son-in-law of Mr, and Mrs. Wikstrom, appeared in support
of the request.
Clayton LeFevere, City Attorney, provided legal counsel into the criteria
for variances.
Gertrude Ulrich, 7601 Aldrich, speaking as a member of the Planning
Commission, suggested a joint meeting of the city council and Planning Commission
to discuss criteria if there is to be a move toward multiple dwellings.
Motion by Bunce, seconded by Luettinger to close the hearing.
All ayes - Carried.
Motion by Ludeman, seconded by Luettinger to grant the variance and the
special use permit with the stipulation that a landscape or fence buffer be con-
structed between the proposed structure and the commerical uses to the north,
to screen the duplex from headlights and noise from the adjacent commercial uses.
AlI ayes - Carried.
10. Request for Variance and Off-Street Parking Permit to Allow a Six Stor
Office Buildin at 1400 West 76th Street
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Dennis Kraft, Community Development Director, presented the proposal of
Erickson and Sons, Inc. to construct a six-story office building at 1400 West
76th Street. The proposed structure will also include a two-level parking deck
to provide parking for 327 cars. The applicant has requested a variance to the
height requirements of the ordinance, which limits the building heights to three
stories or 40 feet, and a variance to the number of vehicle parking spaces required.
Mr. Kraft indicated that the applicant will be requesting the city to .issue
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Council Meeting Minutes
-7-
May 12, 1980
industrial development revenue bonds to finance this development.
Charles Erickson; president of Erickson and Sons, Inc., spoke on this
development and said an economic hardship would result if the project were built
at 3 or 4 stories rather than 6 stories.
Del Erickson, architect for Erickson and Sons, Inc., used a scale model
to explain haw the structure would be built to utilize the maximum solar energy.
Karl Nollenberger, City Manager, read a letter from the Minnesota Department
of Transportation (C-9909) to Mrs. Edward Cerny, 7545 Fremont Avenue, stating
the state had no plans to install traffic control devices at 76th Street and I-35W.
Ms. Kay Schwie, 7514 Girard Avenue, expressed concerns about the development
and suggested an environmental impact study should be made. The City Manager said
such a study is not required in this instance.
The following individuals expressed their opposition to the proposed
development:
Mrs. W. H. Olson, 7532 Fremont Avenue
Mr. and Mrs. Dale Schwie, 7514 Girard Avenue
Russ Moehrle, 7304 Dupont Avenue
Mr. and Mrs. Ed. Cerney, 7545 Fremont Avenue
Ilot Sorum, 7537 Fremont Avenue
Harold Djerf, 7340 Fremont Avenue
Gary Ness, 7520 Girard Avenue
Mary Nelson, 7409 Fremont Avenue
Ms. Arta Groth, 7520 Fremont Avenue, asked if Erickson and Sons, Inc., were
willing to pay for semaphores.
Shirley Hokanson, State Legislator, said she has been frequently contacted•
about 76th Street traffic related problems.
Clayton LeFevere, City Attorney, provided legal clarification regarding
the exercise of property rights.
Councilman Luettinger expressed his support of high rises, but said he
shares the concerns of residents for increased traffic problems.
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Council Meeting Minutes -8- May 12, 1980
Richard Blevins, 7539 Washburn, and Gertrude Ulrich, 7b01 Aldrich, spoke
•as members of the Planning Commission.
Motion by Luettinger, seconded by Collins to close the hearing.
All ayes - Carried.
Motion by Luettinger, seconded by Bunce to grant the variance subject to
the following stipulations, as outlined in Council Letter No. 175:
1. Off-street parking spaces for 365 cars be provided on
the site.
2. A two-way access road to 78th Street be provided.
3. Semaphores at the 76th Street entrance be provided.
4. Appropriate signage be installed in the parking lot area
to encourage usage of the 78th Street exist.
All ayes - Carried.
11. Approval of Off-Street Parking Permit, Richfield Medical Group
Karl Nollenberger, City Manager, presented the application of Richfield
Medical Group, 6440 Nicollet, for an off-street parking permit to allow them to
construct a parking lot adjacent to their present location. The site of the
parking lot is a vacant lot formerly occupied by a Mobil Oil Service Station.
A portion of the parking lot will be on city-owned land to the north of the
doctors' building and it will be necessary to execute an agreement between
Richfield Medical Group and the city to permit use of this land. The City
Manager recommended that the off-street parking contract be approved subject
to the following stipulations as outlined in Council Letter No. 165:
1. The applicant enter into an agreement with the city to
' allow them to use a portion of city-owned land.
2. The traffic signal control box on the north edge-of the
proposed parking lot remain at its present location and
be protected from automobiles. Final design of the area
around the control box should be approved by city staff.
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Council Meeting Minutes -9- May I2, 1980
3. Drainage of the northwest corner of the site be changed
to prevent drainage onto the public sidewalk. The final
drainage design should be approved by city staff.
4. The section of old 65th Street between Nicollet Avenue and
the Hub Shopping Center be vacated subject to easements as
agreed upon by the Summit Bank and Richfield Medical Group.
Dr. Robert Sturgis, of the Richfield Medical Group, spoke in .behalf of
this proposal but stated he objected to stipulation No. 4.
Motion by Luettinger, 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. 6234
RESOLUTION APPROVIl'~G LAYOUT AND CONTRACT FOR
OFF-STREET PARKING TN ACCORDANCE WITH APPLICATION
N0. 80-1, CONTRACT N0. 2320
Richfield Medical Group
6440 Nieo~llet Avenue _
Location;: Same
Use: News Parking Area
Poll of votes: Ayes - Collins, Luettinger, Bunce, Ludeman, Priebe. Nays - None.
Carried. This resolution appears as Resolution No. 6234 in Resolution Book No. 44.
12. Discussion of Ordinance Amen~ent Providing for Licensing of the Sale of
3.2 Beer in City Parks
Karl Nollenberger, City Manager, reviewed a proposed ordinance amendment
which would permit the licensed sale of 3.2 beer in city parks under certain
restrictive condtions. This ordinance amendment was drafted by the City Attorney
as a result of a request from personnel of the fire department.
Steven Krinhop, representing the firefighters, said the fire division-employees
are interested in sponsoring a softball tournament in connection with the city's
Fourth of July celebration. This tournament would be a benefit for the Muscular
Dystrophy Association and they wished to provide food and nonintoxicating malt
liquor. Mr. Krinhop responded to e~nestions from the council.
Council Meeting Minutes -10- May 12, 1980
The city council suggested several changes in the proposed ordinance and
the City Attorney incorporated these changes into the ordinance for first reading
publication. -
Bill 1980-13, "Amendments to Chapter IV, Appendix D and Chapter X, Part
III 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-9910)
Motion by Bunce, seconded by Luettinger that this constitute a first
reading of Bill 1980-13, as amended; that it be published in the official news-
paper and that second reading of this ordinance amendment be scheduled for
June 9, 1980.
Poll of votes: Ayes - Collins, Luettinger, Bunce, Priebe. Nays - Ludeman. Carried.
13. Ordinance Amendment Relating to Bicycle Paths. Second Reading.
Karl Nollenberger, City Manager, recommended that the city council give
second reading approval to the ordinance relating to bicycle paths.
Bill 1980-10, "An Amendment to Chapter V, Part IV, Section 5.34 of the
Ordinance Code of the City of Richfield, Minnesota", relating to bicycles and
bicycle riding, was read and reviewed by City Attorney, Clayton LeFevere, the
same being on file in the office of the city clerk. (C-9904)
Motion by Luettinger, seconded by Ludeman that this constitute a second ;
reading of Bill 1980-10; that it be published in the official newspaper and
that it be made a part of these minutes.
Poll of votes: Ayes - Collins, Luettinger, Bunce, Priebe. Nays - None. Carried.
14. Funding Alternatives for Lvndale Avenue-Lake Shore Drive-64th Street and
Adams Hill Improvements -
Karl Nollenberger, City Manager, discussed funding alternatives for the
improvement project on Lyndale Avenue from 64th Street south to Lake Shore Drive
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Council Meeting Minutes -11- May 12, 1980
(CP 7052) and Adams Hi11 Park improvements in light of the President's recent
freeze on FAU funds and LAWCON funds. He indicated that certain legislators
feel the cutback in funds will be temporary and additional funds may be available
in October. He recommended that CP 7052 be funded with FAU funds even though it
will delay the project until 1981.
The Adams Hill Park project is being funded with Year IV and Year V CDBG
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funds and LAWCON funds. The City Manager stated that, at the present time it is
not known if LAWCON/LCMR funds are being permanently eliminated or whether a
temporary freeze is being imposed. .'The staff should receive more definite infor-
mation from the Office of Planning and Budgeting of the State of Minnesota by
June 1, and the City Manager recommended the delay of any decision until the
June 9, city council meeting.
Motion by Luettinger, seconded by Collins to delay the Lyndale Avenue
project until 1981.
A11 ayes - Carried.
Motion by Ludeman, seconded by Luettinger to delay any action on the Adams
Hill Park project until June 9, 1980.
All ayes•~- Carried.
15. Resolution Appointing Responsible Authority for Minnesota Government Data
Practices Act
Karl Nollenberger, City Manager, advised the city council that the League
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of Minnesota Cities has recently advised that effective January 1, 1980, all
government data collected is public information, unless classified otherwise.
The Data Practices Act provides that a "Responsible Authority" be appointed to
assume the duties of administering the act. The City Manager recommended that
the city council determine who should serve as the Responsible Authority for
administration of the Minnesota Government Data Practices Act and adopt a
Council Meeting Minutes -12- May 12, 1980
resolution affirming this appointment.
Motion by Ludeman, seconded by Bunce to appoint Karl Nollenberger to
serve as the Responsible Authority, 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. 6235
RESOLUTION APPOINTING A RESPONSIBLE AUTHORITY
AND ASSIGNING DUTIES REGARDING CITY DATA
Poll of votes: Ayes - Collins, Luettinger, Bunce, Ludeman, Priebe. Nays - None.
Carried. This resolution appears as Resolution No. 6235 in Resolution Book No. 44.
16. Resolution Regarding Use of City Facilities
Karl Nollenberger, City Manager, reviewed Resolution No. 4721, adopted in
November 22, 1971, which established a policy to regulate the use of the council
chambers. He recommended that, in view of the increased demand for the use of
the council. chambers by the public, a new resolution establishing rental policies
be adopted.
Motion by Ludeman, 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. 6237
RESOLUTION ESTABLISHING A POLICY TO REGUTATE THE USE OF
THE COUNCIL CHAMBERS LOCATED IN THE RICHFIELD CITY HALL
Poll of votes: Ayes - Collins, Luettinger, Bunce, Ludeman, Priebe.- Nays - None,
Carried. This resolution appears as Resolution No. 6237 in Resolution Book No. 44.
17. Snowplowing Problems
Motion by Bunce, seconded by Ludeman to defer consideration of this item
to the May 27, 1980, city council meeting.
All. ayes - Carried.
Council Meeting Minutes -13- May 12, 1980
18. Golf Course Name
Don Fondrick, Community Services Director, presented suggested names
for the golf course for city council consideration. The citizens' golf course
advisory committee had selected the following names in priority order:
1. Rich Acres
2. Green Acres
3. Municipal
Mr. Fondrick said that after a name has been chosen .for the golf course,
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a logo will be prepared.
Motion by Ludeman, seconded by Luettinger to name the golf course
Richfield's Rich Acres Golf Course.
A11 ayes - Carried.
19. Consent Agenda
Motion by Ludeman, seconded by Bunce that the following items be approved:
Agreement with City of Minneapolis to Participate in Urban Corps Intern
Program C.L. 158-F.
Purchases in Excess of $1,000, Golf Course Equipment C.L. 173-A.
Minutes, Tabulation of Bids and Award of Contract, Water Meters C.L. 170-B
Change Order for Golf Course Compression Chamber C.L. 171-C
Denial of Taxicab Driver License C.L. 161-D
Claims and Payrolls
SUMMIT STATE BANK
Checks 55087/63560
RICHFIELD BANK & TRUST
Checks 1116/46398 General
Checks 58123/58409 Payroll
$966,586.60
$537,257.63
162,161.82
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Council Meeting Minutes -14-
Licenses
Regular
New Donot Shop, 6501 Lyndale
New Acom Vending, 8433 Center Drive
Renewal Woodlake Cleaning Center, 6501 Lyndale
Taxicab Driver
' New Dennis Louis, 8336 Chowen Avenue
May 12, 1980
Vending Machine
Vending Machine, Cigarette
Vending Machine
Street Barricades
May 31, 1980 4:00 p.m. - 9:30 p.m., 63rd and Bryant to Mildred Drive,
Mrs. Betty Larson, 6305 Bryant Avenue
June 1, 1980 3:00 p.m. - 10:00 p.m., 68th and 69th Streets - Blaisdell Avenue,
Mrs. Ken McCoy, 6815 Blaisdell
All ayes - Carried.
20. Adjournment
Motion by Luettinger, seconded by Ludeman that the meeting adjourn.
All ayes - Carried. Time: 11:57 p.m.
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Date Approved: May 27, 1980
onald J. Prie a Mayor
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S is K. Bergh Acti City Clerk
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Karl Nollenberger City Manager ~