07-28-1980,~
CITY OF RICHFIELD
Regular Meeting
July 28, 1980
The City Council of the City of Richfield met in regular session in the Council
Chambers of the City Hall on Monday, July 28, 1980 at 7:00 p.m.
Councilman Ludeman gave the invocation.
The meeting was called to order by Mayor Donald J. Priebe at 7:05 p.m.
Present: Bunce, Collins, Ludeman, Luettinger, Priebe
1. Minutes
Motion by Ludeman, seconded by Bunce that the minutes of the regular city
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council meeting of July 14, 1980, and the Joint City Council/Planning Commission
meeting of July 8, 1980, be approved as submitted.
All ayes - Carried.
2. Presentation of Certificates of Appreciation to Outgoing Commission Members
Mayor Priebe presented certificates of appreciation to outgoing Human Rights
Commission members Ralph Olson and Dawn Nilsen. Mr. Olson was present to accept
his certificate.
3. Presentation by Minnesota Symphonic Winds re Sponsorship b the City of Richfield
Debby and Claude Benson, 7021 Columbus, appeared before the council and spoke
on behalf of the Minnesota Symphonic Winds. They suggested the possibilty of
sponsorship by the city which could be a mutually benefical relationship. They
played a tape from one of their recent concerts.
The council expressed a need for further study before any decision could be
made.
The city attorney said there is a statute to allow for "municipal bands".
4. Hearing on Appeal of City Order for Compliance with Fire Code, 84 West 78th Street
City Manager Karl Nollenberger opened the hearing on appeal of order for
compliance with fire code and determination of the proper ex excise of discretion
with regard to the action of the fire chief in this matter. He stated that the
Council Meeting Minutes -2- July 28, 1980
building, located at 84 West 78th Strret and owned by Mr. J. E. Braas, was originally
utilized for light manufacturing and sales functions and that use was in conformance
with the fire code. However, since it is presently being utilized as a paint store
under the lease of Glidden Paint Company, this use is in violation of the fire-code.
Public Safety Director Tom Morgan reviewed the city ordinance and the fire
prevention code and cited the safety violations.
Fire_Marshal/Assistant Fire Chief Pat Coughlin showed pictures taken when the
building was inspected that revealed the unsafe conditions. Mr. Coughlin responded
to council questions and read Section 1.214A, from the Minnesota Uniform Fire Code
verbatim.
The'attorney representing the Glidden Paint Company called the slides a
misrepresentation of the facts and explained the company side of the appeal. He
said that after eighteen months of occupancy the company felt "put upon" and that
the requirements of the fire department were excessive.
The legal representative of Mr. Braas, owner of the building, said the use
as a paint store of the building was a proper use and that his client would have
to pay for the upgrading of the sprinklers.
City Attorney Clayton LeFevere brought up the municipal liability and cited
a related law case.
Motion by Collins, seconded by Bunce to close the hearing.
All ayes - Carried.
Motion by Luettinger, seconded by Bunce that it is determined the order
to be proper and in compliance with the provisions of the fire code. The appeal
is denied.
All ayes - Carried.
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Motion by Luettinger, seconded by Bunce to recommend that Mr. Braas comply
with the fire code by implementing the following improvements as listed in Exhibit
Two of Council Letter No. 254:
1. An approved sprinkler system must be installed throughout the building.
The sprinkler alarm must be connected directly~to the Richfield Public
Safety Dispatch Center.
2.' An approved indoor storage room must be constructed for storage of
flammable liquids. It shall be a cut-off room, as defined in NFPA 30.
3. ~An approved electrical system for fiazardous locations must be installed.
4. An additional exist may be required from the northeast corner of the
building.
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5. Approved aisles to existing exits must be maintained.
6. Smoking in the storage areas must be prohibited.
7. Container stacking must meet the requirements of NFPA 30.
All ayes - Carried. '
5. Public Hearing on Tax Exempt Financing for Lyndale Hardware Renovation Project
City Manager Karl Nollenberger opened the hearing on the issuance of industrial
development revenue bonds to finance the acquisition and renovation of the Lyndale
Hardware property. The S & M Company, owners of Lyndale Hardware, are proposing
improvements to the building exterior, interior and parking lot area. The city
m anager indicated that preliminary plans of the developer's agreement have been
drafted, however, final agreement has not yet been r-each ed.
J. E. Brill, Jr., attorney for the S & M Company, spoke on his client's
behalf.
James Cooperman, the firm's architect, showed site plans for the proposed
renovation.
Larry Wozniczka, 6744 Wentowrth, asked various questions about the proposed
renovation relating to the size increase, parking allocation, the cost of $1.5
Council Meeting Minutes - -4- July 28, 1980 ,
million for the project, and public access to the hearings.
The council asked questions and made comments regarding the proposed project.
Gertrude Ulrich, 7601 Aldrich, praised the choice of J. Cooperman for the
architect.
Motion by Ludeman, seconded by Bunce to close the hearing and delay consideration
or adoption of a preliminary resolution in support of the financing until the
August 11, 1980, council meeting.
Poll of votes: Ayes - Bunce, Co-llins, Ludeman, Priebe. Nays - Luettinger.
Carried.
Councilman Luettinger indicated that he felt the public hearing should remain
open until August 11, 1980.
6. Validity of Petition Submitted by Superamerica to Rezone the Propert Located
at 7645 Nicollet Avenue from C-1 to C-2
City Manager Karl Nollenberger advised the city council that since Superamerica
had submitted the petition for rezoning this property in April of 1980, and- the
city council give first reading approval to the zoning ordinance, there has been
a question about the validity of the signatures on the petition. He recommended
that the city council reject the applicat-ion's petition for rezoning.
-John Hoganson, 1240 West 98th Street, representing Superamerica, said they
will proceed with a new petition.
Motion by Ludeman, seconded by Bunce to defeat the rezoning ordinance in
second reading.
All ayes - Carried.
7. Ordinance Amendment Relating to Fence Setbacks. First Reading.
City Manager Karl Nollenberger advised the city council that since the
ordinance code relating to fence setbacks was amended approximately one year ago
to require the set back to be a minimum of three feet from the public right-of-way,
Council Meeting Minutes
complaints have been received.
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July 28, 1980
Since this requirement would not be necessary in
areas where there are no public sidewalks where no construction is anticipated,
and there is adequate snow storage space; the city manager recommended that the
city council give first reading approval. to an amendment that would allow the
city manager to waive the three foot setback requirement in some instances:
Bill 19$0-17, "An Amendment to Chapter III, Section 3.39 of the Ordinance
Cade 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-9917)
Motion by Ludeman, seconded by Collins that this constitute a first reading
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of Bill 1980-17; that it be published in the official newspaper and that second
reading of this ordinance amendment be scheduled for August 25, 1980.
Poll of votes: Ayes - Bunce, Collins, Ludeman, Luettinger, Priebe. Nays.- None.
Carried.
8. Ordinance Amendment Relating to Hours of Business for Unattended Car Washes
Contiguous to Residential Areas. First Reading.
City Manager Karl Nollenberger presented an ordinance amendment to hours of
business for unattended car washes adjacent to residential areas for city council
review.
Bill 1980-18, "An Amendment to Chapter VI Section 6.04 of the Ordinance Code
of the City of Richfield Relating to Automobile Washing Establishments", was read
and reviewed by City Attorney Clayton LeFevere, the same being on file in the
office of the city clerk. (C-9918)
Motion by Luettinger, seconded by Bunce that this constitute a first reading
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of Bill 1980-18; that it be published in the official newspaper and that second
reading of this ordinance amendment be scheduled for August 25, 1980.
Poll of votes: Ayes - Bunce, Collins, Luettinger, Priebe. Nays - Ludeman.
Carried.
Council Meeting Minutes -6- July 28, 1980
9. Traffic Control Requests
City Manager Karl Nollenberger discussed traffic control requests that had
been deferred from the last council meeting for city council consideration.
Gertrude Ulrich, 7601 Aldrich, spoke of parking along Cedar Avenue creating
a problem.
After city council review, 'the following decisions were made:
notion by Luettinger, seconded by Collins that a "Road Narrows" sign ~be
installed on 7345 Lyndale Avenue where the road narrows from two lanes to one
lane.
All ayes - Carried.
Motion by Luettinger, seconded by Collins-that the following resolution be
a dopted; that it be spread in the resolution book and that it be made a part of
these minutes:
RESOLUTION N0. 6264
RESOLUTION RELATING TO TRAFFIC CONTROL
"NO PARKING ANYTI~i1E" ON THE DEADEND PORTION
OF BRYANT AVENUE NORTH OF OAK GROVE BOULEVARD
Poll of votes: Ayes - Bunce, Collins, Ludeman, Luettinger, Priebe, Nays - None,
Carried. This resolution appears as Resolution No. 6264 in Resolution Book No, 45.
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Motion by Luettinger, 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. 6265
RESOLUTION RELATING TO TRAFFIC CONTROL
"NO PARKING HERE TO CORNER" ON WEST SIDE
OF CEDt'\R AVENUE 30 FEET SOUTH OF DIAGONAL
BOULEVARD AND ON THE SOUTIi SIDE OF DIAGONAL
BOULEVARD 30 FEET WEST OF CEDAR
Council Meeting Minutes -7- July 28, 1980
Poll of votes: Ayes - Bunce, Collins, Ludeman, Luettinger, Priebe. Nays - None.
Carried. This resolution appears as Resolution No. 6265 in Resolution Book No. 45.
Motion by Luettinger, 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. 6266
RESOLUTION RELATING TO TRAFFIC CONTROL
FOUR WAY "STOP" SIGN INSTALLED AT THE
INTERSECTION OF 66TH STREET AND
STANDISH AVENUE
Po11 of votes: Ayes - Bunce, Collins, Ludeman, Luettinger, Priebe. •Nays - None.
Carried. This resolution appears as Resolution No. 6266 in Resolution Book No. 45.
Motion by Luettinger, 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. 6267
RESOLUTION RELATING TO TRAFFIC CONTROL
"NO PARKING" SOUTH SIDE OF 66TH STREET
FROM LONGFELLOW AVENUE TO 24TH AVENUE
Poll of votes: Ayes - Bunce, Collins, Ludeman, Luettinger, Priebe. Nays - None.
Carried. This resolution appears as Resolution No. 6267 in Resolution Book No. 45.
Motion by Luettinger, 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. 6268
RESOLUTION RELATING TO TRAFFIC CONTROL
"NO PARKING ANYTIl~IE" ON THE WEST SIDE OF
QUEEN AVENUE 100 FEET NORTH OF 66TH STREET
Poll of votes: Ayes - Bunce, Collins, Ludeman, Luettinger, Priebe. Nays - None.
Carried. This z.~solution appears as Resolution No. 6268 in Resolution Book No. 45.
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Council Meeting Minutes -8- July 28, 1980
Motion by Luettinger, seconded by Collins that center lines be painted on
Cedar Avenue to delineate the lanes from 66th Street to 76th Street.
All ayes - Carried.
~ Motion by Luettinger, seconded by Bunce that the remainder of the traffic
control requests be deferred to the August 11, 1980 city council meeting.
All ayes - Carried.
Richard Keefe, 6900 Sheridan, spoke in favor of four-way stop signs at :that
location.
10. Resolution Receiving Special Assessment Roll and Calling Public Hearing, CP 705
City Manager Karl Nollenberger presented the resolution receiving the special
assessment of $1,900,000 for City Project 705 and calling a public hearing on
August 25, 1980 for city council approval.
Motion by Luettinger, 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. 6269
RESOLUTION RECEIVING THE SPECIAL ASSESSMENT ROLL
AND CALLING HEARING ON PROPOSED ASSESSMENT FOR
L/H/N STREET IMPROVEMENT - CITY PROJECT N0. 705
Poll of votes: Ayes - Bunce, Collins, Ludeman, Luettinger, Priebe. Nays - None.
Carried. This resolution appears as Resolution No. 6269 in Resolution Book No. 45.
Lawrence Wozniczka, 6744 Wentworth, expressed concern for the appeal procedure
available in a public hearing, which now states that an appeal to an assessment
must be made in writing. The city attorney clarified the appeal process for Mr.
Wozniczka.
11. Resolution Relating to Sidewalk Construction, Xerxes Avenue to York Avenue
City Manager Karl Nollenberger presented a resolution relating to sidewalk
construction in the area of Xerxes and York Avenues that had been drafted at
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Council Meeting Minutes -9- July 28, 1980
the request of the city council.
Motion by Collins, 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. 6262
RESOLUTION REGARDING SIDEWALK INSTALLATION
FROM XERXES AVENUE TO YORK AVENUE
Poll of votes: Ayes - Bunce, Collins, Ludeman, Luettinger, Priebe. Nays - None.
Carried. This resolution appears as Resolution No. 6262 in Resolution Book No. 45.
12. Resolution Regarding Emergency Ambulance Service in the City of Richfield
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City Manager Karl Nollenberger reviewed a resolution requesting that the City
of Richfield should receive an equal share of the ambulance service currently
provided by the Hennepin County Medical Center and support the medical center's
attempt to expand this service into the city. He recommended that the city council
adopt this resolution which will be introduced at the next scheduled public hearing
of the Metropolitan Health Board on August 13, 1980.
Motion by Luettinger, 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. 6263
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RESOLUTION IN SUPPORT OF THE
REQUEST FOR AN EMERGENCY AMBULANCE BASE STATION
TO SERVICE THE CITY OF RICHFIELD, MINNESOTA
Poll of votes: Ayes - Bunce, Collins, Ludeman, Luettinger, Priebe. Nays - None.
Carried. This resolution appears as Resolution No. 6263 in Resolution Book No. 45.x'
13. Proposed Metropolitan Council Plan Amendment Guidelines
City Manager Karl Nollenberger advised the city council of a proposed public
hearing for July 31, 1980, set by the Metropolitan Council for the purpose of
soliciting public input to a set of proposed plan amendment guidelines. He said
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Council Meeting Minutes -10- July 28, 1980 `
that the 1976 Metropolitan Land Planning Act does not clearly address the issue
of how comprehensive plan amendments are to be made once a community's compre-
hensive plan is adopted and he recommended that the city council register its
opposition to the Metropolitan Council's guidelines for review of proposed
amendments to local comprehensive plans.
Motion by Ludeman, seconded by Luettinger to direct the city manager to
pursue revision of these proposed guidelines~so that they would apply only to
land use plan amendments which are of regional significance.
All ayes - Carried.
14. Discussion of Field Facilities Expansion at Metropolitan International Airport
City Manager Karl Nollenberger discussed the proposed expansion of certain
facilities at the Metropolitan Airport and the possible increase fn noise levels
over Richfield these expansions may cause. He suggested having a representative
of the MAC discuss these matters with the council some time in the future.
Motion by Ludeman, seconded by Luettinger to request the city manager to
attempt to schedule a presentation of the proposed airport expansion by a member
of the MAC for the August 11, 1980 city council meeting.
All ayes - Carried.
15. Authorization to Enter Into Contract for Certain Public Health Inspection
Services
City Manager Karl Nollenberger provided background of the operation of
inspection services since the city's administrative reorganization combined the
environmental health activities into the Public Safety Department. He indicated
that all routine environmental health inspection has been taken over by the Public
Safety Department, however, they have encountered difficulty .in maintaining a
quality level of inspections in the food service establishments. The city has
received a proposal from Capsul Laboratory, a division of Economics Laboratory,
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Council Meeting Minutes -11- July 28, 1980
Inc., to conduct these food service inspections on a semi-annual basis for an
annual fee of $8,500. The city manager recommended that the city council authorize
a one year contract with this organization.
Motion by Ludeman, seconded by Luettinger to authorize the city manager to
' enter into a professional services contract with Capsule~Laboratories for
inspection of restaurants.
All ayes - Carried.
16. Discussion of Issues Pending Before the Suburban Rate Authority
City Attorney Clayton LeFevere apprised the city council of issues now
pending before the Suburban R~}te Authority.
17. Appointment of Youth Member to Human Rights Commission
City Manager Karl Nollenberger presented applications- for a youth member
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to the Human Rights Commission.
Motion by Luettinger, seconded by Collins to appoint Denise E. Margarit,
6738 Oakland, to serve a one year term, expiring May, 1981, on the Human Rights
Commission.
All ayes - Carried.
18. Minutes,. Tabulation of Bids and Award of Contract, Telephone System Bids
City Manager Karl Nollenberger reviewed the bids received June 20, 1980
for the installation of a telephone communications system. He indicated that
the bid submitted by Telamerica would be the most economical for the city.
Telamerica has estimated that the new telephone equipment can be installed and
operational by the end of the year, and it is estimated that the city's
telephone costs in 1981 will be $21,983.65 Less than in 1980, assuming no rate
increase from the present telephone service company. The city manager recommended
that the city council accept the bid of Telamerica.
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Council Meeting Minutes -12- July 28, 1980 ,
Paul Proctor, vice president of Telamerica, spoke on the company's behalf
and answered council questions.
Motion by Collins, seconded by Bunce that the following resolution be adopted;
that it be spread in the resolution book and that it be made a part of these minutes:
- RESOLUTION N0. 6270
RESOLUTION AWARDING BID FOR TELEPHONE
SYSTEM TO TELAMERICA, INC.
Poll of votes: Ayes - Bunce, Collins, Ludeman, Luettinger, Priebe. Nays - None.
Carried. This resolution appears as Resolution No. 6270 in Resolution Book No. 45.
19. Consent Agenda
Motion by Ludeman, seconded by Collins that the following items be approved:
A. Setting Date of Hearing for Wine License Application, Shaker's Pizza Parlor,
500 E. 78th Street - Council Letter 263
Set the date of August 25, 1980 for a public hearing for a wine license.
B. Tabulation of Bids, Minutes and .Award of Contract, Nature Center Carpeting -
Council Letter 225
Award carpet bid to Commers Interiors, Inc., for Alternate 2 in the amount
of $7,509.69 and change completion date to October 1, 1980.
C. Planning Commission Recommendation Regarding CP 705 - Council Letter 257
Receive the recommendation of the Planning Commission regarding the planned
acquisitions and capital improvements for CP 705.
D. Purchases in Excess of $1,000
Fencing and Gates - from Anchor Fence, in the amount-of $2,408.86 for the
water plant.
Golf Course Tee Box Package - Benches purchase through donations of 27
permanent redwood benches at a unit price of $104.30 for a total purchase
price of $2,816.10 from Earl F. Anderson & Associates. _
Council Meeting Minutes
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July 28, 1980
LJaste Baskets - Purchase through donations 27 permanent redwood waste baskets
at a unit price of $93.85 for a total cost of $2,533.95 from Earl F. Anderson
& Associates.
Ball Washers - Purchase through donations 17 ball washers from Minnesota Toro,
Inc. at a unit price of $64.50 for a total purchase price of $1,096.50.
Air Compressor - Replacement of the compressor on the York air unit at the
Community Center by advanced Engineering and Manufacturing Co. in the amount
of $1,681.
E. Payments and Estimates
Stanley E. Pond, Jr., Contract 2327, 94% complete - Estimate ~k3,
$9,175.50 - lime sludge removal
Earl Weikle and Sons, Inc., CP 692 - City garage toilet remodeling,
100% complete and final - $8,113
F. Claims and Payrolls .
RICHFIELD BANK & TRUST
Checks 59838/60242 Payroll $ 191,264.26
Checks 1305/47513 General 944,339.00
SUMMIT STATE BANK
Checks 55121/55147 $2,511,319.19
G.' Block Parties
Jerry Johnson, Columbus Avenue 69th to 70th Street
August 16, 1980 - 4:00 p.m. - midnight
Yvonne Bartlette, Aldrich Avenue 75th and 76th Street
August 2, 1980 - 1:00 p.m.
Penny Becker, Grand Avenue 72nd and 73rd Street,
August 2, 4:30 - 12:00 midnight
All ayes - Carried.
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Council Meeting Minutes ~ -14- July 28, 1980
20. Adjournment
Motion by Bunce, seconded by Luettinger that the meeting adjourn.
All ayes - Carried. Time: 11:47 p.m.
Date Approved: August 11, 1980
ylv' I~. ergh Acting Ci Clerk
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APO _ ~._...
Karl Nollenberger City Manager