08-25-1980CITY OF RICHFIELD
Regular Meeting
August 25, 1980
The City Council of the City of Richfield met in regular session in the Council
Chambers of the City Hall on Monday, August 25, 1980 at 7:00 p.m.
Rev. Dan Walter, Pastor of Richfield Evangelical Free Church, gave the invocation.
City Manager Karl Nollenberger led in the Pledge of Allegiance.
The meeting was called to order by Mayor Donald Priebe.
Present: Bunce, Collins, Ludeman, Luettinger, Priebe
1. Minutes
Motion by Bunce, seconded by Luettinger that the minutes of the regular city
council meeting and the joint HRA/city council meeting of August 11, 1980 be
approved with the following corrections:
Page 1: Correct the spelling of Rev. Walter's name.
Page 6: "Mr. John Prest passed out brochures to council members explaining
his proposed site development and spoke on his own behalf. He said
he will never apply for a liquor or beer license, and will rent
parking from neighboring properties if the need arises."
Page 12: Item 17: "Mayor Priebe read a letter from L. Wozniczka expressing
his concerns regarding the project."
All ayes - Carried.
2. Presentation of Award to Employee of the Quarter
Mayor Priebe and City Manager Nollenberger presented the "Employee of the°
Quarter" award to Clarence Vader in recognition of his outstanding service to the
city as custodian of the Community Center for the past eleven years.
3. Opportunity for Members of the Audience to Address the City Council
Shirley Hokanson, 7345 Russell Avenue, State Representative, read a letter
regarding school aid cuts and suggested that a meeting with the state legislators
and the city council be held some time in the future to discuss the city cuts
proposed by the governor.
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Council Meeting Minutes ~ -2- August 25, 1980
4. Application for On-Sale Wine License Shakey's Pizza, 500 E. 78th Street
City Manager Karl Nollenberger advised the city council that an application
for an on-sale wine license had been received from Northstar Pizza Corporat$on and
its vice president, David J. Whetstone, operating as Shakey's Pizza Parlor. He
said that the Public Safety Department has conducted the required investigations
and interviews and that the applicant has provided the required certificate of
insurance in connection with the license request.
Messrs Dave Whetstone and Bob Wallgren appeared in behalf of Shakey's.
The city council stressed that wine must be served to the tables with the
food.
Motion by Collins, seconded by Luettinger to close the hearing.
All ayes - Carried.
Motion by Bunce, seconded by Collins to approve the issuance of an on-sale
wine license to Shakey's Pizza Parlor.
Poll of votes; Ayes - Bunce, Collins,. Ludeman, Priebe. Nays - Luettinger. Carried.
5. Hearing on Special Assessments for C.P. 705
City Manager Karl Nollenberger advised the city council that, because of a
lack of proper publication of the required official notice of hearing and the
incorrect date being listed in the published notice of hearing, the hearing
scheduled for this date has been rescheduled for September 22, 1980. He said the
affected property owners have been notified of the change of hearing date, however,
the city attorney suggested that the city council open the hearing on special
assessment for C.P. 705 at this meeting in case some individuals did not receive
the notice of hearing date change.
The mayor opened the hearing and asked if any persons wished to be heard.
Motion by Collins, seconded by Bunce to close the hearing.
All ayes - Carried.
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Council Meeting Minutes ~-3- August 25, 1980
Motion by Ludeman, seconded by Collins to reset this hearing to September 22,
1980 and order publication of the legal notice setting September 22, 1980 as the
new hearing date.
All ayes - Carried.
6. Ordinance Amendment Relating to Fence Setbacks. Second Reading.
City Manager Karl Nollenberger presented an ordinance amendment which would
allow the city manager to waive the three-foot setback requirement for fences which
are to be located on noncollector or nonarterial roadways in the city for second
reading consideration.
Motion by Ludeman, seconded by Bunce to close the hearing.
All ayes - Carried.
Bill 1980-17, "An Amendment to Chapter III, Section 3.39 of the Ordinance
Code of the City of Richfield", dealing with exemptions and modifications to the
zoning code, 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 second reading
of Bill 1980-17; that it be published in the official newspaper and that it be
made'a part of these minutes.
Poll of votes: Ayes - Bunce, Collins, Ludeman, Luettinger, Priebe. Nays - None.
Carried.
7. Ordinance Amendment Relating to Hours of Business of Unattended Car Washes.
Second Reading.
City Manager Karl Nollenberger presented an ordinance amendment relating to
the business hours of unattended car washes for second reading consideration.
Richard H. Speeter, attorney representing Tip-Top Car Wash, spoke on his
client's behalf. He said automatic shut-off devices were installed at-the car
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Council Meeting Minutes -4- August 25, 1980
wash on August 22. He presented petitions (C-9919) requesting the car wash be
allowed to remain open until midnight every night. The attorney said his client
was opposed to enactment of this ordinance which would restrict the hours of
business from 6:00 a.m. to 10:00 p.m. as five to ten percent of their business
occurs between 10:00 p.m. and 12:00 midnight.
David Colehour, owner of the business, responded to council questions.
John LaFrance, 6621 Bloomington, said lights have been on at the car wash
unti1.2:00 a.m., he questioned the validity of the petitions, and said he would
like to see the establishment closed completely.
Motion by Ludeman, seconded by Bunce to amend the proposed ordinance to
close the car wash from 11:00 p.m. to 6:00 a.m. instead of 10:00 p.m. to 6:00 a.m.;
and to close the hearing.
Poll of votes: Ayes - Bunce, Collins, Ludeman, Priebe. Nays - Luettinger. Carried.
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 Ludeman, seconded by Bunce that this constitute a second reading
of Bill 1980-18, as amended; that it be published in the official newspaper and
that it be made a part of these minutes.
Poll of votes: Ayes - Bunce, Collins, Ludeman, Luettinger, Priebe. Nays - None.
Carried.
8. Approval of Developer's Agreement, and Related Items Providing for
Improvements, Lyndale Hardware
City Manager Karl Nollenberger reviewed the background for the plan to
rehabilitate Lyndale Hardware as part of the revised L/H/N redevelopment plan.
Council Meeting Minutes -S- August 25, 1980
Community Development Director Dennis Kraft provided additional background and
explained the proposal of the owner of Lyndale Hardware to purchase portions of the
former Amoco Service Station and the Betty Crocker Pie Shop properties for easements.
This transaction can be implement by transitory ordinance. Mr. Kraft also indicated
that the developer wishes to finance this project with tax exempt financing under
the Industrial Development Revenue .Bond Act.
Mr. John Sieff, owner of Lyndale Hardware, spoke regarding the parking lot
construction which he said must commence within 45 days in order to complete
this year due to the approaching winter season.
Ms. Johnson, who operates Vanity Cleaners in the same building adjacent to
.Lyndale Hardware, said they will be forced to relocate their business and felt
the city council should consider relocation of this business.
The city attorney suggested that, inasmuch as Vanity Cleaners is a lessee
of Mr. Sieff, the relationship is a private one and no involvement is required
by the city in this regard.
Lawrence Wozniczka, 6744 Wentworth, requested clarification on the location
of sidewalks, he requested appraisal figures on the value of hardware easements
and Amoco and pie shop dispositions, and stated he was opposed to the financial
arrangements.
Motion by Ludeman, seconded by Luettinger to authorize the mayor and city
manager to enter into the developer's agreement with S & M Corporation.
All ayes - Carried.
Bill 1980-19, Transitory Ordinance No. 16.66, "A Transitory Ordinance Providing
for the Dispostion of Certain Real Property of the City", was read and reviewed by
City Attorney Clayton LeFevere, the same being on file in the office of the city
clerk. (C-9920)
Council Meeting Minutes ~-b- August 25, 1980
Motion by Ludeman, seconded by .Luettinger that this constitute a first reading
of Bill 1980-19; that it be published in the official newspaper and that second
reading of this transitory ordinance be scheduled for September 8, 1980.
Poll of votes: Ayes - Bunce, Collins, Ludeman, Luettinger, Priebe. Nays - None.
Carried.
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. 6281
RESOLUTION GIVING PRELIMINARY APPROVAL TO A
' PROJECT UNDER THE MUNICIPAL INDUSTRIAL
DEVELOPMENT ACT: REFERRING THE PROPOSAL TO
THE COMMISSIONER OF SECURITIES FOR APPROVAL:
AND AUTHORIZING EXECUTION OF A MEMORANDUM OF
AGREEMENT AND PREPARATION OF NECESSARY DOCUMENTS
Poll of votes: Ayes - Bunce, Collins, Ludethan, Luettinger, Priebe. Nays - None.
Carried. This resolution appears as Resolution No. 6281 in Resolution Book No. 45.
9. Approval of Off-Street Parking Permit,.Lyndale Hardware
City Manager Karl Nollenberger presented an off-street parking permit for
Lyndale Hardware which he recommended the city council approve subject to the
following stipulations as listed in Council Letter No. 304:
1. That a final drainage plan be approved by city staff;
2. That final landscape plans for the areas adjacent to
city. right-of-way be approved by city staff;
3. That if building expansion occurs, a revised off-street
parking permit be obtained.
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:
Council Meeting Minutes -7- August 25, 1980
RESOLUTION N0. 6283
RESOLUTION APPROVING LAYOUT AND CONTRACT FOR
OFF-STREET PARKING IN ACCORDANCE WITH
APPLICATION N0. 80-8, CONTRACT N0. 2327
Name: John Sieff
Address: 2101 Kennedy St. N.E.
Minneapolis, MN 55413
Location: 6616 Lyndale
Use: Hardware Store and Other Commercial Uses
Po11 of votes: Ayes - Bunce, Collins, Ludeman, Luettinger, Priebe. Nays - None.
Carried. This resolution appears as Resolution No. 6283 in Resolution Book No. 45.
Council recessed at 8:55 p.m. and reconvened at 9:07 p.m.
10. Public Information Hearing Relating to Cable Television
Council member Juanita Collins presented a review of the activities of the
Southwest Suburban Cable Commission, which is comprised of Eden Prairie, Edina,
Hopkins, Minnetonka and Richfield. She said that the purpose of this meeting was
to hear presentations of the three companies that have submitted proposals for
CATV service in the five city area.
Telepromter was represented by Ron Abrahms, who spoke on his company's behalf.
Bev Land, vice president of Northern Cablevision, reviewed her company's
capabilities with a slide presentation.
Bill Craig represented his company, Minnesota Cable Systems Southwest, and
spoke on their behalf.
The company representatives responded to questions from the council and
the audience.
Gertrud Ulrich, 7601 Aldrich, representing Minnesota Cable Systems Southwest,
spoke on her company's behalf.
Councilman Luettinger requested a list of local investors in cable companies.
Ralph Campbell, assistant to the city manager from the City of Edina, stated
he was checking on service records of all the cable television companies.
Council Meeting Minutes -8- August 25, 1980
Mike Young, 9319 Elliot, Bloomington, representing MICA, spoke on the goal
of putting computers on the system.
Lawrence Wozniczka, 6744 Wentworth, spoke on the aesthetics of the cables
and suggested the cables be buried.
Motion by Bunce, seconded by Luettinger to close the hearing.
All ayes - Carried.
11. Enemy Commission Stop Sign and Street Lighting Recommendations
Gity Manager Karl Nollenberger reviewed the efforts of the Energy Awareness
Commission, which was organized to study how energy could be more economically
utilized.
Dennis Louis, 6300 4th Avenue, spoke on behalf of the Energy Committee. He
cited dollar savings that could be realized with the installation of low pressure
sodium lighting in Richfield which, he said could reduce the energy used for
street lighting by 60 percent. The commission suggested using Lyndale Avenue
from 74th Street to 78th Street, and Cedar Avenue from 66th Street to 76th
Street as a test site to install 135-watt low pressure sodium lamps to replace
the 160-watt flourescent bulbs currently in use. Mr. Louis said the Commission
also discussed the issue of minimizing vehicle stops at lights and signs to
promote conservation of energy.
Motion by Luettinger, seconded by Collins to use Lyndale Avenue and Cedar
Avenue as test areas for installation of energy saving low pressure sodium
lighting.
All ayes - Carried.
12. Comprehensive Stop Sign Polic
City Manager Karl Nollenberger reviewed findings of the comprehensive stop
sign policy report. He read Minnesota Statutes 1961, Section 160.06, Sudv. 3,
which requires local authorities to install traffic control devices in conformance
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Council Meeting Minutes -9- August 25, 1980
with the state manual. The study reviewed installation of traffic controls in the
Minneapolis/St. Paul area and cited types and incidences of accidents. Thy study
also surveyed amounts of fuel expended in making additional stops. The city
manager presented the following recommendations as outlined in Council Letter No.
289:
1. The intersections along 67th and 68th Streets from Oliver to
Washburn (excluding Penn) should have stop signs installed
stopping the avenues.
2. Efforts should be made to make the existing uncontrolled inter-
sections as safe as possible through enforcement of the visibility
triangle ordinance.
3. The Manual on Uniform Traffic on Uniform Traffic Control Devices
should be followed for the installation of all stop signs on
arterial streets.
4. Consideration should be given by the council t-o delegating the
installation of traffic regulatory signs to the city manager
whenever these signs meet the uniform traffic manual. Appeals
to the council could be made on sign requests not meeting the
uniform traffic manual.
Motion by Ludeman, seconded by Bunce to approve implementation of the first
three recommendations of the staff.
Discussion ensued and the recommendation was made to authorize adopting the
four recommendations. Motion died for lick of a second.--_
Motion by Luettinger, seconded by Collins to authorize implementation of
the four staff recommendations as listed in Council Letter No. 289.
Poll of votes: Ayes - Bunce, Collins, Luettinger, Priebe. Nays - Ludeman. Carried.
13. Matters Relating to Traffic Control
City Manager Karl Nollenberger reviewed the following stop sign requests
that had been submitted to the Traffic Control Committee:
64th and 65th Street and 12th Avenue
72nd Street and Chicago and~Elliot Avenues
76th Street and Morgan Avenue
69th Street and Sheridan Avenue
Council Meeting Minutes
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August 25, 1980
The city manager advised that none of these requests met the criteria required
for the installation of stop signs and recommended that these requests be denied.
Motion by Luettinger, seconded by Collins to deny these traffic control
requests as recommended by the city manager.
All ayes - Carried.
14. Request to Consider Amendment to the Zoning Code Relating to Punch Presses
The applicant withdrew their request for the council to consider this matter.
15. Consent Agenda
Motion by Ludeman, seconded by Collins that the following items be approved;
A. Resolution Designating Election Judges - CL 301
RESOLUTION N0. 624
RESOLUTION PROVIDING FOR POLLING PLACES AND DESIGNATING
JUDGES FOR PRIMARY ELECTION - SEPTEMBER 9, 1980
B. Consideration of Amendment to the Suburban Rate Authority Joint Powers
Agreement - C. 292
RESOLUTION N0. 6282
RESOLUTION AUTHORIZING AMENDMENT TO
JOINT AND COOPERATIVE AGREEMENT
C. Renewal of Contract for Hotel/Motel Fire Inspections - CL 295
RESOLUTION N0. 6285
RESOLUTION OF AUTHORIZATION FOR AN AGREEMENT
BETWEEN THE CITY OF RICHFIELD AND THE STATE
OF MINNESOTA TO CONDUiCT HOTEL/MOTEL FIRE INSPECTIONS
D. Approval of Local Issues for Local 49, 1980-81 - CL 302
Approve the following changes in "local issues" section of 1980-81
Local 49 Contract.
1. Additional step of longevity for employees having 15 years of service.
2. Stipulated list of equipment qualifying for Heavy Equipment Operator
rates.
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August 25, 1980
3. Increase maximum sick leave accrual.
4. Provision for pay for stewards while in negotiations.
5. Statement of vacation accrual rates on a biweekly basis.
RESOLUTION N0. 6286
RESOLUTION APPROVING THE LOCAL ADDENDUM OF
THE MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF RICHFIELD AND THE INTERNATIONAL UNION
OF OPERATING ENGINEERS, LOCAL 49, AFL-CIO FOR
THE PERIOD BEGINNING JANUARY 1, 1980 AND
ENDING DECEMBER 31, 1981
E. _Minutes, Tabulation of Bids and Award of Contract for Resurfacing of
City Parking Lots - CL 308
Award project to low respop,sible bidder, Barber Construction Co.
of Minnetonka, in the amount of $41,101.80.
F. Purchases in Excess of $1,000 - CL 299
Liquid Carbon Dioxide - Purchase of water treatment chemicals from
Liquid Carbonic Corporation at an estimated amount of $8,970.
Center Striping of Streets - Remuneration to Hennepin County for
painting center stripes on several Richfield streets in the amount
of $1,600 and purchase of replacement paint in the approximate
amount of $2,092.45 from Earl Anderson & Associates.
G. Plant Materials, Adams Hill Park Improvement Project - CL 298
Reject all bids and fulfill the planting needs for Adams Hill Park
in cooperation with the City of Edina, through their nursery stock
and through obligations to be met by Windsor Development.
H. Approval of Contracts for Street and Storm Sewer Construction at
the Coach Homes Site - CL 309
Award contract for street construction. to Bituminous Roadways in the
amount of $8,158.18 and storm sewer construction to Brown & Cris, Inc.
Council Meeting Minutes -12- August 25, 1980
the amount of $8,565 to complete city's obligation to complete street
improvements adjacent to Coach Homes Site as part of C.P. 705.
I. Payments and Estimates
Stanley Pond, Jr., Contract No. 2327, Lime sludge removal -
final estimate - 100% complete - $13,834.50
J. Claims and Payrolls
RICHFIELD BANK & TRUST
Checks 47811/48066 General $386,472.97
Checks 60670/61435 Payroll ~ 186,788.78
SUMMIT STATE BANK
Checks 55172/55199 $959,515.48
K. Licenses
Fee Waived - Hiawatha YMCA, tournament at Taft Park, August Soft drink
Street Barricades
Walter Hallock, 6909 Thomas, between 69th and 70th Streets
1:30 - 9:30 p.m., September 6, 1980
Juanita Collins, 6737 Clinton, between 67th and 68th Streets
September 7, 1980, contingent upon circulation. of petition.
All ayes - Carried.
16. Extra Items
Marty Kirsch, 6725 Penn, requested that political party designation be added
on the election resolution in the future. The staff agreed to comply with this
request.
The city council discussed the death of Jack Poulsen, 6725 Clinton, known as
founder of the National Fly the Flag Crusade and suggested that a fitting memorial
be made in his memory.
Motion by Luettinger, seconded by Ludeman to proceed with erecting a memorial
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Council Meeting Minutes -13- August 25, 1980
flag to Jack Poulsen at Rich Acres Golf Course in line with the donation policy
previously approved for the golf course.
All ayes - Carried.
The city manager suggested that budget heaxings will be scheduled for
September 8 (regular council meeting)
September 10 - 5:30 p.m.
September 23 - 5:30 p.m.
October 1 - 5:30 p.m.
October 6 - 5;30 p.m.
Motion by Luettinger, seconded by Collins to approve this budget hearing
schedule.
All ayes - Carried.
17. Adiournmen_t
Motion by Ludeman,.seconded by Collins that the meeting adjourn.
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All ayes - Carried. Time: 11:47 p.m.
Date Approved: September 8, 1980
Syl K. Berg Acting City rk
Dona d Priebe Mayor
' `~ v~
Karl Nollenberger City Manager
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