10-13-1980CITY OF RICHFIELD
Regular Meeting
October 13, 1980
The city council of the City of Richfield met in regular session in the
council chambers of the city hall on Monday, October 13, 1980 at 7:00 p.m.
The Pledge of Allegiance was led by two visiting members of the Fred
Babcock VFW Post.
The meeting was called to order by Mayor Donald Priebe at 7:15 p.m.
Present; Bunce, Collins, Ludeman, Luettinger, Priebe
1. Minutes
Motion by Bunce, seconded by Collins that the minutes of the council meetings
of September 22, September 23 and October 6, 1980 be approved as presented.
All ayes - Carried. ,
2. Presentation by the Fred Babcock VFW Post
Representatives of the Fred Babcock VFW Post presented a new picture of Fred
Babcock, a Richfield police office who was killed in the line of duty, to the
Public Safety Department. Public Safety Director Tom Morgan accepted the picture
on behalf of the Public Safety Department.
3. Presentation by Representatives of Project Charlie III
Ms. Rosie Nielsen, a member of Project Charlie III, a chemical awareness
program directed at providing information referral on chemical use and abuse to
residents of Richfield, spoke on behalf of this organization and clarified the
organization's education/awareness position. She asked the city council to
reconsider their funding request of $3,160 for 1981.
Motion by Ludeman, seconded by Luettinger to authorize an appropriation
of $3,160 to the Project Charlie IIT for 1981,
All ayes - 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
Council Meeting Minutes -2- October 13, 1980
these minutes:
RESOLUTION N0. 6328
RESOLUTION AUTHORIZING TRANSFER OF APPROPRIATION
FROM THE 1981 CONTINGENCY ACCOUNT TO THE
OTHER AGENCIES BUDGET
Poll of votes: Ayes - Bunce, Collins, Ludeman, Luettinger, Priebe. Nays - None.
Carried. This resolution appears as Resolution No. 6328 in Resolution Book No. 45.
4. Request for Variance, 710 East 78th Street
City Manager Karl Nollenberger presented the request of Heritage Central
Apartments, 710 East 78th Street, for a variance to reduce the required 55,,896
square feet of outdoor living space to 55,081 square feet, to allow the construction
of a 33' by 25' garage. He indicated that the staff had recommended denial of this
application, due to the three conditions required for variances, and the Planning
Commission had recommended approval of this variance request.
Ms. Nancy Erickson, property manager of the Heritage Central Apartments, spoke
of their need for a workshop facility and storage space for their maintenance
equipment.
Baron Grafing, resident manager of the complex, reported on the type of
construction that was proposed.
Motion by Collins, seconded by Luettinger to close the hearing.
A11 ayes - Carried.
Motion by Bunce, seconded by Luettinger to approve the granting of this
variance for the construction of the garage.
All ayes - Carried.
5. Request for Special Use Permit Woodlake Lutheran Church, 7525 Oliver
City Manager Karl Nollenberger presented the request of Woodlake Lutheran
Church, 7525 Oliver Avenue, for a special use permit to allow operation of a day
care and nursery school.
Council Meeting Minutes -3- October 13, 1980
Mr. Herbert Ketcham, president of the congregation, spoke on behalf of the
proposed day care center which will be located in three rooms of the church
educational wing and will utilize the existing playground facilities.
Motion by Ludeman, seconded by Collins to close the hearing.
All ayes - Carried.
Motion by Bunce, seconded by Luettinger to approve this special use permit
request subject to the following stipulation as listed in Council Letter No. 357:
That the proposed conform to all applicable codes and that proper
licenses be obtained to ensure a safe and healthy environment.
All ayes - Carried.
6. Ordinance Amendment Relating to Vacation of a Portion of Pillsbury Avenue.
Second Reading.
City Manager Karl Nollenberger advised the city council that United National
Corporation had requested that the second reading of this ordinance be postponed
until November 10, 1980.
Motion by Luettinger, seconded by Bunce to continue the public hearing and
reading of this ordinance amendment to November 10, 1980.
All ayes - Carried. Absent - Ludeman.
7. Ordinance Amendment Relating to Vacation of a Portion of 65th Street.
Second Reading.
City Manager Karl Nollenberger recommended that the city council give second
reading approval to the ordinance amendment which would vacate a portion of 65th
Street between the Richfield Medical Group Building and Summit State Bank.
Bill 1980-20, Transitory Ordinance No. 16.67, "An Ordinance Providing for
the Vacation of a Public Street", was read and reviewed by Clayton LeFevere,
City Attorney, the same being on file in the office of the city clerk. (C-9921)
Motion by Luettinger, seconded by Collins that this constitute a second
reading of Bill 1980-20; that it be published in the official newspaper and
that it be made a part of these minutes.
Council Meeting Minutes -4- October 13, 1980
Poll of votes: Ayes - Bunce, Collins, Ludeman, Luettinger, Priebe. Nays - None.
.
Carried.
8. Public Hearing, Industrial Revenue Bonds, Canteen Company
City Manager Karl Nollenberger introduced the request of Six Fold Real Estate
Company (Canteen Company of Minnesota) for the issuance of $275,000 in Industrial.
d ~
Development Revenue Bonds to finance the construction of an additional 5,000
square feet of space to their existing facility at 6310 Penn Avenue.
Community Development Director Dennis Kraft reviewed the suggested guidelines
for issuing Industrial Revenue Bonds and answered council questions.
City Attorney Clayton LeFevere provided the council with legal aspects of
industrial development revenue bonding.
Councilman Bunce expressed support for the small businessman and smaller
issues of bonding.
Motion by Bunce, seconded by Collins to close the hearing.
All ayes - Carried.
Attorney for The Canteen, Russ 5uddith, spoke in behalf of his client.
Ron Langer, director of procurements for The Canteen, reviewed their plan
for expansion.
Motion by Bunce, seconded by Luettinger to find the intent of this project
to be in the best interest of the community; 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. 6329
A RESOLUTION AUTHORIZING THE EXECUTION OF
A PRELIMINARY AGREEMENT BY AND BETWEEN
THE CITY OF RICHFIELD, HENNEPIN COUNTY,
MINNESOTA, AND SIX FOLD REAL ESTATE COMPANY
RELATING TO THE ISSUANCE OF INDUSTRIAL
DEVELOPMENT REVENUE BONDS
Council Meeting Minutes -5- October 13, 1980
Poll of votes: Ayes - Bunce, Collins, Ludeman, Luettinger, Priebe. Nays - None.
Carried. This resolution appears as Resolution No. 6329 in Resolution Book No. 45.
Jan Bray, 6645 Portland,, asked the city attorney if industrial revenue bonds
could ever come back on the city. He replied in the negative.
The council discussed the suggested Guidelines for the Issuance of Industrial
Revenue Bonds for the City of Richfield and requested a revision in Paragraph 4.
Motion by Bunce, seconded by Ludeman to amend Paragraph 4 as follows:
"The city will generally not consider the issuance of Industrial Revenue
Bonds having an aggregate principal .amount of less than $300,000."
~~ All ayes - Carried.
Motion by Ludeman, seconded by Collins to adopt the Guidelines for the
Issuance of Industrial Revenue Bonds as amended.
All ayes - Carried.
9. Request for Vacation of Utility and Drainage Easements, Bourbon and
Basin First Addition, 1400 E. 7bth Street
City Manager Karl Nollenberger reviewed the petition of Corporate Travel for
vacation of a drainage and utility easement at 1400 West 76th Street. He indicated
that vacation of this easement is necessary for their proposed development of this
site in accordance with the plan approved by the city council.
Mr. Charles Erickson, of Corporate Travel, appeared in support of their
request.
Motion by Bunce, 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 NO. 6325
RESOLUTION AUTHORIZING THE VACATION OF A
PUBLIC L`P.r1i~'~GE Ai~ll UTILITIES EASEL`ENT
Poll of votes: Ayes - Bunce, Collins, Ludeman, Luettinger, Priebe. Nays - None.
Council Meeting Minutes -6- October 13, 1980
Carried. This resolution appears as Resolution No. 6325 in Resolution Book No. 45.
10. Resolution Establishing a Special Assessment Area, Street Lighting
City Manager Karl Nollenberger reviewed the proposed street lighting project
along Penn, Nicollet and Portland Avenues in response to the council's request
of September 22, 1980. To implement this lighting project, the city manager
recommended that the council take the following actions, as outlined in Council
Letter No. 362:
_ 1. Order a preliminary engineering report;
2. Receive the preliminary report;
3. Order a public hearing on the project for March 9, 1871. ,
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. 6323
RESOLUTION ORDERING PRELIMINARY REPORT ON PROPOSED
CITY PROJECT 761
Poll of votes: Ayes - Bunce, Collins, Ludeman, Luettinger, Priebe. Nays - None.
Carried. This resolution appears as Resolution No. 6323 in Resolution Book No. 45.
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. 6324
RESOLUTION RECEIVING PRELIMINARY REPORT AND CALLING
PUBLIC HEARING ON PROPOSED CITY PROJECT 761
1
Po11 of votes: Ayes - Bunce, Collins, Ludeman, Luettinger, Priebe. Nays - None.
. Carried. This resolution appears as Resolution No. 6324 in Resolution Book No. 45.
11. Resolution Setting Date of Public Hearing for Alle Improvements
Council Meeting Minutes -7- October 13, 1980
City Manager Karl Nollenberger advised the city council that, in response
to direction of the city council, the staff had scheduled a series of neighbor-
hood meetings to describe the alley resurfacing pro-gram and also had drafted a
resolution outlining an assessment policy for city council review. He recommended
that the council take the following actions as outlined in Council-Letter No. 367:
1. Adopt the resolution ordering a preliminary report on
alley improvements;
2. Adopt the resolution receiving the preliminary engineering
report and scheduling a public hearing on alley improvements
for November 24, 1980;
3. Confirm the dates and location for the neighborhood meetings;
4. Approve the text of the brochure to be sent to all neighbors
prior to the neighborhood meetings.
Motion by Ludeman, 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. 6326
RESOLUTION ORDERING-PRELIMINARY REPORT ON PROPOSED
CITY PROJECT 762
Poll of votes: Ayes - Bunce, Collins, Ludeman, Luettinger, Priebe. Nays - None.
Carried. This resolution appears as Resolution No. 6326 in Resolution Book No. 45.
Motion by Ludeman, 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. 6327
RESOLUTION RECEIVING PRELIMINARY REPORT AND CALLING
PUBLIC HEARING ON PROPOSED CITY PROJECT 762
Poll of votes: Ayes - Bunce, Collins, Ludeman, Luettinger, Priebe. Nays - None.
Carried. This resolution appears as Resolution No. 6327 in Resolution Book No. 45.
Motion by Ludeman, seconded by Bunce to arrange for neighborhood informational
meetings to be held on November 5, 6, 12 and 13 at the Nature Center.
All ayes - Carried.
Council Meeting Minutes -8- October 13, 1980
-Olin Bray, 6645 Portland, cowmented that he perceived foreseeable problems
in areas where an alley was residential on one side and commercial on the other
side.
12. Proposed Sidewalk Policy
The city council discussed the sidewalk system as it presently exists and.
the goal of eventually providing a pedestrian system that will interface with
the existing bikeway system. They requested resolutions be drawn up for the
next council meeting.
13. Appointments.to the Human Rights Commission
Motion by Bunce, seconded by Collins to appoint the following individuals
to serve on the Human Rights Commission:
Diane McKeown, 7104 Portland, for an unexpired three. year term,
expiring May, 1981
Nancy A. Lindberg, 672b Columbus, for an unexpired three year term,
expiring May, 1981
Sister Charlotte Ann LeClair, for an unexpired three year term,
expiring May, 1982
All ayes - Carried.
Gordon Anderson, 7501 Elliot Avenue, said he felt the city council should
accelerate the nominating procedure regarding the Charter Commission and
suggested the city manager write a letter. The city attorney suggested a phone
call be made instead to expedite the procedure.
14. Approval of Firm to Conduct Audit of Fiscal Year 1979
City Manager Karl Nollenberger presented the proposed agreement from Olson
& Clough for 1980 auditing services for city council review. The city council
directed the city manager to request proposals from auditing firms in order to
receive the most advantageous price and to receive the best services.
15. Consent Agenda
Motion by Collins, seconded by Ludeman that the following items be approved:
1
I
Council Meeting Minutes
-9-
October 13, 1980
A. Purchase in Excess of 1,000 - CL 361
Purchase of paper for quarterly brochure from Turnquist Paper in
the amount of $1,611.36. Approximately one-half of this
cost will be Paid by the s=~hool district.
B. Release of Off-Street Parkin~Bond, Wendy's Restaurant - CL 355
RESOLUTION N0. 6322
RESOLUTION RELATING TO RELEASE OF BOND
ON OFF STREET PARKING
C & C Investments, Inc.
1301 Cambridge Street, Minneapolis
Location: 6500 Lyndale Avenue
Use: Wendy's Restaurant
C. Licenses
Broadcast vehicle, November 1, 1980 - Swanson Volunteer
Committee (bus with music)
Fee waived - beer license for DFL 37th District Dinner,
October 24, 1980, Assumption Church
D. Claims and Payrolls
SUMMIT STATE BANK
Checks 55247/55279 $1,081,477.32
RICHFIELD BANK & TRUST
Checks 1501/48843 General 868,492.80
Checks 62125/62437 Payroll 169,383.80
E. Payments and Estimates
1. Sebesta Construction CP 749, .Estimate ~k2, site construction,
75% complete - $100,221.36
2. Barber Construction, CP 754,-first and final estimate, overlay
city hall parking lots, 100% complete - $41,449.36
3. Hiway Services, Inc., Contract 2330, 100% complete, joint
resealing Lyndale Avenue 74th to 78th Streets - $27,363.40
_
Council Meeting Minutes -10- October 13, 1980
4. Victor Carlson & Son, Public improvements, Heyman Addition,
CP 705 - 98% complete - Estimate ~~6 - $38,609.12
5. Superior 77, Inc. - Interior remodeling Lyndale Avenue Liquor
Store, 99% complete - Change order for extra sprinkler head
plus~$900, change order for early finish bonus $500 per day
(4 days) plus $2,000 - final estimate $41,401.47, total amount -
$44,301.47
6. Closter Madsen, Inc., Phase I exterior remodeling Lyndale
Avenue Liquor Store - estimate final 100% complete - $11,558.98
All ayes - Carried.
15. Extra Item
The city council set the date for the first 1981/1986 Capital Improvement
Budget hearing for October 30, 1980 at 7:00 p.m.
16. Adjournment
Motion by Luettinger, seconded by Collins that the meeting adjourn.
A11 ayes - Carried. Time; 10:15 p.m.
Date Approved: October 27,, 1980
S is K. ergh Acting C' Clerk
,~ ~v~~
Karl Nollenber er City Manager