08-10-1981CITY OF RICHFIELD
Regular Meeting
August 10, 1981
The City Council of the City of Richfield met in regular session in the council
chambers of the city hall on Monday, August 10, 1981, at 7:00 p.m.
The meeting was called to order by Mayor Donald Priebe at 7:08 p.m.
Present: Bunce, Collins, Hassenstab, Ludeman, Priebe
City Manager Karl Nollenberger gave the invocation.
City Manager Nollenberger led in the Pledge of Allegiance.
1. Minutes
Motion by Ludeman, seconded by Hassenstab that the minutes of the July 27, 1981
city council meeting be approved as submitted.
A11 ayes - Carried.-`
2. Opportunity for Members of the Audience to Address the City Council -
Mrs. Agnes Williams, 128 E. 70th Street, asked if Richfield had any underground
power and telephone cables. The City Manager indicated that there are approximately
eight percent.
Tim Wandzel, 7314 Upton, spoke about his displeasure with the Adams Hill Park
project. He discussed the matter .of easements, the damage done after a tree was
removed from his property, topsoil erosion, weeds and ruts and a lack of cooperation
from city officials.
Motion by Hassenstab, seconded by Bunce to schedule a meeting with the staff,
architect and residents of the Adams Hill Park area for August 24, 1981, at 5:00
p.m. to endeavor to resolve these differences.
A11 ayes - Carried.
3. Council Approval of Agenda
Council member Bunce asked that the following kennel license applications be
removed from the consent calendar:
Council Meeting Minutes -2- August 10, 1981
Catherine E. Bros, 6338 Clinton
Garnette W. Kelber, 6314 - 14th Avenue
Myrtle A. Wickstrom, 6726 Chicago
Motion by Hassenstab, seconded by Ludeman to approve the agenda with the above
exceptions:
A11 ayes - Carried.
4. Vacation of A11ey on Block 5= New Ford Town
City Manager Nollenberger reviewed the request for vacation of the alley bounded
by 21st and 22nd Avenues and East 65th and 66th Streets.
Mr. Julian Halvorson, 6531 21st Avenue, spoke in support of his request.
Motion by Ludeman, seconded by Collins to close the hearing.
A11 ayes - Carried.
Bill 1981-12, Transitory Ordinance No. 16.80, "A Transitory Ordinance Providing
for the Vacation of the Alley on Block 5, New Ford Town", was read and reviewed by
City Attorney Clayton LeFevere, the same being on file in the office of the city
clerk. (C-9982)
Motion by Ludeman, seconded by Bunce that this constitute a second reading of
Bill 1981-12; that it be published_in the official newspaper and that it be made a
part of these minutes.
Po11 of votes: Ayes - Bunce, Collins, Hassenstab, Ludeman, Priebe. Nays - None.
Carried.
5. (~ Transitory Ordinance Providin for Expenditure of Money From the Special
Revenue Fund. Second Reading.
City Manager Nollenberger reviewed the appropriations this transitory ordinance
would accomplish - park land acquisition, the Civic Plaza sculpture and a city hall
security system.
Mr. Felton Jenkins, chair person of the Civic Plaza Committee, spoke of his
role and support for the "family sculpture".
Countil Meeting Minutes -3- August 10, 1981
Mr. Ralph Bruins, fund raising chairperson, spoke of the family as the strength
of the community. He presented a check for approximately $10,100, which represents
donations received from various city residents and businesses.
Motion by Ludeman, seconded by Hassenstab to close the hearing.
All ayes - Carried.
Bill 1981-13, Transitory Ordinance No. 16.81, "An Ordinance Providing for the
Expenditure of Money from the Special Revenue Fund for Certain Capital Improvements
and Park Land Acquisition and Betterment", was read and reviewed by City Attorney
Clayton LeFevere, the same being on file in the office of the city clerk. (C-9983)
Motion by Ludeman, seconded by Bunce that this constitute a second reading
a
of Bill 1981-13; that it be published in the official newspaper and that it be made
a part of these minutes.
Poll of votes: Ayes - Bunce, Collins, Hassenstab, Ludeman, Priebe. Nays - None.
Carried.
(b) Civic Plaza Sculpture
Motion by Bunce, 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. 6475
RESOLUTION AUTHORIZING ACCEPTANCE
OF THE MONIES COLLECTED
FOR THE CIVIC PLAZA SCULPTURE
Poll of votes: Ayes - Bunce, Collins, Hassenstab, Ludeman, Priebe. Nays - None.
Carried. This resolution appears as Resolution No. 6475 in Resolution Book No. 47.
City Manager Nollenberger provided a historical background of the planning for
the civic plaza sculpture and told of past councils' commitment to the project.
Mr. Norman Holen, a local artist selected for his sculpture, "The Family",
talked about his inspiration for the sculpture and explained his role in the design
Council. Meeting Minutes -4- August 10, 1981
and assembly of the piece. The sculpture is expected to be in place in October, 1981.
Motion by Bunce, 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. 6476
RESOLUTION AUTHORIZING THE EXECUTION OF
AGREEMENTS BETWEEN THE CITY OF
RICHFIELD AND CONTRACTORS FOR
COMPLETION OF THE CIVIC PLAZA SCULPTURE
Poll of votes; Ayes - Bunce, Collins, Hassenstab, Ludeman, Priebe. Nays - None.
Carried. .This resolution appears as Resolution No. 6476 in Resolution Book No. 47.
6. Request for Special Use Permit and Wine License for 2312 West 66th Street
City Manager Nollenberger introduced the request of Ponti:llo's Restaurant for
a special use permit to allow the sale of wine.
Mr. Jim Smith, former manager of the restaurant, appeared and answered council
questions.
Tom Morgan, Public Safety Director, spoke of the public safety patroling of the
parking lot and the one complaint generated from the restaurant.
The council discussed the fact that the present manager of the restaurant had
not appeared at the hearing and it was agreed .that further discussion with the
present manager was desired.
Motion by Bunce, seconded by Ludeman to close the hearing.
All ayes - Carried.
Motion by Bunce, seconded by Ludeman to reconsider the first motion made to
close the hearing.
All ayes - Carried.
Motion by Bunce, seconded by Ludeman to continue this hearing to August 24, 1981.
All ayes - Carried.
Council Meeting Minutes -5- August 10, 1981
Motion by Hassenstab, seconded by Ludeman that a policy be established for
future special use and wine and liquor hearings, that the owner of the corporation
or partner and the manager of establishments be requested to be present at the
Planning Commission hearing and strongly suggested to be present at the city council
hearing.
All ayes - Carried.
7. Request of Variance, 6314 Newton Avenue South
City Manager Nollenberger reviewed the request for variance of Mr. Terry DeGidio
to reduce the minimum lot width of 50 feet to 45 feet and the minimum lot area from
8,000 squre feet to 5,760 square feet.
1
Mr. DeGidio appeared and spoke on his own behalf.
Motion by Bunce, seconded by Ludeman to close the hearing.
All ayes - Carried.
Motion by Ludeman, seconded by Bunce to approve this variance request with
the stipulation that the present garage be removed from the site or the entrance
to the garage be altered to prevent Mr. DeGideo from trespassing on the adjoining
property.
All ayes - Carried.
Council members Hassenstab and Ludeman said they wished the record to show
they would vote for approval in this instance, but generally they voted against
45 foot lots.
8. Request for Variance, 7001 Harriet Avenue South (Independent School District 280)
City Manager Nollenberger advised the city council that the applicant had not
appeared at the Planning Commission meeting on behalf of this request and the Commission
had deferred action until August 25th. He recommended that this hearing be continued
to September 14.
Motion by Ludeman, seconded by Hassenstab to continue this hearing to the
September 14, 1981 city council meeting.
Council Meeting Minutes -6- August 10, 1981
All ayes - Carried.
9. Request for Special Use Permit for 7640 Cedar Avenue South
City Manager Nollenberger reviewed the request of Heidi's Stuberl, a restaurant
located at The Inn, 7640 Cedar Avenue, for a special use permit to allow the on-sale
of wine.
Mr. John Prest, owner of The Inn, appeared in support of his request and responded
to questions about whether there were congested parking conditions at the establishment.
Motion by Ludeman, seconded by Collins to close the hearing.
All ayes - Carried.
Motion by Hassenstab, seconded by Collins to approve the special use permit
and set the date ofhearing on the on-sale wine license application. for August 24,
1981.
All ayes - Carried.
Mayor Priebe requested the staff to evaluate the parking problems and report
back to the council at the August 24th meeting.
The City Manager noted that the August 11, 1980 minutes showed that Mr. Prest
had indicated he would rent additional parking facilities if the need arose.
10. Request for Special Use Permit for 7745 Penn Avenue South
Community Development Director Dennis Kraft reviewed the request for a special
use permit and variance of Walser Buick, Inc. to allow conversion of a gasoline
service station located at 7745. Penn Avenue to a car sales lot. He noted that the
Planning Commission and staff had both recommended approval subject to stipulations
as outlined in Council Letter No.276. ~ ~ '
Mr. Dale Graham, vice president of Walser Buick, Inc., appeared in support
of his request, but spoke against the stipulation eliminating parking in the fifty
foot triangle at Penn and 78th Street. He cited the accident ratios surrounding
r
Council Meeting Minutes
-7-
this property and said he recognized the traffic volume in that area.
Motion by Hassenstab, seconded by Ludeman to close the hearing.
All ayes - Carried.
August 10, 1981
Motion by Ludeman, seconded by Collins to approve this application for special
use permit subject to the following stipulations:
1. That the lighting conform to all applicable city ordinances;
2. That the required 50 foot visibility triangle at the corner of
Penn Avenue and the frontage road be unobstructed and that the
area be landscaped in accordance with a city staff approved plan.
A11 ayes - Carried.
Motion by Ludeman, seconded by Collins to approve this application for variance
a
subject to the following stipulation:
1. That this variance is to reduce the existing structure's required
setback of 40 feet to the existing 25 feet from the east property
line only.
All ayes - Carried.
Motion by Bunce, seconded by Hassenstab to renew the request to have an
assessment made of the need for a semaphore on the Penn Avenue service road area
near Walser Buick.
All ayes - Carried.
The council recessed at 9:10 p.m. and reconvened at 9:25 p.m.
11. Resolution Establishing Committee to Work on Redist -cting
In response to the council's request of July 27, City Manager Nollenberger
1
presented a resolution calling for the establishment of a committee to work on the
redistricting of the city's election districts for implementation in 1982, as
mandated by the city charter. The city council discussed the resolution and suggested
two changes in language -
Council Meeting Minutes -8- August 10, 1981
"registered Independent" be changed to "a registered voter who is an
Independent"
"immediately" be changed to "as soon as possible"
Mike Saxtdahl, 7601 Bryant Avenue, suggested putting a deadline on this committee's
actions.
Martin Kirsch, 6725 Penn Avenue, asked if precincts are going to be dealt with
at the same time as wards. The council advised that the precincts and wards will be
determined simultaneously.
Motion by Bunce, seconded by Ludeman that the following resolution, as amended,
be adopted; that it be spread in the resolution book and that it be made a part of
these minutes•
RESOLUTION N0. 6477
RESOLUTION ESTABLISHING A COMMITTEE TO WORK
ON REDISTRICTING
Poll of votes: Ayes - Bunce, Collins, Hassenstab, Ludeman, Priebe. Nays -.None.
Carried. This resolution appears as Resolution No. 6477 in Resolution Book No. 47.
12. Application for Permit to Sell Beer in Park, Richfield Adult Softball Association
City Manager Nollenberger reviewed the request of the Richfield Adult Softball
Association for a permit to sell beer in Taft Park during their Men's "C" Division
Minnesota State District Slow Pitch Softball Tournament August 21 - August 23. He
reviewed the controls and conditions outlined in the ordinance code under which
permits may be issued.
Motion by Hassenstab, seconded by Ludeman to deny this license application on
the basis that the applicant failed to appear,
Poll of votes: Ayes - Collins, Hassenstab, Ludeman, Priebe. Nays - Bunce. Carried.
13. Request for Off-Street Parking Permit, Corporate Travel Office Development,
1400 West 76th Street
City Manager Nollenberger presented the request for an off-street parking permit
Council Meeting Minutes -9- August 10, 1981
of Corporate Travel Office Development, 1400 West 76th Street.
Community Development Director Dennis Kraft outlined the progress of this
development and the changes that have been incorporated in the office building since
the council gave its approval to this development in May, 1980.
Mr. Del Erickson, architect for the project, commented on aspects of the development.
Mr. Steve Wirth, attorney for the Ericksons, developers of Corporate Travel,
indicated that his client would prefer a $50,000 bond rather than contributing
$50,000 towards the traffic signal installation.
Motion by Hassenstab, 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:
1
RESOLUTION N0. 6478
RESOLUTION APPROVING LAYOUT AND CONTRACT FOR
OFF-STREET PARKING IN ACCORDANCE WITH APPLICATION
N0. 81-4, CONTRACT N0. 2334
Erickson & Sons, Inc.
46 E. 4th Street
St. Paul, MN 55101
Location: 1400 W. 76th Street
Use: New Office Parking Area
Poll of votes: Ayes - Bunce, Collins, Hassenstab, Ludeman, Priebe. Nays - None.
Carried. This resolution appears as Resolution No. 6478 in Resolution Book No. 47.
14. Award of Contract for Public Safety Building Addition
Public Safety Director Tom Morgan reviewed the bids received for the construction
contract on the public safety facility improvement project. He indicated the bids
were somewhat higher than anticipated and bids ran from a low of $813,800 to a high
of $894,800. Mr. Morgan recommended that the city council approve the low bid of
$813,800, plus Alternate ~kl, $45,718, presented by Rutledge Construction Company.
Motion by Ludeman, seconded by Bunce to approve the bid of the Rutledge
Construction Company in the amount of $813,800, plus $45,718 for the city hall roofing
improvement.
All ayes - Carried.
Council Meeting Minutes -10- August 10, 1981
15. Kennel License Applications
Motion by Ludeman, seconded by Bunce to issue the following kennel licenses
with the request that the applicants reduce the number of animals by half next year:
Catherine E. Bros, 6338 Clinton - 18 cats, residential
Garnette W. Kelber, 6314 - 14th Avenue - 18 cats, residential
Poll of votes: Ayes - Bunce, Hassenstab, Ludeman, Priebe. Nays - Collins. Carried.
Motion by Bunce, seconded by Hassenstab to defer consideration of the following
kennel license application to August 24, 1981:
Myrtle A. Wickstrom, 6726 Chicago Avenue - 3 dogs, residential
All ayes - Carried.
16. Consent Calendar
Motion by Ludeman, seconded by Collins that the following. items be approved:
A. Award of Contract - Ice Arena Improvements - CL 273
Award the contract for laminated wood beam repair at the Richfield Ice Arena
to Osmose Wood Preservation Company of America, Inc., in the amount of $28,200.
B. Amendment to Joint Powers Agreement, Hennepin County Criminal Justice
Coordinating Council - CL 265
RESOLUTION N0. 6474
RESOLUTION APPROVING AMENDMENT TO
HENNEPIN COUNTY CRIMINAL JUSTICE COORDINATING COUNCIL BYLAWS
C. Additions to A11ey Paving Project, CP 734 - CL 270
RESOLUTION N0. 6479
RESOLUTION RECEIVING PRELIMINARY REPORT AND CALLING
PUBLIC HEARING ON PROPOSED ADDITION TO CITY PROJECT-734
RESOLUTION N0. 6480
RESOLUTION ORDERING PRELIMINARY REPORT ON PROPOSED
ADDITION TO CITY PROJECT 734
D. Kennel License Applications
Council Meeting Minutes -11- August 10, 1981
Elaine J. Bergquist, 7429 Humboldt Avenue - Commercial
Roszella V. Harding, 7139 Columbus Avenue - 4 dogs, residential
Joyce McPheeters, 7340 Emerson = 4 dogs, residential
Rosemary Riga, 6344 Bloomington - 4 cats, residential
Herman Rude, 7430 Blaisdell - 4 dogs, residential
E. Hearing on Application for On-Sale Liquor, Sunday Liquor and Tavern Licenses,
Consul Corporation (dba ChiChi's Mexican Restaurant and Maximillian's - CL 263
Set the date for a public hearing on the on-sale liquor, Sunday liquor and
tavern license applications submitted by Consul Corporation for August 24, 1981.
F. Purchases in Excess of $1,000 - CL 277
Boiler Repair
Authorize Moorhead Machinery and Boiler Company to repair boiler at ice arena
at a quoted cost of, $4,270.
Playground Equipment
Authorize the purchase of playground equipment, to be located at the east youth
complex in the vicinity of 66th Street and 24th Avenue South, from Minnesota Play-
ground Equipment, Inc. in the amount of $1,231. _
Liquid Carbon Dioxide
Authorize the purchase of an estimated 200 ton of liquid carbon dioxide, on a
keep fill basis, at a unit price of $44.50 (total purchase $8,900) from Cardoz
Division of Chemtron.
Treated Lumber
Authorize the purchase of new treated wood for city garage improvement from
MacGillis and Gibbs for a total purchase price of $3,603.60.
Tennis Court Resurfacing
Authorize Action Courts, Inc. to complete resurfacing four tennis courts at
Augsburg Park at a total cost of $5,980.
Underground Wiring
Authorize underground wiring at Rich Acres Park to be installed by Northern
States Power in the amount of $4,650.
Council Meeting Minutes -12- August 10, 1981
Grading
Authorize G. L. Contracting, Inc. to do grading work at Rich Acres Park for a
total price of $7,875.
Storm Sewer Improvements
Authorize Q.R.S. Corporation to do necessary storm sewer work at Rich Acres
Park in the amount of $4,000.
Liquor Store Security System
Authorize the purchase of a video surveillance system for all three liquor stores
to be purchased from Video Images, for a total price of $6,225.
G. Resolution Relating to Maintenance Assessments, L/H/N Redevelopment Area - CL 278
RESOLUTION N0. 6481
RESOLUTION DECLARING COST TO BE ASSESSED AND
ORDERING PREPARATION OF PROPOSED ASSESSMENT
(For L/H/N Maintenance)
RESOLUTION N0. 6482
RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT
(For L/H/N Redevelopment Area)
RESOLUTION N0. 64$3
RESOLUTION PROPOSING TO SPECIALLY ASSESS FOR THE COST OF
CURRENT SERVICES PROVIDED WITHIN THE LYNDALE/HUB/NICOLLET PROJECT AREA
(Period ;7uly 1, 1981 - December 31, 1981)
RESOLUTION N0. 6484
RESOLUTION PROPOSING TO SPECIALLY ASSESS FOR THE COST OF
CURRENT SERVICES PROVIDED WITHIN THE LYNDALE/HUB/NICOLLET PROJECT AREA
(Period January 1, 1982 - December 31, 1982)
H. Payments and Estimates
Hennepin County Treasurer, CP 7053, City's Share County Project
7807 on CSAH53, Right-of-Way Expenditures - Estimate $275,786.10
Council Meeting Minutes
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August 10, 1981
I. Claims and Payrolls
RICHFIELD BANK & TRUST
Checks 2090/53587 General $1,944,169.21
Checks 73370/73826 Payroll 225,458.32
SUMMIT STATE BANK
Checks 63809/63837 $2,091,491.06
All ayes - Carried.
17. Adjournment
Motion by Collins, seconded by Hassenstab that the meeting adjourn.
All ayes - Carried. Time: 11:25 p.m.
Date Approved:
August 24, 1981
Sy is K. Bergh City C
.•r
~~~ J ~
Karl Nollenberger City Manager