09-14-1981CITY OF RICHFIELD
Regular Meeting
September 14, 1981
The City Council of the City of Richfield met in regular session in the council
chambers of the city hall on Monday, September 14, 1981 at 7;00 p.m.
The meeting was called to order by Mayor Donald Priebe at 7:15 p.m.
Present: Bunce, Collins, Hassenstab, Ludeman, Priebe
Mr. George Lais, Commander of American Legion Post 435, led in the Pledge of
Allegiance.
Rev. Theodore C. Johns, pastor of Richfield Lutheran Church, gave the invocation.
1. Minutes
Motion by Ludeman, seconded by Collins that the minutes of the August 24, 1981
city council meeting be approved with the following corrections:
Item 13, Page 8 1 "Poll of votes: Ayes - Bunce,. Collins, Priebe. Nays.-
Ludeman. Absent - Hassenstab."
Item 15, Page 9 - "Absent - Hassenstab."
A11 ayes - Carried. Abstain - Hassenstab.
2. Donation to the Department of Public Safety for the Bicycle Safety Program
by the Richfield Optimist Club
Mr. Ed Anderson, president of the Richfield Optimist Club, presented a $1,500
check to Mayor Priebe to provide support to the Bicycle Safety Program and the Bicycle
BMX course recently developed on the east side of Taft Park. Public Safety Director
Tom Morgan expressed the appreciation of the Public Safety Department for the Optimists
community support.
3. Donation to the Department of Public Safety for a Resuscitator by American
Legion Post 435
Mr. George Lais, Commander of American Legion Post 435, presented a $500
donation to the Public Safety Department and $89 to Councilmember Bunce for the
Fourth of July Observance Committee. Mayor Priebe thanked the Legionnaires for
the donations,
Council Meeting Minutes -2- September 14,. 1981
4. Opportunity for Members of the Audience to Address the City Council
Lawrence Wozniczka, 6744 Wentworth, commented on the traffic situation that
will result if the street vacation of a portion of Harriet Avenue is completed for
the Richfield Bank expansion, as outlined in Agenda Item 10. He also expressed
opposition to tax increment financing being used in this project; and asked if a
building of the height proposed could receive adequate fire protection.
Grace Lund, 6721 Harriet, talked about a walk on Harriet Avenue where a pipe
was protruding. The City Manager said he would investigate this.
5. Approval of Order of Agenda
An extra item was presented for consideration on the evening's agenda - Traffic
Control Signal, 76th Street at West Ramp of I-35W.
Motion by Bunce, seconded by Ludeman to adopt the agenda as amended.
All ayes - Carried.
6. Variance Request, Richfield High _School, 7001 Harriet Avenue, Installati_o__n
of Scoreboard
City Manalger Nollenberger reviewed the request of Independent School District
280 for a variance to allow an 8' x 18.5' scoreboard; 2' x 18.5' of the proposed
scoreboard would be reserved for advertising.
Mr. Lowell Larson, Superintendent of Schools, spoke in favor of this scoreboard,
and for a fee waiver. He indicated that the actual size had been changed to 18.6'
x 15.3'.
Motion by Ludeman, seconded by Collins to close the hearing.
All ayes - Carried.
Motion by Bunce, seconded by Hassenstab to approve this variance subject to
the following stipulations as listed in Council Letter No. 309; and to waive the
variance fee of approximately $85.
Council Meeting Minutes -3- September 14, 1981
1. That the advertising be limited to an area 2' x 18.5' and that
it not be illuminated;
2. That the permitted advertising be limited to the front of the
scoreboard only.
All ayes - Carried.
7. Variance Request, Oak Grove Lutheran Church, 7100 LYndale Avenue, Installation
of a Nonilluminated Sign
City Manager Nollenberger presented the request of Oak Grove Lutheran Church
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for a variance to allow the installation of a 4' x 8' nonilluminated sign. The
proposed sign is to be located on the south portion of the church property, north
of 71st Street.
Mr. Wilbur Johnson, 7504 Aldrich Avenue, appeared in support of the church's
request. He indicated that the .proposed sign would be replacing one that was 35
years old and deteriorated.
Fred Amram, 7026 Lyndale, said his opinion had not been solicited and he
asked how much larger the new sign would be in comparison to the present one.
Motion by Bunce, seconded by Ludeman to close the hearing.
A11 ayes - Carried.
Motion by Ludeman, seconded by Bunce to approve this variance to the sign
ordinance.
all ayes - Carried.
8. Variance Request, Auto Machine and Supply3 6501 Penn Avenue, Reduced Rearyard
Setback to Construct Auto Repair Garage
Community Development Director Dennis Kraft presented the request of Auto
Machine and Supply to reduce the required 25 foot rear yard setback to 9 feet 11
inches. This variance would allow the applicant to construct an 18' x 32' addition
to the existing structure, which will house a garage (service bay) to be used for
repairing automobiles. Mr. Kraft reviewed-the staff and planning commission
recommendations for approval subject to stipulations as outlined in Council Letter
No. 307.'
Council Meeting Minutes -4- September 14, 1981
Motion by Bunce, seconded by Collins to close the hearing.
All ayes - Carried.
Motion by Hassenstab., seconded by Bunce to table consideration of this item
until September 28, 1981, since the applicant had not appeared.
All ayes - Carried.
9. Approval of Final Development Plan to Construct Parking Lot Summit Bank
Community Development Director Dennis Kraft reviewed the PUD plan for the Hub/
Summit/Penny Planned Unit Development that was started in 1979. As part of the
final development plan, he presented plans of Summit Bank for approval of a final
development plan, special use permit and off-street parking permit to allow them ..
to construct a parking area north of their building, including the area within the
vacated 65th Street right-of-way. He noted the staff recommendation for approval
of this plan with the stipulation that additional landscaping should be provided.
Mr. Ralph Bruins, president of Summit Bank, remarked on their concerns for
traffic safety in devising this plan.
Motion by Ludeman, seconded by Hassenstab to close the hearing.
All ayes - Carried.
Motion by Ludeman, seconded by Hassenstab to approve the final development plan
and special use permit.
Motion by Ludeman, seconded by Hassenstab 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. 6491
RESOLUTION APPROVING LAYOUT AND CONTRACT
FOR OFF-STREET PARKING IN ACCORDANCE WITH
APPLICATION NO. 81-5, CONTRACT N0. 2335
Summit Bank, 6500 Nicollet
Use: Bank
Poll of votes: Ayes - Bunce, Collins, Hassenstab, Ludeman, Priebe. Nays - None.
Council Meeting Minutes -5- ~ September 14, 1981
Carried. This resolution appears as Resolution No. 6491 in Resolution Book No. 47.
The City Manager reminded the council of past city commitments to remove the
curbs and make other improvements in the area.
10. Request for Continuation of Planned Unit Development, Multifamily Site L/H/N Area
City Manager Nollenberger advised that Knutson Independent Living Centers,
developer of the multifamily site in the L/H/N redevelopment project, has asked
that this hearing be continued to September 28, 1981.
Motion by Hassenstab, seconded by Bunce to continue this hearing to September 28,
19s1.
All ayes - Carried.
11. Rezoning, Preliminary Plat, Special Use Permit and Street Vacation, Richfield
State Agency, 6625 Lyndale Avenue
Community Development Director Kraft reviewed the plans of the Richfield State
Agency to construct improvements to their existing bank and office facilities located
at 6625 Lyndale Avenue.
The Council recessed at 8:25 p.m. and reconvened at 8:40 p.m.
David Bennett, architect, described the proposed design to the city council.
Mr. Carl McBride, of the Richfield State Agency, remarked on the impasse of
negotiations between the agency and Kentucky Fried Chicken.
Rolf Hagen, representing Bjorn Hagen Furs, stated his client has owned the
property since 1967 and is not interested in selling.
Gordon Strom, 6532 Lyndale, asked who pays for condemnation of property. The
City Manager responded with financial explanation.
Mr. McBride said there would be no city involvement in acquisition of private
homes in Phase II of this bank agency development.
Grace Lund, 6721 Harriet, asked questions regarding financing.
Bjorn Hagen spoke on his own behalf. He said the bank was offering him the
same price for his property as they did fifteen years ago.
Council Meeting Minutes -b- September 14, 1981
Motion by Hassenstab, seconded by Bunce to close the hearing.
All ayes - Carried.
Motion by Ludeman, seconded by Bunce to approve the PUD plan, subject to the
following stipulation as listed in Council Letter No. 320:
That building materials and all site lighting, landscaping, signing
and buffering conform to city standards.
All ayes - Carried.
Motion by Ludeman, seconded by Bunce to approve the preliminary plat
subject to the following stipulation as listed in Council Letter No. 320:
That a subdivision title be shown.
All ayes - Carried.
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. 6492
RESOLUTION RECEIVING STREET AND ALLEY VACATION
PETITION AND CALLING FOR PUBLIC HEARING
(HARRIET AVENUE)
Poll of votes: Ayes - Bunce, Collins, Hassenstab, Ludeman, Priebe. Nays - None.
Carried. This resolution appears as Resolution No. 6492 in Resolution Book No. 47.
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• Bill 1981-19, Transitory Ordinance No. 16.83, "A Transitory Ordinance Providing
for the Vacation of a Portion of Harriet Avenue", was read and reviewed by City
Attorney Clayton LeFevere, the same being on file in the office of the city clerk
(C-9990).
Motion by. Ludeman, seconded by Bunce that this constitute a first reading of
Bill 1981-19; that it be published in the official newspaper and that second reading.
of this ordinance amendment be scheduled for October 12, 1981.
Poll of votes: Ayes - Bunce, Collins, Hassenstab, Ludeman, Priebe. Nays - None.
Carried.
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Council Meeting Minutes -7- September 14, 1981
Bill 1981-20, Transitory Ordinance No. 16.84, "A Transitory Ordinance Providing
for the Vacation of the Alley on Block 2, Lyndale Shores on Wood Lake", was read and
reviewed by City Attorney Clayton LeFevere, the same being on file in the office of
the city clerk clerk (C-9991).
Motion by Ludeman, seconded by Bunce that this constitute a first reading of
Bi11 1981-20; that it be published in the official newspaper and that second reading
of this ordinance amendment be scheduled for October 12, 1:981.
Poll of votes: Ayes - Bunce, Collins, Hassenstab, Ludeman, Priebe. Nays - None.
Carried.
Bi11 1981-21, !'An Amendment to Appendix C of the Ordinance Code of the City
[:
of Richfield, Minnesota", was read and reviewed by City Attorney Clayton LeFevere,
the same being on file in the office of the city clerk. (C-9992)
Motion by Ludeman, seconded by Bunce that this constitute a first reading of
Bi11 1981-21; that it be published in the official newspaper and that second
reading of this ordinance amendment be scheduled for October 12, 1981.
Po11 of votes: Ayes - Bunce, Collins, Hassenstab, Ludeman, Priebe. Nays - None.
Carried.
12. '' L/H/N Maintenance Assessment Hearin, Period of January. 1981 through
June, 1981
City Manager Nollenberger reviewed the city's program of specially assessing
the L/H/N redevelopment area for current maintenance services performed during the
period of January through June, 1981.
The discussion was then opened to members of the audience.
Gordon Strom, 6532 Lyndale, said he could not afford this added assessment.
Dr. Robert Dietel, of Woodlake Veterinary Hospital, 6436 Lyndale, asked how
much the city spends to maintain the L/H/N area; and if the Richfield Liquor Store
Council Meeting Minutes -8- September 14, 1981
will pay an assessment.
Leigh Gardner, owner of businesses at 6414 and 6412 Nicollet, said these taxes
were forcing him out of business and-that he objects to this assessment.
Lee Nelson, owner of Nelson's Family Restaurant, cited his agreement with
the city relating to maintenance. He said his agreement with the former city
planner-and city manager indicated he would maintain his own property. He said he
will plow his own snow if the city will drop his property from the special assessment.
He suggested a moratorium on maintenance for one year to see how the individual
property owners maintain their properties.
Ralph Bruins, president of Summit Bank, expressed opposition to the proposed
assessment. He said this assessment was contrary. to the original agreement and that
businesses would maintain their own properties if given that option.
Richard Blevins, 7539 Washburn, cited refuse and dying sod and trees in the
L/H/N and asked if the city will cease providing special services to the L/H/N.
Motion by Bunce, seconded by Hassenstab to close the hearing.
A11 ayes - Carried. -
Motion by Hassenstab, seconded by Bunce to defer final action until
September 28, 1981.
Poll of votes: Ayes - Bunce, Hassenstab, Ludeman, Priebe. Nays - Collins. Carried.
13. Creation of Special A
December 31, 1981 and Janua
ssment District:
for Periods July, 1981 through
ember, 1982, L/H/N Maintenance Project
1982
Motion by Hassenstab, seconded by Ludeman to continue consideration of this
item to September 28, 1981.
All ayes - Carried.
14. Ordinance Amendment Relating to Public Bathhouses. Second Reading.
Bill 1981-17, "An Amendment to Chapter V, Part II and Appendix D of the
Ordinance Code of the City of Richfield", relating to the regulation of public baths,
Council Meeting Minutes -9- September 14, 1981
was read and reviewed by City Attorney Clayton LeFevere, the same being on file
in the office of the city clerk. (C-9987)
City Attorney LeFevere noted that paragraph (16) was missing from page 7 and
indicated that this omission would be corrected in the final copy.
Motion by Ludeman, seconded by Bunce to close the hearing.
A7:1 ayes - Carried.
Motion by Ludeman, seconded by Bunce to amend the ordinance as indicated.
All ayes - Carried.
Motion by Ludeman, seconded by Bunce that this constitute a second reading
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of Bill 1981-17, as amended; that it be published in the offical newspaper and
that it be made a part of these ininutes.
Poll of votes: Ayes - Bunce, Collins, Hassenstab, Ludeman, Priebe. Nays - None.
Carried.
15. Second Reading Ordinance Amendment Relating to Second Mortgage Position on
Housing for Moderate Income Families
Bi11 1981-18, Transitory Ordinance 16.82, "A Transitory Ordinance Directing
the Richfield Housing and Redevelopment Authority to Designate Certain Real
Property Liens as Secondary", was read and reviewed by City Attorney Clayton LeFevere,
the•same being on file in the office of the city clerk. (C-9988)
Motion by Bunce, seconded by Ludeman to close-the hearing.
All ayes - Carried.
Motion by Bunce, seconded by Collins that this constitute a second reading
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of Bill 1981-18; 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.
Council Meeting Minutes -10- September 14, 1981
16. Referral to Charter Commission of Proposed Charter Amendments, Relating to
Filing of Nomination Petitions and Status of Public Safet Director in Relation
to Civil Service
The city council reviewed the two charter amendments proposed by the city
staff for referral to the charter commission. These amendments, one relating to
nominations for city elective offices and the other to status of the Public Safety
Director in relation to the Civil Service, are essentially of a housekeeping nature
and intended to clarify language in the present charter.
Motion by Bunce, seconded by Hassenstab to refer these amendments to the
charter commission for review and recommendation.
All ayes - Carried.- .-
17. Request for Kennel License, 6309 12th Avenue
City Manager Nollenberger reviewed the request of Ms. Mary J. Verschoyle,
6309 12th Avenue, for a temporary kennel license.
Ms. Verschoyle appeared in her own behalf and indicated she was seeking a
residence outside the city because of complaints of her animals and that she was
requesting a temporary kennel license until she finds housing in another area,
since it is such a lengthy process.
Motion by Bunce, seconded by Ludeman to grant a temporary kennel license
through December 1, 1981 to Ms. Mary Verschoyle.
Poll of votes: Ayes - Bunce, Collins, Hassenstab, Ludeman. Nays - Priebe. Carried.
18. Traffic Control Si nal, .76th Street at West Ramp of I-35W
City Manager Nollenberger advised the city council that the Minnesota Depart-
went of Transportation, at the request of the City, had determined that a traffic
signal was warranted at the I-35W west ramp at 76th Street. He recommended that
the council pass the resolution authorizing execution of the agreement with the
state.
Council Meeting Minutes -11- September 14, 1981
Motion by Ludeman, 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. 6490
RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN THE MINNESOTA
DEPARTMENT OF TRANSPORTATION AND THE CITY OF RICHFIELD FOR
A TRAFFIC SIGNAL ON THE I-35W WEST RAMP AT 76TH STREET
Poll of votes: Ayes - Bunce, Collins, Hassenstab, Ludeman, Priebe. Nays. - None.
Carried. This resolution appears as Resolution No. 6490 in Resolution Book No. 47.
19. Consent Agenda
Motion by Ludeman, seconded by Hassenstab that the following items be approved:
A. Resolution Certifying Special•Assessments for Removal of Diseased Trees,
Nuisance and Weed Destruction - CL 316
RESOLUTION N0. 6493
RESOLUTION LEVYING SPECIAL ASSESSMENT-FOR WEED DESTRUCTION
RESOLUTION N0. 6494 "
RESOLUTION LEVYING SPECIAL ASSESSMENT FOR NUISANCE ABATEMENT
RESOLUTION N0. 6495
RESOLUTION LEVYING SPECIAL ASSESSMENTS
FOR ABATEMENT OF DISEASED TREES
B. Resolution Certifying Delinquent Sewer and Water Utility Accounts - CL 317
RESOLUTION N0. 6496
RESOLUTION CERTIFYING UNPAID SEWER AND WATER SERVICE
CHARGES TO THE COUNTY AUDITOR TO BE COLLECTED
WITH OTHER TAXES ON SAID PROPERTIES
C. Request for Gambling License and Waiver of Fees, St. Peter's Church - CL 305
Authorize the issuance of fee waived gambling and raffle licenses for
sale in residential areas for September 13, and 14, 1981. •
Council Meeting Minutes -12- ~' September 14, 1981
D. Request for Erection of Pedestal Sign at 78th Street, LaBelle's - CL 306
Approve the request for a new pedestal sign 35 feet high on 78th Street.
E. Purchases in Excess of $1,000 - CL 318
Storm Sewer Extension - Authorize QRS Corporation to do an estimated additional
$2,000 of storm sewer improvements at Rich Acres Park.
Storm Sewer Repair - Authorize G. L. Contracting to proceed with storm sewer
repair in the vicinity of 74th Street and 14th Avenue and 79th Street and
11th Avenue at a cost of $3,883.55. This work is an obligation resulting
from an agreement with the City of Bloomington in 1966. Richfield will pay
approximately $2,906.75 and Bloomington will pay approximately $876.80.
Stump Chipping - Authorize a master purchase order to Richard Novak for the
purpose of chipping stumps of damaged or diseased trees removed from boulevards.
This work was quoted as $.38 per inch and the estimated total cost of chipping
current existing stumps is $1,004.
Restaking Rear Property Corners - Authorize Ron Krueger and Associates, T.nc.
to do restaking of rear property corners in Penn Lake Terrace 2nd Addition
as it abuts Adams Hill Park pond, at a cost not to exceed $1,200.
Building Front Paving - Adams Hiii Park - Authorize Dakota Blacktopping to
provide paving in front of the shelter building in the amount of $1,850.
Pathway Paving - Rich Acres Park - Authorize Dakota Blacktopping to provide
blacktopping for pathway system as part of the minor park improvements at
Rich Acres Park in the amount of $4,980.
Skate Tile - Authorize installation of an estimated 984 square feet of
27" x 27" Tuflex Spartus in the shelter building at Adams Hill Park by
St. Paul Linoleum and Carpet Company in the amount of $4,350.
Council Meeting Minutes -13- September 14, 1981
F. Ordinance Amendment Relating to Right-of-Way,Circle Place and Graham
Avenue - CL - 323
Bill 1981-22
Amendment to Transitory Ordinance No. 16.70.1
AN AMENDMENT TO A
TRANSITORY ORDINANCE
VACATING A PORTION OF GRAHAM AVENUE SOUTH
AND CIRCLE PLACE
Bill 1981-23
Amendment to Transitory Ordinance No, 16.71
AN AMENDMENT TO A
TRANSITORY ORDINANCE
PROVIDING FOR THE VACATION
OF AUTO LANE WITHIN FAIRWOOD SHORES:
G. Payments and Estimates
CP 720, Installation of telephone system, final payment - Telamerica - $8_,713.74
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H. Claims and Payrolls -
Richfield Bank & Trust
Checks 2143/2279, 53817/54089 General $ 520,725.82
Checks 74716/75100 Payroll 200,709.88
Summit State Bank
Checks 63907/63958 $4,388,179.43
20. Adjournment
Motion by Bunce, seconded by Ludeman that the meeting adjourn.
A11 ayes - Carried. Time: 12:11 a.m., September 15, 1981.
Date Approved:
September 2$, 1981
Syl K. Bergh City Clerk