01-25-1982CITY OF RICHFIELD
REGULAR CITY COUNCIL MEETING
January 25, 1982
Tne City Council of the City of Richfield met in regular session in the
council chambers of the city hall on Monday, January 25, 1982 at 7:00 p.m.
The meeting was called to order by Mayor John Hamilton at 7:10 p.m.
Representatives from Cub Pack 500 Ied in the Pledge of Allegiance.
Council Member Kirsch gave the invocation.
Present: Bunee; Hassenstab, Kirsch, Ludeman, Hamilton
1. Approval of Minutes of Regular Meetin' of January 11, 1982
Motion by Hassenstab, seconded by Bunce to approve the minutes of the
January 11, 1982 regular city council meeting.
All ayes - Carried.
2. Environmental Assessment Process for the Proposed Extension of Runw~ 4-22
. City Manager Nollenberger reviewed the proposal of the Metropolitan Airport
Commission to extend Runway 4-22 at the International Airport. He called upon
Community Development Director Dennis Kraft to present a summary of this runway
extension. He traced the take-off patterns and the options that the proposed plan
would create.. He indicated that this extension could create more noise for
Richfield.
Donald Priebe, 7225 Bloomington, a Richfield member of ,tASAC, spoke of the
serious and adverse impact on the City that the extension of this runway will
present. He advised the council to strongly oppose this extension.
Motion by Hassenstab, seconded by Kirsch to request the staff to prepare a
resolution opposing the extension of Runway 4-22 for council consideration.
All ayes - Carried.
Donald 6,iitz, 7424 18th Avenue, said the runway should remain as it is and
that the PlAC wishes to extend it in order to lessen ttie noise in ttie t{ishland
Park area.
Council Meeting Minutes -2- January 25, 1982
3. Opportunity for Citizens to Address the City Council
Steve Lindgren, 7141 Oak Grove Boulevard, asked when is the staff having the
bond cycled. He has not seen it on the docket of the 1982 Legislature and he
wants to be kept advised.
Ms. Olive Witz, 7424 18th Avenue, said no one mentions the air pollution
when speaking of the airports problem and that this should be considered by the
council.
Mayor Hamilton commended Mr. Fondrick and the street crew for the excellent
plowing after the recent blizzard.
4. Council Approval of Order of Agenda Items
City Manager Nollenberger added two Legislative Position Statements for council
consideration -
Wine Sales in Grocery Stores
Interest Rate Ceiling on General Obligation Bonds
Council Member Ludeman requested that Item D of the Consent Calendar, "lcesolution
Authorizing Preparation of Assessment Rolls for CP 734, 727 and 761", be removed for.
special consideration.
Motion by Bunce, seconded by Ludeman to approve the agenda as amended.
All ayes - Carried.
5. Request for Variance to Construct Vestible, 7504 Dupont Avenue
City Manager ~ollenberger presented the request of ;is: Ruth Bingham for a variance
to reduce the required front yard setback of 33 feet to 29 feet to per:ait construction
of a vestiblue onto the front of her house at 7504 Dupont Avenue.
`!s. Bingham, 7504 Dupont, was present and spore on her behalf.
lotion by Bunce, seconded by Ludeman to close the hearing.
All ayes - Carried.
;lotion by kirsch, seconded by Ludeman to grant this variance to tl~e front
yard setback
All avc~s - Carried,
Council Meeting Minutes -3-~ January 25, 1982
6. Proposed Charter Amendment Relating to the Amendment and Repeal of Ordinances
City Manager Nollenberger presented a Charter amendment which would amend
Section 3.10, relating to the manner of presenting ordinance changes. This change
would call for old matter to be lined through instead of enclosing in brackets,
which would be less confusing.
Sid Sanford, 7000 Portland, asked questions regarding this change and Council
Member Ludeman summarized the change for Mr. Sanford.
Bill 1982-4, Charter Amendment Ordinance No. 12, "Charter Amendment Ordinance
Relating to Amendment and Repeal of Ordinances, Amending Section 3.10 of the
Richfield City Charter", was read and reviewed by City Attorney Clayton LeFevere,
the same being on file in the office of the city clerk. (C-118)
Motion~by Bunce, seconded by Hassenstab, that this constitute a firsC reading
of~Bill 1982-4; that it be published in the official newspaper and that second
reading of this ordinance amendment be scheduled for February 22., 1982.
Poll of votes: Ayes - Bunce, Hassenstab; Kirsch, Ludeman, Hamilton. Nays -.None.
Carried.
7. Resolution Relating to Taxicab Driver License Fees
City Manager Nollenberger advised the city council that an error was made in
the rate for taxicab drivers' license fees when all permit and license fees were
incorporated into Appendix D; and. the error was carried over when fees were adopted
by resolution. The fee was incorrectly listed as SSO, instead of $S, and tl~e city
manager asked that the council approve a resolution listing an increased fee for
taxicab drivers of $15.
Motion by Ludeman, seconded by Hassenstab that the following resolution be
adopted; that it be spread in the resolution book and that it be :Wade a part of
these minutes:
Council-Meeting Minutes -4-. January 25, T982
RESOLUTION N0. 6564
RESOLUTION AMENDING A SECTION OE
RESOLUTION N0. 6537 RELATING TO
TAXICAB DRIVERS' LICENSES
Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Hamilton. Nays - None.
Carried. This resolution appears as Resolution No. 6564 in Resolution Book No. 47.
8. Board and Commission Appointments
The city council reviewed applications for membership on the various. boards
and commissions. Mayor Hamilton praised the qualifications of the applicants for
commission. vacancies.
Civil Service Commission
Motion by Hamilton, seconded by Kirsch to appoint George Karnes to serve a
term. expiring 2/85.
All ayes -Carried.
Planning Commission
Motion by Hassenstab, seconded by Ludeman to appoint Mark Ahlquist to serve
a term expiring 2/85.
All ayes - Carried.
' Motion by Kirsch, seconded by Bunce to appoint Joe Ertman to serve a term
expiring.2/85.
Poll of votes: Ayes - Kirsch, Bunce. Mays - Hassenstab, Ludeman, Iamilton.
Motion .failed.
Motion by Ludeman, seconded by Kirsch to appoint Allan Anderson to serve a
term expiring 2/85.
Poll of votes: Ayes - Hassenstab, Kirsch, Ludeman, Hamilton. Nays - Bunce. Carried.
motion by Ludeman, seconded by'Hamilton to appoint Vern Luettinger to serve a
term expiring 2/85.
All ayes - Carried.
~ } Fem. f ~,--~ 5.~~~i. P _ . .
Council Meeting Minutes -5- January 25, 1982
Park and Recreation Advisory Commission
Motion by Hassenstab, seconded by Kirsch to appoint David Dunham to a term
expiring 2/85.
All ayes - Carried.
Motion by Bunce to appoint Tim Lindgren. Motion died for lack of a second.
Motion by Ludeman, seconded by Bunce to appoint Ethel Naslund to a term
expiring 2/85.
All ayes - Carried.
Motion by Bunce to appoint Joanne Wilmes. Motion died for lack of a second.
Motion by Hassenstab, seconded by Ludeman to appoint Eugene Stelman to-serve
a term expiring 2/85.
Poll of votes: Ayes - Hassenstab, Kirsch, Ludeman, Hamilton. Nays - Bunce. Carried.
Senior Citizens/Handicapped Commission .
Motion by Hassenstab, seconded by Ludeman to appoint Frank Anderson to serve
'a term expiring .2/85.
All ayes - Carried.
Motion by Bunce to appoint Marla Carlson :Motion died for lack of a second.
Motion by Ludeman, seconded by Bunce to appoint Marie Richardson to serve a
terns expiring 2/85.
All ayes - Carried.
Motion by kirsch, seconded by Hassenstab to appoint Dale Rusk to serve a
term expiring 2/85.
,iotion by Ludeman, seconded by Hassenstab to appoint -lyrna Hammer to serve
a term expiring 2/84.
x111 ayes - Carricd.
Council Meeting Minutes -6- January 25, 1982
Advisory Board of Health
Motion by Ludeman, seconded by Hassenstab to appoint David Johnson, Lia Ozols
and Henry Patzke for terms expiring 1/84.
All ayes - Carried.
Motion by Bunce, seconded by Hassenstab to appoint Stu Swanson to serve a
term expiring 1/84.
• All ayes - Carried.
Human Rights Commission
Motion by Ludeman, seconded by Hassenstab to appoint Thomas Hanson to a term
expiring 5/84, Robert Holton to a term expiring 5/83 and Diane Healey to a~term
expiring 5/85.
All ayes - Carried.
Energy Awareness Commission
Motion by Ludeman, seconded by Hassenstab to appoint Janet Erickson, Bruce
Stone, David Wold and George Evans to serve terms expiring 7/85.
All ayes - Carried.
South Hennepin Human Services Council
Motion by Ludeman, seconded by Kirsch to appoint Morris Olson to serve a
term expiring 1/84.
All ayes - Carried.
9. Status Report, Tip Top Car Wash
City ;tanager ~ollenberger introduced Public Safety Director Tom ;frgan and
asked him to provide a status report on the litibatfon involving the Tip Top Car
Wash, 6601 Bloomington, and to apprise the new mayor and council .member of the
developments involving this business establishment. Mr. Morgan indicated, that
as a result of informal meetings between Mr. Coletiour, the owner of the establishmen ,
Council Meeting Minutes -7- January 25, 1982
his attorneys and the city's legal staff, a more cooperative attitude has been
established. He said the 1981 license is still in litigation and the 1982 license
has been applied for, but approval by the council and staff has not been granted;
contiguous residents to the car wash have mentioned that many of their past
concerns have become resolved; and he asked the council for direction.
The council discussed the aspects of this case.
Motion by Ludeman, seconded by Hassenstab to request the staff and attorney
to compile a list of conditions for the 1982 license and to drop the 1981 lawsuit
if the conditional license is issued.
A11 ayes - Carried.
10. Legislative Policy
City Manager Nollenberger reviewed two additional Legislative Position
LJ
Statements that had been presented for discussion at a meeting earlier in the
evening with Senator Steve Lindgren and Representative Shirley Hokanson. The
two statements are as follows:
Interest Rate Ceiling on General Obligation Bonds
Wine Sales in Grocery Stores
The city manager recommended that the council register their concurrence
to these two Legislative Position Statements.
Aiotion by Ludeman, seconded by Kirsch to adopt these two Position Statements.
All ayes - Carried.
ll. Discussion of Responsibilities of Advisory Commissions
The council discussed the titles of the Park and Recreation Advisory Co:m.~nission
and the Human Rights Commission. Mayor Hamilton suggested that the Park and
Recreation Advisory Commission be renamed the Community Services Advisory Commission,
and that the Human Rights Commission be designated as the HiLman Relations Co^anission.
Motion by Bunee, seconded by Hassenstab to direct the staff to create a reso-
lution changing the name of the human Rights Commission to Human Relations Commission
Council Meeting Minutes -8= January 25, 19$2
for adoption by the city council at a later meeting.
All ayes - Carried.
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. 6565
RESOLUTION AMENDING EARLIER RESOLUTIONS RELATED TO THE
ESTABLISHMENT OF A PARK AND RECREATION ADVISORY COMMISSION
FOR THE PURPOSE OF ESTABLISHING A COMMUNITY SERVICES ADVISORY
COMMISSION
Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Hamilton. Nays - None.
Carried. This resolution appears. as Resolution No. 65b5 in Resolution Book No. 47.
12. Discussion of Golf Course Policies
Community Services Director Don Fondrick reviewed the plans relating to league
play and early Sunday morning golf to maximize the use of the golf course, as
presented in Council Letter No.. 35.
Motion by Bunce, seconded by Ludeman to amend the policy for league play to
permit one nine of the regulation course be utilized- for league play on ,iondays
from 3:30 p.m. to 6.:00 p.m, and to continue the pol-icy of allowing golfers to play
before 7:00 a.m. on Sunday morning, paying the twilight fee, subject to the -
following conditions:
1. That all play be kept on the back nine of-the course unless
there are no players wfio have made reservations or desire to
walk on for an 18 hole round on the front-nine for a tee time.
2. That as a stipulation of this special rate, it is to be under-
stood that maintenance on the back nine-will be in progress
during the course of their round.
3. That during the course of the 1982 season, this polic}• will
be evaluated for cost effectiveness, affect on course main-
tenance, and overall merit.
All aves - Carried.
Council Meeting Minutes -9- January 25, 1982.
Mark Johnson, from the Richfield Sun, and speaking as a Richfield resident,
advised against closing Rich Acres to the public by allowing too much league play.
13. Discussion of Charter Commission Appointments
City Manager Nollenberger presented the names of persons on the Charter
Commission whose terms will expire in February of this year. He quoted from the
Minnesota Statutes which states that "A city council, the charter commission, or
the petitioners requesting the appointment of a charter commission may submit to
the court the names of eligible nominees which the District Court may consider
in making appointments to the charter commission."
Council Member Ludeman asked why judges make appointments to the commission
rather than local city councils. City Attorney LeFevere responded that it is
becuse they wish to keep charter commissions removed from local politics. No
reference in the statutes is made to the nominating process. Council members
and the public may make nominations to the judge. Political party balance on
the charter commission is not a requirement.
Motion by Ludeman, seconded by Bunce to take no action at this time.
All ayes - Carried.
14. Legislative Policy - Liquor Licenses for Recreational Facilities
Council Member Bunce requested consideration of a legislative policy which
would allow for the issuance of liquor licenses to recreational facilities, such
as bowling alleys, as explained in Council Letter :io. 31.
Gordon Larson, owner of Richfield's Luxury Lanes- bowling alley, spoke on
behalf of on-sale liquor. He said it would bring more people into Riciifi~ld for
bowling tournaments and attract leagues. }{e responded to council questions.
DSayor {lamilton said he was concerned about having youns;sters around an environ-
ment that serves liquor.
Council Meeting Minutes -10- January 25, 1982
City Manager Nollenberger stated that every time a new category of liquor
license is created, additional public safety problems. could be created.
Motion by Ludeman, seconded by Kirsch to advise our legislators not to pursue
lobbying for this. liquor bill.
Poll of votes: -Ayes - Hassenstab, Kirsch, Ludeman, Hamilton. Nays - Bunce. Carried.
Mayor Hamilton stated his "nay" vote does not reflect negatively on Luxury
Lanes or Mr. Larson, as he feels he is a fine business man.
15. Discussion of Length of Council Terms Referral to Charter Commission
Council Member Bunce and Mayor Hamilton requested that the city council
consider requesting the Charter Commission to amend the charter requirements
relating to the, length of term for the office of mayor. The Charter presently
restricts the term of office to two years and they would like the term increased
from two to four years.
Motion by Ludeman, seconded by Bunce to request the Charter Commission to
consider amending the length of Che mayor's term to three or four years.
All ayes - Carried.
lb. Discussion of Mixed Land Use Development, Southwest Corner-of Edina, 76th
Street and York Avenue
Council Tlember Bunce reviewed the information received at a special meeting-
of January 18, with representatives of the City of Edina and architects, BRW. The
purpose of the meeting was to learn of the proposed mixed use development the Cit}•
of Ed-ina proposes to build on the southwest corner of 76th Street and York Avenue.
tie expressed his reservations regarding the development saying it would produce
negative effects of noise pollution and traffic on 76th Street.
Motion by Ludeman, seconded by Hassenstab to take no action at this time.
Poll of votes: Ayes - Hassenstab, Kirsch, Ludeman, Hamilton. gays - Bunce.
1
Carrie
Council Meeting Minutes -11- January 25, 1982
17. Resolution Authorizing Preparation of Assessment Roll for CP 734, 727 and 761
City Manager Nollenberger presented resolutions authorizing preparation of
assessment rolls for the following projects:
City Project 761 - Street Lighting
City Project 734 - Alley Paving
City Project 727 - Sidewalk Construction
Council Member Ludeman asked what process sets assessments. The city manager
responded that Chapter 439 of the Minnesota Statutes outlines the process for
levying special assessments, and that the purpose of these resolutions was to
facilitiate the preparation of the assessment rolls which will be presented to
the council on February 8, 1982, at which time a date will be set for the public
hearings on these projects.
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. 6566
RESOLUTION DECLARING COSTS TO BE ASSESSED
AND ORDERING PREPARATION OF PROPOSED
ASSESSMENT ROLL FOR CP 761
Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Hamilton. Nays - NOriQ.
Carried. This resolution appears as Resolution No. 6566 in Resolution Book No. 47.
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:
RESOLLTIO~ \0. 6567
RESOLLTIO}i DECLARING COSTS TO BE ,1SSESSED
A,~'D ORDERING PREPARATIO1 OF PROPOSED
ASSESS~tE\'T ROLL FOR CP 727
Poll of ~•otes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Ha:~ilton. `:ays - Sons.
Carried. This resolution appears as Resolution tio. 6567 in Resolution Book tio. 47.
Council Meeting Minutes -12- January 25, 1982
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. 6568
RESOLUTION DECLARING COSTS TO BE ASSESSED
AND ORDERING PREPARATION OF PROPOSED
ASSESSMENT ROLL FOR CP 734
Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Hamilton. Nays - None.
Carried. This resolution appears as Resolution No. 6568 in Resolution Book No. 47.
18. .Consent Calendar
Motion by Ludeman, seconded by Bunce that the following items be approved:
A. Resolution Setting Public Hearing for Issuance of Industrial Development Revenue
,SIDR) Bonds for Derrick Development Corp. - CL 24
Correct resolution. as follows: Change time to 7:30 and day to Tuesday.
RESOLUTION N0. 6569
RESOLUTION CALLING A PUBLIC HEARING
ON A PROPOSED PROJECT UNDER THE _
MIti'NESOTA MUNICIPAL INDUSTR LAL
DEVELOPMENT ACT
B. Purchases in Excess of $1,000
Cutting Edges - Authorize purchase of 20 cutting edges for a total purchase
price of $1,653.18 from Ziegler, Inr.
Water *leter - Authorize purchase from Davies Water Equipment in the amount of
$1,438 for use in multiunit housing development at 66th Street and Lake Shore Drive.
Brochure Paper - Authorize purchase from Wilcox Paper Company in the amount
of $1,904.17, based on $13.95/~i.
L/tl/N Spare Street Li~tit Purchase - Authorize purchase of two !+00 tJ high
pressure sodium lights with square tapered poles from Collins Electric for S1,696.25
each, in a total amount of $3,392.50.
C. Taxicab Business License, Suburban 1e11ow Cab Company - CL 28
Council Meeting Minutes -13- January 25, 1982
Approve license application from Suburban Yellow Cab Company for 50 taxi
vehicles.
D. Nonintoxicating Malt Beverage License, Fee Waived, Academy of Holy Angels - CL 25
Approve fee waived nonintoxicating malt beverage license for Holy Angels
Boosters Club for Saturday, January 30, 1982.
E. Transfer of Monies from Permanent Improvement Revolving Fund - CL 33
RESOLUTION N0. 6570
RESOLUTION AUTHORIZING TRANSFER OF FUNDS FROM
PERMANENT IMPROVEMENT REVOLVING FUND TO CAPITAL
IMPROVEMENT BUDGET TO FINANCE PUBLIC SAFETY
BUILDING IMPROVEMENT PROJECT - CP 767
F. Payments and Estimates
1. CP 764, Community Center Elevator, Estimate ~~2, Gem Construction
'Co. - $31,197
2. CP 767, Public Safety Addition, Estimate ~~4, Rutledge-Construction -
$114,998.26
G. Licenses
Superamerica, 77th and Nicollet
Shakey's Pizza, 500 E. 78th Street
VFtd Post 5555
Dairy Queen, 7533 Lyndale
Sandy's Tavern, 6612 Penn
Condon Drug, 1208 E. 66th Street
Richfield Pharmacy, b519 Nicollet
Cloverleaf ;lotel, 7700 Fremont
Shakey's Pizza, 500 E. 78th
Tom Thumb, 7609~Lyndale
Miller's Fireside. Pizza, 6736 Penn
Sandy's Ta~•ern, 6612 Penn
Church of St. Peter, 6730 Nicollet
H. Ctaims and Payrolls
RICI~FIELD Ba.\!: & TRUST
Checks 2547/56206 General
Checks 77859/78156 Payroll
SL^i*tIT STATE BAIVI:
Off-sale beer
3 Amusement devices
1 Aius is bo:c
1 Amusement device
3 Amusement devices,
1 Music bon
1 Amusement device
2 amusement devices
;iotel license
Retail on/off sale bec-
Off sale beer
Retail on sale sale
Retail on/off sale bey
Bingo license
$ 710,954.70
195,924.13
Checks 64205164234 $1,490,637.74
Council Meeting Minutes -14- January 25, 1982
Mayor Hamilton indicated that he would like to see the Claims and Payrolls
removed from the Consent Calendar and presented on the regular agenda. City
Manager Nollenberger advised the mayor that a resolution regarding council agenda
format would need to be revised to incorporate this change.
Motion by Ludeman, seconded by Kirsch that the Presentation of Claims and
Payrolls be added to the agenda format.
_ All ayes - Carried.
Motion by Ludeman, seconded by Kirsch 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. 6571 -
RESOLUTION REGARDING COUNCIL AGENDA FORMAT
Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Hamilton.. Nays - None.
Carried. This resolution appears as Resolution No. 6571 in Resolution Book No. 47.
19. Adjournment
Motion by Bunce, seconded by Ludeman that the meeting adjourn.
All ayes - Carried. Time: 10:00 p.m.
Date Approved: February 8, 1982
Sy a K. Bergh City ter
I
~ca,~~C I\~'9 ~~
Karl Nollenberge City ;tanager