02-08-1982CITY OF RICHFIELD
REGULAR CITY COUNCIL MEETING
February 8,-1982
The City Council of the City of Richfield met in regular session in the council
chambers of the city hall on Monday, February 8, 1982 at 7:00 p.m.
The meeting was called to order by Mayor John Hamilton at 7:02 p.m.
Rev. David Wilder, Pastor of--Bethany Covenant Church, gave the invocation.
Weblos Den Cub Scout Pack ~~384 presented the colors.
Present: Bunce, Hassenstab, Kirsch, Ludeman, Hamilton -
•~- .
1. - Approval of Minutes of Special Meeting of January 18, 1982, Special Meeting of
• January 25, 1982, and Regular Meeting of January 25, 1982
• Motion by Hassenstab, seconded by Ludeman to approve the minutes of the meetings
• of January 18, and 25, 1982. -
-~ A11 ayes - Carried. -
• 2. Proclamation for League of Women Voters
Mayor Hamilton presented a proclamation declaring February, 1982 as "Richfield
League of Women Voters" month and a proclamation recognizing the school safety
patrols of Centennial, Elliot, Lincoln Hills and Sheridan Schools.
3. Council Approval of Agenda
Motion by Bunce, seconded by Hassenstab to approve the agenda as presented.
All ayes - Carried.
4. Consideration of Application for 1982 Business License, Tip Top Car Wash,
6601 Bloomington Avenue
Public Safety Director Tom Morgan described the history of licensure of
Tip-Top Car Wash, 6601 Bloomington Avenue, and described the proposed conditions
for licensure in 1982. He indicated the terms governing licensure presented in
a resolution granting a business license to this company are those recommended
by the staff for conditional licensing of the business for 1982.
Council Meeting Minutes -2- February 8, 1982
Richard Speeter, attorney for David Colehour, owner of Tip-Top Car Wash,
responded to the conditions proposed as the basis of the 1982 license for this.
business. He described his client's previous efforts to improve maintenance of
the business property. Mr. Speeter and Mr. Colehour answered councilmembers'
questions. Mr. Colehour indicated his commitment to maintaining improved manage-
went of the business.
• Henry Thurnau, 6701 Bloomington, expressed concern with the location and
.~-
maintenance of the business.
Frank Riley, 6915 Portland, expressed concern that the car wash had made
many promises over the years-for addressing the problems that have existed, but
had not followed through with those promises.
"F°~` John LaFrance, 6621 Bloomington, supported the comments of Mr. Thurnau and
Mr. Riley.
Motion by Ludeman, seconded by Bunce to amend stipulations 6 and 8 in the
resolution granting a license to this business to specify the date required
for completion as June 1, 1982. -
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. 6573
RESOLUTION GRANTING BUSINESS LICENSE
TO J&L INVESTMENT C C~'IPANY
Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Hamilton. Nays - None.
Carried. This resolution appears as Resolution No. 6573 in Resolution Book No. 48.
Motion by Hassenstab, seconded by Kirsch to request the staff to .immediately
advise the council of the licensee's failure to comply with any of these conditions,
Council Meeting Minutes -3- February. 8, 1982
with said circumstances to set in motion the process to revoke the license for the
rest of 1982.
All ayes - Carried.
5. Request for Special Use Permit, to Allow a Restaurant, 2 West 66th;;Street
City Manager Nollenberger presented the request for a special use permit for
Godfather's Pizza of Minnesota, 2 West 66th Street.
Motion by Ludeman, seconded by Kirsch to continue this hearing to the council
meeting of February 22, 1982~~ with the request that the applicant be present at
that time.
A11 ayes - Carried.
6. Request for Special Use Permit to Allow a Used Car Lot, 1825 East 66th Street
City Manager Nollenberger presented the request of John L. Bekter, representing
Auto Brokers, for a special use permit to allow a used car sales lot and office at
1825 East 66th Street, as outlined in Council Letter. No. 43. This is property that
the city has recently acquired and wishes to least it.
Mr. Bekter, the applicant, spoke on behalf of his application.
Motion by Bunce, seconded by Hassenstab, to close the hearing.
All ayes - Carried.
Motion by Ludeman, seconded by Bunce to grant this special use permit with
the understanding that this is conditional, until such time as the city has need
. of the land.
A11 ayes - Carried.
' 7. - Ordinance Amendment Relating to Revision of Residential Zoning Ordinance.
Second Reading.
City Manager Nollenberger described the history of development of the proposed
residential zoning ordinance amendment. He summarized grevious discussions and
meetings that had been held on this proposed ordinance amendment,
Council Meeting Minutes -4- February 8, 1982
Mark Ahlquist, 6449 Lyndale, a member of the Planning Commission, described
additional history of this ordinance amendment. He recommended that the designation
of zoning districts be '!R1!'.and "R2" rather than "R" and "RSD".
Motion by Kirsch, seconded by Ludeman to change ordinance references to
"RSD" to "Rl".
All ayes - Carried. -,
. Herman Ninteman, 7526 Morgan, impressed skepticism regarding rezoning of
properties along arterial stzeets to premit two-family dwellings.
Bill 1981-30, Renumbered 1982-5, "An Ordinance Amending the Ordinance Code of
the City of Richfield, Minnesota, as follows: Amending Section 3.27, Subd. 3 by
Providing new Definitions for. 'Arterial Streets', 'Collector Streets', 'Floor
Area Ratio', 'Lot Coverage', 'Lot Width', 'Outdoor Open Space', and 'Required
Yard' and Making Other Changes; Amending Section 3.28, Subdivision 1, by Providing
for new Zoning Classifications R-1, MR-1, MR-Z, and MR-3; Amending. Section 3.29
by Adding anew Subd. 15. with Provisions Concerning Walls, Fences, and Hedges;
Amending Section 3.30 by Replacing the Existing Provisions with new Provisions
for the Residence (R) District; Adding a new Section 3.30A with Provisions for
the new Residence District (R-1), Adding a Mew Section 3.31A with Provisions for
the new Multiple Residence (MR-1, MR-2, and MR-3) Districts; Amending Section 3.32,
Subds. 1(1) and 4, Section 3.33, Subds. 1(1) and 3(a), Section 3.34A, Subd. 4
Section 3.33, Subds. 1(I) and 3(a), Section 3.34A, Subd. 2(5), Section 3.36, and
Section 3.38A by Adding References to the new Zoning Classifications and Making
• Other Changes; Amending Section 3.39 by Deleting Subd. 2(1)(e) Concerning
Regulation of Wa11s, Fences, and Hedges, by Deleting Subd. 4 Thereof Concerning
use of Existing Lots, and by Making Other Changes; Amending Section 3.57, Subdivision
1, by Providing that the Minimum Lot Area and Minimum Lot Width Standards of
that Subdivision Shall be Superseded when other such Standards are Specified'
for Particular Lots Elsewhere in the Code", was read and reviewed by City Attorney
Council Meeting Minutes -5- February 8,.1982
Clayton LeFevere, the same being on file in the office of the city clerk. (C-105)
Motion by Ludeman, seconded by Bunce that this constitute a second reading
of Bi11 1982-5, as amended; and that it be made a part of these minutes.
Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Hamilton. Nays -•None.
Carried.
Motion by Kirsch, seconded by Hassenstab to authorize publication of-the
• ordinance in summary fashion as presented by the city manager.
'L
A11 ayes - Carried.
8. Ordinance Amendment Relating to Driveway and Parking Area Regulations.
. Second Reading.
The-city council reviewed the ordinance amendment relating to driveway and
parking area regulations with respect to changing the regulations to coincide
with the previously reviewed ordinance.
Motion by Kirsch, seconded by Ludeman to change ordinance references to "RSD"
to "R-1".
A11 ayes - Carried.
B~i11 1981-31, Renumbered 1982-6, "An Ordinance Amending Section 4.05, Subdivision
1, of the City Code of the City of Richfield, Minnesota, by Adding the "R-1"
District Within the Scope and Coverage of the Parking Regulations of that Subdivision",
was read and reviewed by City Attorney Clayton LeFevere, the same being on file in
the office of the city clerk. (C-106)
Motion by Hassenstab, seconded by Bunce that this constitute a second reading
of Bill 1982-6, as amended; that it be published in the official newspaper and that
it be made a part of these minutes.
Po11 of votes: Ayes - Bunce,. Hassenstab, Kirsch, Ludeman, Hamilton. .Nays - None.
Carried.
Council Meeting Minutes -6- February 8, 1982
9. Transitory Ordinance Providing for Certain Capital Improvements. Second Readin
City Manager Nollenberger presented a transitory ordinance appropriating monies
from the Special Revenue Fund for capital improvement projects, in accordance with
the adopted 1982 capital budget.
Motion by Hassenstab, seconded by Ludeman to close the hearing.
All ayes - Carried. -
Bill 1982-2, Transitory Ordinance No. 16.90, "An Ordinance Providing for the
Expenditure of Money from the Special Revenue Fund for Certain Capital Improvements",
was read and reviewed by City Attorney Clayton LeFevere, the same being on file in
the office of the city clerk. (C-116)
Motion by Ludeman, seconded by Bunce that this constitute a second reading
_ of Bill 1982-2; that it be ,published in the official newspaper and that it be made
a part of these minutes.
Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Hamilton. .Nays - None.
Carried. -
10. Ordinance Amendment Relatin to Various Fees and Charges. Second Reading.
City Manager Nollenberger presented an ordinance related to various fees
for city council second reading approval..
Motion by Hassenstab, seconded by Kirsch to close the-hearing.
All ayes - Carried.
Bi11 1982-3, "An Ordinance Amending Sections 3.06, 8.03, Subdivision (1), 8.13,
and 8.21, Subdivisions (1), (4) and (5) of the Ordinance Code of the City of
Richfield, Minnesota, relating to fees to be Charged for Housing Inspections and
for City Services Relating to Sewer and Water Service", was read and reviewed by
City Attorney Clayton LeFevere, the same being on file in the office of the city
clerk. (C-117)
Council Meeting Minutes -7- February 8, 1982
Motion by Bunce, seconded by Hassenstab that this constitute a second reading
of Bill 1982-3; that it be published in the official newspaper and that it be made
a part of these minutes.
Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Hamilton. Nays - None.
Carried.
11. Transitory Ordinance Establishing_Council District Boundaries
City Manager Nollenberger presented a transitory ordinance establishing council
district boundaries, as recommended by the citizens' redistricting committee, for
city council second reading approval.
Motion by~Bunce, seconded by Hassenstab to close the hearing. -
All ayes - Carried. •.
Bill 1982-1, Transitory Ordinance No. 16.89, "An Ordinance Establishing the
Boundaries of Council Districts Pursuant to Section 2.03 of the City Charter of
the City of Richfield", was read and reviewed by City Attorney Clayton LeFevere,
the same being on file in the office of the-city clerk. (C-115)
Motion by Kirsch, 'seconded by Hassenstab that this constitute a second reading
of Bill 1982-1; that it be published in the official newspaper and that it be made
a part of these minutes.
Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Hamilton. Nays - None.
Carried.
• Motion by Bunce, 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. 6574
RESOLUTION ESTABLISHING
BOUNDARIES OF ELECTION PRECINCTS
Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Hamilton. Nays - None.
Council Meeting Minutes -8- February 8, 1982
Carried. This resolution appears as Resolution No. 6574 in Resolution Book No. 48~.
12. Resolution Opposing Extension.of Runway 4-22 at the Metropolitan Airport
City Manager Nollenberger described the status of the airport runway 4-22
expansion and indicated that the Metropolitan Airports. Commission appears to have
now shelved plans for the runway extension. He presented a resolution expressing
opposition to extension.of the runway.
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. 6575
RESOLUTION OPPOSING THE EXTENSION OF RUNWAY 4-22
' AT THE MINNEAPOLIS - ST. PAUL INTERNATIONAL AIRPORT _
Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman,.Hamilton. Nays - None.
Carried. This resolution appears as Resolution No. 6574 in Resolution Book No. 48.
13. Resolution Setting Date of Assessment Hearings for Sidewalk, Alley and
Street Light Improvements
City Manager Nollenberger presented resolutions providing for setting public
hearings for March 22, 1982 for the following city projects:
City Project 727 - Sidewalk Construction
City Project 761 -Street Lighting
City Project 734 - Alley Paving
' Motion by Hassenstab, seconded by L«deman 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. 6576
RESOLUTION FOR HEARING OV
PROP.~3E0 ASSESSMENT FOR C. P. 727 - SIDEWALK PROJECT
Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Hamilton. Nays - None.
Carried. This resolution appears as Resolution No. 6576 in Resolution Book No. 48.
Council Meeting Minutes -9- February 8, 1982
Motion by Hassenstab, seconded by Ludeman 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. 6577
RESOLUTION FOR HEARING ON
PROPOSED ASSESSMENT FOR C.P. 761 - STREET LIGHTING~PROJECT
.Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Hamilton. Nays - None.
Carried. This resolution appears as Resolution No. 6577 in~Resolution Book No. 48.
-City Manager Nollenberger described the assessment policy for alley improve-
ments. He described the need for the council to clarify application of this policy
• to the residential property owned by Wooddale Baptist Church, in the vicinity of
" Nicollet and First Avenues, between 71st Street and 72nd Street.
Motion by Bunce, seconded by Hassenstab to assess the church-owned property
being used as a church at a~three-fourth's of the total cost rate and to assess
the church-owned residential property at the regular residential rate for other
blocks in the community.
Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Hamilton. Abstain- Ludeman.
Councilmember Ludeman abstained with the concurrence of the rest of the council.
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:
RESOLUTION NO. 6578
• RESOLUTION FOR HEARING ON
PROPOSED ASSESSMENT FOR C.P. 734 - ALLEY PAVING PROJECT
Poll of votes: Ayes - Bunce, Hassenstab,. Kirsch, Ludeman, Hamilton. Nays - None.
Carried. This resolution appears as Resolution No. 6578 in Resolution Book No. 4$.
14. Resolution of Support for Proposed Sharing of Public S_a_f_e_tg Communications
S_Ystem with the City of Eden Prairie
Council Meeting Minutes -10- February 8, 1982
Public Safety Director Tom Morgan presented a resolution supporting the propose
sharing of public safety communications systems with the City of Eden Prairie.
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. 6572
RESOLUTION OF ENDORSEMENT FOR PROPOSED
SHARING OF PUBLIC SAFETY COMMUNICATIONS
SYSTEM WITH THE CITY OF EDEN PRAIRIE
Poll of votes: Ayes - Bunch, Hassenstab, Kirsch, Ludeman, Hamilton. Nays - None.
Carried. This resolution appears as Resolution No. 6572 in Resolution Book No. 48.
15. L~slative Position Statements
City Manager Nollenberger presented recommended legislative position statements
opposing changes in state law relating to the following:
Limitation of Supervisory Employee Definition - Oppose legislation contained
in House File No. 1242 and Senate File No. 388 regarding definition of
supervisor.
Injury-on-Duty Leave - Support legislation which would permit payment of
Injury-on-Duty leave to police officers and firefighters.
Municipal Employees to Serve as Election Judges - Support legislation which
would permit city employees to serve as election judges.
Dram Shop Insurance - Elimination of Limitations - Oppose House File No. 1642
regarding changes in previsions for Dram Shop Insurance.
Motion by Ludeman, seconded by Bunce to adopt these legislative position
statements.
All ayes - Carried.
16. Commission Appointments
City Manager Nollenberger presented an application for membership on the Energy
Awareness'AdvisorY Commission for city council consideration. The council discussed
the advisability of amending the resolution establishing this commission by increasi
the size to sixteen members.
Council Meeting Minutes -11- February 8, 1982
Motion by Kirsch, seconded by Bunce to amend Resolution No. 5881 by increasing
the size of the commission by one member, to sixteen.
All ayes - Carried. -
Motion by Kirsch, seconded by Bunce to appoint James Wilcox, 6821 13th Avenue,
and Theodore Bergman,-7045 5th Avenue, to the Energy Awareness Advisory Commission.
All ayes - Carried.
Motion by Kirsch, seconded by Ludeman to defer appointments to the Human
Rights Commission and request the newspaper to publicize the need for additional
applicants to serve on this commission.
All ayes - Ca:•xied,. -
• 17. Consent Calendar
Motion by Bunce, seconded by Hassenstali to approve the follor~~ing items:
A. Setting Date_for Board of Review - CL 52
Set the date for the 1982 Board of Review meeting for Wednesday, June 2,_1982
at 7:00 p.m.
B. Resolution Declari~ Costs to be Assessed and Settings date o.f Hearing
C.P. 768E Aldrich Avenue Cul_de_sac - CL 46
RES0LiTPION N0. 6579
RESOLUTION DECLARING COST AND
• SETTING ASSESSMENT HEARING FOR C.P. 768
ALDRICH AVENUE CUL-DE-SAC CONSTRUCTION
C. Minu_t_es_L Tabulation of Bids and Award of Contract f_o_r Furnishings for
Public Safety Remodeling Project - CL 57 ~ ~M
Award bid to P. M. Johnson, Inc. for base bid materials and alternates number
two and three for a total amount of $18,304.50.
D. Purchases in Excess of 2,500 - CL 58
DriviYng_Range Tractor - Authorize purchase of a Snapper Model 1855A garden
tractor from Small Engine City, Inc. in the amount of $3,490.93.
. _ Pick-Up_Trucks - Based on Hennepin County Bid No. 2309, authorize purchase of
three 3/4 ton pick-up trucks for $25,648.50 from Superior Ford, and two 3/4 ton
. _ - - - ---
Council Meeting Minutes -12- February 8, 1982
trucks including one snow .plow for $20,921 from Superior Ford at a total purchase
price of $46,569.50.
Water Meters - Authorize .the purchase of 200 water meters at a unit price of
$44.25 from Davies Water Equipment for a total price of $8,850.
E. Licenses f
Assumption Catholic Church, February 20 On-sale beer
Church of St. Richard ,- Food and soft drink
Rolling Tigers CB Club Raffle,
benefiting American Lung Association at Fred Babcock VFW Club
Regular
American Legion
Tom Thumb, 7600 Know
Gold Eagle, 1537 E. 66th
' 7-11, 6849 Nicollet
Win Stephens, 920 W. 78th
Superamerica, 2913 W. 66th
Superamerica, 826 W. 66th
Hauser's, 6530 Pillsbury
Shortstop Superette, 7034 Cedar
Richfield Family Steak,• 6519 Nicollet
Snyder•'s, 2930 W. 66th
Fred Babcock VFW
Kenny's Market, 6708 Penn, 7138 Chicago, 1430 E. 66th
Frenchman's, 1400 E. 66th
Shangri-la Sauna, 2401 W. 66th
PDQ Stores, 7701 Portland, 813 E. 66th
Luxury Lanes, 7711 14th
" Lariet Lanes, 6320 Penn
Belt Line Bar, 1918 W. 78th
Western Store, 7700 Lyndale
Kenny's Restaurant, 6700 Penn
Union 76, 601 E. 66th
3 pool tables, 1
music box --
2 amusement machines
1 amusement machine
2 amusement machin
New and used motor
vehicle
Off-sale beer
Off-sale beer
Off-sale beer
Off-sale beer
Off-sale beer
Off-sale beer _
Club
Off-sale beer
On/off-sale beer
Sauna
Off-sale beer,
amusement device
On/off-sale beer,bowlin~.
dlleys, 8 amusement
devices, 1 music box
On/off-sale beer,bowlin~
alley, amusement devn.~ce
On/off-sale beer, music
box., amusement device
Off-sale beer
Restaurant, on-sale bee
Off-sale beer
n
Council Meeting Minutes -13- February 8, 1982
F. P~ments and Estimates
CP 767, Public Safety Addition, Estimate No. 5 - Rutledge Construction Co. -
$189,391.05
CP 743, Repair wood laminated beam, final, Osmose Wood Preserving - $2,664.19
CP 754, City Hall roofing, Estimate No. 1, Rutledge Construction Co. -.$43,432.10
All ayes - Carried. ,
18. Claims and Payrolls
Motion by Hassenstab, seconded by Bunce that the following claims and payrolls
•~.
be approved; ~ •
RICHFIELD BANK & TRUST
Checks 78188/78502 Payroll $ 205,665.67
Checks 2591/56473 General 1,128,082.04 _
SUMMIT STATE BANK °-
Checks 64235/6621 $3,313,960.12
All ayes - Carried.
19 . Ad j•,ournment
Motion by Hamilton,.seconded by Ludeman that the~meet ng ad~ r .
All ayes - Carried. Time. 9.46. p.m. ~~
Februar 22 1982 ~~/',~~f "v`•'
Date Approved: w__ Y__~_____ _ _~,~'~ _____
/Joh~,l on Mayor
~~ ~~-~_ ~
Joyc L. Wilde Acting City Clerk Karl Nollenberger City Manager