07-26-1982CITY OF RICHFIELD
REGULAR CITY COUNCIL MEETING
July 26, 1982
The city council of the City of Richfield met in regular session in the
council chambers of the city hall on Monday, July 26, 1982 at 7:00 p.m.
Mayor Hamilton called the meeting to order at 7:03 p.m.
Richfield Girl Scout Troop ~~69 presented the colors and the audience and
council participated in the Pledge of Allegiance.
Present: Bunce, Hassenstab, Kirsch, Ludeman, Hamilton
1. Approval of Minutes of Re ularly Scheduled Meeting of Jul 12, 1982
Motion by Bunce, seconded by Kirsch to approve the minutes of the July 12,
1982 city council meeting.
All ayes - Carried.
2. Presentation of Life Savin Honor to Girl Scout
Mayor Hamilton presented a life saving honor award to seven-year old
Michelle Morrissette, who made necessary telephone calls when her father was
taken ill. Representatives from the Girl Scout Council were present for the
recognition.
3. Presentation to Miss Richfield Participants
Mayor Hamilton presented Debbie Klopp, Miss Richfield, with an award in
appreciation of her participation in the recent Fourth of July Celebration.
Councilmember Bunce praised members of the Fourth of July Celebrattion
Committee for their endeavors and introduced those in the audience.
4. Opportunity for Citizens to Address the Cit Council
Gordon McKinnon, 7308 Upton Avenue, spoke, advocating stricter animal
ordinances, in that geese and aniunals are damaging Adams Hill Park. He also
said sign ordinances should be strengthened to eliminate the profusion of
garage sale and political signs.
City Council Meeting Minutes °2- duly 26, 1982
5. Council Approval of Agenda
Motion by Hassenstab, seconded by Ludeman to approve the agenda.
All ayes - Carried.
6. Ordinance Amendment Amending Section S.Oi - 5.20 of the Cit Charter Relating
to Initiative and Referendum, and Including Recall. Second Reading.
City Manager Nollenberger reviewed the ordinance amendment relating to
Initiative, Referendum and Recall, Chapter 5 of the City Charter. He said that
unanimous approval by the council is required for passage of this ordinance.
Motion by Hassenstab, seconded by Kirsch to close the hearing.
All ayes - Carried.
Bill 1982-20, Transitory Ordinance No. 17.00, Charter Amendment Ordinance
No. 14, "Charter Amendment Ordinance Relating to Recall of Elected Public Officers
of the City, Amending Chapter 5 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-138)
Motion by Hassenstab, seconded by Ludeman that this constitute a second
reading of Bill 1982-20; 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.
7. Ordinance Amendment Amending Section 2.07 of the City Charter Relatin
to Council Salaries. Second Reading.
City Manager Nollenberger presented an ordinance amendment amending Section
2.07 of the City Charter relating to council salaries for city council second
reading consideration. He recommended approval of this amendment which will
bring the City Charter in compliance with existing state law.
Motion by Hassenstab, seconded by Kirsch to close the hearing.
All ayes - Carried.
City Council Meeting Minutes -3- July 26, 1982
Bill 1982-19, Transitory Ordinance No. 16.99, Charter Amendment Ordinance
No. 13, "An Ordinance Amending the City Charter of the City of Richfield",
relating to Section 2.07, was read and reviewed by City Attorney Clayton LeFevere,
the same being on file in the office of the city clerk. (C-137)
Motion by Hassenstab, seconded by Bunce that this constitute a second
reading of Bill 1982-19; that it be published in the official newspaper and that
it be made a part of these minutes.
Poll 05 votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Hamilton. Nays - None.
Carried.
8. Transitory Ordinance Vacating Alley in Block 6, Lyndale Oaks Addition.,
Second Reading; Approval of Off-Street Parking Permit and Landscape Plan
City Manager Nollenberger presented a transitory ordinance providing for
vacation of the alley in Block 6, Lyndale Oaks Addition, as explained in Council
Letter No. 240. This vacation was requested by Mr. Mark Ahlquist who has also
requested approval of an off-street parking permit to allow him to construct
improvements to the existing parking areas on the site.. Mr. Ahlquist was
present in the audience.
Mr. Ernest Malone, 515 W. 64th Street, asked what type of buffers were
being anticipated and that he wished assurance that he will have adequate access
to get out of his alley.
Motion by Ludeman, seconded by Hassenstab to close the hearing.
All ayes - Carried.
Bill 1982-26, Transitory Ordinance No. 17.01, "A Transitory Ordinance
Providing for the Vacation of the Alley on Block 6, Lyndale Oaks", was read
and reviewed by City Attorney Clayton LeFevere, the same being on file in
the office of the city clerk. (C-146)
City Council Meeting Minutes -4- July 26, 1982
Motion by Ludeman, seconded by Hassenstab that this constitute a second
reading of Bill 1982-26; 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 Hassenstab, seconded by Kirsch that the following resolution
v
be adopted; that it be spread in the resolution book and that it be made a part
of these minutes:
RESOLUTION N0. 6630
RESOLUTION APPROVING IAYOUT AND CONTRACT FOR
OFF-STREET PARKING IN ACCORDANCE WITH APPLICATION
NO. 82-2, CONTRACT N0. 2342
Mark Ahlquist
6449 Lyndale Avenue
Location: 6439-61 Lyndale
Use: Parking Area
Poll of votes: Ayes - Bunce, Hassenstab, Rirsch, Ludeman, Hamilton. Nays - None.
Carried. This resolution appears as Resolution No. 6630 in Resolution Book No. 48.
9. Ordinance Rezoning Property to MR-1 Multiple Residence. Second Reading.
Community Development Director Dennis Kraft presented an ordinance providing
for rezoning of various properties to MR-1, Multiple Residence. He said the
planning commission did not wish to perpetuate nonconforming uses.
Lawrence Wozniczka, 6744 Wentworth, asked if a number of prior requests
had not been zoned MR prior to this rezoning. Mr. Kraft replied that this was so.
Motion by Hassenstab, seconded by Ludeman to close the hearing.
All ayes - Carried.
Bi11 1982-25, "Amendment to Appendix C of the Ordinance Code of the City
of Richfield, Minnesota", defining the boundaries of the various zoning districts
of the city enumerated in Chapter III, Part IV, Section 3.28, Subd. 2., was read
City Council Meeting Minutes -5- July 26, 1982
and reviewed by City Attorney Clayton LaFevere, the same being on file in the
office of the city clerk. (C145)
Motion by Ludeman, seconded by Hassenstab that this constitute a second
reading of Bill 1982-25; 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. Transitory Ordinance Appropriatine Monies from the Special Revenue Fund
to the Public Safety Building Protect. Second Reading.
City Manager Nollenberger presented a transitory ordinance providing for
the transfer of monies from the Special Revenue Fund to the Public Safety building
project for city council second reading consideration.
Lawrence Wozniczka, 6744 Wentworth, asked for details of the landscaping
plan; that he thought the cost was excessive and that the sad near the entry
' is dying.
Community Services Director Fondrick detailed the type of shrubs and
the new wood perimeter that will be installed and said the sod will be replaced
as it is under contract.
Motion by Ludeman, seconded by Hassenstab- to close the hearing.
All ayes - Carried.
Bi11 1982-24, Transitory Ordinance No. 17.01, "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-147)
Motion by Ludeman, seconded by Kirsch that this constitute a second reading
of Bi11 1982-24; that it be published in the official newspaper and that it be
made a part of these minutes.
City Council Meeting Minutes -6- July 26, 1982
Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Hamilton. Nays -
None. Carried.
11. Ordinance Amendment Relating to-the Sale of Drug Paraphernalia. Second Reading.
City Manager Nollenberger presented an ordinance prohibiting the sale of
drug paraphernalia in the City of Richfield for city council second reading
consideration.
Motion by Hassenstab, seconded by Bunce to close the hearing.
All ayes - Carried.
Bill 1982-23, "Amendment to Chapter R, Part III of the Ordinance Code
of the City of Richfield'°, prohibiting certain types of conduct as misdemeanors,
was read and reviewed by City Attorney Clayton LeFevere, the same being on file
in the office of the city clerk. (C-142)
Motion by Kirsch, seconded by Hassenstab that this constitute a second
reading of Bill 19$2-23; 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.
12. Ordinance Amendment Relating to "Snowbirds"
Director of Community Services Fondrick, presented an ordinance amendment
relating to the problem of people leaving parked cars on the streets, "snowbirds",
for city council first reading consideration. This ordinance amendment would
prohibit parking on public streets after a three-inch snowfall, until after the
streets are cleared. He said that if the ordinance is approved at this time it
would become effective prior to the 1982/1983 winter season and allow sufficient
time to inform the public of the new regulations.
Motion by Hassenstab, seconded by Kirsch to close the hearing.
City Council Meeting Minutes -7-
All ayes - Carried.
July 26, 1982
Bill 1982-27, "Amendment to Chapter IX, Section 9.02 and 9.03 of the Ordinance
Code of the City of Richfield", relating to the parking and stopping of vehicles
on the public street, 'was read and reviewed by -City Attorney Clayton LeFevere,
the same being on file in the office of the city clerk. (C-148)
Motion by Hassenstab, seconded by Kirsch that this constitute a first
reading of Bill 1982-27; that it be published in the official newspaper and that
second reading of this ordinance amendment be scheduled for August 9, 1982.
Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Hamilton. Nays -
None. Carried.
13. Resolution Ordering aignal Improvements at 76th Street and Lyndale Avenue
City Manager Nollenberger reviewed recent meetings that have been held
with business people from the 76th Street and Lyndale area in an effort to
resolve traffic problems its the 76th Street and Lyndale business area. The
following recommendations were made by committee and staff:
1. On-street parking should be prohibited on Lyndale Avenue between
74th and 76th Streets.
2. A new signal should be constructed at the intersection of 76th
and Lyndale. This signal should be provided with mast arms to
assure that the signal heads hang above the flow of traffic in
a more highly visible location.
3. A11 parking should be eliminated within the 50-foot sight triangle
at~all four corners of the intersection, to allow for better visibility.
Motion by Ludeman, seconded by Kirsch that the following resolution be adapted;
that it be spread in the resolution book and that it be made a part of these
minutes:
RESOLUTION N0. 6631
RESOLUTION ORDERING SIGNAL IMPROVEMENTS AT
76TH STREET AND LYNDALE AVENUE AND
PREPRATION OF PLANS - CP 773
City Council Meeting Minutes -8- July 26, 1982
Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Hamilton. Nays~-
None. Carried.
14. Report on Residential Problems Vicinit of 68th and Cedar Avenue
Tom Morgan, Public Safety Director, gave the background on the Public Safety
Department's efforts to correct the situation at 6844 and 6900 Cedar Avenue. He
said the conditions are offensive to neighbors. Young men have been careless and
unruly and have not properly maintained the rental property. Mr. Morgan provided
the names of the property owners so the council can write them if they chose.
Charles Herzog, 6845 18th Avenue, cited specific ordinance violations
that have taken place.
Ed Thom, 6838 18th Avenue, asked how many unrelated individuals can live
in one dwelling. The city attorney replied that the ordinance states three,
however, complaints from neighbors would not constitutue hard evidence toward
a search.
Fred Kritzman, 6901 18th Avenue, said he had to erect a fence to keep
debris out of his yard. Alice Kritzman said there have been as many as 27
cars at one time at the houses.
Mayor Hamilton pledged the support of the city staff, especially the Public
Safety Department, in solving this problem.
15. Commission Ap ointments
Mayor Hamilton advised that the city council had interviewed all the
candidates for commission appointments prior to the meeting this evening. The
following appointments were made:
Planning Commission
Motion by Bunce, seconded by Hassenstab to appoint Charles Kauth, 7321 Morgan,
to fill an unexpired term which will expire January, 19$3.
All ayes - Carried.
City Council Meeting Minutes -9- July 26, 1982
Motion by Ludeman, seconded by Hassenstab to appoint Barbara Kritzman,
6408 Pillsbury Avenue, to fill an unexpired three-year term which will expire
in January, 1983.
All ayes - Carried.
Energy Commission
Motion by Ludeman, seconded by Bunce to appoint Chrysanne Gross, 6609
Humboldt, and Dorothy Hines, 6809 Lyndale, to serve terms expiring July, 1985.
A11 ayes - Carrieda
Senior Citizen/Handicapped Commission
Motion by Ludeman, seconded by Kirsch to appoint Carolyn Dobis, 2916
71 1/2 Street W., to fill an unexpired three-year term which will expire February,
1984.
All ayes - Carried. _
16. Request for Fee Waived License for Residential Kennel
City Manager Nollenberger reviewed the ordinance guidelines that provide
for fee waived licenses, as explained in Council Letter No. 238. He indicated
that no provision is made for a fee waived residential kennel license because
of the potential nuisance of such kennels.
Mr. Richard Burris, 7325 Fremont, who has requested a waiver of the fee,
said his owning of four cats does not constitute a kennel and that the increased
fee is discriminatory and excessive. He read a letter from his neighbor, Albert
and Marjorie Fournier, 7329 Fremont, saying he keeps his cats confined to the
house.
The city attorney reviewed the history of the animal license and said
there was no indication on the application that Mr. Burris had a commercial
kennel.
Motion by Bunce, seconded by Hassenstab to direct the staff to review
the fee structure on cat and dog kennel licensing.
City Council Meeting Minutes -10- .duly 26, 1982
All ayes - Carried.
17. Mayor-Council Discussion Items
Councilmember Kirsch asked if the Laird house at 69th and Oliver was still
standing. T'he city attorney advised it is still standing and that the city should
not destroy the house without a court order.
Mayor Hamilton raised four items -
1. How soon can campaign signs be erected; this to be considered on the
neact agenda.
2. Beginning in October, the mayor will set a time every other Tuesday
when he will be available to meet with the public.
3. The mayor will be sending a welcome letter to new residents in the
community,
4. The mayor will be inviting four high school students to lunch every
other month.
18. Consent Calendar
Motion by Ludeman, seconded by Hassenstab that the following items be
approved:
A. Approval of Plans and Specifications and Authorization to Submit Application
for CP 774 - 67th Street and Lyndale Avenue Traffic Signal
RESOLUTION N0. 6632
RESOLUTION ORDERING CP 774
67TH STREET AND LYNDALE AVENUE TRAFFIC SIGNAL
AND PREPARATION OF PLANS
RESOLUTION N0. 6633
RESOLUTION APPROVING PLANS AND SPECIFICATIONS
FOR CP 774
67TH STREET AND LYNDALE AVENUE TRAFFIC SIGNAL
B. Approval of Minutea, Bids for Front End Loader
Award contract to Olson Equipment Co. in the amount of $22,000 for a used,
gas powered Waldon 5000 four wheel type mechanical front end loader; and authorize
purchase of cab in the amount of $3,400.
City Council Meeting Minutes -11- July 26, 1982
C. Purchase in Excess of $2,500
Traffic Marking Taae
Authorize purchase of 48 rolls of 3-M traffic marking tape for a total
purchase price of $3,945.60 from Safety and Security Systems.
D. Payments and Estimates
Batzli Electric, CP 757, Estimate ~~3, lighting and signals 67th
Lakeshore to 74th Lyndale - $53,902.74
Arcon Construction, CP 775, 1982 alley improvements, Estimate ~~l -
$I27,I38.67
Aqua Engineering, CP 7054, L/H/N Irrigation, Estimate ~~1, $85,761.01
Natural Green, Inc., CP 760, Monroe-Fairwood site construction,
Estimate ~~5, $10,080.00
All ayes - Carried.
19. Claims and Payrolls
Motion by Ludeman, seconded by Bunce, that the following claims and payrolls
be approved;
RICHFIELD BANK & TRUST
Checks 2974/59016 General $1,484,320.ZZ
Checks 82207/82613 Payroll 226,265.03
SUMMIT STATE BANK
Checks 64583/64623 $4,558,091.09
All ayes.- Carried.
20. Adjournment
Motion by Hassenstab, seconded by Kirsch that the meeting adjourn.
All ayes - Carried.
City Council Meeting Minutes -12-
Date Approved: August 9, 1982
Syl K. Berg City C1
July 26, 1982
~Jgnn t1am7.ltgt~/" Mayor
T~en.~ /~15~
Karl Nollenberge City Manager