11-08-1982CITY OF RICHFIELD
REGULAR CITY COUNCIL MEETING
November 8, 1982
The city council of the City of Richfield met in regular session in the
council chambers of the city hall on Monday, November 8, 1982 at 7:00 p.m.
Mayor Hamilton called the meeting to order.
Present: Bunce, Hassenstab, Kirsch, Ludeman, Hamilton
The Pledge of Allegiance was led by Boy Scout Troop 443..
Rev. Gordon Dahl, pastor of House of Prayer Church, provided the invocation.
1. Approval of Minutes
Motion by Hassenstab, seconded by Ludeman that the minutes of the special
council meeting of October 18, and the minutes of the October 25, 1982 regular
council meeting be approved as submitted.
All ayes - Carried.
2. Proclamation Desi~n~ng Jaycee "TOYM '83 Weekend"
Mayor Hamilton read a proclamation designating February 4, 5 and 6, 1983
as TOYM '83 Weekend, at which time the Richfield Jaycees will sponsor TOYM and
select Ten Outstanding Young Minnesotans.
Motion by Hassenstab, seconded by Ludeman to approve the designation of
TOYM Weekend in Richfield and authorize purchasing a $200 page in the convention
booklet.
All ayes a Carried.
3. Council Approval of Agenda
Councilmember Kirsch added a discussion item on the conduct of the recent
election.
Councilmember Bunce removed 16C, "Application for Nonintoxicating Malt Liquor
Licenses, Check E. Cheese, 2000 W. 66th Street", from the consent calendar.
Motion by Hassenstab, seconded by Ludeman to approve the agenda as amended.
All ayes - Carried.
Council Meeting Minutes
- 2-
4. Amendment to Nuisance Abatement Ordinance, Second Reading
November 8; 1982
City Manager Nollenber presented an ordinance amendment relating to nuisance
abatement for city council second reading consideration. This amendment will allow
the city to recover the full cost for nuisance abatement proceedings,
Motion by Bunce9 seconded by Hassenstab to close the hearing.
All ayes - Carried.
Bill 192-40, "An Amendment to Chapter ~, Part II, Section 10.(~ of the
Ordinance Code of the City of Richfield'°, was read and geviewed by Sohn Dean,
Assistant City Attorney, the same being on file in the office of the city clerk.
(C®164)
Motion by Ludeman, seconded by Kirsch that this constitute a second reading
of Bill 1982-409 that it be published in the official newspaper and that it be
made a part of these miautese
Poll of votes: Ayes Bunce, Hassenstab, Kirsch, Ludeman, Hamilton.. Nays - Noneo
Carried.
5. Ordinance Amendment to Require Conformance With the Citv's
City Manager Nollenberger presented an ordinance amendment relating to
conformance with the city's comprehensive plan for second .reading consideration.
This amendment will provide for building permit applications being reviewed
for conformance with the city's comprehensive plan and redevelopment plan.
Motion by Bunce, seconded by Hassenstab to close the hearing.
All ayes m Carried.
Bill 1982-36, "An Amendment to Chapter III of the Ordinance Code of the
City of Richfield", relating to building, health, zoning and land use regulations,
was read and reviewed by Assistant City Attorney John Dean, the same being on
file in the office of the city clerk. (C-160)
Council Meeting Minutes -3- November 8, 1982
Motion by Bunce, seconded by Hassenstab that this constitute a second reading
of Bill 1982-36; 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.
6. Transitory Ordinance Appropriating Funds from the Special Revenue Fund,
Second Reading
City Manager Nollenberger presented a Transitory Ordinance providing for the
appropriation of funds from the Special Revenue Fund for a market study of the
Cedar Avenue Liquor Store site to be conducted by McComb & Associates of Minneapolis,
for second reading consideration.
Motion by Bunce, seconded by Ludeman to close the hearing.
All ayes - Carried.
Bill 1982-35, Transitory. Ordinance No. 17.03, "An Ordinance Providing for
the Expenditure of Money from the Special Revenue Fund for Certain Capital
Improvements ", was read and reviewed by Assistant City Attorney John Dean, the
same being on file in the office of the city clerk. (C-159)
Motion by Hassenstab, seconded by Ludeman that this constitute a second
reading of Bill 1982-359 that it be gublished 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.
7. Resolution Establishing Fees and Ordinance Amendment Reiatin~ to the Sale
of Alcoholic Beverages by Veterans' Service Organizations, Second Reading
City Manager Nollenberger presented an ordinance amendment relating to the
sale of alcoholic beverages by veterans' service organizations for. second reading
consideration. This amendment will bring our ordinance code into conformance
with legislation passed during the 1980 legislature session.
Council Meeting Minutes -4-
Motion by Hassenstab, seconded by Kirsch to close the hearing.
All ayes - Carried.
Bi11 1982-34, "An Amendment to Chapter XI of the Ordinance Code of the City
o£ Richfield", relating to the regulation of alcoholic beverages, was read and
reviewed by Assistant City Attorney John Dean, the same being on file in the office
of the city clerk, (C-158)
Motion by Hassenstab,- seconded by Ludeman that this constitute a second
reading of BiII 1982-~34; 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 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. 6684
RESOLUTION AMEATDING RESOLUTION
N0. 6537 RELATING TO LIQUOR
LICENSE FEES
Poll of votesa Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Hamilton. Nays - None.
Carried. This resolution appeaxs as Resolution No. 6684 in Resolution Book No. 49.
8.
the
November 8, 1982
to
City Manager Nollenberger presented a transitory ordinance providing for the
sale of three triangles of property to Lyndale Garden G.enter for city council
second reading consideration.
Motion by Ludeman, seconded by Kirsch to close the hearing.
All ayes - Carried.
Bill 1982-39, Transitory Ordinance 17.04, "A Transitory Ordinance Providing
1
for the Disposition of Certain Real Property of the City", was read and reviewed
,.::t.
Council Meeting Minut~~~~- -5- November 8, 1982
by Assistant City Attorney-John Dean, the same being on file in office of
the city clerk. (C-164)
Motion by Ludeman, seconded by Hassenstab that this constitute a second
reading of Bill 1982 39s; 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.
9. Ox
tablish MR-2
t
City Manager Nollenberger presented an ordinance amendment which will
establish new MR-2 Multiple Residence zoning district boundaries for city council
second reading consideration. The new residential zoning code contains three
multiple residence zoning districts; MR-1 for two family dwellings, MK-2 for three
to 17 dwelling-units and MR-3 for units of 18 or more.
Motion by Hassenstab, seconded by Kirsch to close the hearing.
All ayes - Carried.
Bill 1982m38, "An Amendment to Appendix C of the Ordinance Code of the City
of Richfield, Minnesota", defining the boundaries of the various zoning districts,
was read and reviewed by John Dean, Assistant City Attorney, the same being on
file in the office of the city clerk. (C-162)
Motion by Hassenstab, seconded by Bunce that this constitute a second reading
of Bill 1982-38; 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, Ludem~n, Hamilton. Nays - None.
Carried.
Council Meeting Minutes -6- November 8, 1982-
10. Public Hearing to Request City of Richfield to Issue Industrial Develot~ment
Revenue Bonds to Locate a Minnesota Mini-Storage iI - 78th and Pillsbury
Avenue
City Manager Nollenberger introduced the quest of Minnesota Mini-Storage II
that the city issue Industrial Development Revenue Bonds to finance construction
of their proposed self-storage facility on the northwest corner of 78th Street
and Pillsbury Avenue, as described in Council Letter No. 336.
Mr. Bruce Hubbard, of Minnesota Mini-Storage, appeared in support of his
request and respanded to council members' questions.
Motion by Hassenstab, seconded by Ludeman to close the hearing.
All ayes - Carried.
Motion by Bunce, 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 minutese
RESOLUTION NO. 6685
RE50LUT~ON GIVING PRELIMINARY APPROVAL TO
A PROJECT UNDER THE MUNICIPAL INDUSTRIAL
DEVELOPMENT ACTa REFERRING THE PROPOSAL
TO THE DEPARTMENT OF ENERGY, PLANNING AND
DEVELOPMENT FOR APPROVALe AND AUTHORIZING
EKECUTION OF A MEMORANDUM OF AGRE~NT AND
PREPARATION OF NECESSARY DOCUMEN`T'S
Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman. Nays - Hamilton. Carried.
This resolution appears as Resolution No. 6685 in Resolution Book No. 49.
11. Ordinance Amendment to Cable Television Franchise
City. Manager Nollenberger presented an administrative variance ordinance for
city council first reading consideration. This amendment will provide flexibility
in the administration and enforcement of the franchise without entailing costly
delays, as explained in Council Letter No. 337.
The city manager also presented a resolution which will delegate its
authority to hear variance requests to the Southwest Suburban Cable Commission
Council Meeting Minutes -7- November 8, 1982
when the proposed variance affects two or more member cities.
Bi1I 1982-41, "An Ordinance to Amend the Cable Television Franchise Ordinance
Providing for Administrative Variance in Certain Instances and Describing Findings
Required; Adding New Article KV to Ordinance. No. 1980-33", was read and reviewed
by John Dean, Assistant City Attorney, the same being on file in the office of
the city clerk. (C-165)
Motion by Kirsch, seconded by Bunce that this constitute a.first reading of
Bi11 1982-41; that it be published in the official newspaper and that second
reading of this ordinance amendment be scheduled for November 22, 1982.
Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Hamilton. Nays - None.
Carried.
12. Ordinance Amendment Relating to Regulation of Billboards, First Reading
City Manager Nollenberger presented an ordinance amendment relating to the
-- regulation of~signs along the freeways for city council first reading consideration.
This amendment relates to both traffic safety and aesthetics.
Motion by Hassenstab, seconded by Kirsch to .close-the hearing.
All ayes - Carried.
Bill 1982-42, "An Amendment to Chapter III, Part V, Section 3.49 of the
Ordinance Code of the City of Richfield", was read and reviewed by Assistant City
Attorney John Dean, the same being on file in the office of the city clerk. (C-166)
Motion by Hassenstab, seconded. by Kirsch that this constitute a first reading
of Bi11 1982-42; that it be published in the official newspaper and that second
reading. of this amendment be scheduled for November 22, 1982.
Poll of votes: Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Hamilton. Nays - None.
Carried.
13. Ordinance Amendment Relating to the Use of .Political S uns ~ Second Reading
City Manager Nollenberger reviewed an ordinance amendment relating to the use
s
Council Meeting Minutes ~ -8~ November 8, 1982
of political election signs. This ordinance amendment has been revised by the city
attorney to address the concerns of the council. The city manager read the following
three provisions of the ordinance amendment:
1. No sign may exceed 11 square feet in area on one side. The
aggregate area of one side of all of the signs placed on any
parcel of land may not exceed 33 square feet,
2. No sign may be placed more than six weeks before the date of
the election to which the sign relates. A sign which, when.
placed, relates to a primary election, may be retained in
place after the primary election if it relates to the next
ensuing general election,
3. All signs must be removed from display no later than six days
following the election.
The council discussed the amendment at length.
Motion by Bunce, seconded by Ludeman to change "six weeks" in Paragraph 2
to "five weeks".
Motion by Hassenstab, seconded by Hamilton to amend the motion to read
as followse
"(2) No sign may be placed more than four weeks (28 days) before the
date of the election to which the sign relates. If the sign relates'
to an office which is the subiect of a primary election, it shall not
be placed before four weeks prior to such primary election. A sign,
which, when placed, relates to an office which is the subsect of a
primary election, may be retained in place after the primary election
if it relates to the next ensuing general election."
Poll of votest Ayes m Hass.enstab, Hamilton, Kirsch. Nays o Bunce, Ludeman.
Carried.
Motion by Hassenstab, seconded by Kirsch to amend Paragraph 3 to state
"four" days instead of "six" days, for removal of signs after election.
All ayes m Carried.
Bill 1982-29, "An Amendment to Chapter ITI, Part V, Section 3.47 of the
Ordinance Code of the City of Richfield", relating to regulating the use of signs
Council Meeting Minutes -9- November 8, 1982
and billboards, was read and reviewed by Assistant City Attorney John Dean, the
same being on file in the office of the city clerk. (C-150)
Motion by Ludeman, seconded by Bunce that this constitute a second reading
of Bi11 1982-29, as amended; that it be published in the official newspaper and
that it be made a part of these minutes.
Poll of votese Ayes - Bunce, Hassenstab, Kirsch, Ludeman, Hamilton. Nays - None.
Carried..
i~. Appointmemt to Housing and Redevelopment Authority
Mayor Hamilton commended Thomas Harms for his fine work on the HI2A during
the past two years. He presented his name to the council for confirmation for
a full five year term.
Motion by Ludeman, seconded by Hassenstab to appoint Mr. Harms to serve
a five year term as HRA Commissioner, to expire October 29, 1987.
All ayes - Carried.
15. Apnlication for
City Manager Nollenberger reviewed the application for a nonintoxicating
malt liquor license of Minnesota Animated Restaurants., the franchise holder
for Chuck E. Cheese`s Pizza Time Theatres in the state of Minnesota, who have
received a special use permit to install such a restaurant in the Southdale
Square Shopping Center. He indicated the police background investigation had
determined that these restaurants present a wholesome atmosphere for the family
clientele.
Mr. Marc Teren appeared in support of his organization's request.
Motion by Ludeman, seconded by Hassenstab to approve the nonintoxicating
malt liquor, food and general amusement device licenses.
All ayes - Carried.
Council Meeting Minutes ~10- November 8, 1982
16. Election Discussion
Councilmember Tiirsch made several remarks about the conduct of the recent
election and Administrative Services Director Joyce Wilde responded to the council's
concerns.
16. Consent Calendar
Motion by Bunce, seconded by Hassenstab that the following items be
approved;
Ao
RESOLUTION N0. 6687
RESOLUTION ORDERING PREPARATION OF
PRELIMINARY REPORT FOR C.P. 780
RECONSTRUCTION OF 66TH STREET AND
PENN AVENUE INTERSECTION
ion
B. Resolution Setting Date of Hearing for Housing Plan
RESOLUTION N0. 6688
RESOLUTION CALLING A PUBLIC
HEARING ON THE ADOPTION OF A
HOUSING PLAN FOR THE CITY
(December 13, 1982)
C. Resolution Certi~ing Election Results
RESOLUTION N0. 6689
RESflZUTION DETERMINING RESTTLTS OF STATEWIDE PRIMARY ELECTION
IN THE CITY OF RICkIFIELD, HELD ON TUESDAY, NOVEMBER 2, 1982
D. Setting Date of Hearing for Renewa_1_of On-Sale Linuor Licenses
Set the date for hearing on applications-for renewal of on-sale liquor
licenses for the Ground Round Restaurant, Vino's Godfather, Inc., and the.
Consol Corporation, dba Maximillian's and ChiChi's for December 13, 1982.
E. Purchases in Excess of $2,500
Street Light Fixtures
Authorize purchase of replacement light fixtures in the L/H/N area from
Graybar Electric for a total purchase price of $5,272.
Council Meeting Minutes
-11-
November 8, 1982
Liquid Hydrofluorisilic Acid
Approve master purchase order for hydrofluorisilic acid (HFS) from Hawkins
Chemical Company in the amount of $3,204.
F. Payments and Estimates
Estimate ~'~1 - CP 744 Traffic Signal, 67th and Lyndale, Hoffman Electric -
$22,990
All ayes - Carried.
17. Claims and Payrolls
._.,i.,....r,.
Motion by Hassenst~b, seco nded by Bunce that the following claims and
payrolls be approved;
RICHFIELD BANK & TRUST
Checks 3227/60775 General $516,537.21
Checks 86030/86372 Fayroll 208,523.03
SUMMIT STATE BANK
Checks 64815/64844 806,519,90
All ayes - Carried.
18. Ad3aurnment
Motion by Bunce, seconded by Hassenstab that the meeting adjourn.
AlI ayes - Carried. Time: 9:05 p. m. ~~ ~~
Date Approveii; November 22, 1982
Sy a K. Ber City Clerk
ohn
Mayor
Karl Nollenberger City Manager