03-12-1984czTY of RzcxFZELD
REGULAR coUD1CZL MEETING
March 12, 1984
The city council of the City of Richfield met in regular session in the
council chambers of the city hall on Monday, March 12, 1984 at 7:00 p.m.
The meeting was celled to order by Mayor John Hamilton.
Present: Bence, Kirsch, Ludeman, Priebe and Hamilton.
Richfield Camp Fire girls presented the colors. The participants were
presented flag booklets and certificates commemorating their appearance at the
council meeting.
The Camp Fire members presented council members individual birthday
cakes in recognition of the organization's seventh-fifth birthday.
1. Approval of Minutes
Motion by Ludeman, seconded by Kirsch to approve the minutes of the
regular meeting of February 27, 1984 and the meeting of the joint Richfield/
Bloomington Watershed Management Organization of February 13, 1984•
All ayes - Carried.
2. Presentation of Certificates of Appreciation to Outgoing Advisory
Commission Members
Mayor Hamilton and Council Member Ludeman presented paperweights and
and plaques to outgoing advisory commission members. Those present to
receive recognition were Stu Swanson and David Johnson of the Advisory Board
of Health, John Ashland of the Community Services Commission, Gordon
M~{innon of the Energy Awareness Commission, Geraldine Schaefbauer of
the Senior Citizens/Handicapped Commission and Robert Houlton of the Human
Rights Commission. Not present, but also recognized were Robert Stai, Community
Services Commission, Theodore Bergman, Janet Erickson, Jim Wilcox and David
Wold, Energy Awareness Commission, and Marie Richardson of the Senior/Citi.zens
/Handicapped Commission.
City Council Minutes -2- March 12, 1984
3. Opportunity for Citizens to Address the City Council
Myron Gunderson, 6601 Knox Avenue, a contractor, addressed the council
regarding two recent inquiries he has made to the city regarding buildable
lots. He believes more platted lots of record should be considered buildable
without need for a variance for lot size. Mr. Dennis Kraft, Community
Development Director, indicated every lot of record is not automatically
considered buildable. Mr. Gunderson also expressed his objection to the
$250 variance charge.
4• Council Approval of Agenda
Council Member Ludeman requested the addition of a discussion item re-
lative to the National League of Cities meeting.
Motion by Ludeman, second by Bunce to approve the agenda with the
addition .requested by Mr. Ludeman.
All-ayes - Carried.
5. Presentation of "Gene Jacobsen Citizen of the Year Award'"
Diane Healey, chairperson of the Richfield Human Rights Commission,
presented the "Gene Jacobsen Citizen of the Year" award to Mr. Norris Olson,
6904 Logan Avenue, a twenty-five year resident. Mr. Olson was employed by the
Richfield School System and has been actively involved in developing the
H.O.M.E. program, A short reception was held after the presentation.
6. Request for Special Use Permit to Allow Expansion of Burger King
Restaurant, 28 West th Street and to Use Parking Lot of Adjacent
City Council Letter No. 89 set forth the request of Burger King for a
special use permit to expand their facility by adding on a solarium which, in
turn, will increase their seating capacity to 85 seats. Community Development
Director Kraft presented Burger King's proposal to utilize the parking area of
City Council Minutes -3- ~ March 12, 1984
Vincent Court Apartments abutting Burger King during peak hours. He said the
applicant proposes to use this parking area during the peak hours of 11:00 a.tn.
to 2:00 p.m., Monday through Fridays. Mr. Kraft reviewed the stipulations
recommended by the planning commission and recommended adoption of option'#3
as recommended by the city staff and explained in Council Letter No. 89•
Motion by Bunce, seconded by Kirsch to close the hearing.
All ayes - Carried.
Jim Nunn., 6320 18th Avenue, construction manager-for Metrv Burger King,
addressed parking capacity concerns expressed by Council Member Ludeman. Mr.
Nunn said interior service will also be made more efficient to move customers
through the restaurant faster.
Motion by Bunce, seconded by xirsch to approve the special use permit sub-
ject to the following stipulations:
1. Approval of the curb cuts and gate installations to accom-
- - modate overflow parking as proposed. Approval of the
solar~.um addition since even with the loss of 5 stalls to
the 66th Street project there will be 32 on site parking
spaces. Since 29 stalls are required for a seating capacity
of 85, adequate parking space exists on site..
2. The city ~ given the right to amend the special use permit
with regards to the parking upon 30 days written notice to
the Vincent Court landowner and Burger King Corporation.
3. Vehicular traffic may access overflow parking between 11:00
and 2:00 p.m., Monday - Friday. The gate shall remain closed
and locked on weekends and federal holidays.
4. Burger King shall, on a daily basis, pick up customer refuse
resulting from the shared use of the Vincent Court parking lot.
5. A pedestrian gate, or similar device, shall be installed which
will allow customers to return to their vehicle in the case that
they were in the restaurant at 2:00 p.m. when the vehicular
' access gates were locked.
Poll of votes: Ayes - Bunce, Kirsch, Priebe and Hamilton. Nays - Ludeman.
Carried.
City Council Minutes -4- March 12, 1984
Council Member Ludeman recommended a study be made of the impact of drive-
through features at fast food restaurants relating to number of persons in each
vehicle. He said parking requirements now remain contingent upon number of
seats or seating capacity in the restaurant, and perhaps the ordinance does not
require adequate parking.
7. -Municipal Amendment to Chapter IX, Section 11.01, Creating and
Municipal Liquor Stores. Second Reading.
City Manager Cartwright reviewed the four proposed amendments to Chapter
11, Section 11.01 of the municipal code of ordinances and provided the council
with additional data on check and credit card purchase transactions in the
municipal liquor stores. He said bad checks and credit cards comprise less
than 1/10th of 1~ of the total amount of business transacted with checks and
credit cards.
Motion by Bence, second by Ludeman to close the hearing.
All ayes - Carried.
Bill 1984-6, Amendment to Chapter XI, Section 11.01 of the Ordinance
Code of the City of Richfield, relating to the regulation of municipal
liquor stores, was read and reviewed by Clayton LeF'evere, City Attorney, the
same being on file in the office of the city clerk. (C-230)
Motion by Bence, second by Priebe that this constitute a second reading of
Bill 1884-6, that it be published in the official newspaper and that it be made
a part of these minutes.
Poll of votes: Ayes - Bence, Priebe and Hamilton. Nays -Kirsch, Ludeman.
Carried
Council Members Kirsch and Ludeman both reitereated their opposition to
credit card sales as it applies to liquor store sales. Council Member Priebe
defended the convenience feature of credit sales and said our stores are being
competitive with private sector liquor store opera~tiona.
• City Council Minutes -5- March 12, 1984
8. Ordinance Amendment to Allow Professional Offices in "R" Residence
oning Districts by Special Use Permit. First Reading.
City Manager Cartwright introduced an ordinance amendment providing for
conversion of single family dwellings into professional. offices in "R"
single residence zoning districts by special use permit. Community Development
Director Kraft said this ordinance amendment was being presented in response to
city council request of November, 1983 for an ordinance amendment that would
allow certain professional offices in "R" single family residence zoning
districts. Mr. Kraft revie~,red the conditions that must be met, as outlined in
Council Letter Na. 91.
Council Member Bence said he did not see any need for this ordinance.
Peter Pafliolis, 7538 Columbus, asked how the council could convert a
street from arterial to arterial/collector. The city attorney advised it can
. be_accomplished by resolution.
Ann Miller, 6629 Lynwood Boulevard, said she was opposed to commercial
uses of residential sites - that signs are not aesthetic additions to an area.
Mike Sandahl, 7601 Bryant, spoke in opposition to this ordinance amendment
for the reason that changing residential use to commercial use should be by
rezoning.
Orvan Edmonson, 6621 Upton, said neighbors should control their neighbor-
hood and that he was against spot zoning.
Betty Carr, 6633 Lynwood Boulevard, spoke against this ordinance
amendment. She said rezoning constitutes a transfer of wealth. She spoke in
favor of using HRA money to restore deteriorated properties.
John Marsicano, 6515 Knox, said he could not see how this ordinance would
help Richfield.
City Council Minutes -6- March 12, 1984
Motion by Ludeman, second by Kirsch to deny this ordinance amendment.
Poll of votes: Ayes - Bunce, Kirsch, Ludeman and Hamilton. Nays -Priebe.
Carried.
Mayor Hamilton left the meeting at 8:44 p.m. due to illness.
Council President Pro Tempore Ludeman received the gavel and continued
the meeting
g. Ordinance Amendment Providing that Applicants for On-Sale Wine Licenses
be Present at the Council Meeting when their License Reauest is
City Manager Cartwright reviewed an ordinance amendment containing the
provision that applicants for an on-sale wine license must be present at the
e ~
hearing of their license request.
Bill 1984-7, Amendment to Chapter XI, Section 11.08 of the Ordinance Code
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-233)
Motion by Kirsch, second by Priebe that this constitute a first reading
of Bill 1984-7, and that second reading of this ordinance amendment be
scheduled for March 26, 1484.
Poll of votes: Ayes - Bunce, Kirsch, Ludeman and Preibe. Nays -None.
Absent -Hamilton.
10. Ordinance Amendment
for On-Sale 3.2 beer
City Manager Cartright presented an ordinance amendment relating to
sale and dispensation of nonintoxicating malt liquor which provides that the
applicant must be present at the council meeting when the license is con-
sidered for city council first reading approval.
Bill 1984-8, Amendment to Chapter XI, Section 11.02 of the Ordinance
-1
I
Code of the City of Richfield, was read and reviewed by City Attorney Clayton
City Council Minutes -7- March 12, 1984
LeFevere, the same being on file in the office of the city clerk. (C-234)
Motion by Kirsch, seconded by Priebe that this constitute a first reading
of Bill 1884-8, and that second reading of this ordinance amendment be
scheduled for March 26, 1884.
Poll of votes:• Ayes -Kirsch, Ludeman and Priebe. Nays - Bunce. Absent -
Hamilton. Carried.
11. Amendment to the Ordinance
Water Meters Providing that a
City Manager Cartwright reviewed an ordinance amendment providing for city
authority to enter premises for the purpose of reading or inspecting water
meters. The ordinance would also provide for city authority to impose a charge
on the homeowner if access to the property is not provided, but would contain a
clause granting the city manager authority to cancel such penalty for good
cause.
Council Member Priebe expressed concern for people who may not be home
between the hours of 7:30 a.m. - 4:00 p.m. Community Services Director
Fondrick said that most citizens are cooperative, however, there are certain
few that are opposed to the city gaining access to their homes at all.
Sid Sanford, 7000 Portland, said there is a need for additional hours
that residents may use to arrange for city crews to visit homes.
Bi11 1984-9, Ordinance Amending Sections 8.24 and 8.25 of the Ordinance
Code of the City of Richfield Relating to Water Service, was read and reviewed
by City Attorney Clayton LeFevere, the same being on file in the office of the
city clerk. (C-235)
Motion by Bunce, seconded by Kirsch that this constitute a first reading
of Bill 1984-9, and that second reading of this ordinance amendment be
scheduled for March 26, 1984•
Poll of votes: Ayes - Bunce, Kirsch, Ludeman and Priebe. Nays - None.
City Council Minutes -8- March 12, 1984
Absent - Hamilton - Carried.
Council requested the city attorney to review the language of this
ordinance prior to second reading to consider revisions to the hours of access.
12. Resolution Amending City Council Meeting Agenda Format by Acting on
Consent Agenda tams Imate ately after Agenda Approval
City Manager Cartwright noted that occasionally some people attending
council meetings have been unnecessarily detained because they had to wait
until near the end of the agenda to ],earn if items on the consent calendar
would be approved. Anew resolution changing the council agenda format was
presented by the city manager that will change the order of the council agenda
so that the consent calendar would be considered dust after approval of agenda.
It was noted that any items removed from the consent agenda would still be
discussed later on the agenda.
Motion by Kirsch, 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. 6870
RESOLUTION REGARDING COUNCIL AGENDA FORMAT
Poll of votes: Ayes - Bunce, Kirsch, Ludeman and Priebe. Nays - None.
Absent - Hamilton. Carried. This resolution appears as Resolution No. 6870 in
Resolution Book No. 51.
13• Appointments to Energy Awareness Commission and Human Rights Commission
Motion by Kirsch, seconded. by Priebe to appoint Janet Jacobson, 7501
Portland Avenue, to the Energy Awareness Commission for a three year term,
expiring in January 1987.
All ayes - Carried. Absent - Hamilton.
City Council Minutes -9- March 12, 1984
Motion by Bunce, seconded by Priebe to appoint Richard B. Holt, 7521 Park
Avenue, to serve on the Energy Awareness Commission for a term expiring
January, 198&.
All ayes - Carried. Absent - Hamilton.
Motion by Bunce, seconded by Kirsch to appoint Ron Kassa, 7438 Upton, to
serve on the Fourth of July Committee.
A11 ayes - Carried. Absent - Hamilton.
14• Consideration of City Manager Recommendation to Join Sister City
Internationa and stablish a oreign City Re at onship
City Manager Cartwright recommended the city council authorize partici-
pation with Sister City International. The annual membership is $200. He
recommended the appointment of a committee which would recommend the foreign
city for a sister city relationship. The objective of this program is to
promote understanding and friendship on a continuing long term basis.
Motion by Priebe, seconded by Bunce to join Sister City International.
All ayes - Carried. Absent - Hamilton.
15. Cons3.deration of City Staff Recommendations to Change the Level of
ng-for- evera 984 pi 1 Projects
City Manager Cartwright introduced proposed revisions to the 1984 Capital
Improvement Budget covering reductions of $74,0 and additions of $137,000,
resulting in a net increase of $63,000• The following 1984 capital projects
were recommended:
Lincoln Hills Park - deleted from the 1984 CIB in the amount of $54,000;
Ice Arena Improvements -addition of $15,000;
Public Safety Improvements - addition of $82,000;
Fire Vehicle Reserve - reduction from $40,000 to $20,000;
City Hall Lower Level Improvements -addition of $20,000; and
City Hall Lobby/Licensing Improvements -addition of $20,000.
City Council Minutes -10- March 12, 1984
All of the above projects have been reviewed by the city manager and
program directors.
The city manager responded to questions concerning the need for additional
funds required for tie Penn Avenue fire station remodeling project.
Council Member Ludeman requested information concerning the type of fire
vehicle to be purchased in 1984 be presented to the council before bids are
taken.
Motion by Bunce, seconded by Priebe to approve the amendments to the 1984
Capital Improvement Budget as stated herein.
All ayes - Carried. Absent - Hamilton.
16. Council Choice - No Action
Council Members Ludeman and Kirsch reported on the issues discussed
at the National League of Cities Conference, i.e., IDB issues, Cable TV,
anti-trust immunity issue and budget reduction legislation.
Mr. Ludeman also said sidewalks are not being cleared adequately. He
believes the new machines are apparently too wide for sidewalks.
Mr. Bunce said he had heard from an apartment dweller who experienced
clifficulty in being medically assisted because his apartment building had a
security system without a lock-box for public safety use. City Manager
Cartwright indicated an ordinance addressing fire safety access could be
drafted to address this concern.
17. Consent Calendar
Motion by Bunce, seconded by Priebe that the following items be approved:
A. Ratification of Local 49 Contract
RESOLUTION N0. 6871
RESOLUTION APPROVING MEMORANDUM OF UNDERSTANDING
BETWEEN CITY OF RICHFIELD AND INTERNATIONAL UNION
OF OPERATING ENGINEERS LOCAL 49 AFL/CIO FOR THE YEARS 1984/85
1
City Council Minutes -11- March 12, 1984
B. Purchases in Excess of $5,000
Trees
Authorize purchase of 100 sugar maple trees from Bachman's Nursery Whole-
sale Center for a total purchase price of $7,865.
Partitions '
Authorize purchase of Neal SYSTEM 3 Partitions from Neal Slate Co. in the
amount of $6,207.
Carpet
Authorize removal of existing carpet, and furnishing and installing of new
carpeting for lower level of city hall from Home Carpet in the amount of
$6,531.96.
Pool Boiler(s)
Authorize purchase of two CP11 1540 Comfort Zone Boiler System pool
heaters from Sports Technology Inc. in the amount of $8,800.
C. Award of Contract for Asphalt Work - Richfield Lake
RESOLUTION N0. 6872
RESOLUTION ACCEPTING BID AND AWARDING CONTRACT
BITUMINOUS MIXTURE FOR PATH AT RICHFIELD LAKE
C.P. 7055
D. Setting Date of 3/26 at 6:00 PM for Council Work Session on 76th St./
~ .. .,... .,.,,+....,,.v....,..,.
Schedule meeting for 6:00 p.m. on Monday, March 26, prior to regular
city council meeting.
E. Approval of Plans and Specs for 1984 Alley Paving Project
RESOLUTION N0. 6873
RESOLUTION APPROVIlVG PLANS AND SPECIFICATIONS AND
ORDERING ADVERTISEMENT OR BIDS FOR
C.P . 793 - 1984 AT ,T •FY PAVIlVG
City Council Minutes
F. Appointment of V
13, 14
-12- March 12, 1984
ate for LN.~ Legislative Conference March
Appoint Administrative Services Director Ronald Rankin to act as the
city's voting delegate for the League Conference.
G. Setting Date of Hearing for 1984 Wine License Renewals
Schedule public hearing for March 26, 1984 to consider renewal of city
wine licenses.
H. Licenses
Renewal 7-Eleven, 684.9 Nicollet Avenue
Renewal Pontillo's Pizza, 2312 W. 66th Street
Renewal Tom Thumb, 7600 Knox Avenue
Renewal Godfather Pizza, Hub Shopping Center
Amusement Devices
Renewal The Irni, 7640 Cedar
Renewal Ice Arena, 636 E. 66th Street
Renewal Condon Drug, 1208 E. 66th Street
Renewal Ground Round, 1504 E. 78th Street
Renewal American Legion 3 billiard tables
Renewal 7-Eleven, 6849 Nicollet Avenue - -
Reneal Sr~yc~r Drug, 6520 Pillsbury
Renewal 24 Karet Adult Relaxation Center
Renewal Tip Top Car Wash, 6601 Bloomington
I. Payments and Estimates
Off sale Beer
On sale Beer
Off sale Beer
Off sale Beer
1 machine
1 machine
1 machine
14 machines
1 machine
1 machine
2- machines
1 Machine
Car Wash
Estimate No. 2, CP 767, Remodel fire station #2, Maerten-Brenny, $62,152
Estimate No. 2, CP 7055, Muck excavation & granular fill, Richfield Lake-
$97~643.45
Estimate No. 6, 703-1569, Install water meters, Water Product, $21,000
Ali ayes -Carried. Absent -Hamilton.
18. Claims and Payrolls
_Motion by Priebe, seconded by Bence that the following Claims and Payrolls
be approved:
i
I
1
1
City Council Minutes
RICHFIELD BANK & TRUST
Checks 4386/44.15, 68558/69006
SLJI~+lIT STATE BANK
Checks 3'1943132975 Payroll
Checks 65892/65917 General
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All ayes -Carried. Absent -Hamilton.
19. Adjournment
Mflton by Kirsch., seconded by Prik
All ayes -Carried. Absent -Hamilton,
Date Approved: March 26,.1984
C
via r i e
March 12, 1984
$701,157.69
X222,948.94
$691,118.97