06-25-1979CITY OF RICHFIELD
Regular Meeting
June 25, 1979
The City Council of the City. of Richfield met in regular session in the Council
Chambers of the City Hall on Monday, June 25, 197, at 7:Od p.m.
Rev. Harald Grindal, pastor of Oak Grove Lutheran Church, gave the invocation.
The meeting was called to order by Mayor Loren L. Law.
Present; Collins, Jacobsen, Ludeman, Luettinger, Law
lw Minutes
Motion by Ludeman, seconded by Jacobsen that the minutes of the June 11, 1979,
city council meeting be approved as submitted.
All ayes - Carried.
2_______Public Hearing an Drainage Improvements to Norb~ and-Wilson Ponds
Joyce Wilde, Acting City Manager, reviewed previous council discussions relative
" to drainage improvements to Norby and Wilson Ponds and the drainage area served by
those ponds. She noted that after the. council had approved a preliminary engineering
report for these improvements on April 9, 1979, the staff conducted six informational
meetings for residents of the project area, to describe the proposed project. A11
benefited residents were advised by mail of the informational meetings and the
June 2~5, public hearing.
Carl Marinics, Public Works Director, summarized the proposed project.
B. A. Mittelsteadt, consulting engineer with Orr-5chelen-Mayeron Associates,
Inc., presented the preliminary engineering report and- reviewed the cost estimates
and proposed special assessment costs.
James Robin, landscape architect, 23420 Park Street, Excelsior, reviewed the
proposed aesthetic improvements to the ponding areas.
Numerous residents were present and expressed their opinions regarding the
proposed project.
Council Meeting Minutes -z_- June 25, 1979
The following individuals expressed opposition to the storm sewer and drainage
improvement project: .
. Orville Evensan,;,700Q.-3rd Avenue
Delbert Strand, 7344 18th Avenue
• Stanley Chmielewski,..7438 lSth.Avenue
Sid Sanford, 7000 Portland
• Charles Kaluza,-6917 Chicago.
Verlyn Ness, 7338 14th Avenue
George Kenealey, 7609 3rd Avenue
Mrs. Paul Leonard, 7244 14th Avenue
Mary Skrivseth, 6945 3rd Avenue
B. R. Hoverson, 7408 13th Avenue
Francis Be11, 7045-3rd Avenue
Tom Taft, 7521 2nd Avenue
Jeff Benedict., 6939 3rd Avenue
Don Rausch, 6745 14th Avenue
Russ Mayer, 7105 18th Avenue
Judy Kenney, 7439 14th Avenue
Lee Haik, 6900 3rd Avenue
Sandra Macht, 7008 Oakland
Ray Carlsten,-6901 Stevens
Skip Balmer, 743 214th Avenue
Stephen Wilmes, 6827 16th Avenue, presented a petition opposing the project. (C-987
The following individuals spoke in support of drainage improvements whether
through the described project or some alternative project:
Mrs. John Lyon, 6839 2nd Avenue
John Sazdoff, 6927 Columbus
Bill Keltgen, 126 E. 69th Street
Larry Lynde, 7308 1st Avenue
Chris Stenzel, 6908 Columbus
Dean C. Baurle, 7234 16th Avenue
Motion by Luettinger, seconded by Collins to close the hearing.
Po11 of votes: Ayes,- Collins, Luettinger Law. Nays - Jacobsen, Ludeman. Carried.
Motion by Luettinger, seconded by Jaco~sen to reject the project. A11 ayes - Carried.
Motion by Jacobsen, seconded by Ludeman to request the staff to .review and
develop alternative solutions for resolving drainage-problems in the subject area,
and to develop a report for the city council to ;review at the regularly scheduled
October 9, 1979 city council meeting.:
Motion by Ludeman, seconded by Jacobsen to direct the staff to notify all
people in the original proposed assessment district, as well as people residing
in any other proposed assessment areas, of the October 9, 1979 council discussion
Council Meeting Minutes -3- June 25, 1979
of drainage and storm sewer improvements.
All ayes - Carried.
3. _Fina1 Development_~'1~n~_ Special U~e.Permit~ Off-Street.Parking Permit,_
Phase T. Hub/Summi_t, Ban_1~_ PLtD
Richard Krier, Planning and Redevelopment Director, reviewed the plan subs
mined by Summit Bank to undertake the improvements scheduled in Phase I of the
PUD plan. Summit Bank requested council approval of a final development plan and
special use permit to a11ow them to complete site improvement work on their
property. Mr. Krier reviewed the staff findings, and recommended council approval
subject to two stipulations:
Motion by Jacobsen, seconded by Luettinger to grant the special use permit
subject to the following stipulations:
1. That all overhead utilities be undergrounded when the United
National Corporation (Hub Shopping Center) untilites are
undergrounded; and
ed the cit and
2. That the final lat and easements be a rov by y
P PP
filed with Hennepin County within 120 days of city council
approval of the final development plan and., special use permit.
A11 ayes - Carried.
Motion by Jacobsen, seconded by Luettinger 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. 6098
RESOLUTION APPROVING LAYOUT AND CONTRACT FOR
OFF-STREET PARKING IN ACCORDANCE WITH APPLICATION
N0. 79-9, CONTRACT N0. 2307
Summit State Bank of.Richfield
6500 Nicollet Avenue
Use: E~cisting Commercial Building
Po11 of votes: Ayes - Collins, Jacobsen, Ludeman, Luettinger, Law. Nays - None.
Carried. This resolution appears as Resolution No. 6098 in Resolution Book 1Vo. 43.
Council Meeting Minutes -4- June 25, 1979
4. Proposed Transitory Ordinance Providing for Charter Amendment on Purchasing
and Contract Procedures
Clayton LeFevere, City Attorney, reviewed a proposed. transitory ordinance
which would amend the city charter with respect to procedures for municipal
purchasing and contracting. He stated that the proposed amendment would bring
the city charter into agreement with provisions of the Uniform Municipal Contract
Law.
Mayor Law read a letter from Gordon A. Anderson, a member of the Charter
Commission, opposing this proposed charter amendment.
Betty Carr, 6633 Lynnwood Boulevard, also a member of the Charter Commission,
spoke in favor of this proposed charter amendment.
Motion by Jacobsen, seconded by Collins to defer further consideration of this
item to the next council meeting.
Poll of votes: Ayes - Collins, Jacobsen, Ludeman, Law. Nays - Luettinger. Carried.
5. Discussion of Ordinance Amendment Relating to'Gambling Devices
Joyce Wilde, Acting City Manager, advised the city council that a request had
been received from the American Legion and VFW to enact an ordinance which would
authorize non-profit organizations to conduct limited gambling and raffles.
Clayton LeFevere, City Attorney, reviewed the provisions of State Statutes
regarding anti-gambling laws and stated that a new law was enacted in 1978 which
authorized municipalities to enact a local ordina-nce allowing limited gambling
for non-profit organizations to use in fund raising.
George Kenealey, attorney representing the VFW, encouraged the council to
consider an ordinance amendment which would allow-such gambling devices.
Howard Bunce, 7608 Sheridan, Commander of the VFW, reported on the VFW's
plan for using profits derived from the gaming devices.
Motion by Jacobsen, seconded by Collins to request the city attorney to
prepare a proposed ordinance relating to this subject for council review at the
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Council Meeting Minutes -6- June 25, 1979
8. Change Order, Municipal Golf Course
Joyce Wilde,- Acting City Manager, reviewed the request for a change order
in the amount of $2,847 in the contract with Bud Johnson Construction, Inc., for
the municipal golf course project. This change order would provide for instal-
lation•of a floor drain in the golf course maintenance building.
Richard Schwarz, of the architectural firm, Richard Schwarz/Neil Weber, Inc.,
answered questions from the council.
Motion by Ludeman, seconded by Jacobsen to approve this change order in the
amount of $2,847.
All ayes - Carried.
Council adjourned at 12:08 a.m. to conduct the HRA meeting and reconvened at
12:19 a.m.
9. Ordinance Amendment Related to Garbage Collection
Bill 1979-14, "An Amendment to Section 6.06 of the Ordinance Code of the City
of Richfield, Relating to Garbage and Refuse Hauling", was read and reviewed by
Clayton LeFevere, City Attorney, the same being on file in the office of the
city clerk. (C-9872)
Motion by Luettinger, seconded by Jacobsen that this constitute a first
reading of Bi11 1979-14; that it be published in the official newspaper and that
second reading of this ordinance amendment be scheduled for July 23, 1979.
Po11 of votes: Ayes - Collins, Jacobsen, Ludeman, Luettinger, Law. Nays - None.
Carried.
10. Ordinance Amendment Regarding Designation of Fire Chief. Second Reading.
Bill 1979-13, "An Ordinance Relating to the Fire Division of the Public
Safety Department, Amending Section 2.19, Subdivision 3, of the City of Richfield",
was read and reviewed by Clayton LeFevere, City Attorney, the same being on file
in the office of the city clerk. (C-9870)
Council Meeting Minutes -7-
June 25, 1979
Motion by Ludeman, seconded by Jacobsen that this constitute a second reading
of Bill 1979-13; that it be published in the official newspaper .and that it be made
a part of these minutes.
Poll of votes: Ayes - Collins, Jacobsen, Ludeman, Luettinger, Law. Nays - None.
Carried,.
11. Minutes, Tabulation of Bids and Authorization to Reiect Bids and Readvertise -
12th Avenue Seal Coat
Joyce Wilde, Acting City Manager, reviewed the bids received for seal coating
a portion of 12th Avenue between 73rd and 78th Street. She advised that the bids
exceeded the cost estimate by 45 percent, and recommended that the bids be rejected ,
the specifications be revised, and that the project be readvertised.
Motion by Jacobsen, seconded by Collins to reject the bids and authorize the
staff to readvertise the 12th Avenue seal coating.
A11 ayes - Carried.
12. Authorization to Dispose of Certain City Owned Equipment
Joyce Wilde, Acting City Manager, advised that two city vehicles, a tractor
and an asphalt patcher, assigned to the street division are no longer needed
since completion of the city's permanent street program. She recommended that the
city council authorize disposal of these vehicles through public sale.
Motion by Jacobsen, seconded by Collins to advertise for bids to dispose of
these vehicles.
All ayes - Carried.
13. Setting of Just Compensation and Authorization to Commence Negotiations,
Lyndale Avenue Sidewalk and Landscape Easement Areas
Joyce Wilde, Acting. City Manager, advised the.city council that the staff
has developed a revision in the sidewalk design adjacent to Trestman Music and
the Star Auto/Insty Print properties. She recommended that the council adopt
the appropriate resolution authorizing a revised. just compensation figure for
Council Meeting Minutes -8- June 25, 1979
the redesigned sidewalk and landscape easement areas and authorize the staff to
negotiate with the property owners for acquisition of these easements.
Motion by Ludeman, seconded by Luettinger that the following resolution be
adopted; that it be spread in the resolution book end that it be made a part of
these minutes:
RESOLUTION N0. 6099
RESOLUTION ESTABLISHING JUST COMPENSATION
AND PROVIDING FOR THE COMMENCEMENT
OF NEGOTIATIONS FOR THE PURCHASE OF
PERPETUAL EASEMENTS, LXNDALE AVENUE
Po11 of votes: Ayes - Collins, Jacobsen, Ludeman, Luettinger, Law. Nays - None.
Carried. This resolution appears as Resolution No. 6099 in Resolution Book No. 43.
14. Setting. of Just Compensation for Lyndale Avenue Temporary Construction Easements
Joyce Wilde, Acting City Manager, advised that, it is necessary for the city
council to establish just compensation for the temporary construction easements
for the Lyndale Avenue improvement project. She recommended that the city council
adopt the necessary resolution establishing just compensation for the temporary
construction easements and authorizing the staff to initiate negotiatli.ons for their
acquisition.
Motion by Jacobsen, 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. 6101
RESOLUTION ESTABLISHING JUST COMPENSATION
FOR THE PURCHASE OF TEMPORARY EASEMENTS,
LYNDALE AVENUE
Poll of votes: Ayes - Collins, Jacobsen, Ludeman, Luettinger, Law. Nays - None.
Carried. This resolution appears as Resolution No. 6101 in Resolution Book No. 43.
Council Meeting Minutes -9- June 25, 1979
15 Release of Off-Street Parking Bond, Southdale Realty Company (Southdale Square)
Joyce Wilde, Acting Gity Manager, advised the city council that the public works
department has determined that the Dayton Development Company, 4005 West 65th Street
has complied with all terms of the off-street parking agreement at their property
located at the Southdale Square Shopping center. She recommended that the city council
adopt the necessary resolution authorizing release of the performance bond.
RESOLUTION N0. 6100
RESOLUTION RELATING TO RELEASE OF BOND ON OFF-STREET PARKING
Dayton Development Company
4005 West 65th Street
Location; 2904 to 3020 W. 66th Street
Use: Shopping Center (Southdale Square)
Po11 of votes: Ayes - Collins, Jacobsen, Ludeman, Luettinger, Law. Nays - None.
Carried. This resolution appears as Resolution No. 6100 in Resolution Book No. 43.
16 Authorization to Submit Preliminary Grant Applications
Joyce Wilde, Acting City Manager, advised the council that the city has received
notice from .the Offices of Local and Urban Affairs (LAWCON), a section of the State
Planning Agency, that preliminary applications are now being accepted for park and
recreation LAWCON and state grants for fiscal year 1979. She said the staff is
now preparing preliminary grant applications related to energy .efficiency modifi-
cations to tennis court lights, Adams Hill park improvement and development of
beautification and recreational facilities at Wilson and Norby Ponds, and recommended
that the city council authorize submission of preliminary grant applications for these
purposes.
Motion by Jacobsen, seconded by Collins to authorize submission of the
preliminary LAWCON grant applications.
Poll of votes: Ayes - Collins, Jacobsen, Luettinger, Law. Nays - Ludeman. Carried.
Council Meeting Minutes
-10-
June 25, 1979
17. Authorization to Submit Request for Reimbursement for Police Training Funds
Joyce Wilde, Acting City Manager, advised the city council that the public
safety department has received notification from .the Minnesota Peace Officer
Training Board that, in order to qualify for reimbursement of police training funds,
it is necessary for the city council to adopt a resolution authorizing such reim-
bursement. She recommended that the council adopt such a resolution authorizing
the acting city manager to execute the reimbursement contract.
Motion by Jacobsen, seconded by Luettinger 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. 6102
RESOLUTION AUTHORIZING REIMBURSEMENT OF POLICE
TRAINING FUNDS FOR THE MINNESOTA PEACE OFFICERS
TRAINING BOARD
Poll of votes: Ayes - Collins, Jacobsen, Ludeman, Luettinger, Law. Nays - None.
Carried. This resolution appears as Resolution No. 6102 in Resolution Book No. 43
18. Approval and Sale of Tax Forfeited Lands
Joyce Wilde, Acting City Manager, presented information on six parcels of tax
forfeited land that Hennepin County has advised are available for sale. She recom-
mended the the council adopt two resolutions, on.e to recertify special assessments
on two of the properties, and the second approving classification of the parcels
as non-conservation land, and authorizing their sale.
Motion by Luettinger, seconded by Jacobsen that the following resolutions be
adopted; that they be spread in the resolution book and that they be made a part
of these minutes:
RESOLUTION N0. 6103
RESOLUTION APPROVING CLASSIFICATION
OF TAX DELINQUENT LAND AS NON-CONSERVATION LAND,
APPROVING SALE AND RECERTIFYING SPECIAL ASSESSMENTS
LEVIED AFTER FORFEITURE
1
Council Meeting Minutes -11- June 25, 1979
RESOLUTION N0. 6104
RESOLUTION APPROVING CLASSIFICATION
OF TAX DELINQUE~I'T LAND AS NON-CONSERVATION LAND
Poll of votes: Ayes - Collins, Jacobsen, Ludeman, Luettinger, Law. Nays - None.
Carried. These resolutions appear as Resolutions Numbers 6103 and 6104 in
Resolution Book No. 43.
Motion by Luettinger, seconded by Jacobsen to request the Planning Commission
to review and recommend whether the city should seek to acquire three of the parcels
which are adjacent to city-owned park property.
All ayes - Carried.
19. Request for Waiver of Vacancy Moratorium
Joyce Wilde, Acting City Manager, recommended that the city council waive
the vacancy moratorium to permit filling of the public works director position.
Motion by Ludeman, seconded by Jacobsen to lift the moratorium on hiring to
permit the filling of the position of public works director.
A11 ayes - Carried.
20. Discussion of Energy Awareness Committee
The city council discussed the need to establish a functioning Citizens
Committee on Energy Awareness. The council requested the staff to publicize the
need for applicants to serve on an energy awareness committee and to schedule
council review of the applications and consideration of appointments to this
committee for the second council meeting in July.
Zl. Change Order, Grand Avenue Storm Sewer Relocation
Joyce Wilde, Acting City Manager, presented a change order in the contract with
De-Luxe Construction, Inc. for council approval. This change order provides for the
addition of concrete pavement across the excavated portion of West 65th Street near
Council Meeting Minutes -12- June 25, 1979
Lyndale Avenue.
Motion by Jacobsen, seconded by Luettinger to approve this change order in
the contract with De=Luxe Construction, Inc. in the amount of $2,844.
A11 ayes - Carried.
22. Payments and Estimates
Motion by Jacobsen, seconded by Luettinger that the following payments and
estimates be approved:
A. Estimate No. 1, utilities for the golf course, CP 688, 0 & P
Contracting, Inc. - 50% complete - $15,204.60
B. Estimate No. 1, earthwork for golf course, CP 688, Carl
Bolander & Sons, 11% complete - $36,495
C. Estimate No. 2, materials stored for automatic irrigation
systems for thG golf course, CP 688, Evergreen Lawn Sprinkler,
In., 58.6% complete - $12,36b.65
D. Estimate No. 2, water wells and pump equipment for golf course,
CP 688, Lee Richert Plumbing & Heating, Inc., 31.8% complete -
$8,801.64
E. Estimate No. 6 and final, completion of the electrical work
at Christian Park, CP 719, 100% complete - Killmer Electric
Co., Inc. - $1,000
A11 ayes - Carried.
23. Claims and Payrolls
Motion by Ludeman, seconded by Jacobsen that the following claims and payrolls
be approved:
SUMMIT STATE BANK
Checks 49183/50178 General $529,019.40
Checks 49800/50171 Payroll 163,896.54
RICHFIELD BANK & TRUST
Checks 38755/41504 $449,241.30
A11 ayes - Carried.
Council Meeting Minutes -13- June 25, 1979
24. Licenses
Motion by Luettinger, seconded by Collins that the following fee waived
license be approved:
Renewal Church of the Assumption, 305 E. 77th St. Food, Tavern
(August 11 and 12)
All ayes - Carried.
Motion by Jacobsen, seconded by Luettinger that the following licenses be
approved;
Regular
New Thunderbird Motel Softball Team, Taft Park
New Pop Fund, 6412 Lyndale Avenue
Renewal Frenchman's Softball Team, Taft Park
Renewal Four Seasons Equipment, 6443 Lyndale Avenue
Taxicab Drivers
New Colleen Stein, 12917 County Road
New Craig Lankkt, 4130 Rahn Road, Eagen
New John Burck, 3241 N. Victoria, St. Paul
New John Clinkenbeard, 123 E. 2nd Street, Chaska
New A11an Roeh1, 3345 92nd Drive, Blaine --
New Robert Witt, 9821 Edgewood Road, Bloomington
A11 ayes - Carried.
Application for Block Party Barricades - Not on Agenda
Food Vehicle, Soft drink
Soft drink
Soft drink
Vending machine, Food
Motion by Jacobsen, seconded by Luettinger that the application of Walter Hollich,
6909 Thomas, for block party barricades on Thomas Avenue at 69th and 70th Streets be
approved subject to the applicant changing the party hours from 2:00 p.m. to 9:00 p.m.,
to 5:00 p.m. to midnight, or changing the date from July 7, to some other date.
All ayes - Carried.
Letter to Governor Quie - Not on Agenda
Motion by Jacobsen, seconded by Ludeman to direct the staff to prepare a letter
to Governor Quie from Mayor Law on behalf of the council, expressing their concerns
Council Meeting Minutes -14- June 25, 1979
regarding Continual allocations of gasoline to Richfield service station businesses
and supporting the governor's efforts toward energy conservation and equitable fuel
allocation.
All ayes •- Carried.
25. Adjournment
Motion byJacobsen, seconded by Luettinger that the meeting adjourn.
All ayes - Carried. Time: 1:05 a.m. June 26, 1979.
Date Approved: July 9, 1979
Thomas J. an City Clerk
Lo en L. Law or
J ce Wilde Acting City Manage:-
~,