09-10-1979CITY OF RICHFIELD
Regular Meeting
September 10, 1979
The City Council of the City of Richfield met in regular session in the Council
Chambers of the City Ha11 on Monday, September 10, 1979, at 7:15 p.m. The meeting
was delayed fifteen minutes to await the arrival of Mayor Law.
Rev. Dan3.e1 Schmidt, `of Berea Lutheran Church, gave the invocation.
The meeting was called to order by Mayor Loren L.-Law.
Present: Co11in~, Ludeman, Luettinger, Law
Absent: Jacobsen
1. Minutes
Motion by Ludeman, seconded by Luettinger that the minutes of the regular
council meeting of August 27, and the special council meeting of September 4, 1979,
be approved as submitted.
A11 ayes - Carried. Absent - Jacobsen.
2. Volunteer Service Recognition - Department of Public Safety
Tom Morgan, Public Safety Director, presented commendation awards to Kenneth
Nelson and Stuart Swanson, who will be retiring next month from the Emergency
Services of the Public Safety Department, after serving twenty-five years of
volunteer service. Mayor Law expressed the gratitude of the community for the
contributions of these gentlemen.
3. Presentation by Metropolitan Council Representative, Ernest Lindstrom
Ernest Lindstrom, representing the Metropolitan Council, gave a presentation
on planned land uses and emphasized the need for coordination between the council
and the Metropolitan Council.
4. Request for Special Use Permit -.Holy Angels Academy
Sister Susan Oeffling, from Holy Angels Academy, appeared before the council
. and requested a deferral of the hearing for :this special use permit application
to add a gymnasium/locker room facility to the school to the September 24, 1979,
~.
city council meeting. She outlined the school's plans for improvement and
Council Meeting Minutes -2- Septemuer 10, 1979
answered questions from the council regarding their concerns for fire safety.
Councilman Ludeman voiced concern for the safety factor in unloading
pupils on 66th Street.
5. Request for Variance, 6507 Humboldt Avenue
Karl Nollenberger, City Manager, reviewed the request of Jon Memmel, 6507
Humboldt Avenue, for a variance to reduce the sideyard setback of his property
from 10 feet to 6 feet, to enable him to construct a second story addition to
the existing one and one-half story dwelling. The city manager reported-the
staff had recommended denial of this variance since it did not meet the-three
ordinance criteria and-the planning commission had recommended the requested
variance be granted.
Motion by Ludeman, seconded by Luettinger to close tie hearing.
All ayes - Carried. Absent - Jacobsen.
Motion by Ludeman, seconded by Luettinger to grant this variance.
All ayes - Carried. Absent - Jacobsen.
6. Planned Unit Development Plan, Preliminary Street Vacation and Pire Zone
Change Request for Woodlake School Site
Richard Krier, Planning and Redevelopment Director, advised the city council
that Richfield Development Corporation, the original purchaser of the Woodlake
School site property, has sold the property to Duraps, Ltd. of~Winnipeg, Canada,
contingent upon city approval of the Duraps plan for site development. Duraps,
Ltd. has now submitted a PUD plan, preliminary plat, and two street vacation
requests for city council approval.
Mr. James Stirton, representing Duraps, Ltd., presented an overview of the
proposed site development which will comprise. nine buildings with eight dwelling
units each, and two buildings with ten dwelling units each.
The council expressed their concerns regarding fire safety, traffic, the
proposed bike-path, snow removal and the length of curd.
Council Meeting Minutes
- 3-
September 10, 1979
Jan Bray, 6645 Portland, indicated approval of the bike path on the lower
level of the development and asked if children, would be accepted in the develapment.
Frank R.i1ey, 6915 Portland, spoke in favor of retaining the sidewalk.
Bette J. Thompson, 6309 - 2nd Avenue, voiced concerns regarding water levels
and flooding.
Loren.Wuttke, 6750 France Avenue, owner of property at 6525 Emerson, asked
about.sic~e-yard setbacks and the .types of garages planned.
Motion by Ludeman, seconded by Collins to close .the hearing.
All ayes - Carried. Absent - Jacobsen.
Motion by Ludeman, seconded by Luettinger to approve the preliminary PUD
plan, as outlined in Council Letter No. 274, subject to the following st3.pulations:
a. That all site lighting and signs conform to city standards;
b. That the. fire safety system of all c~sidential buildings be
approved by the public safety department;
c. That ehe street address and building identification systems
be, established to the satisfaction of the staff;
d. That the design of the southwest curb cut shall be subject
to ap~iroval by the staff.
All ayes - Carried. Absent - Jacobsen.
Motion by Ludeman, seconded by Collins to approve the preliminary plat
with the following changes: ,
a. That the subdivision title bo indicated on the plat;
b. That the size of the storm sewers be indicated;
c. That all bearings and distances be shown;
d. That the following easements. be delineated:
1. Ten foot public utility easements on all sides,
2. Water main easement~of 15 feet from Rae Drive to
Emerson Avenue over the existing 16 inch water main..
A11 ayes - Carried. Absent - Jacobsen
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Council Meeting Minutes -4- September 10, 1979
Motion by Ludeman, 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..6122
RESOLUTION RECEIVING STREET
VACATION PETITION AND CALLING
FOR PUBLIC HEARING •
(Street Easement)
Poll of votes: -Ayes - Collins, Ludeman, Luettinger, Law. Nays - None. Absent -~
Jacobsen. Carried. This resolution appears as Resolution No. 6122 in Resolution
Book No. 43.
Motion by Ludeman, 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. G~23
RESOLUTION RECEIVING STREET
VACATION PETITION AND CALLING
' FOR PUBLIO HEARING
(Fortiori of-West 65th Street) -
Poll of votes: Ayes - Collins, Ludeman, Luettinger, Law. Nays - None. Absent -
Jacobsen. Carried. This resolution appears as~Resolution No. 6123 in Resolution
Book No. 43.
Bill 1979-18, Transitory Ordinance No. 16.61, "An Ordinance Providing For _
Vacation of a Portion of an Unnamed Street Easement North of Rae Drive and South
of Richfield Lake", was read and reviewed by Clayton LeFevere,• City Attorney,
the same being on file in the office of-the city clerk. (C-9875)
Motion by Luettinger, seconded by Collins that-this constitute a first reading
of Bill 1979-18; that it be published in the official newspaper and that second
reading of this ordinance amendment be scheduled for .October 9, 1979.
Council Meeting Minutes. -5- September 10, 1979
Poll of votes: Ayes - Collins, Ludeman, Luettinger, Law. Nays - None. Abaent.-
Jacobsen. Carried.
Bi11 1979-19, Transitory Ordinance No. 16.62, "An Ordinance Providing for the
Vacation of a Portion of hest 65th Street", was read and reviewed.by Clayton
LeFevere, City Attorney, the same being on file in the office of the city clerk.
(C-9876)
Motion by Luettinger, seconded by Collins that this constitute.a first reading
of Bi11 1979-19; that it be published in the official newspaper and that second
reading of this ordinance amendment be scheduled for October 9, 1979.
Poll of votes: Ayes = Collins, Ludeman, Luettinger, Law. Nays = None. Absent -
Jacobsen. Carried.
The council reviewed a request from the proposed developer to the fire chief
asking that the existing fire zone classi.fic4tion be amended from the present
classification of Fire Zone No. 1 to Fire Zone No. 3, as the higher fire zone
was unfairly restrictive and would :prevent Dumps, Ltd. .from pursuing the
development.
Motion by Collins, seconded by Ludeman to request the city attorney. to
.draft an amendment to the fire zone ordinance to reflect this change as requested
by Duraps, Ltd. for council review at the September 24, 1979, city council meeting.
All ayes - Carried. Absent - Jacobsen.
7. Request for Varianc.e,_7232 Aldrich Avenue
Karl Nollenberger, City Manager, introduced the request of Mr. Homer Roetman,
7232 Aldrich Avenue, for a variance to reduce an interior sideyard setback from
5 feet to 1.25 feet, to enable him to build a four-foot extension to a porch.
Mr. Roetman, appeared and spoke in behalf of his request.
. Richard Krier, Planning and Redevelopment Director, reviewed. the planning
commission and staff recommendations .for denial of this variance request inasmuch
Council Meeting Minutes -6- Septemoer 10, 1979
as this structure would increase the flow of water onto the adjacenty property
and increase the fire hazard.
Richard Blevins, 7539 Washburn Avenue,-suggested a compromise of a 2 foot
variance.
Motion by Ludeman, seconded by Collins to approve a sideyard setback of 3.25
feet.
All ayes - Carried. Absent - Jacobsen.
8. Request for Vacation of Alley, Block 4, New Ford Town. Addition
Karl Nollenberger, City Manager, reviewed the request for vacation of an alley
from residents at 6532 - 21st Avenue and 6533 - 20th Avenue, as outlined in Council
Letter No. 273. He presented the staff recommendation for approval of this alley
vacation subject to the following stipulations:
a. That easements be granted to. the utility companies (Northern
States Power and Northwestern Bell Telephone Company) for the
purpose of maintaining the existing utility poles and buried
cable;.
b. That access agreements be worked out between all parties to
insure that proper access is maintained to the existing .
garages at 6533 - 20th Avenue and 6502 - 21st Avenue, since
the existing driveway will overlap property lines if the
alley is vacated.
Motion by Ludeman, seconded by Collins that the following resolution be
adopted; that it be spread in the resolution book and that it be made apart of
these minutes:
RESOLUTION N0. 6124
RESOLUTION RECEIVING ALLEX
VACATION PETITION AND CALLING
FOR PUBLIC HEARING
Poll of votes: Ayes - Collins, Ludeman, Luettinger, Law. Nays - None. Absent -
Jacobsen. Carried. This resolution appears as Resolution No. 6124 in Resolution
f'
L
Book No. 43.
Council Meeting Minutes -7- September 10, 1979
Bill 1979-20, Transitory Ordinance No. 16.63, "An Ordinance Providing for
the Vacation of the Alley in Block 4, New Ford Town Addition", was read and
reviewed by Clayton LeFevere, City Attorney, the same being on file in the office
of the city clerk. (C-9877)
Motion by Ludeman, seconded by Collins that this constitute a first reading
of Bill 1979-20; that it be published in the official newspaper and that second
reading of this ordinance amendment be scheduled for October 9, 1979.
Po11 of votes: Ayes - Collins, Ludeman, Luettinger, Law. Nays - None. Absent -
Jacobsen. Carried. '
9. Ordinance Amendment Relating to Gambling. Second Reading.
Clayton LeFevere, City Attorney, reviewed Bill 1979-16,"Amendment to Chapter
V, Part II, Section 5.19 and Appendix_D of the Jrdinance Code of the City of
Richfield", dealing with the licensing and regulation of certain types of amuse-
ment and recreation, which had been revised as requested by the city council on
August 13, 1979.
Motion by Luettinger, seconded by Collins to defer consideration of this
grdinance amendment to the September 24, 1979, city council meeting.
All ayes - Carried. Absent - Jacobsen. .
10. Minutes, Tabulation of Bids, and Authorization to Reiect Bids for Resealing
Joints, Lyndale Avenue Between 74th and 78th Streets
Karl Nollenberger, City Manager; reviewed the one bid received for joint
sealing of the Lyndale Avenue concrete pavement from Palda and Sons, Inc. in
the amount of $53,238. He indicated that this bid exceeded the estimated project
cost by $22,999 and recommended that the city council reject this bid and
authorize the staff to readvertise next year.
Motion by Luettinger, seconded by Collins to defer consideration of this
project until early spring of next year.
All ayes - Carried. Absent - Jacobsen.
Council Meeting Minutes -8-
11. Purchase in Excess of $1,000
' r
September 10, 1979
Karl Nollenberger, City Manager, reviewed a request for purchase in excess
of $1,000 for grass seed to be used for overseeding various areas of the golf
course. These are areas which were disturbed during construction. He advised
that three quotations had been received, the low one being from 0. M. Scott &
Sons, in the amount of $1.87 for 4,800 pounds of grass seed, at_a total cost of
$8,976. He recommended the city council approve this purchase.
Motion by Ludeman, seconded by Collins to approve .purchase of grass seed
from 0. M. Scott & Sons in the amount of $8,976, as recommended by the city
manager.
All ayes - Carried. Absent - Jacobsen.
12. Minutes, Tabulation of Bids, and Award of Contract for Improvements to
Lift Station No: 4.
Karl Nollenberger, City Manager, reviewed the bids received for renovation
and repair to lift station ~k4, located at 74th Street and 14th Avenue. He
recommended awarding the bid to F. F. Jedlicki, Inc. in the amount of $73,375
for pump replacement and overall renovation. The-city manager also indicated
that part of these improvements should be borne by the City of Bloomington,
under terms of an old agreement between the cities which permitted sewage-from
the Metropolitan Stadium site to flow into Richfield's sewer system.
Motion by Ludeman, seconded by Law to award the bid to F. F. Jedlicki, Inc.
in the amount of $73,375 for pump replacement and renovation of lift station ~~4,
and authorize-the staff to continue researching the nature and extent of any
cost-sharing obligations of the City of Bloomington.
All ayes - Carried._ Absent - Jacobsen.
13. Request to Sponsor Grant Application for the Storefront/Youth Action, Inc.
_~
Karl Nollenberger, City Manager, advised the city council that the L.E.A.A.
Council Meeting Minutes -9- September 10, 1979
grant for Storefront/Youth Action, which the city is currently sponsoring, is
concluding its first year and the Storefront/Youth Action, Inc. is finalizing
an application for second year funding. This program is financed with federal
law enforcement action agency funding, and the Storefront is required to provide
matching funds, which the city provides to that agency. The city manager recom-
mended the city council adopt the resolution providing for Richfield sponsorship
of this grant.
Motion by Ludeman, seconded by Collins 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. 6125
RESOLUTION OF GRANT SPONSORSHIP
Poll of votes: Ayes - Collins, Ludeman, Lu~'t?uger, Law. Nays - None. Absent -
Jacobsen. Carried. This resolution appears as Resolution No. 6125 in Resolution
Book No. 43.
14. Transportation Plan Inventory
Karl Nollenberger, City Manager, presented the last of five transporation
inventories for council review, which had been prepared as part of the compre-
hensive plan revision process.
Motion by Ludeman, seconded by Luet'tinger to receive the report and
authorize its public use in the comprehensive planning process.
All ayes - Carried. Absent - Jacobsen.
.I5. Richfield School District Capital Improvement~Program
Karl Nollenberger, City Manager,. presented the Capital Improvement Program
of Richfield Independent School District 280 for council review, which is required
pursuant to the Metropolitan Land Planning Act (Minnesota Statute 473.863).
Motion by Luettinger, seconded $y Ludeman to direct the staff to notify the
Council Meeting Minutes -10- September 10, 1979
Richfield School District and the Metropolitan Council that the school district
Capital Improvement Program is consistent with city goals, policies and plans.
All ayes - Carried. Absent - Jacobsen.
16. Discussion of Consultant's Recommendation to SWSCC
Clayton LeFevere, City Attorney, reviewed the specifics of the consultant's
report related to recommendations for administration of a joint cable TV franchise.
Motion by Collins, seconded by Ludeman to defer discussion of.this item to
the .September 17, 1979, budget hearing when Councilman Jacobsen will be present.
All ayes - Carried. Absent - Jacobsen.
17. Claims and Payrolls,
Motion by Ludeman, seconded by Collins that the following claims and payrolls
be approved:
SUMMIT STATE BANK
Checks 51130/51159 $862,539.89
RICHFIELD BANK & TRUST
Checks 52019/52330 Payroll $158,514.77
Checks 41748/42952 General $407,160.88
All ayes - Carried. Absent - Jacobsen.
18. Recommendation for Denial of Taxicab Driver's License
Tom Morgan, Public Safety Director, recommended the city council deny the
application of Harley Moran Sorensen for a taxicab dr.iver's license.
Motion by Luettinger, seconded by Collins to deny-this taxicab driver's
license.
All ayes - Carried. Absent - Jacobsen.
19. Licenses `
Motion by Luettinger, seconded by Ludeman to defer approval of the kennel
Council Meeting Minutes -11- September 10, 1979
license applications to the September 24, 1979, city council meeting and direct
the public health. department to make impromptu inspections on these locations.
All ayes - Carried. Absent - Jacobsen.
Motion by Luettinger, seconded by Ludeman that the following licenses be
approved:
Block Party Street barricade on Oak Grove at 73rd Street and
Aldrich, September 15, 1979, 4:00 p.m.' to midnight
Regular
Renewal Richfield Post Office
New Paradise Palace 6708 Lyndale
New- Cedar Avenue Shell, 6600 Cedar Avenue
New Fabian Seafood
Taxicab Drivers
New David Peet, 1513 E. Burnsville Parkway
New Kenneth Ewen, 4533 6th Plac®
New Jeffrey Klatt, 1608 W. Shore Drive
Nefa Charles Varone, 627 N.E. 19th Avenue
New Jack A11en, 10312 Wentworth Avenue
All ayes - Carried. Absent - Jacobsen.
20. Purchase in Excess_ of $1.,000 (Not on Agenda)
Vending machine,
cigarette, soft drink
Soft drink
Cigarette, soft drink
Transient food
Karl Nollenberger, City Manager, recommended city council approval for two
purchases in excess of $1;000 involving relocation of fencing and lights from
the Lyndale Garden Center that is located on the easement area which the city
is acquiring for the Lyndale Avenue ,improvement. The low estimates received
are as follows:
Fence - Minnesota Valley Fence Co. - $1,745
Light Standard - Cramer Electric Co. - $4,380
Motion by Ludeman, seconded by Collins. to authorize these purchases in
excess of $1,000, as recommended by the city manager.
All ayes - Carried. Absent - Jacobsen.
Council Meeting Minute$ -12- September 10, 1979
21. Wine License Study Committee (Not on Agenda)
Motion by Luettinger, seconded by Ludeman to waive the requirement regarding
elected officials and allow Judge Robert-Schumacher to remain on the Wine Licensing
Study Committee despite the fact he is an elected official.
All ayes - Carried. Absent - Jacobsen.
22. Adjournment
Motion by Collins, seconded by Luettinger that the meeting adjourn.
All ayes - Carried. Absent - Jacobsen. T" "" --
Date Approved: 9~ ~ g
9
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Sy a K. ergh Acting City rk Karl Nollenberger City Manager