10-09-1979CITY OF RICHFIELD
Regular Meeting
October 9, 1979
The City Council of the City of Richfield met in regular session in the Council
Chambers of the City Hall on Tuesday, October 9, 1979, at 7:00 p.m.
Rev. Wilder, of Bethany Covenant Church, gave the invocation.
The meeting was called to order by Mayor Loren L. Law.
Present: Collins, Jacobsen, Ludeman, Luettinger, Law
1. Minutes
Motion by Luettinger, seconded by Collins that the minutes of the September 24,
1979, city council meeting be approved as submitted.
All ayes - Carried.
2. Regort b~CATV Committee
Emil Shipka, 6444 James Avent+.e, speaking for the Citizen Cable TV Advisory
Committee, reported on the results of the needs assessment study. He reported on
the survey mailed to residents and indicated that the committee was very pleased
with a 40% return.
The council asked several relevant questions of Mr. Shipka, and Mayor Law
indicated the value of the high schools having access to cable TV as a teaching aid.
Lawrence Wozniczka, 6744 Wentworth, expressed concern for overhead lines
running parallel to the street.
The city manager advised that cable companies' above ground lines are
cheaper.
Motion by Jacobsen, seconded by Luettinger to commend the CATV Committee
for their excellent report.
All ayes - Carried.
Motion by Jacobsen, seconded by Ludeman to accept the report of the Citizen's
Advisory Committee on Cable Television and direct .the staff to implement all
Council Meeting Minutes -2- October 9, 1979
advisory committee recommendations in the development of the proposed request for
bids, the proposed franchise ordinance and the analysis of cable television bids
which are received, should the city council issue a request for bids.
All ayes - Carried.
3. Request for Variance, 6824 Penn Avenue
Karl Nollenberger, City Manager, reviewed the request of Elmer Sorensen,
6824 Penn Avenue, for a variance to reduce the established front yard setback of
45.3 feet to 39.3 feet to enable him to enclose the existing front porch of Penn
Cycle. This property is zoned general commercial and the applicant operates a
bicycle sales and service building.
The city manager advised that the staff had recommended denial of this
variance inasmuch as it does not meet the three conditions required; and that
the planning commission had recommended granting the variance.
Motion by Ludeman, seconded by Jacobsen to close the hearing.
All ayes - Carried.
Motion by Ludeman, seconded by Luettinger to grant the variance to the
front yard setback.
A11 ayes - Carried.
4. Requests for Variances to Front Yard Setback at 1717 East 66th Street and
Rear Yard Setback at 6601 - 17th Avenue South
Karl Nollenberger, City Manager, presented the request of Dr. Leonard H.
Arndt for setback variances to allow construction of an addition to an existing
dental office at 1717 East 66th Street, as outlined in Council Letter No. 303.
The variance on the front yard would reduce the existing setback at 1717. East
66th Street from 20 feet to 7.5 feet, and the rear yard variance would r-educe
the required setback at 6601 - 17th Avenue South from 25 feet to 0 feet.
The city manager reviewed the recommendation .of the staff that the variances
Council Meeting Minutes -3- October 9, 197`?
be denied because the proposal does not meet the three criteria necessary for granrir
a variance; however, they recommended that should the council decide to grant the
variances, it should be stipulated that the dental firm purchase the lot at 6601 -
17th Avenue and resubdivide the properties into one lot.
Dr. Leonard H. Arndt, the applicant, appeared in support of his request and
stated he had~a "gentleman's" agreement to purchase the adjoining property.
Motion by Jacobsen, seconded by Luettinger to close the hearing.
All ayes - Carried.
Motion by Luettinger, seconded by Jacobsen to grant the setback variances as
requested by the applicant, subject to the stipulation that the applicant purchase
the property at 6601 - 17th Avenue and resubdivide the two properties into one lot.
All ayes - Carried.
5. Request for Special Use Permit, 6605 First Avenue
Rick Jopke, Acting Planning Director, reviewed the request of Fe V. Alvarez to
operate a. beauty shop in the home she has purchased at 6605 First Avenue. Mr.
Jopke reported that the applicant had operated a beauty shop in her former residence
at 367 Apple Lane, however, she plans to hire a full time employee in her new
location and this application would require a special use permit.
Mr. Jopke reviewed the staff recommendation for denial of this special use
permit in order to limit the volume of the home occupation business and to minimize
the impact on the surrounding neighborhood. The planning commission also recommended
that the special use permit be denied.
Rev. Robert Riley, 7233 Queen Avenue, pastor of the Southview Baptist
Church, owner of the vacant lot adjacent to 6605 First Avenue, spoke in favor of
the proposed beauty shop on this property.
Herbert Olson, 6638 First Avenue, presented a petition (C-9880) in opposition
to this proposed special use permit.
Council Meeting Minutes -4- October 9, 1979
Opal D. Hamel, 6613 First Avenue, and F. Gordon Harder, 6632 First Avenue,
also spoke in opposition to this proposed special use permit.
Councilman Ludeman stated that he was opposed to issuing a special use permit
where more than the home owner is employed.
Councilman Luettinger: stated he was-concerned about the fact that the realtor
that sold the Alvarez's the house may have mislead them by indicating approval would
be granted by the health/building inspector to permit this type of home occupation.
Motion by Ludeman, seconded by Jacobsen to close the hearing.
A11 ayes - Carried.
Motion by Ludeman, seconded by Luettinger to deny the special use permit and
to request the staff to determine what information was given by the inspection
department and the realtor to the Alvarez's, and to report back to the city council
at the next meeting.
All ayes - Carried.
6. Transitory Ordinance for Vacation of A11ey in Block 4, New Ford Town.
Second Reading.
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 John Dean, Assistant City Attorney, the same being on file in the office of the
city clerk. (C-9877)
Motion by Luettinger, seconded by Jacobsen that this constitute a second reading
of Bi11 1979-20; that it be published in the official newspaper and that it be made
a part of these minutes..
Po11 of votes: Ayes - Collins, Jacobsen, Ludeman, Luettinger, Law. Nays - None.
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Carried.
Council Meeting Minutes -5- October 9, 1979
7. Transitory Ordinances for Vacation of a Portion of Weft 65th Street and_an
Unnamed Street Easement North of Rae Drive and South_of Richfield Lade.
Second Reading.
Karl Nollenberger, City Manager, presented two transitory ordinances relating
to street vacations in the 92 unit condominium area on the former Woodlake school
site for council second reading consideration.
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 John Dean, Assistant City Attorney,
the same being on file in the office of the city clerk. {C-9875)
Motion by Ludeman, seconded by Luettinger that this constitute a second reeding
of Bill 1979-18; 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.
Bill 1979-19, Transitory Ordinance No. 1b.62, "An Ordinance Providing for
the Vacation of a Portion of West fi5th Street", was read and reviewed by John Dean,
Assistant City Attorney, the same being on file in the office of the city clerk.
(C-9876)
Motion by Ludeman, seconded by Luettinger that this constitute a second reading
of Bill 1979-19; 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.
8: Ordinance Amendment Relating to City Organizati~n.__3ecand Reading.
Karl Nollenberger, City Manager, presented an ordinance amendment relating to
the restructuring of the city organization for council second reading consideration.
Council Meeting Minutes' -6- October 9, 1979
Bi11 1979-21, "An Amendment to Chapter II, Part II, and Section 2.29, Part
III of the Ordinance Code of the City of Richfield", was read and reviewed by
John Dean, Assistant City Attorney, the same being on file in the office of the
city clerk. (C-9878)
Motion by Luettinger, seconded by Jacobsen that this constitute a second reading
of Bill 1979-21; 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. .
9. Request to Solicit Bids, Air Warning Siren Improvement Project. (Phase II)
Karl Nollenberger, City Manager, advised the city council that the 1979/80
public safety department budget includes an appropriation for continuation of the
Air Warning Siren Improvement Project. He indicated that the first phase of this
project has been completed and the city has now received federal approval to
initiate the second phase of the program, and he recommended authorization to
advertise for bids for the air warning sirens.
Motion by Ludeman, seconded by Luettinger to authorize the advertisement for
bids to implement Phase II of the siren warning improvement project.
All ayes - Carried.
10. Purchases in Excess of $12000
Karl Nollenberger, City Manager, presented the following purchases in excess
of $1,000 for council consideration.
Fencing
Three quotations were received for fencing and related material to be used
in fencing the golf course perimeter, the low bid from Crowley Fence Company in
the amount of $9,200.
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Council Meeting Minutes -7- October 9, 1979
Liquid Carbon Dioxide
A carbon dioxide feeder unfit is being installed at the water treatment plant
to implement updating of various controls. Two quotations were received for liquid
carbon dioxide, the lower from Chemetron Corp., Cardex Division, in the amount of
$41.93 per ton. It is estimated that 200 tons will be needed for_the first year's
operation, resulting in a total purchase price of $8,386.
Motion by Jacobsen, seconded by Luettinger, to authorize the purchase of
fencing and gate materials from Crowley Fence Company in the amount of $9,200; and
the purchase of 200 tons of liquid carbon dioxide from Chemetron Corp., Cardex
Division, in the amount of $8,386.
All ayes - Carried.
10. Request for Approval of Architectural AgreementZ Adams Hill Park Improvement
Proiect
Karl Nollenberger, City Manager, reviewed the redevelopment scheduled for
Adams Hill Park scheduled for 1979 and 1980. He indicated that funding for this
project will be derived from Community Development Block Grant monies. The first
necessary action is the negotiation of an agreement with an architect for the
design of the park building and facilities and the Community Services staff has
recommended executing an agreement with Robin-Schwarz joint venture.
Don Fondrick, Community Services Director, responded to questions from the
city council regarding funding and development of this project.
Motion by Jacobsen, seconded by Collins to concur with the city manager's
request to retain the services of Robin-Schwarz to provide architect/park planning.
All ayes - Carried.
11. Release of Contract and Approval of Final Payment, Fremont Park Improvements
Karl Nollenberger, City Manager, advised the city council that timber work
Council Meeting Minutes -8- October 9, 1979
provided by All American Recreation and Sales, Inc, at Fremont Park had been
completed and a dispute regarding completion of the work had been resolved. He
recommended that the city council authorize execution of a release of payment.
Motion by Ludeman, seconded by Jacobsen to authorize the mayor and city manager
to execute this release and authorize payment of $364.25 to All American Recreation
and Sales, Inc.
All ayes - Carried.
12. Establishment of Just Compensation and Initiation of Negotia_t_i_ons for Purchase
of Lyndale Avenue Sidewalk and Landscape Easement Areas r
Karl Nollenberger, City Manager, reviewed the modification of Lyndale Avenue
sidewalk improvements adjacent to the properties of Mark Ahlquist, 6439-65 Lyndale
Avenue, and Richfield State Agency, 66th and Lyndale. The improvements will involve
the city acquiring additional easements from these two properties and the city
manager recommended the city council adopt the necessary resolution authorizing
these negotiations.
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. 6147
RESOLUTION ESTABLISHING JUST COMPENSATION
AND PROVIDING FOR THE COMMENCEMENT
OF NEGOTIATIONS FOR THE PURCHASE OF
PERPETUAL EASEMENTS, LYNDALE AVENUE
Poll of votes: Ayes - Collins, Jacobsen, Ludeman, Luettinger, Law. Nays - None.~y~
Carried. This resolution appears as Resolution No.-6147 in Resolution Book No. ~3-.
13. Dedication of Pub_1ic Property to the Lyndale Avenue Imurovement Proiect
Karl Nollenberger, City Manager, advised the city council that the pedestrian
improvements being constructed along Lyndale Avenue in the L/H/N project area are
being constructed within perpetual easement areas granted to the city. He indicated
Council Meeting Minutes -9- October 9, 1979
that to meet federal requirements it is necessary for the city to dedicate an easement
in front of the Lyndale Avenue Liquor Store property. This property is presently
under public ownership in the name of the liquor operation and the easement is
necessary to insure that the improvements remain in public ownership. He recommended
that the city council approve the resolution dedicating this easement area to the
city.
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. 6148
RESOLUTION DEDICATING PUBLIC
IMPROVEMENT TO THE LYNDALE
AVENUE IMPROVEMENT PROJECT
Poll of votes: Ayes - Collins, Jacobsen, Ludeman, Luettinger, Law. Nays - None.
~~
Carried. This resolution appears as Resolution No. 6148 in Resolution Book No.~
14. Execution of Perpetual Easement Purchase Agreement with VFW 5555
Karl Nollenberger, City Manager, recommended the city council approve the
purchase agreement between the city. and the VFW Post 5555 for the perpetual easement
on their property fronting Lyndale Avenue. This perpetual easement is needed to
construct the Lyndale Avenue improvement project.
Motion by Jacobsen, seconded by Ludeman to authorize the mayor and city
manager to execute this purchase agreement with the VFW on behalf of the city.
All ayes - Carried.
15. Execution of Perpetual Easement Purchase Agreement with Kentucky Fried
Chicken National Management Company for Lyndale Avenue Project
Karl Nollenberger, City Manager, advised the city council that Kentucky Fried
Chicken has recently agreed to sell the city two easements, a temporary construction
Council Meeting Minutes -10- October 9, 1979
easement and a permanent easement.
He recommended the city council adopt the resolution authorizing the city
to enter into a purchase agreement for these two easements in the amount of $17,700.
Motion by Ludeman, seconded by Jacobsen 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. 6149
RESOLUTION AUTHORIZING EXECUTION OF PURCHASE
AGREEMENTS BETWEEN THE CITY OF RICHFIELD
AND KENTUCKY FRIED CHICKEN NATIONAL
MANAGEMENT COMPANY FOR LYNDALE AVENUE EASEMENTS
Poll of votes: Ayes - Collins, Jacobsen, Ludeman, Luettinger, Law. Nays - None~.[~
Carried. This resolution appears as Resolution No. 6149 in Resolution Book No.--~
16. Request to Waive Parking Restrictions
Karl Nollenberger, City Manager, recommended the city council authorize waiving
of parking restrictions in the area of Central School on October 11 and 12, between
the hours of ,9:00 and 5:00 p.m. to permit off-street parking during a special
meeting of the school district.
Motion by Jacobsen, seconded by Collins to authorize the public safety department
to implement the waiving of parking restrictions in this area.
All ayes - Carried.
17. Nuisance Abatement and Ordinance Revision Relatin to Cedar Industries,
6311 Cedar Avenue South '
Karl Nollenberger, City Manager, reported on the staff's findings in investi-
gating the request of Cedar Industries, 6311 Cedar Avenue, for an ordinance
revision which would allow them to operate their punch press, and the complaint of
the Airport Pet Hospital regarding the noise level of Cedar Industries' work. He
indicated the feelings of the staff were that it would be inappropriate to change
Council Meeting Minutes -11- October 9, 1979
the ordinance now until the possibility of protective design measures have been
investigated in both the buildings. Since the city does not have the equipment
or expertise to determine vibrations nuisances, it was suggested that Cedar Indus-
tries and the Airport Pet Hospital hire a consultant to study the noise and vibration
problems.
Mike Scherling, owner of Cedar Industries, expressed his desire to have the
city ordinance amended to allow him to continue his business.
Motion by Jacobsen, seconded by Collins to defer action on this matter and
to appoint the city manager to act as a mediator between these two parties.
A11 ayes - Carried.
18. Additional Collateral Agreement with Summit State Bank
Karl Nollenberger, City Manager, presented a resolution for council adoption
C
which would approve additional collateral pledged by the Summit State Bank in the
amount of $449,653.76. This additional collateral pledge is necessary to cover
additional investments of the city.
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. 6150
RESOLUTION APPROVING ADDITIONAL COLLATERAL
FOR THE SUMMIT STATE BANK, A DEPOSITORY OF
FUNDS OF THE CITY OF RICHFIELD
Poll of votes: Ayes - Collins, Jacobsen, Ludeman, Luettinger, Law. Nays - Noneyycc~
Carried. This resolution appears as Resolution No. 6150 in Resolution Book No.-~
19.
for
'laces and De
for the
Karl Nollenberger, City Manager, presented a resolution providing for polling
places and designating judges for the coming general election on November 6, 1979,
for city council approval.
Council Meeting Minutes -12- October 9, 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. 6151
RESOLUTION PROVIDING FOR POLLING PLACES AND DESIGNATING
JUDGES FOR GENERAL ELECTION - NOVEMBER 6, 1979 _
Po11 of votes: Ayes - Collins, Jacobsen, Ludeman, Luettinger, Law. Nays - None.
Carried. This resolution appears as Resolution No. 6151 in Resolution Book No.
20. Designation of Auditor to Conduct 1979 Audit
Karl Nollenberger, City Manager, advised the city council that two auditing
firms had submitted information indicating an interest in conducting the 1979 city
audit; Olson & Clough, who has conducted former audits, and the firm of Robert G.
Engelhart & Co.
After a brief discussion the council agreed to continue with the services of
Olson & Clough.
Motion by Ludeman, seconded by Jacobsen to appoint Olson & Clough as the auditing
firm for the year ending December 31, 1979, and authorize the mayor and city manager
to execute an agreement.
A11 ayes - Carried.
21. Resolution Regarding LOGIS Computer System Financing
Rarl Nollenberger, City Manager, advised the city council that the LOGIS
organization is in the process of acquiring a new computer system 'and they were
requesting each member city to execute a resolution which indicates the city's
intent to use the computer system only through LOGIS.
Motion by Ludeman, seconded by Jacobsen that the following resolution be
adopted; that it be spread in the resolution book and that it be made a part
of these minutes:
Council Meeting Minutes
-13-
RESOLUTION N0. 6152
RESOLUTION REGARDING LOGIS
October 9, 1979
Poll of votes: Ayes - Collins, Jacobsen, Ludeman, Luettinger, Law. Nays - None.
Carried. This resolution appears as Resolution No. 6152 in Resolution Book No. +~3'.
22. Changing the Date of the December 24, 1979 City Council Meeting
Karl Nollenberger, City Manager, requested that the city co~.ncil consider
rescheduling .the December 24, city council meeting to~a more appropriate time.
Motion by Luettinger, seconded by Ludeman to reschedule the December 24,
city council meeting to December 27, 1979.
All ayes - Carried.
23. Payments and Estimates
Motion by Jacobsen, seconded by Ludeman that the following claim and estimate
be approved:
Estimate ~~7 to Fischer Construction - General construction 100% complete
Christian Park, CP 719 - $700.00
All ayes - Carried.
Motion by Ludeman, seconded by Jacobsen that the following claim and estimate
be approved:
Estimate ~~5 to Bud Johnson - Construction on golf course clubhc,use and
maintenance building, CP 688 - 88.5%° complete - $21,828.40
A11 ayes - Carried.
24. Licenses
Motion by Luettinger, seconded by Jacobsen that the following license be approved:
Fee Waived
New Senate District 37 I. R. Party, 6809 Wentworth Itinerant food
All ayes - Carried.
Council Meeting Minutes -14- October 9, 1979
Motion by Jacobsen, seconded by Co11i~s that the following licenses be approved:
REGULAR
Renewal Arby's, 66th and Penn Ice machine, cigaret
Food Establishment
New Vickers Station, 7645 Lyndale Soft drink
New PDQ Food Store, .607 E. 77th Street Retail off-sale
TAXICAB DRIVERS
New Kevin James Dodey, 7201 York Avepue
New Michele Delaney, 3305 - 39th Avenue So.
New Michael Richard Haupt, 3920 W. Valley View Drive, B1
New Douglas Paul Peterson, 9024 Morgan Avenue So.
New Gary Swanson, 3208 Dana Drive, Burnsville
New Thomas James Sloan, 885 Portland, St. Paul
A11 ayes - Carried.
Temporary Sign Permit
Karl Nollenberger, City Manager, reviewed the request of Mark Ahlquist for
a temporary sign permit for 6439 Lyndale to be used between October 10, and
November 10. The sign would be used to promote the Sony Sound business at that
address.
Motion by Luettinger, seconded by 3acobsen to approve this temporary sign.
All ayes - Carried.
Denial of Taxicab Driver's License
Karl Nollenberger, City Manager, presented the recommendation of the public
safety director that the application for a taxicab driver's license of Buddie
Lee Brandt be denied.
Motion by Jacobsen, seconded by Ludeman to deny the issuance of this taxicab
driver's license.
All ayes - Carried.
25. Additional Discussion
CATV Committee
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fl
Karl Nollenberger, City ManaKer, requested council direction on the future
Council Meeting Minutes -15- October 9, 1979
of the Cable Television Advisory Committee.
Motion by Ludeman, seconded by Collins that the Cable Television Advisory
Committee be asked to continue in existence to help in the evaluation of the
franchise ordinance and request for application forms now being developed by the
Southwest Cable Commission.
A11 ayes - Carried.
Motion by Luettinger, seconded by Ludeman to request the Southwest Cable
Commission to provide ample time in their franchising schedule for our local
committee to review the ordinance and application requests and make recommendations.
All ayes - Carried.
Special Assessments
Mayor Law stated that one of the assessments made at the last meeting
included an elderly gentleman who felt he did not owe the assessment.
Motion by Ludeman, seconded by Luettinger to rescind the assessment for
weed destruction against Mr. Peach at 6600 Columbus.
All ayes - Carried.
Luettinger
Councilman i~d~a~€ indicated he had reconsidered his vote on the item
regarding Approval of Architectural Agreement, Adams Hi11 Park Improvement
Project and wished the record to show he had voted "nay".
26. Adjournment
Motion by Jacobsen, seconded by Ludeman that the meeting adjourn.
All ayes - Carried. Time: LO:23 p.m.
Date Approved: ~O/~~/~
ren L. Law Mayor
/'~
Sy is K. Bergh Actin ity Clerk Karl Nollenberger City Manager