10-22-1979CITY OF RICHFIELD
Regular Meeting
October 22, 1979
The City Council of•the City of Richfield met in regular session in the Council
Chambers of the City Hall on Monday, October 22, 1979, at 7:00 p.m.
Rev. Douglas A11en, pastor of Emerson Avenue Congregational Church, gave the
invocation.
The meeting was called to order by Mayor Loren L.~Law at 7:07 p.m.
Present: Collins, Jacobsen, Ludeman, Luettinger, Law
1. Minutes
Motion by Ludeman, seconded by Collins that the minutes of the regular meeting
of October 9, and the Joint Planning Commission/City Council meeting of October 15,
1979, be approved as presented.
All ayes - Carried.
2. Lyndale Garden Center Planned Unit Development
Karl Nollenberger, City Manager, advised the city council that the developer
retained by Lyndale Garden Center-for their site improvements was present to
apprise the council and staff of the proposed plans. He indicated that action
on the development would be deferred until the November 13th council meeting.
Mr. David Runyan, 4508 North Avenue, architect for Lyndale Garden Center,.
reviewed the proposed remodeling plans and answered questions.
Lawrence Wozniczka, 6744 Wentworth, speaking as a member of the RING Committee,
questioned the street modification of Aldrich Avenue and expressed concern for the
tax increment financing of the L/H/N.
Clayton LeFevere, City Attorney, responded to Mr. Wozniczka's concerns.
Councilman Ludeman stated that he wished to express for the record that the
L/H/N project is in good financial condition and ahead of schedule projections.
Dr. Roy Peterson, 6637 Lyndale Avenue, recommended an exit be planned for
Council Meeting Minutes -2- October 22, 1979
the posterior part of the garden center and indicated his concern for adequate
parking and traffic patterns as it relates to his property located north of the
Lyndale Garden Center.
Mr. Charles Adams, representing the estate of Charles Adams, Sr., advised
the council of pending litigation regarding property involving a portion of
Richfield Lake. He produced a map and pointed out the area that this litigation
will cover.
Mayor Law read a letter from Gertrude Ulrich, (C-9881) 7601 Aldrich, expressing
her approval of the plans for the future development of Lyndale Gardens.
Motion by Ludeman, seconded by Luettinger to continue this hearing to the
next city council meeting of Tuesday, November 13, 1979.
All ayes - Carried.
3. Amendment to Gambling Ordinance Relating to Bingo Operator Compensation.
First Reading.
Karl Nollenberger, City Manager, informed the city council that representatives
of the VFW had requested the Richfield bingo ordinance be amended to reflect an
amendment to Minnesota Statutes 349.17, Subd. 1. That amendment increased the
maximum compensation for certain persons conducting bingo from $12.00 to X20.00.
Bill 1979-22, "An Amendment to Chapter V, Part II, Section 5.19 of the Ordinance
Code of the City of Richfield" dealing with the licensing and regulation of certain
types of amusement and recreation, was read and reviewed by Clayton LeFevere, City
Attorney, the same being on file in the office of the city clerk. (C-9882)
Motion by Jacobsen, seconded by Collins that this constitute a second reading
of Bill 1979-22; that it be published in the official-newspaper and that second
reading of this ordinance amendment be schedu~7.ed for November 13, 1979.
Poll of votes: Ayes - Collins, Jacobsen, Ludeman, Luettinger, Law. Nays - None.
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Carried.
Council Meeting Minutes -3- October '22, 1979
4. Minutes, Tabulation of Bid and Award of Contract, Demolition of Jerry's
Standard Station,_ 6600 Lyndale Avenue
Karl Nollenberger, City Manager, advised the city council that three bids
had been received for the demolition of Jerry's Standard Station, 6600 Lyndale
Avenue, which is necessary to the L/H/N improvement project-Lyndale Avenue
construction. The low bid was received from Carl Bolander and Sons, Co., Minne-
apolis, in the amount of $9,950 and he recommended the council award the bid to
this party. `
Motion by Luettinger, seconded by Ludeman to award the bid for demolition of
Jerry's Standard Station to Carl Bolander & Sons. at the low bid price of $9,950.
All ayes - Carried.
5. Purchase in Excess of $1,000 - Paper Products
Karl Nollenberger, City Manager, advised the city council that a purchase
in excess of $1,000 to Wilcox Paper Company in the amount of $2,155.86 was
necessary to complete the distribution of the winter brochure, which includes
the city newsletter and information on park and recreation programs. He recom-
mended council approval of this purchase.
Motion by Luettinger, seconded by Jacobsen to approve the purchase of paper
from Wilcox Paper Company in the amount of $2,155.86.
A11 ayes - Carried.
6. Stipulations of Easement Agreement Relating to Lyndale Garden Center
Karl Nollenberger, City Manager, presented a stipulation agreement relating
to easements along the Lyndale Garden Center property. He indicated that, in
order to relocate the fence, lights and signs on this property, it was necessary
to receive permission from all parties having ownership in the property and that
legal counsel had recommended that, rather than seeking signatures on a temporary '
easement, a stipulation agreement be executed to permit the city to enter the
property. He recommended the city council authorize the necessary resolution
Council Meeting Minutes -4- October~22, 1979
authorizing the mayor and city manager to execute the stipulation agreement.
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. 6154
RESOLUTION AUTHORIZING
EXECUTION OF STIPULATION
Poll of votes: Ayes - Collins, Jacobsen, Ludeman, Luettinger, Law. Nays - None:
Carried. This resolution appears as Resolution No. 6154 in Resolution Book No. 43.
7. Release of Off-Street Parking Bond, 6421-27 Penn Avenue
Karl Nollenberger, City Manager, advised the city council that Donald J.
Von Bargen had complied with all the terms of his off-street parking agreement
and he recommended adoption of a resolution authorizing release of this perfor-
mance bond.
Motion by Luettinger, 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. 6156
RESOLUTION RELATING TO RELEASE OF BOND
ON OFF-STREET~PARKING
Mr. Donald Von Bargen
6427 Penn Avenue South
Location: 6421-27 Penn Avenue South
Use: Existing Commercial Building
Poll of votes: Ayes - Collins, Jacobsen, Ludeman, Luettinger, Law. Nays - None.
Carried. This resolution appears as Resolution No. 6156 in Resolution Book No. 43.
8. Authorization to Execute Agreement with Ahlquist Family, Lyndale Avenue
Improvement Project
Karl Nollenberger, City Manager, reviewed council action of October 9, at '
Council Meeting Minutes -5- October'22, 1979
which time just compensation was established for a permanent easement across
property owned by the Ahlquist family in the northeast corner of 65th Street
and Lyndale Avenue. He advised that an agreement for acquisition of this ease-
ment has now been drafted by the city attorney which commits the owners and the
city to fulfill certain obligations and he recommended council authorization to
execute this agreement.
Motion by Jacobsen, seconded by Ludeman to authorize the mayor and city
manager to execute the agreement between the Ahlquist family and the•City of
Richfield.
All ayes - Carried.
9. Authorization to Execute Agreement with Richfield Investment Company
and Richfield State Agency Lyndale Avenue Improvements
Karl Nollenberger, City Manager, advised the city. council that Richfield
Bank & Trust Company has indicated a willingness to donate an easement which
abuts their building to the city for sidewalk purposes, however, the bank has
expressed concern that it,may be desirable for them to have the assessment
abandoned sometime in the future when their expansion is completed. He pre-
sented an agreement for council approval which will provide for the following:
Donation of the easement abutting the bank to the city; abandonment
of this easement after completion of the bank's contemplated devel-
opment and after installation of a sidewalk by the city within the
existing right-of-way, and removal of the driveway and installation
of a sidewalk in front of the Professional Building at the expense
of the bank. '
The city manager recommended the council authorize execution of this
agreement.
Motion•by Jacobsen, seconded by Collins to authorize the mayor and city
manager to execute this agreement between the Richfield Investment Company,
the Richfield State Agency, Inc. and the City of Richfield.
All ayes - Carried.
Council Meeting Minutes -6- October. 22, 1979
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10. Discussion of Tot Lot Construction at Christian Park
Councilman Luettinger expressed his concern for the need for a tot lot at
Christian Park. ~•
Don Fondrick, Community Services Director, stated that since the park
attracts mainly older children, it would be advisable to locate the tot lot at
one end of the park.
Motion by Luettinger, seconded by Jacobsen to authorize the staff to contact
an architect to present plans for spring construction.
All ayes - Carried.
11. Discussion of Comprehensive Plan Issues and Concerns ~•
Rick Jopke, Acting Planning Director, reviewed a list of issues and concerns
compiled by the planning department that are relavent to the comprehensive plan.
The issues covered were sand use, housing, transportation, public utilitites and
community facilities.
The council discussed the needs. for additional housing for the elderly, the
need for subsidized housing, for a. variety of housing and the need for proper
road maintenance. The mayor and the council praised the neighborhood meetings
and the citizen input which had been the nucleus of this report.
12. Resolution Relatin to Joint Airport Zoning Board '
Karl Nollenberger, City Manager, advised the city council that the Metropolitan
Airports Commission (MAC) has requested the city's participation iii the creation of
a joint airport zoning board. This request was made in accordance with Minnesota ~~
Statutes 1978, Sections 360.061-360.074 which provides that MAC may request that
municipalities in which "airport Hazards" exist to form a joint zoning board.
The city manager recommended the city council appoint two persons to serve on the
board and adopt a resolution authorizing participation in the joint airport zoning
board.
Council Meeting Minutes -8- October 22, 1979
14. Report on Request for Special Uae Permit for 6605 First Avenue
Karl Nollenberger, City Manager, reviewed the application for a special use
permit of Fe Alveraz, 6605 First Avenue, which the council had denied at the
October 9, meeting. At that time the city council had felt that perhaps the realty
firm had misrepresented the possibility of the Alvarez's obtaining a special use
permit and council had requested the staff to contact the realtor involved. The
city manager indicated that after discussing the matter with city staff,~he was
of the opinion that-both parties had been properly informed, but that lack of
communication had resulted in the unfortunate misunderstanding between the
realtor and the Alvarez's.
Richard Blevins, 7539 Washburn, stated that the planning commission .had
denied the special use permit.
After some discussion the city council indicated they were of the opinion
that the staff had handled this application in a proper manner.
15. Resolution Relating to Energy Conservation and Appointments_to Energy
Awareness Committee
Karl Nollenberger, City Manager, presented two applications for the Energy
Awareness Committee for city council consideration. He recommended the city
council adopt a resolution authorizing the initiation of an energy conservation
program and appoint these individuals to the committee.
Motion by Collins, 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. '6158
RESOLUTION SUPPORTING INTERNATIONAL ENERGY
CONSERVATION MONTH, OCTOBER 1979
Po11 of votes: Ayes - Collins, Jacobsen, Ludeman, Luettinger, Law. Nays - None.
Carried.. This resolution appears as Resolution No. 6158 in Resolution Book No. 43.
Council Meeting Minutes -7- October,22, 1979
Motion by Jacobsen, seconded by Ludeman to appoint Councilman Luettinger
to serve as Richfield's representative on this Joint Airport Zoning Board.
A11 ayes - Carried.
Motion by Ludeman, seconded by Jacobsen to appoint Karl Nollenberger,
or his designee, to serve as representative on the Joint Airport Zoning Board.
A11 ayes - Carried.
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. 6157
_ CITY OF RICHFIELD
AUTHORIZING PARTICIPATION IN
JOINT AIRPORT ZONING BOARD
Po11 of votes: Ayes - Collins, Jacobsen, Ludeman, Luettinger, Law. Nays - None.
Carried. This resolution appears as Resolution No. 6157 in Resolution Book No. 43.
13. Discussion of Municipal Golf Course Budget
Karl Nollenberger, City Manager, reviewed the tentative 1980 golf course
budget.
Don Fondrick, Community Services Director, spoke regarding qualification
requirements for employees.
Bob Stai,~7439 Bloomington, a member of the Golf Course Committee, expressed
his pleasure with the proposed golf course.
Richard Blevins, 7539 Washburn, questioned the projected expenditures of
$268,026 and the revenues of only $209,847 as presented in the tentative 1980
budget.
The community services director responded by explaining that a $100,000 deficit
was planned for in the first three years of the project.
Motion by Jacobsen, seconded by Ludeman to adopt the 1980 golf course
budget.
All ayes - Carried.
Council Meeting Minutes -9- October 22, 1979
Motion by Collins, seconded by Jacobsen to appoint Dennis M. Louis, 6300
14th Avenue,~and Ms. Sharon L. Erding, 6742 Clinton Avenue, to serve on the
Energy Awareness Committee.
All ayes - Carried.
16. Proposal for Methodology to Conduct Classification Analysis
Karl Nollenberger, City Manager, outlined a proposal for conducting a class-
ification and compensation analysis for all city positions which are not"represented
by an organized bargaining unit. He indicated that the need for this study has '
become .more acute due to the recent reorganization changes since the last study
was made in 1970. The plan is to utilize city personnel as much as possible under
the supervision of a professional as trainer. After discussing this proposal with
five firms, the staff has agreed on the qualifications of Hugh Hawkins and recom-
mends that the city council approve retaining him to act as a trainer to the city
staff.
Lawrence Wozniczka, 6744 Wentworth, spoke in favor of a classification and
compensation study.
Motion by Jacobsen, seconded by Ludeman to approve the classification plan
and retain the consultant, Hugh Hawkins.
A11 ayes - Carried.
17. Authorization to Execute Agreement Designating Deputy Registrar
Karl Nollenberger, City Manager, advised the city council that Hennepin
County has changed their procedure regarding deputy registrar in that they now
require the City of Richfield to be the designated deputy registrar instead of .
a specific individual. The county has requested the city to execute a contract
agreement with them providing for this designation and duties of the deputy
registrar and the city manager recommended the council authorize execution of
this agreement.
Council Meeting Minutes -10- October. 22, 1979
Motion by Ludeman, seconded by Luettinger to authorize the city manager and
mayor to execute this agreement with Hennepin County designating the City of
Richfield as a motor vehicle deputy registrar.
All ayes - Carried.
18. Change Order Relating to Municipal Golf Course Construction Project
Karl Nollenberger, City Manager, presented several change orders relating
to the golf course project for city council approval.
A proposed change order in the contract with Bud Johnson Construction Company,
Inc., the buildings contractor, involves the following:
Add hand dryers, exterior post lighting copper service $+ 955
wiring
Add masonry and drywall work for duct realignment and + 697
coved base
Omit ceramic the base - 60
Omit wiring of pumps - 565
Total Change Order 1 009
Lee Richert Plumbing & Heating, Inc., the contractor for water wells and
pump equipment, is asking for a 70 day extension of the time of the contract.
This portion of the change order does not involve a dollar change in the contract.
The second part of the change order provides for additional wire and conduit for
well hookup, necessitated by well and controller relocation at a total additional
cost of $98.00.
Evetgreen Lawn Spring, Inc., the automatic irrigation contractor, is asking
for the following change order:
.Add two 6" and two 3"-zone valves $+ 892.62
Rework piping supply to hydrant + 300.00
Total Change Order ~ $+1,192.62
Motion by Luettinger, seconded by Ludeman to approve these change orders
as recommended by the city manager.
A11 ayes - Carried.
Council Meeting Minutes -11- October~22, 1979
19. Change Order Relating to L/H/N Area Improvement Project
Karl Nollenberger, City Manager, presented a change order in the amount of
$24,517 in the contract with Victor Carlson & Sons, Inc. for L/H/N area improve-
ments, CP 742. This change order provides for a total addition of $24,517 and a
subtraction of $950 for a net addition of $23,567.
The work covered by this change order includes the driveway off 65th Street
for the new Nelson's Restaurant at 65th and Nicollet Avenue in the amount of
$2,800. Part II of this change order is the removal of sidewalk and•curb and
gutter on old 65th Street through the Summit Bank property and blacktopping
same, in the amount of $6,915. Part III is the reopening of Pillsbury Avenue
at 65th Street in the amount of $11,830. Part IV is the construction of bitum-
inous curb at 66th and 65th Street intersections on Lyndale Avenue and a
bituminous walk at 65th and Lyndale Avenue. This cost is $2,972. Part V is
a subtraction of $950 from the contract for the elimination of plantings at
the Plaza Center.
Lawrence Wozniczka, 6744 Wentworth, stated he felt the charge for vacating
the curb near the Summit Bank should be borne by the bank. It was explained
that this was part of the overall concessions made in the PUD process.
Motion by Jacobsen, seconded by Ludeman to approve this change order in
the amount of $23,567 to City Project No. 742.
All ayes - Carried.
20. Payments and Estimates
Motion by Ludeman, seconded by Luettinger that the following payments
and estimates be approved:
A. Estimate ~~2, E1 Mac Landscaping. Seed, sod .and plant
material for golf course, CP 688, 52% complete - $28,575.04
Council Meeting Minutes -12- October 22, 1979
B. Estimate ~~2, 0 & P Contracting, Inc., utilities for golf
course, CP 688, 72% complete - $3,510.40
C. Estimate ~~2, Bituminous Roadways, Inc., pavement and concrete
for golf course, CP 688, 49% complete - $24,318.09
D. Estimate ~~5, Lee Richert Plumbing & Heating, water wells and
pump equipment for golf course, CP 688, 79% complete.- $28,069.04
E. Estimate ~k5, Carl Bolander & Sons, earthwork for golf course,
CP 688, 95% complete - $87,248.35
F. Estimate ~~1, Victor Carlson, Heyman Addition Improvements,
CP 742, L/H/N, 23% complete - $57,128.41
G. Estimate ~~2, Bentec Engineering, pump house control modif-
ications, CP 741, 70°lo complete - $27,990
H. Estimate ~kl, Lee Richert Plumbing & Heating, COZ bulk storage
for CP 740, liquid C02 feeder system, 12% complete - $6,703.20
I. Estimate ~k1, Kloster Madsen, Inc., general construction, Lyndale
Liquor Store improvements, CP 737, 17% complete - $14,044.10
J. Estimate ~k3, Viking Fence, fencing golf course, CP 688, 92%
complete - $1,884.75
All ayes - Carried.
21. Licenses
Denial of Taxicab Driver's License
Karl Nollenberger, City Manager, advised the city council that the public
safety director had recommended denial of the application of a taxicab driver's
license for John Jordan Kampmeyer, Jr.
Motion by Jacobsen, seconded by Ludeman to deny this request for a taxicab
driver's license.
All ayes - Carried.
Motion by Jacobsen, seconded by Collins that the following regular licenses
be approved:
REGULAR
New Hope's Chow Mein, 7627 Lyndale Food
New Gold Laundromat, 904 77 1/2 Street Candy machine
New Red Owl, 6601 Nicollet Off-sale beer, ice
machine, food, soft
drink, cigarette
Council Meeting Minutes -13- October 22, 1979
A11 ayes - Carried.
Motion by Luettinger, seconded by Jacobsen that the following taxicab
drivers licenses be approved:
TAXICAB DRIVERS
New Richard Rebers, 607 E. 15th Street
New David Fure, 4415 Chowen Avenue
New Bruce Fercho, 2512 Hennepin
New ~ Mark Shields, 8914 Fremont
New Jeffrey Kelm, 2805 36th Avenue
New Randy Tollefson, 6412 Chicago
New Stephen Larson, 7300 Cedar
New Steven Graham, 3019 Aldrich Avenue
New - Ralph Gilbertson, 3809 W. 103rd Street
New Walter Thompson, 729 E. 27th Street
New Terry Biederman, 7427 Penn Avenue
A11 ayes - Carried.
Motion by Collins, seconded by Ludeman that the following fee waived licenses
be approved:
FEE WAIVED
Renewal Church of Assumption, 305 E. 77th Street On sale beer, bingo
Renewal Church of St. Richard, 7540 Penn Avenue Food, soft drink,
bingo, on-sale beer
All ayes - Carried.
22. Claims and Payrolls
Motion by Jacobsen, seconded by Collins that the following claims and
payrolls be approved:
RICHFIELD BANK & TRUST
Checks 52920/53553 Payroll
Checks 41814/43553 General
$ 148,894.16
365,270.11
SUMMIT STATE BANK
Checks 51248/52930
$1,399,074.73
A11 ayes - Carried.
Council Meeting Minutes -14- October 22, 1979
23. Resolution Designationg Additional Depositories (Not on Agenda)
Karl Nollenberger, City Manager, recommended council adoption of a resolution
authorizing additional depositories for the investment of city funds in 1979.
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. 6155
A RESOLUTION DESIGNATING ADDITIONAL SAVINGS `
AND LOAN ASSOCIATIONS AND BANKS AS DEPOSITORIES
FOR THE INVESTMENT OF CITY FUNDS IN 1979
Po11 of votes: Ayes - Collins, Jacobsen, Ludeman, Luettinger, Law. Nays - None.
Carried. This resolution appears as Resolution No. 6155 in Resolution Book Na. 43.
24. Changing Time of Council Meeting (Not on Agenda)
Karl Nollenberger, City Manager, recommended the date of the November 26
city council meeting be changed inasmuch as three of the members will be out
of town.
Motion by Jacobsen, seconded by Ludeman that the November 26 city council
meeting be held on November 29, 1979, at 7:00 p.m.
All ayes - Carried.
25. Setting Date of Special Meeting (Not on Agenda)
The council agreed to hold a special meeting on November 19, 1979, at 5:30
p.m. to discuss the police and fire actuarial reports and at 7:00 p.m. hold
further discussions on the 1980/85 Capital Improvement Program, alleys, storm
sewers and sidewalks.
26. Adjournment
Motion by Luettinger, seconded by Jacobsen that the meeting adjourn.
All ayes - Carried. Time: 10:00 p.m.
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Council Meeting Minutes -15-
Date Approved: November 13, 1979
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Sy a R. Bergh Acting y Clerk
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Karl Nollenberger ty Manager