11-10-1980CITY OF RICHFIELD
Regular Meeting
November 10, 1980
The city council of the City of Richfield met in regular session in the council
chambers of the city hall on Monday, November 10, 1980 at 7:00 p.m.
Mayor Priebe called the meeting to order at 7:06 p.m.
Present: Bunce, Collins, Luettinger, Priebe
Absent: Ludeman
Councilman Bunce led the Pledge of Allegiance.
• Pastor Fischers of Wooddal~ Baptist Church, gave the invocation.
1. Minutes
Motion by Luettinger, seconded by Bunce that the minutes of the regularly
scheduled meeting of October 27, and•the Capital Improvement meeting of October 30,
1980 be approved as submitted.
All ayes - Carried. Absent - Ludeman.
2. Presentation of Certificate of Appreciation
Mayor Priebe presented a Certificate of Appreciation to outgoing Civil Service
Commission member Arthur P. Anderson in recognition of his service to the Commission.
Mayor Priebe acknowledged the presence of Councilman-elect Don Hassenstab,
who was in the audience.
3. Opportunity for Members of the Audience to Address the City Council
Carol Gullickson, 6820 - 21st Avenue, appeared to request that the council
' reopen the 69th Street and 21st Avenue intersection which was vacated about one
year ago to permit expansion of the Rich Acres park.. Council members discussed
t his concern and suggested that the city monitor the situation during the winter
months to determine if the street vacation created traffic problems.
Council Meeting Minutes -2- November 10, 1980
4. Ordinance Amendment to Vacate a Portion of Pillsbury Avenue.. Second Reading.
City Manager Nollenberger advised the city council that second reading
consideration of this ordinance amendment had been deferred at the. request of the
applicant.
Motion by Bunce, seconded by Luettinger to continue this hearing to January 12,
1981, with the understanding that-the city manager will send a letter to United
National Corporation expressing dismay at their. continued delay in-this- matter:.
All ayes - Carried. Absent - Ludeman.
5. Variance Request, 6916 Queen Avenue
Community Development Director Dennis Kraft presented the background report,
regarding this request for a variance to reduce the required side yard setback
of five feet to the existing four feet for a newly constructed house at 6916
Queen Avenue. This house was built.by David Ames under the sponsorship of the
Richfield HRA Scattered Site Section 8 rent assisted housing project. At the
second survey on July 17, 1980 after the house was completed, it was discovered
that the house had been located between 8" and.l2" too close to the south side
lot and the total length of the house was approximately 2" too long. Mr. Kraft
reviewed the recommendation of the city manager for approval of-this variance,
inasmuch as the structure was completed, the negative effects are minimal
and the alternatives would be costly; and the planning commission recommendation
..for denial as they felt the granting of this variance could set a~precedent.
Mr. Kraft responded to council questions.
Donald Maki, 6920 Queen, and Judy Jansen, 6917 Queen, both spoke in opposition
to the granting of this variance.
Richard Blevins, 7539 Washburn, asked questions.
Council Meeting Minutes -3- November 10, 1980
Ronald Gonya, 6909 Queen, also offered testimony regarding this matter and
suggested that there was insufficient reason to deny the variance.
Motion by Collins, seconded by Bunce to close the. hearing.
All ayes - Carried. Absent - Ludeman.
Motion by Collins, seconded by Bunce to grant the variance.
Poll of votes: Ayes - Bunce, Collins, Priebe. Nays •- Luettinger, Absent - Ludeman.
Carried.
6. Variance Request, 7016 Harriet Avenue '
City Manager Nollenberger presented the request of John Bjostad, 7016 Harriet,
for a variance to reduce the required 10 feet side yard setback for two story
houses to the existing 5 feet, in order to construct a second story addition to
his one and one-half story house.
The applicant, John Bjostad, presented his proposal and answered council
questions.
Motion by Bunce, seconded by Collins to close the hearing.
A11 ayes - Carried. Absent - Ludeman.
Motion by Bunce, seconded by Collins to approve this application for variance.
A11 ayes.- Carried. Absent - Ludeman.
7. Ordinance Amendment Relating to Maintenance Assessments, L/H/N Area
City Attorney Clayton LeFevere presented information regarding the city's
legal rights to specially assess for certain current services, such as those
provided for the L/H/N area.
Bill 1980-24, "An Ordinance Amending the Ordinance Code of the City of
Richfield by Adding a New Part IV, to Chapter XII Thereof, Providing for the
Special Assessment of Costs of Certain Current Services", was read and reviewed
by .City Attorney;Clayton LeFevere, the same being on file in the office of the
city clerk. (C-9925)
Council Meeting Minutes -4- November 10, 1980
Motion_by Luettinger, seconded by Collins that this constitute a first reading.
of Bill-1980-24; that it .be published in.the official newspaper and that second
reading of this ordinance amendment be scheduled far November 24, 1980.
Poll of votes: Ayes - Bunce, Collins, Luettinger,-Priebe. Nays - None.. Absent -
Ludeman.
8. Disposition of City Owned Property
City Manager Nollenberger presented the information received in reply to
advertisEment for the sale of three pieces of city property.
6209 Twelfth Avenue - Bid of $500 from Dennis Tharaldson, 6215 Twelfth Avenue
6204 Morgan Avenue - Bid of $1,500 from Dean Wiley, 6210 Morgan Avenue
6204 Vincent Avenue - Bid of $1,000 from Mrs. Gertrude Holtby, 6210 Vincent
Avenue
Mr. Nollenberger recommended that the city council give first reading approval
to a transitory ordinance providing for the sale of these lots.
Bill 1980-25, Transitory Ordinance No. 16.70, "An Ordinance Providing for
the Sale of Certain City Owned Lots Along the Crosstown Highway", was read and
reviewed by City Attorney Clayton LeFevere, the same being on file in the office
of the city clerk. (C-9926)
Motion by Bunce, seconded by Luettinger that this constitute a first reading
of Bill 1980-25; that it be published in~the official newspaper and that second
reading of this ordinance amendment be scheduled for December 8, 1980.
Poll of votes: Ayes - Bunce, Collins, Luettinger, .Priebe. Nays - None. Absent -
Ludeman. Carried.
Mr. Dennis Tharaldson, 6215 - 12th Avenue, spoke in behalf of his bid for
the property at 6209 - 12th Avenue.
Motion by Bunce, 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:
---
Council Meeting Minutes -5- November 10, 1980
. RESOLUTION N0. 6336
RESOLUTION AUTHORIZING SALE OF
CERTAIN CITY OWNED LOTS ALONG THE CROSSTOWN HIGHWAY
Poll of votes: Ayes - Bunce, Collins, Luettinger, Priebe. Nays - None. Absent -
Ludeman. Carried. This resold.tion appears as Resolution No. 6336 in Resolution
Book No. 45.
9. Review of Housing Element of the Comprehensive Plan
Community Development Director Dennis Kraft summarized the Housing Element
Section of the Comprehensive Plan which discusses the housing needs and outlines
the city's goals and policies proposed for the next ten years to_meet those needs.
Council members discussed the policies and asked questions. Council members
Luettinger and Bunce indicated specific concern with proceeding on a "truth in
housing" type of program. Mayor Priebe indicated a need for strengthening the
policy commitment to energy conservation.
10. Mayor-Council Salaries
City Manager Nollenberger presented the council with a survey of other
cities' mayor and council salaries.. Mayor Priebe indicated his intent to accept
a salary no larger than the average of six selected communities which would be
$5,465 in 1981.
Martin Kirsch, 6725 Penn, spoke on behalf of appointing a bipartisan
committee to study council salaries and present a recommendation.
John Hamilton, 7220 Harriet, suggested that the council only accept salary
for meetings at which they are present.
George Tellgren, 6937 Upton, spoke on behalf of keeping salaries at a level
adequate to attract candidates to run for office.
11. Animal Control Report
City Manager Nollenberger presented the proposed animal control ordinance
- Council Meeting Minutes -6- November 10, 1980.
for council consideration. The proposed ordinance contained the provisions that-
--, were requested by the city council at the June 9, 1980 meeting.
The council discussed the desirability of having- some regulatory authority
to control cats that are at large or creating public nuisances.
Bill 1980-26, "An Amendment to Section 5.27, Subdivisions 9 and 16 and to
Appendix D, Section (12)i. of the Ordinance Code of the City of Richfield", dealing
with the restraint of dogs and the disposal of dangerous animals, was read and
reviewed by City Attorney Clayton LeFevere, the same being on file .in the office
of the city clerk. (C-9927)
- - Motion by Luettinger, seconded by Bunce that this constitute a first reading
of Bi11 1980-26; that it be published in the official newspaper and that second.
reading of this ordinance amendment be scheduled for December 8, 1980..
Poll of votes: Ayes - Bunce, Collins,. Luettinger, Priebe. Nays - None. Absent -
Ludeman. Carried.
Motion by Luettinger, seconded by Bunce to direct the city attorney to
develop an animal control ordinance amendment which would r~~a.~Y ~~ping cats
under control.
All ayes. - Carried. Absent - Ludeman.
12. Consent Agenda
Council member Collins requested that 11C be removed from the consent agenda..
Council member Bunce asked that 11B be removed from the consent agenda.
Motion by Bunce, seconded by Collins that the following consent items be
approved:
A. Approval of Developer's Agreement, Lyndale Hardware - C,L. 390
RESOLUTION N0. 6337
A RESOLUTION RELATING TO AN AGREEMENT FOR
PRIVATE DEVELOPMENT BETWEEN THE CITY OF
RICHFIELD AND THE S & M COMPANY: AUTHORIZING
CERTAIN AMENDMENTS THERETO
Council Meeting Minutes -7- November 10, 1980
D. Purchase in Excess of $.1,000 - C.L. 387
Tennis Court Lighting - Approve the quotation from Don Von Electric
in the amount of $8,700 to provide individual lighting capability
at Donaldson and Washington Parks tennis courts.
Tires - Authorize purchase of two tires for front end loader from
Ziegler Tire Service through Hennepin County purchasing in the
amount of $1,664.74.
E. Setting Date of Hearing on Community Development Block Grant - C.L. 383
Set the date of the public hearing to inform citizens about the CDBG
program for November 24, 1980.
F. Minutes, Tabulation of Bids, Award of Contract for Brush Chipper - C.L. 395
Authorize purchase of brush chipper, a Morbak Eeger Beever, from Road
Machinery and Supplies of Minneapolis, in the amount of $12,700, less
trade in of $3,500.
G. Claims and Payrolls
RICHFIELD BANK & TRUST
Checks 62761/63074 Payroll $ 166,522.25
Checks 1567/49228 rPneral 553,462.64
SUMMIT STATE BANK _
Checks 63276/63299 $1,525,239.32
H. Payments and Estimates
1. Brown & Cris, Inc., CP 705, storm sewer, first and final -
$8,177.50
2. Victor Carlson & Sons, CP 705, 7th and final, 100% complete,
Heyman Addition Public Improvements - $5,6b2.47
All ayes - Carried. Absent - Ludeman.
C. Deferral of Request for Vacating A11ey on Block & Tingdale Bros.
Lincoln Hills - C.L. 385 •
Council Meeting Minutes -8- November 10, 1980
City Manager Nollenberger explained the request for alley vacation between
66th Street and 67th Street-from Washburn and Vincent, and said that the applicant .
had requested deferral of the request for vacation.
Motion by Bunce, seconded by Collins to approve this request for deferral.
A11 ayes - Carried. Absent - Ludeman.
The council discussed the election process and problems.
B. Canvass of Election - C.L. 391
Motion by Bunce, seconded by Collins that the following ~esolu~ion be adopted;
that it be spread in the resolution book and that it be made a part of these minutes:
' RESOLUTION N0. 6338
RESOLUTION DETERIKINING RESULTS OF CITY GENERAL ELECTION
OF THE CITY OF RICHFIELD HELD ON TUESDAY, NOVEMBER 24, 1980
Poll of votes: Ayes - Bunce, Collins, Luettinger, Priebe. Nays - None. Absent -
Ludeman. Carried. This resolution appears as Resolution No. 6338 in Resolution
Book No. 45.
13. Adjournment
Motion by Bunce, seconded b~= ~uettinger that the meeting adjourn.
A11 ayes - Carried. Absent - Ludeman. Time: 10:15- p.m.
Date Approved: November 24, 1980
Sy a K. Bergh Acting Ci lerk~
Karl Nollenberger City Manager