11-28-1977CITY OF RICHFIELD
Regular Meeting
November 28, 1977
The Council of the City of Richfield met in regular session in the Council Chambers
of the City Hall on Monday, November 28, 1977 at 7:00 p.m.
The Rev. David Wilder of Bethany Covenant Church, gave the invocation.
The meeting was called to order by Mayor Loren L. Law.
Present: Jacobsen, Ludeman, Luettinger, Law
Absent: Anderson
1. Minutes
Motion by Ludeman, seconded by Luettinger to approve the minutes of the council
meeting of November 14, 1977 as printed.
A11 ayes - Carried. Absent - Anderson.
2. Second Reading of PUD Rezoning Ordinance Hub/Penny/Summit Area
The city manager reported that the joint parking agreement had not been finalized
between the property owners participating in the proposed PUD, and recommended that
the second reading of the proposed rezoning therefore be scheduled for the December 12,
1977 council meeting.
Motion by Luettinger, seconded by Jacobsen to continue second reading of Bill
1977-24, "Amendment to Appendix C of the Ordinance Code of the City of Richfield,
Minnesota", defining the boundaries of the various zoning districts of the city,
to the December 12, 1977 council meeting.
All ayes - Carried. Absent - Anderson.
3. Request for Deferral of Special Use Permit Application. Lindahl Olds,
1900 West 78th Street
The city manager advised the council that Lindahl Olds had not submitted all
of the information necessary to complete the special use permit application, and
therefore requested that the council defer this item indefinitely.
Motion by Jacobsen, seconded by Ludeman to defer consideration of this item
indefinitely.
Council Meeting Minutes -2- November 28, 1977
All ayes - Carried. Absent - Anderson.
4. Purchase in Excess of $1,000
The city manager requested the council to authorize an expenditure in the amount
of $1,247, to cover postal costs for mailing of the city's quarterly newsletter and
park and recreation program schedule.
Motion by Ludeman, seconded by Jacobsen to authorize this purchase in the
amount of $1,247.
All ayes - Carried. Absent - Anderson.
5. Renewal of Interceptor Sewer Maintenance Aereement with the Metropolitan Waste
Control Commission
The city manager requested the council to authorize renewal of an agreement with
the Metropolitan Waste Control Commission. This agreement provides that the Waste
Control Commission reimburse the city of Richfield for costs of maintenance the
city performs on interceptor sewers owned by the commission.
Motion by Jacobsen, seconded by Luettinger to authorize the mayor and the city
manager to execute the agreement on behalf of the city.
All ayes - Carried. Absent - Anderson.
Councilman Anderson arrived at 7:20 p.m.
6. Authorization to Enter Into an Agreement to Conduct Lime Sludge Disposal Study
The city manager informed the council that a series of meetings have been held
between Hennepin County and the cities of Richfield, Bloomington and Eden Prairie
regarding problems of lime sludge disposal. He informed the council that an agree-
went has been negotiated with Pfeifer and Schultz/HDR, Inc. to conduct a study on
behalf of Hennepin. County and the three cities to consider alternative methods for
disposing of the lime sludge generated by the water treatment plant process. Under
the terms of this agreement, Richfield's share of the cost of such a study will not
exceed $8,000. '
Council Meeting Minutes -3- November 28, 1977
Motion by Jacobsen, seconded by Luettinger to approve the agreement with
Pfeifer and Schultz/HDR, Inc. and authorize execution of the contract documents
by the mayor and the city manager.
All ayes - Carried.
7. Proposed Housing Referral and Relocation Grievance Procedures
Richard Krier, planning director, outlined proposed referral and relocation
grievance procedures which must be adopted both by the city council and the Housing
and Redevelopment Authority. These procedures are required under provisions of the
Uniform Relocation and Real Property Acquisition Policies Act of 1970.
Geri Christensen, 6929 10th Avenue, asked if anyone had made use of the
grievance procedure.
Motion by Luettinger, seconded by Ludeman to adopt the proposed referral and
relocation grievance procedure.
All ayes - Carried.
8. _Agreement Between the City of Richfield and Hennepin County and the City of
Bloomington for the 1978 Community Health Services Plan and Purchase of 1978
Personal Health Services
Joyce Wilde, administrative assistant, requested that the council authorize
execution of agreements with Hennepin County and the City of Bloomington to provide
for continuation of the Community Health Services program in 1978. Ms. Wilde sum-
marized Richfield's 1977 experience of the personal health programs provided through
the contract with Bloomington, and indicated that the proposed 1978 agreements
with Bloomington and Hennepin County will maintain these programs at the same
level.
Ms. Wilde also requested that the council authorize a transfer from the 1977
contingency fund to the 1977 health budget to provide for the approximate 6%
increase in the purchase of services agreement for 1978. This increase reflects
the increased personnel and supplies costs of providing the personal health services.
Council Meeting Minutes -4- November 28, 1977
Motion by Jacobsen, seconded by Ludeman to authorize execution of the agree-
ments with Hennepin County and the City of Bloomington.
All ayes - Carried.
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. 5824
RESOLUTION AUTHORIZING TRANSFER OF APPROPRIATION
FROM 1977 CONTINGENCY TO THE HEALTH DEPARTMENT
Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None.
Carried. This resolution appears as Resolution No. 5824 in Resolution Book No. 41.
9. Setting Date of Hearing for Liquor License Renewals
Motion by Anderson, seconded by Jacobsen to schedule December 12, 1977 as the
hearing date for consideration of applications for renewal of on-sale liquor licenses
issued to the Left Guard, Inc. and the Godfather, Inc.
All ayes - Carried.
10. Presentation by Mr. Patrick Colbert, Jr., Metropolitan Council Representative
Mr. Patrick Colbert, Jr., a recently appointed Metropolitan Council member who
represents the Richfield area, appeared before the council to extend his cooperation
in representing the interests of Richfield before the Metropolitan Council. Mr.
Colbert responded to several questions asked by members of the council and the audience
regarding issues under consideration by the Metropolitan Council.
11. Proposed Amendment to the Aviation Chapter of the Metropolitan Council
Development Guide
Richard Krier, planning director, summarized the concerns identified in the
staff and planning commission's review of the draft avaiation chapter of the Metro-
politan Development Guide as outlined in Council Letter No. 359. Mr. Krier
indicated that the major concerns relate to the continued viability of Richfield
as a residential community.
Council Meeting Minutes
Geri Christensen, 6929
Motion by Luettinger,
the planning commission and
the Metropolitan Council at
-5- November 28, 1977
10th Avenue, asked about the airport master plan.
seconded by Jacobsen to support the recommendations of
to request that these recommendations be forwarded to
a public hearing on the draft aviation chapter, which
will be held on November 29, 1977.
All ayes - Carried.
12. Discussion on Pornographic Materia_1
Councilman Ludeman indicated that several residents were in attendance at the
meeting to discuss their concerns with certain literature being displayed in local
stores.
The following individuals appeared before the council and expressed their
findings and concerns regarding the public display of "adult" literature in places
where young people can view such literature:
Bi11 South, 7621 Vincent
Glen Hermann, 6927 3rd Avenue
Geri Christensen, 6929 10th Avenue
Richard Ford, 7001 4th Avenue
Bill South, 7621 Vincent, presented legislation from other jurisdictions which
prohibit public display of such materials, and requested council consideration to
develop similar legislation in Richfield.
Motion by Ludeman, seconded by Anderson to refer the material introduced to the
city attorney for research and to request that the city attorney draft an ordinance
amendment for future council consideration, to regulate the display and sale of
indecent literature to persons under 18 years of age.
All ayes - Carried.
13. Discussion of Garbage and Refuse Collection Ordinance
Councilman Ludeman indicated that several questions had arisen regarding
the precollection practices described by Ordinance 6.06. The city manager and
city attorney summarized the process that is used within the city to regulate collection
Council Meeting Minutes -6- November 28, 1977
of garbage and refuse, and described several reasons for maintaining
the provisions of ordinance 6.06 relating to storage of garbage and refuse. No
action was taken.
Council recessed at 10:12 p.m. to conduct the HRA meeting. Council reconvened
at 10:45 p.m.
14. Item Not on Agenda
The council discussed the parking restrictions which the city manager and the
public works director proposed for the north side of 77th Street, near the Lee Wards
and LaBelle's retail stores. The city manager reported that the public works di-
rector had met with several area residents to explore proposed restrictions and
that the neighbors were in agreement with establishment of a restriction to be
placed on the north side of 77th Street from Stevens to Second Avenue which would
provide for no parking, Monday through Friday, 8:00 a.m. to 5:00 p.m.
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. 5826
RESOLUTION RELATING TO TRAFFIC CONTROL SIGNS
"NO PARKING 8 AM TO 5 PM EXCEPT SATURDAYS,
SUNDAYS AND HOLIDAYS" ON THE NORTH SIDE OF 77TH
STREET FROM SECOND AVENUE TO STEVENS AVENUE
Poll of votes: Ayes - Jacobsen, Ludeman, Luettinger, Law. Nayes - Anderson.
Carried. This resolution appears as Resolution No. 5826 in Resolution Book No. 41.
Ray Doerfler, 7644 2nd Avenue, reviewed his previously stated objections to
having an opening in the fence leading onto 77th Street from the Lee Ward's,
LaBelle property.
Mrs. Leone Pieper, 7645 Stevens, also expressed concern about the opening
in the fence and debris around the area.
Council Meeting Minutes -7- November 28, 1977
Motion by Ludeman, seconded by Luettinger to request the city manager to write
a letter to the property owner describing the councils desire to have an additional
fence segment of about 8 to 10 feet constructed at right angles to the present
fence, adjacent to the fence opening.
Poll of votes: Ayes - Jacobsen, Ludeman, Luettinger, Law. Nayes - Anderson.
Carried.
15. Change Order for Extension of Time of Contract for Pumps and Piping for
Well No. 7, City Project No. 695
The city manager informed the council that Lee Richert Plumbing & Heating
Company had requested a time extension for completion of the pump and piping for
Well No. 7, City Project 695, as they have experienced difficulties with equipment
deliveries.
Motion by Luettinger, seconded by Jacobsen to approve a 120 day extension
period to permit final installation of equipment of the pump and piping for Well
No. 7.
All ayes - Carried.
16. Claims and Payrolls
Motion by Jacobsen, seconded by Luettinger that the following claims and
payrolls be approved:
RICHFIELD BANK & TRUST
Checks 30811/32839 $1,210,743.96
SUMMIT STATE BANK
Checks 35645/35674 General $ 143,975.12
Checks 35843/36102 Payroll $ 135,270.09
All ayes - Carried.
17. Licenses
Motion by Luettinger, seconded by Jacobsen that the following licenses
be approved;
Council Meeting Minutes -8- November 28, 1977
Fee Waived
Renewal Lyndale Liquor Store, 6444 Lyndale Soft drink, ice mach
Renewal Cedar Liquor Store, 6636 Cedar Soft drink, ice mach
Renewal Penn Liquor Store, 6444 Penn Soft drink
Regular
Renewal Lyndale Gardens, 6412 Lyndale Christmas tree
Renewal Red Owl, 6601 Nicollet Off-sale beer
Renewal Penny's Supermarket, 6530 Pillsbury Off-sale beer
Renewal Eddy Arnold's Chicken, 6341 Penn Food, soft drink
Renewal Country Kitchen, 6531 Lyndale Music box
Renewal Penn Steak, 7345 Penn ~ Ice Machine, food, soft
drink, cigarette
Renewal Penn Embers, 6500 Penn Food, soft drink,
cigarette
Renewal Nicollet Embers, 6600 Nicollet Food, soft drink,
cigarette
Renewal Mr. Steak, 1420 E. 78th Street Food, soft drink,
cigarette
Renewal Los Bravos, 1504 E. 78th Street Music box
Renewal PDQ, 813 E. 66th Street Retail off-sale beer
Renewal Northstar Pizza, 500 E. 78th Street 3 Amusement machines
New Richfield High School VICA Club Christmas trees;
Renewal Kenny's Meats, 7138 Chicago Off-sale beer
Renewal Kenny's Meats, 6722 Penn Off-sale beer
Renewal Kenny's Meats, 1430 E. 66th Street Off-sale beer
Renewal Godfather, Inc., 708 W. 66th Street Music box, amusement
machine
Taxicab Drivers
New Michael P. O'Keefe, 1324 E. 78th Street, Richfield
New Bradley A. Moore, 2832 W. 70 1/2 Street, Richfield
New Richard J. Thayer, 4000 Parklawn, Edina
New Barry Borum, 3741 Cedar, Minneapolis
New Terry R. Hazel, 10225 Lyndale Avenue, Bloomington
New Dennis D. Davidson, 314 Harrison Avenue, Edina
New Richard M. Nelson, 11701 W. River Hills Drive, Burnsville
New David W. Fowler, 2220 E. 36th Street, Minneapolis
New Timothy D. Seaton, 9700 Blaisdell Avenue, Bloomington
New Gary P. Fursetzer, 4124 Beard Avenue, Minneapolis
New John L. McCoy, 4139 Lyndale, Minneapolis
New Bruce A. Kjelvik, 2938 Highway 8, St. Anthony
New Michael J. Fairchild, 1911 Newton Avenue N. Minneapolis
New John E. Fitzsimmons, 2579 Charlotte, Roseville
New Jeff M. Reimer, 4501 Oregon Avenue N., New Hope
New J. Warren Mead, 8341 Nicollet, Bloomington
All ayes - Carried.
Council Meeting Minutes -9- November 28, 1977
18. Items Not on Agenda
Councilman Anderson requested that the council adopt a resolution providing
that council members have the option to enroll in the health insurance plans
available to city employees with the understanding that any council member par-
ticipating in such a plan would pay the full premium cost himself.
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. 5827
RESOLUTION PROVIDING ENROLLMENT OF COUNCIL MEMBERS
IN EMPLOYEE HEALTH INSURANCE PLAN
-•
Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None.
Carried. This resolution appears as Resolution No. 5827 in Resolution Book No. 41.
The city manager reported there had been a misunderstanding when the council
had been requested to authorize "No Parking Anytime" regulations on the east side
of Humboldt Avenue at 63rd Street. The city manager requested that the council
rescind authorization of these signs.
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. 5825
RESOLUTION RELATING TO TRAFFIC CONTROL SIGNS
REMOVE "NO PARKING ANYTIME" SIGNS ON THE EAST
SIDE OF HUMBOLDT AVENUE FROM 63RD TO 64TH STREET
Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None.
Carried. This resolution appears as Resolution No. 5825 in Resolution Book No. 41.
The city manager advised the city council that Hennepin County had received
additional CETA funds, and requested council authorization to submit an application
for these funds.
Council Meeting Minutes -10~- November 28, 1977
Motion by Jacobsen, seconded by Luettinger to ratify the submission of a
Title VI (Conservation) CETA application.
All ayes - Carried.
19. Adiournment
Motion by Ludeman, seconded by Anderson that the meeting adjourn.
All ayes - Carried. Time: 11:25 p.m.
Date Approved: December 12. 1977
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Thomas J. Mo n City Clerk
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Wayne S. Burggraa City ager