08-14-1978CITY OF RICHFIELD
Regular Meeting
August 14, 1978
The Council of the City of Richfield met in regular session in the Council
Chambers of the City Hall on Monday, August 7:4, 1978, at 7:00 p.m.
Pastor Ralph J. Larson, House of Prayer Lutheran Church, gave. the invocation.
The meeting was called to order by Mayor Loren L. Law.
Present: Anderson, Jacobsen, Ludeman, Luettinger, Law
1. Minutes
Motion by Anderson, seconded by Ludeman that the minutes of the regular council
meeting of July 24, 1978, be approved as submitted.
A11 ayes - Carried.
2. Request for Special Use Permit, Variance and Off-Street Parking Contract,
3020 West 66th Street
Wayne Burggraaff, City Manager, advised the council that Carlson Properties, Inc..
had withdrawn its application for a special use permit and parking variance to construct
a restaurant.
Motion by Luettinger, seconded by Ludeman to accept the withdrawal request.
All ayes - Carried.
3. Request for Special Use Permit, Variance and Off-Street Parking Permit,
1200 East 78th Street
Richard Krier, Planning and Redevelopment Director, reviewed the staff recom-
mendation for a special use permit and variance as outlined~in. Council Letter No. 239.
He reported the staff had recommended denial of this request on the basis of potential
traffic problems and the planning commission had recommended approval.
Mr. David Webb, 513 Summit Avenue, St. Paul, the applicant, reviewed his
proposed restaurant plans. He also submitted a petition signed by residents of the
surrounding area stating their approval to the restaurant (C-9839)
Council Meeting Minutes -2- August 14, 1978
Steven Lindgren, 7132 - 12th Avenue, presented the planning commission
recommendation for approval.
James Ventue, BRW traffic engineer representing the applicant, reviewed the
expected traffic volumes that would be generated by the operation of the restaurant.
Mrs. Carolyn Syverson, 7644 - 13th Avenue, spoke in-favor of the proposed
restaurant.
Rev. Bert Opsal, 7544 - 12th Avenue,spoke in opposition to on-sale liquor.
Mrs. Lloyd C. Johnson, 7609 12th Avenue, spoke against encouraging more
pollution in -the area.
Motion by Ludeman, seconded `by Jacobsen to close the hearing..
A11 ayes - Carried.
Motion by.Ludeman, seconded by Jacobsen to grant the special use.permi~-and.
the variance, sub3ect to staff approval of the site and building plans.
All 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 ~..-part of
these minutes:
,RESOLUTION N0. 5935
RESOLUTION APPROVING LAYOUT AND CONTRACT -
FOR OFF STREET PARKING IN ACCORDANCE WITH
APPLICATION N0. 78-10,~ CONTRACT N0. 2273
DAVID WEBB
LOCATIONi 1200 EAST 78TH STREET
USE: RESTAURANT SERVING LIQUOR
T00 GOOD'S RESTAURANT
Poll of votes: Ayes -Anderson, Jacobsen, Ludeman,,~Luettinger, Law. -Nays - None.
Carried. This resolution appears as Resolution No. 5935 in Resolution Book No. 42.
Motion by Ludeman, seconded by'Jacobsen to'set•the date of hearing on the reques
for a liquor license for this establishment for September 11, 1978, and to request
Council Meeting Minutes -3- August 14, 1978
the city clerk to publish the necessary legal notice.
All ayes - Carried.
4. Request for Special Use Permit, 6336 James Avenue
Richard Krier, Planning and Redevelopment Director, reviewed the request of Mr.
Harold Lee, 6336 James Avenue, for a special use permit to allow the teaching of
swimming lessons at his residential pool, as outlined in Council Letter No. 229.
Steven Lindgren, 7132 - 12th Avenue, presented the planning commission deliberations
and their recommendation for approval of granting this special use permit.
Harold Lee, the applicant, was present and spoke in behalf of his petition.
Speaking in favor of the special use permit were Mr. and Mrs. Bob Lafferty,
6630 Humboldt, and Mr. Al VandeKamp, 6245 Irving.
Mr. John Manthey, 6344 James, spoke against the granting of this special use
permit.
Motion by Anderson, seconded by Jacobsen to close the hearing.
All ayes - Carried.
Motion by Jacobsen, seconded by Ludeman to grant the special use permit,
subject to the following stipulations:
1. That classes be limited to a maximum of six students at any one time;
2. That classes be taught only between the hours of 12:00 p.m. to 3:30 p.m.;
3. That classes be taught only by American Red Cross certified Water
Safety Instructors.
All ayes - Carried.
Motion by Luettinger, seconded by Jacobsen to request the city attorney to
review the ordinance to see if it would be desirable to have an ordinance amendment
which would require all instructors be Red Cross certified where swimming lessons
are given in private pools.
All ayes - Carried.
Council Meeting Minutes -4- August 14, 1978
5. Request for Special Use Permit for a Restaurant Serving Non-Intoxicating Liquor,
2312 West 66th Street
Wayne Burggraaff, City Manager, reviewed the request of Mr. G. M. Stenson,
6908 Logan, for a special use permit to open a restaurant serving non-intoxicating
liquor, as outlined in Council Letter No. 226.
Mr. Stenson, the applicant, appeared in behalf of his request.
Steven Lindgren, 7132 - 12th Avenue, presented the planning commission recommendation
for approval of this request.
Motion by Luettinger, seconded by Ludeman, to close the hearing.
All ayes - Carried.
Motion by Jacobsen, seconded by Luettinger to grant the special use permit subject
to the following stipulations:
1. Special use permit be issued only for a restaurant offering
on-sale of non-intoxicating malt liquors;
2. Handicapped spaces and ramps be installed in the parking lot;
3. The applicant provide an enclosed trash storage area for the
restaurant, and that the property owner clean up and maintain
the area along the west property line and the rear of the
shopping center.
Po11 of votes: Ayes - Anderson, Jacobsen, Luettinger, Law. Nays - Ludeman. Carried.
6. Membership in Association of Metropolitan Municipalities
Vern Peterson and Roger Peterson, staff members of the Association of Metropolitan
Municipalities, and Richard Larsen, councilmember, Minnetonka, and Richard Hullonder,
councilmember, Shakopee, AMM board members, presented a slide review of the activities
of the organization and answered questions from the council.
Motion by Jacobsen, seconded by Anderson to reaffirm Richfield membership in
the AMM and to approve the payment of the annual dues for 1978-1979.
Poll of votes: Ayes - Anderson, Jacobsen, Law. Nays - Ludeman, Luettinger. Carried.
Council Meeting Minutes -5- August 14, 1978
7. Ordinance Amendment Relating to Temporary Signs, First Reading.
Bill 1978-18, "An Amendment to Chapter III, Part V, Section 3.47 of the
Richfield Ordinance Code", relating to the regulation of signs and billboards,
was read and reviewed by Clayton LeFevere, City Attorney, the same being on file
in the office of the city clerk. (C-9840)
Motion by Anderson, seconded by Jacobsen that this constitute a first reading
of Bill 1978-18; that it be published in the official newspaper and that second
reading of this ordinance amendment be scheduled for September 11, 1978.
Po11 of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nays - None.
Carried.
8. Resolution Setting Date of Election on Proposed Change to City Charter and
Approving Form on Ballot
Clayton LeFevere, City Attorney, reviewed the ballot question on the proposed
city charter amendment which would change the method by which the mayor and council
members are elected.
Thomas Harms, 6400 Morgan, a member of the charter commission, recommended the
use of the phrase "council districts" instead of "districts" in the wording on the
ballot.
Gordon Anderson, 7501 Elliot Avenue, president of the charter commission, spoke
in behalf of the commission's use of the word "district".
Motion by Luettinger, seconded by Anderson to amend the ballot question
wording by inserting the word "ward" instead of "districts".
A11 ayes - Carried.
The question on the ballot shall read as follows:
"Shall Section 2.03 of the Charter of the City of Richfield be
amended to provide for the election of three members of the
city council from wards and the election of the mayor and one
member of the city council at lar-ge, commencing with the city
election in 1982?"
Council Meeting Minutes -6- August 14, 1978
The City Attorney requested the council then to make a determination as to
when to hold the election.
Motion by Ludeman, seconded by Anderson to Bold the election on the proposed
charter amendment in conjunction with the state general election on November 7, 1978.
All ayes - Carried.
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. 5936
A RESOLUTION PROVIDING FOR THE SUBMISSION
OF THE QUESTION OF AMENDING CHAPTER IV,
SECTION 2.03, OF THE CITY CHARTER RELATING
TO ELECTIVE OFFICERS OF THE CITY; AND CALLING
A SPECIAL ELECTION THEREON
Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nays - None.
Carried. This resolution appears as Resolution No. 5936 in Resolution Book No. 42.
9. Ordinance Amendment Relating to Licensing and Operation of Bicycles. First Reading.
Bill 1978-19, "An Amendment to Chapter V, Part IV, Section 5:34 of the Richfield
Ordinance Code", relating to the licensing and operation of bicycles, was read and
reviewed by Clayton LeFevere, City Attorney, the same being on file in the office of
the city clerk. (C-9841) The city attorney explained that this ordinance amendment
was necessary in order for the city to conform with the uniform bicycle licensing
procedure recently adopted by the State.of Minnesota.
Motion by Jacobsen, seconded by Ludeman that this constitute a first reading
of Bill 1978-19; that it be published in the official newspaper and that second
reading of this ordinance amendment be scheduled for September 11, 1978.
Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nays - None.
Carried.
Council Meeting Minutes -7- August 14, 1978
10. Transitory Ordinance Providing for the Vacation of a Portion of Grand A_v_enue
Bill 1978-16, Transitory Ordinance No. 16.49, "An Ordinance Providing for the
Vacation of a Portion of Grand Avenue", was read and reviewed by Clayton LeFevere,
City Attorney, the same being on file in the office of the city clerk. (C-9835) The
City Attorney recommended the words "Section 1" and all of "Section 2" be omitted.
Motion by Anderson, seconded by Jacobsen to amend the ordinance to read as
follows:
"The following portion of Grand Avenue South within the City of Richfield
is hereby vacated:
'All ghat part of Grand Avenue South adjoining Lots 1 through 8
inclusive, Block 3 and Lots 1 through 8 inclusive, Block 4,
lying between the extensions across it on the south line. of Lot
8, Block 4, all in 'J. N. Hauser's Second Addition' according
to the plat thereof on file and of record in the office of the
Registrar of Titles in and for Hennepin County, Minnesota.'
Passed by the City Council of the City of Richfield, Minnesota, this 14th
day of August, 1978."
All ayes - Carried.
Motion by Anderson, seconded by Jacobsen that this constitute a second reading
of Bill 1978-16; that it be published in the official newspaper and that it be made
a part of these minutes.
Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nays - None.
Carried.
11. Request for Authorization to Advertise for Bids, Brush Picker
Wayne Burggraaff, City Manager, recommended the city council authorize the
advertisement for bids for a brush picker which could be mounted~on a city truck
and used in the tree trimming and tree disease control programs, as outlined in
Council Letter No. 236.
Motion by Ludeman, seconded by Jacobsen to authorize the advertisement for
bids for this equipment.
Council Meeting Minutes -8- August 14, 1978
A11 ayes - Carried.
13. Purchases in Excess of $1,000
Wayne Burggraaff, City Manager, presented the following purchases in excess of
$1,000 for city council approval, as outlined in Council Letter No. 234;
Radar Monitoring Unit for use in the public safety department, in the amount of
$2,385;
Postage to cover the mailing costs of the 1978 Fall Newsletter and Park and
Recreation brochure, which is scheduled for mailing the first week of September, in
the amount of $1,357.02; and
Used lumber to implement trail improvements at the Wood Lake Nature Center in
the amount of $2,160. This improvement will be funded through a LAWCON grant and the
work done under City Project No. 731.
Motion by Ludeman, seconded by Jacobsen to approve these purchases in excess
of $1,000.
All ayes - Carried.
The City Manager advised the council that insulation to the hot water pipes
in the Community Center was required and of twenty-three requests for bid submitted,
three replies had been received. The low quotation was in the amount of $3,895.
Motion by Ludeman, seconded by Jacobsen to authorize this expenditure in excess
of $1,000.
Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Law. Nays - Luettinger. Carried.
14. Approval of Agreement for Signalization Intersection of Crosstown Highway and
Portland Avenue
Wayne Burggraaff, City Manager, presented a proposed agreement with Hennepin
County for signalization of the intersection of the Crosstown Highway (CSAH 62) and
Portland Avenue (CSAH 35), as outlined in Council Letter No. 242. He recommended the
city council adopt the necessary resolution approving this project and authorizing
the city manager and mayor to execute the agreement providing for Richfield's
Council Meeting Minutes =7A-
August 14, 1978
12. Request for Authorization to Advertise for Bids, Replacement Boulevard Trees
Wayne Burggraaff, City Manager, recommended the city council authorize
,,;;~~. advertisement for bids to replace boulevard trees that have been lost to dutch
elm disease, as outlined in Council Letter No. 237. This is a new project to
be funded by Federal Revenue Sharing money.
Motion by Luettinger, seconded by Jacobsen to authorize advertisement for
r
bids for the acquisition of 350 to 400 replacement boulevard trees.
A1I ayes - Carried.
;;y i...
Council Meeting Minutes -9- August 14, 1978
participation in the construction and operation of traffic control signals at the
intersection of Portland Avenue and the Crosstown highway.
Motion by Jacobsen, seconded by Anderson 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. 5937
RESOLUTION APPROVING PLANS AND PARTICIPATION AGREEMENT
COUNTY PROJECT 7519 FOR CSAH 35 AND CSAH 62
CITY OF RICHFIELD, MINNESOTA
Poll of votes: Ayes -.Anderson, Jacobsen, Law. Nays - Ludeman, Luettinger. Carried.
This resolution appears as Resolution No. 5937 in Resolution Book No. 42.
Motion by Anderson, seconded by Jacobsen to request Hennepin County to consider
the inclusion of a right turn lane turn-off on the south side of Portland Avenue .in
this project.
Poll of votes: Ayes - Anderson, Jacobsen, Law. Nays - Ludeman, Luettinger.
Carried.
15. Resolution Calling Hearing on Proposed Assessment for 1977 Permanent Streets
Wayne Burggraaff, City Manager, recommended the city council adopt the necessary
resolution setting the date of hearing on permanent street improvements of 1977, City
Project No. 686, as outlined in Council Letter No. 227.
Motion by Anderson, seconded by Ludeman 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. 5938
RESOLUTION CALLING HEARING ON PROPOSED ASSESSMENT
FOR 1976 PERMANENT STREET IMPROVEMENT PROGRAM
CITY PROJECT N0. 686
Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nays - None.
Carried. This resolution appears as Resolution No. 5938 in Resolution Book No. 42.
16. Resolution Providing for Polling Places and Designating Judges for State Primary
Wayne Burggraaff, City Manager, recommended the city council adopt the necessary
Council Meeting Minutes -10- August 14, 1978
resolution to .provide election judges for the state primary.
Motion by Ludeman, seconded by Anderson that the following resolution be adopte ;
that it be spread in the resolution book and that it be made a part of these minutes:
RESOLUTION N0. 5941
RESOLUTION PROVIDING FOR POLLING PLACES AND DESIGNATING JUDGES FOR
STATE PRIMARY - SEPTEMBER 12, 1978
Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nays - None. Carried
This resolution appears as Resolution No. 5941 in Resolution Book No. 42.
17. Resolution Providing for Continuation of Municipal Court in Richfield
Wayne Burggraaff, City Manager, advised that the Minnesota Legislature, at the
last session, passed an amendment dealing with the locations for holding municipal
court in Hennepin County, as outlined in Council Letter No. 231. This amendment is
designed to consolidate the suburban court functions which could mean the elimination
of municipal court in Richfield. Since it is advantageous to hold municipal court in
Richfield, he recommended the council adopt a resolution requesting that municipal
court continue to be held in Richfield.
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 apart of these minutes:
RESOLUTION N0. 5942
RESOLUTION REQUIRING CONTINUANCE
OF COURT IN RICHFIELD
Po11 of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger., Law. Nays - None.
Carried. This resolution appears as Resolution No. 5942 in Resolution Book No. 42.
18. Approval of Contract with Hennepin County for Terminal Access to Property Tax
Files
Wayne Burggraaff, City Manager, recommended appxoval of a contract with Hennepin
County for a new data processing terminal
Motion by Anderson, seconded by Jacobsen to approve the contract with Hennepin
County for terminal access to property tax files, and authorize its execution.
Council Meeting Minutes -11- August 14, 1978
All ayes - Carried.
19. Claims and Payrolls
Motion by Ludeman, seconded by Anderson that the following claims and payrolls
be approved:
RICHFIELD BANK & TRUST
Checks 35293/36582 General $ 484,093.26
Checks 41909/42266 Payroll 158,232.52
SUMMIT STATE BANK
Checks 41845/41903 1,597,552.89
All ayes - Carried.
20. Payments and Estimates
Motion by Jacobsen, seconded by Anderson that the following claim and
1
estimate be approved:
Estimate ~~2, Henry 0. Mikkelson Co. for work done to August 1,
1978, for CP 719, Christian Park, 34% complete - $13,230.00
All ayes - Carried.
21. Licenses
Motion by Anderson, seconded by Jacobsen that the following licenses be approved:
Fee Waived
Renewal Hiawatha Y.M.C.A. Taft Park (3 days)
Renewal St. Peter's Catholic Chrxrch (1 day)
Regular
Renewal Steve Shones, Millville, MN
New Jack Donlinger, Millville, MN
New King Oscars Bakery, 1115 E. 66th Street
New Viking King & Queen Sauna, 7714 Morgan
New Southwest Suburban Taxi, 221 Grand
New Dutchman Dairy Queen, 7533 Lyndale
Food, soft drink
Food
Itinerant food
Itinerant food
Food
Vending machine
Taxicab
Food, soft drink
Kennel License
New Wayne and Julie Sletten, 6444 Washburn 3 dogs
Council Meeting Minutes -12-
Licenses (Continued)
Taxicab Driver
New Habib. Yotoma, 625:E. 18th Street, #102
New Michael Smith, 2744 14th Avenue
New Frank Mueller, 8841 Ivystone Ct.
New Brenda Morgan, 7850 Zane Avenue
New Jeffery Bigham, 3310 Nicollet
New John Bryson, 3612 Blaisdell Avenue
New Edward McGee, 9700 Blaisdell Avenue
New Gary Nerud, 9501 Yosemite Road
New James Favorite, 3146 Cedar
New David Vikre, 2209 Bryant, ~k304
New Jerry Burley, 758 Hague
New Christopher Castaneda, 14020 Frontier Ln.
New Dana Jorgensen, 5101 Boarshead Rd., ~k202
All ayes - Carried.
Council recessed at 11:29 p.m. to conduct the HRA meeting and reconvened at
11:48 p.m.
22. Discussion Items Not on Agenda
The City Manager recommended adoption of a resolution confirming just compensati
previously determined for the Flowertown property in the HRA redevelopment project.
Motion by Jacobsen, seconded by Anderson 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. 5940
RESOLUTION CONFIRMING JUST
COMPENSATION AND APPROVING APPRAISAL
(Flowertown)
Poll of votes: Ayes - Anderson, Jacobsen, Ludemar~, Luettinger, Law. Nays - None.
Carried. This resolution appears as Resolution No. 5940 in Resolution Book No. 42.
The City Manager suggested setting the 1979 budget hearings for September 14,
and 21, at 7:00 p.m. The council agreed that these times were acceptable.
The City Manager asked for an opportunity to discuss a July 24, 1978, city
council action overruling his decision on professional conference attendance by two
August 14, 1978
Council Meeting Minutes
-13-
August 14, 1978
management staff personnel. The City Manager asked that the fire chief be permitted
to attend the International Association of Fire Chiefs Annual Conference in Cincinnati.
Motion by Jacobsen, seconded by Anderson that the fire chief be permitted to
attend the Cincinnati meeting.
Poll of votes: Ayes - Anderson, Jacobsen, Law. Nays - Ludeman, Luettinger, Carried.
Motion by Anderson, seconded by Jacobsen to authorize Joyce Wilde to attend
1
the ICMA conference.
Poll of votes: Ayes - Anderson, Jacbosen. Nays - Ludeman, Luettinger, Law. Motion
failed..
Motion by Luettinger, seconded by Ludeman to overrule the City Manager's decision
to permit the health director to attend the National Health Conference. Discussion
followed.. Councilman Jacobsen left the meeting.
Po11 of votes: Ayes - Ludeman, Luettinger. Nays - Anderson... Law. Absent -
Jacobsen. Motion failed.
23. Adjournment
Motion by Ludeman, seconded by Luettinger that the meeting adjourn.
All ayes - Carried. Absent - Jacobsen. Time: 12:18 a.m., A~ust 15, 1978.
Date Approved: August 28. 1978
Thomas J. oran City Clerk