12-26-1978CITY OF RICHFIELD
Regular Meeting
December 26, 1978
The Council of the City of Richfield met in regular session in the Council
Chambers of the City Hall on Tuesday, December 26, 1978, at 7:00 p.m.
Councilman Jacobsen gave the invocation.
The meeting was called to order by Mayor Loren L. Law.
Present: Anderson, Jacobsen, Ludeman, Luettinger, Law
1. Minutes
Motion by Luettinger, seconded by Ludeman that the minutes of the December 11,
1978, city council meeting be approved as submitted.
A11 ayes - Carried.
2 1978/84 Capital Improvement Program Hearing - Continued from December 1, 1978
The council continued the 1979/84 Capital Improvement Program hearing and
first directed their attention to the Community Center III project. Mayor Law
suggested the possibility of changing the time schedule from 1981 to 1979 for
elevator construction. The council also asked that further consideration be given
to a patio deck at the Community Center and a picnic shelter at Augsburg Park.
Motion by Jacobsen, seconded by Ludeman to ask the staff and Park and
Recreation Commission to give further consideration to providing an elevator and
patio deck at the Community Center and a picnic shelter at Augsburg Park at an
earlier date.
A11 ayes - Carried.
In response to a question, the City Manager reported that the 1979 minor
park project was Nicollet Park and that the money set aside for minor park work
in 1980 would provide the city's share of a state grant to improve Sheridan Park.
Lawrence Wozniczka, 6744 Wentworth, questioned the lack of storm sewer proposals
in the proposed Capital Improvement Program and said he felt it should be included
with the present city alternatives for financing.
Council Meeting Minutes -2- December 26, 1978
The council deferred further discussion of the Capital Improvement Program to
later in the meeting to permit discussion of the Richfield Lake pathway system.
3. Request for Renewal of On-Sale Liquor Licenses, Godfather, Inc.
Wayne Burggraaff, City Manager, advised the council that The Godfather had
not submitted all the information requested for evaluation of this on-sale liquor
license renewal, as outlined in Council Letter No. 366. He recommended the
hearing be continued to January 22, 1979.
Motion by Jacobsen, seconded by Ludeman to continue this hearing to Janeaary 8,
1979, and to grant a grace period on the license until the renewal hearing is
r_oncluded.
All ayes - Carried.
4. Renewal of On-Sale Liquor Licenses, Left Guard, Inc.
Wayne Burggraaff, City Manager, presented the on-sale Sunday liquor license
renewal application of Left Guard, Inc., dba Chi-Chi's and Maximillians, as outlined
in Council Letter No. 368. He said all necessary information and license fees have
been filed along with the application and recommended renewal of the on-sale and
Sunday liquor licenses subject to the stipulation that the applicant complete com-
pliance with the provisions of the amended off-street parking contract in 1979.
Motion by Anderson, seconded by Luettinger to close the hearing and renew the
liquor licenses of the Left Guard, Inc., subject to the stipulation as stated by
she city manager.
All ayes - Carried.
5. United National Superblock PUD. Second Reading.
Richard Krier, Planning and Redevelopment Director, explained the three phase
development plan presented by United National Corporation, as outlined in Council
Letter No. 377. He outlined the vacation of Pillsbury Avenue, redeveloping the
Council Meeting Minutes -3- December 26, 1978
parking areas and relocating the utilities.
Richard Naiman, of United National Corporation, answered questions from the
council.
Representatives from Minnesota Federal Savings & Loan reported on the timetable
for their project in this plan.
City Attorney, Clayton LeFevere, reviewed the City's concerns regarding language
and provisions in supplementary materials submitted by United National Corporation.
Robert Levine, of Robbins, Davis & Lyons, attorney representing Mrs. Levine,
owner of Penny's Market, spoke of his client's willingness to work out inconsistencies
contained in the supplementary material.
David Sellergren, attorney representing Summit State Bank, reported.on the
status of the bank's negotiations with the doctors and indicated a willingness to
ork with the City in clarifying the language terminology of the contracts.
Amos Heilicher, representing Korner Plaza, a tenant in the Hub, expressed his
concern regarding the location of the proposed financial institution and said he
felt it would eliminate needed parking areas and adversely affect visibility of his
store.
Lawrence Wozniczka, 6744 Wentworth, questioned Summit Bank's expansion and
pedestrian access provisions.
The council indicated a general agreement with the proposals and individually
commented on various aspects of the proposed PUD.
Motion by Ludeman, seconded by Jacobsen to generally approve the concept of
the PUD but to continue the hearing to February 12, 1979, to provide time to
resolve the problems presented at this meeting.
11 ayes - Carried.
f-Street Parkin Contract, 7701 L ndale Avenue
Council Meeting Minutes -4- December 26; 1978
Wayne Burggraaff, City Manager, presented the application of Donald Hagen
and Herbert Mason, of 1014 Excelsior Avenue West, Hopkins, for an off-street
parking contract at 7701 Lyndale, as outlined in Council Letter No. 379.
Donald Hagen, the applicant, explained his plans to convert a vacant gas
station into a print shop. He spoke of using the existing property as it now stands
and said he did not wish to comply with the staff recommendation for the off-street
parking layout.
Ed Ray, owner of a PDQ Press on 76th and Lyndale, spoke against the staff
recommendation. The City Manager explained the recommended parking layout and
indicated the applicant's proposal did not comply with normal city criteria with
respect to width and location of parking stalls and could not be expected to work
as the applicant proposed.
Motion by Jacobsen, seconded by Luettinger to approve the off-street Parking
contract including the parking layout proposed by the applicant.
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: 6005
RESOLUTION APPROVING LAYOUT AND CONTRACT
FOR OFF-STREET PARKING IN ACCORDANCE WITH
APPLICATION N0. 78-17, CONTRACT N0. 2283
Donald F. Hagen and Herbert A. Mason
1014 Excelsior Avenue West, Hopkins
Location: 7701 Lyndale Avenue South
Use: Print Shop
Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nays - None.
Carried. This resolution appears as Resolution No. 6005 in Resolution Book No. 42.
7. Discussion on Animal Control Ordinance
At the request of Councilman Luettinger the animal control ordinance was reviewed
by the city council.
Council Meeting Minutes -5- December 26, 1978
Dennis Malmberg, 6428 Humboldt, appeared and spoke against the policy of
assessing a late fee penalty in the issuance of animal licenses. He commented
on the City's licensing policies and the policies of other municipalities.
Motion by Jacobsen, seconded by Luettinger to request the staff to review
the animal control ordinance and bring this item back for discussion at the first
council meeting of April.
Poll of votes: Ayes - Jacobsen, Ludeman, Luettinger, Law. Nays - Anderson. Carried.
Council recessed at 11:18 to conduct the HRA meeting and reconvened at 11:35 p.m.
8. 1979/84 Capital Improvement Program Hearing
The council returned to discussion of the 1979/84 Capital Improvement Program.
Richard Krier, Planning and Redevelopment Director, commented on the Richfield
Lake pathway system.
After additional discussion the following motion was made: 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. 6006
RESOLUTION ADOPTING THE 1979/84 CAPITAL IMPROVEMENTS
PROGRAM AND THE 1979 CAPITAL IMPROVEMENT BUDGET
Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nays - None.
Carried. This resolution appears as Resolution No. 6006 in Resolution Book No. 42.
9 Ordinance Amendment Relating to Number of Licensed Saunas. Second Reading.
Bi11 1978-24, "An Amendment to Chapter V, Part II, Section 5.25 of the Ordinance
Code of the City of Richfield, Minnesota", relating to the licensing of saunas and
massage parlors, was read and reviewed by City Attorney, Clayton LeFevere, the same
being on file in the office of the city clerk. (C-0952)
Motion by Anderson, seconded by Jacobsen that this constitute a second reading
of Bill 1978-24; that it be published in the official newspaper and that it be made
a part of these minutes.
Council Meeting Minutes -6- December. 26, 1978
Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nays - None.
Carried.
10. Purchases in Excess of .$1,000
Wayne Burggraaff, City Manager, recommended purchase of a snow blower attachment
for use in the removal of sidewalk snow at a cost of approximately $3,000 and boundary,
topographic orientation and location survey on the golf course site in the amount of
$1,750.
Motion by Jacobsen, seconded by Anderson to authorize these two purchases in
excess of $1,000.
All ayes - Carried.
11. Minutes, Tabulation of Bids and Award of Contract for Water Treatment Plant
Chemicals
Wayne Burggraaff, City Manager, reviewed the bids received for chemicals used
at the water treatment plant, as outlined in Council Letter No. 365. He recommended
the council make the following bid awards:
1. Accept the bid of Cutler Magner for quick lime at the unit price
of $56.50/ton, for an estimated total cost of $79,240.
2. Accept-the bid of Hawkins Chemical for liquid aluminum. sulfate
in the amount of $91.40/ton,for an estimated total cost of $9,140.
3. Accept the low bid of Van Waters & Rogers for liquid anhydrous ammonia
at the cost of $23.00/cwt, for an estimated total cost of $690.00.
4. Accept the bid offered from Van Waters & Rogers for sodium silico
fluoride at a unit cost of $20.15/cwt, for an .estimated total cost
of $4,231.50.
Motion by Jacobsen, seconded by Ludeman to award the bids as recommended by
the City Manager.
All ayes - Carried.
12. Resolution Approving State Aid System Five Year Construction Program and
Submission to District State Aid Engineer
Wayne Burggraaff, City Manager, advised the council that the Municipal Screening
Committee of the State Aid Programs Division of the Minnesota Department of Trans-
portation had recently enacted a revision in its rules which requires that local
Council Meeting Minutes -7- December 26, 197$
governments develop a five year state aid construction program for their review,
as outlined in Council Letter No. 378. He reviewed the proposed five year construction
program budget that had been prepared by the public works director and recommended
the council approve it in order for it to be submitted to the Minnesota Department
of Transportation prior to January 1, 1979.
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. 6007
RESOLUTION APPROVING THE FIVE YEAR CONSTRUCTION PROGRAM
FOR THE CITY OF RICHFIELD AND AUTHORIZING ITS SUBMITTAL
TO THE DISTRICT STATE AID ENGINEER OF THE MINNESOTA
DEPARTMENT OF TRANSPORTATION
Po11 of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nays - None.
Carried. This resolution appears as Resolution No. 6007 in Resolution Book No. 42.
13 Release of Off-Street Parking Contract, 306 E. 78th Street
Wayne Burggraaff, City Manager, advised the council that Progress Valley, Inc.
at 306 East 78th Street had complied with the terms of the off-street parking agree-
ment and he recommended that the city council adopt the necessary resolution
authorizing release of the performance bond attached to this off-street parking
contract.
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. 6008
RESOLUTION RELATING TO RELEASE OF BOND
ON OFF-STREET PARKING
Progress Valley, Inc.
306 East 78th Street
Use: Group Care Residential Facility
Council Meeting Minutes -8- December 26, 1978
Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nays - None.
Carried. This resolution appears as Resolution No. 6008 in Resolution Book No. 42.
14. Agreement for Technical Services Water Treatment Plant
Wayne Burggraaff, City Manager, reviewed a proposed agreement with the consulting
firm of Orr-Schelen-Mayeron & Associates, Inc. for the purpose of preparing plans and
specifications for replacement of the carbon dioxide unit and pump controls at the
water treatment plant, as outlined in Council Letter No. 374. He recommended
council approval of this agreement.
Motion by Luettinger, seconded by Jacobsen to approve this agreement with
Orr-Schelen-Mayeron & Associates, Inc.
Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger. Abstain - Law.
Carried.
15. Appointments- to Wine Licensing Study Commission
Motion by Jacobsen, seconded by Anderson to defer consideration of this item
to January 8, 1979.
Poll of votes: Ayes - Anderson, Jacobsen, Luettinger, Law. Nays - Ludeman. Carried.
16. Resolution Authorizing Submission of Final Grant Applications for Trail S stems
at Wood Lake Nature Center and Sheridan Park
Wayne Burggraaff, City Manager, advised the council that on November 20, 1978,
the city was notified that preliminary grant applications for the Wood Lake Nature
Center boardwalk and Sheridan Park trail projects were approved, as outlined in
Council Letter No. 371. He said final applications for these grants. are to be
submitted by January 1, 1979, and he recommended the council adopt the necessary
resolution authorizing submission of final grant applications.
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:
Council Meeting Minutes -9- December 26, 1978
RESOLUTION N0. 6009
RESOLUTION AUTHORIZING FILING OF FINAL APPLICATION
FOR TRAIL IMPROGEMENTS AT WOOD LAKE NATURE CENTER
AND SHERIDAN PARK
Po11 of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nays - None.
Carried. This resolution appears as Resolution No. 6009 in Resolution Book No. 42.
17. Resolution Authorizing Submission of Bicycle Safety Program Grant
Wayne Burggraaff, City Manager, recommended the city council adopt the necessary
resolution authorizing the City Manager to submit an application to the Minnesota
Department of Public Safety for a bicycle safety program grant, as outlined in
Council Letter No. 375.
Motion by Anderson, 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. 6004
RESOLUTION AUTHORIZING FILING OF FINAL
APPLICATION FOR BICYCLE SAFETY PROGRAM GRANT
Po11 of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nays - None.
Carried. This resolution appears as Resolution No. 6004 in Resolution Book No. 42.
18. Agreement With Urban Corps
Wayne Burggraaff, City Manager, recommended execution of an agreement with the
City of Minneapolis which would enable the City of Richfield to continue participating
in the Urban Corps Program, as outlined in Council Letter No. 364.
Motion by Jacobsen, seconded by Luettinger to authorize execution of this
agreement with the City of Minneapolis
Poll of votes: Ayes - Anderson, Jacobsen, Luettinger, Law. Nays - Ludeman. Carried.
19. Approval of Contract with the City of Bloomington for Provision of Personal
Health Services
Wayne Burggraaff, City Manager, reviewed the personal health services that have
Council Meeting Minutes -10- December 26, 1978
been available to the city through the Community Health Services Act, and provided
by a contract with the City of Bloomington. He recommended the council approve the
contract for 1979.
Motion by Anderson, seconded by Jacobsen to approve the 1979 contract with the
City of Bloomington for provision of personal health services, and authorize the
City Manager and Mayor to execute this contract.
All ayes - Carried.
20. Proposal for Self-Insurance of Workers' Compensation Insurance Program
Motion by Luettinger, seconded by Ludeman to continue consideration of this
item to the special council meeting of December 28, 1978.
All ayes - Carried.
21. Approval of 1979 Pay Plan Adjustments for General Services, Management and
Part Time Positions
Motion by Luettinger, seconded by Anderson to continue consideration of this
item to the special council meeting of December 28, 1978.
All ayes - Carried.
22. 1979 Financial Contribution to South Hennepin Human Services Council
Wayne Burggraaff, City Manager, informed the council that the South Hennepin
Human Services Council, which was formed in 1971, has changed its funding policies,
as outlined in Council Letter No. 370. He advised that each community the council
serves is being asked to provide some form of local financial support. He recommended
the council adopt the necessary resolution transferring the required funds.
Motion by Anderson, seconded by Jacobsen that the following resolution be
1
adopted; that it be spread in the resolution book and that it be made a part of
these minutes:
RESOLUTION N0. 6010
RESOLUTION AUTHORIZING TRANSFER OF APPROPRIATION
FROM THE 1979 CONTINGENCY ACCOUNT TO THE
SOUTH HENNEPIN HUMAN SERVICES COUNCIL
Council Meeting Minutes -11- December 26, 1978
.Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nays - None.
Carried, This resolution appears. as Resolution No. 6010 in Resolution Book.No. 42,
Motion by Anderson, seconded by Jacobsen to appoint Councilman Ludeman as the
city council representative to the SHHSC for the 1979-80 two year term.
All ayes - Carried.
23. 1979 Budget Revisions
Wayne Burggraaff, City. Manager, recommended adoption of the annual resolution
providing for the final revision of general fund budget appropriations,
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. 6011
RESOLUTION AUTHORIZING REVISIONS OF 1978
BUDGET OF VARIOUS DEPARTMENTS AND TRANSFER
OF CONTINGENCY FUNDS
Poll of votes: .Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nays - None.
Carried. This resolution appears as Resolution No. 6001 in Resolution Book No. 42.
24. Request for Lifting of Vacaney Moratorium
Wayne Burggraaff, City Manager, recommended the council waive the moratorium
on hiring to permit the hiring o-f a foreman in the water plant, which is fully
funded in the 1979 budget.
Motion b.y Jacobsen, seconded by-Anderson to lift the moratorium on hiring to
permit. the filling of this position vacancy.
All ayes - Carried.
25. Payments and E timates
Motion by Luettinger, seconded by Anderson that the following payments and
estimates be approved:
Council Meeting Minutes -12- December 26, 1978
A. Applications 3, 4 and 5 to Killmer Electric Co. for electrical
work done on CP 719, Christian Park. 99% complete. $27,856.20
B. Application ~~2 to Siefert's Nursery, Inc. for lawns and plantings
for CP 719, Christian Park. 64% complete.. $28,119.70
C. Applicatiasn ~~6 to Fischer Construction for general construction
from 11/1/78 to 11/30/78 on CP 719, Christian Park. 99% complete.
$10,761.60
D. Final payment to Minnesota Valley Wholesale Inc. for trees for
CP 733, Boulevard tree replacement, 100% of trees supplied.
$8,806.00.
E. Application ~~6, Henry 0. Mikkelson for construction on CP 719,
Christian Park from November 6 to November 30, 1978. 95%
complete. $7,920.00
All ayes - Carried.
26. Licenses
Motion by Jacobsen, seconded by Ludeman that the following licenses be approved.:
Fee Waived
Renewal Assumption Church, 305 E 77th Street Food
Renewal Hope Presbyterian, 7132 Portland Food, soft drink
Regular
Renewal Assumption Church, 305 E. 77th Street
Renewal Kenny's Meats, 6T00 Penn Avenue
-(1430 E. 66th Street and 7138 Chicago)
Renewal Tom Thumb Superette, 7613 Lyndale
Renewal Cookie Jar Bakery, 6532 Penn
Renewal Burger King, 140 E. 78th Street
Renewal J.B. Meat Rack, 813 E. 66th Street
Renewal Cloveleaf Motel, 7700 Fremont
New Acme Sheet Metal Co., 2315 Hampden
New Cronstroms, 4410 Excelsior Blvd.
Renewal Cutler Animal Hospital, 7738 Colfax
Renewal Ray Welter, 46th and Chicago
Renewal Bethany Covenant Church
Renewal Hub Dairy Queen, 16 E. 66th Street
Renewal Airport Pet Hospital
Renewal M. Amundson Cigar, 66th Street
Renewal Northstar Pizza, 500 E. 78th Street
Renewal Los Bravos, 1504 E. 78th Street
Soft. drink
Off.-sale beer
Ice machine, food, add'1.
Food, soft drink, cig-
arette
Food, food vehicle
Ice machine, food, soft
drink
Food
Ice machine, soft drink,
motel license
Heat & ventilating
Heat & Ventilating
Soft drink
Heat.& Ventilating
Food, soft drink
Food, soft drink
Soft drink
Food, cigarette
Amusement machine
Amusement machine
Council Meeting Minutes -13-
Licenses (Continued)
Taxicab
Renewal Yellow Taxicab Company of Minneapolis
Taxicab Drivers
New Lawrence Dettman, 3425 35th Avenue
New Ernest Breault, 7611 Knox Avenue
New Floyd Finley, 2017 Grand Avenue
New Donald Briggs, 7033 13th Avenue
New James Rosen, 3222 15th Avenue
New David Froemming, 9804 Cedar Lake Road
Renewal Vincent Wiberg, 1950 Jade Lane
New Urban Bwnas, 910 Portland Avenue
New Raymond Barker, 6314 Logan Avenue
Renewal David Hasselmann, 5753 35th Avenue
All ayes - Carried.
December 26, 1978
50 Cabs
27. Claims and Payrolls
Motion by Luettinger, seconded by Ludeman that the following claims and payrolls
be approved:
RICHFIELD BANK & TRUST
C-h~~~s 3~33$~389G~~ v~r~e , $ s~aS ~9c~ t~~
Checks 45323/45735 Payroll 146,457.72
SUMMIT STATE BANK
Checks 45310/45355 $2,243,481.97
A11 ayes - Carried.
28. Other Items Not on Agenda
Mayor Law proposed a resolution of appreciation for retiring council member
A. P. Anderson. The resolution was unanimously adopted and presented by Mayor Law
to Councilman Anderson.
Wayne Burggraaff, City Manager, reported that the city is holding a cash deposit
on a house moving at 6539 22nd Avenue and that the project is substantially complete.
He recommended all of the escrow deposit except $600 be refunded when the city receives
notice that the property owner has initiated the boundary registration process to
Council Meeting Minutes -14- December 2b, 197$
resolve a property boundary dispute.
Motion by Ludeman, seconded by Jacobsen to authorize the release of the escrow
deposit for the house moving project at 6539 22nd Avenue with the provision that
$600 will be retained to cover the sodding requirement and with the further provision
that the balance will not be released until such time as the city has been notified
of the applicant's initiation of a property boundary registration proceedings.
All ayes - Carried.
29. Adiourrrment
Motion by Ludeman, seconded by Jacobsen that the meeting adjourn.
All ayes - Carried. .Time: 12:45 a.m. December 27, 1978.
Date Approved: January 8, 1979
Thomas J. M an City Clerk
;,
ren L. Law M or
Wayne S. Burggraaff ty Ma' g r
~ .
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