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02-23-1970CITY OF RICTiFIEL1~ Regular Meeting February 23, 1970, `The council of the City of Richfield met in regular session in the council chambers of the City hall, 6700 Portland Ave,, Monday, February 23, 1970, at 7000 PeMo Mayor Olson gave the invocation, 'Ihe meeting was called to order by Mayor Olson, Present: Anderson, Jacobsen, Luettinger, Law and Olson, Absents None, 1, Minutes Motion by Luettinger, seconded by Law, that the minutes of the regular meeting of February 9, 1970 be approved, All ayes ~ earried, 2, Bi11 Noe 19701 (Liquor Ordinance) , `I`he city manager reviewed his recommendations for changes in the proposed liquor ordinance< • 'The city planner reviewed a suggested plan for the planning review process on proposed restaurants dispensing liquor in the form of a proposed ordinance to be presented for first reading at the newt regular council meeting, Ro Co Anderson, 7212 Oalc Grove Blvdo, appeared, Joe Rimnac, 816 Wa 77 1/2 St, (Playa Cafe) was in favor of the proposed amendm went to Subd, 1, Paragraph Bo Motion by Jacobsen, secmnded by Luettinger9 that the proposed revision to Subd, 1, Paragraph 3 be changed by adding the followings "Basement areas, however, sha11 not be counted for the purposes of meeting such 10,000 sq•~.are fesot minimum requires memo" k'olI of votes Ayes m Anderson, Jacobsen, Luettinger, Law and Olson, Nays •~ noneo Assent v noneo Carried, -~~ Feb, 2~, 190 Motion by Jacobsen, se'c~nded by Luettinger, that Subd. 1, Paragrph 3 be changed to read as follows; "(~) 'f'he term 'restaurant' means any establisb~ent under the control of a single proprietor or manager, having appropriate facili- ties to serve meals in one or more dining rooms having a total area of at least 10,000 square feet, and where in consideration of payment therefor, meals are regularly served at tables to the general public, and which employs an adequate staff for the usual and suitable service to its guests and the principal part of the business of which is the serving of foods. 'l'he area to be used in computing such 10,000 square foot minimum shall be the gross floor area of the restaurant including areas for the preparation and serving of food and liquor, Basement areas, however, sha11 not be counted for the purposes of meeting such 10,000 sgare foot minimum requirement," Po11 of votese Ayes - Anderson, Jacobsen, Luettinger, Law and Olson. Nays - none. Absent - none, Carried, Motion by Anderson, seconded by Law, that Subd. 1, Paragrph 5 be amended to read as follows: "(5) 'l'he term 'principal part of the business' means more than 50% of the gross retail sales sha11 'be derived from the sale of food."- Poll of votes. e. Ayes - Anderson, Jacobsen, Luettinger, Law and Olson, Nays - none. Absent - none. Carriedo Motion btij• Anderson, seconded by Luettinger, that the following paragraph be added after Paragraph (13} in Subd. 40 "(14.) Proof that the applicant has complied with all of the procedures required under the coning regulat~.~~~ns of ~tre city to qualify the proposed licensed premises as an approved location. 'Phe council shall not act upon an application for a license until all such regulations ~-aave been complied with and final approval of site and building plans have been given by the council," 1 1 o3v Feb. 23, 1970 Poll of votes: Ayes - Anderson, Jacobsen, Luettinger, Law and Olson. Na;~•~ ~ none. Absent - none. Carried. Motion by Luettinger, seconded by Jacobsen, that Subd. 11, Paragraphs (4.) and (5) read. as follows: "(4) No 'on-sale' license shall be granted for a r~:s•tau- rant which does not comply in all respects with the definition of a restaurant a.s contained in Subdivision 1 of this section, nor to any restaurant wY~ich does not have a total market value, including land, building and eugipment, of at 1e~.st $500,000 as appraised by the city assessor based upon appraisal data having a b-~se date of January 1, 1970." "(5) No 'on-sale' license sha11 be granted for a hotel which does nc~t comply in all respects with the definition of a hotel as contained in Subdivision 1 of •this section, nor to any hotel which does not have a total market value, including land, 'building .and equipment, of at least $1,000,000, as appraised by the city ~:ssess©r based upon appraisal data having a base date of January 1, 1970." Poll of votes: Ayes - Anderson, Jacobsen, Luettinger, Law and 01son. Nays - r_one, Absent - none. Carried. Mike Lazorik, Heidelberg Restaurant, asked questions on market value, Robert Tait, Super-Vela, was opposed to the $10,000 license fee, and re- commended $5,000 annual fee. Leo Poehling, 7445 14th Ave, S., asked for reasoning behind proposed fee, Joe Rimnac was opposed to the $10,000 fee, R. C, Reddick was also opposed if it was unfair. Tom Price, 7421 Lyndale Ave., was opposed to the $10,000 fee. Motion by Law, seconded by Anderson, that the following amendment to the 1 proposed ordinance be made to Subd, 8, Paragrph (1): "(l) ~'he annual licence fee for an 'on=sale' license. shall be seven thousand five hundred dollars."' -4- Feb. 23, 1970 Po11 of votes: Ayes - Anderson, Jacobsen and Lana. Nays - Luettinger an3 O:~.son.. Absent none. Carried, Bill No. 1970m1 entitled < /1AMENDMEN`I TO CHAP`1~R XI OF THE ORDINANGr.E CODE OF THE CITY OF RICHFIELD, ADDING A NEW' SECTION 11.06 RELATING TO IN'?`OXICATING LIQ~JOR A1~D PROVIDING FOR `T'HE LICENS TNG AND REGULATION OF THE SALE OF INTOXTCAT'LNG LIQUOR ° ON- SALE "' was read by the city attorney, the same being on file in the office of th€: city clerk, C~8135. Motion by Anderson, seconded by Jacobsen, that this constitute the se~:ond reading of Bill No, 1970-1 as amended, Poll of votesa Ayes - Anderson, Jacobsen, Luettinger, Law and Olson, Nays - Wane. Absent - none. Carried, Motion by Anderson, seconded by Jacobsen, that the council adopt Bill Noo 1970-1 as amended; that it be spread in the ordinance book; that it b~ published in the official newspaper and that it be made a part of these minuteso Poll of votes: Ayes - Anderson,. Jacobsen, Luettinger, Law and Olson, Nays - none. Absent - none. Carried. Jim Rush and Donald Gordon,. 6425 21st Ave,, asked questions. 3. Request for House Moving Permit ®7328 Portland Ave. Victor Lofstrom, applicant, appeared, Motion by Anderson,' se~c~,s~ded by Law, that the council deny the applicat~.u~n for a house moving permit to Victor Lofstrom, 7328 Portland Ave. A11 ayes - carried, 4. Plans & Specifications for LTood La1~e Par~C Don Brauer and Dave Shafer reviewed the Woodlalce Development encompavsing the structures. Robert Quanbeck~ explained in further detail the concept of the var °.o~;s build•-. ings, -5® Feb. 23, 1970 Motion by Anderson, 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: R:SOLUTION N0. 4327 RESOLUTION APPR®VTNG PLANS AND SPECIFICATT®NS AND ®RDERING ADVERTISEMEN?' FOR BIDS ON APRIL 7, 1970 ON PA1~ SHELTERS AND SITE DEVEOPMENT WORK FOR WOOD LAKE. CITY PROJ. NO. 549 C-5150 Po11 of votes: Ayes - Anderson, Jacobsen, Luettinger, Law and Olson, Nays - none. Absent - none, Carried. This resolution appears as resolution ~~4327 in resolution book ~~27. 5. Temporary Sign Permit - 35W & Crosstown Tiwys. Mark Z. Jones, applicant, was represented by Mr. Tempests, Motion by Luettinger, seconded by Jacobsen, that the council grant the tem- porary sign permit to Mark Z.. Jones Co., 5290 Villa Way, Edina, for a sign to be erected for 60 days at 35W and Crosstown Hwy. No. 62. All ayes - carried. 6. Resignation from Fire Civil Service Commission Motion by Anderson, seconded by Jacobsen, that the council accept the rem signation of Ralph Gilbertsen from the Fire Civil Service Commission effective February, 1970. All ayes - carried. C-5151 Motion by Luettinger, seconded by ~iid~:erson,,-_ z ~ that it be made knuran. that a vacancy ea~ists on the Fire Civil Service Commission and an appointment be made at the newt council meeting, March 9th, A11 ayes - carried. 7. Claims John Hines, Hopkins, Minn., inquired about a claim he filed with the city on February 6, 1970. He was directed to the city attorney for further information. S. Bill No. 1970-4 (Heating Code) .Bill No. 1970-4 entitled: °°AMENDMENT TO SECTION 3.05, S~ahd. 1, Paragraph (1) -6- Feb. 23, 1970 of the Ordinance Code of the City of Richfield (Heatixag Code) was read by the city attorney, the same being on file in the office of the city clerk. C-8144 Motion by Anderson, seconded by Jacobsen, that this constitute the second reading of Bill No, 1970-4. Poll of votes: Ayes - Anderson, Jacobsen, Luettinger, Law and Olson. Nays - none. Absent - none. Carriede Motion by Anderson, seconded by Jacobsen, that the council adopt Bill No. 1970-4; that it be spread in the ordinance book; that it be published in the of- fic3.a1 newspaper and that it be made a part of these minutes: Poll of votes: Ayes - Anderson, Jacobsen, Luettinger, Law and Olson. Nays - none. Absent - none. Carried. 9. Bill No. 1970-6 (Transitory Ordinance Bill No. 1970-6 entitled: "TRANSITORY ORDINANCE APPROPRIATIlVG SPECIAL REVEIV~[JE FUNDS FOR 1970" was read by the city attorney, the same being on file in the office of the city clerk. C-8146 Motion by Anderson, seconded by Jacobsen, that this constitute the second reading of Bill No. 1970-6. Luettinger Po11 of votes: Ayes - Anderson, Jacobsen, ~~xand Law, Nays - Olson. Luettinger & Absent - none, Carried. (Olson voted "nay" on two portions of the proposed n capital improvements--sprinkling system and air condition improvementA~both ~:t the city hall.) Motion by Anderson, seconded by Jacobsen, that the council adopt Bi11 No. • 1970-6; that it be spread in the ordinance book; that it be published in the offi- cial newspaper and that it be made a part of these minutes, Luettinger Poll of votes: Ayes - Anderson, Jacobsen, 7x and Law. Nays - Olson. Luettinger Absent - none. Carried. (Olson voted P°nay"on two portions of the proposed caps- ,..: tal improvements-asprinkling system and air conditi®ning ~,mprovement®~both at the city hall.) 47 - Peb. 23, 1970 10. Bill No. 1970-7 - (C~rrecection of Erroneous Ref. in Zoning Ord,) Bill No. 1970-7 entitled: "AMENDMENT TO SECTION 3.37, Subd. 2, Paragrph (2) of the Ordinance Code of the City of Richfield (Correction of Erroneous Refer- ante in Zoning Ord.) was read by the city attorney, the same 'being on file in the office of the city clerk. C®8152 Motion by Jacobsen,, seconded by Law, that this constitute the first read ing of Bill No. 1970-7 in accordance with the city charter. Poll of votes: Ayes - Anderson, Jacobsen, Luettinger, Law and Olson. Nays - none. Absent - none. Carried, 11. Bill No. 1970-8 (Departmental Organizations) Bill No. 1970-7 entitled: "AMENDMENT TO PART II, CIiAPTER II, of the Ordinance Code o£ the City of Richfield (Departmental Organizations) was read by the city attorney, the same being on file in the office of the-city clerk. CA8153 Motion by Jacobsen, seconded by Anderson, that this constitute the first reading of Bill No. 1970-8 and that it be published in the official newspaper in accordance with the city charter. Po11 of vote: Ayes - Anderson, Jacobsen, Luettinger, Law and Olson. Nays - none. Absent - none. Carried. 12. Bill No. 1970-9 (Change in Longevity Provision for Police Personnel) Bi11 No. 1970-9 entitled: "AMENDMENT TO SECTION 2.33, Subd. 16, of the Ordinance Code of the City of Richfield" was read by the city attorney, the same being on file in the off ice of the city clerk. C-8154 Motion by Anderson, seconded by Jacobsen, that this constitute the first reading of Bill No. 1970-9 and that it be published in the official newspaper in accordance-with the city charter. Poll of votes: Ayes - Anderson,. Jacobsen, Luettinger, Law and Olson. Nays ~~ no~.~d ~.bsent -none: Carried, ®8- Feb. 23, 1970 13® Bids - Bituminous Materials for 1970 Motion by Luettinger, seconded by Jacobsen, that the minutes of the bid= opening, Feb. 11, 1970, on bituminous s~a.terials for 1970 be approved. All ayes - carried. C-8155 Motion by Jacobsen, seconded by Luettinger, that the council accept the low bid of Northwestern Refining Co., $132,715.00, f®r bituminous materials as recommended by the manager. A11 ayes - carried. 14. Purchase in Excess of $1000 Motion by Jacobsen, seconded by Luettinger, that the c®uncil authorize the purchase of a vehicle to be used for weed, spraying and other ground main- tenance for an estimated cost of $2490.00 which has been budgeted for in the 1970 Parks and Recreation maintenance activity budget. All ayes - carried. 15. Parking Restrictions 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. 4328 RESOLUTION RELATING TO TRAFFIC.CONTROL SIGNS "NO PARKING AT ANY TIME" ON BOTI3 SIDES OF 76TH STREET FROM LYNDALE AVE. TO PENN AVE. Poll of votes- Ayes - Anderson, Jacobsen, Luettinger, Law and Olson. Nays - none. Absent none. Carried. This resolution appears as resolution ~'~4328 in resolution book ~~27. 16. Release of Off-Street Parkin Bond Motion by Jacobsen, seconded by Law, that the following resolution be adopted that it be spread in the resolution book and that it be made a part of these minutes: -9- Feb. 23, 1970 RESOLUTION N0. 4329 RESOLUTION RELATING TO RELEASE OF BOND ON OFF-STREET PARKING Poll of votes: Ayes - Anderson, Jacobsen, Luettinger, Law and 01son. Nays m none. Absent -none. Carried, This resolution appears as resolution ~r4329 in resolution book ~k27. 17. Legislative Issues for Second Class Cities Motion by Jacobsen, seconded by Law, that in response to a request from the City of Austin, Minn,, Richfield should host a meeting of second class cities to consider legislative issues. A11 ayes - carried. 18. City Membership in National Sound Control Organization Motion by Law, seconded by Jacobsen, that the council defer the matter of the city°s membership in the national organization to insure a sounds controlled environment until after the MASAC meeting on March 10th, All ayes - carried, 19. Snowmobile Regulations in Hennepin County Motion by Jacobsen, seconded by Law, 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. 4330 RESOLUTION RECOGNIZING THE NEED FOR UNIFORM SNOWMOBILE REGULATIONS WITHIN THE MUNICTPALIT'IES OF HENNEP7N COUNTY Poll of votes: Ayes - Anderson, Jacobsen, Luettinger, Law and Olson. Nays - none. Absent o none. Carried. This resolution appears as resolution ~~4330 in resolution book ~~27. 20. Licenses Motion by Jac®bsen9 seconded by LuettingerD that the following licenses be granted: ®10~ Feb. 23, 1970 New Steins, Inc., Shakopee, Minn, Heating Renew. American Health Clubs &-Spas, 66 1/Z W. .66th St. Soft Drink Renew. Bud's Texaco Service, 1215 E. 66th St. 1 Candy Vend. Mach. Soft Drink Renew. Canteen Co. of Minn., Inc,, 6300 Penn Ave: Food, Fleet, 4 Vending Machs., Cig., Soft Drink Renew. HoBbycraft House, Inc,, 6237 Lyndale Ave. S. Soft Drink Renew. Jack's Gulf Service, 6949.Nicollet Ave. Soft Drink Renew. Kenny's Suzuki, 6520 Lyndale Ave. S. New & Used MotorVehicles, Soft Drink Renew. King Katers, 6300 Penn Aveo 12 Food Vehicles, Cig. Renew. Penn Ave, Standard, 6545 ~"enn Ave. Cig. Rc~ner~® Wilhelm's Standard, 7720 Nicollet Ave. Ice Machine, Soft Drink, C~ New Phillips Petroleum Co., ~Woodlake 66) 744 W. 66th St. Soft Drink Renew. iron's Royal Standard, 1820 E. 66th St. 3 Vend. Machs., Soft Drink Renew. Thomas Sweeney, 4129 Chicago Ave. Taxicab Driver Renew. Arthur Swanstrom, 5016 Belmont So. " Renew. Richard Anderson, 281 qty Rd. 42, Rosemount New Aaron Aupperle, 4165 Yosemite Ave. S. " New Robert Bergstrand, 2600 Bryant Ave. S. B1 N~ John Bruzell, 11900 W. Crawford Rd., Hopkins " New Robert Burgoyne, 412 Adams Ave. 1° New John Cadwell, 12400 Skyline Dr., ~u~tnsville " New Glen Christianson, 6105 W. 14th St~. " Renew. Mitchell Christianson, 2828 ~eleware S.E. " New Richard Copley, 5216 Division Ste, Edina " New William Counts, 11507 Keating Ave., Burnsville " Renew. James Csargo, 4001 W. 89th St. '- New John Delander, 8231 Aldrich Ave. S. " New Rufus Freeman, 5724 Xerxes Ave. S. °1 New Gerald Fritz, 6500 15th Ave. S. " Renew. Richard Heilig, 5501 Glengarry Pkwy., Edina " New Kent Herschboch, 18800 Lyndale Ave. S. New Michael Johnson, 687 E. 79th St., Apt. 10 t° New Norman Lawrence, 2617 3rd Ave. S. " Ne%a John Liemandt, 12425 Lime St., Edina " New Donald Love, 224 County Rd. 42, Rosemount New Donald McIllece, 511 W. 74th St. " New ~ Donald Oxborough, 2823 Grand Ave. " Renew. Arley Pearson, 15800 Lyndale Ave. S. '° New William Reesman, 1103 E. 80th St. Apt. 105 " New David Ristvedt, 8001 12th Ave. " New Gary Satouich, 112 Pinewood Circle, Rosemount " New Donald Schaff, 4154 Wentworth " New Ronald Sundt, 885 Hopewell Ln.¢ Apple Valley " New Nels Wayman, 10116 Pleasant Ave. " All ayes o carried. 1 ®110 Feb, 23, 1970 21. Claims & Payroll Motion by Law, seconded by Jacobsen, that the following claims and payroll be ~a1lc~wed: RTCHT'~LD BANK. & `T'RUST CO. Ck. ~~ 2509/2601 (general) $159,861.66 SUMMI`T' STATE BANK Ck. ~~ 10193/10235 (general) 30,634.93 Ck. ~k 10239/10494 (payroll) 74,356.87 All ayes ~ carried. 22. Appointment to Ice Arena Committee Motion by Anderson, seconded by Jacobsen, that the following appointment be made to the c®mmittee on the ice arena: Henry Hauer, 6233 5th Ave. S. A11 ayes carried, 23. Change Order Motion by Jacobsen, seconded by Luettinger, that the following change order be allowed: J. A. Danens & Sons, Inc., City Proj. ~~'S49, Dredging of Woodlake, 08156 $1,000 All ayes m carried. 24. Report on Warming Houses The pity manager reported that the warming house at Wood Lake skating rink would be removed shortly to make room for-new buildings. 25. Adjournment Motion by Jacobsen, seconded by Anderson, that the meeting be adjourned, All ayes m carried. Thomas J~'oran, City Clerk