Loading...
03-28-1977CITY OF RICHFIELD Regular Meeting March 28, 1977 The Council of the City of Richfield met in regular session in the Council Chambers of the City Hall on Monday, March 28, 1977 at 7:00 PM. Anderson Rev. David ~.of the Wooddale Baptist Church, gave the invocation. The meeting was called to order by Mayor Law. Present: Anderson, Jacobsen, Ludeman, Luettinger, Law 1. Minutes Motion by Luettinger, seconded by Ludeman that the minutes of the March 14, 1977 council meeting be approved as presented. A11 ayes - Carried. 2. Continuation of Liquor License Hearing, Butterfield Overland Express, Inc. Wayne S. Burggraaff, city manager, read a resolution stating that subsequent to the March 14th council meeting, Butterfield Overland Express, Inc. had withdrawn its license application. Motion by Jacobsen, seconded by Ludeman to close the heaxing. All ayes - Carried. 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: RESOLUTION N0. 5693 RESOLUTION CONCERNING WITHDRAWAL OF AN APPLICATION FOR AN ON-SALE INTOXICATING LIQUOR LICENSE FOR A RESTAURANT TO BE LOCATED AT 1400 WEST 77TH STREET Po11 of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None. Carried: This resolution appears as Resolution No. 5693 in Resolution Book No. 40. 3. Request for Special Use Permit for Public Garage, and Off-Street Parking Agreement, 7700 Portland Avenue Richard Krier, planning director, presented the request of Donald E1sen, property owner, and David Skramstad and Robert Bloomquist, tenants,for a special use permit Council Meeting Minutes ~2- March 28, 1977 to operate an automotive parts machine shop in conjunction with the retail sale of automotive parts. The proposed business will be known as Dyna-Motive and will specialize in custom crankshaft work and specialty welding on foreign cars. David Skramstad, 3638 Cardinal Road, Minnetonka, the petitioner, was present. Motion by Jacobsen, seconded by Anderson to close the hearing. All ayes - Carried. Motion by Luettinger, seconded by Ludeman to approve the special use permit for a public garage with the following stipulations as listed in Council Letter No. 100: 1. The distance to the north curb cut on Portland Avenue is less than the required 40 feet from the intersection. The Hennepin County Department of Public Works, in reviewing this proposal recommends that this curb cut be closed or moved 50 feet from the intersection (Portland Avenue is a county road). The applicant has agreed to close this curb and complete additional landscaping. 2. It will be necessary for the applicant to execute an off-street parking agreement with the city. 3. Only one detached pedestal-type sign is allowed, and one sign of this type presently exists. 4. Because the site is at an intersection, provision must be made for an unobstructed area free of vehicles, signs (other than pedestal type), displays and other material to and within 50 feet of the intersection. All ayes - Carried. Motion by Luettinger, 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. 5694 RESOLUTION APPROVING LAYOUT ADTD CONTRACT FOR OFF-STREET FARMING IN ACCORDANCE WITH APPLICATION N0. 77-1 CONTRACT N0. 2235 David J. Skramstad 3638 Cardinal Road, Minnetonka Location: 7700 Portland Avenue South Use: Automotive Parts Sales and Automotive Machine Shop Clerk's File No. 8788 Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law, Nay es - None. Carried. This resolution appears as F.esolution No. 5694 in Resolution Book No. 40. Council Meeting Minutes -3- March 28, 1977 4. Request for Special Use Permit for Public Garage, 7222 Cedar Avenue The planning director presented the request for a special use permit for a public garage at 7222 Cedar Avenue. The applicants, Mr. Raymond Haeg, the property owner, and Mr. Stephan Jensen, the tenant of the building, were present. They proposed to do heavy mechanical work, such as .transmission repair, in a portion of the building occupied by the Haeg Plumbing Company. Motion by Anderson, seconded by Jacobsen to approve the issuance of a special use permit for a public garage. All ayes - Carried. 5. Hearing on Rezoning, Approval of Final Planned Unit Development Plans, and Special Use Permit, PUD The city manager advised that Architectural Alliance, the developer of the PUD project at the Wood Lake School site, had requested that the public hearing on this proposed rezoning be deferred until April 25, 1977. Motion by Ludeman, seconded by Jacobsen that this item be deferred to the April 25 council meeting as requested by the applicant. All ayes - Carried. 6. Appeal of Masseus_ Certificate Revocation The city manager reported that Ms. Chong Sun Kauffman had surrendered her masseuse certificate. 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. 5695 RESOLUTION ACKNOWLEDGING SURRENDER OF MASSEUSE CERTIFICATE BY CHONG SUN KAUFFMAN Po11 of votes: Ayes - Anderson, Jacobsen, Luettinger, Law, Ludeman. Nayes - None. Carried. This resolution appears as Resolution No. 5695 in Resolution Book No. 40. Council Meeting Minutes -4- March 28, 1977 6A. Appeal of Sauna License Revocation. Viking Kings and Oueens Sauna Attorney James Schumacher, 4601 Excelsior Boulevard, representing Viking Kings and Queens Sauna, appeared in behalf of his client. He requested the council to suspend revocation of this license for a period of thirty days as the principal stockholder was in the process of attempting to sell the Viking Kings and Queens Sauna. Motion by Anderson, seconded by Luettinger to grant a 30 day stay of license revocation for the Viking Kings and queens Sauna. All ayes - Carried. 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 apart of these minutes: RESOLUTION N0. 5696 RESOLUTION REVOKING THE SAUNA LICENSE FOR VTKING KINGS AND QUEENS SAUNA Poll of votes: Ayes - Anderson, Jacobsen, Luettinger, Ludeman, Law. Nayes - None. Carried. This resolution appears as Resolution No. 5696 in Resolution Book No. 40. 7. Appeal of Masseuse Certificate Revocation Dennis Peterson, 605 - 4th Avenue South, the legal counsel for Ms. Jacquelyn Mary Nuno appeared and requested a stay of revocation of masseuse certificate pending criminal trial. Tom Morgan, public safety director, was present and introduced into evidence the investigative officers' reports in support of the revocation of this masseuse certificate. He also reported that the investigating officers were present for questions from the council and Ms.Nuno's attorney. Mr. Peterson did not avail himself of the opportunity to cross-examine the evidence. Ms. Jacquelyn Mary Nuno was not present and her attorney indicated that he had requested her not to be present. Motion by Ludeman, seconded by Jacobsen to close the hearing. A11 ayes - Carried. Council Meeting Minutes -5- March 28, 1977 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 a part of these minutes: RESOLUTION N0. 5692 RESOLUTION REVOKING MASSAGE CERTIFICATE ISSUED TO JACQUELYN MARY NUNO Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None. Carried. This resolution appears as Resolution No. 5692 in Resolution Book No. 40. 7A. Appeal of Sauna License Revocation, Sauna City, Inc. Dennis Peterson, 1egA1 counsel for Sauna City, Inc., appeared and requested a stay of revocation of this license pending criminal action against Ms. Nuno. Public safety director, Tom Morgan, introduced the police investigative material into the evidence and reported that the investigating officers were present for questioning. Mr. Peterson did not avail himself of this opportunity to cross- examine. Motion by Jacobsen, seconded by Anderson to close the hearing. All ayes - Carried. Motion by Ludeman, seconded by Jacobsen to defer action pending the city attorney and Mr. Peterson submitting findings to the council by April 6, in order that this item can be placed on the agenda for the April 11, council meeting. All ayes - Carried. $. Ordinance Amendment Prohibiting Nudity in Certain Places. Second Reading. Bill No, 1977-7, "An Amendment to Chapter X, Part III of the Ordinance Cade of the City of Richfield", dealing with misdemeanor offenses, was read by the city attorney. Mr. Gordon Anderson, 7501 Elliot, spoke against this proposed amendment. Mr. Robert Riley, 7233 Queen, spoke in favor of this amendment. Motion by Anderson, seconded by Ludeman that this constitute a second reading of Bill No. 1977-7; that it be published in the official newspaper and that it be Council Meeting Minutes -6- March 28, 1977 made a part of these minutes. Po11 of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None. Carried. 9. Approval of Plans and Specifications L/H/N Public Improvements City. Project No. 705 ~ The city planning director requested council approval of plans and specifications for City Project No. 705, the Lyndale/Hub/Nicollet public im~irovements project. The area included in this project is Nicollet Avenue from 64th Street to 67th Street, 66th Street from First Avenue to Lyndale Avenue, 65th Street realigned from Nicollet Avenue to Rae Drive (exclusive of the Lyndale Avenue intersection) and First Avenue from 65th Street to 66th Street. Mr. Peter Jarvis of BRW, was also present and outlined the project. Residents that spoke from the audience regarding this project were Lawrence Wozniczka, 6744 Wentworth, Robert Riley, 7233 Queen, and Don Elsen, 7044 Columbus. 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: RESOLUTION N0. 5700 RESOLUTION ORDERING PREPARATION OF REPORT ON PERMANENT STREET SURFACING, ORNAMENTAL STREET LIGHTING AND APPURTENANCES THERETO City Project No. 705 1977 L/H/N Public Improvement Project Po 11 of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes -None. Carried. This resolution appears as Resolution No. 5700 in Resolution Book No. 40. Motion by Anderson, seconded by Luettinger to authorize the city manager to transmit a copy of this resolution to Hennepin County for .its approval of the public improvement project. All ayes - Carried.` Council Meeting Minutes -8- March 28, 1977. adopted; that it be spread in the resolution book and that it be made a part of these minutes: RESOLUTION N0. 5698 RESOLUTION RELATIlVG TO TRAFFIC CONTROL SIGNS REMOVE SCHOOL CROSSING STOP SIGNS (DROP TYPE) AT THE FOLLOWING LOCATIONS: 70TH STREET AND ELLIOT AVENUE 70TH STREET AND 4TH AVENUE 73RD STREET AND 4TH AVENUE 77TH STREET AND 3RD AVENUE Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Noyes - None. Carried. This resolution appears as Resolution No. 5698 in Resolution Book No. 40. 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. 5699 RESOLUTION RELATING TO TRAFFIC CONTROL SIGNS ESTABLISHMENT OF LOADING ZONE IN THE AREA OF 70TH STREET AND HARRIET AVENUE Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Noyes - None. Carried. This resolution appears as Resolution No. 5699 in Resolution Book No. 40. RECESS - 10:00 RECONVENE - 10:30 13. Minutes, Tabulation of bids and Award of Contract for Valve Repairs at Municipal Outdoor Swimming Pool Motion by Ludeman, seconded by Jacobsen to approve the bid minutes and tabulation of bid for swimming pool improvements. A11 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 a part of these minutes: RESOLUTION N0. 5702 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT TO HAYES~CONTRACTORS, INC. FOR MECHANICAL VALVES AT THE RICHFIELD MUNICIPAL SWIl~IING POOL CITY PROJECT N0. 702 Clerk's File No. 9786 [1 ~, ~: Council Meeting Minutes -9- March 28, 1977 Po11 of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Hayes - None. Carried. This resolution appears as Resolution No. 5702 in Resolution Bonk No. 40. 14. Approval of Lease Agreement with Hennepin County for Communications Equipment 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. 5703 RESOLUTION APPROVING LEASE AGREEMENT WITH HENNEPIN COUNTY FOR COMMUNICATIONS EQUIPMENT Po11 of votes: Ayes - Anderson, Jacobsen, Ludeman, 'Luettinger, Law. Hayes - None. Carried. This resolution appears as Resolution No. 5703 in Resolution Book No. 40. 15. Setting Date of Hearin,~for Board of Review Motion by Jacobsen, seconded by Luettinger to set the date for the 1977 Board of Review meeting for Tuesday, May 31, 1977 at 7:00 PM. A11 ayes - Carried. 16. Discus_s_ion of Legzislative Matters House File No. 1~ Social Services Consolidation Motion by Ludeman, seconded by Jacobsen that a policy statement in opposition to this legislation be adopted. All ayes - Carried. Uniform Local Goverrnnent Election Day Motion by Ludeman, seconded by Jacobsen to request the staff to submit a policy statement in opposition to this proposed legislation. A11 ayes - Carried. Tax Increment Financing Richard Krier, planning director, reported on his involvement in the task force that prepared this program and summarized the recommendations and conclusions of the task force. Council Meeting Minutes -10- ~ March 28, 1977 17. Administrative Matters Mayor Law reported that MAC had held a meeting regarding the bus garage. He requested that a resolution be prepared in support of the 24th Avenue site. Further meetings will be April 4, 5, 6 in Room 303, Terminal Building. 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. 5705 RESOLUTION SUPPORTING MTC BUS GA'ftAGE CONSTRUCTION AT 24TH AVENUE SITE Po11 of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None. Carried. This resolution appears as Resolution No. 5705 in Resolution Book No. 40. 18. Claims and Payrolls Motion by Luettinger, seconded by Jacobsen that the following claims and payrolls be approved: RICHFIELD BANK AND TRUST Checks 28286/29178 SUMMIT STATE BANK Checks 20090/21248 General Checks 20091/21212 Payroll A11 ayes - Carried. Amount $2,025,433.83 $ 347,272.85 $ 130,496.40 19. Licenses Motion by Luettinger, seconded by Ludeman that the following licenses be approved: Fee Waived Renewal Church of St. Peter, 6730 Nicollet, one day 3/26/77 - 8:00 PM - 11:00 PM Renewal Hub Business Men's Assoc. (5/24/77 - 5/30/77) Bingo, retail•on-sale beer Carnival Council Meeting Minutes -11- Licenses (Continued) Regular Renewal Mister Pizza, 6700 Penn Avenue Renewal Frenchman's,1400 E. 66th Street New Thomas LeGro, Route 1, Clearwater, Mn. Renewal Budget Inn, 7640 Cedar Avenue Taxicab Drivers New Eric Aaron, 2742 Louisiana Court New Frank Brennen, 1920 First St. So. New Timothy J. McCauley, 6416 McCauley Circle New Steven J. Mo1do, 725 N.E. Lake Street Renewal Philip A. Carlson, 3513 Dupont Avenue S. New William Fitzgerald, 8080 12th Avenue Renewal Michael J. Luikens, 7310 Claredon Drive New Edward Kopplin, 17 E. Lake Street All ayes - Carried. 20. Adjournment March 28, 1977 Music Bos Tavern license Signhanger Vend. machine, soft drink, cigarette Motion by Anderson, seconded by Jacobsen that the meeting adjourn. LJ J A11 ayes - Carried. Time: 11:45 PM. G Date Approved: April. 11~ 1977 G oxen L. Law Thomas J. Mo City Clerk Wayne S. Burggraaff yor Manager