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05-23-1977CITY OF RICHFIELD Regular Meeting May 23, 1977 The Council of the City of Richfield met in regular session in the Council Chambers of the City Hall on Monday, May 23, 1977 at 7:00 PM. In the absence of Rev. Charles Jones, Mayor Law lead in the Lord's prayer. 'The meeting was called to order by Mayor Law. Present: Anderson, Jacobsen, Ludeman, Luettinger, Law. 1. Minutes Motion by Luettinger, seconded by Jacobsen that the minutes of the May 9, 1977 council meeting be approved as presented. All ayes - Carried. 2. Continuation of Liquor License Application Hearing for the Godfather Restaurant, 700 West 66th Street Mr. Burggraaff, city manager, reviewed information on this license application and the items of discussion that lead. to continuation of the hearing. Mr. Gerald Singer, attorney for Mr. John C. Anzevino, the applicant, re- ported on the disposition of taxes due the state. He also said the proposed operation of the restaurant was not to include dancing or live entertainment. Frank Riley, 6915 Portland, representing the State of Minnesota Department of Revenue, reported on the state's tentative agreement for settling the withholding and sales taxes due the state. Mr. Anziveno reported on his proposed financing of the restaurant and method of operation. He also reported he would be willing to remove the roof top sign prior to the issuance of any licenses. Tom Morgan, public safety director, reviewed the financial information that had been submitted with the application. Mr. Gerald Burnett, partner of Mr. Anzevino, verified his cash resources that would be made available for the operation. Council Meeting Minutes -2- May 23, 1977 Mr. Merlin Dahl, attorney for Messrs. Dayton and Swain, the sellers of the property reported on that anticipated transaction. Council consideration of information provided indicated that there were still areas of uncertainty and questions that required more complete answers. Motion by Luettinger, seconded by Law to continue this hearing to a special council meeting on May 31, 1977 (same time as the Board of Review meeting), and request that the council be furnished the following information: 1. Complete information on the proposed disposition of unpaid city utility bills and delinquent state taxes including the lien filed by the state. 2. More complete information on sources of financing and how such financing will be used in the business. • 3. A cominitmertt to appoint ~a Richfield resident as manager in•~ accordance with ordinance provisions. 4. Disposition of the lis pendens proceedings to clarify property ownership. All ayes - Carried. 3. Request for Rehearin on Paradise Palace Sauna License Revocation The city manager reviewed the background of this license revocation and Paradise Palace Sauna's request for a rehearing. 1 Ms Carol Grant, attorney representing Mr. Robert Higley,owner of the establishment, requested a rehearing for Mr. Higley to explain his proposed methods of improving management of his business which she believed would support city council reconsid- eration of the revocation decision. Motion by Jacobsen, seconded by Law to reopen the hearing. Poll of votes: Ayes - Jacobsen, Law. Nayes - Anderson, Ludeman, Luettinger. Motion failed. John Dean, city attorney, discussed various alternatives available to the council in this matter. Motion by Luettinger, seconded by Jacobsen to reopen the hearing. Council Meeting Minutes -3- May 23, 197? Poll of votes; Ayes - Jacobsen, Ludeman, Luettinger, Law. Nayes - Anderson. Carried. Ms Grant told of Mr. Higley's efforts to improve the supervision of the sauna and reported that he had contracted with Mid-Star Security System for surveillance of the premises and operations. ~. Councilman Luettinger asked if the surveillance reports mould be made ~: e d. available to the public safety department. Mr. Higley indicated he would do so. Motion by Ludeman, seconded by Luettinger to close the hearing. All ayes - Carried. Councilman Ludeman suggested suspending the license for 45 days as an alternative to revocation. After council discussion on number of suspension days, it was agreed to suspend for 43 days to compensate for the two days the sauna had already closed. The city attorney suggested this be done by resolution. Motion by Ludeman, 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. 5722 RESOLUTION SUSPENDING SAUNA LICENSE ISSUED TO PARADISE PALACE SAUNA Poll of votes: Ayes - Jacobsen, Ludeman, Luettinger, Law. Nayes - Anderson. Carried. This resolution appears as Resolution No. 5722 in~Resolution Book No. 40. 4. Approval of Installation of Noise Abatement Barriers The city manager reported on the neighborhood meeting that had been held, at the request of the city council, to give the residents near the proposed noise barrier walls another opportunity to react to the proposed construction. The meeting and subsequent calls indicated that virtually everyone affected continued to approve of the plans. The city engineer reported on plans submitted by the highway department. Council Meeting Minutes -4- May 23, 1977 C. D. Norling of 6228 Pleasant, reported some of the plan was based on lack of ownership to certain right of way. Louis Thayer, 6233 Aldrich, stated he was in favor of the barrier if it could be extended fifty feet across the medical building a~ 6224 Lyndale. Motion by Jacobsen, secand~d 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. 5721 RESOLUTION APPROVING PLANS, SPECIAL PROVISIONS AND SPECTFTCA'TIONS FOR THE IMPROVEMENT OF TRUNK HIGHWAY N0. 394, RENUMBERED AS TRUNK HIGHWAY N0. 35 WITHIN THE CORPORATED L1MIT5 OF THE CITY OF RICHFIELD FROM THE WEST JUNCTION OF C.S.A.H. 62 TO EAST JUNCTION OF C.S.A.H. 62 (Noise Attenuator Wall and Landscaping) S.P. 2782-187 (35W=394) Clerk's File No. 8792 Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None. Carried. This resolution appears as Resolution No. 5721 in Resolution Book No. 40. Motion by Luettinger, seconded by Anderson that the department of trans- poeration be requested to study the feasibility of extending the barrier to Lyndale Avenue along the eastbound exit ramp-and submit a report to the city council. All ayes - Carried. 5. Discussion on West Junior High Swimming Pool Season Ticket (Not on Agenda) Approximately twenty residents appeared before the council and asked for a discussion of the cost of .tickets for the West Junior High pool. The general consensus was that a season ticket was preferred over the hourly charge. A con- tinuation of the city subsidy of the pool was requested if necessary to provide season tickets. The city manager reviewed the 1976 operation of this pool facility, including low usage and the estimated $13,000 subsidy provided by the city. He also reported on the fact that no funds were provided .for subsidy in the 1977 budget and that the Council Meeting Minutes -5- May 23, 1977 city council had adopted a policy position which had been supported by the school board, that any use of West Junior High indoor pool would have to be on a self- supporting basis. Tom Harmon, 7126 Morgan, presented a petition {C-8793) opposing the hourly admission charge and requesting consideration of a season ticket for West Junior High swimming. The following residents appeared and supported season tickets with city subsidy if necessary: Lowell Carl, 6421 Newton Mrs. LaVonne Applebaum, 6650 Newton Bob Wittsack, 7434 Newton Robert Ha11, 7309 Oliver Roger Stern, 6625 Newton Dave Arnold, 7209 Knox Sandra Engen, 7621 Morgan Don Fondrick, parks and recreation director, reported that based on the statistics on the indoor pool use last year, it would be feasible to operate West Junior High pool on a self-sustaining basis by selling a minimum of 250 such tickets for $32 per family. The city manager suggested trying this plan by holding the checks on the indoor season ticket a certain length of time to see if the required number of tickets could be sold. Mayor Law suggested a program whereby the interested parties make an assertive effort to sell the outdoor season ticket and if enough of them were sold over last year's level, the operation could be self-supporting. He asked if those in the audience would be able to volunteer their efforts in such a drive. Ms Julia Poehling, chairperson of the parks and recreation advisory commission, supported the commission's recommendation by stating that budgets were very tight and that the commission did not believe West Pool should be subsidized if it would mean a reduction in other park and recreation programs since the city already operated a large outdoor city pool. She reported that the city council had Council Meeting Minutes -6- May 23, 1977 requested the commission to propose a fee system which would be self supporting. 'T'here was additional discussion as to what would happen if the minimum number of 250 season tickets were not sold. It was suggested that the council should determine what other course of action should be taken if there appeared to be little interest in this alternative. It was also suggested that there were many more potential users than the 250 minimum number and that there should be a positive attitude that a sufficient number would be sold. Motion by Ludeman, seconded by Luettinger to offer a West Junior High indoor pool summer season ticket at the rate of $32 per family with the ticket holder also able to use the city outdoor pool at no additional cost. The motion was amended to include the following special prices for other categories of tickets which could be used in the same manner: Resident single $20.00 Non-resident family $48.00 Non-resident single $36.00 Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger. Noyes - Law. Carried. Council discussion followed concerning the possibility of raising the season ticket prices for the city's outdoor pool sa that a single season ticket would provide enough revenue to operate both the city outdoor pool and the school district indoor pool during summer months. Motion by Anderson, seconded by Jacobsen to decide this matter at a public hearing this fall during the budget process. All ayes - Carried. 6. Fire Fighters Local 1215 Contract (Not on Agenda) The city manager recommended ratification of the 1976 Local 1215 labor agreement. He also recommended adoption of a resolution to fund the settlement. Motion by Ludeman, seconded by Jacobsen,that the following resolutions be adopted; that they be spread in the resolution book and that they be made a part 1 - 7- RESOLUTION N0. 5723 RESOLUTION APPROVING LABOR CONTRACT BETWEEN CITY OF RICHFIELD AND THE MEMBERS OF LOCAL 1215, I1~ITERNATIONAL ASSOCIATION OF FIRE FIGHTERS, AFL-CIO RESOLUTION N0. 5724 May 23, 1977 RESOLUTION AUTHORIZING TRANSFER OF APPROPRIATION FROM THE 1977 CONTINGENCY TO PUBLIC SAFETY DEPARTMENT AND REVISING 1977 BUDGET TO INCLUDE SETTLEMENT ON FIRE FIGHTERS' 1976 RETROACTIVE PAY 1 Council Meeting Minutes of these minutes: Po11 of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None. Carried. These resolutions appear as Resolutions Numbers 5723 and 5724 in Reso- lution Book No. 40. 7. Application to Move House and Garage from 7021 Penn Avenue to 6508 19th Avenue Mr. Laurel C. Stein appeared in behalf of his application to move a house and garage from 7021 Penn Avenue to 6508 19th Avenue. Motion by Jacobsen, seconded by Luettinger to approve this application subject to the stipulations as listed in Council Letter No. 157 with the provision the permit not be issued until the applicant provides signed statements from property owners on both sides of the subject property approving the move. A11 ayes - Carried. 8 Request for Temporary Sign. Permit - Lindahl Olds The city manager presented the request of Lindahl Olds, 1900 West 78th 1 Street, for a temporary sign permit to allow the use of advertising spotlights for the Memorial Day weekend. He reviewed a special use permit and off-street parking contract issued to this firm. in September of 1976 which has not been complied with to date. In view of this neglect, the staff recommended denial of this request. Mr. Ray Havorak, service director at Lindahl Olds, appeared in behalf of this application. Council Meeting Minutes -8- May 23, 1977 Motion by Anderson, seconded by Luettinger, to .approve this request for a temporary sign permit with the stipulation that provisions of the special use permit and off-street parking contract be completed within 30 days and that the staff notify Mr. McCarthy of Lindahl Olds, by letter of this stipulation. All ayes - Carried. 9. Request to Advertise for Bids to Paint Water Tower Motion by Luettinger, seconded by Jacobsen to authorize the call for bids for the interior and exterior painting of the Penn Avenue water tower. A11 ayes - Carried. 10. Request to Advertise for Bids for Street Vacuum Sweeper The city manager reported that the acting public works director has determined that our present needs for a vacuum street sweeper can be met by obtaining a vacuum street sweeper attachment which can be installed on our current Vac-A11 truck which will perform the same function as a new sweeper unit, and requested auth- orization to call for bids for purchase. Motion by Luettinger, seconded by Jacobsen to authorize the staff to call for bids for the purchase of a vacuum street sweeper attachment. All ayes - Carried. 11. Approval of Purchases in Excess of $1 000 Motion by Jacobsen, seconded by Anderson, to approve the purchase of a new utility box to be used on a new truck in the water division in the amount of $1,372 from McQueen Equipment Company. A11 ayes - Carried. The city manager reported on the emergency repairs made on the city hall heating/air-conditioning system. Motion by Jacobsen, seconded by Anderson to approve expenditure for repairs in the amount of $4,500. A11 ayes - Carried. Council Meeting Minutes -9- May 23, 1977 The city manager recommended adoption of a resolution transferring funds from the contingency to cover the cost of these repairs. 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. 5725 RESOLUTION AUTHORIZING TRANSFER OF APPROPRTATTON FROM THE 1977 CONTINGENCY ACCOUNT FOR EMERGENCY REPAIRS Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None. Carried. This resolution appears as Resolution No. 5725 in Resolution Book No. 40. Motion by Jacobsen, seconded by Luettinger to approve the payment of $2,320 to Hoffman Electric for electrical work done on the lift station at Colfax and 73rd, City Project No. 700. All ayes - Carried. 12. Approval to Se11 Fire Apparatus Motion by Anderson, seconded by Jacobsen to authorize the city manager to enter into informal negotiations with interested purchasers for the sale of the city's 85 foot ladder truck. All ayes - Carried. 13. Traffic Control Requests "No Parking Anytime" on both sides of Cedar Avenue between 64th and 65th Street Motion by Ludeman to approve this request. Motion died for lack of a second. Motion by Anderson, seconded by Jacobsen to approve the committee's recom- mendation for denial on the above request. All ayes - Carried. Council Meeting Minutes -10- May 23, 1977 Motion by Anderson, seconded by Jacobsen to defer the request for parking prohibitions reading "No Parking 3:30 - 5:30 PM" on the west side of Lyndale Avenue between 74th and 76th Street. All ayes - Carr.i.ed. 14. Approval of Lease with MAC for Community Gardens Motion by Anderson, seconded by Jacobsen to authorize the mayor and city manager to execute the lease agreement with Metropolitan Airports Commission for community garden plots. All ayes - Carried. 15. Appointments to the Human Rights Commission Motion by Jacobsen, seconded by Luettinger that the following persons be reappointed to serve on the Suman Rights Commission: Ralph Olson, Brenda Olsen and Rev. John McMillan; and to appoint Vaughn R. Norberg, 6329 Russell Avenue, to serve his first term on the commission. All ayes - Carried. 16. Proposed Revision in Sauna License and Masseuse Certificate Fees Bill 1977-11, "Amendment to Chapter V, Part II Section 5.25 of the Ordinance Code of the City of Richfield", relating to the regulation of sauna and massage parlors, and Bill 1977-12, "Amendment to Chapter V, Part II Section 5.26 of the Ordinance Code of the City of Rivhfield", relating to the regulation of the practice of massage, were read and reviewed by assistant city attorney, John Dean, the same being on file in the office of the city clerk. (C-8794, 8795) Motion by Anderson, seconded by Ludeman that this constitute a first reading of Bi11s 1977-11 and 1977-12; that they be published in the official newspaper and that second reading of these ordinance amendments be scheduled for June 13, 1977. Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None. Carried. i~ Council Meeting Minutes -11- 17 Public Relations and Communications Training Program May 23, 1977 Motion by Anderson, seconded by Luettinger to deny the city manager's initial and amended recommendation for a city employee training program in communications at this time. All ayes - Carried. 18. Discussion of Taxicab Driver's License Motion by Ludeman, seconded by Luettinger to revoke the license that had been previously issued to Mr. Floyd S. Marshall, Sr. All ayes - Carried. Mr. Marshall appeared and indicated to the council that he would appeal - - - -- this action to the attorney general in regard to his rights under the ex-criminal offenders rehabilitation act. Tom Morgan, public safety director, summarized the traffic and criminal record of the applicant which had been previously provided to the applicant and repeated his recommendation for denial because of the direct relation of the offenses to the type of license involved. 19. Vacancy Moratoriums Motion by Ludeman, seconded by Luettinger to approve the filling of the accountant position vacancy and defer action on the water maintenance man and personnel director positions. Po11 of votes: Ayes -Ludeman, Luettinger, Law. Nayes - Anderson, Jacobsen. Carried. 20. Barricades for Block Party Motion by Anderson, seconded by Jacobsen to approve the request of Mr. William J. Miller, 2956 Washburn Circle, to barricade Washburn Circle from the north line of the residence at 2921 through the south line of his residence between the hours of 3:00 PM until 7:00 PM on Saturday, June 11, 1977 for the Council Meeting Minutes -12- May 23, 1977 purpose of holding a block party. The only stipulation is that the city erect barricades and warning devices in such a way so as to permit ingress or egress of emergency vehicles should this be necessary. All ayes - Carried. 21. Payments and Estimates Motion by Anderson, seconded by Jacobsen that the following payments and estimates be approved: A. E. H. Renner & Sons Well Co,, Estimate No. 6, 7Z% complete, Contract No. 2220, City Project No. 695, Deep Well ~~7 - $3,008.25 B. Electrical Service Co., Estimate No. 1, 14% complete, Contract No. 2238, City Project No. 686, 1977 Residential Street Lighting, Areas No. 12, 14A and 15 - $13, 078.62 All ayes - Carried. 22. Claims and Pa olls Motion by Jacobsen, seconded by Anderson that the following claims and pay- rolls be approved: RICHFIELD BANK AND TRUST Checks 29384/29969 $246,918.43 SUMMIT STATE BANK Checks 21875/22437 General $846,828.58 Checks 21881/22399 Payroll $132,247.42 All ayes - Carried. 23. Licenses Motion by Jacobsen, seconded by Luettinger that the following licenses be approved: Fee Waived New Men's Slowpitch Softball Torunament, Taft Park Food,~soft drink June 25 and 26 Renewal East Richfield Little League Food, soft drink Renewal W. Richfield Little League (Lincoln Field) Ice machine, food, retail candy shop, soft drink Renewal W. Richfield Little League (Donaldson) Ice machine, Food, retail candy shop, soft drink 1 Council Meeting Minutes A11 ayes - Carried. -13- May 23, 1977 Motion by Jacobsen, seconded by Ludeman that the following licenses be 1 approved: Regular Renewal Four Seasons Equipment, 6409 Lyndale New Trans-Diversified, Inc., 6958 Cedar Avenue New Richfield High School (Donaldson Park) New Fas Gas, 6544 Portland Avenue New Walgreen Drug, 12 W. 77th Street New Fas Gas, 6744 Penn Avenue Renewal James Cutler, Cutler Animal Hospital Renewal I. B. Meat Rack, 813 E. 66th Street New Union 76, 601 E. 66~h Street New Adrians Softball Tournament, Taft Park New American Health Clubs, 66 1/2 Street New Lundahl Olds, 1900 W. 78th Street Taxicab Drivers New Michael J. Moser, 2228 Riverwood Place, St. Paul New Lewis S. Frisch, 3430 List Place, Minneapolis New Steven M. Lundahl, 1110 Valleyhigh Drive, Bloomington New Michael L. Harwood, 15800 Buck Hi1T Road, Burnsville New Dennis L. Brouwer, 2236 E. 86th St.,Bloomington Renewal Kelton M. Goranson, 3040 Lyndale Avenue, Minneapolis New Roger M. Erickson, 1000 8th St., Minneapolis New Warren A. Franke, 4325 15th Avenue, Minneapolis New John P. Dolan, 7320 3rd Avenue, Richfield A11 ayes - Carried. 24. Extra Items Food Vending machine Food, soft drink Soft drink Soft drink, vending machine Soft drink Kennel License Food Food Soft drink Vending machine Temporary signs Motion by Jacobsen, seconded by Ludeman to approve the change order in the amount of $656.00 to Hayes Contractors, Inc. for repairs and valves at the swimming pool. A11 ayes - Carried. It was announced the Sign Committee will hold a special meeting on May 26, 1977 1 at 7:00 PM for a tour and then meet at the Community Center. Mayor Law reported he had been asked to request council consideration of waiving two 1976 bills for American Legion tournament game ballfield lighting re- quests. Discussion indicated the charges were in accordance with city policy and Council Meeting Minutes -14- that similar fees had been paid by other organizations. May 23, 1977 The city manager was directed to write the American Legion, advising them that the charges were in accordance with city policy and must be paid. 25. Adjournment Motion by Jacobsen, seconded by Anderson that the meeting adjourn. A11 ayes - Carried. Time: 2:17 AM, May 24, Date Approved: June 13, 1977 ~~~G~.16~./J/ Thomas J. M an City Clerk 1 1 VV ~\ Wayn S. Burggraaff ty M n ger