07-25-1977CITY OF RICHFIELD
Regular Meeting
July 25, 1977
The Council of the City of Richfield met in regular session in the council
chambers of the City Hall on Monday, July 25, 1977 at 7:00 p.m.
Councilman Jacobsen gave the invocation.
The meeting was called to order by Mayor Law.
Present: Anderson, Jacobsen, Luettinger, Law
Absent: Ludeman
1. Minutes
Motion by Luettinger, seconded by Jacobsen that the minutes of the July 11, 1977'
council meeting be approved as presented.
All ayes - Carried. Absent - Ludeman.
2. Appeal of Masseuse Certificate Revocation
Wayne Burggraaff, city manager, reviewed the public safety director's revocation
of a masseuse license held by Darlene Virginia Fahrney and the licenseers request for
a public hearing on the revocation.
John Dean, assistant city attorney, reviewed the incident which led to her
license revocation. He presented the council the following information as evidence:
Letter from Tom Morgan, public safety director, .to Ms. Grant setting date of hearing
for July 25; letter from Carol Grant requesting hearing on July 25; letter from public
safety director, dated July 11, to Ms. Fahrney revoking masseuse certificate; appl.ica-
tion for masseur-masseuse certificate; certificate of arrest dated July 7; arresting
officers report of arrest; certificate and declaration of citizen arrest signed by
Richard Simpson; release-receipt of Ms. Fahrney; and statement of events leaning to
citizen arrest signed by Richard Simpson.
Carol Grant, attorney for the licensee, and Darlene Fahrney were present.
Richard Simpson, the individual making the citizen's arrest, was present, as
well as Agent Lambert, the reporting officer.
Council Meeting Minutes -2- July 25, 1977
Attorney Grant, 2134 Arcade, St. Paul, argued in favor of not revoking the
license. Ms. Grant questioned Richard Simpson.
Attorney Dean offered rebuttal and showed Mr. Simpson the statement of events
leading to the citizen ai:rest and Mr. Simpson verified that the statement signed
by him was his report.
Ms. Fahrney, 1608 E. 80th, Bloomington, answered questions from the council.
Motion by Anderson, seconded by Jacobsen to close the hearing.
All ayes - Carried. Absent - Ludeman.
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. 5746
RESOLUTION REVOKING MASSAGE CERTIFICATE
ISSUED TO DARLENE VIRGINIA FAIRiNEY
Po11 of, votes: Ayes - Anderson, Jacobsen, Luettinger, Law. Nayes - None. Absent -
Ludeman. Carried. This resolution appears as Resolution No. 5746 in Resolution
Book No. 40.
3. Oak Grove Assessment Hearing
The city manager reviewed the special assessment process and the method of
calculating the benefit.
Earl Youngren, 204 W. 49th Street, Minneapolis, the treasurer of Oak Grove Church,
spoke in behalf of a favorable adjustment being made to this assessment because of the
question of the benefit received by the church.
Councilman Ludeman arrived at 8:25 PM.
Lawrence Wozniczka, 6744 Wentworth, pointed out the church does receive some
benefit.
Duane Dahnert, 7209 Bryant, vice president of the church congregation, explained
that the church is paying all assessments on the other church parcels but that the
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parcel in question has no value.
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Council Meeting Minutes -3- July 25, 1977
Motion by Anderson, seconded by Jacobsen to reduce the assessment from
$3,348.12 to $1,000.00, a reduction of $2,348.12.
A11 ayes - Carried.
Motion by Jacobsen, seconded by Luettinger, to request the staff to research
the assessment for St. Peter's Church and report the action taken by the council
on this assessment; also to report on the total assessment of both church properties.
All ayes - Carried.
4. Minutes, Tabulation of Bids and Award of Contract for Pump for Well No. 7
Motion by Anderson, seconded by~Jacobsen to approve the bid minutes for the
pump, piping and appurtenant work for Well No. 7.
A11 ayes - Carried.
Motion by Ludeman, seconded by Luettinger to approve the manager's recommendation
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of accepting the low bid of Lee ReichertPlumbing & Heating, Inc. in the amount of
$104,500 and authorize the mayor and city manager to execute a contract with this
firm.
A11 ayes - Carried.
5. Authorization to Call for Bids, Central Garage Cement Work
Motion by Anderson, seconded by Ludeman to authorize the call for bids for im-
provements to the north part of the west building of the central garage facility,
which includes the placing of concrete floor and drainage, The city staff estimates
the cost will be approximately $20,000.
All ayes - Carried.
1976 Storm Sewer Construction and Resolution
for Hearing, Construction 73rd and Colfax
ssment Rol
Motion by Luettinger, seconded by Jacobsen that the following resolutions be
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adopted; that they be spread in the resolution book and that they be made a part of
these minutes:
Council Meeting Minutes -4- July 25, 1977
RESOLUTION N0. 5747
RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING
PREPARATION OF PROPOSED ASSESSMENT ROLL FOR 1977 STORM SEWER CONSTRUCTION
CITY PROJECT N0. 700
RESOLUTION N0. 5748
RESOLUTION CALLING HEARING ON PROPOSED ASSESSMENT
FOR 1977 STORM SEWER CONSTRUCTION
CITY PROJECT N0. 700
Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None.
Carried. These resolutions appear as Resolutions Numbers 5747 and 5748 in Resolution
Book No. 40.
7. Rezoning, L/H/N Redevelopment Area
The city manager reviewed the zoning study in the L/H/N area that had been
requested by the city council. In summary, the staff was recommending addition of
the zoning classification "I" (Institutional) to the zoning ordinance, and that
rezoning be initiated at the following locations:
1. Rezone entire Holy Angels property to Institutional.
2. Rezone the property at 6345 Lyndale Avenue from General Commercial
to Multi-family Residential.
3. Rezone the property at 6320 Lyndale Avenue from General Commercial
to Multi-family Residential.
Lawrence Wozniczka, 6744 Wentworth, spoke against institutional zoning, and asked
consideration on rezoning 6601 Grand Avenue.
Frank Riley, 6915 Portland, spoke in favor of leaving Holy Angels property as
it presently is zoned.
Motion by Luettinger, seconded by Jacobsen to initiate rezoning by referring
the two following locations to the planning commission to be rezoned from General
Commerical to Multi-family Residential:
6345 Lyndale Avenue
6320 Lyndale Avenue
All ayes - Carried.
Council Meeting Minutes -5- July 25, 1977
The council requested the staff to review the status of 6601 Grand Avenue and
return a recommendation to the council at the second meeting in August.
8. Resolution Approving Classification and Sale of Tax Forfeited Land
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. 5745
RESOLUTION APPROVING CLASSIFICATION OF TAX DELINQUENT,
LAND AS NON-CONSERVATION LAND
Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None.
Carried. This resolution appears as Resolution No. 5745 in Resolution Book No. 40.
9. Extension of Off-Street Parking Contract, Service Station, .77th Street and
Portland Avenue, Dynamotive Garage
The city manager advised that an off-street parking contract for an automotive
machine shop at 7700 Portland Avenue was authorized by the council on March 28, 1977.
One of the stipulations of this contract was that the present two curb cuts on
Portland Avenue be closed and one new one be constructed by August 1. Mr. David
Skramstad, the owner, had requested he be granted an extension of time on the off-street
parking contract as he was encountering difficulty in getting a cement contractor.
Motion by Anderson, seconded by Jacobsen to approve the request for an extension.
All ayes - Carried.
10. Off-Street Parking Contract, 7724 Harriet Avenue
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. 5749
RESOLUTION APPROVING LAYOUT AND CONTRACT FOR OFF-STREET
PARKING IN ACCORDANCE WITH APPLICATION N0. 77-5, CONTRACT
N0. 2242
Mr. Jim Weitzel
Kornell Automotive
7724 Harriet Avenue South
Use: Public Garage
Clerk's File No. C-8802
Council Meeting Minutes -6- July 25, 1977
Poll of votes; Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None.
Carried. This resolution appears as Resolution No. 5749 in Resolution Book No. 40.
11. Request for Bingo License from Assumption Church (Not on Aeenda)
The city manager reported he had received a request from Assumption Church for
a bingo license to be used August 13 and 14 during a fun fest. He asked that the
time limit stipulation be waived in this instance as they wished to conduct bingo
from 12 noon to 11:00 p.m. on August 13 and from noon to 8:00 p.m. on the 14th.
Motion by Jacobsen, seconded by Luettinger to approve these daily bingo fee waived
license permits.
All ayes - Carried.
Council recessed at 10:00 p.m. to conduct the HRA meeting and reconvened at
10:25 p.m.
12. Block Party Barricades
The city manager advised two requests for block party barricades had been re-
ceived; Mr. Clarence Huckle, 6920 Thomas, had requested Thomas Avenue between 69th
and 70th Streets be barricaded on July 30 from 2:00 p.m. to 9:00 p.m., and Ms. Joy
Muscato, 7400 Upton Avenue, had requested Upton Avenue between 74th and 75th Streets
be barricaded on August 27 from 4:00 p.m. to midnight for the purpose of holding a
block party.
Motion by Anderson, seconded by Ludeman that these requests to erect barricades
be granted and that they be erected in such a way so as to permit ingress or egress
of emergency vehicles should it be necessary.
All ayes - Carried.
13. Resolution Authorizing Submission of 1978 Communit Health Services Plan
The city manager requested the council to adopt the following resolution that
would enable the city to continue receiving a state subsidy of approximately $55,000
to help support local health programs.
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Council Meeting Minutes -7- July 25, 1977
Motion by Jacobsen, seconded by Luettinger that the following resolution be
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adopted; that it be spread in the resolution book and that it be made a part of
these minutes:
RESOLUTION N0. 5750
A $ESOLUTION APPROVING THE PLAN FOR PROVISION OF
COMMUNITY HEALTH SERVICES IN THE CITY OF RICHFIELD
AND THE SUBMISSION OF AN APPLICATION FOR THE
COMMUNITY HEALTH SERVICES ACT SUBSIDY
Po11 of~ votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nayes - None.
Carried. This resolution appears as Resolution No. 5750 in Resolution Book No._40.
14. Agreement Authorizing Sale of Food Stamps
The city manager reported that representatives of the Hennepin County Welfare
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Department approached the city staff to inquire if the city would be interested in
selling food stamps. After reviewing the proposal, the staff recommended that the
city execute an agreement with Hennepin County to begin selling food stamps by
September 1, 1977.
Motion by Jacobsen, seconded by Anderson to authorize the mayor and city manager
to execute this agreement for a food stamp program.
All ayes - Carried.
15. Claims and Payrolls
Motion by Ludeman, seconded by Luettinger that the following claims and payrolls
be approved:
RICHFIELD BANK AND TRUST Amount
Checks 30027/31129 $766,722.10
SUMMIT STATE BANK
Checks 23511/24359 Payroll $141,882.05
Checks 23487/23510 General $403,982.66
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All ayes - Carried.
16. Licenses
Motion by Ludeman, seconded by Luettinger that the following licenses be
approved:
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Council Meeting Minutes -8-
Fee Waived
New St. Peter's Church, 6700 Nicollet
Regular
Renewal Steve•Shones, Millville, MN.
Renewal Jiaeuuy's Lemon Tree, 818 W. 77 1/2 Street
All ayes - Carried.
July 25, 1977
Food (one day only 8/7/77)
Itinerant food
Ice machine, food, food
vehicle, soft drink, cigarette
Motion by Ludeman, seconded by Jacobsen that the following licenses be approved:
Taxicab Drivers
New Tood Charles Johnson, 2224~County Lane, Minnetonka
New Charles H. Standfuss,.3842 Ballantrae Road, Eagen
New Mary Kay Jerome, 7515 Penn Avenue
New David Edward Crook, 1930 Jade Lane, Eagen
New Michael T. Keefe, 4957 Virginia N.
New William K. Jennings, 205 1/2 E. Hennepin Avenue
New Jeffrey K. Larson, 5405 Emerson Avenue S.
New Frank C. Horner, 373 S. Winthrop
A11 ayes - Carried.
17. Discussion Items Not on the Agenda
Building Permit Fee for School
The city manager advised that the school district had applied for a building
permit and had requested that the fee of $281 be waived.
Motion by Jacobsen, seconded by Anderson to deny this request for fee waiver.
All ayes - Carried.
Direction Sign at Sambo's
Motion by Anderson, seconded by Jacobsen to have the administration request
in behalf of the council that Sambo's erect an "Entrance Only - No Exit" sign on
the drive on Penn Avenue.
All ayes - Carried.
Negotiations
Motion by Jacobsen, seconded by Luettinger to approve bargaining unit negotiation
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procedures with police and fire units as follows:
Council Meeting Minutes -9- July 25, 1977
1. Confirmed that the city manager is the individual with overall
staff responsibility for labor negotiations;
2. Designated Mayor Law as city council liaison with city staff on
these negotiation matters;
3. Approved-the employment of Cy Smythe to perform labor negotiation
services.
All ayes - Carried.
18. Ad 1 ourciment
Motion by Anderson, seconded by Jacobsen that the meeting adjourn.
A11 ayes - Carried. Time: 10:45 p.m.
Date Approved: August 8. 1.977
Thomas J. Mo n City Clerk
~Lo~en L. Law - 11~a~'o
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Wayne S. Burggraaff ty Man r
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