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05-24-19651 . CITY OF RICHRIHLD Regular~Meeting Ma.y 24, 1965 The council of the City of Richfield met in regular session, Monday, May 24, 1965, in the council chambers of the City Haii, 6700 Portland~Ave., at 7:04 P.M. The meeting was called to order by Mayor. Olson. Present: Anderson, Jacobsen, Luettinger, Randall and.0lson. Absents None. Father George J. Kovalik, St. Peters Catholic Church, gave the invocation. 1. Minutes Motion by Jacobsen, seconded by Luettinger, that minui:'s of the regular 1 meeting of May 10, 1965 be approved corrected as follows: Page 4--correct spelling of "Bridgeman" Page 11= Dr. Gier" should be Dr. Giere of N,W~ College. Item 30 Traffic signal is to be moved to L ny dale and Lake Shore Drive. Ali ayes -carried. 2. Reports Motion by Anderson, seconded by Jacobsen, that the following reports be accepted and filed: Liquor Store -Jan. -Feb. 1965 C-757$ . C-7579 All ayes - carried. 3.- Biii No. 1965-5 (Zoning Ord. Amdmt~. - Densitq) Bill No. 1965-5 entitled: fOAN AMENDMENT TO ORDINANCE N0. 2.03 OF THE 1 CITii OF RICHFIELD ENTITLED •AN ORDINANCE POR THB PURPOSE OP PROMOTING HBAL1gI, SAFETY, f}RDER, CONVENIENCB, PROSPERITY AND GENERAL WELFARE, BY REGULATING THE USE OP LAND, TH8 LOCATION AND USE OF BUILDINGS, THE ARRANGEN~NT OF BUILD- TNGS ON LOTS, AND THE DEt~T5IZY OF POPULATION IN THE VILLAGE OP RICI~IELD, HENNEPIN COUNTY, MINNESOTA', AS PASSED THB 25ZH DAY OF OCTOBER, 1954, AS -2- May 24, 1965 SUBSEQUENTLY AMENDED" was read by the city attorney, the same being on file in the office of the citq clerk. C-7562 Motion by Randall, seconded by Jacobsen, that this constitute the second reading of Biil No. 1965-5; that it be adopted by the council; that it be spread in the ordinance book;~~ that it be published in the official news- paper and that it b~e made a part of these minutes;: Poll of votes: Ayes -Anderson, Jacobsen, Luettinger, Randall and Olson. Nays - none. Absent - none. Carried. 4. Bill No. 1965-6 (Amendment to "Set-ups Bill No. 1965-6 entitled: "AN ORDINANCB AMENDING PARAGRAPH 11, SECTION 1.11 OF THAT CERTAIN ORDINANCE NO. 3e38 OP THE CITY OF RICHFIELD ENTITLED 'AN ORDINANCE RELATII~ TO SALB OP SET-UPS POR CONSUMPTION OF LIQUOR ON PREMI5B5• PASSED THE 28TH DAX OP DECEMBER 1964"' was read by the city attorney, the same being on file in the office of the city clerk. C-7580 _ _ Motion by Luettinger, sea~onded by Jacobsen, that this constitute the first reading of Biii No. 1965-6 and that it be published in the official newspaper as required by the charter. Poll of votes: Ayes -Anderson, Jacobsen, Euettinger, Randall and Olson. Nays - none. Absent - none. 5. Set Date of Hearing - 6520 Lyndale Ave. S. Motion by Anderson, seconded by Jacobsen, that the council authorize the clerk to advertise a hearing on the application of Kenneth Brown, 820 W. 65th St., for a special use permit at 6520 Lyndale Ave. S.; hearing to be June 14, 1965. All ayes - carried. 6. Outdoor Advertising Sign Manny Hamburger, 1801 Upton Ave. N., appeared. Motion by Randall, seconded by Jacobsen, that the council approve the -3- May 24, 1965 application of Fluorescent Rotating Signs for an advertising sign at 6529 Nicollet Ave. All, ayes - carried. 7. Outdoor Advertising Sign Dick Dahlen appeared as applicant. The use of red and green colors was discussed. Motion by Olson, seconded by Jacobsen, that the council approve the ap- plication of Illuminated Signs for a sign at 2401 W. 66th St., subject to colors other than red and green, height to bottom of sign not to exceed 8 ft. and top at 15 ft.; use of signs restricted to on-site businesses. Poll of votes: Ayes -Anderson, Jacobsen, Randall and Olson. Nays - Luettinger. Absent - none, Carried. 8. Hearing Apartment Use Permit - 6511-13 21st Ave. Mayor Olson called for the hearing on the application of Clyde Melton, 6501 18th Ave. S., for an apartment use permit at 6511-13 21st Ave. S., which hearing had been deferred from the meeting of May 10th, Clyde Melton, applicant, appeared. No one appeared in opposition. The report from the Planning Commission was discussed as well as inadequate parking space. Motion by Olson' seconded by Jacobsen, that the hearing be closed. Ali ayes - carried. Motion by Randall, seconded by Jacobsen, that the matter be referred to the Planning Commission in the routine manner, and that a petition in Favor be obtained by the applicant, Poll of votes: Ayes -Anderson, Jacobsen, Randall and Olson. Nays - LuettingerA Absent m none, Carried. 9. Hearing - City Project No. 526 (Concrete Surfacing) It being 7;15 P.M. Mayor Olson called for the hearing on City Project No. -4- Ma.y 24, 1965 526 and read the notice of hearing. Leo Jo11y, city engineer, presented the proposal of concrete surfacing, curb and gutter and appurtenances thereto of 65th St. from Nicollet to Rae Drive; Graham Ave. from 65th St. to 66th St. ;•. Rae Drive from 65th to 66th St. No one appeared in opposition. It was explained that six lights of 10,000 lumen C.I. ~'jercury Vapor Lamps are to be installed by Northern States Power Co. Motion by Jacobsen, seconded by Luettinger, that the hearing be closed. 111 ayes - carried. Motion by Jacobsen, seconded by Randaii, 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. 3426 RBSOLUTION ORDERII~ IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR CITY PROJBCT N0. 526, CONCRBTB SURFACING, CONCRBTB CURB AND GUTTER AND APP[Ti'ENANCBS THE4tBT0. 65th St., Nicoilet Ave. to Rae Drive; Graham Ave. , 65th to 66th St.; Rae Drive, 65th 5t. to 66th St. Poll of votes: Ayes -Anderson, Jacobsen, Luettinger, Randall and Olson. Nays - none. Absent. Carried, This resolution appears: as resolution #3426 in resolution book #22. 10. Heari - City Project No. 531 (Storm Sewer) Yt being 7:15 PAM. Mayor Olson called for the hearing on City Project No, 531 and read the notice of hearing. Bernie Middiestead appeared representing Orr, Schelen, Mayeron and Associates. The following persons appeared in favor of the storm sewer: Ray Howe, ?220 18th Ave. S. Ronald Cook, 7224 18th Ave. 5. Charles Wallick, 7214 18th Ave. S. -s- May 24, 1965 No one appeared in opposition. Motion by Randall, seconded by Jacobsen, that the hearing be closed. Ali ayes - carried. Motion by Anderson, seconded by Randall, 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. 3427 RBSOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR CITY PROJBCT N0. 531. Storm Sewer Construction on 18th Ave. from 73rd St. to 72~ St. Foil of votes°: Ayes - Anderson, Jacobsen, Luettinger, Randall and Olson. Nays - none. Absent - none. Carried.;--This resolution appears as resolution No. 3427 in resolution book X122. 11. Hearing - Storm Sewer Construction -City Proj. No. 533 7t being 7:15 P.M. Mayor Olson called for the hearing on City Project No. 533 and read the notice of hearing. Dick Wills, 7345 Clinton, raised question of blacktop and was in favor. Mrs. Nybeck, 7309 Clinton Ave., appeared. Vernon Braun, 420 8. 73rd St., objected because of lack of knowledge. R. Lundquist, ?321 Sth Ave,, asked questions. Mrs. Swanson, 7316 5th Ave,, appearedo Norman Paulson, 7336 5th Ave., appeared. Motion by Anderson, seconded by Jacobsen, that the hearing be closed. All ayes - carried. Motion by Anderson, seconded by Randall, th at the following resolution be adopted; that it be spread in the resolution book and that it be made a part of these minutes~s RESOLUTION N0. 3428 RESOLUTION ORDERII~ IMPROVEMENT ANA PREPAt~ATION OF PLANS AND SP~3CIFICATIONS FOR CITY PROJECT NO. 533. STORM SEWER CONSTRUCTION IN ALLEY BETWEEN CLINTON'A VE. AND 4TH AVE. FROM 73RD S T. TO 74TH 5T, -6- May 24, 1965 Poll of votes: Ayes -Anderson, Jacobsen, Luettinger, Randall and Olson. Nays - none. Absent - none. Carried. This resolution appears as resolu- tion #3428 in resolution book #22. 12. Hearing - Storm Sewer Construction -City Project No. 534 It being 7s].5 P.M. Mayor Olson called for the hearing on City Project No. 534 and read the notice of hearing. Vivian Mann,. 6340 Humboldt Ave. S., appeared in favor since she had received damage from previous water run-off. G. N. Quick, 6324 Humboldt Ave., objected if the assessment goes to $200.00. ~ w Clint Olson, 6332 Humboldt Ave., did not think this would solve the drainage problem of drain toward houses. He was told told this was a private property problem. Motion by Anderson, seconded by Luettinger, that the hearing be closed. All ayes - carried. Motion by Luettinger, seconded by Jacobsen, that the following resosu- tion be adopted; that it be spread in the resolution book and that it be made a part of these minutes: RESOLUTION N0. 3429 RBSOLUTION ORDERINu IMPROVEMENT AND PREPARATION OF PLANS AND SPIiCIFICATIONS FOR CITY PROJECT N0. 534. STORM SEWER CONSTRUCTION IN• AILEY BEZWEEN HUMSOLDT AVE. AND IRVING AVE. FROM 63RD ST. TO 64TH ST. Po11 of votes: Ayes - Anderson, Jacobsen, Luettinger, Randall and Olson. Nays - none. Absent - none. Carried. This resolution appears as resolu- tion #3429 in resolution book #22. 13. Hearing -City Pro,~ect No. 536 (Ornamental St. Lighting) ht being 7:15 P.M. Mayor Olson called for the hearing on City Project No, 536 and read the notice of hearing. -?- May 24, 1965 Mr. Setzier and Mr. Weishons appeared representing Northern States Power Co. Steve Meyer, ?332 Lyndale Ave. 5., requested lighting to begin at 74~ St. or two lights removed from the proposal. Mr. ~elshons stated that a light would throw illumination for appro~c- imateiy 100 ft. R. C. Reddick, ?421 Lyndale Ave., represented the businessmen's commit- tee in this area and presented a petition favoring the lighting. He also stated that as owner of Red Top Trailer Court, he was in favor. C-7581 Clyde Me icon appeared in favor. Motion by Lue ttinger, seconded by Jacobsen, that the hearing be closed. All ayes - carried. W. M. Thoros, 75th & Lyndale, objected to cutting down the lighting area. Mr. Wolfenson, owner of the apartments at ?500 block on Lyndale Ave., asked for the lights to begin at the 60 ft. width, Motion by Luettinger, seconded by Jacobsen, that the following resolu- tion be adopteds eliminating first two lights Cintersection lights) at 74th S t. and leaving the present lights in at this point, th~.t it be spread in the resolution book and that it be made a part of these minutest RESOLUTION N0. 3430 RESOLUTION ORDERING IMPR0~IEMENI' AND PREP/~.RATION OF FLANS AND SPECIFICATIONS FOR CITX PROJECT N0. 536, Ornamental Street LigYiting and Appurtenances thereto on Lyndale Ave. from ?7'~ 5t. to 74th St. Poll of votes;: Ayes -Anderson, Jacobsen, Lue ttinger, Randall-and Olson. Nays .. none. Absent - none, Carried. This resolution appears as resolution #3430 in resolution book #22., The council recessed for five minutes and then reconvened with all members present. -8- May 24, 1965 14. Commercial Building Permit - 6601 Lakeshore Drive Mr. Bruns represented Sunray DX Oil Co. asappiicant. Mr. Gallagher was also present. They explained that the station will be under company operation and that they prohibit trailer rental or sales; their operation will close at 10:00 or 11:00 PAM. at the latest; no objection to concrete surf acing; no display outside of the building; 4 ft. high trash enclosure; a1T steel and porcelain enamel exterior on bui-iding. Motion by Anderson, seconded by Jacobsen, that the council grant the building permit and ten tative approval to the off -street parking layout at 6601 Lakeshore Drives for Sunray DX Oii Co., Box 60, Water]:oo, Ia., to con- struct a gasoline service station. The parking area is to be of concrete surfaacing except for the south area lying east of the westerly line of the building. This latter area to be biacktopped. C-7582 Poll of votes;: Ayes -,Anderson, Jacobsen, Luettinger, and Randall. Nays - Olson. Absent - none. Carried. i5. Commercial Building Permit - 801 H. 66th St. Dan Rognrud represented the applicant, explaining that the present buildings are to be removed, with block construction for new building and biacktopped parking area. Roy Wickstrom also appeared. Motion by Jacobsen, seconded by Anderson, that the council grant the building permit to Cedar Properties, Inc,, 624 W. 66th St., to construct a five store shopping center at 801 B. 66th St,, removing all present struc- tares; brick on three sides of the proposed building and stone and glass on the front; a fence on the east line of adjacent lot to the south. Ali ayes - carried. C-7583 16. Reconsideration of City Prod. No. 525D (f0L°" Alley--LYndaie & 63rd) Burton Theim, attorney, represented Robert Hinman in favor of the alley grading. -9- May 24 ~ 1965 Robert Gerde appeared in favor and requested a hearing. Ray Pius, attorney, represented Mr. & Mrs. Hanson in opposition. Mr. and Mrs. Hanson also appeared. A discussion was held, The city attorney suggested a waiver be ob- tamed from owners of Lots 7, 1, 2, 3, 4 in the block if the city is to maintain the alley. Burt Thiem was willing to give waiver; R. Gerde was willing also and asked for assurance of continued use. Vacating the alley would benefit Lot 5. Motion by Anderson, that~a<~hearing date be set to vacate the east- west alley, improve the north-south alley and city maintain the alley. Motion lost for the want of a second, Motion by Randall, seconded by Jacobsen, that the city would need waiver of claim for damages for lack of access and petition from L.ot 5 and Parcel 160, asking for vacating alley. Motion withdrawn. Motion by Olson, seconded by Jacobsen, that the council set date of hearing on City Project No. 525D after petition is received stating owners will give waiver for damages, and asking for hearing to vacate east-west alley, Ail ayes -carried. iZ. Radio Installation in New City Hall (Bids) Motion by Anderson, seconded by Randall, that the council reject all bids on radio ins tailation CMarch 160 1965) and that the clerk be authorized to advertise for new bids on clarified specifications on June 10, 1965, Ali ayes - carried. 18. Board of Review - 1965 Motion by Jacobsen, seconded by Anderson, that the council approve the -date set for Board of Review - July 14, 1965 - and the tune set as ?:00 P.M. All ayes - carried. -10- May 24, 1965 19. Authorize Execution of Contract - New Subdivision Motion by Anderson, seconded by Jacobsen, that the following resolu- tion be adopted; that it be spread in the resolution book and that it be made apart of these minutes:. RESOLUTION N0. 3431 RESOLUTION AUTHORIZING BXBCUTION OF CONTRACT AN'D APPROVING BOND FOR DBVELOPMENT OP THE FAST 1/2 OP LOTS 2 THROUGH 8, BLOCK 2, SUNSET TBRRACB ADDITION, CITY PTAT #170, CONTRACT' #93? C-7584 Poll of votes: Ayes -Anderson, Jacobsen, Luettinger, Randall and Olson. Nays - none, Absent - none. Carried. This resolution appears as resolu- tion #3431 in resolution book #22. 20. Off-Street Parking Contract - 7608 thru 7644 Pleasant 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 NO. 3432 RESOLUTION APPROVING LAYOUT AND OONTRACT FOR OFP-STRBBT PARKING I'N ACCORDAI~E -WITH APPLICATION N0. 64-27, CONTRACT NO. 938 7608 thru 7b44 Pleasant Ave. C-7585 Poll of votes: Ayes - Anderson, Jacolsen, Luettinger, Randall and O~san. Nays - none. Absent -none. Carried. This resolution appears as resolu- tion #3432 in resolution book #22. 21. Authorize Request for Federal Financial Assistance Motion by Jacobsen, seconded by Olson, 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 NO, 3433 RESOLUTION AUTHORIZING CITY DIRBCTOR OP PUBLIC WORKS TO MAKE APPLICATION ON BEHALF OP THE CITY OF RICHFIELD FOR CBRTAIN FEDERAL FINANCIAL ASSISTANCE -11- May 24, 1965 Po11 of votes: Ayes - Anderson, Jacobsen, Luettinger, Randall and Olson. Nays - none. Absent - none. Carried. This resolution appears as resolu- Lion #3433 in resolution book #22. 22. Providing Issuance & Sale of Improveme nt Bonds of 1965 Motion by Jacobsen, seconded by Anderson, th at the following resolution be adopted; that it be spread in the resolution book and that it be made a part of these minutes;: RBSOLUTION NO. 3434 RBSOLUTION PROM DING FOR ISSUANCB ANA SALE OF $2,000,000 IMPROVEMENT-BONDS OF 1965 Poll: of votes: Ayes -Anderson, Jacobsen, Luettinger, Randall and Olson. Nays - none. Absent - none. Carried. This resolution appears as resolu- ` tion #3434 in resolution book #22. 23. Relating to Traffic Control Motion by Luettinger, seconded by Randall, that the proposed resolu- tion on "Two Hour Parking" signs on both sides of Lyndale Ave. from 62nd ~ 67th St, and on both sides of 66th St. from Harriet Ave. to Lyndale Ave. be amended to include the 6300 block on Lyndale Ave. and the time to be ZA.M. to 6 A.M. Po11 of votes: Ayes -Anderson, Jacobsen, LuetLinger, Randall.: Nays •• . Olson, Absent -. nbtle~ Carried. Motion by Luettinger, seconded by Randall, that the following amended resolution be adopted; that it be spread in the resolution book a.nd that it be made a part of these minutes: RBSOLUTION NO. 3435 R13SOLUTION RELATING 1® TRAFFIC CONTROL. SIGNS "Two Hour Parking 8:00 A,M. to 6:00 P,M. Bxcept Sundays and Holidays" on Both 53des of Lyndale Ave. from 62nd St. to 67th St. and Both Sides of 66th St. from Harriet Ave, to Lyndale Ave. & "No Parking 2:00 A,M. to 6:00 A,M.°' on both sides of Lyndale Ave. from 63rd St. to 64th St. Adjacent to Apartment Bidgs. Only -12- May 24, 1965 Poll of votes: Ayes -Anderson, Jacobsen, Luettinger, ~~aiidaLl. "' `' Nays - O~:sor~. Absent - none, Carried. This resolution appears as resolu- tion #3435 in resolution book #22. 24. Request for "Stop" Signs - 21st Ave. & 64th S t. Motion by Randall, seconded by Luettinger, that the council deny the request of the petitioners for "stop" signs at 21st Ave. and 64th St. in accordance with the report from the police department dated May 20 , 1965, and that the administration be instructed to send the form letter to petitioners informing them of this action, C-7586 Poll of votes: Ayes: Jacobsen, Luettinger and Randall. Nays - Anderson and Olson. Absent - none, Carded. . Motion by Anderson, seconded by Luettinger, that signs "Children Playing" be installed at this intersection. , Poll of votest Ayes -Anderson, Jacobsen, Luettinger and Olson. Nays - Randall. Absent - none. Carried. 25. Sunday Closing Law A discussion was held on component parts of the present Sunday Closing Law. The manager presented a report by the attorney and the police department indicating that there were serious problems as to interpretation of the statu to and indicating that the enforcement of the statute throughout the city would necessitate putting on additional police. officers. This would result in a very substantial, unbudgeted expense,. The problems of interpretation and en- forcement were discussed by the council. On inquiry, the attorney reported that the Richfield Sunday Closing Ordinance law-suit would be argued before the Minnesota Supreme Court in the-fail or winter of 1965. He also reported that the validity of the state statute was being challenged on appeal to the -13- Maq 24, 1965 Minnesota Supreme Court, but did not know when this matter would be argued. The council indicated that minimum enforcement of the ordinance should, perhaps, be deferred until Supreme Court decisions were rendered, but no formal action on the matter was taken. No special law enforcement program was authorized. 26. Estimates Motion by Jacobsen, seconded by Anderson, that the following estimate be allowed: Stemmer Electric Co., City Proj. No, 517, Contract No. 893, Biec- trical Work - Lyndale Ave, Liquor Store, Bstim~te #2, 80.1° complete. $4, 703.00 All ayes - carried. Motion by Anderson, seconded by Jacobsen, that the following estimate be allowed: Richf ieid Nursery, City Proj. No. 518B, Contract No.. 884 (Z3rees in Parks) Estimate #2 and final - 100% complete. $ 759,00 All ayes - carried. Motion by Luettinger, seconded by Anderson, that the following estimate be allowed; Hovde Plumbing ~ Heating, Tnc., City Proj. No. 517, Contract No. 892, Mechanical Work - Tyndale Ave, Liquor Store, Estimate #3, 82% complete. $7,356.99 All ayes - carried. 27. Licenses - Fee Waived Motion by Anderson, seconded by Jacobsen, that the following licenses be granted and that the fees be waived: Opportunity Workshop Catering Food Vehicle T?a.st Richf ieid Nat1 Little League Food, Soft Drink Ali ayes - carried. -14•-. ' May 24, 1965 28. Licenses - Re lar 1 Motion bq Randall, seconded by Luettinger, that the following licenses be granted: New Sign Crs.fters, 834 40th Ave. N.B. Renew. Frank*s Plumbing Co., 125 W. 98th St. Renew. Funtyme Canine Grooming Salon, 6617 Graham Ave. Airport Pet Hospital, 6301 Cedar Ave. New JesRey Inc., 7533 Tyndale Ave. S. " Big Chief Drive-In, 616 B. 7$th St. (Was Blue Star) "" Frank Kauser, ?520 2nd Ave. S. "' Leonard J. King, 8232 5. 16th Ave. " Clifford Peterson, 9200 Oakland Ave. " Stephen Shaughnessy, 8212 3rd Ave. S. Ali ayes -carried.. 29. Claims & Payroll Electrical Plumbing Dog Rennes Dog Kennel Cigarette Food, Soft Drink,. Cig. Taxicab Driver Taxicab Driver Taxicab Driver Taxicab Driver Motion by Anderson, seconded by Jacobsen, that the following claims and payroll be allowed: 1 RICHFIELD BANK & TRUST CO. General Acct. Cks.. X2838/2949 $118,656.50 Payroll Acct. Cks. A~5151/5349 46,509.14 Aii ayes - carried. 30. Various Sub3ect~ Mr. Stanley Anderson, 6401 Portland Ave., appeared in regard to letters from the city on keeping his property sightly. No action was taken inasmuch as this matter was not on the agenda. The question of the firm of Dependable Construction Co. using Xerxes .Ave. and 75th St. as a route for their gravel trucks was discussed and a study of the situation was requested. 31. Ad3ournment 1 Motion by Olson, seconded by Jacobsen, that the meeting be ad3ourned. Poll of votes: Ayes - Anderson, Jacobsen, Luettin~er and Olson. Nays - Randall. Absent - none.. Carried. ~% _ ~ V ~ ~~ APPR ED: June l4. 1965 dw. J. Moline Clerk-Treas. W . .Mayor ~~ Manager