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07-12-1965CITY OF RICHFIELD Regular Meeting July 12, 1965 The council of tine City of Richf ieid met in regular session, Monday, July ]2, 1965, in the council chambers of the City Hall, 6700 Portland Ave., at 7:00 P.M. The meeting was called to order by Mayor Olson. Present: Anderson, Jacobsen, Luettinger, Randall and Olson. Absent: None. Councilman Jacobsen gave the invocation. 1. Minute Motion by Jacobsen, seconded bq Luettinger, that minutes of the special ' meeting of June 23, 1965 be approved and that the minutes of the regular meet- ing of June 28, 1965 be approved, corrected as foliowss Pg. 2 - Item ~:~ -.:was to have no flashing white lights amend a time clock".... Ail ayes -carried. 2. Reports Motion by Anderson, seconded by Jacobsen, that the following reports be accepted and filed« Liquor Store Report, May 1965 C-7620 Inspection Report, June 1965 - C.-7621 Public Health Nursing Service Report, June, 1965 C-7622 Sub. Henn. Co. Relief Report, June 19155 C-7623 ~~_ ~' ~- All ayes - carried. 3. ,Bill No. 1965-7 (Amdmt. Ord. 3.271 (signs Bill No. 1965-7 entitled: "AN ORDINANCE AMENDING THAT CERTAIN t~tDINANCE N0. 3.271 OF THE CITY OF RICHFIELD BNTITLZD 'AN OR'DINANCB TO REGULk~TE THE DESIGN, CONSTRUCTION, INSTALLATION AND MAINTENANCE OF SIGNS AND BILLBOARDS; PROVIDING FOR THB ADMINISTRATION AND ENFORCBMEN'T THEREOF, AND PROVIDING PBN- ALTIBS FOR THB VIOLATION THEREOF" PASSED THE 28TH DAY OF JULY, 1952, AS SUB- 1 -2 - July 12, 1965 SEQUBNTLY AMENDED" was read by the city attorney, the same being on file in the office of the city clerk. C-?624 No part of a sign, which would include any figures or characters, should be above the height indicated. not an integral Councilman Luettinger objected to the screening being ~ part of the sign. No one in the audience made comments. Motion by Anderson, seconded by Jacobsen, that.. this constitute the first 1 reading of Bill No. 1965 -7. Poll of votes:: Ayes -Anderson, Jacobsen, Randall. and Olson. Nays - Luettinger. Absent - none. Carried. 4, Bili No. 1965-8 CAmdmt. to Ord, No. 6.03 - Motor Bikes, etch Bill No. 1965-8 entit led: " AN ORDINANCE RELATING TO MOTOR VEHICLES, IN- GLUDIN~ MOTOR CYCLBS AND MOZ~DRBICYCLBS; REGULATING THE. RENTING, LBA$ING OR PUR- NISHING OF MOZ~t BICYCLES POR PAY OR HIRE; LIMITING THE USE AND OPERATION OP MOTOR BICYCLESf AND PROVIDING PENALTIES FOR VIOLATIONS°} was read by the citq attorney, the same being on file in the office of the city clerk. C-7625 A discussion was held, the attorney ruling that prohibiting rental of motor 1 bicycles would be against state law, The sale of bikes was to be included in this ordinance and the fee set at $50,00. It was agreed that since greater polic- ing was required with rentals, the fee should be higher than the. proposed $25.00. Safety belt requirement was discussed; passing on the shoulder will be illegal; illegality of driving on park property to be included; statute on mufflers to be operator's included; extra person riding in seat to be illegal;_ a special provi- Sion should be made on the bikes for extra passenger, The above mentioned provisions are to be covered in a redraft of the pro- posed ordinance by the city attorney for consideration at the August 2nd meeting. -3- July 12, 1965 5. Set Date of Hearing -Special Use Permit - 6344 Penn Ave. Motion by Anderson, seconded by Jacobsen, that the council authorize the clerk to advertise a hearing on the application of Robert Sather, 611? Ashcroft Ave. et ai, for a special use permit at 6344 Penn Ave.; hearing to be August 9, 1965. All ayes -carried. 6. Outdoor Adv. Sign (Deferred) 2901 W. 66th St. Ronald Krank, architect, appeared. The attorney explained the violation caused by the connection at the bottom of the sign which in effect has tendency to obstruct view. The architect explained that 100 watt bulbs would be used to give a lantern effect. No residents appeared. Motion by Jacobsen, seconded by Anderson, that the council grant the permit to Lentz Sign Co., 133 " E. 26th St., for an advertising sign at 2901 W. 66th St. with the foilowi,ng stipulations: No connected base at bottom of sign; no light- ing to the east; 100 watt lamps and time clock to turn off at 11:00 P.M. Poll of votes: Ayes -Anderson, Jacobsen, Luettinger, Randall and Olson. Nays - none. Absent - none. Carried. Motion by Olson, seconded by Luettinger, that the council establish a poli- cy on lighting that all details are to be obtained on sign applications at time of application. Ali ayes - carried. 7. Request for Extension on Use of Temporary Bidgs. Father Bender appeared for St. Richards Church, requesting the permit ex- tension. A discussion was held on the projected use of the quonset buildings. St. Richard •s Church will remove the quonset buildings when it is feasible, and if that time does not come before five years, they will request another extension. Motion by Olson, seconded by Luettinger, that the council approve the ex- tension of permit to use the temporary buildings atSt. Richard's Church for another five years. All ayes - carried. -4- July ~2, 1965 Motion by Olson, seconded by Luettinger, that the administration furnish Father Bender, upon request, information as to ownership. of 75th St. from Penn Ave, to Sheridan Ave. Ali ayes -carried. C-7626 8. Hearing -Adjustment & Appeals - 6444 17th Ave. It being 7:L3 P.M. Mayor Olson called .for the heari~ on the application of Donald Bo Michels, 6444 17th Ave., for a zoning_ variation at 6444 17th Ave. and read the notice of hearing. Donald Michels, applicant, appeared. No one appeared in opposition. . Motion by Luettinger, seconded by Jacobsen, that the hearing be closed. Ali ayes - carried. Motion by Luettinger, seconded by Olson, that the council grant the zoning variation to Dona id B, Michels, 6444 17th Ave., to construct a second accessory building (garage 20• x 26•) in violation of Ord. X2.03. All ayes - carried. C-7627 9. Hearing -Adjustment & Appeals - 7725 Morgan Ave. it being 7:15 P.M. Mayor Olson called fox the hearing on the application of Lindahi Oldsmobile Co., 1900 W. ?8th St., for a zoning variation and read the notice of hearing. Mr.. McCarthy appeared as applicant. No persons appeared iri opposition. The effect of the proposal on surrounding properties was discussed. Motion bq Luettinger, seconded by Jacobsen, that the hearing be closed. Ali ayes - carried. Motion by Luettinger; seconded by Randaii, that the council approve the zoning variation of Lindahl Oldsmobile Co., 1900 W, ?8th St., to construct a 100' x 125• commercial building to be used for auto body repair, parking and storage with a 33,92 f t. frontage set back instead of 40 ft. as requested by Ord. #2.03, subject to no objection from the carpet companq to the north= if they have an objection, this matter will be reconsidered. All ayes - carried. C-7628 -5- July 12, 1966 10. Rehearing - B'torm fewer -City Pro3ect No. 533 It being 7:15 P~, M. Mayor Olson called. for .the rehearing on storm sewer construction, City Pr~3ect No. 533 and read the notice of hearing. Harry Mayeron, df~~ie~r'gohelen, Mayeron & Associates, appeared for ex- planation. Assessing the alley stub district separately from the total area was discussed. The city attorney stated that this was possib le. Donald Fashant, 7341 5th Ave., appeared with questions. Kenneth Bohnen, 7313 4th Ave., stated he had alley graded to alleviate storm drainag~.e Mrs. Donald Pashant asked who bears amount in excess. of 3.55y per sq. f t. V. E. Lofstrom, Jr., 7325 5th Ave., questioned feasibility. Mrs, Ngbeck, 7309 Clinton Ave., appeared in interest. Mr. Wachter, 7313 Clinton Ave., appeared in favor, s tatiiag that his base- went has been flooded during his two years of ownership. Mr. Omlie, 7238 Clinton Ave., was opposed. George Kennedy, 7301 Clinton Ave., was in favor. Florence Gardner, 7317 5th Ave., was opposed. Gordon Couiilar, 7235 4th Ave., was opposed. ' Mr. Mayeron explained that the oversizing was the cause of the full dis- tract assessment. Mrs. Robert Lundquist, 7321 5th Ave., was opposed. Mr. Broton, 7337 Clinton Ave., appeared in favor. B. Erickson, 7235 Clinton Ave., asked for additional costs of storm sewer to 5th Ave. Mrs. Lofstrom, 7325 5th Ave., appeared. A show of hands, pro and con, was asked for--a preponderance was opposed. -6- July 12, 1965 Motion by Anderson, seconded by Jacobsen, that the hearing be closed. All apes -carried. Motion by Olson. that the council deny the storm sewer project. Motion lost for the want of a second. One-third of this total, or estimated $2500, is the cost of the stub in the a iley. Motion by Anderson, seconded by Jacobsen, that the fc3tlotring resolution be adopted; that it be spread in the resolution book and that it be made a part of these minutest RESOLUTION NO. ---- RESOLUTION ORDERING IMPROVHMffi~T AND PRBPAR'ATION OF PLANS AND SPECIFICATIONS FOR STC?RM SE91tBR CQ~NSTRtiCTION IN ALLEY BBIWEEN CLINZON AVE. AND.4ZH AVE. FROM 73rd ST. TO 74TH ST., CITY PROJECT NO. 533 Poll of votes: Ayes - Anderson, Jacobsen, Randal i. Nays - Luettinger and Olson. Absent - none.. Motion lost for lack of 4/5 majority vote. The council recessed for five minutes, and then recomrened with all memb era present. 11. Hearing -Storm Sewer Construction - City Pro j. No. 529 It beir~ 7:15 P.M~ Mayor Olson called for the hearing on Citq Project No. 329 {storm sewer, 65th St. from Penn Ave. to Queen Ave.) and read the notice of hearing. Harry Mayeron explained.the proposal. Mayor Olson read correspondence from the engineer consultants stating the Sheridan Pond area must have some outf low. The us e of state-aid money was discussed. Mr, Arnold, 6345 Uptan Ave., stated he felt this was a council problem inasmuch as they have piped more water into this area in later years. Bob Baldus, 6401 Vincent Ave., appeared with quest~.ons and favored state aid. Mr. Praus, 6408 Vincent Ave., appeared with questions. ~~, ~. -8- July 12, 1965 RESOLUTION N0. 3456 RESOLUTION ORDERING PLANS AND SPBCIFICATIONS FOR SZORM SEWER ON 65 ~i ST. FROM QUEEN AVE. TO THt~tiiAS AVE. Poii of votes: Ayes - Jacobsen, Luettinger, Randall and Olson, Nays - Anderson. Absent - none. Carried, This resolution appears as resolution No. 3456 in resolution book #22. 12. Commercial Bidg. Permit - 7x32 Penn Ave. Ronald Krank represented Minneapolis Jewish Cemetery, applicants. Motion by Jacobsen, seconded by Randall, that the council grant the buiid- ing permit to Minne apolis Jewish Cemetery, 2332 Humt~ idt Ave., to construct a cemetery prayer chapel on existing foundation, subject to the weeds being cut and provision for 13 parking spaces. All ayes - carr led. C-7629 13. Report on Improvement of Lake Dr. Schwartz and Mr. Merlin Berg presented a report on the feasibility of stabilizing the levels of Wood, Richfield ahd Legion Lakes in the city of Richf field Motion by Anderson, seconded by Jacobsen, that the council accept the report of Merlin Berg and that it be 'ordered filed, Ail ayes - carried. C-7630 14. Request to Purchase City-Owned Property_ R. C. Reddick, 7421 Lyndale Ave,, appeared, Further park plans were discussed. Motion by Randall, seconded by Jacobsen, that a ten year lease be nego- tiated by the administration and presented to the council for approval. All apps - carried. 15. Traffic Control Signs 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 a part of these minutes -9- July 12, 1965 RBSOLUTION N0. 3449 ABSOLUTION ABLATING TO TRAFFIC CONTROL SIGNS "No Parking" Hoth Sides of 68th St. from Cedar Ave. to T.H.#36 Poii of votes Ayes - Anderson, Jacobsen, Luettinger, Randall and Olson. Nays - none. Absent - none. Carried. This resolution appears as resolution #3449 in resolution book #22. 16. Off-Street Parking Contract - 6601 Lakeshore Drive 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:: RB~LUTION N0. 3450 ABSOLUTION APP~VING IAYOUT AN9 CONTRACT FOR OFF-STI~BBT PARKING IN ACCORDANCB,WII~I APPLICATION~~NO. 85-10, CONTRACT 939. .8601 Lakeshore Drive C-7631 Foil of votes: Ayes - Anderson, Jacobsen, Luettinger, Randall and Olson. Nays - none. Absent - none. Carried.. This resolution appears as resolution #3450 in resolution book #22. 17. Agreement with Hennepin County on Hwy. 82 Motion by Jacobsen, seconded by Anderson, that consideration of~ agree- ment with Hennepin County regarding Highway 62 from 4th Ave, to 17th Ave. be deferred untiY August 2nd inasmuch as no word has been heard from Minneapolis regarding it. Pail of votes: Ayes -Anderson, Jacobsen, Luettinger, Olson. Nays - Randall. Absent ~ none.. Carried. 18• Lease for Ice Vending Machine a ~~ Motion by Anderson, seconded by Luettinger, that the council agrees not to authorize a lease on ice vending machines for the liquor stores. Ali ayes - carried. -,,Om July 12, 1965 1~. Calling Hearing on Pro posed Sup plemental Assmta, City Proj. #441 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 a part of these minutest RESOLUTION NO, 3451 RESOLUTION CALLING HEARING ON PROFOSED SUPPLEMENTAL A55ESSM8NT F~ WATER MAIN CONSTR~TION; CITY PROJ.~ NO. 441 Poll of votes: Ayes -Anderson, Jacobsen, Luetti~er, Randalr and Olson. Nays - none. Absent a none. Carried. This resolution appears: as resolution #345r in resolution book #22. 20`_ Calling Hearing o~ Pro osed Suppiemeirtal Assmt.,_ City Proj. #465 ... ~ .. Motion bq Randall, 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 minutest RESOLUTION N~. 3452 r RESOLUTION CALLING HB~YRING ON AUGUST 9, 1965, ON PRO- POSED SUPPLBMEAITAL ASSESSMENT Ft~ WATER MAIN CONSTRUC- TION, CITY PROD, N0. 465 Poll of votes: Ayes. o Anderson, Jacobsen, Luettinger, Randall and Olson. Nays - none, Absent - none. Carried, This resolution appears as resolution #3452 in resolution book #22. 21„ Calling Hearing on Proposed Supplemental Assmt.,..Pro #308 Motion by Anderson, seconded by Jacobsen, that ,the following resolution be adopted; that it be spread in the resolution book anti that it be made a part of these minutes: .~ RESOLUTION N0,_3453 RBSOLUTION CALLING HEARING ON AUGUST 9, 1965, ON PROPOSED SUPPLEMENTAL ASSESSMENT POR SANITARY SEATER L4~TBRAL CON- STRUCTION, .V&~;~`~' N0, 308 ~~ -il- July l2, 1965 Po1T of votes: Ayes - Anderson, Jacobsen, Luettinger, Randall and Olson. Nays - none. Absent - none. Carried. This resolution appears as resolution #3453 in resolution book #22. 22'. Declaring Costs to be Assessed & Ordering A,ssmt. , C. P, 504 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: RESDLUTION NO. 3454 RESOLUTION DECLPkRING COSTS '1~D BB ASSESSED ANi3 ORDBRING PRBP~RA~TIO~T OF PROPOSED ASS"ESSMfl~T FOR CITY PROD. NO. 504 Poll of votes: yes - Anderson, Jacobsen, Luettinger, Randall and Olson. Nays - none. Absent - none. Carried. This resolution appears as resolution #3454 in resolution book #22. 23. Cailiiag Hearing - City Pro3ect No. 504 (Oiling Program) 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 apart of these minutes; RESOLUTION NO, 3455 RESOLUTION CALLING HEARING ON .AUGUST 9, 1965, ON PROPOSED AS~SBSSMBNT FOR 1965, ANNUAL S'IRE~ :IMPR~V~i'ENT ANI3' OILINCx . PRfX7RAM; CT'TY PROJECT NO, 504 Po1P of votes: Ayes -Anderson, Jacobsen, Luettinger, Randall and Olson. Nays - none. Absent - none. Carried. This resolution appears as resolution #3455 in resolution book #2~. 24. Estimates Motion by Luettinger, seconded by Jacobsen, that. the following estimate .be allowed: -12- July 12~ 1965 1 McNamara-Vivant Contracting Co. Inc,, City Fro3. #517, Contract #933, Surfacing Forking Area, New Liquor Stored Estimate #1 and final. (Retain 10%) ~ $7,284.00 Ali ayes - carried. Motion by Randall, seconded by Luettinger, that. the f oilowing estimate be allowed: Southside Carpet Co., 6242 Lyndale Ave. .Carpeti.ng-.for new Lyndale Liquor Store. Estimate #1, ontract 934. 100% complete, (10~ re- tained) $4,320.00 Ali ayes - carried. Motion by Anderson, seconded by Jacobs-en, that the following estimate be allowed: Bryan Construction Co., 7601 Wayzata Blvd,, General Construction, • Richf ie id Liquor Store, Estimate #8, Contract 89s1, 100% complete. (10% retained) $18,362.00 1 All ayes - carried. Motion by Randall, seconded by Jacobsen, that the f oolowing estimate be allowed: Nordquist Sign Co., 312 W. Lake St., Sign work at new Lyndale Liquor Store, Est. #1 and final. 100% complete, Contract 894. $2,886.00 All ayes - carried. ... Motion by Jacobsen, seconded by Luettinger, that the following estimate be allowed: Hovde Pibg. & Mtg, Inc., 2222 Edgewood Ave,, Estimate #4, Contract #892, 100% complete, plumbing & heating for new liquor store, 100% complete (10% retained) ~ $3,862.10 Ail ayes -carried, Motion by Luettinger, seconded by Randall, that the f oilowing estimate 1 be ailowed~ Stemmer Electric Co., 436 Fortl.and Ave., 8lectxicai.work new Lynda le Liquor Store. Contract 893, 100% complete, Estimate #3 (10% retained) $2,421..00 Ali ayes - carried, -7- July 12, 19b5 Carl Anderson, 6501 Sheridan Ave., favored state aid. John Zeimer, 6404 Vincent Ave., ...was opposed •to assessmentsa. B. Potthoff, 6428 Washburn Ave., was opposed. Don Cavitt, b404 9ashburn Ave., was opposed, John Severson, 6315 Thomas Ave,, appeared. John Nordiund favored state aid, G, S, Lundberg, 6345 Sheridan Ave., charged that the Sheridan Pond pro- blem is not being solved and the area def fined is not being benef ited, The real benef it is to the park and the cost should be born by the entire city. He stated assessment here is taking arbitrary power by the council. W, L, Bryant, 6520 Sheridan Ave., favored state aid. Motion by Olson, seconded by Jacobsen, that the hearing be closed. Ali ayes - carried, Motion by Jacobsen, seconded by Luettinger, that the following resolut~tan be adopted; that it be spread in the resolution book;r~that~it be made a part of these minutes and that the assessment be conf fined to agar tment project area,-also that additional storm sewer cost be financed by funds from the municipal state- aid funds RESOLUTION N0. 3448 RESOLUTI©N ORDERII~ IMPROVEMBi~ AND PREPARATION OF FZANS AN!) SPECIFICATIONS FOR S'[~C3RM SEWER .CONSTRUCTION ON 65th ST. FROM PENN AVE. Tc~ QUEEN AVE., CITY PROJECT N0. 529 Foil of votes-: Ayes - Jacobsen, Luettinger, Randall and Olson, Nays - Anderson, Absent - none. Carried. This resolution appears as resolution X344$ in resolu- Lion book A~22:, Motion by Jacobsen, seconded by Luettinger, that the following resolution regarding non-ass~essabie portion of the storm sewer project be adopted; that it be spread in the resolution book; that it be made a part of these minutes 1 -13 - July 12~ 1965 Motion b!~ Randall, seconded by Jacobsen., that the followir~ -estivate be ailowedt Harry S. Horwitz & Co., Inc,, 1411 11th Ave: S. Me¢hanicai work on new City Hall, Estimate #3, Contract 920, 26..1% complete, $14,761.80 All ayes - carried. Motion by Luettinger, secpnded by Jacobsen, th at the following estimate be ai lowed: Ado if son & Peterson, Inc., 6701 W. 23rd St.,-General Construction on new Richfield Citq Ha ii, Estimate #4, Contract 919, 43.5% complete. $30,085.33 All ayes - carried. Motion by Anderson, seconded b~+ Jacobsen, that the following estimate be ailowedr 1 North Star 8lectric Co. ,. 4360 Lyndale ~lve. N. Electrical construc- tion for new city hail, Estimate #4, Contract 921, 43.9% complete. $9,126.00 Ali ayes - carried. 25. Licenses - Fee Waived Motion by Anderson, seconded by Jacobsen, that the following license be granted and that the fee be waived: New Richfield Tournament--Baden~s Softball Team, 6726 1st Ave. Soft 33rink Truck (Roosevelt Park9 All ayes -carried. 26. Licenses - Regular Motion by Luettinger, seconded by Jacobsen, that the council defer the consideration of the residential kennel license of ~Naiter Hanson, 6311 Bryant Ave., to Aug. 2nd in order that the applicant can furnish the names of sigria- tares of neighbors concurring in the licens e. All ayes - carried. 1 Motion by Jacobsen, seconded by Randall, that the following licenses be granted -14- July 12, 1965 Licenses - cont. New Waiter P. Stadtherr, 3131. Nicoliet Ave. (Lyndale Liquor Morel _ Cigarette New Schumacher Wholesale Meats, Inc., 508 2nd Ave. S. Fleet Food. Yehicie Jeffery L. Holland Taxicab License Byron J. Nordstrom Taxicab License Motion by Qison, seconded by Luettinger.,, that the application for The Eagles, 7620 Lyndale Ave., be denied as it is the policy of the council that such an organization should be in existence. in Richfield. for five years prior to application for bottle-club license. Ail ayes -carried. 27. Claims & Payroll Motion by Randall, seconded by Anderson, that the following claims and payroll be allowed: R IC1I F IBLD BANK 8i TRUST CQ. General Account - Cks. #3233/3348 $404,431.61 payroll Account - Cks. #5799/6000 57,453.63 All ayes - carried. 28. Authorization to print Financial Re ort Motion by Olson, seconded by Anderson, that the council authorize the manager to negotiate for the printing of the Public Information Report with the Richf field News for a sum up to $1500.00. All ayes - carried. 29. Adjournment Motion by Anderson, seconded by Luettinger, that the meeting be adjourned. Ali ayes - carried. APFROVBAs August 2. 1965 ~~ ~~ . Edw. J. Molit ,Clerk-Treas. '~ Mayor `^ ~ Ye.~ Manager