02-08-1971CITY OF RICHFIELD
REGULAR MEETING
February 8, 1971
The Council of the City of Richfield met in regular session in the council
chambers of the City Ha11, 6700 Portland Avenue, Monday,. February 8, 1971, at
7:00 P.M.
Father Francis Brentine, Assumption Catholic Church, gave the invocation.
Presentation of Colors, the Pledge of A1legience, and the Outdoor Code was
given by Boy Scout Troop ~~444. They also pledged to Mayor Olson and Donald
Frondick their support for the Wood Lake Nature Interpretive Center,
The meeting was called to order by Mayor Olson.
Present: Anderson, Jacobsen, Luettinger, Law and Olson.
Absent: None.
1. Minutes.
Motion by Luettinger, seconded by Jacobsen, that the minutes of the regular
meeting of January 25, 1971 be approved as presented.
2. Ordinance Amendment - Dancing License to Holders of On-Sale Liquor License.
Bi11 No. 1971-4, "AMENDMENT TO SECTION 11.02, SUBDIVISION 8, PARAGRAPH (9),
SUBDIVISION 9, PARAGRAPH (1), SUBDIVISION 10, AND SECTION 5.21, SUBDIVISION 8,
PARAGRAPH (1) OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD, MINNESOTA", was
read by the city attorney, the same being on file in the office of the city clerk.
(C-9305).
Motion by Luettinger, seconded by Jacobsen, that this constitute a first reading
of Bi11 No. 1971-4, and that it be published in the official newspaper in accordance
with the city charter, and that second reading and public hearing be held on
February 22, 1971,
Po11 of votes: Ayes - Jacobsen, Luettinger, and Olson. Nayes - Anderson, and Law.
Absent - None. Carried,
Mr. Jim Rush, owner of Heidelberg, appeared in interest.
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3, Ordinance Amendment - To Require Screening of Mechanical Equipment.
Bi11 No. 1971-5, "AMSN'DMENT TO CHAPTER III, PART I, SECTION 3.02 OF THE
ORDINANCE CODE OF THE CITY OF RICHFIELD, MINNESOTA", was read by the city attorney,
the same being on file in the office of the city clerk. (C-9304).
Motion by Jacobsen, seconded by Luettinger, that this constitute a first
reading of Bill No. 1971-5, and that it be published in the official newspaper in
accordance with the city charter, and that second reading and public hearing be
held on February 22, 1971.
Poll of votes: Ayes - Anderson, Jacobsen, Luettinger, Law and Olson. Nayes -none.
Absent - none. Carried.
4. Ordinance Amendment - Increasing Sanitary Sewer Rates and Charges.
Bi11 No. 1971-3, "AMENDMENT TO SECTION 8.12, SUBDIVISIONS 1, 2, and 3 OF THE
ORDINANCE CODE OF THE CITY OF RICHFIELD, MINNESOTA", was read by the city attorney,
the same being on file in the office of the city clerk. (C-9303).
Motion by Anderson, seconded by Luettinger, that this constitute a second reading
of Bill No. 1971-3.
Poll of votes: Ayes - Anderson, Jacobsen, Luettinger, Law and Olson. Nayes - none.
Absent - none. Carried.
Mr. E. E. Swanson,. 6761 Harriet Avenue, appeared in interest.
5. Ordinance Amendment - To Create a Single Civil Service Commission for Police and
Fire Employees.
B.i11 No. 1971-2, "AMENDMENT TO CHAPTER XII, PART III, OF THE ORDINANCE CODE OF
THE CITY OF RICHFIELD", was read by the City Attorney, the same being on file in the
office of the city clerk. (C-9302,).
The following persons appeared in interest:
Don Houlding, 7145 13th Avenue So,
Wm. Reichel, President of Firefighters Local.
Officer John Clar ~-Police Department
Lorin A, Gasterland, 6717 Garfield Avenue
Motion by Luettinger, seconded by Jacobsen, that this constitute a second reading.
Motion withdrawn.
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February 8, 1971
Motion by Luettinger, seconded by Jacobsen, to defer the second reading of
Bi11 No. 1971-2 to the February 22, 1971 council meeting.
A11 ayes - Carried.
6. Hearing on Rezoning - Vacation of Street - and Variance of Zoning Ordinance -
Richfield Investment Company, 6625 Lyndale Aue. So. (C-9306).
The following persons appeared in favor of the proposed improvement of plans
submitted by the Richfield Investment Company:
Richard Franzmeier, representing the Richfield Investment Co., applicant
Charles Dykins and Richard Hanford, Architects.
Harry S. Johnson, Land Surveyors, Inc.
Dr. E. E. Ahern, 6709 Harriet Avenue, submitted a petition from residents in
the area around Bob°s Park, as being. opposed to the rezoning.
Another petition was also submitted requesting that Harriet and Garfield Avenues
at 67th Street be closed.
Other persons appearing in interest included the following:
M. J. Tatone, 6344 - 16th Avenue So.
B3orn C. Hagen, 7238 Humboldt Avenue So.
Bob Worthington, Richfield City Planner
Wesley Borgeson, Chairman of Planning Commission
Lawrence Wozniczka, 6744 Wentworth Avenue
Joan Grant, 6737 Harriet Avenue
C. E. Swanson, 6717 Harriet Avenue
Harley Wishart, 6701 Harriet Avenue
John P. Rickert, 6710 Garfield Avenue
Ordinance Amendment - Rezoning of three parcels of land. (Richfield Investment Co.)
Bill No. 1971-6, "AMENDMENT TO APPENDIX C, SECTION 3 OF THE ORDINANCE CODE OF
THE CITY OF RICHFIELD, MINNESOTA", was read by the city attorney, the same being on
file in the office of the city clerk. (C-9306).
Motion by Luettinger, seconded by Jacobsen, that this constitute a first reading
of Bi11 No. 1971-6, and that it be published in the official newspaper in accordance
with. the city charter, and that second reading and public hearing be held on February
22, 1971.
Poll of votes: Ayes - Anderson, Jacobsen, Luettinger, Law and Olson. Nayes - none.
Carried.
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February 8, 1971
Motion by Jacobsen, seconded by Law, that the hearing. on Vacation~of Harriet
and Garfield Avenues at 67th Street, and the Hearing on the Variance of the Zoning
Ordinance be closed.
A11 ayes - Carried.
Motion by Anderson, seconded by Jacobsen, that these two hearings be deferred
to the council meeting of February 22, 1971.
A11 ayes - Carried,
7. Hearin
Herbert A.
Special Use Permit - Variation of Zonin
uson; Location - 616 E. 78th Street.
Ordinance - Requested
Car Rental Aeencv).
It being 7:15 P, M. Mayor Olson called for the hearing on the Special Use Permit
and Variance of the Zoning Ordinance requested by Herbert A, Magnuson, 6314 Park Ave.,
for a new car rental business, with variance of less front footage than required by
ordinance code.
Mr. Roy Bogen, attorney, appeared representing Mr. Magnuson.
Mr. Olson, representing Dollar-A-Day Car Rental Agency, also
spoke in interest.
Motion by Anderson, seconded byJacobsen, that the hearing be closed.
A11 ayes - Carried.
Motion by Anderson, seconded by Jacobsen, that the council grant the variance
and approve the special use permit with stipulations 2, 3, and 4, as recommended in
city manager°s council letter No, 38, as follows:
Off-Street parking contract be approved by the city council at the
February 22, 1971 city council meeting or as soon as the applicant
meets the prerequisites for such a contract.
Landscape and lighting plan be approved by the city administration.
Only one pedestal sign be approved for the project.
All ayes - Carried.
8o Hearing on Special Use Permit - Request of Geor a E. Harris and Raymond E. Haeg.
Location: 7226 Cedar Ave.
It being 7:15 P. M. Mayor Olson called for the hearing on the Special Use Permit
requested by George E. Harris, 204 N. Heritage Circle, Burnsville, and Raymond E,
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February 8, 1971
Haeg, 7226 Cedar Avenue So,, for a Car Rental Business at 7226 Cedar Avenue So.
Mr. Ha11, an attorney, representing Mr. Harris and Mr. Haeg, 7226 Cedar Avenue,
applicants, appeared regarding this Special Use Permit.
Motion by Anderson, seconded by Law, that the hearing be closed.
A11 ayes - Carried.
Motion by Anderson to deny the Special Use Permit. Motion lost for lack of a
second.
Motion by Jacobsen, seconded by Law, to permit the Special Use Permit with the
understanding that applicants bring back to the council an off-street parking con-
tract with the following sCipulations included:
1. Seven spaces outside and that these spaces be marked
for "Car Rental Agency only"„
2. Seven spaces inside.
Poll of votes : Ayes - Jacobsen, Luettinger, Law, and Olson, Nayes - Anderson.
Absent - none. Carried.
9. House Moving -from 6640 Garfield Ave. to 6404 Emerson Ave. So.
Mr, John Johnson, 6639 Harriet Avenue, applicant, appeared.
Motion by Anderson, seconded by Luettinger, that this house moving be approved.
with the stipulation that a bond be furnished, that the house confirm to city code,
and that the area be completely sodded and landscaped.
All ayes - Carried.
10. Request for Amendment and Release of Off-Street
ss
I,Ridker)o
Contract Bond fa
Mot3:on by Jacobsen, seconded by Anderson, to reject application for release of
_~
Off-Street Parking Contract Bond for Crosstown Apartments, and to agree with manager's
recommendations for amendments to the contract as contained in his council letter
~k40 0
Po11 of votes: Ayes - Anderson and Jacobsen. Nayes - Luettinger, Law and Olson.
Motion lost,
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February 8, 1971
Motion by Luettinger, seconded by_Law, that this request be deferred until
Mr. Morten D. Cohen, 2848 Glenhurst Avenue,. St. Louis Park, can appear before the
council to explain this situation on behalf of applicant, Mr, I. Ridker, 3028 Ewing
Ave. So,
Poll of votes: Ayes - Luettinger, Law and 01son. Nayes - Anderson and Jacobsen,
Absent - none. Carried.
11. Request for Amendment and Release of Off-Street Parkin
staurant at 6529 Penn Avenue So.
Bond for Arby's
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. 4506
RESOLUTION RELATING TO RELEASE OF BOND ON OFF-STREET PARKING
Ray M. Tharp
3727 Hilltop Road, Hopkins
Location: 6529 Penn Avenue So,
Use: Arby's Restaurant
Poll of votes: Ayes - Anderson, Jacobsen, Luettinger, Law and Olson. Nayes - none.
Absent - none. Carried. This resolution appears as Resolution No. 4506 in Resolution
Book ~~29.
12. Appointment of three Planning Commission Members.
Motion by Law,. seconded by Luettinger,. that the following three persons be
appointed to the Richfield Planning Commission for a three year term:
Francis A. Kalusche, 7600 4th Avenue 30.
Roy Peterson, 6324 Russell Avenue So.
Mrs. Joan Helmberger, 6914 Park Avenue So.
A11 ayes - Carried.
Motion<by Law, seconded by Jacobsen, that the administration be directed to
send letters of thanks to candidates who submitted to interviews, and to send
certificates of appreciation to retiring members of the Commission.
A11 ayes - Carried.
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13. Resignation of Robert Falcum from Human Rights Commission.
Motion by 01san, seconded by Jacobsen, that the council accept the resignation
of Mr. Robert Falcom from the Human Rights Commission.
All ayes - Carried.
Motion by Olson, seconded by Jacobsen, that Mr. Gerald D. Larson, 1208 W. 73rd
Street, be appointed to fill the unexpired term of Mr. Falcom on the Human Rights
Commission.
All ayes - Carried.
14. Communication from League of Municipalities - Changes in Police and Firemen`s
Relief Association Guidelines Act.
The following persons spoke concerning the amendment of the Police and Firemen's
Relief Associations' Guidelines Act of 1969:
John Nelson and Roger Ostberg, from the Police Department
Marvin Iverson, from the Fire Department
Motion by Luettinger that Amendment ~~1, as contained in the proposed resolution
be accepted. Motion lost for lack of a second.
Motion by Olson, seconded by Jacobsen, that Amendment ~~l as set forth in reso-
lution be amended to indicate only that the council favors the concept of increased
employee contributions without stating a specific amount.
Poll of votes: Ayes - Jacobsen, Law, and Olson. Nayes - Anderson and Luettinger.
Absent - none. Carried.
Motion by Jacobsen, seconded by Anderson, that Amendments Nos. 2 and 3 in
resolution be accepted. All ayes - Carried.
Motion by Luettinger, seconded by Anderson, that Amendment ~~4 be accepted.
A11 ayes - Carried._
Motion by Jacobsen, seconded by Luettinger, that Amendment ~k5 be accepted, and
that the following resolution be adopted; that it be spread in the resolution book
and that it be made a part of these minutes:
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February 8, 1971
RESOLUTION No. 4505
RESOLUTION CONCERNING THE AMENDMENT OF THE POLICE AND FIREMEN'S
RELIEF ASSOCIATIONS GUIDELINES ACT OF 1969
Poll of votes: Ayes - Anderson, Jacobsen, Luettinger, Law and Olson. Nayes - None,
Absent - nave, Carried. This resolution appears as Resolution No. 4505 in
resolution book ~~29..
15. Licenses•
Mr. Rodney Smith and Bi11 Nelson,. applicants for Rodney's of Minnesota, appeared
and spoke regarding their application.:f+pr,an On-Sale, Off-Sale Beer, Tavern, Soft
Drink,. and Food License for their place of business at 1504 E. 78th Street,
formerly Shawn's. of Minnesota.
Motion by Jacobsen, seconded by Law, that these licenses be approved with the
following stipulation as set forth in the council minutes of July 13, 1970 as they
pertain to a tavern license for Shawn's, as follows:
That the sound emitted will not exceed 90 perceived decibles
as measured. outside of building.
All ayes - Carried.
Licenses (continued) - Renting Utility trucks and trailers.
Motion by Jacobsen, seconded by Anderson,. that the following licenses for renting
utility trucks and trailers be approved, as recommended by the manager:
Robert A. Ur1ie, Bob's DX, 6601 Lakeshore Drive
Donald L. Hi11, Don's APCO, 7500 Lyndale Avenue
A11 ayes - Carried.
Motion by Anderson, seconded byJacobsen, that the license for renting utility
trucks and trailers be approved for George Wendlandt, Kunz Oil Co., 6444 Penn Avenue.
A11 ayes - Carried.
Motion by Anderson that license for Richard W. Lavigne, Richfield APCO, 817
E. 66th Street, be denied, Motion lost for lack of a second.
Motion by Jacobsen, seconded by Law, that license for 817 East 66th Street be
granted based on closing south curb cut on Elliot and use East side for off-street
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February 8, 1971
parking and that rental parking not extend in front of building set back.
Motion withdrawn.
Motion by Luettinger, seconded by Law, that licenses for renting utility
trucks and trailers for Richard Lavigne, 817 E. 66th Street; and Louis C. Fahlberg,
6958 Cedar Avenue, be deferred to the council meeting of February 22, 1971.
A11 ayes - Carried.
16. Agreement - Metro olitan Sewer Board for Acquisition of Interceptor Sewers.
Motion by Law,. seconded by Jacobsen, that the Agreement with the Metropolitan
Sewer Board for acquisition of interceptor sewers, be authorized as recommended in
the city manager's council letter ~k26, dated February 8, 1971.
All ayes - Carried.
17. Resolution - Consenting to Dissolution of Suburban Sanitary Sewer Commission.
Motion by Anderson, seconded by Law, 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. 4503
RESOLUTION CONSENTING TO DISSOLUTION OF SUBURBAN SANITARY
SEWER COMMISSION
Poll of votes: Ayes - Anderson, Jacobsen, Luettinger, Law and Olson. Nayes -none.
Absent - none, Carried. This resolution appears as resolution ~~4503 in resolution
book ~~29.
18. Award. of Bids - Removal of Lime Residue from Water Treatment Flant.
Motion by Jacobsen, seconded by Anderson,. that the minutes of the bid opening
on January 29, 1971, for the removal of lime residue from the Water Treatment Plant
be approved, and that the low bid of M. G. Astleford Co., Inc.., be accepted in the
amount of $22,400.00.
All ayes - Carried.
19. Award of Bids -Bituminous Materials for 1971.
Motion by Jacobsen, seconded by Anderson,, that the minutes of the bid opening
on February 2, 1971, for .bituminous materia~.s'`for 1971,. be approved, and that the
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February 8, 1971
low bid of Northwestern Refining Company, in the amount of $170,324.00, be
accepted.
All ayes - Carried.
20. Purchase in Excess of $1,000.
Motion by Jacobsen, seconded by Anderson, that approval be given for the
purchase of the following items in excess of $1,000, which items are contained in the
approved budget document for 1971:
1. One 1/2 ton pickup truck.
2. One three-quarter ton pickup truck,
3. Annual purchase of fire .hose,
4. Repair of two deep wells.
5. One hopper spreader.
6. Two heating units for buildings at swimming pool,
7. Three diving boards at swimming pool.
A11 ayes -Carried.
21. Authorization to Ca11 for Bids - Mist Blower.
Motion by Jacobsen, seconded by Anderson, that the council authorize the
city clerk to advertise for bids on a mist blower; bids to be opened on February 23j
1971, at 11:30 A.M.
All ayes - Carried.
22, Approving Classification and Sale of Tax Forfeited Land,
Motion by Jacobsen, seconded by Anderson, that the council adopt a resolution
approving the classification of a parcel pf tax forfeited land as non-conservation
land and. approving the sale of this parcel of land.
All ayes - Carried.
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 No. 4504
RESOLUTION APPROVING CLASSIFICA~`ION OF TAX`:DELINQUENT
LAND AS NON-CONSERVATION LAND,
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February 8, 1971
Poll of votes: Ayes - Anderson, Jacobsen, Luettinger, Law and Olson. Nayes -none.
Absent - none. Carried. This resolution appears as resolution ~~4504 in resolution
book ~~29.
23. Estimates•
Motion by Jacobsen, seconded by Anderson, that the following estimates be approved:
a. Mayer Electric Company, Inc., City Project No. 623, Contract No. 2068.
Electrical Work - Ice Arena. Estimate No. 2.
Amount - $2.,970..00
b. H. S. Horwitz, Inc.,-City Project No. 623, Contract No. 2071.
Mechanical Construction - Ice Arena. Estimate No. 3,
Amount -:$2,745.00.
c. Orvedahl Construction Co., City Project No. 623, Contract No. 2072.
Site improvements - Ice Arena. Estimate No. 2.
Amount - $4,308.55:•
d. Sheehy Construction Co., City Project No. 623, Contract No. 2067,
General Construction - Ice Arena. Estimate No. 4.
Amount - $93,579.30.
e. Arkay Construction Co., City Project No. 549, Contract No. 2055. "
General Construction - Wood Lake Nature Interpretive Center. Estimate ~~7.
Amount - $16,362.00.
A11 ayes - Carried.
24. Licenses (continued)
Motion by Law, seconded by Jacobsen, that the following licenses be approved:
Fee Waived:
Renewal Mt, Calvary Lutheran School, 6541 - 16th Ave. So.
Renewal Opportunity Workshop Inc. 9. 512 West 78th St. "
Regu~.ar:
Renewal J. P. Davis & Associates, Inc., 117 Ash Lane, Savage
Renewal General Sheet Me•ta1 Corp., 2330 Louisiana Ave. N.
Renewal Dennis Coiffures, 2401 W. 66th St.
Renewal Dick's Sanitation Service, Rt. ~~1, Lakeville 55044
Renewal 494 Car Wash, 7700 Portland Ave. So.
Renewal Gopher Disposal Inc., 3561 W. 44th St.
Renewal Service Parts Company, 7626 Lyndale Ave. So.
Renewal Wilhelm's Standard, 7720 Nicollet Ave.
Soft Drink
Food, Soft Drink
Heating
Heating
Soft Drink
Garbage Hauling (1)."
Car Wash
Garbage Hauling (1)
Soft Drink
Ice Vending Mach.,
Cig. , Sof t Drink
(continued)
1
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Licenses ~~(continuecl
Taxicab Drivers
New Jerry J. Bassett, 947 Lilydale Road, St. Paul
Renewal David Bingea, 6438 11th Ave. So.
New Lawrence Blandin, 1601 E. 80th St., Bloomington
New David Carlsen,~7544 - 2nd Ave. So.
New John Deziel, 2417 We 112th St., Bloomington
New Michael Dillon, 3334 - 42nd Ave. So., Mp.ls.
New Stephen Duane, 128 W. 56th St., Mp1s.
New Larry Forsberg, 6630 Queen Ave., ..Apt. 7
Renewal Clark Gantzer, 6637 Clinton Ave. S.o.
Renewal Gary Haaheim, 6405 Knox Ave. So.
New Raymond JOnE3,-3748 Park Ave., Mp1s.
New David Langmacle, 6630 Queen Ave., Apt. 7
New Glenn Miller, 7244 Cedar Ave,., So.
Renewal Richard Mitchell, 8227 Blaisdell Ave.
New Leonard Novak, 8041 Sheridan Ave. So.
New Donald Olson, 8317 Oakland Ave. So.
New John C. Olsen, 1501 E. Z9th St., ~~34
Renewal Bruce Palmer, 3010 E, 50th.S~.
New Lawrence Peterson, 9940 Maple Ave.
Renewal Robert Sorenson, 6927 18th Ave. So,
New Gary Vidlock, 58 Birnamwood Drive, Burnsville
New David Wicklund, 3748 - 29th Ave. So.
A11 ayes - Carried.
25. Change Orders
February 8, 1971
Taxicab Driver
Taxicab Driver
Taxicab Driver
Taxicab Driver
Taxicab Driver
~~ Taxicab Driver
Taxicab Driver
Taxicab Driver
Taxicab Driver
Taxicab Driver
Taxicab Driver
Taxicab Driver
Taxicab Driver
TaxicA.b Driver
Ta~cicab Driver
Taxicab Driver
Taxicab Driver
Taxicab Driver
Taxicab Driver
Taxicab Driver
Taxicab Driver
Taxicab Driver
Motion by Jacobsen, seconded by Anderson, that the following change orders be
approved:
To Sheehy Construction Co. - To increase the total contract
amount by $2,300.0.0.
To Buckman Plumbing Company - To increase the total contract
amount by $629.05.
All ayes - Carried.
26. Claims and Payrolls.
Motion by Law,., seconded byJacobsen, that the following claims and payrolls
~~
be allowed:
RICHFIELD BANK & TRUST COMPANY
Checks 4327/4420 $345,115.79
SUMMIT STATE BANK
Checks 19280/19295 General $ 68,532.06
Checks 19487/19789 Payroll 82,073.21
All ayes - Carried.
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27, Adjournment.
February 8, 1971
Motion by Jacobsen, seconded by Anderson, that the meeting be ad3our~ed:.
A11 syes -Carried.
I3AT~' APPROVED; ~ February 22, 1971
~ ~ ~ ~~ Mayor
Thomas J. NJ~ar'an City Clerk
• ~' ~ ~ Manager