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02-22-1971 CITY OF-RICHFIELD REGULAR MEETING February 22, 1971 The`..Council of the City of Richfield.met in regular session in the council chambers of the .City Ha11, 6700 Portland. Avenue, February 22, 1971, at 7:00 p,m, The Mayor lead the invocation by having those in attendance give the Lord's Prayer. The ~aeetng was called to order by Mayor Olson, Present: Anderson, Jacobsen,. Luettinger, Law and Olson. Absent: None. L 1, Minutes: Motion by Jacobsen; seconded by Law, that the minutes. of the regular meeting• of February 8, 1971, be approved as presented;. with two minor corrections as follows: Page 4 - Item 6 _-.last paragraph "Motia~n by Anderson, seconded by Jacobsen,. that these two hearing items be deferred to the council meeting of February 22, 1971 ", and Page 4 - Item 7.:..<~;Mr, Fred Olson,. representing Dollar-A-Day Rental Agency, also spoke in interest", 2:. Ordinance Amendment - (Dancing License to Holders of On-Sale Liquor License). Bill 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 Law, that this constitute a second reading 1 of Bi11 No. 1971_ -G.. Anderson. Po11 of votes: Ayes - ~~ Jacobsen, Luettinger, Law and Olson, Nayes - ~ox~e, Absent- none, Carried. Mr. James Rush, Heidelberg Restaurant, appeared in interest. Motion by Luettinger, seconded by Jacobsen, that the council adopt Bill No. - 2 - February 22, 1971 1971-4, that. it be spread in the ordinance book; that it be published in the official newspaper and that it be made a part of these minutes. Poll of votes: Ayes - Jacobsen,. Luettinger, Law and Olson. Nayes m Anderson. Absent - none. Carried. 3. Ordinance Amendment. (Combine a. Single Commission. and Fire Civil SeY ~mmissions into Bill No. 1971-2, "AMENDMENT TO CHAPTER XTI, 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). Samuel P. Terry,. Jr., representing Firefighters Local 1215,. appeared in•opposition. Motion by Luettinger, seconded by Jacobsen, that the hearing be closed. 1 All ayes - Carried. Motion by Luettinger, seconded by Jacobsen, that this constitute a second reading: of Bi11 No. 1971-2. Po11 of votes: Ayes - Jacobsen and Luettinger. Nayes - Anderson,. Law and Olson. Motion lost -Ordinance failed. 4. Ordinance Amendment - (Require Screening. of Mechanical Equipment). Bill No. 1971-5, "AMENDMENT 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). The following. persons appeared in opposition: Frank Riley, 6915 Portland Avenue Sid Sanford, 7000 Portland Avenue Bi11 Salman, 6404 Bloomington Avenue C. E. Swanson, 6717 Harriet Avenue, also appeared in interest. 1 Motion by Anderson, seconded by Law, that the second reading of this ordinance be deferred to the meeting of March 8, 1971. A11 ayes - Carried. - 3 - February 22, 1971 5~. Requests ~of Richfield. Investment Cc~mp.any.. (C-9306) The following persons. appeared in interest of the three requests submitted by the Richfield Bank and Trust .Company to develop. its present facilities: C.. Ee Swanson, 6717 Harriet Avenue Harley Wishart,. 6701 Harriet Avenue John Rickert, 6710 Garfield Avenue R. C. Nicholson, 6607 Grand Avenue Lawrence Wozniczka;; 6744 Wentworth Avenue Richard Franzmeier, representing the Richfield Investment Co., applicant, P.. A.. Marehessault, 6724 Garfield Avenue Don Houlding, 7145 13th Avenue So. (a) Ordinance Amendment - Rezoning of three parcels of land at 6646 Harriet Ave., and. 6640-6644 Garfield Ave.., from "R" to "C-2 ".,_ (Richfield Investment.Co.) Bill Noe 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 Anderson,. seconded by Luettinger, that the hearing be closed and that this constitute a second reading. of Bi11 No. 1971-6. Poll of votes: Ayes -Anderson, Jacobsen, Luettinger, Law and~.Olson~. Nayes - none, Absent - none. Carried, Motion by Luettinger, seconded by Jacobsen,. that the council adopt Bi11 No. 1971-6, that it be spread. in the ordinance book; that it be published in the offic- ial newspaper and that it be made a part of these minutes. Po11 of votes: -Ayes - Anderson,. Jacobsen, Luettinger, Law and Olson. Nayes - none. Absent - none.. Carried. (b) Hearing,on Vacation~of Portion of..Harrietand Garfield Avenues. (Richfield Investment Co,) It being 7:15 pam. Mayor Olson called for the action to be taken on the vacat-ion of segments of Harriet and~Garfield Avenues as requested by Richfield Investment Co, {Hearing closed 2/8/71). Motion by Anderson, seconded by Law, that the vacation of portion of Harriet and Garfield Avenues be approved with the stipulation that cost of the cut de sa~9 - 4 - February 22, 1971 or turn around, to be constructed south of 67th Street, shall be borne by the Richfield Bank and Trust Company, and that an ordinance be initiated to provide for this vacation. in accordance with the city charter, Po11 of votes: Ayes - Anderson, Jacobsen, Luettinger, and Lawn Nayes - Olson. Absent - none. Carried, Transitory Ordinance 16,12 (Vacation. of a portion. of Harriet and Garfield Avenues North of 67th Street. Bi11 No. 1971-7, entitled "APPENDIX A, TRANSITORY ORDINANCE 16,12, OF THE CITY OF RICHFIELD, MINNESOTA", was initiated and ordered placed. on file in the office of the city clerk. (C-9310). Motion by Anderson, seconded by Law, that this constitute a first reading of Bi11 No. 1971-7, 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 March 22, 1971. Poll of votes: Ayes - Anderson, Jacobsen, Luettinger, and Law. Nayes - Olson. Absent - none, Carried. (c) Hearing on Variance of Zoning Ordinance - Richfield Investment Co. It being 7:15 p.m. Mayor Olson called for the action to be taken. on the variance of the .zoning ordinance for the Richfield Investment Co. (Hearing closed 2/8/71). Motion by Luettinger, seconded by Jacobsen, that the variance of the zoning ordinance to allow construction of the bank addition to within 10 feet from the west boundary line of Harriet Avenue be approved. Po11 of votes: Ayes - Anderson, Jacobsen, Luettinger, Law and Olson. Nayes - none, Absent - none. Carried, 6. Hearing. on the closing. off of Harriet and Garfield Avenues at the southern boundar of 67th Street. It being 7:15 p.m. Mayor Olson called for the hearing. on the closing. of f. of Harriet and Garfield Avenues at the southern boundary of 67th Street, Stanley Johnson, 7332 Harriet Avenue, appeared. in opposition. - 5 - February 22, 1971 Motion by Luettinger, seconded by Jacobsen, to close off Harriet and Garfield Avenues at the southerly boundary of 67th Street. Poll of votes: Ayes - Anderson, Jacobsen, Luettinger, Law and Olson, Nayes - none, Absent - none, Carried, Motion by Luettinger, seconded by~Jacobsen, that the city administration be instructed to prepare a preliminary report on the construction required at this location and to present their report at the March 22nd meeting. of the council. Poll of votes: Ayes - Anderson, Jacobsen, Luettinger, Law and Olson. Nayes - none. Absent - none. Carried. 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 minutese RESOLUTION No, 4507 RESOLUTION ORDERING PREPARATION OF REPORT ON CLOSING OFF OF HARRIET AND GARFIELD AVENUE AT SOUTHERN BOUNDARY OF 67th STREET, LANDSCAPING OF BUFFER AREA AND CONCRETE CURB AND GUTTER AND PERMANENT PAVING ON HARRIET AND GARFIELD AVENUE FROM 67th TO 68th .STREET, City Project No, 628 Po11 of voteso Ayes - Anderson, Jacobsen, Luettinger, Law and Olson. Nayes - none. Absent - none. Carried, This resolution appears as Resolution No. 4507 in Reso- lution Book ~k29, 7. Hearing on Land Division - Requested by Roger D. Olson, Locationo 2912 West 74th. It being 7015 p.m. Mayor Olson called for the hearing. on the land division re- quested by Roger D, Olson, 2850 Pilot Knob Road, St. Paul, for permission to divide parcel into approaeimately two 50' lots, at 2912 West 74th Street. Roger D, Olson, applicant, appeared in his own behalf, Motion by Luettinger, seconded by Jacobsen, that the hearing be closed, Po11 of votes: Ayes s Anderson, Jacobsen, Luettinger, Law and Olson. Nayes - none. Absent - none,. Carried, 1 - 6 - February 22, 1971 Motion by Jacobsen, seconded by Luettinger, that the land division be granted, Poll of votesg Ayes - Anderson, Jacobsen, Luettinger, Law and Olson, Nayes - none, Absent - none, Carried, 8, Presentation of Planning Commission Report. on Comprehensive C=9307 , >1an for Richfield, Wesley Borgeson, Chairman of the Richfield Planning Commission, presented the Planning Commission's recommendations for a comprehensive development plan for the City of Richfield and presented their resolution recommending adoption of the plan, receive Motion by Jacobsen, seconded by Anderson, that the council aeeeg~ with the.nks their report and resolution, A11 ayes - Carried, Mayor Olson presented certificates of appreciation to retiring commission members Wesley Borgeson and Carroll Waller. Motion by Law, seconded by Jacobsen, that discussion on the Comprehensive Plan as to dissemination of information and how to succeed with public hearings be placed. on the council agenda for March 8, 1971, All ayes - Carried, 9, Report for Off-Street Parking Contract at 616 East 78th Street. Motion by Jacobsen, seconded by Law, that the layout for off-,street parking requested by Dollar A Day Rent A Car of Minnesota, at 616 East 78th Street, be approved with the stipulation that there be anchored concrete barrier curbs for the interior parking area, A11 ayes - Carried, Motion by Jacobsen, seconded by Law, that the following resolution be adopted; Lam' that. it be spread in the resolution book and that it be made a part of these minutes RESOLUTION No, 4508 RESOLUTION APPROVING LAYOUT AND CONTRACT FOR OFF®STREET PARKING IN ACCORDANCE WITH APPLICATION No, 71-4, CONTRACT No, 2085 Dollar A Day Rent A Car of Minnesota 616 East 78th Street Use: Car Rental Agency (C-9 308 m 7 m February 22, 1971 Poll of voteso Ayes _ Anderson, Jacobsen, Luettinger, Law and Olson.. Nayes _ none, Absent - none. Carried, This resolution appears as Resolution No. 4508 in Resolution Book ~k29 , 10, Minutes, tabulation and recommendation of award on Storm Sewer Construction Bid. Motion by Anderson, seconded by Jacobsen, that the minutes. of the bid opening on February 5, 1971, for the furnishing of all labor and materials for the construction and installation of 19,000 lineal feet of storm sewer and appurtenant work, be approved, and that the low bid of Austin P. Keller Construction Company,. in the amount of $297,112,30, be accepted, A11 ayes - Carried. 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. 4509 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT to AUSTIN P. KELLER CONSTRUCTION COMPANY, 481 FRONT AVENUE, ST. PAUL, MINNESOTA, FOR STORM SEWER CONSTRUCTION City Pro3ect Nos, 618, 619, 620, and 621, (Clerk's File No. C-9309) Po11 of votes Ayes - Anderson, Jacobsen,. Luettinger, Law and Olson. Nayes - none, Absent none. Carried, This resolution appears as Resolution No. 4509 in Resolution Book ~~29. 11. Purchases in Excess of $1,000. Motion by Jacobsen, seconded by Luettinger, that the council approve the purchase of a stripping machine, in the amount of $1,195; and the redesign. of the back.lQading area of the swimming pool, in the amount of $1,087....both items having funds avail- able in 1971 budget. A11 ayes - Carried, - g _ February 22, 1971 12. Request for Extension of Second Aa~pndatory Contract for Comprehensive Planning Services. Motion by Anderson, seconded by Jacobsen, that the council approve an extension of the completion date deadline to June 30, 1971 for all work included in the third pk~ase of the agreement with Midwest Planning and Research Inc. All ayes Carriedo 13.. Distribution. of Handbills and Sample Products, The following persons appeared in interest: Lee Atherton, 7324 Emerson Avenue So. Bi11 Salman, 6404 Bloomington Avenue Motion by Luettinger, seconded by Jacobsen, that the administration review the existing. ordinance to determine whether it can be strengthened in regard to the distribution. of handbills and sample products, All ayes m Carried. 14a Rental Licenses m Utility Trucks and Trailers. Mr. Kenneth Schwols, U-Hall representative, spoke in behalf of Richard W. Lavigne, Richfield APCO, 817 E. 66th Street, applicant, regarding a license for the rental of utility-trucks and trailers at his service station. (Mr. Schwols also represented the next applicantge Motion by Law, seconded by Luettinger, that this license be approved with the stipulation that trailers be kept behind building line and that. off-street parking contract be modified to three spaces on east side, and that snow birds and dunk cars no longer be allowed on the premises. A11 ayes - Carried. ' Motion by Anderson, seconded by Luettinger, that the council approve the license for the rental of utility trucks and trailers for Louis Co Fahlberg, 6958 Cedar Ave,, with the stipulation that trailers be kept behind the 40 ft, setback of the building linen A11 ayes m Carried. - 9 - February 22, 1971 Motion by Jacobsen, seconded by Luettinger, that the license application for the rental of utility trucks and trailers for Raine's Freeway Texaco, 7733 Portland Avenue, be denied. A11 ayes - Carried. 15. Resignation of Planning Commission member. Motion by Law, seconded by Jacob$on, that the resignation of Francis A. Kalusche, 7600 4th Avenue So., from the Richfield Planning Commission, be accepted and that a replacement be appointed at the March 8, 1971 council meeting. A11 ayes - Carried. 16. Submission of City Audit Report for 1969. Motion by Jacobsen, seconded by Law, that the council receive the City Audit Report for 1969, and that same be placed in the official files of the City Clerk. A11 ayes - Carried. 17. Estimate: Motion by Jacobsen, seconded by Law, that the following estimate be allowed: Kvalsten Electric Co., Inc., City Project No. 549, Contract No. 2057 Electric Construction - Wood Lake Nature Interpretive Center Amount - $2,150.69. A11 ayes - Carried. 18. Change Orders: Motion by Jacobsen, seconded by Law, that the following change orders be approved: a. To Kvalsten Electric Co., City Project No. 549, Contract ~r2057 Electrical Construction - Park Structures. Amount increased - $107.00 b. To Arkay Construction Company, City Project No. 549, Contract ~~2055 General Construction - Park Structures Amount increased - $137.00. c, To Sheehy Construction Co. - City Project No. 623, Contract ~~2067 General Construction - Ice Arena Amount increased - $200.00. A11 ayes - Carried, 10 - February 22, 1971 19, Licenses° Motion by Andersen, seconded by Jacobsen, that the following licenses be approved: Fee Waived: Renewal Church of St, Richard, 7601 Penn Ave. So. Soft Drink, Food New Wooddale Baptist Church, 7101 Nicollet Ave. Food Regular° Renewal Burke's Heating Co. Inc°, 9443 Lyndale Ave. So. Heating New Deluxe Plumbing, Heating & Air Conditioning Co., Heating 1405 West 97th Street Renewal Aisles of Beauty, 605 W, 65th Street Soft Drink Renewal Clark Station, 220 West 66th Street Cig., Soft Drink, Ice Vend. Machine Reaaewal Clark Station, 140 E, 78th Street Ice Machine, Soft Drink, Cig, Renewal Dick Mueller Union "76" Station, 601 East 66th St, Cig., Soft Drink Renewal Hobbycraft House, 6238 Lyndale Ave, So. Soft Drink Renewal LaBelle's Distributing, 7701 Nicollet Ave, Soft brink, 2 Vending Machs,, Cig, Renewal Lampert Lumber Co., 300 W, 78th St, Soft Drink Renewal Penn Ave, Conoco, 6744 Penn Ave, So. Ice Machine, Cig,, Soft Drink New Ron's Gulf Service, 1217 E, 66th St, Cig,, 1 Vend, Machine New 3M Company, 1620 E, 78th Street Cig,f 2 Vend: Machines Renewal Far East Cafe, 6620 Lyndale Ave, On-Sale Beer, Food, Cig, New Martin's Shell Service, 6545 Portland Ave, Food Vending Machine Renewal Crosstown Marine, Inc,, 6225 Lyndale Ave. So, New & Used Motorcycles Taxicab Licenses . New Edward Bart® n, 12948 Nicollet Ave., Burnsville Taxicab. Driver New Larry Bebus, 5600 27th Ave. So., Mp1s. Taxicab Driver New Patrick Canniff, 1512 2nd Ave. So. Taxicab Driver Neat- Kenneth Carlson, 2145 Saphire Lane, St. Paul Taxicab Driver ~te~ R.onald C1abo, 6411 Knox Ave° So. Taxicab Driver N~cv_' Earl Hacking, Jr,, 3006 W. 43rd St. Taxicab Driver N~w~< Dennis Harvey, 6632 Columbus Ave° Taxicab Driver New: Joseph Kack, 8000 Irving Ave. So. Taxicab Driver New` Michael McAnally, 3841 Hamilton St., Burnsville Taxicab Driver New Dean Nelson, 6808 Clinton Ave° So. Taxicab Driver Renewal Donald Oxborough, 2823 Grand Ave, So. Taxicab Driver New Gordon Sauer, 9436 12th Ave° So. Taxicab Driver New Richard Seim, 8300 Fremont Ave° So. Taxicab Driver New Kenneth W, Stinson, 915 E, 41st St. Taxicab Driver New John Wruck, 679 E, 79th St, Taxicab Driver All ayes -.Carried, - 11 - 20. Claims and Payrolls: February 22, 1971 .Motion by Jacobsen, seconded by Law, that the following claims and payrolls be allowede RICHFIELD BANK & TRUST COMPANY Checks 3689/4564 SUMMIT STATE BANK Checks 19299/19325 General Checks 7:9794/20078 Payroll A11 ayes m Carried, 21, Adjournment: $275,113,95 $ 94,005.88 83,522,20 Motion by Law, seconded by°Jacobseny-that the meeting be adjourned. A11 ayes - Carried, ~~ DATE APPROVEDo March 8, 1971 ~-~~~ ;' ~'' Clerk v W P Mayor d. Manager 1