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06-14-1971CITY OF RICHFIELD REGULAR MEETING June 14, 1971 The Council of the City of Richfield met in regular session in the council chambers of the City Hall, 6700 Portland Avenue, June 14, 1971, at 7:00 P.M. Pastor Glen Bettenhauser, Church of Christ, gave the invocation, The meeting was called to order by Mayor Olson. Present: Anderson, Jacobsen, Luettinger, Law and Olson. Absent - none, 1, Minutes. Motion by Anderson, seconded by Luettinger, that the minutes of the May 24, 1971 meeting be accepted as presented. A11 ayes - Carried, 2, Proclamation, On behalf of the City Council, the Mayor proclaimed "A Model" City days for one week, from August 9th through August 15, 1971, and presented the proclamation to Mr. Cal Swenson, President of the Chamber of Commerce. 3. Metropolitan Council - Discussion. Mr. Robert L. Hoffman, our representative to the Metropolitan Council, presented his initial views and reactions as a newly appointed member to the Metropolitan Council in regard to the functions and objectives of the organization. The city council thanked Mr, Hoffman for his report and extended their appreci- ation for appearing at this meeting, 4. Hearings - Rezoning & Adjustment and Appeals - Richfield Investment Co. It being 7115 P. M. the Mayor called for the hearing. on Rezoning from residential to general commercial, requested by Richfield Investment Company, 6625 Lyndale Ave,, for proposed addition to parking lot at 6615-21 Harriet Ave, So., and the hearing. on: Adjustment and Appeals to extend parking lot to south property line of Lot 5 and to within 3 feet of west property line of Lots 2, 3, and 4, Block 2, J, N, Hauser ®2 - June 14, 1971 Addition. Mr. Richard Franzmeier, Comptroller, represented the Richfield Investment Company regarding these two applications. Motion by Jacobsen, seconded by Anderson, that the hearings be closed, A11 ayes - Carried, Bill No. 1971-9, "AMENDMENT TO APPENDIX C, SECTION 3 OF THE ORDINANCE CORE OF THE CITY OF RICHFIELD, MINNESOTA" was read by the City Attorney, the same being on file in the office of the city cleric (C-9325). Motion by Anderson, seconded by Luettinger, that this constitute a first reading of Bill N®. 197 19, and that it be published in the official newspaper in accord- ante with the city charter, and that sec®nd reading and public hearing be held on June 28, 1971. Po11 of votes: Ayes v Anderson, Jacobsen, Luettinger, Law and 01son. Hayes - none. Carried, Motion by Anderson, seconded by Law, that the council defer action on the Adjustment and Appeals (variance of zoning ordinance requirements) until the second reading. of the Rezoning Ordinance on June 28, 1971. A11 ayes o Carried. 5, Hearing on Rezoning o Wal-I~n Builders 6421 Nicollet Ave, So. It being 7:15 P.M. the Mayor called for the hearing on Rezoning from Multiple Residence to Neighborhood Business District to permit construction of an office building, requested by Wal-Don Builders, 6421 Nicollet Avenue So. Locationo 6401-03 and 640911 Nicollet Avenue S®. Bi11 No. 197 110, "AM~NIIMENT TO APPENDIX C, 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 cleric (C-9326). Don Balmer, representing Wal-Don Builders, appeared, ~•. 3 June 14, 1971 Motion by Luettinger, seconded by 01son, that the hearing be closed, and that this constitute a first reading of Bill No. 197 110, 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 June 28, 1971. Po11 of votes: Ayes - Anderson, Jacobsen, Luettinger, Law and Olson. Nayes s none, 6. Hearings a Special Use Permit and Adjustment and Appeals ~ Baldwin Realty Co. Tt being 7:15 P. M. the Mayor called for the hearings on the Special Use Permit requested by Baldwin Realty Co., 4175 Broadway W, Minneapolis o Location: 6237~/+1~45 Lyndale Avenue So., and the hearing on Adjustment and Appeals (variation of Zoning Ordinance requirements to construct a service station on land in a general commercial zone adjacent to a residential zone, (Cm9327-, The following persons appeared in interest, and spoke in behalf of the Baldwin Realty Co.: Thomas Sweeney, Attorney for Baldwin Realty Kenneth Garwith, Operations Representative for Texaco Robert A. Hillstrom, Independent Fee Appraiser, 620 Midland Bank Building Jim Robinson, Baldwin Realty The following persons appeared in opposition: George C, Hotter, 6424 Emerson Ave, Soo H. Lunow, 6233 Lyndale Avenue The Planning Commission minutes of May 25, 1971 were before the council during this hearing, Motion by Luettinger, seconded by Jacobsen, that the hearing be closed, A11 ayes - Carried, Motion by Anderson, seconded by Luettinger, to defer action on the Special Use Permit and Adjustment and Appeals to the council meeting. of June 28, 1971. All ayes a Carried, - 4 - June 14, 1971 7 Hearings - S ecial Use Permit and Adjustment and Appeals -Bud and Donna Teien, the front property line® It being 7:15 P.M. the Mayor called for the hearing on the Special Use Permit requested by Bud and Donna Teien, 814 Fulton Street S.E., Minneapolis - Location: 6244 Cedar Avenue So., to construct a public utility facility for use as a test center and office building within a general commercial "C-2" zoning district by Northwestern Bell Telephone Company, and the hearing on the Variance to allow Mr, Teien to construct the public utility facility and test center within 28.0 feet of The following persons appeared in interest: Bud Teien, applicant, 814 Fulton Street S,E., Minneapolis Sam Hughes, Northwestern Be11 Telephone Building Construction Supervisor John Lindstrom, Architect, for proposed building, Mr. Teien indicated that he had spoken to a Mr, Jensen, of the MAC staff, and had encountered no objection to the proposed building. Motion by Anderson, seconded by Law, that the hearing be closed, A11 ayes - Carried. Motion by Anderson, seconded by Jacobsen, that the Special Use Permit be granted subject to the city manager obtaining written confirmation from the Executive Director of the MAC to the effect that there is no MAC Abjection to the proposed project and with the following stipulations contained in Council Letter No. 151, as follows: 1, That a variance from the front yard setback requirements of the " Cm2" zoning district allowing this building to be placed within 28 feet of the front property line be approved by the council. 2. That the applicant apply for and obtain approval of an off-street parking contract which shows site and building plan9 for the project including earth mounding and contouring along Cedar Avenue especially at the corner of 63rd and Cedar to give relief for plant materials scheduled for location along Cedar Avenue; a sidewalk to be extended in the front of the building to connect north and south parking lot areas; and all electrical services into the site would be installed under ground, 3. That approval of the special use permit is contingent on the applicant transferring to the city without charge that portion of his property that he has agreed by letter dated May 21, 1971 to transfer to the city, A11 ayes e Carried. - 5 0 June 14, 1971 Motion by Jacobsen, seconded by Anderson, that the city council has heard the request for a variance and has determined: 1. That there are special circumstances or conditions affecting the particular land, building or use referred to in the application, not common to other properties in this or similar districts, 2. That the granting of the applications is necessary for the preservation and enjoyment of substantial property rights, 3. .That the granting of the application will not materially and adversely affect the health or safety of persons residing or working in the neighborhood of the property of the applicant and will not be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, At the hearing the applicant shall present a statement and evidence in such form as the city may require to show these facts. Be it further moved that the variance be granted subject to the following stipu- lations as contained in City Manager's council letter No, 152: 1, Site and building plans for the project zo be approved by the Planning Com- mission and City Council, 2. Agreement to convey a portion of this property for park purposes be approved by the Planning Commission and City Couo.cil. 3, Off-street parking contract for this projeet to be approved by the City Council, 4. Agreement permitting the developer to use public right-of-way for landscaping purposes be made a part of the off-street parking contract and approval by the City Council, A11 ayes - Carried. 8. Hearing on Annual Street Improvement and Oiling Program, C, P. 626. It being 7:15 P, M, the Mayor called for the hearing on the Annual Street Improve- meat and Oiling Program, City Project No. 626. The following persons appeared: M. D, Nieder, 6401 Newton Avenue C. Frankman, 6901 Wentworth Avenue L. M. Becker, 7645 2nd Avenue R. C. Ives, 215 Pleasant Lane Joe Knox, 7515 16th Avenu® George Holzer, 6424 Emerson Ave. Donald Houlding, 7145 13th Avenue C. H. Cone, 6945 Logan Avenue M. D, Gray, 101 E. 68th Street s 6 0 ii of the 7500 block on 10th Avenue, requesting that the street improvement and oiling June 14, 1971 Mre Robert Quist, 7509 10th Avenue, presented a petitson signed by 12 residents program for this block be deleted from City Project No< 626e (Cm9328) Mots®n by Luettinger, seconded by Jacobsen, that the city staff investigate the following areas and consideration be given as to whether they should be added or deleted from the proposed program, and the administrative staff determine whether additional hearings should be held: 20th Avenue m 10th Avenue m 68th Street m Pleasant Lane All ayes v Carriede 65th to 66th St, 75th to 76th S~t, Portland to 5th Ave, Motion by Jacobsen, seconded by Anderson, that the hearing be closed, 1 A11 ayes e Carried, Motion by Jacobsen, seconded by Law, that the following resolution be adopted9 that it be spread in the resolution book and that it be made a part of these minutese RESOLUTION Noe 4577 RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF F'~.uaANS AND SPECIFICATIONS FOR 1971 ANNUAL STREET IMPROVEMENT AND OILING PROGRAM, CITY PROJECT Noe 626e Po11 of votes: Ayes Anderson, Jacobsen, Luettinger, Law and Olson, Nayes o none, Carried, This resolution appears as Resolution Noa 4577 in Resolution Book 4290 Motion by Jacobsen, seconded by Law, that the following resolution be adoptedg that it be spread in the resolution book and that it be made a part of these minutese RESOLUTION Noe 4578 RESOLUTION APPROVING PLANS AND SPECIFICATIONS ON ANNUAL STREET IMPROVEMENT AND OILING PROGRAM AND ORDERING Tn70RK ~7NE BY DAY LABORe City Project Noe 626 (C~9328~ Po11 of votes: Ayes a Anderson, Jacobsen, Luettinger, Law and Olson, Nayes ~ none, Carried, This resolution appears as Resolution #4578 in Resolution Book ~~29e - 7 - 9, Appointment a Planning Commission, June 14, 1971 Motion by Jacobsen, seconded by Luettinger, that Robert J, Reid, 6438 2nd Ave,, be appointed to fill the vacancy created by the resignation of Robert Gordon on the Richfield Planning Commission, A11 ayes e Carried, 10. Appointments - Richfield Human Rights Commission, Motion by Luettinger, seconded by Anderson, that W. H. Siemens, 2904 Ta. 71st St., be nominated as a member of the Richfield Human Rights Commission. A11 ayes - Carried. Motion by Jacobsen, seconded by Olson, that Pat Aylward, 7139 Morgan Avenue, be nominated as a member of the Richfield Human Rights Commission, Pat Aylward, nominee, appeared before the council. Anderson, Poll of votes: Ayes - Jacobsen and Olson, Nayes e ~, Luettinger and Law. Motion lost. Councilman Law voted "no" on the condition that he wished this to be deferred and brought back to the council meeting on June 28, 1971. Motion by Jacobsen, seconded by Anderson, that all these appointments on the Human Rights Commission be deferred to June 28, 1971 council meeting, A11 ayes - Carried. 11. Appointment m Youth Advisory Commission, Motion by Jacobsen, seconded by Law, that appointments. to the Youth Advisory Commission be deferred to the June 28, 1971 council meeting, A11 ayes - Carried, 12. Sidewalk Construction - City Project No. 644. Motion by Anderson, seconded by Luettinger, that the following resolution be adopted; that it be spread in the resolution book and that it be made a part of these minutes: ® g 0 June 14, 1971 1 RESOLUTION No. 4579 RESOLUTION ORDERING PREPARATION OF REPORT ON SIDEWALK CONSTRUCTION SOUTH SIDE OF 70TH STREET FROM LYNDALE AVENUE TO HARRIET AVENUE CITY PROJECT No, 644 Poll of votes: Ayes _ Anderson, Jacobsen, Luettinger, Law and Olson, Naves a None. Carried, This resolution appears as Resolution No, 4579 in Resolution Book ~~29. Motion by Anderson, seconded by Luettinger, 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, 4580 RESOLUTION RECEIVING REPORT AND CALVING HEARING ON JULY 12, 1971 ON SIDEWALK CONSTRUCTION ON THE SOUT~I SIDE OF 70TH STREET FROM LYNDALE AVENUE TO HARRIET AVENUE, (C-9329 CITY PROJECT No, 644 1 Poll of votes: Ayes v Anderson, Jacobsen, Luettinger, Law and Olson, Naves a None, Carried, This resolution appears as Resolution No, 4580 in Resolution Book ~k20, 13. Traffic Control _ Parking Prohibitions on Lyndale Ave, 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. 4581 RESOLUTION. RELATING TO TRAFFIC CONTROL SIGNS "NO PARKING ANY TIME EXCEPT SUNDAYS" BOTH SIDES LYNDALE AVENUE FROM ZAKE SHORE DRIVE TO 74TH STREET EXCEPT ON WEST SIDE LYNDALE AVENUE FROM 70TH TO 71ST STREET WHERE THE SIGNS SHALL READ "NO PARKING ANY TIME". Po11 of votes: Ayes _ Anderson, Jacobsen, Luettinger, Law and Olson, Naves a None. Carried, This resolution appears as Resolution No, 4581 in Resolution Book ~~29. 14. Traffic Control _ Parking Prohibitions on 67th Street, Motion by Jacobsen, 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: - g e June 14, 3971 RESO:~UTION No. 4582 RESOLUTION RELATING TO TRAFFIC CONTROL SIGNS "NO PARTrING ANY TIME ON BOTH SIDES OF 67TH STREET FROM LYNDALE AVENUE TO HARRIET AVENUE Po11 of votes: Ayes o Anderson, Jacobsen, Luettinger, Law and Olson, Nayes o None, Carried. T*?is resolution appears as Resolution No. 4582 in Resolution Bmok ~~29. 15. Request for Change - Off-Street Parking Contract at 616 East 78th Street, Motion by Jacobsen, seconded by Anderson, that the changes in the off=street parking contract, as requested by the Dollar A Day Rent a Car of Minnesota, located at 616 East 78th Street, be approved as set forth. in city manager's council letter No. 162, Poll of votes: Ayes - Anderson, Jacobsen and Law. Nayes _ Luettinger and Olson, Absent - none. Carried. 16. Authorization to Ca11 for Bids v Cathodic Protection system -Water Treatment Plant. Motion by Anderson, seconded by Jacobsen, that the council authorize the calling for bids for a cathodic protection system of the treatment basin located in the water treatment plant. A11 ayes m Carried. 17. Authorization to Participate in Federal Grant Application, 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. 4583 RESOLUTION TO PARTICIPATE IN FEDERA.I, GRANT At NI,ICATION Po11 of motes: Ayes m Anderson, Jacobsen, Luettinger, Law and Olson, Nayes - none. Carried. This resolution appears as Res®9,uti~~ No. 4583 in Resolution Book ~~29. 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; 10 m June 14, 1971 RESOLUTION No, 4584 RESOLUTION TO PARTICIPATE IN FEDERAL GRANT APPLICATION Po11 of votes Ayes _ Anderson, Jacobsen, Luettinger, Law and Ols®n, Nayes m none, Carried, This resolution appears as Resolution Noo 4584 in Resolution Bo®k ~~29, 18, Recommended Revisions to 1971 Psy Plans resulting from Employee Review and Appeal Procedure in Connection with the Position Classification and Pay Plan, Motion by Jacobsen, seconded by Olson, that the f®11®wing resolution be adoptedy that it be spread in the resolution book and that it be made a part of these minutes: RESOLUTION No, 4585 RESOLUTION RELATING TO THE 1971 SALARY COMPENSATION PLANS Po11 of votes: Ayes m Anderson, Jacobsen, Luettinger, Law and 01son, Nayes m none, Carried, This resolution appears as Resolution Noe 4585 in Resolution Book ~~29a 19> Agreement with Richfield Swim Club, Motion by Law, seconded by Luettinger, ths.t the city council approve the agreement with the Richfield Swim Club t® use the pool facilities for 1971 and that the Mayor and the City Manager execute the agreement on behalf of the city, All ayes Carried, 20o Payments & Estimates, Motion by Law, seconded by Anderson, that the f®llowing estimates be allowede a, Sheehy Construction Co,, General Construction, Ice Arena City Project Noo 623, Contract No, 29674 Estimate N©, 8, Amount payable m $50,466,60, b, Mayer Electric Company, Inc,, Electrical Construction, Ice Arena City Project No, 623, Contract No, 2068, Estimate Nc+, 6, Amount payable o $24,944,00, c, He S, Horwitz, Inc,, Mechanical Construction, Ice Arena City Project Noe 623, Contract Noe 2071, Estimate No, 7e Amount payable m $37,539°00° d, Drake Construction Company, Refrigeration, Ice Arena, City Project No, 623, Contract No, 2069, Estimate No, 2, Amount payable $22,6700000 e, Orvedahl Construction, Inc,, Site Impr®vements, Ice Arena City Pr®ject Noa 623, Contract No, 2072, Estimate No, 3, Am®unt payable $12,502,38, - 11 - June 14, 1971 Payments & Estimates (continued) f, J. A. Danens & Son, Wood Lake Nature Interpretive Study, City Project No, 549, Contract No. 2012, Estimate No. 7. Amount payable -$210.00, g, Austin P. Keller Construction Co. - Storm sewer construction - City Project Nos. 618, 619, 620 and 621. Contract No. 2088, Estimate ~~2. Amount payable - $90,639.21. h. F. D. Chapman Construction Co, - 1970 Storm sewer construction City Project Nos. 616 and 617, Contract No, 2062, Estimate No. 4 & Final. Amount payable - $500.00. i. Monette Construction Company - Timber Work, Wood Lake. City Project No. 549, Contract No. 2053, Estimate No. 7. Amount payable - $5,942.00. 21. Change Orders. Motion by Anderson, seconded by Luettinger, that the following Change Orders be approved; a. To H. S, Horwitz, Inc. - Ice Arena Decrease total contract by $121.,00 b, To Buchman Plumbing Company -Wood Lake Increase total contract by $107.00 c. To Arkay Construction Co. - Wood Lake Decrease total contract by $180.00 d. To replace separate contracts for Scoreboard and Seating - Ice Arena project. A11 ayes - Carried. 22, Licenses: Motion by Luettinger, seconded by Anderson, that the following licenses be approved: Fee Waived• New Richfield Historical Society-Bartholemeu House Museum, Food 6901 Lyndale Ave. (Ice Cream Social - July 11, 1971) Renewal House of Prayer Lutheran Church, 7625 Chicago Ave. Food A11 ayes - Carried. - 12 - June 14, 1971 Motion by Anderson, seconded by Jacobsen, that the following licenses be approved: Regular. Renewal Nielsen Gas Heat, 2916 E. 38th St., Minneapolis Heating Renewal Meyers Outdoor Advertising, Inc., 6416 Hwy. ~~7, Mpls, Sign Erecting Renewal Richard B. Burtis, 7325. Fremont Ave, So, Kennel (Residential). Renewal Garnette W. Kelber,6314 14th Ave. So. Kennel (Residential) Renewal Louis M, Koziol, 700 East 68th Street Kennel (Residential). Renewal H. .L, Neh1s, Jr., 6844 Clinton Ave. So, Kennel (Residential) New American Health Clubs, 66 1/2 W. 66th St, 1 Vending Machine Renewal Colony in Richfield, 1740 W. 76th Street Soft Drink New Crosstown Spur Station, 6300 Lyndale Ave. So. Soft Drink New Eddie'z Mobile Station, 2816 West 66th Street Ice Machine New Lyndale Laundromat, 6610 Lyndale Ave. So. 1 Vending Machine New No. 10 Downing Street, 7543 Lyndale Ave. Food, Soft Drink (Fish n' Chips) Renewal Superior 400 Station, 7444 Lyndale Ave. So. Ice Machine New Viking Speedwash, 7748 Morgan Ave. So. 1 Vending Machine New Alice L. Schluter, Wagon Popcorn (Hub) Soft Drink 34 W. 66th Street A11 ayes - Carried. (Mayor Olson voted "no" on the residential kennel license for Louis M. Koziol, 700 East 68th Street). Motion by Anderson, seconded by Jacobsen, that the following. licenses be approved: Taxicab Drivers: New Charles Devorak, 2012 Dupont Ave. So., Minneapolis Taxicab Driver New Carson Dunkley, 306 E, 100th St., Bloomington Taxicab Driver New Paul Fischer, 6239 Irving Ave. So,, Minneapolis Taxicab Driver New Roger Green, 5610-37th Ave. So., Minneapolis Taxicab Driver New James Longman, 5613 Washburn Ave, So,, Mpls, Taxicab Driver New John Siems, 3536 16th Ave. So., Minneapolis T,~xicab Driver New Glen Williams, 3123 - 23rd Ave., Apt, 104, Mpls. ~~Taxicab Driver A11 ayes - Carried, Motion by Anderson, seconded by Law, that the following licenses be approved: Temporary Banners: New Texaco, Inc., 1730 Clifton Place, Mp1s. Temporary Banners Location: 6800 Penn Ave. -(From 6/24/71 thru 6/27/71) New Murphy Oil Corporation, 4600 W. 77th St,, Mp1s. Location: Crosstown Spur, 6300 Lyndale Ave, So. Temporary Banners Southtown Spur, 7744 Penn Ave. So. Temporary Banners Richfield Spur, 7645 Lyndale Ave. So. Temporary Banners (From 6/10/71 thru 7/29/71) (Council Letters Nos, 147 & 164) A11 ayes - Carried e For Texaco, Inc., 1730 C~.~,~~.on Place, Mp1s. - 13 - June 14, 1971 Poll of votes for Murphy Oil Corporation - Ayes: Anderson, Luettinger and Law. Nayes Jacobsen and Olson, Absent - none, Carried, (For one month - 6/10 to 7/10, 1971. 23. Claims and Payrolls. Motion by Anderson, seconded by Law, that the following claims and payrolls be allowed: 1 RICHFIELD BANK & TRUST COMPANY Checks 4750/5119 $154,288.83 SUMMIT STATE BANK Checks 20764/22908 general $419,475.93 22542/22775 payroll 78,032.88 All ayes - Carried, 24. Adjournment, Motion by Luettinger, seconded by Law, that the meeting be adjourned, Carried, DATE APPROVEDs June 28, 1971 s UJ .~~.r/t Mayor Thomas J, an City Clerk ~• ~• ~ Manager 1