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08-09-1971 CITY OF RICHFIELD REGULAR MEETING August 9, 1971 The Council of the City of Richfield met in regular session in the council chambers of the City Ha11, 6700 Portland Avenue, August 9, 1971, at 7:00 P. Me Father George Kovalik, St. Peter's Catholic Church, 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 Jacobsen, seconded by Luettinger, that the minutes of the July 26, 1971 regular meeting be accepted as presented with the following correction: Page 6, Item 16 - Motion by Luettinger, seconded by Jacobsen, 2® Hearing on Rezoning - 6945 Penn Avenue So. It being 7:15 poi. Mayor Olson called for the hearing on rezoning from resi- dential to multiple residence for property at 6945 Penn Avenue So., as requested by John Doyle, 9921 Smetana Road, and Hopkins and Sherman Bell, 3240 Flag Ave. So., Minneapolis. No action taken by council as applicants withdrew their application, 3. Hearing on Rezoning - 2409 West 66th Street. It being 7:15 p.in. Mayor Olson called for the hearing on rezoning from multiple residence to limited neighborhood business for property at 2409 West 66th Street, requested by Hyre, Flesher & Company, 2409 West 66th Street, The following persons appeared in interest and expressed their opposition to the rezoning: Mr. & Mrs. Charles Wagner, 6613 Russell Ave, W. L. Riley, 6625 Russell Avenue A. M. Deneui, 6617 Russell. Avenue Motion by Luettinger, seconded by Law, that this rezoning be deferred to the council meeting of August 23, 1971, as requested by the applicant. All ayes - Carried, - 2 - Aug, 9, 1971 4. Hearing on Variation of Zoning Ordinance - 6401-03 and 6409-11 Nicollet Ave. It being 7:15 p.m. Mayor Olson called for the hearing on the variation of the zoning ordinance requirement, requested by Wa1-Don Builders, Inc., 6425 Nicollet Avenue So., for property at 6401-03 and 6409-11 Nicollet Avenue So. Motion by Anderson, seconded by Jacobsen, that this hearing be deferred until the Planning Commission completes their review and files a report. All ayes - Carried, 5. Ordinance Amendment - Increase off-sale beer license fees. Bill No. 1971-12 - "Amendment to Section 11.02, Subdivision 6, of the Ordin- ante 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-9334). ~kae following persons appeared in interest: Ray Macht, 7316 Grand Avenue So. Vincent H. Murphy, 7201 Russell Avenue So. Motion by Jacobsen, seconded by Luettinger, that the hearing be closed. A11 ayes - Carried, Motion by Jacobsen, seconded by Anderson, that this constitute a second reading.of Bill No. 1971-12, 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 - Anderson, Jacobsen, Luettinger, Law and Olson, Nayes - none. Absent - none, Carried, 60 .Ordinance Amendment - Planning Commission. Bill No. 1971-11 - "Amendment to Section 3.68 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-9335). Ray Macht, 7316 Grand Avenue, and Don Balmer, 7315 Penn Ave. So., appeared in interest. M®tion by Anders®n, seconded by Jacobsen, that the hearing be closed. All ayes - Carried, J - 3 - August 9, 1971 Motion by Jacobsen, seconded by Luettinger, that thig:constitute a second reading of Bill No. 1971-11, 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 - Anderson, Jacobsen, Luettinger, Law and Olson. Nayes - none. Absent - none. Carried. 7. 1970 Storm Sewer Construction Pro~eets. Motion by Anderson, seconded by Jacobsen, that the following resolutions be adopted; that they be spread in the resolution book and that they be made a part of these minutes: RESOLUTION N0. 4598 RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ROLL FOR CITY PROJECT N0. 592 RESOLUTION No. 4599 RESOLUTION CALLING-HEARING ON SEPTEMBER 13, 1971 ON PROPOSED ASSESS- MENT FOR STORM SEWER CONSTRUCTION. CITY-PROJECT N0. 592 RESOLUTION N0. 4600 RESOLUTION DECLARING-COSTS TO BE ASSESSED.AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ROLL FOR CITY PROJECT N0. 593 RESOLUTION N8. 4601 RESOLUTION CALLING REARING ON SEPTEMBER 13, 1971 ON PROPOSED ASSESS- MENT FOR STORM SEWER CONSTRUCTION. CITY PROJECT N0. 593 RESOLUTION N0. 4602 RESOLUTION DECLARIlVG-COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ROLL FOR CITY PROJECT No. 594 RESOLUTION N0. 4603 RESOLUTION CALLING HEARING ON SEPTEMBER 13, 1971 ON PROPOSED ASSESS- MENT FOR STORM SEWER CONSTRUCTION. CITY PROJECT N0. 594 ~= 4 ~= August 9, 1971 1 RESOLUTION No. 4604 RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ROLL FOR CITY PROJECT N0. 595 RESOLUTION N0. 4605 RESOLUTION CALLING HEARING ON SEPTEMBER 13, 1971 ON PROPOSED ASSESS- MENT FOR STORM SEWER CONSTRUCTION, CITY PROJECT N0. 595 RESOLUTION NOa 4606 RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ROLL FOR CITY PROJECT N0. 597 RESOLUTION No. 4607 RESOLUTION CALLING HEARING ON SEPTEMBER 13, x,971 ON PROPOSED ASSESS MENT FOR STORM SEWER CONSTRUCTION. CITY PROJECT N0. 597 RESOLUTION N0. 4608_ 1 RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ROLL FOR CITY PROJECT N0. 598 RESOLUTION N0. 4609 RESOLUTION CALLING HEARING ON SEPTEMBER 13, X971 ON PROPOSED ASSESSs MENT FOR STORM SEWER CONSTRUCTION. CITY PROJECT N0. 598 RESOLUTION N0. 4610 RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ROLL FOR CITY PROJECT N0. 599 RESOLUTION N0. 467.1 RESOLUTION CALLING HEARING ON SEPTEMBER 13, 1971 ON PROPOSED ASSESS- MENT FOR STORM SEWER CONSTRUCTION. CITY PROJECT No.599 RESOLUTION N0. 4612 RESOLUTION AECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ROLL FOR CITY PROJECT N0. 600 RESOLUTION N0. 4613 1 RESOLUTION CALLING HEARING ON SEPTEMBER 13, 1971 ON PROPOSED ASSESS- MENT FOR STORM SEWER CONSTRUCTION. CITY PROJECT N0. 600 1 - 5 - RESOLUTION No. 4614 August 9, 1971 RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ROLL FUR-CITY PROJECT N0; 601 RESOLUTION NO r, 4615. RESOLUTION CALLING HEARING ON SEPTEMBER 13, 1971 ON PROPOSED ASSESS- MENT FOR STORM SEWER CONSTRUCTION.. CITY PROJECT N0. 601 RESOLUTION Igo. 4616 RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ROLL FOR CITY PROJECT N0. 616. RESOLUTION No. 4617 RESOLUTION CALLING HEARING ON SEPTEMBER 13, 1971 ON PROPOSED ASSESS- MENT~:'FOR STORM SEWER CONSTRUCTION. CITY PROJECT N0. 616 RESOLUTION No. 4718 RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ROLL FOR CITY PROJECT N0. 617 1 RESOLUTION No. 4619 RESOLUTION CALLING HEARING ON SEPTEMBER 13, 1971 ON PROPOSED ASSESS- MENT FOR STORM SEWER CONSTRUCTION. CITY PROJECT N0. 61j Poll of votes: Ayes - Jacobsen, Luettinger, Law and Olson. Nayes - none. Absent - none. Carried. These resolutions appear in Resolution Book ~~30, pages 125 through 146, inclusive. 8. Appointments. Human Rights Commission. Motion by Anderson, seconded by Jacobsen, that Steven Lundell, 7039 16th Ave., be appointed to a full term on the Richfield Human Rights Commission. All ayes - Carried. Police Civil Service Commission. Motion by Law, seconded by Jacobsen,. that John Labo, 6844 Knox Avenue, be reappointed to a full term on the Police. Civil Service Commission.. A11 ayes '~ Carried. - 6 - August 9, 1971 Fire Civil Service Commission. Motion by Law, seconded by Anderson, that Don L. Balmer, 2315 Penn Ave. So., be appointed to a full term on the Fire Civil Service Commission. A11 ayes - Carried. Wm. Reischel, 7701 Upton Avenue, president of Firefighters Association, appeared in interest. Youth Commission. Motion by Luettinger, seconded by Anderson that. Neil Peterson, 7.521 Fremont Avenue So., be appointed to a full term on the Youth Commission for a three year term. A11 ayes - Carried, Motion by Jacobsen, seconded by Anderson, that John L. Hagen, 7345 15th Avenue, be appointed to fill the unexpired term of Patricia Brestrup on the Youth Commission. A11 ayes -Carried. 9. Licenses - "A Model" City Days - Jaycees. .Ray Macht, 7316 Grand Avenue, appeared in opposition. Motion by Jacobsen, seconded by Olson, that-the following licenses requested by the Richfield Jaycees be approved, but that-the 3.2 beer. license would not be issued unless the applicants met all the code requirements and supplied the City of Richfield with adequate insurance to protect the city, Fee Waived• New Richfield Jaycees, Augsburg Park, Aug.. 9th &'14~h, 1971 Food Hub Parking Lot, Augi:.llth & .4th, 1971 New Richfield Jaycees, Augsburg. Park, Aug. 9th & 14th, 1971 Soft Drink Hub Parking Lot, A~ig. 11th & 14th, 1971 New Richfield Jaycees, Augsburg Park, Aug. 9th & 14th, 1971 Hub Farking.Lot, Aug. 14th, 1971 On-Sale Beer All ayes - Carried. i - 7 August 9, 1971 10. Consideration of Health Regulations Concerning Food Establishments where food is prepared and sold. Motion by Anderson, seconded by Luettinger, to request a legal opinion from the city attorney in regard to Section 6.01, Subdivision 38, of the City Ordinance Code, as it applies to occasional sales by churches and other service organizations. All ayes - Carried. 11. Discussion of Open Skating_Time at Ice Arena. The following persons appeared in interest: Doris 1Kyrvold, 7211 16th Avenue So. Vincent H. Murphy, 7201 Russell Ave. So. Ray Macht, 7316 Grand Avenue Robert Specks, 7101 17th Ave. So. No action taken by council. r l___J 12. Licenses• Motion by Jacobsen, seconded by Anderson, that the following license be approved: New Family Cue, 712$ Chicago Ave. (New owners) 5 Billiard Pool Tables Poll of votes: Ayes - Anderson, Jacobsen, Law, and Olson. Nayes v Luettinger. Carried. Charles Effertz, applicant for Family Cue license, appeared in interest. Motion by Jacobsen, seconded by Anderson, that the following licenses be 1 approved: Regular° Renewal Telke Signs, Inc., 3940 Minnehaha Ave., Mpls. Sign erection Renewal Gold Medal Beverage Co., 553 N. Fairview, St, Paul Sign erection Taxicab Drivers• New Thomas Fleming, 917 Marshall Ave., St. Paul Taxicab driver New Mary Gray, 9223 Grand Avenue So. Taxicab driver New Dwight Mezo, 9034 Cedar Avenue Taxicab driver A11 ayes e Carried. - - --~ - 8 - August 9, 1971 13. Proposal to increase the membership on the Human Rights Commission. Motion by Jacobsen, seconded by Anderson, to instruct the city attorney to prepare an ordinance amendment to a11ow an increase in membership to the Human Rights Commission from nine to ten members. All ayes o Carried. Ray Macht, 7316 Grand Avenue, and Mrs. Gertrude Ulrich, 711 W. 76th Street, appeared in interest. 14. Change Orders. Motion by Jacobsen, seconded by Luettinger, that the following change orders be allowed: To Orvedahl Construction Company - Ice Arena Increase total contract by $1,192. To Electric Service Company - Ice Arena Increase total contract by $522. A11 ayes - Carried. 15. Estimates• Motion by Anderson, seconded by Jacobsen, that the following estimates be approved: a. Electric Service Company, electrical work - Ice Arena City Project No. 623, Contract No. 2074. 11,5% complete. Amount payable - $360.00. b. H. S. Horwitz, Inc., mechanical construction - Ice Arena City Project No. 623, Contract No. 2071. 93% complete, Amount payable - $18,963.90. c. Mayer Electric Company, electrical work - Tce Arena City Project No. 623, Contract No. 2068. 8070 complete, Amount payable - $8,001.00. d. Sheehy Construction Company - general construction - Ice Arena City Project No. 623, Contract No. 2067. 92% complete. Amount payable - $6,815.70. e. Orvedahl Construction, site improvements - Wood Lake Nature Center. City Project No. 549, Contract No. 2952. 96% complete. Amount payable - $14,782.25. ~- A11 ayes - Carried. - 9 - August 9, 1971 16. Claims and Payroll.. Motion by Law, seconded by Jacobsen, that the following claims and payxolls be allowed: RICHFIELD BANK & TRUST COMPANY Checks 5522/5663 $209,975.93 3736/3742 SUMMIT STATE BANK Checks 23512/23516 general $ 9,841.66 24075/24405 payroll All ayes - Carried. 17. Morrow Auto Co. - Release of Off-Street Parking Contract. 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 NA. 4620 RESOL°[TTION RELATING TO RELEASE OF CASH DEPOSIT ON OFF-STREET PARKING CONTRACT.` Morrow Auto Specialties 6445 Cedar Avenue So. Poll of votes: Ayes - Anderson,. Jacobsen, and Law.. Naves - Luettinger and Olson. Carried. This resolution appears as Resolution No. 4620 in Resolution Book ~~30. `18. Federal Reimbursement. ,Motion by Jacobsen, seconded by Law, that the following resolution be adopted; that it be spread in the resolution book Viand that it be made apart of these minutes. RESOLUTION No. 4621 o RESOLUTION TO APPLY FOR REIMBURSEMENT FOR COSTS OF BASIC TRAINING BY POLICE OFFICERS Poll of votes:: Ayes - Anderson, Jacobsen, Lu~ttinger, Law and Olson, Naves - none. Carried. This resolution appears as Resolution No. 4521 in Resolution Book ~k30. - 10 - August 9, 1971 19. Li'1 General Store - Banners Motion by Anderson, seconded by Jacobsen, that Li°1 General Store, 7529 Lyndale Avenue, be given permission to display banners until August 28, 1971. All ayes - Carried. 20. Adjournment. Motion by Law, seconded by Luettinger, that the meeting be adjourned. A11 ayes - Carried. Date Approved: Aug. 23, 1971 ~`~ ~~~ . ~~rL Thomas J. n City Clerk {,~, Mayor ~ ' pager