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01-10-1972 CITY OF RICHFIELD REGiJLAR MEETING January 10, 1972 The Council of the City of Richfield met in regular session in the Cov.ncil Chambers of the City Ha11, 6700. Portland Avenue, January 10, 1972, at 7x00 P.M. Rev. Richard J, Bingen, House of Prayer Lutheran Church, gave the invocation, Mayor Law requested a moment of silent prayer for 0. R. Van Krevelen, who passed away January 7, 1972. Mr. Van Krevelen served as City Manager from June 1, 1955 to March 31, 1968® Presento Anderson, Jacobsen, Kenealey, Luettinger, and Law.. Mayor Law called the meeting to order. 1. Minutes: Motion by Anderson, seconded by Luettinger, that the minutes of the December 14, 1971 hearing on the Comprehensive Development Plan, and the minutes of the Jan. 3, 1972 special meeting, be approved as presented, and that the minutes of the December 27, 1971 council meeting be approved as presented, with. the following cor- rection-: Item 11, Page 5....should be corrected to read - "Motion by Jacobsen, seconded by Anderson"..,. A11 ayes - Carried. Mayor Law presented certificates of appreciation to Doris Serstock for having served seven years on the Planning Commission, and to Irene Jepson for two years of service on this Commission. 2, Shelter Development Corporation request for Rezoning - 300310 West 78th St, It being 7015 p.m. Mayor Law called for the hearing on the rezoning from Industrial District to a Multiple Residential District for property located at 300-301 West 78th Street, as requested by the Shelter Development Corporation, 1550 E, 78th Street, Minneapolis, Minn. v 2 - ~~nuary 1®, 1972 The City Manager reviewed the application and the Planning Commission meetings and actions that had taken place prior to this council meeting regarding this re® zoning request, Robert Stroot, representative of the Shelter Development Corporation, reviewed this proposal and answered two questions in regard to this project. Questions How long will the 50% tax abatement on real estate taxes be effective? Answer: The period for which the 50% abatement would apply is 15 years or the original term of the loan whichever is longer. Questiono Will this project be affected by the revenue sharing legislation that was recently passed by the Minnesota Legislature? Answer: Properties affected by the revenue sharing bill are industrial and commercial and excluded any construction in which 80% or more involved residential occupancy, Therefore, it was determined that this project would not be included in the revenue sharing valuations. Bob Werner, 7645 Harriet Avenue, questioned the legality of signers on the petition and he also objected to the increased traffic volume that would result if this project were constructed. Lawrence Wozniczka, 6744 Wentworth Avenue, spoke in opposition to the project as he did not feel this project was suitable for the best use of this land, and he also objected to this method of providing housing for the elderly, Bob Reddick, 7074 Oak Grove Blvd,, spoke in opposition as he felt the location was not desirable for elderly housing, and he made reference to questions regarding parking, green areas, etc., and that he felt it wouldn°t give private developers, who were funding their owl projects, equal protection. Gordon McKinnon, 7308 Upton Avenue So., spoke in opposition and questioned the use of security guards. He cautioned the council not to make a hasty decision regarding this proposed project, Mari Haddox, 2025 West 77th Street, sp®ke in behalf of the Richfield Human Rights Commission and requested that they be allowed to present their recommendations at the next hearing. - 3 January 10, 1972 Helen Iverson, 6501 19th Avenue, also opposed this project, fearing it would eventually be regarded as a "slum" apartment compleac. Bud Benson, 7632 Grand Ave., voiced his opposition, and questioned this project as being the "highest use" for this land, and stressed the traffic problem and the park land requirement. He also stated,,.."that the quality of life is more important than quantity of life". Sandra Carter, 7008 Oakland Avenue, spoke in opposition regarding the building code, and questioned sewer and water facilities. She also inquired about adequate police and fire protection, and made reference to increased traffic problems. She asked whether the Metropolitan Council had reviewed and commented on this project, Lois DeSantis, 6508 Oakland Avenue, spoke as a representative from the League of Women Voters, in favor of the project. She also spoke in behalf of herself and felt that there was definitely a need for this type of construction in Richfield and that she felt most of the comments against the project were fears and predjudices that were unwarranted. Father Edward Flavin, Director of the St. Paul and Minneapolis Archdiocese, spoke in favor of the project and reported that the twin cities were in need of subsidized housing for low and moderate income families. Motion by Anderson, seconded by Luettinger, that the council continue the hearing until 9:15 p.m. and then adjourn the hearing to January 24, 1972. All ayes - Carried. Ray Macht, 7316 Grand Avenue, also spoke in opposition to this project. 3. Hearing on Variance for Continental Oil Co, - 6645 Penn Avenue So. It being 7:15 p.m, Mayor Law called for the hearing on the 'variance from the estab- lished front yard setback requirements to construct a gasoline service station canopy at 6645 Penn Avenue So., as requested by Continental Oi1.Company, Mpls., Minn. Dale Hedsen, Engineer for Continental Oil Company, presented the design and con= struction layout for their proposed canopy. - 4 - January 10, 1972 Motion by Luettinger, seconded by Jacobsen, that the hearing be closed. All ayes - Carried. Motion by Luettinger, seconded by Jacobsen, that the variance be approved subject to stipulations that the drive and roadway areas be improved subject to ad ministrative approval. A11 ayes - Carried. Motion by Jacobsen, seconded by Kenealey, that the city administration be directed to amend the ordinance requirement in regard to canopies so that this type of improve- ment can be handled administratively. A11 ayes - Carried. ' Ordinance Amendment - 2409 West 66th Street - Requested b Hyre-Plesher Co. 11 No. 1972-2). Bi11 No. 1972-2~,"Amendment to Appendix C, Section 2 of the Ordinance Code of the City of Richfield, Minnesota" was read, the same being on file in the office of the City Clerk, (C-9363). Charles J, Wagner, 6613 Russell Avenue, appeared and asked questions regarding this rezoning request. Motion by Luettinger, seconded by Jacobsen, that this constitute a first reading of Bi11 No. 1972-2, and that it be published in the official newspaper. Po11 of votese Ayes - Anderson, Jacobsen,. Kenealey, Luettinger, and Law, Nayes - none. Carried, 5. Request for Off-Street Parking Amendment - Southdale Square Shop ing Center. Z'he following. persons appeared and spoke regarding this Off-Street Parking amend- ment requeste Dick Larson, from Larson Associates, Minnetonka, Architect, Rex Rice, representative of Southdale Square Inc., owners of the shopping center. Stan Olson, 6420 Vincent Ave,, spoke in regard to the Vincent Ave, loading dock which sometimes results in trucks blocking the street right-of way and cautioned making something legal that has been illegal in the past. - 5 - January 10, 1972 Motion by Jacobsen, seconded by Luettin8er, to grant the Off-Street Parking Contract per alternate plan presented which shows angled driveway for un~.oading trucks at Super Valu store so that loading and unloading can be made from trucks not blocking Vincent Avenue, plus stipulations contained in city manager's council letter No. 9, Po11 of votes: Ayes - Jacc~~een, Kenealey, I,uettinger and Law. Nayes - Anderson, Carried. Motion by Jacobsen, se~gnded 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: RESOT,U'TI®N No. 4725 RESOLUTION AA~$OVING LAYOUT CONTRACT FOR OFF-STREET PARKING IN ACCORDANCE ~TTH APPLTCATI®N No. 71-15, CONTRACT No. 4725. ~AU~hdale Squat®, lnc., 4600 Lyndale Ave. N, lg~ation: 2900 We~et 66th Street ~e®: Expansion ~f existing Shopping Center - (Ce9365) Po11 of votes: Ayes - Jacgb~~~., Kenealeys I,uettinger and Law, Nayes - Anderson. Carried. This resolution appears as Reso~,u~ion No. 4725 in Resolution Book ~k31. 6, Off-Street Parking Contr~~~ - 6245 Lyudele Ave, So., - Crosstown Marine. The following persons aQpeared and sp®ke regarding the off-street parking contract for Crosstown Marini, ~2et5 LyndalQ .venue, for the retail sale of boats, motors, snowmobiles and motor~y~les at 6245 ly~dale Ave. So.: Jim Robertson, representj=~~ the buildi~,~ contractor for Crosstown Marine, Barry Wo1d, from Crosstown Marine, 6225 Lyndale Ave., applicant, Lawrence Wozniczka, 6744 Wentworth Avenue requested that the council give consideration to the construction of sidewal~,~ on this project, Tom Van Ornum, 7325 18th A,veriue, requested all possible landscaping. The following persons askQd questions: Harold Lunow, 6233. Lyndale Avenue, Donald Houlding, 7'.45 13th Avenue, Sandra Carter, 7008 Oakland Avenue. - 6 - January 10, 1972 Motion by Jacobsen, seconded by Luettinger, that the following resolution (with stipulations contained in city manager's council letter No, 8, plus sidewalk on 63rd Street and on Lyndale Avenue), be adopted; that it be spread in the resolu- tion book and that it be made a part of these minutes: RESOLUTION No. 4723 RESOLUTION APPROVING LAYOUT AND CONTRACT FOR OFF-STREET PARKING IN ACCORDANCE WITH APPLICATION No. 71-16, Contract No. 2105. Crosstown Marine, 6225 Lyndale Ave, So. Location: 6245 Lyndale Ave, So. Use: Retail Sale of Boats, Motors, Snowmobiles, and Motorcycles Clerk's File No, C-9364 Poll of votes: Ayes - Anderson, Jacobsen, Kenealey, Luettinger, and Law. Nayes - none. Carried. This resolution appears as Resolution No, 4723 in Resolution Book No. 31. 7. Authorization to Ca11 for Bids on Bituminous Paving Materials. Motion by Anderson,- seconded by Jacobsen, that the council authorize the call for bids on February 1, 1972, at 11:30 a.m., for bituminous paving materials to be used in the city's street oiling and stabilization program. All ayes - Carried. 8. Minutes and Tabulation of Award - Lime Residue Removal. Motion by Luettinger, seconded by Jacobsen, that the minutes and tabulation of the bid opening on January 4, 1972, at 11:30 a,m., on lime sludge removal at the water treatment plant, be approved as presented. A11 ayes - Carried. Motion by Anderson, seconded by Luettinger, that the low bid submitted by M. G. Astle~ford Company, Inc,, at a price of $3.24 per cubic yard, be accepted as recommended by the city manager in his council letter No. 3. A11 ayes - Carried. 9. Sharing of the cost of litigation questions concerning interpretation of the Omnibus Tax Act of 1971. The following persons appeared in opposition to sharing of cost in litigation on the Omnibus Tax Act of 1971: - 7 - January 10, 1972 Motion by Anderson, seconded by Luettinger, that the matter of interpretation Motion by Jacobsen, seconded by Anderson, that the Richfield News be designated Motion by Jacobsen, seconded by Anderson, that council appoint a library project 1 Larry Wozniczka, 6744 Wentworth Avenue Earl Maffett, 6745 Harriet Avenue Don Houlding, 7145 13th Avenue of the Omnibus Tax Act of 1971 be deferred to the council meeting of January 24th, 1972. A11 ayes - Carried. 10. Designation of Official Newspaper. as the city's official newspaper for 1972. A11 ayes - Carried. 11. Consideration of Appointment of new Library Project Review Committee. review committee at the January 24th council meeting. All ayes - Carried. 12. Discussion of Dates for Neighborhood Hearings on Proposed Comprehensive Plan. Motion by Anderson, seconded by Kenealey, that the following neighborhood hearings, on the proposed comprehensive plan, be held at the following locations and on the following dates: Area No. 2 February 15, 1972 7:30 P.M. (Area bordering on Xerxes Avenue) Area No. 3 February 29, 1972 7:30 P. M. Area bordering Hwy. ~~494, between Nicollet and Xerxes Ave.) Area No. 4 March 14, 1972 7:30 P. M. (Area bordering Hwy. ~k494, between Nicollet and Cedar Ave..) Area No. 5 April 11, 1972 7:30 P.M. (Area between Diagonal & Hwy. ~k494, and Cedar and 18th Ave. To include Taft Park area), Sheridan School 64th and Sheridan Ave. W. Jr. High School, 75th and Oliver Ave. Assumption School 77th St. & 3rd Ave. So. E. Jr, High School 12th Ave. & 70th St, All ayes - Carried. - 8 - 13. Licenses• Regular January 10, 1972 Motion by Anderson, seconded by Jacobsen, that the following licenses be approvedo Renewal Tom Thumb, 7600 Knox Ave. So. Renewal Encore Chow Mein, 6637 Penn Ave. So. Renewal .Suburban Yellow Cab, Rt. 5, Box 154, Osseo, Minn, Renewal L®uis Degidio, 6501 Cedar Ave. Renewal Gold Eagle Wash, 1537 East 66th St. Renewal Li°1 General Store, 7701 Portland Renewal Naegele Outdoor Adv. Co., Inc., 1700 W, 78th St. New Naegele Outdoor Adv. Co., Inc., 1700 W. 78th St. Renewal Ideal Sheet Mtl. Inc®, 544 Summit NE., Mpls., -55421 Renewal Protect Plumbing Ccc9 9743 Humboldt Ave. Renewal Alaskan Air Condit~oning,.~- 1200 Chestnut, N. Mpls. Renewal PDQ Food Store, 813 East 66th St. Renewal Al°s Clark Super 100, 6244 Penn Ave. So. Renewal Twin City Gas Heat, 3509 16th Ave. Renewal Tait°s Southdale Super Valu, 2900 W. 66th St. Renewal Roith°s Pharmacy, 7144 Chicago Ave. Renewal Richfield Post Office, 825 West 65th St. Renewal T. D. Gustafson, 1800 W. Hwy. 13, Burnsville 55378 Renewal Krispy Kreme, 6405 Lyndale Ave. So. Renewal Conditioned Air Equipment, 3010 Clinton Ave. Renewal Richfield APCO, 817 E. 66th St. Renewal Korner Plaza, 66th and Nicollet Ave. Renewal Grudem Brothers, 635 No. Prior Ave. Renewal Crosstown Kitchens, Inc., 1506 E. 66th St, Renewal Family Cue, 7128 Chicago Ave. Renewal Plaza Cafe, 818 West 77 1/2 St. Renewal Kenney's Meats, 7138 Chicago Ave. Renewal Kenny's Meats, 6722 Penn Ave. So. Renewal Kenny°s Meats, 1430 E. 66th St. Renewal Lariat Lanes, 6320 Penn Ave. So. Renewal Nelson°s Drive In, 6430 Nicollet Ave. Renewal Plaza Cafe, 818 West 77 1/2 St. Renewal Lariat Lanes, 6320 Penn Ave. So. Renewal VFW Fred Babcock Post ~k5555, 710 Lake Shore Dr. Renewal Lunds Inc., ,6228 Penn Ave. So. Renewal Burger King Corp., 2800 West 66th St. Renewal Heidelberg, 708 West 66th St. Renewal Dubuque Pkg. Co., 185 5th Ave. SW Renewal Dick°s Dairy Depot, 6246 Lyndale Ave. So. Renewal R & C Hub. Bake Shop, 4 West 66th St. Renewal Cookie Jar Bakery, 6532 Penn Ave. So. Renewal White Grill, 6616 Penn Aue. So. Renewal Arts Rubbish Removal, 8935 2nd Ave. So. (continued) Cig. Cig. Cig. Heating/Ventilating Vending Machine Cig., Off-Sale Beer, Food, Tce Mach., Meats Soft Drink Cig., 3 Vend. Machines Heating/Ventilating Heating/Ventilating Heating/Ventilating Cig. Cig. Heating/Ventilating Cig. Cig. Cig. Heating/Ventilating Cig. Heating/Ventilating Cig. Cig. Heating/Ventilating Cig. 1 Vending Machine Soft Drink. Food, Ice Machine Soft Drink, Fresh Meats, Food Soft Drink,. Fresh Meats, Food Soft Drink, Fresh Meats, Food Food, Soft Drink Soft Drink, Food, Cig. 1 Vend. Machine 1 Vend. Machine 1 Vend. Machine Fresh Meats, Food, Food Vehicle, Soft Drink Food, Soft Drink S®ft Drink, Food 2 Food vehicles Soft Drink, Food Food Food Soft Drink, Food Garbage Hauling - 9 - January 10, 1972 icenses (c®ntinued) Renewal Raine°s Freeway Texaco, 7733 Portland Ave. Ice Machine Renewal Voyager Shell, 6601 Penn Ave. So. 2 Ve~.~d. Machines• Renewal Western Stores, 7700 Lyndale Ave. So, Ice Mach., Fom;~, Soft Drink Renewal Crosstown Marine, Inc., 6225 Lyndale Soft Drink • Renewal Freeway Texaco, 7733 Portland Ave. Cig. Renewal Millers Fireside Pizza, 6736 Penn Ave. So. Vend. Mach., Soft Drink, Cig. Renewal Frenchmans, 1400 Bast 66th St. On-Sale Beer, Off-Sale Beer, Tavern, 4 Coin Oper. Machs., 1 Music Boat, Soft Drink, Cig, F®od Renewal Blue Cue Billiard, 6447 Lyndale Ave. So. Soft Drink Renewal A & B Skelly, 7701 Lyndale Ave. So. 1 Vend. Machine Renewal Blsen°s Pure Oil, 7730 Portland Ave. So. Soft Drink Renewal ~~494 Car Wash, 7700 Portland Ave. So. Car Wash I1ew Karen J. Sanders, 8421 22nd Ave. So. Liquor-Dispensing (Cocktail Waitress-Heidelberg) Renewal Lou°s Cedar Ave. Conoc®, 6958 Cedar Ave. Rental of Utility Trucks and Trailers ee Waived - 1972 enewal Bethany Covenant Church, 7121 Bloomington Ave. Soft Drink, Food Taxicab Drivers• New James Wilson, 6920 Bxcelsior Blvd., St. Louis Park Taxicab Driver Renewal George A. ®lson, Jr., 7720 Penn Ave. So. Taacicab Driver Renewal Walter Duggan, 11832 NW Norway, Coon Rapids Taa~icab Driver Renewal Lyndale Aspholm, 14750 W. Burnsville Taxicab Driver Renewal Randolph Smith, 9133 Newton Ave. So. Taxicab Driver Renewal Richard Howard, 5720 W. 68th St. Taxicab Driver Renewal Lounzo Hillstrom, 8515 Wentworth Ave. So. Taxicab Driver Renewal Forrest Laugerude, 2075 Garnet Lane, St, Paul Taxicab Driver Renewal Ronald C1abo, 6411 ~ Knox Ave. So. Taacicab Driver Renewal Kim LeRoy, 2101 Garfield Ave. So, Taxicab Driver Renewal Daniel Huchthausen, 3320 Longfellow Ave. Taxicab Driver Renewal Jaaaes Wilson, 6920 Bxcelsior B1vd., St. Lo~zis Park Taxicab Driver Renewal Charles Guernsey, 3808 Blaisdell Ave. So. Taxicab Driver Renewal Donald Schuveiller, 7204 - 16th Ave. So. Taxicab Driver Renewal Leonard J. King, 8232 S®, 16th Ave. Taxicab Driver Renewal Dennis C. Swanson, 7537 18th Ave. S®. Taa~icab Driver Renewal Harlan Anderson, 2001 Flag, St. Louis Park Taxicab Driver Renewal Gilbert Beit®, 7321 Sheridan Ave, So. Taaticab Driver enewal Warren Hanson, Boas 185, Rt. 2, Cannon Falls, Minn. Taaeicab Driver 11 ayes - Carried. - 10 - January 10, 1972 14. Claims and Payrollst Motion by Anderson, seconded by Luettinger, that the following claims and payrolls be approvede RICHFyELl-: BANK & TRUST COMPANY Checks ................. SUMMIT STATE BANK 6565/7233 Checks 27666/28109 general 27812/18105 payroll All ayes - Carried. 15. PCA Enforcement by Local Officials. (Not on Agenda). $206,785.34 $ 3,470.87 87,012.71 The City Manager gave a report on the proposed regulations by the Minnesota Pollution Control Agency to the effect that they were considering having the City of Minneapolis be the enforcement agent in Hennepin County. 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 minutese RESOLUTION No. 4724 ~T RELATION 1'0 MINNESOTA POLUTION CONTROL AGENCY "IlKJ.'LEMENTATION PLAN" Poll of votese Ayes - Anderson, Jacobsen, Kenealey, Luettinger and Law. Nayes - none. Carried. This resolution appears as Resolution No. 4724 in Resolution Book ~~31. 16. Adjournment. Motion~by Luettinger, seconded by Kenealey, that the meeting be adjmurned. All ayes - Carried, lute Approvede 1 Thoma J. M an City Clerk . ~ • Manager