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04-10-1972CITY OF RICHFIELD REGULAR MEETING A,pri1 10, 1972 The Council of the City of Richfield met in regular session in the Council Chambers of the City Ha11, 6700 Portland Avenue, April 10, 1972, at 7:00 psm, Rev, John H. Longley, Emerson Congregational Church, gave the invocation. Present: Anderson, Jacobsen, Keneal-ey, Luettinger and Law, Absent: None. Mayor Law called the meeting to order, Mayor Law presented to Elmer Hillner a Certificate of Appreciation for his 0 faithful and dedicated service to the City of Richfield as a member of the Police Civil Service Commission, A Certificate of Appreciation was also presented to Explorer Scout Troop ~~447 for their service to the community in assisting the Richfield Fire Department on numerous occasions in fighting fires. Presentation was made by Mayor Law to Bruce Iverson, who represented the Explorer Scout Troop. 1, Minutes, Motion by Luettinger, seconded by Jacobsen, that the minutes of the March 14, 1972 Comprehensive Development Plan Hearing and the March 27, 1972 regular meeting minutes be approved as presented. A11 ayes o Carried. 2. Special Use Permit for Plant and Tree Nursery Business. Thomas Snow, 7113 2nd Avenue, and C. L, Empey, Route 5, Box 1U4 W, Excelsior, 1Kinx~49 appeared as applicants, and requested a special use permit to operate a plant and tree nursery business on property located at 6955 Penn Avenue. Dennis Luenfeldt, a real estate agent for Mr, Empey, also appeared in interests Motion by Luettinger, seconded by Jacobson,. that the hearing on this special use permit be closed, A11 ayes o Carried, 0 2 m April 10, 1972 Motion by Anderson, seconded by Jacobsen, that the city council grant this special use permit for one year with stipulations as contained in City Manager's Council better No, 70, dated April 10, 1972, and as listed in a letter of agreement between the City of Richfield and the owners of record dated September 26, 1958. All ayes e Carried. 3. Special Use Permit for Taco Be11 Restaurant. Paul Heleniak, 1004 7th Ave. N.E., Rochester, Minn,, and Ronald A. Heskin, representing Heskin & Associates, Inc., 4143 Minnehaha Ave,, Mpls., who represents Taco Be11 Restaurants, appeared as applicants, and requested approval of a special use permit to construct a sit-down restaurant on property located at 2208 West 66th Street, Motion by Anderson, seconded by I,uettinger, that the hearing be closed, A11 ayes Carried. Motion by Luettinger, seconded by Jacobsen, to deny the special use permit on the basis of increased traffic hazards. (Motion withdrawn). Motion by Kenealey, seconded by Jacobsen, that the city attorney be requested to draw up a resolution of denial and present it to the council for approval at the April 24, 1972 city council meeting, A11 ayes _ Carried. 4. Special Use Permit and Variances for one-lane Car Wash with Accessory Gasoline Service Pumps, Mobil Oil Company, 7600 Parklawn Avenue, Mp1s., requested approval of a special use permit for a one-lane car wash with accessory gasoline service pumps proposed for location on two parcels of land located at 2816 West 66th Street and 6533 Vincent Avenue. They also requested that the city grant approval of two variances which speci~ fies the number of employee and customer service type off street parking spaces re® quired by car washes. The following representatives of Mobil Oil Company appeared regarding these requestee 1 m 3 m April 10, 1972 Wm. R. Turner, 5332 W. 64th Street, Edina, District Manager9 Tom A11an, Real Estate Agent for Mobil Oil Company9 and Bi11 Knueppel, Engineer. Jim Herbts, Real Estate Agent for Burger King, expressed his concern with the traffic situation, and suggested that the entrance be from Vincent Avenue and the exit on 66th Street. Motion by Anderson, seconded by Kenealey, that the hearing be closed. All ayes Carried. Motion by Anderson, seconded by Jacobsen, that the Special Use Permit be granted 1 with stipulations as contained in City Manager°s Council Letter No, 72, dated April 10, 1972. Poll of votes: Ayes m Anderson, Jacobsen, Kenealey, and Law. Hayes v Luettinger. (Councilman Luettinger voted against the Special Use Permit because he felt there would be a heavy traffic problem). Carried. Motion by Jacobsen, seconded by Kenealey, that the council grant the two vari® antes and that the employee parking spaces be reduced from 15 to 5, and that the customer parking spaces be reduced from 10 to 3, due to the-fact that the car wash would employ only four to five peogle and therefore would not need as many parking spaces, and that there would be no need for parking spaces for washed cars waiting to be picked up by the owner as the process used by the Mobil Car Wash would give a customer no reason to get out of the ear. All ayes m Carried. _5® Pro osed Ordinance Amendment Concerning Zoning Regulations. (Underground Utilities, Exterior Treatment of Buildings, and Screening Mechanical Equipment). Bill No. 1972®5, "Amendment to Chapter II, Part IV, Section 3.29, of the Ordin- ante Code of the City of Richfield, Minnesota," was read, the same being on file in the office of the City Clerk, (C~9380). - ~ April 10, 1972 Motion by Anderson, seconded by Jacobsen, that this constitute a first reading of Bi11 No. 1972-5, and that it be published in the official newspaper. . Po11 of voteso Ayes m Anderson, Jacobsen, Kenealey, Luettinger and Law. Nayes m none. Carried. Motion by Anderson, seconded by Jacobsen, that the second reading of this ordin- ante be held May 8, 1972, in order to give the Planning Commission time to consider these proposed changes in this ordinance amendment, Po11 of votes: Ayes m Anderson, Jacobsen, Kenealey, Luettinger & Law. Nayes = None. Carried. 6, Proposed Ordinance Amendment Relating to Abatement of Weed and Brush Nuisances, Bi11 No. 1972-8, "Amendment to Chapter X, Part I, Section 10.01, Subdivision 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-9381). Motion by Jacobsen, seconded by Luettinger, that this constitute a first reading of Bi11 No. 1972-8, and that it be published in the official newspaper, Po11 of votes: Ayes - Anderson, Jacobsen, Kenealey, Luettinger, and Law. Nayes - none. Carried, t for Amendment to the Munic code to Permit Operation of a Sidewalk idelberg Dining Loun e . James Rush, representing the Heidelberg Dining Lounge, appeared before the council and requested that change in the city°s on~sale liquor ordinance be made to permit the Heidelberg to operate a sidewalk cafe on a permanent basis during the summer months of the year. 'Phe following also appeared and spoke in interests Ken Kunz, 2920 W. 78th Street, spoke in favor of the proposed amendment, Gordon McKenna, 7308 Upton Ave., inquired about public right away on the Heidelberg property, and also spoke in favor of this proposed change, Herbert Nelson, 7620 Grand Ave., opposed the change; Don Houlding, 7145 13th Avenue, spoke in favor of this request, Bi11 No. 1972-7, "Amendment to Section 11.06, Subdivision 12 (5~ of the Ordinance - 5 m April 10, 1872 Code of the City of Richfield, M3.nnesota", was read, the same being on file in the office of the City Clerk. (Cm9382). Motion by Jacobsen, seconded by Kenealey, that this constitute a first reading--~ of Bill No. 1972-7, and that it be published in the official newspaper. Poll of votes: Ayes - Jacobsen, Kenealey and Law. Nayes m Anderson and Luettinger. Carried. 8. Status Report on Metropolitan Aircraft Sound Abatement Council, Mr. Raymond G. Glumack, staff representative of the Metropolitan Airport Com- mission9 explained the MAC proposal for continuation of MASAC. Motion by Luettinger, seconded by Kenealey, that the council authorize the city's delegates to fhe Metropolitan Airport Sound Abatement Council to vote in favor of the MAC proposal for continuation of MASAC. A11 ayes - Carried. 9. Contract for Group Life Insurance Coverage. Motion by Anderson9 seconded by Jacobsen, that the city council accept the negotiated contract for group life insurance for city employees with North American Life and Casualty Companya as recommended in the City Manager°s Council Letter No, 80, dated April 10, 1972. A11 ayes - Carried. 10. Award of Bid for 1250 GPM Pumper. 1`tie bid tabulation and minutes of bids on the 1250 GPM Fire Pumper were approved at the March 27, 1972 council meeting but a decision on the award of the bid was deferred to the April 10th meeting, Motion by Kenealey, seconded by Jacobsen, that contract for the 1250 GPM Fire Pumper be awarded to General Safety Equipment Corporation, in the amount of $39,275, and that the following resolution be adopted9 that it be spread in the resolution book and that it be made a part of these minuteso - 6 e April 10, 1972 RESOLUTION No. 4752 RESOLUTION DETERMINING LOWEST RESPONSIBLE BIDDER AND AWARDING CONTRACT FOR PURCHASE OF FIRE DEPARTMENT PUMPER TRUCK Po11 of votes: Ayes - Andersons Jacobsen, Kenealey, Luettinger and Law4 Nayes - none. Carried. This resolution appears as Resolution No, 4752 in Resolution Book ~k31;. Motion by Kenealeys 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 minuteso RESOLUTION No. 4753 RESOLUTION AUTHORIZING TRANSFER OF APPROPRIATION FROM THE 1972 CONTINGENCY ACCOUNT TO THE FIRE DIVISION OF THE PUBLIC SAFETY DEPARTMENT Po11 of votes: Ayes m Anderson9 Jacobeans Kenealeya Luettinger and Law. Nayes - none. Carried. I`his resolution appears as Resolution No. 4753 in Resolution Book ~~31. 11. Request to Fence Pond at Sheridan Park. Motion by Jacobeans seconded by Kenealeys to defer to the April 24, 1972 council meeting at the request of the petitioners, Mr. and Mrs. Howard Tysons 6414 Upton Ave., a discussion to have the pond at Sheridan Park fenced. A11 ayes - Carried. 12. Re oast for Approval of Construction of Bus Ramps on Highway T35W to Highway 62. Glen Carlsons Freeway Surveillance and~Control Engineer of the Minnesota High- way Departments and Hugh Favilles Transportation Planner for the Metro Transit Commissions presented a review regarding the bus lane construction for three specified ramps in Richfield and the surveillance system necessary at these three locations. Motion by JacobsenD seconded by Luettingers that the city council reconsider its decision at the October 26s 1971 city council meeting at which time the city council voted not to approve the T35W Urban Corridor Demonstration Project. A11 ayes - Carried. Motion by Jacobeans seconded by Luettinger, that in view of the presentations made by representatives of the highway department and the Transit Commission that - 7 m April 10, 1972 the city council approve the exclusive bus lane construct~.on for the three specified ramps in the City of Richfield and also approve the surveillance system necessary at these ramps to implement the use of these ramps as part of I35W Urban Corridor Demonstration Project. A11 ayes - Carried. Motion by Jacobeans seconded by Luettinger, that the following resolution be adoptede that it be spread in the resolution book and that it be made a part of these minutes: RESOLUTION No. 4751 RESOLUTION APPROVING ~-(~ BUS RAMP CONSTRUCTIONS AND SUR- VEILLANCE AND TRAFFIC CONTROL EQUIPMENT TO I35G1 UR:dAN CORRIDOR DEMONSTRATION PROJECT Poll of votes: Ayes - Anderson, Jacobsen, Kenealey, Luettinger and Law, Nayes - None. Carried. This resolution appears as Resolution No. 4751 in Resolution Book ~~31. 13. Off-Street Parking Contract for Photographic Shots and Mini Lab. R. 0. Hanousek, 155 Irving Avenue North, Minneapolis, appeared before the council and requested approval of an off-street parking contract for a photographic shop and mini lab business which will be located on property at 6724 Lyndale Ave. So. Motion by Jacobsen, seconded by Luettinger, that the off-street parking con- tract for R. 0. Hanousek be approved subject to the stipulations contained in the City Manager°s Council Letter No. 71, dated April 10, 1972. A11 ayes - Carried. Motion by Jacobeans seconded by Luettinger, that the following resolution be adopted, that it be spread in the resolution brook and that it be made a part of these minutes: RESOLUTION Noo 4750 RESOLUTION APPROVING LAYOUT AND CONTRACT FOR OFF-STREET PARKING IN ACCORDANCE WITH APPLICATION No, 72-2, Contract No. 2109. R. Oe HanousekS 155 Irving Ave. Noe, Mpls. Locations 6724 Lyndale Ave. So, Usea Photographic Shop and Mini Labe (Clerk°s file Noe Cm93$2) .. ® g o April 10, 1972 Po11 of votese Ayes - Andereona Jacobsena Kenealeya Luettinger and Law. Nayes - none. Carried. This resolution appears as Resolution No. 4750 in Resolution Book ~~31. 14. Interceptor Sewer Maintenance Agreement with the Metropolitan Sewer Board, Motion by Andersona seconded by Jacobsen, that the city council approve the re- newel of an agreement with the Metropolitan Sewer Board to reimburse the City of Richfield for maintenance costs on interceptor sewers owned by the Metropolitan Sewer Board, and that the mayor and city manager be authorized to eacecute this agreement on l~,ehalf of the city. A11 ayes - Carried, 15. Approval of Contract to Improve Heating System at Penn Ave. Fire Station. Motion by Anderson, seconded by Jacobeans to defer to the April 24th city council meeting the approval of a contract to improve the heating system at the Penn Avenue fire station. A11 ayes o Carried. 16. Preliminary Report and 1~ate of Hearing for Storm Sewer Project No. 646. Motion by Jacobsen, seconded by Luettingera that the following resolution be adoptede that it be spread in the resolution book and that it be made apart of these minuteso RESOLUTION No. 4754 RESOLUTION OIt1~LRING PREPARATION OF. REPORT ON STORM SCR CONSTRUCTION (DISTRICT ~~15) CITY PROJECT No. 646. 12th Avenues E. 73rd Street to E. 74th Street E. 75th Streets 18th Avenue to Bloomington Ave. Po11 of votese Ayes - Andereona Jacobsena Kenealeya Luettinger and Law. Nayes - none. Carried. This resolution appears as Resolution No. 4754 in Resolution book ~~31. Motion by Jacobeans seconded by Luettingers that the following resolution be adoptede that it be spread in the resolution 'hook and that it be made a part of these minutese - 9 m April 10, 1972 RESOLUTION No. 4755 RESOLUTION RECETVTNG REPORT AND CALLING HEARING ON APRIL 24, 1972, ON S'T'ORM SEWER CONSTRUCTION CITY PROJECT Noo 646 (Clerk's File Noo Cd9383) Po11 of votes Ayes - Anderson, Jacobsen, Kenealey, Luettinger and Lawo Nayes - none, Carriedo 'leis resolution appears as Resolution Noe 4755 in Resolution Book ~~31e 179 Resolution requesting Preliminary Report on Storm St~wer Pro~ectso Motion by Jacobsen, 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 minutesa RESOLUTION Noe 4756 RESOLUTION ORDERING PREPARATION OF REPORT ON S`T'ORM SEWER CONSTRUCTION, CITY PROJECT NOS. 647A THROUGH 647H Po11 of votes: Ayes - Anderson, Jacobsen, Kenealey, Luettinger and Lawo Nayes -None. Carriedo This resolution appears as Resolution No. 4756 in Resolution Book ~~310 18o Report on Open Skating Hours for Ice Arena Summer Operation. Motion by Jacobsen, seconded by Andersong that the report on Open Skating Hours for Ice Arena Summer Operation, as tentatively established in the City Manager's Council Letter Noo 85, be accepted and approved. Poll of votes: Ayes Anderson, Jacobsen, Kenealey and Lawo Nayes - Luettinger. Carriedo (Luettinger objected to not enough weekend hours-}-efor open skating). 19e Re ort on Cost Estimates for Council Chamber Recording and Michrophone System. Motion by Jacobsen, seconded by Anderson, that the report on cost estimates for council chamber publ~.c address and recording system be deferred to the council meeting of April 24, 1972e A11 ayes.- Carriedo 20Q Estimates. Motion by Anderson, seconded by Luettinger, that the following estimate be approved. - 10 0 April 10, 1872 Estimate No. 1 and final, Bid No0 71-8, Contract No. 2106s M° G. .4stleford Co°, Lime Sludge Removal, 100% Complete0 Am®unt Payable ~ $249170.40. A11 ayes o Carried, 21. Licenses: Motion by Jacobsen, seconded by Kenealey, that the following licenses be approved: 1 Regular Renewal Don Robert's Union 76 Station, 7301 Penn Aveo Renewal Hobbycraft House, 6238 Lyndale Ave. So. New Red's Apco Station, 7500 Lyndale Ave. New Bates Airport Standard, 1825 East 66th Sto Renewal Lyndale Esquire, 7400 Lyndale Aveo Renewal Richfield She11, 6545 Portland Aveo Soo Renewal Mr. Stealt9. 6345 Penn Aveo Soo Renewal Kinney Shoes, 14 West 66th St. New Wayne's Conoco9 6545 Nicollet Aveo Renewal. Jack°s Gulf Ser~rice, 6949 Nicollet Ave. Soo New American Hea~.th C1ub~ 66 1/2 66th Street Renewal Kentucky Fried Chicken, 6645 Lyndale Aveo Renewal Richfield She11, 6545 Portland Aveo New Red Owl, 6601 Nicollet Aveo New Macey Signs, Inc., 451 Wilson St., NoEo Renewal Hub Dairy Queen, 16 East 66th St. New Roith Drug Coo, 7144 Chicago Aveo Renewal Burkes Heating Coo, 9632 Humboldt Aveo Soo Renewal Centraire Inco, 13025 Pioneer Tro9 Eden Prairie Renewal Atlas Disposal Ser~rice, Inc., 228 Master St., Savage9 Minn. Taxicab Drivers• Renewal Richard Ho Lazerine, 6054 W° Broadwaya New Hope Renewal James Rake, 4345 Diamond Drive, Eagan 22o Claims and Payro11s0 Cig°, Soft Drink, 1 Candy Vending Machine Soft Drink Soft Drink Cigo, Soft Drink9 2 Vend, Machines 1 Vend, Machine, Cigo, Soft Drink Cig° Cig. Soft Drink Cig.9 1 Candy Vendo Macho Soft Drink Food Food, Soft Drink Soft Drink Ice Machine Sign Erector Food, Soft Drink 1 Vendo Machine Heating/Ventilating Heating/Ventilating Refuse Hauling (7 Trkso) Taxicab Driver Taxicab Driver Motion by Anderson, seconded by Kenealey, that the following claims and payrolls 1 be allowed: RICHFIELD BANLZ & TRUST C®MPANY Checks 6599/7923 $999620021 SUN1NlTT STATE BANIg Checks 28615/30782 general 1219314918 30366/30617 payroll 86,182049 A11 ayes - Carried. m 11 - April 10, 1972 23e Ad onrngnenta Moti®n by Kenealey, secmnded by Ja~~bsen, that the meeting be ad~~axrned, All ayes m Carrieds Date Appr®vedt ~~`--' April 24, 1972 ~~~ ~71~~~. ~ ~~~`~~1~~>v 'I'homa.s Je Mo n City Clerle Mana er Ma or ~"'• d • / g Y 1