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06-12-1972CITY OF RICHFIELD REGULAR MEETING June 12, 1972 The Council of the City of Richfield met in regular session in the Council Chambers of the City Ha11, 6700 Portland Avenue, June 12, 1972, at 7:00 p.m. Rev. John Che11, House of Prayer Lutheran Church, gave the invocation. Present: Anderson, Kenealey, Luettinger and Law. Absent - Jacobsen (Away on business but arrived at 7x55 p.m.} Mayor Law called the meeting to order. 1. Minutes• Motion by Luettinger, seconded by Kenealey, that the minutes of the May 22, 1972 regular meeting, and the street improvement hearing minutes of May 15, 16, 17 and 18, 1972 be approved as presented. A11 ayes - Carried. 2. Special Use Permit for Sambo's Restaurant at 64th Street and Penn Avenue So. It being 7:15 p.m. Mayor Law called for the hearing on the Special Use Permit for Sambo's Restaurant at 64th Street and Penn Avenue, as requested by Robert J. Sather and R. B. Wiegel, applicants. The following appeared and spoke in interest: Vern Newton, Salt Lake City, representing Sambo's Restaurants, presented a review of the Sambo Corporation and its operation. Helen-.Brooks, Industrial Realtor for Brokers Exchange, explained the economic factors on this proposed special use. Robert Sather., 6117 Ashcroft, owner of one of the lots, spoke in favor of the special-use permit. He also reported that this piece of land has been up for sale during the past ten years and that he has tried for the following special use permits on this property: 2 different gas stations, 1 car wash, and 2 combination car wash and gas station. City Planner responded to council questions. Councilman Jacobsen arrived. - 2 - June 12, 1972 Mayor Law wished to go on record that he v~as~a=~-eAe-a~-~l~es®-ge~seas ~s~® felt service station businesses were not to be looked down upon. c~e_+1 Fa ~F gcs~+ ,• ~- .f r~ifi..cx 1.9 a:~~ a --.,.. . Councilman Luettinger stated that the council has always considered what is best for the city and has never treated service stations as second®class citizens. Mrso Donna Peterson, 6324 Russell Avenue, expressed her concern about the traffic this restaurant would generate, and also stated that she thought it was the wrong time and wrong place for a restaurant. the following also spoke in opposition to this special use permit: Gordon Lundberg, 6345 Sheridan Avenue Mrs. Gerry Krueger, 6237 Russell Avenue Motion by Kenealey, seconded by Jacobsen, that this hearing be closed. A11 ayes - Carried. Motion by Anderson, seconded by Jacobsen, that the council defer this item for ninety days during which time the city council will receive a report from the adminis- trative staff on the final determinations to be made on the comprehensive plan. Poll of votes: Ayes - Anderson, Jacobsen, and Law. Nayes - Kenealey and Luettinger. Carried. 3. Proposed Ordinance Amendment Concerning On-Sale Lia~uor License Ordinance. Bi11 No. 1972-11. Bi11 No. 1972-11, "Amendment to Section 11.06, Subdivision 11, Paragraph (6) 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-9392). Motion by Anderson, seconded by Kenealey, that the hearing on this proposed ordinance amendment be closed and that this constitute a second reading of Bi11 Noo 1972-11; 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. Po11 of votes: Ayes - Anderson, Jacobsen, Kenealey, Luettinger and Law. Nayes - None. Carried, ' - 3 - June 12, 1972 4. Proposed Ordinance Amendment Concerning Installation of Deadbolt Locks. Bi11 No. 1972-10. Bi11 No. 1972-10, "Amendment to Chapter III, Part IV, Section 3.29 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-9391). Motion by Anderson, seconded by Luettinger, that the hearing on this proposed ordinance amendment be closed and that this constitute a second reading of Bi11 No. 1972-10, 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. Po11 of votesa Ayes - Anderson, Jacobsen, Kenealey, Luettinger and Law. Nayes - None. Carried. 5. Planning Commission Recommendation on Library Improvement Program. The following persons spoke regarding the expansion plans for the Richfield Library facilities as proposed by the Planning Commission and the Library Project Review Committees Duane H. Edberg, 6401 2nd Avenue Frank Riley, 6915 Portland Avenue Robert Gordon, 6937 Nicollet Avenue Motion by Kenealey, seconded by Law, to send plans back to the Planning Com- mission for further study. Poll of votesa Ayes m Kenealey and Law. Nayes o Anderson, Jacobsen, and Luettinger. Motion defeated. Motion by Anderson, seconded by Luettinger, that the council accept the report of the Planning Commission and that they concur with their recommendations. Po11 of votesa Ayes - Anderson, Jacobsen and Luettinger. Nayes - Kenealey and Law. Carried, 6. Request for Proposed Change in Zoning Ordinance.. Mr. John H, Langer, representing Korner Plaza, Inc., appeared before the council and requested that consideration be given to an amendment to the zoning ordinance - 4 m June 12, 1972 or that he be granted a variation from the provisions which prohibits the outside display and storage of merchandise by a business in a commercially zoned district, The following persons appeared and spoke in interest: Wa11y Vavrosky, 7338 Harriet Avenue Dick Rocklin, 76th and Lyndale Frank Ri1ey9 6915 Portland Avenue Fd Rockwell, Southtown She11 Service Station Donna Peterson, 6612 Russell Avenue Motion by Jacobsen, seconded by Anderson, that the council place a moratorium on issuing any future citations regarding merchandise outside storage until council decides what ordinance change will be made and that there be an administrative study undertaken with the business community to determine whether the present ordinance should be revised, A11 ayes - Carriedd 7d Off-Street Parking Contract for Left Guard Restaurant and Cocktail Lounge, 7117 Nicollet Avenues Planning.Directar, Robert Worthington, reviewed the proposed offdstreet parking contract submitted by Left Guard Restaurant and Cocktail Lounge, 7717 Nicollet Ave. Wmd Fox, attorney representing Left Guard, appeared for applicant. Motion by Luettinger, seconded by Jacobsen, that the off-street parking contract be approved with the 15 stipulations listed and attached to city manager's council letter Nod 137, and that an additional stipulation be included A (16) "That the driveway onto 77th Street be slanted NdW,", A11 ayes - Carried, Motion by Jacobsen, seconded by Luettinger, that the date of July 24th be set as the date of hearing. on their private on-sale liquor licensed A11 ayes - Carriedo Motion by Jac®bsen, 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 0 5 e June 12, 1972 RESOLUTION No. 4780 RESOLUTIOON APPROVING LAYOUT AND CONTRACT FOR OFF~STREET PARKING IN ACCORDANCE WITH APPLICATION Noo 725, Contract No, 2114 Left Guard Restaurant and Cocktail Lounge Locations 7717 Nicollet Avenue (C~9400) Poll of votes Ayes v Anderson, Jacobsen, Kenealey, Luettinger and Law. Nayes - None, Absent - none. Carried. This resolution appears as Resolution No. 4780 in Resolution Book No. 31. 8. Request for Release of Off~Street Parking Bond, Richfield Bank and Trust Co. 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 minutese RESOLUTION No. 4775 RESOLUTION RELATING `1'0 RELEASE OF BOND ON OFF~STREET PARKING Richfield Bank & Trust Company 6625 Lyndale Avenue So. Locations 515 West 66th Street and 6609 Harriet Avenue So. Uses Parking Lot for Bank Poll of votes: Ayes - Anderson, Jacobsen, Kenealey, Luettinger and Law. Nayes - None. Carried, This resolution appears as Resolution No. 4775 in Resolution Book ~~31. 9. Discussion of Public Safety Department, Mr. Burggraaff provided the history and background information regarding the creation of a public safety department and the position of a public safety director, Each councilman and the mayor made preliminary remarks. The following also appeared and spoke in interests Wm. Reischel, 7701 Upton Avenue, President of Richfield Firefighters Local 1215 Captain Sam Terry, 4230 Upton Avenue, spoke as a firefighter representing Richfield Firefighters Local 1215 (Cm9403) Mrs. Sandra Carter, 7008 Oakland Avenue Lawrence Wozniczkafl 6744 Wentworth Avenue (C-9402) Robert Gordon, 6937 Nicollet Avenue - 6 - June 12, 1972 Motion by Kenealey, seconded by Anderson, that the City Council appoint a Study Committee with the request that this committee file a report to the council by the second meeting in July (July 24), at which time the council will make a final determination or set the date for a final decision. A11 ayes - Carried. 10. Licenses• Mr. Alvin Roth, associated with Westerneer, 1120 E. 66th Street, appeared as applicant for an "On-Sale" beer license,. Mrs, Mickey Nielsen (address unknown) telephoned her response to Councilman Jacobsen in favor of the on-sale beer license for Westerneer. Councilman Luettinger submitted a petition with 103 signatures of neighbors who are opposed to the application. (C-9401) Roy Lotsberg, 6925 11th Avenue, and Mrs, Kay Dahlgren, 6917 Chicago Avenue, spoke in opposition to this application. Motion by Anderson, seconded by Jacobsen, that the city attorney be instructed to draw up a resolution of denial on this on-sale beer application for Westerneer, and that it be brought back to the council at their June 26, 1972 council meeting. A11 ayes - Carriedo Motion b~ Jacobsen, seconded by Luettinger, that the following residential kennel licenses be deferred to the council meeting of June 26, 1972° New: Dorothy Masoner, 6326 Clinton Ave. Dog Kennel Renewal Miss Catherine Bros, 6338 Clinton Ave. Cat Kennel Renewal H. L. Neh1s, 6844 Clinton Ave. Cat Kennel Renewal .Richard B, Burtis, 7325 Fremont Avenue Cat Kennel A11 ayes - Carried. Mot ion by Jacobsen, seconded by Luettinger, that the following fee waived and regular licenses be approved; - 7 - Fee Waived: New Richfield Summer Festival for Richfield Chamber of Commerce - Augsburg Park, June 26, 1972 New Park and Recreation Teen Center, 6700 Portland New Richfield Invitational Softball Tournament (J~.mes B. Be11,~7515 Vincent Ave. - Applicant) Renewal Assumption Church, 305 East 77th Street Regular. New,, Woodlake Veterinary Hospital, 600 West 66th St, Renewal Weight Watchers, 6608 Lyndale Avenue New Cedar Ave. She11 Station, 6600 Cedar Ave. New Hair Odyssey, 6340 Lyndale Ave. New Gold Eagle Corp., 1537 E. 66th St. New Champion Auto, 7600 Lyndale Ave. So. New Big Hut Submarine Shop, 7627 Lyndale Ave. Renewal Colony in Richfield, 1740 West 76th St. Renewal Cutler Animal Hospital Renewal Airport Pet Hospital, 6301 Cedar Ave. New Grendahl Mechanical, Inc., Savage, Minn. 55378 Renewal Gold Medal Beverage Co,, 553 Fairview Ave., St. Paul Renewal Lawrence Signs, Inc., 945 Pierce Butler Rte. Renewal Nordquist Sign Co., 312 W. Lake St., Mp1s. 55408 All ayes - Carried. June i2, 1972 Itinerant Food, Soft Drink Soft Drink, Food Itinerant Soft Drink, Food Itinerant Food Kennel Soft Drink Soft Drink Soft Drink Soft Drink Soft Drink Food,. Soft Drink Soft Drink Kennel Kennel Heating/Ventilating Sign Nrector Sign Erector Sign Erector Motion by Jacobsen, seconded by Luettinger, that the following ta~cicab driver's licenses be approved: Taxicab Drivers: Renewal, Dennis G. Harvey, 6632 Columbus Ave. Taxicab Driver New Juis Alberto Lima, 5832 Chastek Way, Mtk. Taxicab Driver New Mo Mellen, 8441 Morris Circle, Bloomington Taxicab Driver New Michael Harwood, 6700 - 18th Ave. Taxicab Driver New Mark Dombrowski, 6216 Bloomington Ave. Taxicab Driver Neer Thomas E. Whelan, 7401 Stevens Ave. Taxicab Driver Renewal Clifford Peterson, 2901 - 27th Ave. So. Taxicab Driver New John Isaacs, 2611 Euclid Place Taxicab Driver New William Ross, 6221 Thomas Ave. So. Taxicab Driver New marry Getty, 5545 2nd Ave. Taxicab~ Driver New Wayne Wagner, 901 E. 77th St. Taxicab: Driver A11 ayes - Carried. Motion by Anderson, seconded by Law, that the "Temporary Sign" application for Union Oil Company, 7301 Penn Avenue So., be approved for 30 days. All ayes - Carried. - 8 - June 12, 1972 11. Planning Commission Recommendations on Proposed 1972-77 Capital Improvement Pro ram. Motion by Luettinger, seconded by Jacobsen, that the Planning Commission report be accepted with thanks regarding the 1972-77 Capital Improvement Program, A11 ayes - Carried, Motion by Luettinger, seconded by Kenealey, that the council set the date of hearing on the Capital Improvement Program for the August 28, 1972 council meeting. All ayes - Carried. 12. New Ford Town Park and Ponding Area Rehabilitation Project. Motion by Law that the administration furnish a report on request for a pedestrian bridge over Highway ~k36 to Taft Park. Motion lost for lack of a second. Marvin Iverson, 6501 19th Avenue So., appeared in interest. Motion by Jacobsen, seconded by Anderson, that the council approve the proposed basic project in the amount of $43,560. Po11 of votes Ayes e Anderson and Jacobsen. Nayes - Kenealey, Luettinger and Law. Motion lost. No further action taken. Staff agreed to meet with residents and re~ submit this matter at a future council meeting, 13. Approval of Purchase in Excess of $19000. (Sidewalk construction) Motion by Jacobsen, seconded by Anderson, that the council approve the low bid of Sig Tenold, Inc., in the amount of $4,062.85, for the construction of sidewalk on the south side of 70th Street, Lyndale to Harriet Avenue - C.P. No. 644. A11 ayes - Carried. 14. Minutes and Tabulation of Bids for Carpeting Installation at Lyndale Avenue Liquor Store. Motion by Anderson, seconded by Jacobsen, that the minutes and tabulation of the bid opening on May 25, 1972, at 11030 a.m., on carpeting for the Lyndale Avenue Liquor Store, be approved as presented. A11 ayes - Carried. Motion by Anderson, seconded by .Jacobsen, that the low bid of Business - g o June 12, 1972 Furniture, Inc., in the amount of $5,395.50, for the installation of the carpeting and a charge of $25.00 per hour, but not to exceed $618.75, for two men to remove the existing carpeting, be accepted as recommended by the city manager in his council letter No. 135 of June 12, 1972. A11 ayes - Carried. 15. Preliminary Engineering Report on Avenue from 65th to 66th Street. S onstruction for Pillsbury 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. 4776 RESOLUTION ORDERING PREPARATION OF REPORT ON PERMANENT STREET SURFACING ON PILLSBURY AVENUE FROM 65TH TO 66TH STREET City.Project No. 649 Poll of votes: Ayes - Anderson, Jacobsen, Kenealey, Luettinger and Law. Nayes - None. Carried, 'Phis resolution appears as Resolution No. 4776 in Resolution Book ~~~1. Motion by Anderson, seconded by Jacobsen, that the following resolution be adopted; that it be spread in the resolution hook and that it be made a part of these minutes: RESOLU~`lON No, 4777 RESOLUTION RECEIVING REPORT AND CALLING HEARING ON JUNE 26, 1972 ON PERMANENT STREET SURFACING ON PILLSBURY AVENUE FROM 65TH STREET TO 66TH STREET. City Project No, 649 (Clerk°s File No. C-9398) 1 Po11 of votes: Ayes - Anderson, Jacobsen, Kenealey, Luettinger and Law. Nayes - None. Carried. This resolution appears as Resolution No. 4777 in Resolution Book ~~31. ~i - 10 0 16.~ Resolution Street Cons June 12, 1972 for ~Perananent 1973. 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 Orderin tion and >n of Prelimin Street SOLUTION No. 4778 RESOLUTION ORDERING PREPARATION OF REPORT ON PERMANENT STREET SURFACING AND ORNAMENTAL STREET LIGHTS AND APPURTENANCES THERETO City Project No. 650 Poll of votes; Ayes - Anderson, Jacobsen, Kenealey, Luettinger and Lana. Naves - None, Carried. This resolution appears as Resolution No. 4778 in Resolution Book No, 31. 17. Agreement with the State of Minnesota Signals at Interchanges of Interstate High Maintenance and Installation of Traffic 494 and 12th Avenue and Portland Ave. Motion by Jacobsen, seconded by Anderson, that the council approve the agreement with the State of Minnesota for Maintenance and Operation of Traffic Signals at the 1494 Interchange at 12th Avenue and at Portland Avenue, and that the Mayor and City Manager be authorized to execute the agreement on behalf of the city. All ayes - Carried. Motion by Jacobsen, seconded by Anderson, that the following resolution be adoptedg that it be spread iti the resolution book and that it be made a part of these minutes: RESOLUTION No. 4781 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT.Tr11TH THE STATE OF MIl~T'NESOTA FOR MAINTENANCE OF TRAFFIC SIGNALS AT THE -.INTER- CHANGES OF INTERSTATE HIGHWAY 494 and 12Th AVEo AND PORTLAND AVE. 1 Po11 of votese Ayes - Anderson, Jacobsen, Kenealey, Luettinger and Law. Naves None. Carried. This resolution appears as Resolution No. 4781 in Resolution Book No. 31. 18. Request to Barricade Street for Block Picnic. Mrs.. Corrinne Briggs, 7240 Dupont Avenue, contacted the manager°s office for Projects Propos the purpose of requesting that Oak Grove Blvd., between Bryant and Dupont Avenue be - 11 - June 12, 1972 barricaded for a block picnic on Saturday, July 8, 1972, from 6:00 p.m. to 12:00 p.m. Motion by Luettinger, seconded by Jacobsen, that the council approve the barricade of Oak Grove Blvd., between Bryant and Dupont Avenue, from 6:00 to 12:00 p.m., on July 8, 1972, as requested by Mrs, Briggs, A11 ayes - Carried. 19. Approval of Plans and Specifications for Ornamental Street Lighting. 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 minutes: RESOLUTION No, 4779 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS ON JULY 7, 1972 FOR ORNAMENTAL STREET LIGHTING AND APPURTENANCES THERETO City Project No. 642 (Formerly C.P. No. 648) Clerk's File No. 09399 Po11 of votes: Ayes - Jacobsen, I~enealey, Luettinger and Law. Nayes - Anderson. Carried. This resolution appears as Resolution No. 4779 in Resolution Book ~~31. 20. Joint Powers Resolution for South Hennepin Human Services Planning Board. .Motion by Anderson, seconded by Jacobsen, that the Joint and Cooperative Agree- meet with South Hennepin Human Services Planning Board be approved by the council, and that the Mayor and Manager be authorized to execute said agreement on behalf of the city, A11 ayes -Carried. 21. Estimates: Motion by Luettinger, seconded by Jacobsen, that the following estimate be approved: To: Northern Contracting Company, 1972 Storm Sewer Construction Estimate~No. 1, Contract No. 2111° 17% complete. Amount payable - $82,698.29° A11 ayes - Carried. - 12 - June l2, 1972 22. C1a3.ms and Payrolls: Motion by Luettinger, seconded by Anderson, that the following claims and pay- rolls be allowed: RICHFIELD BANK & TRUST COMPANY Checks 7790/8170 $274,835.18 SUMMIT STATE BANK Checks 28727131821 General $ 52,146.04 32222/32470 Payroll 90,029.82 A11 ayes - Carried. ITEMS NOT ON AGENDA 23. Letter of Condolence to the Mayor of Rapid City, S.D. Motion by Luettinger, seconded by Jacobsen that a letter of condolence be pre- 1 pared and sent to Rapid City, S.D. A11 ayes - Carried. 24. Proclamation. The following proclamation was read by Mayor Law: CITY OF RICHFIELD, MINNESOTA PROCLAMATION WHEREAS, The City of Richfield in the past has been named an A11 American City, and WHEREAS, The City of Richfield feels an A11 American City is created by good citizens, and WHEREAS, The City of Richfield is composed of both commercial and residential citizens of outstanding Americanism, and WHEREAS, The City of Richfield would like to pay tribute to an outstanding citizen; NOW, THEREFORE, I, Loren L. Law, Mayor of the City of Richfield, do hereby proclaim the week of June 25th through July 1st GOOD CITIZEN WEEK and do name Robert B. Gunderson Outstanding Citizen for the 18 years he has devoted to the Richfield School System through activities that he has engaged in. TN WITNESS WHEREOF, I herewith fix my hand and the Seal of this City this 12th day of June, 1972. (Seal) /s/ LOREN L. LAW Loren L. Law Mayor CITY OF RICHFIELD Motion by Anderson, seconded by Luettinger, that this proclamation be accepted - 13 - June 12, 1972 and that it be wade a part of these minutes. All ayes - Carried. 25. Licenses (Continued) Not on Agenda. Nation by Luettinger, seconded by Jacobsen, that the following licenses be approved: New Lanny°s Enterprises, Southdale Square - Sidewalk Sale Itinerant Food, (June 13 - 15, 1972) Soft Drink A1I ayes - Carried. Motion by Law, seconded by Jacobsen, that the following Fee Waived license be approved: New Church of the Resurrection, 5413 e 11th Ave. Food, Soft Drink (Picnic at Augsburg Park, June 25, 1972) A11 ayes - Carried. Motion by Law, seconded by Jacobsen, that the following Fee Waived license be denied: New Church of the Resurrection,. 5413 - 1lth Avenue (Picnic at Augsburg Park, June 25, 1972) On-Sale Beer All ayes -Carried, 26. Ad3ournment. Motion by Anderson, seconded by Jacobsen, that the meeting be ad3ourned. A11 ayes - Carried. Date Approved: ~r 7."homas J% ~~~ ~~, , ;ity Clerk Manager