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11-13-1972CITY OP RICHFLELD REGULAR MEETING November 13, 1972 'I'he Council of the City of Richfield met in regular session in the Council Chambers of the City Hall, 6700 Portland Avenue, November 13, 1972, at 7:00 p.m. Rev. Alf Romstad, Woodlake Lutheran Church, gave the invocation. Present: Councilmen Anderson, Jacobsen, Kenealey and Luettinger, and Mayor Law. Absent: None. 1. M3.nutes. Motion by Anderson, seconded by Jacobsen, that the minutes of the October 25, 1972 regular meeting be approved as presented, with the following correction added to the bottom of page No. 1: Councilman Kenealey requested that the minutes of October 25th show his reasons for voting "no" on Ttem No, 1, which included the following explanations: 1. His absence at the Oct. 9-10 budget hearing because he was out of town on business. motion b motion 2. He wanted the budget adopted/ 3. He wanted $22,500 deleted on central business district study. All ayes - Carried. The council also stated that in the future those persons who appeared and spoke ' in interest regarding an agenda item were to be listed as either favoring orsopposing that item, whenever possible. 2. Request to Rezone 6324®6342 Aldrich Ave. from Residential to Multiple Residential by Shelter Development Corporation. It being 7:00 p.m. Mayor Law called for the hearing on rezoning property at 6324a6342 Aldrich Ave, from Residential to Multiple Residential by Shelter Develop- went C®rporation, applicant, Eleanor McKusic, member of Young at Heart Senior Citizen's Club, spoke in favor of rezoning for this type of development but not necessarily for any particular developer. - 2 - 1Vovember 13, 1972 Roland E. Dobbins, 800 W. 65th St., representing the Richfield Chapter of the American Association of Retired Persons, spoke in favor of this type of development and related the pros and cons of this facility. Doris Dixon, 6308 Aldrich, spoke in opposition to the rezoning. Bob Moeller, 9U0 Mildred Drive, read a letter from Earl Stiles, a Senior Citizen, which letter was against this development. Don Houlding, 7145 13th Avenue, spoke against the rezoning. Mrs. Clarence Richardson, 2501 W. 65th Street, spoke in favor of the rezoning. Mayor Law read a letter from Robert J. Lien, 7011 - 15th Avenue, also present, against the proposed project and offered a suggested alternative. He also read a letter from .Martin Quanbeck, 6855 Oakland Avenue, who was in favor of this project. Rev. Paul G. Slattery, 7601 Penn Ave., Church of St. Richfield, said that he was personally in favor of this rezoning. Motion by Kenealey, seconded by Jacobsen, to table action on the application until the applicant, Shelter Development, can provide assurance to the city that the Richfield Lake shoreline land adjacent to the project site and any lake bottom- land which could be claimed by the owner of such shoreline land will be preserved as by deed public open space and wi11 be transferred to the city/for that and other public purposes. A11 ayes - Carried. 3e Hearing to rezone 6500-6508 23rd Avenue, from Residential to Multiple Residential requested by Wal Don Builders. Don Balmer, Secretary=Treasurer of Wa1~Don Builders, applicant, requested approval of the rezoning of three parcels of land located at 6500-6508 23rd Avenue from "R" Residential to 9B~9t Multiple Residential. Harvey Danielson, 6509 Longfellow Avenue, spoke in favor of this rezoning. Motion by Anderson, seconded by Luettinger, that this hearing be closed. A11 ayes - Carried, -3- November 13, 1972 Motion by Anderson, seconded by Luettinger, that the council approve this. rezoning. All ayes - Carried. Bi11 No. 1972-18, "Amendment to Appendix C, Section 4 of the Ordinance Code of the City of Richfield, Minnesota", was read, the same being ou file .in the office of the City Glerk. Motion by Anderson, seconded by Luettinger, that this constitute a first reading of Bi11 No. 1972-18, and that it be published in the official newspaper. Poll of votes: Ayes - Anderson, Jacobsen, Kenealey, Luettinger and Law. Nayes.-.None. Carried. 4. Final Plat Approval - Bourbon and Basin Restaurant, 1400 West 77th Street.. Motion by Jacobsen, seconded by Anderson, that final plat approval fo;.Bourbon and Basin Restaurant, 1400 West 77th Street, requested by Restaurants No Limit, be deferred to the council meeting of November 27, 1972. All ayes - Carried. 5. Special Use Permit for Garage to be constructed at 14th Ave.. and ~~st 66th St. Theodore Samsel, 1311 E. 66th Street, applicant, requested approval of a special use permit for a garage which would be used for the repair of antique automobiles. Motion by Jacobsen, seconded by Luettinger, to close the hearing. X11 ayes - Carried. Motion by Luettinger, seconded by Kenealey, to grant this special use permit with stipulations contained.in Manager's Council Letter No. 274, as follows:. 1. Project not to exceed the average side yard setback line established along the west side of 14th Avenue which the commission finds to be 20 feet. 2. Amended off-street parking contract be approved by the .city. council.. 3. 'The property upon which this proposal is to be constructe$ be combined with existing property to which the new structure will be attached. 4. Landscape and lighting plans to be approved by the planning director. 5, Removal of one of the curb cuts on East 66th Street be approved by ,the county engineer. 4 ~. - November 13, 1972 6. Building plans be approved by chief inspector and fire marshall. 7. Sidewalks to be placed on the west side of this project along 14th Avenue. All ayes - Carried. 6. Off-Street Parking Contract for Property at 1309-1325 East 66th Street. 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 past of thecae minutes: RESOLUTION No. 4875 RESOLUTION APPROV]NG LAYOUT AND CONTRACT FOR OFF-STREET PARKING IN ACCORDANCE WITH APPLICATION No. 72 -12, CONTRACT No. 2124. Ted,Samsel, 1311 E. 66th Street Location: 1309-1325 East 66th Street Use; Garage to repair antique automobiles (C-9440) Po7:l of votes: Ayes - Anderson, Jacobsen, Kenealey, Luettinger and Law. Nayes - None. Carried. This resolution appears as Resolution No. 4875 in Resolution Book No. 32. 7. Special Use Permit, Robert Adelman, 7601 Lyndale Avenue. Robert Adelman, 1420 E. County Road ~~42, Burnsville, applicant,. requested approval of a special use permit for a garage to be located at 7601 Lyndale Avenue. Ray Blom, a Broker, 7737 Harriet Avenue, presented a letter from neighboring property owners in favor of this project. Motion by Anderson, seconded by Luettinger, that the hearing be closed. A11 ayes - Carried. Motion by Jacobsen, seconded by Luettinger, that the special use permit be granted with stipulations contained in the manager's council letter No. 290, dated Nov. 13, 1972, with an additional stipulation that the activities be restricted to the glass operation and that if they wanted to use the garage for any other purpose-they would have to come b~.ck to the council for further approval. All ayes ~- Carried. Mrs, Jerome Ulrich, 7601 Aldrich Avenue, spoke about her concerns for this - 5 - November 13, 1972 neighborhood. 8. Ordinance-Amendment - Relating to Possession of Firearms. Bi11 No. 1972-16, "Amendment to Chapter X Part III, section 10.19 of the. prdinance Code of the City of Richfield, Minnesota", was read, the same being on file in the office of the City Clerk. (C-9435). Motion by Luettinger, seconded by Jacobsen, that the hearing on this proposed amendment be closed and that this constitute a second reading.of Bi11 No, 1972-16; that it be spread in the ordinance book; that it be published in the official news- paper and that it be made a part of these minutes: Po11 of votes: Ayea - Anderson, Jacobsen, Kenealey, Luettinger and Law. Nayes - None. Carried. 9. Transitory Ordinance for .Park Acquisition and Betterment Puxposes. Motion by Anderson, seconded by Jacobsen, that the second reading of Bill No. 1972-17, Transitory Ordinance No. 16.15, be deferred to the council meeting of November 27th, because sufficient time had not been given on publication of notice. All ayes -Carried. John Meleski, 2920 West 71st Street, Planning Commission member, inquired as to when the council intended to discuss the Park Board Advisory Commission and it was in- dicated that it would be on the agenda for November 27, 1972. 10. Request fox Amendment and Release of Off-Street Parking Bond - 7726 Colfax Ave. Robert Adelman, 1420 E, County Road ~~42, Burnsville, applicant, appeared and requested a release of his off-street parking bond and an amendment to his off-street parking contract for his property at 7726 Colfax Avenue. Motion by Jacobsen, seconded by Kenealey, that the release of this off-street `parking bond and the amendment to his off-street parking contract be referred back to the administration for a revised plan. All ayes - Carried. ® 6 = November 13, 1972 7.1. Ordinance Amendment Providing for the Issuance of On-Sale Sunday L~,quor Licenses. 1 Bill No. 1972-19, "Amendment to Chapter XI of the Ordinance Code:of the City of Richfield, Minnesota", was read, the same being on file in the office of the Q~tty Clerk. (C-9441). Motion by Jacobsen, seconded by Kenealey, that the hearing on this proposed amendment be closed and that this constitute a first reading of Bill No. 1972-19; and that it be published in the official newspaper. Poll of votes: Ayes - Anderson, Jacobsen, Kenealey, Luettinger and Law. Nayes - None. Carried. 12. Request for Approval of in Excess of Ha11 Motion by Jacobsen, seconded by Luettinger, that the council approve bid for maintenance repairs to the city hall in the amount of $3,945. Po11 of votes: Ayes - Anderson, Jacobsen, Luettinger and Law. Nayes - Kenealey. Absent - None. Carried. 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 minutes: RESOLUTION No. 4876 RESOLUTION AUTHORIZING TRANSFER OF APPROPRIATIONS FROM THE 1972 CONTINGENCY ACCOUNT TO THE PUBLIC WORKS DEPARTMENT Poll of votes; Ayes - Anderson, Jacobsen, Luettinger and Law, Nayes ~ Kenealey. Absent - None. Carried. This Resolution appears as Reso. ~~4876 in Resolution Book ~k32. 13. Resolution Denying National Food Stores Variance Request. Motion by Jacobsen, seconded by Anderson, that the following resolution be f~ adopted; that it be spread in the resolution book and that it be made a part of these minutest RESOLUTION No. 4877 RESOLUTION RELATING TO REQUEST FOR SETBACK VARIANCE AT HUB SHOPPING CENTk~R - 7 November 13, 1972 Poll of votes: Ayes - Anderson, Jacobsen, Kenealey, Luettinger and Law. Nayes - None. Absent - None. Carried. 'T'his resolution appears as Resolution No. 4877 in Resolution Book No. 32. 14. Release of Bond on Off-Street Parking, Dr. Thomas W. Wanous, 600 W. 66th St. Motion by Jacobsen, seconded by Anderson, 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. 4878 RESOLUTION RELATING TO RELEASE OF BOND ON OFF-STREET PARKING Dr. Thomas W. Wanous, 600 West 66th Street Use: Veterinary Clinic and Hospital Po11 of votes: Ayes - Anderson, Jacobsen, Kenealey, Luettinger and Law. Nayes - None. Absent - None. Carried. This resolution appears as Reso. ~~4878 in Resolution Book ~~32. 15. Pro osed Parking Restrictions on the East-West Portion of Rae Drive. Motion by Jacobsen, seconded by Kenealey, that the administration study the parking needs of postal employees and report back at next meeting. A11 ayes - Carried. Kenneth Kunz, 2920 W. 78th Street, asked questions regarding these proposed parking restrictions. 16. Discussion of City Council ~~iaison with Charter Commission. Motion by Kenealey that he be appointed as a liaison member from the council to the Charter Commission. Motion lost for lack of a second. The following persons appeared and spoke in interest: Bob Lien, 7011 - 15th Avenue, spoke in favor of a liaison council member to the Charter Commission, and Sandra Carter, 7008 Oakland Ave., and Gordon McKinnon, 7308 Upton Avenue,' reported that they heard him appointed at the first meeting. Camillo DeSantis, 6508 Newton Avenue, spoke in opposition to a liaison member to the Charter Commission from the council. Councilman Kenealey tendered his resignation as liaison to all Commissions to which he has been appointed. - 8 - November 13, 7,972 The administration was requested to check the liaison to Charter Commissions in other cities and report back to the council. 17. Discussion of Revenue Sharing (Deferred from October 25, 1972). Motion by Law, seconded by Luettinger, that the City use the federal revenue sharing monies to reduce property taxes, and 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. 4874 RESOLUTION AUTHORIZING REVISION OF 1973 BUDGET AND RE- CERTIFYING THE LEVYIlVG OF TAXES Po11 of votes: Ayes - Anderson, Jacobsen, Kenealey, Luettinger and Law. Nays - None. Carried. This resolution apgears as Resolution No. 4874 in Resolution Book No. 32. The following. persons spoke in favor of property tax relief: Earl Ma.ffett, 6745 Harriet Avenue Carl McBride, 7236 Oak Grove Blvd. Sandra Carter, 7008 Oakland Avenue Don Houlding, 7145 - 13th Ave. Camillo DeSantis, 6508 Newton Avenue, spoke in favor of using the money for better programs and services. Mayor Law read a letter from Representative James Swanson encouraging the spending of revenue sharing monies for property tax relief. 18. Discussion of the Establishment of a Periodic and Routine Housing Code Enforce- ment Program for Apartment Units. A housing code enforcement program for apartment units within the pity was discussed. Ken Kunz, 2920 W. 78th Street, opposed any restrictions placed. on owners. Mrs. Gertrude Ulrich, 7601 Aldrich Ave., and Don Houlding, 7145 - 13th Avenue, also appeared and offered some general comments. Motion by Jacobsen, seconded by Luettinger, that the administration make a study of this subject and report back to the council. Poll of votes: Ayes - Anderson, Jacobsen, Luettinger and Law. Nayes - Keneal~y. Absent - None. Carried. - 9 - November 13, 1972 19. Discussion of Dates for Meetings with Planning Commission. 1 It was decided that the city council would meet on Monday evening, November 20th, with the planning commission to give additional consideration to the recommended comprehensive plan. 20. Discussion of Pedestrian Bridge Over Highway ~k36. The council discussed the possible need for a pedestrian bridge over Highway 36 to connect the neighborhood east of Highway 36 with Taft Park. Motion by Kenealey, seconded by Luettinger, that proceedings of Highway 36 construction be investigated, particularly as it concerned. its history, number of homes in the district, the number of children, and the various age groups that would most likely be using this pedestrian bridge. A11 ayes - Carried. Councilman Kenealey requested that the administration check with the State of 1 Minnesota as to their classification for the City of Richfield. It was his feeling that they placed the city in a classification that would deny them the bridge and that this classification was possibly in error. Marvin Iverson, 6501 - 19th Avenue, appeared and offered some general comments. 21. Approval of Proposed Express Bus Routes in Conjunction with Highway 35W Urban Corridor Demonstration Project. Motion by Kenealey, seconded by Luettinger, that this matter be deferred to the council meeting of November 27, 1972. A11 ayes - Carried. 22. Proposed Parking Prohibitions on Both Sides of Pleasant Avenue, West side of Tracks. 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. 4879 1 RESOLUTION RELA.TTNG TO TRAFFIC CONTROL SIGNS "NO PARKING 8:00 A.M. to 4:30 P. M. SCHOOL DAYS" ON BOTH SIDES OF PLEASANT AVENUE, WEST SIDE OF TRACKS FROM 66TH TO 69TH St. Po11 of votes: Ayes - Anderson, Jacobsen, Kenealey, Luettinger and Law. Nayes - None. Absent - None. Carried. This resolution appears as Resolution No. 4879 in Resolution Book ~~32. - 10 - November 13, 1972 23. Discussion of Youth Commission Letter (Deferred from October 25, 1972).- : Motion by Kenealey, seconded by Luettinger, that the, council requests the Youth Commission°to make a survey as to how many youth centers are being operated by other organizations in the city, particularly as it concerns teenage facili, ties and programs for recreational-and social activities, and-that their report be' submitted as soon as possible. All ayes - Carried. 24. Appointment of CATt- Citizens Committee. Motion by Anderson, seconded by Jacobsen, that this item be deferred, to the.: November 27th meeting. All ayes - Carried. 25. Appointment to Advisory Youth Commission. Motion by Anderson, seconded by Jacobsen, that this item be deferred to .the November 27th meeting. A11 ayes - Carried. 26. Approval of City. Manager°s Appointment for Public Safety Director. Motion by Jacobsen, seconded by Luettinger, that-the city manager's appointment of James Taylor of Wyoming, Michigan, as Public Safety Director for the City of Richfield, be approved.. All ayes - Carried. 27.. Canvass of Election. Motion by Jacobsen, seconded by Kenealey, 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 AETERMINTNG RICHFIELD, Poll of votes: Ayes - Anderson, None. Absent - None. Carried, Resolution Book No. 32. RESOLUTION No. 4873 RESULTS OF GENERAL ELECTION OF THE CITY OF .HELD TUESDAY, NOVEMBER 7, 1972 Jacobsen, Kenealey, Luettinger and-Law. Nayes - This resolution appears as Resolution No. 4873 in ® 11 November 13, 1972 28. Apt~roval of New Mileage Reimbursement Schedule. Motion by Kenealey, seconded by Jacobsen, that this item be deferred to the council meeting of November 27, 1972. A11 ayes - Carried, 29. Payments & Estimates, Motion by Anderson, seconded by Jacobsen, that the following payments and estimates be approved; a. To; Electric Repair and Construction a ornamental street lights. City Project No. 642, Contract No. 2117, 8% complete. Amount payable o $5,670.00. b. To; Northern Contracting Company - storm sewer construction. City Project No. 647A4647F, and 635, 100% complete. Amount payable - $68,027.72. c. To; Northern Contracting Company '= storm sewer construction. City Project No. 629, 630, 631, 632, 633, 634, 637, 639, 645,. 647G and 647H, 99% complete. Amount payable ~ $63,790.69. d. To; Thomas Air Conditioning, - city hall completion. City Project No. 624, Contract No. 2080, 100% complete. Amount payable o $2,004. A11 ayes .. Carried. 30. Licenses; Motion by Anderson, seconded by Jacobsen, that the following licenses be approved; li©® T.T~$zrmcl. New St. Richard°s Parish, 7601 Penn Ave, (Nov. 2Uth) Turkey Bingo New St. Richard°s Parish, 7601 Penn Ave. Soft Drink, Cig. A11 ayes -~ Carried. Motion by Jacobsen, seconded by Kenealey, that the following licenses be approved; Regular New Benson Candy & Tobacco, 6509 0 18th Ave. Food Vehicle (Wrapped candy) Renewal Ryan Air Conditioning, 9240 Grand Ave. ~ieating/Ventilating Renewal Northern Pine Tree Farm, Princeton, Minn. Christmas Trees Location; 7209 Newton Ave, So, New Conoco In &-But, 6545 Nicollet Ave. Vending Machine (CandyaChips, etc.) Soft Drink, Ice, Mach, (Continued) - 12 - November 13, 1972 Regular ~l.icenses (continued) New Sibley Co., 36 W. 66th Street Cit., 1 Vend. Mach. New Pahateka Hairdressers Inc., 1922 W. 78th St. Soft Drin.~c New Poolside Superette, 609 E. 66th St. Ice Machine All ayes - Carried. Motion by Jacobsen, seconded by Kenealey, that the following licenses be approved: Taxicab Drivers: New Jack Blesener, 5006 E. 54th St., Mpls, Taxicab Driver New George Kissinger, 5428 Irving Ave, Taxicab Driver New Peter W. Maul, 2543 Emerson Ave. So. Taxicab Driver New Leo Watson, 3016 - 18th Ave. So. Taxicab Driver New Charles Scott Yoak, 3614 Kipling Ave., Taxicab Driver St. Louis Park New Thomas L, Pedric, 6114 Colfax Lane So, Taxicab Driver New Gary Christensen, 5345 - 13th Ave. Taxicab Driver New Sandra Keese, 2709 Blaisdell Ave, Taxicab Driver New John G, Leroux, 2700 Selkirk Dr., Burnsville Taxicab Driven New-- Kenneth-W, Koppi, 6629 Clinton Ave. So. Taxicab Driver Ne~i~ --- Roger Dee DuBois, 8333 Portland Ave. Taxicab Driver New Steven Lee Vaurio, 2012 25th Ave, So. Taxicab Driver New Arthur Carter, 2325 01d Shakopee Rd. E. Taxicab Driver New Kathleen Joy Fortman, 6028 Logan Ave. So. Taxicab Driver New Stephen Martineau, 9333 Blaisdell Ave. Taxicab Driver New Thorwald Nickelson, 838 3rd Ave., Excelsior Taxicab- Driver New Charles Knutsen, 8006 W. 76th St. Taxicab .Driver New Richard Ewing, 1045 Mary Street$ Taxicab Driver New Robert Friegang, 6733 Cedar Ave, So. Taxicab Driver A11 ayes - Carried, 31. Claims and Payrolls: Motion by Jacobsen, seconded by Kenealey, that the following Claims and Payrolls be allowed: RTCHFTELD BANK & TRUST COMPANY Checks SUMMIT STATE BANK Checks A11 ayes - Carried, 8401/9016 34009/36882 General 36420/36655 Payroll $617,712.20 $481,967.24 84,373.62 ® 13 NOT ON AGENUAt 32. 1972 Salary Adjustment. November 13, 1972 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 4880 RESOLUTION RET,ATING TO THE 1972 SALARY COMPENSATION PT1AN (Fire Chief and Assistant Fire Chief) Po11 of votese Ayes a Anderson, Jacobsen, Kenealey, Luettinger and Law. Nayes None, Absent None. Carried,. This resolution appears as Resolution No. 4.88U in Resolution B®ok No. 32. 33. Adjournment. Motion by Kenealey, seconded by Luettinger, that the meeting be adjourned. A11 ayes ~ Carried, Uate Approvede November 27, 1972 Mayor 'T`homas J, an City Clerk . d. ~~ Manager ~]