02-26-1973• CITY 0~ RICHFIELD
REGULAR MEETING
February 26, 1973
The Council of the City of Richfield met in regular session in the Council
Chambers of the City Hall, February 26, 1973, at 7:00 p.m.
Rev. Aaron Markuson, Bethairy Covenant Church, gave the invocation.
Present: Anderson, Jacobsen, Luettinger and Law.
Absent: Kenealey.
Mayor Law called the meeting to order.
1. Minutes. ~ ~ -_
Motion by Luettinger, seconded by Anderson, that the minutes of the February
12, 1973 minutes be approved as presented.
All ayes - Carried.
Councilman Kenealey arrived at 7:05 p.m., and requested that the name of Donald
McGinnis be corrected to Donald McInnis on page 3, item 7, of the regular minutes
of February 12, 1973.
2. Ordinance Amendment to Rezone 2.61 Acres of L
Avenue from "C-2" General Commercial to "MR" Mult
at 78th Street and Ch
Residential.
Don McInnis, Director of Housing and Development for the Knutson Development
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Comp~rny, 17 Washington Avenue No., discussed the request from Councilman Kenealey -
on providing air conditioping for each unit at no increase in rent to the tenants
of the 162 unit apartment building to be constructed on 2.61 acres of 1ar~d at
78th Street and Chicago Avenue.
Howard Weber, 7315 Columbus Avenue, Chairman of Committee on Property Use for
amenities __
house of Prayer Lutheran Church, spoke regarding the existing e~-i~.~es for this F
property. The possibility of air-conditioning was again brought up, and Mr. McInnis
stated that it was doubtful that afroconditioning wo~ild be included but that there
was a possibility that "sleeves" could probably be included in the building and
that residents could buy and install their own air conditioners, but that attention
Would be focused mainly on the "interior street" concept of the building.
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February 26, 1973
Mrs. Lois DeSantis, 6508 Newton Avenue, representing the League of Women
Voters, spoke in favor of the rezoning.
Don Houlding, 7145 - 13th Avenue, opposed the rezoning.
Motion by Anderson, seconded by Jacobsen, that the hearing on this rezoning
be closed.
A11 ayes - Carried.
Motion by Jacobsen, seconded by Luettinger, that the following resolution be
adopted; that it. be spread in the ordinance book and that it be made a part of these
minutes:
RESOLUTION No. 4914
RESOLUTION RELATING TO REZONING APPLICATION OF
KNiJTSON DEVELOPMENT COMPANY
Poll of votes: Ayes - Anderson, Jacobsen, Kenealey, Luettinger and Law. Nayes -
None. Carried. 't'his resolution appears as Resolution No. 4914 in Resolution Book
No. 32. (Councilman Kenealey requested the following statement included in these
minutes).
"STA.TEMENT BY COUNCILMAN KENEALEY AT THE RICHFIELD
CITY COUNCIZ MEETING OF FEBRUARY 26, 1973 REGARDING
AGENDA ITEM N0.' 1
APPLICATION BY KNUTSON COMPANY AND HOUSE OF PRAYER LUTHERAN CHURCH FOR REZONING
T would like this Statement incorporated into the Minutes of the Council
Meeting, in total, so as to distinguish the reasons why T voted for this Knutson-
House of Prayer rezoning and yet previously opposed the Shelter rezoning request.
First of a11, this rezoning is in an area (78th Street and Chicago Avenue)
where it does not hurt single family residences. There are presently Apartment
Bu3.ldings on each side of the property to the East and West--Interstate ~k494 to the
South--and the House of Prayer Church across the street from it on the North.
(Compare this with the Shelter Project, on the south end of Aldrich Avenue, which
is mixed in with single family residences).
Secondly, the residents who live in this area are in favor of this rezoning
and the project. The residents were personally contacted by applicants, House of
Prayer Lutheran Church or the Knutson Company, two blocks to the East and twro
blocks to the West (between 76th and 77th Streets on Chicago, E11iot, Columbus and
10th Avenues), and 47 out of 51 residents in the area signed the petition supporting
the proposed project.
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T~~3.rct1Y, the future variances that are going to be requested here under the
Apartment-Use Permit, are not as substantial as in the Shelter Project;
1. Variance as to Height, Our present code provides for a height of
2.1/2 stories (presently being amended to allow for 3 story buildings).
This project is proposing a 6 story building--a variance of only
3 stories (and not IO stories as in the Shelter Project)-4and, con-
sequently, the project will be more compatible with the height of
.buildings in this community,
Also, our City Fire Ladder will be able t® reach the top 6th floor
of this proposed building (but not the 13th flbbr of the: Shelter
project).:- There are even "fire railings" all along the outside of
this .proposed building so that the top of.the ladder might be hooked
on and secured to them,
2. Variance as to Density. pur present code provides -for 20 units:per
acre._ This project. provides for 61 units per acre, A 41 unit
variance... (Compa:re.the Shelter variance of 67 units--26 units greater),
3. Variance as. to:Off-Street Parking. Our present code provides for
1 1/2 parking spaces per unit, or a total of 243 parking spaces ;for a
. 152. unit building. This project provides 48 parking spaces. A..
variance of 19S parking spaces. (Compare-the Shelter varianee of
217 parking spaces (44 parking spaces for-174 units)--22 spaces
greater). However, and in addition, the House of Prayer Church has
stipulated that their parking lot across the street can be used for
over-flow if parking. on the site becomes a problem.
Lastly, I feel that this project has qualitq in design. I like-the idea of
the Atrium ("interior street"), which extends from the ground to the skylight roof,
and provides-an open common.spaee where the tenants can meet and socialize (recre-
ational functions, game areas, eating places, gathering areas,. and. space and-light
for growing plants).. I like the Child Day Care Center concept so that the elderly
can be with young people, if they so desire; and the .fact that the House of Prayer
Church will play a strong role in the social, recreational and educational programs
within the building, Also, the House.of Prayer Church can "police" the project and
its management for the City.
For these reasons I feel this rezoning request should be granted,
/ s / GEORGE M. KEIVEALEY
George bi. Keneale}T
Count ilman'' .
Bill No. 1973-1, "Amendment to Appendix C, Sections 3 and 4, of the Ordinance
Code of the City of Richfield, Minnesota", was read, the same being on file in the
office of the City Clerk. (Cm9450).
Motion by Luettinger, seconded by Jacobsen, that the hearing on this proposed
ordinance amendmeti't be closed' and' that this consti'tute' a second reading ~,f Bd:11 iVo..
1973-1, that it be spread in the ordinance book; that it be published in the
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f'ebruary 26, 1973
official newspaper and that it be made a part of these minutes.
Poll of votes: Ayes - Anderson, Jacobsen, Luettinger, Kenealey and Law. Nayes -
None. Absent - None. Carried.
vacation of an "L"
d A11ey servic3
Aldrich Avenue.
Residential and Commercial Pro
in the Vicinit
Mr, and Mrs. Richard Hanson, 6313 Aldrich Avenue, requested the city to vacate
an "L" shaped portion of alley servicing residential and commercial property in
the vicinity of 63rd and Aldrich Avenue.
Mrs. Michael W. Morrow, 6321 Aldrich Avenue, spoke in favor of vacating this
portion of the alley.
Mrs. M. Reese, 6305 Aldrich Avenue, spoke in favor of the vacation only if
she could have a guarantee of access to the rear of her property.
Clarence Dillman, 4600 W. 77th Street, Edina, representing the Murphy Oil
Company, indicated that his company was neither for or against this vacation and
that his company could not guarantee granting access right-of-way to any other
property in this area.
Bi11 No. 1973-3, Transitory Ordinance No. 16.16, "An Ordinance Providing for
the Vacation of a Portion of the A11ey in Block One, Ray's Lynnhurst 2nd Addition",
was read, the same being on file in the office of the City Clerk (C-9452),
Motion by Kenealey, seconded by Luettinger, that the hearing on this proposed
Ordinance amendment be closed and that this constitute a first reading of Bi11
No, 1973-3, and that it be published in the official newspaper.
Poll of votes: Ayes - Anderson, Jacobsen, Kenealey, Luettinger and Law. Nayes -
None. Carried.
4. Capital Tm'provement Hearing - 1973-78.
Motion by Jacobsen, seconded by Luettinger, that the council accept the
Capital Improvement Report, 1973-78, but that this hearing be continued to the
March 12, 1973 council meeting. 1``~,
A11 ayes - Carried, \,
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February 26, 1973
5. Presentation on Proposed Location for New Hennepin County Branch Library.
Z'he following persons appeared and. spoke in interest regarding the proposed
location for the New Hennepin County Branch Librarye
David Smith, Hopkins, from the Hennepin County Library Board,
Duane Thorbeck, representing the architectural firm of Inter-Design, Inc.
for this project, reviewed their analysis of a park site and recommended
the Augsburg Park property as a suitable site for the new proposed
library, -
Howard Svitak, 7200 0 lst Avenue, spoke in opposition,
Robert Jorgenson, 7200 Nicollet Ave., questioned parking problems,
C. Jorgenson, 7200 Nicollet Ave., questioned landscaping,
Ken Kunz, 2920 W. 78th Street, questioned skating areas,
Charles Kauth, 7321 Morgan Ave,, discussed committee's locations,
Irving Bennett, 7204 Pleasant Ave., asked questions,
Earl Maffett, 6745 Harriet Ave., questioned stipulations on deed to Augsburg
Park.
Motion by Jacobsen, seconded by Anderson, that the council approve the location
of Augsburg Park parking lot on Nicollet Avenue (across the street from the Baptist
Church) as the site for the proposed location for the new Hennepin County Branch
Library,. as recommended by the library consultant, subject to final approval which
would be through a lease or conveyance agreement with Hennepin Coun~'fand to refer
this matter to the Planning Commission to decide the following questions-a
a. Is the location of a new Hennepin County branch library and parking lot
at the proposed location at Augsburg Park in compliance with the city's
comprehensive development plan?
b. Is disposal of property by long term lease or conveyance for this
purpose in compliance with the city's comprehensive development plan?
and that the amount of participation by Hennepin County'-for the relocation of the
recreational facilities, be included in the lease or conveyance agreement.
All ayes - Carried. Absent - Kenealey.
6, Ordinance Amendment Relating to Liquor Licenses,
Bi11 No. 19732, "Amendment to the Ordinance Code of the City of Richfield,
1
Minnesota, Relating to Licenses for Intoxicati'ri~ Liquor", was read, the same being
on file in the office of the City Clerk (Cg9453).
Motion by Anderson, seconded by Jacobsen, that the hearing on this proposed
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February 26, 1973
ordinance amendment be closed and that this constitute a first reading of Bi11
No, 197 32, and: that it be published in the official newspaper,
Po11 of voteso Ayes _ Anderson, Jacobsen, Kenealey, Luettinger and Law. Nayes
None. Absent _ None, Carried.
7. Approval of Budget Purchase in Excess of $1,000.
Motion by Jacobsen, seconded by Anderson, that the council approve the purchase
of an MR~7 Traffic Radar Unit for the police department, in the amount of $2,185,
with 50% of the cost reimburseable to the City through the Minnesota Highway Traffic
Safety Programs, and that the council also approve the purchase of a Preventive
Maintenance Contract for pneumatic temperature controls, in the amount of $1,960.00.
A11 ayes v Carried.
8. Approval of Plans and Specifications and Authorization to Ca11 for Bids for
District 4 and 5 Paving Projects.
Motion by Jacobsen, seconded by Luettinger, that the following resolution be
adopted; that it be spredd.in the Resolution Boole and that it be made a part of these
minutesa
RESOLUTION No. 4915
RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING
ADVERTISEMENT FOR BIDS ON MARCH 23, 1973 FOR PERMANENT STREET
SURFACING, CONCRETE L`URB AND GUT'T'ER AND APPURTENANCES THERETO
City Project No. 650
._ Districts Nos, 4 and 5
Cierleas File No. CP9454
Po11 of voteso Ayes ~ Anderson, Jacobsen, Kenealey, Luettinger and Law. Nayes e
None. Absent -~ None. Carried, This resolution appears as Resolution No. 4915 in
Resolution Boole ~~32.
9. Minutes and Tabulation of Award of Bids for Permanent Street Improvements for
District No, 2.
Motion by Luettinger, seconded by Jacobsen, that the minutes and tabulation of
bids on Permanent Street Improvement Construction, District ~~2, C. P. No. 650, be
accepted as presented, and that the low bid of Minnesota Valley Surfacing Company,
in the amount of $933,483.80 be approved.
A11 ayes g Carried.
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February 26, 1973
Motion by Anderson, seconded by Jacobsen, that the following resolution be
adoptedg that it be spread in the resolution book and that it be made a part of
these minutes:
RESOLUTION No. 491&
RESOLUTION ACCEPTING BID AND AWARDING CONTRACT TO MINNESOTA
VALLEY SURFACING COMPANY, HIGHWAY 101, SAVAGE, MINNESOTA FOR
PERMANENT STREET SURFACING, AREA N0, 2.
City Project Noo 650
Clerk®s File No. C-9455
Poll of votes: Ayes - Anderson, Jacobsen, Kenealey, Luettinger and Law. This
resolution appears as Resolution No. 4916 in Resolution Book No,' 32.
Mr. Wayne Long and LeRoy Nyrus, consultants from Orr-S chelex~eMayeron and
Associates, appeared regarding this project,
10. Request for Legal Opinions.
Councilman Kenealey requested that an item be placed on the February 26th
agenda for the purpose of discussing certain legal notices and rezoning matters,
The city attorney read a memorandum which indicated rezoning ordinance could be
sub,~ect of referendum petition,
Gordon McKinnon, 7308 Upton Avenue, inquired as to whether the council would
give two additional weeks on filing petition for referendum on rezoning - Shelter
Development Co.
Don Houlding, 7145 - 13th Avenue, and Earl Maffett, 6745 Harriet Avenue,
appeared and asked questions,
No action taken by the council.
11. Resolution Concerning Feasibility Study for Pedestrian Bridge Over Highway ~~36.
Harvey Danielson, 6509 Longfellow Avenue, spoke in favor of bridge,
Don Houlding, 7145 m 13th Avenue9 Marvin Iverson, 6501 19th Avenue, and
Lawrence Wozniczka, 6744 Wentworth Avenue, also spoke in favor.
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 minutes:
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RESOI,~J`~ION No. 4917
February 26, 1973
RESOLUTION REQUESTING FEASIBILITY STUDY FOR PEDESTRIAN BRIDE
OVER HIGHWAY ~k36.
Po11 of votes: Ayes - Anderson, Jacobsen, Kenealey, Luettinger and Law. Naves -.
None. Carried. This resolution appears as Resolution No. 4917 in Resolution Book
~~32.
3.2. Deferred Itemso
Due to the fact that it was now after 11x00 P. M., the council did not give
1
consideration to the following agenda items on February 26, 1973:
1. Authorization for Construction Management at Taft and Donaldson
Park Development Projects.
2. Resolution Establishing 1973 Salary Rates Negotiated for Members of
Local 49 Bargaining Unit.
3, Resolutions Required for the Adoption of the 1973 Pay Plans for
General Services Police and Fire Management Personnel and Part-'
time Seasonal Employees.
4. Establishment of Park and Recreation Advisory Committee.
5. Establishment of Senior Citizen Housing Study Committee.
Above items deferred to council meeting of March 12, 1973.
13. Claims and Payrolls,
Motion by Jacobsen, seconded by Luettinger, that the following claims and
payrolls be allowed:
RICHFIELD BANK & TRUST COMP.l~NY
Checks 9709/10023 $256,708,43
SUMMIT STATE BANK
Checks 39025/39593 General 26,199.01
39105/39934 Payroll 106,826.84
All ayes o Carried.
14. Payments & Estimates
Motion by Jacobsen, seconded by Luettinger, that the following estimate be allowed:
To: Electric Repair and Construction Co., Inc., Ornamental Lighting
City Project No. 642, Contract No. 2117, Report 3 - 21% complete
Amount payable - $14,850.00.
A11 ayes - Carried.
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February 26, 1973
15. ~'~~~T,icens~s~e
Motion by Jacobsen.a seconded by Luettinger, that the following licenses be
approved, with the exception of the renewal of a~cigarette license for Richfield
Skelly-Service Station, at 66th Street and 12th Avenue So., which license request
was deferred to the March 12th council meeting.
Re ular;
Renewal Arby's Road Beef Sandwiches, 6529 Penn Ave. So. Soft Drink
Cigarette
Renewal Cliff°s Apco Station, 6501 Lyndale Ave. So. Cigarette
' Soft Drink
Renewal Southtown Spur, 7744 Penn Ave. So, Cigarette
Soft Drink
Renewal Stadium 66 Station, 1120 East 78th Street Soft Drink
Renewal Clark Super 100, 220 West 66th Street Soft Drink:°
Cigarette •
Renewal Richfield She11, 6545 Portland Ave. So. Cigarette
Renewal Richfield Standard Service Center, 7544 Lyndale Soft Drink
Cigarette
Renewal Clark Super 100, 140 East 78th Street (;igarette °
Soft Drink -
Renewal Blaylock Plumbing Company, 7731 4th. Ave. So. Soft Drink
Renewal Richfield Apco, 817 East 66th Street Soft Drink
Renewal Plaza Cafe, 818 West 77 1/2 Street Soft Drink
Renewal Fred Babcock VFWPost 5555, 710 Lakeshore Drive Soft Drink
Cigarette
Renewal Western Station, 7700 Lyndale Ave. So. Cigarette
Soft Drink
Renewal A & E Skelly, 7701 Lyndale Ave, So. Soft Drink
Renewal Bud°s Texaco, 1316 East 66th Street Soft Drink
Renewal Country Kitchen, 6531 Lyndale Ave. So. Soft Drink
Cigarette
Music Box
Renewal Voyager She11, 6601 Penn AVE. So. Cigarette
Renewal Richfield Pharmacy, 6519 Nicollet Ave. So. Cigarette
Renewal Morrow Auto Specialty, Inc., 6445 Cedar Ave, So. Cigarette
Soft Drink
Renewal Viking Speed Wash, 7748 Morgan Ave. So. Soft Drink
Renewal Luxury Lanes, 7711 14th Ave, So. Cigarette
Soft Drink
Renewal Lunds, Inc., 6228 Penn Ave. So, Soft Drink
Cigarette
Renewal Minnesota Mining (Thermo Fax,, 1620 East 78th St; Cigarette
Renewe.l The Lyndale Esquire, 7400 Lyndale Ave. So. Soft Drink
Renewal. Eddy Arnold°s Chicken Shop, 6341 Penn Ave. So, Soft Drink
New ~ Intei°national House of Foods, 6620 Lyndale Ave, Cigarette
Renewal Longtino°s, Inc., 6519 1./2 Nicollet Ave. So. Soft Drink
Cigarette
`- -- - Music Box °
Renewal PDQ Food Store, 813 East 66th Street Cigarette ~,
Soft Drink°
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Licenses (.Continued)
Regular (Continued)
February 26, 1973
Renewal Mister Pizzas 6700 Penn Ave. So, Cigarette
Soft Drink
Renewal Rodney°s and: Mine, 1500 Bast 78th Street Soft Drinka~
Renewal Wagon Popcorn, 34 West 66th Street Soft Drink
New Trvin F. Bentley, 7626 Newton Ave. So, Residential Kennels
Fee Waived;
Renewal Bethany Covenant Church, 7121 Bloomington Ave. So, Soft Drink
Taxicab Drivers:
1
Renewal Robert Michael Heaton, 9617 Russell Ave. So. Cab Driver
Renewal M3:11ard Bren, 11500 Bren Road Cab Driver
Renewal Mary V, Gray, 8133 Bast Bloomington Freeway Cab Driver "
Renewal James Victor Hedlund, 8712 4th Ave. So, Cab Driver
Renewal Richard H, Lazerine, 6054 West Broadway Cab Driver °
Renewal Gordon A, Mahoney, 5249 46th Ave. So. Cab Driver
New Wesley M. Josephson, 14590 Dallara Ave. W.,
Rosemount, Minn, Cab Driver
New Ronald Lee Beebout, 7710 Penn Ave, So, Cab Driver
New Dale Charles Odegard, Rte.~2, Balsam Lake, Wis. Cab Driver
New Steven Chester Schwamb, 2715 43rd St. Cab Driver
New Thomas Michael Donohue, 8200 Stanley Road Cab Driver
New Robert Michael Ward, 3415 Nicollet Ave. So. Cab Driver
New Orrin Nobles Alt, 6625 Southcrest, Edina Cab Driver.
New Thomas Michael Rogers, 600 So, Fairview, St.Pau1 Cab Driver
New Robert Douglas Nelson, Rte, 2, Box 353, Prior Lake Cab Driver
Renewal Robert Donald Highfield, 3229 Harriet Ave. Cab Driver •
Renewal Stanley Wallace Carlson, 10125 Drew Ave. So, Cab Driver=
A11 ayes - Carried.
16. Resolution Concerning Redesignation of Municipal State Aid Street,
Motion by Jacobsen, seconded by Kenealey, that the following resolution be
adopted9 that it be spread in the Resolution Book and that it be made a part of
these minutest
RBSOLUTION No. 4918
RBSOLI7TION RBVOKING AND BSTABLISHING MUNICIPAL STATB AID STI~ETS
c
iJ
Poll of votest Ayes - Anderson, Jacobsen, Kenealey, Luettinger and Law. Naves -
None, Absent ~ None, Carried, This resolution appears as Resolution No. 4918 in
Resolution Book No. 32,
11,- February 26, 1973
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17. Resolution Authorizing Removal of Hazardous House at 6805 14th Avenue.
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 minutes;
RESOLUTION No, 4919
RESOLU'T'ION AUTHORIZING THE CITY MANAGER TO ORDER THE REPAIR OR
REMOVAL OF HAZARDOUS BUIT.,DTNG LOCATED AT 6805 - 14th Avenue,
Po11 of votese Ayes - Anderson, Jacobsen, Kenealey, Luettinger and Law. Hayes -
None. Absent - None. Carried, This. resolution appears as Resolution No. 4919
in Resolution Book No. 32.
18. NOT ON AGENDA -
the Hennepin County .
lution Authorizing City
of Safety Action Project
rater into an Agreement with
lotion by Jacobsen, seconded by Luettinger, that the following resolution b'e
adopted; that it be spread in the Resolution Book and that it be made a part of
these minutes
R~SOLUTTON No, 4920
A RESOLUTION AUTHORIZING. THE CITY OF RICHFIELD TO ENTER TN`I~ AN
AGREEMENT WITH THE HENNEPIN COUNTY ALCOHOL SAFETY ACTION PROJECT.
Poll of votese Ayes - Anderson, Jacobsen, Kenealey, Luettinger and Law. Hayes -
None. Absent - None, Carried.
19. Adjournment.
Motion by Anderson, seconded by Jacobsen, that the meeting be adjourned,
Time; 11°20 P,M. Carried.
Date Approved s March 12, 1973 ~~.~~~%~- ~ `o~7`fii.~-.~
Thomas J. ~oran Clerk
G' ~~ ~ ~~ ~
Mayor Manager