04-23-1973CITY OF RICHFIELD
' REGULAR MEETING
April 23, 1973
The Council of the City of Richfield met in regular session in the Council
Chambers of the City Ha11, April 23, 1973, at 7:00 p.m.
Rev, Paul Romstad, Associate Pastor of Woodlalee Lutheran Church, gave the
invocation:
Present: Anderson, Jacobsen, Kenealey, Luettinger and Law,
Absent: None,
Mayor Law called the meeting to order.
1. Minutes°
Motion by Luettinger, seconded by Jaco'~sen, that the minutes of the April 9,
1973 regular council meeting be approved as presented,
A11 ayes - Carried,
2. Annual Street Improvement and Oiling Program, City Project No. 655.
The following persons appeared in opposition to the 1973 annual street improve-
ment and oiling program, City Project No, 655, as it pertained to their area:
Rollin C° Ives, 215 Pleasant Lane
Marvin L. Bix, 7204 Grand Avenue
Cecil C. Sumner, 7538 Grand Ave.
Motion by Luettinger, seconded by Kenealey, that Pleasant Lane from Pleasant
Avenue to Pillsbury Avenue, be deleted from this oiling program.
A11 ayes - Carried.
Motion by Jacobsen, seconded by Luettinger, that the following streets be deleted
from the 1973 oiling program;
W, Pleasant Avenue a 75 1/2 Street to 76th Street
Grand Avenue A 75 1/2 Street to 76th Street
A11 ayes - Carried.
Motion by Anderson, seconded by Jacobsen, that the following streets be deleted
from the 1973 oiling program:
Harriet Avenue o 75 1/2 Street to 76th Street
Garfield Avenue 75 1/2 Street to 76th Street
A11 ayes - Carried,
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April 23, 1973
Motion by Jacobsen, seconded by Luettinger, that this hearing be closed,
A11 ayes - Carried,
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, 4961
RESOLUTION ORDERING Il~ROVEMENT AND PREPARATION OF PLANS AND
SPECIFICATIONS FOR 1973 ANNUAL STREET IMPROVEMENT AND OILING
PROGRAM, CITY PROJECT No, 655,
Poll of votes Ayes m Anderson, Jacobsen, Kenealey, Luettinger and Law, Noyes -
None. Absent _ None. Carried, This resolution appears as Resolution No. 4961 in
Resolution Book No, 33.
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
minuteso
RESOLUTION No. 4962
RESOLUTION APPROVING PLAN5 AND SPECIFICATIONS ON ANNUAL STREET
Il~ROVEMENT AND OILING PROGRAM AND ORDERING WORK DONE BY DAY
LABOR, City Project No. 655
Clerk°s File No, C-9472
Poll of voteso Ayes e Anderson, Jacobsen, Kenealey, Luettinger and Law. Nayes -
None. Absent - None, Carried. This resolution appears as Resolution No, 4962 in
Resolution Book No, 33,
3, Request for Special Use Permit for Construction
at 7104®7120 First Avenue, requested. by Wooddale Ba
fOff-Street
ist Church,_
Facili
Motion by Kenealey, seconded by Jacobsen, that this item be deferred to the
council agenda of May 14, 1973 at the request of the applicant and recommendation of
the planning commission,
A11 ayes - Carried.
4. Request for Apartment Use Permit for a Triplex at 16171621 West 66th Street,
requested by David H, Wachter.
David H, Wachter, 1615 W. 66th Street, applicant, requested approval of an
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April 23, 1973
apartment use permit to construct a three family dwelling unit at 1617-1621 West
6bth Street.
Lawrence Wozniczka, 674 Wentworth Avenue, chairman of the Planning Commission,
spoke regarding this apartment use permit.
Motion by Anderson, seconded by Jacobsen, that this hearing be closed,
A11 ayes - Carried.
Motion by Anderson, seconded by Jacobsen, that this apartment use permit be
granted, with the stipulation that the owner deed the West 30 feet of right-of-way to
the city for street or park purposes,
Po11 of votest Ayes - Anderson, Jacobsen, Luettinger and Law. Councilman Kenealey
abstained from voting because Mr. Wachter has been a client of his in other matters.
Absent - None. Carried.
5. Special iJse Permit for Rxpansion of Automotive Service Center at 3015 W. 66th St.
Nordlee Feinstein, owner of property at 3017 West 66th Street, and Richard
Chappel, representing the Goodyear Tire and Rubber Company, applicants, requested
approval of a special use permit to expand the existing Goodyear automotive center at
3015 West 66th Street, for the purpose of adding a 6,000 square foot addition onto the
existing service center in order to house several new service bays for use in automotive
repair and service performed by the center,
Ralph V. Lauseng, 6612 Washburn Avenue So., expressed his concern about the
egress on alley and blocking- of the alley for loading and unloading.
Don Petrofska, 6620 Washburn Avenue, also appeared in interest.
Motion by Jac®bsen, seconded by Anderson, that this hearing be closed.
A11 ayes - Carried.
Motion by Jacobsen, seconded by Luettinger, that the special use permit be
granted with the stipulations as contained in city manager's council letter No. 87,
and with a further stipulation that brick veneer be required along the rear of the
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April 239 1973
building, It was understood that the applicant would attempt to resolve the parking
lot. problems in his application for an off street parking contract.
All ayes m Carried.
Motion by Jacobsen seconded by Luettinger9 that the city permit the extensio
of the building a ma~eimurxt of six inches into the alley right of way.
All ayes - Carried,
n
Richard Chappel stated that he wb.s in opposition to the requirement for the
brick veneer along the rear of the building.
6, Amendment to Ordinance requesting Rezo~ng from "MR" to "R" of certain parcels of
land North of 77th Street from Rmerson Ave,-
Bill No. 1973m69 "Amendment to Appendix C, Section 4 of the Ordinance Code of
the City of Richfield9 Minnesota"9 was read9 the same being on file in the office of
the City Clerk. (Cm9468).
Motion by Kenealey9 seconded by Luettinger9 that this hearing be closed.
A11 ayes _ Carried.
Motion by Kenealey9 seconded by Jacobsen9 that this constitute a second reading
of Bi11 No, 197 3 69 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 votese Ayes v Anderson9 Jacobsen9 Kenealey9 Luettinger and Law. Nayes
None. Absent a None. Carried,
7. Amendment to Ordinance to Rezone Property at 6445 Nicollet Avenue from Residential
to General Commercial.
Bi11 No, 197 379 "Amendment to Appendix C9 Section 3 of the Ordinance Code of
the City of Richfield9 Minnesota"9 was read9 the same being on file in the office of
the City Clerk. (C~9469~.
Motion by Anderson9 seconded by Luettinger, that the hearing be closed.
A11 ayes m Carried.
Motion by Anderson9 seconded by Luettinger9 that this constitute a second reading
of Bi11 No. 1973m79 that it be spread in the ordinance book; that it be published ~in
- 5 - April 23, 1973
the official newspaper and that it be made a part of these minutes.
Poll of votese Ayes Anderson, Jacobsen, Kenealey, Luettinger and Law. Nayes -
None. Absent m None. Carried.
8~o Ordinance Amendment Creating a Joint Police and Fire Civil Service Commission.
Bi11 No. 1973m8, "Amendment to Chapter XII, Part II, of the Ordinance Code
of the City of Richfield," was read, the same being on file in the office of the
city clerk, (C~9471}.
Motion by Jacobsen, seconded by Luettinger, that this constitute a second
reading of Bi11 No. 1973m8, 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 votese Ayes - Anderson, Jacobsen, Kenealey, Luettinger and Law. Nayes -
None, Absent None, Carried.
9. Discussion of Attorney General's Opinion Concerning Rezoning Referendum Petition.
Motion by Anderson, seconded by Luettinger,. that the council accept and follow
the opinion of the Attorney General, in answer to questions submitted by the city
attorney, concerning the filing date validity of a referendum petition on the re-
zoning. of certain parcels of land within the city from residential to multiple
residential, which opinion (in.part~ reads as follows:
"Accordingly, we conclude that the filing of the referendum petition
on March 17, 1973 occurred on the same day the rezoning ordinance
took effect and therefore the petition was not filed "prior" to the
date the ordinance took effect, as required by section 5.11 of the
Richfield charter. Your question is answered in the negative."
Po11 of voteso Ayes o Anderson, Jacobsen, Luettinger and Law. Nayes - Kenealey.
Absent - None. Carried.
Don Houlding, 7145 13th Avenue, and Earl Maffett, 6745 Harriet Avenue, spoke in
opposition to this rv.ling.
10. Resolution Establishing Senior Citizen°s Advisory Commission,
Motion by Luettinger,. seconded by Jacobsen, that the following resolution be
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April 23, 1973
adopted; that it be spread in the Res®lution Book and that it be made a part of
these minutes:
RESOLUTION No, 4963
RESOLUTION ESTABLISHING A SENIOR CITIZENS° ADVISORY COMMISSION
Poll of votes Ayes ~ Anderson, Jacobsen, Kenealey, Luettinger and Law, Nayes -
None, Absent o None, Carried, This resolution appears as Resolution No, 4963 in
Resolution Book No, 33,
Motion by Jacobsen, seconded by Kenealey, that the city manager be directed
to publicize the various advisory commissions and the vacancies open on these comma
missions. It was suggested that the manager contact service organizations to
encourage them to have members apply for vacancies on these various commissions,
All ayes - Carried.
11. An Ordinance Amendment Relating to the Outside Storage and Merchandising of
Materials, Equipment and Inventory,
The following. persons appeared and spoke regarding the outside storage and
merchandising at various types of commercial businesseso
Francis Riley, 6915 Portland Avenue
Dick Rocklin, 1304 Echo Drive, Burnsville (Service
Station at 7544 Lyndale Avenue).
Lawrence Wozniczka, chairman. of Planning Commission
Mrs. Gertrude Ulrich, 7601 Aldrich Avenue
Motion by Jacobsen, seconded by Kenealey, to defer this ordinance amendment
until the city manager can arrange for a ,point meeting with the planning commission
and various citizens° committees on the new sign ordinance and outside merchandising
and storage ordinance,
X11 ayes ~ Carried,
12, Ordinance Amendment Relating to Storage of Junked Cars at Gasoline Service
Stations,
_ Bi11 No. 1973m9, 11Amendment to Chapter VI, Section 6.02, Subdivisions 2 and
5 of the Ordinance Code of the City of Richfield, Minnesota", was read, the same
being on file in the office of the City Clerk. (Cd9473),
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April 23, 1973
Dick Rocklin, Service Station at~7544.Lyndale Ave.So.-,~ appeared and spoke
regarding this ordinance amendment.
Motion by Anderson, seconded by Luettinger, that this constitute a first
reading of Bi11 No, 1973-9, that it be published in the official newspaper, and
~tliat the second reading. of this amendment be scheduled for the council meeting
of May 14, 1973.
Po11 of votess Ayes - Anderson, Jacobsen, Kenealey, Luettinger and Law. Nayes -
None, Absent - None. Carried,
L3; Amendment to Ordinance to Lower Minimum Age for Taxicab Drivers.
Bi11 No, 1973m10, "Amendment to the Ordinance Code of the City of Richfield,
Minnesota,-Ref-a.tin~to-the Licensing. of Taxicab Drivers", was read, the same being
on file in the office of-the City Clerk. (Cm9474),
Motion by Jacobsen, seconded by Anderson, that this constitute a first
reading. of Bi11 No. 1973-10, that it be published in the official newspaper, and
that the second reading. of this amendment be scheduled for the council meeting of
May 14, 1973.
Poll of 'votes; Ayes - Anderson, Jacobsen, Kenealey, Luettinger at~l Law. Nayes -
None. Absent - None, Carried,
14. M3.nutes, Tabulation, and Award of Bids on Permanent Street Improeement Con-
struction - City Pro~e~t No. 650, Area No. 14,
Motion by Jacobsen,, seconded by Luettinger, that the minutes and tabulatitrn
of bids ot. Permanent Street Paving, District No, 14, be acceptad as presented, and
that the 1.ow bid .of A1,exaoder Construction Co., Ins,, in the amount of .$1.,.176,555,
" be approved, as recommended by the City Manager in his Council.L~tter No, 101,
All ayes d 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 minutese
m 8 e April 23, 1973
RESOLUTION No. 4964
RESOLUTION A~GEPTIN~ BID AND AWARDING CONTRACT TO ALEXANDER CON-
STRUCTTON-.CO., INC., APPLE VALLEY, MINNESOTA, FOR PERMANENT STREET
SUR..I'ACING, Area No. 14.
City Pro3ect No. 650
Clerk's File No. 9475
Poll of votes: Ayes - Anderson, Jacobsen, Kenealey, Luettinger and Law. Naves -
None, Absent - None. Carried, This resolution appears as Resolution Nor 4964 in
Resolution Book No. 33.
7.5. Purclias.es in Excess of $1,000.
Motion by Jacobsen, seconded by Luettinger, that the council approve the
lowest bid meeting specifications, in the amount of $4,010, for the installation
of a ground fault protection system for the underwater lights and bathhouse at the
municipal swimming pool; and the amount of $1,150 "for liquor legal liability in-
surance for the municipal liquor store operation, effective May 1, 1973, as recom~
mended by the city manager in his council letter No. 102, dated April 23, 1973.
Po11 of voteso Ayes m Anderson, Jacobsen, Luettinger and Law. Abstained - Kenealey.
Absent e Nonce. Carried. (Councilman Kenealey indicated he abstained from voting
because Employers Insurance of Wausau had been a client of his on other matters,)
],6~. R~gu~est for "No Parking" Si ns.
NIot~on by ,Anderson, seconded by Jacobsen, that the following resolution be
adopted; that it be spread in the resolution book and that it be made a part of
these`minuteso
RESOLUTION No. 4967
RESOLUTION RELATING TO TRAFFIC CONTROL STGNS "NO PARKING AT
ANY TTMR" ON BOTH SIDES OF STEVENS AVENUE FROM 77TH STREET
to 1/2 BLOCK NORTH
Po11 of voteso Ayes o Anderson, Jacobsen, Kenealey, and Law. Hayes o Luettinger.
Absent m None. Carried, (Councilman Luettinger indicated he v®ted "No" because
he did not feel that this tr~~f~.c control sign would correct the problem). This
resolution appears as Resolution No. 4967 in Resolution Book loo. 33.
m g m April 23g 1973
17. Authorization to Call for Bids....Sea1 Coating.
Motion by Andersona seconded by Jacobsen, that the council authorize the
call for bids on May 179 1973 for seal coating at the following locat$o~}so
Parking 1®ts m City 1Ia11 and Cedar Avenue liquor store
W. service road 35W from 69th Street to 72nd Street
E. service roam 35W from 72nd Street to 75 1/2 Street
Lyndale Avenue frown Lake Shore Drive to 74th Street,
which appropriations appear in the 1973 Capital Lnprovements Program and the 1973
Budget,
All ayes ~ Carried.
Lawrence Wozniczka„ 6744 Wentworth Avenue, spoke regarding this item.
18. Water Connection Services to City Owned Lots in New Ford Town,
Motion by' Luettinger9 seconded by Jacobsen9 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. 4969
RESOLUTION APPROVING PLANS AND S1~ECTFICATIONS ON WATER
CONNECTION SERVICES AND ORDERING WORK DONE BY DAY LABOR
City Project No, 659
C1erkBs File No. C~9477
Poll of voteso Ayes a Anderson, Jacobsen9 Kenealey, Luettinger and Law. Nayes m
None. Absent d None. Carried, 'T`his resolution appears as Resolution No, 4969 in
Resolution Bomk No. 33,
19. Resolution Relating to Bond Issue.
Motion by Anderson sdconded 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 minuteso
RESOLUTION No, 4968
RESOLUTION AUTfiORIZING ISSUANCE AND ADVERTISEMENT FOR SALE
OF $6g30~g000 Gf".NERAL OBLIGATION Il~Il'ROVEMENT BONDS OF 1973.
Poll of voteso Ayes m Anderson, Jacobsen9 Kenealey, Luettinger a~.d Law, Nayes m
None. Absent o None. Carried, This resolution appears as Reso. No. 4968 in
Resolution Book No. 33.
A 10
April 239 1973
....
20. Renewal of Agreement with Northern States Power Company for Klectrical Service
to Sewage Pumping Stations,
Motion by Anderson9 seconded by Jacobsen9 that the council approve the renewal
of an Agreement with Northerna States Power Company for electrical service for municipal
sewage pumping operations and that the Mayor and City Manager be authorized and
directed to execute said agreement on behalf of the city,
A11 ayes m Carried,
Lawrence Wozniczka9 6744 Wentworth Avenue9 asked questions regarding this agree
went.
21. Appointment of Liquor Store Manager.
Motion by Jacobsen9 seconded by Anderson9 that the council approve the City
Manager°s appointment of Jeffrey R. Page to be liquor store manager for the City of
Richfield,
A11 ayes Carried.
22, Claims and Payrolls.
Motion by Anderson9 seconded by Jacobsen9 that the following claims and payrolls
be alloweda
RICHPTNLD BANK, & TRUST C®MBANy
Checks 10338/10508
SUMMTT STATE; BANK
Checks
40786/41277 General
41281/41531 Payroll
$1089212,54
X2329803.50
899644.11
A11 ayes m Carried.
23. Licenses.
Motion by Luettinger9 seconded by Jacobsen9 that the ofd=sale beer license for
Western Stores9 Division Continental ®i1 Coa97700 Lyndale Avenue9 be denied,
All ayes s Carried.
Motion by Luettinger9 seconded by Jacobsen9 that the following licenses be
approvedo
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Licenses (Continued)
Fee Waived;
Renewal West Richfield Little League, 67th and Irving eve. Soft Drink
New Church of St. Peter, 6720 Nicollet Ave. (for ~n~rch Itinerant
Carnival on May 5, 1973) Amusement
Regular:
New Al's Clark 100 Station, 6744 Penn Avenue Soft Drink
Taxicab Drivers:
Renewal Leonard Anderson, 5129 Chowen Avenue Cab Driver
New ~1air Poitras, 8023 Stevens Avenue Cab Driver
New Dean Weigel, 5543 Oliver Avenue Cab Driver
New Stephen Thompson, 7532 Nicollet Avenue Cab Driver
A11 ayes - Carried.
24. Discussion of Pro osed Uniform Franchise and Met~'Apolitan Rate Authority Ordinance
for the Regulation of Electric Rates.
The city attorney reviewed the proposed uniform franchise and joint powers
procedure for the regulation of Northern States Power electric services in the metro-
politan area.
Motion by Anderson, seconded by Luettinger, that the city council endorse the
uniform franchise and participation in the joint agreement to establish the organization
to administer the provisions of the franchise,
A11 ayes - Carried.
Bi11 No. 1973-1~, "An Ordinance Granting to Northern States Power Company, a
Minnesota Corporation, its successors and assigns, permission to construct, operate,
repair and maintain, in the City of Richfield, Minnesota, an electric distribution
system. and transmission lines, including necessary poles, pole lines, and fixtures
and appurtenances; for the furnishing of electric energy to the city and its inhabitants,
and others, and to use the streets, alleys, public ways and public grounds of said city
for such purposes; prescribing certain terms and conditions thereof, and prescribing the
rates to be charged therefor", was presented, the same being on file in the office
of the City Clerk. (C-9476).
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April 23, 1973
Motion by Anderson, seconded by Luettinger, that this constitute a first reading of
Bill No. 197311.
Poll of votes; Ayes - Anderson, Jacobsen, Kenealey, Luettinger and Law. Nayes - None.
Absent - None, Carried,
25. Discussion of Various Legislative Matters.
Motion by Jacobsen, seconded by Anderson, that the following four Hennepin County
League resolutions be adopted; that they be spread in the resolution book and that they be
made a part of these minutese
RESOLUTION No. 4970
RESOLUTION SUPPORTING CERTAIN CHANGES IN THE P.E.R.A. LAW
RESOLUTION No. 4971
RESOLUTION OPPOSING LEGISLATION REQUIRIlVG VOTER REGISTRATION
RECORDS TO SHOW LAST PRIOR RESIDENCE OF APPLICANTS
RESOLUTION No. 4972
RESOLUTION OPPOSING REGISTRATION OF VOTERS ON ELECTION DAY
RESOLUTION No. 4973
RESOLUTION SUPPORTING REIMBURSEMENT TO MUNICIPALITIES OF COSTS
INCURRED IN RELOCATING UTILITIES ON ALL STATE TRUNK HIGHGTAYS
Po11 of voteso Ayes m Anderson, Jacobsen, Luetti~i~er, Kenealey and Law. Nayes - None,
Absent o None, Carried, These resolutions appear as Resolutions Nos. 4970, 4971, 4972,
and 4973 in Resolution Boole No. 33,
o ~ ITEMS NOT ON AGENDA o
26, Authorization for We11 Repair.
Motion by Jacobsen, seconded by Anderson, that the council authorize the amount of
$1,500 to $2,500 for we11 repair expense. The exact amount wi11 depend upon the extent
of damage which wi11 be known when the we11 shaft and pump are removed,
All ayes - Carried.
27. Approval of Appointment of Public Works Director,
Motion by Jacobsen, seconded by Anderson, that the council approve the Oity Manager°s
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April 23, 1973
appointment of Peter Eberz as the new Public Works Director for the City of Richfield.
All ayes Carried,
Lawrence Wozniczka, 6744 Wentworth Avenue, spoke in interest,
28. 1973 Salary for City Manager,
Motion by Jacobsen, seconded by Anderson, that the council approve a salary of
$26,900 annually for the City Manager, 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, 4965
RESOLUTION ESTABLISHING 1973 SALARY FOR THE CITY MAItTAGER
Po11 of votes: Ayes - Anderson, Jacobsen, Luettinger and Law.. Naves o Kenealey.
Absent v None. Carried, (Councilman Kenealey indicated he voted "no" because he felt
"that there were opportunities for greater efficiencies which had not been fully pursued"),
This resolution appears as Resolution No. 4965 in Resolution Book No. 33,
29, Salary Compensation Plan for Department Directors,
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, 4966
RESOLUTION RELATING TO THE 1973 SALARY COMPENSATION PLAN
(G-18, Gm19, G-20, and G-21}.
Po11 of votes: Ayes - Anderson, Jacobsen, Kenealey, Luettinger and Law. Naves - None,
Absent - None, Carried, This resolution appears as Resolution No. 4966 in Resolution
Book No. 33.
Lawrence Wozniczka, Frank Riley, and Don Houlding appeared and asked questions
regarding these salary resolutions.
26. Adjournment,
Motion by Jacobsen, seconded by Anderson, that the meeting be adjourned,
A11 ayes - Carried, Time: 15.:30 P,M,
/, .~ o/'
D to A ed: May , 1973 G~-A-o-, ~(,~/ Clerk
yor •~ Manager