05-29-1973CI~."3Z OF RICfiFTELH
REGULAR MEETING
May 29, 1973
The Council of the City of ~?ichfield met in regular session in the Council
Chambers of the City Hall, May 29, 1973, at 7100 p.m.
In the absence of Rev. Phillip Frazier, Baptist Church of Our Saviour, Couafcil~
man George Kenealey gave the invocation.
Mayor Law called the meeting to order, and eactended a welcome to Peter Eberz,
the new Public Works Director for the City of Richfield.
Presents Anderson, Jacobsen, Kenealey, Luettinger and Law.
Absent: None.
1. Minutest
Motion by Luettinger, seconded by Anderson, that the minutes of the May 14,
1973 regular meeting, and the May 16, 1973 special meeting be approved as presented,
A11 ayes o Carried.
Councilman Kenealey raised a Point of Order to discuss the Alternate Writ of
Mandamus, and the City of Richfieldas answer to that Writ by the city attorney in
conjunction with the rezoning df property owned by Shelter Corporation for the
purpose of building a senior citizen and handicapped housing pro3ect. It was agreed
to discuss this matter further at the end of the prepared agenda.
Councilman Kenealey brought up another Point of Order and he requested that
Lawrence Wozniczka, 6744 Wentworth Avenue, be allowed to make a presentation to the
City Council about the assessed valuations within the City of Richfield.
Motion by Luettinger, seconded by Jacobsen, that Lawrence Wozniczka be placed
first on the agenda for the Board of Equalization meeting on May 30, 1973.
A11 ayes o Carried.
7a Proposal by Wooddale Baptist Church to Construct Church Parking Lot onto Property
at 71047120 First Avenue South.
Motion by Jacobsen, seconded by Luettinger, that approval be given to the request
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May 29, 1973
of Wooddale Baptist Church representatives, that consideration of this item be
continued to the June 25, 1973 council meeting.
A11 ayes m Carried,
•• 3. Sidewalk Construction on North Side of 78th Street from Portland Avenue to a
Paint 363 Feet East.
Motion by Jacobsen, seconded by Luettinger, that the hearing on sidewalk con-
struction on the North side of ?8th Street from Portland Avenue to a point 363 feet
east be closed.
A11 ayes - Carried,
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
minutesg
RESOLUTION No. 4992
RESOLUTION ORDERING TN.Q'ROVEMENT AND PREPARATION OF PLANS AND
SPECIFICATIONS FOR SIDEWALK CONSTRUCTION ON THE NORTH SIDE OF
78TH STREET FROM PORTLAND AVENUE TO 363' EAST OF PORTLAND AVE.
Po11 of votese Ayes m Anderson, Jacobsen, Kenealey, Luettinger and Law. Hayes - None.
Absent - None. Carried. This resolution appears as Resolution No. 4992 in Resolution
Book No. 33.
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 minutese
RESOLUTION No, 4993
RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR SIDEWALK
CONSTRUCTION ON THE NORTH SIDE OF 78TH STREET FROM PORTLAND
AVENUE TO 363 FEET EAST OF PORTLAND AND ORDERING WORK TO BE
DONE BY CHANGE ORDER, CITY PROJEFT No. 650, District. No, 3.
(Clerk°s File No. C~9489)
Poll of votese Ayes - Anderson, 3acobsen, Kenealey, Luettinger and Law. Hayes m
t~~ne. Absent - None. Carried. This resolution appears as Resolution No. 4993 in
Resolution Book No. 33,
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May 29, 1973
4.~ Renewal of Special Use Permit to Continue Operation of the Tree and Plant Nursery
Business at b955 Penn Avenue So,
'~homas Snow, applicant, requested approval of a special use permit allowing hisn
to continue the operation of a trbe and plant nursery business at the corner of 6955
Fenn Avenue.
Motion by Anderson, seconded by Luettinger, that the council approve the special
use permit for a tree and plant nursery only at 6955 Penn Avenue S., subject to review
at the end of five years, Anderson withdrew his motion.
Janet Johnson, 7008 Oliver Avenue, spoke in opposition to the noise and the machinery
parked at this location,
Motion by Jacobsen, seconded by Luettinger, that the council grant a special use
permit for a tree and plant nursery at 6955 Penn Avenue So., until a change of owner-
ship outside the immediate family, or for a period of five years, whichever occurs
first.
A11 ayes - Carried. Kenealey abstained from voting as Mr. Snow is a client of his.
5, Ordinance Relating to Partial Prepayment of Special Assessments.
Bi11 No. 1973-12, "An Ordinance Relating to the Partial Prepayment of Special
Assessments for Local Improvements", was read, the same being on file in the office of
the City Clerk, (C-9480).
Motion by. Anderson, seconded by Jacobsen, that this hearing be closed.
A11 ayes - Carried.
Motion by Jacobsen, seconded by Anderson, that this constitute a second reading
of Ordinance No. 197 312, 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.
Poll of votes; Ayes - Anderson, Jacobsen, Luettinger, Kenealey and Law, Absent - None.
~T~y°s None. Carried.
6. Transitory Ordinance Providing for Expenditure of Money from the Special
E~'und for Park Acquisition and Betterment,
Bi11 No. 1973-11, Transitory Ordinance No. 16.17, "An Ordinance Provi~'i"-~ far chi.
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May 29, 1973
Expenditure of Money from the Special Revenue Fund for-Park Acquisition and Better-
ment," was read, the same being on file in the office of the City Clerk. (C-9481).
Motion by Luettir~ger, seconded by Anderson, that-this hearing be closed.
All ayes - Carried.
Motion by Luettinger, seconded by Jacobsen,. that this constitute a second
reading of Ordinance No. 1973-11, that it be spread in the ordinance books 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. -Hayes - None.
Absent - None. Carried.
7. Approval of Purchases in Excess of $1,000.
Motion by Jacobsen, seconded by Luettinger, that pumper tank repair for engine
No. 6, be approved in the amount of approximately $1,300.
Poll of votes: Ayes - Jacobsen, Kenealey, Luettinger and Law. Napes - Anderson.
Absent - None. Carried.
Motion by Jacobsen, seconded by Kenealey, that the purchase of eight portable
bleachers, in the amount of $2,.576, be approved, All ayes - Carried.
8. Bids for Taft Park Buildings.
Motion by Anderson, seconded by 3acobsen, that the minutes and tabulation of bids
for Taft Park Buildings be accepted as presented.
A11 ayes - Carried.
Lawrence Wozniczka, 6744 Wentworth Avenue, spoke regarding this item.
Motion by Anderson, seconded by Jacobsen, that the council approve the city
manageres recommendation as contained in his council letter No. 142, dated May 29,
1973, and that the following resolution be ado.pted9 that it be spread in the resolution
book and that it be made a part of these minutes:
RESOLUTIO~y No. 4994
RESOLUTION DETERMINING LOWEST RESPONSIBLE BIDDER AND AWARDING
CONTRACT FOR TAFT PARK BUII,DTNGS
City Project No. 653
(C~:~rk's I`ile Noa C~94q~)
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May 29, 1973
Fo11 of votes Ayes - Anderson,. Jacobsen, Kenealey, Luettinger and Law. Nayes - None.
Absent - None. Carried. This resolution appears as Resolution No. 4994 in Resolution
Book No. 33.
9. Acquisition of Property at 7301 Xerxes Avenue for Park Purposes.
Motion by Jacobsen, seconded by Anderson, that the council approve the acquisition
of property at 7301 Xerxes Avenue for park purposes, in the amount of $30,5009 and
that this acquisition is not tb be considered by the city assessor as a typical pro-
perty in the establishment of assessed market valuation and that the staff contact the
Village of Edina to see if they would contribute money to defray the cost of the
purchase.
A11 ayes - Carried.
Motion by Jacobsen, seconded by Anderson, that the following resolution be adoptedy
that it be spread in the resolution book and that it be made a part of these minuteso
RESOLUTION No. 4995
RESOLUTION AUTfiORIZING ACQUISITION OF PROPERTY FOR PARK
PURPOSES. (7301 Xerxes Avenue So., Richfield, Minn,)
Po11 of votesa Ayes - Anderson, Jacobsen, Kenealey, Luettinger and Law. Nayes - None.
Absent - None. Carried. This resolution appears as Resolution No, 4995 in Resolution
Book No. 33.
10. Request for "No Parking" Signs.
Motion by Kenealey, seconded by Luettinger, to deny the installation of "No
Parking" Signs on both sides of the north frontage road of ~~494 from 2nd Avenue to
4Tentworth Avenue,
Po1]. of votes: Ayes - Jacobsen,. Kenealey, Luettinger and Law, Nayes - Anderson.
Absent -None. Carried,
11. Request for Traffic Control Signs..
Motion by Luettinger, seconded by Kenealey, that the city council approve the
parking restrictions on both sides of 76th Street from one block east of Portland
Avenue to Sheridan Avenue, and .also extended Troia one blc~k east of Portla~Yd. to Cedar
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May 29, 1973
Avenue, but that signs not be installed until after construction has been completed.
minutes:
A11 ayes - Carried.
Don Houlding, 7145 - 13th Avenue, spoke on this agenda item.
Motion by Luettinger, 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
RESOLUTION No. 4996
RESOLUTION RELATING TO TRAFFIC CONTROL SIGNS "NO PARKING" ON
BOTH SIDES OF 76TH STREET FROM
CEDAR AVENUE TO PLEASANT AVENUE
GRAND AVENUE TO LYNDALE AVENUE
PENN AVENUE TO SHERIDAN AVENUE
Poll of votes: Ayes - Anderson, Jacobsen, Kenealey, Luettinger and Law. Nayes - None.
Absent -None. Carried. This resolution appears as Resolution No. 4996 in Resolution
Book No. 33.
12. Permanent Surfacing of 76th Street - Sheridan to Xerxes Avenue.
Motion by Jacobsen, seconded by Kenealey, that the administration request a letter
from the Village of Edina indicating the final grade of 76th Street in Edina.
A11 ayes - Carried.
Motion by Jacobsen, seconded by Kenealey, that the following resolution be adopted;
that it be spread in the resolution book and tYiat it be made a part of these minutes:
RESOLUTION No. 4997
RESOLUTION RECEIVING REPORTS ON GRADING, PERMANENT SURFACING,
CONCRETE CURB AND GUTTER AND APPURTENANCES THERETO AND CALLING
HEARING ON JULY 9, 1973 - ON 76TH STREET FROM XERXES AVENUE TO
SHERIDAN AVENUE
City Project No. 615
(Clerk's File No. C-9491)
Poll of votes: Ayes - Anderson, Jacobsen, Kenealey, Luettinger and Law. Nayes - None.
;~s~sent - None. Carried. This resolution appears as Resolution No. 4997 ~.n Resolution
Book No. 33,
~3. Agreement with Metropolitan Transit Commission on Construction of Bus Shelters.
Motion by Jacobsen, seconded by Anderson, that the city council approve the
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May 29, 1973
agreement with the Metropolitan Transit Co~asnission on Construction of Bus Shelters, and
that the Mayor and City Manager are authorized to execute said agreement on behalf of
the City of Richfield.
A11 ayes - Carried.
14. Resolution Regarding T®494 Corridor Study,
Motion by Jacobsen, seconded by Anderson, that the following resolution be adopted;
that it be spread in the resolution,:bo~k and that it be made a part of these minutesd
RESOLUTION No. 4998
RESOLUTION APPROVING AND ADOPTING TIDE GENERAL CONCEPTS OF THE
D.M.J. M. I/494-100 CORRI~R STUDY AND REQUESTING THE TASK FORCE
TO COMPLETE ITS EVALUATION A1VD ANALYSTS OF THIS STUDY
Po11 of .votes: Ayes - Anderson, Jacobsen, Kenealey, Luettinger and Law, Nayes - None.
Absent -None. Carried, 'llais resolution appears as Resolution No. 4998 in Resolution
Book No. 330
15. Agreement with the Village of Edina Regarding Extension of York Avenue.
Motion by Jacobsen, seconded by Anderson9 that the agreement with the Village of
Edina regarding extension of York Avenue be approved with the added amendment that
Edina bear municipal share of any traffic semiphores, and that the City of Richfield
bear cost of any sidewalk installation in Richfield.
All ayes - Carried.
Motion by Jacobsen, seconded by Anderson, that the Mayor and City Manager be
authorize to execute said agreement on behalf of the City of Richfield.
A11 ayes - Carried.
Lawrence Wozniczka, 6744 Wentworth Avenue, and Don Houlding, 7145 - 13th Avenue,
appeared and spoke in interest,
16. Resolution Approving Fire Pension Fund Investments.
Sam Terry, representative of the Richfield Fire Department Relief Association,
explained their investment proposal and requested council approval.
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May 29, 1973
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 No. 4999
RESOLUTION AUTHORIZING THE TNVESTM.ENT OF FIREME,"N°S RELIEF
ASSOCIATION FUNDS
Poll of votes: Ayes a Anderson, Jacobeans Kenealey, Luettinger and Law. Naves o None.
Absent - None, Carried. This resolution appears as Res®lution No. 4999 in Resolution
Book No. 33,
17. Liquor Store Marketing Study.
James Christensen, Assistant Vice President of Real Estate Research Corporation,
appeared and commented on the feasibility of a survey for a liquor store marketing study.
Motion by Kenealey that no survey be conducted, and that a third liquor store for
the City of Richfield be opened on a lease basisa between 62nd and 68th Street on Penn
Avenue,
Motion failed for lack of a second.
Motion~by Luettingers seconded by Andersone that this liquor store marketing study
be deferred to the council meeting of June 25s 1973.
Poll. of votes: Ayes m Anderson, Jacobsen, Luettinger and Law. Naves Kenealey.
Absent - None. Carried.
Csluaillo DeSantiss 6508 Newton Avenues spoke in interest.
18~ P1an Check Fee Recommendations.
Motion by Kenealey, seconded icy Jacobsen9 that flee p1ah. checking fee for the
Inspection Department be deferred to the council meeting of June 11, 1973.
All ayes - Carried,
19„ Acceptance of Deed from Hennepin County.
Motion by Jacobsen, seconded by Luettingera that the city council accept a deed from
Hennepin County for a sma11 amount of property along the western edge of Taft Park®
A11 ayes o Carried,
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1
20. Confirmation of Appointments to Board of Equalization.
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
RESOLUTION No, 5000
RESOLUTION CONFIRMIlVG CITY MANAGER'S APPOINTN~NT OF TWO RESIDENT
MEMBERS TO BOARD OF EQUALIZATION
Po11 of votes: Ayes - Anderson, Jacobsen, Kenealey, Luett~;n~~~:~.and,:Y;~~r~o:~~, Nayes - None.
Absent - Noneo Carried. This resolution appears as ResoYut.ion No. 5000 in Resolution Book
Noa 330
21. Planning Commission Recommendation on National Guard Armory Request.
Motion by Anderson, seconded by Luettinger, that the Planning Commission's recommend-
1
ation on the National Guard Armory request be deferred to the council meeting of June 11,
1973.
A11 ayes - Carried.
22. Discussion of Revenue Sharing Allocations.
Motion by Luettinger, seconded by Kenealey, that the discussion of Revenue Sharing
Allocations be deferred to the council meeting of June 11, 1973.
All ayes - Carried,
23. Addition of two staff positions to Department of Public Safety, and Purchase of Radar
Equipment.
James Taylor, Public Safety Director, explained some of the needs which exist in the
Public Safety Department.
Motion by Luettinger, seconded by Jacobsen, that approval be given for the purchase
1
of two additional radar units (with 50% of the cost to be paid by federal funds).
A11 ayes - Carried,
Motion by Luettinger,- seconded by Jacobsen, that the following resolut~.on be adopted9
that it be spread in the resolution book and that it be made a part of these minutes:
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RESOLUTION No. 5001
RESOLUTION AUTHORIZING TRt~.NSFER OF APPROPRIATIONS FROM TBE
1973 CONTINGENCY ACCOUNT TO PUBLIC SAFETY DEPARTMENT
Poll of votesa Ayes o Anderson, Jacobsen, Kenealey, Luettinger and Law. Nayes -
None. Absent - None, darried. This resolution appears as Resolution No. 5001 in
Resolution Book No. 33.
Motion by Kenealey, seconded by Jacobsen, that the remainder of the items list~:d
in the city manager's council letter No. 150 be deferred;==to the council meeting of
June 11, 1973.
All ayes - Carried.
24. Regulations Concern.
for Parking of Vehicles.
ins anon Ci
and Front Yard Setba
Motion by Kenealey,. seconded by Jacobsen, that this item be deferred to the council
meeting of June 25, 1973,
All ayes - Carried.
25. Licenses.
Motion by Anderson, seconded by Kenealey, that the following fee waived licenses
be approvedo
Fee Waived:
Renewal West Richfield Litt~.e League, Lincoln Field, Soft Drink Food
75th and Pleasan~:Auenue.
Renewal Wooddale Baptist Church, 7101 Nicollet Ave, So. Commercial Incinerator
Renewal Richfield Historical Society, 70th and Lyndale Food (Ice-Cream Social o
July 8, 1973)
A11 ayes - Carried.
r
Motion by Jacobsen, seconded by Luettinger, that the following licenses be approvedo
Regular:
New Joe Reyes, 7427 Oakland Avenue Residential Kennel
New Los Bravos of Richfield,. Inc,, 1504 E. 78th Street On~Sa1e Beer
(Formerly Rodney°'s and Mine)
Renewal Wally's Li°L Wagon, 6637 Xerxes Ave, So. Wagon Peddler, Food
~~Tew New Image Hair Fashions, 2920 W. 66th St. Soft Drink
New Hub Dairy Queen, 16 East 66th Street Food
A11 ayes - Carried.
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May 29, 1973
Licenses `(c®ntinued)
Motion by Jacobsen, seconded by Luettinger, that the fo11®wing incinerator licenses
be deferred:to the council meeting of June 11, 1973:
New First Federal Savings & Loan Association, 6445 Nicollet Commercial Incinerator
Renewal Penny°s Super Markets, Penn-Hub, Inc., 6530 Pillsbury Commercial Incinerator
Renewal H. A. Swanson,. 6520 Oliver Ave. So. Commercial Incinerator
Renewal Country C~.ub Markets, Inc., 6528 Penn Ave. So. Commercial Incinerator
A11 ayes - Carried.
Motion by Kenealey, seconded by Jacobsen, that the following licenses be approved:
Taxicab Drivers:
New Forrest L. Erickson, 8237 1st Ave. So. Cab Driver
New Thomas Hollingsworth, 11625 Ravoux Ave. So. Cab Driver
New Bernhard J. Hedstrom, Jr., 5216 Minnehaha Ave. Cab Driver
New Todd Eklund, 5615 - 11th Ave. So. Cab Driver
Renewal Gunnar S~olander Jr., 18501 Lyndale Ave. So. Cab Driver
Renewal John J. Cannell, 1930 Oakdale Cab Driver
New Marla Wahl, 7821 Lyndale Ave. So. Cab Driver
New
New Robert Stake, 7204 West Shore Drive, Edina
Curtis Craig, 5210 Golden Valley Road Cab
Cab Driver
Driver
A11 ayes - Carried.
2.6. Claims and Payrolls.
Motion by Anderson, seconded by Luettinger, that the following claims and payrolls
be alloweda
RICHFIELD BANK & TRUST COMPANY
Checks 10352/10855 $406,314.24
SUMMIT STATE BANK
Checks 40870/41807 General $ 69,927.19
41903/41899 Payroll 92,.687.80
A11 ayes - Carried.
27. QNOT ON AGENDA) Emergency Ordinance - 18 Year Olds m Age of Maturity.
Bill No. 1973-13, "An Amendment to Chapter XT of the Ordinance Code of the City of
Ric~~~ie1d, Minnesota°1 was read, the same being on file in the office of the City Clerk,
(C-9492).
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May 29, 1973
Motion by Kenealey, seconded by Jacobsen, that this heari~hg be closed and that this
constitute a first reading of Ordinance No. 1973-139 that i~ be published in the official
newspaper and that it be made a part of these minutes.
Poll of votes: Ayes - Jacobsen, Kenealey and Law. Nayes - Anderson and Luettinger.
Ordinance failed to pass, as an emergency ordinance requires a 5-0 vote.
Motion by Kenealey, seconded by Jacobsen9 that the council again study the provisions
of our liquor ordinance for possible repeal of certain other provisions, and that it be
considered at the June 11th council meeting.
A11 ayes - Carried.
2.5. Resolution on Taft & Donaldson Park.
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, 5002
RESOLUTION AMENDING TiiE ACCEPTING BID AND AWARDING CONTRACTS TO
CONTRACTORS FOR TA.FT AND DONALDSON PARK SITE IMPROVEMENTS
City Project No, 653 - Taft Park
City Project No. 654 - Donaldson Park
P~11 of votes: Ayes - Anderson, Jacobsen,. Kenealey, Luettinger and T,aw. Nayes - None.
Absent - None. Carried. This resolution appears as Resolution No. 5002 in Resolution
Book No. 33.
29. Adjournment.
Motion by Luettinger, seconded by Jacobsen, that the meeting be adjourned.
All ayes - Carried, T3.me: 11:45 P.M.
Date App
June 11, 1973
Mayor
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~~~~~
Thomas J. ran City Clerk
~~~
• °~' ~ Manager
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