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06-25-1973CI`FY OF RICHFTRLD REGDLAR MSBTING JtTN'g 25; 1973 the Council of the City of Richfield met in regular session in the Council Chambers of the City Ha11 on June 25, 1973, at 7x00 P.M. Councilman Luettinger gave the invocation. Mayor Law called the meeting to order. Presence Anderson, Jacobsen, Kenealey, Luettinger and Law Absent: None. 1. Minutes Motion by Jacobsen, seconded by Luettinger, that the minutes of the June 11, 1973 regular meeting be s.pproved as presented. A11 ayes - Carried. 2; Request for On-Sale Beer License - Fireside Pizza, Tnc., 6736 Penn Ave. David Mi11er, owner of Fireside Pizza, Inc., applicant, appeared before the council and requested an On-sale Malt Liquor License for their restaurant at 6736 Penn Avenue. (A letter from Mr. Mi11er, which was sent to persons with~.n a 3008 radius of his property, relating to the problems of concern of his neighbors, was also presented to the council). Mrs. Walter Krause, 6741 Queen Avenue So., appeared in opposition to this application. (`fhe city received two letters from persons contacted by the Millers reiterating their objection to the proposed license). Motion by Jacobsen, seconded by Kenealey, that approval be granted Fireside Pizza for a 3.2 beer Onmsale malt liquor license. Po11 of votes: Ayes _ Jacobsen, Kenealey, Luettinger and Law. Nayes - Anderson. Carried. 3. Agreement for Liquor Store Marleeting Study. James `~. G'hristensen, Assistant Vice President of Real Hecate Research Corpor- ation, First National Ban1c Building, St. Paul, answered questions regarding their service to other clients. - 2 - June 25, 1973 Robert Gordon, 5937 Nicollet Avenue, spoke regarding merchandising in existing stores. Motion by Jacobsen, that the council approve the marketing and feasibility study I by Real Estate Research Corporation to determine whether a third liquor store oper- ation would be warranted in Richfield. Motion lost for lack of a second. Motion by Kenealey, seconded by Luettinger, that the request for this study be denied. Poll of votes: Ayes - Kenealey, Luettinger and Law. Nayes - Anderson and Jacobsen, Absent - None. Carried. Motion by Kenealey, seconded by Law, that the city manager be directed to investi- gate the feasibility of a third liquor store, preferably on the west side of the city...(perhaps on Fein Avenue between 62nd and 68th Streets), and that such report be brought back to the council in 60 days. Po11 of votes: Ayes - Kenealey, Luettinger, and Law. Nayes - Anderson and Jacobsen. Carried. Absent - None. 4. Regulations Concerning Use of Parking Upon .City Right=of-way and Front Yard Setback for Parking of Vehicles. Planning Director Robert Worthington reviewed the prpblems being created within the city by the storage of large motorized carper vehicles within the front yard areas of single family homes, and his recommendations for current regulations. W. F. Reuter, 7201 Blaisdell Avenue, objected to the proposed parking limitation of 10° from neighboring property line. Leif Holter, 6832.Garfield Avenue, spoke in opposition to an additional ordinance. Motion by Jacobsen, seconded by Luettinger, to direct the city staff to develop a proposed ordinance amendment based on the recommendations in the city planner°s staff report. All ayes - Carried. m3m June 259 1973 5. Request to Construct a Church Parking Lot on the Property at 71047120 First Avenue - Wooddale Baptist Church. A letter from Austin Chapmans Chairman of Wooddale Baptist Churchs 7101 Nicollet Avenues requesting withdrawal of their special use permit applications was read, Motion by Andersons seconded by Jacobeans that the council approve the withdrawal of this special use request from Wooddale Baptist Churchs applicants for the con- struction of a parking lot on property at 7104-7120 First Avenue. All ayes m Carried, `g'he following persons appeared in interests Wm, F. Reuters 7201 Blaisdell Avenue L. T. Langfords 7100 0 1st Avenue J. C. Cuddigans 7125 - 1st Avenue 6. Request to Subdivide Land LeRoy ~a.rson~ 7526 Portland Avenue, Mr. LeRoy Larson appeared before the council and requested approval of a sub- division plan which proposes to create two lots out of the existing single family lot at 7526 Portland Avenue. Motion by Luettingers seconded by Ja~obsens that the council approve the subm division of lot at 7526 Portland Avenues with the stipulation that the portion of garage that extends onto other lot be removed. A11 ayes o Carried. Motion by Luettingers seconded by Jacobeans that the council approve the variance on set back requirements of the rear yard, A11 ayes Carried, 7. Approval of Two Lot Subdivision Proposed for Property at 324 Apple Lane. Mr. Robert Murdock appeared before the council and requested approval of a eub- division plan which proposes to create two lots out of the existing. single family lot at 324 Apple Lane. Motion by Jacobeans seconded by Luettingers that the council approve this request subject to the stipulation of creating a new sewer line to service the existing home at 324 Apple Lane. All ayes m Carried. -4- June 25, 1973 8, Promosed Ordinance Amendment Concerning Outside Storage and Merchandising at Various `fy es of Commercial Businesses, The following persons appeared regarding an amendment to this ordinance: Frank Riley, 6915 Portland Avenue Wa1t~r Vavrosky, 7338 Harriet Avenue Leif:Holter, 6832 Garfield Avenue Carl Jorgensen9 7206 Nicollet Avenue Motion by Anderson, seconded by Jacobsen, that the Ordinance Amendment concerning outside storage and merchandising at various types of commercial businesses be deferred to the council meeting of July 9, 1973, and that the city manager send committee members copies of this proposed ordinance, A11 ayes Carried, 9o Emergency Ordinance Amendment on Minimum Age in Reference to Regulations to the Sale of Liquor and Beer. Bill Noo 1973-14, "An Ordinance Relating to Intoxicating and Non-Intoxicating Beverages; Defining the reran "Minor"~ Amending Chapter XI of the City Code of Ordinances, was read, the same being on file in the office of the City Clerko" (C-9493). Motion by Jacobsen, seconded by Kenealey, that this constitutes an EMERGENCY Ordinance; that it be published in the official newspaper, to become effective. 24 hours after the publication date of June 28, 1973, and that it be made a part of these minuteso Po11 of voteso Ayes - Andersona Jacobsene Kenealey, Luettinger and Law, Nayes - Noneo Absent - None® Carried, 10, Relocation of Augsburg Park Skating Facilitieso Park and Recreation Director Harvey Feldman reviewed the relocation of skating facilities which wi11 be displaced by construction of the new library and adjoining park lot at Augsburg Park, 'The following appeared and spoke in interests Wm® Fa Reuter, 7201 Blaisdell Avenues requested that the park be left as it is Wows Ja Arthur Lyght, 7113 1st Avenue S®o, questioned library decisions La G. Reudelsterz, 7140 1st Ave, So,, spoke in favor of keeping the rinks within the parko - 5 - June 25, 1973 Motion by Jacobsen, seconded by Anderson, that the council approve the relocation of the skating facilities at the SE corner of Augsburg Park to the SW corner of the park, as per City Mana~er's council letter No. 177, and that the City Manager be authorized to negotiate a tentative agreement with Brauer and Associates to design and prepare specifications and working drawings for the relocation of these facilities with the provision that the consultants fee be paid from funds received for the conveyance of land from Hennepin County for the library site. All ayes - Carried. Motion by Kenealey, seconded by Jacobsen, that tY}'e staff prepare estimates for a total of nine sew skating rinks to be in operation for the 1973-1974 season. Poll of votest Ayes - Jacobsen, Kenealey, Luettinger and Law. Naves - Anderspn. Absent - None. Carried. 11. Approval of Purchase in Excess of $1,000. Motion by Jacobsen, seconded by Kenealey, that the council approve the lowest bid of Blaylock Plumbing Company, in the amount of $3,250, for storm sewer work, grading and sodding for the development of a fourth Little League baseball diamond at Lincoln F~,e1d. A11 ayes - Carried. 12. Request to Construct Fence on Boulevard Right-of-way,..Jack Peterson, 720 East 68th Street. Mr. Jack Peterson, 720 East 68th Street, appeared before the council and requested a variance to build a 42 " chain link fence on the boulevard right-of-way on Columbus Avenue and on 68th Streets contrary to city ordinance. Prior to seeking the variance, Mr. Jack Peterson had fence posts installed on the boulevard right-of-way on Columbus Avenue and on 68th Street with full knowledge that he was in violation of city ordinance. Motion by Kenealey, seconded by Anderson, that Mr. Peterson be given permission to construct a chain link fence on boulevard right-of-way with the stipulation that property owner assuffie liability of removal at his own expense should city construct sidewalk or other improvements. Po11 ®f votese Ayes - Anderson, Jacobsen, Kenealey and Law. Naves - Luettinger, Absent a None. Carried. m 6 - June 259 1973 13. Resoluti©ns for 1972 Storm Sewer Assessanents, IGfotioxa by ~'~:oobsen9 seconded by Anderson9 t~~t t1~e following resolutions be ag~~roved a RESOI,U'PION No, 5007 RESOI,U`IION DEOIARING COSTS ~.'O BE ASSESSED AND ORDERING Pl~EPARA`TION OF PROPOSED ASSESSMEN'J~ ROI,I, FOR C. P. No. 629 RLSOI,U~ION No, 5008 RESO~U~ION CABLING HFARIlVG ON AUGUS`I 139 1973 ON PROPOSED ASSESS- MENT FOR S'1~RM SEWER CONS'1'RUC`1'TON. C. P. No. 629. I~SODU~ION No, 5009 RESO1aUTI0N DECDARIIVG COSTS ~ BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT RO~I, FOR C. P. No. 630 RESOI,U`IION No, 5010 RESOI,U`TION C~I,ING BEARING ON AUGUS`I 139 1973 ON PROPOSED ASSESS- MEN~ FOR S`1~RM SEWER OONS`I'.EgUC`PION. C. P. No, 630 RESOI~U`PION No. 5011 1~SOI,U`PION DECI,ARTNG GOS~S TO BE ASSESSED AND ORDERING PREPARA7CION O~F ,PROPOSED ASSESSMENT ROT~~ FOR C. P. No. 631. RESOI,U~ION No, 5012 RESOI,U'PION CAI,~ING HEARIl~TG ON AUGUST 139 1973 ON PROPOSED ASSESS- MEN~ FOR S'T'ORK! SEWER CONS~.'RUC`IION. C. P. No. 631. RESOI,U`IION No, 5013 I~SOT~U`T°ION DECLARING COS`T'S ~"0 BE ASSESSED AND ORDERING PRZPARA`ITON OI' PROPOSED ASSESSMENT ROLL FOR C. P. N0.632. RESOLU`~ION No. 5014 RES©LU`I'TON CALLING IIEAR.ZI~TG ON AUGUST 139 1973 ON PROPOSED ASSESS- MEN`P ~'OR S~RM SEWER CONS`T,'RUC`~'ION. C. P. No, 632, RESOLUTION No, 5015 RES6L~3`IION DECLARING COSTS `TO BE ASSESSED AND ORDERING PIiEP~RA.TTON OF PROPOSED ASSESSMENT ROLL FOR C, P. No. 633. RESOT,U`PTON N0, 5016 RESQ9LU`T'TON CALLING II~ARING ON AUGUST 139 1973 ON PROPOSED ASSESS- ~~ FOR SCORN! SEGTER CONS`IRUCTION. C. P. No. 633. - 7 m June 259 1973 RESOLUTION No. 501,7 RESOLUTION DECLARING COSTS ~ BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ROLL FOR C. P. No. 634 RESOLUTION No. 5018 RESOLUTION CALLING HEARING ON AUGUST 139 1973 ON PROPOSED ASSESSMENT FOR STORM SEWER CO1N'STRUCTION. C. P. No.. 634. RESOLUTION Nos 5019 RESOLUTION DECLARING COSTS ~ BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ROLL FOR C. P. No. 635 RESOLUTION N0. 5020 RESOLUTION CALLING HEARING ON AUGUST 139 1973 ON PROPOSED ASSESSMENT FOR STOR~'I SEWER CONS'TRUC`TION, C. P. Nos 6350 RESOLUTION ~o. 5021 R'ESOLU`TION DECLARING COSTS `~ BE AS~~SED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ROLL FOR C. Pe No. 637 RESOLUTION Nos 5022 RESOLUTION CALLING HEARING ON AUGUST 139 1973 ON PROPOSED ASSESSMENT FOR STORM SEWER CONSTRUOTION9 C. P. No. 637 RESOLUTION No. 5023 RESOLUTION DECLARING COSTS `TO BE ASSESSED AND ORI~ERTNG PREPARATION OF PROPOSED ASSESSMENT ROLL FOR C. P. No. 645 RESOLUTION No. 5024 RESOLUTION CALLING HEARING ON AUGUST 139 1973 ON PROPOSED ASSESSMENT FOR S`1~RM SEWER CONSTRUCTIONS C. P. N0. 645 RESOLUTION No. 5025 RESOLUTION DEC7A.RING COSTS ~ BE ASSESSED AND ORDERING PREPARATION OF ASSESSMENT ROT,L T'OR C. P. No. 646. RESOLUTION Nos 5026 RESOLUTION CALLING HEARING ON AUGUST 139 1973 ON PROPOSED ASSESSME~'T FOR STORM SEWER CONSTRUCTIONS C. P. No.V46s RESOLUTION Nos 5027 RESOLUTION DECLARING COSTS ~ BE ASSESSED AND ORDERING PREPARATION OF ASSESSMENT ROLL FOR C. I'. Nos 647 m 8 June 25s 19:73 RBSOLtTTION No. 5028 RESOLi7TI0N CALLING HARING ON AUGiJST 13a 1973 ON PROPOSND ASSRSSM~TT I'®R STORM SCR CONSTRUCTIONs C,. P, N0. 647 Poll of voteso Ayes m Andersons. Jacobsens Kenealey. Luettinger and Law, Nayes m None° Absent ~ None. Carried. These res®lutions appear- as resolutions Nos. 5007 through 5028 respectivelys in Resolution Boole No. 33. 14a Pa3~nents & Nstimateso Motion by Andersons seconded by Kenealeys that the following estimates be approveda A. Alexander Construction Co.s Ines permanent paving District No, 149 City P~ro3ect Nc~. 6509 Contract No. 2141s 10.7% complete m ~113s655.63 B. Minneapolis Valley Surfacing Co., Permanent paving, District No. 29 City Pro3ect No. 650s Contract No, 2136s 10.8% complete a $90s349.10. C. Valley~Rich Company, Inc. Site Improvementss Donaldson Parks Contract No. 2146s City Project N®. 654, 69.3% complete o $21x296.38. D. C. W. Houle Landscaping Co.x Inc,, Site Improvements o Donaldson Park. City Project No. 654x Contract No. 2145x 80% complete o 18x737.32. A11 ayes o Carried, 15. Licenseso Motion by Andersons seconded by Kenealeys that the following lic~n;ses'be approveds with the exception of a residential kennel 1ice~~e.for Mrs, Dorothy R. Masoners 6326 Clinton Avenue So.s which renewal is to be deferred to the council meeting of July 99 1973° Regular° Renewal Richard B. Burtisx 7325 Premont Avenue Renewal H. L. Nehlss Jr,s 6844 Clinton Ave. So. Renewal Luis M. Koziols 700 E. 68th Street Renewal Nordquist Sign Co.s Inees 312 West Lake St. Renewal Lera~y Signss Ines 6325 Welcome Ave, No Mpls. Renewal CeAld Medal Beverage Co.x 553 No. I'airview Ave. Ta~eicab Drivers s New Barbara Hardings 500 W. 28th St.9 Apt. ~~9 New James C. Swensons 6543 Hold Valley Road New John Phillipss 5604 W, 64th Streetx Rdina New Wayne L~alstals 3514 e 14th Ave, So, (continued) Residential Kennel Residential Kennel Residential Kennel Sign. erector Sign erector Sign erector Taxicab driver Ta~sicab driver Taxicab drier Taxicab driver m g e 'Taxicab Drivers (continued New Kim 0lausen9 S Renewal Donald 0lsone Renewal Gilbert Beito9 New Lawrence Fi~.on New James Walker9 New Frank Pop~a.e 4 All ayes Carried. 524 .. 44th Ave, S®. 8317 Oakland Ave. So. 7321 Sheridan Ave, e 6105 ~11iot Ave. So. 50 S. Cretin Ave., St, Paul 339 Dimond Dr.e Fagene Minn. 16. Claiffis and Payrollse June 25e 1973 `Taxicab driver `Taxicab driver taxicab driver `Taxicab driver `Taxicab driver `Taxicab driver Motion by Jacobsen$ seconded by Anderson, that the following claims and payrolls be alloweda RIGHFI:SLD ~ & 'TR~JS`T COMPANY G~liecks 10363/10860 $694239685.97 SII`T S`3A`~.'~ ~ G~necks 41840/42843 General $ 4908761.60 4.1848/42591 Fayroll 91,972.60 A11 ayes m Carried, 17. Deferred Items. Dc~e to the lateness of the hour, the following items wi11 be considered at the council aneeting of July 99 1973a 1. Request for Release of Off-Street barking Bond, Mort Cohene 64th Street and Pillsbury Avenuee 2. Commission Appointcnentse 3, Creation of Administrative Analyst Position for Public Safety Dept.e 4. Proposed Central Business District Design and Feasibility Study; 5. Home Occupation Regulationse 6. Air Ccndi~tioning of Wood Lake Nature Center B~tila~.ing9 7e Swia~ing Pool Resolution. 18. Request for Exception in Width of Driveway Don Houldinga 7145 13th Avenue. Motion by Anderson, seconded by Kenealeye that the council approve the request of Don Hmulding,, 7145 13th Avenuee that an exception be made in the width of his 10 June 25, 1973 date Appr~vedo July 9, 1973 driveway and that of his neighbor°sg Mre Bud Kienetz ®f 7144 14th Avenue, in that the curb cuts for their present driveraays cf approacianately 24 feet each, be made one continuous cut, approxianately 56 feet wide, With no dividing curb between the two drives,. with the stipulati®n that driveway be coanpletely surfaced (roan street back t® tae buildings, A11 ayes Carriedo 19 , Ad j®urna~ent, Motion by Jacobsen, seconded by Anderson, that the aneeting be adjourned, Tune t 11040 1~,Mo Carried, ~ ~~~~~~~ ~'~ `T'homas J, Mod City Clerk ~~ Mayer Manager ~~