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04-09-1951,... _ _ ' - ~' Council mutes Vi].].age of Richfield April 9, 1951 The Council of the Village of Richfield held its fixst regular meeting for April~on the 9th. All members were present. The President call®d the meeting to order. The Clerk read the minutes of the .last regular meeting held on March 26th, and those of the special m®eting held on A~I.1 2nd, Frith the Street Department employees and representatives of the Union Local Ho. 664. It Was moved by Gordon Bow®n and .seconded b~ S. M. I,ittle~ohn that the minutes be approved as read and authorised for°publication in the official organ for the Village. Carried. ... !~ Mr. G. L. Running, lt5~t6 Wentworth Avenue South, stated that he has a lot on 66th and Clinton Avenue South, which faces on 66th Street and Appl® Lane, with 100 frontage on 66th Street. The legal description of the lot is Lot 3, xa7.ph Mi.lner~s Addition. Mr. Rnnn~ wants permission to divide the lot so he can build two homes on property. There was no action take~.on.tha natter. - ... -- ~.1 Mr..Walter J. Rentl, 684 Ricollet 68~ and Mr. Dan PFiefer, 6901 Blaisdell asl~ed xhat could be done about the water situation on 69th Str®et between Nicollet and Blaisdell. They asked about for either a Storm Sewer surface. draining or fill to eleviate the situation. Ca$1 Johnson, the Street Commissioner, suggested that perhaps the Couaty could be induced to place a culvert across Bicollet to drain off the water. The possibility of a Storm Sewer Was discussed. No action was taken. - » ~~ Mr. Broback, 638 Stevens~Avenu® South has a lot bordering ohs ~irthur C. 74th Street from 3rd A~reuue to Clinton-. Mr. Broback -asked permi..ssion to divide the lot into four 60+ lots to be able to bu3.ld four homes. It was moved by - Gordon Bowen and seconded by Tom Walters that permission be granted. Carried. ..~• The President then called for bids on tires for the Street Departw~nt. The FoTloea3ng bids were presenteda R. R. Hansemann Co: _ 13~-21t 12 ply Goochgear Sure Quip Grader tires ® ~172.5A each, Tax X9.04. (6c~-90 days delivery. 1000-20 12 ply Goodyear H3~3.lers C~ X107. Sly, Tax X5.72. Mediate delivexq, n ° 825-20 1~ p1y Goodyear Hi-Affil®r ~ $68.68, Tax - X3.85. t2a3o days delivery.) Theis Bros. - (First Alternate Bid)°°• 4 - 1300:-2~.° 12° ply Pennsylvania Road Grad®r ° Tires at each X172.50. 2-- 1000-20 l2 ply Pennsylvania Truck Tires at each X107.84. ~ - 2 - 825-20 10 ply Pennsylvania Truck Tares at . i, each X68.68. •-• 2 per cent - 10 Prox. Thais Bros. - (Third Alternate Bid~°°' ° We Will supply on annual basis, new tires and tubes requ~ed by the Village of Richfield, at industries ' Mey aler prices, Price sheet attached. Use Coda Nunber. -•° ~~ -2- Theis Brothers - (Third Alternate Bid coned.) We wily also furnish the ®illage of H3.chfie3.d on annual basis, Tire recapping and fire repairing, at a 30 per cent discou~-t from indaatries prices. Pr3.ce sheet attach. . We will supply road service for the Qillage of rich= fields equi~ent, special runs - at X1.25 per trip. aegular Service Trips - ldo Charge. It was moved by Gordon Bowen and secpacled by S. M. Littlejohn that the' 3rd alternate bid submitted by Theis Brothers be accepted and that the Manager. and day©r be authorized to enter into a contract with said Co~pa~. Carried. - .~. a ~~ Mr. R. H. Peterson, 634 Irving Avenue south, asked the Co~mcil to take action on the petition for a Storm Sewer in area "~'". It was moved by S. M. Littlejohn and seconded by Tom~Walters that the Council hold a public hearing on Storm Sewer area "F" on May 7th, 1951, at 8 o~clock P.M. in the Council chambers at the Village Hall,.67Q0 Portland. Carried. .,. y~ Pir. A. L. Gilyard, 7!i!}!t Dupont Avenue .South, representing a group of people in that area asked what could be done about the water situation at 75th and Dupont Avenue South. dlr. Carl Johnson, the Street Comei.ssioner, promised to do what he could to,elewiate t2a® condition. ... ~~ Mr. Axel Atielsen, ~5 West ?6th Street asked for permission to remove dirt from the lake bed on his property and to be relieved of the requirement to refill but to leave it for a reservoir for the water. It was moved by Gordon Bogen and s econded by Tom Walters that the request be referred to the Attorney a~ to the Engineer. Carried, ,• . ..,•, . Mr. Wil]iam~G. Hutchinson, 77.ia5 Morgan Avenue South, applied for a 3.2 Beer license at66th and Lyndale at they Richfield Dtobby Shop. Fie was directed to apply for 1ic~sea needed and to appear before the council at their neat regular meeting. ... $ Mr. Bed Gardner, ?012 Portland Avenue South, appeared before the Council and compla3xi®d about x. W~ Skelton fi.].73.ng in his.prop®rty on the East side of 5th Avenue gad West side of Portland Avenue, definitely 7,owariag the property valves in that .area. It was moved by Gordon Bowen, mad second®d by S. ~4. Litt].e- 3ohn that Idle matter be referred to the Po7.ice Department with instructions to investigate the matter for infractions against the V~.Lage Ordinances. Carried. ... 9) Mr. Clew Burna,•.?539 Oakland and Nlr. B. H. Bork, 7526 Oaklandl tier from a question on the drainage of 76th Street anal Oakland Avenue. .Mr. A. Wesley Hyholm, ?533 Oakland, asking thm Council to consider the petiti~ for a Storm Sewer in that area, was read. by the Clerk. It was moved by Gordon Bogen and seconded by S. M. Little3ohn that this drainage problem be referred to the EY~gineer for study and that he report back to the Council on his findings. Carried. ... , iv~ It was moved by Eznest Iverson and seconded by Tom Walters that Wexleris plat be referred to the Engineer for study on the matter of the street gratis system in that area. Carried. ... //} The C]~erk was instructed to send a copy of the action to Mr. Wexler point- ing out the possibiiity of a change in the grad3n of the streets and asking Mr. Wexler to work in harmong with the Council on ~he matter. ~ -~ _ ~~ ~~~ Mr. Clayton Frageis, 6525 Standish Avenue South, stated that all the water- betweea~ 65th sand, 66th Streets on Standish drains oan to his .lot- because of the new road that was put ixi on Standish Avenue the past-year. He asked that the Co~mcil raise the lot to the level of the street grade. He stated that the lot now slopes towards his house. The Street Comaaaissioner was asked to dump surplus dirt on this lot. At this point, Mr. W. E. Carlson, of the Park Constr .etion Compaarl4y, offered to fill in the lot if Mr. Francis would furnish a dump man to direct where the dirt was to be placed. This was agreed to by Mr. Francis and no further action was taken by the CoTmcil. ... /~~ Mr. ~. E. Carlson, representing the Park Construction Cols r®qu®sted that the mo ey held back in Improvement District "1 A" in the amount of $756.00 b® reduced to ~350.~ and the remainder released to his company. Gordon Bowen suggested that perhaps flagstone should be used instead of sod 3.n that area. The Attorney thought that the contract could be changed to allow for this change. Tom Walters moved and Ernest Iverson second®d that only $250.00 be withheld. and that the remainder be released to the Park Constriction Company. Gordon Bowen moved that said motion be amended to read X350.00 and that the remainder be released to the Park Construction Co. Tom Walters withdrew his first motion, and seconded the aaaa<ended motion. Carried. ~~. .:. ~~ ie~s~tt~ti~,~~1t.~1l~~ee~ d~a~~~Mh~.~ie?ng with tie firm of NlaoGreg®r and Davis s . ,:. _ . SANITARY SEt~ ~ - - The oontract now in force with the fire of MacGregor and-Davis for engineering services relating to the construction of Sanitary Sewer is a contract dated November .25th, 191tb, . as aanended by as agreeaaaent dated . . April a}.t, 19.7• ~ - I am of the opinion that this contract, insofar as it has been acted upon by the parties thereto, is a valid and binding-contract. . ' ^ P., - By letter of dune 13, 19~?,~~'• George 'Sobers, Village Clerk, directed t~ preparation of plains and specifications for a sanitary sewer system, pursuant to authority of the.•council• . A preliminarg report on the sanitary sewer adeeds of the village was prepared, covering the ent3se villas®. Construction plans and specifications for Priorities 1 and 2 {so designated by the Federal Govern®nt) w®re prepared. « The engineering fee for the preparation of Priorities 1 and 2 was X152,138.58, this being 3 of the estimated coat of construct3.on. Of this amount ~;e government has loan®d X81,150.00, which has b®en paid to the engineers. The balance rem~ni ~..g, therefore, is the . su~xi of x,70,988.58. According to MacGregor and Davis, no federal loan will be available for this balance. ~~ Prior to the preparation of the plans and s~cifications above mentioned these engineers had prepared plans and specifications for connecting. with the City of Minneapol3.s. Both sets of plaa~s were presented to the Council on January 2~., 19.9, and specifications were r made ava3.l.able to the villase.~ MacGregor and Davis state that upon payment of the balance on the fees, these pleas and spec3.fieations may be used by the.vil7.age, without further participation by the engineering ~, fi.raaq. a 4 4 4 _~_ - MacGregor and Davis further state-that if the viTlags so elects, they will permit the village to provide for the "Supervisionof Construc- tions and will stake no claim for the l~~ fee for such supervision as pro- vided in the contract. The contract provided that the village will pay the engineers for the preparation of plans and specifications upon their completion. STORM SL'WER The contract now in force with the firm of MacGregor and Davis far engineering services relating to the construction of Storm Sewers within the village is dated November ].,~., 1q~.9. - I am of the opinions that this contract, insofar as it has been acted upon by the parties thereto, is a va]3d and binding contract. Macgregor and Davis state that they have made a preliminarg report on stork sewer facilities needed throughtout the village, that this report is now on file with .the village and available for use by the village, and that no compensation is or will be claimed for this report. Storm sewer districts ~-~ and Improvement District el-A" are not completed, and some fee is still dus for services rendered or to be rendered by them on these districts. Such fees are to be paid upon completion of the construction in these districts. The village council has. by resolution authorized the preparation of plans and specifications fcr districts C-3 and ~'. These plans are. specifications and completed. The estimated cost of construction of these t~ pro3ects is X80,000.00. The fee provided for this service is !~ of the estimated or actual cost of construction. - Based upon the estimated cost, the fee would be X3,600.00. This fee is not payable until the financing of construction has been accomplished. MacGregor and Davis state that they would permit .the village to provide for tt~ supervision of districts C-3 and F and that they could make no claim to the fee provided in the contract for supervision. I am of the ©pinion that the village is not bound to engage MacGregor and Davis to prepare the plans and specifications for other storm sewer districts within the village. MacGregor a nd Davis state that they share that opinion. WATBR SUPPLY The vontract now in force with the first of MacGregor and Davis for engineering services relating to the constriction of a water supply system is dated November ]:l~., 1949. I am of the opixi3.on that this contract, insofar as it has been acted upon by the parties thereto, is a valid and binding contract. Plans and specifications have been. ordered, prepared and approved, The fee for the preparation of these plans and specifications was 2a~ of the actual cost of constriction. Based upon the estimated cost of construction, the total fee is X137,543.10. Of this amount X101,900.00 has been paid from the proceeds of a federal loan. The balance owed is ~35,b43.10. This fee is not dus until the village has accomplished financing of construction. _~ 4 ~~ Macgregor and Davis say the village may undertake to provide supervision of construction as defined in the contract and they will make no claim for the fee provided in •~he contract for such service. ' STREET AND ALLEY IMPROVEf~NT The village has a contract dated November 7.P~., 1949 for engin®er3.~ig services by MacGregor and Davis'-for the grad3rig,.ps curb, gutt®r, sidewalks and other services. ~~ No action has been taken by the village council under this contract. I am of the opinion that the Village has no obligation~to engage MacGregor and Davis for the services provided for in this contract,, and Macgregor aril. Davis state that th®y share that op3n3.on. ° Clayton L. LeFevet~ _ 4illage Attorney ..• ~~ It was moved by Gordon Bowen that the Council thank the Attorney for the fine Sob done on the Memo and that the report be spread on the records when certain dates missing in the Memo have been filled in and when MacGregor and Davis have concurred. Seconded by Ernest Iverson. Carried. . ... !6~ The Attorney then read Ordinance No. 12.03 creating the office of Engineer: ' ORDINANCE NO. 12.03 AN ORDIAiANCE P'ROVTDING FOR AN QFFICE (E' ENGINEER AND FRAVIDING 1'OTr~ERS AND DUTIES T1'OR. The Village Council for the Village of Ri.chfi®ld do®s . ordain as follows: SF~CTION 1. There is hereby established an Office of Engineer, to bs administered and controlled by a Village Engineer, subs®ct to the control and direction of the Village Manager.• - ° SECTION 2. -• The office of Engineer shal]. be charged with t he fa]°i.owing duties; A. The Office of Engineer shall assemble or prepare such plans, specifications, blueprints, surveys,•plats, reports, maps profiles, chart, estimates, assessment rolls, and other records relating to public property or public improvements, as the council may by ordinance or resolution direct. B. Suoe,~,~r~.s3 on. The Office of Engineer shah. inspect and supervis® all construction, installation, repair or maintenance . projects undertaken by or on behalf of the village, and s ha11 take such measures with respect thereto as may be necessary to safeguard' the interests of the Village and to insure compliance with plans and specifications, ordinances, rules, regulations and laws per . twining t0 such pro~ecti5s C. Consultation. The Offic® of Engineer shall consult with, '~ advise and assist the village council and all other officials of the ~~ ~ l l e ra .,n ra~fli~i-_Raw~ ~.al fl~_i na 'tb A11p"~ PtAF37'111P. ~ ~ -6- - D. Reo_.. ° ~_ The Office of Engineer shall keep for the Village, a record of the.following; Real-property belonging to or used by the Village; plats of land within the village; traffic and street signs, street lights; grades and surfaces-_ of streets; public improvements within the village; special assessments; costs of construction of public improvements; and such other records plans, specifications, blueprints, surreys., estimates, reports, profiles, :charts and assessment..rolls as mag be assesmbled or prepared bg or on beha7~' of the v~.llage which perta~.n to public improvements or public property of the village. E. Related Danes. The foregoing list of duties shall not be regarded as e~clu~ive, but said office shall have such other duties related ar incidental, Cher®to as maybe necessary for t~ proper operation thereof.. SECTION 3. The Village Engineer shall have~aupernision of all personel end Eustodg of all property used and maintained for the purposes of such Office. - SBBTI(~ 1~. e This ordinance shall be in ,effect from and after its publication. It was moved by Cordon Bowen and seconded by Tom Walters that this con- - stitute the first reading of said ordinance. Poll of Votes: 5 Ayes. 0 Nags. The President declared the motion passed. ~~~ r ~~) It was moved by Gordon Bowen and seconded by Ernest Iverson that Ordinance No. 12.01, Providing for A Department of Health, A Health Officer, and Providing Powers and Dat3es Therefor®, be given a second reading. Ordinance No. 12.01 was r®ad.. It was moved bg Gordon Bowen and seconded by S. ~. Littlejohn that Ordinance No. 12.01 be adopted and that it be published according to law as such case made and provided. Carried. Poll of Votes: 5 Ayes. 0 Nays., The President declared the Ordinance duly adopted and ordered it published in such case made and provided by law. ~ ~ -... It was moved bg S. M. LittAe~ohn and seconded by Tom Walters that Ordinance No. 12.02, Provid3.ng for a Department of Streets and Parks arid. Providing .Powers f and Duties, Therefore, be given a second reading, a ~ i ~~~ Crdinarice loo. 12.02 was- read. It was moved by Ernest Iverson and seconded by Tom Tcdalters thaf~ Ordinance- ~To. 12.02 be adopted-and that it be published according to law as such case made axed provided. Carried. Poll of Votes: 5 Ayes.. ,.. ~ - 0Bays. . - - ,.., The President declared the~ordinauce duly adopted and`ordered it published according to law in such case made and provided. ~~ ~.: ... /9'E It was reported that the Board of Review for the Village of R3.chfield will 'nee at 9 o"clock A. M. on Thursday, duly•l,2th, 1951 at°hhe Co~cii chambers at :the Village Hall on 6700 Portland Avenue South. It was moved by Gordon Bowen and seconded by Tom ~alters•that the .:Clerk publish legal not3:ce of this meeting for three weeks preceding the meeting in the official organ-for the Village. Carried. •.. ... ~-®~Tt was moved by Cord©n Bowen and seconded by S. M. Little3ohn that the request of the Minneapolis Gas Company for installation of gas mains as indicated on 301 Igo. 136 and •137 be approved. Carried. . ,2~)The Build~in and Plumbin Ins ctor's r g g Pe ~ ~ ~ sport for the tenth of Larch was read by the Clerk. The report revealed 67 Building permits issued, valuation ~577y1~60.OO, X616.60 building fees;~1~7 Plumbing permits issued, ~31a.3.OO plumbing fees.; X959.60, Total fees. • It was moved by Gordon Bowen and seconded by Ernest Iarerson that the report be placed on file in the Clerks office. Carried. ~ ~ ~ . ... ~~ a Belief, report for then month of MarcY~ was read by the Clerk. The repo revealed four cases. X99+50 in orders were issued, X65.00 3.n orders :sere paid.. It was moved by Ernest Iverson and seconded by S. M. Littlejohn that the report b® placed on file in the Clerks office. Carried. • ... . 0~3~ It tAras moxred by Clarence Christian and seconded by Gordon Bowen that th® request Qf Mrs. E. Re~rnolds.for the use of Augsburg Park on Friday, June 8th for St. Peter's School carnival., be granted. Garri®d. ...- ~`~~ It was moved by Ernest Iverson and seconded by Gordon Bowen that the request of the Woodlake Lutheran Church for the use of Augsburg Park on Sunday, dune 2l~th, for a Sunday school picnic, be granted. Carried. ~~~ • - ~~ The Clerk then read two communications from the Building' and Plumbing °Depts. One requesting an extra man during vacation periods and°also asking~per~.ssion to start work at.7 o~clock A. M. and getting through at 3:30 o°clock P.M. from May 1st to September 1st, as many of the contractors keep this schedule during the summer months. It was moved by S, ~. Littlejohn and seconded by Gorden Bowen that the request be referred to the Manager for action. • Carried. .... - ~~~The cunication9 on the installation of water purifiers was read y by a Clerk. The Plumbing Inspector was•iaafvrmed that the present . Orrice was sufficient to enforce proper iastallat~Con. ~~ ... ~~ .~ 7 It was moved by S•. M: Little john and seoond®d by .Gordon • Bowen that :~ X15, .00 be transferred from the Liquor Stare Fund to the~~Park~Fund. ~ Carried. ~ - I ... ~i ~ ~r ~• 1~ It was moved by S. ~. Littlejohn and seconded by Gordon Bowen .that the Manager be authorized to add one fall.=time fire man to the Fire Department, at a salary of- - ~275.0o a month. Carried.: . ... ~9> A report that Leon Borby and Wife, wanted to give the Qi3lage the-Perpetual Event to Borth 2 of Lat 1, Block 2, Richfield Center far Storm, Sewer purposes. ~ was read by the Clerk. It was moved by Gordon Bowen and s econded by Tom Walters ' that the Village aocept this Easement. Carried. ... ,30, The Auger reported the estimate of cost on winch, 1000 pound capacity hand operated 110+ and 3~4" cab3.e to be install®d on the p3~ck-up track for Storm Sewer work at X158.00. It was moved by Gordon Bowen and seconded by- S. M. Littlejohn that the Clerk be suthoriaad to purchase this equipm~t. Carried.- ... j/ It was moved by Gordon.~owen sad seconded bg Clarence Christian that th~ Liquor Store Auger be instructed to see to it that no aut-of-town checks are casb~ed at the Liquor Store.. Carried. ... ,~ ~~The following Citizens + Committee WaL~ apppointed t0 study public utilities in a Vi3.lage of Richfield: Clarence Christian appointed: A~r.< Robert Cook, 7305 - 5th,. Lo. 0890 Mr. Earl, Mosiman, 7001 A~~x, ~• 4]:60 - ~A~r. Rag Reiten, b826 Fort].and, Lo. 7.49? Gordon Bowen appointed; Air. Tom. Kirchner, 6830 Bewtoa, Wh. 2397. Mr. P,at~ Colbert, 1st Bat+l. Bank, , 1308 W. 73rd, R®. 0806 Mr. Robt. Broad, 6701 L~dale, Co. ?340 Ernest Ivereon.appointed: Br. Fred Reller, 7321 Morgan, Wh: 8469 Mr. Sid Sanford, 700Q Portland,.Re. 4086 Mr. R, Dana Lundquist, 6736Queen, Wa. 3658 Tom Walters appointed: Mr. Donald Brner, 643.3-3rd, Re. 0342. Air. Iver lies,. 6504 Morgan, Wh. 7919 . Mr. Wm..Ebeltoft, 6701 Lakeview, War. 2498 5. M. Litt3.e~ohn appointed: Aqr. J.. E,. Cummings, ?5114 Harriet, P1. 8488 Mr._8oger Berglund,. 7320 Sheridan, T~h. 3903 - Mr..John E. French, 6645 Oliver, Wh. 4908 3 3 Mr. Maple and Barney O+Comie]1 requested that the Council send a letter to the Federal Hoes Administration stating that the streets Will be put to grade in the Bogen Addition at 76th Street between Bicollet and First Avenue South by Boeember lst,.1951. The Cler1C was instructed to send such a letter. ... ~ ~ Clarence Christian appointed Gordon Bowen, as a committee man to serve on the rtew Fark $oard Co.ttee to Work in con3unction With Mr. Gerald Fitzgerald in his survey of the Village Park and Recreational facilities.- Mr. Rag Monahan is to convene the committee. - ... . ~h) Agr. doe Cummings requested by Memp.that: _ _- A Professional Village-Planning Eng3.aeer be retained to develop a master 'plan for the village which would accomplish.the following. very necessary ob3ectives; The plan would indicate the most desirable and. practical way for the village to grow, Which would in. turn permit the V371age Council and the Planning Commission to direct that growth insofar as possible by the ,;~ r