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11-12-1951~~o VILLAGE COi~CIL NfEETING . November 12, 1951 - Pursuant to due call and notice thereof a regular meeting of the vi7ilaga Council of the Village of Lichfield, Hes~epin County, Minnesota was --duly called and bald at the vil7.aga Hall in said village on the 12th day of November, 1951 at 7:00 o+clock P.M. The following members ware presents Mayor Christians Trustees Bowen, Iverson, Ti~altars end Littlejohn, and the following members were absent: Hone. The minutes .of~ths regular meeting held on October 29, 1951 were rea} and corrected, Tt was monad by Littlejohn, gaco~ndad by Iverson that the minutes as ~orreetad be approved. Carried.,, ~~ ~ . 1. Mr. Raymond E. Nelson, 6837 Portland Anenus, appeared in his own behalf on the mater of his salary as a police officer of the vi~],aga. He stated that when h® was first appointed 3n aboutJ~3ne, 199 he was informed that when he had been employed by the village for six'(6) months ha would receive the same compen- sation as the other police officers in the Vile Police Department. A _ The following letters were read on the matter of Mr. Nelson+s appointment to the village Policy farce: A letter from C. Johnson, Chief of Police, to L. C. McManus, Secretary of the Police Civil Service Cat.ssion~ notifying the Comm3.ssion that "Raymond Nelsons the nearly appointed patrolman, will placed on regular police schedule beginning April 1, 1951."; another letter from the Police Chief to the Secretary of the Police Civil Service C~Lss3.on informing said Commission that, +'Raymond E. Nelson has successfully completed _ his probationary period as of October 1, 1951." There was considerable dis» cession about the time Mr. Nelson became a €ull-time-amployee of the village and whether or not has employment commenced prior or subsagt~nt to the adop» tion of the village Personnel Merit System Ordinance which was adopted Februax~r 26, 1951 and made effective as of .January 1,-1951. Mr. Nelson com- tended that ha became employed 3xi 1949 and should be given the consideration he said ha was promised at that time. - . _~ Trustee Bowan pointed out that. the acbption of the Personnel Ordinance created inequities 3n compensation as between certain employees and the Council should make ne®essary adjustments correcting these inequities. e . Trustee Iverson stated that, although the Council was not bqund by any statements of .personnel policy made by previous officers of the village, when an employee was led to understand he would be given axi increase in compensation the village should not let him down. It was moved by Walters, seconded'~y Littlejohn that the matter be re- ferred to the village Manager and the Chief of Police for imrestigation and report. Carried. 4 2. .fir. Lundell, 7721 Pillsbury Avenue ~., requested permission to construct an. additions size 10+x12+, to the building at 771 Pillsbury Avenue S. to ba used as aheat-treating room. a Moved by Walters, seconded by Iverson that-.the Mayor be authorized and directed to issue a building permit card for said addition subject to the a~aner + s fu11 compliance wltli the requ3.rements of the Building Ord~uance . Carried. s 3. Mr. D. E. Leslie, 209 W. 72nd street, appeared as spokesman for a group of residenfi~ from the vicinity of Augebvrg Park and requested a statement of~the Cauncil.ts intentions regarding the sale of part of said Faxk for industrial Purposes and the establishment by the V3.llage of an oil storage tank 3si the vicinity of th® Perk. t - ~ ~- The Attorney reported on ~® meeting with officials of Augsburg College regarding the restrictions in the contract for deed under which the V3.llage is purchasing the land from the College. These restrictions are Chats a. The Park must be named and referred to as Augsburg Park and ~n p ~ b. Any athletic facilities which maybe constructed must be available to the Coll®ge. The Attorney stated that the College did not wish to release. the: Village f+roffi these restrictions and that the same restrictions world no doubt be included in the final dedd to the property. ' Trustee°Bowen stated that the party that ~s interested ire the land had purchased land elsewhere and that since the Coll ge would not release bhe V319.age from the conditions in the contract there s no immediate danger of .the land being sold for industrial purposes. Regarding the possible constr:xctivn by the Vil7.a~ge of an oil storage tank in the same g1.ci.ni.ty the Manager stated that this was a centrally located area and that it would be more econom~3ca1 to use Village property than purchase other property..•There was considerable discussion=-as to the ,location of the tank. y ~ Mr. Siegfreid, Past President of F.T.A., stated that the residents were opposed because it would reduce the esthetic value of the property and t he truck traffic would be a hazard for the school children. The Manager pointed out that if the Village had such a tank it would purchase ail at a saving of ab~trvt x$10,000 a year. ~ ~ ° Several of the citizens present suggested other locations for such a tank. after considerable discussion as to the most.sui~table place for the Villag$ to establish am oil storage tank it was moved by Boer®n, seconded by tTalters and unanimously carried that-the matter be referred to the Village Engineer and Manager with instructions to investigate all the possible locations for such a~tank and report to the t~ouncil• Those present were asked to leave "their ° name and address so that they could be not3.fied when the report was to be made. Mr. Leslie stated that he had written a letter to the Village Manager regarding this matter and e~cpressed.his appreciation for the consideration at~d prompt action given his request as a citizen. !~. Mr. James Carroll, ?029 Augsburg Avenue, requested permission to construct an 8-car storage garage on Lot 3, Block 2~ Rat~'t+s Addition, Moved by Walters, seconded b~ Bowen, that the Mayor be authorized and directed to issue a building perm3.t card for said building subject to the owner+s full compliance with the requirements of the~Building Ordinance. Carr3.ed. e7~~ L.~ ~. Mr. Carl Johnson presented a certified check in the amount o`f $1,000.CO pany- ment in full for the property described as follows, to wStr That-part of the East Half (E~) of the Southeast Q~rter of Section Thirty-one (31), 3xi Township Twenty-e3,ght (28)' Range Twenty-four (2~.), described as follows: Comtaencing Three H~andr®d Thirty (330} feet South of the Northeast oorrier of-said tract of land,. thence running West Six Hundred Fifty (650) feat; thence South Three Hundred Thirty (330) feet; thence East Sig Hundred Fifty (650) feet; thence North Three Hundred Thirty (330) feet, to place of beginning, except the part taken fcr France Avenue. Mr. Johnson also left t~iith the Pillage Clerk a signed statement per- ~.tting the ~i].7.age to remove gravel and earth from said property until April 1, 1952. Tt was moved by Iverson, seconded by Walters that the check be accepted and the Pillage Attorney authorized and directed to prepare a deed ocnve~3.ng as of April 1, 1952 the above described property to Carl Johnson. Carried. 6. Trustee Bowen moved that the statement of Carl Johnson, referred to shrove, be placed on file. The motion was sedbnded by Walters and carr3.ed. 7. Mr. George W. Rice. 6708 Russell Avenue S., presented the following petition: PETITTt~T PROTESTING ISSHANCE OF ~.2 BEER LICENSE IN ~l03NfT~ OF AVENUE S. AND i~T 66TH STET. cL`ERg~s FILE BSI-P-i No one appearing in favor of the issuance of the license, it was moved by Iverson, seconded by Walters and wian3mously carried that the application for said license be rejected. 8. Mr. Fred E. Shemanek, Sr., 6715 lath Avenue S., requested permission to div3.de a 133' lot on ]jath Avenue S. betyreen 67th and 68th Streets into two _ lots of 70 and 75 feet. It-was moved by Littlejohn, seconded by Iverson that the Council offer no objection to the issuance of a building permit on the 70~ lot. Carried. 9. Mr. Ralph Hollenback, 67~ Nicollet Avenue S., requested permission to construct a commercial building 40~g 3(i~ on 66th Street near lst Avenue S. Moved by Walters, second®d by Littl®john that the Mayor be authorized and directed to issue a building permit card for said building subject to the ownerts full compliance with the requirements of the Building Ordinance. Carried. lO. `~Mr. Arthur C. Baker, l~20~. Chicago Avenue, presented a tentative plan of a c proposed plat of the area between ~.~h Avenue`s. and Portland Avenue ~d be- tween East b~.th street aril: East 62nd Street. Moved by Littlejohn, s®conded by Walters that the Council offer no objection to Mr. Baker submitting_a plat on the basis of the drawing ~re•• rented. Carried. 1.1-. 1~lr. Irving P. Jacobson, 7638 Lyndale Avenue 5~., requested permission to construct a commercial building at 7612-76L~6 Lyndale Avenue S. ~' ~.~ Mov®d b~ Bowen, seconded by Little~oYm that the Mayor be authorized and instruct~.d to issue a building permit card for said building sub3ect to_-~the owners full compliance with the requirements of the building Ordinance. Carried. 12• Mayor Christian prevented a request by Emil J. ~oetke for permission to divide two lots each 118.9 feet wide into four lots each to be about 59.5 feet wide. Moved by Iverson, seconded by Littlejohn that the Council offer no obe Sections to the issuance of building permits on-these 59 foot lots provided the owner comply with the requirements of the Building Ordinance. Carried. l3• The follo~ing applications for licenses were submitted to the Council by the Clerks a Name of Applicant Midwest Plumbing & Heating, 10901 Russell Avenue S. ®®rnon Es JOl]ilson~ ?100 Portland Avenue T~rpe of License License Fee Plumbing ~2~.00 Christmas tree sales `25.00 On motion of Walters, seconded by Littlejohn anct carri®d, the above 13.censes were approved, 12~• The Manager presented a report dated Novemberl2,1951 entitled Managers Re• port on Development of ViU.ag® Debt ~~November 12, 1951• phis report being lengthy and comprehensive the Manager presented each mem~r with a copy of the report and suggested that they take tame to study it before they discuss it• Trustee Bowen moved that the Village Manager be com~nd'ec~ for his efforts and the report be accepted as progressive. The motion was seconded by Littlejohn and tnimously carried. - 15, The Manager announced that the Architect had assured ham that the plans and o specifications for the addition to the`Village Hall would b® completed by November ~b~ 1951 and requested authority to prepare requests for bids on construction of said addition so that no time will be lost in getting con+• struction under way. , On motion of Bowen, seconded ?any Iverson and carried the Manager was authorized to callfor bids on construction of the addition to the Village Hall as soon as the occasi,,on arose. lb• The Manager announced that meetings of the~Council and Citizens Water and Sewer Committee with the Consulting Engineers world be as follows: November 13, 1951 at 6s00 P.M. November 19, 1957 ~ ,at 8s00 P.Eti. November 21, l9S>R at - 8sOE3 P.~'I• 17• The Manager reported on the meeting of the Ordinance Committee held on -November 6~ 1951 at wh3,ch tame a rough draft of a proposed Electrical Ordihance was studied.` The Manager stated that several groups have shown an interest in the proposed Ordinnance and would like an opportunity to be heard before the Ordinance be adopted. Trustee Iverson suggested that all F - ~~ those who may be affected by the Ordinance should be given ern opportunity to make suggestions.. The Electrical T~orkerst Unions Electrical Contractors and State Boaz'd of Electricity are interested in such an Ordinance and would like 'bo have an opportunity to make suggestions as to th®,prov3.s~,ons of such ate Ordinance. Trustee ~Talters suggested that a].~.nterested parties be noti- fied and instructed to submit their suggestions 3n writing to the Gouncil. The Manger suggested that after all ixterested partied were given an opportunity to offer their suggestions and a final draft of the proposed Ordinance were dramm up that it be submitted to the Board of Underwriters for revie~a and recommendation. Mayor Christian pointed out that such an Ordinances if adopted, is for the purpo~ of protecting the public and that care should be taken ao that if the Ordinauce were to be adopted it would accomplish this purpose. It was informally agreed that the Manager follow through on the above suggestions. d 18, The Manager also reported that at the meeting of the Ordinance Gommittee on Btorember 6, 1951 the promised Ordinance for regulating installation and use of gas'appliances and equipment was discussed. The Manager stated that the Committee thought the proposed Ordinance reco-®nded by the Gas CompaY~y was well drawn but additional provi.sionsregarding penalties might well be included, e At'ter considerable discussion it was moved by Iverson, seconded by Bo~,ren and carried that the proposed Gas Ordinance be referred to the Village Attorney for'furtYiter consultation with the Gas Company and report. 19, The Manager reported that a meeting of Village offidala to discuss the dog problems would be held at the xobbinsdale City Hall on November 28, 1951 at 8:00 P.M, It was moved by Bowen end seconded by Iverson and carried, that the` Ordinance Committee represent the-Council at said m®et3ngr 20, Pursuant to instructions of October 29~ 1951 regarding police escorts, the Manager reported that he was advised by the Chief of Pol.:ice that escorts were not being provided by Richfield police officers. 21, The Manager reoommended that the Council adopt a new order of business. He suggested that in order to facilitate the disposition of the many matters coming before the Council an agenda system be established. The Village Attorney uas informally instructed to prepare a draft of a ne~a Ordinance prov3.ding for this suggested new order of business. Until adoption of such ordinance the Manager was informally aa~thorized to prepare an agenda which`. would be considered between 7x00 and 8x30 P.M, ~2. The Manager presented a request from the Manager of the Liquor Store for a meeting with the Council Liquor C~om;nitt~e on the matter of compensation of certain Liquor Story personnel. ° The Council. 3nf'orma].ly agreed that this matter should be included in the proposed salary study. 23. The Manager brought up the matter of the proposed new street to be located between ?7th and ?8th Streets from Lyndale to J~ldr3.ch, stating that a grade should Bs established for said street, s It was mow®d by Walterss seconded by Iverson and aarrieds that-the Village ~rigineer estab]3sh the grade and submit same to the Council, 2~.. The Manager read Ordinance~Ho, 15.01 ~ORDINAI~TCE AT®, 15.01 ORDt.1~AlltfiE CREt~TtllTa A1~D DEFtlill~Ta ADMINTSTB.ATl~ e DE~ABTMENTS AND DI9TSTO~TS IA3 THE VTI~GE OF RICHFIELD The Village Council do ordain as followsa t SECTION L. Village I,~part~aents and Divisions. The following administrative departments and divisions are hereby created for the administration of the affairs of the Vil]age of Richfieldr L p A, Finance Departments This Department shall include a Clerk-s D~3visions ~ Treasurer-s Division, and an Assews~rfs Division. .The department shat.]. be directed by ethe Director of Financed who may be the same per- .son as the Village Clerk.. He shall be charged with organizings plannings admixiisterings and coordinating the financ3.al. activities of - the Via.lage. e c A-l. Clerk-s Division, Th3.s div~.sion shall be supsr~3,sed and directed y t V' ge Clerk. He shall have and exercise stick powers - and duties with respect to the conduct of electionss and keel ing of public recordsa and the accounting for and custody and disbursement of public funds as are~_required of village clerks by law, He shall b® the Secretary of the Village Council' the - Go~i.ssi:oner of ~.ection 8egistrat3.or~, and the deeper of all Villas records ®xcept those of a divisional or departmental gatura kept by other divisions or departments, and the cu~- todian ofethe Villag® Seal. A•2. Treasurer - s° Div asion. This divr3.sion st~atl ~ be under the dirsa- tion and supervision of the Village Treasurer, He shall have and exercise the powers and duties imposed open-v311age Treasurers bylaw, He shall receives account fora and dis•• bursa all money and securities of the Village upon proper authorizations and shall maintain a complete record of the funds aud.~inaneial transactions of>the Village. e e c A-3 Assessorr s Div3.s• on. This . d3.v3.si®n shall be dit~ected and supers e wised by the V loge Assessor. He shall have the powers and duties imposed upon assessors by laws and shall maintain records used for taxation and assessment purposes. B. Law Deaartm®r~t. The law d®pari~ent shall ba under the direction of the Village ttorney who shall be aacountable~ 3xi admin3.strative matterss to the Village Manager, He shall advise and assist the Councils Manager, and all other off~.cers of the Village on matters of law, and shall represent the Village in legal proceedings as requested and as Pequired by law. p C. Police Department. This department ~shat_1 be raider the direction and - supervision of -the Chief of Police. He shall be responsible for the preservation of public pease and order, the prevention and detection. ~s of crime, the a~aprehension of offenders, the protection of persons and propertys and the enforcement of law. D. Fare Department. This department shall be under the direction and supervision of the Fire thief. He shall be responsible for the prey gentian of f3ses, the protection of life and property from acid during fires the removal of fire hazards, and the rendering of emergency services for which his d®partment is ®quipped. ~. Psblic Works Department. This deparim®nt shall include as F~ngineer- ipg Divisions a Streets and Parks Division,. and an Inspection ~S.vision. This department shall be directed by the Director of Public WorIss, who mazy be the same person as the Village.~ngineer~ and he sha11 be re- sponsible for organizings planning, atul coordinating the work . of such div3.sions• 5•~.. Bngineering Division. This division shall be directed. and supervised by the Village Engineer who shall be duly registered end licensed to practice in the State of P~nesota. He shall advise and assist the Councils Manager, and-all-other offfreers of the Village on matters r~elatiag to eng3neering~ and.'shali provide such technical supervision and serv3.ce to other divi• sions or department as the Manager may direct. He sha11 pr®- pare or assemble and have custody of official ffia.~, reoordss special assessment rolls plans and sp~ecifica~tions, and . engineering and improvement documents of the Village and shall be responsible for supervision and inspection of con•• struction, installations repair or maintenance of Village pro~ectss unless otherwise provid®d.. E»2. Streets and Parks Division. This division shall be super- - se ec Superintendent of Streets and Parma. Hs shall be responsible for the maintenances repair, operation and improve of all Vil]age streetss alleys, parks, parkways, and public iiaprovements of the Village, unless otherwise pros - vided. - ~3s Ins ection Divi.sion• This division shall be supervised and ~_ directs, by a actor of Public Works who shall have under has direction and supervision such inspectors as may be necessary and authorized by action of the Council and approval of,the Manager. He shall be responsible for enforcement of all buildings plumbings beatings electricals and appliance . ordinances, codes, and laws, and such other ordinanc®s ar~d laws as are applicable to building inspections and sha]lissue all per~aits and perform a]1 duties i.n accordance therearith. F. H®alth Department. This department shall be directed and supervised ~y a cal ~ icer, ~o shaL be a licensed physician of~the Stake of Minnesotan He sha7.1 have and exercise all authority and powers and perform all duties imposed upon the local health officer by ordinance or state law. ~He shall be an ex-officio ;member of the Board of Health, and shall advise such Board on matters relating to Health. G. Municipal Liguer Store. This deparfianent,shall be under the direction and supervision of the Liquor Store Manager, and he shall ~ respon- sible for the operation of the Municipal Liquor Store of the Village. ~~ i€78 SECTIC~i 2. pillage Manager. -~ . The direction and superr3.aion of each depar~ent and division shall be subject to the supervision and direction of the Village Manager who shall be the chief administrator of the affairs of the Village. SECTION 3. Directoxs of Departments. ____ - - At the head of each department there shall be a director, who shall be an officer of the Village° and shall have supes~ision and control cif the depart scent, subject to the Village Manager. Two or more depar~aents maybe headed by the same individual, the Manager may head ona or more departments, and directors of departments may also serve acs chiefs of Divisions, •at the discretion of the Vi.7.lage Manager. SECTION ~. Additional Duties. The duties and responsibilities of divisional and departmental officers hereinbefore set forth shall not be exclusive, but each such officer shall be res~nsible for the maintenance of equipment and Supplies and the keeping of records and the tra~~i~g of personnel of his divi- sion or department, and for such other duties as-may be required of him by the Vi]5.age Manager, and each such officer shall fot~sulate or receive, and recom- r~ mend to the Village Manager proposals and procedures for the efficiezit' ad= - ministration of village affairs and the welfare of the peopZ®. SECTION 5. FPhis ordinance shall not be construed as conflicting with any Civil Service law or regulation. This ordinance shall be i.A effect from and after its pnblication.° Mov®d by Walters, second®d by Iverson that this constitute the second ° reading of said Ordinance. It was moved by Bowen, seconded by Walters that Ordinance No, 15.x1 be adopted and ordered published according to law. - - s Po11 of votes a ~ .Ayes - - 5 Nays .. «• 0 25. The Attorney read the following Ord3.nanc®. a AN ORDINANCE AMENDING ORDINANCE NO. 12.Q1 ENTITLED: A.N ORDINANCE TO ESTABLISH A POSITION-CI~SSIFICATION PL~ti, A COMPENSA~- TION P?~AN, A MERIT SYSTEM, AND A BASIC PERSONNEL POLICY FOR ~ VILLAGE OF RICHFIELD, ~ESOTA Copy of sa3.d Ordinance. on file in Clerk®s office. - Moved by Bowen seconded by Walters that this constitute the first reading of said Ordinance. Carried. m ° 26. The Manager read a letter from Mr. Jaanes~ A. Coles, 75s~l~. Stevens Avenue, stating .that when the street was being oiled on October 12, 1951 his home was splattered w3.th oil. The insurance compa~ with who#~ Colest property is insured re3ected his claim on the ground that the damage was not within t&e scoff of his policy. Coles desire is to recover from the Village ~r this damage: ~~8 On motion of Bowen, secorr].ed by Walters, and carried, the Glerk was directed to refer the matter to Mr. Rolland ScYiweiger, insurance agent, re- questing ham to act on behalf of the Village, It was azoved by Bowen, seoonded by 'falters that the Clerk also be 3,n« structed to inform the cla3maxit of the action taken by-the Co~mcil on the above clam. Carr3.ed. 27. The Manager presented a request from the Building Inspector for changes 3n the well-drilling and garage building regulations. Moved by Bowen, seconded by 1aTalters that t}~ matter be referred back to the Bu~.].ding Inspector with instructions to present his proposal in per- son so that he might give the reasons for the requested changes. Carried. 28eThe Manager read a letter from the Parks Construction Company requesting a h®aring on the matter cif adjusting the unit price for grading within Storm Sewsr District D-3 on the ground that ~t-he act°ua}. quantities were gbout 33~ less than the En,gineer~s estimate. It was moved by Welters, seconded by Little3ohn that the matter be re-. ferred to the Village Manager with instructions to write`a letter to~Mr. H. A. Dav~.s~ Consulting Rngineer, advising him to settle the matter in accorc~• ante with the provisions of-the contract. Carried. f: 29. The Clerk ,read the report of the po].3.ee Department for October. Moved by Walters, seconded `by Littlejohn that the report be placed on file. Carried. _ 30. The Clerk read .the report of the Relief administrator for October. Moved by Walters, seconded by Iverson that the report be placed on file. Carried. . A e 31. The Clerk read the report of the Inspection Division for October. Moved by Bowen, seoonded by_ I,~.ttls~ohn that the report be placed on file. Carr3.ed. 32. The Clerk read a letter from the ~TiLtage assessor regarding penaltiebr. and interest on species assessment against Woodlalce Lutheran Church. Trustee Verson introduced the following Resolution and moved its adoption: _ RESOLIITI~iT . 1~IEREAS, Woodlake Lutheran Church has made application for abatement of taxes on the following described properties in the Village of Richfield: 1. The west 163.81 feet of the South one-third of the North three*• eighths of the Southwest one-fourth of thb Northr~est ones-fourth of Section 33, Township 28~ Range 24. 2. That part of the`West 163.81 feet of the South one-fourth of the ATorth one-half of the Southwest one-fourth of the Northwest one« fourth of Section 33, Township 28, Range 2~., lying North of 73rd Street.