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05-05-1952
a3IG® -~a_~ MINUSES ADJOURi~D MEETING Village of Richfield May 5, 1952 . Pursuant to due call and notice thereof, an: adjourned meeting of the Village Council of the Village of Richfield, Minnesota, was duly held at the Vil- lage Hall in said Village on Monday, May 5, 1952. Members present: Keller, Iverson, Lindeberg, Shields and Walters Members absent: None 1. The Minutes of Previous Mee tan gs (a) The minutes of the adjourned meeting held Apri.1 25, 1952, were read aaa.d cor- rected. 11 Moved by Iverson, seconded by Shields that said minutes be approved. Carried. (b) The minutes of the regular meeting held April 28, 1952, were read and corrected. Moved by Shields, seconded by Keller ths.t.said minutes as corrected be approved. Carried. 2. Special Order (a) moved by Walters, seconded by Shields that the Council hear Mr. Burt Storm, Recreation Director, regarding policies as tp admission charges for attendance at spo"rte events in. Augsburg Park. Garried. (b) Moved by Iverson, seconded by Walters, that it is the po]a.cy of the Council that the public shall not be required to pay admission fees • to attend soft bal]: games conducted by the Village 8ecreation Department in Augsburg Park. Carried. (c) Moved by Walters, seconded by Keller that anyone using Augsburg Park during a time when lights are necessary be required to pay X6.00 per night to help defray the expense of ].ightang, the Village Council reserving the right to waive any and all such fees. Carried. (d) Moved by Iverson, seconded by :Shields that the lights in Augsburg Park be iaxrned off at ZO:00 P.M., each week day and that they be off all day on Sun- days. Carried. 3. Ordinances (a) Ordinance 3.172 Moved by Iverson, s eeonded by Shields that a ction on this ordinance be postponed unta.l the Mayor returns to the meeting. Carried. (b) Ordinance Amending Ordinance 3.271 The Village Attorney read an ordinance amending Ordinance 3.271, AN ORDINANCE AMEtVDIlVG ORDINANCE N0. 3.271 ENTITLED ~~AN ORDINANCE TO REGUT,ATE THE DESI(~T, CONSTRIICTION, INSTALLATION AND P~AINTENANCE OF SIGNS AND BILLBOARDS : PROVIDING FOR THE ADMINISTRATION AND E1V:. FO~RCEt~TT TH~EOF, AND PROVIDING PENALTI~ FOR THE VIOLATION THEREOF° Said ordinance on file in the Clerks s office ~'~ (1) Moved by Walters, seconded by Shields that said Ordinance b® asrseszded as follows: ~. > ~ °Secti.on 3. Section ~ - -ROOF SIGNS "B. Every such sign shall be either metal, metal clad, incombustible, open ~.re r or open metal sign, except that such sign may have letters, figures, characters, or borders of wood if such borders do not exceed four inches in width, and such wooden letters, figures or characters do rrot cover more Chars. twenty-five percent of the area of such sign, provided that in place of sheet metal, substitution may be made of the following material: Tempered prestwood or other similar materials approved by the inspection divisions having equal properties as to streng'sth' fire and moisture resistance." (2) Moved by Walters, seconded by Shields that this constitute the second reading of said ordinance. Poll. of votes: Ayes-5; Nags-0. Carried. (3) Moved by Walters, seconded by Iverson that said ordinance as amended be adopted and published according to law. Carried. !~. Special Use Permit -Used Car Lot at 70th Street &Nicollet Avenue Moved by Iverson seconded by Reller that the a ding Village Manager write a letter to Mr. L. C. Buzzard, 1221 Chicago Avenue S., Minneapolis, Minnesota, ad- vising him that his request for a special use permit to operate a used car lot at 70th Street and Nicollet Avenue had been granted at the regular Council meeting held ~;~April 28, 1952 subject to the conditions as set forth in the motion granting this permit. harried. ~. Ordinance {a) The Village Attorney read ordinance 3.172 entitled: AN fDRDIlVANCE PI~VIDIlV G F(7~R THE LICENSING AND REGULATIlV G THE SALE OF NON- INTO%ICATINGMALT LIQUOR It~T~THE VILLAGE OF RICHFIELD, AND REPEALIDIG PRIOR ORDINANCES RELATING THERETO Said ordinance on file in the Clerks office. {1) Moved by Iverson, seconded by Walters that this constitute the second reading of the ordinance. Po11 of votes: Ayes-~; Nays-0. Carried. {2) Moved by Iverson, seconded by Walters that Grdinance 3.172 be adopted and published i according to law. Carried. (3) moved by Walters, seconded by Lindeberg that all licensees under Ordinance 3.172 be furnished with a copy of said. ordinance. Carried. ~/~/~2 3~~ 6. Contract betxaeen Red Owl Store and Village of Richfield Moved by Walters, seconded by Shields that ~hi.s contract be given Clerks File No ~1 ~ and that the Mayor and acting Village Manager be authorized to execute said contract on behalf of the Village. Carried. 7. The Village Attorney read an amendment to ordinance 2.03, entitled: AN ORD11~1A~TCE Aii~tDING THAT CERTAIlV ®RDINANCE N®. 2.03 OF THE VILLAGE OF' RICHFIELD, PASSED THE 15th DAY OF JULYS 19J~]., AS SUBSEQUEa~TTLY AMELVDED, F~TTTTLED " AN ORDINANCE FO'R THE PURPOBE OF PR~IOTING HEALTH, SAFETY, ORDER, CONVII~TIE[~ICE, PR~PERITY AND GENERAL WELFARE BY REGULATI[~TTG THE LOCATION, SIZE, USE AND HEIGHT OF' BUILDINGS, THE ARRAiVGE:~~:ENT OF BUILDINGS AND LOTS AND THE DENSITY OF POPULATIQIT WITHIlV THE VILLAGE Q~F RICHFI~D, HENNEPIN COUNTY, MINN~OTA." Said ordinance on file in the Clerk's office. (a) Moved by Walters, seconded by Shields that this constitute the second reading of said ordinance. Poll of votes: Ayes-5,; Nays-0. Carried. (b) 1'~oved by Walters, seconded by Iverson that said ordinance be adopted and pub- lished according to law. Carried. 8. Special Order of Business Trustee Iverson moved for a special order of business to consider items not on the agenda. The motion was seconded by Shi.elds~ and carried. (a) Engagement of Faegre & Benson, Attorneys (1) Moved by Walters, seconded by Shields that the Village Attorney be and is hereby authorized to engage the law firm of Faegre & Benson to Mork with the Village Attorney in arriving at a determination of whatever obli.ga- Lion the Village mad -have to the engineerin g firm of i'~acGregor & Davis for plans for a sanitary sewer system. Carried. (b) Letter to MacGregor & Davis, Architects & Engineers Moved by Walters, seconded by Iverson that the Village Attorney be authorized and directed to write a letter to the engineering firm of MacGregor & Davis informing them that -the Village assimtes no obligation for any engineering services hereafter performed by them in connection r~ri.th plans and specifications for a sanitary s ewer system. Carried. t~~ tc) Tiissoluti.on of Cifi,3.zenst Advisory Sewer and Water Committee Trnstse filters introduced. the. following motion: "I move that the Council extend its collective thanks to its Advisory Citizens Sewer and Water Committee for its tireless and exhaustive compilation of facts and recommendations on the sewage and water problem. "The Council acknowledges it would have been extremely difficult to resolve a final plan of action without this necessary material. The decision to make appli- cation to connect to the Metropolitan Sanitary district through t~'!in' neapolis; and all mayor decisions ~rere based on material furnished by the committee, or facts which came out as a result of the Committee's action. "The Citizens Sewer and Water Advisory Committee has now completed its assignment and is hereby dissolved. The acting Max~.ager is so instructed to notify each committee member and express the Council's gratitude and commendation for a difficult task well executed. "Also notify the chairman to ianmediately turn over a7.~. files and letters to a representative of the °Village Government, either the. acting Village Manager or a representative of the Village Manager." The foregoing motion was seconded by Trustee Shields and unanimously carried. 9. Zegal Fees -Village Attorney Moved by Reller, seconded by Lindeberg that the Village Attorney be authorized to perform special legal services for the Village of Richfield in submitting a brief to the Attorney General on the question whether the properties of the North- west Airli~ies are taxable as leasehold or as real property. Carried. 10. Co~-~~n~ tY Center Fund • TrusteeIverson introduced the following resolution and moved its adoption: RESOZUTION BE IT`RFSOLVID by the Village Council of the Village of Richfield as follows: 3 5/5/52 1. That the Richfield Commcunit~y Center Fund Finance Committee be and hereby is authorized to collect contributions to the ©illage of Richfield from private donors where such contributions are made for the purpose of financing construction of a Richfield. Community Genter. 2. That such Committee is authorized to pay to the Village Clerk, and the Village Clerk is authorized to receive and accept such contributions so collected on behalf of the Village, from time to time, sash payments to the Village being made after deduction by such committee of reasonable expenses of collecting such contri- butions. 3. That such contxd°buti.ons so° received shall_ be placed in. a separate ac- count by the Village Clerk and Treasurer, shall be designated and reserved for the construction of a public community center building to be owned by the Village and built. on Village property, and such fund shall be used for no other purpose. 4. That it is the 3.ntention of this Council to devote tp the. construction of such co~n~ ty center building a sum of at least the same amount as the- amount of such contributions so received by the Village, not in excess of X20,000. 5. That the Village Clerk is authorized. to furnish certified copies of this resolution to federal and state taxing authorities for the purpose of establishing the income tax deductibility of contributions collected far such purpose by said committee. The motion to adopt the foregoing resolution ~s duly seconded by Trustee Walters, and upon vote-being taken -.thereon, all members voted in favor thereof, whereupon said resolution was declared duly- passed and adopted. 11. Federal Works Agency Loan Mayor Reller introduced the following resolution and moved its adoption: RESOLUTION ' TrtTHEREAS the Village of Richfield has received a Federal Works Agency loan for the financing of plans and specifications for a sanitary sewer system, and ° WHEREAS cer'iain questions. have arisen wa.th regard to the obligations and responsibilities of the Village of Richfield with respect to such loan, and, _ T~TIiEREAS it appears that the only feasable method of determining the final answers to those questions is by consultation by a Village representative with Federal Works Agency personnel and other public officials in Washington, D.C. NC~T THEREFORE BE IT ftESf}LVED by the Village Council of the Village of Rich- field as follows : ~ ' 1. That it is hereby found and determined to be in the public interest and for the promotion of the health, safet~r, convenience and general welfare that consulta~ci.ons be had between a village representative and Federal Works Agency personnel and other public officials in Washington, D.C« relative to the obligations and responsibilitiesof the Village of Richfield on its sanitary sewer planning loan. 2. That pursuant to s uch determination, one councilman to be designated by the P~ayor is hereby authorized and directed to enter into such consultations 5/5!52 - - ~ - - 3 as soon as possible; that said person shall keep an accurate account of his gaveling expenses 3n connection therewith; and that he be reimbursed by this village for such travel expenses necessardly, incurred in an amount not ~ to exceed X150.00. (a) The motion to adopt the foregoing resolution was duly seconded by trustee Iverson and upon a poll of vo teas all members voted in favor thereof. THEREUPON said resolution was declared duly passed and adopted. (b) Mayor Keller moved that Councilman ~a.7-tars be delegated ~n carry out terms of Paragraph 2 of the foregoing resolution. - The motion was seconded by Trustee Shields and unanimous]' carried. 12. Ordinance The Attorney read an Amendment to Ordinance 3.071 entitleds AN ORDINANCE AN~IDIDTG ORI9INANCE N0. 3.071 OF THE VTT,IAGE OF RTCHE'IELi9 E~TITLEDs pAN ORDINANCE CONCERNTDTG DONS. AND P$OVIDING FOR THE LICIl~ISING THEREOF - Said ordinance on file in the C1erkT s office. {a) lived by Walters, of said ordinance. seconded by Tverson~ that Nthi.s~ons artru~.edhe second read3.ng Poll of votes. Ayes.-5s y's fib) Moved by Tverson~ seconded 'by Keller that an amendment to Ordinance 3.071 be .adopted and published according fin law. Poll of votes : Ayes-5; No's-O.Carrri..ed. 13, Proposed Contracts for Street Improvements Trustee Iverson moved that the Mayor and acting Manager be authorised to execute contracts for street improvements in the following sub-divisions: Henry Thernell Addition - _- - --- A. G. Bogen Nico].let Avenue Addit3.on - Nicolle t Garden Igo t Th3.rd Addi t3.on ~~ J. P. E13.ason Addit3.on A. A. Rogers First and Second Addit~.on Fowler' s Addi t<f.on Carroll=s Additian The motion was seconded by Walters and. uzianimou.s3$ carried. NWved by Keller, seconded by Shields that the meeting adjourn. Meeting ad3ou.rned at 12:30 A.M., Maly 6, 1952• ``- illage Clerk