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03-12-1956r- a -- ._ ~', VILLAGE OF RICHFIELD Regular Meeting March 12, 1956 The council of the Village o£ Richfield met in regular session, b2onday„ Mar! 12,, 1956, in the Village Half 6?00 Portland Ave. at 7:00 P.M: Present: Wa113ck,,5hieids, Serstock~ Schultz and Ritteile Absent: None. Mayor Ritteii gave the invocation. 1. Minutes Motion bq Shields., seconded by I~allick~ that the minutes of the regular meeting of February 27„ 1956, be approved.. Carried. ~. Reports Motion by Shields, seconded by Wallick, that the followir~ reports be accepted and filed: Inspection Dept. Report -February 1956 C-4Q63 Hennepin County Relief Report -February 1956 C-4064 Carried. 3 ~Biii No. 1956-3 -Hook-up Charge Bill No. 1956-3 (Hook-up Charge) entitled: "AN ORDINANCE PROVIDING FOR HOOK-UP CHARGES iN LIBU OF SFBCIAL ASSBSSMBt~T5 POR VILIAGB PROJECT 1NQ. 308 ON LOT NINST~T (19) RALPH MILNBR*S ADDITION "~ was read bq the eettorney, the same being on file in the office of the Village Clerk. C-4065 Motion by Shields, seconded by Waliick~ that this constitute the first readix~ of B311 No. 1956-3. Po11 of votes: Ayes - ~ia113ck,, Shields, Serstockt Schulta 8~ Kitteli~ Nays - none. Absent -none. Carried. 4. Bill No. 195$-2 - (Zoning Amendment) Bill No. 1956-2 (Zoning Amendment') entitled: "AN ORDINANCH AM~iDII~ THAT CERTAIN ORDINANCE NO. 2.03 OP RICHFIELD, BIVTITLBD 'AN tItDINAAI;B POR THB PURPOSB OF PROMOTII~ HEALTH, SAFETY, ORDER, CONV~VIBNCB, PROSFBRITY AND -2- March 12, 195b GENERAL WELFARE BY REGU~b1TING THE USE OP LAND, THB LOCATION AND USS OP BUILDINGS, THE ARRANGEMENT OF BUILDINGS ON LOTS, AND THB DBNSITY OP POPULATION IN THE VILLAGB OP RICHFIELD, HENNBPTN COUNTY, MINNBSOTA~ AS FASSED 8Y THS VILLAGB COUNCIL THE 25TH DAY OP OCTOBER, 1954, AS SUBSEQUENTLY AMENDED"' was read by the Village attorneyA the same being on file in the office of the Village-Clerk. C-4066 Motion bq Shields„ seconded by Schultz, that this constitute the first read- 1 ing of Bi11 No. 1956-2, Po11 of votes Ayes - Wallick~ Shields, Serstock~ Schultz and Kittell. Nays - none. Absent -none. Carried. 4. Commercial Building Permit and Off-Street Parking - 7632 Lyndale Ave. Motion by Shields,. seconded by Schultz, that the application of Delmar Duell„ 7615 Dupont Ave. S., for a building permit to construct living quarters above their restaurant at 7632 Lyndale Ave., be approved. Carried. C-4067 Motion by Shields, seo~nded by Serstock~ that the off-street parking lay- out fox ?612 Lyndaie Avea be approved, Carried. C-4068 5. Commercial Buildir_v Permit and Off-Street Parking - 764$ Lyndale Ave. Motion by Wallick, seconded by S~:ields, that action on the application of S. D, Hanks, 2001 W, 67th St., for a building permit to construct a new building at 7648 Lyndale Avea, be deferred until the next regular meeting on March 26, 1956, pending further study and investigation of the off-street parking lagaut, Carried. b. Commercial Building Permit and Off-Street Parking - b23? Perri Ave.. Motion by Shields, seconded by Serstock,, that the application of C. H. Brace, 623? Penn Ave., for a commercial building permit to erect a building at 6237 Penn Ave. be approved, C-4069 Motion by Waliick„ secanded by Schultz, that the off-street parking layout be approved for 6237 Penn Aveb Carr.3ed. C-4070 -3- March 1Z, 1956 7. Hearing - Special Use Permit - 6527 Portland Ave.- Tt being 7:15 P.M., Mayor Rittell called for the hearing on the special use permit of Everett B. and Aiveda L. Byrd, 6231 Pillsbury Ave., and read the notice of hearing, (Drive-in at b52? Portland Ave.) Paul J. Bliss, attorney for the petitioners, appeared and spoke in favor of granting the permit, and submitted a petition bearing 23 signatures in favor of granting the permit, Motion by Shields, seconded by Schultz, that the petition of 23 signatures- in favor of the permit be filed and accepted. Carried. C-4071 H, E. Lundquist, 6520 Partiand Ave., appeared as spokesman for neighbor- 1 ing property owners and presented a petition bearing 21 signatures opposing the issuance of the special use permit for a drive-in at 6527 Portland Ave. Motion by Schultz,, seconded by Serstock, that the council accept and file the petition of 21 signatures opposing the permit. Carried. G4072 Gordon Sanders, 6444 Portland Ave., appeared before the council and spoke in opposition. Motion by Wailick, seconded by Shields, that the hearing be Closed.. Carried. Motion by Wailick, seconded by Serstock, that the application of Everett B. and Alveda L. Byrd, 6231 Pillsbury Ave. for a special use permit for a drive-in cafe at b527 PoxtlandAve. be denied. Carried. C-4073 $. Hearing -New Plat - 5mieja's 2nd Addition It being 7:15 P.M., Mayor Ritteil called for the hearing on the new subdivision of Smieja 's 2nd Adds Lion and read the notice of hearing. No persons appeared. Motion by Serstock,, seconded by Schultz, that the hearing be closed. Carried, ..4- March 12, 1956 Motion bq Wallick, seconded by Shields, 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.. IOS8 RESOLUTION APPROVING PLAT OP SMIE,jA'S 2iND. ADD« AUTHORIZING EXECUTION OF CONTRACT N0. 30b AND APPROVII~ CHBCK IN LIEU OP BOND C-4074 Poll of votes: Ayes - Wallick, Shields, Serstock, Schnitz and Kittell. Nays - none. Absent - none. Carried. This resolution appears as resolution #1055 in resolution book #7. Motion by Wallick„ seconded by Shields,. that the following resolution be adopted; that it be spread in the resolution book and that ~t be made ~ part of these minutes: RESOLUTION NO. 1059 RESOLUTION RELATING TO OFF-SITE IMPROVBMBNTS IN SMIEJA'S 2ND ADDITION Pall of votes: Ayes - Wallick, Shields, Serstock, Schultz and ~ittell. Nays - none« Absent - none« Carried. This resolution appears as resolution #1059 in xesolution book #?. 9. Set Hearing -Special Use Permit - 70S W. 77~ St. Motion by Shields, seconded by Serstock, that the council authorize the clerk to advertise a hearing on the special use permit of Robert Adelmann, ?642 Lyndaie Ave. for a new car sales and service at 705-09 W. 7?~ St., hearing to be Monday, March 26, 1956 at 7:15 P.M. Carriedr 10. New and Used Car Ordinance Motion by Shields, seconded by Schultz, that the manager and attorney draw an ordinance rely ting to the sale of new and used cars in the village. Carried. ... , ,..~ ~__.-. ):i i2F __. _.:"~_ .. A=:=... z -:i .,u: x.' .:.._ y ~::_.. _ .«. .~.~ ~. 1: ta~:_~- ..-., ., ..4 ..:. __.._. _.cv. ...n._ s c.a~..i...._..._..mt~_c_~c _.z_-_ ~: i 1 -5- March 12, 19: 11. Set Hearing-adjustment & Appeals - 63rd & Washburn -- 63rd & Xerxes Motion by Shields, seconded by Serstock, that the council authorize the clerk to advertise a hearing on the adjustment and appeals of F. R. Lein, 5939 Portland Ave. for Lots 14 & 23, Block 2, Lein's Richfield 2nd Add., and Lots 14, iS, I6, 17,_ 18, Block 1, Lein's Richfield 2nd Add. for permissi on to build multiple residences on lots less than 10,000 sq. ft., hearing to be Monday,, March 26, 1956 at 7:•15 P.M. Carried. 12. Village Project No. 327 - 1956 Sanitary Sewer Construction Motion by Wallick, seconded by Serstock, 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. 1060 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR VILLAGB PROJECT NOa 32? C-4075 Foil of votes: Ayes - Wallick, Shields, Serstock, Schultz and Kitten. Nays - none. Absent - none. Carried. This resolution appears as resolution #1060 in resolution book #7. 13. Village Project No. 330 - 19Sb Storm Sewer Construction Motion by Schultz, seconded by Wallick, that the following res+o~ution be adopted; that it be spread in the resolution book and that it be made a part of these minutes: RESOLUTION NO. 1061 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR VILLAGE PROJECT NO. 330 C-40?b Pall of votes: Wallick, Shields, Serstock, Schultz and Kitten. Naps - Wane. Absent - none. Carried. This resolution appears as resolution #1061 in resolution book #7. -6- March 12, 1456 14. Load Limits on Village Streets Motion by Shields, seconded by Serstock, 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 N0. 1062 - - - RESOLUTION RELATING TO LOAD LIMITR OF VBHICIB S ON VILLAGB STRBETS Po11 of votes: Ayes - Wailick,. Shields, Serstock, Schultz and Ritteii~ Nays - none. Absent - none. Carried. This resolution appears as resolution #1062 • i.n resolution book #?. 15. Contractor's Surety - Haeg Motion by Shields, seconded by Schultz, 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 N0. 1063 RESOLUTION ACCEPTING SAVINGS CERTIFICATB IN THE ' AMOUNT OF $4,500 AND RBLEASING SURETY BOND IN AMOUNT OF $4,600 FURNISHBD BY ST. PAUL b4ERCURY IP]DEMNITX CO. ON EVERGREEN GARDENS ADD. Poll of votes: Ayes - Waliick, Shields, Serstock, Schultz and ICittell. Nays - none. Absent - none. Carried. This resolution appears as resolution #1063 in resolution book #7. 1 16. Off-.Street Parking Agreement -~ Rutman Motion by Wal.iick„ seconded by Schultz, 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 NOS 1064 RESOLUTION APPROVING LAYOUT AND CONTRACT FOR OFF-STREET PARRiRTG IN ACCORDANCE t~VITH APPLICATION #56-3 CONTRACT #307 C-4877 ~, _ _ _. -7- March 12, 1956 Poll of votes: Ayes - Wailick, Shields, Serstock, Schultz andRittell. Nays - none. Absent - none« Carried. This resolution appears as resolution #10(x4 in resolution book #7. 17. Off-Street Parkin Agreement - Carroll Motion by Wailick, seconded by Schultz, 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« 1465 RESOLUTION APPROVING LAYOUT AND CONTRACT FOR OFF-STREET PARRTNG IN ACCORDAATCE WITH APPLICATION N0. 56-4 CONTRACT N0. 308 - Jahn T« Carroll C-4078 Poll of votes: Ayes - Wailick, Shields, Serstock, Schultz and Rittell. Nays - none. Absent - none« Carried. This resolution appears as resolution #1065 in resolution book #7. 18« Tax Delinquent Lands Motion by Shields, seconded by Serstock, 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 N0. 1066 RESOLUTION CIA SSIFYTNG TAX DBLINQUENT LANDS AS NON-CONSERVATION LANI?S Poll of votes: Ayes - Wailick, Shields, Serstock, Schultz and Rittell. Nays - none. Absent - none. Carried« This resolution appears as resolution #1066 in resolution book #7« 19« Authorizing Application for Conveyance o£ Tax-Forfeited_iands Motion by Wailick, seconded by Shields, that the following resolution be adopted; that it be spread in the resolution book and that it be made a part of these minutes -g.. March 12, 1956 RHSOLUTION NO. 106? R~OLUTION AUTHORTZI~ APPLTCATTON POR CONVL'YANCB OP TAX-PORPEITBD LANDS IN BLOCK TWBLVB (12? TTNGDALB BROS.' LINCOLN HTLL5 Poll of votes: Ayes - Waliick, Shields, Serstock, Schultz and Kittell. Nays - none. Absent - none. Carried. This resolution appears as resolution #1067 in resolution book #?. 20. Award of Bids The manager presented minutes of the bid openings on March ?th and March 8th, 1956 and a tabulation of bids on heavy equipment and air condi- tinning for the Village Kali with his recommendations for awards. Motion by Serstock, seconded by Schultz, that the minutes of the bid openings of March ? and March 8, 1956 be approved. Carried« C-4080 C-4080A Truck Box ~ H draulic Hoist -Bid #56-9 Motion by Shields, seconded by Schultz, that action on the bid for truck box & h~d.raulic hoist be deferred until the next regular meeting, March 26, 1956« Carried. Tractor & R~ o~~- Bro_„_ om with attachments -Bid #56-8 Motion by Wallick, seconded by Shields, that the council accept the bid°of Midway Tractor 8c Bguipment Co. for a sum of $2,995.00 as recommended by the Village manager. Carried. Motor Grader -Bid #56-3 Motion by Shields, seconded by Schultz, that action on the bid for motor grader be deferred until the next regular meeting, March 26, 1956. Carried« Pulverizer & Mixer - Bid #56-6 Motion by Shields, seconded by Serstock, that the council accept the bid of Borchert-Ingersoll for a sum of $9,800.00 as recommended by the Village manager. Carried. -q.. March 12 Ih56 One-half Tan Pick-u,~ Trucks (3) - Bid #Sb-5 Motion by Shields, seconded by Schultze that the council accept the law bid of Bob Knowles. Ford in the amount of $~,084tC1B as recommended by the Village manager. Carried. Sewer Rodding Machine - Bid #56-7~ Motion by Wailick~ seconded by Shields, that the council accept the recommendation of the manager for the bid of Municipal Equipment Co. for a sewer nodding machine in the amount of $4538.83, as in the opinion of the council there are no potential competitive bidders. Carried.. Winter Ventilating & Summer Air Cooling Floyd Hart, b208 Wentworth Ave.,, representative of the North Air Con- ditianing, protested the award. Motion by Wailick, seconded by Shields, that the council defer action on the bid of winter ventilating and summer air cooling for the village hall until the next regular meeting to enable the manager and engineer to investi- gate the type and suitability of equipment to be furnished. Carried, 21. Proposed Gasoline Service Stat~.on,- 2901-05 W. b6th St. Pursuant to council action of the previous meeting, the Vii]a ge manager presented reports an the special use permit of B.B.L. Eckberg, 2915 Nicollet Ave., for a gasoline filling station at 2901-05 W. 66th 5t. as follows:. 1. Report of Engineer and Chief of Police C-4081 2. Report of Assessor. C-4082 3. Report of Dewey Newcombe C-4083 4. Letter of Pire Underwriters Inspec. Bureau C-4084 ,,,~ Motion by Wallick, seconded by Shields, that the above mentioned reports be accepted and filed. Carried. -10- March l2, 1956 22. Improvement of Penn Ave. 82nd to 88th St. Pursuant to council action of March 27, 1958, the village manager pre- sented the following report on the improvement of Penn Ave. from 82nd St. to 88th St. A letter from the Hennepin County Highway Department dated March 5, 1958, re. Improvement of SAR No. 38, Penn Ave.--62nd St. to 88th St., and a letter from the Iennepin County Highway Department dated March 7, 1958, enclosing three copies of "preliminary cost estimate" on the above mentioned project. Mohan by Shields, seconded by Schultz, that the two letters from the Hennepin County Highway Department dated March 5th and March 7th, 195b, respectively, be accepted and filed. C-40$5 C-4088 23. Federal and State Highway Programs -- Mayor Kittell reported that he had attended the emergency conference on Federal Highway Program called by the American Municipal League relative to highway programs. 24. Letter - Y.P.W. Post #5555 Motion by Wallick,, seconded by Shields, that the letter from the d.F.W., Fred Babcock Past No. 5555, relative to their intention to operate a bingo game be filed. Carried. C.-4087 25. Letter -American Legion Post #435 Motion by Wa1li,ck, seconded by Shields, that the letter from the Ameri- can Legi®n Post #435 relative to their intention to operate a bingo game be filed. Carried.. C-4088 28. P..T.A. Request to Operate a Sound Truck Motion by Shields, seconded by Schultz, that the request of the Central rl iw 1 March 1~, 1956 P.T.A. to operate a sound truck on April 28, 1956, be granted and that the usual fee be waived. Carried. C-4089 27« Richfield Little League, Inc. ~~ Mayor Kitteil read a letter from the Richfield Little League, Inc. requesting permission to erect a baseball diamond on the village-owned land east of Cedar Ave. Motion by Shields, seconded by Waliick, that the council grant permis- Sion that a baseball diamond be erected, location to be determined at a later date, and that the letter dated Pebruary 29, 1956, from the Richfield Little Leagues Inc, be filed. Carried. C-4090 28. Estimate - Village Project No. 308 Motion by Wailick, seconded by Shields, that the following estimate be allowed: Walter Giertsen Co. V.P.308 Contract #266 Pinal estimate $92,234.09 Carried« 29. Licenses Motion by Wailick,. seconded by Shields, that the following licenses be granted: Renewal Cervin Electric Co. 5253 Xerxes Ave. Electrical Renewal Stein Plumbing Co. Shakopee ~ Plumbing Renewal Friendly Sales Co. 2445 4th Ave. S. 2 Pinball Machines Renewal National Amusement Co. 3541 Glenhurst Ave. Kiddie Rides (P enn Center) (Teens & Tot's) Hub Hobby Shop)(Snyder's Drug) (S.S. Kresge,) New Canteen Co« 2291 CharlesSt« (StP) Cigarette New Richf field Bloomington Shell 6545 Portland Ave. Soft Drink-Cigarette Renewal Mei's.Pure Oil 6601 Portland Ave« Soft Drink-Cigarette New Penn "6b" Shell Service 66th ~ Penn Soft Drink Renewal Latham's Drive-In 7639 Lyndale Ave. Food, 5f t. Drk, Cigarette Renewal Kiddie Korner 65th & Lyndale Soft Drink Renewal Colonial Lodge Motel 7745 Lyndale Ave. Soft Drink,32 Motel units Renewal LaBeau Novelty Sales operated pool tables 1902 University Ave. 1 music box & 2 coin at Huber's corners --- Music box at Da.ix~ciand Renewal Brnie's Service 6600 PortlandAve« Soft Drink 1 i~ew byndale Hardware Renewal Freden•s Fairways New Geo. A. Wright New Woodrow W. Cates New Norman H. Stensager C Carried. -12- March 12, 1936 6628 Lyndale AveY Soft Diiii&: ?501 Lyndale Ave. Soft }~in~i. Dxivitlg Tee & Miniatui~+~ Gioif 752 12th Ave.. # 45 Cab D~~.Ve 10625 Humboldt Ave. #46 Cab Drive 116 W. 78th St. #44 Cab Driver 30. Claims & Payrolls Motion by Shields, seconded by Wailick, that the following claims and payroll be allowed: RICHFIELD STATE BANK w? Checks #1945 - 2030 $54,823.74 Payroll -Checks #3458 - 3578 17,767.08 NORTHIM1IESTERN BANK OF BLOOMINGTON Checks #276 .. 277 g2,274~g7 Carried. 31. Adjournment Motion by Shields, seconded by Wallick, that the meeting be adjourned. Carried. i APPROVED: March 26, 1956 s Paul H. auge Village Clerk