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06-11-1956 1 VILTAGB OF RICHFIELD Regular Meeting June 11,, 1956 The council of the ~niila;e of Richfield met i,n regular session in the Village Nail, 6700 Portland Ave., Monday, June 11, 1956, at 7:00 P.M. The meeting was tailed to order by Mayor Kit tell. Present: Wallic~c, Shields, Serstoc~C, Schultz and Kitteli. Absent: None. Reverend Singes gaare the invocation. 1. Minutes Motion by Shields, seconded by Schultz, that the m3.nutes of the regular meeting of May 2$, 1956 be approved. Carried,. 2, Reports Motion by Shields, seconded by Serstoch, that the following reports be accepted and filed: Liquoz Store Report April,. 1956 C.418S Hennepin Co. Relief Report May t 1956 C,r4186 Inspection Depte Report May* 1956 C«418? Carried, 3. Hearing » Rezoning - 6445 Nicoliet Ave. w'~• ~~rr^q~1q/~f~l~r~w+r1 Mayor Kitten called for the problem of rezoning 6445 Nicollet Ave. which had been continued from the last regular meeting Robezt Johnson, 6421 1st Ave. S., appeared as representative of property ' owners in the vicinity who ase opposed to such a change in zon~g: MrR Johnson presented a petition containing 26 signatures setting forth the residents • ob,~ections. Norman S.. Vigen, 6309 11th Ave., applfcant~ appeared in his own behalf. Madan by Shields, seconded by Wa11iCk~ that the petition containing -2- June 11~ 1956 26 signatures of residents opposing the proposed rezoning of b44S Nicoilet Ave. be filed.. Carried.. C-4188 Motion by Shields,. seconded by Wallick, that the request of Norman S. Vigen,, 6309 11th Aveli to r~zane 6445 Nicoliet frorl:nultiple dwelling to cos~mercial tie denied.: Carried. 4. Hearing ., ~~4 Midget Race Track.- Rezonin It being 7:15 $rMil, Mayor Kitten caked for ~he hearing on rexonirig of propertq at 20th Ave. and 70th St. for a 3/4 Midget Race track and read the notice of hearing. The following appeared in favor of the application: Robert Powdreii - 7133 Portland Ave. t~iliiam Pearson - 6641 - 14th Ave. S. Motion by Waliick~ seconded by Serstock, that the cauncii authorize the- manager, eng~,neer and attorney to negotiate a contract for the use of a park area at 70th and 20th Ave. 5. with 3/4 Midget Racing Ass*n Rnd to present the contract for the council*s consideration at the next regular meeting. Carried. 5. Hears gr~-Village Pro,~eet No. 329 ....,...r.. ------ It being 7:15 P.M., Mayor Kitteli called for the hearing on street grading of ?7th St. between Chicago Ave. and Biliot Ave. and read the notice of hearing. Reverend Singea, House of Prayer Lutheran Church, appeared as repre- sentative of the church. Motion by Wallick,. seconded by 5erstock,, that the hearing be closed.. Carried.. 6. Hearing - Rezoning ~ 710U Parl,_ k Aye_, It being 7:15 P.M., Mayor 1Cittell called for the hearing on the re+ zoning of 7100 Park Ave. and read the notice of hearing. 1 1 1 -3- June 11, 1956 John Butler, 7113 Oakland Avee., appeared as spokesman for a group of property owners opposing such a change of zoning classif ication. Mrs. Esther Burwell, 7101 Park Ave., ~ plicant, appeared in her own behalf. John H. Aose, 7115 Oakland Ave6, appearedL Motion by Wallick, seconded bq Serstock, that the hearing be closed. Carried. Motion by Wt~llick„ seconded by Serstoc&~ that the council deny the re- quest of Mrs. Bather Buiweii~ ?101 Patk Ave, 'Co rezone 7100 Park Aver frdtn residential to multiple dwelling on the bes~.s that the neighbo~hobd has been zoned for single familq dwellings and should remain as such.. Carried. 7. Hearing - Rezoning - 76th St., Morgan Ave. to Newton Ave.. It being 7:15 P.M., Mayor Kitteii called for the hearing on the rezoning of property located on 76th St. between Morgan Ave. and Newton Ave. and read the notice of hearing. Roy Strandmark,, 2000 W. 76th St., appeared as representative of ail three applicants, (William Wright„ 2018 W. 76th St~., Oliner N. Hegge, 2006 W. 76th St. and Roy Strandmark„ 2000 W. ?6th St.) No persona appeared in opposition. Motion by Wal lick,. seconded by Shields, that the hearing be closed. Carried, Motion by Wallick, secancled by Shields, that the council authorize the attorney to prepare an amendment to Ordinance No. 2.03 embodying such a Changes Carried. C-4198 8. Hearing - Special Use Permit - 6600 12th Avee S. It being 715 P.M., Mayor Ritteii called for the hearing on the special ~_ June il, 1956 use permit request of James A, Jerpbak, 400 t~V. 66th St. for a gasoline service station at 6600 12th Ave. S. and read the notice of hearing. ~I. W. Marshall appeared representing the applicant. No persons appeared in opposition. Motion by Shields, seconded by Schultz, that the hearing be continued anti]. the next regular meeting, June 25, 1956f Carried. 9. He rin - Ad'. .meat & eai ~- Setba k of Cara e ~ ~~45 Bioomi~i ton Aver. It being 7:1~ P~M~, Mayor Ritteii czllldd for the hearring an the request . ! of Mrs. John A. Pord, 7445 Bloomington Avej~ for a variation in side ye.rd set back for a garage, and read the notice of hearing. John A. Ford, 7445 Bloomington Ave., applicant, appeared in his own behalf. No persons appeared in opposition« Motion by Shields, seconded by Serstock, that the hearing be closed. Carried. Motion by Serstock, seconded by Schultz, .that the council grant the request for a variation in side yard set back for a garage to be constructed at ?445 B loomington Ave. Carried. C-4189 10. Hearing - Vacate Colfax Aver-73_rd to Oak Grove Bivd. It being 7:15 P.M., Mayor Rittell cal]e d fox the hearing on the vacat- ing of Caifax Ave. between 73rd St. and Oak Grove 81vd. and read the notice of hearing. Edward L. Matchan, 7233 Oak Grove 81vd., applicant, appeared, No persons appeared in opposition. Motion by Wailick, seconded by Shields, that the hearing be closed, Carried. Motion by Shields, seconded by Serstock, that the following resolution -5- June 11, 1956 1 be adopted; that it be spread in the resolution book and that it be made a part of these minutese RESOLUTION NO. 1120 RESOLUTION VACATING A PORTION OF COLFAX AVENUE FROM OAK GROVB BLVD. TO 73rd STREET 1 1 Poll of votes: Ayes - Waliick, Shields, Serstockfi Schultz and Kitten. Nays + nonel Absent + none. Carried. This esolution appears as resalu~ tion No. 1120 in resolution boob ~7. il. Hearing - VacateiAlley in Bloc$ 6,, Lyndale Oaks Addition Tt being 9:15 P.M., Mayor Kitten calked for the hearing on the vacat- ing of the alley between Lots 18 & 19, Block 6, Lyndale Oaksi and read thL hotiee of heaicing. Gust Fat 1den, 6429 Lyndale Aver, applicant, appeared in support d€ h3.s request. No persons appeared in opposition. Motion by Schultz, seconded by Serstock, that the hearing be closed. Carried. 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: RESIaLUTTON NO. 1121 RESOLUTION VACATING PORTION OF THE ALLEY TAT BLOCK 6, LYNDALE OAKS ADDITION Poll of votes: Ayes. - Waliick~ Shields, Serstock, Schultz and Kitten. Nays - none. Absent - none. Carried. This resolution appears as resolution #1121 in resolution book #7. 12. Hearing - Land Dividion - 6834 Chicago Ave. Tt being 7:30 P.M., Mayor Kitten called for the hearing on the land division of 6834 Chicago Ave. and read the notice of hearing. ---- - ...: _ ~ __ - ..:al...., .. -6- June li, 1956 John H. Vinge, 6834 Chicago Ave.,. applicant, appeared. No persons appeared in apposition. Motion by WallickA seconded by Shields, that the hearing be closed. Carried. Motion by Serstock~ seconded by Schultz, that-the council grant the division of the north 101.28 ft, lying north of the ~ uth 130 ft. of Lot 4, Block 1, Portland Avenue Acres (6834 Chicago Ave:) doll of +vatesf Ayes ~ Serstock, Schultz and Kittell. Nays ~ Wallick and Shields, Carried. C-4190 13. Hearing - Land Division - 6848 Third Ave.- xt being ?:30 F.M., Mayor Rittell called for the hearing on the land division at 6848 Third Ave. requested by Leon H. Norby, 70 Dyer Ave., Deiawanna, N. J., and read the notice of hearing. Motion by Shields, seconded by Wa113ck, that the hearing be close. Carried.. Motion by Shields, seconded by Wallick, that the council grant the request of Leon H. Norby„ 70 Dyer Ave., Delawanna, N. J., to divide Lot 1, Block 2,, Richfield Center Addition {6848 Third Ave.) Carried. C-4191 14, Bids - Pire •Truck The manager presented minutes of the bid opening for the fire truck on June 6, 1956, together with a tabulation of bids and recommended that the award be made to Minnesota Bare Equipment Co. at the low bid of $8,335.00 with no trade-in, and a further recommendation of selling the old fire truck to the highest bidder, Savage, Minnesota, at a price of $2,750.00. Motion by Schultz, seconded by Wailick, that the minutes of the bid- 1 -?- June 11, 1956 opening of June 6, 1956, be approved and filed. Carried. C-4192 Motion by Wallick, seconded by Shields, that the council eo recur in the recommendation of the manager and award the low bid. on the fire truck to Minnesota Fire Bqui~i~ent;Cp, at $8,335.Ob ahd the sale of the old fire truck to the highest bidder,. Savage, Minnesota, at $2,?50.00. Carried. 15... Bids - Tennis, Courts aryl Chain Link Fence The manager presented minutes of the bid opening foz the surfahin$ of two tennis courts in Augsburg Park and chain link fence for two tennis courts together with a tabulation of bids, and recommended that the award ' be made to Carlson-Lavine for surfacing of the tennis courts and the con- tract for fence to Cyclape Fence Co. Motion by Shields, seconded by Schultz, that the minutes of the 1 bid-opening of June 5,.1956, be approved and filed. Carried. C=4193 Motion by Wallick, seconded bq Shields, that the council concur.in the recommendation of the manager and award the contract for. surf acing of two tennis courts to Carlson-Lavine for $6,670.24, and the contract for fence for two tennis courts to Cyclone Fence Co. at $1354.00. Carried. ib. Commerarial Builch n~ Permit - 6545 Cedar Ave. Mayor Kitteil called for consideration of the application of N arty bong, 6545 Cedar Ave., for a building permit to remodel the existing bugld- ing at b513-i5 Lyndale Ave. for a restaurant which application was continued from the last meeting. Motion by Wallick, seconded ;~y Shields, that the council deny the request of Harry Wong, 6545 Cedar Ave., for a building permit at 1513-15 Lyndale Ave. S. Carded. C-4194 ~,__~_m..-~ -8- June 11~ 1956 ~I 17. Bill No. 1956-6 (Dealers in iViotor Vehicles) A bill entitled "AN ORDINANCB TO LICBNSB AND REGUTATB DTsALBRS IN MOTOR VEHICLES IN THB VTLIAGB OP RICHFIELD, HBNNBPIN COUNTY,~NIINNESOTA" was read by the Village attorney,, the same being on file in the off ice of the village clerk. C-4174 Motion by Schutt z, seconded by Shields, that this constitute the second reading of Bill No. 1956-6. Poll of votes; Ayes - Waliick, Shields, Serstock~ Schultz and Rittell. Nays - none. Absent - none. Carried.. Motion by Schultz, seconded by Waliick, that the council adopt k:iil No. _~ 1956-6, that it be spread in the ordinance book, .that it be published in the official newspaper and that it be made a part of these minutes. Poll of vote~a Ayes -Waliick, Shields, Serstock, Schultz and Kittell. Nays - none. Absent - none. Carried. 18. Land Division _~ueen Ave. & 74th St. The manager reported on the matter of a land division on the north 106.3 f t. of south 130 f t.. of west 130 f t. of east 1/4 of SB1/4 of NB 1/4 of Sec. 32, Twp. 28„ R. 24, (7341 Queen Ave. S.), and the issuance of build- ing permits. The manager read a memorandum from the chief inspector dated June S, 1936. A discussion followed. Motion by Wallick, seconded by Schultz, that the council authorize the 1 Inspection Division to issue building permits on the property known as ?341- 4S Queen Ave. Carried. 19. Special Use Permit -Church An application for a special use permit for a chffirch on Lots 1, 2, 3, 4, Block 13„ Forest Lawn 5th Addition (?300 to 7320 Humboldt Ave. S.) was 1 -9.. ~ Jane ~.1~ 1956 presented, application submitted by John B. Bloomberg Trustee o' the Central Church of Christ, 6020 Idylwood Drive,, Edina, A~iinn, Motion by Shields, seconded by Serstock,. that the council authorize the clerk to advertise a hearing on the special use permit for a church at 7300 to 7320 Humboldt Ave. S., hearing to be Monday,. June 2S„ 1956, at 7:15 P.M, Carried. 20. Grading of Garage Site - 6637 Thomas Ave. VI1. F. Prepejchai, 6637 Thomas Ave., appeared relative to his request for the grading of a garage site in conjunction with Village Project No. 148. A discussion followed. Motion by 5erstock, seconded by Schultz, that the Council accept the offer of Mr. Prepejchal to provide fill dirt to the Village of Richfield to be removed from his premises at 6637 Thomas Ave. at no cost. Carried.. 21. S ecial Use Permit - Gasoline Service Station - b5t?0 Cedar Ave. Mayor Kitteii calleed.for consideration of the special use permit of Ralph. Farnsworth, 2948 Nicollet .eve., action on which had been deferred at the meeting of May 14, 1956. Ralph Farnsworth„ Jr.~ 2948 Nicollet Ave., appeared. The manager. reported that complete plans had been submitted as was requested at the meeting of May 14, 1956. Motion bq bdallickA seconded by Serstock, that the council grant the request of Ralph Farnsworth, 2948 Nicollet Ave., for a special use permit to operate a gasoline service station at 6500 Cedar Ave* Poll of votes:. Ayes - Gt-allick, Serstock, Kittell. Nays -Shields and Schultz. Absent - none. Carried. C-4195 fJ -10- June 11, 1956 22. Additional Entr~r and Off-Street Parking _ Hope Presbyterian Church Motion by Wallick,, seconded by Shields, that the council defer action until the next regular meeting on the application of the Hope Presbyterian Church for an additional entry in their chatrch and off-street parking, so that a representative of thy: church may be present. Carried. 23« Grading of ?7th St. - Chicago Ave. to Blliot - V. P. #329 Motion by 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 N0. 1122 RBSOLUTTON ORDERING IMPROVBRIBNT AND PREPARATION OP PLANS AND SPECIFICATIONS POR VILLAGE PROJECT NO« 329 Poll of votes: Ayes -iNallick, Shields, Serstock, Schultz and Ritteil. Nays - none. Absent - none. Carried. This resolution appears as resolution #1122 in resolution book #?. 24. Approving Plans - Village Project #329 Motion by 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 N0. 1123 RL'SOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMfiNT POR BIDS FOR V. P. #329 C-4196 Po11 of votes: Ayes - Waliickp Shields, Serstockp Schulta and Kittell. Nays -none. Absent - none. Carried.. This resolution appears as resolution #1123 in resolution book #?. 25. Cancelling Special Assessments on Certain State of Minn. Property Motion by Wallick, seconded by Shields, that the following resolution -li- dune 11, 1956 be adopted; that it be spread in the resolution book and that it be made a part of these minutes: RESOLUTION N0. 1124 RESOLUTION CANCELLING SPECIAL ASSESSMENTS ON CERTAIN STATE OF MINN&SOTA PROPERTY Poll of dotes: Ayes -~ Wallick„ Shields, Serstacka Schultz and Rittell. Nays - none. Absent - none. Carried. This resolution appears as resolution #1124 in resolution book #76 26. Authorizing Increases of Appropriations Motion by Wallick„ seconded by Shields, that the following resolution be adopted; that it be spread in the resolution book and that it be made a ps.xt of these ~i.nutes RESOLUTION N0. 1125 RESOLUTION AUTHORIZING INCREASES OF APPROPRIATIONS BY TRANSFERS OF FUNDS FROM CONTINGENCY APPROPRIATIONS Poll of votes: Ayes - Wailick, Shields, Serstock,, Schultz and Rittell. Nays - none. Absent - none. Carried. This resolution appears as resolution #1125 in resolution book #7. 27, _Authorizing Release of Collateral - Richfield State Bank - ... Motion by Shields, seconded by Wallick,, that the foliow~.ng resolution be adapted; that it be spread in the resolution book and that it be made a part of these minutes: RESOLUTION N0. 1126 RESOLUTION RELEASING COLLATERAL OF RICHFTBLD STATE BANR Poll of votes.: Ayes -- Wallick,; Shields, 5erstock~ Schutt z. and Kittell. Nszys - ~ none. Absent - none. Carried. This resolution a ppears as resolution #1126 in resolution book #?. -12- June llp 195b 28. Permanent Transfer of Punds, V. P« #308 and V. F. #32? 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: RBSOLUTION NO« 112? RESOLUTION AUTHORIZING PERMANENT TRANSFER OF FUNDS PROM VILLAGE PROJECT NO« 308 FUND AND FROM VILLAGE PROJECT NO« ~2? PUND TO SANIfiARY SEUdBR IMPROVEMENT I~TO« 1 FUND Poll of votes: Ayes - Wallick, Shields,. Serstockr Schultz. and Kitteil. Nays - none. Absent - none« Carried. This resolution appears as resolution #112? in resolution book #?a 29« Authorizing Can~Fellation of Assessments Motion by Shields; seconded by Wallick,, that the fo~.lowing resolution be adopted; that it be spread in the resolution book and that it be made a part of these minutes: RESOLt3TyI0N . NOI, 1~~;9, RESOLUTION AUTHORIZING CANCBLLATION OF SPECIAL ASSESSMENTS AND MAKING REFUND Pall of votes: Ayes - Wallick,, Shields, Serstock~ Schultz and Rittell« Nays - none« Absent - none. Carried« This resolution appears as rem lu- Lion #1129 in resolution book #?. 30. Call far Bids - We11s Motion by Shields, seconded by Wallick, that the council authorize the clerk to advertise for bids for wells in Christian, Nicollet, Augsburg and Wood Lake Parks, bids to be opened July 3, 1956 at 11:00 A.M. and for con- sideration by the council on July 9, 195b at 8:00 P.M. Carried. 1 -13- June il, 1956 3I. Board of Review Time Set Motion by Waliick~ seconded by Shields, that the council establish the hours for the meeting of the Board of Revirsw as 2:00 P.M. to 5:00 P.M. and 7100 P,M. to 8:00 P.M, on Monday, July 16, 1956 in the council chambers of the Pillage Hali, and to authorize the clerk to so advertise in the official .newspaper with a display ad. Carried.. 32. Bingo - Church of St. Richard Motion by Shields, seconded by Schultz, that the council grant the application of Church of 5t. Richard to conduct the game of bingo under terms of Ordinance No. 3.33 at the church grnunds, 76th and Penn Ave. S., on'Sunday, June 10, 1956 from 1:00 P.M. to 9:00 P.M. Carried. 33. Change Order - Air Conditioning Motion by Shields, seconded by Schultz, that the council approve change order No. 1 in the amount of $73.00 for box covers over bath control panels and install sheet metal filters in window sills on window units for the basement, as additions to the newly installed air conditioning for the Pillage Hall. Carried.. 34. Summer Stack Theatre Request ------ The manager read a letter dated June 6, 1956, relative to the conduct- ing of a summer stock theatre in Richfield. Thomas Millot andRobert Ahlstrom, applicants, appeared, A discussion took place after which the applicants withdrew their request. 35. Bstimates Motion by Wallick, seconded by Shields, that the following estimates be allowed -14- June 11, 1956 Name V.P.No. Contract Amount Estimate . Orfei & Mariam & Sons 327 & 330 322 $1S,OS4.?7 No. 1, 3.3% complete Orfei& Mariam & Sons 32? & 330 Carried. 61,989.35. No. 1A, 16.9% " 36. License. of Little._Le~gue •~ .. rr `.err-s ~ irr....y~. Motion by iniailick, seconded by Shields, that the li~ensasfor the Richfield American Little League, ?7th & Oliver Ave. and Richfield National Little League, 70th & Zlst Avenue, for food and soft drink be granted, and that the visual fees be waived. Carried. 37. Licenses Motion by Shields, seconded by Wallick~ that the following licenses be Renewal Renewal New New Renewal Renewal New gr~.nted d Lowe Plumbind Co: Mill City Heating Cot P. W. Renner We11 Coo Cedar Market Wayside Inn Ted & Roy's Place August J. Hansen Carried. 4252 Nicoilet Ave. 1820 Bj 38th $t. 9914 Minnetonka Blvd. 6501 Cedar Aveo 7512 Lyndale Ave. 1400 E. 66th 5t. 6914 Nicoilet Ave. I'lumbex Keating Well Digger Soft Drink Dance Dance Taxi. Driver #S1 38. Claims & Payroll Motion by tNallick, seconded by Shields, that the following claims and payroll be allowed: RICHFIELD STATE BANK ck. #2422 - 2507 $114,409.31 Payroll ck. #4276 - 4408 20,1OS.90 NORTHtaESTERN NAT•L BANK--Bloomington-Richfield Ck. #299 - 305 72,991.03 Carried.. x-15- June il, 1956 39 Change in Southdale, Inc. Contract Motion by Wallick,. seconded by Shields, that the council authorize a change in the contract with Son'thdalen InC. for improvement of 66th St. from Perin Ave. to Xerxes Ave. by limiting Southdale,. Inc« tb liabilities not to ex- ceed $25,000.00 in excess of actual construction costs. Carried. 40,. Revised 1956 Foundkee~er Agreement The manager presented the Revised 1958 Foundkeeper Agreement for the considera'~ion of the councils A discussion took place. Motion by SChultz~ seco~ided by Serstock,, t#iat the following resolu- flan be adopted; that it be spread in the resolution book and that it be made a part of these minutest: RESOLUTION N0. 1128 RESOLUTION AUTHORIZING EXBCUTION OP REVISED 1956 POUNDKBEP~t AGRBEMENT C-4197 Poll of votes: Ayes - wallick, Shields, Serstock, Schultz end Kitten. Nays - none. Absent - none. Carried. This resolution appears as resolution No. 1128 in resolution book #7. 41. Adjournment Motion by Wallick~ seconded by Shields, that the meeting be adjourned. Carried. APPROVED : ,June 25 , 195 6 ~ a ' Paul .Haug , Village Clerk Mayor Pied 0. Rittel ~t~~?~~` r Manager O. . an Kr velen