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10-22-1956_ T_. I i ~~ VILLAGE OP RICHFIELD ~ Regular Meting October 22, 1956 The council of the Viilage of Richfield met in regular session Monday, October 22, 1956, in the council chambers of the Yiilage Hail,, 6900 Portland Avenue, at 7:00 o'clock P.M. The meeting was called to order by Mayor Kitteil~ Present: Shields, Serstock„ Schultz and Sitteli. Absent: Wallick The invocation was graven by Rev. Paui Thomp~on* Woodiake Baptist Church. 1. Minutes Motion by Schultz, seconded by 5erstock,, that the minutes of the regular meeting of October 8,. 1956, be approved. Carried.. 2. Reports Motion by Schultz, seconded by Serstock, that the following reports be accepted and filed: Hennepin County Nursing Report, Sept. 1956 C«~43d5 ++ ~ ++ ++ ++ 1955-$6 C-434b Financial Statement Sept. 1956 C-4347 1 Carried. 3. Bi11 No. 1956-9 (Zoning Amendment3 B-iii No. 1956-9 entitled "'`AN ORDINANCE AMBNDZ~ THAT CERTAIN ORDI- NA1+I;E N0. 2.03 OF RICHPIBLD ENTITLED •AN ORDINANCE POA TH8 PURPOSE OF PRO- NOTING HEALTH, SAFETY, ORDER, CONVENIENCE, PR06PBRITY AND GENERAL WELFARE BY RBGUTATING THE USB OP IAND, THE LOCATION AND USE OP BUILDIIV,G&, THB AR- RANGBMBNT OF BUILDINGS ON LOTS, AND THB DENSITY OP POPULATION IN THB VILIAGE OP RICHFIELD, HEAII~TBPIN COUN't`Y, MINNESOTA ~ AS PASSED BY THB VILLAGE COUNCIL ,i '~ ~I -2- October 22,, 1956 THB 2STH DAY OP OCTOBER, 1954, AS SUBSEQUENTLY AMENDED,"`was read by the village attorney, the same being on file in the office of the village clerk. C-4333 Motion by Serstock, seconded by Schultz, that this constitute the second reading of Bill No. 1956-9. Poll of votes: Ayes - Shields, Serstock,. Schultz and Ritteii« Nays - none. Absent - Wallick. Carried. ARotion by Serstock,, seconded by Schultz, that the council adopt Biil No« 1956-9, 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 votes: Ayes - Shields, Serstock,, Schultz and Kittell. Nays -none. Absent - Wallick. Carried. 4. Authorize Advertising of Hearing on Rezoning - 1700 W. 66th St. Motion by Shields, seconded by Serstock, that the council authorize the village clerk to advertise a hearing on the rezoning of 1700 W. 66th St. from residential to multiple residence as requested by Harold Johnson, 5838 Portland Ave., hearing to be MondayA November 12, 1956, at ?:15 P.M. Carried 5. Authorize Advertising of Hearing on Special Use Permit--T.P.Burniece,Jr. Motion by Serstock, seconded by Schultz, that the council authorize the village clerk to advertise a hearing on the special use permit of Thomas P. Burniece, Jr. ,. 6645 Lyndale Ave., fora special use permit for a gasoline filling station to be located at 6645 Lyndale Ave. S., hearing to be Monday,, November 12, 1956, at 7:15 P.M. Carried. 6. Authorize Advertising of Hearing on Vacating of Land Motion Schultz, seconded by Serstock, that the council authorize the village clerk to advertise a hearing on the request of George L. Warner, -3, October 22,. 1956 7504 Lyndale Ave. S., to vacate Lot is Block 25, Ir~rin Shores Addition, hearing to be Mondays November 12, 1956, at 7:15 P.A4.. Carried.. 7. Authorize Advertising of Hearing on_New Plat - Ranft & Bogen Add.. Motion by Shields, seconded by Serstocks that the council authorize the clerk to advertise a hearing. on the new p]a t of Ranft & Bogen Addition, hearing to be Mondays November 12s 1956, at 7:15 P.M. ,Carried. 8. Commercial Building Fermit - 663? Lyndale Ave._~. Motion by Serstock„ seconded by Schultz,, that the commercial building permit of Jacobsen & Quist,, 7644 Lyndale Ave.. S., be granted, far the con- struction of a retail candy store at 6637 Lyndale Ave. S. Carried. C-4348 Motion by Serstock, seconded by Schultz, that the council approve the off-street parking lay-out as contained in the application of Jacobsen & Quist, 7644 Lyndale Ave. and authorize the preparation of a contract. Carried. 9. Hearing -Special Use`Permit - 6300 Gedar Ave. It being 7:15 P.M., Mayor Kitteli caned for the hearing on the special use permit of Kunz Oil Co., 12 Wilder 5t., and read the notice of hearing. A. C. Schey,, 6321 - 18th Ave. S., appeared as spokesman for a group of neighboring property owners opposing. this use for the property. Paul Lindmeier, r8presentative for the Kunz Oii Co., appeared in favor of his application. A discussion followed.. Motion by Serstock, seconded by Shields, that the hearing be closed. Motion by Shields, seconded by Schultz,. that the application of Kunz 031 Co., 12 Wilder St.,. for a special use permit to locate a gasoline filling -4- October 22,. 1956 station at 6300 Cedar Avenue, be denied on the basis that it will constitute a hazard tv children, and that it will be detrimental to the neighborhood. Carried. C-4349 10. Hearing - Adjustment & Appeals - Att. Calvary Lutheran ChurcYr- It being 7:15 P.M., I~iayor Kitteil called for the hearing on the ad- justment 84 appeals of Mt. Calvary Lutheran Church, 1544 B. b6th St., and read the notice of hearing. No persons appeared in opposition. Motion by Serstoc~,. seconded by Schultz, that the hearin~~`be closed. Carried.. Motion by Serstock, seconded by Schultz,. that the request of Mt. Calvary Lutheran Church,. 1544 B. 66th St., be granted for a zoning varia- tion to build an addition to the existing church, which new building would the come within four feet of/16th Ave. property line. Carried. C-4350 11. Hearing - Rezoning - 6613 Washburn Ave. rr-..r w...~.-r It being 7:15 P.M., Mayor Kittell called for the hearing an the re- zoning of 6613 Washburn Ave. and read the notice of hearing. The village manager presented a petition of acquiescence containing 23 signatures of property owners. A. B. Snodgrass, 7138 Harriet Ave.,. applicant,. appeared in his own behalf. No persons appeared in opposition. Motion by Serstoc&, seconded by Shields, that the petition containing 23 signatures be filed. Carried. C-4351 Motion by Serstoc~, seconded by Shields, that the hearing be closed.. Carried. -$- October 22, 1956 Motion by Benstock„ seconded by Shields,. that the council grant the re- quest of A. B. Snodgrass,. 7138 Harriet Ave.A to re2one Lot 23, and N. 2S feet of Lot 22, Block 7, Tingdale Bros. Lincoln Hills Addition, and that the attor- ney be authorized to prepare an amendment to the zoning ordinance covering this property. Carried. C-4351 12. Hearing - Land Division - 6713 - 1st Ave. S. Mayor Kittell called for the hearing on the application of Patrick J. Murphy, 6713 - lst Ave.. S1, for a land division, which hearing was deferred from the meeting of October 8~ 1956. s. J. Soistem,, ?345 - 11th Ave., prospective purchaser, appeared in favor of the application. No persons appeared in opposition. Motioh by Shields, seconded by Schultz, that the hearing be closed. Carried. Motion by Shields,. seconded by Schultz, that the land division request of Patrick J. Murphy, 6713 - lst Ave. S., to divide the N. i25 ft. of the S. 2Q0 ft., of W. ~ of NS~ of SW of NW4 of SBQ of Sec.27, ~''k.•. 28, R. 24, (6713.- 1st Ave, S.) be granted. Carried. 0.4352 13. Cooperative Agreement with Minnesota Highway Department Motion by Benstock,, seconded by Shields, that the following resolution ~be adapted; that it be spread in the resolution book and that it be made a part of these minutes: RESOLUTION N0. 1219 RESOLUTION AUTHORIZING EXECUTION OF ''C~PERATNE AGREEMEt3T WITH CtYvIMISB IONBR OP HIGHWAYS, SUBSTITUTING A PREVIOUS AGRBEMENT" C-4353 Poll of votes: Ayes - Shields, Benstock,. Schultz and Kittell« Nays - none. Absent .. Wailick. This resolution appears as resolution 1#1219 in resolution -6- October 22, 1956 book #8. 14. Appointing Judges_&_Designating Polling Places--Village General Election Motion by Schultz, 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: RBSOLUTIiON N0. 1220 RESOLUTION PP~VTDING FOR POLLING FIA CBS AND L~ESXG~t'ATING JUDGES OF BLECTION FOR VILTAGB GENERAL ELECTION Poll of votes: Ayes - Shields, Serstock, Schultz and Kitten. Nays -none. Absent - Wallick. Carried. This resolution appears as resolution #1220 in resolution book #8. 15. Off-Stye ~t Parking Contract - 6430 Nicoilet Ave. 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 NO. 1221 RESOLUTION APPROVING LAYOUT AND CONTRACT FOR OFF-STREET PARKING IN ACCORDANCE WITH APPLICATION NO. 56-29, CONTRACT 35® C-4354 Poll of votes: Ayes -Shields, Serstock, Schultz and Ritteli. Nays - none. Absent - Wailick. Carried. This resolution appears as resolution #1221 in resolution boo$ #8. 16. Accepting Streets--Mattson Heights Motion by SchultzA 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: ..7- October 22, 1956 RESOLUTION N0. 1222 RESOLUTION ACCEPTING STRBETS IN MATTSON HEIGHTS 3RD ADDITION Poll of votes: Ayes -Shields, Serstock, Schultz and Kitteil. Nays - none. Absent - id~liick. Carried. This resolution appears as resolution #1222 in resolution book #8. 17. Accepting Streets - Hage's ]s t Addition Motion by Serstock,, 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 minutest RESOLUTION NO. 1223 '~ RESOLUTION ACCEPTING STREETS IN HAGE'S 1ST ADDITION AND ESTABLISHING $150.00 JOINT ESCROW ACCOUNT TO GUAAfANTX PLANTING OP TREES IN BOULEVARD CONTRACT No. 281 I • Poil of votes: Ayes -Shields, Serstock, Schultz and Kitteil. Nays - none. Absent - Wallick. Carried. This resolution appears as resolution #122~> in resolution book #8. 18. Cancellation of Special Assessments Motion by Serstockp 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. 1224 - RESOLUTION AUTHORIZING CANCELLATION OF CBRTAIN SPECIAL ASSESSMENTS; AND SUBSTITUTING CORRBCTIONS Poll of votes.: Ayes - Shields, Serstock Schultz and Kitteil. Nags - none. Absent - Waliick. Carried. This resolution appears as resolution #1224 in resolution book #8. -8- October 22, 1956 ~ 19. Change Order - #4, Village Project No. 32? I` Motion by Shields, seconded by Schultz, that the magor and manager be authorized to execute the following change order: Orfei & Mariam & Sons. V.P. #32?-330 Contract #322 Amount $4,023.00 Carried. C-4355 20. Estimates Motion by Schuitz~ seconded by Shields, that the estimate of Carlso n- ~~ Lavine,, V. P. #321 Contract #2?0, Tennis Court-1955, Estimate #3 and final, ' Amount $1,690.84, be allowed. Carried, Motion bq Shields, seconded by 5erstock, that the estimate of Jacobsen ~ Quist, V.P. #382C, Contract #338, warming Houses, Estimate ~l2' and final, r Amount $9,742.55,. be allowed. Carried. Motion by Serstock„ seconded by Schultz, that the estimate of Earth t r~ Movers, Inc.,, V« P. #332A,, Contract #335, Grading Christian Park,. Estimate #2 and final,-Amount $1,434.70, be allowed. Carried, 21. Bids - Rock Salt The manager presented minutes on the bid-opening for Rock Sait for the Village,, which opening was held on Thursdayp October 18,, 1956, at 11:00 A.M. Motion by Serstock, seconded by Schultz, that the minutes of the bid- opening of October 18, 1956, be approved and filed. Carried.. C-4356 The village manager presented a ~buiation of bids on rock salt to- G gather with his recommendation for award. ,_. ~ Motion by Schultz, seconded by Shields, that the low bid of Internation- ai Sait Cb. for a total of $1p770.00 be accepted as recommended by the man~a- I i gar. CarriecL -9• October 22p 1956 22, Suspension - On & Off Sale Beer License Magor Kitteli called for the matter of the suspension of the On & Off Sale Beer license of Sandy's Tavern, 8812 Penn Avenue S., and presented a report from the manager on this problem. John Thomas, licensee, appeared. Motion by Schultz, seconded by Serstock, that the council accept and file the report of the village manager on the suspension of the On & Off Sale Beer license, and that the council concur in the reconnaendation of the manager to suspend the license of Sandy's Tavern for a period of ten days from October iS, 1956. Carried. C-4357 23.. Bingo Request - Church of St. Peter Motion by Shields, seconded by Schultz, that the request of the Church of St. Peter,, to hold a bingo game in-the church gym 'on Sunday,. November 4, 1958, from 12:30 to 5:30 P.M. be granted. Carried. C-4358 24._.. Licenses Motion by Schultz, seconded by Shields, that the following licenses be granted: Idew G._Russell Johnson 8444 Washburn Ave« Electrical Neva Lovejoy Heating Co. 710 W. 27th 5t. ~ ~ Heating Carried. 2S. .Claim for Professional Services - MacGregor-Davis Lawsuit Motion by Serstock„ seconded by Schultz, that the cos -:~ i3. al.l~w std' order paid fr~:m the Sanitary Sewer Improvement No. 1 Fund the foliaring claims which are in full and final settle went of all claims for professional services relating to the lerwsuit of MacGregor-Davis vs. Village of Richfield: Claimant Atrtount Che_ c,~ k No. G. M. Orr Engineering Co. $3;234.12 3083 Faegre 8t Benson 12;188.51 3084 Clayton L. LeFevere 2,750.00 3085 Carried.. i -10- October 22, 1956 26. Claims & Payroll Motion by Serstock„ seconded by Shields, that the following claims and payroll be allowed: RICIiPIBLD STATE BANK Ck.. #3082 - 3146 $1?1,142.33 Payroll - Ck, #5497 - 5511 .19,261.72 NORTHW85TERN NATIONAL BANK Ck. #351 - 365 29,.252.95 Carried. 27. Adjournment Motion by Shields, seconded by Serstock, that the meeting be ad- Ii~~ ~i i 3ourned. Carried. APPItOdBD: Nov, 12, 1956 Pre 0. Kittell, Mayor 0. d Krev len, Manager G ~~ Paul H. Haugen, iilage Cle rk