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05-13-19571 VILLAGE OP RICHFIELD May 13, 1957 The council of the Village of Richfield met in regular session in the council chambers of the Village Hall, 6700 Portland Ave.,, Monday, May 13, 195? at 7:00 P.M. Mayor Kittell called the meeting to order. Present: t~tailick~ Shields, 5erstock„ Schultz and Kittell„ Absent: None, Reverend Royal Bauser,. Pastor of the Bmerson~Avenue Community Church; gave the invocation. 1. Minutes Motion by Serstock,~ seconded by Schultz,, that minutes of the regular 1 meeting of April 22,, I95? and the adjourned meeting of April 24a 195? be approved. Carniedr 2. Repay is Motion by Schultz, seconded by Serstock,, that the €ollowing reports be accepted and filed: Inspection Report, April 195? C-4522 Liquor Store Report; March 1957 C-4523 Hennepin County Report on Relief Apr.. 1957 C-4524 Statement of Apprbp.: & Expenditures for a ending March 31p 1957 C-4525 Carried. 3. Bill No. 1957-1 (Zoning Amendment) Bill No. 195?-1 entitled.""AN ORDINANCE AA~ffiNDING THAT CERTAIN ORDINANCE 1 N0. 2.03 OP THE VILLAGB OF RICHFIELD, MINNESOTA, ENTITLED 'AN ORDINANCE FOR THE PURPOSE OF PROMOTING HEALTH, SAFETY, ORDER, CONVENIENCB, PRQS~PERTTY AND GENERAL t~IELPARE BY RBGUTATING THE USE OF LAND, THB LOCATION AND UrB OP BUILDINGS, THE ARRANGEMENT OP BUILDINGS ON LOTS, AND THE DENS ITY OP POPULA-~ 1 -2- May 13, 1957 TION IN THE VILLAGE OF RICHFIELD, HBNNEPIN COUNTY, MINNESOTA' PASSED THE 25TH DAY OF OCTOBER, 1954, AS SUBSEQUENTLY AMENDED" was read by the Village attorney; the-same being on file in the office of the village clerk.C-4441 Loren Gasterland, 6716 Harriet Ave., appeared in opposition to the limited amount of off -street parking. Robert Broad, 6701 Lyndale Ave., appeared in favor of the rezoning. Warren Zetzman, 6733 Lyndale Ave., appeared in opposition. Motion by tVallickn seconded by Serstock, that this constitute the 1 1 second reading of Bill No. 1957-1, Poll of votes: Ayes - Wallickfl Shields, 5erstoclc,. Schultz and Kitten. Nays - none. Absent - none. Carried. Motion by Wallick~ seconded by Serstock, that the council adapt Hill No. 195?-1,, that it be spread in the ordinance book,, that it be published in the official ne wspaper and that it be made a part of these minutes. Poll of votes: Ayes - Wallick, Shields, Serstock, Schultz and Rittell. Nays - none. Absent - none. Carried. 4. Set Date of Hearing - Rezoning - W. 66th St. & Queen Ave. _~- Motion by Shields, seconded by Serstock, that the council authorize the clerk to advertise a hearing on the rezoning of 2401 to 241? W. 66th St. and b545-Queen Ave« S. from multiple residence to limited commercial, hearing to be Monday„ May 27„ 1957 at 7:15 P.M. Carried.• S. Set Date of Hearing -Special Use Permit - 6645_Lyndale Ave. S. Motion by Serstock„ seconded by Schultz, that the council authorize the clerk to advertise a hearing on the special use permit of Thomas P.. Burniece,. Jr., 6645 Lyndale Ave. S., for a special use permit for a gasoline service station at 6645 Lyndale Ave.. S.,• hearing to be Monday,. May 27, 1957 at 7:15 P.M. Carried. _- - ..3_ _ May 13, 1957 6. Set Date of Hearing -Special Use Permit - 3016 W. 66th St. Motion by Shields, seconded by Serstock, that the council-authorize the clerk to advertise a hearing on the special use permit of Sauthdale Realty Co., 3500 W. 66th St.., to locate a gasoline service station at 3016 W. 66th St., hearing to be May 27„ 195? at 7:15 P.M. Carried. 7. Date of Hearing - Zoning Variation - 6721 Harriet Ave.. Motion by Shields, seconded by 5erstock,, that the council authorize the clerk to advertise a hearing on the zoning variation of Robert A. Lund, 6721 Harriet Ave.. S., for a variation in side yard set back at 6721 Harriet Ave., hearing to be Monday,. May 27,. 1957 at 7:15 P.M. Carried. 8. Set Date of Hearing -Application to Plat Land - Morgan Ave.., 62nd to 63rd Motion by Shields,, seconded by Schultz, that the council authorize the clerk to advertise a hearing on the application of Melbar Investment Co., 7924 Minnetonka Blvd., to plat land on Morgan Avenue from 62nd to 63rd St..,, (~ block east and west of Morgan Ave. hearing to be Monday, May 27„ 1957 at 7:15 P.M. Carried. 9. Hearing on Rezoning - 692]. Chicago Ave. It being 7:15 P.M., Mayor Kittell called for the hearing on the ap- placation of Peter Zubert, 6024 Nicollet Ave.,, to rezone 6921 Chicago Ave. and read the notice of hearing, M. J. Berscheid appeared representing the applicant. No persons ap- geared in opposition. Motion by Shields, seconded by Schultz„ that the hearing be closed. Carried. Mot ion by Shields, seconded by Schultz, that the council authorize the attorney to prepare an amendment to Ordinance No. 2.03 to provide a change in zoning from residential to multiple dwelling. Carried. -4- ~ A4ay 13 p 1957 10. Hearing -Special Use Permit - 210 W. 78th St. It being 7:15 P.M.,. Mayor Kit tell called for the hearing on the speci- al use permit of O. M. Soens,, 7320 Oakland Ave.,. for a roller skating rink at 210 W. 78th St. and read the notice of hearing. Gordon Grindeland, 7526 Harriet Ave.., appeared. No persons appeared in opposition. Motion by 5erstock„ seconded by Schultz, that the hearing be closed,. Carried. Motion by Serstockp seconded by Schultz, that the special use permit of O, M. Soens, 7320 Oakland Ave«, be granted to locate a roller skating rink at 210 W. 78th S t. Carried. C-4526 li. Ordinance Licensing Roller Rinks Motion by Wallick, seconded by Shields, that the manager and attorney be authorized to draft an ordinance licensing roller skating rinks in the Villa ge of Richfield and present it to the council at a future meeting for its consideration. Carried.- l2. Hearing - Preliminary Plat - Zubert's South View Gardens 4th Addition It being 7:15 P.M.., Mayor Kit tell called for the hearing on the pro- posed plat of Zubert's South View Gardens 4th Addition and read the notice of hearing. M. J. Serscheid appeared representing the applicant. No persons ap- geared in opposition. Motion by 5erstock„ seconded by Shields, that the hearing be closed. Carried.. Motion by Serstock~ seconded by Schultz, that the preliminary plat of Zubert*s South View Gardens 4th Addition be given tentative approval and that the engineer be authorized to prepare a subdivider's contract to be presented at a later meeting« Carried. ~_ _5_ May l3, 195? 13. Hearing - Special Use Permit - Bscavating Biack Dirt It being 7:15 P.M., Mayor Kittell called for the hearing on the appli- cation of William Jorgensonp 6450 23rd Ave. S., to excavate black dirt from the area of 19th Ave« to 21st Ave«, 67th St« to 68th St. ,, and read the no- tice of hearing. Walford H. Peterson appeared representing Carl H, Peterson, contrac- tor, 5946 Pleasant Ave. No persons appeared in apposition. Motion by Schultz,, seconded by Shields, that the hearing be closed. Carried.. Motion by Schultz, seconded by Shields, that the council grant the re- quest of William Jorgenson, 03450 23rd Ave« S., for a special use permit to excavate black dirt from the area bounded by 19th Ave«~ 21st Ave., 67th St« and 68th St, 6uch permit to provide that the cover on the sanitary sewer line be not disturbed; that the excavation not exceed 18 inches; that area will be graded after excavation to meet the approval of the village engineer; that grass seed be planted to reduce the dust nuisance; that the work be com- pleted before September 1, 1957 and that during the period of work, vehicles will enter and leave the property from 66th St. or Cedar Ave.. Carried. C-4527 14. Land Division - 6918 Humboldt Ave. S. Because of erroneously printed address in the legal advertisement of a land division for 6918 Humboldt Ave., no action was taken and the notice would be readvertised with the correct address. 15. Request to Release Contractor from Bond The council discussed the request of the House of Prayer Lutheran Church to release Mattson Builders, Inc« from terms of their bond. Motion by Serstock,, seconded by Schultz, that the council grant the ' _6_ May 13, 1957 request of the House of Prayer Lutheran Church to release Mattson Builders, Inc. from the terms of their subdivider's bond requiring the sodding of the boulevard 6LOt 9, Block 2, Mattson :'eights 4th Addition)~upon deposit by the House of Prayer Church of $50.00 in the Trust and Escrow Pund of the Village, said deposit of $50.00 to be refunded upon completnon of the required sodding. The village manager shall prepare a formal resolution authorizing said re- lease. Carried. 16. Special Assessments -Sanitary Sewer Lateral - 7100 Block - 10th Ave. Robert E. LeRoy, ?126-10th Ave., appeared as spokesman for a group of property owners inquiring into the special assessments for sanitary sewer lateral in the 7100 block on 10th Ave. S. The manager explained the costs of Village Project No. 327, namely $5.60 per front foot plus $125.00 per stub. James Dunn, 7133 - 10th Ave., appeared on this matter. A discussion followed. 17. Commercial Building Permit - 7000 Cedar Ave« Clarence Christian,, applicant, appeared in his own behalf. Motion by Wallick„ seconded by shields, that the council grant the com- mercial building permit of Clarence H. Christian, 1100 E, both 5t« and Victor J. Engberg, 9745 Orchard Spring Road, for a gasoline filling station at 7000 Cedar Ave« Carried. C-4527 A Motion by Shields, seconded by Schultz, that the council grant tenta- tive approval to the off-street parlting layout for 7000 Cedar Ave« Carried. 18. Commercial Building Permit - 7727-5th Ave. 5. Motion by Schultz, seconded by 5erstock„ that the council grant the commercial building permit of Donald C. Paulingr 7727-5th Ave. S., for an auto body shop at ?727-5th Ave« S. Carried. C-4528 F __ _ .__. _ 1 -7- Donald C. Pauling, applicant, appeared relative to the off:street parking requirements at 7727-5th Ave,, S• May ]3 , x.957 Motion by Schultz, seconded by Shields, that the council defer a,ctiori on off street parking at 7727-5th Ave. S. Carried. Lotion by Serstock;, seconded by Wallick, that the council reconsider their prior action on the off-street parking requirements. Carried. Motion by Serstock, seconded by Serstocki that the council give tents- five approval to the off-street parking layout at 7727-5th Ave• S. Carried. 19; Board of Review Motion by Wallick,. seconded by Shields, that the council. establish the 1 date of Monday, July 15th, 1957, as the date for Board of Review and set hours of 10:00 AiMa to 12:00 noon; 2:00 P.M. to 4:00 P.M. and 7:00 P.M. to 9:00 P.M. as the times thereof. Carried` 20. Traffic Problem - 72nd St. ,, Nicollet to Pleasant Ave. Mayor Kitten read a letter and petition from Mark C. Erspamer dated April 17„ 1957 relative to a traffic problem existing on 72nd St. from Nicollet Ave. to Pleasant Ave. especially during games of football and base- ball played in the park. The letter was accompanied by a memorandum report of the chief of police suggesting the establishment of a parking .lot in the park. The village engineer explained the proposal to eliminate parking on the south side of 72nd Str• and establish a parking lot in Augsburg Park. Motion by Schultz, seconded by Serstoclc,, that the petition containing 1 seven property owners names be filed. Carried.. Cy4529 Motion by Schultz, 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: r -$- May 13.E 1957 RESOLUTION N0. 1328 RESOLUTION RErATING TO TRAFPIC CONTROL SIGNS '"No Parking" South Side of 72nd St, from Nicollet Ave. to Pleasant Ave. Poll of votes: Ayes: Wallickp Shields, Serstock„ Schultz and I:ittell. Nays - none, Absent -none. Carried, This resolution appears as resolution #1328 in resolution baok #9, Motion by Shields, seconded by Serstock~ that the council authorize the engineer to stabilize that portion of land 113* x 196' in the southwest corner of Augsburg Park adjacent to the school property. Carried,. 21. Petition - Dredging of Milner•s Pond Mayor ICittell-read a petition from property owners in the vicinity of Miiner•s Pond requesting a dredging of the pond. A discussion followed. Motion by Serstockp seconded by Shields, that the petition containing 30 names requesting dredging of Milner's Pond be accepted and filed. Carried. C-4530 Motion by Serstock,, seconded by Shields, that action on this matter be deferred until the next regular meeting and that the village engineer investi- gate the cost and feasibility and report to the council. Carried. 22. Petition - Sanitary Sewer - Vincent Ave«„ 77th St. to 78th St. Motion by Shields, seconded by Serstock„ that the council accept and file the petition for sanitary sewer for Vincent Ave., 77th St. to ?8th St, Carried. C-4531 23. Petition -Street Grading - Emerson Ave., 64th to 65th St` Motion by Shields, seconded by Serstock,. that the council accept and file the petition for street grading for Emerson Ave. from 64th to 65th St. Carried. C-4532 _q- May 13,. 195? Motion by Shields, seconded by Serstock, that the village engineer be instructed to investigate the feasibility and costs of grading Emerson Ave.. from 64th to 65th St« and to report at a later meeting. Carried.. 24. Request to Move House B. S, Stiles appeared to request permission to move a house from 6517 Fremont Ave. to 6430 Emerson Aveb Motion by Wallicka seconded by Shields, that the council authorize the Inspection Division to issue a permit to move the house from 6517 Premont Aver to 6430 Emerson Ave.. (Lot 9, Block 1,, 5ilverwood Addition) notwith- standing the absence of a full width and improved street. Carried. 25. Grading of 5th Ave« - 5th Ave. near Hope Presbyterian Church As requested at the last regular meeting, the engineer presented a report on costs and feasibility of grading 5th Avep from 71st to 72nd St. adjacent to the Hope Presbyterian Church. Motion by Schultz, seconded by Shields, that the engineer's report be accepted and to instruct the manager to transmit a copy of the report to the Hope Presbyterian Church. Carried. 26. Releasing Collateral - Richfield State Bank ..... r 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: RL~SOLUTION N0. 1329 ABSOLUTION RELBASING COLI,A 7ERAL OF RICHFIELD STATE BANK AND ACCEPTING SUBSTITUTION THEREFOR Poll of votes: Ayes - Wallick,, Shields, ~erstock, Schultz and Kittell. Nays - none. Absent.- none. Carried. This resolution appears as resolution #1329 in resolution hook #9. _ _ ,~ -10- May 13, 1957 27. Temporary Transfer of Funds - Liquor Store to Park Fund 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 NOa 13.30 RESOLUTION AUTHORIZ WG TEMPORARY TRANSPER FROM LIQUOR STORE PUND TO PARR PUND Po11 of votes: Ayes - Wallick, Shields, Serstock, Schultz and Rittell. Nays - none. Absent - none. Carrie ~ This resolution appears as resolution #1330 in resolution .book #9. 28. Village Project No. 342 -Sidewalk Construction 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: RESOLUTION NO. 1331 RESOLUTION ORDERING PREPARATION OF REPORT ON SIDEWALK CONSTRUCTION VILLAGE PROJBCT NO. 342 Poll of votes: Ayes - Wallickp Shields, Serstock, Schultz and Kittell. Nays - none. Absent - none. Carried.. This resolution appears as resolutions#1331 in resolution book #9. 29. Village Project No. 342 - Sidewalk Construction 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. 1332 RESOLUTION RECEIVING REPORT AND CALLING IiEARIA'G ON M,AY 27th, 1957, ON SIDEWALK CONSTRUCTION KNOWN AS VILLAGE PROJECT NO. 342 Clerk's File #4533 ~ ._ - .._ . _ .. T ._._ ~.. _~_ ~ ~...~. -11- May 13 , 195? Poll of votes: Ayes - Wallick,. Shields,, Serstock„ Schultz and Kittell. Nays - none. Absent - none. Carried. This resolution appears as resolution #1332 in resolution book #9. 30. Accepting Streets - Carson's 2nd Addition Motion by Shields, seconded by Schultz, that the following resolution be adopted; that it be spread in the reso lotion book and that it be made a part of these minutes : . RESOLUTION NO. 1333 RESOLUTION ACCEPTING STREETS IN CARL J. CARSON'S 2ND ADDITION AND RELEASING BOND Poll of votes: Ayes - Wallick~, Shields, Serstock „ Schulte and Kittell. Nays - none. Absent -none. Carried. This resolution appears as resolution #1333 in resolution book #9. 31, Off-Street Parking Contract - 71st & Lyndale Ave. 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 park of these minutes: RESQLUTION N0, 1334 RESOLUTION APPROVING LAYOUT AND CONTRACT POR OPP- STREET PARKING IN ACCORDANCE WITH APPLICATION #5?-5 CONTRACT #374 Clerk's File #4534 Poll of votes: Ayes - Wallick„ Shields, Serstock,. Schultz and Kittell, Nays - none Absent - none.. Carried. This resolution appears as resolution #1334 in reso lotion baolc #9. 32. Off-Street Parking Contrast - 7744 Nicollet Ave. Motion by Shields, seconded by SerstockA that the following resolution be adopted; that it be spread in the resolution book and that it be made a part of these minutes: -12- May 13, 1957 RES CLUTI ON NO. 133'5 RESOLUTION APPROVING LAYOUT AND CONTRACT FOR OPF-STREET PARKING IN ACCOR,DAACE WIZgi APPLICATION N0. 57-9 CONTRACT NO« 378 Clerks File #4535 Poll of votes: Ayes - Wallick„ Shields, Serstock~ Schultz and Rittell. Nays - none. Absent - none. Carried. This resolution appears as resolution #1335 in resolution book #9. 33. Off-Street .Parking Contract - 3500 W. 66th St« 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 ~ part of these minutes: RESOLUTION N0. 1336 • RESOLUTION APPROVING LAYOUT AND CONTRACT FOR OPF- STREET PARKING IN ACCORDAP.CE WITH APPLICATION #57-10 CONTRACT #379 Clerks File #4536 Poll of votes: Ayes - Wallicke Shields„ Serstoclc,, Schultz and.Kittell. Nays - none. Absent - none. Carried.. This resolution appears as resolution,#1336 in resolution book #9. 34. Authorize Call for Bids - Playground Equipment Motion by Wallickq seconded by Shields, that the council authorize the clerk to advertise for bids on playground equipment„ bids to be opened Mon- day, May 27, 195? at 11:00 A.M. and be considered by the council on May 27, 195?. Carried. 35. Authorize Call for Bids - Chain Link Fence A~iotion by Shields, seconded by Schultz, that the council authorize the cleric to advertise for bids on chain linlc fence, bids to be opened Monday,. May 27, 1957 at 11:00 A.M. and be considered by the council on ivlay 27,,. 1957. Carried. 1 New New New Renewal New Renewal Renewal The manager presented a report on the condition of the concession stand 36. Concession Stand - Augsberg Park at Augsburg Park. A4otion by Shields, seconded by Serstock, that the council authorize the manager tag remove the consession stand at Augsburg Park. Carried. 37. Recovered Bicycles The manager presented a report on the number of bicycles that were re- covered by the police department. Motion by Shields, seconded by Schultz, that the manager be author- 1 imed to release the 26 recovered bicycles to the Rotary Club for repair and distribution to needy children. Carried. Councilman Serstock was excused from the meeting. 38. Licenses -13- May 13, 1957 Motion by Schultz, seconded by Wallick, that the following licenses be granted: Beaudette Well Drilling Co. Johnson Bros.~Plumbing Co. Road Ramblers, Inc. Pat's Ice Cream League of Women Voters Ted & Roy's Place Richfield Drive-In Rt. 1, Sty Paul 7102 W. Lake Str 408 Vine 5t.. Savage 8721 Nicollet Ave. 6444 2nd Ave. ~. 1400 E. 66th St. 7533 Lyndale Ave. S. Well Digger Plumber Dance at Augsburg Pk. t^lagon Peddler Broadcasting Vehicle Dance Soft Drink, Pood Carried. 39. Claims & Payroll Motion by Schultz, seconded by Shields, that the following claims and 1 payroll be allowed: Richfield State Bank Checlcs #4171 - 4297 and 4301 through 4304 $226;639.15 Payroll Checks #7073 - 5205 22,592.85 Northwestern Nat'l Bank--Bloomington-Richfield Ck.. #399 Carried. $1,351.22 -14- May 13, 3957 40. Dus Wye . A letter of request from the Twin City Rapid Transit Co. was pre- sented requesting a bus wye at 62nd Street and Xerxes Ave. The council approved the operation. of a bus wye at this location and instructed the manager to so inform the Rapid Transit Company. Carried. 41. League Convention The manager reported that the annual convention of the League of Minnesota Municipalities will be held in Duluth, Minnesota on June 12,. 13 and 14, 1957. 42R Adjournment Motion by t~Vallick,, seconded by Shields, that the meeting be ad-. journed. Carried.. APPROVED: May Z?, :~_ 1957 .. - a ~fr~~.~/~` ~~~ Paul H. aug „Village Clerk 1