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10-28-19571 VILLAGB OP RICHFIELD • Regular Mheting October 28* 1957. The council of the Village of Richf ield met in regular session on MondayA October 28, 1957 in the cotlncil cYia~bers of the Village Hra~.l, 6700 Portlar-d AVe.. at `1:00 P.M. The meeting was called to order by Mayor Ki~te11. Present: Wia~.lickp Shields,. Serstock,. Schullt~ and Kittell. Absent: None. Dr., Edwin R. Roberts,. pastor of Hope Presbyterian. Church, gave the i, in~tacation. 1~ Minutes Motion bar 5ch~itz~, seconded by ~~~s~odk~ that the minutest of the reg~illat ~te~titig of October 14,. 19571. the special meet~ii~ls df Od~dber 14 and Octoberr 16~ 197 be: app~owed C~~ri~rli. 2. Repotts Motion by SerstockA seconded by Schultz, that the following report be accepted and flied: Hennepin County Nursing Report -Sept. 1957 C-4723 1 Carried« ?., Amendments to Zoning Ordinance ..r.~. ~~.._ "' BiY1 No. 1959-13 (Rasmussen Property) Bill No. 1957-13 entitled "AN ORDINANCE AMENDII~ THAT CERTAIN ORDINANCB NO. 2.03 OF THB VILLAGE OF•RICHPIBIA, MINNB50TA BNTITLBD •AN ORDINANCE POR THE PURPOSB OP PROA40TING HEALTH, SAFETY, ORDER, CONVBNIENCB, PROSPERTTIt AND GBNBRAL VdBLPARB BY REGULATING THB USB OP TA ND, THB LOCATION AND USB ~ BUILDINGS, THB ARRANGBNE~T OF BUILDINGS ON LOTS, AND THB DBNSITY O1' POPUTA- TION IN THB VILLAGE OP RICHFIELD, HBNNBPIN COUNTY, MINNB50TA' PASSED THB 25TH DAY OP OCTOBER, 1954,. AS SUBSEQUENTLY AMBNDBD" was read by the Village _2_ October 28, 1957 Attorney, the same being on file in the office of the ~iilage Clerk. C-4724 Motion by Schultz,. seconded by Shields, that this constitute the first .reading of Bill No. 1957-13. Poll of votes: Ayes - ~iailick„ Shields, Serstock~ Schulte and Kittell« Nays - nane. Absent - none. Carried. Bill No. 1:957-14~ (OpsaA3.. Property) Bill No. 1957-14 entitled^AN ORDINAI~~B ~-FENDING THAT CERTAIN ORDINANCE N0. 2.03 OF 113B VILLAGE OF RICHFIELD, MINNESOTA BNTITLBD *AN ORDINANCE POR THB PURPOSE OF PROMOTING HEALTH, SAFETY, ORDBR, CONVENIENCE, PROSPBRTTY AND GENER- AL WELFARE HY RBGULATING THB USB OP LAND, THB LOCATION AND tTSB OP BUILDINGS, THB ARRANGEMENT OP BUILDINGS ON LOTS, AND THB DBNSITY OP POPUUITION IN THB VILLAGB'OP RICHFIELD, HBNNEPIN COUNTY,'MTNNESEnA* PASSED THB 25TH DAY OP OCTOBER,. 1954„ AS SUBSEQUENTLY AMENDBD," was read by the Village Attorney, the same being on file in the office of the Village Clerk. C-4737 Motion by Serstock,, seconded by Schultz, that this constitute the first reading of Bill No. 1957-14. Poll of votes: ayes - Wailick„ Shields, Serstock,, Schulte and Rittell~r Nays - none. Absent - nonet Carried. 4. Set Date of Hearing - 6527 Portland Ave. Motion by Serstocky seconded by Schultz,. that the council authorize the clerk to advertise a hearing on the special use permit of Albert Basil, 221 7th Ave. N.B: for a bowling alley to be located at 6527 Portland Ave.;. hearing to be Tuesday,. November 12,. 1957 at 7;15 P.M, Carried.. 5. Set Date of Hearing - 6420 Nicollet Ave. Motion by Serstock„ seconded'by.Schultz, that the council authorize the clerk to advertise a hearing on the special use permit of Ht B, Acltley, 5701 Nicoliet Ave,,, for a self-service dtive~in restaurant to be located at 6420 Nicallet Ave,; hearing to be Tu~daq,November 12,. 1957 at 7:iS PwM. Ca:rriec~~. 6. Set Date of Hearing - 6424 Bloomington Ave, .... Motion by Serstock~ seconded~by Schultz,. that the council authorize the clerk to advertise a hearing on the request of James 5. Erickson, 5045 Colfax Ave. S. for a zoning variation to build a house on Existing foundation at 6424 Bloomington Ave.; hearing to be Tuesd~.y,November 12, 1957 at 7;i5 P:M, Carried: 7. Authorize Cail far Bids - Safe for-Liquor Store Motion by t~-allick„ seconded by Shields, that the manager and assistant purchasing agent confer with the police department on specifications for the safe for the liquor store. Carried,., -3- October 28~. 1957 ~~ Motion by Waliick, seconded by Shield, that the council authorize the clerk to advertise for bids on a safe for the new liquor store, bids to be opined 11:00 ADM.,. November 12, 1957M Carried. 8, Hearing - Rezoning -_6309 Portland Ave. r ~..r It being 7:15 P.b9.,. May or Rittell called for the hearing on the rezoning of 6309 Portland Acre. as requested by Harold Johnson,. 5838 portiant! Ave: and dead the notice of haring. Harold Johnson, 5838 Portland Ave,,. appeared in his Dram behalf. No persons appeared in opposition Motion tiq Schuliz~, seconded bq w~hields, that the hearing tie closiedt Carried. Motion by Wallick„ secanded by Schultz,, that the council deny the re- quest of Harold Johnson,. 5838 Portland Ave.,, to rezone Parcel 138, Plat 4~k826 Eknown as 6309 PortlandAve.) from residential to multiple residence« Carried., 9. Hearing - Rezoning - Logan Ave., ?5th & 76th St. ~~ It being 7:i5 P.M.,. Mayor Rittell called for the hearing on the re- zoning of property at Logan Ave.,, 75th & ?6th Streets and read the notice of hearing. Kenneth Iverson,. President of L« S. Donaldson Co.,. appeared repre- seating the applicant and offered to deed one block of land on Highway #65 and 7Sth St. to the Village of Richfield far park purposes. Brnie Mathieson„ 2535 Harriet Ave«, appeared. Louis E. Buesing,. 1900 W. 76th St., appeared making inquiry as to ' its use. No apposition was expressed.. ~' Motion by Wallick, seconded by Serstock,, that the hearing be closed. .' Carx~i.ed« ..4- October 28 r 1957 Motion by Wallick,, seconded by Serstock, that the council authorize the manager and attorney to draw an amendment to Ordinance No..2.03 to re- ~one the south 1/2 of the NB 1/4 of the SW 1/4 except the east 256 €t. of the south 5 acres of the B l/2 of the NE 1/4 of the 5W 1/4 and except roads, Section 33, Torunship 28, Range 24 from open development to general comener- ciai. Carried.. l0. Hearing - Rezoning - Rae Property ..r.. , It being 7:15 P.M., Mayor Rittell called for the hearing on property bounded by 65th St. on the north, 66th St. on the south,, Rae Drive on the west and on the east by a fine which extends from a point 106* east of Rae Drive on the north and 239* east of Rae Drive on the south from limited business to general commercial and read the notice of hearing. James T. Rae,. 901 Rae Drive, appeared in his own behalf. John MalinsYi, 91? W. 66th St. ,. appeared as spokesman for opposing neighbors and presented a remonstrance petition. Motion by Wallickn seconded by Shields,. that the petition containing 23 signatures of neighbors opposing the rezoning of the Rae property be accepted and filed. Carried.. Phillip J. Stern, 1234 Soo Line Bldg., appeared representing the ap- plicant. H erman Linnemann, 910 W, 66th St., opposed the proposed drive-in. Mrs. John MalinskiA-917 W. 66th St.. was opposed. Carl E. McBride, 6625 Emerson Ave.,. inquired as~to costs and methods of financing of the proposed 65th St. Motion by Wallick9 seconded by.Shields, that the hearing be closed. Carried. Motion by Wallickp seconded by Shields, that the council deny the 1 -5- October 28 ,, 1957 application of James T. Rae,. 901 Rae Drive to rezone the property bounded by 65th St. on the north,. 66th St. on the south,, Rae Drive on the west and on the east by a line which extends from a point 106' east of Rae Drive on the north and 23~' east of-Rae Drive on the south from limited Business to general comciiercial• Carriedi 11: Hearing -~ Adjustment & Appeals - 7445_ ~-_.4th Ave. S. It being 7:15 P~Ma,- Mayor Rittell cabled for the healing on the honing variation of W. G. Hendrickson,, 7445 - 4th Ave., for a variation in side- yard set-back and read~the notice of hearing. W. G., Hendrickson, 7445 4th Ave.,, appeared in his own behalf. 1 No persons appeared in opposition. Motion by Schultz,, seconded by Shields, that the hearing be closed. Carried. Motion by Shields, seconded by Schultz, that the council grant the re- quest of W. G. Hendrickson,. 7445 - 4th Ave.,. for a variation in side yard set back at ?44S - 4th Ave. Carried.. C-4725 12. Hearing -Adjustment & Appeals - ?445 - 16th Ave. S. It being 7:15 F.M., Niayor I{ittell called for the hearing on the zoning variation of Lavern Nelson,, ?445 - 16th Ave. 5. for a variation in side- yard set back and read the notice of hearing. Lavern Nelson,. 7445 - 16th Ave., appeared in his own behalf. No persons appeared in opposi tion. Motion by Schultz, seconded by Shields, that the hearing be closed. Carried.. Motion by Shields, seconded by Serstock,, that the council grant the re- quest of Lavern Nelson,.-7445 - 16th Ave., for a variation in side-yard set- back at 7445 - 16th Ave. S. Carried.. C-4726 -6- October 2$, 1957 13. Statement of Policy Motion by Schultz,. seconded by Benstock,. that the Inspection Division be authorized to advise p roperty owners that they may apply to the council to build attached garages on corner lots closer than twenty feet from the side street as is required by the zoning ordinance. Carried. 14. Hearing - Speciar Use Permit - 5t« Richard•s Church It being 7:15 P.M.,. Mayan Kittell called for the hearing an the special use permit of St« Richardts Church,, 7548 Penn Ave., for permission to move building to 7540 Penn Ave« and read the notice of hearing. Conrad Carr-,. 7925 Nicollet Ave.,. appeared representing the applicant. K. W. Conway,. chief inspector,, appeared at the request of the council to describe the construction of the building in question. Motion by Schultz, seconded by Wallick,, that the council grant the special use permit to St« Richardts Church to move a 20x55 building to the church property for storage and living quarters and that the chief inspec- tor be authorized to impose conditions upon the granting of the moving permit so as to insure compliance with the building code. Carried.. C-472? l5. Hearing -Special Use Permit - 901-17 E. 66th St. It being 7:15 P«M., Mayor Kittell called for the hearing on the special use permit of A. G. Bogen, 5928 Portland Ave.,. for a special use permit for a bowling alley at 901-17 E« 66th St. and read the notice of hearing. Eugene Voss,. 6927 - 4th Ave.,. lessee, appeared representing the owner. Tom Cologerson,. 6615 E11iot.Ave., appeared in opposition. Albert Basil,, 221 - 7th Ave. N«E., inquired relative to off -street parking requirements.. Motion by Benstock,. seconded by Shields, that the hearing be closed. Carried. 1 -7- October 28,. 1957 Motion by Schultz,.s econded by Serstockq that the council defer action until the next regular meeting or until the ap plicant shall provide a plan far adequate off-street parking. Poll of votes: Ayes - Serstock,. Schultz and Rittell. Nays - Wallick and 5'hields. Absent - none. Carried.. ib. Hearing - Land Division - B..side of 17th Ave«.- 70th & Diagonal It-being 7:15 P.M., Mayor Rittell called for the hearing on the request of John H. Palmer,.6736 14th Ave., for a land division and read the notice of hearing.. John H. .Palmer,. 6736 - 14th Ave.., appeared in his awn behalf. 1 No persons appeared in opposition. Motion by Serstock„ seconded by Schultz, that the hearing be closed. Carried.. Motion by Shields, seconded by Serstock,, that the council grant the request of John H. Palmer, 6736 - 14th Ave., to divide Lots 3 & 4,. Block 2,. Engberg Walden Second Addition. C-4728 Po1i of votes: Ayes -Shields, Serstock,, Schulte and Rittell. Nays - Wal lick. Absent - none. Carried. 17. Commercial Building Permit and Off-St« Parking--Block 1~Strand Bowen 2nd_ Joe Rimnac,. 10554 ientworth Ave., appeared in his own behalf. Motion by 5erstock, seconded by Shields, that the council grant the commercial building permit of~Joe Rimnac,. 1C554 Wentworth Ave. to construct an office and retail sales building on Lots 1,. 2 and 3, Block 1,, 5trand- Bowen 2nd Addition. Carried.. C-4729 1 Motion by Serstock,, seconded by Shields,. that the council grant the commercial building permit of Joe Rimnac, ~.Os54 Tnientworth Ave«, to construct f,~ -g- October 28, 1957 an office and retail sales building on Lots 4 & 5,, Block 1, Strand-Bowen 2nd Addition. Carried, C-4730 Motion by 5hieids,. seconded by Serstockp that the council grant tenta- tive approval to the off-street parking lay-out of Lots ip 2, 3,, 4p S, Block 1„ Strand-Bowen 2nd Addition. Carried. l8~ Commercial Building Permit -Assumption Church Motion by Shields, seconded by Schultz,, that the council grant the com- martial building permit of Assumption Church,. 78th 5t. & 3rd Ave. for an addition to the school building on 78th 5t. and 3rd Ave. Carried.. C-4731 19. Bids - Rock Salt The acting manager presented minutes of the bid-opening on rock salt for the iiillage of Richfield dated Oct.. 28,. 1957. Motion by Schuit~,. seconded by Shields, that the council accept and file the minutes of the bid-opening. Carried. C-4732 The acting manager presented the tabulation of bids_ A discussion followed, The council was of the opinion that in the case of a tie bid, prefer- ante should be shown to local representatives. D. D. McCoy,, 6744 Irving Ave. S., representing Cutler-Magnor Co., and Donald White, 662? - 17th Ave« S., representing Morton Salt Co., were present. Both representatives agreed that the contract should be awarded to whichever won the toss of the coin. Mayor Kittell tossed a coin. Cutler-Magnor Ca. was judged to be the winner. Motion bq Wallick,, seconded by Serstock,. that the council accept the bid of Cutler-.Magnor Co« for a total of $2495.00 for 150 tons. Carried. -9- October 28,. 1957 20. Request for Extension - Off-Street Farking A letter from Sam Rutman,. 6400 Lyndale Ave« S., dated Oct. 10,. 1957, requesting an extension of time on the off-street parking contract for Bert Rutman appeared representing the applicant. 6412 Lyndale Ave. was read./ The council took no action. 21. Request to Construct Sidewalk -Oak Grove Luth« Church A letter from Oak Grove Lutheran Church,, 71st and Lyndale Ave., dated Oct. 17, 1957,. was read requesting permission to construct a sidewalk on Augsburg Ave. between 70th and 71st Streets along the east side of the new building plus an additional 15 feet. Motion by SerstockA seconded by Shields, that the letter from Oak Grove Lutheran Church dated Oct. 17,, 1957 be accepted and filed and that the council grant permission to construct the sidewalk as requested, in com- pliance with the existing ordinance. Carried« C=.4733 22. Request to Rezone E. Side of Pleasant betty. 63rd and 64th Sts. C. H. Krans,. 7029 Garfield Ave.,, appeared representing J. A. Kunz, the applicant,. requesting that the zoning be changed from residence to mul- tiple dwelling,. lots on Pleasant Ave« between 63rd and 64th Streets and to allow improvements to be assessed over a 20-year period. A discussion followed. The council tools no action. 23. Letter -Korner Displays, Inc. A letter from Korner Displays, Inc. outlining a plan for charitable contributions through advertising on litter receptacles in the Village. was read. 24. Hennepin County Watershed Mayor Kittell read a resolution from the County Board setting a meeting for N ovember 6,. 1957 to consider the advisability of petitioning the Water r ..10.. October 28, 1957 Resources Board of Minnesota for the establishment of a watershed district which will include all of Hennepin County. Motion by Shields, seconded by Wallick,, that Councilman Serstock, the manager and engineer attend the meeting scheduled for Nov. 6,. 195?. Carried,. 25, Petition - Sanitary Sewer Motion by Kittell,. seconded by Shields, that the council accept and file the following petition for consideration in the 1958 construction pro- . c gram: Pet. #536 both St, between 15th and 14th Aves. C-4?34 Carried« 26. Change Orders Motion by Waliick, seconded by Shields, that the council authorize the n mayor and manager to execute the following change order: #1, V. P. #345, Contract #393, General Construction Cedar Ave. Liquor Store, deduct $1395.50 and authorize 10 calendar days extension of ~~~pietion time. Carried.. C-4738 Motion by Wallick,, seconded by Shields, that the council authorize the mayor and manager to execute the following change order: #1, V; P. #345, Contract #39b, Mechanical Constructian Cedar Ave.. Liquor Store, add $110.00. Carried. C-4739 Motion by Wallickp seconded by Shields,. that the council authorize the 1 mayor and manager to execute the following change order; #].~ V. P. #345,. Contract #398, Biectricai Work Cedar ave. Liquor Store,, add ~ 1]..26. E~~rried.. C-4740 Motion by Serstock„ seconded by Schultz, that the council authorize the mayor and manager to execute the following change order . -11- October 28p 195? #l, V. P. #344C, Contract #403, well at 74th St. & 1Sth Ave., Ea H. Renner & Sons Well Co., add $145.00. ' Carried.. C-4741 27. Authorize Transfer Capital Outlay to General Fund 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. 1443 RESOLUTION AUTHORIZING TRANSFER OF APPROPRIATION FROM THE CONTINGEKCY .ACCOUNT TO THE CAPITAL OUTLAY AND MAYOR-COUNCIL ACCOUNT OF THE GENERAL FUND IN THE 1957 BUDGET Poll of votes: Ayes - Wat lick,. Shields„ Serstock, Schultz and Kittell. Na~-s - None. Absent - none. Carried, This resolution appears as resolution #1443 in resolution book #10. 28. Establishing Municipal State Aid Street System Motion by 1~a11ick, 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. 1444 A•ESOLUPION ESTABLISHING MUNICIPAL STATE AID STREET SYSTEM Poll of votes: Ayes - Wallick, Shields, Serstock,, Schultz and ICittell. Nays - none. Absent - none. Carried. This resolution appears as reso lution #1444 in resolution book #10. 29. Relating to Bond on Off-Street Parking - Southdale Real ty Motion by Wallick, seconded by Schultz, that the following reso lution be adopted; that it be spread in the resolution book and that it be made a part of these minutes: c 6 -12- RESOLUTION NO. 1445 RESOLUTION RELATING TO BOND ON OFF-STREET PARKING Poll of votes:. ayes - Wallickp Shields, Serstock,, Schultz and Rittell. Nays - none. Absent - none. Carried.. This resolution appears as resolution #1445 in resolution book #10. 30. Off-Street Parking Contract - 6501 Penn Ave. ~~. Motion by Serstock, seconded by bVallick, that the following resolution be adopted; that it be spread in the reso lution book and that it be made a part of these minutes: October 28, 1957 RESOLUTION NO. 1446 RESOLUTION APPROVING LAYOUT AND CONTRACT FOR OFF- STREET PARKING IN ACCORDANCE tn1ITH APPLICATION N0. 5?-29,. CONTRACT lv'0. 420 - 6501 Portland Ave. C-4735 Poll of votes: Ayes - tVallick, Shields, Serstock,. Schultz-and Kittell. Nays - none. Absent - none. Carried.. This resolution appears as reso lution #1446 in resolution Boom #10. 31. Off-Street Parking Contract - 3020 W. 66th St.. 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: ' RESOLUTION N0. 144? RESOLUTION APPROVING LAYOUT AND CONTRACT FOR OPF- STREET PARKING IN aCCOItDANCE tNTTH aFPLICATTON NO. 59-2b CONTRACT N0. 416 2030 W. 66th St. C-4736 Poll of votes: Ayes -trJallick,. Shields, Serstock,. Schultz and Kittell. Nays - none. absent - none. Carried. This resolution appears as resolution #l44? in resolution book #10. 32. Providing for Submission of Question at General Election Motion by Shields, seconded by Schultz, that the following resolution be 1 =13- October 2$r 1957 ~ adopted; that it be spiread in the resolution book and that it be made a part of these minutes: RESOLUTION NO. 1448 INITIAL RESOLUTION FQR ISSUANCE OF GENERAL OBLIGATION BONDS FOR PUBLIC SAFETY AND COI~A4UNITY BUILDING AND PROVIDING FOR SUBMISSION OF !@UESTION AT GENERAL ELECTION Poll of votes: Ayes - tiVall.ick,, Shields,. Serstockp Schult~i and Kittell: Nays none. Absent - none. Carried.. This resolution ~ pears as resolution #1448 in resolution book #l0i 33. .estimates . Motion by GVallicka seconded by Schultz, that the following estimate be 1 allowed: Est. #1,'V+ P; 345, Contract'.396,.'Mechan ical Construction Liquor Store, b8% complete, H. Conrad Mfg. Co;, $14,3Rn.56. Carried: Motion by Wallick,. seconded by Schultz, that the following estimate be allowed: Est. #3,. V. P. 341,. Contract 401,. M, E, Kraft Co., street and alley grading, 96;3% complete,. $3,672.00: Carried; 34. Licenses Motion by Wallick,, seconded by Shields; that the following licenses be granted: Renewal Ted & Roy•s Place 1400 E; bbth St; Dance New t~iilliam A+ Olson (tNhite Grill) 661b Penn Aye: Food,, Soft Drink„ Cigarette New John A. Sjoberg 8327 13th Ave: S. Taxicab Driver #229 New Gary R; Grobe 10709 Nord Ave:. S: Taxicab Driver #230 Renewael. Violet E; Brittain 8731 Queen Ave. S: Taxicab Driver #231 New John M; Colbenson 287? W. 712 St. Taxicab Driver #232 Carried. 1 35. Claims & Payroll Motion by Schultz, seconded by Serstock;. that the following claims and payroll be allowed: .~.--- _-.__ _a_ ~ -~ -14- Id RICF}P IBLD STATE BANK Ck. #5158 - 5233' Payroll #8584 - 8713 Carried. $12,72.02 22,?73.52 36. Authorizing New York Trap for Bond Rating October 28, 157 Motion by Schultz,, seconded by Serstock„ that the council authorize Mayor K.ittell and Councilman Shields to attend a meeting at Vii'lage~expense with Moody's Investors Service in New York in the company of T•. G•. Evenson, financial consultants, to discuss the Village of R3.chfield's bond rating. Carried.. 37. Change of Meeting Date Motion by Wallack, seconded by Serstock~,, that the clerk be authorized i to advertise a change in council's next regular meeting date to November 12, 195.? at 7:00 P.M. Carried. 38. Adjournment Meeting by Wallick,, seconded by Serstock,, that the meeting be ad,journed.. Carried.. APPROVED:. Nov. 12, 1957 Paul Haugen, page Clerk e~ Fred O. Kitten, Mayor Leo J. Jolly, Acting Manager