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11-12-1957 VILLAGE OP RICHFIELD Regina. r Meeting - - - November ~12,, 1957 The council of the Village of Richfield met in regular session in the council chambers of the Village Hall,. 57Q0 Portland Ave.,, on Monday,, Novem- ber 32 ,. 195 7 at 7 : QO P,M~ Maq or Kitten called the meeting to order. Present: Wailickb Shields, Schulte and Rittell. Absent: Serstock. Rev. Lowell A. Reinking,. Church of Peaces gave the invocation. 1. ~li.nutes Motion by Schultz,. second~l by Shields, that minutes of the regular meet- ing of October 28,. 1957 be approved. Carried.. 2. Reports Motion by 5chultz,. seconded by Shields,. that the following reports be accepted and filed: Hennepin County Relief Report, Oct. 1957 C-4742 Inspection Report -Oct. 195? C-4743 Liyuox Rtore Report -Sept. 1957 - C-4744 Financial Statement -Oct. 195? C-4745 Carriedr 3. Bill No. 1957-13 Zoning Amendment -Rasmussen Property) Bill No. 1957-13 entitled: "AN ORDINANCE AIABNDMSNT SAT CERTAIN ORDI- NANCB NO. 2.Q3 OF THB VILI~GB OP RICHFIELD, MINNESOTA BNTITLED •AN ORDINANCE P(Rt THB PURPOSE OP PROMOTING HEALTH, SAFETY, ORDER, CONVBNIBNCB, PROSPERITY AND GENERAL WELFARE BY RBGUrATING THB USB flP LAND, THB LOCATION AND USB OP BUILDINGS, THE ARRANGBMPI~dT OP BUILDINGS ON LOTS, AND THB DENSITY OF POPUTA- TION IN THB VILTAGB OP RICHFIELD, HBNNBPIN COUNTY, MINNESOTA' PASSED THB 25TH DAY OP ~CTOBBR, 1954,. AS SUBSEQUENTLY AMBNUED"' was read by the Village Attor- ney, the same being on file in the office of the Village Clerk. C-4724 -2- November 12, 1957 Motion by Shields,. seconded by Schultz,, that this constitute the second reading of Bill No. 195?-13. Poll of votes: Ayes - Wallick,. Shields,. Schultz and Kitteli. Nays - none. Absent - Serstock. Carried.. Motion by Shields, seconded by Schultz,, that the council adopt Biii No. 1957-13,. that it be published in the official newspaper and that it be made m part of these minutes. Poii of votes: Ayes - Wallick, Shields, Schulte and Rittell.' Nays - none. Absent -Serstock. Carried. 4. .Dill No. 1957-14 (Zoning Amendment - Opsahl Property) Bill Na. 1957-14 entitled: "AN ORDINAICCB AMENDING THAT CERTAIN ORDI1tF~NCB NO. 2.03 OP THE VILLAGE OP RICHFIELD, MINNESdTA EN~ITLBD *AN ORDINANCE:FOR"THE PURPOSB OP PROMOTING HEALTH, SAFETY, ORDER, CONVE~iIENCE, PRO&PERITY AND GENERAL WELFARB BY REGULATING THE IkSE OF LAND, 1HB LACATION AND USB OF BUILDINGS., THE ARRAATGBMENT OF BUILDINGS ON LOT5, ANU THB DENSITY OP POPULATION TN THE VILLAGE OP RICHFIELD, HENNEPIN COUNTY, MINNSSOfi'A* A5 PASSED THB 25TH DAY OP OCTOBBR Y954,. AS SUBSEQUENTLY AMENDED" was read by the Village Attorneys the same being on file in the office of the Village Clerk. C-4737 Motion by Shields, seconded by Schultz,. that this constitute the second reading of Biil No. 1957 14. Poll of votes: Ayes - WallickA Shields, Schultz and Kitteli. Nays.- none. Absent - Serstock. Carried.. Motion by Shields, seconded by Schultz,, that the council adopt Biil No. `` 1957-14, that it be published in the official newspaper and that it be made a part of these minutes. ~ Poll of votes: Ayes - WallickA Shields,. Schultz and ICitteil. Nays - none. Absent - Serstock. Carrieda. -3- November 12, 1957 _ 5. Bill No. 1957-15 (Zoning Amendment - Donaldson Property) Bill No. 19S? 15 entitled: "AN ORDINAR'CB AMENDIi~ THAT CERTAIN ORDINANCE NO. 2.03 OP THE VILIAGB OF RICHFIELD, MINNESOTA ENTITLED •AN ORDINANCB FOR THE PURPOSE OF PROMOTING HBALTH, SAFETY, ORDER, CONVBNIBNCE, PROSPERITY AND GENERAL WELFARB BY REGULATING THE USE OF LAND, THE LOCATION AND USE OF POPULATION IN THB VILLAGE OF RICHPIEI,D, HENNEPIN COUNTY, MINNESOTA* PA S5BD THB 25TH DAY OF OCTOBER 1954,. AS SUBSEQUENTLY AMENDBD" was read by the Village Attorney,. the same being on fi le in the office of the Village Clerk. C-4746 Motion by Shields, seconded by Schultz, that this constitute the first reading of Bill No. 1957-15. Poll of votes: Ayes -Wallick, Shields, Schultz and Kittell. Nays - none. Absent - Serstock. Carried '' Motion by Shields, seconded by Schultz, that the people affected in the area be notified of any commercial building permits to be issued so that they can be heard. Carried. 6. Set Date of Hearing - Rezoning - 63rd & Pleasant Motion by Schultz,. seconded by Shields, that the council authorize the zclerk to advertise a hearing on the rezoning of the following property: Center line of bard St. to 2~ ft. north of 65th St. from Pleasant Ave,. CB+ side) to 1/2 block east of Pleasant Ave., from residential and open development to multiple residence, hearing to be November 25th„ 1957 at 7:15 P.M. Carried.. 7. Set Date of Hearing - Rezoning - 7501 Morgan Ave. Motion by Schultz, seconded by Wallick,. that the council authorize the _ clerk to advertise a hearing on the rezoning of the west 155.5 ft, of the east 311 ft. on N. 153a6 ft_ of Sa of NW4 of SW~ of Sec. 33, T. 28,. R. 24, known as 7501 Morgan Ave. S,, from open delopment to residentialr hearing to be November 25,, 195?, Carried, l -4- November 12 ,. 1957 8. Hearing- Special. Use Permit - 6527 Portland Ave. It being 7:15 P.M.,. Mayor Kittell called for the hearing on the special -use permit of Albert Basil,. 2?1 - 7th Ave. N. B. fora bowling alley to be located at 6527 Portland Ave. and read the notice of hearing. Terris Basic„ 6626 - 16t~i Ave.. S., appeared in favor of the ~ plication. Henry Lundquist, b520 Portland Ave.* appeared and presented a remonstrance petition containing 16 signatures of property ovaners, Motion by Shields, seconded by Schultz,. that the petition be accepted and filed. Carried. C-4747 Motion by Schultz,, seconded by Shields,. that the hearing be closed. Carried. Motion by Shields, seconded by Schultz, that the council deny the request of Albert Basil,. 221 - ?th Ave. N.B., for a special use permit to locate a bowling alley at 6527 Portland Ave. Carried. 9. Hearing -Special Use Permit - 6420 Nicollet Ave. It being 7:15 P.M., Mayor Kittell called far the hearing on the special use permit of H.. B. Ackley„ 5701 Nicollet Ave. far a self-service drive-in restaurant at 6420 Nicollet Ave. and read the notice of hearing. Jerome Blatz appeared as attorney for the applicant. H. B. Ackleyp 5701 Nicollet Ave.,. appeared in his own behalf. The following people appeared in opposition: Harlan Nelson 6401 - 5th Ave. S. Roy Cockrg~ 6244 Grand Ave. James Rae 901 Rae Drive requested information. Motion by Waliick„ seconded by Shields, that the hearing be closed. Carried. Motion by Shields,. that the council deny the special use permit request of H. B. Ackley,, 5?01 Nicollet Ave.., for a self-service drive-in restaurant -5- November 12, 1957 at 6420 Nicollet Av~e« Motion lost for want of a second. Motioh by Schultz,, seconded by Wallick„ that the council grant the spe- vial use permit for a drive-in restaurant at 6420 Nicollet Ave. Poll of votes -Ayes -Schultz, Wallick. Nays -Shields and Kitten. Absent - S•erstock. ~'~ +~.on lost. Motion by Schultz, seconded by Wallick,. that the request of A. B. Ackley, 5701 Nicollet Ave.,. for a special use permit for a. drive-in restaurant at 6420 Nicollet Ave. be deferred until the next regular meeting, November 25,. 195?. Poll of votes: Ayes - Wallick, Schultz, Kitten. Nays -Shields; Absent - Serstock. Carried. 10. Hearing - Adjustment & Appeals - 6424 Bloomington Ave. Tt being 7:15 P.M., Mayor Kitten called for the hearing on the appli- cation of James 5. Erickson, 5045 Colfax Ave« 5., for a building variation at 6424 Bloomington Ave. and read the notice of hearing. No persons appeared.. Motion by Wallick,. seconded by Schultz, that James S. Erickson be•noti- fied to attend the next regular meeting. Carried,. 11. Special Order of Business - Discussion on Crossing at ?3rd & Hwy #65 Motion by Wallick„ seconded by Shields, that .the rules be suspended to invite a discussion on the proposed crossing at 73rd St. and the #65 Highway. Carried. Jos. E. Ryan, 7313 Girard Ave.p appeared as spokesman for a group of in- texested property owners. The manager offered information relative to the #65 Highway at the proposed crossing at 73rd St. The following people appeared and took part in the discussion: Lawrence Molsather Pat Colbert 7226 Humboldt Ave. 1308 W. 73rd St. ..6_ November 1?L,, 1957 C. C, Aronson, Jr. 7325 Humboldt Ave. Robert L. Bower - 1400 W. 73rd 8t. Mrs, Tany Grise 7321 Fremont Ave« Mrs« E. N. Barsness 7501 Humboldt Ave. pn any plans regarding this crossing,. Joseph P« Ryan is to be notified as.~.pokesman for residents in this area before any council action is taken. 12. Deferred Special Use Permit - 901-17 B. 66th St. Mayor Kit tell called for consideration of the special use permit appli- cation of A; G. Bogen, 5928 Portland Ave.,.. which matter was deferred from the last regular meeting. Eugene Vohs, 6927 - 4th Ave., appeared on behalf of A. G. Bogen. A letter of agreement from the Richfield Nursery,. 8i1 E. 66th St., for parking on the 66th St« side was presented.. However, the Villa ge Attorney ruled this in fact did not constitute a binding agreement. A letter was also read from Johns-Manville Sales Co. regarding .the noise level on 8" blocks. It was stated that the noise could b e reduced to a point where none would be heard outside the building. A remonstrance petition containing 17 signatures was presented, Motion by Shields, seconded by Schultz, that the council accept and file the petition containing l7 signatures opposing the proposed special use permit. Carried. C-4748 The following persons appeared in opposition to a bowling alley at 901-17 E, 66th St.: Tom Ralogerson Ray A. Schmidt 6615 Elliott Ave. 6614 - 10th Ave. It was agreed that action on this matter be deferred until the next meeting. Councilman Wallick ventured to obtain further information regard- ing sound reduction for the building. -7- November ]2 ,, 1957 13. Bids on Safe for Cedar Ave. Liquor Store . Minutes of the bid-opening on the safe for the Cedar Ave. Liquor Store. dated Nov« 12,. 19S? were presented. Motion by ShieldsF seconded by Schultz, that the minutes of the bid- opening of Nov. 12, 1957 be accepted and filed.. Carried. C-4749 The manager presented a tabula tion of the bids together with a recommen- dation for award. Motion by Schultz,, seconded by Shields, that the council accept the low bid of Diebold inc. for a total of $498.00 as recommended by the manager. Carried. 14. Reconsideration on Rezoning - 6309 Portland Ave. Motion by Wallick„ seconded by Schultz, that the council reconsider their previous action of October 28,. 1957 on the application of Harold Johnson, 5838 Portland Ave. to rezone 6309 Portland Ave.. from residential to multiple residence. Motion by Shields,. seconded by Schultz,. that the petition presented con- taining 17 signatures of property owners concurring in the request to rezone 6309 Portland from residential to multiple residence be accepted and filed. Carried.. C-4?50 Motion by Shields,, seconded by Schultz, that the council authorize the manager and attorney to draw an amendment to ordinance No. 2.03 to rezone Parcel 138,. Plat 44826 C6309 Portland Ave.) and that the attorney be fur- ther instructed to obtain a deed to acquire a 17 ft. right-of way on the pro- petty. Carried« 15. Call for Bids -Petroleum Products Motion by Shields, seconded by Schultz,..that the council authorize the clerlt to advertise for bids on petroleum products; bids to be opened Novem- -8- November 12, 1957 1 her 29,. 1957, at 11:00 A.M. Carried.. 16. Call for Bids - Workman'•s Comp. and Fleet Liability & Property Damage Insur. Motion by Shields, seconded by Schultz, that the council authorize the clerk to advertise for bids on insurance covering workman's compensation, fleet liability and property damage; bids to be opened December 2, 1957 at 11:00 A.M. Carried. 17. Comma rcial Building Permit - 7524 Lyndale Ave. Motion by Shields, seconded by ScYiultz, that the council grant the com- 1 mercial building permit for an office building at 7524 Lyndale Ave. requested by Lilly Smild en; 5532 Chantrey Road, Minneap oils. Carried.. C-4751 Motion by Schultz, seconded by Shields, that the council grant tenta- tive approval to the off-street parking layout of 7524 Lyndale Ave. Carried.. 18. Bond on Off-Street Parking Contract - 6445 Penn Ave. S. Motion by Schultz, seconded by Shields, that the following resolution be adopted; that it be spread in the resolution book and be made a part of these minutes: RESOLUTION NO. 1449 RESOLUTION REIATING TO BOND ON OFF-STREW PARKING, D. X. SUNRAY OIL CO. 6445 Penn Ave. South Poll of votes: Ayes - Wallick„ Shields, Schultz and Kitten. Nays - none. Absent - Serstocl~. This resolution appears as reso lution #i4 49 in resolu- tion book #10. 19. Off-Street Parking Contract - 1201 E. 66th St. 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: -9- 1 1 Poll of votes: Ayes - Wallick,, Shields, "~h~ettz and Rittell. Nays - none. November 12, 1957 RESOLUTION NO. 1450 RESOLUTION APPROVING LAYOUT AND CONTRACT FOR OFF=STREET PARKING IN ACCORDANCE WITH APPLTGATTON NO. 5?-25, CONTRACT #416 - 1201 E. 66th St. C-4752 Absent - Serstock. Carried. This resolution appears asresolution #1450 in resolution book- #10. 20. Off- treet Parking Contract = 6616 Penn Ave. Motion by Shields, seconded by Schultz, that the following.reso~.ut~on be adopted; that it be spread in the resolution }gook and that i'b be made a part of these minutes; 'RESOLUTION Ntl. 145r ~ ' RESOLUTION APPROVING LAYOU`~ AND CONTRACT POR C?FF~+ ST~tEE'x PA RKING IN ACCORDANCE WITH APPLICATION N0: 3728, CONTRACT NOt 419 ~ 6616 Senn Ave. S 01753 Poll of votes: Ayes - Wallick,,Shields, Schulte and Kittell~ Nays - none. Carried. Absent -Serstock. /This resolution appe ars as resolution #1451 in resolution book #10. 21. Bond on Off-Street Parking Contract - 6337 Lyndale Ave. 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 N0. 1452% RESOLUTION RELATING TO BOND ON OFP-STREET PARKING - JACOBSEN•& QUIET - 6637 Lyndale Avenue Poll of votes: Ayes - Wa11ic2c,, Shields,, Schultz and Kittell. Nays - none. Absent - Serstock. Carried. This resolution appears asresolution #1452 in resolution book #10. 1 . - -lo- 22 Extension of Tme;~.Fa~lden's 4th Ac1~~diy two` November 12,. 195'. Motion ~y Sliielcts; seconded by ScYiultz; that the following resolt be adopted; that it be spread in the resolution book and that it be ma..~ w part of these minutes: - RESOLUTION NO. 1453 RESOLUTION AUT~iORIZING EXTENSION OFD TIME FOR COMA I3t.ETTON 0~ CONTRACT, FALLDBN'S FC3UliTII ADDITI0IV 1 Poll of.vntest Ayes y Wall~ck, Shields Schultz and Kitt~lli Nays - nonea Absent - erstocki Carriecls This resolution appears as resolution #1x53 in resolution bock #10, 23i Accepting Street -~ Larsonfs Southt~iew Gardens: 2nd Adc~, ..~ Motion by Shields seconded by Schultz, that the following resolution be adopted •, that it be~spread in the resolution hook and that it be made a part of these minutes; RESOLUTION N0. 1454 RESOLUTION ACCEPTIA'G STREET IN IARSON'S SOUTH VIEW GARDENS SBCOND ADDITION Pall of votes: Ayes - Wallick,, Shields,. Schultz and Kittell. Nays -none, Absent - Serstock, Carried. This resolution appears as resolution #1454 in resolution book #10. 24, Authorizing Use of Temporary Bua.ldings - St.. Richard's Church Motion by Schultz, seconded by Wallick,, that the follow ing resolution be adopted; that it be spread in the resolution book and that it be made a part of these minutes: RESOLUTION NO, 1455 1 RESOLUTION AUTHORIZING USB OF TEMPORARY BUILDINGS FOR RBSIDENTS, STORAGE AND CLA°SROOMS -- STS RICHARD'S CHURCH C-4754 Poll of votes: Ayes - Wallick, Shields, Schultz and Kittell. Nays - none. -11- November 12, 1957 Absent -Serstock. Carried.. This resolution appears as resolution #1455 in resolution book #10. 25. Off-5 treet Parking Contract ~ - 300-316 tV. 65th S t.. 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. 1456 RESOLUTION APPROVING LAYOUT AND CONTRACT FOR OPF- STREET PARKING TN ACCORDANCE WITH APPLICATION NO. 57-14, CONTRACT NO. 413 - AND ACCEPTING SAVINGS ACCOUNTS IN LIEU OF SURETY BOND C-4755 Poll of votes: Ayes - W allick, Shields, Schultz and I:ittell. Nays -none. Absent -Serstock. Carried.. This resolution appears as resolution #1456 in resolution book #10. 26. Estimates Motion by Shields,. seconded by Schultz, that the following estimate for Harry D, Tickner be allowed: V. P. #344A, Contract #407, Portable Warming Houses - Estimate #1 and final,. 100% complete,. Amount $4,660.00.. Carried. Motion by Shields,, seconded by Schultz, that the following estimate for Crowley Fence Co. be allowed: V. P. #344E„ Contract #389,. Augsburg Park Tennis Caurt Pence, Estimate #I and final,. 100° complete, Amount $1,160.00. Carried. Motion by Shields, seconded by Schultz, that the following estimate for American Electric Co. be allowed: V. P. #345, Contract #398,. Electrical Work for New Liquor Store, Estimate #3, 67% complete, Amount $5,400.00. Carried. Motion by Schultz, seconded by shields, that the following estimate for Trail Nursery be allowed: V. P. #345C,, Contract #414,. Plant Trees for New 1 -12- November 12, 1957 Liquor Store,, Estimate #1 and final, 100°Jo comple te, Amount $768x52. Carried« Motion by Schultz, seconded by Waliick„ that the folla+uing estimate for C. H . Peterson Construction Co., V. P. #345,. Contract #393, General Construc- tion N ew Liquor Store, Estimate #3, 82.4% complete, Amount $15,300.00. Carried. ~7. Licenses Motion by Schultz, seconded by Shields, that the following licenses be granted: 1 1957 New The Holverson Co. Tnc. 209 E. Lake St« Heating Renewal i•Vayside Inn 751 Lyndale Ave. Dance New Stillman Co. ~ 6620 Lyndale Ave« Off-Sale Beer,. Soft Drk.,Cig« Renewal Richfield Yts Men, 65th & Pillsbury (Pee Waived) Christmas Tree Renewal Men*s Club - Hope Presbyterian Church (Fee Waived) Christmas Tree (lst lot W, of NW cox. 66th & Portland & SW cox. 66th & 13th--Cities Serv.) Renewal Richfield Nursery 811 E. 66th St« Christmas Tree Renewal Keefe*s Market 6901 Lyndale Ave.. Christmas Tree New S & F Bake Enamel 640? Penn Ave. Christmas Tree Renewal Richfield Cab Co. 8340 Pillsbury Ave« 3 cabs (Replacements) New Donald Richard Bloomquist 7543 4th Ave. S. Taxicab driver #233 New Richard George Brasuhn 9532 10th Ave. 5.. Taxicab driver #234 New Craig Stewart Germanson 6100 10th Ave. S. Taxicab driver #235 New Alfred Giocke 2283 W. Old Shakopee Road Taxicab driver #236 New Alfred W. Knowler 7915 Brd Ave« S« Taxicab driver #23? New Theodore J. Neumeister 9324 5th Ave« S. Taxicab Driver #238 New Dale Otto Schulz 8142 Upton Ave. S. Taxicab Driver #239 Renewal American Legion Post #435 b501 Portland Ave.. Bingo (Fee Waived) Renewal Assumption Church 78th & 3rd Ave,.. Bingo (Pee Waived) 1958 Renewal : Stillman Co« 6620 Lyndale Ave. Off-Sale Beer,. Soft Drk.,. Cig. Renewal Richfield Theatre, Inc. 6500 Nicoliet Ave. Theatre Renewal Richf field Auto Repair 6420 Penn Ave. S. Soft Drink & Cigarette Renewal Al Waiz D X 6445 Penn Ave. S. Soft Drink & Cigarette Renewal Nelson Drug Co. 6353 Lyndale Ave. S. Food,. " " " Renewal Lyndale Fruit Veg. Mkt. 6412 Lyndale Ave. Soft Drink Renewal C].a. rk *s Super 100 220 l~V. 66th St. Cigarette Renewal G & G Motos 6501 Cedar Ave. Used Car Lot Carried+ The council instructed the Village-Attorney to draw up a proposal for a change in ordinance on non-intoxicating beverages to clear ambiguity of ordinance on off-sale of beer in stores. _ -13- 1 t. November i2, 195? 28, Clams & Payaco~,~., . Motion by Schultz, seconded by Shields, that the following clai ms and payroll be allowed: RICH~.~._ STAT'8 $A.11~K Ck, #523 ~ 5348 Payroll Ck. #8714 - 8834 Carried. 29. Meeting at East School ~173k495.45 21,.26$.81 Motion by Schultz, seconded by Wallick,, that Councilman Shields be ap- 1 J pointed to represent the Village Council at the public hearing on proposed plans for trunk and interstate routes within the village,, meeting to be held November 14p 1957 at East School. Carried. 30. Community Center Meeting It was determined that Councilman Shields be the representative for the Village Council at the meeting Tuesday, November 19,. 1957. 31. American Municipal Congress Motion by Wallick„ seconded by Schultz,. that the council authorize transportation and registration fee for five rrepr~esentatives at the American Municipal Congress in San Francisco, December 1st to 4th, 1957, Carried. Motion by Wallick„ seconded by Shield s, that Councilman Schultz be desig- Hated the voting delegate for the Village of Richfield at the American Muni- cipal Congress. Carried. Clayton L. LePevere, Village Attorney, is voting delegate far the State League of Municipalities. 32. Adjournment '. Motion by Schultz, seconded by Wallick, that the ideating be adjourned: r I ' Carried. APPROVED• Nov. 25, 1 7 ~ ~,c ~ ~ ~ village Clerk a ~~ ' D ayor n ,,, ,y ~ .,., ~, _ Manager