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11-25-1957VILIAGE OF RIC~rrs " Regular Me~ti~g November 25,. 1957 The council of the Village of Richfield met in regular session in the council chambers of the Village Hal1A 6700 Portland Aver, on hlandayr Novem- ber 25r 1957 at 7:00 P;M.. Mayor Kittell called the meeting to order. Present: Wallick,. Shields, Serstoc~c~. Schultz and Ri~tell, Absent: None.. Re'v, Wapne fianrier~, Ytichfield Evangelical Churchm gave the invocations 1. Minutes Motion by Serstock,. seconded by Shields, that the minutes of the regu- tar meeting of November 12, 1957 be approveda Carried,,. 2,. Repots Motion by Shields, seconded by Wa11ic1~~, tha$ the following teports be accepted and f41ed: Liquor Store Report,. Oct. 1957 C~-4756 Hennepin County Nursing Report - Oct. 1957 C-4757 Carried.. 3. Bill No. 1957-15 (Zoning Amendment .~ Donaldson Property) Robert Roetman,. 7301 Logan Ave. S., appeared.. Louis E. Bussing,, 1900 W. 76th St.., appeared. No other persons appeared, Bill No. 1957-15 entitled: "AN ORDINAA~E AMENDING THAT CERTAIN ORDI- NANCE N0, 2..03 OP THE VILLAGE OP RICHFIELD, MINNESOTA ENTITLED *AN ORDT- NA1\CE POR THE PURPQSE OF PROMOTING HBA~TH, SAFETY, ORDER, C~iVENIENCE, PROS PEF~ITY AND GENERAL WELFARE BY REGULATING THE USE OF LAND, THE LOCATION AND UwE OF BUILDINGS, THE ARRANGEMENT OF BUILDINGS ON LOTS, AND THE DENSITY OP POPULATION IN THE VILLAGE OF RICHFIELD, HENNEPIN COUNTY, MINNESOTA* PASSED THE 25th DAY OF OCTOBER,-1954, AS SUBSEQUENTLY ~!M ENDED" was read'by the -2- November 2S, 1957 Village Attorney,, the same being on file 3n the office of the Village Clerk. C-4746 Motion by Wallick„ seconded by Schultz, that this constitute the second reading of Biil No. 1957-15. Poll of votes: Ayes - Wa1S.ick,.Shieids, Serstock,. Schultz and Rittell. Nays -- none. Absent - none. Carried,. Motion by Wallick„ seconded by Schulte, that the council adopt Bill No. 195715,. that it be spread in the ordinance hook, that it be published in the official newspaper and that it be made a peat of these minutes. Poll of votes: Ayes -~ 1~dalliclt~, Shieids~ 5erstcsck~ Schultz and Rittell« Nays nonet Absent - none`s harried;. 4, Hearing - Rezoning - 63rd & Pleasant It being 7:15 P.M.,. Mayor Rittell called for the hearing on the appli- cation of Jacob Runz,. 5012 W. 40th St..,. to rezone property located at: Center line of 63rd St. to 2?A * north of 6Sth St. from Pleasant Ave. (east side) to 1/2 block east of Pleasant Ave.,, from residential and open develop- ment to multiple residence, and read the notice of hearing.: Clarence Rrans, 7029 Garfield Ave., appeared representing the applicant. No persons appeared in opposition. Motion by Serstock,, seconded by Shields,. that the hearing be closed.. Carried. Motion by Serstock„ seconded by Schultz,, that the council authorize the manager and attorney to draw an amendment to Ordinance No. 2.03 rezoning Lots 6, 7, 8, 9, 10,. Block 5, Rearrangement of Nicollet Homes 2nd Addition,, Lots 4 & S,. Block 4, Rearrangement of Nicollet Homes 2nd Addition,, Lots b„ 7, 8,. 9~ 10,. Block 5,. Nicollet Homes Addition ftam residential and open develop- ment to multiple residence; the amendment to be submitted at a later meeting of the council. Carriecti -3- November 25, 1957 5. Hearing - Rezoning - ?501 Morgan Ave. It being 7:15 P.M., Mayor Kittell called for the hearing on the applica- tion of Phyllis Olson,. 7509 Morgan Ave.,. to rezone 7501 Morgan Ave. from open development to residential and read the notice of hearing. Ernie Mathieson, 2535 Harriet Ave., appeared representing the applicant. No persona appeared in opposition. Motion by Wallick„ seconded by Shields, that the hearing be closed. Carried.. Motion by Serstockr seconded by Wallick, that the council authorise the manager and attorney to draw an amendment to Ordinance No. 2.03 rezoning Parcel #6320,. Plat 44833 (?501 Morgan Ave.) from. open development to resi- dential. Carried 6. Set Date of Hearing - ?5th & Morgan Avea Motion by Wallick,. seconded by Serstock~ that the council authorize the clerk to adverbs e a hearing on the rezoning of the following described pro- perty: Nor therly boundary--Centerline ?5+.h St.; Southerly boundary--Center- line of 76th St.; Westerly boundary--Centerline of Morgan Ave.;. Easterly boundary--Centerline Logan Ave., (except Parcel 6320, Plat 44833,. S. 33,, T. 28, R. 24, ltnown as 7501 Morgan Ave.) Fromm open development to residential; hear- ing to be December 9, 195? at ?:15 P.M. Carried. 7. Suspension of Rules--Overpass at 73rd or 76th St. and Highway #65 Motion by Shields,. seconded by Wallick, that the council suspend the rules to hear persons present regarding the question of the construction of an overpass across Trunk Highway #6S at 73rd St. or 76th St. Carried. Mayor Kittell explained the process of designating state.-aid streets. The following persons appeared: Jos. Ryan 7301 Logan Ave. Don Erickson 7630 Lyndale Ave. C~ariton Lyttle 1400 W. 7Jth St. Lawrence Molsather 7226 Humboldt Ave. Mrs. Stark - b817 Harriet Ave. Bill Robinson 7325 Girard Ave. Marvin Feldeman 7340 Dupont Ave. Tim St. Martin 7301 Emerson Ave. Mrs. Tony Grise 7321 Fremont Ave.. -4- November 25, 1957 Motion by [arallick~ seconded by Shields, that the manager be instructed and authorized to write the Highway Department that any overpass crossing Trunk Highway #65 be located at 76th St. Carried.. 8. Set Date of Hearing - Smieja's 3rd Addition Motion by Shields, seconded by Serstock,, that the council authorize the clerk to advertise a hearing on the application of Thomas Smieja, T09 E. 68th St., to p lat land known as Smieja's 3rd Addition; hearing to be Decem- . ber 9„ 1957 at 7:15 P.M.. Carried.. 9. Set Date of Hearing -Special Use Permit_ - 6244 Pleasant_ Aye, Motion by Serstock„ seconded by Shields, that the council au thorize the a . clerk to advertise a hearing on the application of Adolfson & Peterson,. 28 17 Bryant Ave., for a special use permit to operate a nursing home at 6244 Pleasant Aveo; hearing to be Dec. 9,, 1957 at 7;15 P.M. Carried.. 10. Call for bids - Remittance Control Machine and a Combination check Signer and Bndorser ° Motion by Sers~tockb seconded by Shields, that the council authorize the clerk to advertise a call for bids for a remittance control machine and a combination check signer and endorser;, bids to be opened December 17,. 1957 at 11:00 A.M. Carried,. 11. ApEroval of lease with Metropolitan Airports Commission Motion by Serstock„ seconded by Schultz, that the council authorize the mayor„ manager and cle rk to execute a lease with the Metropolitan Air- ports Commission on p roperty known as: The SB quadrant of 66th Sty and 24th Ave.,. 900 feet in an easterly and southerly direction,. said lease for use of the property by Babe-Ruth League,. Inc. Carried. 12. Deferred Hearing - 6420 Nicolle t Aver -Special Use.Permit tion of H..B. Ackley, 5701 Nicollet Aver, for a self-service drive-in Mayor I{ittell called for the hearing on the special use permit applica- 1 -5- November 2S, 1957 restaurant at 6420 Nicoilet Ave.: which hearing was deferred from the is st regular meeting. J. Pit$ham, 6415 Blaisdell Ave., appeared as sp okesman for a group of property owners in opposition to the special use permit for a serf-serefice drive-in restaurant at b420 Nicoliet Ave. and presented a petition bearing 12 signatures opposing the granting of the special use permit. Motion by Serstock~ seconded by Schultz,, that the council accept and file the petition containing 12 signatures opposing the proposed drive-in restaurant at 6420 Nicoilet Ave. Carried. C-4758 H. 8. Ackley, appiicanta appeared. . Jerome V. Blatz,. attorney for the applicant, appeared. . Mrs. L• P. Battig, 6332 Nicoilet Ave., owner of the property, appeared. A discussion- followed. Motion by Shields,. that the appiica:tion of H. B. Ackley for a drivein restaurant at 6420 Nicoilet Ave. be denied, Motion lost for want of a second. Motion by Schultz,. seconded by Serstockp that the a~snage~t preriarv s proposed agreement for a special use pesmit to operate a setfservice restaurant at 6420 Nicoliet Ave. with the following conditioner i. A 10 ft. fends was requested bq the councii~.•o~ the basket weave redwood type. (It is possible that the height of this fence be lowered.) 2, In the screening area, 8-10 ft. evergreens (Black Hilts Spruce) must be planted at 10 ft. centers. 1 3. Alighting sketch designed by an electrical engineer must be submitted so that the lighting is d~Crected more toward the east than toward the residences that are to the west of the area, Poll of votes: Ayes - Wa113ck,,Serstock, Schultz. Nays - Shields & Kitten. Abseat - none. Carrie d, C-47S9 -6- November 25, 195? 13. Deferred ;fearing - Adjustment & Appeals - 6424 Bloomington Ave. N~ayor ~ittell called for the hearing on the adjustment & appeals of ~aitie~;S• ~ricksoin,, 5045 Colfax Ave.,. for a zoning variation at 6424 Bloomington Ave.,. which hearing was deferred from the last regular meeting. No persons appeared for or against this matter. Motion by Schultz,. seconded by Shields„ that the council grant the zoning variation of James S. Erickson,, 5045 Colfax Ave. S., for permission to build a house on an existing foundation which has less than 5 ft. side yard. Carried.: C--47b0 Poll of votes: ayes -Shields, SerstockA Schultz and Kittell. Nays - Wallick. Absent - none« Carried. 14. Deferred Hearing - 901-17 B. 66th S.t« - Special Use Permit Mayor Rittell called for the hearing on the special use permit of A« G. Bogen, 5928 Portland Ave., which hearing was deferred from~the last regular meeting. The Village Attorney informed the council that Mr« Bogen had stated that he wished to withdraw his application. The council took no action. 15. Bingo -American Legion Motion by Shields, seconded by Schultz,, that the request of American Legion Post #4~5 at 6501~Portland Ave., to..play bingo in their building Thursday, December 19,. 1957 be granted. Carried.. 16,. Commercial Building_ Permit - 100 4A. ?8th St.. R. J. Soens,, 7720 Pillsbury Ave., appeared. Motion bq Wallickp seconded by•Shields, that the council grant the commercial building permit of Opai Soens, 7720 Pillsbury Ave.,. to construct a garden store on Lot 3,, Block 5, R. C, Soen's Addition (100 W. 78th St.) Carried. C-4761 W7- November 25, ~.95Y Motion by Wallick„ seconded by 5hields~..tha~ the council grand ~enta- five approval to the off-street parking layout at 100 W. 78th St. Carried.. 17. Proposed Public Safety & Community Bldg. Mahon by tti~allick,, seconded by Shields, that the following resolution be adopted; that it be spread in the reso lution boob and that it be made a~ part of these ~ainutes: RESOLUTION NO. 1458 RESOLUTION RELATING TO LOCATION AND DESIGN OP FROPOSED PUBLIC SAPETY AND COMMUNITY BUILDING Poll of votes: Ayes - Wallickb Shields,, Serstock„ Schultz and Rittell. Nays - none. Absent - none. Carried. This resolution appears as resolution #1458 in resolution book #10. 18. Releasing Collateral -Richfield State Ban k Motion by Shields,, seconded by WallickA 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. 1459 RESOLUTION RELEASING COLLATERAL-RICHFIELD STATE BANK Poll of votes: Ayes - Wallick,. Shields, Serstock„ Schultze and Rittell. Nays - none. Absent - none. Carried.. This resolution appears as resolution #1459 in resolution boog #Z0. 19. Closing Improvement Bonds of 1950 -Series B, Sinking Pund 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 N0. 1460 R~PSOLUTION CLOSING IMPROVE~•9ENT BONDS OF ;1950 SERIES B (MUD LAKE) SINKING FUND AND TRANSFERRING ALL ASSETS TO Tf,, DEBT SBRVICE FUND -8- November 25, 1957 Poll of votes: Ayes - T^1aliick, Shields, Serstock,. Schulte and Kittell. Nays - none. Absent - none. Carried.. This resolution appears as resolution #1460 in resolution book #10. 20. Accepting Bassett*s 2nd Addition Motion by Serstock,. seconded by UVallick,, 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. 1461 RESOLUTION ACCEPTING BASSETT•S ~1'D ADDITION Poll of votes: Ayes -• Wallick,, Shields, Serstock„ Schulte and Rittell. Nays - none.- Af~sent - none. Carried. This resolution appears as resolution #1461 in resolution booPc #10. 21~ Accepting.:Streets - Smieja•*s 2x:d Add., & Releasing Bond Motion by Serstock„ seconded by Shields, that the following resolutions be adapted; that it be spread in the resolution baok and that it be made a part of these minutes: RESOLUTION NO. 1462 RESOLUTION ACCEPTING STREETS IN SMIEJA•S SffiCOND ADDITION AND RELEASII~.GASH DEPOSIT IN AMOUNT OF $3200.00, [NHICH WAS ACCEPTED IN LIBU OF SURETY BOND Poll of votes: Ayes - Wallick„ Shields, Serstock, Schulte and Rittell. Nays - none.. Absent - none•.. Carried. This resolution appears as resolution #1462 in resolution book #10. 22. Off-~TRBPST Parking Contract - Rimnac & Hanson Motion by Serstock,, seconded by Shields, that the following resolution be adopted; that it be spread in the resolution book and that it be made ar part of these minutes: ~,.9,=._-,.s~,,,K-~.r,.~s --~,~--~,_ a-,_~-- r _g- November 25, 195? RESOLUTION NO. 146 , RESOLUTION APPROVING LAYOUT AND CONTRACT FOR OFF- STRBET PA RKING IN ACCORDANCE WITH APPLICATTON NO. 57 31. CONTRACT NO. 423 Rimnac & Hanson C-4762 Poll of votes; ~.~~~ ~- .-~~We,2.1%.~1~., Shields, Serstock, Schultz and Kittell. Nays - none.. Absent - none. Carried. This resolution appears as resolution #1463 in resolution book #10. 23. Off-Street Parking Contract--Lilly Smilden Motion by Serstock,. seconded by Wallick, that the following resolution be adopted; that it be spread in the resolution book and be made a part of these minutes: RESOLUTION NO. 1464 RESOLUTION APPROVING LAYOUT AND CONTRACT FOR OFF- STREET PARKING IN ACCORDANCE WITH APPLICATION N0. 57-32,. CONTRACT NO. 424--Lilly Smild en--C-4763 Poll of votes: Ayes - Wallick,. Shields, Serstock,, Schultz and Sittell. Nays - none. Absent - none. Carried.. This resolution appears as resolution #1464 in resolution book #10. 24. Estimates Motion by Wallick, seconded by Serstock, that the following estimate be allowed: V.P. #342, Cont. #409, Sidewalk construction (Drevdahi) Est. #l (final) $8,530.19. Carried. Motion by Schultz, seconded by Wallick, that the following estimate be allowed: V.P.#345A, Cont. #394,. Grading Liquor Store (Bolander) Est. #2 {final) $271.10.. Carried. Motion by Schultz, seconded by Wallick, that the following estimate be - allowed: ;. __~-. r 1 -10- November 25,, 1957 V«P. #~45H;. Conti #395, Surfacing i,iquor Store (Northwest Bit«) Est. #I, $16,,508..40. Carried. . • Motion by Serstock,, seconded by Wallick,. that the follawing estimate be alloweds V.P. #344E,. Contr #390,, Tennis Court-Fence (Century Fence) Bst. #2,. $225.00.- Carried. 25:, ~.icenses A4ation by Wallick,, seconded by 5hieids, that the following licenses be granted: `~ 1 1957 Renewal E & W Tree Service 6611 Penn Aver S. " Ralph Hollenback 6744 Nicollet Area " Repair Richfield Auto 6420 Penn Ave. New . . David ~~9inslow Bager 8446 Humboldt Ave« Replacement Richfield Cab Co. 8340 Pillsbury- Ave« 1958 Renn al Sisters Home Srocery ? E. 70th Stl " National Tea Co. 7609 Lyndale Ave• " National ~a Co. 6515 Nicollet Avea " Lyndale Fruit & Veg« Mark. 6S12Lyndale Ave« " Lynwood Cafe 6531 Lyndale Ave,. " Krispy Kreme Doughnut Co; 6405 Lyndale Avea " Eat A-Bite Cafe 7610 Lyndale Ave'. " Ernie'°s Service Station 6600 Portland Ave« " Jimmy Jingle,. Inc. 2601 2nd Ave« S« " Encore Chow Mein 6637 Penn Aver '~ Tait's Super Vaiu 2900 W. 66th St. " O. B. Hansen Distributing Co. 6315 .Cedar Ave. " UVestern Oil & Fuel Co: 22? Colfax Ave. N. " Nelson's Drive In. Rest« inc. 6430 Nicollet Ave Carried. 26« Claims & Payrolls Christmas Tree Christmas Tree Christmas Tree Taxi. cab Driver #240 Taxi cab Cigarette; Soft I~tk• Off.=Beer CigaretteF Soft Drk• O€f-Beer Cigarette;. Soft Drkt Off-Beer Off-S~.le Beer Cigatette~ Fooda.'Soft Drink Pood,, Soft Drin~,Gigarette Foodr~Soft Drink Cigarette„ Soft Drink Wagon Peddler- Food,, Cigarette Off-Beer,. Cigarette, Soft Drk.. Wholesale Distributor Cigarette Food, Soft Drink Motion by Serstock„ seconded by Schultz, that the following claims and payroll be allowed:- RICHFIELD STATE BANK Ck. #5349 - 5418 Payroll ck. #8836 - 8958 Carried. $81x879.33 21,.930:11 ~~ ~>: 1 1 (~~ -11- 27.. Ad.iournment -- November 25~ 1957 Motion bq WalLlickp seconded by Shields, that the meeting be adjourned. Carried.. APPROVED: DeC• g+ 1957 Paul H. Hauge Village Clerk