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03-28-1966CITY QF RICHFIELD Regular Meeting March 28, 1966 Thy council of the City of Richfield met in regular session, Monday, March 28, 1966, in the council chambers of .the Gitq Hall, 6700 Portland Ave., at 7:00 P.M. The meeting was called to order by Mayor Olson. Present: Anderson, Jacobsen, Luettinger, Randall and Olson. Absent: None. Rev. Lowell A. Reinking, Church of Peace, gave the invocation. 1. Minutes Motion by Lue ttinger, seconded by Jacobsen, that the~inutes of the regular meeting of March 14, 1966 be approved. All ayes - carried. 2. Reports Motion by Jacobsen, seconded by Anderson, that the following report t be accepted and filed: Henn. County Nursing, Feb, 1966 C-?23? All ayes - carried. 3. Bill No, 1966-6 (Ord. #9.08--Oil Stations) Bill No. 1966-6 entitled: "AN ORDINANCE REGULATING GASOLINB ANi? OIL SERVICE STATIONS°° was read by the city attorneys the same being on file in the office of the city clerk, C-7208 The attorney read suggested changes from first reading as agreed upon by the manager and attorney after a conf erence with Mr. Cruse, asst. sec•y of Minnesota Petroleum Council, Mr. Cruse appeared. Don Roberts of the 77th & Penn Ave. Shell station appeared in interest, John Mitchell' SunmRay DX Oil Co., appeared relative to signs. ~ Brad Helier, Shell Oil Co., appeared. -2- Mar. 28, 1966 Motion by Anderson, seconded by Jacobsen, th at the council adopt the proposed amendments to Bill No. 1966-6 and the amendments to these amendments. Poll of votes: Ayes -Anderson, Jacobsen, Luettinger, Randall and Olson. Nays - none. Absent - none. Carried. Motion by Jacobsen, seconded by Anderson, that this constitute the second reading of Bill No, 1966-6, as amended. Poll of votes: Ayes -Anderson, Jacobsen, Luettinger, Randall and Olson. Nays - none. Absent - none. Carried. Motion by Jacobsen, seconded by Anderson, that the council adopt Bill No. 1966-6 as amended; that it be spread in the ordinance book; th at it be published in the official newspaper and that it be made a part of these. minutes: Poll of votes: Ayes -Anderson, Jacobsen, Luettinger, Randall and Olson. Nays - none. Absent - none. Carried. 4. Bill No. 1966-4 (Repeal Ord. 11.11--Dutch Elm Disease) Bill No. 1966-4 entitled : `"REPEAL OP ORDINANCE NO, 11.11- AN ORDINANCE REPEAL- ING ZI-iAT CERTAIN ORDINANCE NO. llell OF THE CITY OF RICHFIELD ENTITLED: 'AN ORDINANCB RELATING Zq THB CONTROL AND PREVENTION OF DU1CH ELM DISEASE WIIIiIN THE VILIAGE OF RICHFIELDQ48' Was read by the city attorney, the same being on file in the office of the city clerk. C-7206 Motion by Randall, seconded by Luettinger, that this constitute the second reading of Bili No, 1966-4. Poll of votes: Ayes -Anderson, Jacobsen, Luettinger, Randall and Olson. Nays - none, Absent - none. Carriedo Motion by Randall, seconded by Luettinger, that the council adopt Biil No. 1966®4; 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 -Anderson, Jacobsen, Luettinger, Randall and Olson. Nays - none. Absent - noneo Carriedo -3- Mar. 28, 1966 5. Bill No, 1966m5 (Ord. #11.11 - Plant Pest Control) Bill Na. 1966-5 entitled; "AN ORDINANCE RELATING TO T'HS C~7NTROL AND PREVEN- TION OF PLANT PESTS WIZHIN Z~ CITY OP RICHFIELD" was read bq the city attor- ney, the same being on file in the office of the citq clerk. C-720? Motion by Randall, seconded by Luettinger, that this constitute the second reading of Bill No. 1966-5. Poll of votes: Ayes -Anderson, Jacobsen~,Luettinger, Randall and Olson. Nays - none. Absent - none. Carried, Motion by Randall, seconded by Luettinger, that the council adopt Bili No. 1966-5; 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 -Anderson, Jacobsen, Luettinger, Randall and Olson. Nays - none. Absent - none, Carried, 6. Bill No. 1966®7 (Ord. #9.07--Ice Vending Mach.) Bi11 No. 1966m7 entit9:edo "AN OR:DINANCE RELATING 7:17 RESTAURANTS, FOOD ESTABLISH- MffiV75 ANT} FOOD VENDING MACHINESQ9 was read by the city attorney, the same being on file in the off ice of the city clerk. C-7217 Motion by Luettinger, seconded by Jacobsen, that this constitute the second reading of Bill No; 1966-7. Poll of votes: Ayes -Anderson, Jacobsen, Luettinger, Randall and Olson. Nays - none. Absent - none„ Carried. Motion by Luettinger, seconded by Jacobsen, that the council adopt Bill No. 1966~7s that it be spread in the ordinance book; that it be published in tYie official newspaper and that it be made a part of these minutes. Poll of votes: Ayes - Anderson, Jacobsen, Luettinger, Randall and Olson, Nays - none. Absent - none. Carried. 1 -4® Mar. 28, 1966 7. Bill Nom. 1966®8 Cord, #1b,02m-Sale of Gravel Pit) Bi11 No. 19668 entitleda °°AN OR DINAI~CE AU'IHORIZII~ THE SALE BY THH CITX OF RICITFIELD OF CERTAIN LAND DATED IN TFIE VICINITY OF 82ND ST. AND FRANCE AVE., ,BLOOMIIo~TON, MINN.'° was read by the city attorney, the same being in the office of the city cleric, CW7218 Motion by Randall, seconded by Jacobsen, .that th is constitute the second reading of Bill No. 1966m8, Poll of voteso Ayes ~ Anderson, Jacobsen, Luettinger, Randail and Olson, Mays m none, Absent ~ none. Carried. Motion by Randall, seconded by Jacobsen, that the council adopt Bill No. 1966®8; that ~.t 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 ~ Anderson, Jacobsen, Luettinger, Randall and Olson, Nays ~ none. Absent none, Carried, 8. Bi11 No, 1966®9 (Ord, #16.03- Sale of Richfield Lake Prop.). Bill No, 19669 entitleda BEAN ORDINANCE AU'IIIORIZIIl~ THE SALB BY THE CITY OF RICf3FI1?LD OF CERTAIN LAND L6CATBD IN T4-IH VICINITY OF RICHF IELD IAKB9° was read by the cita~ attorney, the same being on file in the office of the city clerk. C~7219 Earl Dufresne appeared stating that relative to Lots 9, 10, Block 3, Ray°s Lynnhurst Add,, QColf aye & Mildred Drive) that no request would be made for rezoning, A letter was presented from Gerald J, McMorrow dated Mar. 25, 1966, ob® jetting to the rezoning of lots on Dupont Ave, and Mildred Drive. Cm7238 Floyd Hoops, 624 Bryant Aire,, appeared in interest of park property in this area.. The attorney stated that the statutes now require notice be sent to people living within a 200 ft, radius of any rezoning request. -S- Mar. 28, 1966 Motion by Jacobsen, seconded by Luettinger, that this cons titu to the second reading of Bill No, 1966-9. Poll of votes: Ayes m Anderson, Jacobsen, Luettinger, Randall and Olson. Nays - none, Absent m none. Carried. Motion by Jacobsen, seconded by Luettinger, that the counci 1 adopt Bill No. 1966-9; that it be sere ad in the ordinance book; that it be published in the official newspaper and that it be made a part of these minutes; Poll of voteso Ayes m Anderson, Jacobsen, Luettinger, Randall and Olson. Nays - none, Absent none, Carried. 9. Hearing .~ Add. & Appeals - 6820 Sheridan Ave. It being 7415 P.M. Mayor Olson called for the hearing on the application of W. H. LeClair, 6820 Sheridan Ave., for a zoning variation and read the notice of hearing. Mr. & Mrs. La Clair appeared. No one else appeared. A discussion was held on establishing a precedent, M~ytion by Anderson, seconded by Jacobsen, that the hearing be closed. Ali ayes =carried, Motion bq~ Anderson, seconded by Luettinger, that the council deny the rem Guest of W. H. LeClair, 6820 Sheridan Ave., for a zoning variation at 6820 Sheridan Ave. Poll of voteso Ayes ~ Anderson, Luettinger, Olson. Nays - Jacobsen and Randall. Absent m none. Carried. 10. Blearing m City Pro,yect #539 It being ?015 P.M. Mayor Olson called for the hearing on City Froject No. 539 (grading, su~°facing, curb, 76th St. from Penn Ave. to Garfield) and read the notice of hearing. Peter Vedeen, 7600 Dupont Ave., appeared regarding assessment. -G- -Mar. 28, 1966 Mo ti on by Luettinger, seconded by Jacobsen, .that the-hearing be closed. All ayes - carried. Motion by Luettinger, seconded by Randall that the following resolution be adopted; that it be spread in the resolution book and be made a part of these minutes: RESOLUTION N0. 35:86 RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATION FOR CONCREI~ SiTRFACING, CON~RBZB ~:URB AND GUTTER AND APPURTENANCES THERB7O ON 76TH ST. FROM.PHNN AVE. 1~ GARFIBLD AVE. CITY PROJECT Np, 539 Poll of votes: Ayes a Jacobsen, Luettinger,' Randall and Olson. Nays -Anderson. Absent - none. Carried. This resolution ap.~ears as 'resole ~,ori #3586 in resolu- tion book #23. 11. Outdoor Adv. Sign v 420 W. 78tH St. No one appeared relative to the application o:f Ray Mlbauer, 7737 Harriet Ave., for a sign at 420 'Ut-. 78th St. Motion by Randall, seconded by Jacobsen, that this matter be deferred to April il, 1966. All ayes m carried. 12. Outdoor Adv. Sign ~ 6445 Cedar Ave. Don Morrow, applicant, appeared. The question of the construction of the sign before the permit was requested was discussed., Motion by Anderson, seconded by Luettinger, that the council grant the sign permit to Donald L. Morrow, 6445 Cedar eve., for an .outdoor advertising sign at 6445 Cedar Ave. All ayes - carried. 13. Authorfze Agreement with Hwy. on Lighting Motion by Anderson, seconded by Randall,. that the following resolution be adopted; that it be spre ad in the resolution book and- that it be .made a part of these minutes: L -7- Mar. 28, 196b RESOLUTION N0. 358? RESOLUTION AL'THORI7_IP~ EXEC(1 TION OF AGREEh]BNT WITH COMMISS IONER OF HIGHWAYS COVERING INSTALLATION AND MAINTENAN4E OF 8 FLUORESCENT STREET LIGHTIIli? UNITS AT THS INTERCHANGE OF LYNDALE ANl} F.A.I. 35W IN RIGHFIEL D. C-7239 Poll of votes: Ayes m Anderson, Jacobsen, Luettinger, Randall and Olson. Nays -none. Absent - none, Carried. This resolution appears as resolution #3587 in resolution book #23. 14. Ordering Prep. of Reports City Pro3. #S45 {Sidewalk} Motion by Rsndali, seconded by Luettinger, 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. 3588 RESOLUTION ORDERING PREPARATION OF REPORT ON SIDEWALK CONSTRUCTION C.P. #544 - East side of I.yndale Ave., ?4th to 7bth St. C.P. #545 - North side 75 th 5t., Penn Ave. to Sheridan Poll of votesa Ayes -Anderson, Jacobsen,. Luettinger, Randall and Olson. Nays - none. Absent none. Carried. This resolution appears as resolution #3588sn resolution book #23. 15, Release of Bond on Off-St. Pkg.. 7108 Chicago Ave. Motion by Luettinger, seconded by Jacobsen,. 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. 3589 RESOLUTION RELATII~ TO RELEASE OF BOND ON,OFF-STREET PARKING 7108 Chicago Ave. Poll of votes: Ayes -Anderson, Jacobsen, Luettinger, Randall and Olson. Nays - none. Absent ~ none. Carried. This r esolution appears as resolution #3589 in resolution book #230 1 -gm Mar. 28* 1966 16, Release of Bond of Off~Street Pkg, - 7104 Chicago Ave, Motion by Anderson, seconded by Luettinger, 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 N0. 3590 RESOLUTION RELATING Tt7 RELEASE OF BOND ON OPP-STREET PARKING •• ?104 Chicago Ave. Poll of votes: Ayes -Anderson, Jacobsen, Luettinger, Randall and Olson, Nays - none, Absent - noneo Carried, This resolution appears as resolution #3590 in resolution book #23, 17, Release of Bond on Off mStreet Pkg. - 416-420 W. 78th St. Motion by Randall, seconded by Jacobsen, that the following resolution be adoptedg that it be spread in the resolution book and that it be made a part of these minutes: RESOLUTION NO. 3591 RE~LUTION RELATING ZO RELEASE OP BOND ON OPR-STREET PARKING 416-420 W. 78th St. Poll of votesa Ayes m Anderson, Jacobsen, Luettinger, Randall and Olson, Nays - none. Absent noneo Carried, This resolution appears as resolution #3591 in resolution book #23, 18~ Off~Street Parking Contract 7720®30-40 4th Aveo Motion by Luettinger, seconded by Anderson, that the following resolution be adoptedg that it be spread in the resolution book and that it be made a part of these minutes: RESOLUTION N0. 3592 RESOLUTION APPROVING LAYOUT AND OONTRACT FOR OFF-SHEET PARKING IN ACCORDANCE WITH APP, #64028, CONT. #897: 7720m30®40 4th Ave, S, C-?240 Poll of votes: Ayes W Anderson, Jacobsen, Luettinger, Randall and Olson, Nays - ;;: ~-8- Mar. 28,, 1966 16. Release of Bond of OffmStreet Pkg. - 7104 Chicago Ave. Motion by Anderson, seconded by Luettinger, that the follow ing resolution be adopted; that it be spread in the resolution book and that it be made a part of these minutest RESOLUTION N0. 3590 RESOLUTION RELATING Zt~ RELEASE OP BOND ON OFF-STREET PARKIN •- 7104 Chicago Ave. Poll of votes: Ayes ® Anderson, Jacobsen Luettinger, Randall and Olson. Nays - none. Absent m none, Carried. This resolution appears as resolution #3590 in resolution book #23. 17. Release of Bond on Off ®S treat Pk . - 416-420 tai. 78th S t. Motion by Randall, seconded by Jacobsen, that the following resolution be 1 adopted; that it be spread in the resolution book and that it be made a part of these minutest RESOLUTION NO. 3591 RE~LUTION RELATING ~0 RELEASE OP BOND ON OPF-STREET PARKING 416-420 UV. ?8th St. Poll of votese Ayes m Anderson, Jacobsen, Luettinger, Randall and Olson. Nays - none, Absent o none. Carried. This resolution appears as resolution #3591 in resolution book #23, l8. Of f mS treet Parking Contract 7720-30-40 4th Ave. Motion by Luettinger, seconded by Anderson, that the following resolution be adopted; that it be spread in the resolution book and that it be made a part of these minutest RE50LU TION N0. 3592 RE:~OLUTION APPROVING LAXOUT ANA OONTRACT FOR OPP-5'~EET PARKING IN ACCORDANCE WI~i APP. #64-28, CONT. #897. 7720m30®40 4th Ave, S. C-?240 Foll of votes Ayes -Anderson, Jacobsen' Luettinger, Randall and Olsono Nays -~ m9., Mar. Z8, 1966 Wane, Absent m none. Carried. This reso lution appears as resolution #3592 in resolution book #23. 19. Classification & Sale of Tax Forfeited Property Motion by Randall, seconded by Luettinger, 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 N0. 3593 RESOLUTION RELATING ZED CLASSIFICATION AND 5AL8 OF TAX FORFBITBD PROPERTY ' Poli of votes Ayes m Anderson, Jacobsen, Luettinger, Randall and Olson, Nays a none. Absent 0 none. Carried. This resolution appears asresolution #3593 in resolution book #23. 20. Authorize Application of Conveyance of Tax Forfeited Lands The use of adjoining property at James Ave. and 67th St. was discussed-. Motion by Rat~lall, seconded by Luettinger, that the following resolution be adoptedg that it be spread in the resolution book and that it be made a part of these minutest RESOLUTION NO. 3594 RESOLUTION AUIfIORIBING APPLICATION FOR CONVEYANCB OP TAX FORFBITBD LANDS :'oll of votesa Ayes m Anderson, Jacobsen, Luettinger, Randall and Olson, Nays none. Absent m none. Carried. This resolution appears as resolution #3594 in resolution book ~f23. 21. e95 to to Reappor t ionme nt Be. The mayor read the proposed resolution and offered certain changes. The future population growth was discussed as well as House representatives to run at large in suburban Hennepin County, Motion by Randall, seconded by Jacobsen, that the following resolution with suggested changes be adopted9 that it be spread in the resolution book and that it be made a part of these minutest m10m Mar, 28, 1966 RESOLUTION N0. 3595 RESOLUTION REGARDING '~5TATB REAPPORTIONMENT" Poll of votes Ayes ~ Anderson, Jacobsen, Luettinger, Randall and Olson, Nays none. Absent m none. Carried, This resolution appears as resolu- tion #3595 in resolution book #23, 22,_ Outdoor Advertising Sign m 6500 Nicolle t Ave. Bill Naegele appeared representing the applicant. Motion by Andersons seconded by Jacobsen, that the council grant a tem® porary sign permit to Summit Ievelopment Co. for a sign at 6500 1Vicollet Ave, Ail ayes carried, 23, Plan for Park Facilities Development Lonnie Dye appeared representing the Jaycee's proposal on Legion Lake, A letter was read from the Richfield Jaycees dated Mar. 15, 1966 outlining a plan of the organisation to review Planner •s Report on Legion Lake develop- went; present a plan of development to the Planning Commission and City Council8 and to pro~e~d with activities tan~~.rd completion of the park, C®7241 Motion by I.uettinger, seconded ~ Randall, that the council authorise the Richfield Js.ycer~s to proceed with their plan to review the Planner°s Report and to present s. report to the Planning Commission and Council of their findings for their review and approval, Ail ayes -. carried, The council recessed for 5 minutes and then reconvened with all members present, 24,_ (Special Order of Business)®Enforcement of Sign Ordinance Councilman Randall requested permission for discussion of this topic, Boyd Walter appeared representing Sinclair Oil Coo The attorney ruled that if the letter to the service stations was regarding the new sign ordinance, it was not valid, -11- - Mar. 28~ 1966 Mr. Cruse asked an opinion regarding sign violations of permits already issue d • Gene Stageberg, ?418 Portland Ave., objected to limiting curb signs to one. Art Andrews, Art*s DX Station, requested temporary permits for such things as grand openings. J, G. Lindholm objected to being restricted to one sign for his station at ?3rd & Penn Ave, Motion by Olson, seconded by Anderson, that this matter be referred to the Chamber of Commerce for study and re commendation on business tgpe sign as to what signs should be permitted and whether an amendment to the ordinance should be made. Foll of votes Ayes - Ar~lerson, Jacobsen, Randall and Olson. Nays - Luettinger. Absent m none. Carried. A moratorium of thirty days was declared on instituting action on present signs, Edina, Bloomington, Minneapolis, St. Paul are to be studied as to type of signs they permit. 25. Petition on Council Salarg~ Increase Ellsworth Serstock presented an informal advisory petition recommending that the council maYce salary changes for themselves. C-7242 Don Lawrence, originator of the petition, appeared in interest as well as Emmanuel SerstocPz. Motion by Jacobsen, seconded by Randall, that the attorney deaw an ordi- nance to increase the salary of council members $50.00 per month for reading on April litho Motion withdrawno A discussion was held on a proposed council salary change. The attorney gave his opinion that the council was required by the city charter to establish their salaries by an ordinanceo -12- Mara 28, 1966 Motion by Jacobsen, seconded by Randall, that the attorney be instructed to drawn an ordinance relating to council salary for first reading on April 11th. Motion by Jacobsen, seconded by Randall, that an amendment be made to the above motion to include "an increase of $50.00". All ayes -carried. Motion by Jacobsen, seconded by Randall, that the mot~.on as amended be passed. Po11 of votes: Ayes ~~.Jacobsen, Luettinger, Randall and Olson. Nays - Anderson. Absent none. Carried. 26. Ca11 for Bids - Insurance !Notion by Jacobsen, seconded by Luettinger, that the council authorize the cleric to advertise for bids on Statutory Liquor Legal Liability and Products Liability insurance;.bids to be opened April 20, 1966. Ail ayes - carried. 27. Authorization for Annual Report r Motion bq Olson, seconded by Jacobsen, that the. council authorize the expenditure without bid of up to $1500,00 for the annual report. Ail ayes - carried, 28. Authorize Certificate of Award Motion by Luettinger, seconded by Jacobsen, that the council authorize the Certificate of Award to LeRoy 0. Johnson (posthumously). All ayes - carried. 29. Delegate to U. S. Conference of Mayors Motion by Jacobsen, seconded by Randall, that the council author~,z~e the following as delegates to the U. S, Conference of Mayors in Dallas, Texas, June 11-15 inclusivee Mayor Olson with President Pro-Tem Luettinger as ~a.~lternate. Ail ayes m carried, 1 -13- 30, Estimate Motion by Randall, seconded by Jacobsen', that the following-estimate be allowed: Harry S. Horwitz & Co., Inc., City Pro3. !1521, ~ontrac# X920, Mechanical Work--New City Haii, Estimate #11 (10410 of contract retained $5,847.3C Ali ayes -carried. Motion by Luettinger, seconded by Jacobsen, that the following license be granted and that the fee be waived: Ren. Babe Ruth League of Richf field, 75th & Logan Food, Soft Drink r. All ayes -carried. 31. Licenses m Fee Waived Mar. 28, 1966 32.. License.. Renew. 99 New Renew. New Renew. 99 Motion by Anderson, seconded by Luettinger, that the following licenses be granted: Anastasia•s Beauty Salon, 6628 Penn Ave. French4s Pharmacy, 7621 Lyndale Ave. Jerry 9s Richfield Standard, 6545-Penn Ave. Richfield 4966.4 Service, 1201 B. 66th St, Royal Car Wash, 6601 Blooming ton Ave. 70th Alicollet Dairy, 7 E. 70th St. ~Southdale Sq. Merchant9s Ass o., 66th & Xerxes Ave. (Pzom May 2nd through Maq 11, 1966) Rexford B, Tweed, Westland Plating Co., 7721 Pillsbury James L, Jenkins, 715 ~. 78th Sit. Glen Langsland, 144 W. 62nd St, Thomas; Nor th, 6301 Lyndale Ave. Gerald Walsh, 2535 15th Ave, S,. Soft Drink Pood 1 Vending Macho(Nuts) 1 Vending Maeh.(Candy} Hof t Drink 2 - 1¢ 'Vend, Mach. 7 Mech. Animal Rides New e9 99 99 99 All ayes - carried, 33. Claims & Payroll Soft :Drink Taxicab Driver a n h 99 •• ~,~: Motion by Randall, seconded by Jacobsen, that the following claims and payroll be allowedP 1 -14- Mar. 28, 1966 RTCHFIS LD BANK & TRUST CO. 1 General Acct. Cks. X5065/5127 Payroll Acct. Cks. X3225/3409 All ayes - carried. . 34. Report on Meeting Councilman Jacobsen reported on the annual meeting of the Suburban Hennepin County Relief Board. $411,809.14 45;241.48 Councilman Jacobsen was commended for his election to the Board of 1 1 Directors. Motion by Jacobsen, seconded by Luettinger, that a, let#er of appreciation be sent to tt.e Suburban. Hennepin County Relief Association for their work in 1965. All ayes m carried. 35. Adjournment Motion by Anderson, seconded by Jacobsen, that; the meeting be ad3ourned. All ayes m carried. r APPROVBDo Apr. 11, 1966 tr~1, Stanl~ on, Mayor 0. . an Kre len, Manager Bdward J« Mo ne, Clerk-Treas.