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11/19/1962 - 00023460�� COUNCIL MINUTCS - NOV�Pr'R 1°y 1962 A regular meeting of the City Council was called to order by Mayor Grei� at 8:00 P,M. Members pr.sent: Grei g� Joh�nson, Sheridan� Walkey Nea (arrived $:12 P.M.) Members absent; None APPROVAL OF MINUTfiS - NOVEMBFR 5. 1962: Motion by Johanson to a pprova the �¢inutes oi the regular meeting of November 5� 1962o Seconded by Sheridan. Upon a vo�:ce vote, there being no nays, the motion carried unanimously. HPYROU3pL OF NfINUTPS — NbV'.s'MDER 8_1962; Motion by Sohanson to approve the minutes of the special meeting of Povember Sr 1952. Second�d by �heridan. Upan a voice vote, there being na nays� tfie motian carried unanimously, PUBLIC HEARIPIG - AM�IDING ORDINANC� N0, 70. The City Manr�ger read the notice of hearing. The City Manager read the ordinance to amend Zoning Ordinance No. 70. There was no one present to speak For or against the adoption of this ordinance. Motion by Sher3dan to declare the hearing closed. 5econded by Johanson. Upon a voice vote� there being no nays� t11e motion carried unanimously. SCCOND RI'.1!D7.�IG OF ORDINANCE A�_NDING ORDINlINCF. Na. 70: _ Motion by Sheri3an to a coept this as the second reading of the above ordinance and to have it published„ Seconded by Johanson. Upon a voice vote� those voting in favor� Greig� Johanson� Sheridan. Wolke abstained. Nee ahsent. Motion did not carry. Amendments to the Zoning Ordinance must be passed by 2%3 of all af the Council members� or four members� according to Section 11, E of the Zoning Ordinance. SECOND Ri,ADING OF ORDINANCF AMENDING ORDINANCE N0. 213: The City ATanager read the ahove ordinance. Councilman Nee arrived at 8:12 P.M. Mr. Wyman Smith� attorneys was present and stated that he was representing several different groups of people� and his remarks in this matter woulfl �lso apply to Ordinancc No. 70. Mr. Smith stated that he was rep�esenting a group oF people who owned existing spartments, a nd he pointed out th.at the licen5e fees cannot be a tax� an3 thet the apartment owners had formed a committee with Arvid Carlson� D, L, Scherer and Richard Gottwaldt on the committee. This committe� would like to meet with the City Council� ot th� City Manager� to discuss the fees and to investigate whether or not they were equitable. Mr. Smith also stated that he was representing a group of four builders who had applications for building permits. Mr. Smith stated that these builders had mnde several revisions in their plans to meet the existing code, and one person has paid over �QO�p00.00 for the Iand� and now the permits are not being approved. He stated that the City Council has granted some permits� and waivers, on these matters. He stat,ed that th= builders are ready to start excavation� and if the Couneil were to wait for the adoption and process o£ this present ordinance� it would be 3� da,ys before they could sturt building� and he did not feel tha t the Gouncil could delay them that long. Mr. Smith stated that these a pplications for permits were dated quite some time ago� and there has b�en no action taken on them yet, Mr. Smith stated that the third group he was representing was the r& M Development Company in the plat of Melody Manor. He stated that there are six multiple dwelling lots on this subdivision, Certain multiple dwel]_ings had been planned for these lots at th� time the �roperty was platted. There is not any pending construction at the present time, but the developer is interested in some provision , � � I �7 whereby the lots can be built on on the basis that they were originally accepted by the City GoUncil. Sales have not taken placa because o£ the proposed changes in the ordinance. They could prabab3y b� built on within s3x months. Mr. Sheridan asked if the zoning in Melody Manor was R-2 or R-3. It was stated that it was zoned R-2, Mr. Jonanson asked if these ordinances were okayed tonight� i£ there iaas s 30 das waiting period, Mr. Kohlan stated that the ordinance is effective 15 days after publication. Mr. Kohlan asked if the plans for th�se apartment buildings for which the permits are being requested are in conformity with the cnrrent provisions � of the ordinance. Mr. Kohlan explained that under the proposed change in the ordinance� part of the besement could be used for efficiency apartments� and part for r�gular apartments� but there would not be more than two regular apa rtments in a basement. Mr. Smith stated that Group #1 thet he was reprasenting wants the Covncil to take another look at the license fees. @roup �2 wants the Council to a uthorize them to build the buildings for which they have mede application� and Group #3} �& M Development Compan,y� wants p�rmission to build on the lots in Melody Manor. h�. Nordling stated that he objected to Qrdinance No. 70 requir�ng 15a000 sqvare feet� and raising from 1�000 - 1�500 square feet certain require- ments� and he had asked for a waiver of Ordinance No. 213. Mr. Sh�ridan stated that the difficulty has arisen in many cases in R-2 �oning. It was his understanding that at the time the ordin�nce was adopted� that R-2 was for two-family units only� and the City proceeded on this basis for several years� e nd R-3 was to be £or more than two-£amily units. Mr. Sheridan stated that per'naps the R-2 auestion s hould be reeolved first, People were told at the time the property was rezoned that R-2 was for two-family dwelling units only. Tje Planning Commission and a11 of the advisory co�nittees operated on the theory that R-2 was £ur two- £amily dwelling units only. Mr. Nee stated that he f�lt that the package that the Council was presenting was a compromise b�tween the Council and the Builders� and he felt that if some part of the ordinance is to be taken out� that the City will have to start all over again in reworking the ordinance� and he wonld oppose the ordinance if some parts of it were changed. The Magor stated that the moratorium on building was too � earl,y and too £ast} and the action was premature. Mr. Smith stated that he was proposi�g no changes� but was raising a question a£ the license fees, insofar as to all of the building requiremcnts� there is no question �hat'they are valid ordinances. He has four builders who are anxious to build. Mayor Greig stated that t�ie City had a moratorium, and why ean't the City do it a�ain. Mr. Wolke asked if any one else wished to be hcard. Mr. James Hirsch stated that he had made arrangements to buy the land under the existing code� and should be able to operate on the existing code. He stated that he would build on a slab if need be. Mr. Sheridan stated thet un3er the original zoning� R-2 was £or double bungalows only� and that perhaps an additional R-2 zoning should be set up, Mayor Greig asked why the builders were just coming in now� when tnis prablem had arisen sose months ago. Mr. Hirsch stated that he had hoped that the problem would be resolved before now, Mr. Nee stated that they could build under the existing @ode� and aske� i£ it was their request �hat changes be made. Mr. Hirsh stated that he thought that other builders had been grsnted waivers. Mr, ldolke stated that he was originally not for either ordinance, �nd he did not vote "yes° or "no," and stated that he does not intend to vote on some portions af the proposed ordinances, He stated that things of this type should be on a roll call basis. ACCEPTAIdCE Or SEC�ND READING �F AME�IDMFNT TO ORDINANCE N0. 7� iNOT CARRI�D}: Motion by Sohanson to accept this as the seeond reading of the amendment to Ordinance ro. 70. Seconded by Nee. Those voting in favor� Johanson} � Sheridan� Nee. Opposed� Greig� Wolke. Motion did not carry. Mr. Kohlan ateted that the action did not carry, Mr. Kohlan read the section o£ the Zoning Ordinance relating to the passages of ordinance changes in the Soning Ordinance. Mr, Kohlan read from Section ll, Sub- division �'B° on Page 22 0£ the Zoning Ordinance, whic� stated that amend- ments to the Zoning Or3inance must be passed by 2/?%vote of a11 members a£ the City Council� which wouZd mean four Councilmen, TABLING SECOND READING OF ORDINANCE AMENDING ORDINANCr N0. 213: Mr. Kohlan stated that the passage of this ordinance would be by a simple majority� as it was not part of the zoning ordinance. Mr. Nee �� 8 stated that Ordinance No. 213 taas drawn on the basis that the amendment to Ordinance No. 70 would pass. Motion by Nee to table second reading of ordinance amending Ordinance No. 213. Seconded by Johanson. Those voting in favor� Johanson� Sheridan. Trlolke� Nee. Opposed� Greig. Motion carried. SFCON� RPADING OF ORDINANCE N0. 221 RF.GUI.ATING PARKING: The City Manager re�d thc above ordinance. Mr. Sheridan stated that he was somep*hat mor� satisfied with Section 5 of thi� ordinance as it ia ' nofr drawn. Motion by Nee to accept this as the second reading of the ordinance and t,o have it published. Seconded by Johanson. Upon avoice vote� there being no naysy the motion carried unanimously. PIIBLIC HEARiNG - REZONING PROPERTY IN AUDITOR�S SUBDIVISION N0. 129 - FLANERY PETITION: The City Mana�er read the notice of hearing. Mr: Flanery was present� and stated that he would appreciate the Council considering the re2oning o£ this property as it is across the road from the National Pole Yards which is zoned heavy industrial. He stated that the Planning Commission has considered this rezoning� and had recommended passage of the rezoning subject to the ordinance on multiple dwellings being passed. Mr. Sherida�n asked a£ a17. of the abutting property owners were notified by mail, Mr. Brown stated that thef were for the Planning Commission meeting� but not the Counc�l meeting. Mr, Sheridan stated that he belisved that the Charter required that written notices be sent £or the Council meeting as well. The City Manager checked the Charter and stated that this was true. Mr. Flanery stated that he did contact all of the property owners on Ccunty Road H-2, and the consent for the rezoning was unanimous, Mr. Nee stated that he would like to see this rezoning held over for another month or so. Mr. Flanery stated that the Pianning Commission and the Council did not favor spot rezoning. Motion by Sheridan to eontinue the public hearing on the rezoning of the Flanery Petition for Auditor�s Subdivision No. 129 ' re7oning to the meeting of December 3� 1962� and to see that proper hand- delivered notices are given to the people Por this mEeting. Seconded by Nee. Upon a voice vote� there being no nays� the motion carried unani- mously. BUILDIN(� B01LRI] MINUTES - NOVEMHER 7, 1962: M�ticn by Nee to receive the Building Board minutes of the November %, 1962 meeting. Seconded by Sheridan. Upon avoice vote, there being no naysy the motien carried unanimously. BUILDING BDARD MINUTES - NOVEMBER ll�, 1962: TO MOVE The Building Board recommended granting the moving permit upon posting of a�200,00 cash bond to guarantee that the building renovation would be completed within 3o days after being moved onto the site� and that the garage meet the standards o£ the building code. Motion by Wolke to concur in the recommer.dation o£ the Building Board and �rant the request, subject to the same stipulations as the Fiuilding Board had asked £or. Seconded by Nee. Those voting in favor� Johanson� Sheridan� Wolke, Nee. Opposed� Greig. Motion carried, _ T APF LICATION BY KING REALTY TO BiTILD TWO THIRTY-FOU Mr. Johanson stated that he did not consider these tp be two building units, but four building units. The Building Board had recommended approval of this permit if Ordinance No. 70 and Ordinance No. 213 are amended as provided in the Ordinances for second reading at the November 19� 1962 Council meeting. Mr. Nee stated that these permits should pro- bably be re£erred back to the Building Soard inasmuch as these ordina�es were not passed. Mr. P7ordiing stated that there are identical buildings built in Fridley. Mr. Nee stated that the buildings do not meet the present ordinances. Mr. Nordlir� stated that they do have enough land area. Mr. Sheridan asked if the zoning was R-2. Mr. Johanson stated that 68 units are a lot of units to be put in one place. Mr. Nordling stated that they would put all brick on them, and have four apartments in the ' � � � basement of each unit, Motion by Johanson to grant the waiver and issue the permit to King Realty� as well as to Ja-Ken Realty and James Hirscri for erection of multiple dwellings provided the buildings would meet the proposed ordinances. There was no second to this motion. Mr. Johanson withdrew the motion. Mr. Nee pointed out that King Realty had agreed to comply with the provisions of the proposed ordinance, Mayor Greig asked why the City is having a moratorium on the apartments. Mr. Nee stated that King Realty has agreed to comply with the gropoued new ordinances. Mr. Wolke stated that the City should be consistent on these matters. Mayor Greig stated that the Building Board had recommended approval subject to the waivers be granted� Mr. Nee asked if they had the required £orty square feet of storage area. Mr. Sheridan stated that he felt that the request for a waiver should be in writing so that the City Council can study them. Mayor Greig asked the Council to table all three requests £or building permits until the next meeting. Mr, Nordling stated that the plar.s are not drawn up with 40 square feet oi area in them, but that he would put in 40 square feet of storage arEa in the buildings� and will take out one unit in the basement. Motion by Nee Lo grant the waiver� and grant the permits to King Realty. Seconded by Johanson. Those voting in favor� Johanson� Nee. Opposed� Greig, Abstaining� Wo1ke and Sheridan. Mr. Nee stated that the rules prohibited abstaining unless there is a conflict of interest. Mr. Wo1ke stated that he would then �hange his vote to °no.�� He had originally abstained. Motion did not carry. BY JIM HIRSCH TO ENE;CT A MUI,TIPLE DWELLING ON THE Mr. Hirsch was present and stated that ha wished to build on a s%ab. The Citv Manager stated that the Council•�has to okay the permit, Mr. Johansnn stated that he has tried two types of motions� one to pass the ordinance amending the original on multiple dwellings� and he had also tried to pass a motion granting a waiver of the sxisting ordinance, and neither one of these had passed� and it was up to someone else to make the motion. Motion by Wolke to okay the building of the apartment build- ing of James Hirsch on a slab� subject to the code being met� and subject to the okay of the Building Inspector, Seconded by Johanson. Upon a voice vote� there beir� no nays� the motion carried unani.mously. REQUEST BY MR. NORDLING OF KING REALTY TO BUILD TWO THIRTY-FOIIR UNIT APARTMENTS AT 701 HIGHWAY N'.RTHEAST: Mr. Wolke stated that Ordinarice No. 213 originally was Fassed, ard he had voted against it� and stated that l� R 10 storage area for each unit is too much and there is a danger of a fire hazard in the basement when geople start putting things into these storage areas. Mr. Nordling stated that he would like to buila on a slab or he will build only four apartments in the basement of each unit� and woiald leave a storage space, Mayor Greig stated that he cannot seeccompromising on this. Mction by Johanson to grant the building permit for building on a slab, Seconded by Wolke. Those voting in £avor} Johanson, 5heridan� Wolke, Nee. Opposed� Greig. Motion carried. BY JA-KEAT TO CONSTRUCT Motion by do]�enson to grant the permit to build this apartment building on the slab. Seconded by Wo1ke. Those voting in favor, Johanson� Sheridan, Wolke, Nee. Opposeda Greig. Motion carried. REQUEST OF RANDQM REALTY TO BUILD �N A SLAB: Motion by dohanson to authorize the buildiag of th!s building on a slab, subject to approval by the Suilding Board and meeting build�_ng code reouirements. Seconded by Wolke. Those votiag in favor, Johansonr Sheridan� Wolke� Nee. Opposed, Gre�_g, Motian carried, ,'�'�PLICATION F08 REPdEWAL OF 1^rT0 FOR SERVICE STATION A�—T ��HT D OCTOD�R 18, 1961 EAST RZVER ROAD� CC1iN�AANY - RFfIiTF,ST 89 �o The City Manager explained that these permits had been issued previously and the one-year time Iimit was coming up on them. Motion by Johanson to authorize the renewal of these permits subject to the goning ord3nance being checked £irst to make sure that there was not a one-year st�pulation in the reZoning oi these properties. Seconded by Sherzdan. Upon a voice vote, there being no nays� the motion carried unanimously. BY STEPISENG A.�ID FIERKE FOR Mr. Kvalheim� who was representing Stenseng and Fierke� was present and stated that this would be south of the corner about 100 feet� and it is a Cities Service Service Station� and the present house on the property would be moved oFf. Motion by Nee to grant this permit. Seconded by Sheridan. Upon a voice vote, there being no nays� the motion carried unanimously. Mr. Nee commented on the appearance of the sign o£ the service station next to this property� a.zd asked Mr. Kvalheim if he and owners of the other service stations could get together with the Engineering Department and work out the access �o the property. LDING �RMIT ST BY SHENMAN HANSON TO LOCATE A DRIVE-IN RESTAURANT zn.rn�- The Building Board had recornmended approval of this permit, Motion by Johanson to approve the building permit of the Frostop Restaurant at 6289 Highway #65 and to move off the existing building. Seconded by Nee. Upon a voice vote} there being no nays� the motion carried unani- mously. TO Mr. Ferguson was present and stated that he was withdrawing his request to move the house to 1560 Gardena Avenue. He stated that he also wished to demolish a small existin� house at 583 Hugo Street. Motion by Nee to grant the request to move the building to 583 Hugo Street, subject to the posting oi a cash or per£ormance bond in the amount o£ �200,00 to insure the complete renovation o£ the structure within 60 days o£ moving of said structure onto the site� and �rant permission ta demolish the existing house at 583 Hugo Street ;�ortheast. Seconded by Wolke. Upon a voice vote, there being no navs, the motion carried unanimousl,y. PLANNING COMMISSSON MINUTES - NOV�'NBER 111, 1962t PUBLIC EiEARING - PR�LIMINARY PLAT (P.S. #61-25) �CO TEARACE - R�PIAT OF LOT�S � AND 9, BLOCK 2, SPRING LAKE PARK LAKESIDE ADDITION: Mr. Wolke asked if the City would be able to get the street on the south side oF 75th Avenue. Mr. Brown, City Engineer, stated that the Planning Commission has hald hearings on this matter� and this was the way the problem had been resolved. Motion by Sheridan to accept this as the preliminary plat o£ Andco Terrace Addition. Seconded by Johanson. ilpan a voice vote, there being no nays} the motion carried unanimously. LDT SPLIT F�QUEST - VAN CLEAVE ADDITION - LOT 2� BLOCK Z: Mr. Kohlan� City Attorney, stated that this lot split can be approved as it can be described by simple straight lines. The property is already platted and it would not be £easible to replat lt. The Planning Commission had recommended approval of the splitting oi Lots 2,-3,-and 1G, Block 1, Van Cleave Addition. Motion by Johanson to approve the splitting of Lot 2, Block l� Van Cleave Addition to make one %7.6 foot lot and three 73 foot lots. Seconded by Nee, Upon a voice vote� there being no na�rs, the motion carried unanimousiy. PARK =L .�_� - WI LLIAM The Planni_ng Commission had recommended that the parcels involved be �� ' LJ appraised £or conslderation of acquisition as park property. Motion by Sheridan to concur in the recommendation of the Planning Commission and secure an �praisal of the property. Seconded b,y 1Vee, Upon a voice vote, there being no nays� the motion carried unanimously. ST - WOODCREST BAPTIST CHURCH - LOT 1, 2, 11 .rnnmm �rnrmrner. � Motion by Nee to set a public hearin� on the above matter. Seconded by Johanson. Upon a votce vote� there being no na,ys, the motion carried unanimously. � � B�AftD OF APPEALS MINUTES - NOVEMB'r�R 11�, 1962: I�i3� OF SIllE YARll FROM 10 FEET PO 5 FEST THE EXISTING DWELLING - R:QiJEST BY DONAZD F. NIESC�: � The Board o£ Appeals had recommended approval o£ this variance request, Motion by Johanson to concur in the recommendation oF the Board o£ Anpeals and �rant this request. Seconded by Nee. Upon a voice vote, there bein� no nays, the motion carried unanimously. OOP�ASUNICATIONS: MEMO FROM CITY ATTORNEY - PAY[�N'P FOR RIGHT-OF-WAY TO LAWRENCE CONRAD Tnr m� nNrnrrnrm nF � nn.nn, Motion iay Nee to authori.,e the payment of �2�500.00 in £ull pa�ment for compensation £or the easement for 7sth Avenue Northeast, and for the damages for the loss o£ land, loss o£ garage and shed, �rees and shrubl�ery� etc. Seconded by Johanson. Upon avoice vote, there being no nays� the motion carried unanimously. FLAPi"r�'RY - PURCF3ASE OF PARK Pt3�PERTY: John Flanery had requested that the balance of tre money be paid for the park property purchased from William Flanery. Motion by Sheridan to authorize payment of the money on the Flanery propert�. Seconded by Nee. Upon avoice vote� there being no nays, the motion carried unanimousl.y. C. E. AIEISIUS - 821 MISSISSIP'I STREET - U7ITH REF'EREIdCL TO CLASM FOR SE'�+IER Bp K : Mr. Neisius had presented a claim in the amount of $254.00 for damage to his pxoperty due to this sewer backup. The City Manager suggested that this claim be turned over to the City Attorne*� for recommendation to the City Council. Motion by Johanson to receive this claim and turn it over to the proper authorities for processing. Seconded by 1Vee. l3pon a voice vote� there being no nays� the motion carried unanimously. Mr. Nee stated that these claims should be settled if possible. VISITORS: REQUEST TO BUII1] TWO HOUSES IN RICE CREEK SCHDOL ADDITION: Mr. Foslein requested peZmission to build two houses in Rice Creelc Schooi Addition. This plat had not been recorded as the vacation of 67th Avenue had not been completed as yet. He wished to build on Lots 3 and !�. Motion by Nee to grant permission to build two houses on LAts 3 and 4, before the filing of the plat with the County , Seconded by Sheridan. Upon a voice vots, there being no nays, the motion carried unanimously. - 79TH AVENUE FROM SN UN:: � Motion by Johanson to receive this petition and process it. Seconded by �� . t� � N2e. Upon a voice vote, there being no nays, the motion carried unanimously. CLAIMS: Motion by dohanson to approve General Claims %1�28 through 7538. Seconded by Neea Upon a voice vote� there being no nays� the motion carried unanim- ously. Motion by Nee to approve Liquor Claims 4755 through 1�807. Seconded by Wolke. Upon a voice vote, thPre bein� no nays, the motion carried unani- mously. Motion by Sheridan to approve Public Utilities Claims 2188 through 2217. Seconded by Nee. Upon avoice vote, there betng no nays� the motion carried unanimously. ESTIMATES: Mr. Nee asked Mr. Knutson of Comstock and Davis, Inc.s Consulting Engineers� about Estimate #2 for Stoxr.i Sewer Project No. 53. Mr. Nee stated that he did not appreciate the way this pro,7ect was ori�inally designed. Mr. Knutson stated that there is a ehange order that wi11 be coming up later that would cover the changes in the design of this project for storm sewer. Mr. Knutson stated that it was an attempt to put the line in at a lesser cost in the first instance. Mr. Knutson stated that the original plan was to out.let the storm sewer on the rear lot line� and the char�e order would I.ower the outlet considerably instead of outleting it some distance above the river. He stated that the conduit was to be covered. Mr. Nee stated that Mr. Knutson shoul� bring situations as this to the attention of the Council. Mr. Knutson stated that with re£erence to the claim of the J. W. Craig Company� Estunate #2� Pro,7ect 1961-3� they were supposed to sweep the seal coat on 66th Avenue, but the equipment had broken down� so they had not been able to do this as yet. Motion by Nee to approve the following estimates, subject to the City Manager holding the check for the J. W. Craig Company until such time as the sweeping of 66th Avenue is completed, Seconded by Johanson. IIpon a voice vote, there being no nays� the motion carried unanimously. J. W. Crai� Company Final Estimate 181�t Cali£ornia Stree, N.E. Estimate #2 Minneapolis 18, Minnesota Project 1961-3 $ 1�57•57 Perry A. Swenson Compan�g l�32 Endicott Building St. Paul l, Minnesota Comstock & Davis, Inc. Consulting Engineers 1l�I�6 Count,y Road "J" Minneapolis 21, Minnesota ESTIMATE IN THE AM'JUNT OF Project W-31�-J Est�m ate �7 Schedule 1 W-31�-F - Est. #13 W-31�-G - Eet. #12 w-3l�-a - scn. i, Est. #6 W-31�-K - Est. #2 S3cW-laB-A - Est. #16 5&W-l�B-B - Est. #�14 ss{{53 - Est. #2 s�w#55 - Est. #4 s�s�f/58 - Est. #2 w&s#59 - Est. #1 �15,607.80 $ 33.75 47.25 675.00 27.00 �+.50 38.25 2,306.50 390.25 1,3ii.5o 333.00 ,077.00 Total Estimaies- - - - - - - - 1�1 . � 1 1 1 9.� Motion by Wolke to approve the above estvnate. Seconded by Johanson. Upon a voice vote� there being na nays� the motion carried unanimously. LICENSES: Motion by Johanson to approve the following licenses: GAS SERVICES � Blaugas� Div. of Northern Propane Co. 791 Hampden Avenue St, Paul� Minnesota by: R, K. Albon 1 New Brighton Plbg. & Htg. Co. l�27 - lOth St. N. W, New Brighton, Minnesota GENERAL Belgrade Construction Co. 12306 Beacon Heights ➢rive Minneapolis� Minnesota I�ATING New Brighton Plbg, & Htg. Co. l�27 - lOth St. N.W. New Brighton, Minnesota MASQNRY Mooney Construction Company 501y2 Lowry Terrace North Minneapolis 22, Minnesota PLUMBING by: Robert Cornell by: Charles Belgrade by: Robert Cornell by: John E. Mooney - New New Renewal New Renewal Peterson Plumbing & Heating� Inc. 1�820 West Medicine Lake Drive Minneapolis 27, Minnesota by: Wayne Swanson New Seconded by Nee. Upon a voice vote� there being no na,ysa the motion carrie3 unanimouslp. RESOLi1'PION N0. 188ai962 REQIIESTING THE COUNTY TO INSTALL TRAFFIC SIGNALS AT EAST RIVER RDAD AND MI55ISSIP?Z STR�T APD� �SBORNE ROAD AND EAST RIVER ROADs' The City Manager had written a letter to Mr. Lundheim� the County Engineera with respect tr� traific signals at these two intersectioas. Motion by Nee to adopt the resolution requestir� the County to install traffic signals at the inter- sections of Mississippi Str�et and Osborne Road at East River Road. Seconded by Johanson. Uoon avoice vote, there being no nays� the motion carried unanimously. APPOINTMENT: Motion by Johanson to approve the following az>pointment: �Thomas H. Lund Full Time ,�2.35 Replaces 2112 Brookview Drive Bartender per hr. Douglas Minneapolis 11� Minn�sota Store #2 Loye Seconded by Nee. Upon avoice vote, there being no nays, the motion carried unanimously. AG��MENT BETtidEEN ERCO, INC, AND T,`i� CITY OF FRI➢LEY WITH REFERENCE TO TMPR(\17FM^n.nlP. TAT rrt�eivn,rT_enmc c�� mm � nTmr nr- Motion by Nee to authorize the signing of the agreement bet�aeen Ercoa Inc, and the City with reierence to the vnprovements in Meadowlands Second Addition. 5econded by Sheridan. Upon a voice vote� there being no na,ys� thz motion carried unanimously. y� LEASE - LIQUOR STORE N0, l: The City Manager stated that a lease had been presented with tern�s of rental of $lOD.00 per month and a 9D day nciice to be given for termination o£ the lease. Motion by Wolke to approve the lease and authoriaing the signing of it. Seconded by Nee. Upon avoice vote, there being no na,ys� the motion carried unanimouslyo ACCEPTANCE 7F STRE�T IMPROVEMENT - PORTION OF CRAIGr�AY SECOND AllDITION - BLACKTOP STRi?ET AND BIT"JMINDiJS CURB OA ALDEN WAY FROM THE SOUTH LINE Motion by Nee to accept the above improvement. Seconder3 by Johansan, Upon a voioe vote, there being no nays� the motion carried unanimously. CONSIDERATION OF HANDBILL DISTRIBIITTOIU: Mayor Greig stated that about two years ago }�e had asked £or some ordinance to be drawn up on handbills, as he din not care to have them lying around or hung on doors as it was unsightly� and about one year later he had breug,h� thls matter up againy 2nd nothing has been done about ity and he was slapped down by the Council� and he could not get the matter on the agenda. Mayor Greig stated that about 95� of this literature is out of the City advertising� and he agreed with some portions of the letter dated November 13� 1962 or Mr. Nee, but he felt the provisions in this letter were not strong enough. Mr. Nee stated that he had opBosed a general premise of outlawing distribution of handbills as he feels there as a question o£ the free press imrolved. Mr. Nee stated that he had presented the letter in the manner he had� as he Felt it protected the constitutional rights of tne peop]e. Mayr�r Greig stated that he did not like the idea of having his wife's name used in bringing this matter be£ore the City Council, as several other people had also called in complaining about this matter. The Ma�>or read excerpts o£ the minutes o£ March 7, 19b1 and May 21� 1962 relative t� handbill distribution. Mr. Nee stated that he admitted he had opposed the adoption of an ordinance on this matter previcusly. Mrs. Creig stated that people had called the City Hall arrl they were toln br the people at the Cit�� Hall that the�r did not know what to do about this handbill distribution. Mr. Wolke suggested that the City Attorney drakr up a proposed ordinance along td�e lines of the letter presented by Mr. Nee with reference to handb911s, Motion by Wo1ke to instx2;ct the City Attorney to draw up a proposed ordinance rc-gulating the distribution of handbillsa and Mr. Kohlan the City Attorney is to get together wi+h each Counczlman to get his views on this subject. Seconded by Johaeson. Upon a voice vote, there being no nays, the motion carried unanimousZy. PESOLUTION N0. 189-1962 ORDERING PRELIMINARY REPORT - STREETS 1963-1: The City Manager explained that part of the streets were petitioned £or and part of the streets �*ere not petitioned for in this resoiution� but there was an explanation as to which streets were and which streets were not. Motion by Wo1ke to adapt the above resolution. Seconded by Johanson. Upan a voice vote, there being ao na,ys, the motion carriad unanimously. RESOLUTTON N0. 190- `WATER AND SEWER - Motion by Johanson to adogt the above resolution. Seconded by Nee. Upon a voice vote, there be�_ng no na,ys� the motion carried unanimously. RESOLUTION N0. 191-1962 OR➢ERING PRELIMINARY REPORT - STORM SEWER P1�JECT N0, i2 s�- - - Motion k�y Johanson to adopt the above resolution. Seconded by Nee. Upon a voice vote, there being no nays, the motion carried unanimously. RESOLUTION N0, 192-1962 CALLING FDR SAI� OF BONDS - W-3�1 AND STREET 1962- l�— �T'A, 2B, AND �:�.— - ^ 1 ' 1 1 Mr. Robert Ehlers� of Ehlers-Mann & Associates� Fiscal Agent for the City of Fridley was present and explained the proposed bond sale as presented to the Gouncil. Mr. Ehlers stated that the bond market is good as yet� but it has been going up somewhat. Mr. Ehlers stated that the estimated ccst of Project, W-34 had been originaJly estimated at $2�084'000.00� and it xas now estimated that the cost of the project would be �2a107;Q00.00. hir. Ehlers stated that he had talked with Nir. Charles Howard} and Mr. Howard agreed that the City could issue the bonds for this project as the work yet to be done was incidental. Motion by Johanson to adopt the resolution calling for the sale of bonds for W-3� and Street 1962-1� 2A, 2B� and 1t. Seconded by Nee. Upon a voice vote, there being no nays� the mation carried unanimously. RESOLIITION N0. 193-1962 CALLING FOR SALE OF BONDS - PARK PROPERTY: Motion by Jnhanson to adopt the above resolution. Seconded by Sheridan. Upon a voice vote, there being no nays� the motion carried unanimously. s'� � : - W-3L-F - S ON GARDENA AVENUE AND Motion by Nee to adopt the above change crder, Seconded by Johanson. Upon a voice vote� there being no nays� the motion carried unan�mous7_y. CHANGE DRDER #1 - STORM SEWERPROJECT N0. S3 - TO CONSTRUCT STaRM SEWER AND APPURT�'NANCES IN THE EASEMENT BETWEEN LOTS AND S, BLOCK 2, RI4ERWOOD Motion by Sheridan to adopt the above change order. Seconded by Nee. Upon a voice vote, there being no nays� the motion carried unanimously. RETURN OF ESCROW DEPGSIT - UPLAND SE�CON➢ ADAITION: �Motion by Nee to authorize the release of $129,33 escrow deposit in IIplantt Second Addition with the check to be made out jointly to the Northern Land and Realty Company ancl to Thomas Silvis. Seconded by Sheridan. Upon a veice vote� thcre being no nays� the motion carried unanimously, � DISCHARGE OF OFFICER BENNETHUM: Mr. Kohlan stated that he has not received official notification from the Civi1 Service Board, but it was his understattding that the Board was recommending that Officer Bennethum be discharged from service. AD,70URNMENT: There being no further business, Mayor Greig declared the meeting ad�ourned. Respectfully submitted: Ma"rvi4��C Bru`nse 1 Seczetary to the Council /�'1�4yoCt _ T. E. are�'$ ���