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07/07/1964 - 000226842� �P�,ULAR COUNCIL ��TI�G — �IULY 7� 1964 � regu]ar meFting o£ the Council af the City of Fridley was call�d to order by Mayor Nee at Bxll� P.M. P.OLL CALL: Members Present: Nees Johanson� Kirkham, Wright Members Absent: Sheridan • ARPROVAL OF hIINUTES — REGCTLAR ME�TING, Jl1NE J�S, Il964: I Councilman Kirkham requested that that word "month" be changed to I ��motion'� on line 7 of page T2 in the June 15, 1961y minutes. Moi,ion by Kirkham to approve the minutas of the Regular Meeting � of June 15s 1964 as preparedr eorrected and received. Seconded by Johanson. Upon a voice vote� there being no na+ys� the motion carried unanimously. PU➢LIC HL;FlRINGS: PUDLIC H�AR]�IdG — ASSLSSMENT ROLL — SS #6!y : Mayor Nee announced a public hearing of Assessment Roll for Stoi7n Sewer Project No. 64. The City Manager read the N�t,iee af,Heasing. Mayor Nee stated this�item concerned thaee parcels nameiy Paxce7: 600, Parcel 900 and Pamcel 950 and inquired if 'there'wepe�anyone' present who wished to be heard on any of the items mentioned. Theae was no one pre�ent in favor o£ or objecting to the propoaed�public hearing and no objections to the spread proposed. Mayor NAeI,' �I declared the Pubbic Hearing for Storm Sewer Project No. 6�!Closed. , Motion by Johanson to adopt RESOLUTION #7�35-196l� confirming assee,a- ment £or Storm Sewer Improvement Project No. 6!y noting there;w,are' _� no objectors. 5econded by Kirkham. Upon a� roll es]]. votc,those�' voting aye, Nee� Wrightt Ki.rkham, Johanaon. Those voting t�p�'�one. , The motion caaaied unanimonsly. � PUBI,]'C iIEARING — ASSESSMENT ROLL — SFT #65: „' . � , i Mayor Nee announced a public hearing of Assessment Aol]:f or,�'3ev�c,' .�I '� and Water Project Na. 65. The City Msiageff read the Notice oP He'�ing. � � � � � I, �� Mayor Nee explained Lo thosa present the installation was to Ue on 77th Avenue from the �ast River Road to the Railroad tracks and inquired if there were anyone Qresent who wished to be heard on the item or that would like to know wha� the proposed as�essment was or object to it in some way. It was noted the minutea shotr these were no objections to the proposed Assessment Roll on SW �{6S. Mayor Nee dec]lared the Pub11c Hearing £or Sewer and Water Project No. 65 closed. Motion by Kirkham to adopt 1�,F,SOLUTIOPI �136-1461� confirming Asse�sment for Sewer and Water Improvement Project No. 65. Seconded by Wright. U�On a roll call vote� those voting aye, Nee, Kirkham, Johanson, Wright. Those voting nay, none. The motion carried unanimously. PUBI,IC HEARING`3- FINAL PI$T - GAILSVIEW ADDITION: Mayor Nee announced a public hearing on the final plat oP Gailsview Addation. The City Manager read the PTotice of Hearing. City �;nglneex G�ureshz prese��Led the plat of the Gailsview Addition to i.he Clty Council. hla,yor ldee s1,aLed Llie iLer�i was the consideratlon of the final plat of Uailsview Addii,�on �i, Maln Street and 41st Avenue and inquired if there were anyone present who wished to be heard concerning this plat. City Engineer �ureshi explained the area lnvolved far the City Council and tLose present. The City Menager stated the owner had Ueen �iven perm�ssion to petrtion Columbia Hei�hts for servicea. Councilman Wright �nquired if the developer of the land was present. Mr. Wayne A. Stev�art ��as present and explsined to the City Council it was possible co �et services lrom Columbia Heights and 1t had been suggested Uy the engiueer at Co]umbia fIei�hts there was a possible need for a lift station but iP rt Sliould become a problem they had said it would be taken care of. CL was explained the home to be built xn the �rea would be as��liL level t,yp�� oP ��ouse. City Engineer Qureshi explained he hed wantt�d to bring tLis it,em 1.0 the attention of the C�t,y Council as thrre ruight Ue somz proUlem �:ltli connections. It was stated Columbia ileigl�ts had approved LtiE� scrvices to the developer. Mayor Tdee inquired regard�n� the associ�i,ed land in the area. The developer replied �L w�s iicar the sand p�L arid the property owned by Mrs, IIelm. It was explained by Maynr Nee Lhe property drops off quite sharply in this area. Cauncilmt�n Wr�€;l�t iuqu�red if the City Council could �ive approval conditional upun the sece�pi, of a letter from Columbir� Ileights regarding services. Mayor Nee inquixed if there were anyone else present who wished to be lieard. There was no one present in favor of or ui opposition Lo the proposed fin�l plat oi Gailsview Addition. Mayor Nee @eclared the pnblic ll�arin��, on the final plat af Gailsview Addition closed. Motion by Wright tha{. the City Council approve the final plai. of Gailsview Addition and authorize the Mayor and Cii.y Mftna�er i,o sign seme conditional upon receipt of confirmatiou from the City of' Columbia Heights that tliey have � binding agxeemeni.to provi�le sewer eervice. Seconded U,y Sohanson. Upon a voice vote, 6llec•c� U-rinE; uo nays, the motion carr�ed unanimously. PUBLIC HEARING - FINAL YI�T - MEADOWMOOR 'PLIP,RACL S�COIdD ADllI'PIOP1 Mayor Nee announced a publlc hearing on t}m f'inal plati oF t�9��ado�a�rioor TerTace Second Addition. The Clty Manager rrad tlie Notice oJ'Ile�rin• City Engineer Qureshi presented t,he final p1aC i.o the Cit,y r�ou�ir_11. Mayor Nee explained this was an area of property bei,��een Centra� Avenue and Arthur Stre,et ,7u�L South of 7otli Avenue and inquired if there were anyone presenL ❑ho wlshed to Ue heard concere�in�; Lhis f'inal plat. There was no oue present in favor of or in opp�>s�Lioti to the pro�osed final plat. A discuss�on period tiaas ]�eld x��gaxdin�; loc�tion of plat. Mayor Nee declared tne ptiblic h�ar�n� on i.lie (iiial plat of Meadowmoor Terrace Second Addii.ion closed. Motlon by Kirkham to approve the final p1aL of Meado�amnor 'l'��is�c�� Second Addit3on and authorize i,he Mayor anrl City Mana�er to si;c� eame, SecQnded by .Tohanson. UpQn a voice vute� t��eze belnr>, no nays, the motion carried unanimously. 26 PIBI�TC I�EAFiTrdG - VACATION OF ➢RAINAG� & UTILITY EASEMENT - GUNDERSON TlRRACP. Mayor Nee announced a puhlic hearing on Lhe vacation of a drainage anrl utalii,y Pasement in Gunderson Terrace." The City Manager read Lli� NoLice of Hearing and explained this was the area in which the City Council had received severel communicatlons from the,different commii,tees and had ordered the public hearing. Mayor Nee explained this Publlc hearing related to a piece of property that was proposed t'or an apari,ment dwellin� and that all interested parties had agreed tYiat the easemerit in question was not necessary and the ease- ment coulrl be abandonned. Nayor Nee inquired if there were anyone present who wished i.o be hearQ on the proposed v¢cation. There was no one present in favor of or in opposi�ion to the proposed vacation. M3yor Nee declared the public hearing on the vacation oi'�9ra�na�;e �nd utility easement - Gunderson Terrace closed. Moi,ion by Johanson i,o �ccept as first reading an ordinance Under Section 12.07 of the Czty Charter to vacate a utility and drainage easement on Gunderson Terrace. Seconded by Kirkham. Upon a roll call vote those voting aye� Nee� Johansori, Kirkham� Wright. Those voting nay, none. The motion carried unanimously. 1'iIi3T,T(' AP�,RTNG - RrZONTNO R-1 TO C-1 - PORTION OF MEAD04IMOOR Mayor NeP announced a puUlic hearing on tbe rezoning for a section ot ]�nr1 �n Mesdowmoox Terr�re from R-1 to C-1. The City Manager read ihe Motice of Ilearin�. Mayor Nee explained this item concern�d a�;ronp of lot;s on Centra] Avenue and Osborne Road, also, that there hacl b��P❑ a x•eport from t,he professional planning consultant recornmendvig sarne and further recommendation of approval by the Plann�n� Commission. Ma,yor Nee inquired if there were anyone preserit vha uished to be hear3 on the proposed rezoning from R-1 Lo C-L f� Qiscussion per�od was held regarding building� and zo��rnp; in i,h� area. Mr. Bernard Jullcowski� developer� explained to tL� CzLy Councll they had only proceeded to a point on the rezon�n� because they wani,ed to t�uild houses. There was no one presrnL in opposition Lo the proposed plat. Mayor Nee declared �he puhlic hearing on the rezoning from R-1 to C-1 on a portion of Mcr�doiimoor Terrace closed. Mot�or� by Johanson to accc=pi, as first reading an ordinance to amend t}�e C11y Cnde oF the Cit,y of Fridley, Minnesota by making a change in ;,ot�ing distx•icts from R-1 i.o C-1 in a portion of hleadowmoor Terrac•�. ;;econded by Kirkham. Upon a roll ca11 vote, those voting aye, idcr� F.irkliam, Wriglii., Johanson. Those voting nay� none. The mol,ion ca,rr.�ed unan�mousl}�. FUi�L7C [7?AIi1PdG - FINAL PI✓1T - IIUT-BERG ADDITION: Ma}�or ldec� announced a pu7�lic hearin� on tlie i'inal plat; of Fiut-Berg Add�Liu*i. `T'l�e C� L5� Managc�r read the Notice of Hearin�. Mayor Nee �iiyuirc�d i f' there were anyo�ie present taho viished to be heard on tlie proposed final plat w}�ich was located on t,he corner of 53rd anc7 Pi]nmre Stiree�. Mayor Nee inquired reg,�rding Outlot {�l o£ {,he Fropo�-ed f�nal plat and u)i5� it ]asd been leYi out of the plat. The Cii;; 1i�n�„er cxplained iP �he ovner wanted to replat� tt would U� ca 11��Q a plat oP Outic'� �;�1 The owu�r, Nr Edmund Ber� laas pxe��e��i n�id spolce to thc� City Couneil. ThPre taae uo definite reason ��vFn for Ovi,lot ��1 bein�=, dc7eted from the plat. A discussion pexiocl �;aG }iPld regardzn� Ontloi, �{1 of the proposed plat. Ma,yor NPe rl�1,Pd Tix. Ldmund Fer„ had been evasivc in answering ,� qneGlione. There was no one present �n opposition Lo the proposed plai,. Mayor Nee declared U�e pu6lic hearing on the final plat of i,he 1Ti�t-13��r�; Addition cloced. �� Motlon by Johanson to c�pp. ove the fiu�il pl.�, oi ilie Ilul,-llei �, Addition and au�horize i,he Mayor and C i ty hlanaErer to siF,u eame Seco�ded by Kirkham. Upon a�nll ca11 voL�, thosP voi;i�i„ �_;u, Joh�nson, Kir;cham� Wright. Those opposed, I'r-e. Tl�e mol �c,u carried. OLD I3USINE;SS: F'IIiST READING OI' ANIb1F1L COPJTROL OP.DINAP1Cl; • Mayor Nee announced fox Council con�ideration l,he firsi, rc��di.i; �i the Animal Control Ordinai�ce. Tlie CiL;� Plaua�;er gave tihe �iz_l s•eading of' said ordina?icc . Motion by Wri;ht to aecept as first read�nf� an oxclinance cout�oll�nF; doge within the Cii.y of Fridley requ�iin�; c.uni°inein�n'L� a �u��ipuL�us� system of registration� tiie esi.ablishmenL ol �n An�nial Coiii,rol OFl�cer providing for the impoundment of do�;s� requ�rine the vaccLnal�c�i; against rabies; and amendrn�* various porC�ons oI' Chaptex c�J ol' the City Code of Fridley and providing fux� r_ontxol ot' animal iuisa�ic�s. Seconded by Johanson. Motton by Wright to amend Gection �1.07 ot A�umal Contro] Or�1��a��cc strzking out the lest sentence which be�,rins with th� �aorcla '�I�i lli�, event a cat has bitten a71y person" and w1�ic7, is cover� d iu ��r l,ion 61.0,�. Seconded by Johanson. Upon a voice vote� there iieiiie; nu nays, the motion carried unan�raously. City Attorney Smzth explained wi�,h re�,er3 i,o Sectlon F1 1'?, th�_re is a General Separability Provi�ion tt;at applies Lo all oi tih� ordinances and there was no nced for lt Mo.,ion by Sdit€�liL io strike Section 61.12 and cha��ge the desiSnation of the i,cYt paraoraph to Seetion E�1.12 from Section t�l. J 3. Seconded b;� Jolinnso�i. Upon a voice vote� tYiere being no nays, i,tie mot,ion carried uria�iirnuu�ly Councilman Johanson st�ted he �iished �,o propose anrtliex� ch+�nE;�., that in Section 61.04� It,em a on the impounding Cee Lt s1�onld l�e changed from �ia.00 to �55.00 and Item b of' Lhe same secLton rr�*ard- ing boarding fees should be changed from :�1.2� per day to :fi3.00. L'ouncilman Wright explained for those present the change piopo.,ed was to reduce the flat penelty but to incre�se it ii' an oim�r would allow his animal Lo stay tl�e full allo�aable tim� .,rid Coi Ll�oS�_ ti�1�o reclaim animals quickly, it would be a Uenefit and Yox• of.t��, a penalty. Motion by Johanson to amend Section 6LO�i, 1Lems a Lo read '�Pa�- to the ACO an impounding fee of �5.00° and ltem b to read "F�iy to the ACO a boarding fee of :�3.00 per day or sr�ction l}:errof that the dog was impounded". Seconded by li�rlchani. Upori n �roic�a vote� there being no nays, the motion caxri�,d unanimously. Mayor Nee announced the normal rule of' t}�� City Council taas t}iaL ou ordinances they do not get involvPd in discussion Uut ir� viet, oi the interest in ttiis par6ticular ordinance ihe Cii;y Council ��ould consider a.ny comment� or ob,7ectlons. Mayoi Nee inquired il' rlere were aayone present who wished to speak or aslc ar ,y quesi,ic,iis regard3ng the An1ma1 Control Ordinance. Mr. Harrzs �aas nri•sc��t and remarkedit had heen stated Chat an,y dop, that didn't, have a tag could be picked up. Mayor Nee replied that whetl�er tLe 3og wo�ald have a tag or not, 1� was tn v»le� i�u of tl�e ordzuarice if iL were runniug loose. Mr. Iiarris s1.i3Le3 that supposiu�, tLe dog had lost his tag and the owner had a 7�°ceipt� how i�u�lra Llir ordinance on picicing up a dog Lhat has a licecise affect, ZL. Coune3lman Wright replied i,Le dog coul�l L�c� picked up and ttitre would 6e an impounding Pee� a boarding i'ee aod then 1t could b� returned and if the do� t�ere wandering �n the streei,s ii, cou]ri Le plcked up. Council Wright read from the ordinance the sert�on in que�tion. Mayor Dfee further explr-� ii�ed 1 hat on the conip I ai n t o f �� . a cii,izen which was covered in Gectlon 6].09 in which case if a do��,�aere a nuisance it could Ue picked up. Mr. Harris inquired Pio*�� mucli authorit,y tlie ACO had on personal property and what the price was for a tag. Counczlman Wrlght explained the pricd would � Ue sel, by t}ie Cii.y Council and would cover Ll�e licensing of the sys6�n, �nd no more as i1, was intended to be sel£- supporting and the pricc� would not be exorbatant. b4r. IIarris stated lie was in favor oC some type of control over animals. Councilman Wright explained that unless the ACO had a complaint about a dog in wrii;lu� he could not come unto anyone s property and take an anim2l. Mi. Harris stated further he had a 7ittle dog which rode in his car and znqnired what would happen if anyone t,ried to reach in thP car and were bit and if anyone could file a complaint against him. Councilman Sdright replied they could not. Mrs. Harris stat�d they Yiad been Lolrl when their dog had received vaccinations that afF,er a dog once h�s h!s shots he doesn't require any more. Councllman Wrigt�t replied the beet advice they had been able to obi,ain was llmi, it was recortimended to have a booster shot every i,;io vears. Councilman Johanson 3tated he felt the liceneing o£ animals was as much a proi,ection for people with dogs as well as anyone e]eP or more so. Mr,. .Inck�e ;i,reus wa: prrr,enL and si;ated shr. already had s permanent ]icen�e for her dot; in tkie City of Fridley and how was it possible i,o s��,y � L wa, no �{ood? City Attorney SmiLh replied the new ordinance oiould rep�al 6he old ord�nance. Mayor Nee sLated 1.hey would enter inLo a conLraci,. Councilman Johanson asserted the Caty Council ��as m�2cly attemptdn� to get rid of a nui9ance. Councilman Wright rr.plau�cd t,Yie First poiui, w�s that P�rs. Str¢us had a contract und�r Lh�� old ordinancr_ and 6he City Flttorney had edviced that iahen i.he Cit,y Council did seL the rate it would seem reasonable to �;�ve a reduced rate k,o those who already had registered animals. A7rs. SF�-aus inquired if the registration would be such that it woul�l amaunt to anythin�. The question was also raised if there wexc� an ordlnance at preeeni, rclat�ng to ch�nchillas. Cound lman 41riFht replied there was an ordinauce rclating to it but i� did not cov�t the animals mentioned in tYiis ordinaoce. 7the question was ra�sod bv another resident iF his do� barked who would decide which ord�nance� the oTc� or new� it would be governed b,y. �ouncil- man Wri�hf, replied that under both ordinances, they would have to et�n n r_omplaint and would be heard in Municipal Court. The quFGi,ion was raised if a person did sign a complaint when was the aut,l�ority �iveri the ACO to covfiseate the animal. Councilman Wr��ht replied ii, would l�ave'to go through Municipal Court proceedinF;e and unless i.he ACO had a Court Os•der he could not go on privat� property. I1, was explained by Councilman Wright the A00 of Pr�dley is violentl,y opposed to wrong tactics and wes fair �riinrle�l, 7'he question waG raised b,y Mrs. Straus why the license r_ol�lcl not, l,e isnnsferred as a car license is transferable. Mayor Tder• r�pLied this roras a beti,er license the❑ most and ii these were nececsar,y t_t�P ieneral idea of thi� ordinance was better then mosi.. P1r .�t,raus inquired reparding the registration if the City Council had any irlea what it would cost. Mayar Nee replied there was no idea on 6Yie cost as yet. Mrs. Straus inqutred if they could have a cornpulsor�, type tag for do�s. Mayor Nee explained he received many ca11e from people, that. a dog has some rights and so did the propvrt,y owner and�ther 1,hen t,ry to dei'ine it all by ordanance � o� police power� th�s ordtinance puts the matter into the court tihex•e {,LF problem can be properly ad,7udicated. On 1,lie or��;inal moLion i,o accepi, the first reading of the Animal Control �rd�nance� there being no nays, tihe motion carried unani- mnu5ly. IfII�ST R�ADING OF OR➢INAl`dCF VACATING ALI�Y - BLOCKS 2, & 3, OAK Mayor Nee announced the First reading of an ordinance vactiLln�* an alley for Council consideration. `Phe CiLy Manager explauied to the City Council they had held a publ�c hearing and quesl.i��u�d the 67th Avenue situai�iori so a t,urriaiound had been oUta�na�d k,r.- cause of the probability that 67th Avenue would never be developed from Fridley Street to Anoka Street due to LY�e terrain. lle ex.- plained the Streets and Utllit,les Comrnittee� had recommerntrd approval and deeds had been obtained. Mayor Nee ir�quired if th�s werc � sLa�iaaid turnaround. The City P4anager replled it could noL be as l�r�;E a� mosL Lurnarounds because oE' i.Y�e i,erraln buL it �ould be bi� enon,�,6 end it would have the same approximate amoun� oY paved area as tliis had been the objection previously as he had understood it. 'I'he C�ty Manager gave the first reading of an ordinance vacai.ing allcy u� Blocks 2 and 3� Oak Grove Addition. Motion by Johanson to accept as firet read�ng an ordinan�e under Section 12.07 of the Cit,y Charter to vacate streeCs and ulleys and to emend Appendix C of %tie City Codc in Aloclss � and 3} Ot+k Grave Addition. Seconded by Kirkham. Upo❑ a roll call vol.c, those voting aye� Nee� Wri�;ht� iCirkham, Johanson. Tl�oae vol,ni+�, nay� none. The moi�ion carried unanimously. SECOND READING OF ORDIN�NCZ #273 VACA'PrNU ALLtiY - FiLOCK �, FI�MIL`i'ON"S kDDITION TO MECHANICSVILL�:: Mayor Nee announced t,lle second readinr; of an ordinance vacatiii�; aii a11ey in Block 4� Hamilton's Addit,ion h� rrtrchanlcsville. 'PI�F City Manager gave {.he second reading qF tiir-_ propose3 ordiuz3nr_e. A discussion period was held regardin� setbacks� the �xeas in general� etc. Motion by Wri�ht to accept as second readin�;, Ordinance ?=273 under Sectlon 12.07 of the Clty Charter to vacaLe streets and alley� a��cl to amend Appendix C of the City Code, adopt and puUlist� same. Seconded by Kirkliam. Upon a ro71 call vote, t,tiose vot,i n,; taye, Nee� Kirkham� Johanson� Wright. Those opposed� none. Ttie raol,ion carried unanimously. SEC�ND PARIt : OF OR➢IRTANCP VACATIPSG 11LI�Y - L'LOCK 2, IIY1lP Mayor Nee announced the second readzn�; af an ordinance vuc.�tu�„ an alley in Block 2 of I�yde Park. The Qity Manager �ave Llie secoi,d reading of the proposed ordinance, Mayor 1Vee requestPd a m�ap of the area. Councilman Wright inquired i!' ibere were gnrage: �,erved by this alley in question and was tolr� {.lier� were uoi,. Motion by Johanson to accept as seeond reading� adopt aud publleh Ordinance �27�F which io ¢n ordlnance under Sectlon 12.C�7 of i,he City Charter to vacate sbreets and alleys nnd to amend Appendir C oF the City Code. Seconded by K_irkham. Ma,yor Nee �,tati�:�] lh� only question which occurs�ed was wheLher oi° not tLis �iea wn� iii iIyde Par$. The City Manager repl7ed he woul�l checlt inlo ii,. Upon a roll ca11 vo�e� those voting aye� tdee, Johanson� Wr��1iL, l;�ikh�.m. Those voting nay� none. The rriotion caxried unanimously. SECOND READTNG OF ORDINANCE �/275 qMCNDSN�, CHAPTER 76 - FAI;HIPaG Mayor Nee �nnounced for CoLmcil consi3eral,ion tl,e seco�id readiuE�, of an ordinance reg�rding parking. City ALtorney Smith exp7ai�ied in the trtle and in Section ��1 where it 15 says "SectLOn 7u" should read "Chapter 76" and Paragraph 7E�.] 5 has the �epdral, i 11L;q Provlsions and it mighi, be well thai, it be �9elei.�d. D7�i,yox 1Vec staj,ed if no one wished Lhe ordinance read Lhere could be a motmon for its adoption. G� ,� � P�nLion by Wriglit to con�ider ac second readirig Ordinance �275 ameridiug Sectaon %6 oi' tl�e Cii,y Code by addln� additional reatric- L�ons on parkin�? 1,hereto, adopt and publish same. Seconded by Kirlcham. Mot*ion hy Wrtglit Lo amend Ordlnance ��275, the title and in Seetion frl Lo read "Cl�apter 76" xatYier than "Section 7�i" and delete Para- �rapli 7G.15 thus chan�in� Paragraph (6.16 to Paragraph 76.15 and to read Chapter 7C. Seconded by Kirkham. Upon a voice vote� there beLn� no nays� the motion carried unanimously. — Tlie C�1,� P4anager stated the Fire Department had questioned Para- gra�h 7(.09, Item d��hich stated "within 10 feet of a fire hydrant". Motion by K�rl;ham to amcnd Paragraph 76.09, Item d to regd "within 20 feet n£ 3 firc hydrant" rather thanithe 10 feet, Seconded by Wri�;ht. Upon a voice vote, there being no nays, the motion carried unari�mously. Councilman Ktirkham raised a question xegarding Item � of F�ragi�ph 7C.09 and why {,he last three words "when properly posi,c�d" ti;as included. Mayor ldee replied it might be conetrued {li� cervi_ce road would be 100 feet from the Fire Station. Acting CLt�� t,Lorne,� Juster sLaLed the wording had been penciled into a copv nf t,he ordinance he l�nd received. �I'he City Manager explained t,nn C �icP of Po1�ce lia�l checiced t;l�ie iLem. Cat,y AtLorney �m�tl� e.cpl_ninerl t,o l,he CiLy L'oianc�l Lhat where tl�ere is no parklug area� sl, i; in �r�ler for i,he pubLc to lcno�i -ind there should be some post- ulf; ol t,1 �� l�ind� 1,nat itsually tn a city they paint yellow a cer- f�iu �1��-,»�e Uy t}�e i�re plu� and th�:; was ,7ust a matter of givii]� Ilie �n�b]�c uotice. He ['urther explalnerl iL was reasonable to him fhah,��t,�,� {bere had 6ecn a hablt of parking there should be some kind oP �lesi�na�t�on. ni� I h� oi i�, nial mo tion 1'oi Llir adopL �on and publi cation tx' Ordinance R.� � ,��ji, i1��re I�ean� no nay�� tlic mo6ion carried vnanimously. IdT1�I 7'�ri; [N1�;9G Co��ncilrrw�� ,Tohanson annou�iced l�e wiched to suggest to the City Coiuuil lhal because of tlie amount ol busincss and the bctcklog� appa,eiii,l•,, of busznesc l,I�ai. tl�ey were belii� £aced with and so many nC i,h� i,hinf*,s i,hat, happen after the meetings that they meet each �ieol:. Dinlio� by Johanson that for {}�e period of the next few weeks that f.7,� C� f v Coi�i�c�1 meat cr�ch 2�4ond�y nlght insi,ead oT every other Moriday. t"o�znc�]nian Johanson etplained i,his mtigh� be an imposirion i,o 'hf° Cil., Manager but at, the same time the administration would no6 1,�- pi epar�n� au enLtire ar;enda, �u,i, e� part oP it. He Cur�her �xpin �no�i l,h�zt *�l�en i,he a�enda� are lengt,hy there is a tendene,y io in�i}-e l�as�} decieions� �hai, }�c was riot, putl,in� any tame limit en .�oti� many weeks this shoul� �;o on, but that it shoulfl be �ust uni il I,he worlcload is 1��;hP,ened. Mayor Nee asseri.ed it laas a matter nC nrl�it.r�artl.7� bxeal<in„ t,l�e a,�;enda dotan. Councilman Wright :Ia�FQ hc would second the moLion with the suggestion this motzon ^nu1�l nc�t, make ii cncumberit on t;he mimates of the u�eetings being p2Eparcd. Mayor f��P stated he was incl�ned in �lie directiop noted 1ot a pezin:9 of time� ih�t mo,7or items one iaeek and minor items �ii�I,hPr w_el. nnpht be i»se and lnquired �f it should be done for aboal s�:: w��ek�. Counc�lrnan Johanson replied L-hey did not hsve to put �]�riuL on it. Mayor Tlee suggested the motion should read 11i�t f��I• i,he rema2nder �,f �Tul,y they �aould meet every Monday. P4oi�nn bv Jol�ansou {,o rc�phrase prevlous motion that the City Council ho7�3 a r^ru]ar meet�ng on cvery Monday night in July of this year. Gecouded Uy qright. Upon a voice vote, Lhere being no nays� the no+.LOii carried unanimously. � BIDS - SS�68 (OPENED NOON JULY 7 19C,l+). BIDS - SW 7 OPENED NOON, JULY 7� 19b� • Mayor Nee announced for Councal consideration Uids for Sari�i,aty Sewer and Water Improvement Project No. 67 and Storm Sewrr lmE��ove- ment Pro,7ect No. 68. `I'tie Cii.y Manages• read itie bzds alou�i a� follows received at noon this day: PLANHOLDER Nodland Cons{,ruci.ion Co.� Inc. Alexandria� Minnesota � :• 1 'Prans.-America Ins. Co. 5� ..� �_ Lur� s� �zn cor�r��l.msoN 2z�, °�19l+,837.70 Fl, speci:�ed Peter Lametti Construci,ion Seaboard SureLy Co. `J`� �197��Q3.95 11: G�ecif'ied 615 Drake Street St. Paul� Minn. 55102 Hurley Construction Co. Travelers 4j Signal Hills Indeu�nily West St. Paul� Minn. 5511�� 5'�� 15�,��73.39 �s specil'ied Herb,st, Cnnstruction Co 1550 Highway No. 10 Mpls.� Minn. 55421 Petrowslce & Ross.� Inc. 4155 Brunswick Ave. PJo. Mpls.� Minn. Randall Dros. 3400 Silver I,ake Road Mpls. Minn., 55�+18 Moretinni Construction Co 852 Westmiri�er St. Paul, Minn. 55101 Johnson Bros. Hwy & I�eavy Construction Co. BoX l002 Litchfield� M1nn. �rwin Montgomer,y Canst 2104 Bush Street St. Paul� Minn. Sandstrom & Haiher Inc 749 Forest Dale Rd. 1Vew Rri�hton 12� Minn. Txans.-America Ins. Co. j�° Trans.-America Ins. Co 5°G AgrlcUltural Ins. Co. 5/� Seaboard ❑urei,y 5'� Travelers Indemnity 5� Co. Federal Ins. Co. 5°� 'Pravelers Indemni6y 5� $167,0,2. �,o :�182,955.r�3 $ iGS,i87.�o �157, 7�i 0. UO A� speci]ied �0 ca] . cl�ys 12o c�i. aayh L1s spcclf�ed $1G9,95o.UO �U �pP�:�e,ea �162,721.32 7t10 ca7. ��¢ys $s16'7,��'l�.ao A� �E�c�tr�es The City Manager read to the Crty Counci] a communictrtiuu i'roni Mr. Zee Comstock� consull.in� engineex•, Etat,ing they I�ad ex�tu�ue� the bid contract and Hurley Constructioc� Co. of Wesi, ;;t, liaul, Minnesota was ttie low bidder at $1>6,873.39. lt 4�as stat<<1 ,}„� estimate of t,he total tmpx•oven�ent pro,7ects, as bid, �iere, S'.75°,6 ovc�r the estimate Sn tlie preliminar,y repox L and it w�s tl�c�i� opinion the bid was good and recomrnended Lhe conLxact h� awcardr�l tu IIusley Construction eo, oe 49 Signal Ilills, Wesi, 51,. Pau7, P4innesota. Motion by dohanson i�o concur with tYie i°e��ummendation oP t�,� coii- sulting engineers and award the bid for SaniLary Sewer aud L]�tes Improvement Pro,7ect No. 67 and Storm Sewes Improvement Pru7ect. No. 6t3 to Hurley Coneix•uction Co. of 49 fSigna] Ilills, We;,t t;t,. Pau1� Minnesota in the lump sum bid of $15G,E373•39. Secor�ded by Kirkham. Upon a voice vote, there be�ng no nays� i,lie nioi,ioci carried unanimously. t) `� E�IDS - S[J & SS �69 (OPI;NPJD NOON� JULY 7� 19C4): f4ayor Ner annotmced for Council consideration bids for Sewer and idater Pro,ject ��69. The City Dlanager read the bids aloud as follows rec��ved at noon this day• Gr�nd Total Ylan Fiolders Bid Depoait Lump Sum Eid Completion Time l. Pdo�3]an�i Construction g $74�426.65 Sept. 15� 1J�i14 2. F��rbarossa & Sons 3. F'eier Lametti Consi,r 4. Ilur]e,y Con�tiuction �. K�iiaison - Seurer Inc �. Randal] Bros. j. l�lrw�n Montgomery f�. Petxow�ke & Ross Inc �. �7ohnsvn Bros. lO,Uai�r3�t,rom Fiafner L1.M^Dona7d - Luben x X X Y x x X X x x �sb2,435•19 �93,269•57 $g6,32�F,t30 �,F�3, 23 5 . o0 �7�,335•5� �77,396.40 $65,764.79 $1o8,4oE�.5o $76,oII9.00 $1�9,344.70 sept. 15� 1964 Sept. 15� 1964 Nov. 15, 1364 Sept. 15� 196b Sept. 15� 1964 Sept. 15� 1964 60 days sept. 15� 1964 sept. 15, 1964 Sept. 15� 1964 Tli� CiY,} Df�nager read to the City Council a comn�unication £rom Mr. R. Y Aiin�ter of �uburban Pn�ineering� Inc.� relative to tihe bids anrl recommer�ding the low b1d of Petrowske and Ross� Iric.� in the amount, oI �65,'7b4.79 witli a completion t�me of 60 dgys. Mot�on by Johanson to concur with the recommendation of Suburban Fngineer�og� Inc., and award i,he bid for Sewer and Water and Storm 8ewer lmprovement Pro,7ect ��69 to PeLrowske and Ross� Inc.� in the lump ewn bid of :�65,761�.'j9 with a completion time of 60 days. Secovded by Wrighi,. Upon a voice vote� there being no nays� the motinn c�x�ried unanimousl,y. 1�ID5 - P]ACH HOUSE - MOORI? LAKF: (OPENED NOON, JULY 7, i964): Mayor Nee announced for Council consideration bids for the Moore Lak� I7Fach Ilouse opened at noon, on Sf�l,y 7� ]964. The City Mana- �er road i,hc Uids aU follows: Lakeland Brick Harvey Peterson Loeffel-Eng- . PT.fl�J & Si,one Coni,rsc- Co. strand Co. IIO],DE�II� tors� Inc. 203 Miss�ssippi 31�i5 Hennepin `— su. 4-8464 st. Ave. 147 Craigwav PLE. Mpls. 21, Minn. Mpls<� Minn. ' Pridlev �2. Minn. 560-13�+0 I'�Il) [1PIPOSL7' er�^r �Zn ALTf?RNA7'F No, n-1 �L'i r,R PIA'fT; no. n-� AT!TT'i�T��`fT rzo. n-3, N OPIE � it3, 927 . o0 �23�3. 00 Add �504.00 Add Trans-America Tns. Co. 5� �16�711.00 �233.18 Add $504.00 Add .�1F1l+.00 Aaa Trans-America Ins. Co. 5� $i7,880.00 $200.00 Add �550.00 Add $�+75.00 Add ALTERNATF; N0. B-� ALTERNATE N0. B-2 ALTERNATE No. D-3 COMPLETION TIME $3�3•00 Fldd $650.00 Add R. F. Panek PLAN Construction HOLDER Co. 530-T2th Ave. N. E. New Bri�liton� Mtnn. 55112 B7D D�POSIT �7:��] ALZ�RNA'I`Ef i N0. A-1 ALTF.RNATE N0. A-2 l�LTERNATE N0. A-3 ALTERNATE N0. B-1 ALTEftNATE N0. B-2 ALT�RNATE No, B-3 COMPLETION TIME Maryland Casualt,y Co. 5� $i5,5oo.ao �"140.00 Add $500.00 Add $s9Q.00 Add $120 . 00 Add $655.00 Add $62b.00 Add 70 Ca7. Days �3�3.00 .�d1 $E,So.00 Add �451F.OG Adc� 75 C�1. Days �,;�1�o.on Add $'71�.00 Adcl �G 5�+� . 00 Add �j0 C�i1. Days- The City Manager explained to ihe Cii.y Cnwlcil a recap by Ciry �ngineer �ureshi str�ting he tiad examined tl�e bids and lo�in�l tl�c low bidder to be R. F. Panek Construction Co., with Aasvey Petersoii Company second low bidder ¢nd the cost estimate ;�E1,500 over r}�� original estimaLe. It was i'urther explained th�s dlfference would increase if any of the alCernai.es would he added and C�ty Lu�iueer C�ureshi recommended the lou Uidder to the Cit,,y Council, �tiat U��t�p; R. F. Panek Construci,ion Co.� of 530 12th Avenue N. E., IlFw br��rLlon, Minnesota in the base 6id of �15,j00 00. Clty Ai,torney SmiLki �c�- formed the City Council this was a very higli margin of dirierence. The City Manager asseried it was 73�� ovei Lhe estimate. Coun�_i]iu�n ,7ohanson inquired what the_price was hased ori. `i'Y�e Cri,y Mana�;c•i replled the engineers office Lad drawu il�� speci_r'1cat�nns. Council- man WrigYit stated he felt tY�e problern was t,k,e Parks and PLF�yr�xound: Committee had used the�r work�ng estimate in e�cumUerinF; i,he r�.- maind�r of the park funds and i,hey should be consulted. � ty 3� Pi�t�on by Wright to receive the bids for the Moore Lake Seach House anc] reC�x �ame to the Farks and Playgrounds Subcommittee. Council- tnai� Wrigl�t poii�ted out tl�ey ��ere approaching the endvof the Park P�onrl innds. City ALtorney Sm�th asserted Lhe size of the bid be- vond i,h� e�t�mat,e was noL particularly a concern� but it was a. conc�r❑ �ahen Y,hey v�ere a�sessing and the fact the bid exceeds the evtiniale doesn`i, have i,he s�gnlficance. ueconded by Johanson. ilpon a voice vote, t,her� being no na,ys, the motion carried un- . 8 [ll f110ll 81 }� . � R[�ILD7I�IG R(IARD ME�;FTTiVG MINU`IT�6, JUNF ?li, 1�64: l�YYT,iCA`�70N FOR A BUSTDING P�;RhlIT E3Y ST. WIZISANS CHURCiI FOR A CIiURCFI AND � CHOOL BUILDiNG A4' 151 UNIVERSITY AVENUE-NORTiIEAST LOT 5, AUDITOR'S SUADIV7SlOPI N0. 59 AND NORWOOD ADDITION, 1 7 I'L�1P'�T P�Y 145 FEET OF CEMF�NT APfD ST�EL CONSTRUCTION WITH AN FSTI M3yor Ne� announce8 for L'ouncil consideration an applicat3on for a bu�ldtin�; permit by St. Williams Church. The City Manager read to t}ir_ City Council thF recommended approval of the Building Boord. Couucilman Johc�nson qtated he had gone over �he plan with the l;n�ld�n+; �nspecLor and it was satisfpct,or,y. � Moiaon h�� 4lright to concur ynl,h the recommendation of the BUilding T?oard an�l �pprove the applic�tion f'or a bullding permit by St. Williams CFa�xrh Cor a church and school building at 6i51 Universii,,y Avenue Northe�si,, Lot 5� Auditor's Subdivision No. 59 and Norwood Addition, L`77 Ceei, by 135 feet of cament and steel construction with an esLima�ed cost of �'>506�320.00. Seconded by I{irkham. Upon a voi�e vol,e, t,herc� bein� no na�s, the motion carried unanimously. noArn or �Y�nrs �;LTZ[vr Mzrru�s, Ju[vE 17, 1964 & JuNE 24, 1964: 'i'lie C�ty M�nager explained to tI�e City Council that all items listed on ihe L�oard of Appeal� Meeling relate to Special Use Permits and U�se�] on the new ordina�ce, they were to go before the Planning Comnues�on who dld no� have a quorum at theLr last meeting and Lhey r�ere not consldered Uut �f the wished to table ection� it coiaJd be continued to the next meet�ng. There was no Councll i�rl,�on. I��AI;D OP APY�RIS MCGTIATG MINiJTES� JULY l� 196A: Notion b� dohanson to r•eceive and fzle the minutea of the Board oC Appeals Meeting helr� July 1, 1961i. Seconded by Wright. Upon a v�»ce vote, there being no nays� the motion carried unanimously. SAI�7�1TY COMMITTER MEETIPIG MINUTES� JiJ�VL; 17, 1964: htayor NFe anriounced for Couricil consideration the Safety Committee Meetln� Minutes of Juno 17, 1964. Moi,ion Up Johanson to receive ai�d fi]e bhe minutes of the Safety � Committee Meeting held lune 1'7� 190'4. Seconded by Wright. Upon a � vo�ce� vot,c, there bein� no nays, the motion carried unanimously. COMNfiiN i0A7'TONS • irIALKI��R • RF„IGNATTON PROM POLICE COMMISSTON: ,�� Mayor Nee announced a communication irom Mr. Artllur Wallc�r ir]a- tive to his resigrtation trom the Po1�ce Commiesion. Mot�on by dohanson to xeceive the communicaLiou from Mx, �xthur Walker and accepL his resignatlon from Lhe Police Commission �ditL reluctance. Seconded by K�rkham. Upo-, a voice vote, i.t,err- b�in��, no nays, the motion carried unaniniously. C�,unciLiian Yf7�it;l�t �-u�p�c5t,e3 the City Councll should dlrect and nzc]u�le in tl�e motiou a c�,mm- unacation oi commenda.Lion be seni, �Lo hii , llall�ei . `.['hE CiLy Nau�- ger replied this was roui,iue. DIOG'�SE OF ST. PAUL: SA ,PI�'NT. Mayor Nee announced a communicatiot� Ior Council considcial�on rinm �he D2oaese of St, PauL The CiLy N�na�cr explained to ilie C��,�,� Council he hed received a leLter Lhi� day and zFli, tlie ��r�ec r�- ierred to was fair� that i.he city's �tippza�ser Y�ad telt ��',40� sl�ould be bfifered Uecause of the streei, benclit aud the Diore:r_ ol ;'t. Pavl feele �,he stx•eei, is no benei'it and Ll�e City should puy ;��i,G�S. The Qity Manager furi.her ex}�lained t'�c DLUCCSe had coop�ietE�i n, every Way,� and say tYiey reafiirio tlieiz =Land and tuxtl�ei [e�l ii,�� essement bisects Lheir propeity but as Lh� mdLLei couldu'l b� ��u�l�u out they feel they should hava the tull amuunt. Tl o�a�� :�.prp;�_:.�_�l by the City Manager� Lhe C� ty Coune� 1 cou].�� iP they ti� i�1��1� o* d� i condemnation thougYi LYie Dioce;,e oi .�,t. Paul l�ad beeri ruop� rat iv� . tdayor Nee inquired iC Lli�:� enuld be pa�d uu� of �tate Ai�� I�'uc.�l� and was to13 �t could no1.. Cotiancllrnr�n VJr ��;�,t Statec9 i[ LI � t' i i,y Counc2] did agree he nould not zalsl� to y��7d the Dloc�-� �u�+ i��i gei, benefit. The Ci�L� Manager iepl�t�u LI i,liey w��}�ed lo ,L�� i�t� F,hey would want the mol,iou worded Ly ll�e Cri,y �+1i,oxnF�� i��{ lui il � � explelned �hae item za�s actually 1os1, i-� ��e 1eg�l P�1�°s �., i'. had been First of'fered 1n llecember ol' 1��.' and �,}ie llioce;�r L�i�i brought it to t!is ai.��ention. Moi.ion by Sohanson to �urcll�.,^,e an ez�:�°n��n� t'xom Ui� Di��,� �� i,l St. Paul in the amouriL of �4,02j.�0 tox� �, wat�r l,raiisu,is: iou l��i� in the NE 1�4 of Sect,ton 24 tinth purcl�ase 6o be made out oi 113�i- Water Fund. ,�',econded l�y Wright. Upai a voice voLe, tl�ec� lx �ng no naysa the mo{,ion carried tiinat�imouGly Sf1LR7DAN: JUNE 2, 1)��F h]CNUTt�;S. Ci�y Attorney Smi1.h explained w�th �eierence Lo ihe cornmunic�aL�ou ?rom Councilman Sheridan L1ie�t Mrs. 0'Donne 11 on the pxop� � ty �u question Y�ad been in liis of'1'ice and �.hFr� ti�as iio problcni, tl��i�, tl�� item wae merely a coxreci.ion of tl�F autti��_i oP feet, llt 1 i�i ll�er explained the est¢te had !iot been setLled to a poiiit idu.�c� t,]�v could g2ve the City a deed buL it would hr forthcomin�,. M��yr,r Nee lnquired hoza the m�1.Ler Ln que: tior� �_uuld be l�ai��lle�i. C�iy Attorney Smath rep]ied ii' Councilti�aii Sb�°riQan's �uggestior! wexe lollo��a�1, they could move to atneiid the motior� rel'crred Lo Motion by Johanson to amend tLe Sune 2� 1`��,1J miuutes� p,z�z�- �`, concerning Resolution f�109-196�F to x�ead "Lkie F,ast �3G0 j�-r_t" ial,i��_i� th¢n "the East 500 feei.". Seconded by Wxight. Upon � voLCe_ vote, there being no na,ys, i.he mot�on carrled unanimously. OUIMETTE;: WAIVFR OF RNGIM1BRlNG E. CRO!J G7J P],A'1'• Mayor Nee requested an explanation of the C�ty Manager reFar3ing the communication from D. Neil Ouimci;te '1'Le City Manap;er expl��rnrd to �he City Council Ll�e owi�ers had a�53�+�.00 del�nsit i'ar en�,�uecei,�p; f�� r;crow fee: based on the Ploi,ting Ordinance but in this parti_ c�tilm• a� c� therc is no apparent Puture nc:ed for the improvements �ncl 1,1,ero hove been thr�e otl�er plats in the area �+aived. He further axpl=rLi�c�d Lhis is an ordinancP requirement for new plats and did- n'1, apply in this insiance, that the City Council had agreed this woi�ld he satisfactory and i.his would be formal action on same. P7ol,ion bv Joha��sori to wa�ve il�e enp,inecx•in� escrow deposit on T'.��, i�G14-OG, OuLiriPl,Le Terrar_e. Seeondecl by xirkham. Upon a vazce voLc, 1,hcre b�ing no ❑r�ys� the moLxon carrie@ unanimously. BR�r1iiLYN 1'ARK: I3RIDGE: P4ay��r PIa,� announced for Counc�l consideral.ion a communication from i.hc Vill��*e of Braoklyn Park re�erding a possible bridge crosaing. The Cii,,y Mana�er explaiued to the City Council it woul.d appear the City of,Fridle,y wouldn'i; want this bridge comin� 3n at 85th Avenue Northeast but the Village oF Brooklyn Park would like to have an e;tpression if the Clty Council of Fridley ls interested in a bridge somewher� along this area. Mayor Nee inquired if it would lae appro- pr�at.e I,o refer the mat.ter to the City Manager`s office. The�_'Gi�y Manager replied they wi�hed Lo know if Fridley is interested. Moi,ion b,y Johanson to receive and file L-he letter from the Village oi' Rrooklyn Park. Seconded t�,y Kirkham. Mayor Nee stated that� gen- eral7y, tiiis was a goori idea. Upon a voice vote� there bein� no n��,�s, the rnotion cerrlcd unanirnouely. � I��RD OF IQ'sAI,TH: REPORT: Mayor Nee announced for Council„consideration the receipt of the I Board oC IIealth Repori,. Motion by Johanson to receive and file J the report oF James II. IIensley� Board of Health. Seconded by 1Jii�ht,. Upon a voice vote, there bein�; uo nay�� the motion carried wianimously. MINNRAPDI,iS: 9PWFR CIiARGES: Ma,yar Nee announced for Council cons�deration a communication from Lhe Crty of Minneapolis re�arding sewer charges. The City Manager �xplained he had not ]iad time to check into thls item but would do so for a lnter mePi,in�;. Mot7on by Yirkham to recive and file the letter from the City of Minneapol�s re�arding Sewer Cl�arges. Seconded by Wright. Upon a voice vote� there bein�; nu nays� the motion carried unanimously. 'T'FITS� CITY LINES: ROU`I713: Ma,or Nee �,nnoui7ced �a commun�cation fxom the Twin City Lines� Inc.� re�;arding a change in i°outcs. The Caty Manager explained to the Ci�v Council the Tzain Citv 7anes say ihey can extend i,heir route ou tlmvereity i.a G7th, on 67th to Monroe � Soubh on, Mor�roe t6 , Mi�s��sippi and back to University Avenue and if the City Council w�,hrd lo have them do this, they would do it on a 90 day trial basz� hul, wished to point out they aould har-e happy people on 66th �venuc and unhappy people on i.he new route. Mayor Nee stated neither one of Lhe routes were designed to carry a bus. The City Manager ar_ceri,ed none of the sLreets ln question were for heaVy construc- t,ioi7, bu1 that 67th Ilvcnue is fairly flat and less likely to bump and tliie was merely an alternate the Twin City Lines had suggested. cJ � Motion by Johanson t,o receive and 1'ile tY�e communicat,�on 1'rom Twin City Lines� Inc.� and advise i;he compan,y the City of Fxi31F�y does decline their offer. Secondad by Kirkham. Upon a voir_e vut,e, there being no nays, the motion carried unanimously. FIRE DEPARTMENT: HILLTOP CONTHACT Mayor Nee announced for Council consider�tion a memo f'xarn Rob�r� S. Hughes, Chief ol' Frid]ey Fire Depari,rrient re�,ardin,r, i,l.e fire fighting contract with the Vlllage of FIilltop asl;in� terminatio�� of same. TheCCity Mana;er explained i.o Ll�e City Council tit w�s suggested to the Tlre Department it the fee was doubled thal nii�,hL be.satisfactory but i.he Pire llepartment voted this down ncid �t was ib be the directian ot' the CiLy Council whether the coni,r<<ct L>e renewed or not. Counc�lman Wricht, inquired if this Lu any �,�ay jeopardized the cooperaLive agreement ��1tP other �uunic�l�aliiies and was told it did not. Motion by Wrlght to concur witli i.he recrnnmendatlon oP i,l�r I'ndley Fire Department and i�ermiriate the agreeiuen� with i.k�e V� lla�� of Hilltop� when it expires in September, advise Lkie ViLlap,� nl Hilltop and �;ive them sufficient not�cc. Seconded b�, Juli�nson. Upon a voice vote� there being no� nays� t,}ie motion cai°i icd unsu�lrnousl��. �NGINEERING MEMO: GAS PERMIT: Mayor Nee announced For Cowzcil aonsi�lexil.ion a request �oi a pex- mit by the Minneapolis Uas Company tor ii�e placenient of seiv�ces. The City Manager explained this requesi, w¢s similar to f,��e �it,ua�ion the City Council had had before where tit t�as iinpossible to maiii- tain the proper distance thai. had been a Counci] po1 � ry aiid or, Ly the Ci'ty Council coul.d wetve it. 1[e fluther expl�u�erl tli�;, wnu]d not be any more problem than the oLkierE, as tlie Miriu� aE��7 i� C,�e Company is abou�, 5 ieet from the w� ter 1� ne. Councilmaii 1�Ix ir l�i � n- quired ii this produced any pxoblems of mainten�n<•e. Ci1,v L;n�riu� er Qureshi replied it s 6� 11 gave them ample xoorn Por iriain! � ii�,ice, Motion by Johanson to iseue Ltie waiver tn the Mznneapol�s G.;� Company on Permit Slb6-]9��1. Seconded by Wriglit. Upon a vu�ce vote, there being no na,ys, the motion cazried unarnmou�Jy. GOVFRNOR ROLVAAG - LF'P�i'ER DP COMMENDATIOPJ� The City Manager announced there was a communication txuni Gove7uor Rolvaag stating LY�e Minnesota SafeLy Council was giv�°i��, P'��n1ay an award, a pedestrian safeLy awaxd aud ��shed to coiurnend 1�r[d]ey and would see there was a propex awarrl ai°ranRed. Motionl by Wright to secetive tlie cor�,meridal iori Fzom Uov�_ � n�,r t,o] vaap, and direct that a lettier be senL to il�e haf'ety CommtLlr� ,i� l}�ls regard. Secorided by Jo}iauson. Upoi� a vuicr vote, tL� �� l,� � ui� ��o i�sys, the mol,ion carried unauimously. VISITORS: Mr. M1ke IiaFner was present and requesLed to be heard asl�i��p� wlial he had t.o do to get 73rd Avenue blacktopped� tiYiat lie di�l nol w�i�i, other people paying for hls street, and uould ]il<e I,o pa,y tor li�s own s�,reet. fIe expl�ined the Ci1,y tia3 Uc:en ovei� I,}�e :;Li-eet, tiiitli graders� hauled dirr,, sealcoat and tilie eiitire C�ty ot Fridl�=y was paying for it. IIe stated he w�shed in have 1,he stsf•el, l,]acR- topped with a curb and E;ut,i,er. Mayor Ne�- lnquired iY tli�s w�is t,he streeti Uy the �railex• Park. Mr. Ii3f'ncr steted Lhe w�irk he I�arl re- ferred to liad been goin�� on For two monllis. The Cli,y Mrinap;c� tinFurmed the City Covncil iP tltie,y so w2shed i,lie �dniinisi.ration coii7ci start 3� pror�-� mr; I,hc ��av�n� wor)c. M�VOr Nee iuquLred oP Mr. Hafner � C li� ❑n; rnnceride�� witti �iiaC the laei, l,hxee blocks oi '73rd Avenue virl �i�v. th�� ^��rvice rnad. Mr. Iiafner replied t;his was correct, so ilwi, Ilic pvople from MPlody Manor could drive through from Able ntr�ei {o Ilipl�wav y6j� t.ha1, �}ie City had had a grader in the area i,I�T�P i,nn�� a ��eek a�id �i�e maintenance �tiould not have to continue. Comir�lman Wr�phl, �nformc�l Lhe members oP the City Council that he ha�l be�i� �dvised bv the C�i�y Attorne;� any aci,ioi� re�arding the ^�i�or �n 1}i� area would nnL be �eapordized by paving the street arul that,� a„ccorrl�ri� to C16� �'n�tineer Q�areshi, the sewer was now fliuola��nin�; properl,y. TLe City Manager stiated he could give the Cil,y Coun�il Lhe Pixst resolutlon arid sLal.us report soon. Councll- man ��nli�ri;nn inquixed if ihis could no1, be added to an exist3ng �L>>�ct oon{re�ci,. The City Monager replied thts was different as �t uaE a�Late Aid Aoad hut the,y would have to check it out. I°Sr�. Anrnld Cohee� of 5`�9� :lt,inson Boulevard was present and stated I,I��t ,^,outl� oC Garderia, in hia area there was a problem street� that ov�r Ihe pasL four years i,hcre l�ad been nol,hin� but construction 2nd i,ne people who dug up the sLreet never did anything more than puL �n cl�rk and now the road caves in the middle. He explalned tlir natural flow of water should be West to East and it is now 1;asL tri Wo�i,. Mr. Cohen st,ated he had i,aken Lhis matter up with I,l�e admi n iei,rat,ion but 1,}�e rti�i,i,er wss now cominp, to e axisis ae half oC t1iF r��l ��ae gotn� to ba �aved and New BrigYiLOn was going to povr i I, arnl li� fe]t, t L va�� ,�lly an3 ricliculous. He further stated 1,here ls no Count� or State �ur�sdicLion end� apporentlya unless Ano1:2 Co�nd,,y is w�lling Lo do somethin�� thc C�t;y of I'ridley will have lo do something aiid }ie was present to ask for suggestions. iIc �iio}ied t,o �cnow if he nnd his nei�hliors should petition for a �Lrr�1 nr ,�)i;�i i.hPy slioiilc4 do, i,hat New flrzghton �a not concerned al,rnil I,h� dr�.�nap,e Probleni, 1.haL he haQ cont,acted the bul.lders and �va� 1o7d PiFta Bri�hi,on wac �u�{ puti.�ng in a street and not concerning il�ems��lves �n th drainage. Mx-. Cohen asserted he had been n�eintaining L1�c =1,rvr�t for some t�me� Lhat Mr. Ehesney af the Street Department }ia�3 pioini:�ed hicn he would comehack and resod hls lawri but it had not be�n don�. Mayor Nee inquired if Mi°. Cohen had seen the plans For r,ho e{,re�i„ Mr, CohFri replied he had not but had been told I p�a I Anol.a Ooun Ly iw��le tiad beeti allocated t'or thz3 year and there wet� r�one �vailable. Tlie Cii,y Manager si;ated he had been told Ll � C'ou�ii,y imG loolanp into the mati,er but on a �oint Uasis, {;hat hF hnd �,alltefl with Milner Carley in charge oF this item and had been tol�� t caos suppo�ed to be discussed. Mr. Cohen stated he had spd=�n i.o P9r. OGtlund of Niilner Carle,y. Mayor Nee inquired if Mi. Cnl�cii could get a pei,ytion �n for Yns half of Lhe street immedi- al.Fly and 61ien they cou7d probably come to an agreement. Mr. Cohen fur�ther �nq>>ired if they cou]d get water services in their area a�i�7 therrkr,y �;F�L �;3s servtces also� that the Minneapolis Gae Company rcfueFe i,o put, �n �as tmlcss water is alread,y there and the main prohl��m ir Llic facL tlierP are only four iamilies. Mr. Cohen inquired �r 1,1��°e vetir any zaa,y of gel,l,iup an estiniai,e. The Cil,y Manager evpla�ne�l lhey could petition Lor both iaater and street at the same i�mc. T°ayor Nee explained i,o Mr. Cohen if the improvement vasn`i, in il�cy would noi ti�ant. to pave the 5treet. Mr. Cohen stated l�o r�7nl�l appreciate °o�i�E�nnF comir�c do��❑ anfl loolting at their problem �� if vn� �7tifficulL to �Iri�e now much lees saitl� t�alf of a street pav��l mid •ill i,he �aaL�r drainiii�* to hi� pro�erry. Mayor Nee absured P1� ,!'n}i,.ii I1�� Cii,y Cc�un�i] ��oulrl reso]ve i.l�e iten� Qor him but t,hey tn�nJ�I u� ��1 d pel.� I,ion. PRr i�o��a��l P7eleon owner of F�o��ie`: 'Pavern was presen� and explained ;n Ihc fily Council he c�i.11ed pcim�;eion i.o move h2s place of buslness tn A1onn P7��n �1loppirt�, Ccnler. The Cit,y Manager preseni.ed to the �'�' , qni�n�� 1 aZ�p] icat,ione, lr_�se� applical,ion for license� caSe 1 i��=n_� ,� Lr, for Pdr, PdFl°on'� I;avern. Ma;yor niee repl�ed he fel� i l cnnl�> h;� doii�� bizt �nqia�rcII as il;�� item had r,ome in late zf �+�°iio❑ ��,�, uece�s�ry Ll�i� nighi,. City Attorney Smith explained z��t,l� iliF� �ame ownErsliip, Lhe license could be l.ransferred. Mr. GI i n I�i � n � Mcon Y1a za S;liopE�in� Center staa Led t,he m¢Lter was being ��rl�l �i� P.�nrlln� the appi��va] oi' i,lie CiLy Council but that Mr. il�l�on s�o>>ld subnnt hi, pl�ns and �he,� would build accordzng �;o his wishes. Mayor Nee �taL-�d hp wae r.ert,ain i,lie Cit;� Courici� would agree with it. Mr, Winters explained i.hey were iei i,]�e ��ro- cess of lay3ng the sewer� etc, Councilmaci '�Jriglii, explal�ied 1.lic. C:� I,`i Counc3l could give informal assurance but Lhe final action would come witl� the final plans. Councilman Johanson FurLher cxpl��u�ed all plans� etc.� would 'nave to be met b,y co3e. CiLy Attornay ,hn�Lli explained Mr. Nelson wan6ed t.he sentiment of Lhe City Coiincil, that the Qity does have a provision tha�, a i,avern license is rii,t transferable but thi� refei•red to when a man sells to a new owner and here Mr, Nelson was just transferring From one place Lo .�notl�er and if the huilding is proper and whatever else is requixed� {,his was all that was needed arid it could be transferred admini�Lr�t,ively, Mr. Nelson etated that all he wante3 wa� assurance that wt��n fi�� lease at his present tavern exp�red he would have no problem. Motion by Johanson to anstruct tYie City P� nager to advise Mr. Howard Nelson that the txansfer of a llcense from one premise to the other can be accomplished administratively and will be 3unu � if it meets the requiremeni,s of the Board of Flealth and any ot,l�Pr ordinance a��licable. Seconded Uy Wright. Upon a voice voi.�� there being no nays� 1�he mdtion carried unanimously. Mr. Bqb Hughes� Chief of the Fridley Fire Depsrtment� inquized if there was apy question on the Hilltop Contraci. as previously mentloned. The dity Manager replied the City Council had agreed ,witY� i,he, Pn e Departmer}t and agreed 1,o terminate the contract. Mr. IIugLes informed the C,ity Council tl�e Fire Underwriters had tested their trucks and ttwo didn't meet the test and the members of the Fire Department believed it was due to the sand. IIe explained he wou]d attempt to lie,Y4 the trucls,s pui in order to have i,hem retested. again� as they wer@ attempting a lowex rating and in aUout t,wo yegrs time they ahould be planning on anotYies new pumper. CLAIMS: Motion by,Wri�ht to approve the payment of Genera] Claims �}271F7 {,hrough �2932. Seco�ded by Johanson. iJpon a voice vote� the�re being no nay,s� the motion carried unanimous]y. Motion by Johanson to approve the payment of Llquor Clainis �C,�Fri through #6506. Seconded by Kirkham. Upon a voice vate� t,hei� being no nays� the motion carried unanimously, Motion by Wright to approve the payment oF Public Utilities Cla,irns #3383 through �3�29. Seconded by Itixkham. Upon a voice vote� 1,here being no naye� the motion carried unanimously. ESTIMATES: Mayor Nee announced the coneideraLion of esL�mates Etir Coqnci] approval. Motion by Johanson to approve the payment of the fo]]owing estimates: Swanson Excavating Company Box 368 Hopkins� Minnesota Estimate �2 (Pari,ial) Storm Sewer Improvemeni, Project Ydo, j-A �70�j3lI.'72 �North University Stoz7n Sewer) ��t �� .� 40 P1cCarthy Well Company <7� TusLis Street :1T. Faul� Minnesota 55114 Ps{.imate {�1 (Partial) Wa6er Improvement Project No. 31+� (Dx�if t 4lell ) nergersuxi - Ca�well� inc. � 31?0 Wayzata Boulevc�rd D4innetnnka� Minnesota 55�3�+3 PsLimate �1 (Partial) S7f�ter Improvement Pro�ect No. 3�+-R (Pumping �quipmen{; - Existing Wells z, 3, �+, � 5. ) $2�808,00 U' w $1�6�+2. 50 Seconded by WriQht, Upon � voir_e vote� there being no nays� the motion carried unanimousl,y. "' Mayor Nee aunounced the consideration of the fint�l estimate on the P'r�dley PLre �,tat4on. Mayor P1ee inquired if the asch3tect had been �upervising the construction and payment. The Qity Manager replied t,l�e Fire Reliei' rund was building the station. • Council- � man�Wr�p,hL inquired if the amount presented included the t`scade of the City Hall. City Engineer Qureshi replied it was only for the a.d�3ition of Ghe Pire Station and they were holding �1500.00 pending comPletion of certain e�aall items. The Ci�y Manager expla3ned i,here w�s also a Change Order of $218,75 to add tkiat ia�dn't been original]y in the contract and the City CouneZl didt!'t actually auL-harize the payment� they merely concurred. City Attorney Smith s1.ai.ed the City Council approved the pa,yment scale� as presented� as the 1aw required expenditures to be approved by the City Council. Moi,ioti by Jolianson to concur with the letter of July 8� 196�+ from Robcrt, Aldrtch� President o£ the Firemen's He13ef Association and agree wii,h the payment of the final est3mate for the Addition to the Fire Station with 10"f withheld in the amount of $i2,863•3S to 1.he D, W. Iiarstd Company. Seoonded by Wr3ght. Upon�a voice vote� there being no nays� the motion carried unanimously. LICI,NST ;: Mayor Nee announced the licenses to be considered Yor Council aci,ion. �ouncilman Kirkh�zn inquired regarding the Vendin� Tltuek license ynd that� as he recalled� there seemed to,be an inequity� that Lhe beach concession was :�.100 and felt the licenae�should he held Ln abeyance until i,here was verification on the amoun� of the li.cense. Mayor Nee inquired regarding the license fee for tkie Dairy Q,ueen operation add stated he was certain it was V'exy nomin�7. lt was agreed to approve the license but to have the license i'ee chre1:ed. Mot�on L7y K�rkham to approvE LYie issuance of {,he following licenees: �PXCAVA'PORS Jerry PrPPman 6iC4 Fairchild l�venue Mii�neapolin 32� Minnesota by: Jerry Freeman NEW � EXCAVATORS (continued) Maple Grove Construction Co. Route 2 Osseo� Minnesota Marts Excavating 3909 Douglas Drive Minneapolis� Minneaota Theisen & Sons 2305 Xylon Avenue North Minneapolie� Minneaota GAS SERVICES Fred Vogt & Company 3260 Gorham Avenue Minneapolis 26r Minnesota GENERAL CONTRACTOR FIarold L. Claesen Constr, Co, 12541 Larch St. N, W. Anoka� Minnesota Cooper Construction Company 837 - a9th,A,�enue N, w, Minneapolie 32� Minnesota I,ester E. Eckhardt 3632 Silver Lake Road Minneapolis� Minneeota G. A. Gundereon Route 5 Anoka� Minnesota Sjolander Construction Co. 2246 Johneon St. N. E. Minneapolis� Minnesota Springdale Homea 6�+41 Univeraity Ave. N. E, Fridley 21� Minnesote , HCATING Jerry Baer iieating & Vent, �o. 3024 - 4th Ave. South Minneapolis� Minnesota Fred Vogt & Company 3260 Gorham Avenue Minneapolia 26� Minnesata MASONRY z Gilbert Construction Co.� Inc. 1202 Jackson Street "ut, Paul� Minnesota by: Eu�ene Schafluch by: Walter McClees byi Robert Theisen by: Fred Vogt by: Harold L. Classen by: Thomas �. Cooper bx: �ester L, Eckhardt by: G. A. Gianderson by: rx•ed S,7olander by: Leon,Madsen by: Jerry 13aer Ly: Fred Vogt by: Louis P. Gilbex•t Triangle Construction Co. 5359 Riverview Road Minneapolis� Minnesota by: Junios J. Knudsen RENLWAL RGN1�;4JAL NGW RGNE{L7AI. ]`1PW NE; W 1VE;W R�N1?wAL RI;NF.'WAL NF�47 lii��l7u ^.il11� ]111P17CWAL IVIsIJ N1,W �1 42 Fi,I�STF�R INp Advaticed llry W�11 Ttapiri�� Inc. 39Z� Un�Yerslty Ave. iY. 7i. Minneapolis� Minnesota PLUMM�SNG Nfarvin Moore Plumhing Co. 396�i Cent,ral AVenue N. P, T1inneapolis 21� Minneeota RO�PIIJf: t�lali,er Ausland �20 - 123rd Ave. N. W, C,��nis Rapids� D4innesot,a {Cruc}ceber�r Raof ing & u�M �doc•ke 3]15 Nicollet Avenue Mintieapolis A� Miunesol.a CAFP Proni,i�r Cli�l� 73(5 Central Avenur; N, E. Pridley�Mlnnesot;a 55�3z orJ ;:nT,r Fireside Night Club `/41E� Central Avenue N. �. Pridley� Minnesota55�+3� TAVER[d F'ireside Night Club 74�+0 Ceni,ral Avenue N. T. Frid]_ey� Minnesota 55�+32 VG']�iDINC: �P,11CIC by: I'rank Rurak by: Marvin Moore by: Walter Ausland NEW RENEWAL 1VFW by: Richard IGS,uckeberg NEW by; Marlene Povlitzki PI�W 75]6 Arthur.St. N. �. - Pridley� Minnesota 55�+3z by: Severin G. Kraemer . RENEWAL 1432 w, 32nd Street Minneapolis� Minnesota by: Severiu G. Kraemer RENEWAL 11+32 W. 32nd,Street Manc�eapolis� Minnesota' Mell - 0- Dee Ice Cream Co, by: Robert W, Tauring PTEW 98g Gorman Avenue Sl:. Paul� D7innesota Seconded by Wri�ht. T7pon a voice vote�.there being no nays} the motion cn�°x•ied unanimously. . - PE' TTTT�NS : Mayor Nee annotmced for Cotmcil consider�tion the receipt o£ a petition and stated the petition received was a major operetion and involved more proper{,y than the signers of the petition. Counrilman Johanson asseri.ed he thought the City Council should at leaet havF• a preliminary report on i.he atem. Mui.ion by Johanson to receive Pet,ition �24-1964 and xefer to.admin- istration for processing, Seconded by Kirkham. Upon a voice vote� there being no nays� the motion c�rried unanimously. COTISIDFRFlTION OT�' ORDINANCI; AMCPID�IG CHAF'PER 78: I I �S � Mayor Nee announced the consideration oP an prdinance for parkiug in public parks and stated it had been brought before the Cii:y Council at the request of Councilman Kirkham. Councilman Wright stated the Parka and Playgrounds Committee was in favor of such a control and it would eventually affest al1 pas•ks but Councilman , Johanson's°point of view tha1. 3n the fuLure this ehould be de�i�,- nated as a Frid].ey Park and Beach Permit was good. The Qity - Manager gave the first reading of an ordinance amending Seci.ion 78 of the City Code to provide permits for parking in pu}�lic parks. b1rs. Jackie Straus was present and inquired regaridng the p�rking in perka and why it wae beixrg done, Mayor Nee replied the :taite of Minnesota had the same type of re�ulation for parking� as an example� and the argum�nt could be made that the C3ty of Pridley is not so rich thst they cauld 'under�ixite parks for all of Anoka County. Couneilman Kirkham explained this ordinance wss tq assure that the citizena who are paying for the parks get uee of the parks and are not overrun by outsiders� that there had already Ueen some vandalism even before the park dedication and it was believed thst much of the vandalism is from outsiders and it had been thought it might control some of thiss He further explained that ii' a car d3dn't have a parking sticker°there would be a little mare coni�rol and it would preserve the parks for the people who are paying for them, Mrs. Straus replied it was her opinion the parks should be available to anyone and including outsiders� that when you drive through a town it was good to 6e a61e to stop at a public parlc and this is also done in Minneapolia. Councilman Johanson stated he agreed with Mrs. Straus� {,hat he woultl rather see a sigv oF iuel- come then one where people have to pay, Councilman Wright asserted he annnurred with general park usage but where there is a niajor investment of iunds he felt it would be reasonable to limit �ts use, Mayor Nee suggested adjourning the question for Yurther consideration. ° Motion by Kirkham to aceept as first reading an ordinance amending Section 78 oi theCf�t;�y Code 'to provide permii.s for pnrlcing in public parks. Councilman Wright tnquired if this ord3nance was pr�pared at the request of-Councilman Kirkham or il it had been given any hearing at a11. Councilman Kirkham replied it was at his reque�i,. Councilman Wright inquired if Councilman Iiirkham would accepi, a subst3tute motion and refer the ordinance to the Parks and Play- grounds Ca�n3ttee and then refer it back i.o the City Council. It was so agreed. Mo�j.on by Wright to refer the proposed ordiriance that would pro- vide permits�for parking in public parks to Lhe Yarks and Playgrounds Committee for reeommendation. Seconded by Y.irkham. Upon n voice Vote� there being no nays� the motion carried unanimous�, L"iLy Attorney Smith informed the City Council the title of the ordin- ance regarding "Section 78" should be changed to read "Chapter 78��. CONSSDERATION OF DRAINAG� PROBLFM AND ASSESSMENT - MOOR� I�KI; AIL�IS: Motion by Wright to table the consideration of the drainag� prot�]ern and assessment to the regular meeting of Suly 20� 1964. Secon3cd by Johanson, Upon a voice vote� there being no nays�the moi,ioii carried unanimoUSly. CONSIDERAT70N OF AMENDME;NT TO SECTION 45.19 (2) - PUNERd1L HOt�:i: Mayor Nee announced the consideration of an ordinance �or funex-al homes, The City Manager gave the first reading of an ordinanc� to allow funeral homes and mortuaries'in an R-1 Disl.rict Ly a Use Permit. City Attorney Smith explained i.o the City Counr_il there was no need for a public hearing. 44 Mnfaon b,y Joh�nson �o accept as first reading an ord3nance am�ndiu� Section 45.19 of Lhe City Code to �11ow funeral homes anQ morl,uaries in an R-1 District by a use permit. Seconded b; I; i rl:ham. Counci lanan Wright �tated hc was oppo[sed to this or- cl�n�nce on the grounds t,his is iioi, a d�sirable use of R-1. , Mayor �Sec sL�l,r_d that all i,h�s does is provide for the use of a Special lisr_ Pc7�ntit, P90 I, i on by Johanson tl�at the ordinance i.o allow funeral homes and mor•tunries in an R-1 Pistrirt by a use pes�mit be tabled to the n�xt, rPp.u]ar meeting. ;�econded by Wright, Upon a voice vote� there beiiig �in nays� the motion carr3ed unanimousl,y, ^ON;�TDi�,RP,TTON (�F �I�DINANCLI CREATING CHlaPTER 84 - vz@uoxs: tiavni ^Ie�_ �,nnounced L}lF= consicleration oF au ordinanee regarding I,1<<� con;umption of liyuor in public places and providing a license for eame and stated tha{, in Section 84.03 the dollar figures were rev��rsed or he did not understand them, Councilman Johanson stated thaf, in talking to some ot the merchants it was not a deairable oxd�nan�•c and did not feel they would be gaining anythin� by this tY7ie of an ordinance. Councilman Johanson i'urther stated he still bAl��v�d and agreed wii;h Councilman Sheridan who had said the best way was to rela�c the polic,y at the 3.2 places of buSineas and allow 6hem Lo h�ve deputies� tl�at it was belaeved the County could depu- tize i,ltese places and ttie o�mers are anxioue to pay the price and t,lu. (b uuL-y does �ay they don't want to supercede any policy. M�;or 1i��e as�erted his only feeling wes that he had to ai�n �'or Lho,c� ana }�e did not lilce to have to be sdlely responsible for them ar�d Qid que�tion Ll�e authority given free. ile explained ' t,h�L at the pre�en{, time {,he City was authorized to charge for thl� fee up to �'>300.00, C'ouncilman Johanson replied he didn't k.hink �he�e pleces made that much money. Rlayor Nee explained he d�d no+, ]ilce to have to si�n for 1.hese without some sutho�aty from th� Cii,,y Council� tkiat when he did so he certified� in effect�� these places f�re bein� properl,y operated and ii, has no reference to any- th�n� definite and would rather the Ctity have the control. Cit,y Flttorney Smith explained to the City Council the fees set forthr• in sect9on 84.03 were borrowed from the Qitiy of Coon Rapids. Mayor Pdee inquYred aside from the fees if there were anything ob- jeci,LOnable about the ordinance. Councilman Johanaon replied that oLher th�n the fee tl�ere was nothing much but the owners of L-he,e p]aces were being licensed and were paying a fee. Mr. Bill Weiee� owner of Sandeea Cafe, was preeent and etated tbat, apparently� everyone was under the impres�ion thie type of business were makin� money and the City Council was juet daubling up on fees and licenees� thet there was no guaranty faetories and other places of busineea who paid no license fees were operating correctly, Mayor Nee replied there was no age lig�it on 1lceneea and thie ordin- ance related to other parte of the liquor induetry and inquired if theae were bnrdeneome. Mr, Weisa replied they were not necesearily. Councilman Johanson stated that everything in the ordinance wae a repetition of the exieting code now in operation and the only item in question wae the Pee. Mayor Nee replied that at the presetit time he did not know what ordinance wae enPorced. The City Meaager explained it was the State Law by reference, Meyor Nee'svggeated the ordinance be tabled to the next meeting or accept the first resding and figure_the adjuatments, Councilman Wright etated he waa ready on the firet rea�ing with minor changes and that� perbapa� if they were going to have just a nominal fee they might need to change the ordinance to ehow that the minim� fee $hould be paid if they alresdy have e j,2 beer lieenae and it covld be 8 combination of reducing it becauee they are already paying Yor beer, ' 45 Motion by Wright to accept the first reading of an ordinance re- lating to the consumption of intoxicating liquora in public placee and providing licensea therefore� incorporat3ng Minneeota Statutea Chapter 3h0 and providing penaltiee for violatin� with the feea to be determined. Seconded by Johanson. Upon a voice vote� there being no nays� the motion carried unanimously. CONSIDERATION OF INCREASE 7N PRICES - LIQUDR STORE: Motion by Johaneon to receive the communication from Robert L, Mc- Guire� Liquor Store Adminietrator, and approve his recommendation regarding an increase in price at Shorewood Lounge in the Lounge. Seconded by Kirkham. Upon a voice vote, there b�ing no nays, the motion carried unanimously, CONSIDERATION OF SIGN PURCHASE - LIQUOR STORE #4: Mr. Robert L. MeCuire, Liquor Store Adm�nistrator� was present to exp]ain the proposed sign to the City�;0ouncil from the Sunset uign Company. Councilman Wright inquired if thissign would be viaible from both directions. Mr. McGuire replied the sign had to be on the canopy according to Holly Center regulations and probably could not be seen from both directions. The City Manager explained to the City Council Mr. McGuire had esked other sign companies to bid but none had. Motion by ,7ohanson to authorize Mr. MeGuire� the Liquor Store Administra- tdr, to negotiate for a sign for Liquor Store �lF from the Sunset Sign Service. Seconded by Wright. Upon a voice vote, there being no nays, the motion carried unanimously. APPOINTMGNT: Mayor Nee announced for Council conaideration an appointment. Motion by Johanson to approve the following appointment: NAME POSITION SALAF2Y REPT,ACPS Betty Jeanne Okerstrom Accounting $273.00 Jane 6720 Jackson Street N. E, Clerk I per Jarvinen Fridley, Minneaota 55432 Month Seconded b,y Wright. Upon a voice vote� there being no naysy the motion carried unanimously. CONSIDERATION OF PAYMENT FOR PARK PROPERTY: Mayor Nee announced the consideration of the payment of park property to the William Flanery Estate. Motion by Johanson to authorize the payment ot' $5,551.28 to the W311iam Flanery Estate for the final purchase of Flanery Park. Seconded by Kirkham. Upon a voice vote, there being no nays� the motion carried unanimously. FIRE DBPARTMENT PAYROLL - 12�26�F3 - 6�20�64. Mayor Nee announced for Council coneideration the Fire Aepartment Payroll. Motion by ,Tohanson to approve payment of the Fire Depart- ment Payroll in the total amount ot' $9,�+25.50. Seconded by Wri�ht. Upon a voice vote� there being no nays� the motion carried unani- mously. [� b i� DITCH REALIGNMENT EASEMENT - IRONTON STREET: Mayor Nee announced the consideration of a ditch realignment ease- ment on Ironton Street. The City Manager explained to the City Cauncil the exieting lot S.ine and present easement in the area and stated they wished an easement to.relocate a route for purposes of road construction� that the owner would allow them to have one easement if the city aseures the coat of $20.00 for the vacetion cost and provide the owner� Mrs. Chouinard� with a replat which will cost about $180.00. Motion by Wright to authorize the acquiring of the easement on Irontan Street under the conditione outlined in Memo No. 64-48 including the agreement on vacation cost and replating. Seconded by Kirkham. Upon a voice vote� there being no nays� the motion carried unanimously. BID AWARb - MSA 302 1�Nn rrsa 315: xESOLUTZOrr #137 - 1964: Mayor Nee announced for Counc3l coneideration a resolution awarding a bid on Minnesota State Aid 3mprovement Projecte 27-302-01 and 27-315-oi. The City Msnager read the named resolution. Motion�by Wrlght to aaopt xESOLU'riotv �i37-1964 awarding the bid on Minnesota Sts.te Aid Improvement Projects 27-302-01 and 27-315-01 to C. S. McCrosssn� Inc. Seconded by JoYianeon, Upon a voice vote, there being no nays� the motion carried unanimously. xESOLV'rlorr #138 - 1964 xE: LoCt� PARK SHELTER: Mayor Nee announced a resolution concernin� the Locke Park Shelter for Council approval. Motion by Wright to adopt Resolution #138-i964 to the Douglas Chapel Affiliation regarding the LBcke Park Shelter and their contribution to the City Of.Fridley. Seconded by Kirkham. Upon a voice vote� there being no nays, the motion carried unanimously. RESOLi1TI0N ��39-1964 TRANSFERRING FUNDS: Mayor Nee announced the consideration of a resolution transferring certain funds for Council approval. Motion by Johanson to adopt Resolution #139-196k �ransferring certain funds. Seconded by Wright. Upon a voice vote, there being no nays� the motion carried unanimously. RESOLUTTON #140 -1964 DIRECTING ISSUANCE OF 'PENIPORARY BpNDS - SW �66: Mayor Nee announced for Council cone3deration a reeolution direct- ing the iseuance of temporary bonde. Motion by Johanson to adopt Resolution #1�0 - 1964 directing the 3sauance of Temporary Bonds� Water and Sanitary Sewer Project No. 66. Seconded by Wright. Upon a voice vote� there being no nays� the motion carried unanimously. RESOLVPION �141 - SW . 364 DIRECTING SALE AND YURCHASE OR TEMPORARY BOND6 - Mayor Nee announced for Council consideration a resolution direct- 3ng the sale and purchase of' temporary bonde. �� Motlon b,y Kirkham to adapt Resolution $i4i-1964 directing the sale and purchase of temporary improvement bonds in accordance wii,h Laws of 1957� Chapter 3b5. Seconded by Johanson. Upon a voice vote� there being no nays� the motion carried unanimously. RESOLifPIONS #142 - 1964 AND #144 - 1964 DIR�CTING SPI,ITTING ASSESS- Mayor Nee announced �wo resolutions directing the eplitting of certain sesessmente. Motion by Kirkham to adopt Resolution �142 - i964 suthorizing and directing the eplitting of apecial assessments on Lote 1� 2� �, 4, 5, 6 and No. 35' of 7, Block L, Carlson's Su�ait Manor Annex. Seconded by Wright. Upon a voice vote, there being no nays, the mol,ion carried unanimovely. Motion by Kirkham to adopt Resolution #i43-1964 authorizing and directing the splitting of special assessmente on Lots 23� 24� 25, 26 and 27 (Parcel 3150) Block i5, Fridley Park. Seconded by Wright. Upon a voice vote� there being no naye� the motion carried unanimously. OTf�R BUSINESS: The City Manager explained to the City Council they had previously discusaed an emergency ordinance on the drift well and this could be passed if they eo wiehed. Mayor Nee etated� at thie point� the amounts and pricea should be brought into the minutea. Mr. Ice Comstock� consulting engineer� etated they had received two informal quotations for the pex�manent piping instsllation to connect Well #6 to the exieting Pe�der line between the park propetty and the school property� Fridley Co�nona; that one quotation had been from Randall Brothera-in the approximate amount o� $2,499 and the other from MeCurthy Well Company who were the contractore On the drift we�l 3n the approximate amount aF $5�320. Mayor Nee inquired if this were the permanent connection and was told this we,s correct and these are the only txo companies that have the proper equip- ment for under presaure tapping on each line. Mr. Comstock ex- plained they also had a quotation f'rom McCarthy Well Company con- cernin� the installation and removal from Well � oi the pt�ping equipment eet-up ahich would deliver between 1200 and 1600 g�llone per mitiute and for thie permanent connection into the Fridley Water Syetem it would be at a price of ,$1�489,00 plue $12.50 per day rental charge Yor a gas engine drive unit or $10.00 for an electric driv2 unit; �het the figure of $1,489.00 also includea the firet 15 daye of operation and the other chargee atart on the 16th day, He further explained the engineere had agreed the gas engine should be the engine used� that they had not reoeived a firm co�nitment from Northern States Power��Company to feed thie end of the syetem and they could uae the electPic driven motor for this inetallation but it would neceseitate the removal from the system of one of the present welle and this wae the baeie for the recoimnendation of the gas engine drive. Mayor Nee inquired if these would be the only prices relevant to this emergency ordinance. The City Manager inquired if they wiahed the additional costa included in this ordinance or if they wished theee on a separate motion. City Attomey Smith replied they could be ineluded in the ordinance. Mr. Cometock explained for purposes of determining the cost per 1000 gallone over the next 90 day period they had also added to the coet operation and maintenence and cost oi.Puel estimate at 10 cents per 1000 ga.11ona and asauming they would operate it ten houre a day st 1000 ga]lone per minute every day of the 90 day period they would have produced 5�+ million gallona and if the inatallation was run more than ten houra per day it would be leea. 4� It was fUrther esplained that� conversely, at leae then ten houre per day the coat would be more and thia would be higher than the current cost. Mayor Nee informed the City Council� if they eo wished, they could have a motion for an emergency ordinance, Councilmen Wright inquired if the 8rift we�l had benefited ae yet and was told it had not, Mr. Comstock explained as it was set up it could be a6sndonned after the firet change of pumping� thet the contractor had ordered the permanent screen on his own behalf with the under- standing he would abeorb the cost but that thie day it had produced 600 gallona per minutee� sand free, that it wae still very dirty and atarted out with a yield of 50 gallons per minutes and near the end oP the test it wae up around E30 gallone. Mr. Comstock aseerted there was still some queation about it. Councilman Wright stated he wae calling Council attention to the fact they were spend- ing money on something they were not sure of. Mr. Cometock stated the teats ehould be completed before the end of the week and if thie were inetitm�ed the delay involved would be about ten days unless the contractor could locate the valve at Decatur� Iowa� that nD WPrk could co�ence on this until the firet of the iollowing week but the valve should be ordered and the only cost to theCity would be the freight on the valve. Motion by Wright to adopt Emergency Ordinance �281 and direct the City Attorney and City Manager to prepare same to cover the matters £eferred to on theDrift Well by the consulting engineer. Seconded by Johanson. Upon a voice vote� there being no nays� the motion carried unanimously. The City Manager explained to theCity Council on theCChange Order for thei�Fridley Fire Station there rras ineulation needed between the bloaks and the overhang and the amount for thia was $218.75 and it ehould be done on a Change Order. Motion by Wright to approve the ChangerOrder #2 for the Fridley Fire Station in the amount of $218.75 relative to inaulation for the overhang. Seconded by Johanson. Upon a voice vote, there being no naysy the motion carried unanimously. The City Manager inquired if any oi theCouncil membere had received complaints regarding the "No Parking " signa on old Central Avenue near the beach� t�hat I�e had f��t to alleviate the complainta.if they changed the hours on the signa to noon to 9 p.m. it would solve the problem. Councilmen Wright inquired if theCity Manager could� without council action� put up signs acroae Rice Creek in the boy scout area. It was so agreed. Councilman Jok�aneon inquired �6f conatruction could Ue held up on Srookview Drive until a week from thia meeting� that at the public hearing on the srea they had aseured residents they would take care of the sewer problem and Mr. Lindbloom wished to build and the sewer. problem wesh't aettled. City Engineer Qureshi replied if they were talking about the Miller Funeral Home area� it would be taken care of. Covncilman Johanson explained the area involved and etated Mr. Lindbloom had said he was not at the public hearing held be- cause he wasn't concerned putting in the sewer but he nbw wished to build on Brookview Drive.and had given a 15 Poot eaeement on the back•of hie property. City Engineer Qureshi replied he could hold up conetruction for a few days. The City Manager explained ]he had talked with Mr. Lindbloom and he was to come in and check the item out� that the area hed been checked and Mr. Cheaney, Superintendent of Public Work�� had said there was no problem with the line and that it could be put alongside the road to serve the lota in question. City Engineer Qureahi exp].ained this,would de- pend on the funeral home and it would serve 6f3th Avenue and Mr. Lindbloom might be able to put services in the boulevard. ADJOURN: There heing no flarther businees, Mayor Nee declared the Regular Meeting of July 7, 1964 adjourned. 49 Respectfully submitted� l. ue . s cow c� 5ecretary to the Council �/�^^"' v `1�� William J. Nee � Mayor REGUI�AR COUNCIL MEETING - JULY 13� 1964 A regular meeting of theCouncil of the�'City�6f Fric}ley was called to order by Mayor Nee at 8:06 P.M. ROLL CALL: Members Present: Nee� Kirkham� Sheridan� Wright Members Absent; .7ohanaon NEW BUSINESS: PLANNING COMMISSION MEETING, JULY 8, i964: Mayor Nee announced for Council consideration the minntea oP the Planning Commieaion held July 8� 1964. REVICW OF BOARD OF APPEALS RECOMMENDATION RE 0 The City Manager explained to theCity Council thls was a review by the Plannin� Commieaion of the Board of Appeals action and read their reco�endation to trieCity Council appxoving �he'per- mit with the stipuletion of of£ etreet parking far two extra cara and changing of the front entry of the 6uilding. It wae explained further by the City Manager i� appeared the City Council would need to hold a publ3c hearing by inference. City Attorney S�ith inquired why there was a need for a Special Use Permit and wea told it wae required because of the code. City Attorney Smith inquired if there were oppoaition at the hearing of the Planning Commisaion. The City Menager replied they actuelly.didn't hold a public hearing� the Board of Appeals had. Councilman Wright etated that, actually� at both meetinga there was not a full vote. The City Manager suggested if the City Attorney agreed� the City Council ehould hold a public hearing on the named item. City Attorney Smith seserted he was not ruling that a public hear- ing was mandatory but if ther� r�ere probleme this might indicate the necessity for having a pub],ic hearing. The City Attorney read fram the ordinance which pertained to the need for the City Council having a public hearing. Councilman Sheridan atated that at the time the ordinance was adopted� one o?' the tm�nga diacussed by the Council was the use of Special Use Permite in areas where theae were not permitted and were the aame as a re-