07/20/1964 - 00022657J�
Sheridan atated thie gave the City Council an indication as to the
amount of escrow money on depoeit. The Finance Director replied
they had $26�187.00 that �ae to be applied to apecific lots in
eacrow money.
Motion by Kirkham to close the public hearing on Storm Sewer Improvement
Projec� #5A. Seconded by Sheridan. Councilman Wright inquired if
everyone were clear the motion was mede to close the hearing. Upon
a voice vote, there being no nays� the motion carried unenimously.
RESOLUTION #144-196�F ORDERING IMPROVEMENT - SS #5B:
Motion by Sheridan to adopt Resolution #144-1964 ordering improvement
and final plane and apecificationa and estimatee of coste thereof;
Storm Sewer Improvement Project - SS 5B (North of Highway No. 100 and
East of Univereity Avenue). Seconded by Wright. Upon a roll call
vote, those voting in favor oP the rsolution, Nee, Sheridan� Wright,
Kirkham. Those epposed, none. The motion carried unanimously.
ADJOURN:
There being no Purther businese� Mayor Nee declared the Special Council
Meeting of July 15� 1964 adjourned.
Respectfully submitted�
� ���v� `�" �"�
ue MiskoHic William J. Nee
Secretary to the Council Mayor
RECUI,AR COUNCIL MEETING -.TULY 20� i964
A regular meeting of the Council of the City of Fridley was called
to order by Mayor Nee at �:10 P.M.
ROLL CALL:
Members Preeent: Nee, Sheridan, Kirkham, Wright arrived at 8:15 P.M.
Members Absent: Johanson
APPROVAL OF MINUTES - REGULAR MEETING, JULY 7, 1964:
Motion by Kirkham to approve the minutes of the Regular Meeting of
July 7, 1964 as prepared and received. Seconded by Sheridan. Upon
a voice vote� there being no nays� the motion carried unanimously.
APPROYAL OF M2NU'i�5 - SPFCIAL REGULAR MEETING, SULY 13, i964:
f���
Motion by Sheridan to approve the minutes of the Speciel Regular
Meeting of July 13� 1964 as prepared and received. Seconded by
Sheridan. Upon a voice vote, there being no nays� the motion carried
unanimously.
APPROVAL OF MiNiJTES - BOARD OF EQUALIZATION, JULY lk, 1964:
Motion hy Sheridan to approve the minutes oY the Bosrd of Equalization
Meeting of July 14, 19b4 as prepared and received. Seconded by
Kirkham. Upon a voice vote, there being no nays� the motion carrded
u5n9,nimously.
APPROVAL OF MIN[TPES - SPECIAL MEETING� JULY 15� 1964:
The City M�;nager requested tkiet the figure "$168.00" be changed
to "$180.00" in the aecond paragraph oP page 45� line 4, s1so;
that the date "July 18" be changed to read "July 15" on page
46 under the adjournment in the July 15, 1964 minutes.
Motion by Kirkham to approve the minutes of the Special Meeting
of July 15� 1964 as prepared� corrected and received. Seconded by
Sheridan. �Upon a voice vote� there being no nays� the moti,on
carried unanimously.
PUBLTC HEARINGS:
PUBLIC HEARING - FINAL PLAT - LOT 8, AUDITORS SUB➢IVISION N0. 22,
COCHRAN:
htayor Nee announced a public hearing on the final plat submitted hy
Mr. Leonard Cochran,on Lat 8, Auditor's Subdiviaion #22. The City
Manager read the Notice of Hearing and located �he area on the map
for mambers of the City Covncil at the requeet of Meyor Nee. City
Engineer Qureshi presented a p].at of the area. Mayor Nee explained
ior those presed this plat was located off Stinson Boulevard and
South of Rice Creek Road and inquired if there were anyone present
who wiehed to be heard concerning this plat. Mr. Leonard Cochran
wae present in favor of the plat and discuesed the area with City
�ngineer Qureskti and members of theCouncil regarding drainage�
streets� etc. Mayor Nee inquired if there were anyone else present
�ho wiahed to be heard. There was no one present opposed to the
final plat of Lot 8� Auditor's Subdivision No. 22. Mayor Nee
declared the public hearing on the final plat of Lqt S� Auditor's
Subdivision No. 22 closed.
Motion by Wright to approve the final plat of Lot S, Auditor's
Subdivision No. 22 and authorize the Mayor a�d City Manager to
sign eame. Seconded by Sheridan. Upon a voice vote, there being
no nays� the motion carried unanimously.
OLD SUSINESS:
SECOND READING OF ORDINANCE �'276 - ANIMAL CONTROL ORDINANCE:
Mayor Nee announced the second reading of an Animal Control Ordinance
and inquired if there were anyone present who wiahed to hear the
ordinence read oY� ff anyone present had a particular queation
regarding it. The City Manager explained to the City Council the
impaunding and boarding fees were the only two iteme which had
been changed.
Motion by Kirkham to accept as second reading� adopt and publish
Ordinance #276 which is an ordinance controlling dogs within the
C3ty of Fridley requiring confinement� a compuleory eyetem of
registration� the establishment of an Animal Control Officer
providing for the impoundment of doge, requiring the vaccination
6�
againat rabiea; and amending various portions of Chapter 61 of the
City Code of Fridley and providing for control of animal nuieancee.
Seconded by Wright. Upon s voice vote, there being no nays , the
motion carried unanimously. Mayor Nee announced this ordinance
required that doga over six months oY age would have to be licenaed
in the future,
SECOPID READING OF ORDINANCE �277 REZONING R-1 TO C-1 - MEADOWMOOR
TERRAG'E :
Mayor Nee announced the aecond reading of an ordinance rezoning an
area from R-1 to C-1 in Meadowmoor Terrace and explained the area
in question was located at old Central Avenue and Oaborne Road and
had been reco�edded by the Planning Commiseion director, Mr. Glen
Wallace and the Planning Commiaei�n and had had a public hearing.
The City Manager gave the secocd reading of said ordinance.
Motion by Wright to accept as second reading, adopt and publish
Ordinance #2'j7 Which is an ordinance to amend the City Code of the
City of Fridley, Minneaota by meking a change in zoning d3stricte
in Meadowmoor Terrace. Seconded by Klrkham. Upon a aoll call vote,
those votin� aye� Nee� Kirkham, Sheridan� Wright. Those voting
nay� none. The motion carried unanimously.
SECOND READ�PIG OF OR.DINANCE #278 VACATING EASEMENT - GUNDER SON,
TFRRACE:
Mayar Nee announced the second reading oS an ordinance vacating an
easement in Gunderson Terrace. The City Manager gave the second
reading of the propoaed ordinance.
Motionby Kirkham to eccept ae second reading� adopt and publiah Ordinance
#278 which is an ordinance under Section 12.07 of the City Charter to
vacate e utility and drainage eaeement in Gundereon Terrace. Second-
ed by Wri�ht. Upon a voice vote, there being no nays, the motion
carried unanimously.
S�COND READIPIG OF ORDINANCE �279 VACATING ALLEY - BLOCKS 2& 3, OAK
GROVE:
Mayor Nee announced the second reading of an ardinance vaca�ting an alley
in Slocka 2 and 3� Oak Grove Addition. The City Manager gave the second
reading of �he proposed ordinance.
Motion by Wright to adopt as second reading� adopt and publiah Ordinance
#279 which 1s m ordinance under Section 12.07 of the City Charter
to vacate streete and alleys.snd to amend Appendix C of the City
Code in Blocks 2 and 3 of Oak Grove Addition. Seconded by Kirkham.
Upon a voice vote� there being no nays� the motion carried unanimouely.
SECOND READING OF ORDINANCE �280 CREATING CHAPTER 8� - LIQUORS:
Mayor Nee announced the second reading of an ordinance on the control
of liquor and requested an expreaeion from the City Council if they
wished to puraue thie ordinance. Councilman Sheridan replied there
were some people present who wished to address the City Council. Mr.
Robert Chrietenson was present repreaenting the Fridley Chamber of
Commerce and explained the City Council had been presented a reaolution
from the Chamber regarding liquor control which he read and explained
the ordinance had been reviewed at the last meeting of the Chamber
of Commerce and that under Chapter EI4.01, paragraph e on bottle
clubs which said "any unincorporated society shall have for more
than a year leased space" was a matter o£ concern to the membera.
�� Li
He further explaine� there was concern about the phraee "for more than
a year" as to the poselble adverse effect it might have in bringing
new businese into Fridley which might have to atart out without
liquor and remain as a bottle club untf,l such time sa the city went
to on-sale liquor. He stated the Knights of Columbus had expressed
a desire to move to Fridley and it would slso prevent them from doing
business� aleo� that the Fridley Chamber of Commerce� as a whale�
was fauenably incld�ned for on sale liquor ior the City of Fridley
and were looking iorward to when they would have on sale in the Cii.y
of F'ridley. Mr. Christeneon etated the 6hamber oi Commerce
wished the City Council to review this ordinance carefully before
any action was taken on it. Councilman Wright replied that as he
reed the ordinance a place could open as a phblic drinking place
with fees to be set without waitin� a year eo it would not be a de-
terrent to the openin� o� an eetablishment. Mr. Christenaon stated
he was referring to set upiplaces rather than bottle clubs. Msyor
Nee asaerted there would be nothing wrong with deletin� the section
e in any.effect which related to bottle club. The City Manager
explained section e was from a State Law and the way it was defined.
C3ty Attorney Smith stated the section would have to be checked
legally.
Mr. Christenaon etated that uniortunately the City of Fridley wae not
a member of the Chsmher of Co�erce with the exception of Councilman
Kirkham being an individual member and so they were unable to
communicate but they were looking forward to what would be hest for
the City of Fridley and all the Chamber of Commeree wae asking wae
for the City Council to review this ordinance carefully. Mayor
Nee atated he felt there wae nothing in the ordinance against any
private club. Councilman Kirkham easerted in the event there were
any conflict, this ordinance could be amended. Councilman Wright
inquired of Mr. Chrietenaon if he thought the distinetion of public
liquor ae well as a set up wae important to such clube. Mr.
Chrieteneon replied he could not apeak from experience but it was
difficult to eay which could be of more value to a restaurant
beginning and poseibly, to get a start the first year they would
sell private memberships and the bottle club fact had advantages
other than eet ups.
Mr. Bill Weise� owner of Sandees was present and etated his objection
was regarding the cost of the license, that at the last meeting
council members hed talked about changin� it. Mayor Nee explained
his intent in bringing this matter before the City Council wss not
to work e�h�rdaHip on the induatry but a more definitive ordinance
to work with and hia only interest was to have the ordinance spelled
out in more detail. City Attorney Smith expleined to the members
of the Council that regarding the etatutes, the langue,ge of the
ordinance wea the same. Mr. Chrieteneon replied that it gave the
impreeaion the Minnesota Statute was one thing and these are then
apparendly reierring to the same items. Mayor Nee aeserted he had
aseumed there were differences also.
Councilman Sheridan stated he had resd the minutes of the previous
meeting in this regard. Councilman Wright etated he had had
reservetions regarding fees and further stated if they could nat
agree to reduce the fee� they should exempt thoee who are holding
licenaee from paying them and hie peraonal inclination would be �o
equate the fees at $100.00. Mayor Nee asserted thet as he understood
the ordinsnce, the fee would not be due for about a yesr. Councilman
Wright replied they could perhaps set the date or month so that no
one would pay thie fee until their particular license was up a�ain
and the laet day oY June each year could be set.
The City Manager gave the second readin� of the ordinance on liquor
control. Motion by Wri�ht to aceept as eecond reading, sdopt and
publish Ordinance #280 which ie an ordinance relating to the consumFhon
of intoxicating liquors in public places and providing lieenses
therefore; incarporating Minnesote Statutee Chapter 340; and providing
penaltiea Yor v3olating with insertions under Section £��+.03, item a
to read "�200.00" and item b to read "$lOC.¢Cj";'Section 81+.06 to have
6�
entered the word "June". Mayor Nee inquired if it were Councilman
Wright's intention that theee Yees not take ef£ect until July lst
of i965 and this amendment to that effect would be in order if he so
desired. Secanded by Kirkham.
Moi,ion by Wright to amend Section 84.06 of Ordinance �2f30 to include
the lenguage "licenees for bottle clubs or public drinking place
now in effect at the tlme of paseage of thie chapter shall remain
in effect for the current fiecal year without additional fee until
the last day of June� 1965. Seconded by Sheridan. Upon a voice
vote� there being no nays� the motion carried unanimously. Mr. Weiss
inquired if no one hsd the right to epeak on the licenaes� that he
could not understand why his place of business had been singled out
for s�ch a high license� that he paid $135.0o for hie beer license
and his total licenae to the State and Federal were about $340.00.
He further etated a factory could open up and pay no fees oY any
kind. Councilman Wright replied the philosophy that he could
see was that the City in one area of co�erce are in business for
their own goo$ and this was the municipal operation and then
there were those sanetioned by State Law and the public and when you
license eomeone in competition it was reasonable that they charge more.
He further explained he delt the difference between a 3.2 or a bottle
club set up was in competition with the citizena on revenue producing
operation ���t�e City. Mr. Weiee asserted that at the laet
meeting tl�ey had said it would be a token fee and �100.00 was not a
token fee. Councilman Wright replied it was profitable enough
to remain open and attract othere. Mayor Nee Inqu3red of Mr. Weiss
if the figure of $100.00 would apply to his place of buainesa
and was told this wae correct.'Councilman Wright inquired of
Mr. Weiss if he only sald soft drinke if he thought he would have the
same business. Mr. Weiss replied that he would as his main
attraction wasr�food and the eetup Wae only an eccomodation. Councilman
Wri�ht asserted he felt these people b�yin� set upe were a eignificant
portion of hie bu�3nese. Mr. Weias repl�ed there were certain
things a pereon in bueinesa had to do to acco�odate people and the
$100.00 fee wae rather ridiculous. Councilman Wright explained the
Police Department wae much more likely to be available for Mr. Weiss'
eetablishment than others. Mr. Weise replied the Police Department
had never had to make a ca11 to hie eetabliehment. Meyor Nee
asserted he agreed with Mr. Weisa� that he had a very high regard
for his operation� hut there were eome that he did not have this
regard for but thie was not the rational for putt3ng this into the
ordinance though in eome Wa� it rePlects the fact that the cost to
the community is higher where liquor is served, Mr. Weise icqaire�
why the City Council did not close the businese they were concerned
about if they needed police care and were expensive to the co�uni�y�
that he should not be �ade to suf£er because oi others. Mayor Nee
replied the fee wae auch that it was not discriminatory� Mr. Weiss
etated he was not speaking for othera in business� he wae speaking
for himself and thie would raise his Zicensea to over $500.00 juat
to operate. Mayor Nee replies this could very we�l prove to be
too high and he would not object to reducing it. Mr. Weiss seserted
they had said it would be a token fee and a taken fee was $5.00 not
$100.00 and actually these feea were all covered in the beer license
and were �ust a repetition. Councilman Wri�ht atated they wanted
an ordtri�nre thet controlled the dietriUution oY hard liquor separately
£�am th� 3l2 iicense and it was needaito give them the poser they
felt they needed to control it and the cost was �100.00. Councilman
Sheridan stated they had conferred on these ii�ures and he had agreed
to them.
City Attorney Smith stated there were a number of placee ehere
the word "ordinance" was used and these ahould be corrected; to
"chnpter"; namelg� page 57, the last line under E; page 59� the
laet line under Section 84.07; page 59, the second line under
Section 84.10� A; page 60� Section 84.15 the laet line; page 60,
Section 84.1�� the first line� Section 84.17, the firet and
��
third line and Section 84.18 Separability Clause should be struck
out and the section for Penalty 84.19 should be made Section 8�+.18
and under the Penalty aection the word ordinance ehould be changed
to Chapter.
Motion by Wright to amend Ordinance #2f30 by changing the word "ordinance"
to "Chapter" appearing in Section 84.01� laet line under E; the last
line under Section 84.07; the second line under Section t34.10, A;
Section 84.15 the last line; Section 84.16, the Pirst line� Section
84.17, the first and third line and Section 84.1f3 Separsbility Clause
ehould be struck out and the section for Penalty b4,19 should be made
Section 84.18 and under the Penalty aection the word ordinance
should be changed to Chapter. Seconded by Kirkham, Upon a voice
vote� there being no nays� the motion carried unanimously.
Mayor Nee inqulred�oP City Attorney Smith regarding Section 84.13�
item d� tha,t there would be no reason to prove intent unless there
were a conatitutional reaeon. City Attorney Smith replied there
was no constitutional question.
Motion by Kirkham to amend Section 84.13� item d to delete the worda
"with intent to coneume same". Seconded by Sheridsn. Upon a voice
vote, there being no nays, the motion carried unanimously.
Upon a roll call vote.fbr.bhe adoption and publicatlon of
Ordinance �280 thoee voting aye� Nee, Wright� Sheridan� Kirkham.
Thoae voting nay� none. The motion carried unanimously.
LOT SPLIT REQLIEST - LOT 4 AUDITOR'S SUBDIVISION NO
,� � .
Mayor Nee announced for Council conaiderat3on a lot split request,
previously tabled� of Lot 4� Auditor's Subdivision No. 92. The
City Msnager explained to membere of the Council the only reaeon for
tabling the item was Tor a Certificate of Survey se the lot has more
footage then is neceseary ae ahown on the Survey. He fLrther
explained thie lot eplit was reco�ended by the Planning Commission
subject to the receiving of the Certificate of Survey.
Motion by Kirkham to concur with the r,ecommendation of the Planning
Comm3eeion and grant the lot eplit request on Lot 4� Audi�or's
Subdiviaion No. 92. Seconded by Wright. Upon s voice vote� there
being no naye� the motion carried unanimously.
DRASNAGE AND ASSESSMENT - MOORE LAICE HILLS (TABLED 7�7�64):
Mayor Nee announced for Council conaideration a drainage and
assessment problem in Moore Lake Hills. Councilman Sheridan explained
to the Council members there was a memo from City Engineer Qureshi
regarding this problem� that he had reviewed the lot in question with
him and it wae Yound to be below the grade of the County Highway
or old Central Avenue. He further explained that as City Engineer
Qureshi etated the lot could be buildable with fill and at such time
ae fill is required it would be the obligation of the city to com-
plete a c�3lvert from the apen culvert there now and link it to the
County Culvert so tk�et it could be used. Councilman Sheridan
suggeated this be made a part of the minutes if the City Council
wae �reesble and stated he felt there would be benefit to this
property as iar as curbing was concerned. Mayor Nee inquired
if the present thought was not to certify the area until it
wae buildable. Mr. Utter, owner of the land Was present and stated
there wea some discussion in that regard at the firet meeting this
was diecuseed because of the factit was quite low� that the assess-
ment would be held back until it became a building eite and there had
also been some discussion regarding the splitting Of the property.
It was explained by Mr. Utter that when the lote were laid out
there was no sewer and water and the property t�ad to be laid out
for drilling of wells and did not feel that because there was now
sewer and water available the city ahould say it ehould be eplit.
Councilman Sheridan stated he agreed it would take a great amaunt of
fill� about 8 to 10 feet of it but the Council had taken the view
the onl,y tning unbtaildable for asaesament purposee wae something
under water and all sewer and water assessments had been spread on an
area basis in the past, that there was not a grest deal of money
involved if the City Council chose to hold this asaesament until
such time as it wae built upon ae it ie less than �100.00. It was
explained the width of the lot ie about 85 feet and there ie a pipe
from the front of hlr. Utter'e lot running down to thia low area and
there is a culvert on old Central Avenue which is not connected.
City Engineer Qureshi explained to the Council if the lot were to be
used the two pipea would have to be conoected.
Mayor Nee inquired of Finance Director Brunsell i£ it were
possible not to certify this area until it did become split.
The Finance Director replied thie had been done in the past but
inquired if it came to a legal test if they could put the aeaeae-
ment on again. Mayor Nee seaerted it was ha�d �Eo claim it is a
building site when it isn't split. The Finance Director replied this
asseesment was not necessarily epread on the basis oP a eingle build-
in� site� that it was the 62 Street Praject and there were areas on
57th and 58th where they did assess people on the back of their lots
for purbing and paving. Mr. Utter stated he hed a neighbor who has
185 feet on old Central Avenue and he was aesessed $f31.00 for a corner
lot. Mayor Nee explained the front yard is the ahort eide b y
definition for aesessment purposes. Mr. Utter asserted if it were
one-third of the asaessment of the frontage� he would have no
complaint, Councilman Wright stated the City Attorney had said
they could execute a contract offering a conditional temporary
abatement until euch time as a certain numbe rof yeare had elspsed
or the lot made available. hir. Utter replied now that everybody
had been aseeased� he could eee where it would be difficult to
change the procedure. Mayor Nee eta�ed there was poesibly another
problem, that many people along old Central might make s case
that they aren't getting the right kind of a deal, Mr. Utter
replied he haE neighbare who had access to Old Central Avenue to
their property and could be built on� that he had to contend with the
culvert on his property. Mayor Nee asserted he feZt it would cost
the City more to abate the contract. Councild�an Sheridan explained
he did not think they ehould abate the assessment completely and if
it would be eatisfeetory to Mr. Utter it was �ithin the realm of the
legal viewpoint as fas as City Attorney Smith wae concerned, that
Mr. Utter would be agreeable to� if the land becomee a building
site� pick up the assessment. Mr. Utter stated there would be an
additional coet to the city of filling the lot. Councilman Sheridan
explained Mr. Utter was not contesting the benefit if this became
a bullding eite.
Motiont�ty Sheridan to direct the City Attorney to draw a contract
to be execi��6ed by the Mayor and City Manager and Mr. Utter that
if the lot should be split it ia creating an addit3onsl building
site and that the assessment then would be paid. Seconded by
Kirkham. Upon a voice vote, there being no nays� the motton carried
unanimouely.
NEW $iTSINESS:
BUILDING BOARD MEETING MINUTES, JULY 8
65
��
Mayor Nee announced for Conncil consideration the minutes of the
Building Board held July 8, 1964. The City Manager explained to the
City Council that both the Building Board minutes and Board oP Appeals
minutes were concerned with the same item and the could be taken
care of together if they eo wiehed.
FOR A BUILDING PERMIT BY CARL E
OF
Mayor Nee inquired ii this request encroached on any property the
City Council would be intereated in. The City Manager replied thia
was the property tY�at was offered to the City three months previous
and wae tabled, that the City Council had decided not to put any
option meney on it but it would be property that would be
i�ediately adjacent to the Oman property and back to 5th Street.
Councilman Sheridan euggeated that regarding the Building
Board and Board of Appeala minutes any action be tahled until the
firet regular meeting in Auguet.
Motion by 9heridan to table action on the application for a building
permit by Carl E. Bennett Conetruction Company for an industrial
building st 6416 - 6418 - 5th Street Northeast� Lote 7 and F3�
Block 2, Reea Addition to the meeting of Auguat 3rd. Seconded
by Wright. Upon a voice vote, there being no nays, the motion
carried unanimously. Mr. Carl E. Bennett wae present a� explained
to the City Conncil his firm had contracts tY� could be signed
immediately for the rental oP the propoeed building and if this were
delayed they would lose the tenante. Mayor Nee replied if they were
going to place the property under condemuation it was not right'�6o
put s building��on it.
COMMUNICATIONS:
EDMUND BERG: ASSESSMENTS:
Mayor Nee announced a co�unication from Mr. Edmund Berg re�arding
easeaements. The City Manager explained to the City Council
they had a memo which explained the item. Cauncilmen 5heridan replied
he had requeated that Mr. Berg write a letter fn thia regard. It
was explained by the City Manager the Finance D3rectori�hdd had time
to delve into thie matter, that on the second page of the memo they
had been preeented was a mep showin� the genersl area. He further
explained that on the Skywood Addition there was a line equivalent to
the highway right of way and thia was a line Mr. Berg was being
essessed for and there is no access to this particular giece of
property. It was explained the area ia 45 feet from Mr. Berg's
property and the Spartan property on an easement. It was stated
by the City Manager the third page oi the memo showa the way the
aseessment was apread and that Plan #1 had been used for assessment,
purposes in the amount of $740.04 to thie particular piece of proper-
ty and in view of the additional information it was auggested they
renrove the aeeessment and it ehould Ue epread aga3net Parcel 1400
which ie owned by S�artan 9tores or Gilmore� inc., upon the
reco�nendation�of the Finance Director.
Motion by Sheridan that the City Council remove the assessment frorn
Lot eleven (11)� Parcel 1500� Auditor'e Subdivision 94 owned by
Gilmore, Inc. City Attorney Smith explained they could draw ar�=
reaolution that would abate the asseesment eo far ae the line of the
taxpayor wae concerned but to put it on the Gilmore property
it would have to run through a re-asseesment procedure with a public
hearing� that the owner wante it abated as there is no henefit,
A discuasion period was held regarding assessment, property, etc.
Motion withdrawn hy Goune37.man Sheridan.
b ��
Motion b,y Sheridan that the asseeement on that part of Lot 11, Parcel
1500 in the eum of $740.04 be abated. Seconded by Wright. Upon a voice
vote, there being no nays, the motion carried unAnimouely.
CARLSON• BILLIARD CENTER LIC�NSE:
Dia�mr �ee announced a communication for Council consideration of a
request for a billiard center licenae. Mr. B. A. Cgrlson was
present and etated he was exploring the poseibility of putting in a
bill3ard cChtery�that it would be a family type af entertainment�
that he �aas not aeking for a beer licehse and merely wsnted to know
if billiard centers were legal along with pin ball machinea. He
stated he would have everything to go along with the center including
candy, ci�arettes� ete.� that he also wiehed to know if it wae poaeible
i;o have such a center with regard to curfews and regulationa. It
wae explained this type of operation wae being operated in the
Sou�hern auburbs and they were not having any problema with them
whatsoever, that his place of busineas would be carpeted, paneled�
and of good construction and merely Wanted the City Council's
reaction to thie type of recreation. Mr. Winters of Moon Plaza
Shopping Center was present and atated his firm had taken a serious
look at this corporation and from all available sources thie was eoneid-
ered ta be a new fad being promoted throughout the country and they
do run a good bueinese. kie fur�6her etated hia firm would not condone
any act�ion regarding the creating of nuisances or delinquent problema,
that Mr. Carleon was a person of high character and did come well
represented and they would appreciate the flity Council authorizing
his move into the center. Mayor Nee replied to apecifically anawer
the question, there was no provieion to authorize eUCh a center and
the quection did not need to be raised� that there was licenaing
for food and other iteme. City Attorney Smith stated there was nothing
in the code regarding pin ball machinea but there was a curfew la�r and
it covered and controlled everyone up to 14 years of age after a
certain hour. Mr. Carlson replied he had understood the curfew was
9�30 P.M, for 14 year old youthe. Mayor Nee inquired if the billiard
center would be contiguoue to Howie's. Mr. Wintera replied there would
be a four or five bay separation. Councilman Sheridan inquired what
hours such an estsbliahment would be open. Mr. Carleon replied it would
be open anywhere from noon to around midnight or whatever hours the
City Council woudd eee.f3t to set it up and explained there is a place
in Minneapolis that operates 24 houre a day and at Southtown There ie
one that operates from noon to one A.M. Councilman Kirkham inquired
if Mr. Carlson would etill be intereeted in thia center if the City
Council were not interested in the pin ball set up. Mr. Carlson re-
plied the pin ball machinee would help his revenue. The queetion wae
raieed by Councilman Wright if Mr. Carlaon planned to make this
center avallaUle on a tental basis to clubs� etc. Mr. Carlson
replied it would be hard but it could be done and there was some
talk of starting leaguea in Uilliarde in a like manner as bowling
alleys do. Mayor Nee atated that probably Mr. Carleon should go
ahead and do thie and if at some time it became a problem the City
Council would regulate it� that the 6illiard centere he had aeen were
interestin� places. The City Manager euggested Mr. Carlson might
want a few minor thinga apelled out for hie own coneideration. Council-
man Kirkham inquired what the restrictions were in other suburbe. Mr.
Carlson replied they were open 24 hours in some placea and 13 hours a
day in others. The question was raised by Councilman Kirkham if this
would be designed for Yamily entertainment and if Mr. Carlson would
endourap,e this and was told this was true. Mayor Nee stated there wae
no need to worry about the license� that there were other iteme of
the businees ta licenae. Mr. Carlson replied he had wanted the
reaction o£"�he City Council to eee if they thought eomething like this
would be an �sset to the community. Councilman Sheridan etated he had
no objection to the buainess. Mayor Nee stated that with the possible
exception of the pin ball machinee� everyone would be in favor oi a
billiard center. Mr. Carlson explained he had space for six billiard
tables and there could be more added at a later date.
��
VISITORS:
Mayor Nee inquired if there were anyone present who would like to be
heard regarding any matter not liated an the agenda.
Mr. Kenneth G. Nelson was present and stated he wished to promote an
ordinance againet street parkin� by non-residents; that on b2nd Way
between Eaet River Road and the railroad tracks they had had people
parking cars and leaving them for long periods of time� �hat he had eslled
the Police Department and they he,d told him there was no ordinance
againat non-reeident parking. Mr. Neleon stated he wished to propose
an ordinance to give the police power to tow cars away. Councilman
Kirkham replied the City Council had just paesed a new ordinance that
would cover this problem. Mr. Neleon asserted that when he had talked
to the officer he had atated he couldn't consider thie car a h�zard.
Councilman Kirkham explained the new ordinance specifically mentions
parking opposite a driveway aa illegal parking and would be in effect
almost immediately.
CLAIMS:
Motion by Wright to approve the payment of General Claime �2933 through
#3018. Seconded by Sheridan. Upon a voice vote� there being no nays,
the motion carried unanimously.
Motion by Sheridan to approve the psyment of Liquor Clad,me #6507 thraugh
#6558• Seconded by Wright. Upon a voice vote, there being no nays,
the motion carried unanimouely.
Motion by Kirkham to approve the payment of Public Utilities Claims
#3�+30 through #3449• Seconded by Sheridan. Upon a voice vote,
there being no naye� the motion carried unanimously.
LICENSES:
Mayor Nee announced the licenses to be considered for Council action.
The City Manager explained tb the City Council the F3nance Director
had a queation regarding �hei�pplicetion for a ganeral contractor's
license 6y D. L. Anderson. The Finance Director atated they had
hed complainte from the people in Don's 2nd Addition regarding ther=
fact Mr. Anderaon had not paid any of the sasessments and he wes not
certain under the ordinance if he was required to� that they had not
had a clear answer on this question. The City Manager auggested
thia licenee be laid over to the next regular meeting on August 3rd
and he would get an opinion from the City Attorney ae it might have
some effect. Councilman Sheridan inqnired iY thie had not been a private
contract with the home buyera. The Finance D�rector replied he did
not know iY thie was something they should or shouldn't be concerned
with or not but the people had complained and Mr. Anderson had not
r�newed hie licenae because he hadn't done any bueineas since the first
oi May.
Motion by Wright to approve the iaeuence of the following licenses with
the exception oi the license of D. L. Anderson� buildeF and that thie
license be continued to the meeting of Auguat 3rd, i964f
EXCAVATORS
Kad7.@c Excavating
724 Main Street N. W.
Anoka, Minnesota by: Don Kadlec PILW
•�
GAS SPRVICES
Dixon Plumbing & Heating
136o xighway �8
New Bri�hton� Minneaota
Sassco, Inc.
475-f3th Avenue N. W.
New Brighton� Minnesota
�
GENERAL CON'PfiAC�POR
Matzka Designs, Inc.
131 26 wayzata Blvd.
Minneapolis� Minneaota 55426
Pemtom� Inc.
IIighway 13, R.R. #4
Savage� Minnesota
Swanstrom Co. Inc.
1350 Skywood I.ane N. E.
Fridley 21, Minnesota
HCATING
Dixon Plumbing & Heating
136o Highway �8
New Bri�hton, Minnesota
Sgssco� Inc.
475-Sth Avenue N. W.
New Brighton� Minnesota
PLUMBING
Dixon Plumbing & Heating
136o Hi�nway #8
New Brighton, Minneeota
Swanson & Schiager Plwnbing Co.
7115-16th Avenue South
Minneapolis� Minnesota
0'Pf�R LICENSES;
SCAVFNGER LICENSE
by: George Dixon
by: Elaine P. Jensen
RENEWAL
RENEWAL
by: Richard L. Matzke NEW
by: Clyde E. Pemble NEW
hy: George Mewhorter RENEWAL
hy: George Dixon RENEWAL
by: Ela�ne P. Jenaen RENEWAL
by: George Dixon
by: Gordon S�ranson
RENEWAL
RENEWAL
Francis Fogerty dba: Gilberteon Sanitation RENEWAL
9015 Radiseon Road 9015 Radisaon Road
Minneapolis 32, Minnesota Minneapolie 32� Minneaota
Seconded by Sheridan. Upon a voice vote� there being no nays� the motion
carried unanimously.
PE'i'ITIONu :
Mayor Nee announced for Council consideration the receipt of pet3tions
for Council coneideration. The City Manager stated they had received
another petition for sewer and water aervices from Couth�y Road H
residents, that it contained 90� of the owners but not the property
and M& 0 Paper Company property ie iridluded and they would not aign
the petition but vould nat oppoee it. Mr. Robert Determan was
present and stated he had talked to Mr. Harrington of the M& 0 Paper
Company and he had eAid they would not eignctHe petition becauee they
had no reason to. He further explained there was only one other pereon
who had not eigned the petition and he had said he would sign the
petition but was on vucation and other than that all residents had aigned,
1�
Mayor Nee explained it would be useful to have thie person s�gc� the
petition as it would make their poeition with the M& 0 8aper Company
stronger. Mr. Determan explained they needed the service because some
of the wells were getting low and the person �ho had not signed was
not a reaident but owned a large tract of land.
Councilman Sheridan inquired regarding the reaeon for Petition #25-
196b, The City Manager replied this matter was being held in
abeyance by the Planning Commiesion pending a report from the Planning
Conaultsnt� Mr. Wallace.
Motion by Sheridan to receive Petitions #25-1964, �'d6r�.961F aha �28-1964.
Seconded by Wright. Upon a voice vote, there being no nays, the motion
carried unanimously.
CxANGE oRDER #1 - Sw #67 AND ss #68:
Mayor Nee announced the consideration of a change order for Council
approval regarding Sewer and Water Improvement Project No. 67 and
Storm Se�er Improvement Project No. 68, The City Manager explained
to the City Council that� actually� there was a base bid 3n which the
Smith and Lovelesa ejector etation was euppoeed to be bid by the con-
tractor and on the alternate they could bid anything they wanted to�
that Smith and loveless had been the particular type the City had and
wanted the eame equipment and the eontractor had 6id the Tex-Vit
station and the Smith and Loveless men had offered their station for
the same price as the Tex-Vit adtat3on at $978.00 leas, The City
Menager iiirther explained they wanted to be certein if they
permit�ad the contractor to put in the Smith Lovelese station that the
city would save the $978.00, that over the phone they had been unable
to talk to the owner but the aecond in commend had said the City
would derive the benefit of the $978.00. It wae auggested by the City
Manager the City Council suthorize the Gity Manager to obtein something
in writing that they would get a$978.00 meducd�ion and get the SMith
& Loveleas equipment and if they were unable to obtain this in writing
it would be returned to the floor on July 27th as they wanted to
make the agreement in writing and the eqaipment hsd to be ordered.
Motion by Sheridan to authorize the City Manager to negotiate with th
Hurley Conetruction Company for a reduction of $9�I$.00 for the instal-
lation b8.a Smith & Lovelese Lift Station. Seconded by Wright.
Upon a voice vote� there beinggno nays, the motion esrried unanimously.
Mayor Nee explained for these present this was for a sewage pump.
CHANGE ORDER #1 - W-34R:
consideration �
Mayor Nee announced �he^a change order for Water Improvement 34-R.
The City Manager explained to the City Council this change order was
to practically cease and desist work on the wells and authorize the
expenditure of appro�t3mately $4g0.00 after the dry spell. City
Engineer Qureehi stated the baeic idea was that thie ie the high
demand period and if they could uee all four wells� they could pump
more water sndit had been felt they could use their own water and hold
it down for a couple of monthe, that they would be spendipg about
$450.00 more thatr if they went ahead ss they were presently doing.
He further explained the balance of the money referred to was for the
repair of the equipment,
Motion by Sheridan to approve and authorize Change Order Number One
an Water Improvement #34-�. Seconded by Kirkham. Upon a voice vote,
there being no nays� the motion carried unanimously.
r. � �TS��T�
7 �,
Mayor Nee announced the consideration of a resolution authorizing the
issuance of temporary bonde and stated the City Council had rec�fved
a memo in thie regard.
Motian by Sheridan to adopt Resolution �1k5-196�{ directing the iasuance
of Temporary Improvement Bonds on Accordance with Laws of 1957� Chapter
385 �n Starm Sewer Project No. 5. Seconded by Kirkham. ilpon a voice
vote, those Voting in �avor, Ne� Ifirkham, Wright, Sheridan. Those
opposed� none. The motion carried unanimously.
• u r�•�• :• �
Mayor Nee announced the consideration of a resolution authorizing the
sale and purchase of Temporary Bonds.
Motion by Kirkham to adopt Resolution #146-1964 directing the sale and
purchase of Temporary Improvement Bond in accordance with Laws of
1947� Chapt,er 385 on Storm Sewer Improvement Broject No. 5. Seconded
by Wright. Upon a voice votery there being no nays� the motion
carried unanimously.
Cauncilman Kirkham stated that as thie appointment was not a specified
job and the person came from Anoks he wiehed to know if an efSort
had been made to hire someone from Fridley. The City Manager explained
the person being replaced had taken a better poeition and the replace-
ment had been in order.
Mation by Kirkham to concur with the recotmnendation of the City
Mansger and approve the following appointment:
NAME
Marguerite Ann Zie�ler
Route S
Anoka� Mingeeota
POSITION SALARY REFLACES
Clerk-Typiet $262.00 Betty Jean
per month Okerstrom
Seconded by Wright. Upon-a voice vote� there being no nays� the
motion carried unanimously.
OF AMENDMENT TO SECTION �F`,
2) - FUNERAL HOMES
Mayor Nee announced the cofl�ideration of an amendment for funeral homes.
The City Manager read the proposed ordE��iance and explained to the City
Council thie would be the ftrst reading of the ordinance on this
matter. Councilman Wright stated he wished to taRe-th0>>op�6i�tunity
to inform the City Council he had opposed thia ordinance but after
due consideration and with the majority of the opinions preaented, he
would chan�e his vote, Mrs, Ma�y Shriner of 6851 Oakley Street was
present to inquire why this was being included in an R-1 district
and whether ar not this uas merely a way of spot zoning. Mayor Nee
replied that one of the principal arguments was that the Council
could put more aetringent conditiona on the property then just normal
zoning and an appropri�'e��use of the land� that it was an �lternative
to the rezoning of the land ae it woucldLhave gone to an R-3 to be
accomplished and it could have been developed as anything. City
Attorney Smith explsined if the City Council rezoned it to �t-3 to
allow this particular lot for thet purpose, they would have
th3s land as R-3 and could then do many things w3th it and 3t might
not be limited to this particular uae. Mrs. Shriner inquired if this
land wae zoned R-3 and was told it was zoned R-1 and all this does
is add to the list of things in R-1 zoning and adds it only by a
Special Use Permit and givea the City Council control of it. Mayor
Nee aseerted it would be difficult to defend inatancee on maintaining
this pertieular piece of property as R-1 on the highway. Mrs.
Shriner explained it juat seemed that rezoning in this particular
instance would be better than chsnging the ordinance. Council-
man Sheridan explained if t,his lsnd should he rezoned
1�
to R-3 the City Council would have no control as to the use of' the
Property and it could be poaeible if it were rezoned that the pro-
perty would be more valuable for a large apartment building and
with e Special Use Pexm3t, the City Council esn control it, that he
peraonally felt thie was better than rezoning to protect the residents
within the area. Mayor Nee asaerted this had been the reason for the
direction the C3ty Council had taken on the matter.
Motion by Sheridsn to accept as first read3n� an ordinanca Lo amend
Section 45.19 of the City Code to allow funeral homee and mortuaries
in an R-1 District by a Use Permit. Seconded by Kirkham. Upon a
roll ca11 vote� those votin� aye, Nee, Sheridan, Kirkham, Wright.
Those voting nay� none. The motion carried unanimously.
OTHER BUSII�SS:
Councilman Kirkham stated the previoue day the Police car had gone
arovnd the different neighborhoo@a with the annovncement for no
sprinklin� and while they were driving around they psid no attention
to people on the wrong side of the street that were eprinkling and were
not enforcing the sprinkling ban and that, perhape� iP this were
enforced there would not be any ahortage oY Water, The City Manager
explained the police car was followed around and 3n many inetances
the ppr�.nklers were turned off until after the pollce car went by and
then they were turned back on, that they had just prepared a letter
for the residente in this regard and the rule had no1, been violated
too badly and the letter would poeaibly take care of the matter.
Councilman Wright etated he had also had a nwnber of complain�s on
the aame matter and felt the general ban would not be necessary if the
other were enforced. The City Manager replied that at certain times
it wo�uld be necessary according to what he had been informed.
Councilman Kirkham atated he was concerned that the City Council
would have to have a curfew at the Moore Lake Beach� that he
had talked with Mr. Meyers and there are late parties that the Police
Department can do very little about because the ordinance is not
�pecific enought and requested comnents froro members of the City
Council. Councilman Kirkham further stated he would like to still have
the privilege of swimming later than 9 P.M. and perhaps even a 10 P.M.
curfew would help and wished to suggest a curfew of 10 P.M, on
Moore Lake Beach as there had been so many abuses of late parties
disturbing the peace and leaving the beach littered with refuse and
it was difficult for the Police Department to do much about the
late parties becauae the ordinance has no curfew on the beach.
A reeident requested to be heard and etated he arrived home from
work at 11 P.M. or latex and liked to take hie family for a ewim�
that possibly the curiew �ould be later and the police department
could chekk more Yrequently than they are now doing and if they broke
up the gange it would help considerably. Mrs. Jackie Straue
was prasent and atated there would always be somebody who would
object to noise and it wae not fair not to allow youngeters to Y,e
together." Councilman Kirkham replied it was more than just noise,
that they had had a number of cut feet from beer bottles even though
it wae one of tha dleanest beaches but at night-time crowds that
go there have drinking parties and this ie the problem. The �uestion
wae raieed if there wae s poesibility of having the Police make epot
checks on the cars for beer� etc.� and try to cleer the problem
zn this manner. Councilman Kirkhsm stated closer supervision would
help but they had to have something in the ordinance to help the
Police Department. The City Manager explained the Police had gone
to the beach srea as late as 1 A.M. in the morning and the parties
quiet down and when the police leave they etart all over a�ain,
that Yight naw eince they use the 6each at their own risk the police
cannot make them leave. Mayor Nee stated he did not kn�w if they had
the authority to eearch a cax for beer but they could have a
midnight curfew. Councilman Kirkham auggested the item be placed
on the agenda for the next meeting. Councilman Wright aaserted
he did not want to have the curfew before midnight� that if they had
people making incorrect use of the beach perhaps somethin� else could
be done.
73
nnaovaN:
There being no fn�t},�er Uusd�@ss�cl4ayds�'Neo �d@c�ar��.,the Regular Council
Meeting of July 20, 1964 adjourned.
Respectfully aubmitted,
r � � f/ � .{�N�`-� � Y "� —
�ue Miskow c William J. Nee
Secretary to the Council Meyor
BOAF�D OF EQUALIZATION MEETING
July 21, 1964
The meeting of the Board of �qualization was called to order by Acting
Chairman Jahanson at $:10 P.M.
Present at the meeting were: Councilman Johaneon� Sheridan� Kirkham
and Wright. Others: City Manager Wagner� Asseasor Herrmann and
Kirchberg of the City Aaseseor's Office and Appra3ser Schwartz and
Chiei Accountant Werner of the County Aesesaor's Office.
Present also were Hexbert Bacon Jr. oP 159 Logan Parkway and Robert
D, fienderaon of 76Q0 Stin&on Boulevard.
Mr. Bacon objected to his high taxes but after checking the valuation
on his property with others� he reconeidered his objection and stated
that he was eatisfied.
Mr. Henderson inquired ae to how the aesessed valuation r�tio of Fridley
compared with that of Spring Lake Park. Mr. Schwartz of the County
Aseesaor's Office stated that it compered very favorably. •
Mayor Nee arrived at 8:17 P.M.
Mr. 5chwartz inquired as to how the assessment had worked out on 941
Rice Creek Terrace. Mr. Hayano, owner of this property, had appeared
at the Equalization Board Meeting on July 14� i964, requeeting a re-
check of his property. Mr. Herrmann atated the reault was a 7 1�2�
economic depreciation on the home. Mr, Schwartz then requeated that
the change be made an action of the City Council.
A motion was made by Wright to authorize the adjustment in Full and
True valuation on Lot �; Block 1, Brookview Terrace 2nd� (Subj, to
6' utility & drainage ease. along NE'ly line) from $9260 to
$ES655. Motion seconded by Nee. Motion carried.
As tliere was no other bus3nesa, the meeting of the Board of Equalizal3in
wes adjourned at t3:25 P.M. July 21� 1964.
Respectfully aubmitted�
Elinor Thoennea�
Acting Secretary