Loading...
04/04/1966 - 00021562� � Councilman Harris said that if all the emergencies o£ the tornado had been checked into� the City would still be checking. Councilman Sheridan stated that we have all learned a lesson from what has hagpened herae He felt the Administration should pass a memorandum around instructing the operating entities of the City forces that they are not to go in on privately-owned property as was done here. He stated that right or xrong, this was an error on the driverts part, and they all know it, so it xill not happen again. He said that this as distasteful for the Councila £or the neighbors in the area and we should see thaz this is eluninated. He stated that he had discussed this with the gentlemen present and with the Mayor� and he feels the City Manager should remind the operating entitie� rnthir the City to make sure this does not happer again. M�or Kirkham said that to matfe sure that everyane understood his opinion on this� he wanted to assure all of the citizens that if any lake incident were to occur again and he got a call askir,g for the services of a doctor or nurse or anything else where City services could be of assistance� he would act in the same manner as he just had. He azid he would trust thP opinion of th� professional people involved as to whether there was ar� emergency� and he would turn again to professicnal people and talk to the Police Department ar,d give them the problem and let them handle it to the best of their ability. ADJ OURIVMFdVT : There being no further business� Mayor Kirkham declared the special meeting o£ March 29� 1966 adjourned at 10:30 P.M. Respectfully submitted� ���� � �^ �y11,rr� �,� Mary Lu Strom, Acting Secret�r� t.c the Council � �.� k ��' % � ,� �," � /� � Jack 0. Kirkham " Mayor THE MINUTE.S OF THE REGULAR COUNCIL MEETING OF A�i.IL !�� 1966 A regular Council Meeting of the City of Fridley was called to order by Mayor Hirkham at 8:10 P.M. ROLL CALL MII�SBERS PRESENT: Kirkham� Wright� Harris� Sheridan� Samuelson MEMBERS ABSENT: None APPROVAL OF MINUTFS, REGULAR COUNCIL MEETING� MARCH 21� 1966: l �;� � 3/29/66 Mayor Kirkham stated that there was a correction to be made in the Minutes. � On page 6 under the heading� „Coimnunication: Of£ice of Economie Cpportunity: Need £or Satellite Office". It shou7:d read ��Upon a voice vote� Mayor Kirkham and Councilman Samuelson voting nay� the motion carried"� instead of listing just Counci]man Samuelson as voting nay. Motion bp Councilman Wright to adopt the minutes of the Regular Council Meeting of riarch 21� 1966 as amended. 3econded by Councilman Sheridan. Upon a voice votea there being no nays� Mayor Kirkham declared the motion carried. ��� 4/W66 SPECIAL COUDTCII, MEETl'NG MINIITES, MARCH 29, 1966: Motion by Councilman Harris to adopt the Minutes of the Special Council Meetir.g of March 29, 19b6 as submitted. Seconded by Councilman Samuelson. Upon a vaioe vote, there being no nays, Mayor Kirkham declared the moti_on carried. ATTORNEY GENERAL�S OPINiON: Mayor Kirkham stated that the opinions £rom tha Attorney General�s of£ice relative to the appointment of Councilman Samuelson� and tlae compatibility � of City Attorney and Associate Municipal Judge have been received� and he asked the City Attorney to read the ma�or part o£ the opinions. In the question concerning the appointment� the opinion was that the appointment was valid. In the question concerna.ng the compatibility� the opinion was that the position o£ City Attorney and Associate Municipal Judge are not compatible. Motion by Conncilman Wright to receive both opinions £rom the Attorney Ueneral and make them part of the minutes of the meeting of the Counei].. Seconded by Councilaian Sheridan. Upon a voice vote, there being no nays, I��or Kirkham declared the motion carried. F'ollowing are the complete opinions from th� Attorney Creneral�s office: RbSbrt W. Mattson Attorney General State of Minnesota St. Paul, Minnesota March 29� 19b6 Honorable Oirgil C, Aerrick Fridley City Attorney 6231 University Avenue Northeast Minneapolis� Minnesota Dear Mr. Herrick: YoL:r request for an opinion of this office is based on the following FACTS '�The City of Fridley operates under a Home-Rule Charter adopted in 1957. Section 2.05 pronides that wkten a vacancy ex3sts in a council seat that the council shall declare by resolution that such a vacancy exists and shall forthwith appdint an eligible person to fill the same. "Section 3.04 requires every resolution to be presented in writing and read in £ull at a council meeting. "Section 3•o4 further provides that a ma�ority vote of all of the members of the counc2l shall be required far the passage of a11 ordi- nar.ces� motians and resalutions. � _9 ��ht the first regular meeting of the City Council in January 1966 the newly- elected mapor was sworn in and accepted office. He had been the Councilman from the first ward and consequently there would be a vacancy in the seat of the Councilman from the first ward. Thereupon a motion was made to appoint a person to that seat. The motion xas seconded and carried by a vote o£ 3 to 1. The new councilman was , declared appointed and took the oath bf office and has been serving from that time to date. A11 of the business transacted to date has been adopted by a sufficient ma�ority so that his vote would not be necessary to confirm valid passage of any act o£ the city council.�� QUESTIONS F'lo Was the appointment of the first ward councilman valid with- out the reading and passage of the resolution requir�d by the charter? tt2. Does the first ward couttcilman have a va].id vote as a member o? the city council at the present time? r- --b� l�/!�/66 "3. If it is necessary to have the city council adopt a written resolution declaring the vacancy, xill it also be necessary for the city council to £orma].13- proceed wi.th another motion to appoint an eligible person to fill tha same? OPINION 1. The full text o£ 2.05 of the Fridley Charter reads as follows: � ��A vacancg an the council shall be deemed to exist in case of the failure of any person elected thereto to qualify on or before the date o£ the second regular meeting of the new council' or Uy reason of the death� resignation� removal from of£ice� removal from the city� removal of a Nard councilman from his ward, continuous absence from the city for more than three months, or convietion of a felony} of any such person whether be£ore or after his qualification, or by reason of the failure of any eouncilman without good cause to per£orm any o£ the duties of inembership in the council for a period of three months. In each such case� the eouncil shall by resolution declare such vacancv to exist and shall Torthwith appoint an �liK�ble person same unLil Lne nexc reeular IDllL11C1A11 elecLion The vacancy hera was aaused by a resignation. It is a well-settled rule of conunon law that where two offices are incompatible� undoubted�y the case here� the acceptance of the second operates as a resignation of the £irst,. Anno. 100 A.L.R. 1164. The rule is followed in Minnesota. Kenr,e �v. Geor en, 36 Minn. 190, 31 N.id. 210; Hoffman v. Downs, 1l�5 Minn. 1�6 � 177 N.W. 9� State ex rel. hilton v. Sword� 7 Minn. 2 3� 196 rr.W. 467. Resignation results from the acceptance o£ the second of£ice and a formal notice of resigna- �ion is unnecessary to bring about the result. Since a resignation took place� 2.05 0£ the Fridley Charter would ag�gly. It xas not followed� however� and the question therefort is whether the failure � to declare existence of the vacancy by resolution invalidates the appointment. We are not concerned with a defect arising from the passage of a motion instead of a resolution (see Iandahl v. Inde endent ,4,chool District Aro. 306, 270 rlinn. 16�, 133 N.w. 2d 23)� u rat er wit the complete fai ure to declare by motion or resolution the eacistence of a vacancy. Easad upon the facts presented the following conclusions or asswyptions= as the case may be� are made. The existence of the vacancy was undisputed� Each of the four rranai.ning members of the counesl were fully aware of the fact that the one councilman had been elected to and assumed the of£ice of mayor. It srould appear that the motion calling for the appointment to i'ill the vacancy was in proper form ar.d clear�y understood. The vote on the motion was recorded as required by 3.0l� of the city charter� and a ma�ority oF the remaining members did in fact vote in favor of the appointment. Fina1]y' the person appointed to fill the vacancy acc�pted the office and was sworn in by the proper authorities. Upon these facts� I am of the opinion that the appointment of the first ward councilman is not affected by the failure to read and pass a resolntion declaring that of£ice vacant. .. The general rule with respect to proeedures to be followed in maicing appointments is stated in 3 McQuillin '�Municipal Corporations�t (3d Ed. Rev,) 7.�'r8lt as fo]1ows: � "Subject to the e�cception that inadvertent or harmless errors or variations may frequent�y be disregarded� the method oP appoint- ment o£ offieers and employees must conform with the requirements o£ the law� including home rule, civil ssrvice and others, and the appointment is deemed to be complete when the last act required oi the person or boc�y vested uith appointing power has been performed.��-�' ��� 4/4/66 At mosti the £ailure to adopt a foxmaZ resolution was an inadvertent or ha.rmless error that obviously did not affect the consensus of the oouncil. It does not appear that any of the voting me�abers were misled or that their vote would have been different if a resoluticn had been passed. It is note- worthy that no other independent of£icer or agency was involved 3n either determining the eacistence of the vacancy or in the appointMent. Th� duty and responsibility to fill the vacancy resided solely with the eouncil and all that was required under the Fridley Charter to perfect an appointment� aside from passage of a resolution, was the passage of an ordinary motion by a simpye majority. Under these facts I am of the opinion that the � appointment is valid. 2. EVen if it wereci#termined that passage o£ a resolution is an essen- tial step ia the process of fi7.7ing a vacancy� failure to do so does not affect an appointee's of£ici�l actions. The general rule is atated at 43 A�m Jur. °Public 0£ficers" ly81: "-�t ##(T)hat srhen an official person or body has apparent authority to appoint to public o£fice, and apparent],y exercises such authority, and the person so appointed enters on such o£fiae, and performs its duties, he will be an o£ficer de factor notwithstanding there was want of gower to appoint in the body or persor, who professed to do so, or although the power vas exercised in an irre�zlar manner." Pursuant to the above rule, if failure to pass the resolution were to affect the title to office, the appointee nevertheless aerves as a de £acto officer. As such o�"ficer� any action taken by hi.m under authority of- his office is deemed va7id as to the p�}blic and third persons. 15 Dun. Pig. �3d Ed.) �8017. � 3. In view of what is stated above� this question reqw.res no coimnent. Very tru�q yours, Robert W. Mattson Attornep General Gerald H. Swanson Assistant 1�ttorney Genera7. GHS:,�k Robert W. Mattson Attorney General State af Minnesota St. Paul, Minnesota March 31, 19bb Honorable Virgil G. Herrick Fridley City Attorney 6231 Univer�ity Avenue Northeast Minneapolis� Minnesota Dear Mr. Aerrick; Your request for an opinion o£ this office is based upon the following FACTS � nPhe City of Fridley is 8 city of the Third Class� operating � under a home rule charter. The charter providas that 'The Municipal Court shall exia�t. as now constituted, except as modi£ied by state lat,r�. The Minnesota Legislature� 1965 Session Laxs� Chapter 760� provided that the City of Fridley shall have a Chief Municipal Judge and an Associate Niunicipal Judge. The City Charter £urther provides that the Council shall agpoint a City Attorney. In addition, the City has employed a Prosecutin� Attorney� xhose duty it is to repre- sent the City on all matters in the Municipal Court." ��Q� 1�/4/66 The folloei.ng facts are to be assumed: "1. The Chief Municipal Judge presiries over all contested cases in which the City is a party. "2. The Prosecuting Attorney represents the City in these contested cases. "'3. The Associate Municipal Judge and City Attorn�y do not parti- � cipate in at� contested cases in the Municipal Court in which the City is a party." QUESTION mPurauant to the above £acts� are the positions of Associate Municipal Judge and City Attorney 3ncompatible?" OPINIOAI The faets which you ask us to assume testify to the incompatibzlity oi' the offices of associate municipal judge and city attorney. Not on�y are we to assume that the duties of the city attorney will be restricted, but also that the assignments of the associate municipal �udge are to be so arranged that the duties of each office rrill not directly involve those of the other. The necesaity for such ad�ustments and restrictions in the normal duties o£ these offices is proof of their incompatibility. As stated at !�3 Am. Jur. "Public Officers" �70� g� 93b: "Incompatibility o£ offices eacists where there is a conflict in the duties of the offices� so that the per£ormance of the duties of the one interferss with the performance o£ the duties of the other. This is something more than a physlcal impossibility to discharge the duties of both offices at the same time. They are generally eonsidered incompatible where such duties and func�^,a.mns ara inh�rently incox�sistent � and repugnant so that� because of the contrariety and antr,gonism which xould result from the attempt of oae person to discharge faithful]y, impartial�y, and eFficient]y the duties o£ both offices, considerations of public policy render it improper for an incumbent to retain both. It is not an essential element of incompatibility of offices at common lasr that the clash o£ duty shouLd e�cist in all or in the greater part of the official £unctions. I£ one office is superior to the other ia��some of its principal or amportant duties� so that the exercise af such duties may con£lict� to the public detriment� with the exercise o£ other �snportant duties in the subordinate office, then the offices are incom- patible. It is iromaterial on the question of incom atibilit that the party need not and probably will not undertake to act in oth of£ices same time. '1'he admitted necessitv oY such a In diacussing the nature of tha conflict o£ duty giving rise to incom- patibility, the writer�of 3 McQuillin� Municipal Corporation� #12.67 said at p. 299: "�Neither is it pertinent to ss�y that the conflict in duties rnay never arise, it is enough that it m�y, in the regular operation of the statutory plan. Nor is it an answer to say that if a conflict should arise� the incumbent may omit to perform one of the incompatible roles. The doctrine was designed to avoid the necessity for that ehoice." � Citing that portion of Rm. Jur. quoted a�ove� it was held in Op. Atty. Gen. 358b-2, January 17� 1952� that the offic�s of special municipal �udge and village attorney for the same mumeipality are incompatible. The author of this opinion called attention to the provisions of M.S. �488.08 which provide that a special municipal �udge may practice in the municipal court o£ which he is an officer� provided he does not ait in the trial of any cause or proceeding in rrhich he is personally concerned. In spite o£ this provision it was reasoned that since a special municipal judge has a duty to act in the absence or disability of the municipal �udge (M.S. #�188.06a subd. 1)� a potential conflict e�sibts betxeen the two of£ices and therefore they are incom- patible. f ��J /4%6b The duties of municipal �udges are set by statute, not by 1oca1 governing bodies, and pursuant thereto service of an associate municipal �udge is not conditioned on the absence or disability of another �udge. A person occupying this office would normally be expected to and should be capable of presiding over all matters that may properly come before the court. It seems inconsistent to permit one to hold that office and then be forced to restrict his duties and responsibilities in order to avoid conflict with another office held by the same person. . The Fridley Charter does not prescribe the duties of the-city attorney. It merely designates that office as one to be filled by the council. Presumably the council is also to prescriUe the duties and in so doing it could conceivably fashion that office so as to avoid apparent conflicts with the office of associate municipal �udge Such an attempt was made here. But to effectively eliminate the contrariety that exists between these two offices, the duties of the other office must also be limited. The council, however, has no authority in that regard and, in the absence oi statutory change, a potential conflict wi11 always exist. t�ccordingly, I am of the opinion that the offices of associate municipal �udge and city attorney are incompatible. Very truly yours, ROBERT W. MATTSON Attorney General (Signature of Gerald H. Swanson) GERALD H SWANSON Assistant Attorney General GHS:�k Councilman Wright expressed hxs appreciation to Councilman Samuelson for dis- charging his duties while this process wasgoing on, and stated he was glad that it had been cleared up. Councilman Samuelson tl�anked Councilman Wright and asked ' the City Attorney about a statement in the opinion regarding a possible statutory change recommendation as to clarify, by Council action, the City Attorney's responsibility, and asked if he thought this should be done at this time. City Attorney Herrick stated that it would not be his recommendation that there is a need for the Council to initiate any change. PROPOSED CR-2 ORDINANCP� (TABLED 3/21/66): Councilman Harris asked the City Attorney if he had talked to Mr. Wargo in regards to the side yard requirements, as he understood he had some comments on this. The City Attorney said that he had no comments on the ordinance itself, but they did discuss the protective covenants that the owners of the property were pre� paring for the people they might sell lots to. It was Mr. Wargo's opinion that Lhere are certain restrictions that can better be placed in the ordinance than in the protective covenants, in that if they are in the ordinance, and there is an unusual sicuation in which the Council wishes to waive a requirement, it can-do so, but if details are in the restrictive covenants, then to waive them written approval must be obtained from the land owners in the platted area and any institution that might have a mortgage on the property. Mr Herrick stated that this proposed ordinance has been reviewed by the Planning Commission, and they suggested 3 or 4 changes which he has incorporated in the ordinance, except for one he, had some question about and will present to the Council for their decision relative to parking requirements. The � Planniag Commission recommended elimiaating No. 2(parking requirement for office) and suggested it be made the same as No. L fparking requirements for manufacturing establishments). Mr Hodne recommended one parking space for every 200 square feet, and the Planning Commission felt that this was excessive. Mr. Herrick stated he felt there should be more parking space for square feet of office space than for manufacturing so at present the mrdinance is writtea in this way Coancxlman Samuelson stated he thought this was good and was in favor of it Mayor ILirkham explained, for the benefit of the public, that this ordinance is a sub-classification of the commercial zoning, to make it somewhat more restricted in some areas. Councilman Samuelson said that it provided a zoning between manufacturing and commercial. ��� 4J4I66 Councilman Samuelson asked Mr. John Meyers if it would not be acceptable to the Board, as long as this is light manufacturing, to have an engineer prepare the plans and specifications. He stated that the ordinance has a provision that it must be done by an architect Mr, Meyers stated that there might be a proUlem on this, and he said they could �ust refer to the Minnesota Statutes in each instance. There was a discussxon as to the wording of the ordinance so that the proper qualified people will be required in the ordinance according to State Statutes It was decided the proper amendments could be incorporated in the ordinance for the second reading. � Motion by Councilman Harris to waive the reading of the ordinance and -�dopt the Ordinance upon first reading amending Chapter 45 of the Code of the City of Fridley 6y providing for a new zoning district (CR-2 - Office, Service and Limited Susiness Distxict) and providing regulations, controls and standards therefor. Seconded by Councilman Sheridan. Upon a voice vote, there being no nays, the motion carried unanimously. COMMERCE PARK REZONING (TABLED 3/7/66 AND 3/21/66); The Cxty Attorney asked how far they had proceeded on the rezoning of Commerce Park. He asked if there had been a request that the zoning be changed to CR-2 The Crty Manager answered ihat public hearings had been held on C2 and M-1 districts and as the Planning Commission felt this was more restrictn,e, it probably would be accept�bLe, Councilman Wright said that as long as they have held public hearings on two zonings that bracket this zone, it would include this 2one, and he asked the City Attorney iI this made sense Legally and the Cit; Attorney stated that it seemed to. The City �anager made the comment that they are trying to design this zone Ior the City as a whole, and at this time they also are considering Commerce Park in particular. Councilman Samuelson stated that the Council has to define the limits of the M-1 and CR-2 zoning in Commerce Park. The City Manager said that the Planning Gommission meets once more before the Gouncil's April 1Sth meetio�, and he would arrange for Mr. Hodne to meet with them and make a map of the proposed zoning areas in Commerce Park for the Council to consider Council- � man Ldright suggested that at the next regular meeting the Council can have the second reading of the CR-2 Ordinance, and the first reading of the rezoning ordinance for these affected lots MOTION by Councilman Wright to table the rezoning oi Commerce park until the regular Gouncil Meeting of April 18, 1966. Seconded Uy CounciLman Samuelson who suggested that the proper notice be sent to the interested parties Upon a voice vote, there being ao nays, Mayor Kirkham declared the motion carried HIRING OF AN INSURANCE CONSULTANT (TABLED 3/21/66)• CouncLlman Wright stated that the Council had had a meeting wrtl� the Insurance Committee on March 31, 1966 and at that time it Ueczme clear to a11 of the Council that the service that is offered by Mr Peet is also available Lo the Council from other sources, and the Council feels the selection should be made from the available field The City Attorney said he could ha�e a resolution ready for the next meeting. MOTION by Councilma❑ Wright to table this item until the regular Council MeeCing of Apri1 18 1966 The motion was seconded, and upon a voice vote there being no nays, Mayor Kirkham declared the motion carried SIGN PERMIT APPLICATION - 0'BANNON (TASLED 3/21/66)• � Mr 0'Bannon was not present at the meeting and Councilman Sheridan was unable to reach him by telephone. MOTION by Councilman Samuelson to table this item until the regular Council Meeting of Apri1 18, 1966. Seconded by Councilman Harris. Upon a voice vote, there being no nays Mayor Kirkham declared the motion carried SIDS - ST. 1966-1 SCHEDULE A(OPENED NOON, APRIL 4 1966)• The City Manager read the following bids to the Council and stated that the 1ow bidder h�d been the Dunkley Surfacing Company in the amount of $191 557 90 ��g +/4/66 STREET IMPROVEMCNT PROSECT - ST. 1966�- 1 SCHEDULE A Bids Opened on April 4, 1966 at 12;00 Noon PLANAOLD�R BID DEPOSIT BASE BID COMPLETION DATE Black Top Service Co. 7400 Cambridge Avenue Seaho,�rd Surety $213,379 40 Sept 15, 1966 St Louis Park, Minn 5% Dunkley Surfacing Co 3756 Grand Street N.E United Pacific Ins $191,552 90 Sept 15, Minneapolis, Minnesota Co 5% Hennepin Black Topping Co. P.O. 2675 USF&G Co 5% $223,903 37 Sept 15, New Brighton, Minnesota C. S. McCrossan, Inc, United Pacific $227,727 45 As Spec Box 322, Route ��2 Ins Co. 5% Osseo, Minnesota Councilman Harris asked the City Engineer how many miles of streets were�involved in this pro�ect. The City Engineer stated that this covers 3 5 miles and showed a detailed map to the Council. Councilm2n Sheridan asked if the estimated amount in the preLiminary report included legal and fiscal fees, and the City Engineer answered that it was the construction cost only. Councilman Samuelson asked about the City's experience with Dunkley Surfacing Company in the past and the City Engineer stated that the previous engineer did have some problems with them, but it had been on restrictions in the specific�tion which had been extremeiry hard to meet, and since that time the City has been satisfied with the work that they have done in Melody Manor third and fourth Addition and in Holiday Hills IIe stated that he felt this was a very good bid, mostly Uecause they had 1et the bids early, and also because Dunkley Company had �ust purchased a new stablizing machine for P&H Mix and were anxious to get into the business. MOTION by Councilman Samuelson to accept the bids and award the contract on Streets 1966-1 to the Dunkley Surfacing Company in the amount of $191,552.90 Seconded Uy Councilman Sheridan. Upon a voice vote, there being no nays, Mayor Rirkham declared the motion carried. BIDS - TRACTOR (OPENED NOON, APRIL 4, 1966): The City Manager read the following bids and the recommendation of the Parks Department that the Council award the bid to the Long Lake Farm Supply Company 1966 , 1966 � NEW TRACTOR PLIIS ATTACHMENT Bids Opened on April 4, 1966 at 12:00 Noon BID BIDD�ft SECIIRITY CASH TRADE IN NET PRICE DELIVERY DATE Carlson Tractor & Cashier's Ford Model Equip. Company Check 41124E $375.D0 $3702.00 10 to 15 Highway ik3, Rosemount, $205.00 $4077.00 Cal. Days Minnesota Long Lake Farm Supply, Inc., Hwy. ik12, Long Lake, Minnesota Midway Tractor & Equip. Company 33Z6 University Ave Minneapolis, Minn. Certified Check $168.00 Certiiied Check $185.00 Ford Model 41124E, LCG $550.00 $3907.70 Ford Model 4112-4E $SODi,00�. $/�182J5 $3357.70 $3682.75 30 days 30 to 60 days , Ace Equip Company Continental Ins. M-F $1375.00 $4163.00 30 Days 9703 Humboldt Ave 5. Co., 5% P1ode1 3165 (Massey-Ferguson Mode1) Minneapolis, Minnesota $lOD,000°not to e�ceed $5538.00 MOTION by Councilman Wright that the Council accept the bids and award the bid for a new Ford 4112-4E tractor to the Long Lake Farm Supply Company in the amount of $3,357.70. Seconded by Councilman Samuelson. Upon a vaice vote, there being no nays, Mayor Kirkham declared the motion carried. � � � � � y t � 1 ._ 4/4/66 Couricilmari HaYris wise move to waxt the demonstrator. pointed out that these bids proved it had been a and let bids on this tractor instead of buying PLANNING COMMISSIOAT MEETING MINVPES, MP.RCH 24, 1966: CONTINUED PUBLIC HEARING� REZONING REQUEST #b�-02 MRS FLQ2ENCE SWANSON AND BERNARD JULKOWSK2: N�ither Mrs. Florence Swanson nor,Bernard ,Tulkowski were at tne meeting, Councilman Samie].son stated that he had received a nu�aer of letters from residents in this area in which they disapproved of this zoning change. The City Manager stated that Mr, Hodne had reviewed it aga�,n and written another letter to the Planning Commission that he still recommends M-1 in this area, MO'i'ION by Councilman Samuelson to concur v�ith the Planning Commission recommendation and deny Rezoning Request #63-o2. Seccuaded by Councilman Sheridan. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. STREET PATTERN FOR NURSING HOME BY WINSLOW & ASSOCIATES: The City Manager explained that Winslow & Associates have deeds for ±he west 30" from the property owners and 30' �rom the hospital, but he did not think the Council would want to go znr.o this tonight with- out more information in the agenda, Councilman Wright stated Y�e thought the Council should request a map and a statement of the actual negotiations on this. � REORGANIZATION OF PLANNING COMMISSION: Councilman Hsrris stated that if the Council is aroenable, he would like to meet with the Council alone before they meet with the Planning Commission on a few things that have come up he feels they should discuss fir st. Mayor Kirkham recommended,setting a date now. It was decided they would meet at,7:30 Tuesday, April 12, 1966 and then meet with the Planning Commission at 8:00 P.M. Councilman Sheridan stated that he would m t be ahle to attend but recommended they proceed snyway. MSAS DESIGNATION• The City Manager read the motion of the Planning Commission with reference to changing some of the MSAS designated streets. The C�ty Engineer showed a map of the proposed changes and explained tha[ this year the state has revised their State Aid standards, and whereas Fridley used to get so much money per mile, now only streets that are open and travelled will be eligi]�le, and the City will lose about $2,040 a ye3r in maintena�ce money if the presentiy designated streets are ncat. changed, Mr, Qureshi suggested they delete the undeveloped streets that are not presently programmed for develcp ment, and designate a nu�er of other streets itt thexr place. Mr, Quxeshi pointed out that once they are designated, it �.s not £inal unless they are done now, but the City wants to get the money and i= the Council feels a dif�erent street should be designated, they can do it at any time as long as they have not spent any monay on the street. There was a discussion about includiny 5th Street down ta 61st Street as a designated MSAS. mhe Ci�.y Engineer said that a.f the Council was interested in doing this, they could ta�se off #�317 wha.ch the City has � � �� 4/4/66 already built. It was decided to revoke #�17 as a Municipal State Aid Street and to designate }#328 {61st Avenue to 64th Avenue on Sth Street) a Municipal State Aid Street and to change the wording in the Resolutions accordingly. RESOLUTION #43-1966 - A RESOLUTIODI REVOKING MUNICIPAL STATE AID STREETS: MoTION by Councilman Harras to ado�tResoluta.on #43-1966 as discussed at thas Cauncil Meeta.ng. Seconded by Councilman Samuelson. IIpon a , voice vote, there bea,ng no nays, Mayor Kirkham declared the motion carraed, RESOLUTION #44-1966 - A AESOLUTION ESTABLISHING MUNICIPAL STATE AID STREETS: MoTION ]�y Councilman Harris to adopt Resolution #g4-1966 as discussed at this Council Meeting. 5econded by Councilman Samuelson. Upon a vaice vote, there being no nays, Mayor Kirkham decl�red rhe motion carr�ed. PLANNING COMh1IS520N MINUTES: STRLET PROBLEM The City i+lanager read the Motion made by the Planning Commission and reviewed the original proposal by the Planning Coznmissi.on that Starlight Boulevard be extended to Mississippi Street parallel to the raiJ_road tracks and explained that the Planning Commission now disagrees with that proposal and recommends that Starlight Boulevard be extended to Main Street as shown on the proposed plat of Sylvan Hills Plat 8, revised March 24, 1965. Gouncilman Harris stated that if there was any chance o£ ever geL-ting a yrade separation at the railxoad, they did not want the County to have to close up a street first. ' MOTION by Councilman Harris to concur with the Planning Commiss�.on that when Starlight Boulevard is extended, its extension be to Main Street as shown on the proposed Plat of Sylvan Hills p],at 8, revised March 24, 1965. Seconded by Councilman Sheridan. Upon a voa.ce vo�e, there being no nays, Mayor Kirkham declared the motion carried. . , PLAPTNING COMMISSION MiNUTES: ORDINFINCE STUDY HOUSING CODE: The City Manager read the Planning Commision's motion recammending' there be no Eurther considerata.on of the housing code until such time as it is presented again. The City Manager stated that the Health Snspector had written a memo regard�,ng a code he would like the Planning Commisss.on to study. He stated that the Planning Commission is not enthusiastic al�out any of the codes suggested. Councilman sheridan stated that h� and Councilman Samuel � n sti11 plan to work over some of the items £or a housing code, and at the ti,me the Health Inspector's proposal is presented, they will outline what their general thinkang is. , PLANNING COMM28SIf1N MINUTES: REZONING REQUEST: ZOA_#66-�02 E_MMS' , RIEDEL- Councilman Samuelson asked haa £ar had this rezoning request progressed, The City Manager stated that he had given this to the City Attorney and the City Attorney has made up a Public Hearing Notice for the Planning Commission so that it has some flexibility, and will come up before the Planning Commission on April 14, 1966. ��� 4/4/66 BUILDTNG BOARD MEETING MINUTES ^ MA12CH 30,�1906: RIVER ROAD, FRIDLEY, MINNESOTA, 55432: The City Manager read the Building Board mota.on that any action on this item be taken by the Council. `Phe City Attorney explained a letter � he had written the Buil ding Board thak a commercial dog kennel would be allowed in M-1 but not in the residential zone Mrs, Lund is in, but he did not £eel he should make the determ,ination as to whether this is commercial or her own private kennel, MOTION by Councilman Samuelson that the Council deny the request for construction of a kennel. Seconded by Councilman Shericlan. Upon a voi.ce vote, there }�e ing no nays, Mayor Kirkham declared the motion carried. (Mrs. Lund arPiued later in the meet�ng, az�d this item was di,scussed further under the Visitor's section oE the Council Meeting). BUILDING BOARD MINUTES - CONSIDERATION OF CONSTRUCTION OF A DENTAL LABORATORY AT 5601 - 4TH STREET NOR'PHEAST (LOTS 16 AND 17, BLOCK 3, HAMILTON'S ADDITION TO MECHANICSVILLE) APPLICATION BY ROBERT JAEGER, 3610 CENTRAL AVENUE NORTHEAST MINNEAPOLTS MINNESOTA 55421: Councilsnan Samuelson explained to Mre Jaeger, who was present at the Council Meeting, that the Building Boaxd had recommended approval of the building permit with the conditzon that he build a fence on the north and-east side and landscape to take care af some oL- the height. � He asked Mr. Jaeger if he planned to construct the sidewalk as shown on the site plan. Mr. Jaeger stated he did not know why that had been put on, and whet]zer he would be required tv buxld it naa. Counczlman Samuelson said the City could not requira hxm to build it. Councilman Wright said that there was just a question, as it is shown on C�ty land and they wond� ed if he was serious about it. Mr. Jaeger asked how high the tence will have to be. Councilman Samuelson stated �hat he assumed a 6' standard �eight ience, and he recommended satined redwood as there is less maintenance. Tt was suggested he build the fence on the nozth side just to the tront ot the building and not all the way to the zront of the lot. There was a discussion of a way to gain soom tor a�ew more aars to park and still have room �or landscaping. MO`PION by Councilman Wright that the Council concur with the Building Board's recommendation and approve a Building Permit for a dental laboratory with the restriction that there be a 6' fence on �he east '� of the north side, and all oP the east sa.de, and the parking arrangement as discussed with the Council be complied with� Seconded by Councilman Harris. Upon a voice vote, there beina no nays, Mayor Kirkham declared the motion ca,rried. � BUILDING BOARD MINiJTES: A CAI2 WASH INOT SELF-SERVICE ON OLD CENTRAL OFF MISSISSIPPI: Councilman Wright asked the C1ty Engineer what 800 gallons of water was in equivalent Fridley RECs. The City Engxneer answerefl about 96 REC which would be the peak load, and they would not use that, Councilman Wright stated that a.t stxll was a substantiai amount of sewage to put througYL the sanitary sewe� and he asked the CityEngine�r iE he•could find out if this could ga into the storm sewer. �' •) �/�'/66 k'ARKS AND RECREATIOI�T COMMISSION MEETTNG MINUTES - MARCH 2$ 1966- 7,AND AND WATER FUND• MoTION by Councilman Wright to authorize the Parks and Recreation Director to make application to the Land and Water Fund for such emoluments as are available to the City. seconded by Councilman Sheridano Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. NAMING PARIi - JAY PARI£: The Crty Manager painted out �.hat the Council should take official action on this item if they concur with the Parks and Recreatioa Commission. . , MOTION by Councilman Harris that the park property on Rice Creek Plaza South be oificially named °Jay Park". Seconded by Councilman Wright. Upon a voice vote, there being no nays, Mayor Kirkham decla�ed the motion carried. Councilman Wright suggested that it would be proper to notiiy the family o£ Dr. Jay. COMMUNICATIONS• SMTTH: CONDEMNA'PIOP7s Z'he City Attorney explained that in a discussion he had with Mr, Wyman Smith, it was deca.ded it would be better for Mr. Smith to �inish the loose ends on this condemnation. Councilman 5amuelson asked if there will b� any compensatson due Mr. 5mith. The City Attorney suggested � that the Council compensate Mr� smith on an hourly basis. Councilman Samuelson stated that this seems faix' enough. MoTION by Councilman Wright to pay the claim of $50 to Charl.es May o and Dorothy Sheffel Briet. The motion was seoonded and upon a voiae vote, there being no nays, May or Kirkham declared the mdtion carried. COMMUNSCA7'iON: MOUNDSViEW: SEWER CONNECTIONS MOTION by Councilman Harris to receive and file the Communication in regard to the Village of MoundsView-Pleasantview Drive sewex connections, Upon a voice vote, �here being no nays, May oz Kirkham declared the motion carraed. CQMMUNICATION: CHiEF OF POLSCE: LSEUTENANT POSITION Councilman Harris stated that he understands the test has a].ready been given by the Police Civil Service Commission. He stated that this wi1L be a raise in pay from $665 to $690, but that there is $4,000 in the budget which was allotted as a result of the possible move to ' ne�a quarters, so the money is available. Councilman Samuelson asked i£ this will create a vacancy which will require anot.her officer, The City Manager explained that another patrolman will move to Sergeant. Councilman Wright stated that it undoubtedly will create the situation for requesting add3tional officers at the patrolman level next year. Councilman Wright asked if this comes through the Police Civil Service Commission. He stated he was surprised there is no suppoxting lettex from them. Conncil- man Wright sugges�ed they make the approval subject to the approval by �ha Police Civil Service Commission to bring it to their a�tention in case the� did not knaa it was being done immediately. � �.� 4/4/66 MOTION by Councilman Wright to create the position of Lieutenaz�t in the Police Depaztsnent, subject to the approval of the Police Civil service Commissian. The motion was seconded, and upon a voica vote, there being no nays, Mayor Kirkham declared tha motion carried. COMMUNTCATION: MINNESOTA HIGHWAY DEPARTMENT - BUMPOVER: � MOTION by Councilman Wxight to rec�ive and �i.le the letter Srom the Minnesota Highway Department, and to request the City Manager to write a letter to Mr. Braun, Deputy District Enyineer and thank him L-or the crossover. Seconded by Councilma.n Samuelson, Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried, COMMUNICATION: FRIDLEY BAND - BUDGET: MOTION by Councilman Harris to recei,ve and £ile �he le�.ker from the President of the Fridley Ci#y Band. Seconded and upon a voice vote, there being no nays, Mayor Kirkham dealared the motion carried. COMMUNICATION: CITY ENGINEER - i�YiTNTENANCE BOND RELEASES; MOTION by Counci.lman Wright to release the Maintenance Bonds to the contractors as listed in the agenda. seconded by Councilman Sheridan, Upon a voice vote, thexe being no nays, Mayor Kirkham declared the motion carri�d. COMMUNICATION: CITY ENGINEER - SEALCOATTNG: The City Manager explained �.hat some of tkze stxeets az closer � examination may not need sealcoating, and that there was a suf£icient amount in assessments available ta cover the $3Q,Q00 esiimated aonstruction cost. Councilman Harris suggested that after th,is £irst 9 miles is done oE the 57 miles of streets in Fridley available ior sealcoata.ng, the other streets be dividad into 6 areas and have a canta.nual five year program. Cxty Engineer Qureshi stated that the streets should be kept up that are up to City Standards naa. To do the ones that are ,7ust a stabilizer base would be throwing the money away. He sh aaed the Council a street map on,which he showed the streets at City siandards, ahd the streets not up to City standards. I3a statad he would hope to have a program where every year the,City can sealcoat some streets that are up to standards, then maintain these streets and eventually all the streets will be up to standard, MOTION by Councilman Harris to advertise Por bids for_seal�a�ting, and the cost of tlze sealcoating to be paid out o£ State Aid Funds, � Councilman Wright stated he would like to amend that anotion tk�a�. it sha11 be the City policy to conduct the proyr�.m in units of not less than Ca.ty blocks, and to do the streets that are constructed up to City standards with curbs. . City Engineer Qureshi stated the City can save about 15/ if we do our awn sweeping. Councilman Harris asked who would the responsiblity fall on if th.e Citydoes their own sweeping. Mr, Qureslzi answered that it falls upon the contractor. Councilman Samuelson �uggested that the specifications be written ir�-that way. Councilman Harris suggested that the Cx`ty Manager come up with a proposal for next year as an item fo� the budget. The City Manager said a proposed map aould be made for the Council to approve, he � �/�/66 could get some �zgures toqether and give the Councal something concrete enough for them to make a deaision. Councilman Hasris askad how soan can bids be asked fo�. The City Engineer said the best time was during the liat weather i,n �7111y and August, and the Ci�.y wi11 be ready by then. The amendment by Counca.lman Wright was secrnded and upon a voice vote, there being no nays, Mayor Kirkham declared the amendment carried, � The motion by Councilman Harris was seconded and upon a vca.ae vote, there being no nays, Mayor Kirkham declared the motion casri.ed. COMMUNiCA'l'ION: NORTHERN STATES POWER COMP�INY - STREET LIGHTING: 7.'he City Managez reviewed the le�ter from Northern States Power Company explaining the increase in rates, and the possilxili.ty ofi changing to Mercury Vapor units. He pointed out th�. most communri:ies will probahly change to Mercury Vapor so that it will take a per_iod of four years to make the complete changeover, and during that time, any unchanged incadescent 1.ights wi11 be paid at the old rate� The City Manager recommended the City change to Mercury Vapox. MOTSON by Councilman Harris to concur with the, recommendation of the City Manager and change from Incadescent to Niercuy Vapor stzeet lighting. 'Phe motion was seconded, and upon a voa.ce vote, there being no nays, Mayor Kirkham declared the motion carri ed„ CnMMLTNIGATION: PLUMQSNG CONTRACTORS - LTCENSING: The City Manager pointed out that he had asked the Gity Aktorney for , a letter on the 5upreme Cour�.'s decision, i'hen the City received this letter which brings the matter to the Council's at�ention. Councilman sheridan suggested that the Council table this item and have the City Attorney draw the necessaxy ch�nges in the present ordinance. He feit the Council should review theis fee schedule as this may need revasing ixpwaru. The City Attorney stated that someone had mentiuied to him that there would have to be a C/, increase in inspection fees to compensate for the loss oi licensing. Councilman Wright said that he concurs that these should be examined again beEore they re�und the licensing money and al.so the regulation paaers should be studied. Councilman Harzis stated that he suggests that before the City refunds, tYxey shoul.d have some proo£ of licensing by the State. . The City Attorizey asked if the Council wanted him to prepare a suggested ordinance amendment to change over from a Iicens�ng system to some sort oz a regulata.ng syatem. Councal man Harris suggested in the meantime they write the people asking for certi�icate o£ sfate License and the City would refund the money. Counci.lman Sheridan , pointed out that the City would only be reEtYnding fXom April 1 as they come up again in Maya MOTSON by Councilntan Harris to instxnct the Adma,nistration to write a letter to the Minneapolis Association of Plumbing Contractors and advise them that no �ees will be chasged an licenses coming due on May 1, 1966, but �hat proof of State_Licensing will be requixed from the contractors, Seconded by Councilman Sheridan. Upon a voice vote, there being no nays, Mayor Ki.r]�ttentt declared the motion car�ied. ?'��; 4/4/6E. VISITORS• FURTHER DISCUSSION OF DOG 1{ENNEL: Mxs. Lund who had applied for a permit to build a dog kennel arrived at the meetai.ng and Councilman Samuelson expl�ined to her that her request had been denied becanse a kennel was not allowed in a resi- dential zone, Mrs. Lund asked what she shauld do with the dogs as she � has 11 of them worth about $2,000, The Counca.l isnew of no limitatioans as to the numher of dogs if there were no complai-ats. ,The City Attorney stated that each dog will have to have a license, and that the general limitation was that an ocvner coul�l not keep such a number as to,become a nuisance. Mrs. Lund explained that skxe had bought this property December 21st witk� the understanding that she would be able to get a license for a kennel. she si�.ted she was told this by the real estate company, attd someone had quoted her a price of a kennel license, or slae would not have bought the property. Councilman Wright stated that it seems she would have a,course o� action with them in court. Mrs. Lund said she had nothing in writing. The City Attoxney read the ordinance definition af nuisance. Mrs, Lund said it appears it is not dags you object to, ,7ust,that a person might make $5«00. She stated tlzat a person tries to do what is right and gets this attitude from the Council, when someone who 7ust qoes out and raises dogs gets by, Councilman sam� lson.stated that he does not want Mrs. Lund to misunderstand the Counail°s action on thi.s. Ae explained that the oacdinance as such does not a11ow a dog kennel in a residential zone, the Council would have no objection to such an operation in a M-], zone, Mrs. Lund said that the property behind her i.s M-1 and wondered why one foot made so much di£ference. 'The,City Attorney told Mrs. Lund that the Council had no authority to grant her'this permit; they couldr� aven grant her a Special Use Permit as long as it is zoned residential: Mrs. Lund asked the Coun�il i= they will issue her 11 licenses, ivIayor Kirkham stated that the Council cannot de�y them if she want to keep eleven dogs. COMMUNICATTON: FINANCE DIRECTOR - AGItEE1�NT RE: WATER AND SEWER: Councilman sheridan stated that this is exactly what he had talked to Mr. Nebel about before. He stated that__this is t.he way �ir. Nebel had wanted to do it, but tkie Finance Director had said there was no way to split the assessments. He had sug�ested to Mr. Nebel that he discuss it again with ttie Finance Director and that with the proper agreement he could use the other end of the lot. He said a statement would be put on zecord that iP the lot were ever split in the future by Mr. Nebel or anybody else, and a txome was to be built on it, the 10� would be assessed. MOTION by Councilman 5heridan to allow the City Manager and the Mayor to enter into an agreement with Mr, Nebel on behalf of the City and record the agreement. 7'he motion was seconded, and upon a voi.ce � vote, there being no nays, Mayor Kirkham declared the motion carried. CLAIMS: MOTION by Councilma.n Harris to approve tor payment General and Public Claims #8217 through #�8298. Seconded by Councilman Wra.ght. Upon a voice vote, there being no nays, the motzon carried. MOTION by Councilman Harris to approve For gayment Liquor Claims #8425 through #8452. Seconded Uy Cnuncilman sheridan. Upon a vm ce vote, there being no nays, Mayor Kirlcham declased the motirn carried. � � �/�/66 ESTIMATE5- MOTION by Councilman Wright to pay the following estimate to Debris Clean up Contractors PAyMENT TO DEBRIS CLEAN UP CONTRACTOR Industries Services Incorporated Estimate #2 (FINAL) 5treets 1359 Dean Avenue Cleaning Payment for work St. Paul, Minnesota completed October 31, 1965 Total stxeets cleaned 37.832 Curb Mi1es , C� $57.50 = $2,175.34 Less: Estimate #1 1,811.25 EST�TE #$2 - F21VAL PAYMENT $ 364.09 Seconded by Counci2man Sheridan. Upon a voice vote, there being no nays, May or F:irkham declared the motion carried, MOTION by Council man Harris to pay the estimate in �he amqunt oE $19,975.89 for emergency repaxr on the sanitary sewer system by Randall & Berglix�, 6801 Plaza Cuve, Minneapdis, 55432, during the O.E.P. program. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried, I.ICENSES - � The Ci.ty Manager said he thought he should bring to the attention of the Council the fact that there-is a pending charge against the Frontier Club for serving beer to a minor, but that there hds been no convictiono He stated that on Red's Club, there was a conviction,� but Red's Club is not on the list tonight. The City Attorney statad that, in general, the granting of this type oi license is at the discretion of the Council, and r�o license holder has t.�ha �ight to insist on one,. If it is detri.mental� in the Council's opinian,. they can refuse to grant the license under Minne-sota Statute 340, or a violation of the Fridley City Code is sufficient. Sn some cases the Counail may have to refuse a license because they are prnh9bited from grantinq them in some cases, The Caty Attorney stated that the Frontier Club had a conviction two or �hree years ago for selling to a minor, but he thinks there was a change in management after the conviction. There has l�een no conviction in the last year although there have been some complaints, especially pertaining to late closing which could be cause for warning or revocation. The City Manage� pointed nut �hat i� there w�re suf£icient £actors, the best time to make the decision is when the license is up far renewing rather than to revoke it later. Councilman Wright stated that the owner had been � ged to use the Police Department iP necessary so a da.fference should be noted in ' ca11s to the Police Department and the complaints £som outside, and he said that a£ the Council were to weigh the number of calls the avner would stop calling the Police when he should. Coixncilman Wright suggested the owner be advised of Minnesota St�atues 340 which would ga.ve the Council no choice if there were a conviction. Councilman Harris asked if all the heating contractor's licenses come up at the same time, and the City Manager answered not necessarily. Couhcilman Samuelson asked if any subsidiary company of the B&M Corporation was on the list. The City Manager said that B&M was not. MOTION by Councilman Wriqht to qrank the licenses followingc CIGARETTE LICENSE Sandees Cafe 6490 Centzal Avenue N.E. Fridley, Mixu�esota � Piresa.de Rice Bowl 7440 Cantxal Avenue N,E. Fridley, Minnesota National Food Stores, Inc. 6440 University Avenue N,E. Eridley, Minnesota Gordy's aountry Boy 5uperette 1042 osborne Road Fridley 32, Minnesota The Kroger Company 5251 Central Avenue N.E. Fridley, Minxxesota Hess Motor Ser vice 6500 East River Road Fridley, Ma.nnesoi& Dick's Quik Shop 6319 Highway #65 � Fridlex, Minnesota SERVICE S`PATION LICENSE Steiger & Gertzen Garage, Inc. 6519 Centxal Avenue N.E. Fxidley, Minnesota Wantland standard oil 5311 Uttiversity Avenue N.E. Fridley, Minnesota superior "400" oil Company 7365 East River Road Fridley, Minnesota Ryan-Harl an Conoco 6389 University Avenue N.E. Pridley, Minnesota Burke's Texaco � 6301 Tiighway #65 N.E. Fridley, Minnesota Axt's sinclaix service 6290 Highway #65 Fridley, Minnesota DELIUERY TRUCK LICENSE Vogue Cleaners & Launderers 1229 E. Lake Street Minneapolis, Minnesota by: W,F. Weiss by; William C. Wong by; L. Halherg a ; , q � 4�4�'6E. RENEWAL RENEWAL NEVd by; Gordon G. Swenson RENEWAL bya S, W., Philpott by: Charles Hess by:_ Rich�sd Houle RENEWAL rrEw I�IEW by: Ernest W. Gertzen RENEWAL by: Sames G. Wantland gENEWAL by: A,F. Berzlna by: Boyd P. Harlaz� Thomas T. Ryan by; Earl Burke RENEWAL RENEWAL . �i'�?C+,fII�'�I by: Arthur J. Campbell RENEtiVAL by: Vogue Cleaners RENEWAL �J�4%'S6 \ Clover Leaf Creamery Company 420 West Broadway Minneapolis, Ma.nnesota GARBAGE & RUBBISH COLLECTION W, & W. Company 1600 south Oregon Minneapolis, Minnesota TAXICAB LICENSE Fridley Cab Company 5740 Una.versity Avenue N.�o Fridley, Mannesota Clifis Taxi 8394 Center D�ive Fridley, Minnesota SOLICITOR`S LIC�NSE 5mith's Mablle Vacuum Service 556 Rice Street Fr�.dley, Minnesota USED CAR LdT LICENSE Frank's IIsed C3rs 5740 University Avenue N.B. Frid��y, Minnesota CIGARETTE ZTCENSE Frontier Club 7365 Central Avenue N�E. Fra.dley, Minnesota TAUERN LICENSE Frontier Club 7365 Central Avenue N.E. Fridl.ey, Minnesota OFF-ON SAT�E� LIQUOR LICENSE by; David R. Nelson by: W. & W. Company by: Frank Gabrelick by: Cliffard Piper by: 5ander L. Smith by: Frank Gabrelik RENEWAL RENEWAL � RENEWAL RENEWAL RENEi�aAL RENEWAL 1 by: Marlene Povlitzki RENEWAL by: Marlene Povlitzk�. RENEWAL Frontier C1ub 7365 Central Avenue N.E. by: Marlene Povlitzki RENEWAL Frid7.ey, Minnesota CON�PRACTORS LSCENSES(TO BE IN EFPECT FROM APRIL 30. 1966 THROUGH APRIL 30, 1967)• , EXCAVATSNG ' Car1 BolandeY & sons Co. 2933 Pleasant Avaiue Minneapolis, Minnesota Sriyhton 8xcavating Co. 1920 Highway #96 New Bxighton, Minnesota Roger Eriokson George Indvkiewicz RENEWAL RENEWAL Doty & Sons, Inc. 3732 - 2� street N.E, Mi.nneapolis, Minnesota Herringer Excavating 4121 Stinson Boulevard N.E. Minneapolis 21, Minnesota � Jarson's Service Co! 9180 Xylite Street N.E. Minneapolis 33, Minnesota John A. Nelson Excavating Co. 660 - 39th Avenue N.E. Minneapolis 21, Minnesota Theisen & sons 2305 Xylon Avenue N. Minneapolis 27, Mi,nnesota J. R. Walker & Sons, Inc, 300 Larah Street St. Paul, Minnesota GAS SERVICES Anoka Plumbing & Heating 2209 Main Street Anoka, Minnesota � Backdahl & Olson P1vi�ob�.ing and Heating Co„ Inc. 3157 Chicago Avenue Minneapolis 7, Minnesota � Ear� Doty Chet M. Hexringer Lloyd M. Jar�on �Tohx� A. Nelson Rabert W, �Pheisen Robert N. V7al3�r Byron Bramley Claxence R. Olson Burniece's Division of Commercial Air Conditioniny, Inc. Axthur Vanselow 811 Park Avenue Minneapolis, Minnesota, 55404 Comfort Heating Co. 2531 Marshall Street N.E. Minneapolis, Minnesota Cronstrom" s ileat,ing & Aix Conditioning, Inc. 4410 Excelsior Boulevard St. Louis Park, Minnesota Raymond A. Frei D.L. Stzandberg Louis DeGidio Oil & Gas Burners 3102 Findley Place Louis DeGidio Minneapolis, Minnesota Fa� Plumbing & Heatisl Ca. 7217 - 77th Avenue N. Minneapoli.s, Minnesota I�uane Farr Frank`s Heating & sheet Metal Co. 2531 Marshall Street N.E. Frank Vogt Minneapolis, Minnesota Gas supply, Inc. 2238 Edgewood Avenue S. Mi.nneapolis, Minnesota S. R. Navickas ��� 4/4/6C RENEWAL RENEWAL RENEWAL RENEWAL RENEWAL RENEWAL RENEWAL RENEWAL RENEWAL RENEWAL RENEWAL RENEWAL RENEWAL RENEWAL RENEWAL ��o 4/4/66 Healy Plumbing & Heating Co. 278 West Kellogg Boulevard St. Paul, Minnesota Home Gas Company, Inc. 1430 Highway 4r`8 New Brighton, Minnesota, 55112 Sohnson Brothers Plumbing & Heating 6100 Golden Valley Road Minneapolis 22, Minnesota Mi11 City Heating & Air Conditioning Co. 13005B - 16th Avenue N. Minnea�olis, Minnesota, 55427 Minneapolis Gas Company 739 Marquette avenue S. Minneapolis 2, Minnesota Nielsen Gas Heat 2916 E. 38th Street Minneapolis, Minnesota Royalton Heating & Sheet Metal Co. 1529 - 37th Avenue N. E. Minneapolis, Minnesota Standard Heating Co. 410 W. Lake Street Minneapolis, Minnesota Superior Furnace Co. " 6121 - 42nd Avenue N. Crystal, Minnesota Ray N. Welter Heating Co. 4637 Chicago Avenue Minneapolis, Minnesota GENERAL CONTRACTORS Adams Construction Co. 2837 Girard Avenue So. Minneapolis, Minnesota Adolfson & Peterson, Inc 6701 West 23rd Street �' Minneapolis, Minnesota, 55426 Rodney Billman Inc 3000 - 36th Avenue N. E. Minneapolis, Minnesota, 55418 Brenny Brothers Construction 6011 Third Street N.E. Minneapolis, Minnesota Carlson-LaVine, Inc. 2831 Aldrich Avenue S. Minneapolis 8, Minnesota Chuck's Construction Co. 3800 Hayes Street N.E. Minneapolis, Minnesota George F. Cook Construction Co. 2833 Lyndale Avenue S. Minneapolis, Minnesota John A. Healy, III ` 0. L. Royce David S. Sohnson William H. Stevenson Arthur G. Ahlquist Stanley Nielsen i William R. Stewart Tony Ferrara Howard W. ChandLer Ray N. Welter George N�. Kelly Gordon A. Peterson Rodney W. Blllman Roger E. Brenny P�rLCk LaVine Cha?'Les J, Nelson G. F. Cook, Jr. R�NESdAL RENEWAL RENEWAL I�, � RENEWAL RENEWAL RENEWAL RENEWAL RENEWAL RENEWAL ' , RENEWAL RENEWAL RENEWAL RENEWAL RENEWAL RENEWAL � RENEWAL RENEWAL � Dailey Homes, Inc. 8510 Central Avenue N.E. Minneapolis, Minnesota, 55433 Derksen Builders, Inc. 7705 Central Avenue N.E. Minneapolis 32, Minnesota Ecklund & Swedlund Construction Corp. Box 1407 Minnetonka, Minnesoca A. G. Ericksen Co. 1450 W. County Road C St. Paul 14, Minnesota Finnish Sauna Builders, Inc. 5738 Zane Avenue N. Minneapolis, Minnesota Fridholm Construction Co. 1795 St. Clair Avenue, St. Paul, Minnesota Andrew P. Gawel Contractors, Inc. 2407 Washington Street N.E. Minneapolis, Minnesota, 55418 Giertsen Company 3501 Xenwood Avenue Minneapolis, Nlinnesota Gorco Construction Co, 3384 Brownlow Avenue St. Louis Park, Minnesota � D. W. Harstad Company, Inc. 7101 Highway �k65 N.E. Fridley, Minnesota Homedale Builders, Inc. 3017 LyndaLe Avenue S. Minneapolis 8, Minnesota � Homewood Realty 2402 Plymouth Avenue N. Minneapolis, Minnesota, 55411 Ives Construction 8017 Quincy Street N.E. Minneapolis, Minnesota, 55432 Garth Jensen Co. 1385 Se16y Avenue St, Paul, Minnesota, 55104 D. S. Kranz Company, Inc. 2033 West Broadway Minneapolis, Minnesota Chester L. Maciaszek 6380 Quincy Street N.E. Fridley, Minnesota McCa11 & Company 16L8 West Lake Street Minneapolis, Minnesota, 55408 Henry 0. Mikkelson 20 West 59th Street Minneapolis, Minnesota, 55419 G. L. Miller Company 4237 West 25th Street St, Louis Park, Minnesota Harold C. Thorson A1vin L. Derksen Leonard C Swedlund A. G. Ericksea, Sr Arnold E. Hillukka Ed Pridholm Andrew P. Gawe1 Louis P. ➢enBoer Sheldon Coplin Alton R. Johnson Norman Chazin Henry Lapides Ives Bo;svert Garth IZ. Jensen G. G. Kranz Chester L. Maciaszek David A. McCa11 Henry 0 MLkkelson Gerald L. Miller u_ � � 4/4/66 RENEWAL REN�WAL NEW N�W RENEWAL RENEWAL RENEWAL RENEWAL RENEWAL RENEWAL RENEWAL NEW RENEWAL RENEWAL RENEWAL RENEWAL RENEWAL RP�N�W.'�L RENEWAL ��y 4/4/66 Olson Concrete Company, Inc. 4004 Fourth Avenue 5. Minneapolis, Minnesota Harvey Peterson Company 151 G1en Creek Road Fridley, Minnesota Random, Inc. 9201 N. Lexington f�venue Circle Pines, Mianesota Drue L. Scherer 6525 Second Street N.E. Fridley, Minnesota Farrell U. Scroggins 305 West 27th Street Minneapolis, Minnesota Sexter Realty 3603 Prance Avenue N. Minneapolis, Minnesota Sheehy Constructio❑ Company 36� W. Larpenteur Avenue St. Paul, Minnesota Hugo F. Skrandies 195 Hugo Street N.E. Fridley, Minnesota James Steele Construction Co. 224 Bates Avenue St. Paul, Minnesota The Sussel Company 1850 Como Avenue St. Paul, Minnesota, 55108 Tred Company, Inc. 1427 Lowry Avenue N. Minneapolis, Minnesota Western Construction Company 3017 Lyndale Avenue S. Minneapolis, Minnesota A. L. Williams, Contractor 8562 East River Boulevard Minneapolis, Minnesota Ben Wo1ke, Inc. 251 Rice Creek Terrace Fridle;�, Minnesota Zaffke BuiLders 9225 - 15th Avenue So. Bloomington, Minnesota HEATING Comfort Heating Company 2531 Marshall Street N.E. Minneapolis, Minnesota Burniece's Division of Commercial Air Conditioning, Inc. 811 Park Avenue Minneapolis, Minnesota, 55404 Allx.ed Store Equipment Co. 6100 Wayzata Boulevard Minneapolis, Minnesota Stanley A. Olson Iiarvey Peterson Fred �. Reh'6ein D. L. Scherer Farrell Scroggins ➢onald F. Sexter James L. Teucher Hugo F. Skrandies James C. Steele Stanley Barenbaun Fred 5. Yesnes Milton Chazin A. L. Williams Ben Wolke Jerry L. Zaffke Raymond A. Frei Arthur Vaaselow A. L. Robertson REN�WAL RENEWAL RENEWAL ' RENEWAL NEW RENEWAL RENEWAL RENEWAL RENEWAL RENEWAL � RENEWAL AENEZdAL RENEWAL RENEWAL NEW , RENEWAL RENEWAL RENEWAL Anoka Plumbing & Heating 2209 Main Street Anoka, Minnesota Backdahl & 01son Plumbiag and Heating Co., Inc, 3157 Chicago Avenue Minneapolis 7, Minnesota Cronstrom's Heating and � Air Conditioning, Inc. 4410 Excelsior Boulevard St. Louis Park, Minnesota Farr Plumbing & Heating Co. 7217 - 77th Avenue N. Minneapolis, Minnesota � � Frank's Heating & Sheet Metal Co. 2531 Marshall Street N.E. MinneapoLis, Minnesota General Sheet Metal Corporation 508 South Seventh Street Minneapolis, Minnesota Gordon Heating & ALr Conditioning Co 5605 County Road ir�18 Minneapolis, Minnesota T. D. Gustafson Company 5820 Cedar Avenue Minneapolis, Minnesota, 55417 Healy Plumbing & Heating Co. 278 West Kellogg Boulevard St. Paul, Minnesota Harry S. Horwitz & Company, Inc. 1411 ELeventh Avenue S. Minneapolis, Minnesota, 55404 ,Tohason Brothers Plumbiag & Heating 6100 Golden VaLley Road Minneapolis 22, Minnesota J. McClure Ke11y & Company 26D1 Stevens Avenue S. Minneapolis 8, Minnesota Mi11 City Heating & Air Conditioning Co. 130055 - 16�h Avenue N. Minneapolis, Minnesota, 55427 Axel Newman Heating & Plumbing Company, Inc. 1608 Como Avenue W. St, pau1, Minnesota Perfection Heating Company, Inc, 2936 Fourth Avenue S. Minneapolis, Minnesota Reliable Heating & Cooling, Inc. 744 Adams Street N.E. Minneapolis, Minnesota Royalton Heating & Sheet Meta1 Co. 1529 - 37th Avenue N. E. Minneapolis, Minnesota Sheridan Sheet Metal Company 4116 Quebec Avenue N. Minneapolis, Minnesota, 55427 Byron Bromley C1a±-ence R. Olson D. L. Strandberg Duane Farr Frank Vogt R. S. Kraus Richard Gordon Roy T. Gustaison Sohn A. Hea1y, III Sanford B. Gruenberg David S, Johnson S. Leroy Kelly William H Stevenson Richard A. Newman Russell M. Peterson D.D. Diamond Eugene F. Pakoy Robert S. GravLng i � -q � �, °� 4(4/6b RENEWAL RENLWAL RENEWAL RENEiaAL RENEWAL RENCWAL RENEWAL RENEWAL RENEWAL RENEW�L REI�EWAL RENEWAL RENEWAL RLNEWAL RENEWAL R: NEWAL R�NEWAL RENEWAL .��� 4/4/66 Standard Heating Co 410 W. Lake Street Minneapolis, Minnesota Superior Furnace Co. 6121 - 42nd Avenue N. Crystal, Minnesota Thompson Air Conditioning Co. 5115 Hanson Court Minneapolis, Minnesota Twin City Furnace Company, Inc. 459 North Snelling St. Paul, Minnesota, 55104 Ray N. Welter Heatiag Co. 4637 Chicago Avenue Nlinneapolis, Minnesota MASONRY A11-State American Concrete, Inc. 2659 Dupont Avenue S. MinneapoLis, Minnesota L. T. Ernst, Inc. 1661 - 127th Avenue N. W. Anoka, Minnesota, 55303 D. W. Harstad Company, Inc. 7101 Highway ;�65 N.E. FridLey, Minnesota Hiawatha Cement Company, Inc. 3925 Minnehaha Avenue S. Minneapolis, Minnesota Samison Brothers, Inc. 8427 Center Drive N.E. Minneapolis, Minnesota Jesco, Inc. 1101 West 78z Street Bloomington, Minnesota MiLferd R. Johason 1101 West SOth Street Bloomington, Minnesota T. C. K�eseth, Contractor 4230 Central Avenue N.E. Minneapolis, Minnesota, 55421 Victor H. Loeffler, Contractor 818 - 41st Avenue N. Minneapolis, Minnesota Mooney Cons[ruction Company 5042 Lowry Terrace N. Minneapolis 22, Minnesota Munson Concrete Construction Co 2318 First Street N.E. Minneapolis, Minnesota R. E. Ostrom, Inc. 4857 Maryland Avenue N.. Crystal, Minnesota Tony Eerrara Howard W. Chandlex PLoyd M. Thompson Robert E. Petersen Ray N. Welter D. F. Vizecky Lloyd Ernst Alton R. Sohnson Mario Frasson Duane B. Jamison C. P. Judge M. R. Johnson Theodore K,7eseth Victor H. Loeffler John E. Mooney Donald A. Munson R. E. Ostrom RENEWAL RENEWAL RENEWAL � RENEWAL RENEWAL RENEWAL RENEWAL RENEWAL RENEWt�L ' RENEWAL RENEWAL RENEWAL RENEWAL RENETdAL RENEWAL � RENEWAL RENEWAL Petersen-TempLin, Inc 6402 Bass Lake Road Minneapolis 28, Minnesota Riverview Cement Company, Inc. 3900 - 41st Avenue S Minneapolis, Minnesota James Schminkey & Sons 4630 Jackson Street N.E. � Minneapolis 21, Minnesota Sharp Concrete Construction River Oaks, Rte, 1 Osseo, Minnesota � A1 Zeis Cement Co. 225 - 9'+Ch Avenue N W. Coon Rapids, M�.nnesota OIL HEATING The American O11 Company A Maryland Corporation 28D0 Wayzata Boulevard Minneapolis, Minnesota Cronstrom'�s Heating & �1ir Conditioning, Inc. 4410 Excelsior Boulevard St. Louis Park, Minnesota Frank's Heating & Sheet Metal Co. 2531 Marshall Street N.�. Minneapolis, Minnesota PLASTERING A. E. Conrad Company 308 West 592 Street Minneapolis, Minnesota R.W. Fendler, Tnc. 504 Woodland Drive Burnsville, Minnesota George W. Lov�ren & Sons 5900 Wisconsin Circle Minneapolis 28, Minnesota Modern Wall, Inc. 5425 Lakeland Avenue N. Minneapolls, Minnesota Joe Nelson Stucco Company, Inc 1150 - 98th Lane N.W. Coon Rapids, Minnesota Peterson & Hede Company � 314 - 17th Avenue N. Hopkins, Minnesota Plastering Service Compaay, Inc. 4607 Lyndale Aveaue N. Minneapolis, Minnesota ROOFInTG Bernard L. ➢alsin Company 8824 Wentworth Avenue S. Minneapolis, Minnesota, 55420 Alvin C. Petersen Duane Razuik Sames Schminkey Dennis L Sharp Allan Ze�s Chester A. Schmidt D. L. StraadUerg Frank Vogt A E. Conrad� R. W. Fendler George W. Loegren D A. Matuseski Evelyn M. Nelson Arnold M. Hede Boyer Paliner Bernard L. Dalsin �;,� � � 4 4%6 b NEW RENEWAL RENEL�rAL RENEWAL NEW RENEWAL RENEWAL RENEWAL RENEWAL NEW RENEWAL RENEWAL RENEWAL RENEWAL REN�WAL RENEWAL ��� 4/4/66 Johnson Brothers Construction Co. 1200 Welcome Avenue N. Golden Valley, Minnesota Milton L. Johnson Roofing & Sheet Metal Co. 2513 Central Avenue N.E. Minneapolis, Minnesota SIGN ERECTION Go1d Meda1 Beverage Compaay 553 N. Pairview Avenue St. paul, Minnesota Highway Display, Inc. 721 Raymond Avenue St, paul 14, Minnesota Naegle Outdoor �.dvertising Company, Inc. 1700 West 78th Street Minneapolis, Minnesota, 55423 Nordquist Sign Company, Inc. 312 West Lake Street Minneapolis, Minnesota Schubert Outdoor 9dvertising Co. 2508 East 25th Street Minneapolis, Nlinnesota, 55406 WELL DAILLING Richard C. Johnson Milton L. Johnson Arthur J. Margot G. P. Gutzke ,Tames P Badger R. A. Nordquist, Jr. Lawrence H. Schubert RENEWAL RENEWAL RENE�aAL , RENEWAL RENEWAL RENEWAL RENEWAL Hadden Well Company 4455 Main Street N E. Robert B. Hadden RENEWAL ' Minneapolis 21, Minnesota The motion to grant the licenses was seconded tay Councilman Harris Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. LIQUOR STIIDY COMMITTEE: Mayor Kirkham stated that a committee has been formed to study private liquor versus public Liquor, and he read the following list of volunteers from the participating organizations: Chairman Tony Gnerre, American Legion Post; Harold Callander, Saycees, Gordon Nelson, Ho11y Merchant's Association, Reverend Norman Eitrheim, Fridley Ministerial Association, Herbert Bacon, ,Tr., Fridley Lions Club, Tony Petrangelo, Rotary, Wzlliam R. Tonco, Fridley Tax Study Group. Councilman Wright stated that there are a number of other organizations in Fridley and he wondered if they had declined or if they had not been asl•�ed. Mayor Kirkham replied that some of the organizations he had written to had not replied, and some did not care to appoint someone. Council- man Wright asked if some organization were to teply at a later date, would the Mayor include additional representatives. Mayor Kirkham answered that he certainly would. MOTION by Councilman Samuelson that the Council ratify the appozntments. Seconded by Councilman Harris. Upon a voice vote, there being no nays, Mayor Izirkham declared the motion carried. Councilman Wright stated that he would appreciate it if the Mayor would inform the group that he has built up a considerable amount of material on this issue on which he testified befoxe the State Interim Committee, and he would be very happy to make it availa6le to them. Councilman Harris requested the Administration to make copies of the list of the Committee, for anyotte Lhat might want one. r � � �4�%66 ORDINANCE DEFINING MISDEMEANOAS - CHAPTERS 96, 97, 98, 99: The City Attorney explained that this is a r�Yher lengthy codification, by reference, to the new Minnesota Criminal Code which will update the misdemeanor section of the Fridley Code by adopting by refereace those portions of the new Griminal Gode that �efer to misdemeanors, and in addition, by reference, some miscellaneous offenses included in other Chapters of the Minnesota Statutes He stated that this wi11 make it much easier to prosecute certain actions that are looked upo❑ as misdemeanors, but wexe not adequately defined prevLOUS1y. He stated that he had checked the criminal code, and a11 necessary misdemeanors � aze included. Councilman Wright noted that in 1ist7.ng the different sections, some were listed in detail and some were not. The City ALtarney stated that there was no particular reason for not spelling them out in detail and Councilman Wright asked him 1f he �_ould make a separate listing for those not detailed as an addendum for the second xeading. Councilman Wright asked iP this was primarily to bring into reference wiCh the new code, and the City Attorney answered that it will bring it into conformity and expand it MOTION by Councilman Harris to waive the reading of the ordinance and adopt upon first reading. Seconded by Councilman Sheridan, Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. VISITORS: Mr. Bob Guzy, Columbia Heights, was present representiag Ardis McCarCy in a request for a BuiLding Permit to build a home on land she is purchasing by Contract for Deed on the south one half of 1ot 4 and a11 of Lot 5, Block 14, Hamilton`s addition to Mechanicsville, which is ad�acent to the triplex constxucted by B& M, Inc. Mr. Guzy stated Lhat the previous City Attorney, Mr Smith, felt the Council could properly deny L-he permit because Mrs. McCarty had been employed by B& M, Inc. Mr. Guzy said she had been employed in the bookkeepzng end of the business, not the building end, and he could see no reason for this guilt by associatioa. He said that the last he had heard B& M � were no longer in business, and Mr Bird was selling real estate He sald Mrs. McCarty has a piece of property with a 60' front, sitting vacant and serving no purpose and she wouLd Like to build a single family residence He showed the Council a sketch of the propo�ed res�dence, Councilman Samuelson asked what the triplex planned to use for parking, and Mr, Guzy answered thaC there was space behind the triplex. Councilman Samuelson asked if the triplex meets the square footage required, Mr Guzy answered that it does not. Councilman Harris asked ii any corporation members of B&M, Inc have an interest, Mr Guzy answered definitely not, that there have been Chree transfers at Least Councilman Sheridan pointed out that the City has never recognized a 1ot split as none was ever requested, and as far as the City is coacerned lot 4 is sti11 connected to the trlplex. Councilman Wright explained that the Council had checked into this to see if it could happen, and it can, but when it comes to developing it, it cannot Ue developed. He stated he thought her course of action should be between the owner of the triplex or B& M, Inc. Mr. Guzy said that the owner of the tziplex had never bought this land when he bought the tr�plex. The City Attarney stated that if there is a fraudulent permit, and sale of the property contrary to ordinance, which requires a Lot split, Lt seems the Council will have to decide which is in the besC interests of the City, � aaother building or have the land remain vacant and Mrs. McCarty seek her remedy against the people who sold her the land. Councilman Wright stated that she is asking the City to acknowledge a Lot split wh2ch would not have bee❑ given in the first place. hlayor Kirkham asked who built the garage that is on the property now, Mr. Guzy said that Lt was the person Mrs. McCarty brought the propexty from, Mayor Rirkham asked if there was a building permit, The City Manager said there was a building permit. The City Manager said there was a building permit issued April 21, 1961. Mayor Kirkham staCed that then the City has already issued one building permit oa this land. ��� 4/4/66 There was a discussion of whether the Council would permit the house to be built on the 40' 1ot, aed if it could be located so that it would not use that part that has no lot split. Councilman Sheridan asked if lot 5 was sufficient for Mrs. McCarty to obtain a mortgage, and Mr. Guzy answered that she said it would be. Mayor Kirkham stated that the Council has the right to waive requirements and they do not accomplish anything by not letting her build as it �ust wi11 be an empty piece of property. Mr. Guzy stated that she pays taxes on this 10' of 1and. Councilman Wright asked Mr. Guzy if he had advised the owner of the triplex he needed a 1ot split. Mr. Guzy answered that he had not checked this out ' as the deed was recorded. The City Attorney stated that, as this has changed hands Uefore, he thought that this was a reasonable assurnption on his part. Mr. Guzy stated that they would like a permit to build wrth side setbacks on part of lot 4 and 1ot 5, or at least be permitted to build on lot 5 and let the rest of the land go tax delinquent, Councilmaa Sheridan stated that it would not be wise for the City to permit a building on a 40' lot as this would immediately set a precedent and there are a number of 40' lots in the City Councilman Wxight stated that they are lots that the Council has already denied building permits for because they are 40' lots. There was a discussion of the sequence of events when Mr. McClish bought the land from b& M, Inc., and at which point the violations occurred. The City Attorney stated that she might have a cause for action, as it seems contrary to ordinance and would be a misdemeanor. The C�ty Attorney suggested that Mr. Guzy try to trace the history of the transfer of lots, and find who was in violation and when. MOTION by Councilman Harris that the City Attorney and Attorney for Mrs. MeCarty dzscuss thas and that the City Attorney report back to the Council Seconded Uy Councilman Samuelson. IIpon a voice vote, there being tto nays, Mayor Kirkham declared the motion carried. ORDINANCE PROVIDING FOR SANITARY STORAGE OF REFUSE, CHAPTER 38: MOTION by Councilman Sheridan to waive the reading and adopt upon first ' reading the ordinance providing for sanztary storage of refuse. Seconded by Councilman Samuelson Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. Councilman Harris questioned the requzrement of placing the containers at the rear of the property He said that in some cases the trash men wi11 not pick up at the rear The City Manager stated that it could be put in the ordinaace to cnake it an obligation to pick up, The Council discussed partitioning off the garbage on the szde of the house, or screening it. Councilma❑ Wright suggested that the containers be kept as far away from the street as the front of the house and invisible from the street. It was mentioned that the ordinance states that containers shall not exceed 30 gallons in szze, and this would rule out the larger dump 6oxes that apartments have. The City Attorney stated he would discuss this with the Health Inspector end incorporate the changes for the second reading. ORDINANCE AMENDING CHAPTER 49 - ELECTRICAL OUTLETS: MOTION by Councilman Harris to waive the reading and adopt the ordinance amending Chapter 49 on first reading. Seconded by Councilman Sheridan. Councilman Harris noticed there were tto requirements about cords. Councilman Sheridan asked what number of outlets would be required. The Fite Preveation Chief, Mr. Aldrich, said that originally he had one for each unit not � provided with a garage in the ordinance, but the City Attorney had left it out. The City Attorney stated that it probably would be an imposition on the present apartment house owners. He thought it would be better instead to make extension cords unlawful except from exterior outlets. Councilman Sheridaa asked if it is necessary to have one outlet for each unit, could not an outlet be sufficient far two appliances. Mr. Aldrich said it could be if they run the proper size service, The City Attorney said he believed there was a regulation on how many amps can be carried, and suggested inserting the wording, "adequate number so as not to overload the rated capacity of the apartment building", Councilman Wright suggested getting this ander code ��� 4/4/66 so the builder of new apartments knows about it Sheridan asked what the parking space ratio was, and the City Manager answered 1z to 1 Councilman Harris said one outlet for three units would be adequate then Mr. Aldrich said it would be if 30 amp service is specified. The City Attorney and the Fire Prevention Chief will go over this further and have it ready for the second reading Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. ORDINANCE AMENDING CHAPTER 45 - ZONING DISTRICTS: � MOTION by Councilman Hairis to waive the reading and adopt the ordinance upon first reading. Seconded by Councilman Wright. Upon a voice vote, there being _ no nays, Mayor Kirkham declared the motion carried. Councilman Samuelson stated that after the reading of the new zoning ordinance with the Planning Commission, he would like to see some of the provisions added to the other zoning districts we already do lzave, such as landscaping, setbacks aad so forth Councilman Harris said that maybe the Council would need a different ordinance for that, as this just established the districts. Councilman Sheridan pointed out that some of the districts were mi�sing irom the list. Councilman Harris suggested that the complete list be included for the second reading ORDINANCE AMENDING CHAPTER 56.02 (2) - SIGNS: MOTION by Councilman Wright to waive the reading and adopt this ordinance amending Chapter 56.02 upon first reading. Seconded by Councllman Harris. Upon a voice vote, there being no nays, Mayar ICirkham declared the motion carried. RESOLUTIQN dk45-1966 TO ESTAELISH POLICE PENSIQN FUND; Mayor Kirkham handed the Council copies of the Articles of Incnrporation. Councilman Sheridan asked if the Counc�l had received an actuary report, and the City Attorney stated he had some infoxmation on that which he has in addition to the bylaws and articles for the Council to take and look over � MOTION by Councilman Sheridan for the adoption of Resolution ��45-1966 to establish a police pension fund. Seconded by Councilman Harrls. Upon a -- voice vote, there being no nays, Mayor Kirkham declaredthe motion carried. ' RESOLUTION iF46-1966 A RESOLUTION AUTHORIZING AND DIRECTING THE SPLITTING OF SPECIAL ASSESSMENTS ON PARCEL 8925. LOT 6. BLOCK 25. IR'DE PARIZ ADDTTION MOTION by Councilman Sheridan to adopt Resolution �'k46-1966. The motion was seconded, and upon a voice vote, there being no nays, Mayor IZirkham declared the motion carried, ON LOT 15, PARGEL 1U60, AUDITOR`S SUB MOTION by Councilman Harris to adopt Resolution �k47-1966 The motion was seconded, and upon a voice vote, there being no nays, Mapor IZirkham declared the motion carried. RESOLUTION �R48-1966, A RESOLUTION CERTTFYING CHARGES TO TII� COUNTY AUDITOR TO BE LEVIED AGAINST CERTAIN PROPERTIES FOR COLLECTION WITH THE TAXES PAYABLE IN 1967: MOTION by Councilman Harris to adopt Resolution ik48-1966. Seconded by Councilman Sheridan. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. MOTION by Councilman Harris to adopt Resolution ik49-1966 Seconded by Councilman SherLdan. Upon a voice vote, there being no nays, Mayor IzLxkham declared the motion carried � �,�6 DANGEROUS BUILDING AT 6591 MA.IN STR�ET NORTHEAST• Councilman Wright stated that Councilman Harris had called his attention to a house at 6591 Main Street Northeast Upon investigation it appeared that the owner had stripped the house of everything valuable, and then proceeded to strip it of everything,combustible, then left it accessible to vandalism and kids, and left 10 gallons of fuel oil in case anyone wanted to burn it down. He stated he would like to proceed as soon as 1ega11y possibLe to demolish the building. Councilman Harris said that the doors have been locked now, but they had been wide open when they inspected it. The City Attorney stated that there is an emergency ordinance � 50.07 which deals with cases where it reasonably appears there is immediate danger to the life or safety of any person, unless, as defined, it is immediately repaired, vacated, or demolished. The building inspector shall report such facts to the Council and the Council shall cause immediate repair, vacation or demolition of such dangerous building. Councilman Harris stated that he wi11 attest to the immediate danger, as the windows are broken, kids have been crawling in the windows, there is a hole in the living room floor, there is no door on the stairway which goes almost straight down, another hole upstairs. The City Attorney stated that he would suggest a finding by the Council that this is a dangerous building and that it requires immediate repair, vacation or demolition, and then authorize the City Manager, City Attorney and Inspection Department to proceed as rapidly as possible. Councilman Sheridan suggested the Mayor appoint a committee. Councilman Harris volunteered to attest to the dangerous state. MOTION by Councilman Sheridan ior immediate demolition upon the recommendation from the committee. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. 61ST STR�ET CROSSING: Councilman Sheridan stated that he had talked to the owner of the shopping center two or three times this week, and had told him that the Council undoubtedly would not make a decision on the 61st crossing tonight, but would by Apri1 18. The owner's concern is whetheror not he wi11 have to 1 build a blacktop road to his shopping center. He feels that if a crossing is not provided at the end of West Moore Lake ➢rive, he does not see a need for a street east to old Central Avenue. There was a discussion on surfacing between Baker and Carol Drive, west of Baker to T.H. ��65, and whether or not sidewalks would be included Councilman Wright stated that the Council has not had enough time to consider this fully, and he asked the City Engineer if it would hurt the bids to wait another meeting. The City Engineer answered that they will wait until the Council gives them orders to go ahead. It was decided to put this item on the agenda for the 18th of April. BUILDING INSP�CTOR: Mayor Kirkham stated that he understands the City has lost their assistant Building Inspector, and the current Building Inspector has made a suggestion that would save some money, if the Council were to concur. He stated that the Building Inspector would be willing to take on the additional responsi- bility for the City for additional money. Mayor Kirkham suggested that they might try this far the remainder of the year and see if he can do it while the Council is looking for-someone el-se anyway. The City Manager stated he would like to look into this first. Councilman Wright asked if this request originated through the City Manager or directly from the Inspector to the Mayor. Mayor Kirkham stated that Mr. Jensen had talked to him about it. Councilman Wright stated that he thought this was an improper way to initiate this proposal even though it may be a good idea and the Council may want to � do it. Mayor Kirkham stated he did not believe the Building Inspector meant to go over anybody's head, that the Mayor had proceeded on the sub�ect when he was told the Building Indpsector was losing his assistant, and had asked him what he wanted to do. Councilmaa Wright stated that the Council wouLd appreciate having this type of thing come through the Manager's office. PAINT UP, CLEAN UP WEEK• Mayor Kirkham stated that the Jaycees are very anxious to cooperate and assist in this pro�ect, and although they do not have vehicles, they have manpower. ' � � ti+��6 Mayor Kirkham said he would like to pursue this a 1ittle farther and solicit the help of all the service organizations, and as far as vehicles are concerned, perhaps the local businessmen could donate them. Councilman Samuelson stated that perhaps the newspapers could be of some assistance Mr. Terry Nagle, Fridley Record, said he had written an editorial saying that he Pe1t the City should do ie. Mayor KZrkham stated th�t this is what he asked in the First place, but he found that the City does not haue the equipment in sufficieet aumber. The City Manager stated that this could be a tremendous City pro�ect, and explained that he had seen these pro�ects done with parades 1ed by High School students carrying rakes and brooms He pointed outi again that the City does not have the manpowex os trucks to do this pro�ect in one day, it could be accomplished in a longer period oi time, but the Crty would need a lot of equipment and manpower to do it on one Satuxday. Councilman Samuelson wondered if the sanitation companies would donate their trucks and drivers. The City Attorney suggested the unions be contacted. Councilman Harris stated that the City could use any and a11 donated. Councilman Sheridan sugges�ed the City could help the citizens by having the Volunteer Fire Department available to issue burning permits on the spot, so that the people wi11 not have Yo come into City Ha11 for the permit ADJOURNMENT• There being no further business, Mayor Kirkham declared the regular Council Meeting of April 4, 19b6 ad�ourned at 12:30 A.M. Respectfully submitted, � � � , � �� �� ��< ��� � � .%�%� � �i � ��.� I: ��' l�� / �,�_�_. Mary Lu Strom �Jack 0 Kirkham Acting Secretary to the Council / Nli:YOR THE MINUTES OF THE SPECIAL COUNCIL MEETING OF APRIL 11, 1966 The Meeting was called to order by Mayor 1Cirkham at 8:17 P.M. ROLL CALL MEMBERS PRESENT: Kirkham, Harris, Wxight MEMBERS ABSENT: Sheridan, Samuelson PUBLIC HEARING ON IMPROVEMENT PROJECT N0. 1966-4 STREETS; Mayor Kirkham explained that there were to be two Public IIearings this evening, and although the meeting was late in starting, rt would be continued for a fu11 hour if it was necessazy, Mayor Kirkham stated that, under the GiLyC:iarter, notices had �een mailed Co the property owners known to the City, and printed in the newspaper He said thati on this pro�ect, the Ci�y has had either a petition Irom the properly owners or else the City Council has determiaed tha� the proposed pro�ect should be studied. The Engineers have given the the Council a written report that the pro�ect is feasible from an engineering standpoint, and have outlined parcels of land that would benefi� from the pro�ect He stated that the City Council will ultimately have to make the decision, but they are interested in the people's views, and if Lhe Council does decide to proceed with the pro�ece, it wi11 adopt a resolution L-o that effect, then plans and specifications are prepared, studied and appro�ed Contracts are let by sealed bids and the contractors axe requixed to caxry insurance aad file a perfoxmance bond with the City equal to the amount of the contract. After Lhe work is completed, an assessment roll is prepared and then another Public Hearing is he1d. The citizens have the right to appeal any assessment they feel is unfair. The costs stated tonight are estimated costs aad it is possible the final cost may be less, and should not be more.