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04/18/1966 - 00021537� � �� 4/11/66 no drainage pxoblem. Councilman Wright sL-ated that it would be extxemely short sighted not to. The visitor stated that the people should decide, not the Council, as they foot the bi11. Mayor Kirkham stated that as far as the laterals are concerned, it is the Council's feeling that it is their obligation to try and look ahead. There has been trouble in the past Uy not looking ahead, He stated that it is not the Council`s desire to insist, but the Council's desire to put forth what they think is a good plan and if the people do not wanC it, the Council wants to hear a6out it A visitor stated that many people ha�ae accepted the idea that storm sewers are in- evitable. Mayor Kirkham pointed out that the City does not want to improve � the street c�rthout the storm sewer in first, and later have to dig it up to put it in. Councilman Wnght stated that you pay for professional engineering advice to look ahead for you, and they take inCo account runoff, cost increased parkin� for multiples and many other aspects, and can the City afford not to take the advice they pay for� Councilman Harris stated that the Council has agreed to look into the intersection problem and the Gouncil must decide on the whole area now He said that apparently the feeling is for the pro�ect or there would be more ob�ectors here. Mr. Frank L�eUl said that the people think that this will Yake care of all their watex problems. Gouncilman Harris sCated thaY the 5tate has put in $170,D00 so that it wi11 cost less now than in 3 or 5 years, and if it were brought up later, the people would ask why was not this done before. He stated that the engineers feel this is defiiutely needed Council- man Wright pointed out that the City has never put a starm sewer in where the eingineers did not feel it was needed. He stated that the mains into which the laterals will go wzll Ue assessed against them, and they have the chance to make use of their investment, Mayor I�irkham asked if anyone was in favor of the pro�ect as outlined. One visitor said that if it would take care of it once and for all, yes he was in favor of it, and he asked if the Laterals would be assessed against the whole area or �ust those benefited directly Nlayor Kirkham stated that everyone wi11 pay City Attorney Herrack said that another way the people are profited �s that their streets will not deteriorate by having the pYOper drainage. �Gouncilman Wright stated that he had received faur telephone calls from the - Hyde Park axea, and in each case they were in favor of the pro�ect. AD JOURNMENT : Mayor Kirkham closed the Public Hearing at 11•20 P M. Respectfully submitted, � ; �__ � ,r �� � � ,�:' � ?�,� ;' , _ , �;> _� � r %«Zy�_��<< /)-L-u���z �� ���c { Mary Lu Strom � Jack 0. Kirkham Acting Secretary to the Council MAYOR THE MINUTES OE THE REGULAR COIJI3CIL MEETIY�G OP APRIL 16, 1966 The Regular Council MeeLing of the City of Fridley was called Lo order by � Mayor Kirkham at 8;15 P,M. ROZL CALL MEMBERS PFE5ENT: KLrkham, Wright, Harris, Samuelson MEMBERS ABSENT: Sheridan APPROVdL OF MINUTES, REGULAR COUNCIL MEETING, APRIL 4, 1966; MOTION by Councilman Harris to adopt the Minutes of the Regular Council Meeting of Apri1 4, 1966 as submitted. Seconded by Councilman Samuelson Upoa a voice vote, there bexng no nays, Mayor Kirkham declared the motion carried, �_ � � 4/18/66 ORDTNANCE �k332 - AN ORDINANC� AMEN➢ING CHAPTER 45 OF THE CODE OP THE CITY OF FRIDLEY BY PROVI➢ING FOR A NEW ZONING DISTRICT (CR 2- OFEICP„ S�RVICE REGIILATIONS. CON STANDARDS THER�FOR: The City Attorney, Mr. Flerrick, stated that he had incorporated slight changes since the first reading, including a suggestiott f'rom Mr. Meyer, and a little different language had beea used in that portxon relating to landscaping and engineering and a more general language used. MOTIi'�lN by Councilman Harris to waive the reading, and adopt Ordinance 4k332 and publish. Seconded by Councilman Samuelson. Mayor ILirkham explained the ordinance for the benefit of the public Council- man Samuelson said that perhaps the Planning Commission could review this ordinance in relationship to incorporating some of the new aspects of it into some of the older ordinances. City Engineer Qureshi pointed out that the ordinance requires curbing oaly in the front of the property. Councilman Samuelson stated that this is taken care of as they are required to have proper dramage. Upon a ro11 ca11 vote, Kirkham, Harzis, Wright and Samuelson voting aye, the motion carried. COMMERCE PARK REZONING (TABLED 3/7/66 3/21/66 AND 4/4/66): The Council looked at a new report which they felt was no more feasible than the original idea. Mr. Hafner was present at the Council Meeting and showed the Council the original map with different zoning areas which he stated he had �ust received that day. He pointed out a pLan that would give a lot of road access to a shopping center Councilman Harris said that the developer would ltave to provide a road. There was a discussion about the different zoning of the lots which would enable different areas to develop as complete units. � MOTION by Councilman Harris to adopt, upon first reading, an ordinance rezoning �� Commerce Park as follows: Lots 1 through 6 and T,ots 26 through 29 zoned C-1, Lots 7 through 21 zoned C-R2; Lots 22 through 25 zoned M-1; and Blocks 1 and 3 zoned G 1. Seconded by Councilman Samuelson. Upon a roll ca11 vote, Kirkham, Harris, Wright and Samuelson voting aye, the motion carried. SIGN PERMIT APPLICATTON - 0'BANNON (TABLED 3/21/66 4/4/66): MOTION by Councilman Samuelson to table this item until the May 2, 1966 Council Meeting. Seconded by Councilman Wright. Upon a vo�.ce vote, there being no nays, the motion carried, HIRING OF INSURANCE CONSULTANT (TABLED 3/21/66 AND 4/4/66}; The City Manager stated that he had not had khe time to contact anyone yet, but he would try to contact some insurance consulting firms before the next meeting. MOTION by Councilman T,dright to table this item until the next regular meet�ng of May 2, 1966, Seconded by Councilman Harris. Upon a voice vote there being no nays, Mayor Rirkham declared the motion carried, OF `333 - AN ORDINANCE ADC ON THEREOF AND NG MINNESOTA STATUTES R�LATING THE. OF FRIDLEY: The City Attorney was asked if al1 the numbers were listed. He answered they were all listed except two definitions which he did not feel were necessary. He stated thaL there �aere no additional sections added to the body. MOTION by Councilman Wright to waive the reading, adopt Ordinance �'k333 upott second reading and publish. Seconded by Councilman Samuelson Upon a roll call vote, Kirkham, Harris, Wright and Samuelson voting aye, the motion carried, � � .t � � � ��� 4/18/66 SECOND READING OF ORDINANCE 4�334 - AN ORDINANCE AMENDING CHAPTER 49 OF THE CODE OF THE CITY OF FRIDLEY BY PROVIDING FOR CIIAPTLR 49.086, The City Manager explained to ttie Council that this ordinance has been expanded by eliminating the first paragraph which was the troublesome one. The City Attorney said that he had discussed this ordinance with the Fire Marshal and the Electrical Inspector, and they agreed that it would be impossible to put into an ordinance requirements that would be suitable for all situations. This would outlsw the pxactice that there was concern about. Councilman Wright stated that the title should be corrected. He suggested the City Attorney strike the words, "requiring that certain electrical convenience outlets be provided" and substitute, "prohiUiting inside connection oI external applianfes." MOTYON Uy Councilman Wr�ght to waive Che reading and adopt 3nd publish Ordinance ��334 - An ordinance amendLng Chapter 49 of the code of the Ciry of Fridley by provtding for Chapter 49 OS61f, prohibiting inside connection of external appllances. Seconded by Councilman Samuelson. Upon a ro11 ca11 vote, Kirkham, Harris, Wright and Samuelson voting aye, the motian carr�ed. SECOND READING OF ORDINANCE ��335 PROVIDING FOR SANITARY STORAGE OF REFUSE - CHAPTER 38: -Councilman Harris suggested that the containers should be screened from the side neighbors as we11 as from the front The Council agreed and page 2 of the ordinance was changed under 38.041. The words "in front of the premises" were deleted, and the words, "and from ad�oining properties" were inserted in their place. MOTION by Councilman Harris to waive the reading, and adopt and publish Ordinance i{�335. Seconded by Councilman Wright. Upon a roll call vote, Kirkham, Harris, Wright, and Semuelson voting aye, the motion carried. SECOND READING OF ORDINAN�ik336 - ORDINANCE AMENDINDING CHAPTER 45 OF THE CODE OF THE CITY OF FRIDLEY ENUMERATING THE KINDS OF ZODi2NG DISTRICTS WITHIN THE CITY OF FRIDLEY: There was a discussion about the R-2A double Bungalow District, The CiCy Attorney said that there were sevexal ordinances that had been passed that made the listing rather confusing as they �ust refer to a zoning district and uses and do not adopt a new classification MOTION by Councilman Harris Co waive the reading, and adopt Ordinance ik336 and pu6lish. Seconded by Councilman Samuelson. Upon a roll ca11 vote, Kirkham, Harris, Wright and Samuelson voting aye, the motion carried SECOND READING OF ORDINANCE AMENDTNG CHAPTER 56.02 (2) SIGNS; Councilma❑ Harris stated that a siga 60 square feet is a good sized sign and he wahted to know if the Council was going to adhere to this or were they going to deviate. He said there is a sign permit before the Gouncil now that is already bigger than this. He said there was no use creating an ordinance and changing it right away, Councilman Samuelson stated that he agreed with Councilman Harris. Mayor Kirkham asked if they suggested a larger 1im�.t, Councilman Harris said either that, or delete the automobile services and have it apply onLy to filling stations. Councilman Samuelson said that it could not be limited to one member, and he asked where the figure 60' had rom2 fz'om. The City Manager said they had tried to pick a size thaL would not have to be changed, and the last Iew requests had been around this size. He said that maybe the sign companies would have some suggestions Mayor Kirkham stated that he thought the Council was going to have to make the limit much larger. MOTION by Councilman Samuelso❑ to table the sign ordinance until the next meeting for further study and for the City Manager to obtain more information Seconded by Councilman Wright Councilman Harris asked if it would be possible to check with other communities as they must have had trouble with the freeways The City Manager said that the other communities have been calling him when they hear we have passed a sign ordinance and have been asking for a copy of it. Councilman Wright said perhaps the 32' sign limit should be changed also, and he proposed for the next meeting the consideration of changing the 32 square feet limit to 50 square feet, and the 60 square feet limit to 100 feet unless there is more defLnit•_ve Lnformation. `� �� � 4/18/66 Upon a voice vote, there being no nays, the motion to table this item carried. BOARD OF APPEALS AfEETING PiINUTES. APRIL 13, 1966: PUBLIC HEARING ON A REpUEST POR A VARIANCE FROM SECTION 45.23, CITY CODE OF FRIDL�Y, MINNESOTA 1963, REVISED DECEMBER 1964, SY WAIVER OF SIDE YAR➢ REQlIIREMENT FROM 10 P��T TO 8 FEET ON WEST SIDE, AND VARIANCE FROM SECTION 45.24, CITY CODE OF I'RIDLEY, MINNESOTA, 1963, REVISED DECMEBER 1964, BY WAIVER OF SIDE YAAD REQUIREMENT FROM 17z FEET TO 12 FEET ON THE CORNER SIDE TO PERMIT CONSTRUCTION OF A ONE-FAMILY DWELLING ON LOT 3, LBOCK 1, GARDENA The City Maaager read the recommendation of the Board of Appeals that the variances be granted Councilman Wright suggested that, as a poLnt of courtesy, this be tabled until Councilman Sheridan is present as it is in his ward. The City Manager said he had advised Mr. Templin to talk to Councilman Sheridan and Mr. Templin said he had discussed it with Counct"hnan Sheridan MOTION by Councilman Wright to grant the variances requested by Mr. S. E Templin, sub�ect to the verbal approval of Councilman Sheridan. Seconded by Councilman Harris. ❑pon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. BUILDING BOARD MEETING MINUTES - APRIL 13, 1966: CONSIDCAATION OF CONSTRUCTION OF A CAR WASH SOUTH OF SKYWOOD MALL ON T H, ik65 �APPLICATION BY SHELDON MORTENSON, SKYWOOD MALL, 1289 N.E. SKYWOOD LANE, PRIDI.�Y, MINNESOTA, 55421): The City Manager read the recommendation of the Building Board that the permit to construcL a car wash be granted. Mr. Tonco told the Council of a reclamation process to re-use the soap and some of the water which will save approximately 60 gallons of water At the peak performance, 800 gallons of water an hour wi11 be going to the sewer Mr. Sheldon Mortenson was present at the Council Meeting and showed the Council the site location on a map, he explained that it wi11 have a shake roof and there will be no traffic problem. Councilman Samuelson asked if there would be enough cfs capacity at the connection end. The Consulting Engineer, Mr. Comstock, said that the whole system should be looked at, but it is not a large amount. Councilman Harris mentioned that there was a request for another carwash on 01d Central and wondered if they would both go to the same interceptor and Mr. Comstock answered no, Mr Comstock was asked if the maximum peak amount would affect the sewer system. Mr. Comstock said that it would affect it, but only at the main interceptor. Mayor Kzrkham stated that the Council should be sure they do not tie up a lot of CFS, and he thought the Council should have the engineers go over th�s. Councilman Wright said that he *�a uld like another day to look at rt Mr. Comstock said that he did not think it would overtax the sewer system, but he would like to look at the equipment they are proposing to use, see the amount of water the equipment wi11 use and determine the amount of RECs. Councilman Samuelson said that they would have to be charged on a rec basis, and he suggested they go ahead, based on the engineer�s approval, but that Mr. Mortenson should be aware that the sewer charges may be high becGuse of the volume of water being dzsposed of. MOTION by Councilman Wright to approve the construction of a car wash requested by Sheldon Mortenson, sub�ect to his exact determination of the out- flow and the approval thereof by the Engineering Department and sub�ect to any future sewer connection charges due to usage. Seconded by Councilman Harris. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. 1 � L J � � � PLANNING COMMISSION MEETING MINUTES, APRIL 14, 1966• FROM R-1 (SINGLE FAMILY DWELLING) TO R- � � � �4�1SJ66 6-Ol M[ILTIPLE FAMILY DWELLINGS; The City Manager read the motion of the Planning Commission recommending the rezoning and explained that there was a question relative to whether to replat or split the lots. The City Manager stated that he has advised Mr. Froid that it would be besC to plat it, and in the near future he wi11 start replatting the remainder through the Planning Commission Councilman Wright asked, if he is going to replat it, could we get the hearing on the rezoning and the plat on the same evening and �ust have one meeting The City Manager said that Frold does not want to replat unless he gets the rezoning. Councilman Samuelson asked if there was any possiblity of keeping it a11 R-1. The City Manager said that they feel this is a bad corner. Councilman Harris asked if a public hearing would not Ue the proper thing to see the sentiments of the people MOTION by Councilman Wright to accept the recommendation of the Planning Commission, and on that basis ca11 a Public Hearing Ior May 9, 1966 Seconded by Councilman Samuelson. Upon a voice vote, there Uexng no nays, Mayor Kirkham declared the motion carried. 2. PUBLIC HEARING: REZONING REQUEST (ZOA ��66-02), �NIMY RIEDEL: PARCEL 4800 BOUNDED BY MISSISSIPPI STRE�T ON NORTH, 7TH STREET ON E AST, 63RD AVENUE ON SOUTH, STH STREET ON WEST. REPRESENTED BY PAUL A SICJERVOL➢, ATTORN�Y: Councilman Harris stated that he thinks Mr. Hodne should be dixected to take an intensified look at this area as one of his first pro�ects, as Mr Harris felt this has a good potential for development. Councilman Wright asked the Crty Manager if the people were apprised of the Councx.l's intention that Sth Street, would be completed. The City Manager stated that there had been some discussion on this at the meeting. Councilman Wright asked if the Council were to te11 the Planning Commission that both 64th and Sth Street were to be finished, would this clarify the problem. The City Manager said that tlus was a case oF the petitioners saying, what do you want, we will accept what you want City Attorney Herrick stated that he had had a ca11 irom the Attorney for the Riedels. The attorney said that they were nerfectly willing to have a buffer on the east and south, and that if the Planning Commission or the Council or the people in the area were concerned because of the extent of the activit�.es possible under C-1, they would be willing to limit the type of commercial developments, 6y protective covenants, tc those acceptable to the Gouncil, and if the Council would want to dvelop a more limited type of zoning to apply to the property, that also would Ue acceptable to them Councilman Wright stated he would Like to have the records show that he favors the petitioners request along the western half essentially and the northern edge, but not along the eastern and the southern Mayor Rirkham pointed out that a coupLe of the people voicing their opinions were from Mississippi Street, so they would be concerned with the northern edge The CiL-y Attorney said that the Riedel attorney suggested they would Ue will�ng to do over, with the Council, what uses might or might not be ob�ectionable and then if the Council, at a later date, wanted to pass a more restrictL�e ordinance to supplement the protective covenants, this would be satisfactory with them. CounciLman Wright said that perhaps there should be a motion to the effect that the Council requests the petitioner to submit a draft of the protective covenants in line with the notion that the western portion only would be rezoned and submit it to the Council for discussion Councilman Wright said that he did not want to bypass the Planning Commission in doing something ]ike this, Uut that he was concerned that the petitioner does not know what the Council's thinking is until they have done a11 the work of going throi.igh the Planning Commission and then it comes to the Council for the first time. He said that even though they are still dealing with the Planning Commission at this stage, we can give them an idea of what our thinking ts. Councilman Harris suggested they include a sketch of the properties they are considering at the time. '� � �� 4/18/66 MOTION by Councilman Wright to indicate that the general direction of the Council's thinking is towards a higher use of the wetsern portion, and to request that the petitioner present to the Plaaning Commission and the Council a draft of the protective covenants and a site development sketch that would carry this out. The mo a on was seconded, and upon a voice vote, there being no nays, Mayor ILirkham declared the mation carried. 3. COMMERCP� PARK COVENANTS: Councilman Harris asked if the Council was going to receive these particular covenants to pass on them. He stated he thought these should go right along ' with the rezoning, rather than at a later date. Councilman Samuelson asked the City Attorney how the covenants differed from the ordinance, Mr. Herrick said that they are not as specific as the ordinance He did not think they added anything that the ordinance did not already cover, and that it was questionable whether they are enforceable by the Crty except under very unusual circumstances. He said that the decision was to keep them general Uecause they are so very inflexible The City Attorney said that perhaps a copy could be kept on file here with the Inspection Department and a copy filed with the Register of Deeds, but he did not think it was essential for the CouncLl to pass on the protective covenants as a part of the action on the rezoning Councilman Harris asked if he did not think they should be incorporated at the same time as the rezoning. Councilman Samuelson thought they should be recorded at the same time the plat was recorded The City Attorney said that it was essentially a responsibility of the developer, and whether or not he records them, as long as the property is zoned according Co the CR-2 ordinance, they would�not be abLe to do anything Uecause the ordinance restricts the development as much as or more than the protective covenants would He suggested they could get a letter in writing that the covenants wi11 Ue filed along with the plat. MOTION by Councilman Harris that a copy of the protective covenants be filed with the plat and that copy be file3 with the City. SecondPd by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. � RECEIVE AND FILE MINUTES MOTION by Councilman Flarris to receive and file the minutes of the Planning Commission meeting of April 14, 1966. Seconded by Councilman Wr;:ght. Upon a voice vote, there being no nays, Mayor ICirkham declared the motion carried. COMMUNICATIONS: POLICE COMMISSION: LIEUTENANT POSITION: Councilman Wright stated that this was the letter he asked for, for the record. MOTION by Councilman Wright to receive and file the letter from the Police Commission. Seconded by Councilman Harris. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. SCHOOL DISTRICT ��14: SID�WALKS: Councilman Harris stated that he had discussed this matter bziefly with a couple members of the Board and they indicated that they wouLd like to put in sidewalks Por the high school along 7th Street in front of the Parkview School, and to make it worthwhile they would like to have the City, if they are going to have a standard sidewalk program, coasider providing sidewalks along 61st Avenue from University to 7th Street They would pay the cost of the sidewalks ' in front of school property Councilman Harris suggested that perhaps this work could be done in con�unction with the Board of Education as they have an enormous amount of property to do. Councilman Wright stated that if the Council wanted to regard this letter as a petrtion, it was a petition only as far as the school property extends on West Moore Lake, north and south of 61st. Councilman Samuelson said he thought the sidewalks should be continued through. The City Manager said that the Council could ask for a feasibility report tonight, and if they want to go ahead they could ardex a PuhLic Hearing. MOTION by Councilman Wright to regard the letter from Independent School District ikL4 as a petition for sidewalks in the indicated areas and that the Council order a feasibilrty report and preliminary estimates for a pro�ect to put sidewalks on 61st Avenue irom University to T.H. ��65 and on the east b/} nyA !a� �f 4/18/66 side of 7th Street from the southern end of the school property to 61st Avenue. Seconded by CounciLman Samuelson. Upon a voice vote, there Ueing no nays, Mayor Kirkham declared the motion carried COMMUNICATION; CIVIL DEFENSE ➢IRECTOR - EMERGL�NCY OPERATING CENTER: The City Manager stated that the architect had looked into this cAnter once for the old City Hall, but now the Civi1 Defense Director was suggesting it be incorporated wrth the proposed fire and police department. Mayor Kirkham said that he talked to the director about this, and it seemed more natural �to him to have it proposed for the police station instead of City Ha11. _ MOTION by Councilman Wright Chat there be a consultative committee to the architect cons7�sting of the City Manager, Director of Civil ➢efense, Chief of Police, Pire Chief, and a Councilman, to Ue appointed by the Mayor, and to advise the architect that on his report to the Council, he report as to the advantages and disadvantages of using Civi1 Defense matching funds Seconded by Councilman Harris. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried COMMUNICATION: GROSS - ELECTRICAL LICENSL�: The City Manager stated that the City ACtorney would like this matter tabled until the next meeting so that he wi11 have a chance to investigaCe it further. MOTION by Councilman Samueison to table this item until the next regular meeting Seconded by Councilman Harris. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried COMMUNICATLQN: GLOVER HOUSES, INC; CLAIM: The City Manager suggested that the Council direct the City Attorney to make the answer to this claim for $2,000.00 �5 the City Attorney, or in concert with � the Insurance Companies. He explained briefly that none of the property involved is in Fridley, but there is a small body of water on the land and they are claiming thaC since 1954 the defendants have wrongfully diverted - surface water into this pothole depreciating the 1and. He pointed out the property in question on the map. MOTION by Councilman Samuelson to turn the claim from the John I-L Glover Houses, Znc., over to the City Attorney for his handling, and have him geC in touch with the Insurance Committee, The motion was seconded and upoa a voice vote, there being no nays, Mayor Kirkham declared the motion carried. PROKOPIIK - TAXES The City Manager asked the Council how they would like to answer this letter, as most of the questions asked would concern the Counicl's viewpoint. The Council decided that the questions ask for the opinion of the City of Fridley, and they cannot answer for everyone Ln Fridley MOTION by CounciLman Harris to receive and file the lettex from Nlrs Colette Prokopuk. Seconded by Councilman Samuelson Upon a voice vote, there being no nays, the motion carried unanimously. COMMUNICATION: ANOKA COUNTY - COUNTY ROADS: MOTION by CounciLman Harris to receive and file the letter from Anoka County. ' Seconded by Councilman Samuelson Upon a voice vote, there being no nays, Alayor Kirkham declared the motion carried. COMMUNICATION: NORTH SUBURBAN SANITARY SEW�R DISTRTCT - CONNECTIONS; The City Manager explained that he has received no�hing from the distr�_ct as Co what the City might owe them for connections, and that matters were progressiag very slowly. The City Attorney told the Council that the City Maaager, Mr. Bob Ehlers, Mr. Comstock, and himslef had had a couple of preliminary meetings to discuss the master contract and the agreement between the N.S.S.S.D. and Fridley that modifies the master contract, and he had a meeting with Mr. Kohlan and both of their interpretations were essentially Che same so there does not seem to be a quarrel over the contract interpre- tation, but there are some policy matters the Councll wi11 have to decide upon soon. ����� 4/18/66 MOTION by Councilman Harris to receive and file the letter from Mr. Kohlan, and to instruct the City Attorney to request the outline memorandum that is being offered, to review it and comment on it to the Council. The motion was seconded, and upon a voice vote, there 6eing no nays, Mayor Kirkham declared the motion carried. CLAIMS: MOTION by Councilman Harris to approve for payment General and Public Utilities Claims �t8299 through �'k8379 and -0�8387 through ��8447. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. MOTION by Council�nan Harris to approve for payment Liquor Claims �f8453 through ;'k8515. Seconded by Councilman Wright. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. ESTIMAT�S• MOTION by Councilman Harris to approve for payment the following estimates: Keys We11 Drilling Co. 413 North Lexington Parkway St Paul, Minnesota, 55104 Estimate ;{13 - Water Improvement pro�ect 75-A (PARTIALj (Three Additional Drift We11s) Lametti & Sons, Inc. 2560 North Cleveland Avenue St. Paul, Minnesota, 55113 - Estimate 3�k4 - Storm Sewer Improvement Pro�ect ik12 (PARTI[�L) (T.H. ��47, South of T.H. �f100) F. D. Chapman Construction Co. and Randall & Berglin (a �oint venture) 1017 Rhode Island Avenue North Minneapolis, Minnesota, 55427 Estimate �k7 - Storm Sewer Improvement Pro�ect �iF73 (54th Avenue Northeast) and Sa mtary Sewer, Water and Storm Sewer Improvement Pro�ect No, 73-A (54th & Inasbruck Sth Addrtion) (PAATIAL) Comstock & Davis, Inc. Consutling Engineers 1446 County Road "J" Minneapolis, Minnesota, 55432 Por the furnishing of resident inspection and resident supervision for the staking out of the construction work fc�r: Estimate ik4 - Storm Sewer Impxovement Pro�ect No 12 (Schedule A) from February 28, 1966 through April 2, 1966. (Columbia Heights, State of Minnesota & Fridley) (T.H. 4k47, south of T.H. �k100) Estimate ��3 - Storm Sewer Improvement Pro�ect No. 12 (Schedule B) from PeUruary 28, 1966 through April 2, 1966 (100% Fridley) $ IO,Si0.96 $142,704.90 $ 14,755.10 $ 1,755.00 $ 4D5 00 Estimate ��2 - Water Improvement Pro�ect No. 75-C (Schedule 2) from February 28, 1966 through Apri1 2, 1966 (High surface pumps - Three Additional Filters) $ Estimate ik2 - Water Improvement Pro�ect No, 75-C (Schedule 1) from February 28, 1966 through April 2, 1966 (Water reservoir) Estimate �k13 - Water Improvement Pro�ect No. 75-A from February 28, 1966 through April 2, 1966 (Three Additional DriFt We11s) $ 217.50 615.00 87.SD ' � � Estimate y'�7 - Sanitary Sewer, Water & Storm Sewer Improvement Pro�ect No. 73-A from February 28, 1966 through Apri1 2, 1966 (54th & Innsbruck Sth Addition) $ 274.50 Estimate %7 - Storm Sewer Improvement Pro�ect No 73 from February 28, 1966 through April 2, 1966 (54th Ave. N.E.) $ FINAL PAYMENT LOCKE PARK TREE REMOVAL Minnesota Tree Service � 169 Shady Oak Road P.O. Box 399, Route 1 Hopkins, Minnesota 423.50 Hours 217.50 Hours 778.D0 Hours 35.50 Hours 380.00 Hours 613.25 Hours 13.50 Hours Working Foreman @ Tree Trimmer @ Laborer @ Winch Trucl�, with operator @ Crawler Tractor " " @ Chain Saw with Operator @ Stump Chipper with Operator @ Total paid to Date: -0�1 Estimate $3,035.23 �'�2 Estimate 3,619.89 $6,655.12 $4.25 3.95 2.90 5.75 8.95 4.35 17.50 24.00 $ 1,799 88 859.14 2,256.20 204.13 3,401 O1 2,660.44 236.25 $11,417 DS - $ 6,655 12 AMOUNT DUE � 4,761.93 �� �, +��"i 4/is/66 Seconded by Councilman Wright Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried � Councilman Harris said that he had been asked by the Saycees when their bill will be paid or put on the agenda The Finance Director said that this was either paid in these claims presented tonight, or at the last meeting, and he will check for the Council. ' LICENSES: The City Manager stated that these were the license applications that had been received up until 5:00 this afternoon with the exception of the appli- cation fro Red's Club which he had held out because he was expecting a memo from the City Attorney regarding it, and he had received this memo from Mr. Herrick this evening. The Council requested that he read the memorandum. The memorandum listed the statutes regarding the Council's Lega1 position which prohibrted them from renewing a non-intoxicating malt liquor or intoxicating liquor license for five years after a conviction and gave the Council discretionary power to cancel licenses if there is any violation of the City license regulations or restrictions. Councilman Wright asked who was the applicant applying for the licenses and the City Manager said the applicant was Mr. Clarence Huetmaker, signed by Mr, Huetmaker. MOTION by Councilman Harris to grant the following licenses: EXCAVATORS Hartse Excavating 1600 - 91st Avenue N. E. Minneapolis, Minnesota Robarge Sewer & Water 716 Sunkist Parkway Minneapolis, Minnesota Tdeleski & Son 9316 Jamestown Minneapolis 33, Minnesota ' �x - , by: Axe1 Hartse by; Dale 0 Ro6arge by• George B. Weleski RENEWAL RENEWAL REN�WAL ��� 4/18/66 �°?.a—rli;�'Ur,��b , � �t���ibcatcr�g �'�?ati�. 3c C:FS�z�ing {flN.��aG �o�an �2�:�x�.3� �9�.s:�(�. yQLt�� Y\.4���i��� 6Sai.�iiL?��ib.� n�,^,G1i2 (�!• .�i'u37.�C3 Qa°flF1113�i1]j ��,(%'i� iQ:G�i.�4f3�i7�� ��S'_iiG �ODA7� rriTTh2aF3(3�5aY6� �QiLIilD�.,iidi.� �n,�^�3°a'an ��a+:tcc��e. �nc. :aRCS� 1�;TT:�a�.Q Flvcgaaca i.c�,Ch FrYm����resAio, P�T��er�w�rx .� ki'u� y t;G1i^nG: .�".�iiti:3`L En�$�1� C.6e r ;;s� �y�r3a; i�al�e+ �,€,�na9 'r1�sn�ae ��?�13a � Y�linuasss,2a —a�Faro. W^c�w ��.�:7�: ¢1Cg. �z P./� Car. 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EF;r3i'31a;�„ ^c�Slnrtwruta�a 5.`"+�as�2 �y: xCc-,anrst`I� St�i$I1mY�t PI�"iw�rP£eSe bys �i�. i. Sm�th by: SabarQ k�e^�aahn by; Yoouie St. ri�rfa Ww.�i ��e lYf,�"C+L'IJA& 1�:�Sr?:aF. by: Sta�$ey 5. Sny�Sw. I'�:i�4IAY. by: Cz�n�B. W. l�ox�n By; CIt�rIla� 1;nxrY 'L.�°.C;�`�':c74e Z�4� b.°�h7L �y: n�vaa c�. ,sat�a� �,,��s �:��rna. �Y& G. Fl. &�.udwaF.� b�s 1Rc+i�c�:t �9e E3�Reca by: apa��e s:����� eRr bys 3„ L�. Ti�pABn 19i ',f"•Ftd1�. t�.�� ,:,. �uur. Y�i.l"'..'Gl�+p. �,y: �oF.ar.d WohS4oxd i�W 4?;",i�'dP�� �-����,�Y�e;s^¢ i�At+i�*�an� t<'� t.c��2iti4,� R�aGe� ��zn E:.��u: c:a ;�A�-�. �acon 1�.:�'�c?��, �23.�fl�tt��� by: Z:Frrnuz� F3ar�ho;at Pwi,Y�r3'� �d.xdlfl��,c�e,�. A3.a �qsa4.���ut Cw, �lr7�l� C°I��13kO:d. iSti :*.z¢z� us:lw:t3 �2in.xnc��;.mRae, i�flnp��oi� `��:: �,�,^.: rw*aaCfra� � Caa]�S1tia� �o. di.a2a �Qir`'s '1��� St�:ce�9 ��3Sus�a�,�Sa bys Ce A, ��sra �w by: DnvSd Ranr3n It�uu WfAL L�4d ' ' , ' [J � f , � 0 �` 4/18/66 �jG,r:��;13aa Id::c��i1QL'�o ](iYx, fu�s�� I�YnU�+�Ilc� kl*�r:.�i�s i:asWh i1L19:1@.�`�,a3Q�'i6n 1'1:R�i.r".f➢i.Zl � �ge rF.":ic� �h:�e� �-�aCaA. �ns. 8:'b� 5�:� �ng II�t,a ��:�c� P?innsu��Ri�p £•S�raae�oti� ,i�'.^��. 3�d�vlek '.i�^,. �e !1/G �n. L�flR : �A•"s� e'1�cr�ca S�sL•h �i;��rnc,��na�8e. i�iis��srmC$ 5:��6 �- WT�?,-��x�g Il3;�:,�ein� �r d,/� ��� b��'9 tn�ac7r��h iswtiLSZ�; SauCk "St„ �?�4ud,�t3 �L7±f�:p Z{3ltIIG"yC3�rd S t A,���� I i� � .�n�.�'��r C'. �'2IIlv �I.�2 �a�;.�IM.::.� �:(.�'?(� �� ��e��,�p Ei4a�anc�r�s�ttt V/���9 di���k�. f.� �/.i.� 1i�L�N �`i1.fG?F,j�l(�'iina� �d.t:.4J'�i%�Td� Ga ��.Q,♦ F�!fi'V-,i %',�R <�.�rp`i(YPy Y3S!V�l, �,�c�:1 k3�pf�1,�, i:r.n���t� u1�L�i� &3/�,P;� � "�m l ✓.:ii�eSi4R� ��idS:a i.'�171. E�l�(e�4iCJ'd;°� ��a. �',� 1�inuivap��L�ta, S�73nn��e�t�s �'��c; :wy .`"+1�°.ez¢� 1�x�c. 3SS01 S'���P�h 2nc� Stis��at Hiinnc�::p�llia�, t�Ilntau.ss�sta bYe �����C iL�`�a�hA GS'9 4�omffa u2> T�"�sis by; �C�nP4;+ u. �uayi.ar b3°o �.�y' Z�o i�fair��a�a¢n �}�'o `.Y IIliG� L:D li:.. YZ'<3'�.l�.fia�j bp� t;r�a.��1� �,.;2�,',�m��z bY� �4o w1;�¢".c by; 1'�:�lr,gh �E�I[r� E���i5AI4 P�7�i:� �:s:�� 7t�I� �>� ti:�USS1117 lu�lni�li� �11IJ tv� ;'�49.;�L r$1a;.Y:r��i+1� i;� :i��T:i+Lf, The motion was seconded by Councilman Samuelson. Upon a voice vote, there being no nays Mayor Kirkham declared the motion carried Councilman Wright pointed out that�although the licenses for Red's Club are not on the list they are pending %Eor the Council's conslderation. MOTION by Councilman Wright to deny the license applicarions of Mr Clarence Huetmacker for an on-sale non-intoxicating m21t liquor izcense and a tavern license, aad to grant to Mr. Clarence Huetmacker a cigarette 1lcense and a cafe license Seconded by Councilman Harris Upon a ro11 call vote Izirkham Harris, Wright and Samuelson voting aye, Mayor Rirkham declared the motion carried. TRAILER PERMIT APPLICATION - 1465 MISSISSIPPI STREET - NEI: This was a renewal application and there had been no ob�ections from anyone. MOTION by Councilman Harris to renew the trailer permit for Mr Nei. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. CHANGE ORDER ��3 - SS, S&W-0F73-A• The Consulting Engineer, Mr. Comstock, showed the Council a sketch of the proposed change and expLained it for them. -- - — -- MOTION by Councilman Wright that the Council approve Change Order �'�3, SS, S&W��73-A. Seconded by Councilman Harris. Upon a voice vote, there being no nays, Mayor Kirkham declared the motioa carried. CONSIDERATION OF ORDERING IMPROVEMENT - ST. 1966-2: Councilman Samuelson suggested that the Couacil table this item to give Councilmaa Shetiidan a chance to go over the progxamed improvement. ��� 4/lIIl66 MOTION by Councilman Samuelson to table the Consideration of Ordering Improvement ST. 1966-2 until the next regular Council Meeting of May 2, 1966. The motion was seconded. Mr. Donald Savelkoul was present at the Council Meeting and stated that this pro�ect was broken into three pro�ects. Dne of the improvements was requested 6y the church and the people he represents do not ob�ect to anything the church want to do in fronL of their property. The second improvement is west of that, Carol Drive to Baker Avenue and the poepLe were 100% opposed to that, and the third improvement was east of the highway, and the Council's action wauld depend on the crossover wh=ch the people were opposed to. He stated that they , would not want Lo be in the way of any action the Council may be disposed to take on the church situation tonight Councilman Wright asked P1r Savelkoul if the City were, ior any reason, not disposed to seek the crossing, would the people on West Moore Lake Drive upgrade the quality of the street to City standards to match the church and Carol Drive. Mr. SaveLkoul said that this would be a matter for more discussion. He said they did not Like the words "9 ton street" and most of them were happy the way it is. Upon a voice vote, there being no nays, the motion to table this item until the next meeting carried unanimously. RESOLUTION 4i50-7966 - a RESOLUTION ORDERING IMPROVEMENT AND FINAL PLANS AND SPECIFICATIONS AND ESTIMATES OF COSTS TIIERF.OF: STREF'T IMPTOVEMENT PR.OJECT ST. 1966-4- The City Engineer said that the only thing leit off the improvement was 3rd Street from 45th Avenue to 46th Avenue as they did aot want concrete curbs put in. He said that the people who ob�ected were basically on 45th Avenue. CounciLman Wright pointed out that unlike the other people, however, they have paid for an asphalt curb and he thought the City could work out a tax credit for that. Mr. Qureshi said yes, they would get a credit. The Ctiy Engineer pointed out to the Council that in Riverview Heights, Lafayette Street had a low point, and when the storm sewer was taken out of ' the pro�ect they knew there would be a problem. They have discussed this and decided that they can keep draining the water into the four lots as it is doing now. IIe wanted to point this out so that the Council is aware of it. Councilman Harris asked if they were building a curb on 75th Street. The City Engineer said there will be nr, curb as this is a temporary street. MOTION by Councilman Wright to adopt Resolution t'�50-1966 ordering improvement and final plans and specifications and estimates of cost ST. 1966-4. Seconded by Councilman fIarris. IIpon a voice vote, there being no nays, Mayor Rirkham declared the motion carried, RESOLIITION �k51-1966 ORDERING IMPROVEMENT AND FINAL PLANS AND SPECIFICATIONS: STORI°I SEWER PROSECT NOa SC• MOTION by Councilman Harris to adopt Resolution ��51-1966 ordering improvement and final plans and specifications Storm Sewer Pro�ect ��SC. Secoaded by Councilman Samuelson, Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. Councilman Harris said he thought the record should show that the Council requests the City Engineer to provide the Administration with information on what can be done with the intersection in Sylvan Hills. The City Engineer stated that they have taken a quick look at it and it does not look too good, but he is sure they can do something about it. Mr. Qureshi said that he would like to point out for the Council's understanding that once the storm sewer ' is put in, new streets will have to be put in because the present streets cannot be repaired properly RESOLUTION ��52-1966 - RE: STRE�T LIGHTING MOTION by Councilman Wright to adopt Resolution �'k52-1966 accepting the proposal of the Northern States Power Company to furnish all street lighting service and approving all rates, terms, conditions and specifications in the contract. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. � ' � h��V� 4/18(66 RESOLIITION �k53-1966 - A RESOLUTION AUTHORIZING AND DIRECTING THE SPLITTING OI' SPECIAL ASSESSMENTS ON LOT 5, PARCEL 480, AUDITOR`S SUS ir`108• MOTSON by Councilmaa Wright to adopt Resolution �k53-1966. Seconded by Councilman Harris. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. -1966 - A RE G AND DIRECTING TH� S i�i7 S SUB MOTION by Councilman Wright to adopt Resolution �k54-1966 Seconded by Councilman Harris. Upon a voice vote, there being no nays, Mayor Kirkham declared the motlon carrled. 2-1966 THE SPECIAL ASSESSMENTS ON LOTS 4 AND 5, AUDITOR'S ,'�77 AND TC ' THE SPECIAL ASSESSMENTS ON LOTS 4[�1N➢ 5. AUDTTOR'S SUB �k77: MOTION by Councilman Wright to adopC Resolution �k55-1966. Seconded by Councilman Harris. Upon a volce vote, there being no nays, Mayor Rirkham declared the motion carried. RESOLUTION 9k56-1966 - A RESOLIITION CERTIFYING CHARGP�S TO THC COUNTY AUDITOR TO SE LEVIED AGAINST CERTAIN PROPERTIES FOR COLLECTION WITH THE TAX�S PAYABLC IN 1967: MOTION by Councilman Samuelson to adopt Resolution >F56-1966. Seconded by Councilman Harris. Upon a voice vote, there being no nays, Mayor Klrlcham declared the motion cazried. CouncLlmaa Wright asked if this action had gone uncontested. The City Manager sald that 1ne had heard nothing on this. RESOLUTION BY THE ANIMAL HUMANE SOCIETY OF IIENNP�PIN COUNTY REGARDING BULLF Mayox Kirkham stated that the Council has been asked by the Humane Society to adopt a resolution agaiast bullfighting, if they were so inclined Councilman Harris suggested the Council could �ust deny permits Councilman Wright feLt this was �ust a publicity campaign and not proper Council ubsiness He stated they were pre�udging something that probably wi11 never happen and the language was so vague, they could try to apply it to many other activities Mayor Kirkham said that this was a sample of a resolution passed by Hennepin County, and the Council could use their own wording Councilman Wright said that you do not legislate against somett�irg that has not happened and he strongly resists this resolution. MOTION by Councilman Wright to re�eive and file the resolution by the Animal Humane SocLety Seconded by Councilman Samuelson. IIpon a voice voCe, there being no nays, Mayor Kirkham declared tre motion carried. RESOLUTION �k57-1966 A 1?ESOLUTION RECEIVING THE PRELIMINARY REPORT AND CALLING A PUBLIC HEARING ON THG MATTER OF THE CONSTRUCTION OF CP�ATAIN IMPROVLMENTS - The City Manager said that the Council could hold a hearing, but they would not have to order the pro�ect in Councilman Harris suggested it be put on the May 9th Public Heaxing, and CouncLlman Wright suggested that the tlmes of the different Puhlic Hearings be ad�usted so they would not all be held at the same time. MOTION by Councilman Wright to adopt Resolution ��57-1966 Seconded by CouncLlman Harris. Upon a voice vote, there Ueing no nays, Mayor Kirkham declared the motion carried. VG ON THE MATTER OF THE Wi�STRUCTlON OP CERTAIN IMPROVEMENTS: WATER, SANITARY SEWER AND STORNI SEidER PR0.3ECT N0. 79: The City Engineer said that there were two reasons for getting this pro�ect on a Public Hearing. The Highway Department disoussed partiripating in the cost, a "�+ 8 66 but they do not want to wait, and the second reason is a school to be constructed this fa11 The City �ngineer said that the sanitary services and storm sewer off Pillmore Road are not finished and the contractor is anxious to get it improved. The ConsultLng Engineer was asked if Terry's Addition was platted Mr Comstock answered that they have Terry's final plat but it is not recorded yet, Councilman Wright asked when the Consulting Engineer had done the pre- liminary. Mr. Comstock answered that this is not complete yet as they had to wait for the rezoning of Commerce Park before they could move ahead and put the pro�ect together. Councilman Harris said that there was a big swamphole on Terry's Addztion ' and asked Mr. Comstock if he had looked into it. Mr. Comstock said that the street provided by the developer was as good as you can get for an area like this, and the water can drain by gravity into the storm sewer, and the lots will have to be filled. The City Engineer said that Terry's Addition has been back and forth for over a year, if we hold a hearing, we can get it out in the open and at Least take care of Fillmore Street. Councilman Wright said he would like to see a professional opinion of whether it is in the City's interest to have the road raised. Councilman Harris said that it wi11 have to be as high as Rathaway is. The Consa�.kting Engineer said that the preliminaty report will be ready for the hearing. He explained there were three ways to service Commerce park and he will wrap up all the details and give the information to the Clerk, and all three ways can be worked over at the hearing. MOTTON by Councilman Harris to adopt Resolution �F�58-1966 and set a Public Hearing on SS&SW 7k79 for May 9, 1966. Seconded by Councilman Samuelson Upon a voice vote, there teing no nays, Mayor Kirkham declared the motion carried. PROBLEMS RELATIVE TO THE PROPERTY OF LENNY COCHRAN, 6400 CENTRAL AVENUE: The City Manager stated that he had received a letter from Dr. Ellison dated Apri1 14, 1966 relating to the property of Lenny Cochran on Old Central in which he had listed complaints against the care of the property Dr E1lison was present at the Council Meeting and stated that when the building on this , property was built, zt was his understanding that three rows of trees were to be planted to screen it, and he had even seen a nurseryman's drawing of them He said that they had put in a few dying plants that were later removed He said there was some syclone fencing in the back, but it does not screen the property nor does it do any good as the front and sides are not fenced and it is accessible for the children to play there He showed a snapshot to the Council IIe said there is vibration machinery running late at night and he wondered if this is within the zoning restriction of the area The City Attorney said that after a previous complaint against this propelty, he had written a memorandum to the City Manager asking for an inspection report on the ownership and operation and a list of past Couacil action, and he had gotten a reply on Wednesday or Thursday indicating the owner, and the zoning, and the ma�ox portion was rezoned industrial in 1959. The zoning change was predicated upon a planting strip being planted, and the Council had talked about a feace aloag the back. The Czty Attorney said that the Council might require Mr. Cochran to come in and discuss why it was not put in. On the question of operation, the Building Inspector gave him the name of the operator and the information that the nxght time operation is temporary, brought on by the floods, and that this is �ust a temporary location and they wi11 be leaving in July. The City Attorney stated that the answer would have to be yes, that this is the proper use, as it is zoned industrial, but the Council would have the authority, particularly based on the earlier agreeme¢r_t, to require some screening, to restrlct the hours of operation and to send the � Health Inspector and the Building Inspector over to determine whether, in their opinion, there is sufficient evidence of a auisance to start a nuisance action, which would probabLy be the ultimate action the City could take if there is no compliance by the owners. The City Manager said that this has been a problem for about 5 years First it took about a year to get a fence up and another year to get it painted, so he asked the City Attorney for his opinion on what could be done, as he thought the City should find something to force some action. Councilman Samuelson asked if there had not been a special use provision. The City �a 1 � 4/18/66 Attorney stated that he had found no spec�al use provision, and it seems the industrial zoning was a mistake in the first place but if it is to remain that way, ideaLly, the whole area should be bLack topped and screened, and the type of operation should be restricted, so as not to emit noise, smoke, dirt and this type of nuisance. The City Manager said that the Fire Inspector had checked out the burning complaint and found that they were using a proper container and were observing the proper burning hours MOTION bq Councilman Harris that the City Attorne}% direct a Letter to Lenny Cochran advising him of the Council's request that he clean up his property � which the Council considers a nuisance and to conform to Yhe prior agreement about fencing and screening The motion was seconded, and upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried REQUEST FOR A PUBLIC HCALTH ORDINANCE TO R�GULATE FOOD �STABLISHMENTS IN FRIDLEY; Mr. ILenneth Johnson, President of the Country Boy Stores, and five other men representing food markets in the area, were present at the Council Nieeting, Mr. Johnson said it was their desire to instigate proceedings for a PuUlic fiealth Ordinance in Fridley to regulate the food establ?shments in Fridley, He said that Fridley is lacking i❑ health restriceions and would like to see the City do something about it. The City Manger said that the part time Health Iaspector has given a copy of the Edina Ordinance to the City Attorney and has been suggesting various ordinances, but these are 40 to 50 pages long and it takes a while to go through them. Councilman Wright asked af the Chief violation of substandard sale of food items, as they see it, is the milk vending machines or established stores. Mr Sohnson st�id that it would be the filling stations that se11 gorceries, because of the type of work they are doing, the hand washing aspect, the condition oi the floors and ceilings in a gas station. Mr. Johnson said that they do not ob�ect to them if they can be controlled properly. Councilman Samuelson said that ii someone is dispensing products in adequate dispensers he could not see how the Council could resCrict them. Mr. Samuelson said that if it was being done improperly the Health Znspector could put a stop to it. Councilman Wright asked if they thought any restriction could be placed on them, in Mr Johnson's opinion, if they � are using sealed containers. Mr. Sohnson said that Fridley is one of the few communitie� that does not have a healeh ordinance and for $5 anyone can se11 _ food. Councilman Wright siad, not food that they handle P1r. Johnson said they were asking the Council to look into this further. Mayor Izirkham said that Mr. Johnson is asking for a review of the health ordinance regarding selling food, and he feels this is a reasonable request and the Council should review it. MOTION by Councilman Samuelson to refer this matter to the City Attorney to review the ordinance that we ha e on the books at the present time with the City Health Officer. The motion was seconded and upon a voice ote, there being no nays, Mayor Kirkham declared the motion carried The City Attorney said that he had tried to review some of these .-veas, and had started with the misdemeanors and the garbage ordinance and there are some othezs that couLd be reviewed, including Chis one, but they take a good deal of time and he wi11 try to take them one at a time as they are called to his attention or as the Council directs. Mr. Johnson said that every legitimate food establishment would be in favor of getting 6ehind this ordinance Mayor Kirkham stated that none of the�Council wi11 ob�ect either if they can impsove the ordinance PETITION -0�6-1966 AND PETITION �F7-1966, � The City Manager stated that these were tt7o petitions he had �ust received petition �k6-1966 was requesting street and curb on 63rd Aveaue Nortiheast from - University to Sth Street and it was signed by 4D% of the owners and 50% of the frontage Petition �f7-1966 was against street, cur6 and gutter on 3rd StreeL- between 45th and 46th A"enue, and it was signed by 86% of the people MOTION by Councilman Harris to receive petition 1F6-1966 and Pet7_tion ��7-1966. Seconded by Councilman Samuelson Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. �1_2 4/98/66 SANITARY SEWER REPAIRS UNDER DISASTER FiNDS: The City Manager said that Don Marshall had ca?1ed and advised that they do not recommend approval, Uut that the supplemental funds request had been sent to Battle Creek with the approval by his office of the engineering feasi- bility, and Ma�or Thorson called regarding the extension to Ju1y lst on the sanitary sewer repairs and said that this has to go to the Wh�te House for approval. It appears the longer the delay, the less of an emergency type it would appear to be. There is nothing in writing from the government either approving the supplemental request for Eunds, or the request for an extension to Suly 1st, but it appears both wi11 be granted. , HOUSE ON 6591 MAIN STREET NORTHEAST� The City Manager stated that the last information he had from the Health Inspector was that apparently if the owner wants to board it up, he would not have to tear it down right away. He wouLd like to board it up, cut off the power, clean up the yard and have until 7uly lst to decide what he wants to do with it. Councilman Wright said he had had a talk with the owner, and the owner had bought this property with the understanding that it could be brought up to code, and he had proceeded to strip it so the Building Tnspector could see the members and he has �ust overdone it. Councilman Wright said he would like to retract anything he had said that would indicate that it was done out of maLice. He stated further that if theowner can completely board it up and clear the property, and remove the downed tree, and do it immediately, he felt he should be given a reasonable time to determine the cost of demolishing it, construction of a new building, or putting $S,ODO or $9,000 into the present building to bring it strictly up to code. Councilman Harris said that the proUlem is not only the house, but the grounds and it was very mandatory that it was done immediately MOTION by Councilman Wright that the owner be given one week to abate all hazards and secure premxses, and until Suly 1, 1966 to make a satisfactory disposition of the building, either to remodel or demolish, and to direct the City Att��rney to write the owner a letter to supersede the first letter � because oi the receipt of additional information. The motion was seconded, and upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. TORNADO DAMAGED PROPERTY AT 471 RICE CREEK TERRACE: The City Attorney said that he had received a call about another tornado damaged home at 471 Rice Creek Terrace. He understood that a purchase agreement has been signed by a potential buyer. He stated that he has asked the property owner to board it up and this is being done, but it would seem that this was another case on which the Council should decide what they would like done. The City Manager advised that he understood the address to be 841 Rice Creek Terrace. MOTION by Councilman Harris to give the property owner one week to abate the hazards on the property Seconded by Councilman Wright Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. CODIPICATION OF CITY CODE: CounciLman Harris said he thought the Council should consider ordering a new book to bring the City Code up to date He stated that he has seen two books with the same cover where the same ordinance was worded dlfferently in each book. The City Manager said that the previous City Attorney had brought in the new � ordinances to send to the printer to bring the code up to date to April 1, 1966. City Attorney Herrick said thathe had heen using a Uook which said, "revised in 1964", and it actually was not revised, and they should be thrown out. MOTION by Councilman Harris that the codification of the City Code be republished to bring it up to date. Seconded by Councilman Wxight. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. ��� 4/18/66 DEPOSITING LIQUOR FUNDS, Mayor Kirkham said that Robert McGuire had asked him to ask the Council to consider changing the liquox depository Uack to the Camden bank, as he carries large sums of money for the prupose of cashing checks and he fears for his sa£ety, Mayor Kirkham said that he had inquired if Mr. McGuire had sought assistance ftom Che police Department Mayor Kirkham slated that he asked the Police Department if something could be worked out with the Uank, with the Police Department carrying the money, and he had talked to the bank who indicated that it is already done in Spring Lake Park. The liquor man _ � notifies the bank and the police Department carries the money Councilman Wright asked if they escort the liquor man or carry the money. Mayor Kirkham answered that they carry the maney, he said Chief McCarthy preferred this as escorting the car would �ust point out the car, and he prefers not to have other personnel in the police cars. The bank indicated thzs could be worked out satisfactorily Councilman Wright said he questioned whether it was proper for the Police Department to carry funds without being bau�2d, and there were private corporations that provxde Yhis service Councilman Harris said that perhaps the bank would contact one ol the sexvices like "Brinks", and they would provide the service. The City Manager said that there ls no set schedule for carrying the money, and it is done three times a day He suggested the Council let him work out this question with Mr. McQuire. The Mayor referred it to the Adminstration. FLOODED BASEMENTS IN OLD CENTRAL AREA AND DAAINAGE IN MELODY MANOR: Mayor Kirkham brought up two dlfferent problems that he felt required looked iato. He stated that there are several houses that are constantly flooded in the 6asement on old Central below Mississippi Street He showed the Council how the water should be draining into Moore Lake on the map, and stated that there are several things stopping this. There is a build up of dirt so that water cannot get to the culvert, which is too sma11 anyway, and the overflow ditch is blocked He stated that the City should review the size of the culvert and the Highway Department should be asked to clean out the overflow ditch. The City Engineer said that last year the City put in a dztch, and � Mr. Saliterman was instructed in the exact way to make a temporary road for access to his shopping center and he said he would do it, then he put in a sma11 culvert, The City Engineer said that when the road is improved this wi11 a11 be dug up. Mayor Kirkham said that he did not think the City could afford to wart any longer. He realized that it could not be done completly, but the people would feel better zf they saw the City digging through the earth dam. The City Engineer said that they would check it over and request the Highway Department to clean out the ovex£low dltch, Councilman Harxis stated that there are other items that Mr Saliterman has not complied with, and he felt the City Attorney should write a letter setting a time limit when these things should be complied with. The CLtp Attorney stated that he has written on the sprinkler system under the market, but that he would write another Letter about the draiaage system and the screening fences he had agreed to. The other problem Mayor Kirkham brought up was a drainage problem in Melody Manor. Mr. Audette had contacted him and contends that his land is a lake in the back yard, and he would like to have the lake drained The City Engineer said that the City is not involved in any way IIe said that there is a drainage provision in the plat and he had understood that the problem was taken care of. He said that rhe FHA wi11 not release any money until this is taken care of. Councilman. Harris said that it appears Mr. Audette should go to the EHA who will go to the land developer and builder to take care of them. � ANNUAL CLEAN UP - FIX UP WEEK: Mayor Kirkham stated that the Jaycees had contacted him, and they were al1 ready to help with the pro�ect Mayor Kirkham said he wondered ii it would be possible to set aside a temporary area to which the people could take the debris instead of setting rt on the curb, so that it would aot have to be picked up a11 at one time. He said that the Jaycees will furnish the man- power to caxry it away. The City Manager said that the City had four txucks for the pickup, and asked if it would be hauled to a pay dump. Councilman Harris suggested they contact the rubb�.sh companies and see if it could be dumped at their locations, There was a discussion of avaiLable land to use as a dumping place, Councilman Wright suggested the Mayor set the official date tonight and a separate notice, as to the location chosen by the Mayor, could be sent out as soon as it was deczded upon Mayor Kirkham suggested � 7� � 4/18/66 the date May 6 through May 15th as this is the anniversary date of the tornado, MOTION Uy Councilman Harrls that the official date of the Annual Cleanup Fixup week be from May 6, 1966 through May 15, 1966. Seconded by Councilman Wriglrt Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried AD SOURNME N T There taeing no further business, Mayor IZirkham declared the Regular Council Meeting of Apri1 18, 1966 ad�ourned at 11:50 P.rI. Respectfully submitted, �� � - -� � �/-- �,� ��� �.� ,.r �� » � _ , ,���_ Mary Lu Strom Acting Secretary to the Council ����-k �� �� Jack 0. - MAYOR �L 2'/���d=�..� Kirkham THE MINUTES OE THE REGULAR COUNCIL MEETING OE MAY 2, 1966 The Meeting was called to order by Mayor Kirkham at 8;08 P.M. ROLL CALL MEMBERS P12�,SENT: Kirkham, Wright, Samuelsoa, Harris (arrived at 8;20 P.N1.) MEMBERS ABS�NT: Sheridaa APPFOVAL OI' MINUTES, SP�CIAL COUNCIL MEETING OF APRIL 11, 1966• MOTION by CounciLman Wright to adopt the Minutes of the Special Council Meeting of April 11, 1966 as submitted. Seconded by Councilman Samuelson Upon a voice vote, there being no nays, the motion carried. APPROV�L OF MINUTES, RECULAR COUNCIL MEETING OF APRIZ 18, 1966: MOTION by Councilman Wright to adopt the Minutes of the Regular Council Meeting of April 18, 1966 as suUmitted. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, the motion carried. CONSIDERATION OF ORDERING IMPROVEMENT - ST. 1966-2 (TABLED 4/18/66); The City Manager stated that he had talked to the pzlncipal spokesman and advised him that the Council would probably table this until the May 16th meeting, and he was satisfied with this The City Manager said khat the owner of the Shorewood Center was also aware of this fact. Councilman Wright asked the City Engineer if this will hold up the pro�ect for this building season. The City Engineer said that the prospects of getting it in this year are getting very slim The City Maaager said that Councilman Sheridan had wanted this on the agenda, Uut he was not here tonight. Mayor Kirkham said he did not feel the Council should order this pro�ect in yet. Councilman Samuelson said that to take the two items that Councilman Sheridan is concerned aUout, out of the pro�ect would be taking the heart out of it, and the City Manager said that it is almost all or nothing. MOTION UY Councilman Samuelson to table the considezation of impro�ement St. 196b-Z to the May 16, 1966 Council Meeting. Councilman Wright. Upon a voice :ote, there being no nays, declared the motion carried. GROSS• ELECTRICAL LICENSE (TABLED 4/18/66); ordering Seconded by Mayor Kirkham The City Attorney explaxned that he had done some reasearch on this, and referred the question to the League of Municipalities and it is a conclusion that an applicant is not entitled to a refund for past years under the ma�ority , 1 '