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06/20/1966 - 00021433�' � C�` �a ca�¢� 6/?0!66 THE MINUTES OF THE R�GULAR COIINCIL MEETIN� OF JUNE 20} 1906 The Regular Council Meeting of the City o£ Fridley xas called to ordar by Mayor Kirkham at 8:10 P.M. ROLL CALL MII•iBERS PRESENT: Kirkham, Harris� Wright, Samuelson MEMAERS A9SENT: Sheridan APPROOAL OF NIINUTES, REGULl1R COUNCIL MEETING QF JiINE 6, 1966: MOTION by Councilman Wrlght, if there is no ot��ection from the Council, for the adoption of the Minutes as submitted. Seconded by Councilman Samuelsan. Councilman Harris said there was a correction to be mada in the Minutes on page 19 under the heading "T.H. #�� INTERSiCTI0N5 - NW AND SW QTJADRANTS AT I�IISSISSIPPI °TREET AND DECEI,�RATION LAN�' AiV➢ FASEMENT THROUGH MOON PLAZA", He said the xord "curbing° should replaca the word "curving" as 'the first word in the second line af the last paxagreph. Upon a voice vote, there being no nays� the minutes were adapted with this correction. Councilman Harria then noted another correction to be made in the Minutes on Page 18 also under the same headittg. He said the words� "in my opinion" shou2d be inserted in the 7th line� lst paragraph after the words Hol"ly Merchanta. MOTION by Cc�uncilman Harris to amend this correction tu the Minl�tes, Seconded by Councilman Samuelson. Upon a voice vote} there being no nays, the motion carrieal. APPROUA:. OF MIN[TTES, SPECIAL COUNCIL MEETING OF JTINE 1j, 1966: CounciLnan Wri�ht said he wuuld like to call the C��il's attention to the fact that the Charter requires a xaiver v£ assent from absent Council membera to introduce new business. He said he felt this nreaaednre of law shauld be fellawed and all Councilmen informed of ite Mayor Kirkham said that these aomments are very correct and asked Councilman Wright Sfhich itema he had reference to. Councilman Wright said he was raising no objection� but mentioning it as a safeguard. MOTION by Councilman Harris to adopt the Minutas of the Spec�al Counr.il Meeting •f June 13� 1966 as su�nitted. Seconded by CQ�cilman 5amuelson, Upon a vice vote, there being no nays� Mayor Kirkham declared the motion carr�.ed. PETITION # 18-1966 PUHLSC HkARING ON A PETITION - CIASING OF SERVICE ROAD (EAST SIpE OF T,Ha �47 BETWEL'�1 MISSI98IPPI STREET AND TH AVENIIE NORTHEAST.: �� ' Mayor Kirkhan said that although this was not a regular public hear2ng aa such� as it c�as not advertised, it would bn poss3bls to hol3 a discussion, Mr. Carl Nelson read to the Council from a nrepared statement, a list af the objections the petitioners had to the closing o£ this serr.ice road. � It stated that there had been no hearing or announcement that. the road fras t� be closed, and the people had had no chance to give their opinaons. He said that on the praperty owner�s abstracts, a xwad was shorm, and the eaLue of the property will go down with no service drive. He said that the people feel it is illegal to close this road. He said that if accidents were ths reason for closing this road, the Fridle,y palice report showed no acaident £rom Januar,� l� 1966 through May 7� 1966. He mentioned that several peeple who have �ust bought praperty� now f�nd they face an additional 10 block� te reach Mississipni Street, and with the grocery store� there will be that many more cars, and he suggested that on 66th Avenue the atreet me curbed on one side so that cara from the gr•cery store oan not get down 66th. He said that closing this service drive may affect their fire p�otection as the pplicias say they are 2ass than a mi].ea and now it will be two or three mi�es, He said some of the people who s3gned the petition were not as concerned with the elosing as wlth not having a voice in the decision. ��4 6/2oi66 He stated that some of the peonle who agree with the closin�� say that now the children can play in the streeta, but he pointed out� it will only take one car to cause an accident. They feel that with the proper signal lights, the traffic problem could be worked out. May�r Rirkham said that it would not be as simple as just putting up the lights as mentioned. He said that this had be�n the Council�s first thought but when thex had asked the Highway Department, they found it rauch tme expensive and the traffic too complicated. Mr, Garl Helson said that pemple have quit gm3ng to Holly Center because of the cangestion� and i£ this contimiss the3r 3nventory vJll be cut in halY, which would mean less taxes £or the City� so he felt these taaces would take care of the cost easily. � Mayor Kirkham said that it is the State thaL must do this' axid not the C,_ty af Fridley� and he called on the representative of the State Highway Department. Mr. Kurplus� mf the Minnesota State Highway Department, e�lained to the people that a11 the cornera o£ the main interaectior� are giving them prmb�,ems, and they find that when they are too close to the highway they are impossible to signali7a� as there are too many hazards. He said that the Department felt that s�11 £rontage roads should be detached if possible� and they had worked £or over � year with the Council and Mr. Hochze, the City Planner, on this. He said he Pelt it logical to use an adjacent north-south street, He said that when the southeast quadrant is Yinished, the highway department wil7. busld a small center island on Mississippi which wi.11 further eontrol the tr�ffic on Mississippi Street, and again said that the Service Drive w�as ieleted on the 6asls oP the recpmmeniati�n of the Highway Department to the Council. Councilman Samuelsm pointed out. that this was State Highway I�epartment property and they can close it. Mr. Carl Nelson said that they have on their abstr�ct that a service road i� provided, so he feels t�e Highxay Den�rtme�� shc+uld investigate this hei�re they elose ths road. Councilman wrighi said that he appreciated what Mr. Nelson and the other l�nd owners were saying. He said that he had voted with the Council to ' clese this r�ad, and felt the pe�ple should get the full p3cture. He pointed out that a raised median which the State will put in tc the ed�e m£ the State'a prooErty will prevent certain turn-oYis ar turning onto this road. He said that the Mayor was correct in saying that the Council does not have abselute right bvt considerable pressure c+nuld be �ased if the Council had a mind t�, but he pointed out that the Highway Department has agreed to pay £or another street made aecesyary by cl•sing the service drive, and the Counail agrees with the Minnes�ta Highrrap Department that they upgrade a strest a block diatant rather than the sernice cirive right next to the highway. Mr, Paul Dannenberg, 31s R3ce Creek Terrace� asked if the street which would be put ?.a� �a�rrallel would he I�th Street. Councilman Wright said that '�� State will not assiat with purchasing right-oY-xay, but will help pay for the surfacing - F•ot frr foat. He gave as an example 531d Aver�ue which the;� paid £mr as a trade for the service driue which was given np. Mr. Dannenberg said he lives on the corner and_�aow has to go 10 blecks t0 get to kiississippi �treet9 and asked what will have to ta� dane te get the City to pnrchase right-of-way �;a finiah 4th Street. Mayor Kirkham pointed that hames would have to be ta�ken to do this. A v3sitor asked zf their taxes would go dawn now that they cannot eet out� and the f3re degartment cannot get in, She said they xere told there was going to be a road behind them. Mayor Kirkhazn said that the service road mentioned in the abstract �s on property that was never imprmved. � I3s said there 3e right-of-way to the east of the Service Drive. Cauncilman Wright said that the State once paid the property owners £or the right-of-way. Mr. Dannenberg sald that when the petitioners had met in commitkee� many of them realized that ever,ything was eut and dries 6e£ore the peAple had their say, but they apreed i£ nothing xas dene, they would hire a lawyer. Councilman Wright said he sras not de£endinp, that the Council was always right� but a�l�ed if they would be satisfied i£ the Court said the Council was right and thesa peo�le wrong. Mr. Dannenberg said he guessed the,y Weu1d have to be. Mr. Lar� Johnson� 6600 Gentral Ave. N.E, said he wondered if this was being closed because of the probability of someone bein� killed or injured� and if so� in his experience it was justi£iable reason as so�eone�k life xas worth all the cansiderations of sa£ety, : �;) 6/20/66 Mr. Duane Hanson} 365 - 66th Avenua N,E., said that he had signed th� petition to have the service drive opened� if there was no exit or entrance £rom the gr4cery atere� as this would take care of part of their problem i£ there was na service drive. Mayor Airkham said that last October, when he xas Councilman, he had suggested aimply cutttng through the vacant property, but that it was too late now. Mr. James Thayer, 377 - bbth Avenue N.E.� said that the north half •f the Theisen pr�perty is zoned residential, and he asked if a parking lot is put in, coulc Mr. Theisen arbitrar.ily put in access on 66th. Mayor Kirknam � said he did not think he would as he had not asked the Planning Commission. Mr. 'fhayar asked if he could put a curb entr,y into his property if the service road were there, Mayor Kikrham said he would have to have clearance to do so, but he couli. Mr. Swanson from Rice Creek Terrace asked what the City will do with the platted service drive, as it is covered with weeds�nd haa been used as a dump3ng ground for the Highway Department. Mayor Kirkham said the Council _ was not prenared to answer this question, nothin� has been changes as far as that land in concerned� and the weed ordinance onl,y covers nox�.ous xaeds. Several people diacusaed garagea they will have to turn around to have access, Mayor Kirkham said that the City would de what ever they cou�d to help, and xould take the matter o£ the abstracts under adviaement, Mr, Carl Nelson said he thought the City Attorney should be instructed to look into the matt�r, ae the City shmuld have his opinion on wh�fi,her it is legal to clase the road. Mayor Kirkham said that the �ouncil can have the City Attorney da this. Mayor Kirkham thanked the people and said the Counail would see if they couldn�t consider some of the points that were brought out at the meeting� and said that they xould do what they could, MOTION by CQUncilman Wright to receive Petition �18-1966 opposing the Service Drive closing. Seconded by Councilman Harris. U�on a vaice vote, there being no nays, Mayor Kirkham deelared the motion carr3ei, � SECOND READING OF ORDINAPCE AMENDING CHAPTER 56.02 (2} (TABLED 6/6/66)_ Mayor Kirkham asked i£ a representative of the Outdoor Sign Asaociatian was preaent at the meeting. Mr. Dennis Dunkirk sa3d that he was snpp�sed to meet Mr. Arthur CruRe hexe and diacuas it with hi�na but that Mr. Cruse had not arrived yet. Mayor Kirkha, recommended the �ptuicil mave on and see if Mr. Cruse is preaent at a later time. T. �, #!t7 INTEHSECTIONS: Mayor Iiirkham said he understood that Mr. Kurpius has brought some maps oP the different intersectionsa so the Council could gm veer them one by oner Mr. Kurni_us caa� forward and said that he had the maps prcpared by Mr. HQ�e� 57TH QUADRANT: MT. Kurpius said that on tk�e west side of T.H, �l�7 there was no particular problem� He said that Ho7ida,y �toa� is going in there� and they have hir�d an engineer crho is working with tha State Highway Department �n what the signaT situation wlll lool� like there. On the eas-� sirie of T.H, #1�'7, he said that the State�s ansxer ta the Coun��l�s proposal for a one �ay goin� south and then east ia that it is not according to ccmventian te have a onc+ way gsing tAo crpposite vay of the main ha.ghway� and they feel it should remain a two way, and he said thers wera some solu#ic�ns with medians to zllov the road te work as a tv�o-xay, He said they w�uld then � ask £or regulations to centrol the egree from the Drive-In Theatre by making a mandat�ry right turn out onto 7th Street at the time the theatre� is lettins� �ut. He said the,y recommend the median at 57th Avenue be extended back to the easterly entrance of the gas station} and deletian of the front seivice drive. Mr. Aurpius said the median was necessary to control conflict.s� The City Manager said that tiaith the median st�3p €ts preposed providing no possibility of tuming onica T,A. #a7� th� people wi11 ��U" turn around the island. Council.man Samuelson said the Council was aoing to direct the tra£fic up 7th 5t, to 57th Avenu� and he could not see the value of disconnectin� 1�th Street. Mr. Kurpius said that the Co�xncil had not wanted #.o use that street fer heavy tra£fic. Councilman Wright said ii, seema that agreement had been met by the State�s stipulatians to connect 4th Street and have a right turn only out of the drire-in. The Counc:il again discuseed the reasons for the two sesvice drives-in the northeast quadrant. FIr. Rarrow, a visitor at, the Council Meeting� asked i£ the Counc3l was suggesting that bottz servi�c drivea might be kept. Mayor ICirkham said that this had been thr original ��6 6/20/66 proposal. Councilman Samuelson said it had been the Council's intent to acquire property and when congestion goi heavy on the front service drive, build the ane behind the service station. Mr. Kurpius said that. he has heen informed bp Mr. Egan that the State has stopped cnrb and gui�ter constructiun there at present. Cmuncilman �`right suggested tnat the Cciincil declare their poaition to the Highway Department before they leave this intersection. MOTION b�r Councilman wright tt�at it is the Council policy to develdp the germanent constructian of a setv3ce drive on the northeast quadrant ef 57th Avenue and Unir�rEaty, in the area described by previmua motion ae the �rl�0� Graves lot 'r,ce the �ast o£ the D% Station14. Councilman Flright said that , in case the Highiray Department dec3des it is the City�a movea itt light eY Mr. Kurpics' preaentationy thie shoulc3 take care of it. Coeneilman Samuelson said it was hib bel3ef the motion has been madey the City is just waiting for the land acquisition. Councilman Wri�ht said"if bhe motion is unnecessary in the op�r�icm of t,he Cauncil he wonld withdraw it� bnt he sa3d the previmu� motiwn had to do with opening two drives, and this motion goes a helf step +_'urther t� suggest tha� the Cmuncil policy is �o develop th�+ eastern alternative as a service drive, The Motian was seconclad b3* Councilman Harris� and upon a voica vatey there being no nays, Mayer Kirkham declared the motion carried, Councilman Wright asked ii' it would assiet the Highway Department te have a moti�n aceepting the two-way on the southeast corner provtded there ia a connectian to fovrth and 56th. MO`PIC7N by Councalman Wright that the Gouncil establish as ita policy the construction of a twen-way service drive in the southeast. quadrant of 57th Avenuca and University provided the State agrees tc the physical connection of this road with the intersection of 56th and l�th. Seconded by Counci3inen Samueleon. Upon a voice votc� there being no nays, Mayor Kirkham declared the motion carr� ed, �1ST AVENUE: Mr. Kurpius explained that the State proposed on the w�st side to detach the £rontage road at the sauth quadrant and k�uild a slip rama which ' would be vnF way ont� se+uth bound T,H. #la7. Star Lene will be built tm £rontage standards ax�d will terminate at 32tesllite Lane' so thnt residents wishing te �e� to Missi�sippi Street will COTRP, out onto T.H. #1�7 or use inner residential streete as the State feels it is necessary to separate the homes. Councilman Wright asked what would happen tca the present service drive in the f.irst block north of 615t and Mr. Kurpius said this �rill tie in�restigated, and may vm tm the fee owner. Councilman Wright said� in other words� there rrill no be north-so�zth traffic on it� and it mzy revert to parking for the apartment ansl Mr. Kurpius said yes. A viQitar to the Coun�31 Meeting askerl whAt residential street thev xould take ta Mississippi Street. Councilma� Harris e�cplained that the Couneil has a proposal before them which they are in the process of discussing� whieh is the pessibilit� of eonnecting Main Street and Sattllite Drive. Mr« Kurpiva said ihat on the eagt side o£ the 61st inf,ersection tbe State prapose�, a Median barrier to the easterly gas station entrances, and they feel detachment of the service drive should be pursued. He said the Construction of the median wiil control tra££ie until the frontage can be detached. Councilman Wright said that the Holiday prorerty is only half o£ the potential co�mnercial strips and even if only a minimum development �ccured, r�id the State favor the s�utheast quadrant going ire as drawn even 3f the riortheast quadrant were impossible� and Mr. Kurpius said yes. Mr. Kurpii�s explained that the State was propoaing to build a sLig ramp �Pf of T.H. �1�� north�ound, and then it wi11 be one way, going north. He said ' the reason for this was that the State did not build slip rampa ontm two- way frontage r�ade anym�re� and Highway #100 in Robbinsdale mr Crystal wsuld be a g�od example of why this does not work. He said that the City �ill try to get an easement from the Moon Plaza to make this modement passible. `Fhe City Atborney asked if the state proposed to conatruct the mqciian on blst ��nue laefore they put in the slip ramp� as he had noticed they wer� putting in curbs, Mr. Kurpius said they are not dming the slip ramp at this time� and the median will be done at thP same time the slip ramp ie dc�ne. MISSIS'�ZPPI STFtFETo Mr. Kurpius said that this was the restl problem area, and he explained to the people that there was no signal syatem that would give waiting traffic justifiable timing� and there would be aome signs you �� 6/2G/66 could see, that you should not aee which would be c�nfusing. He said they will use an interconnected system which should handle traf£ic very well, so that if a car made the light at Misaissippi he should als• make the signzl at 61st Avenue. He explained that it was a closed system, based on the traffic it counts� and that pedestrians ar� accommodateal, Mr. Kurpius said that the northwest quadrant w�ll be a detached £rontage road in line and across £rom th� southweat. quadrant whach will be two-way then 6l�th will be one way with a slip-on xamp t�+ T.H. #�7. A eisitor askeal how they will cross Missiasippi on this side and Mr. Kurpiva said that it � prvbably eventually trill have to be signalized. Mr. Kurpiu� said s.lso that the Shopping Eenter may find it beneficial tm review their parking pattern according to the ingress and egress of traf£ic, Mr. Kurpius said that in the northeast quadrant, the State had recmmmencle� arad the Couneil passed a resolution t0 delete the service drive, �e ex�lained that the State dmes have controlled access which was purchasad from tha progerty owners. A visitor asked xhy the State could not build an ovex�ass sver Mississippi Street� and Mr. Kurpius said that the Sts.te feels that eventually an interchange xill be necessary, and if they had an infinite amount of funds so they could remove the ahopping center they �ould do it, but they feel ths present plan rrill eperate satiafactorily Yor a number of years. A v�sit�r asked how children were going to get up to Mississippi Street, Mr. Kuxpius agreed that pedestrian contrel was expensive and a real �ral�]em even with a pedestrian brl+lge} as You cannvt makx• the peo�Ie us� it, Councilman Samuelson said that there would be sidewalks on bath sades of tliss3ssippi Street and with the signals it will be a lot safer, and then next year there 5ri11 alac+ be sidewalke on the other side of the highway ta East River Road. Mr. Kurpius said that children should be taught to use the crossing at Missiasippi Street. Coixncilman Wright mentioned that Fridley was o£Sered and tnrned doxn a pedestrian�� bridge through Federal funds, which the City oannot af£ord to do on theix ownr so in ef£ect the Council has been told by the pe�ple they are not interestedm The Red C1w1 parking � lot was disrussed sgain. Councilman Wrigbt said that� Mayor Kirkham�s motion to ga through the parking lot had been suggested before the building was built, and Councilman Wright�s motion had heen for limited access t�n the parking lot� but the otmer knaws that it would become public right- �f-xay in time if he let people go through, unless he raould cl�ee it on� day a year to prrove he owned it� buL the Council aould not ordain that from k,ere. Mr. Kurpius said that going throup�h the parkin� lst was not �ccr- looked, but that it was not feasible. Mr. Meyrers aslced i£ there wa;, room between the building and the propertg line, Mr. Dave Sorenson� an engineer for the Red Oxl Store� said the stare was 30 feet irom the edger and they xould need this room for the trucks unleading. Mr. Kurpiva e�lained that in tlie southeast quadrant the State had d�signed and will build a detachment on 61�th and 5th Street, They also propmsed on ui interim basisx to do something with the land in £ront of the Chr�stensvn property. He said there are limitations on what land is available and there is also a gigantic power pole on this corner. He said that the road would tae slanted so that traffic could still get in, and wo�1d remain a public roadway under the care of the City of Fridley, Mr, Kurpius said the State has had a request frc�m Fridley for a free right turn on the north side oi Miasissippi Streeta but the volwne of traffic there does n�t indicate that it is an essential type of construction. He said they recognize that it is desirable, but it takes addif:ional right- of-way« The �ounty will be grading this week anci it wou1� be impvssihle � to get the right-aP-way fram the Red Owl Store in t�me to build. He said that the State proposes a median on Mississippi Streei, and they have approached Mr. Lundheim on constructing it so the 2�� wide boulevard which exists is elim3natedt which would widen the street in this area by 5� and permit a!�� island. Councilman Samuelson asked i£ it hos te be that wi.de, and Mr. K�rpius said y�s as it must be signeal, and ii' it were any narrower, the aigns woul� be lrnocked flown. Councilman Harris asked i£ there ever was a street baek of Red Owl, uould the islanr3 strip be extended down £urther7 Mr. Kurpiva said that would be up to the County. The Council dzsri�;�r� i,�i=� !'uture possibility of a street going in hehind the Red OwI, and that �ven- tually this $rea may develep commercially as the pr�;:s�i*e could eventualZy be overKhelming. Mr. Xurpius said that in thE soatheast quadrant it was the feeiing of the Department to pursue the detachment and allow 2� between the highVray curb and the curb of the £rontage read. He said that as £ar as turning �� E/2o/66 back propert;�� the ➢epartment feels they sho+x].d not tid thsmselves to any prmmis�s on what can be done with the right-of-aay. He then showed the, Counc�l a mpa of their proposal for this corner� and there was a discussion at the Council table concerning this corner. Mr. Y.urpius said that there was little +�hance to get this done unda?- the present contract. He said the design staff has a program to follvw, and he thinks the earliest it could be ready Yor cc;nstruLtion would be latar next seasan. ^Ice Council th�nked Mr. Kurpius £or attending, and £or the constructive thinking on the City�o problem. � SECOND READING OF QRDINANCE AMENDING CHAPTER S_6.02 (2) (TABLE➢ 6/b/66): Mayor Kirkham zsked if the representatives ot the Outdoor Sign Association were present now. Mr. �unkirlt said that Mr. Cruse is not going to be able to atter.d the meeting, and that he, h�msel£� is totalZy ignarant o£ what the ordanance is about. Councilman idright e�cplained that it was the liberalisation of the sign mrdinance, and that the Council was laoking for a reasonable saae5 but perhaps the Sign Companies are not as interested in this as the Council thpught they xere. Mr. Dunkirk said they were very interested, and he would like to look the ordinance over. MOTION by Councilman UJright to table this item until tha next regular meeting and forward� through Mr. Dunkirk to the association all the Council's records and current draft o£ the Ordinance and any questions from the minutes that his Association may havs to answer. Seconded by Councilman Samuelson. Upon a voice vote� therP being no nays, Mayor Kirkham declared the motion carrir�d. APPLIC�TZOn1 F6R SIGN PERI`YIT - MIKE p�BANNON: Mr. O�Bannon expla3ned that this sign was going to be an Embers Restaurant sign built by Brede Sign Company which will sit on vacant property t,hat hA owns, He said that the sign is dmnble Feced, but the other side has not been sold. Councilman Wright said that parhapa this sign application could be rea�lvecl without an outright denial at th3s time� by being pursued uxier Article 56.10 and re£erred to the Board of Appeals for their re�ommendation. MOTION by Counaflman L�iright to re£er this sign application to the Board o£ Apgeals under 4rticle 56.10 which reqnires a full hearing. Secvnded by Councilman Harr3s. IIpor a vmice vote, there being no nays} Mayor Kirkham declsred the motion cax�ried. APPLICAT70N FOR SIGN PERMST - HOLIDAY STORE, 250 - 57TH AVF�IUE N.F..t This was an applir.ation Yor a temporary sign advertising the stmres opening, and wi11 be removed as soon as the stmre vpens. *tQTS�N by Cnuncilman Samuelson to grant a waiver of the temporar�3 ordinance requirement� f4r a 72� square f�ot sign to the Holida� Store� on a temporary basis anly� until the store o�iens. Secqnded by Councilman YJright, LTpon a voice vote, there being no naysi May�T Kirkham declare�i the mot�mn carried. kPP7TC�!TIOId FOR SIGN PER.MITS - RED DWL STORE - 652s UNIVFRSITY ADENUE NORTfIEAST: The auplicant explained that the one sign wi11 be on the facia o£ the buildir�*, mhe individual letters wi11 be 6� high and vary £rc�n 5�3'" to 9� in width. The other sign wi11 be a pylon sign of an owl ]10 square Peet. The Council looked at a plan for the pylon sign, The Council discussed the placing of the sign. MOTION by Councilman Samuelson to grant the sign permit.to the Red Oxl Stere with the pylon sign beinU placed 10 feet from the westerly line and 1�J £eet frmn the s wtherly line� and that the facia sign be granted on the building preoper as reqnested. Seconded by Counrilman Aarris. Upon a vo2ve vote, t�ere being na nays� 'Kayor Kirkham deelared the raotion carried. iIPPZICATJf�A? FOR SIGN PERMIT - 5695 HACKMANN -�URE OIL (TABLED 6/6/bb): MOTSON by Councilmazr Harris to table this application until it. is again r?quested to be on the agenda. 3euendad �y C�uncilman Zaright. IIpon a voice vote, there bein� no n�ys, Mayos�Airkham declared the motion carried. SECOND RFADING OF' OR.�INANGE #342 REGULATING WATER SOFfENF77.S: MOTIOH Uy �ouncilman Harris to iraive the reading and admpt Ordinanee #3k2 Regulating Water Softenera upon Ser.ond Hearing and Puhl3sh. Seconded by � ' ' �� 6/20/66 Councilman W�ght. Upon a voice vete, there be�� no nays, M�y�r Kirkhaun declared the motion carriede Mr. Meyeba asked the Council what was beiny done to water so£teners, and Councilman Samueleon explained the ordinance and the fact thai, a regular installer must get a permit if he is not a State licensed plumber. :iATLEY - IA T SPLIT (TAHLED 6/6/66)s Mr. Ratley was present at the Cmuncil Meeting. 2'he City Manager reviewed the previous Council action. Mr. Ratley said he wondered whv the let eplit � xae denied be£ore as the lsts are a bigger size than the usual lot. Councilman Wright said that it rras a matter of clarificati0n rather than denial as the Council had not been sure which way he had wanted ti�e split the lot. The �ouncil discussed rrith Mr. Ratley� the fact that there will be an additional lateral assessment on the addit3anal lot that he will have ta agree to assume, MOTION by Councilman Wright to grant the lot sp1St request of Orville itatley for a split along a north - south line into two lots (%0' and 60") on the property at 531p - 7th Street Northeast as per the drawings received� subject to the owner agreeing to aesume the connection oharges on lateral assessments and signing such an agreement. Seconded by Councilman Harris. Upon a t�oice vote� there being no nays� Mayor Kirkham declared the mc�tion carritd, RECE55: At this time Mayor Kirkham dsalared a 5 minutes recess, and the meeting rasumed at 11;00 P.M. ?a04RD OF APPEALS MEETING ffiNUTES OF JUNE $L1966: MOTION by Councilman Harrie to roceive and £ile the Minut�s of the Board of Appeals Meeting. Seconded by Councilman Wright, Upon a voice vmte, there being no nays� Mayor Kirkham declared the motion carriesl. � BOARDTOFnAPPEAISnMEETING MIt3t3TESn-^JU13E 15, 1966; ?*^ "n^ ^T ^T T v^ CANSIDERATION OE' A REIZUFST FOR A VARIANCE FHOM SECTION lyS•21t, CTTY GQDE — m. �.,e� „ „ ,�r „ r - � — � �_ � The City Manager read the motion of the Board of Appe�ls recommendinp, the granting of this �arzanee contingent upon thP drainage and utility easement vacation. Councilman Harris noted that the minutes quete Mr�. Wo�ack as saying the neigH6or was in c m�plete agroeme�nt and wonder�d i£ this was checked out. The City Manager said that notices are sent out, and i£ they are not at the meeting, it is assumed it is alright with them, MOTION by Councilman Wright that the variance for construction af an attached garage 3 feet £rom the north line of Lot 16, Bl4ck 2 Parkview Heights Addition be granted with the atipulation recotmnende3 Uy thP Board of Anpeals. Ser,or,rlpd by Counc3lman Harris. Upon a voire vote�there being no nays, Mayor K3rkham declared the motion carried. BUILDING HOARD MEETTNG MCNUTES OF JUNF 8, 1966: The City Manager read the motion of the Building Board appraving ihe aesthetics of the nursing home� with two exceptions� and recommending that no building pesmit be granted until i1i11 conetruction and landsaape plans and speci£ications are presented and approved by the Building Inspecta�•+n Department. The �ity Manager said thai there was still a road easement involced t,hat theY are working on. The Winslox representatzve was present and ahowed the Counoil the plans. The �ity Manager pointed out that this was not £or a building permit yet� but i� the Council approve the aesthetics} u�inslow and Associate�, Inc, can g• ahead with the final plans and specificati�ns. �oa 6/20/06 MOTION by Councilman Wright to concur with the Build3ng Hoard and appreve the aesthetics and general. plc+t plan of the nursing home of Winslow and Associ,ates� Irc.� to be located west of Unit�r Hosgital, south of 76th Avenue Northeast, east o£ Sth 5txv!et, and north of 75th Avenue� subject to the dedication of a 30� street easement £rom the s3de of their property for street, Seconded by Councilman Harris. Lipon a veice vote, ihere �eing no na,yg� Mayor Kirkham declared the motion carried. r.r�r+�tUNICATTONS : COMMONICATI�JN - HOLLY MERCHANTS ASSOCIA�ION - CIVIC CENTER: MOTIOI�' by Councilman Harris to receive and file the letter from the Holly Merchants Assdciation. Seconded by Counrilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. C��mcilman �n'ri_n,ht said that some peoole present had showed some curiosity as to the content� of the letter, and explaired that the letter stated the posztion of the Holl3� merch3nts which e3cpresaed their belie£ that the present site o£ the City Hall is the best one for all concerned. CL�PR�IUNICATION: MHS. JAYCEES - DANCE AT LOCK_E PARIL: Councilman Harris asked if requests for the use of Locka Park are not cleared through the Parks and Recreation Department. The City Mana�er said that up ta now ths C:it� has not �one through a reservation system, 3nc� althaugh bser is permit+,F�� they thought they wcntld call these requests to the Council�s at+�nt.ion wherc� beer zs �nvolved. Councilman Harris said he assumed this was an ope�n dat�. The City P4anager said yes, otherwise they would not have put it on the a�enda. Couneilman Wrigkt said this really should go bef�ire the Parus anc� Reereation Commission. The City Manager pointed wt that sometimes this would be impossible. Mayor Kirkham said he thouoht that Mr. Brown was to handle this. The ��ty Manager said ,yes, he handled the reservations� but t,�,st t,his item deals with beer. Cour�c�lman Harris said that this will be after tYie regular picnir, houre, £rom 9sp0 until 12:00 and they are not selli_ng ticket9. N!OTION by Cou_ncilman Wright to recei_ve the commun3cation from the Mra. Jaycees. Seconded by Counr,ilman AarY7a. Upon a voice vote� there being no nays� Mayar nirkham dec7_ared the motaon carried. r,Oi�IUN7C�1TI0N: RICHeRD HERDER - RESIGNATION: Councilman Wright reauested that th�s letter t+e read to the Public, Mayar K� *�kham reari the letter al�,ud. ?IOTION by G�nncilman HaxriG to receive and filP the communir,ation from Mr. Eerder re�?.gning from the Fridlew Human Relations Commi.ttee, and that a letter o± commendatian be gent to I•ix�, Tier�er for his serv3ces rendereci. SPCOnded hy Councilman Wright. Upon a vo9_ce vote� there being no nays, Mmyor K�rkham declareci the motion carried. COMP7IINIC?LTI�bT: OLIVL Hi�"RDER - RESIGNAT70N: Mayor Airkham read alon�l the leti,er from Mrs. Herder resiPn�ng £rom the Building Board. MOTION b,y Counci-lman Wright tm receive and file the cemmiu�ication frem Mrs. Herder resigning from the Building Board and that a letter of appreciatton for serving on the Building Board be fmr�aarded to her. Seconded bg Counoilman Harris. Upon a vmicev vote, there being no nays} Mayor Kirkham declared the motion carried. rpMMUP1ICATiC�N: 1�[NNE50TA JAYCEES - USE OF LOCKE PARiS: MCITION by Councilman Samuelson to raceive the letter irem the Minnesota aTa}cees. Seconded hy Conncilman Wright. Upon a voice vot�� there being no nays, Mayor Kirkham dacZared the moti�n c�rried. � ' � _L bl2o/6� CONTINUED - RF;GULAR COUN(tIL MEESING M'INUTFS OF JIIPIE 20r 1966 COMNIUNICATION: KIWANIS CLUH - VENDINC MAGHINES: The City Manager said that the Csty has never giv�n these waiver€. t� ar�yane and may want an opinion Prom the City Att�rnr,y. The City �L+,tonr�ey said ti,at he would like to give this some censideration, he said that many serrice cluba t:aPe this kine o£ machine, but he would que�tion the waivcr of lir.ense feess � MOTION by CounciZman Harris to refer thi s le+.ter to the City !�tt•orne�� for his on9niwn. The motion fras seconded, and upon a roir.e vote:, there bein� no nays,� Mayer Kirkham decland the motian carried. COMMUNr�ATION: MiNNESOTA HIGHWAY DEPARTMENT -�3RD SIGNAIS: The City Manager pointed out that they are not programming this si�nxl until Januazy= Februazy �r March �f next ,year. Thia is a bpel intereerti4n and Skyiamod Mall t�rmuld like the date pusher,t ahead. He suggested that the3* request the City Attorney to draw a reaoluti4n for the next meeting aski.ng all p`asible haste t� have it installed aownere ?;OTION by Cowacilman Harria t� re�ei�.e the cemmur�cation frem the Minnesota Highxay Depar#.ment� authorizin�r signslization •f 53rd t�vanue3 aad requsst t.he City AttcrnAy te draw a Resolutisn asking £�r all possible haster Seceadcd by C�uncilsian Wright. Upen n vsice vote� there being no nays, Mayar Kirkham declared the motion carried. COMMUNICATION: BOA�.D OF HEALTH � REPORT: MOTION by Councilman Harri.a ts receiw� the a^cport ir�m the Board of Heat*.h, Seconded by Counci3man Samuelson. Upon a voice vot,e, there be�ng na nays, Mayor Kirkhaan sleclarcd the moti�n carried. Mr. Barr�H, a visit�r to the CoUnoil Meeting asked fer an idea �£ what was � contained in this report. May�r Kirkham eacplained thnt it listed ail the prmperties that had bcen checked eat because of complainta and what acwiAn had been taken. Councilman Samuelsan said that he theught this was a fine job, and that he thought Mr, Hensley was doing a warvelou� joh, He said that perhaps it,c�ul� be posted on the bulletie� board, ThP City Manager said that hr did not' giv�e this to the press b'ecause i1t could cause smbarrassa�en� te s�me people had h�.d not realized there wsa s�mething xrang an their prGperty. C�uncilman Wright pointed out tha.t sametimes th� feG �wner 3.� not the aocuFant. Mr. Rarrerr said he would like to see°iP Mr, Samu�alse�n�s sugg�stion could nnt� be follewed ne that interestzd ps�p]e could look at the reporte Mayor Kirkham said he `rmuld hesitate on thia as! by the tizne the Counczl get� #h� rer�c�rt2 most �f the pepple have usnally complied. Mr. Barrew asked if the H�usirag Authmrity could see the repart, MDTION by Cauncilman Wright that present, pzst, an� future Health Reparts be made routinely available to the FHRA, Th� moti^n was seconded and �a�nom a v�ice vat�e, +.hPre being no nays, Mayor Ki�rkham decla*�^.d thr. mmtion czrrled� Gouncilman Harris suggested that if an item were ts ap�ear two ar thrc� times on the list then it could be published. Mr. Meyers asked what kind Qf penalty xould be imposed if it were on the list three times. The City Manager explained that after notiae is given it can be cleaned and assessed a�ainst the property. � MO'1`IOAi by Ceuncilman Harria that if complaint� and prahl.ems o£ this nat�xrT ,�ppear tMCe c�neecutively on the rep�rt £rom the Board of Health9 the itema wi11 be pasted on the bulletin board. Seconded by Councilman Samuelswn. Upon a wsice votea Councilman Wrigh#. votin�r nag, Ma�rar K�rkh�m declared the mution carried. CCMMIJNICATION: LE;A('rUE OF WOMEN VOTERS - PARK PROPERTY: Councilmax� Harris said that he believed the Lea�ue of Women Voters have brwght up some concrete and interesting items whioh the C�uncil ought to review. He saSd he thinks these questions shc�ul� be looke�i intm by the Council and the Administration, and try to come up with some palicy that would ansxer many of the questions raised. � 6izo/6� MOTION bv Councilm�n Harris to receive and file the letter frmm the League mf W��.cn A�te�. Secemded by Council�nan Samuelsmn. Cduncilman W�ght said he wauld like t,o ask a peint of information. N� askei if it was anp member n±' the Co�mcil�s undera�,and3ng that the City'hae ka3> c+£ficial actian of the Council adopted a policy for a site location for the Fridley C9ty Aa11 �ommittinS •r bindin� tha Council. Mayvr Kirkham said that the3 were not b4und as they could alxays change their mind� and he was af the opinion that the Council did agree that the Lmcke Park Site be adoptedb although thia aas not at a convened meeting. Covnci�mars Wri�ht � said that of tbe n�epl+ present at �,he meet,ing� only three were memhera of th� Council. Councilman Harris said that the contract was entered into � aft.er tha first af the year, as he recalled. Cauncllman Wright asked i£ the Council xe�arded enterin� ints a eontract with an archit�ct as a publio adaption of a policy fer t]�e location of City Hall� �r as in other maiters c£ planning, a feasibility investigatiarn. Councilman Sameulson e�eid he felt you waxld regard �t as a pml�_c�F as an architect cannet pr�ceed xlti3out �nt lenR*, ravin�; the �ite location to p]an the bvildin�. Caunailman Wright said that in many cases of planning, the fact that the planning is dene does not mean they are going to complete the imprmvement, it takes a�eparate vote to execute �t. Ceuncilman Aarris said perhaps not in this �a�e� ars the contrar_t en#.ere� ints was not only a design on the building, but sitm preparations for the construction ef the building on what the area srzs eomprised s£. Cauncilman Wright asked if i,t was their understanding then that when the Covncil .rders buila�ng plana and r�ite proparatlons and �ther studies n�cessaryy they are committir�g themselves? �ouncilman SamueZson said that he would say so. Ccuncilman Wright said he would then assume the Counr.il hAS a contract in effert on a similar design on tdie present sitz that has never been rescinded by actibr. oF the Council. Council�an Haxri.s said he £elt this was n�t i_n eadstence any more, if it was paid fa+r, it was completed, Mayc>r Kirkham said that the City is certainly not gainr ta build tt�m City Halls, and his theughts were th�t when ihc CounciZ abandoned one site, and went to another, it meant the Counc�l would build on the second site. Co�uncalmara Wri^ht said that peon?e ccmr. with quertion9 that require an � ansWer and he feels they shc�uld P�t one, sA he is requested that the agenda actually have a resolution speci£yzng the Council�s intent ta �?��ild a npw City Pa11 or ihe L�ck� Park Siwe� if that is the present consensua, and get �.t on the rec�rds. Councilman Harris pointed out that the Council has reservsd the right� to rei�se any and all bids iP a particular design Were znr�patiblP or mrre costl3� than the mn�,.y available, Council wxight saii #,hat the int�s�t does �ot commit the Council to any particular deaign, but he �'RSt, t,he pub]zc wac entitled to some assurances of a plan at a given monent� ancl if the Council w�oulel want to chanhe� fine, but he would like ts se�? it on the agenda ?.ra any £�rm the Cwa�oil wcruld like te draft it. Mr, Barrsw said he felt it should bE en the agenda for an open meeting, *aith the people of Fridle� befcre prwceeding too far. He said they r�Alizc tk�e financaal end has to be r9alistic� but the feeling is that lt 1�+ bein� railr�aded thron�h. Mavr�s Kirkham said he had no ob�ecticn to having it an the agenda at the, next meeting. Gouncilman 5amuelson said he did net think the Counci.� had enough �nformatzon. Councilman Wright said they coulci be shawn the preliminaxy plans. Councilman Harris said he felt it would kre adviasble to have the architect heret Councilman Wright said that if this is txie current t.hinkit�g an�i the current ir�tent, depending on the feasibilitYs tht people could 6e t�lal that it is thc Council�s pslicy� xhen �1C3(t1AY8 all the necessary infermationi to hold a Public Hearin�. Counoilman H�.rr3s saii that hc agreed xith this idea, and the Council could use some discretion as to when to hold the hesring so that they hav� all the answers for the people. Councilman Samuelson said they rould not talk financial figures until they , xere kramm and the ��nci1 man Harria said they could show the intent t� hold a Publir Aeari�tg when tha Council has the Sigures, and the date o�uld be set up to b� compai,ible with the arehitect. Srr1?'F up�n the mrt�t,i�n ta rec=.?vF the letter irom the Lea�ue c�f Ylomen Vmterst the-te lat5,n�; na r.ays, Mayor xirkiham declared the motinn ca*�ra.ed. 1��r,�DA�I by �m»cilman Wright t;h�+ �he Counc�7 request that at it4 next xePnl�r rneeting there be on #�he agendaY a reaolution indir,ating the Ce��ncil�s intent as te t,he 7.ocatio� af the future City Ha�ll at this time� and the Council�s int,ent to ca�1 a Public Hearing when su£iicient facts are available to explain the decision, ar lack of it' to the puolic, Seconded by Councilman Harris. Upon a voia� vot,e, t�er� being xao nays, Mayor Siirkham �eclarc±d the motion carri�d. `4 b/`�o/66 BUILDING INSPECTDR MON'1�iLY REPORT TO CITY MANAGERs MOTION by Councilman Harris to receive the monthly builr3a�g ��°^tsrss report., Councilman Hzrris azid that i£ the Council agree.s ha would �.3ka to add thia item to the agenda, as he feels it should nonnally £all undFlr communications, esneeially the "Estimated Valuations of Buildinp Permiis Isaned"� He said that as Chariman of the Fridley Industrial Commission hr Was �erg proud �.� s�e the acceptance of Fridley is continuing to �row, and although the total figure on the dollar �er 'this year, the Altera�ion� and Additions and tha Hospital make u� over $3��000 ef �hat figure so the City is rcrosiderably ahead •f last year� and he �tated he feels it is a credit te our comrnunity � that we are progreasing us we aro. Councilman Samuelson said that the thing that was h€+artwarming to him was that at the Industrial and �ommercial level, the City was almost !� timea what it was last, year at #h�.s time, Cmuncilman Harris said he £elt this repnrt ou�ht to be cons3derad as a, cmrmnunioation when it appear�y because he feels it is their responsibility to pramote the City eT H�idley� and thia ia one way to do it, The motion to recei�e was seconded by Councilman Wright, and upon a wice vote� there being no nays� M�yor Kirkham declared the moti.on carriad, SET DATE FOR JULY �y, 1966 COUNCIL MEETING; MOTION by Counc�lman WriPht t� hold the official meeting mf the City Cotuacil on July $� 1966. Seconded by Couaic3lman Samuelson, hlr. Liebl� a visitor to the Council Meeting, said that there was one Councilman vho was elected to the C3ty Council} but never shows u�. Councilman Wright called £�r a point of erder� and asked that thia be declared out of order„ i2ayor Kirkham told Mr. Liebl there was an item relative to this on the agenda. Upon a voice vote, thex+e being no naysa Maywr Kirkham declared the motiocz �arrie� APPCINTM�,TITS; �COMMITTEES): � BUILDING BOARD; Councilman Harris suggested the name of Mr. 9�1"� -TPn�en who is riith Suburban Engineering fur appointment t� the Building Board� He said he was very qualiPiad ta serve, was willing te serve� and would L�e a credit ta the City. MOTION by Councilman Harris to aopoint Mr. Bill JGnsen to the Building Board to replaoe Dr. Eugene R. Chenette who is leavin� Frid'ley, Seaonded b;p Gouncilman Samuelson. Upon a vmice vmte, there being mm �avs, Mayor Kirkhzm daclared the motion carried. BUILDIN(3 BOAt?D: MOTION by Councilman Wrzght that the appoint�ent to fill the vacanc� cre�'h��l hy the resignatian mf Mr�s Herder ba tabled to gzp� the ��her members of the Council 40 hours nutice t� check this outm Seconded by Councilman Harrls. TJ��n a woice vote� there besng no naysa Mayor Kirkham declared the motion oarrAed, IiUMAN RELATIONS COMMITTEE: Mayor Kirkham said he x�uld suggeat Mr„ Robert Buak]�yt Lecke Lake^ Road� te fill the vacan�v aaused by the resignation of Mr. Herder on the Human Relati�ns Cemnittes. ' MDTION by Councilman Harrie to cancur with the Mayer and apprint Mr� Robert Buckley t� the Human Relati�na Cemmittee. Seconded by Councilman Samuelson� Upon a voice note� Cmuncilman Wright vating nz�y, M�,�ar Kirkham d�clared the motion carrSed, FRZDLEY HOUSING AND REDEVF.I.OPME[dT AII'1HORITY: Mayor Kirkhan said the FTiRA vacancy wlll be the replac��ng of Reverend Robea� Aendall. Councilman Wright called f�r � poin+ �£ inforana*,��n, anci asked by what authoritv did th�e Mayor find the vacancy. Mayor Kiskham said he was sure the Councilman Wright recalled tha Att�rney General's report, rrhich was reported on by the City Attarney at the last meeting, and as Mrb Meyer paixiteai out st the last mee�ing� the same condition exists with Reverencl K�ndall, Coun�ilman Wright said that the State Att�rney C=eneral"a opinion was not directed at Fridley, but the City mi H�pkine� and there is prececience in � 6/zo/�6 AttArney Cieneral's opinions ciiracted specifically ta Fridley, and he remindei the Csimr„�1 a£ the fi�ding of inrompat2b3�it,y oE the Asssciate Judge anal City Attorney and said that at that time no attempt Was made to say that the mnst recent Council appointmeni was voic� f+r�n its iacegt�an� n� one said that� t,?�� g�tinr had nnt been taken pa�perly, and the persmn in that positien rras informed that he had a choi¢e, and he said it xas customary to res3gn �t!n firet appointed position, Counc3lman Wright said that af ior any reason the two pc�sitions are ine0mpatible, and this would hava t� be found by the Atternep General or a co,art order, even then the 3ndividual 3�4OU1(I }SAIIC a chmice o£ what to �s?gn, and 3n this ca�e he Y!as and3cated that choice by rea3gning �he pra.or appairt�ent, f.ounailman Wright said that there was hee� a lsng and legal history whexe Couxacils have tried to remove menbers of the FHRA , far cause, and in every sin�le case, to his knowledpr,, the Council had had �nr� right �m remmve. He said he wonlsl rather n�t like *o see this tested in court a+ xrnnecesaary e��ns� to the Citg, Co�:�ncilman Wri.pht said that it was clear t�a him that until they g�t an Attorney General�s rultng �► this F,�rticular cage to allorr the nerson t�s remove the incompatibilitq as was �xtended an Mr, ?ierricR's case9 both this declarat,zon and the preceding �ne, in resnect to Mr. Herder, �;r the Mayor are inv�lii, He said that the swearing in o£ Co1�ne1 Hofi'Man has not takea effect and been cleared, and will not un#il these defects have been removad. Mayor Rirkham said that Colonol Hofflnan has been ssrorn in hQfsrr, tw�* xiLnessea, Councilman ?�lright aaid tha� if he waul� �lneck ?he lsw� he wovld find that was �nt �fFici�xit. Mayor Kirkham saj�� that Gouncilman Wright was making a parallel r£ tx� r�fif7ce� that are nmt paral]_al. He said that if he wotLld campare them he would find the mattes a�� a ljttle different, as it is n+at a matter �f imcempati- b�lity, but a matter of not bein� eligible 3n the first place. Couiacilman Wright asked if a Speci�l Municipal Judge, in his opinie�r was eligible f�r appointment as Cit�r Attorney? The City Attortteg anawered that he felt Gauncilman Wri�ht was canfusin� �two cla�rlv distinguiehabla legal questians, Chne •i inr.o�npatibi'"!t�,� in @fFice, where a peraon is hmlding an o£fice and ar,�eepts an a�pointment to an incompatible Affiae� he autmmaticall.y resigna his £irst pmsition, He sa3d that the question here is not one of inc�mpatihility � of officea, but eli.��bility fos appointment� and there i� no parallel what- soever. Cour.cilman Wxight aska� him what his crite�ia was. The C;_tv Attorney RR�fl f.l'13t, a.t wae the law describing the people available for anpointment t� the FHRA} which excludes those people who hmld public office, He said that they coul3 at this time, i#' they wishe+�' resi@n the incompatible office and the Council coul€l, if it wished� then reappoint them te the FHRA� but the doctr,ines are d1£ferent and the resixlts are different. Councilman Wri�t said he felt the City ef Frid].cr should not hav� only cm� manrs apinie�, and he would ].ike to have the Attorney Generxl�a aninion to make sure that they are doing thia properl�. The City Attsrn�y said h!� thinks the !!ttsa*ney (3Fn�ra1°s oninion is clear in Hspkins, and elear as i�t gertaina t�a Fridle�. Mr. John Meyers read a le*ter io the Council that he had preparedj which statsd that the E'HRA does not ree�gnizt the recent action of the City Couneil in appointing the Ce�7sne1 Hc�f't'man in plaa;e o£ Mr. Her�er mr anyene appointed tv replace Rr_+veren� ��ndall, Ccarncilman T3�rris said that the Ccc�nr_il T.rapoger� the a�1 plannsng pre��r.am, and adv�^.�ted the updating �f planning procedures. Mra Mey�r said ]he �s refersing only to the FHRA and ne�t any ether planning in Fr3dley. Councilrrax� Wr3ght aaid that ihe appointee has told h3m he i.� �ppe�ed to the ?�� prognm also, Councilman S3nnielson asked Mr. Meyer�s if he held the FHRA in a higher echelon than the G3ty Council_, Mr. Mr.,yer said that the P'HRA it� separa,te � ^rr�m the Couneil and ia chart�red under the State of Minnesota. Mr, Barrow ' said that i£ the Cmuncil is s� sure it is right� why not get a ruling. S3e asked if the Mayor woul� resad t.he letter from Reverend 3tendall. Mayor Kirkham read the letter fram Reverend Kendall in which he z�es3gned from the Fr3.dley Httman Relations Connnittee ta make his appointment still valid iS thc Attorne� �eneralrs �+pinion 1� not ntraactive, or eligible for reappoant.ment to the N1iRA iY the Att�rne� General's �pinion is retroact3ve and bindin� acrosa the Statr„ Mr. Barraw said that a.n the interest af harmony in Fridley� he vould thlnk the Counc�l wouie� want to pastp�ne a�?y ac.+ion until there i9 a ruling £rnm the A.tterne�r Genernl, he said he ccaulrtl see ne reasen t� ride "raughshod�' ��rer xnyone, Mayor K�rkham said nrunning roughsh�dn xas Air. Barraw�s opini�n, an�? �+e di�i not feol they xe�ce ��x'unnir.g rnta?hsho�" at all� and he did feel � � �- �, 6-z��55 the Council should not have to run to the Aitprn�y C�eneral fa: an opinion erery time they turn around. He said that we have a Gity Attornsy that has rule� on an �pinion and the precedent has been established,. Cmtineilrnan Wright said that the City Attarney has donc it 6efore and bean averruled b,y thp 4�t�rney General„ A v3siter aeked May�r Kirkham what obj�ctions he had to Reverend Kendall as he is rrilling to:serve. Mavor K�rknam said h� xmuld prefer to have him on tha Hwnan Ralatisns Coamr�ittea, and th�t he wwld not have appointed him to the FHRA in the firaC place. He :caid hr. had another individual whe was al.s• rr�lling to serce. He said that Reverend Kendall has �contributed a grea+. deal alrso to the Human Relations Commit�te� and waa instrumental in organizing it and as the Mayor�s latter to him indicated, he Kould appreciate his eont3nuing to serve on the Hu3nan Relations Committae„ May�r Kirkham said that he felt that the action he teok in re�ard to appoint�ns Qalonel Hoffman to the vacancy r+as valid, and the naming af_ a rcp�acement te+ the vacancy that now exista due to the similar case with Raverend xenual] i_s `+rx �rrder� and he said he wwld name Donald J, Mua^i� 6310 Uan Buran Northeast to the post, Mayor Kirkham said that in trying to ksen in harmony with the pattern that was already sstablished. Mr. Muri is Deacon at the Raptiat �hurch. He said he did not want to embarrass any of the me�ers ef the Ministerial Asa�ciatima sa he cltaae this gentleman xho has been actin� as lay assistant to the pastmr at the Baptist Church, He said he would have asked the minister, taut he was not a resident mf Eridley. 240TION by Councilman Samuels�n tm c�ncur xith May�r Kirkham, and appeint Mr. Donai�' J. Muri to the Fridley Housing and Re�ir�+�e�opme�t Autharity„ �ecended by Councilman Harris. Councilman Wright said he would like the recox�l to shox that he ohj�ctad t� this prmceeding, as he did to ttta replacemer.t c�f Mxm H�raie�� aG impronex� and illegal as the declaring o£ a vacancy unilateraly tay the Msyor is ?�n al] respects unprecedented and illegal. Mayor Sirkham said that the record :,h4uld also show the opiniaa of Mr, h'right ind3cates +.his in unilateral„ Ha said tha± he Yeels that he is in fonformity witr the Attorney General�s rulang and the opiniviz of the City Attorney on the Attorney General�s ruling, Counailman k�right said that the Mayor had not made it in £�rm of ,n moti�n, t�as tad declared it and not asked £or a Council m�tiQn� Cnrnr,�2a�an Wrivh�`, acked jY this was c�rrect. Mayor Kirkham saa,d he recagnized lthe £act that a vacancy existed. Ae said he did not need to d�clars it, i:.h� At#,c�rney General dec�ared 3t ir. his ruling. Councilman Wri�t said he woulc like the re��rc� to shrnr that he objeatecd to that ar being false, TrC�i'E upon the motion by roZl call: Y>irkham, Harris, and Szmu�lsen votcd ay�� '*iright voted nay. Mayor Kirkham +iPClared thz m�tic%n rarricds APPOINTMENT: CITY EMPI,OYEE: ?�+CYfION b,y Cour_rilman Harris tm conr,ur with �he City Manager and appra�ve the followlnp appointment: NAME Jac�uelin� Ann Purce7.1 Frldley� Minnesota POS7TICI3 Special Assessmenta Clerk 3R%.ARY $33S.00 RFPLACES Carel Sohnso�n Seconded by Coun�ilman Wright. Upon a voice vcate, there being no nays, Mayor Kirkham declared the motion aarrie�. MOTION by Counc:lman Wright� t.o re¢eive ths letter from Reverend Hendall � and that a letter be written thanking him £or his services on the Hwuan Relatians Commi�.tee. Seconded by Councilman Harxis, Upon a voice vo;,a, there being no nays, Mayor Rirkham declared the motisan carriral, MOTIGN by Councilman Harri:� tm rPaeine and fitA the cenrununicati�n from Mr, Meyer. Seconded by Counoilman Samuelson, Upon a vo�ce vate, there being no nay� May�r Kirkham declared the notio� rarried, RN;SOLIiTIUN #86-Z966 - CITY HALL USE POLICY: The City Manager handed out a cepy o£ the policy that xa� su�geated� Ee said he and the Citg Attorney had talked tha_s over, and they fe�l it mak�rR good sense as a policy. Mayor Kirkhsm explained ta the p�ahli�r t,hat the City Attarr.ey had been asked to draw up this policy and read the policy to them, � 6-20-66 NOTSON by Counciiman Harri_s to ad4�st Reso2ution #86-1966 incorporat3ng the memu from the City Attarney r�n the use ei ��t,y Hall and equipment. Se.conded. The Csty Manages asked i�' they regardec� �1 a year a rer.sonab]e f�e. Ca�z!*cilmam ��?eris said that this shonld be eg to +,he City ManagFr� depending on any littering r3on�, or the cost of cAran up., 9�1TE u��r the motion: IIp�t a vaice vote� there Tieing na nays� Mayor Kirkham d��l.ared the motion carriesi„ TPA�F�C ON PSEP.CE AND DELLWODD: MOTION hy Caunc�lmatt Harria to tablc this item until Seconded bg Councilman Samuelsen. Upon a voice vote� Mayer Kirkham dec]ared t,he mntian carried. POL,7CE COMI�ST'tEE REPORT� the nr,st regul�r meetinap there being no nayc+3 Counci�!m�an S�muelsmn said that s��e o£ the Offtcers representinP the �rroup had invi+.��} him and Mayox Rirkham to meet, and they hac? had a�ery nice ronversation. He said this was �ua�ier the ;Pu]1 reeagnition of Chinf Mc�arthT, He said the basic thing they hRd discu:,sed was the equalization ef pay, and he said t.hat he theught that the Council should be arrare that this was the major facst o£ dissatiRfact�on as £ar a� they were concserned. Mayor Kirkhsm ��i�3 there was to he a meeting the next evening of the P�lice Cnmmisaion, kSanager and himself, requested by the Police Gommission Which may have s�me bParing qn t,his als�. He said they worild prohably have a report f�r the Couneil at the nexr reo�ar meeting. CONSIDERATIGN OF FINFS FOR M15SING C�i1P�(`SL MEETINGS: ' The Ci�y Manager said thaC he had gotten this system e£ Yining Srcam Richfieli� 2nd they think they are the a�tly ones who have one. Mayor Kirkham said he +�ho��ght it was a gc�od idea, and that he woula like a simi.lar plan for Fridley. Coun�ilr3an Samvelson said he theught it� was a gmod idea. Councilman W��ht �sbserved that no member had misseai mare than thrr,e regular er three special , m�et•in�s� and that thet�e are usually b,y reasonab].e excuse. He said the Counctlman Sheridan��s nast ahsences have been due t• his former pos�tiAn, but n«w he will k+e able to attr.nd regularly. Hc said that af the time Councilman �heridan erga arle to attend,� he was here L00� c+f the time. C�uncilman Wright said that �this wonld �3isrr�.mznate aga�_nst any memher xha has had ne crarn�ng �f 3t. He SAid hA had agreed to #each tha.e summer in Wiseonsin, but will make every possible ef£ort ts attend Grn�ncil Meetings. Councilman Wright auggested that this be braught up f•r consideration at the first meeting af the reewalar ra]endar y��r^ t,a apply t� subsec�txnnt. time� Ccn,ncilman Harrls sald that it is the r+�sp�n��bi.l�ty �_f' the Crnmeal MembBrs to attend for their ward, and for the C�,�,y pf �sj.dley. He said that there srill be times •f conflict laccause of businesG and health, He said that if he missesd, it was hia respansibi.lity to s�r 3t does not happen without cause, and it shovrs the good faitY, of the CmL�cil to att.end every meeting. Councilman Wright. said he agreed with the substan.^,� and �eneral fairness c+f this idea, if it ia executcd at Lhe prmper time„ Mayor Kirkham said he would like to see aomethir.g like this adopted. He said that the CounciZmen hxve run fo*- nffice, and this required thPir attsndance at meet�.ngs. He sa3d it could be retro- active ear placed 3n artion at any time the Council wanted. CounciAman Wriglxt said that when the �ounri]. is organized is the time. MOTION by Councxlman Haxris tca receive th�l9 fines �+chedule and have 3t appear on the agenaa at the next meeting, on the assumgtion that all memhers be here for a discussion. Seconded by Crarncilman Samuelson. L(p�n a voiae PO'f,Cy there being no nav�s Mayor X�rkham ierlared the mmtion carried. REPORT �N BELTE�F SANITARY SEWER � 6].ST AND IINSVEASITY: The Consulting Enginees had prepareci a repnrt mf a preliminary nature on the possibilitq o4 a relje£ sewer on 61st Avenue. He shoWed the Council a map k.�th �rtails of the pe�ssibility. He said +,hat he had discussed thi� wi*1� N.S.S.S.D. and it wou].d b� P�seible to const^�irt, a reliei sexer disehargir,� by grauity i��t• the N.S.S.S.D. �n the zrest side of the railroad tracks, He explained te the Counci� khe area that would be cormnitted to tk�e relief sexer. He said they have not che�ked into how many properties will be invelveai, as they thou�ht they shAUl� Pet mare direction from the Gouncil on how much fhrt.her alang the,p want to Qo before they computed the REC�s. Mr. Comstock showed the Counci�, the cost fieures, which vould amount to apprcoximately �36'OQ� tv r^el3eve the area Fnd ar, additi�nal amount +�Y �18�{?C�Q would not have t� �+e sgent on contemplated repair. Mr. Comat�ck aaid that the big, cost � involved is the REC connection to the N.S,S,S�D� Se said the D�str.�c� ncommended a metering device which would p�ck up the amount of :Flow when it was being surcharged int� their liney and there z�*ould have to bP a suppleT mental agreem�nt far payment, as they rrill want t� make a REC d'et�rmination for this area and a charge f�r metered over£lds�r, Councilman Harris suggested they accept the report and the Admiriistratioe could determine the RECs,involved. Councilmsn Samuelson said thai, the,y could see what they are facing. AiQTION by Councilman Harrie te accept the feasibili�y st�zd,y from Comste�ck , and Davis and direct the A�ninietration to cempute the charges and the co;,t� involviu�g the RECs encompaseipg the area outlined. Seconded by Cauncilman Wright. Upon a vaice vnte, there being no na,ys, Mayor Kirkham declared the mation carried. � � LICENSES: Mayor A3rkham asked the Council'a permie5lon to move the I,irenseg ��F on the agenda. The Council agreed. MOTION by Councilman Harris to appr�ve the fo5.lornng licensesz FXCAVATSNG: G+mrry Hennes Sewer & Water 27z4 s,�nset Lan� Aurnsville; Minnesota GAS SERVIGES: Spetz & Herg, Ima, 6�21 Lyndale Avenne South Minneap�li.s, Minnesota 55�119 Fred Vogt & Company 3260 Gorhan Avenue Minneapelis� Minnesota, 55�t26 GENERkL GONTRACTOR: Chet Anderson Construction Ca, �O1 - 97th Avenue N.W, Coon i?apids, Minnesota Hnrold F, Julien} Bldg. Cont, �c�ute �l� Ancaka, Minnesota Park Region Developraent 3242 Highway �8 Minneapolis, Minnesota, s5lt18 Fred 0. Watson Company 11�09 w'illow Street Minneapolis, Minnesota HA:ATING: Fred Vogt & Company 3260 Gorham avenue Minneapolis� Minnesata' S5l�2b MASOI�TRY: Sto�:e & Bendiske 781K Gloria Circle Minneapplis� Minnesota, 551�32 PLASTERING: Ben Ruf£enach Plast�ring Co, 3611 York Avenue Nnrth Minneapolis� Minnesota by: Ger� Hennes by; Erne;t R� 3petz by: Fre@ Vogt by; �hester I. t�n3es:9on by: Harold E, Julien by: G.'H. Staf£ord by; Frederick 0, Wa+,;.Un by: Freci Vogt by: Jerc:tnp �,+,one by; Ben Ruf£vnarh NE47 RENEWAL RENLWAL RENEWAL RENEWAL RF.NEWAL REi�;�,�tA L RENEW9L R �NEWAL RENEWAL �, � 6/20/bb ,� t 6/2o/fi6 CAFE LICENSE: Jimbo's Pizz�. E148 MissiScj.ppi Sti�eet N.E. Fri.dley� M�nnesota CSGARETTE LSCh'NSEa Jimba�s Pizza 21�8 M�.ssiss3npi St, N, E, Fx•idleyy Minnesota Aomans Pure Oil $695 Hackmann N�E. Frilley, Minnesata DELIVERY TRLICK LICENSE W 9uhurban Dazry Dish P. Jv E�ax 721�5 Camden Station, Mznnesbta LIVESTOrK LICENS�': Terry Heilman b261 Atle Stsest N.E, Frldley3 Minnesota SERV7CE STATSON LICENSF; Romans Pure Oi1 ��i9$ Hackmann Avenue N.E. Fridley, Minnesota Fridley� Sliper Amer? ca 7lirl East Ha�er Roael Fr�dleq, M�rm�sota U�°iGD DAA LOT ZICEN"r � �t�virj Sr,r;mP�ke $6l�9 LT��ver�i�y Av�na�c Fr�dip;�� '?+�n�sata �31VD7N�'r TRUCP 3,I"ENSE: b,y: James W. Scheoley by: James �. Sr.haoley by: Raman Trautt by: �ayt� R. Aendricks bys ?'erry HeiZman by: Roman Trautt hy: Aarbr�ra Baucam L�;� Oavid Sohme�ke P�olar Pear Z�rll•e�ee Ice Cream Company Z ?i�? gi dgemant, IfSnnea�oiis 27, Minnege�ta by: Robsrt W. Taurin� NEbT ATE'41 � R1�EWAL NE'S+T NE4J RENEWAL RENEWAL AENF�4IAL RENEWAL and to aLso apps�ve the license of the Royal Aluminum Preaducts Company (Sheet Tfetal. Cnnt�ractor). �er,pnded b,y Councilma:, Wright. Upon a voice aote, there being no nays� hlavax Kirkhasn declared the motion carried. Cotznc'.?man Wri�hi said that Mr, Hi�cock, the applicant for Red�s Club, was pr�sent and he th�u�ht it wa� 3n �rder� iY the Chair agrees, to aslc Mr. H�scwck any questians the Coun�il may have. Councilman Wright told Mro H�srool� that the Council had a rou�3ne review, which is made withaut r+.•�ommendation, from the Police De�artment, which is made o�i 13censes of this kind, He asked Mro Hiscock if there were an,y violations, alleged or judged� that would have nay bearing on his caparit,y to run the establishment. Mr. Hascock answered� n�ne that he knew of. Councilman Wright asked if any oi the matt+�rs on the rr��;�rd inv�lued liquor in any way. M±^. Iiiscock said� n�o Gouncilman Samuels� asked if he was buying the estabZ�shment or had an option on i�. Mr, Hsscock said ❑o, but latA* he may. Councllman Samnelson asked him if he had run an establishment like this before, and he had not run one but that he had worked at the Dipper on 21�th and Washington and had worked in his home tawn in St. Stevens. He said he was employed by a Truc's Grain Servicey and will b� workin? the two jobs, Councilman Sarrnaelson asked �P he thaxight he could hand]e a11 the aesponsib�.litp under ttae license, and he s�i.r_1 yes. Cou^cilma,n Wright askeci Mr. TPr3stca� Attorney for tha Huetmakers, to come for�,rard, �nd he was shown the ¢nnfident3al document which he read through. There was a conferenre at the Cnunr.il table between Mr. Terpst.ras #he City Attorney and the Counca7 on dif£erent pointe in the police rep�r�. � 1 � � � 612o/G6 MOTION by Councilman Samuels�n that the applicanta as presented} with the £orms and records as presenteda be denied the lioenses as applied £or, Seconded by Councilman Harris. Councilman Wright said he opposed t,his, but that he agreed at ihe last meeting that he would nat contest trie decis9on if it was unanimous� which it sbviously is. IIpon a voice vote� there being no nays, Mayor Kiricham declared the motion carried, :pOSSIBLE ADDITSONAL STORM SEWER TO PIC% UP DHAI^IAGE (NOR1'H F�ID OF SYLVAIV PARK�: � The Caneult�ng Engineer explained the contents of his report to the Co��ncil,� Ae said that the survey had be�n made becauae the Council had asked what could be done on the i.ntersection. HQ reviewed for the Rouncil the reasons this problem had developed in the first place. He said this plan may or may not Be something the Council will xant to undertake„ He sa3d it tiaould alleviate the problems but that it is not cheap, The Cztv At+,orneu said that the Coun�11 will want to know the impact o£ the assessm�nt s!ar�ad. Crn,�ncilman Harris� asked the City En�ineer what he had found when k!a had checke�i into one of the corner:+ o£ the inter3ection� The City �nginesr said that the street could net be ratsed becauee of a garage. Mre Comstock said that this construotion •f an additional storm sewer shauld really be along with the relief sewer if it is decided upon� as they would go in at the same depth in the street anai it would be $10lQ00 to $12�000 below the two estzm:�teg if they are done t.o�ether. Councilman ?Tarria said that this was ver,y expensive� The estimated cost of $70}000 would make it over $20'0�0 an aar�, Mre Comstock said that this xould also take care o£ the intersection, MOTION by Counci].man Harr3s ta receive the repu+rt o£ Comstock and Davis regarding the Sylvan HiJ ls Park Drainage. Secox!dp�3 h�r �'�uncilman Wright, *Sr. Comsteck said tkiat it would require 11�000 cubic yards of excavation or the project will not £unctian, or they �rould have to settle for a s,yst�tm less than designed. Councilman Harris asked where all the yards would comr £rom. Mr, Comsteack said from the park sit�< Gouncil�an Harris suggested � they put in a pond inaocessible £or play area by £encing, and rather than dig up the xhole park, dig rne sump hole< `Phe �o��n�il s�ir;Aated the Consialtin� Engineer prepare a plan to givn the Couaail an idPa o£ tae size of hale needed, VOTE upon the motion to receive the rep�rt: Upon a voice vote, there being no nays, Mayor Kirkham declared the motian cnrr9+°�, �'AVRE BUILDING PERMIT APPLICATION: MOTION by Councilman Wright t� table this item� The motion was secc�nded by Cauncilman Samuelsm and upon a voice vote, there being mm �aya, Mayor Ki_rkham declare& the motion earx�3ed. HLAVINKA LOT SPLIT: MOTIOAS by Harris te table this itEm. Seconded bv Cauneilman Samuelson. I3pen a voice vote� there being no nays, Mayor Kirkham declared the motion carried. REDUEST.FQR F&DERAL FUNDS - MELQBY MANOR PARK: The City Manager said that Pau.l Brown had advised h,m that there would b+ another application for tYte Council"s consideration, He explai�e� that the yity will pay $31�00 and xill reaeive $31y00 from the State and will receive $6$00 frem the Federal Government. The City Mana�er said that this must b� in tm Mr. O�Bannon by the lst of July� and Coun�ilman Wright said that this � amount had already been eaxmarked by the Gonnb�}r Fe,r Frzd],P�, MOTIDN by Councilman Harris to accept the principal of the the�rp whi�h will be adjusted in a supglemental agreement, and ai�thorize nacessary �i.gna�,vrpaA The mot�on was seconded, and upon a vozne vote, there being na nays3 Mayr�r Kirkham declared the motion carried, ?tESOLUTION �87-Z966 DESIGNATING LEGAL NEWSPAPER: Couttrsilman Harris said that the Council�s acti4n on dasignating the 1e�;a1 newspaper quarterly was justified as they had siimulatsd a nex newspaper and upgraded the news oP the existing newspapsx. M4TION by Counr,ilman Harr�.s adoptin� Resolution #87�19h6 tha+, th«� Fridle;� Record by d�sigmzted for the remainder of the year 1966� and that at the first � �/20/�� meeting �f ]9�+7 have both newspauers brin� in a certifieal audit oi ciraulatian to h�]� the Coun�11 make 3ts decisien. Secondecl b�� Ce�unc3lman Wright. Upon A -roiAe vote, there be3ng no nays, Maymr Kirkham declared the motion carried, RF�SC?LUxS�N �$8-196h APPROVING GRADE � CSAH 8: The City Engi.neer explsine�3 that the County �.s impirovir�g Osborne Road from T.,Fi„ ��7 tt� C�:7�� Gentsal, The}r a�ce just puttin� a mat mn it anc� �nat ourb and �utter at th3s time Event��ally� he aaid they t�d?1 have concrete curb and gutt�r, MOTION b,y Coi.u�rilman Wright t� adopt Reaolutiat� #88-1966 llpproving the Grade - � ES�'�F? R, Sflr-onded by Gouncilman Harris. Upon a n�ar.e v€nte, there being ne na�+rs� May�r Kirkham declared the motion carrieu�._ S�Sf�LUTIC�d #8�-19�� ADVERTISIPIG F�4 EIDS FOR ONE NEFI 5,000 POUND G.P.W, VAN_TRUCK: The C�ty Manager explained that thiw tnll ba for the usc o£ the Liquor N[anager� and although thas car is startin� to shsw wear, the Admin3stration would like to get the rest oP the xear �nt of it by lettin� the Assessor�s o£fice use 3t. ?'he Counc�l thought this w:a,g a o0od i��a�. MOT7QN by Con*�ni]man Wr�gh* +Q adopt RPSOlut3on #89-1966. Seconded by Cc�unriltnun N_arras, U�nn a voice vote� there being no nays� Mayor Kirkham declared thP melti.on csrrie+�� RFS(jj,�7TT��J �qQ �,g66 C�RDF,RSNG ikIPROVEMENT �1ND FINAL PLANS AND SPECIFSCATIONS AND ESTIMA7'ES 4F CpSTS TH�.HEOF: STftEET IMPROVF�fII�IT PROJECT 5T. 1�.y HAnnENDIIM ,� � �ns Grn�mcil c�iscussed *he �'ac+, that Mr. Pewell and Mr. Kay w�re �p�ased to the project an 63rd Avenue. Councilman Harris said that when sth Street is co�ne�teci he coul�i �Ae more justiFication For it� but that he could not see much ntarposc to it naw. R?�'!'SON by C�unr3lman Wright� t� ad�;+t Feselation #90-1966 ST. 1966-ld (Addendum �2) , dele*ing the Imnr�avement on 6�rd Avenue. Seconded by Councilman Hanr�.s. Upmn a voice, vate, there b.ing mm �ays, Ma,ymr Kirkham cieclared t4+e m�+*ian carrie�l. RESOLLTmSON �91-1906 ORDF,RTDIG TMpROVEMENT APPROVAL OF PLANS AND ADVERTISING FOR B7DS s ST�dFET TI,lPR�UFn7II�JT PROJEC�9b�-7,0 (SEAL COATING : CounciLman Harris said ha xas glad t�a see this jo6 getting underwa�r, ?�O�ION bv C�uncilmfin Harx3a t� ac�opt, Res�lution #Q1-1966 for ST. 1966-10 {Saal Coating}, Seconded h�;r Counc3lman Wright. Up�n a voice vote� there beang nc� nays, Mayar Kirkham declared the motian carried. RESOLUTION �92-1966 o A RESOLUTION ORDERSNCt IMPROVEMENT APPROVAL OF PLANS AND ADVERTISING FOR AIDSt WAT�'R SANITe�RY SEWER AND STORM SEWER PROJECT 79t .^.ouncilnnan Harris said he thoz��ht the City xa� nat going to service Terry's �'1at, The City Fngin.er eacnlained that this xill be jnat on EYllmare Street tc� service the SchoolD and that this r�oes not �ive him any assistance. He said that these project� ha�rr. been ordered in by the C�uncil, this is ordering the bids. i?OTT�N by Councilman Harris to adopt Res�lution #92-1966 �or SS&SW �79a Srconded bv C�uncilman Samuelson. Upon a voice vate� ther� be�ng nc� nayr� '�ayor iiirkham d�c�ared the motion car�S.ed, Fi�SOI,UTtON �93-196F� - pRnERSNG PRELSMLNARY PLAI3S, SPECSFTCATSONS AND ESTIMA'iE5 � OF 7"=�E's COSTS THEREOF: STREFT TM?ROVEMEN'� PROJECT 5T. 19�i -2 ADDENDTI�i , 2ji � The City Mana�er said that two petit��ns had been reeeived on this preject� the resL xas bv letter� The �ity Engineer e�cplained where the sidewalks wot�ld g�. �ouncilman Harris said that Caral Drive to Eaker Avenua should be delek�d unt2l the 5treet 9� 3mpravPd, as it would give tgouble when building the �treP#,. S�iaymr Kirkham said he wondered what �ood sidewalks from Baker Aaenae to N� €�h�ray �6!� wi11 ha. ThP �ity Attorne,y said he questioned that, also, and asked what. the �ounc�l po�5cy was on asaessing churchea. Cauncilman °zmuelson answered 100�. The Cit,�,r Atanager said that this would help channel �ha pPOple to�rd the preper walkKay„ .T!JTION hy Covneilman Harris �o adopt Resolution #93-1966 fer ST. ]966-2 (�d!iendum #2), deletinP West Moore Lake Llrive, Carol Drive to Baker P_venue. �eeonded by Councilman Ramuelson. �Y 6/2o/GG The City �rtgineer drex the Covncil�s attention to � n�e b1�ck lengtl3 oS blst l:venue frt�m ilniversity to 7th Street with asphalt curbing and he said if ar;ything was going t� be doas w�th the rosd, all they wonld have ta do woxil.d be to put an overlay and concrete curb on i.t, he sai� �+therw3.se ±# is a dauble prviceas, fiPSt yeu go in and pui, sidewalk in and then next tbe curh, He s�+id that this could come Srom the State kad Fund, The Council said that it, makes sense to do it� and it shculd be done raeht i.£ �.t is goin� to be done. Mr, Qureshi said that the Asnha.Lt rrrhin� really is not toa bad, perhap� �t cou]d be left for awhile and come baek to it later, Councilman Harris said that the City will be doin� other• aoncrete curbin� prcjects through the City? anci it would not b� �uch to add this te some � other pro�ect. Councilman Wr3ght asked the Cit1 Engir,eer if vt was �orrer.t that he was propoa�nn to put a nex mat on ii to match it �ip witYa t�he other ones, and he answereda yes. POTE upon the motion: ilpon a voice vote� ther� be�n�; no na��e� Ma.yor i�lrkham declared the motion adopting Resolutinn #92-?"f� carried. RESOLIITION #911s1966 - RF:CEIVING THE PF.ELIMINARY RFPQRT AND CPI�LTNC A PIIBLIC HEARI^IG ON THE MATTER OF TAE'CONSTHUCTION OF OERTAIN IMPRO�»NTS: STAEET PRAJFCT ST� 19 ��2 ADnENDUM 2: � �' MOTION by Councilman Wright to adopt Resalutior� #9L-]966 � ST. lq6b�2 (Addendum #2). Seconded by Councilman Harris. Upe�n a voice cotex ther� k�etng no nays, Mayor Kirkham declared the motian ^-�rr'�ed, RESOLUTION #95-1966 TO COMME;NI) 1�C1NAL➢ BEAII➢ETTEz MOTION by Councilman Samuelson to adopt Res�luti�r� #9�-19E6 commQnding L�onald Beaudette. The metion was secondedr and npon a voice vmtez there heing no nays� Mayor Kirkham declnred the moticsn narriad. fiESOLUTSON �96-196b TO C�MMEND IRACI TAVARES DE OLTVIERA: MOTION by Caunczlman Samuelson to adopt Resolution �j96-1966 commerc�ing � Isaci Tavxres De Oliviera, The motian was seconded, and u�o+� a vo��P *��rte, there being no nays, Mayor Kirkham derlared the m�tior? carr3ed. :tE50LUTI0N �9']-] 966 T4 COMMH3�ID THE MILTON BA3TEv5 c MOTION by Cpuncilman Samuelson to adopt Resolutit�n #97�1965 commending the Milton Baileys. The motion was seconded, and upon a voace vote� therQ bein�� na nays� Mayor Rirkham declared the motir�n carried„ cLarr�s : M(1TION by Councilman Harris to approve for payment General and PubJ.ie Utilitie.^. Claims #8831� t,hrough #8952 and Liquro Claims #66 through #1l�5� The moticm was seconded� and upon a voice vote, there being no nays, Mayor Kirkham decJ.are�d the mot3on carr3ed, ESTINiATESz MOTIGN by Councilman Samuelson to anpreve thc follr»war�g estimates: Comstock & Davis, 7n¢. Conaulting �ngineers 24�16 County Road '�J�� Minneapolis' Minnesota �51�32 � Estimate #1 for ilirn3shing of a snrvey part,y to the City fer Stree#,Improvement Projsct 1966-1� (Schedule A7 from April !�, 1966 through May 26, 1966 (Plvm�uth Addil,i�n} (See Resolution #68-1986= May 9s 1966 agenda $ 1a05$„�p For the furniehing o£ reaident inspectien and resident supervision for the staking out of the cons#xvr.tlon work for: Eatimate #9 - Sanitary Sewer� Wat�r & Storn? Sewer Improvement Prc�jeet Number 73 ��'xc,m May ?,, lqb6 throngh May 28, 19� (5�tth and Innsbruck 5th Additic�n) $ 235,00 Estimat,� #!� - Water Improvement Preject Number 7s-C (Schedula 2) from May 2a 196b thz�pugh Ma,y 28, 1966 (High Surfaee pumps and three addi�t,ional filter$ - Cammons Park) $ 1Q�.�Q �� E+/20/66 Bstimate #!s - Wattr Improvement Project Nwaber 7�-�C (Schedule 1? from May 2, 196b through May 28� 1966 (� Mil�ic�n Gallon R.eservoir} Eatimate #1� - Water Impravement Project Number 75-� from May 2, 1966 through May 28, 19bb (Thre� additional drift �,rella) Sui3. Sc,lidifiers, Inc. i0601 Olsan Memorial Prive Minneanolis� Minne�ota, 5s�27 $ 378.T5 $ 1G0.00 Es+amate �1y (Final) for work completed on �.�.P, Di3aster Sewer C��aning Program 1965-66 in Aacardance w�th tha Contract �1r�660.l� Ea+akley Surfacing Com�any, Inr.., 3756 Grand Street Northeast Minneapalis, Mi�nes�t,a, 5Sh2� RFtimatA #1 (Partial) Strce+, Irnprevement Pr�ject Plumher ].966�1 (Schedule A) (�ak Grove Acidition� P�.ver*�iew Hei.vht._,, �t,r�l �� mo*�rt�;� waW seconded, and npon a voic� vote� there bF�in� no nays? May�r Karkh�m d�elar��1 the motion carrie�. JA�P PETERSpt�� S�t�FS nF DANCFS� $2fi,1�5.81 !:ounci�man Wri�ht s�i_d that �Fames PPterson would like to hpld Monday night !�anoes £rom n�w until Sept.�mk�er Kth £rom 8:00 until 12:00 at the Kni_ghts af Columrus Hall as a private enterprise. He said he has talked to Ohief 1�tr� arlFhy an�] ha� a�reed to all res?ric•tint�4� sn� wi71 k�ave !� pa3d Minnesotz Uni,uersitg Sn,othal7 F1ay�er� as chapPrones. Councilman Wright said that the Knights of Columbus wn��].d like some worci in writing that the Council had no vb�cc�,�on. Counr.ilman Harris asked if there wrnil� be an o£f-duty policema� r_�r�reni,, anc? Counci]rnan Wright said that there wcmld be at least one, as Mr. Pet.eraon had said he woulci do what ever Police Chief MeCarthy propased. MOTIUN by Cotu+,^�lanan krr�gh� that the Cj+u Manager `rs�ite a letter to James Peter;;on approving the proposed Mond�y night dances. Seconded by Counailman Samuelson. Ugon a voice vote, there heing no nays� Mayor Kirkham declare+i t,hP n�ot3 �n rara� ed. PLAN�iING COMMISSIDN: Cpuneilman Samuelsmn said that on July 9th the Planning Commiesion advert3sed a Publi�• Hearin� on a piece ef pr•perty and only one member of the Planning Commass�on and Mr. Wagner shoxed up for the meeting, He said ha £elt this was a poor clisplay mf �overnmental practice. The City P4ana�er said that ��- �alling the members of the C�mmission� they had £oiind out in time that thr,re wau]ed nat be a quonam and notices had been sent out to the interested ritizens. �o�ixic�lman Wri�ht asked iY a letter should be written to the Qoimnissien about thetr at,i:endance. Councilman Samuelson said that when a Public Heartng is advertised and the Planning Commission cannot even �tt,end their own �seeting, ii, shrn�7.d nct be run in this wau. C�i�rcilman Harris s�id that in the iFti.er he rroFose�1 to the Ecnmail, he indicated ti:at he felt some renr=an��a*i�n was needed on the Planning Commission and one of the pointa he lx�� m�des on a prelim�.nary basi9 was increasing the size of the Planning Commission, and ma.ybe this is a justifiable point� heaause if there is added manpower, it woul.d b� easier to maintain a quort7m. Mayor Kirkham asked whexe th�s prop�sal stands at ?�reGent and thF Citg Mana;€�r said th� "?annin� CUnmissioxi wae r?,-+c�y to meet w�_tk± the Council any time. Councilman Narri.s said that if the Cit,y Manager will remind tu m� he will have somethinp, fer th� Counril at the next meeting. Mayor Kirkham said that the Ccauncil �rould get going on scmething. The City Manager pointcd out that th�r� lack of a r�uorum was t,he iirst t�me i.t has happened in over two years. HAZ4PDOTT� ffiJILDINGSa Thr� Gity �tt�rney sai d t.h�+#. he had beem ciown to look at the four p� oces of prop�rty (the daublP bunga].ows on bth Street) with the B�xilding Tnspect.or. °.P said that they have put in blacktop. almost all of thF god, and some I�ainting has bpen done on the outside, and some on the ins�de. He said tk-at the ha�arclou� action would hzve to be stax-ted anew a,�s ir_st the new owsaery if the Counci] w�nted this. Councilman Ha:rris sai�� that the partial compliance suggests they are n,oing to da somethittg, and he suggested the � � � � � r� G/zt��/6F Council �tari action� and if the work is completed within twenty days, the Co�cil cou13 drop the actian. Counci]anan Wrigh� said it woulci be very unlikely the Council vould go all the wav to r,ourt. He said the other action had been drApp�d bacause the owner had subsi,antial insurance and it got to a point where they had to go to caurt er settle, The Ci#,� At,torney asked if it was the Counoil�s desirt to starG a new action t� use as a lever. Mayor Kirkham said he dad ns�t think a lever was needed, The C2ty Attorney said that the �eople are still living in the d�.Plex, and hp co�alci get a court to order them out� but that would take at least 30 da,ys, and he hnned that it will be done by then. LIQUOF. STUnY COMMITTF�: Councilman Harris said he had talked to the Chairman of the Ligu�r Study Commi.ttee and the,y have had two meetings and �dll meet aga�n priQr to the next Ce•�rr,i�,d+Iee+3ng� and will report at th;�t time on the work thev hane do�e. STATiIS OF 701 PROGRAM: Councilman Harris said that a number o£ quest�ons have �?een raised ,about the atatus of the �O1 Program and frondering what �_s ?��ppening� The City Pianager said that hs had talked to Mr. Hodne and he is working on the elaboration o£ tha outline, Conncilman Harris said that it seemed incon= ceivable that 3t covld be taking so loxzg. He said th�t perhaps the Counc�l should entertain the idea o£ reviewing this prograro £rom its inception. Tha City Manager said he would talk to Mr. Hodne, Counc�lman Harris sug�ested the Council direct the Administration to oontact Mr, Hodn� to get some idea where the program is now situated, and the Council shouZd� in his op�nion, take a second look at the overall prograzn. ADJOURNMENT: There being no f�rther business, Mayor Airkham declare3 the ReguZar Meeting oY June 20, 1966 adjeurned at 2:1�5 A,M. , Respectfully submitted, ��/� r�% `� �\� _ %ii ,�,�� .. _% t Mary Lu Strom Acting Secretary to the Council � i ,� � c �c/� l �- i _� ��, � Ja�k (1. K;_rkham � MAYOR THE MINCTTES OF THE REGULAR COUNCIL MEETING OF JULY $� 1966 The Regular Meeting of the City Council was cailed to order by Mayar Kirkham at B:10 P.M, ROLL CALL MENLAERS PHESENT: Kirkham, Harrls, Sheridan, Wrighta Samuelson MEMBERS ABSENT: Nonc APPROVAI. OF MINIUT�Sz REGULAR C�L7AiCTZ MF�.�TING �F �TUNF ?_Qy 19b6z M�TIDN by Cowacilman Wright to apprrre the J�?ianx�es c�f. +hP -TUne "<Oa 1�;F� Mee+�ng as subr�3tted. .�ieconded b;T Samuslson. IIpon a voiee vote, there being nc> nays, the motion carried unanimously. DISCUSSION OF AMENDMENT OF CHA?TEP 56.02 (2) OF THE; CTTY CODE RELATING TO SIGNS: The �ity Manager stated that Mr. Kruz of Twin City Outduor Advertisinp, Assnciation xas supposed to be at the meet3ng. The PIapor asked �f anyone was present representing the Outdoor A�3vertising Association. No ane was present. There was some discussion on the mat#,er �i the aize of signs tha�. would bs allowed ln the different areas,