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08/15/1966 - 00021365�� 8/8/6b CONSENSUS POLL: The Council discussed the opinion poll that is to be mailed to the people �f Fridley. The City Manager said several of the Councilman have looked at it and given their approval, The Councii said that the City Hall question could be deleted from the po11� as it �nll not be received in time to have any bearing. ADJOUFiNMrSiT : There being no nays� Mayor Kirkham declared the Special Council Meeting oY August B� 1966� adjourrzed at 11:10 P.M. Respect�li3ly submitted� �-r �� _ , . �� , � , , ;� -�� , %��G��,�z, Mary Lu S�rom� Acting Secretary to the Council '� ,f f� � � ] � � ��c-, < � l , y, G�l,� .v. �� j Jack 0. Kirkham � MAYOR THE MINUTFS OF THE REGIILAR COUNCIL ME�;TING OF AUGUST 15� 1966 The itegular Meeting of the City Cwncil o£ the City of Fridley was called t� order by Mayor Kirkham at 8:01� P.M. ROLL CALL MEMBER3 PRESENT: Kirkham� fiarris� Sheridan, �nrright, Samuelson MEMBERS ABSENT: None PRESENTATION OF SPEAKFR SYSTEM - MRS. JA?'CEFS: Mrs. Stimler read a letter •f presentation to the Council in behalf of the Mr�. Jaycees and present�d the City with a check in payment ef a new loud c.reaker system which th�y gave the City and the Parks and Recreation Commission in con�unction with the new hockey areaa and for any other use the City feels suitable. She sai� the speaker system has not been delivered yet� but that it consists of two speakers and a microphone. Mayor Kirkham extended his persmal thanks, and thanks on behalF of the Council. ML�f10N by Councilman Wright that the City�s thank you be recarded in writing, and that copies be given to the press. The motion was secomded and upon a voice vote, there being no nays, Mayor Kirkham declared the moiimn carried. APPRO�'AL OF MINUTES, REGULAR CCUNCIL MEETING OF AtJGIIST 1� 1966: MOTION by Counc3lman Harris to approve the minutes as submitted. Seconded by Councilman Samuelsan. Upon a voice vote, there being mm �a,ys, Mayor Kirkham declared the motien carried. OF MINUTES, fiPECIAL COUNCIL MEETING QF AUGUST 8, 1966: MOTION by Councilman Harris ta approve the minutes as 9ubmitted. Seconded by Councilman Samuelson. Upon a voice vote} there being no nays� Mayor Kirkham declared the motion carried. 1967 BUDGET: Councilman Samuelson asked the City Manager the date the Budget was to be presented for Public Hearing. The City Manager said that the Charter atated that it was to be discussed a+ the £irst meeting in August� and at any subsequent meetings� until it has been discussed thoroughly. He said the mill levy hearing was the 12th of September. Councilman Samuelsan sugrested tabling adoption of the budget until after this hearing as he would like some time to cempare some of the figures. Councilman Wright asked 1£ he meant that the Budget would not be produced until the evening of the Mill Levy Hearing. Councilmzn uamuelson sa3d he just would like more time� as there are a few more ihings that needed tyiMg down. Councilman TJright said he xould like it � � � tv be clear that the Council did not intend to write portions of this budget the night that they held the mill levy hearing. Councilman Samuelscm agreeel. The Cauncil discussed when this could be on the agenda so that more work ccu]ct be drme on it prior to the 12th of September. MOTION by Councilman Samuelson to table consideration of the 196'j Budget to the Re�ular Council Meeting of September 6, 196b, which will be one week pri�r to the Mill Levy Hearing. Seconded by Councilman Harris. Upon a voice vote� there being no nays� Mayor Kirkham declared the motion carried. SETTING COUNCIL MEETING NIGHT �TfiER TAAPd LABOR DAY: � MOTION By Councilman Sheridan to set the next regular Council Meetine f�r September 6� 1966. Seconded by Councilman Harris, and upon a voice vote} there being no naya� Mayor Kirkham declared the motion carried. - CHIES AGREEMENT - UJT 10 � �� _ 6/1;/66 Mrs. Chies was present at the Council Meeting and said that their company records shox they have taken out 90rp00 yards of material. He said he called his bonding company and was told that the bond was automatically good for one yoar, The City Manager asked the City Engineer if any evidence of this had been received, and the City Engineer said ne. Mr. B. L. Newman� 1501 Rice Creek Road� ask�d i£ the Council was going to discuss this item with the people from the neighborh�ad. He presented the Council with a petition which he said 29 famllies on Rice Creek Road and Aleore Lake Hil,ls had signed oppesin6 the gravel pit, and he said that quite a£ew of the peeple were here at the meeting this evening, MD'I`!ON by �ouncilman Wright to receive Petition #31-1966 and refer it tra the Administration for processing. Seconded by Councilman Sheridan. Vpon a voice vote� there being no nays, Mayor Kirkham der,lared the motion carried. Mr. Chies said that they still have about 2�000 yards tm taks out� and they � cculd finish this by the end of next week, and they would atart levelang the lst o£ Sep`amber. Pir. Lavern Friend� 1520 Rice Creek Rmad� asked if he was going to haul this out himself, or would every centractor in Fridley be in there? He said that this has wound np a mining operation� and trucks with every name but Ghies on them have been hauling out o£ there. He said that the Chies' do not w�ter unl�ss the people cmmplain, there have been no flagman, and mne truck had almrost run ovor his xife� and had knocked down his mailbox. Councilman Sheridan asked Mr. Ch3es if he had a certificate from Suburban Engineering of the £inal grade. Mr. Chies said that the City hzd the original one in their Engineering Department. Councilman Sherielan asked if he had csmplied rnth the directions of the Council and hire� Suburban Engineering to prepare a certificate m£ final grades. Mr. Chies said that he had not. Council- man Wright asked him if he had ccan�lied srith the requirements for waterinPa flagmen and adequate saieguards. lr. Chies sa3d they had a water truck there at �l.l tiraes, and that he could not see why flagmen wer� necessary, and as for the mailbox� accidents happen. Mayor Kirkham said that the Counoil had requested these safeguards to prevent accidents. Mr. Chies �aid he wrnil.d be unable ta start leveling until September 1st as his equipment was all tiei up. He said it wmuld not hurt to sit there another 20 days� as it had sat Yor 30 years. Mr. Newman said that Chies Brothers had � been lucky to get in Yor one year� as they had kzired an attorney to stop them n�rmanently, but they had come up itith a land alteration permit� and the people had not been notified o£ this. Counrilman Sheridan said he felt the operation should have been ended August lst. He said that the Ceuncil gzve them an extensiom m� August lst� and they have not dene what the Ceuncil requested. He said he did not £eel kindly t�ward extending the time further until all the requirements are ful£111ed. He said that the City had no assurance that it uould be done. MOTION by Councilman Sheridan that two weelcII extension be granted Mr. Chies te bring the preper certificatimn nnd stipulations that were set forth August lst to the Council� and if it is not done, that the Cauncil pick up the bmnd and camplete the grad3ng operation under the c�ntr�l of the City according to the original agreement. Seconded by Csuncilman Harris. �G e/i5/� Councilman Wright asked i£ this meant he w3s to cease operations immedistelyy and until he has the bond and the certification report from Suburban Engineerin�!� he is not to commence any operations? Councilman Sheridan said that this was correct, and that this was to be done within the next two weeks or after the next Hegular Meeting of Septembar 6, 1966, the Council will instruct the AaUninistratian te pr�ceed rrith leveling the preperty under the terms pf the bond. VOTE upon the motian: Upon a vaice vote, there being no nays� Mayor Kirkham eleclared the inotion carried. ORDINANCE �f31-tS �'�ENDING CHAPTER Lt5 - NAGEL�S WOODLANAS: MOTION by Cauncilman Harris te xaive the reading and admpt Ordinance �`31y5 and have it published. Seconded by CounciLnan Samuelson. Upon a v�ice vote� there bein� no nays, Mayor Kirkham declared the motion czrried. MR. KELL REGflHDING REZONING REQUEST, GERALD G. JOHNSON: Counci�man Sheridan said that Mr. Kell� 5675 Jackson Street� was present at the Council Meeting is regard to the Johnson prsperty� and he th�nght tha Counail cou13 look at this under old business, as ,Ir. xell has additianal inYarmati�n after holding a meeting with rosidenta caF the area, Mr. Kall said that all the abutting praperty mwners were in agreement with the plan as presented 3n a report he had, He said that if this plan is not agreeable with Mr. Johnson� the pe�ple would like a£urther meeting vr that the land revert back to the residential zoning. Mr. Kell described a gradual sloping ridge the pesple would like eo that there wcruld be ne drastic dr�p aown tm the lower properties. COUncilman Samuelsen pointed out that the Csunc�l could not legally enforce the hours oP the station to guarantee that it rrould n�t be a 21� hour station, Mr. Kell said that the station was lecated in such a pogition, that maybe th� p�eple could bend in thi� direction. Councilman W�.ght asked Mr. Aell if he had tr3erd to schedule a m�eting with Mr. Johnsmn� and Mr. Kell answered that he had nmt. Councilman Samuelson asked if he would like i� £orwarded ts i�r, dohnsen. Mayor Kirkham said that he thou�ht it should ceme from the Council. The Council agreed to present the copy to Mr. Smhns�n just as it was presented to the Counc�l„ MOTION by Cvuncilman Harris to receive the inf�rmation and forward it t� iKr. Jmhnson From the Council. Secondeet by Councilman Sherii�n. Upon a vaice vote, there being no nays, Mayor Kirkham declared the mmtien carriei. BIDS - SS{�81 (OPENED NOON, AUGUST 15� 19�): The City Manager read the foll�wing bids: SIDDES Walbon Excavating (St. Paul F&M 5�) Underground �ervice� (Uniied Bonding 5%) Mechanical Underground Piping (Aetna Gasualty 5�) Metrrpolitan Sewer & Water Cmrp, (Fed. Ins. Cm, 5,�) �rwin Montgamery Const. (Ohio Farmera Ins, 5�) Horace Montgemery Const. (ph3o Farmers Sns. 5`�) � $8,392.00 b,is�.00 7,997,00 6;373.� 8,542.00 6,326.00 The �ity Manager read a report from Suburban Engineering pointing out that an error in additic�n has been carrected� and their recommendation that althaugh the Horace Montgomery completion date would be sooner, it dmea not warrant the eactra money, and they recommend the loK bid o£ Underground Services. MOTION b,y Councilman Samuelsem that the contra�t for SS{�81 be awarded to Undergrm��xnd Services in the amount of $6�184.00 Secended by Councilman Sheridan. Cesancilman Wright asked if Mr. Minder Was present at the Gsuncil Meeting. He was not. Councilman Wright said that usually the Council ia given a stetement from the enginters giving comparison figurea with the original esti*.nate. The City Engineer said that the eriginal estimate had been $6�000, and althaugh this was a little higher, it was withs.n the 10�. Upon a v�ice vote, there being mm �aysy Mayor Kirkham declared the m�tion carried. BOARD OF APPEALS MEETING MINUTES, AUGIIST 10, 1966: � � � hii� 'i.� l,i a/�5�� TO 16 FLET ABOVE GRADE ON LOTS The City Manager erzplainei that thero had not been a quorum zt the Board of Appeals Meeting� but that the two members that had been present stated that they wauld recommend the sign variance. i�Ic. Booth} a visitor to the Council Meeting, sald that Mr, OxBanmm� had stated � at the Planning Cemmisai�n Meeting that if the pr�perty next door is sold� ,and the people ask that the sign be removed� he will have it removei within 90 days. Mr. B�oth sQ�id that another neighbor had requ�sted that the sign be - along the west line� which Mr. Booth would prefer also, and Mr. O�Bann4n had said it made no di£ference to him. Councilman Harris said that there was no need for the sign ordinance 1£ the Council lets a sign ef this sizs be erected. His suggeation was that Mr. O�Bannon come back with a sign within the Oralinance limitations, The City Manager saii that the 1s0 square Feet could be interpretated to be nrimaril�- on individual property� and this is an R-3 a�'ea. Councilman Ha.rris said that he felt it had been the intent of the Council to keep signs under that size no matter where they were locatei. Councilman Samuelscro said that he agreed. Councilman Wright said that there is no question that the Ordinance must be foll�wed. MOTION by Councilman Harris to deny the request vf Mr. Mike O�Bannon for a sign ef l�00 square feet. Seconded by Counciltnan Samuelson. Upon a vaice aotea *here being no nays� Mayor I{irkham declared the motion carriea, Councilraan Wright mentioned the large billboard that was on T.69Lt and T.H. #6�� and asked if it was a temporary pexmit so that it rrill not be replaced with another sign. The City Manager said that no ott�er permit had been given for it. Councilman Wright �aid that� if the Cc�uncil agrees with him, the sign must came �orm right after thc electi4n. 1 PLANNING COMNIISSION MrETING MINIITES, AUGUST }�� 1966: The City M�nager said that the wholc meeting har� been taken up with the revised fourth draft o£ the Planned Development Distriet for multi�le dwellinga and commercial establishments� and because the City kttorne� had been on vacation, it was not ready yet. P40TIaN by Councilman Samuelson to receive anu file the ?�anning Gonunissicm Neeting Minutes af August ly, 1y66, Seconied by Councilman fIarris, Upon a voice vete� there being no nays, Mayor Kirkham declared the motimn carried� PLANNING COMMISSION MEETING MCNIIT� OF AUGUST 11, 1966s 1. PLAT �f6o-03. SHADY OAK ADDITlON The city Matiager read the motion af the Planning Commission recommending the acceptance o£ the proposed plat with certain stipulations. The City Eagineer showed the Council the plat map. The Ceunail discussed Whet.her a 25� easement will be sufficient for Aenjamin Street. The City Lngineer suggested the Council could obtain an additional 5 c�r 10 fmot slope easement� which uould a11ow a bank into the yard for matching gradea. MOTIDN by Councilman Wright that the Council concur With the Planning Commiss3on and accept the proposed Plat #66-03, Shady Oak Additimn subject to the iner�ase � o£ the int�ri�r lots tm 75 �oot £rontage, right of way reduced to 25 feet on Benjanin Streat and the cerner lots be 77+ Feet� and with an additional restric- tion that an additional 10 foat slope easement (for purpoaes of grade match3ng) be granted to the City along thm east boundary o£ the pZeot. Seconded by Ccuacilman Harris. Upon a�vcice vote, there being no nays, Mayer Kirkham declared the mot3en carried, REORGANI7.ATION OF THE PLANNING CONd?ISSION: Councilman Harris said that rather than taking the time to go over this point ay point� he suggested having another joint meetin�; with the Planning Commission. Councilman LTright pointed out that one proposal� the employment mf a Planning Censultanta cculd have some bearing on the budget� su he felt the discussimn should be prior to the £inal aFproval of the budget. The Council discuss�d a possible date for a meeting. Mr. Kravik from the Planning Commission was �4 8/15/66 present and sai� the Commission would be agreeable ta an �xtra session. The Council agreed on August 29� 1966� at 8:G0 P,M. PARKS AND RECREATION COM�KiSSION MEETING MINUTES, AUGUST 1, 1966: �� LAPiD ACQUISITION POSSIBILITIFS AND MOORE LAKE HEACH REPORT: Councilman Harris asked i£ the prmperty in Rice Creek Plaza South Additien that they are c�ns3dering accept3ng is the praperty at bSgl Hlain Street. Mr. Dunphy said that he thonght it was. He said that it is adj�cent to Jay Park and would be a nice add'atian as a rest area. Councilman Samuelson ask�d if there were � ariy assessments on tlae pr�perty. Mr, Dunphy said that they had no details� t,he of£er had been verbal an� the Gommission dici not know i£ it was gra�is mr on what terms it was being off�red which was the reason £or the generxl motion. The Finance Director said he would laok at the recards and see ii there were any assessmenis. The �ity Manager said that before the discussion on Mmore Lake Beach contami- nation which the Parks and Necreatimn Commission held with ti�e Board of Health� Mr, Hansley had promi.sed a written repmrt �n the subject. The City Manager said that Nr. Hensley hae bsen an vacation and may feel this report in the minutas covers the subject, but tkiat he srill stil]. request a repert from him, MOTION by Councilman Harris that the rinance Directmr prepare a cost statement on thc property at Rice Creek Plaza South Additimn,, Outlot #1 and present it at the next regular Council Meeting. Seconded by Councilman Wright. Upon a voice vete� there be�.ng no nays, Mayor Kirkham declared the motion carried. MOTION by Councilman Harria to raceive and f31e the M3nutes ef the Parks and Recre�tion Cemmission Meeting of August 1� 1966. Seconded bq Councilman 6amuelson. Upon a vsice vote� there being no naya, Mayor Kirkhsun dealared the motimn earried. CONSIDLRATION OF PROCEEDING WITH PROJECT SS�`$C: The �ity Manag�r said that Comstock and Davis has received the Council�a � authority te go ahead with the actual praject� they are just waiting f�r a decision on Sylvan Hills, and at th3.s time the Finance Director wants t� knm► hmw the Council wishes to assess this project. Mayor Kirkhsun saii that hia understand�.ng according to recent discussions the Council has had on this, was that the asscssments were to be grouped into one project and estimatei. The Einance Directar said that his questien vas� whether the cvst ahould be estimated on SS/�5C and the r�ll prepared on that basis� or if enough should be deductcd frcm the rate £or the area sC xould cover, in other words, asaess that ir�uch less in that area, uhich Kculd mean a second assessment, mr not assess this at all this year. Councilman Wright said that the fir�t mpti�n descrit�ed 3s the one most consistent with the Council�s deciaisn on assessing over a whole drainage area. r4FlTI0N by Councilir,an Wright te estimate the S55G cost and make the asses�ment roll on that basis. Seconied by Councilman Harris. Upon a veice *aate, there e,cing mm �ays, Mayc+r Kirkham declared the motion cArrie�. APPROVAL OF P;ASEMENT PURCHASE AGREr�M�;NT: MOTIQN by Cwncilman Harri� that the Adminiatratien be directed to enter ints this agreement w�.tk� James J. Ce�llins and Edythe A. Collina in the amount of $532.1Q. Secmnded by Councilman Samuel �on. Upon a voice v�td, there being no naysi Mayor Kirkhs�m declared the moticsn carried. FROM R-2 TO C-2 LOTS 1& 2 AND LOTS 6 � ION: ZOTS 7 THROUQi 1 BI.00K CITY VIEW SETDACK m 7 UNIVERSITY AVENUE NORTHEAST - The City Manager said that Mr. Holvenstot was preaent at the Council Meeting to discuss with the City Attorney restrictive covenants £or the rezoning. Mr. Holvenstei, czme to the Council table to elescribe the requested sign setbnck. Ee said that the pr�perty does not abut on the highw�y� but an thc service road� and then there is a large boulevard to the pr�perty 13ne� and if the sign gmes back another 10 fee�� it will appe�r to be in the back yard. The Council looked at the preposed location of the sign on the plst plan. The property owners on the eaet side of the statian were present at the Council Meeting anal came fmrward to the Council table tm discuss their reasons £mr feeling a 2!� hour service station wil7. be dctrimental to their_preperty. They felt tho � �� 8/1��'66 Council should hear the residenta of tha area� even though this land is zoned commercial. The City Manager explained that there was no reasmM for a Publia Hearing as all requirementa are bein� complied witha and that it wonld be imposaible for the Council to h�ld a Public Hearing for every building permit. The Council agreed that a filling statian may leave somethin� to be desireal� but that the lana is commercial and thero are many possibilities that eould have }�een xorse. MOTION by Councilman Samuelson tm grant the waiver ior a sign setback at 57�`z and University Avenue Northeast. Seccnded by Cmuncilman Harris. Upon a voice vote� there being no nays� Mayor Kirkham declared the moti�n carried. � Councilman Harris asked if the Council shmuld da anything this evenin� in regard to the limitaticns and restrictive covenants fm�r the rezoning. The City Manager said that he had n�t put this en the agenda as he did not know wtzat the Council wanted. Councilman Harris suggested that the Planning Commissi�n, City Attmrney and Lrickson Petroleum get together tc make up restrictive covenants For ihe area and then present them to the Council, The City Manager pointed out that the Qrdinance could be passed on £irst reading this evening subject t� the a�proval of the restrictive covenants. MOTION by Councilman Harris to adopt �he Ordinance upon Firat Reading, rezonin6 from R-2 t� C-2� L�ts 1 and 2 an�l Lots b thraugh 12� Blmck 7� City View Additian and Lots 7 through 15� Blmck 8, City Piew Additirun subject to the appreval oi the restrictive covenants on the prmperty. Seconded by Councilman Samuelsona and upon a roll call vrte: Kirkham, Harris� Sheridan, Wri�ht and Samuelson voting aye� Mayor Kirkham declared the motien carried. Mr. Holvenstot was instructad to contaet the City Attorney. APPOINTMENTS: Mayor Kirkham wcpla3nei that the nera Anoka Connty Ac,sociation o£ Municipalities needs 6 permanent committees which will be broken into sub-cmnmittees tv handle any problems that need research or investigating. He said there is no restricticen on the number o£ people on each committee or no r��,nirement that each City must have a man on any one committee. He said that the Councal can suggest names � for the Committees and any citizen may volunteer by m�king their wiahes known to the Council, and the Council can appaint them to the cammittee. Maymr Kirkham suggested this be laid over until the next meet�.ng, to give the Council a chance to consider possible appointmea. MOT10N bg Councilman Wright to table appointmenta to the Anoka County Assmciaticn ef Municipalities until the next meeting, Secondeel by Councilman Sheridan. IIpon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. Councilman Wright said that on �he appaintment to the Buzlding Board to renlace Pat Herder� he would 13ke ttte patience �f the Council ior one more meeting be£a�re he aug�ests someone from the 3rd Ward. Mayor Kirkham agreed to this. Mayor Kirkham said that he would like the appmintment For the Human Relations �ommi.ttee� ta replace Reverend Kendall brought back at the next meeting als�. Councilman Wright said that the last appointment made to the Human Relations Cemmittee� who he believed was Mr. Buckley replacing Mr. Herder' had been made over his objections. He said he would like to call to the Council's attention that an appointment to the Human Relations Cammittee requires a£our-fifthe vote� and that Cauncilman Sheridan had not voted and that he had voted against it. He said he xould like this confirmed or corrected. Mayor Kirkha� asked the �ity Attorney if this was correct, and the City Attorney said he would check. A little later in the meeting� the City Attorney reported that this appaintment does require a four-fifths appreval of the Council. Councilman Wx�ght suggested this be d�l�yed until they have the second name also� and take care of both o£ � these at once. Mayor Kirkh�un said that, so everyone has notic•e� this will. be put on the agenda at the nsxt regular meeting. RECONSIDERATION OF FINAL PLAT - TPsRRY�S ADDITION: The City Manager shosred the Plat map to the Council. No one was presemt representing Mr. Julkowski. Councilrnan Iiarr�.s said that the water hole on this property was to be taken care of when the lot split was granted� and this was not deme. Iie said he did not think the Council should accpet the g].at until this is taken care ofl and r1r. Julkewski could be asked to bring this back beisre the Council when he had taken care of the primr stipulations, Councilman Sheridan said that when it cemes in as a final plat, building permits cow.d be held up until the preblem xas taken care oY. Councilman Samuelson asked the Consulting Engineer if the sewer problem had been taken care o8, and Mr. Comstock said that it had not been. �6 8/1�/66 MOTION by Councilm�n Harris to table the reconsideration of the £inal plat. Seconded by Councilman 3amuelson. Upvn a voice vote, there being no naya� i�ayor Kirkham declared the motion carried. i40TSOt1 by Councilman Harris that the Administration and City Attorney direct a letter i.o the owner �f this property and instruct him that until the prior committments to dra�n the pond are fulfilled� the Council will net apprave the proposed plat. Seconded by Coiancilman Sheridan. Upon a v�ice vote� there being no naysy Nayar Kirkham declared the motion carried. R�SOLUTIUN #118-1966 SETTING A Pi1BLIC HEARING - CITY HALL: MOTION by Councilman Harris to adopt Resoluti�n #11$-1966 with the suggested date o£ September 7� 1966, to be filled in as the date�of the Pub13c Hearing. He said this date xould �ive the Council sufficient time to have all the additional material £or the public. Councilman ti�right asked that the rasolution be reaci. The City Manager read the resolution. Councilman Wright said he wou�d like to call the Council's attention to the reasons he £eels the whereas clauaes are prejudicial and inaccurate. He stated that in �he first whereas, which states that the Fri�ley City Council has previously not had sufiicient informa- tion as to relative cost and location of the new City Hall� in his opinion he and two other Councilmen submitted what they regarded as suffici�nt information. In the second whereas stating that the City Council norr flnds it has additional information� he has not received any zdditional in£ormation, and the third whereas stating the Citp Council now has sufficient informatzmn relative tm poesible sites of the City Hall is� in his opinion debatable� He stated that the whereas clauses attecnpt tv argue with the public instead of presenting the issues squarely beF4re them and he proposed the fo].losring amendment: NI�'TI�N 6y Councilinan Wri�t�t to amend the rasolution to add two "whereas clau�es" after the thsee �"whereas clauses" that are in the resolution at pres�nt. The wording to be as followss WHSr�EAS, the Citizens of rridley have in various ways e�cpressed a desire Por informatian regarding thd cest and location o£ the new City Hall; WHER�A�, the Citizens of Fridley have indicated a deaire that their opinia�ns be heard in regard to the location of City Hallg The Resolutien wi13. then continue with the NOW THERE�RE clause. The Motion was seconded by Councilman Sheridan. Councilman Harris suggested that the words '�now has" in the third whereas clause be changed to �"will have��o Councilman Wright sazd that he fovnd this acceptable and as th� maker of the first amendment� he �rill raword hia unendment to inclnde this wc�ding change� i£ the seconder agrees. Councilman Sheridan agreed. VOTE, upon the amendment: Upon a voice vote, there being no mays� ��a moti�n to amemd carried. VOTE upon the motion to adopt Resolution #118-1966: Upon a v0ice vote� therc being no nays� N!ayor Kirkham declared the motion carried, CONSIDERATION OF RE50LUTIUN PLACING CITY HALL LOCATSON ON BALLOT: The City Manager read the prnposed resolutien. C�ue�cilman Sheridan said that the Council knew his feelin�s w7 this subject� and he was happy to sea that members had changed their attitud� about putting somethitxg on the ballet' hut he stated he wa� not in accord with the Resolution� and had a subatitute resolution which �a; read. The substitute reaolutimn asked the quesiion� "Shall the City Hu11 of the City oF Fridley be removed from the present looation at bl�th and University Avenue and be relocated elsewhere?'� This would require a y�s �r no vote. He said that th�s substitute resolutian would not be advisory� it would be binding on the Council. He said that the proposed Reselut3on in the agenda is not bi.nding and in many wa;�s it would be ridiculous to spend money £or somethi�g the Council does aot need te follo�r, M�TION by Councilman Sheridan that the substitute resolution he has just read be adoptedW Councilman Wright snid that it may be necessary to treat this as a referendum than as an advisory ballmt. He said he thought a mandatory ball�t rrhich woulrl he binding on the Council is in order, and he seconded the motion with the understanding that the wording may hane to be changed to cemply with the 1aw oi referendum. � � � �� �a 8/15/66 Councilman Samuelson said that he feels there Zs nm question but that t�e people should be given an spportunity to v�te either by an advisory ar referendum ballmt� but that the wording shoiald be z-��ierred to the City �+ttorney to cmme up with a question to be put to the peeple, and then the Council could vote on his wordin�. The City Attorney pointed out that thera are some limitations on the expendi- ture of funds for an advlsory ballet and sane Statutes that limit the matters that can be refoired to Advisory Ball�ts. He said that it is a practiFe e£ Munieipalities tm have these ballmts when another election is taking place so there is no significant adiition of e�cpenditure. He said that he has not had � any matter re£erreg to him about makinr this a referendum� that all previous discussion was that this would be an advisory ballot and he would not be prepared to comment. Councilman Harria suggested that particular part be referred to the City Attorney fcr his datermination. MOTION by Councilman Harris to adopt the Resolution �n Page 1�1 0£ the agenda. Mayor Kirkham reminded the Council that there was a motion £or amendment an the fl��r. Mayar Kirkham said it was his understanding the Council would ge to the public for a hearing and/or a ballot to find out what the wi11 ef the people t�as, and the amended ballmt would limit their respmnse to a yes er no. Councilman Samuelson said that his thoughts on the question that they wau].d put to the public were one of the two nxisting sites� as the people shou�d be given a choice� or maybe they have no feeling one way 0r the other, Ceuncilman Wright said thzt, as the Council agrees the public should be conaulted, there should be no objection te making their advice the Council�a dec�_sion instead of an zdvisory which the Council could i�*nore. He said it would be pr�per to praceed to call a public hearing ao the pe�ple rr111 !m ow what they are votin6 on� and it wi11 be clear to the public that the vote whether advisory er a referendum is between twe sites. He said he would hope the Council has the integriiy to say t� th� public, this is what the ballst meana� and we do agree unanimously on that� and then it will be clear to the public they are voting for one of two sites. Ae felt it should be a re�'erendums with the wording changed wherever necessary to make it binding legally. Councilman Sheridan stated that he has aontended� and still does„ that the � ballmt mf 1961� established this site, 61�th ani University, as the site on which the b�nd issue was passed, and t.his aubstitute resolution that he has pragosed is asking the citizens to release the Council if they do not want it and let the Covncil be the sole judge of the laeation o£ the new City Ha11. He said he was not fighting £or a particular site but the publicity before the election was for the blyth and University site, Councilman Harris asked the City Manager how much time was left to put this item on the ballot� ancluding the printing time, The City Manager said it would have te go to the newspapers £or publ3shing, and that a determination would have to be made by Augu�t 26th. Covncilman Harris said that because it is impossible to have the City Attorney�s opinion by the next Council Meet�ng as to whether we can have a referendum ball�t or not= he feels the Cauncil will agree that the advisory ballet will spell out which decision the Council shoul� £mllow. If it is gsing to go �n the primary ballot� it could be an adv�sory ballot with the understanding of all members o£ the Council that the bal7.ot outcome will be binding. Councilman Samuelson said he would agree te this, Councilman Wright felt this was saving that the date is already picked and the wording cannmt be picked because the City Bttorney cannot get ready. Council- man Wri�ht asked thc City Attorney if it was possible he had an opinion now on whether the City could have a re£erendum. The Ctty Attorney said no. Council- man Wright said he did not think the timin� was impossible� and if the Covncil did n�t want to wait For an opini�n, it could be on the general election ballst. Councilman Samuelson said he preferred to get it on the primary to save money � because of the construction schedule. Mr. Wilbur Whitmore� a visitsr to the Council Meeting, asked if an organized group were pushing £or one side� and i£ a large sectar was not too csncernei, wouldn't some people be inclined to vote only the way they saw publicized? Guncilman Wright said he thought Mr. Whitmore had too much ng$rd f4r the ability of the Council� and too little regard for the ability of the voters. Mayor Kirkham asked if the Counc3l was ready to vote on Councilman Sheridan�s amendment. Counciiman Sheri�lan said this was not an amendment� but a substitute resoluticm. Councilman Harris saad that until adviseei by the City Attorney, he will have to vots against a aubstitute resolution. Councilman Wright said that if one resolutiron requires the City Attmrney�s opini�n, se does the other, and as the City Attomey says he could have an opinien in a couple of daps� anai the Cauticil hsts a special meeting scheduled for August �2, 1966, which wwld be �8 8/15/66 saon enough to get it published and on the ballet, he suggested they make their decision then. MOTION by Councilman Wright to table this item until the Special Meeting of August 22� 19�b. Secondad by Councilman Harri�, Upon a voice vote� there beang no nayai Mayor Kirkham declared the motion carried. Counc3lman Samuelsott said he thought the Geuncil sharuld make some directine te start compiling data to have available for the Public Hcaring and Yor a general mailing to infarm the pukalic of pessible location sites as everya�ne cannot attend a Public Hearing. MOTION by Councilman Samuelsmn that Councilman Eiarris direct the c�ordination of compiling in£ormation on the new City Hall, Mr. John Meyer} a visit�r t� the Council Meeting� said that it had been Sheridan and Wright that had first given a report on cvst facts. Coiancilman Wright asedlc C�uncilman Sheridan if he could work with Councilman Harris mn this� and he agreed. The City Manager suggested that hea Harris� Sheridan and Sol Smilep, if necessary� get tb�rether on this. Councilnan Samuelson reworded his motion to direct the City Manager� Councilmen Sheridzn and Harris itu coordinate the cempiling o£ iniormation. Seconded by Gouncilman Harriso Upon a voice vote, there being mm �ays, Mayor Airkham declared the mation carried. Mr. Frank Liebl, a visitor to the Council Meeting� sa3d that if the Council puts the vote on City Hall location as a referendum and the vote is in faver of this present siter the Council will be bound; but if it is put as �n advisory ballot, the Council would not be beund by it and could still do what the majority of the Council wants. He asked if this was correct. Councilman wright said it was correct. Mr, Liebl said that in his opinion as a candidate, he £elt there was a great deal o£ dif£erence, and he woulei like to bring to the attention of the Council, that about S out w£ 10 0£ the peeple he has talked t� are in faver of a re£erendum. MQTION by Councilman Wright to direc� the City Attorney to have�fvr the Au�ust 22nd Meeting, an opinion for the �ouncil r•egarding the legality o� holding a binc3ing referendum proposition on thc ballot in this regard and (2) an opini�n regarding what £unds the City may expend both in i�£orming the public by brochure and the conciuct of the election on this t�pic and (3) an epinion as to the degree to which a referendum is binding as compared to an advisory ballot. Seconded by Councilman �amuelson. Upon a voice vote� there being no nays� Mayor Kirkhaan declared the motion carried. Councilman Samuelscro suggestea that the brochure� City questionnaire and the information the Lea��ue of Women Voters would lik� mailed out� ccauld a11 be mailed together ane� �ave quite a bit o£ money on mailing costs. rOTIDIv hy Gouncilman ua�r,uelson thai, the questionnai�e� br�chure and voting information £rom the League of Women Voters be mailed all together. Secmnded by Cmnncilman Wright. Upon a voice vote� there being no nays� Mayor Kirkham declared the motion carried. RESOLIITIUN #119-19bb DIRECTING PREPARATIDI3 OF ASSESSMENT ROLL - ST. 1965-2 2&�: Councilman Wright notic�d that this Res�lution does not have the dmllar figure 13sted. �he Finance Director said that they were not quite that far alang on figuring it, but that it will be entered as aoon as it is available, MOTIDN by Councilman Harris t� adopt Resmlution #119-1966. Secon�led by Councilman Liright. IIpon a voice votE� there being no nays� Mayar Airkham declared the motion cars�ied. RESOLUTION 1.2. & 3: ORDERING A PUALTC HEARiNG OPl R�?LI, - S�'. 1965- MOTION by Council.man Harris tc adopt Nesolutian #120-19b6. Secon�ed by Council- man uamuelson. Upon a v�ice vote, there bein�± no nays� Mayor Kirkham declared the motion carried, RESGLUTION #121-1966 ORDERING PF.ELIMINARY PLANS AND SPECIFICATIGNS - W-83 {�'p.NK REPAIR: The City En�,ineer explained that this tank was put up about 10 years ago and some structual cracks developed but the City was not able to take it eut of service be£mre now. He said that now there are additional wells available tm � � � � w s �� 8/15/66 supply the area� and they feel that this can be repaired this Fall, He said that no repairs have ever b�en made to the tanks and it will be a major maint- enance which he estimated at `fi15�000 or S20a000, Councilman Samuel�on asked if this trill come out vf the utility fund and the City Engineer answered that he would assume so, Councilman Harris said that �*hen this came before the Council again� he thought the Council 5hould take steps to improve the immediai,e area with lasuacaping. The City Engineer said that this is planned and tht peaple zre aware that it has been held up because it wenul,d hav� had to be torn up for this pz�ject. ;KOTION by Councilman Wright to adopt Reaolution #121-1966. Seconded by Council- � man Samuelson. Upon a v�ice vote� there being no nays� Mayor Kirkham declared the motion carried. P:r. John Meyers askeai the City Engineer the nature of the repair. The City r,ngineer explained that they will seal the insi.de and sand blast the eutside. :?ESOLUTTON #12G-1966 'fAANSFERRING S5RcSW#73 11ND 73A to SS#5: MOTION by Councilman Harris te adopt Resoliition #122-1966. Seconded by Councilman Samuelson. Upon a voice vote� there being no nays� Mayor Kirkham declared the motion carrieal. RESOLUTION #12j-19bb DIRECTING PREPARATION OF ASSESSMENT ROIS. - The Finance Director explained that this actually is a lateral assessment Yer places like the Holiday Store that tie into the main line and have had no priar asses,ment. It is in lieu of a caeh connection charge. He said that the oraginal policy af the Council had been Lhat charges not be le.n.ed until the connectien was made� then later policy was to put the lateral charge on right away whether the c�nnection was made or not, and some of these older mains have not been charged. MOTION by Councilman Samuelsan te adopt Res�lutian $`123-1966. Secondeal by Councilman Sheridan. Upon a voice vote, there being no nays, Mayor Kirkham � declared the motian carried. RESOLUTIODI #121�-19� DIRECTING P13BLICATION 0�' HEARING CM ASSESSMENT ROLL - MOTION by Councilman Harris to adopt Resolution #12l�-1966. Seconded by Council- man Samuelson. Upon a voice vote� there being no nays, Mayor Kirkham declared the motion cax•ried. R.ESOLUTIQN #125-1966 APPROUIi3G PLANS AND ORDERING BIDS - ST. 14bbs2: MOTIDN by Councilman Samuelson to adopt Reamlution �12s-1966. Seconded by Counc3lman Harris. Councilman Harris asked if the portion of sidewalk acress from the church was taken o£f the project. The City Engineer showed the project map to the Council and the one lot on the north side of West Moore I,ake Dri�e which will have no sidewalk. Upon a voice votc, there being no nays, the moti�n carried, RESOLUTION /�126-19b6 ORDERINCr P�.ELIMINARY PLANS AND SPECIFICATIDNS - ST. 1 ADDENDUM 3 : MUTION by Councilman Samuelson to adogt Resalutien #126-1966, Tha City Manager stated that the portion fmm t3iverview Terrace to Hroad Avenue had been added to the pro�ect wlthout a petitian Yor the purpoae of the hearing. The City � Engineer showed the Covncil a map of the area and expiained that this is a steep hill, and he feels that to dm it properly it should be paved all the way or not at all, The motian was aeeonded by Councilman Harris. Mr. John Meyer asked uhat the City pr�posed to da for this area, and asked the status o£ the report Samuelson�s committee was workir.� vn. Mayor Kirkham said that this etreet improvement does not involve the flsod plain. Councilman Samuelson said that he had brought this question of a street improvement to the City Engineer and it was all above the £lood plain. Cou�cilman Wright said that some of the people a£f�cted by the plans for the area �r_�11 be benefitted by this improvement, and he xould also like to lmow the status o£ the committee. He asked when they had met last. Councilman Samuelson said it had been his £ault that he had not gotten the committee together recently� and their last maeting had '8een some time in March. Mayor Kirkham said that some ef this can be resolved at the hearing. 70 8/1K/66 Upon a v�ice vote, there being no nays, Mayor Kirkham declared the motion carried. RESOLUTION #127-1�J66 RECEI�TING PRELIMINARY HE?ORT AND ORDERINCr HEARING - 6T MOTION by Councilman Harris to adopt Resmlution #127-1966. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays� Mayor Kirkham declare�ld the motion carriei. RESOLUTION ORDLRING PRELIMINAR'L PLANS AND SPECIFICATIONS - ST.-1967-7: There was no action taken on this resolution. RESOLUTION SS� ORDERSNG F'INAI, MOTION by Councilman Harris to adopt Resolution #128-1966. Seconded by Council- man Samuelson. Upon a voice vote, there being no nays� Maymr Rirkham declared the motion carried. The City Manager said that hc had nmt put the Sullivan Lake Outfall agreement on the agenda tonight, but that it could be put on the Augugt 22nd agenda as it shoule only take a few minutes. He said that Co]umbia Heights would lik� some ansxer� and in e£fect it has been approved subject to the hearing, The City Manager was instructed to put it on the August 22� 1966, agenda. RESOLUTION #129-1966 APPOSNTING ELECTION JUDGES: The Finance Directar said that the lists given to the Ccnxncil members from the two parties airo generally not adequate� and they will need every*one on the list. MOTION by Councilman Harris to adopt Resmlutimn #129-19bb and aceept the names submitted £or the primary election. Seconded by Cmnncilman Samuelson. Upon a voice vote, tt;ere being no nays, Mayer Kirkham declared the motion carried. MOTION by Councilman Wright that the Council direct the Finance Director to contact additional eligible judges from past records on the basis �f party ti�s,canciea existing. Seconded by C�uncilman Harris. Upon a v�ice v��te, there hein� n� naya, Mayor Kirkham declared the motion carried. SCUS5ION OF SPLITTING WARD TG70 INTO THRE;E PRLCINCTS: Councilman Sheridan said that there are almost 2,OOD registered voters in Precinct Twe of Ward �.*o� and 3t has been the intent o£ the Council to have another precinct when there was a polling place. He said that now that there is a new elementary school to use as a polling place� it may be the prsper time to do thia. Councilman Harr�.s pointed out that the league information on voting was all ready, and that perhaps it could be done for the General Election instead. The �ouncil discussed whether it shmuli be done for the General Election or in the next election because o£ the confusion it w�.11 causer St was pointed out that a long period of notice would be required. Councilman Sheridan said that it could almost logically be drne along Gardena, and that the Finance Director could tell for sure by the registered voters. MOTION by Counci.lman Sheridan to direct the Finance Director to bring back tm the Council a program for splitting Ward Twm� Precinet Two� to establish a third Precir.ct within the Ward for next year�a election. Seconded by Council- man Wright. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried, RESOLU7'ION #136-1966 ORDERING INPROV1;NiENT AND CHANGE ORDliR N0, 1- ST. 1966-1 �,,..n,,.,r� � _ MOTION by Councilman Wright tv adc�pt Resolution #130-1966, Secnndei by Council- man Samuelson. Upon a vmice vmte, there being no nays� Mayor Kirkham declared the motion carried. ORDERING INiPROVEMINT AND CHANGE ORDER N0, 1- ST. ThE �ity En�ineer showed the Council a mpp� and e�cplained that this already has heen ordered and the �ity does have a contract avaxlable to add this onto. I I �� � L _1 � � �r �� �, � 8/15/66 MOTION by Councilman Wright to adopt Res.lution #131-1966, Seconded by Cauncil- man Sheridan. Upon a voice vote, there being no nays, Mayar Kirkham declared the motion carried. RESOLUTION #132-19bb APPROVII�G PLANS AAID ORDERING BIDS - ST. 1q66-6: The City Enginser e�cplained that all of the improRements have been ordered by the Coun�il an3 the� are being bunched in one contract for �alling bids. t30TI0I3 b;� Councilman Harris to adopt Resol�stion #132-19b6, Seoonded by Council- man Sheridan. Upon a voice vota, there being no na,ys, M��or Kirkham derlared tne motion carried. F.ESOLUTION #13�1-1966 SETTIYG CITY PRIMARY ELECTION: The City Manager said that the wording needs to be changed to either limit it to Ward 3� or add an additional paragraph regarding the State ?rxmz�ry Election, The City Attomey checked on this and agreed. Councilman N7right said l�esolution #i34-1966 should have the following paragraph added as the l�th paragraph preceding the list o£ p�lling places; "Tnat in addition to the C�ty's Primary Electian to be held in Ward Three�there ar� Statewida Prunary Elections to be held in all precinct on the 13th day of September� 1966. MOTION by Councilman Har:is to adopt Resolution l�13l�-1366 as amended. Seconded by Councilman Wright. Upon a voice vote, there being no nays, Mayor Kirkham ¢ieclared the motion carried. CLIIIMS: MOTION by Councilman Wright to appr�ve for payment General and Public UtiliY.ies Claims #9337 threugh #91i78 and Liquor Claams #267 through #318. Seconded by Council�aan Sheridan, IIpen a vo�ce vote� there being no nays, Ma,yor Kirk?:am declared the motinn carried. ESTIMATES: MOTION by Councilman Harris to apprmve Fer payment the iollowing eatimates: S. C. Smiley & Aasociates Suite 12 1750 Henneoin Avenue Minneapolis, Minnesota� �51y03 Pro£essional Services rendered - Fridley Civic Center - Locke Park Site Allied Blacktop �ompany 29000 Fc�urteenth pvenue South Minneapolis, M�.nnesota $ l�,016,32 Estimate No. 1(Final) Strest Imgrovement Pro�ect St. 1966-10 (Sea1 Coat) $ 15�62�.7l� Dunkley Surfacing Company 375b Grand Street Northeast Minneapolis? N`innesota, 55�+1g Estimate No. 2(Final� Tennis Courts - Moore Lake Beach Park - Pro;Ja�t No, P-65-11 � 1,2l�7.58 Barton Contracting Company 10300 - $9th yvenue North Oaseo, Minnesota Estimata No, 1;Partial) T-vater Improvement Yroject Nae 75-C, Schedule 2� accorcling to contract (High Sur£ace Pumpa and three additional £ilters} (Cotmnons Park} $ 18a400,00 Dunkley Surfacing Company 375b Grand litreet Northeast Minneapolis� Minnesota, 5541a Estimat,e No. 3(Partial) Street Improvement Projeat St. 1966-1� Schedule A(Oak Greve Addition� Riverviex H�ights, etc. $ 11�l�80.�y �� B/15/66 C. 5. McCrossany Inc. Route #2, Box 322 Osseo� Minnesota Estimate No. 2(Partial) Street Improvement Project St. 19b6-�, Schedule A(Plymouth Addition) $�9,7b�.89 Gomstock & ➢avis� Inc. Consulting Engineers 1l�G6 County Hoad "J^ I�inneapelis� Minnesota„ 551�32 For the furnishing oi resident supervision ani resident inspection for the staking out of the construetion work for the follmwing: Estim�te No. 17 - Water Improvement Project Nm, 75-A £rom July ly� 1965 thruugh July 30y 1966 (Three additional drift wells) Estimate No. 5- Water Improvement Pro�ect No. 75-C, Schedule 2, from July 4� 196b through July 30� 1966 (High Surface Pumps and Three additional fiZters - Commons Park) Estimat� No. 6- �dater Improvement Project No. 7$-C, Schedule 'l, from July ly, 1966 through July 30, 1966 (3 Million Gallon Reservoir) $ 100.00 � 31s.00 � 335.00 Est�rnate No. 1- Water� Sanitary Sewer and Storm Sewer Imrpovement Pro�ect No, 79 from July 1�� 19� through July 30, 1966 (Commerce Park� Swanstrmn Court, etc.) $ 57.Q0 Estimate Noo 2- Street Imprevement Project No. 1966-s from July 1�, 19bb through July 30� 1966 (Innsbruck sth Additionl � 1�'%7l�.50 Seeonded by Councilman �heri�3an, Upon a voice vote� there being no nays� Mayor Kirkham declared the motion carried. Councilman inJright said the public should be informed that the Council is continuing to pay Smiley & Associates "or proFessional services as this is an item a£ public concern, Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. LICENSES: MOTION by Cuuncilman Samuelson to approve the follawing licensea: BXCAVATING: Spring Lake Park Ent.� Inc. dba Gilbertean Sanitation 9015 Radisson Rwad Minneapolisi Minnesotz, 55�+33 �7AS SERVICSS: Mooney & Ridler Plumbing & Heating 2816 Harriet Avenue South Minneapolis, A9�nnesota GENERAL CONTRACTOFt: Bencm Construction 31�2 Minnehaha Avenue Mznneapolas, Minnesota Blanske Construction Co.s Inc. 1�029 Silver Lake Road St. Anthony village' Minnesota HEATING: Vent & Canapy �ompany 100 North lst Street t4��neapolisy Minnesota by: Francis �ogerty bys Dav�.d J. �idler by: Wayne Benscm by: Hemard Blanske by: W. C, Nielsen � � NEW Nr�W � RENE[�1AL RII�IEWAL �L�C�1?l � � � MASONRY: Knopik Constructi�n 90�t8 Pierce St, N. E. Blaine� Minnesota Leegard Brothers� Inc. 2103 Fairwaya Lane St. Paul� Minnesota OFF SALE LICENSE: Skywood Pharmacy 520% Central Avenue N.F,. Fx7dley� Minnesota CIGARETTE LICENSE: Skywood Pharmacy 5207 Central Avenue N.E. Fr'ldley, Minnesota TAXICAB LIC�NSE: Twin City SuburBan Ta�ci (3 Ta�dcabe) 2l�30 - 110th Avenue N.W. Coon Rapide, Minnescta BOTTLE CLUB LICENSE: Knights of Celumhus Ha11 08�1 Highway 65 N.E. Fridley� Minnesota PUBLIC DRINKING PLACE LICINSE: Sandee�s Cafe 61�90 Central Avenue N,E. Fridley, Minnesota Frontier Club 7365 Central Avenue N.E. Fridley, Minnesota Howie�s Tavern 2l�0 Missiasippi Street N.E. Fridleya N;innesota by: Florian Knopik by: Arvin Leegard by; James A, Erckenbrack by: James A. Erckanbrack by: 4vayne S. Chase by: North Air Home Association by: Will2am F. Weiss by: Marlene Pavlitzk3 by: Howard A, Nelson f\ . ��� ensr66 NEW NEW Seconded by Councilman Sheridan. Upon a veice vote� there being no nayc, Mayor Kirkham declared the motion carried. PETITION #29-1966 AND {j30-1966: The �ity Engineeb said that the City rnll raise the grade of Kimball Street high enough to take care of tbe drainage problem. MOTION by Counci]man Wright to receive Petition #29-1966 and Pet3tion #30-1966. Saconded by Councilman Harris, and upon a voice vote, there being no nays� MayorlSirkham declared the motion carried, CDMMUNICATIONS: (A) BACHMAN 9NDEtZSON, INC: The Clty Attorney said that the infermation they have requested was sent to them about 10 days ago, Councilman Sheridan suggested the Council see their first roport beYare deciding on the Employee Welfare Bene£it Pragram study. MOTION by Counci].man Sheridan to receive and file the communication from Bachman-4nderson, Inc. Seconded by Councilman 5amuelson. Upon a voice votea there being no nays, Mayor Kirkham declared the motian carx�ed, (➢) UNITY HOSPITAL, JOHN F. HAINP:S - AMBIILANCE SERS7ICE: MOTION by Councilman Harris tm receive and £ile the communication from Unity Hoapital. �Y � 8/15/b6 Councilman Wright asked what had been donu about this item a£ter Mrs. Evana Y�ad bro�zght it up at the 2ast meeting. The City Manager said that thc Boarel was g�ing to contact thc. City when they thought they were ready to provide ambulance service. Mss, Evans, a visitor to the Council Meeting, said that this is ridiculous as they have been ready to provide ambulance service since opening May 23. She said that money £rmn the ambulance runs is delib- erately being diverted to North Memorial Hospital. Councilman Wright said that this is the second notice from Unity Hosp3tal� the first being L;ought to the Council by Mrs. Evans at the last meeting. He said he thmught it would be appropriat� to transfer the ambulance buainess (where there is nm wish expressed £or a particular hospital) to the h�apital that our taxes sup- l��rt� and if there were no legal barriers, he would make a motion to �hat � efPect. MOTION by Councilman wright that the City Attarney prepare suitable acti�n for the next regular meeting to terminate the contract with North Memorial Aoepital and tm instigate whatever relationship�� contractual or working, are necessarg to see that the City utilizes to the maximum capacity the emergency £acilities of Unity Hospital. May�r Kirkham said he wondered if the Council wanted the reaponsibility of eliminating an ambulance service. He said it might just happen that Unity Haspita'1 could be b�asy when the need ior another ambulance arises, and the Conncil might be guilty of having eliminated aervices� and it might be better if North Ambulance chose to eliminate themaelves. Councilman kright asked why they should eliminate a pr+fitable service. Mayor Kirkham said that they will when it becomes unproYitable. The City Manager said that Unity Haspital would like the Police Department to call Umity at all times. He said that if the Council wished to direct him ta have the pelice do this, he wmuld suggest that it be done only after the direct telephone is u�stalled. Council:nan Wright said he would o£fer a substitute metion in place of his previous motion. MOT10N 6y Councilman Wright to conclude an agreement with Unity Hospita], for the eonnection o£ the telephone service preposed and direct the Police Depart- ment to call Unit;l Hospital and its facilities first whenever immediately and � quick.ly available� including thair back-up facilities frmm Mercy Hospital. :� re�resentative from North Ambulance was at the Council Meeting and sail that they w�muld leave if an agreement is made with Unity Hospital„ He saii they probably would come if called, if they were not tied up, but could nmt guarantee their service then. He said that it is not trum that they have taken pat3ents to North Memorial if they requested a certain hospital or i£ their £amily doctor is at another hospital. He said that it has been the choice of the Police Department to use their services. Councilman Wright said he hoped nobody would take his remarks as ever being dissatisfied with the service provided by North Ambulance as it has been excellent. Councilman Sheridan pointed out that North Ambulanc� has been giving the City Fire Department services that have not had to be requested� as on rescue runa and some fires, they £ollow the rig out, and he asked if Unity oould give the �a�ne type of coverage. Councilman Harris said that this taas a gaod idea, and he thought the Council should direct the Adminiatration to see if this service was available. Cvuncilman Sheridan said that perhaps the Council sheuld stand behind the present agreement until Unity�s second ambulance is ready. Council- man Wright said that they have to wait until the telephone is ready anyway� and said he ciid not want to make a precipitous change, so he withdrew his motion in £avor of any Councilman �heridan would like to make. MOTION by Councilman Sheridan to direct the Administratimn to see if the � same service wo�sd be ava�lab�e� frai� �Jr�? „yr Hasgital to the Cat�*, regarding emergency x�.�xis on behalP of the Fire Department, and the telephane hookup. Councilman 4drlght asked if this included the pravision that we Would procced with the telephane hookup, anc� Councilman Sheridan said, yes. Th� motien senonded by Gouncilnaan i�lright. The Manager of the Unity Hospital Ambulance 3ervice said that they will cooperate in any way they can with i,he Fire Department. Mr. Feterson £rom North Ambulance said they had been invsted into Fri�iley two years ag� by the Council and Chief McGarthy. He sazd that in a letter to Chief McCarthy about the runs they have made t� tinit,y HospitaZ, he reported that of the 37 runs North Ambulance has made since Nay 23, 1966� 1% went to Lnity Hospital, 11 went to North Memoria7 Hospitala and the rest to other hospitals. i g �� 8�/I�5/66 Mrs. Evans said that IInity Ambulance takes patients anywhere they want ta go, and they are not saying North does not} but their contention is that they should have had the runs in the iirst place. There was a discussion between Mr. Evans and Mr. Peterson on whether Unity Hospital was a tax sunported haspital. Upon Councilman �heridan's Motian, there was a vvice vete, there being no nays, Mayor Kirkham declared the mot3on carried. (C} I,E3CINGTOM: TA7�:S: � MOTEON by Councilman Harria to reeeive and £ile the cmmmunication from the Village of Lexin@ton. Seconded by CounciLnan Sheridan. Upon a n��_ee vote there beinb no nays� Mayor Kirkham declared the motlon carried, (D) MINNESOTA HTGHWAY UEPARTMENT - RTGHT-0F k*AY ACQUIS]TION: MOTION by Councilman Harris to receive ani file the letter fr�m the Minnescta Highway Depart�uent. Seconded by Councilman Wright. Upon a veice vote, there being no nays� Mayor Kirkham declared the mrrtimn carried� (E) TUBERCUTASIS ASSICIATION - USE OF ADDR�SSOGRAPH: Mayor Kirkham sazd that this ahould be referred tv the ltdministratian to in£orm the peoplce mf the Council's policy. The City Manager said that he had infarmed ttem, which is the reason they had written the letter asking for a iraiver. Councilman Sherzdan pointed out that it would not be �ust a case of the Council waiving it� but a case of it be�ng a Public Exzminer�a Office deciaion. N.OTION by Councilman Sheridan to receive the leti.er and a�k the Administratimn te write them relaying the Council�s regrets that they are unable to compJ.y with the request. Councilman Wright said he thought there ahoulti be some possibility of a � compromise. He suggested the City employees run oif the list �n plain paper and make it available ht coat to at�y private or public nen-profit or charitable orgar�ization. Councilman Harria pointed out that the determination had br�ught up the fact that they should n�t gm out with something they ha� not came in with. The City Attorney said that they pr�bably used a reverse direct�ry. Councilman Wright su��gested,that if they are still interested in a list, even i£ they cannot have it printeel on envelopes £or mailers, that tha City Make it availablE to them at cost. COUncilman Harris secmnded Councilman Sheridan's motion and upon a vaice vvte, there being mm �ays, Mayor K3rkham daclared the motion carried. May�r Kirkham said this communlcation is reminding the Cmuncil �f the new Municipal League, and inviting Fridley ta join. MOTION by Councilman Harris to adopt Heaoluti�n #133-1966 authorizing membership in the Metropalitan League o£ Minnesota Nvnicipa;_ities as ather communities within the newly formed Aneka Count� Municipalities have already joined and Fridley should be appmaed •f the same �_nformation theyc will be receiving, Seconded by Councilman Wright. Upon a vmice vste, there being no nays� Mayor Kirkham declare� the motion cariied. � (G) MUNICIPAL LEAGUE: MEMBERSHIP: Motion by Councilman Wright to renew membership in the League of M7nnesota Municipalities ani pay the dues statement. See�nded by Councilman Harris. Upon a ve�ce vote� thera be3rag n� nays� Mayor Kirkham declared the motimn carrieal. (H) FIRE CHIEF: MUTUAL AID NETWORK: Councilman Harris said he felt it weuld be an asset to be part �f this co�mnunicati�n system. MOTIDN by Councilman Harris to authorize an amount, not to exceed $90D, to join and to put in the neceasary equipment to connect to this service. Seconded by Councilmnn Samuels�n, ilpon a vaice v�te� there being no nays, Mayor Kirkham declared the m�eti�n carried. �IZ5/66 "';' �� (I) POLSCE CHIEF: IMPOUNDED PROPERTY: Councilman Harris 5aid that the Council had instructed the City Attorney to draw up a resolutio�� bnt this letter mentians that it should be done by Ordinance� so the City Attorney should be instructed accordingly. MOTION by Councilman Sheridan that the City Attmrney put additienal taordin� in the Oriinance stating tk�at aft�r the effective date� each January and July (specifying the dates they zrill dispese of accumulateal merchandise). He said that if the City waits nntil January� 1967, this would allow the Police Department to put everything accumulated so far int� the Police Pension �nd as the State Statute sets out that proceeds £rom such an suetion go into th� ' Police Pension biind, othercrisd� it will go t� the General F7urd. Councilman Wright suggested they leave it t• the discretion of the Police Department is case there is no� enough to auction� and say twice a year, if warranted. Councilman Harris suggested different months as the post office says July and January are the worst months. The Council decideel that once a year Has probably enough. Councilman Sheri�an said his motion ahould say once a year, after Jaeruary 1, Iq67� Seconded b,y Councilamn Harris. Upon a vaice vete, thera being no nays, Mayor Kirkham declared the mctinn carried. (J) NORTHWESTERN BELL TELEPHONE COMPANY: CABLE: M(?TION by Councilman Samuelsen ts� direct tMe City Attorney ta draw up an easement for the Telephone C�mpat�y pr�viding fer the repair v£ the str�et. He said that them, i£ it require� fliture reZ�cation, and the Work is to be done by the City, it would be at the Telephone Company�a expense. ".'he City Manager said that to save time ior the City Attorney� this could be made a stiFulation on the permit, i£ desired. Councilman Samuels�n said he wc�uld change his motion to be either an easement or a atipulation on the permit.� just so the permit did not get buried and forgotten. The City Engineer said that the City never has had a problem with the Utility � Companies. If the City tells them to move it' they move at. The motion was seconded, and upon a voice vote, there being no nays� Mayor Kirkham declared the motion carried. 1rISTTCJRS : . MFt. C305HY, 7�1 STREET TRAFFIC: Mr. Allyn Goshy� 6030 - 7th Street Northeast� asked i£ the Council had looked into the 7th 8treet traiffa pr�blem. She City Manager e�;plained that thi� had been referred to the Sa£ety Cemmittee and they do not meet until Wednesday. J�3N MEYE`R: HOUSIN(i ,4UTHORZTY: Mr. Jahn Meyer briefl�y- reviewed a letter he had transmitteal to the Counc3l £rcxn himself as Vice-Chairman of the Fridley Housing and Redevelopment Authority� He said it ¢onfirms their oositiron that two members of the FHRA can act ��.anultaneousl,v �n the Human Relations Co�nittee and the FHRA according to the Attorney General�s Opinion. He said he also had pointed out in his letter, that Mr. Herder and Reverend Kendall had resigneel from t,he Human Ralations Cormnittee in order to remove any doubt Qf statutory incampatibility. He said he asked the Mayor to consider the reappointment �f thes� two men t• the Fridley Human Relations CQmmittee or, i£ their time or other committments do not allaw thisa to appoint � citizens ef similar respect and stature to the Comnittee. He said he had a copy of the Attorney General's opinion i£ they have not received one. Mayor 1{irkham thanked Nir. Meyer and said that they had not reeeived a capy and he would reserve any r,c+irmients he had umtil he had a chance to study this himself. Councilman Wright said he ha� a cspy which he would give tr the City Attnrney � Councilman ��right said that the record shows that at the time the Mayor declared the vacancy, Councilman wright had ebjected vigmrously on the questions o£ law and propriety, but the City Attsrrney had been ready with an opinion which has been overruled by the Attorney General of Minnesota. ,� �� 8/15/66 Councilman Wright said he would like to read into the record, a relavant portlon of the Attarney General�a apinion, He stated that the 1�tter Nas xritten to Mr. Leanard T. Juster� signed on behal£ o£ Attorney Geaeral Mattsan by D. E, Wsodworth, Special Assistant, and dated �ugust 8, 1966. He said -cliat the opinion was in answer to the following five questions: (1) Is there a conflict of interest betxeen membership on the Fridley Houeing and Redevelopemeni Authority and membership on the Fridlqy Human Melationa Committee,? (2) If the reply to item No. 1 is affirmative, is this defect � in membership on the Authoritg retroactive? Does this meui that a post on the Authority was never legally filled because of conflict of interest? (3) If the reply to item No. 2 is afYirmative, what is the legal status of oificial actions taken by Authority members who have cited con£lict of interest? (4) If the replq to item No. 2 is afiYrmatine, at what point in time were members mf the Authority with � conflict of interest net legally occupying Authority positimns? (s) If the reply to Item Ns. 2 if a£firmative, daes (the) Mayor •P Fridley have the power to appoint new members wf the A.utherity under the conditions cited in this letter? Councilman Wright then read the £oll�wing Op,'snimn; nYour questions concern a possible statntorg zncompatibility rather than a conflict af interest between sf£ices. lt arises becausa of the express prohibztian contained in M.S. S 462.�25� Subd. 5„ Said subdivisisn, which has reference to housing nnd redevclopment commiasions= provides in part: rrAn authority shall consist of Five commissioners, � who shall be residents af the area of operatian e£ tMe authority� wha shall be appointed after the resolution provided for in this section becomes finally effective. N� public afficer or employee shall be eligible to serve as a ce:nmiasioner but a conunissioner ma be a n�ta public.^ Emphasis added . The issue th�refore is whet,her sr not members of the Fridley Human Relations Committee are ��public oSficers mr employaea" cvithin the purview of this prohiia:tion so as to make them ineligible to ;,erve as commissioners on the Housing and Redevelopement Authority. In making this determination we not that the Auman Relations Committse has no legislative, �udicial, or quasi-judicial powersa It does not serve as a law enforcament agency. It has no pewer to hear and decide disputes involving civil rights •r any �ther matter. lt does not perferm any mini sterial functions� and the members of the co�i.ttee serve without cempensation. At most} the committee is merely an advisoxy body having the power to investigate civil conditions and make recommendations to the City Council but no p�wer to implement policy. It must rely on action by the city council or veluntary implementation of the policy by private citizens� businessea and employers. Tts fhnction is to assist the city oouncil is establishing and developing a local policy designed to promote equal opportunitie5 for alI citizens and to eliminate biases and prejudices. The cemmittee serves � no other purpmse. Hecause the members serve without cempensation and the coimnittee has - no legislative, �udicial� quasi-judicial� or law enf�rcement pawers, we d� not believe that the members are sueh pub3la ofFicers or employees as are precluded by SS 1162,1�25, subd. 5� from serving as members �f the Pridl�y Housing and Redevelepment Authority. 1 (1CF. The general rule as to statutory limitations mn public office which provides: nStatutes imposing disquali£icati�ons are to be construed atrictly� while those declaring qualifications are to receive a liberal construction." i�2 Am. J+zr. "PuUlic Of£icers�' � 37, P. 908.) Rephrasing ymur £irst question so that it refers to a possible statuter,y incompatibility betwee� offices� we answer this question in the negative, and �� 8/15/66 th� remaining questions are therefore rendered mcot. Please £ind Op. Atty. Gen. 358e-1� May 16� 1966� enclmsed ffmr yuur benefit. Councilman Wright gave the letter to the City Attorney £or his use. The City Attorney asked £or a cmpy o£ the letter requesting the opinion� in crhich the £acts on which the opinion is based are stated. MJTION by Councilman Harris to receive the catmnunicatimn from the Fxidley Housing and Redevelopment Autharity, and that the opinion sm rendereci be turned over to the City Attorney. The motion was aecmnded� and upon a voice vote, thare being no nays� Mayor Karkham declared the motimn carried. Councilman Sheridan stated that� in light of this Attorney General�s Opinion� he felt this bmdy should give a publie apalogy to rlr. Riehapci Herder, Councilman Sheridan said that at th� time of filling the appointment� he had asked that this suppased vacattcy be ��id over until the next meeting� s� that he could ask Mr. Herder to resign. He said this request was denied and the appointment was made� and he feels it is a common courtesy that the Council publicly apoloeize to Mr. Herder £or the previoua action. Mayor Kirkham said that if any apology is in mrder� 3t would be his as he taas the one wha took the action. Councilman Sheridan said that the Council is a pnblic body and he £elt it should cotne from the Eounc3l. Mayor Kirkham said that he did not intend to take any action this evening, as he wanted time to stu�ly and evaluate the opinion� and was not prepared to make a comment one wa,y or the other. Councilman 3heridan saiel that this tras all right as leng as ateps were taken t� rectify,it. Cauneilman Wright said that in h3s opinion, a similar apalogy was due Reverend Kendall. L�.ebl: WEEDS: Mr. Frank Liebl, 222 Mercury Drive� asked if the Council had amended an Ordinance to do a better job of taking care of the weeels. Mayor Kirleham e�lained that it +aas a State law and nearly unworkable. The �ity Manager said there was a thick £ile on weed complaints, and t,he be�t thing the Weed � Inspeotor cou7.d do was spray� as nobody will come in and cut them becausa lcts are rough from �3umping. He suggested that the Anoka County League of Municipalitics ceuld laok into this as a group and get some action, as thero is a County Weeal Inapector. Councilman Harris said that they probably could refer it as a joint body back to the County Commissianer. Csunc�lman Sheridan suggested that the people could get burning permits and barn off the weeds where it is so rough that it is hard on equipment, Mr. Meyer asked abqut the cost o£ Metal '�no dumping signs. The City Manager said that there would be the prcablem of posting on privat� property. Mayor Kirkham said it seems there is more trash around the signs #,han-any place else. RAILROAI] ACCESSORIES PliRMIT: Councilman Samuelson said that the Railroad accessmries wanted to bnild a small addition of 70� x 30� to their building, but the request had coma im too late for the 3uilding Aoard Meeting. He showed the plans to the Council, MOTiON by Councllman Harris to grant a Buildin� Permit to the Railroad Accessories Company. Seconded by Councilman Sheridan. ttpon a voice vote� there b�ing no nays' Mayox Kirkham declared the motion carried. COMhhIENDIIdG COI3NTY ON EAST R1V.H',R ROAD: Co�mr.i7aean Samuelsen said hQ had enjoyed riding down Esst River Road new that the County has trimmed +he +,reec and removed the stumps. He suggested the � CQUncil write a letter to the An4ka Roard o£ County Coirunissianers coirunendmg them on a fine job of c7.eaning up Fridley and the main thorough£are inta Anoka County. I,€�CKE PARK � PICNIC : The City Manager sa3d that Metalurgicala Incorporated has requested the use o£ Locke Park August 20th for a£amily picnic o£ 150 people. MOTION by Councilman Samuelson to receive and file this request. The motimn was seconded,and upon a vaice vote, there being no naysy Mayor Kirkham declared the moti�cn carried. M & I AUTO SIIPPLY: Councilman Harris suggested that the Admin3stration and City Attorney look 3nto � � � the possibility of the restoration or destruction af the north section of the M& I Auto Supply building. The City Mana�er said that these people had been to see him� and he will have a report on it on the agenda at the next regular meeting.. SENATE COMMITTEE OFFICE: Mayor Kirkham said he had received a Notice from the Sanate Conunittee Gffica oP a Public Hearing ta be held im Duluth August 2l�, 25, and 26, 1966, and asked if anyone could attend the meeting. Councilm�n Harris said he wouli be in Duluth� and c� 11 be able Ao represent the City at same of its MOTION bp Counc_lman Wright ta reimburse Councilman Harris far the regis- tration fee and any necessary expensea. �econded by Councilman Samuelson. Upon a voice vete, there being no nays� Mayor Kirkham declared the mcti�n carried. $E�ERAL CLEAN UP Or CITY HALL BACK YARD: Councilman Samuels•n said that if the north wall of the building is to be painted, the yard out in back �£ City Hall is deplorable� the fence was lost in the tornado, and the trucks could be parkeel in an orderly line. He felt this should be cleaned up also and the Council agreed� ADJOURNMENT: There being no further business, Mayor Kirkham declared the Regular Counail Meeting of August 15� 196b adjo�.rned at 12:15. Hespectfully submitted� e�`�--��7 l.�% �� / / /C✓t/ // � � � � �l/��L� � �/�= l a,t{� Mary Lu �trom Acting Secretary to the Council , l �� {� / /�/ J / /'^����C !� L / / � Z /� i <.i N.� , j Jack 0. Kirkham " MAYOR THE kIINtiTES OF THE SPECIAL COUNCIL MEE1'.[NC� OF Ai1GUST 22} 1966 The Special Council Meeting of August 22� 19b6T was called to order by Mayor Pro Tem Dave Harria at 7:15 P.M, ROLL CALL MIINBEHS PNESENT: Harris, 5heridan, Samuel�on MEMBF�iS ABSENT: Kirkham� Wright PUHLIC HEARING ON ASSESSMENT HOLL FOR WATER IMPROVP]NIENT PROJCCT N0, W-3P�-0 w_7 _ _._ The City Manager x�ad the Notice of Hearing, There was no one presEnt t� object te the assesEment r�ll utd there had been no written objections. Mr. Olson of Comst�ek and Davis explained the project for the benefit of the Council. The Ceuncil had no questions. Mayor Pro Tem Harris declared the hearing closed at 7:J0 F.M. PUHLIC HEARING ON A,S5ESSMENT ROLL FOA SEWER AND WATER IMPROVEMENT PR(WECT No. 73-8: The City Manager read the Notice m£ Hearing. Counciiman Harris asked i£ there were any written or oral objectiona. There were none. Councilman Samuelson asked if there had been petitions for this pre�ect. The Finance Directer drew the Cauncil�s attention to the listed petitions, but pointed out that Project No. 7j envelspes several things� and some mf the petitions shwld nat be on the list fer this particular part, Mayor Pro Tem Harris declared the hear�ng closed at 7x31� P,M, r'�' �^y �u m_� 8!];t66