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03/20/1967 - 00021030THE MINUTES OF THE REGIILAR COUNCIL MEETING OF MARCH 20, 1967 � The Regular Council Meeting of the City of Fridley was called to order by Mayor Kirkham at 8;03 P.M. OPENING CEREMONY: Mayor Kirkham asked that the audience stand and say the Pledge of A1legiance to the Flag. ROLL CALL MEMBERS PRESENT: Rirkham, Harris, Liebl, Samuelson, Sheridan MEMBERS ASSENT: None APPROVAL OF MINUTES, REGULAR COUNCIL MEETING OF MARCII 6, 1967: MOTION by Councilman Samuelson to adopt the Minutes of the Regular Council Meeting of March 6, 1967 as submitted. Seconded by Councilman Lieb1. Upon a voice vote, there being no nays, Maqor Kirkham declared the motion carried APPROVAL OF MINUTES, SPECIAL COUNCIL MEETING OF MARCH 8, 1967; MOTION by Councilman Sheridan to adopt the Minutes of the Special Council Meeting of March 8, 1967 as submitted. Seconded by Councilman Samuelson. Upon a voice vote, there bexng no nays, Mayor Kirkham declared the motion � carried. APPROVAL OF MINIITES. PUBLIC HEARING MEETING OF MARCH 13, 1967: Councilman Samuelson said that the minutes should be cozrected on Page 29, under the heading, "CITY ENGINEER - ADDITIONAL WORIL ON W�LL ik3" to include the last sentence of the first paragraph in his motioa so that the motion reads, "MOTION by Councilman Samuelson to grant the 6 day extension of work on well ��3 as requested by the City Engiaeer, the cost of the work to remove the baiLer fzom the well to 6e borne bp Comstock &➢avis." Councilman Samuelson requested that the minutes be corrected on Fage 30 under the heading, °MR VANDAN COMPLAINT ABOUT ILLEGAL �QUIPMENT TAG", to include his answer to Mr. vanDan`s statement calling the Police Officer stupid, so that the sentence in the fifteenth line wi11 read, "Councilman Samuelson pointed out that this was a Special Meeting and this item was aot on the agenda, and that a better ad�ective than the word, "stupid" could be found with regard to our Police Officers. MOTION by Councilman Samuelson to adopt the Miautes of the Public Hearing Meeting of March 13, 1967 as corrected. Seconded by Councilman Lieb1, Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. PUBLIC HEARING - ST. 1967 � Mayor Kirkham explained to the people that Improvement pro7ects are initiated by the people, and usually by petition. He explained that the 1aw requires a hearing for all the people interested in the pro�ect. He asked the City Engineer to outline the pro�ect for the people. The City Engineer outlined the proFnsed street improvement on the map and ex- plained that 63rd Avenue from University Service Road to 4th Street extended, and 63rd Avenue, 4th Street extended to Sth Street had been petitioned by the property to the north. He explained that on RainUow Drive, 61st Avenue to REGULAR COUNCIL MEETING OF MARCH 20, 1967 PAGE 2 Comet Laae, there had been storm sewer construction in the area, attd the City would be able to use the $1800 cost provided in the storm sewer pro�ect toward permanent construction of a street if the people were in favor of it. He said that lmprovement of Arthur Street, Mississippi Street to the North � property line of Rice Creek Elementary Sch�ol had been ree�uested by the school whose property is on the West side. Mayor Kirkham said that each of the proposed pro�ects would be taken separately. 63RD AVENUE: UNIVERSITY SERVICE ROAD TO 4TH STREET EXTENDED, 4TH STREET EXTENDED TO STH STREET: Councilman Liebl said that he would like to ask the audience if there was anyone here either for or against the pro�ect. Mr. Ernest Powe11, 6241 Sunrise Drive, said that he had been at a Public Hearing last fall when this same street had been brought up for repair, and that he was not in favor of a street going through beside his property, Councilman Harris asked if this had been by petition and what percentage of property owners there had been. The City Engineer explained that this had been petitioned by the bank on the north side and one property owner on the south side. Mr. Ray Carlson, representing the Fridley State Bank and a Holding Company who own the property north of 63rd Avenue, said that they are in favor of this pro�ect. He said that Mr. Dodie, who owns a duplex on the south side of the corner of Sth Street and 63rd Avenue also signed the petition. Mr. Carlson said they would like to see the street go in to help facilitate , the flow of traffic along the service drive and around the shopping center. Mr. Powe11 said that the last time there had bee❑ a Public Hearing, Mr. Kay's property had also been against the pro�ect, but he is now deceased, He said that their property together had taken up 3/4 of the length on the south side, and there was not a definite land use on the south side as far as driveways are concerned He asked if curbing were put in, would they be able to get two cuts in the curb in the commercial width of 22 feet. Councilman Samuelson said that this would be possible and at no extra cost. He said that this is not difficult to do. Mr. Carlson said that the real estate company selling the Kay property had indicated they were interested in seeing the pro�ect go through. Councilman Lieb1 asked him what percentage of the land he represented. Mr, Carlson said all the land on the north side. Councilman Liebl asked Mr. Powell how much land he had Mr. Powel said 300 feet. Councilman Liebl pointed out that he would be assessed for both the street and curb for this length. Mr. Powell questioned the inclusion of storm sewer on the Notice of Hearing. The City Engineer said that there is a 1ow hole in the east half of the street, and if there is enough fill, the street can be built up, and then a storm sewer might aot be necessary. RAINbOW DRIVE: 615T AVENUE TO COMET LANE; CounciLman Lieb1 pointed this street out on the map and explained that when , the 5-C storm sewer construction is completed a11 the utilities wi11 be in and the City Engineer has pointed out that if the people are will�ng, the City can complete the pro�ect with a permanent street with concrete curb and � � � REGIILAR COUNCIL MEETING OF MARCH 20, 1967 PAGE 3 gutter and save $1800. If the people do not want to put in a permanent street, a temporary one wi11 be built, and the people will be assessed less, but wi11 be wasting $1800. Mr Molinaro, a visitor to the Council Meeting, said that it seemed to him a storm sewer had been put in a few years ago in the 6200 block which was supposed to take care of the area, and he felt this was an example of the people paying once and then paying again. He said they had paid for a main on Highway 100 and for a sanitary sewer which had to Ue revamped and probably used up the easement that was intended for this storm sewer. Councilman Lieb1 explained that the pipe being put in 1s a 34" storm sewer which will drain the Sylvan Hi11s Park faster. He said h� had been assured by the City Engineer that it will be done the right way. He said he would like to point out that the sanitary sewer problem in Sylvan Hills has been fixed and that it was (`%�;%:%��)not assessed to the people in Sylvan Hills, but paid by the sewer maintenance fund, however, if a permanent street is put in, this wi11 be assessable. Mr Molinaro said that Supiter Lane, Supiter Street and Comet Lane are aLso being torn up and asked why they were not being considered. Councilman LieUl said the City would like to complete the whole street The people �vould have to be contacLed to give their consent, or to petition for it. Mr. Molinaro said that he was Ln �avor of curb and better street, but he wanted to make sure it was not to coriect a mistake the people have already paid for. The City Engineer explained that the storm sewer will only be assessed once, and L-hat it is the last 1eg of the complete pro�ect that is beiag done now. The assessment cost for everyone in the whole area wi11 be $3.05. Councilmaa Sheridan explained that the Sylvan Hi11s Park had heen used as a sump, Uut the Parks and Recreation Commission, Council and residents wanted a park, and by doing this last leg, there wi11 be no sump. The City Engineer outlined the whole drainage district on the map, and explained that when this third leg of the pro�ect is completed the assessment wi11 be levied. Mr. Powell said that he had an assessment on his property for storm sewer. The City Engineer said that in 1956 a 72" main line was put in but the cost of $3.05 wi11 cover this and a credit wi11 be given accordingly, Mr. vanDan, a visitor to the Council Meeting, said that in a previous hearing he had pointed out that the land north and south of 63rd Avenue had natural draxnage and did not ber.efit from a storm sewer. Councilman Sheridan said that the land sti11 benefits, because whether you live on top of a hill or at the bottom the waCer has to go somewhere and this has Ueen the Council policy and the Supreme Court says there is the same benefit. The City Attorney said that this has been tried in court and upheld every time. Mayor Izirkham reminded the people that this was a hearing on street, and that the storm sewer had been approved and is going in. Councilman Lieb1 said he would like to point out that if- the people go ahead with a permanent street there wi11 be a substantial saving. He said that as Councilman of the 3rd Ward he recommended they go ahead with the pro�ect, as a temporary street might only last 18 months and then they wi11 have the same problem. He said thattE has polled some people and they have said let's do it, Mr. Sokol asked for his assessment. He was told it would be $637 S0, as would all the other lots except one which was a 90 foot 1ot rather than a 75 foot lot, It was explained this wpuld be spread over a 10 year period. Mr. Harold Bistodeau, 6100 Rainbow Drive, said that street will be going in oa both sides of him as he has a corner lot, and asked if he will be assessed for both sides. It was explained that he wi11 pay $637.50, now and 1/3 of the side 1ot when the other street goes in. (*��%�%�%� �) SEE CORRECTION IN THE MINUTES OP THE RP�GUI,AR COiTNCIL MELTING MINUTES OF APRIL 3, L967, UNDER THE HEADING, "APPROVAL OF MINUTES, REGULAR COUNCIL MCETING, MARCH 20, 1967" R�GULAR COUNCIL MEETING, MARCH 20, 1967 ARTHUA STRE�T: MISSISSIPPI STREET 'LO NORTH PROPEATY LINE OF AICE CREEI� ELEMENTARY SCHOOL: PAGE 4 �1r. Gordon T�osvold, 6545 Arthur Street, said he was in favor of the � improvement and would like to know the cost of the storm sewer and the street, and which way it will run. The City Engineer pointed the street out on the map, and explained that there is a big hole in which water sits and there will be a storm sewer to serve this. He explained that there are two pro- posals before the Council. A temporary street until the stoxm sewer is put in or a permanent street if the school would give an easement along the road which could be used for the storm sewer. He said that he felt that if the City can get an easement from the school, they should put in permanent paving Councilman Samuelson said that a temporary street wi11 cost $7,000 and a permanent street $21,000 or $523.80 for permanent street and $170.40 on a temporary street with no curb aad gutter, and spread over a 5 year period rather than 10. Mr. Miles, 6553 Arthur Street, said that they have an alley behind them and half the time cannot get out and in. Councilman Samuelson asked if it was graded and Mr. Miles said it was not. Councilman Liebl asked if it was a dedicated alley. A visitor asked if it is not dedicated are the people responsible for grading and plowing, and the City Attorney answered, yes. Mayor Kirkham explained that if the people wanted to petition for the improvement, the C,ity could do it, but they do not initiate the pro�ects. 1he City A[torney explained that some alleys are public and some are not. It depends on how they are platted or if they have been dedicated, and this is something that would have to be checked. Councilman Samuelson said that there are a number of road easements throughout the City, and the City does not improve them until they are petitioned. A visitor to the Council Meeting asked why this street pro�ect has taken so � long. Mayor Kirkham said that, before, the ma�ority of the people were not in favor of it. The visitor asked what the school wanted. Mayor Kirkham said that the school was in favor of permanent streets. Mayor Kirkham asked if the people at the Council Meeting were in favor of a permanent or a temporary street, or ii they were opposed to the pro�ect. There were three persons present interested in this improvement and a11 favored a permanent street. The City Engineer was asked when this improvement could be started. The City Engineer said that if they were successful in getting the easement, they could di it in this season, perhaps starting around the cnonth of 7uly and completing it before winter. Mr. Mi1es said he would like to know who to see to find out where the $74 raise in his taxes was going. Councilman Samuelson told him to speak to the City Assessor. CounciLman Liebl said he would like to point out that the City taxes went up less than 1/2% this year, and that there are 7 government taxes, of which the highest is the School District and the second highest the County. He explained that the taxes have gone up because the taxes had to be equalized in every County He said that of the $74, the City's share would be $8. Councilman Lieb1 said that as a Councilman he was lookiag for another source so property owners did not have to carry so much. He said it was very important that taypayers go to School Board � Meetings. We have a highly rated school in District ik14 with excellent staff and facilities, and we are paying for what we have, REGULAR COiINCIL ME�TING, MARCH 20, 1967 PAGE 5 Councilman Samuelson said that he noticed there was no consideration ]isted for sidewalk on the west side of Arthur Street to take the children from Mississippi Street to the school, and he wondered if this was in the realm � of possibility. Mr. Powell asked if the storm sewer easement would be in the way of sidewalks. Councilman Samuelson felt there was plenty of room. Mayor Kirkham closed the Public Hearing on Street Improvement Pro�ect 1967-1 at 8:57 P.M. PIIBLIC HEARING - STREET 1967-2 (ADDENDUM 9kl): Councilman Liebl pointed out o❑ the map the County desigaated streets and the State Aid designated streets. He explained that the City is completing work on 5torm Sewer Pro�ect SC and then a11 the utilities wi11 be in and then 61st Avenue from Main Street to University Avenue will qualify for State Aid, and 40% of the cost will be shared by the State. He explained that if the � peopLe do not do it now, they wi11 have to pay that 40% later. He explained that sidewalks have been included in the pro�ect, and it will be up to the Council whether to have them on one side or both sides, which will gain the people money eventually by not having to bus the childien He said that eventually 61st Avenue will go acioss to East River Road when they get the right-of-way from the railroad. A visitor to the Council Meeting asked c,�y it will go all the way to East River Road. Councilman Lieb1 said tlzat there is a plan for a new school. The visitor said that it wi11 be no benefit to have more traffic going Uy his house. Councilman Liebl pointed out that if it is done permanently, eventually a temporary road wi11 Ue put in and there will still be the traffic. He said that it is already designated a County road, and if sidewalks are put in it will benefit everyone in the school � district. Gouncilman Liebl said he had to plan for the future and make sure things are done the right way the firsY time. The visrtor said he could not see the benefit of going all the way to East River Road as this will make it a speedway and there is no effort to control traffic on 61st Avenue now. He asked who had petitioned for this improvement, The City Engineer said that they are putting a storm sewer on 61st Avenue and the cost to repair the street willbe $2800. He said that the Councilehose to ask the public if they wanted this money to go toward a permanent street so that it wi11 be a complete improvement. Mr. Powell said that at a previous hearing the Consulting Engineer had said 61st would be temporary until a situation with another sewer line was �lecided. Councilman Samuelson said that the Council must review the possiblity of the future extension of the 61st Eanitary sewer line to the NSSSD line before they decide definitely on the street. Councilman Liebl said he uaderstood that the sanitaxy sewer is complete, but that the Council had disrussed investigating a relief line to relieve 61st Avenue and they were still working on the problem. He said that NSSSD was not looking favorably at what they had proposed and there were other possibilities. Councilman Harris explained that this was to take care of the bottleneck they had had. Mayor Kirkham said that the Council wanted the feeling of the people if it was determined there was no need to tear up the street, w6ether to go ahead with temporary or permanent. Councilman Liebl asked why they were discussing it. It should wait until the work was done. He said that he was embarrassed by this, and felt he had been misled, as he was under the impression everything � was in, Mayor Kxrkham said that this was not intentional, the Council st�11 had not determiaed whethex to go ahead with a particulax alterna�ive Councilman Liebl said that he thought this pro�ect should be tabJ.ed. REGULAR COUNCIZ MEETING, MARCH 20, 1967 PAGE 6 A visitor to the Council Meeting asked what the cost would be if everything were put in in the best form including the State Aid. Councilman Lieb1 said that it would be $2.42 a foot not counting the sidewalk, which would depend on whether they were put in on one side or both sides. The Finance Director � said that the cost would be spread z way up the block to the north and z way down the block to the south, and the street surfacing, concrete curb and gutter would come to $2.42 per foot. The sidewalk is fxgured separately and there are many things to be decided on this. If oaly the footage on 61st Avenue is considered, they would figure only 1/3 of the footage on a corner lot and these are almost all corner lots. So it would go from $6.54 (not spreading it up the block at all) to $.45 a foot if only 1 sidewalk is put in and assessed half way up the block. A visitor asked if he would be assessed if a retaining wa11 was necessary. Councilman Samuelson said that this would be assessed as part of the overall pro�ect. Another visitor pointed out that the sidewalks on Mississippi Street had not been used this winter. It was explained that it was because of the extreme ice buildup we had. Councilman Samuelson said that it has been provided that the City wi11 take care of the sidewalks. Mr. Carl Paulson asked if there had been any feasibility study for the County to take over 61st Avenue. Mayor Kirkham said that this has been considered, but that no determination has been made. Mayor Kirkham asked if the Council decides that a11 utilities are in and there is no need to dig the street up again, do the citizens prefer to go ahead with a pe�maflent street rather than a temporary one. One visitor to the meeting said that if the street is to go through to East River Road, no� but if it is �ust ta go to Main Street to service Plidland and Holiday he said, fine. Another man asked about the possibiiity of widening Mississippi Street, and Mayor Kirkham told him that this will be improved �ust as it was between Central and University. There was a discussion about the width 61st will be, � which is 44 feet with a 66 foot right-of-way; where the sidewalks will be, whether the driveway blacktop wi11 be repaired, the people were told it will be matched and repaired; how the assessment is spread and the interest rate. Mayor Kirkham explained that this hearing wa;� the pro�ect hearing, and that there would be another assessment hearing. A visitor said that the people would not ob�ect to the street east to Main Street, but the Council will have trouble on the other side to East River Road. Mayor Kirkham said that his ob�ections wouLd be taken into consideration, There was also a discussion of how the assessment is spread 2/3 along the side, z way up the block. Mayor Kirkham closed the Public Hearing on Street Improvement Pro�ect 1967-2 (Addendum 1) at 9:30 P.M. RECESS Mayor Kirkham called a recess and the meeting reconvened at 4;50 P.M. VANDAN. COMMENTS: Mr. vanDan said he had addressed the Council at the last meeting, and he would like to make a few comments Mayor Kirkham said that there was a section on the agenda for visitors, and the Council would have to decide if he should have the floor. Mr. vanDan said his comments were on the minutes of the last meeting, Mayor ICirkham asked the Council if there were any ob�ectioas. No � one ob�ected. Mr, vanDan listed the Chapter Sections that point out that only five of the men at the Council table are members of the City Council. He pointed out REGULAR COUNCIL MEETING, MARGH 20, 1967 PAGE 7 the Section that stipulates the City Manager may take part in discussions, but cannot vote, and that subordinate officers have no vote. He said that while he had been speaking at the last meeting, the City Attorney interrupted ' him and made personal remarks uncalled for in connection with his duties on the Council. The City Attorney said he would speak when he was personally insulted, and he said that the men on the Council �aere well aware of the City Charter and are all better aware of his duties than Mr. vanDan is. Mr. van➢an said that when he was addressing the Council, Councilman Harris was discourteous enough to walk out and talk to the representative of the press and either intentionally or unintentionally barred the reporter from reporting what Mr, vanDan had to say. Councilman Harris said that the indication that he had given the Council that he was a constitutional lawyer and had a h�gh IQ was insufficient to be able to tell Councilman Harris that he could not do what he wished. He said that the reporter was Leaving and he wanted to catch her before she 1eft, and this was his prerogative. Mr, vanDan said that as his representative he owed Mr. vanDan the primary courtesy of listening to what he had to say ORDINANCE ik358 ESTABLISHING A SUB-COMMITTEE OF THE PLANNING COMMISSION AS TIIE BOARD OF APPEALS AND ADJUSTMENTS AND REPEALING SECTIONS 45.38, 45.331, 45.39, 45.391. 45.392. 45.393. 45.394. 45.40. 45.401. 45.41. 45 42. 45.421. 45.422, MOTION by Councilman Harris to adopt Ordinance �k358 upon Second Reading, waiving the reading, and publish. Seconded by Councilman Samuelson. Upon a roll ca11 vote, Kirkham, Harris, Liebl, Samuelson and Sheridan voting aye, nays, none, Mayor Kirkham declared the motion carried unanimously. � COMMITTEE APPOINTMENTS: (PLANNING COMMISSION - TEMPORARY APPOINTMCNT): Councilman Harris said that at the last meeting Mayor Kirkham had indicated that each member should be thinking about someone to be temporarily appointed for Kenneth Kravik, and he would like to suggest Mr_ Tom Myhra. MOTION by Councilman Harris to appoint temporarily, Mr. Tom Myhra, 6360 Able Street Northeast, presently employed by School District �k14, to the Planning Commission. Seconded by Councilman Samuelson Councilman Liebl asked which Ward Mr. Myhra lived in. The City Manager said the 2nd �dard. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously. The City Manager was asked to notify Mr. Myhra (BOARD OF APPEALS): The City Manager said that the Chairman of the Board of Appeals wi11 Ue bob Ylinen, member of the Planning Commission. lIe said that as this is being reorganized, the Council could name four new members, or if they choose, ask Mr. Saunders to finish his term. Councilman Harris said he would suggest that they ask Mr. Saunders to finish serving his unexpired term. Councilman Sheridan said that he agreed with this. Councilman Sheridan said he had � contacted Mr. Bergman, but he had declined to accept. Councilman Samuelson said he had checked and the following were willing to serve: Mr. Robert Ahonen, 330 Osborne Road; Mr. Don Mittelstadt, 6940 Hickorp ➢rive Northeast; Mr, Robert A. Minish, 331 Pearson Way Northeast. Councilman Sheridan suggested he appoint each to one of the expiration datas. REGULAR COUNCIL NI��TING, MARCH 20, 1967 PAGE 8 MOTION by Councilman Samuelson to appoint Mr. Ahoaen to the term that expires Decem6er 31, 1968; Mr. Minish to the term that expires December 31, 1968; and Mr. MitteLstadt to the term that expires December 31, 1969. Seconded ' by Gouncilman Liebl. Upon a voice vote, there being no nays, 47ayor Kirkham declared the motion carried unanimously. BIDS - TREE BEAUTIFICATION (TABLED 3/6/67); Councilman Sheridan said that his research on the price of trees had not proved to any advantage, and that the bids were we11 wrthin line. MOTION by Councilman Samuelson to award the contract for the Tree Beautification Program to Bob's Produce Ranch based on an Ash tree as the most economical bid item, and that the Park Board participate for the first 50 trees, with the balance to be put on the boulevards, the location of the trees aad planting program to be under the supervision of the Park Director. Seconded by Councilman Sheridan for discussion. Councilman Sheridan questioned if the Council wanted to consider staking only those in the most vital corners, and eliminating the wrapping. Mayor Kirkham said that the Council was going to do this through negotiations to get a better price. Councilman Liebl asked if there would be some trees placed in boulevards ox �ust the approxi- mate area where the tornado destroyed trees. Councilman Samuelson said that there would be boulevard trees anticipated also. Mayor Kirkham said these would be houlevards in tornado areas. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously. 1 CTTY HALL R�MODELING (TABL�D 3/6/67); The City Manager suggested that the Council study the drawing from the architect, and meet with the architect if they wish, and work toward what- ever plan the Council approves. He said that originally the building was going to be left as is until there was more money available, but there is some work necessary for health and safety factors. Councilman Samuelson said that we will be moving into the new City Ha11 approximately the lst of September and his question is the concept of the use of this building for Pire and Police, and the concept changes whether the tunnel is installed or not. He said that the Council must decide which is most advantagous for the Departments. He said that as far�as minimum repairs, there is not use fire- proe�fing the garage if it is not used, which is one reason he would like to sit down with the Fire, Police and Administration and plan which way they want this to operate. Councilman Samuelson asked Chief McCarthy if he had any comments. Chief McCarthy said that he felt the first decision would have � to be whether the Council wants the building attached or not He said that if they decide to put in the corridor and tunnel, he would suggest they go along with the architect's plan, Uut if not, he, Chief Hughes, and Chief Aldrich had a plan of their own which they would like to use using the m present front door Councilman Samuelson said that the estimated cost of the tunnel should be back from the architect soon. Chief McCarthy said that primarily it wi11 be a corridor from the upper 1eve1 of the new City Hall to the upper level of this building that is important, the tunnel is �ust under it. Councilman Samuelson said that the City Manager had led him to believe the tunnel was the most important. The City Manager said that he had not meant to do this if he had, and had obtained an estimate for the first floor tunnel, but the builder had suggested putting the tunnel in now because it was cheaper. Mayor Kirkham asked Councilman Samuelson if he would continue working on �tting the plans worked out. Councilman Samuelson said he would be happy to do this. Mayor Kirkham said that he too thought the City Manager had iadicated the lower corridor was the most important. Councilman Samuelson said that without the corridor, there would be no continuity for their operat�on, which would be no good. ' ' REGIILAR COUNCIL MEETING, MARCH 20, 1967 PAGE 9 Councilman Samuelson aiso questioned whether the communication center would be programmed into the new center or this building. Chief McCarthy said that the ma�or part of the communication system wi11 be in the new building, � and the dispaL•ching wi11 be in this building, either in the front or the back depending on the p1an. The City Manager said that the cost of the whole thing would be $21,000, and that it had been the architect that had suggested this lower corridor, he had recommended both the upper and lower corridors. Councilman Samuelson said he would pursue this and bring it back on the agenda as soon as he has so•nething for the Council ORDINANCE ��359 TO AMEND THE CITY C S lP.D. DISTRICT - MOTION by Counc;.lman Harris to adopt Ordinance �'k359 upon second reading, waiving the reading, and publish. Seconded by Councilman Samuelson. IIpon a ro11 call vote, Kirkham, Harris, I,ieb1, Samuelson and Sheridan voting aye, nays, noae, Mayor Kirkham declared the motion carried. ORDINANCE 9�360 ESTAEI.ISHING STANDBY PAY FOR CITY EMPLOYEES AND AMENDING SECTION 3.02 OF THE CITY CODE OF THE CITY OF FRIDLEY: MOTION by Councilman Sheridan to adopt Ordinance �f360 upon second re2ding, waiving the reading, and publish. Seconded by Councilman Liebl. Upon a roll call vote, Kirkham, Harris, Liebl, Samuelson, and Sheridan voting aye, nays, none, Mayor Kirkham declared the motion carried ORDINANCE -0�361 ESTABLISHING A BUILDING PERMIT FEE SCHP�DUL� AND AMENDING SECTION 46.2 OF THE CITY CODE OF THE CITY OF ERIDL�Y: � MOTION by Councilman Harris to adopt Ordinance ;k361 upon second reading, waiving the reading, and publish. Seconded by Councilman Samuelson Upon a roll ca11 vote, Kirkham, Harris, Liebl, Samuelson, and Sheridan voting aye, nays, none, Mayor Kirkham declared the motion carried. CHARTER COMMISSION: Councilman Samuelson said that the Council is going to suUmit names, and he thought at this time the agencies that might be submitting names should know that there is a deadline by which the names must be submitted �o the individuals can be appointed by the Court. The Council discussed which date they should set. Councilman Harris suggested the 12th of April which would be the Wednesday before the second meeting in April, which would give them time to get it in the Agenda. Councilman Sheridan stated that he laad written to the Chairmen of the GOP and DFL Parties and also the President of the League of Women Voters. MOTION by Councilman Samuelson to establish Apri1 12, 1967 as the closing f date for submitting names to the Charter Commission so they will appear in the Agenda of the April 17, 1967 Council Meeting, Seconded by Councilman Harris. Upon a voice vote, there being no eays, Mayor Kirkham declared the motion carried. � COIINCILMAN LIEBL; HAZARDOUS BUILDINGS AND STREET REPAIA Councilman Liebl said he would like to ca11 the Council's attention to the property in the southwest corner of East River Road and f4ississippi Street. He said he would like the City Attorney to check into it and see who owns it and what can be done about it, either remodeled or torn down He said that it is a disgrace to the 3rd Ward. Councilman Liebl said that he has also received complaints about another building in the Hyde Park area. The REGULAR COUNCIL MEETING OF MARCH 20, 1967 PAGE 10 City Attorney said that one of the buildings has already been condemned by the Health Inspector. Councilman Lieb1 said that he would like to see the street up to Shorewood repaired as this was a disgrace to the City. Mayor Kirkham said that this was in the street program for this year MOTION by Councilman Liebl that the Council direcC the City Attorney to initiate Dangerous Building Proceedings under State Statutes, Seconded 6y Councilman Samuelson. The City Attorney said thaC if there are any other properties that come to the attention of the Council that they would like investigated, he would be happy to do it. He said that he needs evidence that it is a fire hazard or detrimental to the health, safety and welfare of the community. He seid that when they are bcougkttta his attention, he confers with the Fire, Health and Building InspecYors to get their opinion on whether there are sufficient grounds to get action. Upon a voice vote, there being no nays, Mayor ILirkham declared the motion carried unanimously. BUILDING STAN➢ARDS - DESIGN CONTROL SUBCOMMITTEE MEETING MINUTES, MARCH 7, 1967; l. CONSIDERATION OF ADDITION TO EXISTING STRUCTURE AT 5280 MAIN STREET NORTH- �AST, KUAT MANUFACTURING: The City Manager stated that the Council has acted on this building permit already, but he pointed out that the manufacturing building is closer to the sewer Line than would normally Ue the case, but they had sunk their footings deeper. The City �ngineer said that the City was supposed to have an easement, but it had never Ueen recorded. He said that the building is coming within 11 feet of the pipe, and the City asked them to lower their footings 6 to 8 feet so th9t the sewer line can be repaired without shoring up the building. Councilman Samuelson said he felt this solution was good and he felt that Kurt Manufacturing was good to go along with it as the City has no recorded easement. MOTION by Counc�lman Samuelson to approve the Building Permit rnd receive the minutes of the Building Standards - Design Control Meeting of March 7, 1967 Seconded by Councilman Sheridan Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried CouacLlman Liebl said that Mr Kuban, the owner of this property, has a model industrial plant and he should be commended on it as it is a very efficient, clean operation, and Councilman Liebl had been very impressed by the quality and his operation of the industrial plant. PLANNIfiG COMMISSION MEETING MINUTES - MARCH 9, 1967� 1, CONTINUE➢ PRELTMINARY PLAT, P.S, d�67-02, ➢IANE ADDITION, A. L WILLIAMS: The City Manager read the motion recommending approval of the preliminary plat with certain stipulations. The City Manager said that if the Council concurred with the Planning Commission, their action would be to authorize a public hearing when Mr. Williams has his hardshell ready. The City Engineer explained that the Planning Commission has requested a dedication of a parcel because there is a �og in the road, and they might some day want to straighten the road. He said Mr. Williams had agreed with this. Mr. WiLliams was present at the Council Meeting and said that he has agreed with the stipulations. MOTION by Councilman Harris to concur with the Planning Commission and approve the preliminary plat, Diane Addition, P.S. 4�67-02, Lots 14 and 15, B1ock 5, Shaffer's Subdivision �F1, A L. Williams. Seconded by Councilman Samuelson. ' � � REGULAR COUNCIL MEETING OF MARCH 20, 1967 PAGE 11 Councilman Sheridan asked Mr. Williams if there had been any ob�ections from the residents at the hearing held by the Planning Commission. Mr Williams said the biggest ob�ection had been using 73rd as the access for one lot, � but the Planning Commission decided this was not valid. They also complained about the lots being sma11, but they are all over the minimum, and one person had ob�ected to a corner lot which he wanted to make sure would face Van � Buren. UPON a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously. The City Manager asked Mr. Williams to let him know when he was ready so the City can advertise for the Public Hearing 2. CONTINUED PUBLIC HEARING: REZONING REQiTEST ZOA ;�67-01, I'RANIC BURAK, ET AL• The City Manager read the motion of the Planning Commission recommending denzal of the rezoning request Mayor Kirkham asked if Mr Burak or a representative was at the Council Meeting. There was no answer. MOTION by Councilman Sheridan to concur with the Planning Commission and deny the rezoning request Seconded by Councilman Samuelson Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unani- mously. 3. REVISION TO ZONING ORDINANCE• The City Manager said that the Planning Commission had 8 pages of suggested � revisions, and they were to have it back on their agenda at their next meeting, so he suggested the Council wait until the April 3rd meeting for their final decision. MINIITES OF THE FRIDLEY SAFETY COMMITTEE MEETING OF MARC11 15. 196 ACCEL�RATION LANE: Councilman Harris asked if this suggestion had been sent on to the County. The City Manager said that it had. MOTION by Councilman Harris to receive and file the Minutes of the S�fety Committee Meeting of March 15, 1967. Seconded by Councilman Samuelson. IIpon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimousl�+. GREATER FRIDLEY ASSOCIATION• Councilman Liebl said Ae had asked that these minutes be included in the agenda for the Council's interest. He said that Chairman Whilbur Whitmore, deserved a lot of credit for getting the Association going. He said that every other organization has two members and he wouLd like to have an alternate named so that the Council h2s full representation. Mayor Kirkham sa,xd that he had intended to be the alternate himself � MOTION by Councilman Samuelson that Mayor Kirkham be the alternate to the Greater Fridley Association. Seconded by Councilman Harris I1pon a voice vote, -- there being no nays, Mayor Kirkham declared the motion carried REGULAR COUNCIL MEETING, MARCH 20, 1967 PAGE 12 Councilman Samuelson said that later in the agenda the Council will be discussing the annual Spring cleanup and wondered if the Greater Fridley Association could spearhead this program with the City in coordinating � the other community groups to come up with a good cleanup program. Mr, Whitmore said that the main purpose of tlus organization is the coordiaating of all City groups, so this will be brought up at their next meeting, and they will have a report at the next Council Meeting. APPLICATION TO PARK TRAILER - HOUSER CORPORATION: There was no one at the Council Meeting representing the Houser Corporation Councilman Harris said he would like to suggest that the Council request they improve or take down the fence that borders their property as it is an unsightly mess. MOTION by Councilman Harris that the approval of the application to park a trailer is contingent upon an agreement that the Houser Corporation will do something about their fence, and request that they report back to the Council on what they propose to do with the fence before the permit is granted Seconded Uy Councilman Samuelson, Upon a voice vote, there being no nays, Mayor Rirkham declared the motion carried unanimously. RUTH STREET DRAINAGE AND SURFACING: The City �ngineer said that in 1965 and 1966 a hearing h2d been held in this area, and the people were inclined to want the streets, but were not happy about the storm sewers, and because of the policy that utilities have to be in, the improvement was not ordered in He said that Mr Schroeder has � requested the paving of Liberty and Ruth Streets. He presented three pro- posals for the CounciL (1) That the City do �ust the bare minimum storm sewer, from Ruth to the Creek, and from the intersection of Liberty and Ruth to the Creek, at the cost of $1.50 assessed over the whole area. (2) Install the stoYm sewer and extend it all the way to 79th Way as Councilman Samuelson has mentioned that 79 Way has petitioned for streets, which could be done if the storm sewer is in. This would cost approximately $2.68. (3) Put in the complete storm sewer system to take care of the intersections a1so, at a cost of about $3.96. He felt this price would really be closer to $3.00 when the contract was Let if they could open ditch a portion of the proposed storm sewer Councilman Harris asked if this was a11 residentia L The City Engineer said that there is industrial along the railroad tracks. Councilman Harris asked if the pipe would be sized to carry the whole area so that it would be �ust a physical hookup later. The City Engineer said that this was correct. Councilman Samuelson said he felt the trunk system would be the better, and the laterals could be run off at a later date. Mayor Kirkham asked which proposal would be the one referred to as the trunk system. The City Engineer said that this would be the one that would cost approximately $2.68. The Council studied the drainage area on the map. Mr. Schroeder said that this has been gone through twice, and there had been opposition from people on Liberty and Ruth, and he was concerned that if the people did not want storm sewer and paved streets now, when would they want them. The City Engineer pointed out that this wi11 be assessed over the whole drainage area. Councilman Harris said that if they do it this way, there wi11 have to be a credit when the ' whole pro�ect is developed later. Mr. Schroeder requested the Council to accelerate the hearings as quickly as possible to get this under this year's contract. Councilman Harris asked if the whole area will have to be called in again for the hearing. The City Engineer said yes if they are going to REGULAR COIINCIL MEETING, MARCH 20, 1967 PAGE 13 put in the storm sewer. Couacilman Sheridan pointed out the possibility of putting in a portion of the pro�ect and hold the assessment on the ba'_ance of the area for some time in the future. Councilman Samuelson said he felt , it would be safer to run a Public Hearing. Mr. Schroeder asked ii there was opposition at the hearing, could this other route 6e assumed, and he was told it could be. The City Manager said that the report this evening could be received as the preliminary report and the hearing set Mayor Kirkham suggested the date of April 17, 1967 for the hearing. Councilman Liebl said that it was a question of what the City can afford, and they wi11 have to make sure the right size l�ne is put in. It was pointed out that a11 three proposals would be the proper size, as they are �ust talking about the trunk line and not the laterals. Councilman Samuelson questioned whether the Council should advertise for the trunk system only. Councilman Harris suggested they advertise the whole program, because some people may have changed their minds, and will want the whole thiag to go through so they can have their street in. He felt they should start with the maximum and see how many are interested in the pxo�ect. This wouLd be the proposal at the cost of $3.96. F�I L•l:'f! MOTION by Councilman Sheridan to adopt Resolution ik52-1967. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. � RESOLUTION �k53-1967 - RECEIVING THE PRELIMINARY REPORT AND CALLING A PUBLIC HEARING ON THE MATTER OF THE CONSTRUCTION OF CERTAIN IMPROVEMENTS: STRC�T IMPROVEMENT PROSECT ST, 1967-1 (ADDENDUM �k2): MOTION by Councilman Sheridan to adopt Resolution ik53-1967. Seconded by Councilman Samuelson. IIpon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. PETITION �k6-1967 - THE PURCHASE OF I.OTS 1 THROUGH 6, BLOCK 4, BOURDEAUX'S SPRING SROOK ADDITION: Mr. Schroeder presented the Council with a petition signed by 54 property owners who live east of East River Road and vorth of 79th Avenue to the City Limits. It named an area that the people knew was ava�lable for a park. Mr. Schroeder said that there is no park in their area of about 100 families which has a child ratio of about 3 per family. He said the nearest park was across East River Road which is very dangerous, He requested that the City Council refer this to the Park Commission for cons�deration and a stucly of a park in this area. Councilman Samuelson said he agreed there was a need for a park. MOTION by Councilman Samuelson to receive Petition �f6-1967 and refer it to the Parks and Recreation Commission for their reviewal and analysis. Seconded by Councilman Harris, Upon a voice vote, there being no nays, Mayor Kixkham � declared the motion carried. The City Engineer pointed out that there will be a�ublic Hearing for the storm sewer and asked if they would want to have a Public Hearing on Ruth and Liberty Streets also. The Council decided to do both of these at the same time. REGULAR COUNCIL MEETING, MAACH 20, 1967 PAGE 14 PTOTION by Councilman Samuelson that Hugo from �ast River Road to the east end of Hugo Street at the railroad tracks be advertised for the same pu6lic hearing. Seconded by Councilman Harris. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried RESOLUTION �F54-1967 ORDERING IMPROVEMENT AND FINAL PLANS AND SPECIFICATIONS AND ESTIMATES OP COSTS THEREOF: STREET IMPROVEMENT PROJECT ST. 1967-1: Mayor Kirkham asked if the Council was ready to make a determination on this resolution. Councilman Harris suggested that if the Council acts this evening, they will be able to get this out earlier on b�ds and receive a more favarable price. MOTION by Councilman Harris to adopt Resolution �r�54-1967, Seconded by Council- man Liebl. Councilman Liebl asked if this pro�ect will be completed in four stages or all in one pro�ect. The City Engineer said that the bids wxll be let on the whole pro�ect, and that they may wait for Hugo Street to make it a bigger pro�ect. The City Cngineer pointed out two small problems, one was the need for a storm sewer, or fi11, for the Reidel property and the other was a right- of-way they are asking from the Bank, but he was sure they could be resolved. He said that storm sewer was the best solution for the Reidel property but because the property wi11 be tied up for awhile, there may be a feasible way to do it without a storm sewer. The City Attorney asked if this would create any drainage problems to the people on the south. The City Engineer said that the property on the south drains toward the south. The City Engineer also pointed out that there is a 1ow hole on Arthur Street where water sits on the school property. He explained the way the City wi11 put in a permaaeat street part way and then a temporary one for a little way, and when the storm sewer is finished, then they will include this little section. VOT� apon the motion was a voice vote, there being no nays, Mayor Kirkham declared the motion carried. R�SOLUTION ORDLRING IMPROVEMENT AND FINAL PLANS AND ESTIMATES OF COSTS THCREOF: NNnICIPAL STATE AID IM (APT]RNT1iTM �F11 � AND 7- The City Engineer explained that a11 the people in Sylvan Hills have their utilities in. He said that the people in Sylvan Hills had wanted assurance that they would never have backup trouble again, and the Consulting Engineer had said that one solution would be a line to NSSSD, and whether the District would go along with this is pending. The City Manager suggested the Council review this with the Conselting Engineer and he could explain the alternatives MOTION by Councilman Harris to table this to the next Council Meeting so the Council will have an opportunity to discuss this with the Consulting Engineer first. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carrled. The City Manager said he would set up a meeting with the Consulting Engineers for a discussion of the alternatives. RESOLUTION 4k55-1967 AUTHORIZING AN➢ DIAECTING THE COMBINING OF SPECIAL ASSESS- MCNTS ON LOT 14A, BLOCIZ 1, PARCEL 320, AND LOT 14B, SLOCK 1, PARCEL 340, LYNDALE BUILDERS 4TH ADDITION: MOTION by Councilman Harris to adopt Resolution y'�55-1967. Seconded by Councilman � � , REGULAR COUNCIL MEETING, MARCH 20, 1967 PAGE 15 Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. � ?tESOI,UTION ik56-1967 AUTHORIZING AND DIRECTING THE COMI3INING OF SPECIAL ASSESS- MENTS ON LOT iSA, BLOCK 1, PARCEL 360, AND LOT 15B, BLOCK 1, PARCrL 380, I.YNDALE BUILDERS 4TH A➢DITION: MOTION by Councilman Harris to adopt Resolution #56-1967. Seconded by Councilman Sam� 1son. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. RESOLUTION �i57-1967 AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESS- MENTS ON LOT 16A, BLOCK 1, PAItCEL 400, AND LOT 16B, BLOCK 1, PARCEL 420, LYNDALE BIIILDERS 4TH ADDITION: MOTION by Councilman Harris to adopt Resolution �k57-1967. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. AESOLUTION 4�58-1967 AUTHORIZING AND DIRECTING THE COMBINING OP SPECIAL -SSESS- MENTS ON PARCEL 8980, S. 20' OF LOT 2, BLOCK 26, PARCEL 9005, LOTS 3& 4, SLOCK 26; AND PARCEL 9020, I,OT 5(EXCEPT 5.17'), BLOCIL 26, HYDE PARK ADDITION: MOTION by Councilman Harris to adopt Resolution �kSS-1967. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. RESOLUTION ��59-1967 AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESS- � MENTS ON LOT 30, BLOCK 7, PARCEL 1370, AND LOT 31, I3LOCK 7, PARCEL 1375, SPRING BROOK PARK ADDIEION; MOTION by Councilman Harris to adopt Resolution �'k59-1967. Seconded by Counciiman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. RESOLUTION i�60-1967 AIITHORIZING AND DIAECTING TISE SPLITTING OF SPECIAL ASSE55- MENTS ON PARCEL 1560, LOT 22, BLOCK 2, SPRING LAI� PARK LAKESIDE ADDITION; MOTION by Councilman Harris, seconded by Councilman Samuelson to adopt Resolution iF60-1967. Upon a voice vote, there being no nays, Mayor ICirI�I7am declared the motion carried. RESOLIITION �k61-1967 ESTABLISHING PERMIT FEES AND CONNECTION CHARGES FOA IN- STALLATION OF SEWAGE DISPOSAL FACILITIES AND WATER SUPPLY FACILITIES: Councilman Harris pointed out that on the iirst page of the Resolution, Item 3 was given a double credit, and that line two under Item 3 should read $200.00 plus $200.00. He also pointed out that on the second page of the Resolution under Item 3,�it should read A minimum fee of $200.00 plus $200.00 instead of the $150.00 as it is presently worded. Councilmaa Samuelson asked if the charge at the bottom of page two *aas for hooking up to the City system or would it iaclude a private system, The Fin�nce Director , said that it would be for hooking to the City system. Councilman Samuelson suggested that at the bottom of page two, under Item 1 and 2, the word "City" 6e added before the words "sewage disposal system," and "water supply system". MOTION by Councilman Harris to adopt Resolution ,�k61-1967 with the suggested changes. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried REGULAR COUNCIL MEETING, MARCH 20, 1967 NAL PLANS AND SPP�CIFICATIONS: WATER PROJECT NO PAGE 16 Councilmaa Harris asked if this would be minimal work. The City Engineer said that it would be. He said that the tank is out of service right now and the work can be done before it is put back in service. Mayor Kirkham asked if he could give an estimate of how long the �ob would last. The City Cngineer said that this tank was built in 1956, and should last another 10 or 11 years. Councilman Harris asked if the area around the fence wi11 be improved at this time. The City Engineer said they hoped to get the Fridley Commons area decided with the School Board, so the landscaping and cleaning up can a11 be done at once in the area. Counc�.j.man Harris asked if they could coordinate the final coat of paint with the fence so nobody can get up to paint something else on the tank, The Council discussed b�efly a color for the tank. Mr, 01son, from Comstock and Davis, said that the color could be left open until it is reviewed with the Council, and can be determ�ned prior to painting MOTION by Councilman Harris to adopt Resolution ��62-1967 with the stipulation that the final paint color be coordinated with the landscaping and fence. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Izirkham declared the motion carried RESOLUTION 4k63-1967 ORDERING IMPROVEMENTS, APPROVAL OF PLANS AND ORDERING ADVERTISEMENT FOR BIDS: WATER IMPROVEMENT PROJECT ik83; MOTION by Councilman Samuelson to adopt Resolution �'k63-1967. Seconded by Councilman Harris. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. P.ESOLUTION 3�64-1967 ORDERING PRELIMINARY PLANS, SPECIFICATIONS AND P�STIMATES OF THL COSTS THEREOF: STREET INII'ROVE�NT PROJECT ST. 1967-1 (ADDENDUM iFl): MOTION by Councilman Harris to adopt Resolution ��64-1967. Seconded by Council- man Samuelson. IIpon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. R�SOLUTION ik65-1967 RECEIVING THE PRELIMINARY REPORT AND CALLING A PUBLIC HEARING ON THE MATTER OF THE CONSTRUCTION OF CERTAIN IMPROVEMENTS: STREET IMPROVEMENT PROSECT ST. 1967-1 (ADDENDUM ��1): MOTION by Councilman Samuelson to adopt Resolution 1k65-1967, setting the Public Iiearing date for April 17, 1967. Secocd ed by Councilman Lieb1. Upon a voice vote, there being no nays, Mayor Kirkham declared the motlon carried. CLAIMS: MOTION by Councilman Harris to approve for payment General and Public Utilities Claims �k11306 through 4�11435, and Liquor Claims �'k895 through ��951. Seconded by Councilman Sheridan. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. ESTIMATES: Councilman Sheridan asked which traffic signals the State of Minnesota, Department of Highways estimate was for. The City Manager said that this was part of the $32,OOD that was cut out of the budget for 1967, Councilman � � , REGULAR COUNCIL MEETING, MARCH 20, 1967 P�GE 17 Harris asked about the 1 mi11 levy for signals, and the City Manager said that this would �ust about wipe it out. � MOTION by Councilmaa Harris to table the estimate of the State oE NIinnesota, Department of Highways in the amount of $11,987 07, until the next regular Council Meeting. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried I_ J l� MOTION by Councilman Harris to approve the following estimates for payment; Harry S. Horwitz & Co., Inc. Mechanical Contractor 1G11 - Llth Avenue South Minneapolis, Minnesota Fridley Civic Center - Certificate No. 2 (2/24/67) January 18, 1967 through February 15, 1967 Sandstrom and Hafner, Inc. 749 Forest Dale Road New Br2ghton, Minnesota 55112 Estimate �{�1 (Partial) Sanitary Sewer Improvement Pro�ect i�76 (Sylvan Hills) Estimate 4k1 (Partial) Storm Sewer Improvement Pro�ect �r�:-C (laterals west of University and north o£ T.H. ;�100 - Sylvan Hills axea) D. W. Hickey & Co., Inc. 1841 University Avenue St. Paul, Minnesota, 55104 Estimate ��10 (Partial) Water Improvement Pro�ect No. 75-C, Schedule 2(High Service Pumps and 3 AdditLOnal Filters - Commons Park) Comstock & Davis, Inc. Consulting Engineers 1446 County Road "J" Minneapblis, Minnesota, 55432 For the furnishing of resident inspection & supervision for the staking out of: Estimate iil - Storm Sewer Improvement Pro�ect No. SC (laterals west of IIniversity and north of T.H. ;k100 - Sylvan Hills area) ,Tanuary 30, 1967 through February 25, 1967 Estimate ��1 - Sanitary Sewer Improvement Pro�ect No. 76 (Sylva❑ Hills) January 30, 1967 through February 25, 1967 Estimate �k22 - Water Zmprovement Pro�ect No. 75-A (Three Addrtional Drift Wells) 3anuary 30, 1967 through February 25, 1967 $ 886.50 $ 3,446 10 $ 20,651.40 $ 4,588.21 $ 1,123.00 $ 535 00 $ 5.00 REGULAR COUNCIL MEETING, MARCH 20, 1967 (COMSTOCK & DL�VIS, INC. - CONTINUED) Estimate �k7 - Sanitary Sewer, Water and Storm Sewer Improvement Pro�ect No. 79 (Commerce Park, Swanstrom Court, etc.) Sanuary 29, I967 through February 25, 1967 Estimate ��13 - Water Improvement Pro�ect No. 75-C, Schedule 2, (High Service Pumps and 3 Additional Filters - Commons Park) January 30, 1967 through Fe6ruary 25, 1967 PAGE 18 $ 162.00 � $ 377.50 The motion was seconded by Councilman Liebl. IIpon a voice vote, there being no nays, Mayor Kirkham declared the motion carried '� LIC�NSL�S • Councilman Samuelson asked if the City had received complaints about Gallagher's Service, Inc., The City Manager said that there had not been any complaints. Councilman Harris asked if Trailers require a Special Use Permit. The City Manager said it should be separated and brought back as a Permit. MOTION by Councilman Harris to delete the TRAILER LICENSE request from the list of licenses, and bring it back before the Council as a PERMTT request. Seconded by Councilman Liebl. Upon a voice bote, there being no nays, Mayor Izirkham declared the motion carried. MOTIOh by Councilman Liebl to approve the followaag licenses; CONTRACTORS• EXCAVATING Erickson & Johnson Sewer & Water 11500 Juniper Street Coon Rapids, Minnesota GENERAL CONTRACTOR Lee Cook, Custom Builder 10725 - 40th Avenue North Minneapolis, Minnesota, 55427 CAFE LICENS�S (1967-69) Howies 240 Mississippi Street N.E. Fr�.dley, Minnesota Central Embers 5400 Central Ave. N.P�. Fr�.dley, Minnesota Sandee's Cafe 6490 Central Ave, N.E. Fridley, Minnesota Eunice's Catering 1040 Osborne Road Fridley, Minnesota by, Walter Erickson by: Lee Cook, Jr. by; H�ward A. Nelson Uy: H. Crystal by by Will�.am F. Weiss Arthur J. McCleZlan NEW RENEWAL � , � � � REGULAR COUNCIL MEETING, MARCH 20, 1967 Map1e Lanes Cafe 6304 Highway ��65 N.E. Fridley, Minnesota Howard 7ohnson's 5277 Central Ave. N.E. Fridley, Minnesota Colonial House 6215 University Ave. N.E. Fridley, Minnesota Fridley Recreation 6310 Highway �k65 N.E. Fridley, Minnesota Fridley Dairy Queen 280 Mississippi St. N.E. Fridley, Minnesota CIGARETTE LICENSES (1967-68) Acme Metal Spinning, Inc. 98 43rd Ave. N.E. Fridley, Minnesota Art's Superette 6483 University Ave. N.E. Fridley, Minnesota Penny's Super Market 6540 University Ave. N.E. Fridley, Minnesota Wantland Standard 5311 University Ave. N.E. Fridley, Minnesota Family Billiard Center 6237 University Ave. N.E. Fridley, Minnesota Jim`s Dairy 6253 University Ave. N.E. Fxidley, Minnesota Maple Lanes Cafe 6304 Highway �f65 N.E. Fridley, Minnesota Howard 7ohnson's 5277 Central Ave. N.E. Fridley, Minnesota L�'s Standard 7680 Highway ��65 N.E. Fridley, Minnesota by: Raymond L. Elnderson by: Johr. T. Steichen by; Joyce M. Swanstrom by; William H Gottwaldt by; P,rnest L. Fitch by: M. Dahl by; Arthur J. Swanson by; Marion Levine by: Sames G. Wantland by: B. A. Carlson, Sr. by; James A. Rocheford hy; Raymond L. Anderson by• John T Steichen by: Lester Schaffran PAGE 19 REGIILAR COUNCIL MEETING OF MARCH 20, 1967 Colon7�a1 I3ouse 6215 University Ave. N.�. Fridley, Minnesota Son�s Superior "400" 53Q� Ceatral Ave, N.E. Pridley, Minnesota Burger King 6410 Universrty Ave. N.C. Fridley, Minnesota Unity Hospital 550 Osborne Road N E. Fridley, Minnesota Dick's Kwik Shop 6319 Highway 4k65 N E. Fridley, Minnesota Central Embers 5400 University Ave. N.E. Fridley, Minnesota Red Owl Store 6525 University Ave. N.S. Fridley, Minnesota Fridley Recreation 6310 Highway ik65 N.E. Fridley, Minnesota Spartan's Discouizt Store 5351 Central Ave. N.E. Fridley, Minnesota National Food Store 6440 University Ave. N.E. Fridley, Minnesota Howies 240 Mississippi St. N.E. Fridley, Mince sota Holly "66" Service Station 6500 University Ave. N.E Fridley, Minnesota Ron's Standard 6490 University Ave. N.E. Fr�dley, Minnesota DELIVERY TRUCK (1967-68) Norris Creamery (NEW) 2824 Emerson South Minneapolis, Minnesota by: Joyce Swanstrom by: Donald Molitox by: Russell A. Peterson by: John F. Haines by; Richard F. Houle byt M. Crystal by; William J. Cook by; William H. Gottwaldt by; 20th Century Vending Co. by; W. R. Chxistensen 6y: Aoward A. Nelson by: Superior Music Co. by: Roland Cox by: K. S. Smith PAGE 20 � C� � � � REGULAR COUNCIL MEETING, MAACH 20, 1967 Land 0'Lakes Creamery 2215 Kennedy St. N.E. Minneapolis, Minnesota Summit Farm, Inc. 1481 E. Co. Road E St. Paul, Minnesota Sanitary Farm Daines 415 Grove St. St. paul, MZnnesota American Linen Supply 47 South 9th Street Minneapolis, Minnesota Noxthland M�.lk Company 11 Ldest 28th St. Minneapolis, Minnesota Clover Leaf Dairy 2319 St. Anthony Blvd. Minneapolis� Minnesota Super7.or Dairy Fresh Milk Co, 2112 N.E. Broadway Minneapolis, Minnesota GARBAGE COLLECTIdN (1967-68) Gallagher's Service, Inc. 8566 Jefferson St. N.E. Minneapolis, Minn. R. W. Nixon Company 1001 lst St, N.W. New BTighton, Minneso�a Fridley Sanitation 7570 Highway ��65 N.E. Fridley, Minnesota "OFF SALE" (1967-68) Art`s Superette 6483 University Ave. N.E. Fridley, Minnesota Jim's Dairy 6253 University Ave. N E. Fridley, Minnesota � The Kroger Company 5251 Ceatral Ave. N.E. Fridley, Minnesota Red Owl Store 6525 University Ave. N E. Fridley, Minnesota by; Larry J. Cordos by: Allen R. Hansen by: D. R. Carlson by; George F Amundson by; rarl E, Forsyth by: David R. Nelson by: Mort Angier by: Lorraine Gallagher by; Robert W, Nixon by, Ben H. Shutrop by: A,rthux J Swanson by; James A Rocheford by; James D. Melrose by: William J. Cook PAG� 21 REGULAR COi1NCIL MEETING, MARCH 2D, 1967 National Food Store 644D University Ave. N.�. Fridley, Minnesota "ON SAL�" (1967-68) Sandee's Cafe 6490 Central Ave. N.E Fridley, Minnesota Howard Johnson`s 5277 Central Ave. N.E. Fridley, Minnesota Maple Lanes Recreation 6310 �Iighway �k65 N.E. Fridley, Minnesota Howies 240 Mississippi St. N.E. Fridley, Nlinnesota SEAVICE STATIONS (1967-68) Bill`s Superior "400" 7315 Highway �{65 N.E. Fridley, Mianesota Don`s Superior "400" 5300 Central Ave. N.E. Fridley, Minnesota Ron's Standard 6490 University Ave. N.E. Fridley, Minnesota TAVERN 1967-68) Maple Lanes Recreation 6310 Highway 9�65 N.E. Fridley, Minnesota Sandee's Cafe 6490 Central Ave N �. Fridley, Minnesota Howard Johnson`s 5277 Central Ave. N.E. Fridley, Minnesota Howies 240 Mississippi St. N.E. Fridley, Plinnesota by: W. R. Christensen by: William F. Weiss by: John T. Steichen by: William H. Gottwaldt by: Howard A. Nelson by: M. D. Anderson by: M. D. Anderson by: Roland Cox by: William H. Gottwaldt by: William F. Weiss by: John T. Steichen by: Howard A. Nelson PAGE 22 The motion to approve the licenses was seconded by Councilman Sheridan. Upon a voice vote, there being no nays, Mayor Rirkham declared the motion carried. ' �� � REGULAR COUNCIL MEETING, MAItClI 20, 1967 PETITION 4k7-1967 REQUESTING SIDEWALKS ON GARDENA AVENUE AND CURB AND BITUMINOUS SIIRFACE ON GARDENA AVENITE: PAGE 23 � The Council discussed a letter received from School District �F14 Board of Education with a summary of a telephone survey they had taken on Gardena Avenue, Councilman Harris said that the budget does not cover any additional sidewalks for this year, and the City precedent has been set. He said that even if the other �roperty owners sigaed the petition where would the funds be. Councilman Sheridan suggested they advise the school district that the Council can receive only signers, and he doubted that it would be over SO%. MOTION by Councilman Sheridan to receive the coaanunication from Independent School District No. 14 and Petition 4i7-1957 and instruct the District that theq have been received by the Council. Seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declared the motlon carrted COMMiJNICATIONS: A SPRING LAI� PARK: TRANSIT MOTION by Councilman Samuelson to receive and file the communication from the Village of Spring Lake Park. Seconded by Councilman Sheridan. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried (B) MINNESOTA HIGHWAY DEPARTMENT: TRAFFIC SIGNAI,S MOTION by Councilman Sheridan to receive and file the communication from the Minnesota Highway Department. Seconded by Councilman Samuelson Upon a ' voice vote, there being no nays, Mayor Kirkham declared the motion carried (C) FRIDLEY INDUSTRIAI. COMMISSION: RESOZUTION REGARDING EMPLOYMENT OF A FULL TIME CITY PLANNER: Councilman Harris said he would be willing to discuss or answer any questions about the resolution, and would like to hear the Council's comments. Council- man Liebl said he would like to ask the Caty Manager if the figures listed in the communication and the budget con£orm. The City Manager said that the figures for the Planning Commission, $3,900 and for the Parks, $1,250, were for Planning Consultants, but the Engineering Department's were for Con- sulting Engineers, and the Building and Gsounds would probably have to do with one of the buildings, and the Council's mlght be for 1ega1, engineering, and planning. He said that the City Manager's is seldom used and could be consideted Councilman Haxris said that it is budgeted for planning assistance and could be used as the Council wishes, I3e read a paragraph from the Department of Business Development Newsletter which concurred with the idea he has expressed in hiring a planner, Councilman Harxis said he felt it was logical to hire a planner. Councilman Samuelson said he agreed thaC the next step should be a planner. He said that the Council had indicated we needed the 7�1 progxam ox some kind of plaztning program, an.d if the 701 is not available, we should take steps to have a man of our own to take action. Councilman HarrLS said that i£ it is the consensus of the Council that this � type of position is a very important funceion for the community, and if the City can do it with the money budgeted he would like to put it in a motion. MOTION by Councilman Harris to direct the [�dministration to draw up a �ob classification specification which could be used for advertising for this position. Councilman Lieb1 asked the City Manager if they could not find REGULAR COUNCIL MEETING, MARCH 20, 1967 PAGE 24 $1500 to put a part time Park Board employee on a full time basis, how they can be sure that in the �968 Budget there wzll be enough money for this position. The City Manager said that it *w u1d be hard to guess at the 1968 Sudget. He said his recommendation would be to make the first step toward � a staff planner by engaging a part time resident planner who,as a member of a Planning Consulting Firm, would have the resources of the firm for which he worked available to him. Councilman Hatris said he disagreed, because with a part time planner we wi11 not be getting action planning in advance, but reaction planning. He said he would agree is the community were smaller, but he felt Frzdley has come of age. He said that many communities smaller than Fridley have staff planners. Mayor Kirkham said he agreed, and felt we could save money in the long run as this would be the type of position that would pay for ttself. I3e said he was in concurraue with the motion. The Motion was seconded by Councilman Samuelson. Upon a voice vote, Council- man Lieb1 voting nag, the motion carried. Councilman Liebl asked how much money was spent by the City for planning in 1966. The City Manager said he would have to check, hut he believed they had spent the budget. Councilman Harris said he believed it had been over the budget. Councilman Liebl said that he felt that if a Planner were hired, he would have to be an excel7e nt planner in many fields, and the City would still have to have firms advising him, and he does not believe the City can afPord this at the present time and this is the reason for his nay vote. Councilman Harris said that the reasons he had asked that a �ob description be drawn up, is so that the Council can see what kind of man they are striving to get on the staff, and he felt the reasoning is whether the City can afford not to have this individual. He said that thousands of dollars are being spent on planning, and there is not room left to do pto�ects that are not � totalZ� beneficial to the Czty and to the individuals involved. Councilman Liebl said that this should be left to the individual property owners, the Council should �ust coordinate. Councilman Harris said that this would be one of the functions of the planner, to coordinate the planning in the best possible way on each pro�ect. Mayor Kirkham said that there are seven different departments in the City, a11 have funds budgeted for a planner, and it would be conceivable to have seven different planners working for the Crty. He said he felt it would be better to have one planner on a fu11 time basis so they could be better coordinated. Councilman Lieb1 said he felt it was common sense to him that seven different firms have better ideas than one planner. Mr. vanDan asked if there was a possibility for a consult- ant for advising through HIID. The Council did not know of any. (D) BOARD OF HEALTH: REPORT 1/1/67 - 3/11/67: Councilman Sheridan asked the City Finance Director to check before the next meeting and see if any licenses are issued to the party that owns the two multiple dwellings at 450-470 75th Avenue N.E. and at 351-74th A�e. N.E. The Finance Director said he would do this. Councalman Lieb1 asked if a11 the items on the report are checked out. The City Manager said that they were. Councilman Samuelson presented a letter he had received fxom Mrs. Pendergast, 620 Hugo Street Northeast, with a list of complaints, and requested the Administration to undertake to abate these problems. The City Manager said he would check into them. ' MOTION by Councilman Sheridan to receive the report fxom the Board of Health and the letter from Mrs. Pendergast. Seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor Rirkham declared the motion carried. REGULAR COUNCIL MEETING, MARCH 20, 1967 (E) CITY ENGINEER; SERVICE LINE FOR HYDRANTS PAGE 25 The City Engineer explained that the City had received a letter from � Railroad Accessories Corporation asking the City what they can do to provide a hydrant. He said that when they had xequeseed a Building PermiC, Chief Aldrich had asked Chem to provide a hydrant, but they did not listen, and now their insurance company has asked them to provide one. He said that Kurt Manufacturing has the same thing and Midland Cooperative has provided a line serving the back of their property, He said this will keep coming up wherever industrial property is built. He asked xf the Council wanted to study this and see if they did want to provide a line at the back of the property, and see if the property owners wanted it He said it would be cheaper in the long run if the property owners wanted the improvement, than running single lines. MOTION hy Councilman Sheridan that the Administration make a study and provide an estimate of cost for the Council`s consideratir,�n. Seconded by Councilman Samuelson. IIpon a vo�ce vote, there being no nays, Mayor Kirkham declared the motion carrled. (F) SMILEY; CITY HALL MOTION by Councilman Harxis to receive the communication from S. C. Smiley & Associates. Seconded by Councilman Samuelson. IIpon a voice vote, there being no nays, Mayor Kirkham declared the motian carried. (G) STATE OF MINNESOTA; 701 FiTNDS: � MOTION by Councilman Samue3son to receive and file the communication from the State of Minnesota. Seconded by Councilman Sheridan. IIpoa a voice vote, _ there being no nays, Mayor Ki'skham declared the motion carried. (H) COMSTOCK & DAVTS, INC: WELL N0. 3 Mr. 01s4n, representative of Comstock & Davis, Inc., explained to the Council the difficulties there have been with Well ik3. He said that after the pump has been repaired, they had proceeded with taking bids and bailing the well, and at that t�me they had Lndicated there might be a possible problem, so they were surprised when the minutes said that they were to pay the cost of drilling ehrough the bailer. He said that they had had no knowledge of the bailer or this would have been set up in the specifications. He said that the bailer had to be drilled out, and they have to recover the depth lost because of sloughing so that the water is not plugged off. He said the only thing to do is to dri11 it out as there is $80,000 invested. He said they have removed steel, sand rock and obviously part of the bailer, Uut the sand rock had sloughed in over the weekend. Mr. Olson said that they did not have a record on the original drilling, but thxs may be on �ile with Andy Kohlan who was City Attorney at the time. Councilman Samuelson said we must have had inadequate inspection at the time the bailer was 1ost. Mr. 01son said that on we11 �obs there is not full time inspection Mr. 01son said that the pro�ect was never final as there was a law suit with the contractor Councilman Aarris asked if there wasn't a report made by the contractor to Comstock and Davis, on which he should have reported the 1oss. Mr. Olson � said that there was a daily report, which the contractor filled out on a Comstock & Davis form. He said that if the xecords were found this may be indicated but he doubted it. Councilman Samuelson sald he did not feel the City should pay for this. Councilman Harris said that if the contractor had not reported accurately to Comstock and Davis, they should have a case REGIILAR COUNCIL ML�TING, MARCH 20, 1967 PAGE 26 agatnst them. He asked if there could be a copy of the records with the developer, if we are unable to find ours. Mr. Olson said that the reports they make to the company should be more complete than the ones Comstock & Davis gets. Councilman Samuelson asked if the City bills Comstock & Davis, will they in turn bill them. Mr. Olson said that Comstock & Davis had no kttowledge there was a bailer there, what they try to do is minimize the problems the City wi11 incur. Tf they guaranteed 100% _fulfillment of all contracts by a contractor, their fee would be sim�lar to a contractor's. Mayor Kirkham said that the fee the Ciky pays includes inspection service. Mr. Olson said that on wells there is visual inspection of the work, and making sure there is adherence to the specifications. He said that on fu11 time �ob inspection they can see what �s going on, measure, take pressure tests, leakage tests, but in well inspection this is not possible. Mayor Kirkham asked who would verify the fznal depth, Mr. Olson said that in most cases he would verify it, but in this case it had been part of a dispute, and he doubted that anyone had verified the depth. Councilman Samuelson said he felt the burden was on Comstock & Davis to arrive at a situation whereby the City of Fridley does not have to pay for getting the bailer out. MOTION by Councilman Harris to direct the City Manager, Crty Attorney and Mr. Olson from Comstock & Davis to try and secure the record made at the time the well was drilled by the contractor, and ask them to report back to the Council as to what determination of legal findings there are as to responszbility in regard to any information that may be derived from the records. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. CITY ATTOKNEY: W. D. KEYS WELL DRII.LING COMPANY The City Attorney said he had had a discussion with the Attorney for W. D. Keys We11 Drilling Company who had originally constructed the well in Water Pro�ect 75A, which cons�sted of 3 drift we11s and we11 houses, He said that a claim has been filed against the City by a sub-contractor asking $2500 for additional expenses caused by the construction of the well house. They claim there was a delay caused by the findings of the Engineer and Well Driller that the proposed sites were inadequate, and some months went by while an alternate site was looked for, and they claim they were not able to keep their suppliers firm. The City Attorney said he had a considerable question about the respoasibility for the situation between the City and General Contractor, but a$600 settlement is �ust about what it would cost to try it in court. Mr, Olson pointed out that the sub-contractor had substituted items other than those specified, with no mention of increased cost, and there had been a$900 excavation they did not have to perform because of the change in location. Councilman Harris asked if it was necessary the Council act on this tonight. The City Attorney said not neces� sarily as it had been in the discussion stage for some time, but he felt $600 would be a top £igure, and aside from the merit, as a practical matter this Ls what it would cost in court. MOTION by Councilman Samuelson to table the Keys Well Drilling suit until the next Regular Council Meeting. Seconded by Councilman Harris. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. TRUCK TRAFFIC ON MAIN STP�EET: Councilman Liebl said Mr. Irving Schulz, 4651 Main Street, had brought to his attention that trucks are traveling on Maxn Street faster than they should. Chief McCarthy said that they had received this complaint before ' �� � REGULAR COUNCIL MEETING, MARCH 20, 1967 PAGE 27 and had put out radar, He said they have yet to tag a truck for speeding and this had been done at various hours of the day and night He said that the trucks make a 1ot of noise because of the ho1e5 in the street, but basi- , ca11y they are not speeding. EMPLOYEE INSURANCE PLAN: CounciLman Liebl asked if bids have been received yet from 10 or 15 insurance companies, The City Manager said thaC it wi11 take a total of 3 to 4 weeks. He said that Dick Schillinger is putting this out to the insurance companies as he is the one who has the necessary figures, He said he may have written them already, he was not too sure. Mayor Kirkham said that it has been some time since the Council had asked for this, and he had checked with B1ue Cross and they sti11 had not been invited to submit anything The City Manager said that the Aetna man had been out to get some facts and figu�es in order to make this request, Mayor Kirkham said that when the Council had asked for this, there had been plenty of time to get replies hack and make a change before the new contract went xnto effect, The City Manager said that the companies have to have figures in order to make a bid, Mayor Kirkham said he would like a11 the companies to get the same invitation, Uut it seems to be dragging on much too long. CLEAN UP WEEK IN MAY: Councilman Sheridan asked if the Council should try to set a date and ask the Greater Fridley Assoclation to coordinate it, or ask them to set a date Chief McCarthy said that the date is set by Ordinance. Mayor Kirkham said that as far as the City is concerned, the official clean up date is the � first week in May. Councilman Samuelson said that while the Council was discussing cleanup week, he noticed that the City pays to have the City Ha11 cleaned, but he did not think they do a very good �ob as he cannot see out Che windows i❑ the City Ha11, and the Firehouse windows need it a1so, The Crty Manager pointed out that the City has tried several companies and they do a good �ob at first, and then start getting worse. Councilman Samuelsoa also said the Christmas tree lights should come down off Czty Hall. Mayor ILirkham said that it is hard to ask the rest of the Citizens to keep up the appearance of the City, without beginning at our own front door. HAZARD DUTY INSURANCE Mr. Whitmore asked if the Minutes had shown what happened to the discussed hazard duty insurance,� He said he believed it had been referred to Bachman- Anderson and was to be brought hack tc the Gouncil. The City Manager said the last helciew the Police CommiSSion discussed zt with Dick Schillinger and Tom Greig. - Mr. Gibbs said he believed it had been referred back to the Insurance Company at a meeting in Ju1y when he had been sitting in for the City Attorney. VISITORS: � Ms. Virgtl Wills, Clerk of Court, said that at the last Special Council Pleeting there were remarks made about the Fridley Municipal Court and the Fridley Police Department, He said that the person who had made these remarks was present at this Council Meeting, and he would Like to have him make his statements in front of the Police Officers aad members of the Municipal Court who are also present this eveniag. REGULAIt COUNCIL MEETING, MARCH 20, 1967 PAGE 28 Mr. vanDan said that as far as comments made about the Municipal Court, these came from the City Attorney, and as far as the Police Department was con- cerned, the minutes stand for themselves. Councilman Harris read parts of ' the minutes in which Mr. vanDan had used the word "shoddy", and Councilman Harris said he felt this was a reflection on the Police Department, Mr, van➢an said he felt the normal procedure would be that he had a right to make a complaint, and the next step should be that it be referred to a commrttee of the Council. Councilman Harris said that the Council was not saying Mr. vanDan did not have the right to speak, but that it had not been done in very good taste. Councilman Harris said that the City Attarney was not the only ane who had commented on the Municipal Court system, but that Mr. vanDan had called the presentations, "vague", Councilman Samuelson said that there had been other remarks that had not been recorded in the minutes, such as that Mr. vanDan felt the courts were taking too much time and Councilman Samuelson pointed out that he had amended the minutes to include his counter to Mr, vaaDan's statement that the Police Officers were stupid. Mr, vanDan said he had not planned to bring up the issue until he felt the time was right, but since it had been brought up, he would apologize to the Police Officer for calling him stupid, because although he had acted ignorantly and had committed two other violatzons, Mr. vanDan did not feel he could be blamed for this as he did not think he was properly trained. Chief McCarthy explained that the Officer had issued an illegal equipment tag because of illegal red Lights on the front of Mr. vanDan's car, and he questioned why Mr, vanDan had removed the red lights and brougkt his car in for inspection if he knew the 1aw so well. He said that the equipment tag was not an arrest, and that other people along East River Road had seen this car driving with ' red parking lights on,which would indicate an emergency vehicle. Chief McCarthy said that as far as the Officer being stupid, he knows the law as we11 as the rest of the Officers, and is trained well enough to know that no private citizen can have red lights on his car. Couacilman Samuelson asked how long this Officer has been with the City of Fridley. Chief McCarthy ;azd that he had been here a year and has Ueen through the Bureau of Cr�.minal Apprehension Training School twice, Mr. Gib6s, the City Prosecutor, asked Mr, vanDan to clarify his criticism of time wasted in the Municipal Courts, and his statement about the testimony of the Officers. Mr. Gi6bs stated that the Council was aware that Judge Johnson felt strongly that every man was entitled to his full day in Court, and sometimes does have a long court session, but only in the name of Justice. He said that if the Officers do not testify properly in Court, he would accept the blame for this, but their conviction rate had been 98.6% the past year, which would show that they are competent in Court. Mr. Gibbs said that he resented Mr. vanDan`s remarks because in the two years and three months that he has been Prosecutor, Mr. vanDan has spent 1z hours in Municipal Court and could not possibly know what was going on based on this experience. Chief McCarthy stated that about two months ago he had received a call from Mr, vanDan aUout an Officer cutt�ng him off as he came out of a service station and then speeding down University Avenue. He said Mr. vanDan said , he had speeded up and clocked the officer going 45 miles per hour. Chief McCarthy said that the posted speed limii on University AY,�enue is 45 mph and has been for a year and a half. Mr, vanDan said $e would take the sub�ects one by oae. He said that he felt his remarks about the Court had been taken out of cont�xt. He said he had remarked to his wife the other day that the Municipal Court, especially the traffic section, was proceeding very slowly and that Sudge 7ohnson was giving � ' REGULAR COUNCIL MEETING, MARCH 20, 1967 PAGE 29 the defendants every break because of recent Supreme Court decisions, and this remaxk does not touch on either the Clerk of Couxt, 7udge or Prosecution. He said that Judge Johnson was a personal friend of hisa He said that as far as the case in which he was crit�cal of the prosecution, and in which the same officer who had given h,im the warning tag was the witness for the prosecution, Zf he had pointed out that the Officer had made a wrong left turn and had obstructed traffic when issuing a warning tag, he could have put the Officer's testimony in doubt, but he did not want to do this, as it goes back to inadequate training. Mr. vanDan said that as fax as the day he was passed by the Police Car, he had clearly seen a sign which said "40 NPH" limit, The Chief of police said he believed he must have been looking at the servxce road sign, as this was not correct. Mr. vanDan said that when the al� ged illegal equipment violation occurred, rt had been before sundown and no one would have been driving with parking lights on. He said the Patrolman saw his directional signals, and when he had stopped h�m he had asked him to turn on his directional signals, and yet the warning was made out for red parking lights. He said that the Statutes do not specify any color oa garking directional signals. Councilman Harris said that every visitor gets an opportunity to be heard, but the Council would appreciate it if the visltor will come with factual information. He questi�aned any ordinance that would not allow a Councilman to leave the Council table. Mayor Kirkham asked Mr. vanDan if he had put his complaint in writing, a5 the Council had requested at the Last meeting, or if he had refesred has complaint to the Police Chief. Mr. vanDan said he would like to explain to the Chief that he had brought his car to Che station because he would be open to prosec�_ition if the warning were not heeded. Chief McCarthy pointed out that there are no statutory provi�ions for a warning tag in Minnesota and that a warning tag is �ust a convenience to notify a motorist that he has violated a minor law, and remind him to get �t $ xed before he does get into trouble, He said that there is nothing in a warning tag that warrants arrest at any time. The only thing would be iL he were to get another ticket for not complying with the warning. Councilman Samuelson said he wouLd like to commend the Officers of the Police Department. He said he had stated that the Officers should be pleasant and courteous at all times, and he hoped they were. Chief McCarthy said that there were quite a few officers present at the meeting because they had xesented the a17e gations made against them as a Police Department, and they would have liked to have heard them again. Mayor Kirkham said he would like to add his commendation to the Police Officers, and said he felt they were doing a fine �ob. He sald he had aUsolutely no complaints. ADJOURNMENT ; Thexe being no furthex business, Mayor Kirfsham declared the Regular Gouncil Meeting of March 20, 1967 ad�ourned at 12:46 A.M. Respectfully submitted, / / p�7 � ' � �� f �� u�� � Maxy Lu Strom SecreCary to the Council �' �/ �C Z l� "`�, .« ����� � �� (