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07/05/1967 - 00020818� � � THE MINUTES OF THE REGUL�AR COUNCIL MEETING OF JULY 5, 1967 The Regular Council Meeting of the City of Fridley was called to order by Mayor Kirkham at 8:07 P,M. OPENING CEREMONY: Mayor Kirkham asked the audience to stand and �oin in saying the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT. Kirkham, Liebl, Harris, Samuelson, Sheridan MEMBERS ABSENT: None PRESENTATION TO JAMES SHAY: Mayor Kirkham announced that the police llepartment has a function they would like to perform at th�s time. Officer Kennedy, President of the Fridley Police Pension Assoca.ation, presented James Shay with an award and read the placque which commended Mr. Shay for his bravery. Chief McCarthy, on behalf of the Fridley Police Department, presented James Shay with a Series "E" Bond The members of the council individually congratulated Sames Shay and Mayor Kirkham said that today, among our citizens, there is a growing disregard for law and order and it is so refreshing and encouraging to meet and know a person that is such as you are with so much courage and bravery and anyone who can display such bravexy is a credit to our community. APPROVAL OF MINUTES, REGIILAR COUNCIL MEETING, Ji1NE 19, 1967: MOTION by Councilman Liebl to adopt the Minutes of the Regular Council Meeting of June 19, 1967 as presented. Seconded by Cc�uncilman SamueLson Upon a voice vote, there being no nays, Mayor Illrkham declared the motion carried. ADOPTION OF AGENDA: Mayor Kirkham suggested adding Item SA under Old Business, "ERICKSON PETROLEUM COMPANY, INC., FENCE ON EAST SIDE OF SERVIC� STATION" (HOLIDAY), that under Item 7(a) a petition by Councilman Liebl regarding fencing along Highway yi47 from 49th Avenue to 53rd Avenue Ue added to Che Agenda, and I�em 28 (a) Parks and Recreation Communication be added. Councilman Harris stated inasmuch as we have not received a report back from our Crty Attorney regarding Item 4"REPORT ON OPEN SPACE REQUEST", I request it be deleted from the Agenda until the next regular meeting MOTION by Councilman Liebl to adopt the agenda as amended. Seconded by Gouncilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. REGULAR COUNCIL MEETING, SULY STI-I, 1967 Page 2 PUBLIC HEARING - VARIANCES, LOT 3, BLOCK 1, HERWAL'S 2ND ADDITION: ' The Acting City Manager read the Notice of Hearing. ,Tack Terpstra, attorney for Mr. Gearhart, stated that one of the problems on the variance in connection with this matter is to provide adequate parking space. I am sure most of you are familiar with this already. IInder your zoning ordinance, there is a provision for obtaining extra space. Arrangements have been made between the mortuary and St. Philip's Church. The church has 200 parking spaces and they can use the mortvary parking area and visa versa. The mortuary does not hold funeral services on Sunday mornings and it will not interfere with the church services. He called on Dr Deane Richardson, president of St philip's Church, who said the mortuary would make a pretty good neighbor. We have an agreement on the parking I understand the second problem is the setback. The landscaping is far more important than parking and their building and landscaping is attractive. Councilman Harris stated the Council has indicated to Mr. Gearhart a desire to acquire additional land for parking. Mr. Herwal answered the only problem we would have is that of cutting down on the north side, then there would be no pa�king space for that lot On the west side, we would have to push back on the hole side and it is questionable building there. It would ruin the piece to the north for future development as the cost of a lot would run to $20,000 and that is a lot of money for parking. Mr Stanley Carlson, 6219 Baker Avenue, asked why you cannot put more than 18 parking spaces. Iie said I am not ob�ecting to the request, but can't � understand why he cannot put more parking space. He wondered what would happen if there were a loop-hole in the agreement with the church Mayor Kirkham reassured him there is a legal document for the agreement. Mr. Carlson was told that there has been a written agreement established by the church and mortuary and it is a matter of contract now. As to the parking of 18 spaces, I think perhaps zoning requirements, such as setbacks, etc affect the amount of land remalning for parking. Mr Catlson wondered why there is always someone coming in for a variance when they build. Councilman Harris stated that unless there is a petition before the Council or a petition to the district court to withhold the ordinance and deny the request, he felt_ a motion would be in order to approve the request for the variances as shown with the stipulation of occupancy that if, at any time the contract between the church and mortuary is severed, the property owner wi11 provide a parking space equivalent to what is necessary as so shown in the Code on his property. MOTION by Councilman Harris to concur with the request for variances as shown on Page 21 of the July 5, 1967 agenda and grant the permit to construct a mortuary at 6210 Highway ��65 with the provision that if the contract for parking with St. Philip's Lutheran Church at any time is severed, that the additional parking places from eighteen to fifty-four wi11 be secured within 500 feet of the property as so shown by the Ordinance. Seconded by Councilman Lieb1. Upon a voice vote, all voting aye, except Councilman , Samuelson who voted nay, Mayor Kirkham declared the motion carried. The Public IIearing on the variances of Lot 3, Block 1, Herwal's 2nd Addition was closed. � � � REGULAR COUNCIL MEETING� JULY 5, 1967 PUBZIC HEARING - ON IMPROVEMENT STREET PROJECT 1967-1 (ADDENDUM 9F5) Fage 3 The Acting City Manager read the Notice of Hearing Mayox Kirkham explained that there are several ways in which this pro�ect can be put in The original request was to continue the street accoxding to the map on the wall. The Engineer poZnts out that Zt might be advisable to put in additional storm sewer in connection with this street Councilman Liebl stated he went down that area and the people want access to 57th or 58th Ae saw two catch basins installed on 57th Avenue, one catch basin on 58th I think we do not have to tax the people down there when we can alleviate the problem by putting in the stTeet and giving the people access From the Engineer's sCandpoint, ,there is not actually much water problem there The City Engineer said as it was pointed out earlier, the storm sewer is advisable but noC a6solutely necessary. Councilman Lie61 continued that only a£ew people would be assessed the $600.00. You would over-burden the people I don't want to give up the street. I would be in favor of having the street put in according to the Code of our City. Mr Joe Zizak, 5791 - 2z Street N E., said that his taxes are $1,800 00 on one house, and his only income is from his two houses. Any additional tax would be more of a burden. Councilman Harris asked if there would be a problem making a right turn, and the City Enginear said there would ba no problem. Councilman Liebl asked the Fire Chief, Robert Hughes, who was present, if the F1xe Department could go through the proposed street and he said it would be no problem. Frank Gabrelcik, 5740 University Avenue N E, said he has a Used Car lot on SSth Avenue. He did not believe a storm sewer would be necessary, but definitely wanted the street. The property would be assessed $14.78 per front foot or $1.48 per year plus interest. Mx. Zizak was informed that he would not be assessed for this pro�ect. The publlc was informed the aim is to get this street in during this construction season. Mayor Kirkham declared the public Hearing on the Improvement Street 1967-1 (Addendum ��5) be closed. 126-1967 ORDERSNG IMPROVEMENT, FINAI, PLANS S OF THE CdSTS THEREOF: STREET IMPROVEMEN M�$pN by Councilman Liebl that the Council adopt Proposition 961 for street construction without any storm sewer for the Improvement Street 1967-1 (Addendum i65) from 57th P1ace to 58th Avenue on the improvement of Third Street� and that the street would have concrete curb and blacktop street according to the code of our Crty, Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion caxried. FIRE ALARM REPORTYNG SY P\_ 4N MOT�QN by CouncLlman Harris to adopt Ordinance ��369 upon second reading, waiving the readLng, and publish. Seconded by Councilman Samuelson, Upon a roll call vote, Kirkham, Liebl, Samuelson, Harris voting aye, Sheridan voting nay, Mayor Kirkham declared the motion carried, REGULAR COUNCIL MEETING, SULY STH, 1967 DISCUSSION OF DATE OF SOND SALE - EHLERS: Page 4 The Acting City Manager said Mr. Ehlers stated there are quite a number of bond sales to be held the same week and he may recommend holding our sale, July 17th or latez� He was going to ask the Council if they had any objections to holding the sale on August 7th rather than the week of July 17th. Because he is the fiscal consultant, and knows the market better than we do, and if that is his suggestion, Councilman Harris said he would concur with him. Motion by Councilman Harris to concur with Mr. Ehlers. Seconded by Councilman Samuelson, IIpon a voice vote, therebeing no nays, Mayor Kirkham declared the motion carried. ERICKSON PETROLEUM STATION FENCE: Councilman Harris said Mr. Whitcomb was not present, and if the Council wished to pass on to another item, we wi11 wait until he comes in and bring it up again, STORM SEWER ON STARLITE BOULEVARD: Wallace Searle, 6231 Starlite Boulevard, said he would like a definite answer to the storm sewer on Starlrte Boulevard and Sylvan Lane. We are supposed to be assessed for storm sewer and are getting no benefit from the storm sewer. Why are we being assessed? It was explained to Mr.Searle that storm sewer assessment is made on the area basis wherever the water drains. If your water drains onto another lot, both property owners are assessed. There will be no additional storra sewer in that area. Councilman Lieb1 told Mr. Searle that this is a very complicated project and it is called No. 5-C. It includes a11 the area starting from the railroad all the way up to Mississipi Street and down to Hwy 1k100. What they have done in the past, they have assessed the people first on the main, interceptors and then the laterals. The main is in, a11 the inter- ceptors and we have put in the laterals. You live in about the middle of Starlite Boulevard. There is a low spot which will be solved when we put in the permanent improvement of Starlite Boulevard. This is also a Minnesota State Aid Street. Whenever this is brought up, you people, in my opinion, should get a credit because you are assessed for it now. Ib eould not be done in any one night to clarify this. Mr. Comstock, Consulting Engineer, was asked to give a short resume of the history of Pro�ect No. 5-C. He said the original design was made on this pro�ect in the late 50's, the final design in 1960. At this time the storm sewer line was proposed to run up the walkway to Starlite. It was deleted at the final contract and at the public hearing in an effort to reduce the cost of the improvement. The main prupose was to eliminate the valley gutter. The area is benefited and the water does drain. Some water may collect in low lots and when the roads are constructed to City standards of proper grades, all the lands in this area wi11 receive the same benefits. Mr. Searle was assured he would not be assessed for laterals, ' , � � REGULAIt COUNCIL MEETING, JULY STH, 1967 BIDS - STORM SEWER N0. 82 (�PENED NOON, TUNE 26TH, 1967): The Finance Director read the three lowest bids as follows: PLANHOLDER Northdale Construct�.on 5739 West Broadway Minneapolls, Minnesota C. S. McCzossan, Inc, Route 2 Osseo, Minnesota 55369 G & L Construction Inc. P. 0. Box 389 Hopkins, Minnesota BID DESPOSIT St. Paul Fire & Marine 5f GreaC Amexican Insurance 5% United Pacific Insurance 5% SASE BID $52,552.4D $58,541.40 $56,777.00 Page 5 COMPLETTON DATE 60 Calendar Days 45 Calendar Days 90 Calendar Days Mr. Brunsell read the letter from the Consulting Engineers giving their recoy¢nendation, Councilman Harris asked Mr. Comstock if they had had dealings- with Northdale Construction Gompany and the answer was no. Have you checked into their reliability and he was told they were reliable and financially o,k. Motion by Councilman Harris that the City Council concur with the Con- � sulting Engineers and award the hid to Northdale Construction, 5739 West Broadway, Minneapolis, Minnesota 55420, for the amount of $52,552.40 contingent upon the acceptance of the supplemental agreement by the State Highway Department to the City Council. Seconded by Councllman Lieb1. IIpon a voice vote, there being no nays, Mayor Kirkham declared the motion carried, � BIDS - STORM SEWER N�. 87 (OPENE➢ NQON, JUNE 26TI{, 1467): The Finance Director read the letter from the Consulting Engineers re- viewing the bids, making a recommendation, and the proposal submitted Uy the low bidder contained the following statement: "This bid is made without adding the 3% Minnesotia sales tax. Should any ruling from any governmental agency require gaymenY of this tax, payment in like amount would then be added to this bid.° This matter is being discussed with the City Attorney and will be further reported on at the July Sth meeting of the City Council. Mr. Comstock wished to add that there are same homes in this area, garticularly around Ruth Street, Ashton and Longfellow which have wet basement problem. One of the contractor`s who started construction and stopped the work because of hlgh water Cab1e. The City Engineer and our office have been considering having per£orated pipes and putting in a drain in part of the areas, attempting Co negotiate a low figure with the low bidder. The present figure we have received is not acceptable with our office. We would like the matter delayed until the next Council meeting on Monday night, July lOth. Regarding the 3% sales tax being added to the hid, James Gibbs said that he checked with the tax department and checked the laws and a�parently it is satisfactory to have this item added to the proposal if the Council wishes Co accept it. It is definrtely a part of the proposal now so that the proposal will be entirely accepted REGULAR COUNCIL MEETING, JULY STH, 1967 Page 6 or re�ected with this statement on it. Tf you added 3% on his entire bid, � he still would be less than the second b�dder. However, the 3% would not be on labor costs or material purchased prior to August 1st. Councilman Harris, addressing Mr. ComStock, in regard to the fact that this is going to be a prevalent situation in a11 construction, will you police the material costs. Mr. Comstock answered that this wi11 be the only �ob, as by August 1st, it wi11 be settled. Presently it is impos- sible to get a positive answer from the tax department. Mr. Comstock thought the matter of the 3% sales tax could be handled either by change order or supplemental agreement at the time of the award directing wha� items would be covered and also directing what purchases could be made prior to August lst, if at a11 possible, Mr. Comstock agreed to police this. Councilman 8heridan entered at 9:15 P.M. MOTION 6y Councilman Harris that the awarding of tfie bid for Storm Sewer Improvement Pro�ect 9�87 be tabled until July lOth, Seconded by Council- man Samuelson, Upon a voice vote, there being no nays, Mayor Kirkham, declared the motion carried. PETITION FOR FENCE ALONG TRUNK HIGHWAY i�47: Councilman Liebl, on behalf of the petitioners for a fence on Highway i�47 between 49th and 53rd Avenues, presented the petitlon to the Council and � asked if a resolution could be drawn immediately and send it along with the proposed Slst Street footbridge. They felt it is definitely a traffic hazard to the homeowners and the people living in the apartments. MOTION by Councilman Harris that the Council receive the petitio� for a fence along T.H. if#7 between 49th and 53rd Avenues„ Councilman Harris said I think this is not the only area on Highway ,'k47 that could and should have a fence, and a request to the Engineering Depar�ent was made to came up with a fence recotmnendation for the balance of the area that should be included, Also, to come up with a Resolution regarding the fence, Seconded by Councilman Liebl. Upon a voice vote, there 6eing no nays, Mayor Kirkham declared the motion carried, Councilman 8amuelson sazd that he was meeting with the Highway Department regarding a bridge for the Columbia Heights School and it is included in the Barton Contract. PLANNING COMMISSION MINCTTES - JUNE 22, 1967: Councilman Lieb1 asked to consider for a moment the rezoning request (ZOA �k67-04) by the S& S Investment Company concerning Lots 1 through 6y Block 1, Carlson's Su�nit Manor Annex, 2nd Addition, to be rezoned from R-1 to R-3A. This concerns Third Street, too. He was opposed to a 24- unit apartment bu�lding because it would be a terrific hazard and there ' are no parking facilities, but if they were meaning to puz up a si.�t unit, one story apartment building, it was hj.s feeling the people would not ob�ect to this. They wi11 come to the Council with a petition, as they feel there is so much traffic on Third Street now, and with the new street, it could not stand any more. REGULAR COUNCIL MEETING, JULY 5, 1967 Page 7 MOTION by Councilman Samuelson to receive the Minutes of the Planning � Commission Meeting of Sune 22, 1967, Seconded by Councilman Sheridan, Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. SOARD OF APPEALS MEETING, JUNE 21, 1967: MOTION by Councilman Lieb1 that the Counca.l receive the Minutes of the goard of Appeals Meeting of June 21, 1967. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kzrkham declared the motion carried, BOARD OF APPEALS MEETING NNE 28, 1967: 1. SECTION 45.'L4, CITY 31 1'�i(1LLISY� M1NNL'JV'1'H: CONSTRUCTION OE A VARIANCE FROM 2 PHOM MOTION by Councilman Harris to concur with the Board of Appeals and grant the variance,by waiver of side yard requirement from 17z feet � to 10 feet on the corner side of Lot 17, B1ock 2, Sylvan Hi11s, Anoka County (6101 Rainbow Drive N. E.) to permit construction of a detached garage to AlUert F. Marsnik. Seconded by Councilman Lieb1. Upon a voice vote, a11 voting aye, except Councilmen Samuelson and Sheridan voting nay, Mayor Kirkham declared the motion carried. 2. PUBLIC HEARING ON A REQUEST FOR A VARIANCE FROM SECTION 45.26, CITY CODE OF FRIDLEY, MINNESOTA 1963, REVISED DECEMBER 31, 1964, BY WAIVER OF FRONT YARD SETBACK REQUIREMENT OF 35 FEET TO 28 EEET TO PERMIT CONSTRUCTION OF AN ATTACHED GARAGE WITH L�VTNG AREA ABOVE ON LOT 10, BLOCK 6, RICE CREEK TERAACE, PLAT 4, ANOKA COUNTY MINNESOTA, SAME BEING 6777 - 7TH STREET NORTHEAST, ERIDLEY, MINNESOTA. (REQUEST BY GERALD G. INGALDSON, 6777 - 7TH STREET NORTHEAST, FRIDLEY, MINNESOTA): It was noted that Mr, Ingaldson was not present. MOTION by Councilman Samuelson that the Council concur with the Board of Appeals and grant the waiver of the front yard setback requirement of 35 feet to 28 feet to permit construction of an attached garage with living area above on Lot 10, Block 6, Rice Creek Terrace, Plat 4, Anoka County, (6777 - 7th St. N. E.) to Gerald G. Ingaldson. Seconded by Councllman Sheridan. Upon a voice vote, there being no nays, Mayor Kirkham declared Yhe motion carried. � MOTION by Councilman Sheridan that the Council receive the balance of the Minutes of the Board of Appeals Meeting of .7une 28, 1967 inasmuch as no action is necessary, Seconded by Councilman Samuelson, Upon a voice vote, there being no nays, kIayor Kirkham declared the motion carried. REGULAR COUNCIL MEETING, JULY 5, 1967 Page 8 SAFETY COMMITTEE MEETING MINUTES, SUNE 21, 1967: � MOTION by Councilman Sheridan that the Council receive the Minutes of the � Safety Committee Meeting of June 21, 1967. Seconded by Councilman ;��*-'� (Samuelson.) Upon a voice vote, there being no nays� Mayor Kirkham declared the motion carried, _ INTERPRETATION OF LAND USE - COMMERCE PARK: Mr. Sam Rosenbaum, representing the Federal Lumber Company (Retail Lumber) stated that they are buying land in Commerce Park. The Company is presently located where the freeway is going through. They are interested in Lots 5 through 8, 25 and 26, and 1 and 2 of Co�nerce Park, and they wi11 be �recting a very fine building. Mr. Gibbs said that regarding zoning in the area, we are talking-about C-1. I understand that it is retail lumber and the question I would like to ask in regard to the applicability of the ordinance is, where do ;�ou intend to put the warehouse� Mr. Sam Rosenbaum, General Manager and Treasurer, answered that they plan to have offices,and_sales rooros along University Avenue. Directly behind the offices and sales rooms, not facing University Avenue, they wi11 have the principle warehouse facilities. Directly in front of the office salesroom, there will be a parking space for about sixty vehicles. The tront of the building wi11 be as attractive as they know how to make it. Lots 1 and 2 will be required as access for the railroad spur. Most of our heavy co�nodities, such as lumber, will arrive � by railroad. We have talked to the Northern Pacific Railroad about putting a spur across, practically ad�acent to the crossing on Osborne Road, across Lots 1 and 2 which wi11 be on the rear portion of either Lots 25 or 26. (The sketch wi11 show it). Mr, Gibbs said that they had discussed Zoning G1 that afternoon, and it was our interpretation of the zoning as it now stands that a warehouse or lumber storage would not be permrtted within the C-1 zoning, As far as the retail operation itself is concerned, it would be within C-1 Zoning, but that the warehouse itself and the general storage area for the lumber would not be within C-1 Zoning. It properly should be located across Commerce Lane in the Industrial Zoning. Mr. Rosenbaum said they intend to operate a ma�or operation and the warehouse would, physically, have to be adjacent to their main selling area, and not to be able to do so, would be unpractical. We have looked at the area thoroughly, and the access road is a considerablefdistanca back from University. Councilman Harris reviewed the zoning of Coimnerce Park and asked Mr. Mike Hafner if the original plans were sti11 in effect, Mr. Hafner replied that, originally, these were the plans and he would have gone along with them, but now, these people come in with a new zdea. If the Council sti11 wished him to follow through, he would do so. Councilman Liebl said he believed with all the large shopp�-ng centers � coming in, he doubted very much if you would get a shopping center in that area at this time, Councilman Harris said he appreciated the fact that these people were trying to make good use of the land and be an asset to Fridley, but if our attorney advises us that there are restrictions, of course we have to abide by this zoning. There is a possibility that we *%�%�* TIIIS IS A CORRECTION. SEE REGULAR COUNCIL MEETING MINUTES OF JULY L7, 1967 UNDER HCADING, "APPROVAL OF MINUTES, REGi7T.AR COUNCIL MEETING, JULY 5, 1967:" REGULAR COUNCIL MEETING, ,NLY 5, 1967 Page 9 would want Lots 26 through 29 to be usable for a sma11 shopping center, � but I think to resolve the problem would require a formal opinion from our attorney, Councilman Harris informed the petitioners that the next regular Council Meeting will be held on July 17th, and at that time, if we can have a formal opinion from our attorney as to how we can circumvent if we can, the ordinance as it so now states. I think in the best interest of the City, we should wait for that report, Mr. Rosenbaum asked if he could explain their plans to the City Attarney in order for him to work their plans anto the area, MOTION bq Councilman Harris that the Interpretation of Land Use in Coimnerce Paxk for Federal Lumber Company be tabled, The C1ty Attorney is to report back to the Council on the 17th of Suly. Seconded by Councilman Liebl. upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. PARKS AND RECREATION CONIMISSION COMM[JNICATION REGARDING SUMMIT SQUARE PARK. Councilman Lieb1 asked permission to read the letter from the parks and Recreation Comm�ssion dated July 3, 1967. He referred to the Special Parks and Recreation Cu�ission Minutes of May 15, 1967 whereby they approved Preliminary Plan P-2 as the final plan for Su�nit Square Park � and authorized execution of the plan, He stated the people in the area have consulted hun and asked that the plan go through as voted. They feel it is necessary for the children in the area to have this playground, and they do not want to wait any longer, and want it_done this year. As long as the money has been budgeted for 1967, Councilman Liebl could see no reason for waiting any longer to give the people what they want. A citizen fzom that area, Mr. A1 Osfar, spoke in behalf of the people who were in favor of getting the work done this qear. Courn¢ilman Harris agreed the people have been-very patient and the Council concurs with the people, We have decided that_P1an�P-2 is the appropriate plan for uses as the land now exists. In the area that borders on the South of Hughes Avenue, I think the Parks and Recreation has made a reasonable statement when they said that if you put in equipment on a temporary basis, it would make it impossible to have safe equipment. We do not want to put in equipment that is not anchored. Mr. Osfar said the people want a skating rink again. � Councilman Harris said we agreed ln our discussion that Plan P-2 is a reasonable plan for the development of Summit Square Park, but based on the discussion before and the recommendation of the Parks and Recrearion, we should not put in any temporary appazatus on the south half of the park which borders Hughes Avenue. If the ba11-plaging is a problem there, we will have to find anoYher solution to keep the ball in the park by erect- ing a fence. �r. Osfar felt the fence_would be adequate. � MOTION by Councilman Harris to rescind the previous motion of the Council on June 5� 1967 which stated "Adopt the Original P1an P-2 for Summit Square Park, with the exception that on the south side there be a slide or swing installed to prevent ball-playing" and re-affirm our position to implement Plan 2 for Summit Manor Sqnare with the stipulation that no temporary apparatus be placed in the south half of the park on the Hughes Avenue side, and that the park Director be directed to expedite construction REGULAR COUNCIL MEETING, JULY 5, 1967 Page 10 for Summit Manor Square wrth funds available at the earliest possible date, Seconded by Councilman Samuelson, Upon a voice vote, there heing , no nays, Mayor Kirkham declared the motion carried. In answer to Councilman Lieb1's question, Mayor K�.rkham said there was •.....,, no one here who could te11 him when the pro�ect would be completed, and (*-'�-�'�-%: t�at Mr. Srown had not been dragging his feet as this was an involved (CORRECTION ON) problem as to exactly how to solve it. As you know, we made�a decision(gOTTOM OF THE) based on what we thought the people wanted, but another group let us know( PAGE ) that this xsn't what they wanted, Councilman Harris said you have an area that does not have adequate park land as far as size goes. This Council has discussed the possibility of acquiring additional land in that area and this is part of the problem in developing parks, We have moved forward this evening and I am sure our request wi11 be answered as fast as our Park Director can move, FENCE 6N EAST SIDE OF HOLIDAY SERVICE STATION (ERICKSON-PETROLEUM CO., INC.) Councilman Harris stated that one nf the stipulations under the Building Permit was the provision that Erickson Petroleum would erect a redwood fence along the East boundary line of their propexty, The fence, to date, has not been etected. Mr. Whitcomb called me tonight and asked me to put it on the agenda tonight. He is an abutting property owner. He has experienced a 1ot of unnecessary traffic going to and from the station, such as lights, noLSe, etc. Mr. Whitcomb explained that a number of people have cozne to him and wanted to know when the fence was going to be put up. He had called City Ha11 many times and the last time, the City Attorney informed him there were some other 1ega1 things that would have to be straightened out. It is almost ten months since the original deal was set up. Mayor Kirkham told Mr, Whitcomb that Erickson Petroleum Company would like to buy the other half of the a11ey so that when they do place a fence, it will be put up on their property. They wi11 still conform to the original agreement, Councilman Harris addressed Mr. Wh�,tcomb saying the reason given you by the Attorney was the fact that they asked for vacation of the a11ey so that it would be their property, but we cannot do that. The vacation is of such a nature that half of the a11ey would go to them and half to you, That it would be uupossible to erect a fence down the middle because of utility easements. The fence would have to be either on the west side or east side. There are two ways that we can handle this; we can ask the Attorney to report back to us at the next Council meeting, or we could request the people from Holiday to be here and you get your contingency up here again and we will get a decision and some action out of them immediately. I feel that this has gone too far, and is part of our building permit. It is part of our Certificate of Occupancy, and if a person doesn't live up to their agreement, they shouldn't be allowed to cont�nue to operate. Mayor Kirkham stated this might be moved along a little faster by asking Erickson Petroleum to put up the fence according to the agreement. Then, if they want to make some negotiations to get the additional land, they may do so, but we want the fence now, %<'%��'�'� THE FIRST TWC "Tn answer to to t as this was an ect as to was In how to solve it." SEE REGULAR COUNCIL MINUTES OF JULY 17, 1967, UNDER HEADING, "APPRO�AL OF MINUTES, REGULAR COUNCIL MEETING, JULY 5, 1967:" Page 1. � � REGULAR COUNCIL MEETING, NLY 5, 1967 Page 11 � MOTION by Councilman Harris that the Council order the fence on the east side of Holiday Service Station (Erickson Petroleum Company, Inc.) be erected 6y the first of August or rescind their Certificate of Occupancy which aliows them to operate the station. Seconded by Councilman Sheridan. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. COMMITTEE APPOINTMENT - FRIDLEY HOUSING AND REDEVELOPMENT AUTHORITY: Mayor Kirkham explained the term of Carl Paulson had expired. MOTSON by Councilman Liebl that the Council re-appoint Mr. Car1 paulson, 430 - 57th P1ace N. E., Fridley, Minnesota for a term of five years on the Fridley Housing and Redevelopment Authority. Seconded by Courxci�lman Harzis, Upon a voice vote, there being no nays, Mayor Kitkham declared the motion carried, FIRE DEPARTMENT PAYROZL - 12/23/66 to 6/19/67: MOTI9N by Counctlman Samuelson that the Council approve payment on the Fire Department Payroll. Seconded by Councilman Harris. Upon a voice vote, there heing no nays, Mayor Kirkham declared the motion carrtied. INCREASED LIFE INSURANCE COVEAAGE FOR POLICE AND EIRE DEPARTMENTS: � Mayox Kirkham stated the Counc�l had asked Mr. Wilbux Whitmore, Fridley Police Civil Service Co�issaon, to report back. Mr. Whitmore said last year, you discussed a$10,000 policy. Mr. Schillinger's letter o£ June 2, 1967, pointed out they could have a straight $7,000 in addition to the $3,000. When this was discussed, some of the men said they would start with $7,000 if they could get double indemnity. The intent of insurance is to cover hazardous condrtions. The Commission thought it would be good to have double indemnity. We are trying to put the £amily in a position where they are not dependent upon Che community in the case of accidental death. This is why the more we can have, the better. By having double indemnity, we can get the most for the lease premium. Originally this applied to the Police Department, and after Lncluding the Fire Department, z took the liberty of talking to them and they would be happy to be part of_this plan. Mayor Kirkham said that he thought this is a very good proposal ar�d he would like to see the Council adopt the double indemnity. Councilman Harris said he xealized the hazardous conditions that the policemen and firemen work under, and feels the increased coverage is showing good faith in these departments, and certainly hopes they will never have to draw on this life insurance, but feels it would be a good thing to have. MOTION by Councilman Harris that the Council approve the $10,000 life � insurance, plus the $7,000 accidental death which would increase the monthLy cost to the City for the public employees of the Police and Fire Departments approximately $103.14 per month. It was re-aFfirmed thae the policy was for a straight $10,000 l�fe insurance with $7,000 double indemnity in case of accidental death. Mr. Whitmore also brought up a rider which would include dependenCS. This was brought up in one REGULAA COUNCIL MEETING, .TULY 5, 1967 Page 12 of the proposals last June as be�ng available for about 40G per month per � dependent, One hundred percent of the_patrolmen and firemen said they would pay the,additional expense at no extra cost to the City. It wi11 be strictly up to the Council. Tt is not available to those whose salary is less than $5,000. MOTION by,Councilman Harris that t�e Council approve_the r}der covering dependents and policy cost to be borne by the employees getting the hazardous insurance. Councilman Sheridan said if this insurance is,not going to �e available to a11 employees� then i� should not be for any of them. MOTION by Harris that the Administration he asked to check with the Insurance Company to see if this rider could be made available for all �mployees. Seconded by Councilman Samuelson, Upon a volce vote, there being no nays, Mayor Kirkham declared the motion carried. , PROPOSED PRELIMINARY PLAT P.S. 9�67-04 THE WESTERLY RIGHT OF WAY LINE OF�RIVERVIEW TERRACE: It was explained that the original request for a lot split is_being�chaAged to a p1at, MOTION by Councilman 9amuelson that the Council accept the Preliminary � Plat (P.S, �k67-04) of Donald Batterson and�advertise for a public hearing on the final plat. Seconded by Councilman Harris. Upon a voice vote, there being no nags, Mayor Kirkham declared the motion carried. - ' � � SALARY OF ACTING CITY MANAGER - Councilman Sheridan said he had neglected to conslder the salary for the Acting-City Manager at the last meeting. I don't think any of us intended that. It came to my attention,a couple of days later and I asked that it be put on the Agenda. If it is agreeable with the Council, it wi11 pro- bably be a couple of months anyway, before we haVe a permanent City Manager, and inasmuch as Marvin wi11 be handling two �obs, I would like to propose to the Council that his salary for that time be the same as the former City Manager, � - - MOTION by Councilman Sheridan that the Council change the salary of the Acting City Manager to a temproxary sal2ry equal to that of the former City Manager beginning Su1y 1, 1967 untxl the new manager is appointed, Seconded by Councilman Lie61. Upon a voice voCe, there being no nays, Mayor Kirkham declared the motion carried. NOTICES OF HEARING - RAILROAD CROSSINGS: It was noted tha*_ there will be a hearing on railroad crossings �t 61st � Avenue, 73rd Avenue, 79th Avenue, and 83rd Avenue to ba held Tuesday, 1 AugusL- 1967 at 10•DO o'clock in the Council Chambers at 6431 University Avenae NE, Fridley un the Order of the Pablic Servzce Commission af the State of Minnesota. REGULAR COUNCIL MEETING, JULY 5, 1967 Page 13 � MOTION by Councilman Lieb1 to receive the Notice of Hearing for railroad crossings. Seconded by CouncLlman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. Councilman HarrLS asked that the City Engineer have all pertinent informa- tion ready to �ustify the hearing and the need for the crossings. Council- man Samuelson sa�d he believed he could attend the meeting. Councilman Sheridan would try to 6e present. DISCUSSION OF BUS ROUTES: Councilman Samuelson said there xs a gentlemen in the audience who called to ask if the bus route could be routed to 7th Street. A cit�zen said that if there aren't enough passengers, the Bus Company will take the bus off. The County road can stand the bus traffic, If you extend the route to Highway ��65 it wi11 help, Mayor Kirkham explained the City had asked the Sus Company to extend the route to Old Central but they could not because of the ruling of the Railroad and Warehouse Coimnission that you cannot cross another Uus 1ine. They had established the 1Lne to come up to the Methodist Church parking lot, but, of course, when they started their construction, the Bus Company had to find a new place. Mayor Kirkham received unofficial information � that the church does not want the bus to go back into their property after the church is built. None of the streets in the area are built to carry the weight of the bus except 7th Street. The Bus Company would like to go further on Mississippi if we could find a place for them to turn around. Councilman Harris told the citizen that the Bus Company cannot take the service off without petitioning the Railroad and Warehouse Commission because the line has been in existance long enough. No action was taken. LEGAL ACCESS TO LOCKE PARK: Councilman Samuelson said he asked this item be put on the agenda. Council- man Samuelson stated the Lega1 Department should cooperate with the Park Board and the Engineering Depaxtment and find a 1ega1 access from Locke Park to Highway ��65. I believe it is time to pursue a permanent easement. Councilman Harris said that NSP would be coming in for consideration of permission to build some high lines. We should determine where the road should go. It should be worked in cooperation with the Park Board and the Engineering Department and with the I-Iighway Department because of crossovers. MOTION by Councilman Samuelson that the Legal Department, Engineering Depart- ment and the Park Board work out a permanent easement for the eastern access � to Locke Park from Highway �k65. _Seconded by �ouncilman Harris. Upon a voice vote, there being no nays, Mayor Kirkham declarzd the motion carried, REGULAR COUNCIL MEETING, TULY 5, 1967 Page 14 RESOLUTION 4�127-1967 REGARDING JOINT ACQULSITION OF PROPERTY FOR ICE � ARENA, PUBLIC WORKS AND OTHER CITY PROPERTIES: Councilman Harris said in reference to the resolution covering the �oint acquisition of land now owned by Minnesota Transfer Company, the site will Ue used in part by the Anoka County Commissioners for an Ice Arena, and the Easterly one-half to 6e used for public works garage� The agreement has been prepared by the County and the City. The Resolution is to go along with the agreement indicating additzonal considerations to be exercised upon acquxring the property, that would be that the service road would be constructed by the Anoka County Commissioners which would serve both the Park and the Arena, and the part that would serve the Park would be paid for by the Board of County Commissxoners in their con- struction. This contract is only valid if we take half of the property. If there is any change in the amount of land, a new contract wi11 hav.e to be drawn. The servlce road which would have to serve the maintenance garage on the east edge of the property would have to start on 69th and go through to 73rd. Councilman Liebl stated he hoped the City wi11 get at least eight acres. Councilman Harris said the Board of Commissioners know how much they need for the Arena, but there are a few minor changes they might want to make which would not requlre much land. We could give them one or one and a half acres and not miss them, as perhaps part of our acreage would be put into park. Councilman $arris also said the Board of Commissioners were ready to act on this tomorrow morning or as � soon as they heard Council's action, Any delay on our part wi11 make it tfiat much longer in getting negotiations started to acquire the land and get construction started. MOTION by Councilman Harris that the Council adopt the Resolution Re- garding Joint Acquisition of property for Ice Arena, public Works Garage and Other City Properties. Seconded by Council Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. MOTION by Councilman Harris that the Council accept the Agreement reEerred to in the above resolution and authorize the Mayor to sign the contract with the County of Anoka. Seconded by Councilman Samuelson. Upon a voice vote, there bezng no nays, Mayor Kirkham declared the motion carried, RESOLUTION ��128-1967 COOPERATIVE CONSTRUCTION AGREEMENT N0. 55472 STATE OF MINNESOTA: Councilman Samuelson had a question regarding the contents of the agree- ment. Mr. Comstock said this was a typical agreement and the same as the one used previously. He discussed Item VLI in detail with the Council. MOTION by Councilman Samuelson to adopt the resolution accepting the Cooperative Construction Agreement No. 55472 for Storm Sewer Construction from Southwest Quadrant T.H. 694 and T.H, 55 and authorize the Mayor to � sign said agreement, Seconded by Councilman Sheridan. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. � � � REGULAR COUNCIL MEETING, JULY 5, 1967 ' AUTHORIZING EXPENDITURES FOR HIRING A CITY MANAGER: Page 15 Mr. Gibbs said he talked to the City Attorney this morning after trying to get hold of Councilman Samuelson. He feels a resolution as such is not necessary, but that it could be done on motion with the provision that one Councilman on this committee be in charge and submit an invo�ce to the City Manager or Finance Director for his approval, Councilman Samuelson said that this was the intent. The Council was in agreement that the expenditures should be handled as the City Attorney suggested. CLAIMS: MQTION by Councilman Harris to approve for__pa�ment General and Public Utilities Clauns ��12123 through �i�12267 and Liquor Claims �F'1241 through �r�1274. Seconded by Councilman Sheridan. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. ESTIMATES: MOTION by Councilman Harris to approve the following estimates for payment. S. C. S�n�.ley & Associates 1750 Hennepin Avenue Minneapolis, Minnesota 55403 Fridley Civic Center Dunkley Surfacing Company, Inc, 3756 Grand Street Northeast Minneapolis, Minnesota Estimate �kl - Street Improvement Pro�ect 1967-2 (61st Avenue - Main to University Avenue, Baker Street - 73rd to Osborne) Estimate 4k1 - Street Improvement Pro�ect 1967-1 (Rainbow Drive, 61st to Comet, 63rd - Universrty Service Road to Sth Street, Arthur - Mississippi to north property line of Rice Creek School, Hugo Street - East River Road to east end of street, and Civic Center Parking lot) C. S. McCrossan, Inc. Route ��2, Box 322 Osseo, Minnesota Estimate �k3 - Street Improvement pro�ect St. 1966-2 (West Moore Lake Drive and Rice Creek Road from Central Avenue to Baker Avenue) $ 1,065.00 $10,000.35 $ 2,854.21 $13,235.40 The motion was seconded by Councilman Sheridan. Upon a voice vote, there being no nays, Mayor Klrkham declared the motion carried. REGULAR COUNCIL MEETING, NLY 5, 1967 LICENSES: MOTION by Councilman Harris to grant the following licenses. GAS SFAVCCES CronsLro�n�s Heating & Air Cond 4410 F.hcelsior E1vd, St. Louis Park, Minnesota North^rn Prn�ane G:?s Co. I1300 Centrzl Avenue N. E. Plinneapolis, MinnesoLa GENERAL COnTTP,ACTOP.S Crohn & Swanson 104 Birch Drive Fores� Lake, Minnesota InYernational Homes 3939 East 46th Street Minneapolis, Minnesota Random 7nc, 9201 Lexington Avenue Circle Yiei2s, ilinnesota ilEATING Cronstroms Htg. & Air Cond. 4410 Excelsior Blvd St, Loui� Park, Minnesota Wm. H. Klatke Plbg & FItg. ?656 Sheridza Avenue North Minneapolis, Minnesota M�.SOV�Y Tom Rochel Plasonry Contractors 12445 River P.idge Blvd. Burnsville, Minnesota Ruud, Znc. 3515 Kilmer Lane N. Minneapolis, Minnesota Leo 0. Sanders 2418 Cal�fornia St N. E. Mlnneapolis, tiinnzsota By: Lowell C Anderson By; �:. E. Soderman By: E. C. Crohn By: Dale Tukua By: Fred RehUein By; Lowell C. Andersen By: Wm. Klatke By: Tom Rochel By: kobert Ruud By: Leo 0. Sandcrs Page 16 � P.ENEWAL � RF.NEWAL NL YT RENEWAI, � RFNF.WAL RENEI�TAL NEW RENEWr1L RENELIF,�, , REN�WAL , � � REGULAR COUNCIL MEETING, JULY 5, 1967 CIGARETTE Fridley DX Service Station 5701 Universrty Avenue NE Fridley, Minnesota VENDING TRUCKS The Oasis 4800 Central Avenue NE Minneapolis, Minnesota 55421 SOLICYTOR Southwestern Company Apartment ��2 1466 West Larpenteur St. Pau1, Minnesota 55113 Page 17 by: H. L, Goetz, Finance Mgr. Sunray DX Station by: Gaylord A. Johnson by; Sohn S. Freeborn 'Ihe motion was seconded by Councilman Sheridan. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. REQUEST TO VERIFY LEGAL DESCRIPTION: MOTION by Councilman Liebl to submit a picture of a house situated on Lot 29, B1ock 21, Hyde Park, to the Council and asked that it be forwarded to the 1ega1 department of our City to have it processed. To see whether or not the Attorney concurs with this legal description. Seconded by Councilman Harris. iTpon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. PETITIONS. PETITION ��16-1967 - STREET PAVING - LIBERTY STREET FROM EAST RIVER ROAD TO RAILROAD TRACKS: Councylman Sheridan stated this was an area where a number of propert-y owners are out of state residents and it is difficult to get any more signatures. The pex cent slgning was 24%. The City Engineer stated there is a petition for Ely Street requesting a hearing and it will probably be brought before the Council. The Engineering Department can work on it over the winter so that it will be ready next year. MOTION by Councilman Sheridan to xeceive Petitzon ��16-1967 and refer to the Administration for processing. Seconded by Councilman Samuelson. T]'pon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. REGULAR COUNCIL MEETING, NLY 5, 1967 C OMM[JNICATION S : (A) CITY ATTORNEY MEMORANDUM, NNE 13, 1967: REPAIRS OVER $1,000 Page 18 MOTION by Councilman Harxis that the Council receive the Memorandum from the City Attorney dated Sune 13, 1967 regarding Repair of Water and Sewer Breaks and We11 Breakdown. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. Councilman Sheridan asked if the Council we�e goxng to establish a policy for direction and guidance of the administration? Councilman Harris said he thought tne mcmo states that if it is the law, it is the policy. Mr. Gibbs said the conversatlon the City Attorney had with him was that this is what the law was and City would be we11 within its rights in this sit- uation to adopt what he has found here as policy. If rt is a necessary repair for a sewer break, the Council can go ahead and expend the amount necessary. MOTION by Councilman Sheridan that the Council adopt the Memorandum dated June 13, 1967 regarding communcation from the City Attorney on Repair of Water and Sewer Breaks and We11 Breakdown as the City's policy. � The City Engineer stated the problem is that thexe has never been a clear directive fram the City Attorney, Every time thexe is a break, we dis- cuss it. There is no question that when we have a break, we have to fix � it. For example, on We11 �i�l we did go ahead and get zt repaired, There will be a bi11 caming before you for the repair before the next meeting. Mr. Gibbs asked Mr, qureshi zf this Memorandum sets it forth so that when a situation arises that he can act now. Mr. Qureshi sazd he thought so because there is a record now that you have a policy. The Council felt a policy should be in the form of a resolution. Councilman Sheridan with- drew his motion to adopt the Memorandum as poiicy, MOTION by Councilman Harris to return the Memorandum from the City Attorney dated June 13, 1967 regarding Repair of Water and Sewer Breaks and Well Breakdowns and ask hun to draw a resolution based on the intent of this memorandum and have it ready for the next Council meeting, Seconded by Councilman Sheridan. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. Mr. Gibbs said in their discussion of the cost of repairs, it seemed to him the discretion has to rest with the Engineering Department. If it gets too high, we �ust assume they will came to the Council or call an emergency meetzng or something. Mayor Kirkham said further discussion will be in order when the resolution is received. NE2: DRAINAGE Mayor Kirkham stated thls was a letter from Mrs.Nei regarding drainage. � Councilman Sheridan said he knew the property because he had been over to it several times, and the neighbors have a problem a1so. The School was built on low land which they built up. At one time I thought per- haps we should put a city pump there for the run-off water. Councilman Harris asked if this situation is similar to that of Pierce and Dellwood. REGiTLAR COUNCIL MEETING, JULY 5� 1967 Page 19 � Perhags the Council should make the same decision for this area, too, that is, if the water gets too high in the street, the City would pump. The City Engineer stated that when the area is built up and permanent pavement put in, Che people will be helped, but at this time there is no solutLOn, we just have to live with the problem. MOTION by Councilman Haxris that the Council receive the communication from Mrs. Cletus Nei. Seconded by Councilman Sheridan. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carr�ed, (C) ST. ANTHONY JAYCEES: USE OF LOCI{E PARIz Mayor Kirkham said that actually thls has been taken care of. I polled as many councilman as I could get hold of because they had to know as of Monday, July 3rd, and gave them an informal notice. However, I feel we should go through the formality of giving them a reply. MOTION by Councilman Samuelson that the Council receive the request from the St. Anthony ,Taycees to hold the North Suburban Jaycee Chapters meeting on the 27th of Suly xn Locke Park from 5:00 P.M. to 11;00 P.M. and inform the Park Board to make a formal reply noting we expect them to leave the area in the same condition as they found it. Seconded by Councilman Sheridan. Upon a volce vote, there being no nays, Mayor Kirkham declared the motion carried. � (D) INTERNATIONAL ASSOCIATION CHIEFS OF POLICE: SURVEY MOZ'ION by Councilman Samuelson that the Council receive and order the survey mentioned in the communication of the International Association of Chiefs of police, Inc, Seconded bp Councilman Sheridan. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. SOARD OF HEALTH; SOARD ACTIVITIES MOTION by Councilman Samuelson that the Council receive the 11st of activities on the part of the Board o� Healeh. Seconded by Councilman Sheridan, Upon a voice vote, there�beit�g no nays, Mayor Kirkham declared the motion carried, Councilman LieU1 asked about the status of 6476 East River Road. Mayor Kirkham said the City Attorney has action on it now, and it is �ust a matter of time before it will be resolved. MOON CORPORATION: TERRY'S ADDITION PLAT Councilman Harris asked Mr: ,Tulkowski when would they get the holc filled in, Mr. Julkowski said that when he could build, it would be taken care of. Councilman Harris continued that there would not be enough ii11 from � the excavation to fi11 the ho1e, Mr. Julkowski sald he coould then have to truck in the fi11. Mr. Julkowski was told the winter is not the pro6lem, but the stumner is because of the water standing and the children in the area, We have zeceived a numher of complaints and we keep telling these people we are trying to resolve the local problem. During the discussion that followed, Mr.�Sulkowski was asked if he could get the streeL- graded by April 1st or May lst next year. Mr. Julkowski said he had been having REGULAA COUNCIL MEETING, JULX 5, 1967 Page 20 boundary trouble and could not get the plat recorded. Mr. Gibbs explained � the reason the Registrar of Deeds could not accept the plat was because there was a piece of land that really did not exist but showed up on the certificate. This was resolved and the plat is acceptable now. Council- man Harris recalled that the Councll had approved the plat and now they should ratify their decision, MOTION by Councilman Harris to receive the P1at Terry's Addition (P.S, ��63-07). Seconded by Councilman Sheridan. Upon a voice vote, there being no nays, Mayar Kirkham declared the motion carried. A citizen asked who was responsible for maintaxning Po1k Street. Mr. Julkowski informed him this was a legal question. He had deeded Polk Street to the City, but the City could not accept because of a boundary dispute, He was told that when the plat is filed, the City would own the right-of-way. Mayor Rirkham asked Mr. Julkowski how soon they can expect this to be filed. Mr. Julkowski said rt has a complicated legal descript- ion that covers the whole page. He could not give a definite date. Mr. Qureshi brought up the fact that the zoning lines are odd. The Council decided this could be brought up after the plat is recorded. It was mentioned the Crty needs an easement for storm sewer and this should be noted on the p1at. MOTION by Councilman Harris that the Council order plans and specifications for the streets and utilities in the proposed plat of Terry's Addition, � Seconded by Councilman Sheridan. Upon a voice vote, there being no, nays, Mayor Kirkham declared the motion carried. (G) FIRE DEPARTMENT: EMERGENCY REPORTING SYSTEM Ch?ef Hughes of the Fire Department said he would like to recommend that the City plan on nine (9) ca11 boxes at $13.50 a year. We will be within the Fire Department budget. These will be located along the main highways, like East River Road, Central Avenue and �k694. We have to go to the State Highway ➢epartment in order to get them approved. When they are located on the highways, people would have a chanqe of calling the dispatcher. I am working on my bixdget and I did put in for nine, depending upon your determination tonight. The total cost of our secondary alarm system, our ca11 boxes, rental oi the equipment fram Northwestern Be11 Telephone wi11 run about $2,000 or $3,000 a year. They take care of that equipment, The line charges are paid by the user of the alarm system. The alarm systems in the liquor stores are, at the present tzme, under private con- tract. It would benefit the Crty to have them connected to our system. If a liquor store is held up, the alarm goes down town and they get it before we do. Councilman Harris asked Chief Hughes, regarding the emergency boxes on the highway, are these boxes self-supporting� Are they going to be on their own post or on a telephone pole? Chief Hughes replied that they w�ll be self-supporting on a separate post. MOTION by Councilman Harris to receive the coa¢nunication from the City of � Fridley Bureau of Fire Prevention dated June 26, 1967 and concur with the Bureau of Fire Prevention and include in the alarm system, the alarms now existing in the Crty's 1Lquor properties. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried, REGULAR COUNCIL MEETING, .TULY 5, 1967 � (H) ZIZAK: VACATTON OF 57? AVEN[IE Page 21 The City Engineer explained this vacaCion has been considered by all of the committees and re�ected by Council in 1964, reactivaeed again 1n 1966 and tabled�until the street problem in the area was solved. Now that Third Street is goLng through, it was felt the facation should Ue granted and a public hearing held. MOTION by Councilman Samuelson that the qacat�on Request (SAV ��64-08) Joe Zizak, of 57� Avenue between Third Street and 22 Street be granted and that a Public Hearing be held. Seconded by Councilman Harris. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carrLed. (I) CITY ENGINEER: DETACHED SERVICE ROADS Councilman Harris said he was glad Mr. Qureshi put this item on the agenda. We did meet with the State Highwap Departrnent relative to the detachment of the service road at Mississippi StreeY, and also the section of the road that would service 64th Avenue and Sth Street. The report of the City Engineer was contained in a Memo No. CM �k67-30 dated June 27, 1967. The problem of acquiring right of way either by negotiating or condemnation in order to proceed with the work this year was discussed. � MOTION by Councilman Harxis that the Council concur wrth the CiLy Engineer, and proceed to have the administration and the attorney negotiate for, or condemn the land necessary for the detachment of the service road at Mississippi and University Avenue. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays� Mayor Kirkham declared the motion carried, frihen Mr. Qureshi was asked about speeding up the work around the new City Hall, Mr. Qureshi said the SCate has already done the design work and the City would let the contract to build the road. The design is not the problem now, Uut entering into agreements for right of way. The State was going to put in a 36 foot road at no cost to the City but we want a 40 foot. We do not have the right of way along the Riedel property. This type of work is time consuming. Councilman Harris wished to co�nend Don Savelkoul for putting together this meeting. Because the interested parties could s�it across a table and discuss the problem, we were able to get something done. (J) MINNESOTA HIGHWAY DEPARTMENT: T. H. 1r�65 CROSSOVER MOTION by Councilman Harris to receive the co�nunication of the Conference ReporC dated ,Tune 22, 1967, subject being T.H. 9k65 Crossover at 61st Avenue NG, T.H. �k47 detached frontage road at 57th Avenue and blst Avenue NE, Seconded � by Cvuncilman Samuelson. Upon a voice vote, there being no nays, p�ayor KLrkham declared the motLOn carried, REGULAR COUNCIL MEETING, .TULY 5, 1967 Page 22 (K) CITY ENGINEER: ACQUISITION OF RIGHT OF WAY FOR 73RD AVENUE � The City Eng�.neer explained that he and the City Attorney had been unable to get a final decision from Sears-Roebuck and Company for the acquisition of a right of way on 73rd Avenue, although in the beginning of,the negoti- ations, they seemed to be willing to grant the easement. Councilman Harris explained that Minco purchased a piece of property on 73rd Avenue and they want to start construction bu� need a road. They requested the County to take over construction of 73rd Avenue from University Avenue to Commerce Lane. If the County,LS not go�ng to take it over, we are going to have to put in a road, or we wi11 have no company, The City Engineer said that if the Council authorized either negotiation or condemnation for the right of way on the south half ot 73rd Avenue, we can put the road in this year. MOTION by Councilman Harris that the Council receive Memo No. CM ��'67-29, dated June 27, 1967 from the City Engineer and request the Administration, Engineering Department and City Attorney to enter into negotiation or condemnation to acquire the right of way on the South Ha1f of 73rd Avenue from University Avenue to Commerce Lane. Seconded by Councilman Samuelson, Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. VISTORS: There were no visitors. (L) COMMiJNICATION: MR, & MRS. TAIFFAUT, 5760 HACKMANN AVENUE NE Councilman Sheridan presented the communication from Mr. and Mrs. Thiffaut and said he would like to turn the letter over to the City Attorney. The Council agreed that the City Attorney should answer the letter. ADJOURNMENT: There being no further business, Mayor Ilirkham declared the Regular Council Meeting of July 5, 1967 ad�ourned at 11;40 P,M, Respectfully submrtted, , � � _s I _ / .�G�i("., , 'C` �=j �� ` L � lf /'. � /��A a�..-� ,��,� � N.�.�� _y � i , ,�-c Haze1 0'Bxian �" � Acting Secretary to the Council �- � �