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11/06/1967 - 00020596�� � THE NLiNUTES OF THE REGULAR COUNCIL ME�TING OF NOVEMBER 6, 1967 The Regular Council Meeting of the City of Fridley was called to order by Mayor Kirkham at 8;00 P.M. OPENING CEREMONY AND INVOCATION: Mayor Kirkham asked the audience to stand and �oin in saying the Pledge of Allegiance to the Flag. Mayor Kirkham introduced Reverend Brayshaw, representing the Fridley Ministerial Association, who gave the Invocation. ROLL CALL MEMBERS PRESENT: Kirkham, Liebl, Harris, Samuelson, Sheridan (Arrived aL- 8:30 P.M.) MEMBERS ABSENT: None APPROVAL OF MINUTES, SPECIAL COUNCIL MEETING, OCTOBER 13, 1967: MOTION by Councilman Liehl to adopt the Minutes of the Special Council Meeting , of October 13, 1967 as presented. Seconded by Councilman Samuelson. ilpon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. APPROVAL OF MINUTES, REGIILAR COUNCIL MEETING, OCTOBER 16, 1967: MOTION by Councilman Harris to adopt the Minutes of the Regular Council Meeting of October 16, 1967 as presented. Seconded by Councilman Samuelson, who pointed out a typographical error to be corrected. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. ADOPTION OF AGENDA: Councilman Lieb1 said that there were some people from the First Ward present that would like to be on the Agenda. Mayor Kirkham stated that Item 7A could be added -"Problem in Fixst Ward", The Council decided that Item 16, "Consid- eration of Request to Operate a Teen-Age Club in the City of Fridley", Item 18, "Consideration of Preparation of Insurance Specifications", and Item 33, "Con- sulting Engineers Fee Schedule" be deleted, and brought back at the next Regular Council Meeting with recommendations from the Administration. MOTION by Councilma� Harris to adopt the Agenda as revised. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. � PUBLIC HEARING ON MILL LEVY - 1968 BUDGET (CONTINiTED FROM OCTOBER 16, 1967); Mayor Kirkham said that to bring C�>uncilman LieUl up to date on the Budget Meeting that had been held on Friday, November 3, 1967, the Councilmen present had agreed that Departments could make detailed changes in their individual budgets, as long as there was no change in the overall budget. I� � i � ,, �� � ' REGULAR COUNCIL MEETING, NOVEMBER 6, 1967 PAGE 2 He said that the mi11 levy would remain the same, and there would be no , changes in the totals as listed in the copy of the budget. Councilman Liebl said he would concur with the recommendation of the Council except for the rtem of adding a City Planner to the budget, and he would have to ob�ect to this. He said that the Planning Commission feels that at the present time there is no great urgency for a full time planner in Fridley, and he would have to concur with them. He said he would concur with the rest of the budget as presented. Councilman Harris slydted that he had prepared a budget statement regarding the� budget which pointed out some of the things the public may not be fully aware of in coming up with a workable program. Following is the statement that Councilman Harris read; "This budget that the Council is presenting tonight represents many hours of discussion among the various administrative heads and numerous hours individually and collectively by the Council to arrive at a program that wi11 meet the needs of the City of Fridley for 1968. In some cases, departmental requests were pared wherein the Council felt that a program or a purchase did not merit a high priority in the year 1968. In doing this, the Council was aware no cuts in the budget would be taken that would reduce the quality of any services to its citizens. ' As this City continues to grow, the costs of operating expanded departments must be met. We have, I believe succeeded in doing this within the framework of the proposed mi11 rate for 1968. This was accomplished by promoting a growth rate through expansion and thus an increased valuation and also �udicially applying State re- turned monies. The additional funds have provided for increased personnel wages required to cover merit and cost of living increases. It has also provided for new personnel in the public works department, park department, and an additional man in the building inspection department. Programmed also into this budget is the necessary money to provide adequate planning and administrative assistance to insure the orderly growth of our community through the addition of a City Planner. Capital improvements were not neglected in this budget as funds for additional street lighting, more park maintenance equipment, playground equipment, emergency power generating equipment and furniture for our new civic center are provided. Also, $10,000.00 for additional capital improvements not included in the original contract for the civic center will be carried by this budget. We have also within the budget provided adequate funds for the annual , installment covering the cost of the new city garage to be completed next spring. This construction was necessitated by the removal of the city garage for construction of the civic center and the incxeased needs of adequate storage and maintenance facilities of our public works department. REGULAR COUNCIL MEETING, NOVEMBER 6, 1967 ' The Council was mindful that these commitments must be met by this budget and not for one reason or another obligate a succeeding Council to wrestle with problems of inadequate budget planning. In followiag a plan of adequate budget planning, we strived to do everything in our power to make a mi11 rate reduction possible so that the citizens of this communit-y could receive the maximum benefits intended by the szles tax. If this budget is adopted this evening, it wi11 carry a mi11 rate of 41.5 mills, a reduction from 43.98 for 1967 of nearly 2.5 mills. This will mean to the homeowner of an $18,OOD.00 home, a savings of $174.84, an $24,D00.00 home, $252.60; and an $28,000.00 home, $264.04, in School District �'k14 (taking into account their proposed mi11 rate for the coming year) on the real estate taxes for 1968. These reductions were made based on the assessed valuations as of January 1, 1967. They do not include the results of the recent construction boom, which includes, Taxget, D. W. Onan, Minco, and the $4,000,000.00 apartment complex on the East Aiver Road and also the newly announced Gart�x Day Division of Haxt Cartex, Inc. This construction activity assures the C1ty of Frxdley of an expanded tax base and a bright future indeed." Mayor Kirkham thanked Councilman Harris, and said he had prepared a statement also, but that Councilman Harris had covered everything. ' Mr. So1 Gunzburger, 6209 Baker Avenue Northeast, asked about the policy on street lights. Councilman Samuelson explained that the cost of the lights are charged to the City on an annual basis. Mr. Gunzburger complained about a light that has been out in his area. Councilman Harris said that if the Police Department spot these lights out, they are reported, but the citizens can call City Hall anytime to report lights that are out. ; � ; °� PAGE 3 Mr. Robert McPherson, union representative of the Public Works employees, said that the Council has not discussed any of the figures in the budget, and he would like to know where his people stand, The Finance Director said that the budget reflects the agreement reached by the 5 man City Manager's Committee, which was a flat $40 a month, less any increased insurance costs the City is paying. Mr. McPherson said he would like to express his appreciation to Mr. Brunsell for the time he spent as Acting City Managex, and said that he appreciated the fine �ob Mr. Brunsell has done. Mr. John Johnston, 7381 Northeast Concerto Curve, said he was curious about the Council's position on a new City Planner now that the Planning Commission, who should be aware if one is needed, have turned thumbs down. Maqor Kirkham said he did not think that this was correct. He said there has been some discussion of the sub�ect, but he did not recall that they had recommended ' not hirnng one. Councilman Liebl read part of the Planning Commission's discussion on the sub�ect from their meeting minutes of October 26, 1967. Mayor Kirkham said that he would be a resident employee rather than a consulting firm, and pZanning would not be his only duty. He may act as a planner 100% of the time one day, and on another day, be doing work in some other capacity. Councilman Liebl said that the Council has allowed from $9,000 to $11,000 in the budget for a planner. Mayor Kirkham said that he �"r � _ REGULAR COUNCIL MEETING, NOVEMBER 6, 1967 PAGE 4 would be called a planner. He said he thought the new City Manager could cite ' the usefullness of a Planner as he has had a full time City Planner whose time was well spent in the Engineering Department. Mayor Kirkham said the City Manager could use the planner wherever he saw fit, and this would eliminate the need for hiring a consultant. Councilman Harris said that actually the Sudget �ust programmed in the funds for the position, but this does not obligate the Council to hire a planner. It wi11 be available if such a decision is made at a Later date to fill this position. Councilman Lieb1 said that a Building Inspection Official had been hired this year who could partially take care of this �ob, and he felt the money could be used more wisely someplace el�e. Mr. Gunzburger commended Councilman Liebl for his opinion and said it was time the Council thought of the poor taxpayer. He said that he also thought that the employees should be utilized better. Mayor Kirkham said that he was sure there were some areas that more money be saved, but he said that the mill rate had not been added to, but that taxes had been lowered. Councilman Liebl said he was opposed to a City Planner at this time as the City has effectively demonstrated that it has the land available and the businessmen are coming to the City, so a$9,000 to $11,000 planner is not needed, but he stated he would vote for the budget as a whole. MOTION by Councilman Samueison to Close the Public Hearing on the Mill Levy for the 1968 Budget. Seconded by Councilman Liebl. Upon a voice vote, , there being no nays, Mayor Kirkham declared the Public Hearing closed at 8:27 P.M. (COi1NCILMAN SHERIDAN ARRIVED AT THE MEETING AT 8:30 P, M.) APPOINTMGNT OF CITY MANAGER: Councilman Samuelson said that as the appointment chairman of the City Manager Committee, he would like to say that the committee did a great deal of research and investigation into the applicants that applied for the position, and he would lfke to thank the other members of the committee, Mr. Frank Liebl, Mr. Milton Williams and Mr. Scarborough. He said that out of all the applicants, Mr, Homer R. Ankrnm had been chosen, and he asked Mr. Ankrum to stand. MOTION by Councilman Samuelson to appoint Mr. Homer R. Ankrum the new City Manager of the City of Fridley. Seconded by Councilman Harris. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously. Councilman Lieb1 said that since the Council has hired a new City Manager, Mr. I-Iomer Ankrum, he would like to say a few words. Following is Councilman Liebl's welcome statement to Mr. Ankrum: "Mr. Mayor, ' Since we have hired a new City Manager, Mr. Homer Ankrum, I would like to say a few words. REGULAR COUNCIL MEETING, NOVEMBER 6, 1967 ' In the name of the people in the 3rd Ward, I welcome you to Fridley with the hope and faith that you have a successfull start and provide to the people at City Ha11 courage, patience and foresight in regard to the present and future Administrations. You are the captain of this ship. Run a tight and orderly ship in regard to every deck of local government. May I assure you Sir, you do aot owe any special loyalty or obligation to this Council because A�e have hired you, but I humbly ask you to work with loyalty and dedication for a11 Citizens in Eridley on a bipartisan base, from the standpoint of your office. I hope that you stand and fight for your people at City Hall, but in the same manner, I would like to see that the Taxpayers of our City are treated with courtesy and respect in every way. Welcome to Fridley Mr. Ankxum, and may success and reward be with you for the betterment of our community. The new City Manager thanked Councilman Lieb1. FIRST READING OF AN ORDINANCE ADOPTING THE BUDGET FOR FISCAL YEAR 1968: MOTION by Councilman Aarris to adopt the ordinance upon first reading, waiving the reading. Seconded by Councrlman Samuelson. Upon a roll ca11 vote, Kirkham, Lieb1, Harris, Samuelson, Sheridan voting aye, there being no nays, Mayor Kirkham declared the motion carried unanimously. � SEWER USE CHARGES: Mayor Kirkham said that the Council had wanted a resolution brought back putting the new sewer Tates into effect. Councilman Liebl asked if this would mean that anyone with under 50 units would not get any special consideration. Mayor Kirkham said that this was correct. MOTION by Councilman Liebl that a resolution be prepared for the next regular Council Meeting putting the proposed rate schedule in effect. Seconded by Councilman Sheridan. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried FIRST READING OF ORDINANCE VACATING CHARLES STREET, UNDER SECTION 12.D7 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE• i �� PAGE 5 Councilman Samuelson asked if the City had a11 the dedications that were necessary. The City Engineer showed the Council a map of the street and ad�oining area and explained the access that the City has already acquired, and what they are negotiating to get. Councilman Sheridan asked if the property would revert to one or two property owners if it is vacated. The City Engineer said he would have to check, but he thought it would go to Mr. Minder who has been trying to get the street vacated Councilman Samue:son asked about the Moon Corporation's interast ia this. The City �ngineer said � that they were interested because the zoning requirements ask for a different setback from the street if it is not vacated. Councilman Liebl asked if the City has a large enough interceptor for the sewer, or if there will have to be a larger one. The City Engineer said that there is a minimum lateral, and in time more areas will have to go to NSSSD f� �� REGULAR COUNCIL MEETING, NOVLMBER 6, 1967 PAGE 6 for adequate service, but there is adequate capacity at present. Councilman ' Liebl said that after the pro�ect is completed, he would not want to find out thatthere was not enough capacity and that the streets would have to be torn up. The City Engineer said there would be no problem with the laterals. MOTION by Councilman Sheridan to adopt the Ordinance vacating Charles Street upon first reading, waiving the reading. 5econded by Councilman Liebl. Upon a roll call vote, Kirkham, Liebl, Harris, Samuelson, Sheridan voting aye, there being no nays, Mayor Kirlcham declared the motion carried unanimously. SET DATE FOA INFORMAL HEARING MEETING ON THE PROPOSED AIR POLLUTION ORDINANCE; Councilman Liebl asked where the hearing would be located. Mayor Kirkham assumed it would be in the Council Chambers unless someone felt more space was neeeded. Mayor Kirkham said that the date of December 12th had been suggested because Mr. Hensley and the experts on air pollution control would be able to attend that evening. Councilman Sheridan said that he would like to attend, but that evening was the regular meeting of the NSSSD. The Council discussed a different date and agreed on December 13th. Councilman Liebl said he would like to point out to the press that the Council would like to have this publicized as much as possible so the people wi11 understand the ordinance. Mayor Kirkham said that the reason for holding a public hearing was sa everyone had full understanding of the ordinance. MOTION by Councilman Samuelson to set the date for the informal public ' hearing on the proposed air pollution ordinance for December 13, 1967. Seconded by Councilman Liebl. Councilman Sheridan said he thought aust Mr. Hensley, the experts and the Council were to meet to go over this. He said he could not perceive of the Council meeting with the public without having full understanding first so they would be able to answer questions. Councilman Harris said that the Council would be able to utilize the help of the audience in asking questions. He said he did not feel they could ask the experts to explain it all to the Council and then come back and do it all over again for the public. He suggested they ask Mr. Hensley to come and go over it with the Council before the Public Hearing with the experts. The Council requested that the Admini- stration ask the Health Inspector to meet with the Council prior to the Public Hearing to go over the proposed pollution ordinance. The Council discussed a possible date and agreed December 6, 1967 at 7:30 P.M would be satisfactory. THE VOTE upon the motion setting December 13, 1967 as the public heaxing date was a voice vote, there heing no nays, Mayor Kirkham declared the motion carried. RENEWED AEQUEST FOR LOT SPLIT -=k67-01, MYLO PARKS; Councilman Harris asked why this request was back on the Council agenda. The City Engineer said that previously Mr. Parks has asked for two lot splits ' and the Council had approved only one lot split. He showed the Council the plan and what Mr. Parks is proposing. He explained that Mr. Parks would like to build a Taystee Freeze and wants the 1ot split agai_n. He said that it will meet the zoning requirements as G 2 requirements are not very stringent, Councilman Harris asked why this had not gone to the Plats and Subdivisions Sub-Committee. The City Engineer said that Mr. Parks felt that as this has gone through the Council before, they would �ust reconsider it, but if the REGf.iLAR COUNCIL MEETING, NOVEMBER 6, 1967 �� PAGE 7 ' Council wants it to go back to the Plats and Subdivisions Sub-Committee, it can. The Crty Engineer said that Mr. Parks has the property to build a decent drive-in as he owns both parcels. Councilman Harris said he felt the Council would be setting a bad precedent by granting this lot split. He said that the Subcommittee had been created to handle these things, and that this should be viewed as a new request. MOTION by Councilman Harris that this request be referred to the Plats and Subdivisions Sub-Co�ittee for their consideration if this is the petitioners request. Seconded by Counciiman Sheridan. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. REQUEST FOR MORE POLICE PATROLLING IN MELODY MANO�: Mrs. Bruce Beaman, 7363 Memory Lane Northeast, said that she and some of the other residents of Melody Manor were present at the Council Meeting to bring before the public the fact that there have been five burglaries in Melody Manor recently that are sti11 unsolved, She said that the main thing she wanted was more patrolmen in Melody Manor as patrolling has fallen off. She said that 20 or 25 other people have volunteered this same comment to her, She said that only a few of the other women could be here a1so, but that many of them, whose husbands travel are afraid to stay home alone. Mrs. Beaman said that they have been told it is probably kids from the area. She said she had talked to the Police Investigator and given him the name of a suspect who had been bragging about the burglaries, but � she had received no satisfsction from the Police Departmsnt. She said she had called the Investigator twice, but he had not returned her calls. Mayor Kirkham said he would suggest that this matter be handled by the City Manager and the Police Chief. He said that if they decide any legislative action is needed, the Council wi11 be happy to take care of it. Mrs. Beaman said that none of these burglaries had been publicized and she felt that people should know what is happening. Mr. 7. W. Gassner, 7310 Goncerto Curve said they were not asking for a review, but were asking for more patrolling. Mayor Kirkham asked Chief McCarthy if he would like to make any comments. Chief-McCarthy said he would like to review their records before he commented. FLAG PRESENTATION BY AMERICAN LEGION REPRESENTATIVE: A representative of the American Legion said that it was their �ob to see that a11 of the public bmldings fly the American Flag proudly. He presented a flag that has flown over the Nation's Capital to Pfayor Kirkham. He said that when it �,ears out, they are to be called and the Flag wi11 be replaced immediately. The Council thanked him for the F1ag. ' RECESS: Mayor Kirkham called a brief recess. The Meeting was reconvened at 9;17 P M. r, � �% REGULAR COUNCIL MEETING, NOVEMBER 6, 1967 PLANNING COMMISSION MEETING MINUTES OF OCTOBER 19, 1967: MOTION by Councilman Samuelson to receive and file the Minutes of the Planning Commission Meeting of October 19, 1967. Seconded by Councilman Sheridan. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. PLANNING COMMISSION MEETING MINUTES, OCTOBER 26, 1967: Councilman Liebl read the Planning Commission�s summarization regatding the consideration of a City Planner on the bottom of Page 5 and the top of Page 6 of their minutes, and asked the opinion of the Council in this regard. Mayor Kirkham said that they have been thinking of a man as an assistant to the City Manager who would put him to work in the capacity he sees fit. Council- man Samuelson pointed out that the salary of an assistant has been carried, but the Council has not utilized it. Councilman Liebl said that the figure budgeted for an assistant was $7,000 yearly, and they are anticipating paying a planner $950 a month. Mayor Kirkham said the Council would be allowing enough money to pay up to that amount, but it does not mean that this amount wi11 necessarily be paid. ITEM 1; VACATION REQUEST - SAV ��67-04, HAROLD W. HARRIS, BLOCK 8, ONAWAY VACATE TWO ALLEYS IN BLOCK 8: PAGE 8 The City Engineer showed the Council a map of the requested vacation. He said that this vacation wi11 allow Mr. Harris to meet the setback requirements for two buildings he plans to build, and the City does not need the alleys and they are not maintained. He said there is a ditch on the property and no one seems to know who controls it, but the City could ask for a drainage easement around the ditch. Councilman Samuelson said that this ditch ties in with the effluent coming in from Spring Lake Park. He said the ditch should not run arbitrarily through these lots, and the City should get an easement for the time being. Councilman Samuelson said that if the Council sets,an easement policy on this block, perhaps it should be for the rest of the area also. The City Engineer said that there wi11 have to be hearings on this, and if easements are obtained around the ditch now, tHey could be vacated when the storm sewer goes in. He said that the City does not have control of the ditches and they are trespassing when they have to maintain them. Mayor Kirkham said that they should negotiate for temporary easements and if they have a hearing on vacating the alleys and obtaining easements, it should be for the whole area. MOTION by Councilman Harris to direct the Administration to set a Public Hearing for alleys to be vacated. Seconded by Councilman Samuelson. Upon a voice wte, there beiag no nays, Mayor Kirkham declared the motion carried. ITEM 2: LOT SPLIT REQUEST: LS.ik67-06, GEORGE L. WALQIIIST - OUTLOT ��1, DON ADDITION• The City Engineer handed out maps to the Council showing Outlot 4�1 as it is at present and how Mr. Walquist wants it split. Councilman Liebl asked if the request would 6e in line with the code, The City Engineer said that it would be. The City Engineer said that there were a couple of problems. He , ' ' REGULAR COUNCIL MEETING, NOVEMBER 6, 1967 ' said the City did not actually have an eas�ment for the sanitary sewer that exists, and there should be an easement fox the ditch also. The CouncLl discussed the zoning in this area and said that previously this area had been referred to the Planning Commission questioning whether M-1 zoning would be advisable for this area. The City Engineer suggested that the petitioner could be requested to bring his plans for the 1ot for the Council to review. Councilman Samuelson said he would prefer to have more b�ckground on this. � 1 MOTION by Councilman Liebl to table the 1ot split as requested by George L. Walquist to the next regu].ar Council Meeting. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. MOTION by Councilman Harris to receive and file the Minutes of the Planning Commission Meeting of October 26, 1967, Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Rirkham declared the motion carried. �� �_ PAG� 9 THE MINUTES OF THE PARKS AND RECREATION COMMISSION MEETING OF OCTOBER 23, 1967: MOTION by Councilman Harris to receive the minutes of the Parks and Recreation Meeting of October 23� 1967. Seconded by Councilman Sheridan. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried BUILDING STANDARDS - DESIGN CONTROL SUBCOMMITTE� MEETING OI' OCTOBER 24, 1967: ITEM 1: CT NORTHWEST COR BY IVES BOISVERT, IVES CONSTRUCTION, 80ll QUINCY STREET NORTHEAST, FRIDLEY, MINNESOTA, 55432 (CONTINUED FROM OCTOBER 10, 1967): The City Engineer showed the Council the plans for the building. He said that Mr. Boisvert is proposing to add on a garage t-o park his sanitary trucks. Councilman Harris asked if his property wi11 be fenced in The City �ngineer pointed out that it is fenced already. There was a discussion of the drains and available water because of the refuse in the trucks. Councilman Samuelson said that garbage on the floor of the garage could be a rat he.rborage and there should be water to each bay. MOTION by Councilman Harris to concur with the recommendation of the Building Standards - Design Control Subcommittee and approve the request sub�ect to the restrictions the Subcoaunittee placed for occupancy and that the owner must provide washing facilities for his garage floor. Seconded by Councilman Sheridan. Upon a voice vote, Councilman Samuelson abstaining, Mayor Kirkham declared the motion carried. ITEM 2: CONSIDERATION OF CONSTRUCTION OF WAREHOIISE AND OFFICE AT 3- 77TH WAY NORTHEAST. LOTS 26 THROUGH 31, SLOCK 8, ONAWAY ADDITION. REQUEST BY HAROLD W. IIL�I2RIS, 6210 RIVERVIEW TERRACE, FRIDLEY, MINN�SOTA, 55421: The City Engineer showed the Council the plans. Mr. Harris and his son came to the Council table and explained their plans to the Council. T4r. Harris explained that he planned on using crushed rock in the parking area because some of the trucks are quite heavy, and he felt blacktop in this area would ���1 REGULAR COUNCIL MEETING, NOVEMBER 6, 1967 PAGE 10 settle. Councilman Harris pointed out that accogding to the plans, the � traffic will have to back out into the street There was a long discussion on alternate plans for a driveway and parking area They discussed moving the building to the east for a better parking plan, which would also set the pattern for future buildings in the area. MOTION by Councilman fIarris to concur with the recommendatians of the Building Standards - Design Control Subcommittee and appxove the Building Permit sub�ect to moving the building back to the property line on Lot 32 and providing the Engineering Department with a redrawing on the parking Seconded by Councilman Sheridan Upon a voice vote, Councilman Samuelson abstaining, Mayor Kirlcham declared the motion carried. BOARD OF APPEALS MEETING MINUTES, NOVEMBEA 1, 1967; 1. A REQUEST FOR A VARIANCE FROM SECTION 45.391, CITY CODE OF FRIDLEY, MINNESOTA 1963, REVISED DE��12 31, 1965, BY WAIVER OF REQUIREMENTS OR PROVISIONS RELATING TO THE CONSTRUCTION OF A ONE-FAMILY DWELLING ON THE SOUTH ONE-HALF OF LOT 4, AND ALL OF LOT 5, BLOCK 14, HAMILTON'S ADDITION TO MECIIANICSVILLE, ANOKA COUNTY, MINNESOTA WHICH PROPERTY IS ACTUALLY" A ISSUED TO CONSTR.UCT A 3-FAMILY STRUCTURE AT 5370 - STH STREET NORTHEAST, FRIDLEY, MINNESOTA CERTIFICATE OF SURUE�, DATED AGUSUT 8, 1967 (REQUEST BY WILLIAM MCCLISH, 6549 FRIDLEY STREET NORTHEAST, FRIDLEY, MINNESOTA 55421); Councilman Lieb1 said that this has been before the Council twice already � and the Board of Appeals has tabled this request to ask for the City Attorney's opinion. He said he would like to hear the Attorney's opinion also. The City Attorney said that Mr McClish's attorney has furnished him with records which included the different ownerships and recorded deeds. The City Attorney said he was of the opinion that, based on these record, Mr. McClish did not at any time own the triplex at the same time he owned the south 1/2 of Lot 4, so that he belieaed a permit could be granted as far as any legal questions are concerned. He said it would be up to the Council to decide as a policy matter whether it was better to allow construc- tion on the 60 foot parcel or whether to deny the request, which the Council has the prerogative of doing. " MOTION by Councilman Sheridan to receive the Minutes of the Board of Appeals Meeting of Novem6er 1, 1967. Seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. SET ➢ATE TO MEET WITH THE SCHOOL DISTRICT �k14 BOARD - RE: SCHOOL ON EAST RIVER ROAD: Mayor Kirkham and Councilman Harris had other commitments for the evening that had been suggested for the meeting by the School Board. The Council discussed a date when all the members would be able to attend and agreed on Tuesday, November 28th at 8;00 P M. The City Manager was requested to contact the ' School Board to see if this date was satisfactory, and to suggest that the Ci�y be the host of the meeting. SET POLICY FOA THE USE OF THE COMPIUNITY ROOM: The City Attorney was asked if he recalled the Attorney Generals's ruling i 6;5 " �� _ REGIILAR COUNCIL MEETING, NOVEMBER 6, 1967 PAGE 11 , on the use of the City"s equipment. The City Attorney said he did not recall a11 the details. MOTION by Councilman Samuelson that the City Manager can review the ruling with the City Attorney and-come back-with a kritten suggestion at the next regular Council Meeting.- Seconded by Councilman Harris. Upon a voice vote, there being no nays, Mayor-KiYi�hr�m declared the motion carried. REQUEST FROM THE N.S.S.S.D FOR CIRCUITS ON THE EMERGENCY REPORTING SYST�MS - CITY OF FRIDLEY BUREAU OF FIRE PREVENTION: Councilman Sheridan asked if the NSSSD request for circuits on the Emergency Reporting-System would only be 1% of the total available. Chief Aldrich said that each circuit is 1%, and they are requesting six circuits which would be 6% of the total 100 circuits, Chief Aldrich explained that the system is classed as an emergency system and protected by tariffs set by the Railroad and Warehouse Cotmuission so there wi11 be different line charges for the-NS�'SD. He said the Citp will have to accept the charges and rebill the District, if they-decide to have a service charge. Mayor Rirkham said that the City wishes-to cooperate with NIS�SD in every way, but they would not want there to be a service charge that the taxpayers would have to pay for, Councilman Sarouelson suggested there he an agreement for a service charge of $13.20 per month and that they pick up their own teleghone line charge, Chief Aldrich said the City wi11 have to-accept the charges and rebill than. The City Attorney asked Chief Aldrich if this has all been cleared with the � Railroad and Warehouse Commission-so there wi11 be no problem. Chief Aldrich said that it had not been. The City Attorney suggested a written agreement could be drafted and cleared with the Coffinission and the Telephone Company, and if there is advance approval there should be no problem. There was a discussion of how long NSS'SD would be able to utilize the use of the system before it was needed for the-City's own use. Chief Aldrich said he did not think-all the circuits would be needed for another year, at which time there �nay be-sotaething else available for the District. Councilman Saznuelson-questioned the=possibility of extending the Soard. Chief Aldrich said there may he the possibility of buying in smaller units than 100 circuits, now that the City has the Board. Chief Hughes said that the City pays a rental charge and possi6ly a charge could be worked out on a% basis, MOTION by Councilman 5amuelson that the Northern Sanitary ,�uewer District be allowed to utilize the requested circuits upon signing an agreement approved by the Railroad and Warehouse Commission. Chief Aldrich said--he would pursue getting information and drawing an agreement with the City Attorney,- � Councilman 'Sheridan said he would relay this discussion to the N55(SD and let them know they may only have a year or less, and he wi11 let the City Attorney and Chief know-thetr deeision. - � Mayor Kirkham�said that this could be brought baek at the next regular- Council Meeting of November 20, 1967. �- �._ �,, REGULP.R COUNCIL MEETING, NOVEMBER 6, 1967 ORDINANCE �k376 - EMERGENCY ORDINANCE AMENDING ORDINANCE dk369 ENT PAGE 12 � Chief Aldrich explained that this wi11 be a sma11 change in the wording in Section 4 of Ordinance 369. He recommended that the existing paragraph (a) be deleted and the new wording be inserted in its place, Mayor Kirkham said he felt this constituted an emergency and recommended the Council act on it this evening, MOTION by Councilman Sheridan to adopt Emergency Ordinance �r`376 amending Ordinance �6369, waiving the reading and publish. Seconded by Councilman �amuelson, Upon a ro11 call vote, Kirkham, Liebl, Harris, 5amuelson and Sheridan vota.ng aye, Mayor Kirkham declared the motion carxied unanimously. CON,SIDERATION OF REQUE'ST TO OPERATE A TEEN-AGE CLUB IN THE CITY OF FRIDLEY: Mayor Kirkham said that the Council was not prepared to act_on this this evening, but �aould like to hear the plans.__Mr._Wyman S�nith, Attorney, said that there is no license needed to operate in Fridley, but Mr, and Mrs. Kratoska do not want to bring the franchised �Iullabaloo Club_into �ridley if it is unwelcome. Mr. Kratqska explained that the club would_be in Shorewood Plaza �hopping Center, and the only changes necessary wi11 be partitions,_rest rooms, and a stage �or the band, He said the club was formed with the idea of giving teeaagers a place to go with adequate sup�rvision, He said there would be no alcoholic 6everages and they would hire off-duty_police officers so there would be adequate protection, He said that_once the people exiter they must stay or they cannot return the same evening. There was a discussion about uniformed and non-uniformed Policemen or patrol- men from a private firm. Mr. Kratoska said he would be willing to hire private detective patrp]men if the Council desired. Chief McCarthy pointed out that a policeman is required to be at every dance by State Law, but if he wanted to hire additional men, this would be between the owner and the Council. Mr. Kratoska had some brochures on the Clab which he left for the Council's further information. CONDEMNATION - ICE ARENA - CITY GARAGE LAND: Mayor Kirkham said his opinion was that the Council should concur with the request and ap�oint the City Attorney as counsel to join in defending the award for the ice arena property. Councilman Harris agreed the City should have the protection of our own legal staff. MOTION by Councilman Harris to concur with the request of the Anoka County Attorney and appoint the City Attorney as counsel to �oin in defending the Commissions' award for the taking of the property for the ice arena, ISeconded by Councilman 'Sherxdan. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried, � � ' , ?�; , ' REG ULAR COUNCIL MEETING, NOVEMBER 6, 1967 26 INTERSECTION'S: Yiw:�E/t^l�:aa1��:7���b�I�fU���1►�.7r�C�ltI�J! �l�s��i�9 PAGE 13 The City Attorney said that he had received a letter from Mr. M. Dittmar requesting that the City proceed to acquire the land he owns if it is the intention of the Council, or to release any hold the City may have on it, as he wishes to dispose of the land. The Crty Attorney said he had requested an appraisal and it would be hLS suggestion to offer the amount of the appraisal if the owner desires to deed the land to the City, or proceed with condemnation proceedings. Councilman Harris asked if this could be acquired with State Aid Funds. The City Engineer said there were some funds available which could be used. Councilman_Harris said he considered this_a priority intersection and felt the money should be_utilized here rather than on a street that carries less traffic. The Finance Director said that this could be made a street pro,7ect, and some part of it could be assessed. He said the money could come out of an improvement pro�ect. Councilman ;Sheridan said that this pro,7ect was the same as the one on Mississippi Street and University and he did not think it could be assessed back xo the property owners as it was for the safety of all. Councilman Harris said that the curb and gutter could be assessed, Mayor Kirkham said that as long as a portion of it is assessable, it can be con- sidered a street pro�ect and can be financed in the usual manner. ' The City Attorney said that Mr. Dittmer is in the U, i. Navy, and the man that has spoken for him suggested that Mr. Dittmer be sent a letter with the Council's proposal and a deed for his signature Lf he wants to accept it, aid if not, the fairest way would be to start condemnation proceedings. MOTION by Councilman Harris to request that the Administration write to Mr. Dittmer advising him of the Council's proposal and to seid him a deed to sign if he accepts. Seconded by Councilman �amuelson. Upon a voice vote, there_bei�ng no nays, Mayor Kirkham declared the motion carried. The City Engineer said that there is a minor strip of land 3 feet wide on the side of the gas station for sidewalk which can be acted on now or delayed. Mayor Kirkham said he thought the City should proceed on the whole package. Councilman Samuelson asked if the $500 cost of relocating the flood poles and sign could come under the cost of the pro7ect and be chargeable against the overall sLdewalk program. The City Engineer said it probably could be assessed, but the pro�ect is only in front of the property. Mayor Kirkham said that the Council could also instruct the City Attorney to proceed with the acquisition of the land for the 57th Avenue loop also. The City Engineer said that there is a 40' empty lot next to the DX station which is owned by the Graves Comla ny, and if the Council were interested �n this propexty, now would be the time to negotiate for it before someone else buys it, Councilman ;3hexidan suggested the possibility of moving the loop ' further east to the center line of 4th Street going north. The City Engineer said that this would be going quite a ways over. Councilman Sheridan pointed out that this will give more stacking room on 57th Avaiue, and he felt this was best. �� � „, � REGULAR COUNCIL MEETING, NOVEMBER 6, 1967 PAGE 14 MOTION by Councilman 5heridan to direct the City Attorney to�,proceed with , acquiring comparative costs of the 40 foot strip on 57th Avenue east of - the DX Station or the extension of 4th ,Street and bring them 6ack to the Council. The motion was seconded, and upon a voice vote, there being_no nays� Mayor Kirkham declared the motion carrLed. _ __ _ Councilman Harris asked about the i_mprovement program for �Star Lane. The City Engineer said that the 'State is working on all the intersections and hope they can get them done next year. _ CHANGE ORDER f�E-6: MOT�ON by Councilman Harris to approve Change Order i�E-6 �ated October 17, 1967, for tcao type "D" fixtures for public area_Nn. 30 in the Civic_Center in the amount of $285.00. 5econded by Councilman �amuelson. Upon a voice vote, there being no nays, Maynr Kirkham declared the_motion carried� CHBNGE ORDER i�M-4: Mayor Kirkham said that this was the change order,for duct work that the Council wanted to contanue to negotiate. Counca.lman Liebl said he would , like to see if a compromise could be arrived at to do justice to both parties, Mayor Kirkham said that the cost to make the change_in the duct work_was necessitated by an error in design He said that if this error had not been made, the bid price may not have been as h�,gh� He said that Mr. Smiley had ' admrtted the work had to be done to complete the building. Councilman Samuelson said that the architect had said he would pay half the cost, Councilman Harris said the architect had agreed to pay the whole thing. Mayor Kirkham said that the Administration should try to accomplish this. MOTION by Councilman Harris to refer Change Order �kM-4 in the amount_of $2,145.00 back to the Administration. The mQtion wa� aeconded, a�xd upon a voice vote, there being no nays, Mayor K�rkham declared the mot�on carried. CONSIDERATION OF CLEARING TITLE - LOT 39,-BLOCK "K" R�VERVIEW HEIGHTS ADDITION (526 ELY) - WALBURG: Mr. Walburg was present at the Council Meeting and explained that he was having a problem with Title Insurance Company due to an error in a previous Council Meeting He said that Lot 39 was given to the Gity as-a gi$t, but they needed Lot 43, so they traded Lot 39 for zt. He said this information had been found in the minutes but this was not adequate authority for Title Insurance as the Council discussed it but-did not direct that it be done. He said they would like to receive a-ratification of the action giving Mr. Granger a qurt elaim deed. Councilman Sheridan asked if this deed was registered. Mr. Walburg said that it was. MOTION by Councilman Harris to ratify the action of the previous Council at their Regular Council Meeting of Flarch 5, 1962 and-ratify the execution of ' a quit claim deed given at that time on Lot 39, Block K, Riverivew Heights A�dition, kaown as 526 E1y Street. Seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declared the motio❑ carried. � , ' REGULAR COUNCIL MEETING, NOVEMBER 6, 1967 CONSIDERATION OF LAND ALTERATION PERMIT - CHIES: �� p PAGE 15 Mr. Les Chies was at the Council Meeting and said he wanted to finish leveling his land, but he could not until he had a permit to remove the excess fill. Mayor Kirkham asked the City Engineer if Mr. Chies had complied with all the previous requirements. The City Engineer said he had not. He read the last Council action which stated that Mr. Chies was not to remove any more fill, but was to level the land. Mr. Chies said he could not level the land until he gets more fill out and he is not giving the Council anything more as that would �ust be a duplication of money already spent. He said he wanted a yes or no answer from the Council on whether he could go ahead. There was a long discussion about why Mr. Chies had not finished this when the Council had given an extension before, the unhappy neighbors who had put up with so much, how other land in the area is developing, and if Mr. Chies were given another permit, how long it would take to finish the �ob. Mr. Chies said he wanted some leeway and if the Council would gLVe hLm from the present tLme until next August, he could get it done. Mr. Chies was told that a bond was needed according to our ordinance. The City Attorney said tliat the original bond had never had a release, so it could still be good if the bonding company agreed to an extension, but before the City would 1et Mr. Chies do additional work, there should be something in writing. The City Attorney said that if the bonding company allows an extension, they will want to have a certain date for completion. Councilman Liebl told Mr. Chies he wi11 have to apply for a new application giving a completion date and provide proper bonding in order for the Council to uphold the Ordinances. He said he would also ask him not to make problems for the neighbors. Mayor Kirkham said that Mr. Chies can apply for a land alteration permit, and then the Council can make a determination. EASEMENT REQUEST - GREAT NORTHERN RAILWAY: The City Attorney said he has checked with the Great Northern Railway Company to see if they own the ad�acent property, and was told that they do, He said the quesYions would be whether a road was likely to be put Ln whe�e the easement is located and whether the proposed plan would intr�fer with such a road. The City Engineer showed the Council the map of the platted street. MOTION by Councilman Samuelson to return this easement request to the Admini- stration for further study. Seconded hy Councilman Sheridan. Upon a voice vote, there being no nays, Mayor Kiraham declared the motion carried, yni - u�i�xriiiviivu i�t�r: iv�;���� NORMAL CITY CHARTER TAX LIM � MOTION by Councilman Harris to adopt Resolution �f185-1967. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. RESOLUTION �k186-1967 CERTIFYING TAX LEVY REQUIREMENTS F�R 1968 TO COITNTY OF ANOKA FOR COLLECTION: _ MOTION by Councilman Harris to adopt Resolution �k�$6-1967 Seconded by Councilman Samuelson, Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. ��`� REGULAR CDUNCIL MEETING, NOVEMB�R 6, 1967 RESOLIITION �F187-1967 - PAGE 16 MOTION by Councilman Samuelson to adopt Resolution �k187-1967. Seconded by Councilman Lieb1. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. RESOLUTION ��188-1967 - A RESOLllTION TO ADUERTISE FOR BIDS FOR A TRACTOR AND SNOWPLOW FOR SIDEWALKS: MOTION by Councilman Sheridan to adopt Resolution ;�188-1967. Seconded by Councilman Harris. Upon a voice vote, there �being no nays, Mayor Kirkham declared the motion carried. MOTION by Councilman Harris to request that the Administration develop a policy on the City's obligations for snow removal. Seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. MOTION by Councilman Harris to adopt Resolution ��'189-1967. Seconded by Council- man Sheridan. 1 The Ci�y Engineer said that there were quite a few little industrial plants ' asking for sanitary sewer now that the outlet is available. Councilman Samuelson asked if a study of the interceptor size has been made to made sure it can handle the whole thing. The City Engineer said that this area will eventually be going to the NSSSD. THE VOTE upon the motion was a voice vote, there being no nays, Mayor Kirkham declared the motion carried RESOLUTION ik190-1967 ORDERING PRELIMINARY PLANS ON STREET IMPROVEMENT PROJECT ST 1968-1 AND ST. 1968-2: Councilman Harris said he noticed there were some streets listed without petitions and asked if it had been the determination of the Engineering Department that these streets were needed The City Engineer explained that the Council has discussed the possibility of Ashton Avenue going through, they want 73rd to go in, 69th is going to be torn up with Pro�ect ik88 and the people may decide on a new street at the hearing, rather than patching. He said that 53rd Avenue and 3rd Street are bad streets. He said there are too many streets in the pro�ect, and not enough money to do all the street$, but the Council will be eliminating some of the streets. Councilman Harris said that on 73rd Avenue, the cost of the o1d 73rd Service Road was borne by the developer of the Melody Manor area so he questioned ' whether the new 73rd Avenue could be assessed against the MeLody Manor north area. Councilman Sheridan said there was an Outlot of 1 foot to protect them against this. There was a discussion of whether 73rd can be assessed to the benefitting property on the south side. Mayor Kirkham said that it REGULAR COUNCIL MEETING, NOVEMBER 6, 1967 i s �i PAGE 17 ' is the south half of the road that is being put in, so it wi11 a11 be assessable to the property. The Crty Attorney said that the City can assess them for improvements up to the point where the cost of the assessment exceeds the value of the improvement He said this would be a sub�ective determination to be made by the Cngineers and Appraisers, which the property owner could appeal. He said that the reasoning on this is logical and could be presented as the reason it was done. Councilman Haxris asked if the owner has agreed to give an easemeat for the service road for 73rd Avenue. The City Engineer said they have indicated they would be willing, but there was sti11 time to get it before construction begins. ' MOTION by Councilman Harris to request the Administration contact the State Highway Department and the County to proceed with lettings for the signalization of the corners of 73rd Avenue and 69th Avenue He said there wi11 be a real px�,�blem getting cars out The motion was seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. The Council discussed the possibility of adding Washington Street from 67th Avenue to the new construction in Che pro�ect, but decided to leave it out at present because of a storm sewer problem. MOTION by Councilman Sheridan to adopt Resolution ik190-1967. Seconded by Councilman Lieb1. IIpon a voice vote, there being no nays, Mayor ILirkham declared the motion carried. RESOLUTION #191-1967 - AUTHORIZING THE EXECIITION OF AN AGREEMENT WITH THE BOARD OF WATER COMMISSIONERS OF THE CITY OF ST. PAUL BY TH� CITY OP FRIDLEY CONCERNING A PAYMENT IN LIEU OF STREET ASSESSMENTS; MOTION by Councilman Harri� to adopt Resolution �k191-1967. Seconded by Councilman Sheridan. Upon a voice vote, there being no nays, Mayor Kir<<ham declared the motion carried. CONSIDERATION OF�MINNESOTA TRANSFER RAILWAY COMPANY AGREEMCNT FOR GRANTING A SANITARY SEWER EASEMENT: MOTION by Councilman Samuelson to authorize the signing of the sanitary sewer easement agreement 6etween the Minnesota Transfer Aail�aay Company and the City of Fridley. Seconded by Councilman Sheridan. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. TRAFFIC COUNT ON 68TH PLACE AND LUCIA LANE: The Council studied the traffic count and commented that most of the traffic is generated from the apartment building. The City Engineer compared the figures from this count to traffic counts taken at other locations in the City. , Chief McCarthy said that the problem still remains at 69th Avenue and T.H. ik65. Councilman Harris asked about trying to get a signal light at the corner. Chief McCarthy said he would recommend leaving this street a one- way, but they could try to get sigaals, although he thought the State would feel it was too close to Mississippi Street. i� d' ���n �: REGULAR COUNCIL MEETING, NOVEMSER 6, 1967 PAGE 18 MOTION by Councilman Harris to request the Administration contact the State ' Highway Department and investigate the possibiLity of the signalization of 69th Avenue aad T.H. -0�65. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. MOTION by Councilman Sheridan to receive and file the traffic count. Seconded by Councilman Harris. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. TRAFFIC PATTERN OF THE SUPER AMERICAN CAR WASH AT OSBORNE ROAD AND EAST RIVER ROAD: Councilman Samuelson said that the owner is planning a two stall car wash - one automatic and the o�her self service. He is anticipating the car stacking as shown on the map,where the cars would stack at the service pumps and go through. He said that if there is a problem of stacking, he would consider closing the driveway on Osborne Road. Councilman Samuelson said that the original proposal for stacking was reversed by Council action at the September 18, 1967 Council Meeting, but the owner does not like this because he wants to se11 gas first. MOTION by Councilman Lieb1 to approve the traffic flow pattern as proposed by the owner. Councilman Harris asked if he would shut off the driveway. Councilman Samuelson said he will if he runs into any problems with stacking. The ' City Engineer said he would recommend the Council request that the driveway be closed. MOTION by Councilman Samuelson to amend the motion so that the driveway is left open until problems in stacking arise (as determined by the Police Department), at which time the owner would be required to close the drive- way. The Council discussed this further regarding the possibility of stacking on Osborne Road if the driveway is left open. There was no second to the amendment. Councilman Harris seconded the motion made by Councilman Liebl, as the plan as proposed by the owner showed the driveway closed. Upon a voice vote, Councilman Samuelson abstaining, the motion carried. CLAIMS: MOTION by Councilman Liebl to approve General and Public Utilities Claims 4k13053 through -0k13211 and Liquor Claims -0�1572 through 4�1651 for payment, Seconded by Councilman Samuelson. IIpon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. DOWNING BOX COMMUNICATION - DOOR HEATERS: Mr. Paul Barrow, Plant Manager for the Downing Box Company, was present at ' the Council Meeting and explained that they would Like to install six heaters at the shlpping doors to offset the cold air when the doors are opened. He said that the Minneapolis Code requires duct work, but as they wi11 only be in use when the doors are open, there should be no need for REGDLAR COUNCIL MEETING, NOVEMBER 6, 1967 PAGE 19 ' this. There was a discussion of the type of heaters, how close they were to paper storage, and means of keeping the switch from being tampered with. The City Engineer passed out a 6rochure on the unit. It was decided that the circuit breaker could be put high enough so it would be out of reach ' � MOTION by Councilman Harris to grant the waiver of fresh air-intake ducts based on the proposal before the Council, with the understanding that the switches be mounted so that they cannot be easily tampered with. Seconded by Councilman Lieb1. Upon a voice vote, there being no nays, Mayor Kirlcham declared the motion carried. LICENSES; Councilman Harris asked if negotiations have been completed with the Watson Construction Company on the Onan Building which they are constructing. The City Engineer said that there was no problem on this, as the sewer connections have been figured, and the City should have the check tomarrow. MOTION by Councilman Lieb1 to approve the following licenses; EXCAVATING Grudem Brothers Co. 634 North Prior Ave. St. Paul, Minnesota 551D4 GAS Grudem Brothers Co. 635 North Prior Ave. St. Pau1, Minnesota Nygard Plumbing & Heating Co, 7435 Highway 4k65 Fridley, Minnesota GENERAL CONTRACTOR by: Myhrin K Grudem by: Leo W. Bren by; Nils Nygard A.B.C. Cabinet & Woodwork Mfg. Inc. 10906 Wayzata Blvd. Minnetonka, Minnesota by: Henry Vakac Kermil A. Hi11 Const. Co. 1566 Rhode Island Ave. Minneapolis, Minnesota by: Kermit A. Hill Watson Construction Co. 252 South Plaza Bldg. Minneapolis, Minnesota HEATING Grudem Brothers Co. 635 North Prior Ave. St. Paul, Minnesota by: B. R Park by: Irvin Grudem NEW NEW RENEWAL NEW NEW R�NEWAL NEW k �-� �� � �. >_, REGULAR CDUNCIL MEETING, NOVEMBER 6, 1967 HEATING (Continued) Nygard Plbg. & Heatiag 7435 Highway ��65 Fridley, Minnesota Siegler-Minnesota 106 East Lake Street Minneapolis, Minnesota CIGAAETTE Target Stores, Inc. 755 53rd Avenue N.E. Eridley, Minnesota ICE MACHINE Al's Gulf 7365 East River Road N.E. Fridley, Minnesota SERVICE STATION Bernie's Portable Greasing 5333 University Avenue N E. Pridley, Minnesota by; Ni1s Nygard by; B. J. Mitchel-1 by; Pioneer Vending Company by: A11an L.Wikstrom by: Bernard B. Osborn Mico Independent Oi1 Co 6500 East River Road N.E. Fridley, Minnesota by: Kenneth K. Mix PAGE 20 RENEWAL NEW The motion approving the licenses was seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. ESTIMATES; Councilman Samuelson asked if the work being done by the F. D. Chapman Construction Compan is going a11 right, or if there have been any further problems. The City Engineer said that everything is proceeding fairly good, and that he thought they would make it now that they have the exten- sion. Councilman Harris asked if R. F. Panek Construction Company has ad�usted the letters on the Flag Po1e. The City Engineer said that they will do this, and that this payment was only a partial payment. Council- man Harris asked what portion of the work Hoffman Electxic Company, Inc., has left to complete. The City Engineer said that there was still $1'6,000 worth of work left to finish. MOTION by Councilman Harris to approve the following estimates for payment; Ehlers and Associates, Inc. Financial Consultants Professional Services - Sale and 507 Marquette Ave. Issuance of $1,830,000 Special Minneapolis, Minn. 55402 Assessment Fund Bonds $ 7,575.00 ' � _� ' REGULAR COUNCIL MEETING, NOVEMBER 6, 1967 � Howard LeFevere, Lefler, Hamilton and Pearson Attorneys at Law 2200 First National Bank Building Minneapolis, Minnesota 55402 ' Legal Services - Sale and Issuance of $1,830,OOD Special Assessment Fund Bonds Hoffman Electric Company, Inc. Anoka, Minnesota 55303 Fridley Civic Center - Certificate No. 9 (9-1-67 through 9-30-67) 9-30-67 Northwest Bituminous Co., Inc. P.O. Box 6601 Minneapol�.s, Minnesota 55420 Street Improvement Pro�ect No, 1967-1 (3rd Street) Allied Biacktop Company 3601 48th Avenue Northeast Minneapolis, Minnesota Street Improvement pro�ect No. 1967-10 (Sea1 Coat) according to contract Estimate ��2 (FINAL) Ray Sordan and Sons, Inc. 2701 Second Street North Minneapolis, Minnesota 55411 Estimate ��2 (FINAL) Water Improvement pro�ect No. 75-G (Landscaping), according to contract (Fridley Commons, Filtration PLant, and 1z MG Reservoir) Barton Contracting Co. 1030 - 89th Avenue North Osseo, Minnesota Estimate �k4 (FINAL) Street Improvement Pro�ect No. 1966-5, according to contract (Innsbruck Sth Addition) Plaza Lawn Materials, Inc. 2374 W. County Road D. New Sr�ghton, Minn. 55112 , Estimate ��1 (PARTIAL) for work completed this date for construction of "Planting for Civic Center" according to the contract PAGE 21 $ 1,200 00 $ 5,625 00 $ 411 64 $ 4,888 35 $ 6,872 14 $ 11,792 53 $ 2,454.70 S r� � 3 i:,4 �� REGULAR COUNCIL MEETING, NOVEMBER 6, 1967 R. F. Panek Construction Co. 510 - 13th Avenue Northwest New birhgton, Minnesota 55112 Estimate ��1 (PARTIAL) for work completed this date for construction of Sign and Flag pole according to the contract - Civic Center F. ➢. Chapman Construction Co. & Assoc. Contracting (A �oint venture), 1017 Rhode Island Ave. North Minneapolis, Minnesota 55327 Estimate 4k4 (PARTIAL) Storm Sewer Improvement Pro�ect No. 87, according to contract (Ely and Ruth Street area) PAGE 22 � $ 8,278 35 The motion approving the Estimates was seconded by Councilman Sheridan, and upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. PETITIONS: PETITION �k38-1967: REqUESTING STREET, CURB AND STORM SEWER - 75TH FROM STINSON BOULEVARD TO LAKESIDE ROAD; MOTION by Councilman Harris to receive Petition ik38-1967 and refer it to the Administration for processing. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. HAZARDOUS BUILDING ACTION - DRIVE IN - EAST RIVER ROAD AND MISSISSIPPI PLACE: , ' Councilman Liebl said that the owner of this property has been given a whole year to clean it up, and has done nothing. He said that he has had several calls about rats, and this should go to court or be burned down as it is a hazard The City Attorney said that the Council should approve an order commencing Hazardous Building Actioa which wi11 condemn it for occupancy until it is brought up to code or torn down Councilman Harris asked how long this will take. The City Attorney said that the owner wi11 have 30 days to apply for a building permit if they intend to bring it up to code, and 9D days to complete the construction. If they do not apply within 30 days, theCourt is asked for permission to remove it and assess it to the owner. MOTION by Councilman Harris to direct the City Attorney to file the necessary papers to start condemnation proceedings to have the building removed. The motion was seconded, and upon a voice vote, there being no nays, Mayor Kirkham declared the motion rarried. COMMUNICATIONS- (A) LOCAL UNION ��792: MOTION by Councilman Harris to receive the communication from Local Union ��792 and refer it to the City Manager for negotiations with the proper people. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. � J s �, - ' ' REGULAR COUNCIL MEETING, NOVEMBER 6, 1967 (B) LOCAL UNIONS -0�152 AND i�458: PAGE 23 MOTION by Councilman Harris to receive the communciation from Local Unions t'�152 and ��458 and refer it to the City Manager for negotiations w�th the proper people. Seconded hy Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. (C) PROGRES5 REPORT - S. C. SMILEY, ARCHITECTS: MOTION by Councilman Liebl to receive and file the report dated October 16, 1967 from 5. C. Smiley & Associates. Seconded by Councilman Sher�dan Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. (D) JAYCEES - RE: HELPING HAND PROGRAM: MOTION by Councilman Sheridan to receive and file the communication from the Fridley Jaycees. Seconded by Councilman Li�b1. IIpon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. Councilman Harris said that there are some trees planted in front of the ,Taycee billboard, and he has told them he would advise the Administration and ask that this situation be taken care of. (E) TWIN CITY LINES: BUS ROUTE Councilman Harris said he would be contacting the Railroad and Warehouse Commission on this. MOTION hy Councilman Harris to receive the communication from the Twin City Lines, Inc. Seconded by Councilman Samue7son. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. (F) N.S.S.S.D. - RE: N.S.S,S.D. RESOLUTION -0�17-1967 AND CITY OF FRIDLEY RESOLUTION iF164-1967: Councilman Sheridan said that this letter regards the REC assignment for D. W. Onan Company. Councilman Samuelson asked how many RECs it will be. The City Engineer said figuring 20 gallons per employee and service water, it came to 160 RECs. Councilman Sheridan said that the NSSSD thought that the Onan Company would be tying into their system along the railroad tracks toward 69th Avenue, but he had informed them that it goes into our own line MOTION by Councilman Harris to receive and flle the communication from the North Suburban Sanitary Sewer Distrir_t dated October 25, 1967, Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. (G) FEDERAL LUMBER - REZONING REQUEST ' MOTION by Councilman Samuelson to receive Gnd file the communication from the Federal Lumber Company. Seconded by Couacilman Liebl. Upon a voice vote, there being no nays, Mayor Ku kham declared the motion carried �� l REGi1LAR COUNCIL MEETING, NOVEMBER 6, 1967 FROM PAGE 24 MOTION by Councilman Harris to receive and file the memorandum from the City Engineer. Seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. (I) T470 COMMi7NICATIONS FROM THE STATE OF MINNESOTA HIGHWAY DEPARTMENT REGARDING MAINTENANCE OF FRONTAGE ROADS: The City Engineer explained that the first letter asks the City of Fridley to take over the maintenance of the frontage roads as sndicated on their drawing, and the second letter indicated they would provide service, but not the same amount as before because of the cutback in funds. The City Engineer showed the Council a map of the roads involved. Councilman Harris mentioned that the ditches are only being mowed two lengths back, and the ditches and banks are full of wee'ds, and he said they should be asked to change this policy, or the City wi11 have to provide mowing. Councilman Liebl asked the City Engineer if he had received an answer on the State's policy for the pedestrian crossover bridges. The City Engineer said that every time he calls them, they say "next week". Councilman Samuelson suggested the City Engineer call the State and get the landscaping plans going. MOTION by Councilman Sheridan to receive the two letters from the State of Minnesota Highway ➢epartment dated October 19, 1967 and October 24, 1967. Seconded by Councilman Lieb1. Upon a voice vote, there being no nays, Mayor Kir�eham declared the motion carried. (J) ATTORNEY GENERAL - RE: SUIT: The City Attorney explained that this was a suit being brought for price fixing of chlor-alkali products. He said he had been requested by the Attorney General to send a list of the products purchased by Fridley. He said that it would necessitate Council approval to �oin with them in this suit. He said that it would necessitate Council approval to �oin with them in this suit. He explained that it is a triple damage type suit, and he does not know how much money could be recovered, but if there is no recovery, the maximum it would cost Fridley would be $300. MOTION by Councilman Lieb1 that the City of Fridley participate with the other communities in this chlor-alkali anti-trust suit. Seconded by Councilman Harris. Ilpon a voice vote, there 6eing no nays, Mayor Kirkham declared the motion carried. MEETING WITH NORTHERN STATES POWER COMPANY: Mayor Kirkham said that everyone was not able to attend the meeting as set up for November 8, 1967 so the meeting has been rescheduled for November 13, 1967 at 9:30 P.M., and he asked the City Manager to call and explain. ' , , ' '�] 1 REGULAR COUNCIL MEETING, NOVEPIBER 6, 1967 CANVASS OF VOTES• PAG� 25 The Council discussed a date to meet for the Canvass of Votes aad decided on November 8, 1967 at 4:30 P.M. SANITARY SEWER AND STORM SEWER The City Engineer said that this resolution included some work on 73rd Avenue. MOTION by Councilman Harris to adopt Resolution ��192-1967. Seconded by Councilman Samuelson. ilpon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. ADJOFJRNMENT: There being no further business, Mayor Kirkham declared the Regular Couacil Meeting of November 6, 1967 ad�ourned at 1•00 A.M. Respectfully submitted, �� � �c� �,—!' `(�, � -T /��iz ! l �C- ��^_ ' // Mary Lu Strom Secretary to the Council ������� ,;� 1� i v�vt.� _.,—� Jack 0. Kirkham � MAYOR `-q,1 r, il' A��