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01/15/1968 - 00020485� � � J �A �? THE MINUTES OF THE REGULAR COUNCIL MEETING OF JANUARY 15, 1968 The Regular Council Meeting of Sanuary 15, 1968 was called to order by Mayor Kirkham at 8•14 P M. OPENING CEREMONY: rSayor Kirkham asked everyone to stand and �oin in saging the Pledge of ALlegiance to the F1ag. Father Keefe from St. William's Church gave the InvocatLOn. ROLL CALL MEMBERS PRESENT: Kirkham, LieUl, Harris, Samuelson, Sheridan MEMBERS ABSENT: None ADOPTION OF MINUTES - SPECIAL COUNCIL MEETING OF AECEMBER 28, 1957; MOTION by Councilman Lieb1 to adopt the Minutes of the Special Counc2l Meeting of Decembex 28, 1968 as presented. Seconded by Councilman Samuelson. Upon a voice vote, there beiag no nays, Mayor Kirkham declared the motion carrLed unanzmously. ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF SANUARY 2, 1968: MOTION by Councilman Harris to adopt the Minutes of the Regular Council Meeting of Sanuary 2, 1968 as presented. Seconded by Councilman Sheridan Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously. ADOPTION OF MINUTES - SPECIAL PUBLIC HEARING MEETiNG OP JANUARY 8, 1968: MOTION by Councilman Liebl to adopt Yhe Minut�s of the Spec�.al Public Hearing Council Meetiug of January 8, 1968. Seconded by CounciLman Sheridan. Upon a voice vote, there being no nays, Mayor Kirkham decLared the motion carried unanimously, ADOPTION OF AGENDA: The Council deleted Item 25, "CONSIDERATION OF ORDINANCE ON TAAPPING AND SHOOTING GAME WITHIN THE CITY LIMITS OF FRIDLEY", and added Item 32, ^SUPPL�- MENTARY AGREEMENT WITH FIREMEN'S RELIEF ASSOCIATION" MOTION by Councilman Harris to adopt the Agenda as amended. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously. COMMITTEE, COMMISSION AND BOARD APPOINTMENTS: Mayor KLrkham stated that the Council wished to express their thanks for all the services rendered by a11 the people who have served on the various Commissions and Committees, and said that the members should remember that when they have � `�' ; REGULAR COUNCIL MEETING, JANUARY 15, 1968 PAGE 2 completed a term of office, the Council considers a11 possible candidates for ' that office, and in some cases it may be the Counc.tl's determination to reappoint someone to a committee, or it may be their determinatton to appoint someone else, but in no case should an individual feel their term of office is being terminated by the Council, as the Council appreciates the sexvices done by these individuals who have the interest of the Community at heart. 1. PLATS AND SUBDIVISIONS - STREETS AND UTILITIES, SUB-COMMITTEE OF THE PLANNING COMMISSION: MOTION by Councilman Sheridan to reappoint Mr. Harold Albrecht, 524 - 67th Avenue Northeast, to a three year term on the Plats & Subdivisions - Streets & Ut�lities S¢bcummittee, Seconded by Councilman Harris. Upon a voice vote, there be�ng no nays, Mayor Kix9cham declared the motion carried unanimously 2 BllILDING STANDARDS - DESIGN CONTROL SUBCOMMITTEE OF THE PLANNING COPIl�IISSION: MOTION by Councilman Samuelson to reappoint Mr. Oliver Erickson, 1315 N.E. Hillcrest Drrve, the Chazrmaa of the Building Standards - Design Control Subcommittee, to a one year term on the Subcommittee. Seconded by Council- man Sheridan, ilpon a voice vote, there being no nays, Mayor Kixkham declared the motion carried unanimously. MOTION by Councilman Hartis to reappoint Earl E. Biermann, 7830 A1den Way, Member at Large, to a one year term on the Subcommittee, Seconded by Council- man Samuelson. Upon a voice Vote, there being no nays, Mayor Kirkham declared ' the motion carried unanimously. MOTION by Councilman Samuelson to reappoint Carrol K. Hauge, 645 - 67th Avenue, Member from the lst Ward, to a one year term ott the Subcommittee. Seconded by Councilman Sheridan. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously. MOTION by Councilman Sheridan to reappoint Mr. William R. Tonco, 5925 Hackmann, Member from the 2nd Ward, to a one year term on the Subcommittee. Seconded by Councilman Lieb1. Upon a voice vote, there being no nays, Mayor Kixkham declared the motion carried unanimously. MOTION by Councilman Liebl to reappoint Mr, Richard E. Dittes, 6291 Aiverview Terrace, Member from the 3rd Ward, to a one year term on the Subcommittee. Seconded by Councilman Samuelson Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimouslq. 3. PARKS AtvD RECREATION COMNIISSION; MOTION by Councilman Harris to appoint Mr. Carl G. Larson, 48D Rice Creek Boulevard, to a three year term on the Parks and Recreation Commission to fi11 the expired term of Mr. James Spence Seconded by Councilman Samuelson IIpon a voice vote, Councilman Liebl abstaining, the motion carried. MOTION by Councilman Sheridan to reappoYnt Mr, Thomas Cochran, 1171 Lynde Dr�ve, ' to a three year term on the Parks and Recreation Commission. Seconded by Councilman Liebl. Upon a voice vote, t6ere being no nays, Mayor Kirkham declared the motion carried unanimously. � � � REGIILAR COUNCIL MEETING, .7ANUARY 15, 1968 4. BOARD OF APPEALS PAGE 3 MOTION by Gouncilman Shexidan to appoint Mr. Mike 0'Bannon, 5298 Pillmore Street Northeast, to the vacancy on the Board of Appeals for a three year term. Seconded by Counc7�lman Liebl. Upon a voice vott�, there being no nays, Mayor Kirkham declared the motion carried unanimously 5. POLICE COMMISSION MOTION by Councilman Samuelson to reappoint Mr David W. Larson, 5260 - 3rd Street, who has been sexving a temporary term, to the Police Commission for a three year term. Seconded by Councilman Sheridan Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unammously 6 HUMAN RELATIONS COMMITTEE: Mayor Kirkham said that there are five vacancies on the Human Relations Committee, and these appointments are made by the Mayor, with the concurrence of the Council He said that he would recommend the following people for appointment• Mr. Andrew Kohlan, 236 Rice Creek Boulevard, riember irom the lst Ward, for reappointment to a three year term. Mr. Stephen A. Kachina, 6476 Dellwood ➢rive, member from the 2nd Ward, for the expired term of Mr Thomas Myhra, for a period of Chree years. Mr John R. Ivers, 6271 Trinity Drive, member from the 3rd Ward, for the expired term of M�s. He1en Treuenfels, for a period of three years. Reverend Mark Denyes, 7460 Van Buren No�theast, member at Large for the expired term of Mr. W�11iam Stukas, for a period of three years. Mx. Robert L. Buckley, 54 Locke Lake Road, niember-at-large, for Yeappointment to a three year term. MOTION by Councilman Sheridan to concur with the appointments as recommended by Mayor Kirkham. Seconded by Councilman Samuelson Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously 7. RESOLUTION i�4-1968 DESIGNATING DIRECTOR AND ALTERNATE DIRECTOR TO THE SUBURBAN RATE AUTHORITY: MOTION by Councilman Harris to adopt Resolution t'F�4-1968 designating Council- man Raymond E. Sheridan as a Director of the Suburban Rate Authority, and Councilman Leonard W. Samuelson as tllternate Director for the year 1968 Seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously. f � i, �� 1 REGULAR COUNCIL MEETING, JANIIARY 15, 1968 PAGE 4 8 RESOLUTION TO DESIGNATE COUNCIL REPRESENTATIVE ON NORTH SUBURBAN SANITARY � SEWER DISTRICT BOARD: MOTION by Councilman Samuelson to designate Councilman Harris as Council Representative for the Board of Trustees of the North Suburban Sanitary Sewer District for the year 1968, and designate Councilman Raymond E. Sheridan, alternate member. Mayor Kirkham seconded the mot�on. Councilman Lieb1 challenged the Chair seconding the motion, and saxd that according to Robert's Rules of Order, the Chair cannot second a motion. Mayor Kirkham said that the second can come from any voice. Councilman Liebl sazd he would like the City Attorney to rule on this. The City Attorney stated that he was not a parliamentarian, and would have to take it under advisement to check the Robert's Ru1es of Order. The Council decided to come back to this later after the City Attorney has had a chance to review the rules o� order. 9. INDUSTRTAL DEVELOPMENT COMMISSION: MOTION by Councilman Sheridan to reappoint David 0 Harris as the Council representative on the Industrial Development Commission for one year. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously. 10. MAYOR PRO-TEM: MOTION by Councilman Samuelson to reappoint David 0. Harris as the Mayor Pro � Tem for the coming year, Seconded by Councilman Sherldan. Councilman Liebl asked how this had been handled in the past, and if the Mayor Pro Tem has always been the Councilman At Large. He said that he had been told that it was alternated according to seniority, and if it was in order, he would like to nanmate Raymond Sheridan who is the senior Councilman. Mayor Kirkham said that Councilman Sherxdan had been named Mayor Pro Tem at one time when there was no Councilman at Large, but when there was a Councilman at Large again, it had been changed back, because the Councilman at Large runs aE large from the whole City as the Mayor does. Councilman Lieb1 withdrew his nomination. The vote upon the motion reappointing Councilman Harris as Mayor Pro Tem was a voice vote, there being no nays, Mayor Kirkham dec3ared the motion carried unanimously. 11. COUNCIL SECRETAR.Y: MOTION by Councilman Haxris to appo�nt Mary Lu Strom as Council Secretary. Seconded by Councilman Liebl. Upon a voice vote, thete being no ttays, Mayor Kirkham declared the motion carried unanimously. T.H. �k47 AND 61ST AVENUE INTERSECTION EAST LOOP BACKS, REQUEST BY ST. WILLIAMS CHURCH: Councilman Sheridan drew the Council's attention to the Minutes of the Regular � Counctl Meetina of December 19, 1966, at which time the Councal agreed with the discussed routing of the service drive at the northeast quadrant of University and 61st Avenue, but requested the postponement of final plans until negotiations with St. Williams Parish and the She11 Station were £inalized. REGULAR COUNCIL MEETING, JANUARY 15, 1968 " =� i �;�, � � PAGE 5 � MOTION by Councilman Sheridan that the Council rescind their action of Seutember 5, 1967 which authorized the Administration and Lega1 Depart- ment to start negotiation or condemnation proceedings with regard to property of the Shell Station and St, William's Church He explained that he was making this motion because the action of the Uecember I9, 1966 meeting was not completed, and there had been no negotiations with either of the parties to bring the plans to finalization. Councilman Lieb1 seconded the motion. Councilman Liebl said that he had understood that there was an agreement between the two parties and the City. He said he felt the Church and Shell Company, and also the people with bus�nesses at Moon Plaza, are entitled to a hearing if there is noC going to be access to Moon Plaza He suggested the parties involved be presented with more than one proposal, so the Council and the people could arrive at a sensible and usabLe decision for a11 parties involved. Mayor Kirkham said that when he met with the people from the Shell Station, the operator asked the Council to proceed as the Company wanted to know whether they should proceed with plans to enlarge their station, and he said his meeting with Father Keefe had indicated to him that they would continue to negotiate, but he understood they wanted a determination from the Council on their plans. He said he did not feel there would be anything wrong with more meetings, and that the Council was certainly willing to hold this in abeyance. � Councilman Harris said that perhaps using the word condemnation had been unfortunate, and it would serve the pu�'pose Uetter Co instruct the City Attorney to forget the condemnation on any part of this property until he gets future notice from the Council after continued negotiations. He said the intFnt of the motion had been to deteimine the Council"s pos�tion in tangi6le terms. Councilmaa Sheridan said that xf the motion to rescind the past action passed, his intention had been to propose a committee Ue formed to come up with alternate proposals to bring back to the rest of the Council and Trustees. CounciLman Harrxs suggested that to keep this route open, the City A�torney be instructed to drop the condemnation proceedings rather than rescind the whole action. Mr. Savelkoul, represent�ng St�, Williams Church, said that the concern of the Church and FaCher Keefe was that when the Council took their previous action they more or less shifted the burden of proof on the Church, and if it is left on record, the Church is in a position of having to prove their positioa i_f they oppose what is done, and the Church feels someone should �ustify the action taken He said the Church is willing to sit down and discuss Chis, and for years has been on record opposed to this. He said they would like the action taken off the books, and started again with a clean slate. Councilman Samuelson asked the City Attorney the City's position at this time The CLty Attorney said that � they have discussed the purchase with the Oi1 Company, but have not started coademnation proceedings oa any properties, He said they have all the Lega1 descriptions and maps have Ueen furnished to all ehe Land owners so they wi11 know what the City desires to do. He said they have been advised that the City wouLd like to negotiate fox the xLght-of way to make the changes, and they have 6een told that before any action was taken, it would be discussed further. _ REGULAA COUNCIL MEETING, JANUARY 15, 1968 The VOTE upon the motion to rescind the previous Council action was a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously. Councilman Harris said that a committee should be appointed as suggested by Councilman Shericiun so there is no future communication breakdown, and he said that maybe they could get Mr Kurpius to attend a future meeting, Mayor Kirkham said he would ask Councilman Sheridan, Harris, aad h�mself- to serve on this co¢�mittee to represent the Council, the Czty Engineer and Mr Kurpius if he could make himself avaxlable. He said that these representatives and representatives of the Church could agree on a date at a later time. Councilman Sheridan reminded the Mayor that he was a member of St Williams Parish. The Council felt this was a11 the more reason he should serve on the committee. CORRECTION OF COUNCIL MINUTES - OCTOBER 16, 1967; PAGE 6 MOTION by Councilman Sheridan to correct the typographical error in the minutes of the Regular Council Meeting of October 16, 1967 under the heading, ^CONTINUED LOT SPLIT REQUESS: L.S. �F67-O5, ROBERT DEGARDNER AND RONALD L. WERNER, ATTORNEY• LOTS 52, 53, AND 54, BLOCK E, RIVERVIEW HEIGHTS;", so that the fourth line of the motion wi11 be changed to read, "With Lots 15, 16, and ll over the North 5 feet of the South 25 feet of Lots 52" instead of "South 15 feet". Seconded by Councilman Lieb1. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. T.H. ik47 LOOP BACKS AT 57TH, 61ST AND MISSISSIPPI STREET, REPORT FROM THE MINNESOTA HIGHWAY DEPARTMENT: Mr. Kurpius from the Minnesota Highway Department was present at the Council Meeting and reviewed the Highway Department's evaluated position on the loopback designs. He said that they know pretty we11 where they stand on 61st Avenue. He said that the Department has indicated that a slip ramp at Moon PZaza was not facilitated, because of the differeace in grade, and moving it farther south would not work because it would be too close to the intersection, and because of the Department's stipula- tion that it must be on a one-way street, so they feel the frontage road should be Z-way. Councilman Harris said that the Ioop around seems less important if T.H. ik47 does not have a slip-off ramp, and the business at Moon Plaza will suffer because of the ittconvenience. They discussed the median strip that will eventually go in on 61st Avenue. Councilmaa Harris asked if the Highway Department could suggest any alternative loration for a slip-off xamp. Mr. Izurpius said that they had no other alternative, and in the event it was discussed at 57th Avenue, the same stipulation would be made, that rt would have to be onto a one-way street, or perhaps the whole frontage road could be detached. Mr k.urpius said that they were prethy we11 set un Star Lane. The design is done, a 36 foot street has been agreed upon, and he understands the City is building sidewalks on the left side of the street. � � � REGULAR COUNCIL MEETING, JANUARY 15, 1968 1 i` 1 _ � !� PAGE 7 � The City Attorney asked about the State's general policy in regard to the right-of-way that formally was part of the service road. Mr. Izurpius said that if there is any chance of the street becoming an interchange area, the right-of-way is not turned back, as the State would have to repurchase it, but on other roads, it is turned back to the original owners, and sometimes there are many complications in finding the original owner. Mr. Kurpius said that on 57th Avenue, the State has indicated that the Council's original proposal of a one-way was contrary Co procedure, and they have no clear decision on the Council's desires. The City Attorney said that this is an item of new business on Che agenda, The Couacil decided to take the next item up at this time, as there are two alternatives for the Council to discuss. CONSIDERATION OF APPRAISALS - LOTS 4, 8 AND 9, BLOCK 6, CITY VIEW ADDITION: The City Engineer said that the City Attorney had been authori�ed to seart negotiations, and had received the appraisals on the two discussed propertl.es. He gave the price of Lot 4 as $2,150 and on Lots 8 and 9 as $4,500. Councilman Harris asked Mr. Kurpius if there would be better traffic control if the road ran straight. Mr Kurpius said yes, 4th Street extended would be best. The Council discussed the fact that 4th Street extended would make � better use of the exLSting streets, that 57th was a dedicated roadway, and if 4th Street is extended another 120 feet, there will be a better traffic program. Mr. Kurpius said that the State will go 30' of the roadway, and the Gity will do everything. Gouncilman Harris suggested that the State Highway Department be given the Legal descriptions, and they can send the City a letter of concurrence so the CLty knows the State can utilize ie, and then Che prt,perty owners can be notified MOTION by Councilman Harris to raquest that the Administration send the legal descriptiott of Lots 8 and 4, Block 6, City View Addition and all pertinent information to the State of Minnesota Hxghway Department to get the State`s approval of the property as a road pattern and commitment to participate before the property is purchased Seconded by Council- man Samuelson. IIpon a voice vote, there Ueing no nays, Mayor Kirkham declared the motion carried unanimously. RECESS: Mayor Kirkham declared a recess of the Council Meeting The Meeting was reconvened at 9:55 P.M. RESOLUTION -0k5-1968 - DESIGNATING AND APPOINTING A REPRESENTATIVP, FOR TIIE BOARD OF TRIISTSES OF THE NORTH SIIBi1RBAN SANITARY SEWER DISTRICT FOR THE YEAR 1968; � Th�s had been discussed earlier in the meering and was delayed until this time. Councilman Samuelson stated that he was wiChdrawxng his prevlous motion appointing David D. Harris representative to the North Suburban Sanitary Sewer District and Raymond E. Sheridan alternate member, I TPji1 REGULAR COUNCIL MEETING, JANUARY 15, 1968 PAGE 8 MOTION by Councilman Sheridan to adopt Resolution �k5-1968, deleting the � last paragraph appointing an alternate to the District, and inserting the name of David 0. Harris as the Fridley representative for the Board of Trustees of the North Suburban Sanitary Sewer District for the year 1968. Seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayox Kirkham declared the motion carried unanimously. CONSIDERATION OF AN ORDINANCE AMENDING ORDINANCE N0. 372 - REGULATING AND LICENSING FOOD �STABLISHMENTS AND FODD VENDING MACHINES AND PROVIDING A PENALTY FOR VIOT.ATIONS THEREOF: The City Attorney explained that this ordinance will amend the ordinance as it was adopted to solve some problems that arose in administering it. He said that it will a11ow the prorating of licenses and makes the expiration date the 30th day of April which will be in Line with the rest of the licenses. There was a short discussion of the type of catering servlces bezng licensed, and on iood vending machines. The City Attorney said that this ordinance has originally been recommended by the Health Inspector and had been worked from a model ordinance. MOTION by Councilman Harris that the Ordinance Amending Ordinance No. 372 be accepted upon first reading, waiving the reading. Seconded by Council- man Samuelson, Upon a ro11 ca11 vote, Kirkham, Liebl, Harris, Samuelson, Sheridan voting aye, Mayor Kirkham declared the motion carried unanimously. CONSIDERATION OF ORDINANCE AMENDING SECTION 56.08 (SITBDIVISION N0. 1) ' GOVERNING REGULATIONS OF THE �RECTION OF SIGNS AND BILLBOP.RDS WITHIN THE CITY Oi' FAIDLEY: The City Attorney said that this amendment wi11 correct an inconsistency in the present ordinance. Councilman Harris questioned whether Item B, which reads, "Number -One only on any lot" should be amended to add, " and/or one structure", He said that 3 or 4 40 foot lots could be tied together with an apartment building on them, and they may feel they could have une sign for each 1ot. Mayor Kirkham suggested that the ordinance could be passed on first reading, and the City ACtorney could work out the woxding for the second reading. MOTION by Councilman Samuelson to accept the Ordinance amending Section 56.08 upon first reading, waiving the reading. Seconded by Councilman Harris. Upon a roll call vote, Kirkham, Lieb1, Harris, Samuelson, Sheridan voting aye, Mayor Kirkham declared the motzon carried unanimously. The City Engineer said that he had brought the problem of signs in a shopping area to the City Manager about 7 months ago. He said there may be 10 businesses and they all want signs near the roadway, and there should be some directive on which way the Council feels this should proceed. He said also that St. Paul and Minneapolis are in the process of restricting billboards and this may be the time to be more restrictive in billboards, as they are not an asset to the City. He said that we have aLro ut 40 bill- , boards in the City already. Councilman Harris said thaC a resident of the City who works for the State had discussed this with him and would like to see the City consider a restrictive ordinance regarding signs and would be willing to he1p. He said he would give the City Engineer his name. The City Engineer said they would prepare some proposals for the Council. REGULAR COUNCIL MEETING, SANUARY 15, 1968 wi � j, �` PAGE 9 � RESOLUTION �k6-1968 AUTHORIZING AND DIRECTING THE SPLITTING OF SPECIAL ASSESSMENTS ON PARCET� 1980, PART OF LOTS 12 AND 25, AUDITOR'S SUBDIVISION ik23� MOTION by Councilman Harris to adopt Resolution ��6-1968. Seconded by Council- man Samuelson. IIpon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously. RESOLUTION 4�7-1968 - AUTHORIZING AND DIRECTING TlIE SPLITTING OF SPECIAL ASSESSMENTS ON PARCEZ 1020, PART OF LOTS 8, 9, AND 10, AUDITOR'S SUBDIVISLON ��155, AND PARCEL 1050, PART OF LOT 8, AUDITOR'S SLBDIVISION �'k155• MOTION by Councxlman Sheridan to adopt Resolution �k7-1968. Seconded by Council- man Liebl. Upon a voice vote, there being no nays, Mayor Ilirkham declared the motion carried unanimously. �r�8-1968 - ABATING A PORTION OF THC ASSESSMENTS FOR THE 1966-1 STREET ON LOT 18 MOTION by Councilman Harris to concur with the decision of the Council at the Council Meeting of Sanuary 2, 1968 and adopt Resolution �k8-1968. Seconded by Councilman Sheridan. Upon a voice vote, there being no nays, Mayor IZirkham declared the motion carried unanimously. THE MINUTES OF THE BOARD OF APPEALS MEETING - 7ANUARY 10, 1968: � The City Engineer said that the Minutes of the Board of Appeals do not actually require Council action, only receiving the Minute:s,but there is one item that has been considered and denied by the Board of Appeals so many times, Mr Ratley would Like to get Council concurrence of a new proposal he has brought in• 1. A REQUEST FOR A VARIANCE TO PERMIT CONSTRUCTION OF A SINGLE PAMILY RESIDENCE ON THE EAST HALF OF LOTS 13, 14, AND 15, BLOCK 16, HAMILTON'� ADDITION TO MECHANICSVILLE. REQUESTED BY ORVILLE RATI.EY, 2857 CENTERVILLE ROAD, ST. PAUL MINNESOTA: The CLty Engineer said that the offset of the house does not conform to the aeigh6orhood, and there has 6een difficulty finding a solution He said that it does not meet a11 the requirements, as the property was not platted as it is, but was split this way Mr. Ratley came to the Council table and showed the Council the plans of the house. There was a long discussion about the way the house could be lined up, removing the present structure, the home owner accepting the additional sewer chaxges, blacktopping the drive, and an agreement that the present structure wi11 be Corn down by a certain time limit. The Council seudied an aerial photo map of the area. Mr. Ratley agreed to the stipulations the Council discussed MOTION by Councilman Sheridan to permit Mr. Orville Ratley to construct a single family resideace on the easterly ha1P of Lots 13, 14, �nd 15, B1ock 16, � Hamilton's Addition to Mechanicsville, to be faced east with a 35 foot ��uth yard setback aad a 35 foot fxont yard setback with the stLpulation that the property owner agrees to pay the sewer coanection charge for the houUe, is willing to sign an agreement that by the lst of June, 1971 the present structure on the property will be abated and removed, and that the new house t C, , 1 ��' _ REGULAR COUNCIL ME�TING, .TANUARY 15, 1968 PAGE 10 will have a two car attached garage, and a paved driveway. Seconded by � Councilman Samuelson. IIpon a voice vote, there being no aays, Mayor Kirkham declared the motion carried unanimously MOTION by Councilman Harris to receive the remainder of the Board of Appeals Meeting Minutes of January 10, 1968. Secoaded by Councilman Samuelson. Upon a voice vote, there being no nays, Maqor Kirkham declared the motion carried unanimously. PLANNING COMMISSION MEETING MINUTES, JANUARY 11, 1968: -07 FftED YESNES. EAST 273 FEET OF SUBDIVISION ��129• The City Engineer explaiaed that Mr. Yesnes wants his property split into three lots. He said that the Planning Commission had recommended that the lots be 99 feet, 99 feet, and 75 feet, rather than the 100 feet, 100 feet, and 71 feet, as they thought it would be better to have all the lots standard lots, although there would be a side yard variance for an existing dwelling at 9 feet instead of the required ten feet. MOTION by Councilman Lieb1 to concur with the recommendation of the pLanning Commission and approve Lot Split Request L.S. ��67-07 for Mr. Yesnes, of the East 273 feet of Auditor's Subdivision �k129, in accordance with the surveys provided, Seconded by Councilman Samuelson for discussion. Councilman Samuelson said that this would be the time to get the property ' utility easements along the rear of the property. The City Engineer said that this was a good idea, and there also wi11 be additional connection charges for sewer service. ANIENDMENT to the MOTION by Councilman Samuel5on that the necessary utility easements be given to the City Engineer for recording and that the owner be informed that the sewer connections will be charged against the three lots when they are hooked up to the facilities, Seconded by Councilman Sheridan, IIpon a voice vote, there being no nays, Mayor Kirkham declared the amendment to the motion carried unanimously The VOTE upon the MOTION was a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously PIOTION by Councilman Harris to receive and file the remainder of the Planning Commission Minutes of January 11, 1968. Seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously. FRIDLEY INDUSTRIAL DEVELOFMENT COMMISSION MEETING MINUTES, DECEMBER 7, 1967; MOTION by Councilman Sheridan to receive and file the Minutes of the Fridley Industrial Development Commission Meeting of December 7, 1967. Seconded by ' Councilman Samuelson Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously. � � �J AEGULAR COUNCIL MEETING, JANUARY 15, 1968 RESOLUTION ��9-1968 - TO ADVERTISE FOR BIDS FOR TWO POLICE CARS: , ", 'r 1 , PAGE 11 Councilman Harris asked about the joint acquisition system for purchasing police cars. The City Manage: saLd th�k ChiAf McCarthy and he had met with Columbia Heights and Spring Lake Park, and they agree faixly weil with Spring Lake Park, but there is quite a bit of difference between the specifications for Columbia Heights and Fridley. He said that Columbia Heights does not require cars with as much weight, speed, pickup, or equipment, and they had decided they could not get together until possibly the neat purchase, and in the meantime the Chiefs of Police and Administration would get together and come up with a common set of specificatLOns. He said they could possibly get 3 or 4 communities with like specifications. Mayor Kirkham suggested we would have more in common with Blaine and Coon Rapids. Councilman Ha�tris asked if the o1d cars wi11 be traded in as the other vehlcles have heen. The City Manager said that there had been a discussion of transferxing one of the cars to the Engineering Department, and bids could be taken with or without trade-in, which would give the departments time for additional discussion, and they can see what kind of a bargain they are getting with or without a trade-in. MOTION by Councilman Harris to adopt Resolution �k9-1968 to advertise for bids for two new Police Cars with the stipulation that the hid instructions request bids with and without trade-in. Seconded by Councilman Samuelson Upon a voice vote, there being no nays, Mayor Kirkham declaxed the moCion carried unanimously. REAL ESTATE OPTION CONTRACT WITH ING T. SIVERTS, JR, AND GRETA SEAN SIVERTS: 1. RESOLiTT20N �r`LO-1968 2. RESOLUTION ��L1-1968 REAL ESTATE OPTION CONTRACT WITH ING T. SIVERTS. JR AND GRETA The City Attorney said that the Council would recall that this had been discussed prevvously, and the Council had authorized the City Attorney to enter into options with Mr. Fontaine and Mr. Siverts. He said that since that t�me the Fontaine property has been purchased, and the Siver�s p�operty had not been available until this time because ot the necessity of getting a release from the mortgage holder and surveys. He said that Mr, Siverts is now willing to enter into the option as proposed, and the City has agreed to share a portion of the cost of surveying to locate the boundary line. MOTION by CounciLman Harris to adopt Resolution ir`10-1968 transferring funds The motion was seconded, and upon a voice vote, there being no nays, Mayor Kirkham decLared the motion carried unanimously. The City Attorney said that the option is for $250, and wi11 give the City up to 90 days to decide if they want to exercise it. Councilman Samuelson asked if the legal descriptioa followed a contoux line The City Attorney said that they found this unworkabLe, and had used a metes and bounds des- cription that follows the contour line generally. MOTION by Councilman Harris to adopt Resolution �'�11-1968 authorizing the Mayor and City Manager to execute the option contract with Mr. and Mrs. Ing. T. Siverts, Jr. The motion was seconded, and upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimousLy k. �� I� � REGULAR COUNCIL MEETING, JANIIARY 15, 1968 F THE COSTS THEREOF:_ STREET IMP The City Engineer said that some right-of-way has to be acquired to put in the sewer and water and some storm sewer (which wi11 be cheaper to put in with the sanitary sewer) and some of the costs should be assigned to the street pro�ect otherwise it will all go to the sewer pro�ect. He said that this area will develop soon, and if the property owners want the street, it will go in this year or next year, and probably would be assessed in 1969. The C�tq Attorney said that as a practical matter, he would like direction £rom the Council before he attempted to acquire right-of-way, rather than acquire the 41 parcels or so of right-of-way of one kind or another that will have to be acquired, and then find out the project is not going through because the people do not want it. The City EngineeY said they will need the right-of-ways for the sewer and water anyway He listed the few extra properties they have to acquire. MOTIOPf by Councilman Samuelson to adopt Resolution ��12-196&. Seconded hy Councilman Sheridan. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously. PAGE 12 5 � RESOLUTION 4k13-1968 - RECEIVING THE PRELIMINARY REPORT AND CALLING A PUBLIC HEARING ON THE MATTER OF THE CONSTRIICTION OF CERTAIN IMPROVEMENTS - STREET IMPROVEMENT PROJECT ST. I968-1 (ADDENDUM i�1): The Council changed the date of the Public Hearing from February 12, 1968 � to February 13, 1968 as February 12th is Lincoln's bzrthday and a holiday. MOTION by Councilman Harris to adopt Resolution �'�13-1968. Semnded by Councilman Sheridan. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. REVIEW AND APPROVAL DF NEW COrISULTING ENGINEER'S CONTRACT: Councilman Harris stated that he had reviewed the contract and thought it was a much more workable contract, and commended the City Engineer and City Manager for coming up with the contract which he felt provides controls that the Council did not have before. He said that it describes the responsibility of work, includes all mzscellaneous items, and everything is outlined iato a basic fee. The City Engineer said that there have been cases where the Engineer has been held 1iable for the mis�akes of the contractor, and he suggested a paragraph, which he read aloud, be added to the contract. Ae suggested the contract be approved sub�ect to a thorough review by the City Attorney MOTION by Councilman Harris to approve the contract with the addition as suggested by the City Engineer, sub�ect to a thorough review by the City Attorney. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the mot�on catried. � USE OF M,S,A. FUNDS FOR ST. 1968-2; The Crty Engzneer explained that the Council has designated more State Aid Streets than the funds available. He said there is approximately $80,000 available for the City's use for construction of State Aid Streets, and if REGULAR COUNCIL MEETING, 7ANUARY 15, 1968 � the Council wants to proceed with all the streets in the program, he recommended that the Council only request money for 73rd Avenue and 53rd Avenue, and use the MSAS revolving account for the difference. He said that this wi11 keep the needs up. Mayor Kirkham asked if part of the pro,7ect would be finished this year, and part of it next yeax The City Engineer sald that the pro�ects w arld be finished, and the designation removed and put somewheze else to keep the needs up The Finance Director said that the more streets that are put in the more the allotment goes down and the City would not get as much money as if they drew the maximum on each street. The Council suggested that the Pinance Director and City EngLneer get together and discuss the best way to do thls and bring it back at the next Council Meeting. MOTION Uy Councilman Liebl to table the decision on the use of the M.S.A Funds for ST. 1968-2 until the next Regular Council Meeting of February 5, 1968. Seconded by Councilman Samuelson Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously. APPROVAL OF EUTURE QUALITY OF WATER SUPPLY AND AIITHORIZING PREPARATION OF A REPORT FOR LOCATION OF FUTURE WELLS; ,�, a, � > _�_ PAG� 13 Councilman Harris said that he un3erstood that this was to be discussed further wiLh the Consulting Engineer before it was brought back on the agenda. The Council agreed this should be tabled until the Council is ready to bring it back. � MOTION by Councilman Harris to table this item until the lst Regular Council Meeting 7.n March Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously. RECEIVING PRELIMINARY REPORT FOR STORM SEWER IMPROVEMENT PROJECT NO 88, ADDENDUM ��2; The City Engineer suggested that the Council receive this report and discuss it at the next meeting after they have had a chance to review it. The Consulting Engineer said that there are two plans in the report, Plan A which goes beyond the petitioned improvement, and Plan B which Ls as it was petitioned. MOTION bp Couacilman Harris to receive the Preliminary report £or SS�k88, Addendum 9k2, and bring it back at the next Regular Council Meeting, Seconded by Councilman Samuelson Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously RESOLIITION �k14-1968 - AMENDING RESOLUTION N0. 5- 1967 ENTITLED "E WORKING CONDITIONS, WAGES AND HOURS FOR EMPLOYEP�S EMPLOYED BY THE LIOUOR STORE (OFF SALE)": MOTION by Councilman Samuelson to adopt Resolution 4�14-1968 as submitted by , the City Manager. Seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayo�r Kirkham declared the motion carried unanimously ��. J % �. ��� �d REGUtAR COIINCIL MEETING, JANUARY 15, 196$ PAGE 14 EONSIDERATION OF APPROVAL OF NEGDTIATIONS FOR EMPLOYEES EMPLDYED SY THE ' MUNICIPAL LIQUOR STORE (ON-SAI.C): MOTION by Councilman Sheridan to approve the terms and authorize the City Manager to make aa offer based on the resolution. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motioa carried unanimously. CONSIDERATION OF INSTALLATION OF NEW STREET LIGHTS NEAR SCfl00L BUS STOPS; The City Manager said that a map had been made up denoting the school bus _ stops, the Police had checked the areas, and Mr. Hedren, Director of Business Affairs for School District �k14, had concurred with the study Councilman Harris stated that he was giad to see the report 6efore them, because the City has to assume responsibility with the schools for the childrens safety. The City Manager said that the location listed as Midblock on Altura Road should be midblock on the 5300 block and midblock on the 54D0 block of Altura Road, and alsothe service road entrance to the nursing home should be added to the list. These additions were made to the list MOTION by CounciLman Harris to concur with the installation of new street lights as listed in the agenda Seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously. The City Attorney-asked if the City Manager had received a request for a ' street light from Spring Lake Park because their C1erk had asked him about it The City Manager said they had requested a light across the road from the liquor store, The Council discussed the appropriate location, and whether Spring Lake Park should check with the Minnesota Highway Department because �t would be their right-of-way, and i£ they could get the land, Fridley possibLy could install a light. They also discussed the possibility of a light in the median, or if this wi11 confuse people into th�nking there is a crossover. Councilman Harris suggested that the Administration could work something out. Councilman Sheridan said they were not refusing the light, but taking a second look at it. CLAIMS: MOTION by Councilman Samuelson to approve for ga3�ment General Claims ��13912 through 9k14017 and Liquor Claims j�1809 through �k1869. Seconded by Council- man Liebl. IIpon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimourtly. LICENSES : A Cafe License for McDonald's Hamburger Drive-in on T.H. ��'47 requested by James Zein was added to the list of licenses before the Council. MOTION by Councilman Harris to approve the License for McDonald's Hamburger , Drive-in subject to the Inspection Department and Health Inspector's final approval, and approve the following licenses: REGULAR COUNCIL MEETING, JANUARY 15, 1968 CAFE ' NEW Fridley Foods, Inc. - Mc➢onald's 5831 University Ave. N.E. Fridley, Minnesota NEW Frontier Cafe 7373 Central Avenue N.E. Fridley, Minneso�a CIGAAETTE NEW Frontier Cafe 7373 Central Ave N E. Fridley, Minnesota OFF SALE NEW In 'n` Out Food Market 7444 E. River Road Fridley, Minnesota CSGARETTE ' NEW I❑ 'n' Out Food Market 7449 E. RLVer Road Fridley, Minnesota CONTRACTOR'S LICENSES GAS SERVICES E S. P. Inc. 511 West 7th Street St. paul, Minnesota L.�.I Harris BroChers Plumbing Company 217 West Lake Street Minneapolis, Minnesota HEATSNG Harris Brothers Plumbing Co. 217 West Lake Street Minneapolis, Minnesota MASONRY Bendiske Masonry 825 Lincoln Streec Anoka, Minnesota BY James D. 7ien Marlene Povlitzkx Marlene Povlitzkz K. J Nelson K. S Nelson ,Tames E. Ethier Mi�r-s Quig]ey Lloyd A Harris Arthur Bendiske '�� � _t) �!� � PAGE 15 APPROVED BY Sub�ect to final approval by Inspection Dept. Health Inspector Health Inspector Police Department Police Department Health Inspector Police Department RENEWAL R�NEWAL RE?�TEWAL NEW The motion was seconded by Councilman Sheridan. IIpon a voice vote, there beiag no nays, Mayor Kirkham declared the motion carried unanimously � k��i . Y� REGULAR COUNCIL MEETING, JANUARY 15, 1968 LSTIMATES; MOTION by Councilman Harris to approve the following estimates; Comstock and Davis, Inc. Consulting Engineers I446 County Road 11J'! Minneapolis, Minnesota, 55432 For the Furnishing of Resident Inspection and Resident Supervision for the staking out of the Construction work for: Estimate �k9 - Water, Sewer, & Storm Sewer Improvement Pro�ect No. 84 from Decem6er 4, 1967 through December 30, 1967 (Baker Avenue between Osborne Road & 75th extended east, Onondaga taetween Central and Stinson, Etc.) Estimate ik11 - Sewer, Water, & Storm Sewer Improvement Pro�ect �k79 from December 4, 1967 through December 30, 1967 (Commerce Park, Swanstrom Court, etc.} $237.50 $ 47.50 The Motion was seconded by Councilman Sheridan. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried uttanimously. APPOINTMENTS • MOTION by Councilman Samuelson to concur with the recommendation of the City Manager and approve the following appoxntment; NAME Joseph P. Jucick 5333 Irving Avenue North Brooklyn Center, Minnesota POSITION SALARY Custodian $375.00 Bar 33 & per Month Store 3 for 30 days $400.00 per month thereafter REPLACES Irwin Christianson PAGE 16 The motion was seconded by Councilman Sheridan. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously. COMMUNICATIONS (A) MINNESOTA HIGHWAY DP�PARTMENT; BOAT ACCESS TO MISSISSIPPI RIVER: The City Attorney said that Mr. Manley, from the Right-of-Way Sectioa of the Minnesota Highway Department had suggested that this matter be referred to the Conservation Department because he thought they were working with Broo[tlyn Center to establish a boat access on the Mississippi River almost across from the location the C�ty is talking about. Councilman Harris said ' 1 �I REGULAR COUNCIL MEETING, JANUARY 15, 1968 � that this may be the time to pursue this further, rather than �ust requesting an emergency access,because of the park bond issue coming up The City Engineer said that they have contacted the Conservation Department and besides the request for the emergency access, had requested pubLic access if possible, and they had said no. He said the State Conservation Department and State Highway Department had shown interest but it had aot progressed anywhere, but if the bond issue goes through, the CiCy would have to acquire access from the FMC which owns the land, and get pexmission from the conservation department, but he did not feel this should be much of a problem when the City was ready. Councllman Sheridan said that if the Conservation Department was building a boat landing on the west side, the City would probably only want an emergency type of landing on our side Councilman Samuelso❑ suggested that the City should have 4 or 5 sites along the river for emergency landings. He said that this could probably be handled through easement agreements with the land owners The City Engineer pointed out several sites that the City had access to along the river at this time. MOTION by Councilman Sheridan to receive the correspondence from the State Highway Department dated January 8, 1968. Seconded Uy Councilman Samuelson Upon a voice vote, there being no nays, Mayor RLrkham declared the motion carried unanimously POLICE CAR BIDS: � zf was drawn to the Council's attention that the Resolution calling for bids on the two police cars had to have the date filled in when the bids would be opened, MOTION by Councilman Sheridan to insert the date of February 5, 1968 as the date of the bad opening for the two police caxs. The mation was seconded, and upon a voice vote, there being no nays, May�,r Kir::ham declared the motion carried unanimously. SUPPLEMENTARY AGREEMENT ESTABLISHING THE INTEREST RATE WITH THE FIR�MEN'S RELIEF ASSOCIATION: Mayor Kirkham said that the Council had discussed this and had already agreed to it, this would be ratifying and confirming the Council's decision. , ,- �,�a� ,_ ��, PAGE 17 MOTION by Councilman Samuelson to authorize the Playor and Cxty Manager to sign the agreement with the Firemen's Relief Association. Seconded by Councilman Sheridan. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously. ADJOi1RNMENT • MOTION by Councilman Liebl, seconded, that the meeting be ad�ourned Upon a voice vote, there being no nays, Mayor Kirkham declared the ReguLar Council , Meeting of ,Tanuary 15, 1968 ad�ourned at 11:40 P.M. Respectfully submitted, ( � � � i ���G�i�� �UC� �P��^�, � � ` ' / � l � G�� ' ; �t ��� < c% Mary Lu trom Sack 0 Kirkham � Secretary to the Council , Mp,ypg