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02/05/1968 - 00020466i� „ �� °J THE MINUTES OF THE REGULAR COUNCIL MEETING OF FEBR[IARY 5, 1968 � The Regular Council Meeting of Fe6ruary 5, 1968 was called to order by Mayox Kirkham at 8•17 P.M. OPENING CEREMONY• S�Iayar Kirkham asked everyone to stand and �oin in saying the Pledge of Allegiance to the Flag. Reverend J. H. Bergren from Redeemer Lutheran Church, representing the Ministerial Association, gave the Invocation. ROLL CALL MEMBERS PRESENT: Izirkham, Liebl, Harris, Samuelson, Sheridan MEMB�RS ABSENT: None APPROVAL OF MINUTES, REGULAR COUNCIL MINi1TES OF JANUARY 15, 1968: MOTION by Councilman Samuelson to adopt the Minutes of the Regular Council Meeting of January 15, 1968 as presented. Seconded by Councilman Sheridan. IIpon a voice vote, there Ueing no nays, Mayor Rirkham declared the motion carried unanimously � ADOPTION OF AGENDA: There were no deletions from the agenda The Council added the following items to the agenda. Item 36, "JAYCEES HELPING HAND PROGRANI"a item 37, "SPECIFICATIONS FOR BIDS ON GROUP HEALTH INSURANCE PROGRAM"; �tem 38� "701 PROGRAM'�� ltem 39� "RICE CREEK STORM SE47ER'; item 40, "REPRODUCING EQUIPMENT FOR CITY HALL". MOTION by Councilman Harris to adopt the agenda as amended. Seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously. CONSIDERATION OF ORDINANCE AMENDING ORDINANCE NQ. 372 OF THE CITY CODE REGULATING AND LICENSING FOOD ESTABLISHMENTS AND FOOD VENDING MACHINES AND PROVIDING A PENALTY EOR VIOLATIONS THEREOF: Mayor ILirkham said that he had �ust received a letter from the League of Women Voters regarding some ideas on this ordinance that they would like to have the Council consider, He said he thought the Council would like to have time to look these suggesrions over, before they pass on the ordinance for the second reading. MOTION by Councilman Sheridan to table consideration of the second reading of this ordinance to the next regular Council Meeting of February 19, 1968 to ' review the League of Women Toter`s suggestions. Seconded by Councilman Harris. Upon a voice vo�e, there being no nays, Mayor Kirkham declared the motion carried unanimously. � REGULAR MEETING, FERRUARY 5, 1968 N0. 382 AMENDING SECTION 56.08 FRIDI.EY • : MOTION by Couacilman Harr7.s to adopt Ordittance ,�k382, waiv�ng the second reading, and publish. Seconded by Councilman Samuelson Upon a ro11 call vote, Kirkham, Liebl, Harris, Samuelson, Sheridan voting aye, Mayor Kirkham declared the motion carried unanimously. USE OF M.S.A. FUNDS FOR ST. 1968-2: Mayor Kirkham said that he would recommend that the Council concur with the MSA fund utilization program as recommended by the City Manager, Crty Engineer and Finance Director after their discussion. i� � La 9�� � PAGE 2 MOTION by Councilman Liebl to concur with the use of MSA Funds for ST 1968-2 as pxesenCed to the Gouncil aad as outlined by the City Engineer. Seconded by Councilman Harris. Councilman Samr�elson asked whether there could be any problem using this formiil3 over a long period of time. The Finance Director said that no problem would arise �f action is taken to redesignate new mileage streets before the engineer sends in the next request Upon a voice vote, there being no nays, Mayor Kixkham declaxed the motion � carried unanimously. The City Engineer said that when the final plans are prepared, this can be explained eg:�i.n to clarify it further. RESOLUTION �k15-1968 RECEIVING THE PRELIMINARY REPORT AND CALLING A PUBLIC HEARING ON THE MATTER OF THE CONSTRIICTION OF CERTAIN IMPROVEMENTS - WATER, SANITARY SEWER. AI3D STORM SEWER PROJECT N0. 88 ADDENDiIM �F2; The C,ity Engineer said that this report had been presented to the Council at the last meeting, and a Council decision was needed on whether to hold the hearing on the larger area in P1an A or on �ust the area to be served immediately as in Plan B. He showed the Council a map of the area, and sa�d he would recommend that the Council hold the heariag on the larger area to find out the people's response to it, and if they do not want i�, the smaller area can be done. Councilmaa Harris said he would agree they should hold the hearing on the larger area, as this whole area will Ue approaching a larger growth and the utilities wi11 be needed at that time. MOTION by Councilman Samuelson to adopt Resolution ��LS-1968, holding the March 11, 1968 public hearing on Plan A which is the Larger area Seconded by Councilman Harris. Councilman Liebl asked about the difference in price in the two areas. The � Consulting Engineer said that the main difference was in the sizing of the submain. He said the large area would have a larger main, and doing the Onaway Addition (plus abutting property) only would require a smaller main. He saad that $7,000 was the difference estimated between P1an A and P1an B The vote upon the motion was a voice vote, there being no nays, Mayor Izirkham declared the motion carried unanimously. '� (e �1 e a—' � '' - REGULAR COUNCIL MEETING, FEBAUARY 5, 1968 BIDS - TWO POLICE CARS (OPENED NOON, FESRUARY 5, 1968); The City Manager read the recommendation of the Chief of Police recommending that the Council accept the bid from Central Motor Sales, Inc. for two Plymouth Fury police cars at the net price of $2,796. Councilman Harris asked if this price included a trade-in. The City Manager said it included trading in two cars. rollowing are the bids received: NAME Central Motor Sales, Inc '2007 Central Avenue N.E. Minneapolis, Minnesota Coon Rapids Motors, Inc 3107 Coon Rapids Blvd. Coon Rapids, Minn PROPOSAL ��1 Plymouth Fuxy $5,196 00 Plymouth Fury $5,149 56 River Motors of Anoka,Inc. Dodge Polara 650 E. Main Street $5,650.00 Anoka, Minnesota,55303 Fairview Plymouth, Inc 1800 University Ave. St, Paul, Minn., 55104 Southview Chevrolet Co. 303 No, Concord So. St, paul, Minn. Stephens Buick Company 2370 Highway 100 S. Minneapolis, Minn 55416 Market Ford Sa1es, Inc. 725 W. Broadway Minneapolis, Minn Plymouth PK41 $5,134.26 Chevrolet, Be1 Air $5,696.00 Buick Wildcat $5,503.90 Ford Custom $5,450.00 PROPOSAL 4�2 (WITH TRADE IN) $2,796.00 $3,191.56 $3,680.00 $3,684,26 $3,726.00 $3,853.90 $3,950.00 DELIVERY DATE 40-60 days 60 days 60 days 40 - 60 days 30 - 60 days 45 days 30 - 45 days PAGE 3 MOTION by Councilman Hartis to concur with the City Manager and Chief McCarthy and award the bid to Central Motor Sales, Inc., 2007 Central Avenue Northeast for two Plymouth Fury police cars at the net price of $2,796.00. Seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously BIDS - ONE TON DUMP TRUCK [d'iTH PLOW (OPENE➢ NOON, FESRUARY 5, 1968): The City Manager stated that the Superintendent of Public Works and the Recreation Director recommended the Council accept the bid of the Minar Company for a Pord F350 at $3,935. He said that although this bid was $39 more than the lowest bid received, it included power steering, more horsepower, and a quicker delivery date. Councilman Liebl said that this would be a substantial saving over the last bid which the Counc�l had turned down. Council- man Harris said that this was about a$700 saving over the previous bid. � 1 ' � REGULAR MEETING, FEBRUARY 5, 1968 FOLLOWING ARE THE BIDS RECEIVED; BIDDER Edison G.M C. 7501 Highway �k65 N.E. Minneapolis, Minnesota Main Motor Sales 222 East Main Street Anoka, Minnesota Market Ford Sales, Inc. 725 West Broadway Minneapolis, Minnesota The Minar Company 1708 Central Avenue N.E Minneapolis, Minnesota Southview Chevrolet ' 303 No. Comord So. St. Paul, M�nnesota CASH PRICE G.M.C. CM3600 $4,682.00 Chev. CE31003 $3,986,00 Ford F350 $3,596.00 Ford F350 $3,935.00 Chev.C531009 $4,288 00 DELIVERY DAT� 30 Days 60 Days 30-45 Days 30 Days 30-60 Days MOTION by Councilman Sheridan to award the bid for a one-ton dump truck to � the MZnar Company, for a Ford F350, at $3,935.00, to include power steering, more horsepower (150 compared to 139) and quicker delivery date than the lowest bid. Seconded by Councilman LLebl Upon a voice vote, there being no aays, Mayor Kixkham declaYed the motian carried unanimously. � �, t���� PAGE § BUILDING STANDARDS - DESIGN CONTROL SUBCONIMITT�E ME�TING MINUTES, JANUARY 16, 1968: 1. CONSIDEAATION OF MURPHY OIL STATION AT EAST RIVER ROAD AND MISSISSIPPI ST: The City Engineer explained that this pxoperty was on the southeast cornez of Mississippi Street and East River Road, and showed the Council a plan of the property being purchased. He said that the CiCy has been working with the Murphy Oil Corpoa-&tion consider�,ng the future plans for the intersection. He said they are willing to dedicate an area to the City for a right-of-way for the future improvement of the Mississippi Street and East River Road intersection. He said that in discussions that have been held, Murphy Oil Corporation has been advised that it may be advisalaie for them to acquire property on the south side of their property because of Limited space for parking. Mr. H. J. Lundberg, real estate representative for Murphy OiL Corporation, said they had done nothing on Lhis, as they were waiting Co see what develops and what square footage will remain The City Engineer said that Che Murphy Oil Company wants to set up a station so double access can be provided, which wi11 not leave enough parkiag spaces under the code. Mr. Lundberg said that they will have about 8 parking spaces, and the zoning only goes to the back portion of their property. Councilman Harris said that the Council could take into consideration that the land dedication is in lieu of parking, and the company can �.cquire more land if they find more parking space is needed to run their business effectively �,,�a `� G REGULAR COUNCIL MEETTNG, FEBRUARY 5, 1968 PAGE 5 Councilman Liebl asked the representative if he had been present at the Sub- ' committee's meeting and had agreed with the fence, and rear wa11 being painted. Mr. Lundberg said he had been present at the meeting and there would be no problem with any of the stipulations, Councilman Samuelson read stipulation "G" which stated that the Certificate of Occupancy was to be sub�ect to the approval of a landscaping p1an, and said that this should be changed, so that the landscaping plan is made a part of the building permit and the Certificate of Occupancq be sub�ect to the completion of the Iandscaping. The Council agreed with this, as did Mr. Lundberg Mr. Lundberg drew the Council's attention to stipulation "B" which required that the proposed building be set to a11ow the 25 foot setback from the property 1ine, and said that they would require a variance from this requirement, as they will only be 15 feet Erom the property line. Councilman Harris said that the company has worked with the Council and he did not feel they should be asked to limit the size of their buildxng. Councilman Sacauelson said that there were residents on the east and south and he asked if they were in accord. Councilman Liebl said that the company has agreed to screening There was a discussion about wfiether the residents next to the station would prefer an 8 foot fence at the corner in lieu of the 6 foot fence. Mr. Lundberg said that they would agree with this if the people preferred it. The Counc�l agreed to change stipulation "B" in the Subcommittee Minutes to require a 15 foot setback rather than a 25 foot &etback as stated, and requested that the Administration ask the neighboring property owners which size fence they ' preferred. MOSION by Councilman Lieb1 to change provision "B" to require a 15 foot set- back from the property li¢es; to change provision "G" to require that the landscaping plan become part of the Building Permit, and the Certificate of Occupancy be sub�ect to the completion of the landscaping; to request the Administration ask the neighboring property owners whLCh sxze fence they prefer, and to concur with the Building Standards-Deslgn Control minutes and approve the Murphy Oil Station plans sub�ect to the provisions listed in their minutes as revised Seconded by Councilman Sheridan for discussion. Councilman Sheridan said that parking requirements based on the size of the building would make the Murphy Oil Station pay a penalty having a large interior storaoe. Ae said the purpose is to get the activ�ty inside rather than to add more parking spaces, and suggested they be granted a waiver if the ordinance ca11s for more parking spaces. Councilman Samuelson agreed and said he would like to see a waiver of the ordinance and allow no outside parking at service stations The VOTE upon the motion approving the plans was a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously. MOTION by Councilman Sheridan to w��7�v� the C-2 zoning requirement for parking (which is approximately 20 cars) to a minimum oE 8 parking spaces in con- � sideratioa for the land dedication by the Murphy Oi1 Corporation on the corner of Mississippi Street and East River Road for a right-turn lane to alleviate traffic congestion. Seconded by Councilman Harris. Upon a voice vote, there heing no nays, rlayar Kirkham declared the motion carried unanimously. ' � � REGULAR COUNCIL MEETING, FEBRUARY 5, 1968 The CLty Engineer asked the City Attorney if the Council could waive Che requirements as variances go to the Board of Appeals for a public hearing The City Attorney said the Council can grant a waiver, `, � PAG� 6 The City Engineer said that the City is putting in sidewalks up to 2nd Street and the Murphy Oil Corpo�'ation is willing to put in sidewalks around their service station. He asked if the City was going to acquire the right- of-way f!om the company up to the sidewalks, or will the sidewalks be on the right-of-way. He said that, for example, Target's sidewalks �,+ere on their own property aad they had constructed them, and the City owns the sidewalks on Mississippi Street. Mayor Kirkham felt the sid�walks shouLd be on the right-of-way so that the City wi11 control the sidewalks The City Engineer said they would work under the premise that the City wi11 acquire the right-of-way up to the station's pr9posed curb line, and Murphy Oil Corporation will install the sidewalk, but it will be on City property. Councilman Samuelson pointed out that the company will save the administration and engineer�ng costs if they install the sidewalks themselves. PROCLAMATION - PROCLAIMING HELPING HAND ➢AY, FEBRUARY 19, 1968: Mr. Charles Ha11 from the Jaycees said he was sure eve�yone was aware of the efforts of the Jaycees and School Boa�d in inauguratiag the Helping Hand pro�ect, and he asked that Monday, February 19, 1968 Ue designated by the Mayor as Helping Hand Day in Frldley. Mayor Kirkham read the proclamation, and the reporter took pictures for the newspaper. THE MINUTES OF THE BOARD OF APPEALS MEETING, JANUARY 24, 1968: 1�fi�Ti]'��f• TO BY WAIVER OF FRONT Y �I 43.362, TO PERMIT PART OF LOT 8 (PARC. SOTA SAME BEING 80 ST EY MID-CONTINENT 1963 CDNSTAUCTION OF AN A➢DITION or i �nn� n..nrmnn � c crronrt�'rc 0 - 44TH AVENUG The City Attorney said that in discussions he has had with the PLanning Commission on amending the present code, the Planning Commission feels a 100 foot setback, especially with land as expensive as it is in Fridley, seems excessive, Councilman Harris told of a prospective company that wanted to buy 2 acres, but with setbacks and fire lane, they would Ue abLe to use only one acre of the two they wanted to purchase Councilman Liebl said that when the ordinance was made up the residents wanted this space as a buffer zone, and the homeowners should be considered a1so. The City Attorney said that this is something the Council may want to reconslder Mayor Kirkham said this pointed up the need of a planner to keep abreast of these situations The City Engineer showed the plans oc the Mid-Continent Engineering addition, and said that because of the lay of the land, it wi11 be half buried from sight, and some nice trees will be saved wich the requested setback 6d JI_ „ REGIILAR COUNCIL MEETING, FEBRUARY 5, 1968 MOTION by Councilman Harris to concur with the recommendation of the Board of Appeals and grant the requested 10 foot variance. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously. 2. RECIPROCITY AGREEMENTS: PAGE 7� Councilman Samuelson noted the discussion regarding reciprocity agreements in the Board Minutes, and said he thought this was a good suggestion, and that it would be nice if something were worked out similar to what the City has with Standard Oil in their request. THE MINUTES OF THE BOARD OF APPEALS MEETING, JANUARY 31, 1968; I� OF 1111VN�JU'1H LNbJ IC�Vl��ll llN:I;N:L�lISt;1C 17b4 t5Y WH1VL'1( Ur' I;UtCiV�i( LUl J1;115H1:A. L{y�,l2U1iCL'- MENT FROM 35 FEET TO 29 FEET ON SOUTH SIDE TD PERMIT CONSTRUCTION OF A ONE- FAMILY DWELLING ON LOT 11, BLOCK 4, MELODY MANOA 15T ADDITION, ANOKA COUNTY2 MINNESOTA, SAME BEING 399 (73RD AVENUE NORTHEAST, FRIDLEY, MINNESOTA (NORTH- WEST CORN$R OF LYRIC LANE AND 73RD AVENUE). (REQUEST BY CLEMRON, INC., 4915 CENTRAL AVENiTE NORTHEAST, MINNEAPOLIS, MINNESOTA): MOTION by Councilman Harris, who said that he had viewed this situation, to concur with the Board of Appeals and grant the requested variance. Seconded by Cuuncilman Samuelson. Upon a voice vute, there being no nays, rfayor �irkham declared the motion carried unanimously, PLANNING COMMISSTON MEETING MINUTES, JANUARY 25, 1968; 1. LOT SPLIT REQUEST - L.S. 68-OL, RODNEY BILLM[�N, INC. LOT 29, BLOCK 1, INNSBRIICK STH ADDITION: The CLty Engineer explained that two ad�oining property owners want to split a 1ot to expand their yards ttitOTION by Councilman Sheridan to concur with the recommendation of the Planning Commission and grant this lot split. Seconded by Councilman Harris for discussion. Councilman Harris asked how the assessments wi11 6e paid after this 1ot is split. The City Engineer explained that the assessments against the lot wi11 be split proportionately to the footage each property owner acquires. The VOTE upon the motion was a voice vote, there being no nays, Mayor Izirkham declared the motion carried unanimously MOTION by Councilman Harris to receive the remainder of the Planning Commission Minutes of ,Tanuary 25, 1968. Seconded by Councilman Liebl. IIpon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously PARKS AND kECREATION COMMISSION MEETING MINUTES, SANIIARY 22, 1968: Councilman Harris nd-ed that on Page 3 of theix minutes, they request a meeting with the City Council to discuss future park development. ' i � j � , „`,�� REGULAR COUNCIL MEETING, FEBRIIARY 5, 1968 PAGE 8 � MOTION by Councilman Harris to receive the Park and Recreation Commission Minutes aad request the Administration to set up a meeting between the Commission and the Council. Seconded by Councilman Liebl. Upon a voice vote, there beLng no nays, Mayox Kixkham declared the motion carried unanimously. FRIDLEY INDUSTRIAL DEVELOPMENT GOMNiIS5I0N MEETING MINUTES, JANUARY 4, 1968; MOTION by Councilman Samuelson to receive the minuCes of the Pridley Industrial UeiElopment Commission. Seconded Uy Councilman Harris. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously. AGREEMENT RELATING TO PAYING AGENCY: The Finance Director explained that there is no change in the service charges for paying coupons and bonds, which are standard rates, but from now on there wi11 be an agreement to sign with the paying agent MOTION by Councilman Samuelson to authorize the Mayor and City Manager to sign the agreement with the paying agent, the First National Bank of St. Paul Seconded by Councilman Harris. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously CONNECTION OF PRIVATE HOME TO EMERGENCY REPORTING SYSTEM: ' MOTION by Councilman Harris to concur with the recommendation of the Fire Prevention Chief and a11ow Mr. Kuny, 1509 Windemere Drive Northeast, to connect a burglary alarm protection system from his home to the board on the City Emergency Reporting System, upon the execution of a supplementary agreement providing that Mr. Kuny will relinquish his connection upon 10 days notice if the space is required for commercial or industrial use.. Councilman Liebl said that there should be some kind oi priorLty List as there are a limited number of connections, and one could not be installed in every home. Chief Aldrich said he did not feel there would be many requests as it would cost approximately $138 a year plus the cost of the alarm system. Councilman Liebl asked how many connections were left presently. Chief Aldrich said about 50. The MOTION was seconded by Councilman Sheridan. Mayor Kirkham said that he was not opposed to the supplementary agreement, but he did not feel that the City should require the home to give up its connecticn, because he felt that if an owner wants protection, he should get it whether it is a home or business. Chief Aldrich said that this has been brought before the Council because all previous discussion has related to busiaess, commercial or industrial, and � Chis seems to he a deviation from the original intent. Mayor Kirkham said that only businesses have probably been discussed, because no one thought about someone coming in and requesting protection for the�r home. Councilman Samuelson asked if there were any prov�.sions for a charge for connecting to the board Ch�ef Aldrich said that the property owner will pay a line charge billed by the Telephone Company, but there is no board charge #,I �I � � _S REGULAR COUNCIL MEETING, FEBRUARY 5, 1968 PAGE 4 The VOTE upon the motion was a voice vote, there being no nays, Mayor ' Izirkham declared the motion carried unanimously. CONSIDERATION OF MILEAGE ALLOWANCE: Mayor Kirkham asked if the budget will permit this mileage raise. The City Manager said that in discussions that have been he1d, they felt they could go lp more in mileage. Nlayor Kirkham said he was in favor of it, if it is in the budget. MOTION by Coun�ilman Samuelson to raise the mileage allowance to lOq. Seconded by Councilman Lieb1. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously. CONSIDERATION OF APPROVAL OF RELEAS� FROM GSA AGREEMENT ON RENTAL OF SPACE IN THE OLD CITY HALL FOR NAVY RECRUiTER EFFECTIVE SANIIARY 1, 1968: MOTION by Councilman Samuelson to approve the release from the GSA agreement on space rental in the old City Hall for the Navy recruiter. Seconded by CounciLman Sheridan. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously. It was pointed out that the new recruiting station will be in the Moon Plaza Shopping Center. RP�SOLUTION 4k16-1968 - REGARDING MUNICIPAL INDUSTRIAL DEVELOPMENT: ' There was a discussion at the Council table about the purpose of passing this resolution. It was pointed out that this will announce to industry that the City is ready to act on the Municipal Industrial Devdopment Act as enacted by the Legislature, if the Company looks promisittg. The legis- lation allows industry to borrow money at municipal rates to acquire 1and, and to issue bonds to Pinance. The City would sign a lease with the property owner for the same length of time as the bonds. A visitor to the Council Meeting asked if the City would be held liable if the company went bankrupt. Councilman Harris said that the Business Development Department would expect the City to expend whatever efforts they could to find another industry to come in, but the City would not be liable. The City Attorney said that this idea is expanding very rapidly, and cities are in competition with other cities. Councilman Harris said that before the Business Development Department would send a client to the City, they would have to pass this resolution showing the�r intent. MOTION by Councilman Harris to adopt Resolution �'�16-1968. Seconded by Councilman Samuelson Upon a voice vote, there being no naps, Mayor Kirkham declared the motion caxried unanimously CONSIDERATION OF B& E PATROL AGREEMENT• The City Manager said,Chat B& E Patrol has an extension type contract with , the City, and it is up for continuance, or for the advertisement of new bids again. Councllman Samuelson sa�,d he had many misgivings about whether B& E Patrol is doing the business as they should, as he has been getting complaints in his Ward. Councilman Harris said he thought it had been agreed that a REGi7LAR COUNCIL MEETING, FEBRUARY 5, 1968 ' contract of this type was to be put out for bids, and said that maybe the requirements could be stiffened,although he ha� had less calls this year Councilman Sheridan said he would like to see it readvertised. Mayor Kirkham said that, by the number of compJ.aints, he thought service had improved, but he had no ob�ection to going out for bids. The City Manager suggested that as long as it is a continuing contract, it be continued until the Council has an opportunity to look over the contract, and at the next meeting a letting date could be set up MOTION by Councilman Samuelson to authorize the Administration to extend the present contract with B& E Patrol until a letting date has been set. Seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously RECEIVE LIQUOR STUDY FROM HORWATH AND HORWATH, AND APPOINT MAYOR'S EVALUATION COMMITTEE: Mayor Kirkham said that the Council is in receipt of copies of the study, but they have not had a chance to review it with the representative of Hor�aath and Horwath, Mr, Anthony Pikul. Councilman Liebl asked how many copies of the report had been recieved. Each Council member said they had one, the City Manager had one, and the City Attorney had one. Mayor Kirkham said that he wanted to appoint a Committee to study the report, but they will have to wait until there are ' more copies of the report to study MOTION by Councilman Haxris to receive the Liquor Study from Horwath and Horwath, and request the Administration hold the copies of the report in abeyance so that no figures contained in the report will be pro�ected as factual information, until it has been reviewed by the City Council with Horwath and Horwath. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously MOTION by Councilman Harris that Mr. Pikul, from Horwath and Horwath, be contactedto meet with the Council, Monday, February 12th at 7•00 P.M. Seconded by Councilman Samuelson, Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously Mayor Kirkham said that he would name an evaluation committee to review the study. He said he would read the names of the men he would like to have serve and a�k each of the Councilmen to name a person He said the commrttee will have no power, but wi11 be a group of citizens from various professions and businesses asked to evaluate the report. Mayor Kirkham named as Chairman, Charles L. Langer, 525-67th Avenue North- east, accountant and attorney, and as members, Reverend Norman Eitrheim, 482 Rice Creek Terrace, St. phillips Church, Reverend Gilbert Anderson, 232 Satellite Lane, Cavenant Church; Sudge Elmer 7ohnson, 6490 Riverview � Terrace, Professor of Sociology at the University of Minnesota; Mr. Robert P. Minder, 550 Rice Creek B4uk�vard, i4ca1-businessma�i; Mr.�LTilbux Whitmorey 440 Rice 6�eek Terrace,"on the Police �iv�l Ser.vice Commission and former Chairman of the Fridley Tax Study Group. � �' I, PAGE IO REGULAR C�iiNCIL MEETING, FEBRUARY 5, 1968 PAGE 11 Councilman Harris appointed Mr. Richard Donlin, 477 Rice Creek Terrace, , an insurance man; Councilman Samuelson appointed Mrs. Richard Osman, 6716 Northeast 7th Screet, housewife, Councila�n Sheridan appointed Mr. Arne Takkunen, 6420 Baker Avenue Northeast, accountant in private industry, Councilman Lieb1 appointed Mr 0 M B�erkesett, lOD - 63z Way Northeast, private insurance agent Mayor Kirkham said that in ex-officio capacity he would appoint City Attorney Herrick to act as legal advisor if necessary. Mayor Kirkham said that the committee should meet as often as necessary, but as most of it will be study on their own, a couple of ineetings should be enough. He said that he would set a time (something like two weeks) to have a report back after the additional copies of the study are available. MOTION by Councilman Harris to concur with the 10 member Evaluation Committee as appointed by the Mayor and Councilmen Seconded by Council- man Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously CONSIDERATION OF APPROVAL OF COUNCIL AWARD PR�JGRAM: Mayor Kirkham said that each member of the Council has a copy of the City Manager's proposed award program. He said he thought it was a good idea and he would like to see it in effect as soon as posssible. Councilman ' Samuelson and Councilman Sheridan said they concurred with the Mayor. Councilman Liebl explained to the public that the City Manager has drawn up three different types of awards to be given at the pleasure of the Council. MQTION by Councilman Sheridan to concur with the recommendation of the City Manager and approve the Council Award Program. Seconded by Councilman Lieb1. Upon a voice vote, there being no nays, Mayar Kirkham declared the motion carried unanimously. A➢OPTION OI' NEW WEED CONTROL POLICY: Councilman Lieb1 said he could happily concur with the recommendation of the City Manager on a new weed control policy, as this is one of the biggest problems for the Councilmen during the summer and fa11 months. He asked the City Attorney if he concurred with the policy, and the City Attorney said he did. MOTION by Councilman Lieb1 to concur with the recommendation of the City Manager and adopt the new weed control policy as presented to the Council. Seconded by Councilman Sheridan. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously. CONSIDERATION OF AMERICAN OIL SERVICE STATION REQUEST: The Council had received a communication from the Village of Spring Lake ' Park approving Fridley`s request in respect to the proposed right-of-way access at the cornerc�ilic�t American Oil Company owns. Councilman Sherivan said that it was fine to get this kind of cooperation, but with the ob�ections of the people in the area, he could not see granting a Special Use Permit for the use of this property for a service station Councilman Samuelson said that this was his feeling also. Councilman Llebl concurred. Mayor Kirkham said that it appeared the whole Council concurred in not wanting to grant a permit for a service station. REGULAR COUNCIL MEETING, FEBRIIARY 5, 1968 ' MOTION by Councilman Samuelson to receive Village of Spring Lake Park, dated January man Liebl. Upon a voice vote, there being the motion carried unanimously. the communication from the 19, 1968 Seconded by Council- no nays, Mayor Kirkham declared The City Engineer pointed out that the request for a Special Use permit has been denied previously by the Board of Appeals, but when it came before the Council the understanding was given to American Oil Company that there would be another presentation before the Council He said that they did have a right to appeal to the Council, and he could inform them that if they wish a hearing, they must make a formal appeal. Mayor Kirkham said that Yhe Council had ind�cated that they must ask for another hearing, but if they were expecting to hear from the City, the City Engineer could inform them, POLICY FOR ORGANIZATIONS TO REVIEW LIQUOR STIIDY: Mayor Kirkham said he had received a communication from the President of the Chamber of Commerce offering their services for study and anaylsis of the liquor report. He said that the League of Women Voters have also asked for an opportunity to study the report He said he would like to thank them for the offex and he thought the Council should avail themselves of their servicee MOTION by Councilman Harris to receive the communicatio❑ from the President � of the Chamber of Commerce. He said he agreed that these organizations should be given an opporCunity to review the study. Seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor Rirkham declared the motion carried unanimously. Councilman Samuelson suggested that a policy be established that the report will only be issued upon written request. The Council agreed that the study should be available to read, but the cost would be prohibit� to give them out, so they should be read in City Ha11. � MOTION by Councilman Samuelson to make it a policy that the Liquor study report be read in City Hall or by written request to the Administrat�on. Seconded by Councilman Harris. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously CLAIMS: �� � '� PAGE 12 MOTION by Councilman Sheridan to remove Claim �k14160 from the list and approve for payment General Claims �{14018 through ��14159. Seconded by Councilman Harris. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously. MOTION by Councilman Samuelson to approve for payment Liquor Claims ��1870 thxough ��1905 Seconded by Councilman Hasris. Upon a voice vote, thexe being no nays, Mayor Kirkham declared the motion carried unanimously. ZICENSES: Mayor Kirkham said that there was a General Contractor`s license to be added to the list of licenses; Robyn Lemancik, 8470 Eastwood Drive, MoundsvLew, Minnesota. MOTION by Councilman Harris to approve the following General ContracYOr and Heating L�censes: L �i j' ��/ �_ '`.h REGIILAR COUNCIL MEETING, FESRUARY 5, 1968 GENEIZAL CONTRACTOR: Robyn Lemancik 8470 Eastwood Drive Mouncisview, Minnesata $erglund-Johnson P.O. Box D Excelsior, Minnesota A1den Corporation 419 South 6th Street Minneapolis, Minnesota Schuler Construction Co. 3653 Bellaire Avenue St, pau1, Minnesota HEATING R. W. Doyle Heating Co. 3418 31st Avenue South M�_nneapolis, Minnesota BY: Robyn I,emancik By: Arthur ,Iohnson $y: James H. Dols By• Robert Schuler By: Richard Doyle NEW NEW NEW NEW 1tENEWAL Midwest Sheet Meta1 Works By: Mike J. Elnicky ItENEWAL 340 Taft Street N.� Minneapolis, Minnesota - The motion was seconded bq Councilman Sheridan. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously. MOTION by Councilman Harris to strike fran the list the request by Walter Hronoski for a Cafe License, Cigarette License, On Sale License, Public Drinking Place License, and Tavern LLCense Eor Walt�s Rainbow Club, and approve the following Cafe and ,Cigarette Licenses; CAFE Irv's Billard Center 6237 ilnrversity Ave. N E. Fridley, Minnesota CIGARET'�E PAGE 13 By; Irving Tdeinberg NEW Approved by Health Inspector Irv's Billard Center By: Irv�ng Weinberg NEW Approved by 6237 IIniversity Ave. N.E Police Department Frzdley, Minnesota The motion was seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously. REQUESTED SIGN PERMIS: MOTION by Councilman Harris to grant a sign permit to the Chamber of Commerce for a sign �n front of their new office, and waive the fee Seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously. 1 1 ' ' � I 1 REGiTJ.AR COUNCIL MEETING, FESRBARY 5, 1968 CONSIDERATION OF LICENSE REFUND - PAUL J. RAKOS: The Council concurred with the recommendation of the Finance Director that the license fee should be refunded to Mr. Rakos as he had no benefit of the licenses as his business never opened, but a portion of the fee should be withheld to pay for the time spent on checking out the license. The City Attorney was asked for his opinion. He said that all of ie could be returned, none of it, or an administrative fee could be withheld. This would be a councll decision. The Council discussed the amount of money that should be held back for administrat�ve charges before the 1lcense fee's are refunded. The Council agreed that a$7_5 retention would help pay for the tlme spent by the Po11ce Department and Admiaistration in checkxng out the license MOTION by Councilman Harris to concur with the recommendation of the Finance Director and refund the license fees to Paul S. Rakos except for the $25 administrative charge. Seconded by Councilman Steridan, Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously ESTIMATES• MOTION hy Councilmaa Harris to pay the following estimates• Dunnley Surfacing Company 3756 Grand Streeti Northeast MinneapoLis, Minnesota Estimate No. 5- Street Improvement Pro�ect ST. 1967-1 (Rainbow Drive, 61st to Comet, 63rd - University Service Road to Sth SLreet, Arthur - Mississippi Street to north property line of Rice Creek School, Hugo Street - East River Road to east end of street, and Civic Center Parking Lot). Estimate No. 4- Street Improvement Pro�ect ST. 1967-2 (61st 9venua - Main to University Avenue, Baker Street - 73rd to Osborne). CHANGE ORDEA N0. E-S - CIVIC CENTER: $ 8,302.55 $2D,532.87 The City Engineer explained that thls change order was in regards to lighting over the center counter area in the Civic Center. He said that they had run into a problem hanging the lights because of the duct work. There was a discussion about this being another error on the part of the architect, and the possibility of putting in surface models similar to the recessed models planned. The Council had felt that the original model had been too expensive and had asked for a modification, and if there is duct work 7�n the way of sufficient lighting, it seemed to be the architect's fault and he should solve the pxoblem. � '� 1_�a 3 � PAGE 14 4!' _<�I,e I ti-` REGi1LAR COUNCIL MEETING, FEBRUARY 5, 1968 - PAGE 15 MOTION by Councilman Harris to return this change order to the Administration , Por further discussion with the architect. Seconded by Councilman Samuelson. IIpon a voice vote, there being no nays, Mayor Kixtcham declared the motion carried unanimously. APPOINTMENTS : MOTION by Councilman Sheridan to concur with the recommendation of the Cicy Manager and approve the following appointments; NAME Diane I. A11en 1746 Pinewood Drive New Brighton, Mlnn. Robert Aldrich Edward Ellis POSITION SALARY REPLACES Planning Commission & BuiLding Inspection Department $324.00 FIRE DEPARTMENT New Pasition Chief of the Fire Prevention Bureau Assistant Chief of the Fire Prevention Bureau The Motion was seconded by Councilman Liebl. Upon a voice vote, there heing no nays, Mayor Kixicham declared the motion carried unanimously RESOLUTION �F17-1968 AMENDING THE PREVIOUS RESOLUTION ��207-1967 OF THE CITY COUNCIL, CITY OF FRIDLEY, ORDERING IMPROVEMENT, FINAL PLANS [IND SPECIFICATIOIdS AND ESTIMATES OF COSTS THEREOF: ST. 1968-1 AND ST. 1968-2 (NLSAS): AUTHORIZE AGREEMENT WITH SUBURBAN ENGINEERING: The City Engineer pointed out that the name of the Consulting Engineer is to be filled in in the resolution. Councilman Sheridan asked if Suburban Engineering will accept the preliminary plans, or if they will do them over again. The City Engineer said that they will accept the plans, and that they have agreed they will accept 85% of their fee in lieu of the part of the work done. MOTION by Councilman Samuelson to insert the name Suburban Engineering in the resolution as the designated engineers and adopt Resolution ��17-1968. Seconded by Councilman Sheridan. IIpon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously. MOTION by Councilman Samuelson to authorize the City Manager and Mayor to enter into an agreement with Suburban Engineering for this pro�ect. Seconded by Councilman Harris. Upon a-voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously. T TO THE COUNTY AIIDITOR TO BE LEV: fl MOTION by Councilman Harris to adopt Resolution �'�'18-1968. Seconded by Councilman Samuelson Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously. ' , REGULAR COIINCIL MEETING, FEBRIIARY 5, 1968 ' RESOLUTION �k19-1968 AUTHORIZING AND DIRECTING ASSESSMENTS ON PARCELS 600, 620, 640, 660, 830 1000, 1020, AND 1D40, BENNETT-PALMER ADDITION: MOTION by Councilman Sheridan to adopt Resolution �k19-1968 Seconded by Councilman Lieb1. IIpon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously. RESOLUTTON y�Z0-1968 AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMEI3TS ON LOT 6, BLOCK 4, PARCEL 820; LOT 7, BLOCK 4, PARCEL 840, LOT 8, BLOCK 4, PARCEL 860; AND LOT 9, BI.00IZ 4, PARCEL 880, BENNETT- PALMER ADDITION: � MOTION by Councilman Sheridan to adopt Resolution ��20-1968. Seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously. RESOLUTION �k21-1968 - A RESOLUTION AUTHORIZTNG AND DIRECTSNG THE SPLITTING OF SPECIAL ASSESSMENTS ON LOT 14, BLOCK 4, PARCEL 980, BENNETT-PALMER ADDITION� MOTION by Councilmaa Samuelson to adopt Resolution �'k21-1968 Seconded by Councilman Sheridan. IIpon a voice vote, there beittg no nays, Mayor Kirkham declared the motion casried unanimously , RESOLUTION ik22-1968 - ASSESSMENTS ON PARCEL BENNETT-PALMER ADDITI MOTION by Councllman Samuelson to adopt Resolution 3k22-1968. Seconded by Councilman Sheridan. Upon a voice vote, there beLng no nays, Mayor ICirkham declared the motion carried unanimously CONSIDERATION OF ACQUISITION OF RIGHT-OF-WAY AND EASEMENTS FOR WS&SS��88: The City Attorney said that the Council could authorize him to commence condemnation proceedings, rather than 7ust speciiy acquiring the right- of�way. He said he proposed to contact each property owner and attempt to negot�ate with them before the commission holds a hearing. The City Engineer said that he wanted the Council to be aware that this will be an expensive pro�ect. MOTION by Councilman Harris to authorize and direct the City Attorney to commence condemnation proceedings for the right-of-way and easement acquisitlon to be included in part of the construction of WS&SS�k88 The motioa was seconded, and upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously. CONSIDERATION OF PROPOSAL - MORTIIARY - 6210 T,H. �k65 - GEARHART: , The City Engineer said that Mr. Gearhart had agreed before the Counril to blacktoping, planting and necessary easements He said they wanted this changed so that only one area of 13 stalls would be blacktopped. Mr. Wahlquist, representing Gearhart Mortuary, said that they will not ,� _ a -� PAGE 16 CU � 1` � e „- REGULAA COUNCIL MEETING, FEBRUARY 5, 1968 PAGE 17 need the whole parking lot for some time, and they would put in rye grass ' for the present, and do the balance of the blacktopping in the next 3, /s, or 5 years. Councilman Samuelson said that he would like to see this completed as rt was applied for, as quite a few hearings were held on the problem of inadequate parking. Councilman Harris said that he made his decisions after v�ewing the plans showing the construction of the parking lot. Mr. Wahlquist said that this woutd be done as the complete p m �ect, but they did not want to do it right away. Councilman Samuelson pointed out that this would be a provision of the Certificate of Occupancy. P1r. Wahlquist said that they were asking for a waiver. Councilman Harris said that�approxi- mately S variances had been granted, and he could not agree to grant�ng more waivers taking into consideration how hard they had worked to get concurrence previously, because of the ob�ections. He said he would have to vote to deny the waiver. Mayor Kirkham said he felt that this would �ust become a weed patch if granted. Councilman Harris pointed out that the Council had set a precedent on parking lots, when designed as such, when they had required the Fridley Covenant Church to blacktop theirs, after the Church had wanted to wait 3 to 5 years to do it. Mr. Thomas Gearhart, one of the owners of the mortuary, s�id that he was familiar with how many years it takes to have a mortuary start paying, and he dLd not feel there was a �ustifiable basis for putt�ng money into a parking lot that would �ust sit there, for a few years. Councilman Samuelson said that if the variances had not been granted previously, they would have been required to have more parking spaces than they have. Councilman Sheridan said that the origznal authorization for a permit had ' been granted with four stipulations, if by accepting the permit, they accepted the stipulations. MOTION by Councilman Samuelson to deny the request by Gearhart Mortuary, 621D Highway ik65, to reduce the size of the parking lot from 65 stalls to 13 stalls. Seconded by Councilman Sheridan. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. CONSIDERATION OF TRAILER PERMIT - WILL HARRIS, 6400 CENTRAL AVENUE: MOTION by Councilman Lieb1 to grant the trailer permit for a period of one year to be used as an office until the new building is completed, with the stipulation that the applicant connect to the utilities. Seconded by Councilman Sheridan. Upon a voice vote, there laeing no nays, Mayor Kirkham declared the motion carried unanimously SPECIPICATION FOR BI➢S ON GROUP HEALTH INSURANCE PROGRAM: MOTION by Councilman Harris to authorize the Administration to advertise for bids on the group health insurance program. Seconded by Councilman Sheridan. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously. The City Manager said that the bids wi11 be opened March 13, 1965 at 10:30 ' A.M., and the bids will be awarded March 18, 1968. AEGULAR COUNCIL MEETING, FEBRUARY 5, 1968 ' CONSIDERATION OF 701 PROGRAM: Councilman Harris said that this item was back on the agenda at the request of the Administration, and he felt that aiter readxng the report on the possibility of the shortage of money even after being considered, aad the City Manager's recommendation that the Council give consideration to a full time planner, no further action on the 701 program was in order. Iie said that the City would have to furnish $15,000 for a$30,000 grant from the Federal Government MOTION by Councilman Harris to table the 701 Comprehensive Planning Assistance Program. Seconded by Councilman Samuelson Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously Councilman Liebl asked if this action would bind Fridley one way or another, if a future Council wished to consider it Mayor Kirkham said that the Council could reconsider it next week, if they wanted to. RICE CREEK STORM SEWER: Councilman Harris said he had discussed this with Councilman Sheridan and they feel that now would be an opportune time to apply for aid for this area through means of a Federal grant. The Consulting Engineer said he agrees that there are other actualities within the application to make it more area wide. He said that this area will never develop on its own ' because of the high cost, Councilman Sheridan said that it may be two years before such a grant would be available, but the application would be on file Councilman Liebl asked who the grant was requested through Councilman Sheridan said 1t would be under the Housing and Urban Development Program � 0 � 1 9� !, „ . PAGE 18 MOTION by Councilman Harris to request that the Administration and Comstock & Davis, Inc. resubmit another application for a grant for the development of theRice Creek area, and info�m the Representatives and Senators that the City has reapplied for this help with a second request, so they will be aware of it and wi11 help. Seconded by Councilman Sheridan. Upon a voice vote there being no nays, Mayor Kirkham declared the motion carried unanimously. REPROIlUCING EQUIPMENT FOR CITY HALL: Mayor Kirkham said that the Council members have copies of the report on zeproducing equipment prepared by the City Manager Councilman Lieb1 said he would assume that the machines recommended would be the fastest and most economical in regard to municipal operation. Mayor I�.iskham said that the report pointed out that they would save time and money The City Manager said that $3,000 had been spent on printing last year, and the multilith will give the City the ability to print some of their own forms. He said he would ask Council permission to go into a lease-purchase agreement on the multilith, and purchase it if it proves satisfactory. Councilman Harris � asked if he felt four months would give it a fair test. The City Manager said four months should be a fair test, and wi11 give the Council a chance to see the results of the multilith and the other machines Councilman Samuelson asked if there was money in the budget for these items. The City Manager said that part of the cost would be acquired from the savings it would make. �� , .. �� �� itEGULAR COUNCIL MEETING, FEBRUARY 5, 1968 MOTION by Councilman Samuelson to concur with the City Manager's report and authorize the City Manager to enter into a lease-purchase agreement on the multilith machines. Seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. CITY ATTORNEY: NSSSD Couacilman Harris said that the City Attorney had advised him that the Council should take action to authorize him to request permission from the NSSSD Board to permit hookups for 69th Avenue including the Onan plant, Norton Avenue and Commerce Park, and if they refuse such hookups, authority to ask the Court to order the District to permit the hookups pending final disposition of the litigation. A10TIDN by Councxlman Harris to concur with the request and recommendation of the CLty Attorney and autharize him to recp est permission for these hookups, and if denied, authority to prepare an order to show cause to be heard before the District Court to order theDistrict to permit these hookups pending final disposi�ion of the litigation. Seconded by Council� man Lieb1. The City Attorney said that the outcome of the court litigation would be binding on 6oth parties. There was a discussion about the hookup for Designzaare Industries, but because of a problem of type of affluent, the Council decided this would be a separate coatract. Upon � voice VOTE, there being no nays, Mayor Kirkham declared the motion carried unanimously. POLICE DEPARTMENT SPACE IN CIVIC CENTER: � Mayor Kirkham said he believed the Police Department had reached a position where they were ready to discuss their facilities in the new building, and he asked that this item be placed a� the last item of the agenda for February 13, 1968. ADJOURNMENT: There being no further business, Motion by Harris to ad�ourn the meeting, seconded by Councilman Liebl. IIpon a voice vote, there 6eing no nays, Mayor ICirkham declared the Regular Council Meeting of February 5, 1968 ad�ourned at 11:00 P M. Respectfully submitted, ��i /X �Gti " l Mary L�om Secretary to the Council ,1 � �7 �� j i f �I� �� IV i 4'G,._-7t L� ' I.�Lltq'Ui��,�^- _ � � Jack 0. Kirkham L. ' MAYOR BAGE 19 1 1 1