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02/19/1968 - 00020442_ _r n`_ ,_ _ ' THE MINUTES OF THE REGULAR COUNCIL MEETING OF PEBRUARY 19, 1968 The Regular Council Meeting of Febxuary 19, 1968 was called to order by Mayor Kirkham at 8;11 P.M. OPENING CEREMONY; Mayor Kzrkham asked everyone to stand and �oin in saying the Pledge of A1legiance to the Flag. Reverend J. H. Bergren from Redeemer Lutheran Ghurch, representing the Miaisterial Association, gave the Invocation. ROLL CALL• MEMBERS PRESENT: Kirkham, Liebl, Harris, S�imuelson, Sheridan MEMBERS ABSENT: None APPROVAL OF MINUTES, REGULAR COiTNCTI. MEETING OF rEBRUARY 5, 1968: MOTION by Councilman Harris to adopt the minutes of the Regular Council Meeting of February 5, 1968 as submitted. Seconded by Councilman Liebl Upon a voice vote, there being no nays, Mayor Izirkham declared the motion carried unanimously. � APPROVAL OF MINUTES, SPECIAL PUBLIC HEARING MEETING OF FEBRUARY 13, 1968: MOTION by Councilman Sheridan to adopt the minutes of the Special Public Hearing Meeting of February 13, 1968 as submitted Seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor ILirkham declared the motion carried unanimously. ADOPTION OF AGENDA: Mayor Kirkham stated Yhat the following items should be added to the Agenda: Item 2A -"CONSIDERATTON OF TRUCK BIDS"; Item 18 -"RESOLUTION REGARDING UNION AGREEMENT WITH LIQUOR ON SALE EMPLOYEES"; Item 19 -"BUS COMPANY COMMUNICATION", Item 20 -°KING CHALET COP�IUNICATION", item 21 -"TAX FORFEIT LAND FOR PARK PURPOSES°; Item 22 -"NEW f1PP0INTEE TO MAYOR'S LTQUOR STUDY EVALUATION COMMITTEE". MOTION by Councilman 5amuelson to adopt the Agenda as amended Seconded by Councilman Harris. Upon a voice vote, there being no nays, Mayor ILirkham declared the motion carried unanimously. �k384 - AN ORDINANCE AMENDING ORDINANCE N0. 372 OF THE CITY CODE AND LICENS2NG FOOD ESTABLISHIKENTS AND FOOD VENDING MACHINES AN A PENALTY FOR VIOLATIONS THEREOF� � Mayor Kirkham said that the League of Women Voters had made some suggestions on this ordinance, and the City Attorney has commented on them in the Agenda. MOTION by Councilmaa Harris to waive the reading and adopt Ordinance �k384 on second reading, and publish Seconded by Councilman Sheridan. Upon a roll call vote, Kirkham, Liebl, Harris, Samuelson, Sheridan voting aye, Mayor Kixkham declaxed the motion carried unanimously. � i �d �� r, _ REGIILAR MEETING, F�BRII.'�RY 19, 1968 PAGE 2 CHtllVGE OAD�R N0. G-1, N0. M-1, AND N0. �-1, FRIDLEY MUNICIPAL GARAGE: The City Engineer said that these were the change orders relative to the hoist which was discussed at the last Council Meeting. He said that it had been suggested that the Administration get the financing worked out for this addition, and the City Manager and Finance Director had checked with the Firemen's Relief Association and have been assured that the additional money is available to install the hoist. MOTION by Councilman Sheridan to approve Change Orders G-1, M-1 and E-1. Seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously. CONSIDERATION OF TRUCK BIDS ON ONE NEW 3/4 TON 4 WHEEL DRIVE TRUCK WITH_ BOX AND SNOW PLOW (OPENED FEBRUARY 19, 1968, AT 1D:30 A.M.): The City Maaager stated that the City had received 8 bids, and read the following bids: BID SECURITY CASH PRICE DELIVERY DATE Anoka International Harvester Highway �'k10 West Anoka, Minnesota Bi11 Boyer Ford 1201 Aarmon Place Minneapolis, Minnesota Crystal Motors, Inc 7008 - 63rd Avenue North Crystal, Minnesota Edison G.M.C. 7501 Highway ik65 N.E. Minneapolis, Minnesota Art Goebel Ford Company 12 Public Square Anoka, Minnesota Iten Chevrolet 6701 Osseo Road Minneapolis, Minnesota McGee Trucks, Inc. 30D1 Broadway N.E. Minneapolis, Minnesota Midway Dodge 1013 University Avenue St. Paul, Mianesota 1968 Int. $3,169.15 Immediate 5% Certif. Check Certified Check Certified Check Certified Check Certified Check Certified Check Bid Bond St. Paul Fire Certified Check $3,075.00 7 Days $3,45b.00 7 Days $3,495.00 2 Days $3,488.00 5 Days $3,475.00 $3,433.90 $3,171.80 7 Days 7 - 10 Days 56 - 65 Days Do not provide free rental. The City Manager said that based on the bids received, the bid of Bi11 Boyer Ford in the amount of $3,075 is recoaun?nded for acceptance. � , i � 1 �_ .�'�,� REGULAR MEETING, FEBRUARY 19, 1968 PAGE 3 ' Mr. Joseph Chesla, repres�.nting McGee Trucks, Inc , said his company was the th�rd low bidder. He said that anyone that bids tries to come up with the bid that meets the specifications set by the City. He said that the International Harvester Truck bid was a year old vehicle, and the second Low Ford bid did not meet the minimum specificatioas He said the Dodge bid did not meet the delivery date requirement. He asked the Council to consider the bid for the McGee Trucks, Inc., GMC truck which meets the specifications. The City Manager said that the Superintendent of Public Works and Park and Aecreation Director have both recommended that the City award the bid to Bill Boyer Ford, and he relys on .�nd respects theix jndgment, t3e s�id ii� was not aware of Bill Boyer Ford not meeting specifications. Mr. VF-ne Hamann, representing Edison GMC Truck Sales, Inc., said that they understood the City had $3500 for the purchase of- a new truck, and in that respect they gave every dimes worth they could under $3500, and he hoped that the City would respect these bids. Councilman Samuelson said that this situation pointed out the nee3 for a purchasing agent, as suggested by the City Manager, to have adequate speci- fications. Councilman Harris said that the City has to be fair to the bidders, and to make sure all are bidding on a comparable item, and if the bid taken is something less than required in the bid, no one will bid at a later date. � Mayor Kirkham asked Paul Brown, Parks and Recreation Director, if he wss aware that the truck recommended was not according to the minimum specifi- cations The Director said that they were aware of this. He listed the three things that t�aried from the specifications, and said that they had weigh'erd the specifications against the equipment bid and the availability of it, and both he and the Superintendent of Public Works felt the best bid was received from Bill Soyer Ford Company Councilman Harris said he felt that doing it in this way would not give the same opportunity to the other bidders, and he felt this would hiader future bids the City gets He said the other bidders may have bid something less also if they had known the City would accept something less. Mayor Kirkham suggested that the City Attorney consider the specifications and review this situation, and the Council could move on with the agenda and come back to this item later when the City Attorney had reviewed it. This item is continued later in the Minutes BUILDING STANDARDS-DESIGN CONTROL SiTBCOMMITTLE MEETING MINUTES, FEBRIIARY 14, 1968: l. CONSIDERATION OF SERVICE STATION REMODELING AND EXPANSION - 6101 iTNIVERSITY AVENUE NORTHEAST, REQUEST BY SHELL OII, COMPANY, 778 OTTO AVENUE, ST. PAUL MINNESOTA: Mr. Ilstruf, representing Shell Oil Company, asked if the Council was going to discuss this item in the minutes. Mayor Kirkham said that the , Crty is currently in contact with the Minnesota Highaay Department regar9ing the possibility of acquiring more land west of the station, and they would request that the She11 Oil Company delay their remodeling request long enough for the City to contiuue the discussion with the ALghway Department, � REGULAR COUNCIL MEETING, FEBRUARY 19, 1968 PAGE 4 which could be advantageous to the City and to the She11 Oil Company. He said that the City should know something in two weeks to a month, and this request can be brought back at that time. The City Manager was asked to have this item back on the agenda in one month. MOTION by Councilman Harris to concur with the Minutes of the Building Standards - Design Control Meeting of February 14, 1968, and to receive and file them Seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor Izirkham declared the motion carried unanimously STREET LIGHTING PROPOSAL FOR 1968 {gEVISED): The City Manager said that, because the street lighting allotment for the year was being crowded pretty tightly, he, the City Engineer, and Jerxy Lohmar of Northern States Power Company had gone out and reviewed every light He said they found some instances where the street light could be moved to provide adequate light. The City P�ngiaeer listed the locations of five additioaal lights that were to be added to the previous list, and with the relocation of some lights the number requested at this time will still be kept at 19 lights He said there wi11 still be about 5 additional lights that can be added during the course of the year MOTION by Councilman Sheridan to concur with the recommendation of the Administration regarding the revised Street Lighting Program for 1968. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motiori carried unanimously. EAST RIVER ROAD SAFETY STUDY: The City Engineer said that the City should have an overall plan regarding safety on East River Road. He said there should be an approved plan so that any additional work done in this area will follow the pattern set He said that the basic suggestion is to eliminate a11 left turn movements except at signal lights, with a few exceptions where this cannot be done. He out- lined the intersections that will have signal lights, and the streets that are going to be improved between 79th and Liberty Street. Councilman Liebl asked about the proposed connection at Riversedge Way, and about the house in the way at 62nd Way. The City Engineer said that this wi11 �ust be an over- a11 plan, and the City will work slowly toward the completion of the plan, but it may take years to complete some parts of it. Councilman Harris said that this same study had been made by the Streets and Utilities Committee in 1962 and 1963, but the study had not received the consideration it should have. He said he would like to see an overall plan adopted so that many of the problems on East Aiver Road can be elimini- nated Councilman Sheridan said he could approve the concept. Councilmatt Samuelson said that he could a1so. Mayor Kirkham said he thought that Council action should be taken to approve the overall preliminary plans, knowing there will be minar changes. Councilman Liebl said he was in favor of getting East River Road improved, but it may be expensive to get some of the land acquisition. The City Engineer said the important thing would be to get the plan in order, so that further damage was not done in the area through lack of a p1an. � � � REGULAR COUNCIL MEETING, FESRUARY 19, 1968 : �� �� -� PAGE 5 ' MOTION by Councilman Harris to concur with the City Engineer's recommendatioa regarding the overall plan for intersection patterns on �ast River Road as presented to the Council. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unani- mously. The City Engineer also presented two detailed maps called Exhibit A and Exhibit B for the Osborne Road - East River Road intersection, which at present ends in a"T". He said that the County plans to improve this intersection this year, and the Council could give directions on the alignment they prefer. There was a discussion about the two plans Exhibit A would fo11�w the St. paul Waterworks easement and line up with 75th Way fox a square intersection, which would have the advantage of a better connection for a good flow pattern. Ae said that when the plat comes in on 75th Way, the land could be acquired for the intersection. He said that �xhibit B would be the cheaper plan because they would not have to acquire too much right-of-way, and the land is not too valuable, 6ut Exhibit A would be the better and safer solution Councilman Samuelson asked if the County would participate wrth the rea�.ignment if the Council appxoves it The City Engineer said that the City would request it on that basis. Theze was a discussion about the possibility of devaluating property, and ways to avoid it. It was suggested that the Council adopt both plans as Priority 1(�.�hibit A) and Priority 2(Exhibit S). The City Enginer said that if the two plans were presented to the County, he was sure they would take Exhibit S, because there would be less cost to them � MOTION by Councilman Harris to submit Exhibit A to the County as the Council preference for the interseceion of Osborne Road and East River road Seconded by Councilman Sheridan. IIpon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously. CIVIC CENTER CHANGE ORDERS - NO G-4 AND N0. E-8: The City Engineer said that they have not received any figures irom the architect on Change Order E-8, which is the lighting for the center area of City Hall, but that G-4 covers a credit in the amount of $1,661.79 for such items as hardware, plaques, concrete steps to fire statlon, etc , which were not installed. He said that this wi11 bring the total amended contract to $287,543.21. MOTION by Councilman Lieb1 to approve Change Order G-4 as presented. Seconded by Councilman SYe ridan. Upoa a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously Councilman Samuelson asked if the D. M. Noyes Construction Company has made their final inspection of the building, and if it has been made by the Inspection Departments of the City. The City Engineer said there was a long list of items that had been given to them, and most of them have been taken care of. Councilman Samuelson said he kn��w of a few items to be done, ' and the other Councilmen probably did also. He said he would like to see the punch list of items so the Council can add items or see that they have been covered. I II g��] N � � J REGllLAR COUNCIL MEETING, FEERUARY 19, 1968 PAGE 6 MOTION by Councilman Samuelson that the Council be furnished with-a punch- ' list of final repair items to be taken care of in the Civic Center so that the Council can add items they have noted. Seconded by Councilman Harris. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously. RESOLUTION ik25-1968 - ORDERING IMPROVEMENT AND FINAL PLANS AND SPECIFICATIONS, AND ESTIMATES OF COSTS THEREOF: STAEET IMPROVEMENT PROJECT ST, 1968-1 ADDENDUM �kl: The City Engineer said that the public hearing for this proposed improvement on 72nd Avenue north of the Norton property was held February 1.3, 1968, and now it was the Council'�s decision on whether or not to put it in. Council- man Samuelson asked aUout acquiring property. Councilman Liebl said that this had been discussed at the lact meeting, and if the people are willing to donate their property, they should not have to pay the condemning costs. The City Attorney said that there will be problem as some of the property owners are not going to donate their property. MOTION by Councilman Samuelson to adopt Resolution �k25-1968. Seconded by Councilman Sheridan. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously. The City Engineer said that at the hearing on 72nd Avenue there was no opposition to the improvement and everyone was given notice of the hearing. He said they had some difficulty making contact with Mr. Norton, but he ' wanted to be sure the Council was apprised that the property owners were given due notice. The Council discussed 73rd Avenue, and Councilman Harris asked on what basis could the City acquire land along 73rd Avenue The County is putting in a road from Stinson Boulevard to Central Avenue and may consider putting a road from Central Avenue to T.H 4k65 if the City acquires the right-of-way. MOTION by Councilman Harris that the Administration report back to the Council on a program for land acquisition on 73rd Avenue between T.H. �'�65 and Central Avenue. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. REPORT OF NSSSD MINUTES OF MEETING OF FEBRUARY 13, 1968 IN REGARD TO DESIGNWARE CONN�CTION: Councilman Harris said he asked the City Manager to put this copy of the NSSSD motion regarding Designware on the Agenda so the Council could see the motion as given He said there had beea a lot of discussion. He said there was a letter from the State regarding the quality of the effluent, and he thought Lt would be in order to send the Letter along to Designware indicating the approval to hook directly to the District's lines, and informing them that it is up to them to get together with the District, and to add enough water or chemicals to make the discharge acceptable to the District. Councilman ' Sheridan suggested that the cover letter give them a period of time after which they cannot dump into the creek to keep things going. Councilman Harris suggested 60 days, as that is the time given in the letter from the State REGULAR COUNCIL MGETING, FEBRUARY 19, 1968 ' MOTION by Councilman Harris that the Admnnistration send a letter to Design- ware that it is up to them to contact the District about making connection, that they must make their effluent acceptable to the District, and that they wi11 only be allowed 60 days to dump in the creek. Seconded by Councilman Shexidan. Upon a voice vote, there being no nays, Mayor Rirkham declared the motion carried unanimously. PLANNING COMMISSION MEETING, FEBRUARY S, 1968; 1. PUBLIC HEARING: REZONING REQUEST, ZOA ��68-01, EL➢OI3 SCHMEDEKE: LOTS 16 THROUGH 19, BLOCK 12 AND LOT 30, BLOCK 31, IlYDE PARK ADDITION. REZONE FROM R-2 TO C-2- Councilman Lieb1 said that Mr. E1don Schmedeke had requested this rezoning and was present at the Council Meeting. Mr Schmedeke said that he had asked for a simple rezoning, so that his property would be rezoned Yhe same as the property across T.H. ��47, and he could see no reason why the request had been tabled. He said that the Planning Commission feels they need a Planner, at the cost of $2,000, and he did not agree wrth spending $2,�0� on a simple request. He said that if the Council is hiring a City Planner within the next three months, they would rather work with him rather than a planning consultant. Mayor Kirkham said that the PLanning Commission is trying to consider a11 angles of the situation, and to make certain that it will be the best plan for the City. He said that his own personal xecommendation, would he not to hire a consulting planner, but a staff � planner as intended, and have him consider the whole pro�ect. M<.yor Kirkham said that he did not feel that Mr. Schmedeke's request should have to wait for action on a planner, but should be acted on immediately He said that he considered this rezoning request �ust a correction, and should be taken care of as soon as possi6le, and the Council must act with all haste in hiring a staff planner to study the overall pro�ect Councilman Sheridan said that he concurred, and would ask that the PLanning Commission give Mr. Schmedeke`s request reconsideration prior to March 11th, when he felt the rezon�ng request should have a public hearing MOTION by Councilman Sheridan to set the date oP March 11, 1968 for a PubLic Hearing to hear the rezoning request of Mr Schmedeke to rezone Lots 16 through 19, B1ock 12 and Lot 30, B1ock 31, Hyde Park Addition from R-2 to C-2. Seconded by Councilman Harris. IIpon a volce vote, there being no nays, Mayor Kirkham declaxed the motio❑ carxied unanimously Councilman Harris said that the Council some time ago set criteria and qualifications for the planning position, had received applications, and he felt this should be pursued. �,� ,. � , PAGE 7 MOTION by Councilman Harris to request the City Manager to review the qualified applicants for the planner position and report back to the Council. He said that if the City Manager felt any or a11 of the applicants were qualified, he could call them in for an interview, and come back with a � recommendation for the Council Seconded by Councilman Samuelson Councilman Liebl said that the Chairman of the Planning Commission, who had asked for a planner, was present at the Council Meeting, and he would like to ask him his opinion of whether the Planning Commission would prefer that I ,_F; � s REGULAR COUNCIL MEETING, FEBRUARY 19, 1968 PAGE 8 the City get a full time planner as a City employee, or ,7ust ca11 in one ' when there is a need in a specific area. Mr. Robert Hughes said that the Planning Commission had discussed this at some length about three months ago, and at the time the committee reviewed the applicants. He said that at that time it was their unanimous opinion that it was relatively clear the City could use z time services by a professional planner and they recommended this to the Council. They felt that if there were sufficient other duties besides the work relative to the Planning Commission, a fu11 time planner could be hired Mayor Kirkham said that in the memorandum the Council received from the City Manager, it had been his recommendation that a City Planner could handle the Standards Control, and oversee the Inspection Department, so he was needed. Councilman Lieb1 asked if his qualifications wotzld be an engineering background. Councilman Samuelson said this was correct. The City Manager said that we might not be abLe -_o get a degreed engineer, but we might have to settle for a man with exper.tence in planning. The VOTE upon the motion was a voice vote, there being no nays, Mayor Kirkham declared the motion carried. 2. RICE CREEK ROAD/CENTRAL AVENUE PLAN: Councilman Lieb1 asked the Chairman of the Planning Commission if the people in the area were agreeable to temporary cul-de-sacs. Chairman Hughes said there had been a discussion about the need for streets to go through, and the people were more concerned with whether it meant an assessment to the ' property owner, and he was not sure if it was a satisfactory answex or not. Councilman Sheridan felt this should be a separate lengthy study in itself for Council discussion, as some of the property owners in the area would like a yes or no on the p1an, as they cannot afford to �ust sit and do nothing. MOTION by Councilman Liebl to adopt the remainder of the Planning Commission Minutes. Seconded by Councilman Samuelson Upott a voice vote, there being no nays, Mayor Kirkham declared the motion carried. RECESS Mayor Kirkham called a 5 minutes recess. The meeting was reconvened at 9:55 P.M. CLAIMS: MOTION by Councilman Sheridan to approve General Claims 4�'14160 through 4F1429L 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 Liquor Claims y'�1906 through r'61979. Seconded by CounciLman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously. ' LICENSES• Councilman Liebl said that Mr. Bonnett, who has applied for licenses, is present at the meeting. He asked if Mr. Bonnet wi11 provide parking facilitzes and do the necessary remodeling as stated in the 13 items listed in the agenda ' � REGULAR MEETING, FEBRUARY 19, 1968 Councilman Harris asked Mr. Bonnett if he is going to work in the club himself Mr. Bonnett said he was going to manage the club I7imself, and he wi11 comply with the remodeling stipulations listed. �i, , _' PAGE 9 MOTION by Councilman Lieb1 to grant the licenses with the licenses applied for by Mr Eugene Bonnett to be contingent on compliance with the remodeling as outlined by the Health Inspector. It was pointed out to Mr. Bonnett that his building permit has to be brought up to date with the work being done, and he is to submit his plans, landscaping plan, and parking plan Tlie motion was seconded, and upon a voice vote, there being no nays, Nlayor Izirkham declared the motion carried unanimously. Following are the licenses approved with the contingency stated in the motion: GENERAL CONTRACTOR Weikleenget and Sons 1601 127th Avenue N.W. Coon Rapids, Minnesota HEATING Cttywide Plbg. & Htg. 2727 East 17th Avenue St, pau1, Minnesota CIGARETTE RENEWAL NEW By• Peter Weikleenget By: Wayne G. Vail APPROVED BY Suilding Inep� Heating Insp Computerized Golf RENEWAI, BY: L1oyd Mi11er Police Department 6235 Highway 65 Fridley, Minnesota THE FOLLOWING LICENSES FOR EUGENE BONNETT ARE CONTINENT UPON HIS PROPOSED REMODELING, AND IF ALL REMODELING IS COMPLETED, THE HEALTH INSPECTOR WILL APPROVE ALL LICENSES: CAFE CLub 47 6D61 IInl�ersity N.E. Fridley, Minnesota CIGARETTE Club 47 6061 University N.E. Fridley, Minnesota �'ON - SALE" � Club 47 6061 University N E. Fridley, Minnesota NEW NEW NEW BY: Eugene Bonnett BY: Eugene Bonnett BY: Eugene Bonnett Police Department Police Department 1� � ;'r REGULAR COUNCIL MEETING, FEBRUARY 19, 1968 PUBLIC DRINKING PLACE Club 47 6061 Universrty N.E. Fridley, Minnesota TAVERN Ciub 47 6061 University N.E. Fridley, Minnesota �STIMA.TES• NEW NCW BY: Eugene Bonnett BY: Eugene Bonnett PAGE 10 APPROVED BY Police Department' Police Department Councilman Harris asked if the Noyes estimate was their last certificate The City Engineer said that this is not the last certificate. He said that $7,000 is being retained on the B. M. Noyes contract. MOTION by Councilman Harris to approve for payment the following estimates; D. M. Noyes Constructioa Company General Contractors 100 West Eranklin Avenue Minneapolis, Minnesota Fridley Civic Center Certificate No 12 (February 14, 1968) Dunkley Surfacing Company 3756 Grand Street Northeast Minneapolis, Minnesota Estimate ik10 (Partial) - Street Improvement Pro�ect No. ST. 1966-1, Schedule A, according to contract Suburban Sewer and Water, Inc 4550 Central Avenue Northeast Minneapolis, Minnesota 55421 Estimate ikl - Sanitary Sewer, Water and Storm Sewer Improvement Pro�ect No. 88, according to contract. C. S. McCrossan, Inc. Sox 336 Osseo, Minnesota Estimate 4k4 - Sanitary Sewer, Water and Storm Sewer Improvement pro�ect No. 84, according to contract $20,269 21 $34,707.59 $26,285.40 $19,199.56 The motion was seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declared the mo�ion carried unanimously. ' 1 � � ' REGULAR COiTNCIL MEETING, FEBRUARY 19, 1968 AND DIRECTING THE COMBINING OF SPECIAL [ci�] �1 CITY VIEW ADDITION: MOTION by Councilman Harris to adopt Resolution �k26-1968 Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously. RESOLUTION �E27-1968 - AUTHORIZING AND DIRECTING THE COMI3INING OF SPECIAL ASSESSMENTS ON LOT 3, PARCEL 4760, AND LOT 4, PARCEL 4750, SLOCK 11, HYDE PARK ADDITION• MOTION by Councilman Samuelson to adopt Resolution 4k27-1968 Seconded by Councilman Sheridan Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously. RESOLUTION ,��28-1968 - AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON PARCELS 7200, 7800, AND 9000, SECTION 12: Councilman Sheridan asked where these parcels we�e located The City Engineer showed the location on the Section Map. MOTION by Councilman Sheridan to adopt Resolution ik28-1968. Seconded by Councilman Ziebl. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously. DISCUS3ION OF POSSIBILITY OF A DAY SCHOOL IN PRIDLEY: Councilman Sheridan said he had been asked by �i.�� AtHronn�n, and �sut��y �o�¢issxoner Harvey peterson that the Council discuss the possibility of a day school being built acxoss from the Rice Creek School on Arthur Street. He said that the County is confronted with a problem, because after the 1st of August they wi11 no longer be aUle to use the Hayes School Annex, as the school will need the space. He said there were three tax delinquent Lots - LOTS 18, 19, 20, Blocii 3, Oak Grove Addrtion, on whlch the County wishes to 6ui1d a split level home with stucco/brick construction, and a fenced yard. The aesthetics would be the same as the rest of the area. They would use the home as a day srhool, replacing the arrangement they have at present. Councilman Sheridan said he had advised them that as the pxoperty is zoned R-L, they would pro6abLy have to get a Special Use Permit, rather than changing it to public use, so that the house could be sold for residential purposes if there was a change He sa7.d that under the terms of the Grants they receive, they are able to receive 50% of the cost of the building which would cost approximately $3D,000. Councilman Sheri3an said he had told Commissioner Peterson, that 2f the Council concurred with the concept, they would have to follow the regular procedurQS, which they understand, but they ��id not want to go ahead with their plans if the Council did not want them to contin¢�.. Councilman Samue�son said he could concur with their idea, and suggested that the City Manager contact the two �nen,an�i offer his help in any way that he could. � �I i _'�r ��(, PAGE 11 _ /,I '� �a`�. -_ REGULAR COUNCIL MEETING, FEBRUARY 19, 1968 PAGE iz MOTION by Councilman Sheridan that the Council cflncur with the idea for � a Day School in Fridley, if the County Commission is willing to follow the normal procedure in going through the appropriate committees. Seconded by Councilman Harris. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously. COMMUNICATIONS• �� FRIDLEY INDUSTRIAL PARK PLAT N0. 2: The City Engineer said that this Plat will have to 6e approved again because it is more than 90 days after the original Public Hearing. He said they have sent the preliminary engineering fees. The City Engineex also pointed out several things the Council may want to consider, such as, they may be building in the same kind of problem the City has had in other areas, where the existing service road would come into the intersection very close to the highway, and the size of the lots are less than 1/2 acres, which is sma11 for light industrial. Councilman Harris said that developers may be willing to upgrade the plat as to size and r m dways. There was a discussion about the road arrangement and the possibility of working a small industrial park out of this parcel and the one next to it MOTION by Councilman Harris to receive the communication from Mr. Dobis regarding Fridley Industrial Park Plat No. 2, and ask the Administration to prepare their suggestions regarding this parcel, and that the requested ' plat approval be submitted to the proper committees for their consideration. Seconded by Councilman Samuelson. Upon a voice wte, there being no nays, Mayor Kirkham declared the motion carried unanimously. RESOLIITION �k29-�1968 - AMENDING RESOLUTION N0.6-1967 ENTITLED "ESTABLISHING WORKING CONDITIONS, WAGP�S AND HOURS FOR EMPLOYEES EMPLOYED BY THE M[JNICIPAL LIQiIOR STORE (ON-SALE): The City Manager said that after several meetings with the IInion, an area of consideration has been reached, which the Union has approved. He out- lined the hourly wage increase, and explained a change in uniform allowance. The City Manager said he would recommend that the Council approve these terms as negotiated MOTION by Councilman Samuelson to adopt Resolution �'2}1968. Seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declared the m�tion carried unanimously, CONTINUED DISCUSSION OF TRUCK BIDS; The City Attorney said he has reviewed this rtem, and the law is that if a deviation from the advertised specifications is suhstantial and would affect the money amount, the Council must re�ect all bids that do not conform to the specifications as advertised. He said the decision would have to be made on whether the deviation is substantial. Councilman Harris said he thought ' this would be a 1ega1 question, and asked the City Attorney if he thought it was substantial. The City Attorney said he was not an expert on trucks, but there were three ma�or inconsistencies with the specifications on the Bi11 Boyer Pord bid. He outlined the inconsistencies and said if in the REGULAR COUNCIL MEETING, FEBRi]ARY 19, 1968 ' opinion of the Council, these three items would substantially off�et the cost of the vehicle, the bid should be re�ected Councilman Haxxis said he felt this was a ma�or deviation, and a bidder must meet minor require- ments, and if he wishes to exceed the specifications this is his preroga- tive. Councilman Samuelson said he would agree, and he thought the bids should be restudied. Councilman Harris said there was a meeting with the Park and Recreation Commission February 26th and at that time the recommen- dation of the Administration could be consi3ered. The City Manager said that the City could go out for bids again by that time, or review the bids they currently have received. The Park Director said that they could find discrep.,ncles ir. all of the bids where they var�ed from the stated minimum requirements. He said that some were nomieal, but he felt they needed further investigation. He said he would suggest they study the bids again and come up with something more detailed. MOTION by Councilman Harris that Council action be deferred on the truck bids until the meeting of February 26, 1968, and that the Administration prepare a recommendation for the Council. Seconded by Councilman Samuelson Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously. Mr. Hamann, Edison GMC Truck Sales, �sked if they were supposed to hold the truck in stock for a week. He said these truck sales were highly seasonable, and they also had a bid bond, and there was no stipulation how , long this would be delayed. Councilman Harris said that the normal con- sideration on bids of this type was 10 days, and they could no� have been awarded this evening if there had not been a scheduled Council Meeting. He said the Council wants Clarification of this situation, and he feels the bidders will also, so this will not happen again Counciliman Harris said that rather than re�ect the bids, he would rather see a voluntary withdrawal by the truck companies if this is a hardship for them. MOTION by Councilman Sheridan that the Administration honor any voluntary withdrawal by a bidder during the interim that the bids are being studied, and return their bid bond Seconded by Councilman Harris. IIpon a coice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously. COMMUNICATION - TO TWIN CITY RAPID TRANSIT COMPANY: f I { i �F PAG� 13 The City Manager had a prepared Letter, for the Mayor's signature, to the Bus Company requesting extended bus service after 6:00 P.M. He requested service from downtown at 9:15 P.M. and 11:00 P.M. MOTION by Councilman Harris to concur with the City Manager and approve the communication to the Twin City Rapid Transit Company as presented. Seconded by Councilman Samuelson. tSpon a voice vote, there being no nays, Mayor Kirkham rleclared the motion carried. ' COMMUNICATION - KING CHALET: Councilman Harris asked Mr. Lindell, developer of the King's Chalet, if the NSSSD had made a visual investigation at the King Chalet. Mr. Lindell said fa� / � � REGULAR COUNCIL MEETING, FEBRUARY 19, 1968 PAGE 14 that they did not feel it was necessary as they had the report from the ' plumbing Lnspector. Councilman Harris said that the Councxl is only a go between, and it would be against the Council policy to give an arbitrary decision. He said that the Administration could send a cover letter with his letter to the NSSSD and ask them to revaluate the number of RECs assigned to the ILing Chalet. He was told that if the District re-evaluates and finds they use Less than 32 RECs, an ad�ustment wi11 be made in the 3 RECs. Mayor Kirkham said that for uniformity on the policy, NSSSD is asked to set the rate, and they wi11 be asked to review it. Mr. Lindell said this does not satisfy him, because the RECs as set are probably accurate, but if they are not being used, he should not have to pay at once, but in the future when they are being used. Mayor Kirkham said that he may have a good case, but he must go through the District. Mr. Lindell asked about an alternate plan to use a different location in the Mall. Councilman Harris said that if there is a floor drain, he would be assigned RECs for that area. Mr. Lindell asked what if he had no sink? Councilman Harris said he would have to talk to the Board, and he questioned whether the sink requirement could be waived. MOTION by Councilman Harris that the Administration send a cover letter along with Mr. Lindell's letter to the NSSSD asking them to re-evaluate the number of REC's assigned to the King Chalet. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously ' TAX FORFEIT PROPERTY FOR PARK PURPOSES: Councilman Sheridan said that regarding the memorandum from the City Assessor, and in view of the Park and Recreation Commission's desire for certain tax delinquent lots, he suggested that the Adm2nistration notify the County of the lots the City wishes to have withdrawn from the sa1e. The Finance Director said the County would like the City to sign a document that would authorize them to place on the tax forfeit sale list all other lots except the ones the City is interested in. Councilman Harris said he ku uld like to see a list of Zots s✓ailable indeatified on a map before a paper is signed releasing the lots, as the City may see something else that should be considered. The Finance Director said that the tax forfeit sale is in Apri1, and they would like to get started on the paper work, so lf there are lots the City is interested in, this should be communicated to the County. The City Engineer said he could have a map prepared for the meeting w'tth the Park Commission February 26th. MOTION by Councilman Liebl that the CLty Engineer prepare a map showing the tax delinquent property for the meeting of February 26, 1968. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously. The Finance Director said that the County has approached the City on the matter of spreading the assessments on property sold at the tax delinquent , sale over the years of the bond, instead of paying it in fu11 at the time of the sale which s,*�u1d make the lots more saleable. He said the City would withdraw the certificatioa and recertiEy the assessments for the period of time that the bonds run. REGULAIt COUNCIL MEETING, FEBRU�;RY 19, 1968 � MOTION by Councilman Sheridan that the AdministratLOn prepare a resolution authorizing the spreading of assessments on tax delinquent lots sold over the balance of time left on the funded bonds. Seconded by Councilman Harris Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously. Councilman Harris questioned the possibility of the City acquiring more land if the assessments were paid as they come due, and be paid on a yearly basis, instead of having to pay for it a11 at once and tl7e land �ust sitting vacant. Councilman Sheridan said that this would be binding future Council's budgets to a d�bt Councilman Liebl said "'this would be fine if the land was to be used in the near future, but he felt it would be wasting taxpayers money, if the land 1ay not being used. NE6d APPOINTMENT TO THE MAYOR'S LIQUOR STUDY EVALUATION COMMITTEE: Mayox Kirkham stated that when Mr. Robert Minder had accepted the appointment to the Evaluation Committee, he had not known he was going to have to be out of town during this period He said that Mr Minder was a businessman reptesenting the Chamber of Commerce, so in his place he would appoint the current president of the Chamber of Commerce, Mr. William Jensen, 589 Rice Creek Terrace Northeast � ' � �yr e.�L�" 6 PAGE 15 MOTION by Councilman Harris to concur with the appointment of Mr. William Jensen to the Mayor's Liquor Study Evaluation Committee. Seconded by Council- ' man Samuelson, Upon a voice vote, there being no nays, Mayor Kirkham declared the motio❑ carried unanimously. COMMUNICATION: STATE OF MINNESOTA POLLUTION CONTROL AGENCY: Mayor Kirkham read a communication received from the Pollution Control Agency advising that Forest Lake intends to dump treated effluent into the Rice Creek basin and they are holding a hearing March 6, 1968 at 9:00 P M. and he felt someone should try to be there to state the City's ob�ections. MOTION by Gouncilman Harris that the CiYy Attorney and City Engineer represent the City of Fridley at the Public Hearing, and that a copy of the letter be sent to Mr. Howard Grivna, Chairman of the Rice Creek Associa- tion. Seconded by Councilman Samuelson, Upon a voice vote, there be�ng no nays, Mayor Kirkham declared the motion carried. OIL COMPANY. REGARDING PUBLIC HEARING: Mr. James McDonald, representing the American Oil Company, said he had received a copy of a letter written to the City of Fridley by Spring Lake Park regarding the service road Location on the property owned by the Amerxcan Oil Company. He said that the request for a Special Use Permit had been tabled by the Council, and they would n;�w like to set up a second public hearing for Council consideration. He said that they would like to ' redraw the p1at, and if there are any suggestions the Administration has, they would like to have them for the redrawing -� SEE CORRECTION, UNDER HEADING,"APPROVAL OF MINUTES, C�UNCIL MEETING OE FEBRUARY 19, 1968:^ IN THE MTNUTES OF MARCH 4, 1968, PAGP� ONr' � �� � 1 A� �� � REGULAR COiNCIL MEETING, FEBRIIARY 19, 1968 Councilman Sheridan read the Minutes of the Council Meeting of February 5, 1968, in which the Council members gave their opinion of not being in favor of granting a Special Use permit, but said that it is American Oil Company's prerogative if they still want a Public Hearing Mr. McDonald said they would want a Public Hearing, and he was informed that if he will make formal application, the Council will act on the application and set a date for the Public Hearing. ADJOUR.NMENT: There being no further business, Mayor Kirkham declared the Regular Council Meeting of February 19, 1968 ad�ourned at 11:11 P.M. Respectfully submitted, C/7 ��/l� �� � � J ///L"✓�L� v��C/C/ 5 � � Mary Lu Strom Secretary to the Council , � �� �j /� �/� + C �` �eCi1'� L� i i)� �. .iit��.-. % - r ,� Jack 0. Kirkham � ; MAYOR �,� PAGE 16 ' ' ,