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03/18/1968 - 00020390' � � , I, � A THE MINUTES OF THE REGULAR COUNCIL MEETING OF MARCH 18, 1968 The Regular Council Meeting of March 18, 1968 was called to order by Mayor Kirkham at 8:06 P.M. OPENING CEREMONY: Mayor Kirkham asked everyone to stand and �oin in saying the Pledge of A1legiance to the F1ag. Reverend Gilbert C. Anderson from the Fridley Covenant Church gave the Invocation. ROLL CALL: MEMSERS PRESENT: Kirkham, Liebl, Harris, Samuelson, Sheridan MEMBERS ASSENT: None APPROVAL OF MINUTES, REGULAR COUNCIL MEETING, MARCH �, 1968; MOTION by Councilman Harris to adopt the Minutes of ihe Regular Council Meeting of March 4, 1968 as submitted, Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Izirkham declared the motion carried. APPROVAL OF MINIITES. SPECIAL PUBLIC HEARING MEETING OF MARCH 11, 1968• MOTION by Councilman Lieb1 to adopt the Special Public Hearing Meeting Minutes of March 11, 1968. Seconded by Councilman Samuelson Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. ADOPTION OF AGENDA: Mayor Kirkham said that there were several items to be added to the agenda Item SA, "MAYOR'S REPORT REGARDING BUS SERVICE". Item 9a, "D. i�7. ONAN STDRM DRAIN". Item 28, "LOAD ZIMIT RESTRICTIONS". Item 29, "FLOOD INFDRMATION STUDY AND RESOLUTION". Ttao Communications were added to the Agenda, (D)"CHARLES T.ANGER: CONTINUATIO�V OF LIQUOR STUDY", and (E) REVEREND HENDERSON: LETTERS REGARDING RICE CREEK/CENTRAL AVEN(7E PLAN" Item 14, "RESOLUTION AUTHORIZING THE CREATION OF A PUBLIC SAFETY CONSTRUCTION FUND" was deleted from the agenda and is to te brought back April 1, 1968. MOTION by Councilman Liebl to adopt the Agenda as amended. Seconded by Counci',man Har'tis. Jpon a voice w te, there being no nays, Mayor Kirkham declared the motion carrled unanimously. AWAADING OF CEATIFICATES OF ACHIEVEMENT AND APPRECIATION: ' Mayor Kirkham said that this is the first time the Council has pr�sented Special Awards, and that it aas a pleasure to do so. He read the names of the past Committee and Commisson members that were to receive Certificates of Apprecia- tion, and asked the following persons to come forward and receive their plaques; �"�°V �,_ REGULAR WUNCIL MEETING, MARCH 18, 1968 PAGE 2 Mr. Wayne F. Saunders, Board of Appeals; Mr 7ames Spence, Parks and ' Recreation Commission, Mrs. Helen Treuenfels, Human Relations Committee; lfr, Thomas Myhra, Human Relations Committee, Mr. William Stukas, Human Relations Committee. Mayor Kirkham said that there are an outstanding bunch of athletes at the Fridley High School, and these young men have participated in the State High School Wrestling Tournament, and the Council would like to recognize them. He presented Certificates of Achievement to the two wrestling coaches, Mr. Don Meyers and Mr. Walt Wenholz, and to the following members of the wrestling team; Mr. Richard Aune, Mr. Steve Carlson, Mr. William Massof, Mr. Kevin Knudson, Mr. Steve Lind, Mr. Roger Lennox, Mr. Alan Palmer, Mr. Kenneth Cochran. CONSIDERATION OF RICE/CREEIZ CENTRAL AVENUE PLAN: Mayor Kirkham read the Public Notice. The City Engineer explained briefly that early last year the people in this area wanted to develop some of the pazcels. The Planning Commission felt a study of the overall area should be done and hired Hodne and Associates to develop a road plan for the area which was brought before all the people concerned last March. The City Engineer said that many meetings have been held by the Plats and Subdivisions Subcommittee and tay the Planning Commission, and the final plan before the Council is the one they recommend. Councilman Harris asked how many people attended the Council Meeting in regard to this item. 9 people raised their hands. Councilman Harris asked how many of these people were in favor of the p1an. 6 people raised their ' hands. He asked how many people were opposed to the plan and 3 people raised their hands. Mr. Reverend Henderson, representing the Peoples Church, 41st and Van Buren Street Northeast, said that the wishes of the Srustees of the Church remain the same as they have been and they would like to go on record opposing the plan. He said they purchased the property because there was other ground to go with it, and they were not anxious to see their piece of ground opened up for egress to the east and west. He said they have no plans to offer the Council on what they intend to do with their property, but at present would like to leave it as it is. He said that with a couple of changes in the plan 90% of the plan could be carried out, and sti11 leave an opening for the future use of Lot 1, Block 3, if they would change their position for any reason. Mayor Kirkham asked if there was anyone else in khe audience opposed to the plan. Mr. Theodore Theilmann, 1540 Rice Creek Road, said that his concern was whether he would be taxed for the two cul-de-sacs shown, if they were put in. The City Engineer said that if the improvement went in and his property benefitted from it, he thought the Council would choose to assess the property. She City Engineer saxd the plan is an overall plan, and would not necessarily develop this year or next year, but would give a general idea, so that if one of the parcels were to be developed, it would fit in with the rest, and the area would not develop in a hodge podge way. He said that Mr. Theilmann's parcel is fairly large, and the value would ' probaUly go up once the property around it was improved. Mr. Theilmann said he did not believe as many lots could be developed as shown on the map. The City Engineer said that the plan shows that Mr. Theilmann would need some additiunal land to develop his property into 7 lots. REGULAR COUNCIL MEE7'ING, MP.RCH 18, 1968 PAG� 3 � Councilman Harris a:,ked Mr. Theilmann if he would be opposed to the plan, if the Council decided that there was no benefit to his property from the cul-de-sacs Mr. Ttieilmann said he would have no ob�ection if there was no additional cost. There was a dzscussion regarding the dotted lines shown on the map, aiid it was explained that if this propertiy was subdivided, the dotted Lines inclicated where the two cul-de-sacs could �oin into a street. Mayor Kirkham said that the Council would not put in streeCS unless they were petitioned for He said the Zdea would be to adopt a plan that could be followed as the �;roups of parcels develop, but nothing would be done until the people wanted it developed. Councilman Liebl ret�d the Minutes of the Planning Commission regarding this plan from thei� meeting of February 29th. He said he thought the Planning Commission has been very fair in this matter as they have con- sidered both the smt�ll and big property owners Mr TheiLmann said again that he would be in favor if no roads, or sewers were put in. Mrs. Theilmann was the tturd person who had raised her hand as being opposed Mayor Kirkham asked if anyone wished to speak in favor of the plan. Mr, RLChard Carlson, 3509 Maplewood Drive, said that he and his father own a parcel on the east side ad�acent to Mr. Theilmann, and that a year ago they came in for a]and alteration permit He said they feel this will benefit the entire <<rea in the future, and they would like knowing the , generalities rather than come in wxth a plan of their own that may not fit in. He said he thought the Planning Commission had done a good �ob, No one else in favos wished to speak. Mayor ILirkham asked Mr Hughes, Chairman of the Placming Commission, if he had any comment to make. Mr. Hughes said that the Planning Commission views have been given previously, and thexe was nothing new he could add. Councilman Lieb1 asl�ed Reverend Henderson how many peopLe the City would be dealing with, if a future Counczl has to give approval of the street pattern. Reverend F[enderson said it would be �ust the trustees, three men and himself. Reveren�: Henderson came to the Council table and pointed out an altexnate plan bringing 2 roads down together Mrs Skog came to the Council table and ob�ected to his idea as it would affect her property and shE would be required to pay for far more improvements and streets. Councilman Harris svggested that the Council meet with the Planning Commission before they make a oecision, as the Planning Commission has spent a 1ot of time studying this, but the Council is seeing it for the first time. Council- man Lieb1 said that his ideas tied in with the PLanning Commission, who he felt had done a ver;� good �ob. There was a discuss�on about another possible way of bringing the streets in, but Mrs. Skog said ihat if this was done, they would not have enough land on one end and she siould have 4 lots that she could not sell. ' Councilman Sheridan suggested that the communications from Reverend Henderson to the Planning Comnussion may be a help to the Council in making their decision. r'r ; 4 l.rv REGULAR COUNCIL MEETING, MARCH 18, 1968 PAGE 4 MOTION by Councilman Sheridan to receive the copies of five communications , that Reverend Henderson has written the Plamm�g Commission over a period of tims. Seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor P.irkham declared the motion carried unanimously MOTION by Councilman Samuelson to receive the proposed plan as outlined hy Hodne and Associates and as recommended by the Planning Commission and any othex communications received relating to this pro�ect Seconded by Council man Sheridan. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried, Councilman Harris asked if anyone was planning any immediate development in this area. Mr. Carlson said they would not 6egin until they have a proper road plan to follow, but it may be delaying them, if it is not decided before the summer is over. Councilman Sheridan said he had received a ca11 from Mr. 0'Bannon who was out of town and could not attend the meeting, and he had said he was in favor of the plan as presented, and wants a street plan accepted so he can start moving. MOTION by Councilman Harris that this Rice Creek/Central Avenue Plan be brought back to the Council at the second meeting in April, which will be April 8, 1968. Seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously. CONSIDERATION OF REZONING REQUEST - ELDON SCHMEDEKE: Mayor Kirkham said that the Public Hearing on this rezoning request had been ' held before the Council at the last meeting, and he is sure 6oth the Planning Commissic�n and the Council recognize Mr. Schmedeke's plight and that he has been forced to operate on a Special Use Permit, while he had assumed he was operating in a commercial area. He said the Council is fully aware that there should be a correction made, but he felt in his mind that he would like to ask Mr. Schmedeke if he would wait for a delay in the action so that the Council could study this portion of the area. He said he under- stood that may people in the area would like rezonings and that there are many abandoned dwellings so the best thing would be to have it rezoned so that it could develop into commercial property or rezoned into a higher use. He said that while the Council was studying it, Mr. Schmedeke could he granted a Special Use permit for the propexty he wishes to develop for his operation so that he will not be penalized by the delay. He said that at this time, the Council could see if the Mianesota Highway Department would go along with a slip-on ,and slip-off ramp for better access to the area. Mr. Schmedeke said he appreciated the time the Council was giving to this request, but the Planning Commission has had 12 years to come up with some- thing, and they have not done anything. lie said that his original plan had been to get his property rezoned first, and then work with the people for the rest of the area. He said he has gone through all the legal steps, a nd feels that his rezoning should be done at this time. Councilman Harris said that he had looked this area over with Mr, Schmedeke � a couple of weeks ago, and felt Mr. Schmedeke should be commended for his efforts in cleaning up the area. He said that the Planning Commission has had many opportunities to discuss this area, and he *�u uld suggest that prior � � i_� „ i� i REGULAR COIINCIL MEETING, MARCH 18, 1968 PAGE 5 , to any decision, because of the size of the area, he would like to sit down with the Planning Commission and discuss this with them. He said he felt he would be remiss if he did not have the comments of the Planning Commission regarding the Hyde Park rezoning area. Councilman Samuelson said he would concur with Councilman Harris that the entire area should not be done in a one time operation and needs review by the Council and the Planning Commission prior to any rezr,ning in the area. Councilman Harris said that asking for a �oint meeting with the Planning Commission would not mean that Mr. Schmedeke's request was being denied, but would give the Council an opportunrty to ask each member of the Commission why they had decided as they had. Mayor Kirkham said he had encouraged Mr. Schmedeke to petition for this rezoning, but to make sure that it is done without making an error, the Council should give it thorough consideration with the Planning Commission. Councilman Lieb1 said that the Hyde Park area is one area that has been neglected in the past by previous Councils. He said that the people took the initiative and tried to clean the area up, and their initiative should not be discouraged or they should not be dictated to. He said he would like to see Mr. Schmedeke receive a yes or no on his request. He said he would like to see it rezoned. Councilman Sheridan said he did not see where granting this rezoning request would disrupt the larger tract or the study of it by the Councilmen. He � said he felt the Planning Commission was in agreement with the rezoning request, but they are looking at it from the overall standpoint and this was the reason for their recommendation of denial Councilman Harris said he would make a motion that the Council have a joint meeting with the Planning Commission and at the same time discuss the Rice Creek/Central Avenue plan with them. Councilman Liebl said he would Like to state for the record that he has been at every meeting held on this, because it is in his Ward, and there has not been one ob�ector, He said the people in the area are in wholehearted agreement. Mr. Carl Paulson, a visitor to the Council Meeting, asked what kind of study the Council felt was necessary. Mayor Kirkh3m said that the Council has not discussed this with the Planning Commissi;n and the City Manager has had some experience in planning, but they have not had a chance to discuss it with him. He said it may be that if it is a11 zoned commercial with no restrictions, it may a11ow too many things to come in, and a study sho�;�.d be made and brought back before any decision is made. Councilman Harris said that he would add to his motion that this be brought back at the Regular Meeting of April 1, 1968. The Secretary re-read the motion as follows: MOTION by Councilman Harris that the Council hold a �oint meeting with the , Planning Commission, and at the same time discuss the Rice Creek/Central Avenue Plan, and bring it back at the ReguLar Council Meeting of April l, 1968. Seconded by Councilman Samuelson } ' � i '1 REGULAR COUNCIL MEETING, MARCH 18, 1968 PAGE 6 Councilman Liebl asked Mr. Schmedeke what his opinion was Mr. Schmedeke , said there was a house on the property that he was planning on taking down, ❑ow he wi11 be taxed on it another year, and the spring is when automobiles sell and he needs the place to display the merchandise he sells, so there are other considerations in the delay. Another visitor to the Council Meeting asked what two additional weeks would prove, if they have known about it for two years. Mayor Kirkham said that he was in favor of the rezoning, but he was not certain he understood the Planning Commission's reasons for their stand, and would like a chance to d iscuss it with them. Upon a voice vote, Councilman Liebl voting nay, Mayor Kirkham declared the motion carried. MOTION by Councilman Liebl that the Council grant the rezoning request of E1don Schmedeke to rezone Lots 16, 17, 18, and 19, Block 12, and Lot 30, Block 21, Hyde Park Addition from R-2 to C-2. Seconded by Councilman Sheridan. Mayor Izirkham stated that the Council had �ust passed a motion 4 to 1 to study this and bring it back for April 1, 1968. Councilman Harris said that under Robert's Rules of Order the motion to table would take precedence. Councilman Sheridan said that he had asked that the motion be read, and it did not ask that this be tabled. Councilman Liebl said he had an action on the floor and would ask for a roll ca11 vote. Mr. Paulson said that the next step will be more rezoning requests, and the people across University � to the east will want rezoning Councilman Harris said it seemed illogical to study this and ask to bring it back at the April lst meeting, and then vote on this past motion Councilman Lieb1 said that they would be studying the rest of the area. He said he would ask for a roll ca11 vote. Mr. Robert Hughes, Chairman of the Planning Commission, said that the discussion has been extensive, and the consideration given to it by the PLanning Commission has been very serious. He said the basic question is not solely concerned with Mr. Schmedeke's property. He said that more zoning appLications have come in from this area, and this is the 3rd time the Planning Commission has recommended against a rezoning on the grounds that the area is improperly zoned at present, and they have asked for profes- sional assistance to help with an overall plan for the area. He said that zoning is strongly tied to precedent, and in hearings in the previous weeks most of the people had indicated they were interested in rezoning at some later date. He said that if the City rezoned Mr. Schmedeke's property without a p1an, it would be very difficult to turn down similar requests for property in the same general area. He pointed out different types of 6usinesses that could come in if general commercial zoning was allowed without restrictions. Mr. Schmedeke told of rezoning requests for an apart- ment building to be built on 2 40' lots, which would have been 1/3 smaller than required. He said that one of the members of the Commission was willang to do this, but called Mr. Schmedeke's request spot zoning. Upon a ro11 call vote, Mayor Kirkham voted no, stating that he was against ' this motion in view of the motion passed to study this and bring it back at the next meeting for action April 1st. Councilman Harris voted no and stated he did so for the same reason. Councilman Samuelson voted nay, Councilman Liebl voted aye, Councilman Sheridan voted aye. The motion did not carry. � � 1 � ? 5 � REGULAR COUNCIL MEETING, MARCH 18, 1968 PAGE 7 CONSIDERATION OF DRAINAGE OF SHADY OAK ADDITION - ANDREW P. GAWEL CONTRACTING: The City Engineer said that in this area there is almost 12 feet elevation difference between Ferndale and the extention of Ben�amin He said that it wi11 6e no problem at this time to get the water from Ferndale to Ben�amin by surface, if this is necessary to take care of the water properly. Councilman Liebl asked if there was any danger of having Ferndale flooded by the 20% more water. The City Engineer said there would be no problem for Ferndale, but there may be some for the property that lies on the northeast corner of Ben�amin which is collecting most of the water at this time. He said that to really take care of the property a storm sewer is needed, and there is no other solution Mayor Kirkham said that Mr Gawe1 could be asked to sign an agreement absolving the City of any responsibitity for flooding the street or neighboring property. The City Attorney said that this kind of agreement could be requested. Mayor Kirkham asked Mr. Gawel if he would be willing to sign an agreement so the City would not be responsible. Mr, Gawel said he had suggested to the City Engineer that they build a culvert and a swale so the water would go to the hole that it is going to nr,w, and that he did not see where developing his lot would change anything. Mayor Kirkham said that if.he was sure there w�u1d be no problems, he should not mind signing the agreement. A visiting property owner in the area asked i£ the agreement would cover any damage on Ben�amin Street a1so, Mr. Gawel said he did not know how he would be responsible. Mayor Kirkham said that he would not be admitting liability, but the City would be absolved of any responsibility, and someone would have to prove that they had been damaged. Mr Gawel said that before he signed he would have to see his attorney on where the resonsibility would begin and end. The City Attorney said he could have his attorney call him if he was interested in pursuing this, and he will discuss it with him Mr Gawel said he would dothis. The City Engineer said that the City only has an easement along one side and he would recommend the City have an easement along the other lot also. MOTION by Councilman Sheridan that the plat as presented be considered the final plat only if an agreement is drawn and acceptable with the Legal D?partment ahsolving the City of any future responsibilit9.es, and that an Easement be acquired on the east and west side of Lot 7 Seconded by Council- man Liebl. Upon a voice vote, Gouncilman Samuelson voting nay, the motion carried. SECOND READING OF ORDINANCE N0. 385 AMEN➢ING CHAPTER 37, SECTIONS 36.07, 36.08, AND 36.09 REGARDING THE BOARD OF HEALTH: MOTION by Councilman Harris to adopt Ordinance �f385, waiving the second reading and publish. Seconded by Councilman Samuelson. Upon a roll ca11 voLe, Kirkham, Liebl, Aarris, Samuelson, Sheridaa voting aye, Mayor Kir'�ham declared the motion carried unanimously. �ING CHAPTER 37, SECTIONS 37 Ol CODE REGARDING CLEANING OF PREM SECTION MOTION by Councilman Lieb1 to adopt Ordinance ik386 waive the second reading and publish Seconded by Councilman Harris Upon a ro11 call vote, I�irkham Liehl, Harris, Samuelson, Sheridan voting aye, Mayor Kirkham declared the motion carried unanimously. I b REGULAR COUNCIL MEETING, MARCH 18, 1968 SECOND READING OF ORDINANCE N0. 387 AMENDING CHAPTER 335, SECTION 38.081 OF THE CITY CODE PROVIDING FOR THE SANITARY STORAGE OF REFUSE. GARBAGE SWILL, RUBBISH AND WASTE MATTER: MOTION by Councilman Harris to adopt Ordinance �'k387, waiving the second reading and publish. Seconded by Councilman Sheridan. Upon a ro11 ca11 vote, IZLrkham, Liebl, Harris, Samuelson, Sheridan voting aye, Mayor Kirkham declared the motion carried unanimously. DISCUSSION OF SIGN PERMIT - NAEGELE - T.H. ik65: The City Engingger said that the Naegele Company has not approached the City for the permits. He said that work is being done on a billboard ordinance and it will be checked by the City Attorney and ready for the next meeting. PAGE 8 MOTION by Councilman Harxis to table this item until the xegulax Council Meeting of Apri1 1, 1968. Seconded by Councilman Sheridan. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried, RESOLUTION 4�35-1968 PERTAINING TO LIQUOR STUDY OF HORWATH & HORWATH: Mayor Kirkham said that this resolution had been discussed at the last meeting, and has been in the agenda for study. MOTION by Councilman Samuelson to adopt Resolution �f35-1968. Seconded by Councilman Lieb1 for discussion. Councilman Liebl read the following prepared statement; "In regaxd to the Resolution pertaining to the Liquor Study of Horwath & Horwath which was put on this agenda by the urging of his honor the Mayor of Fridley, I�'want to make a following statement to the people of Fridley and to this m uncil. 1. The present Council ma�ority has already gone publicly on record that they are in favor of Private La.quor at our Republican City Convention this year. 2. The Mayor urged this Council last year to have a competent outside firm make an honest unbiased study of our present Municipal Liquor Operation and also give the Council a competent opinion based on facts and figures in other communrties which went from Municipal to Private Liquor. In my opinion, and in Lhe opinion of many who have read this Report, that wi11 cost the people of Fridley at least $3100.00, this same report has not produced the results and minimum criteria which could have been expected from a Firm of such outstanding reputation promised by his honor the Mayor. 3. Also I strongly psotest to his Honox the Mayor, the ways he is using through Che Chairman of the Evaluation Committee in muscling his opinion on this supposedly unbiased committee. Mr Mayor, we have authorized this Committee to Evaluate the Horwath & Horwath Aeport and not to come up with another N[ayor's Liquor Study Report which was already done once under your Administration and we received that report in December of 1966. 1 , � i , ;�� ', REGULAR COUNCIL MEETING, MARCH 18, 1968 � (LIEBL'S STATEMENT CONTINUED) 4. The Horwath & Horwath Firm wws asked by this Council to give us an opinion and figures by which we could honestly and competently make a decision on. In the report it says, and I quote: "The figures shown in this Exhibits are estimates which we cannot guarantee in any way Accordingly, we express no opinion on them," In the report it says, and I quote: "We cannot guarantee its authenticity, although we beli�cve it to be reliable." PAGE 9 Mr. Mayor, I ask you in the name of the people, can you really make a competent and honest decision in regard to Private Liquor based on this Horwath & Horwath Report? If you are an honest man and respect the peoples tax dollar as you so often proclaimed, then you would have to say no'. My Judgment Mr. Mayor is based on facts and figures when we are talking about the people of Fridley's tax dollars. We a11 know how much money the people of Fridley saved themselvps �ust because we have Municipal Liquor Stores in our City. If we as a Council want to give this up, I say to you and the citizen of Fridley, let us be sure why and for what. This report could not be used one way or the other. To say this resolution has to pass in order to �ustify the lack of payment is the biggest farce of a11 Mr Mayor, you recommended this Firm and the council acting in good faLth accepted your recommendation at face value. It is not surprising that the people of Fridley are asking who on the council has a personal interFSt. In my humble opinion and I am speaking as the councilman of the 3rd Ward now, � can you have the peoples interest at heart or on your mind and if you have, please, prove to me and the people of Fridley but not with estimates and pies in the sky, but with facts and figures and then have the courage to speak up and if you can't be silent on this issue until it is aired at the appropriate time. These are the reasons why I am not in favor of this resolution " This ended Councilman Lieb1's statement. Mr Wilbur idhitnore, a visitor to the Council Meeting, asked if the Resolution could be read. Mayor Kirkham read the resolution. Councilman Sheridan asked what the ob�ect of the resolution was. He said the City has ordered and received the report, held up part of the payment, and he said he was not concerned when they will get the balance of the payment. He said that on July 24, 1967 this item was added to the agenda at a Special Meeting and he had made a dissenting vote on proceeding with the report. He said that it was put on the agenda at this time so the report could be staxted and back in the Council's hands by October 1, 1967. He said it was received Fehruary 5, 1968 which was 90 to 120 dsys later, aad he said that as far as he was concerned, they could wait this long for their final payment He said he felt the report was po�rly done with little emphasis or work put into it, He said that he thought Horwath & Horwath were proUably wishing they had not let such a report go out to the public with their name on it He said he could not see what good the resolution was. Mayor Kirkham said that the resolution indicates that the report has erro,-s so that the public wi11 not be mislead into thinking the Council has adopted it as their official � opinions. He said it wi11 show that the Council is studying it, and because the report was ordered and received does not mean the Council has taken this position, and the report in no way reflects the position of the Council. The vote upon the motion to adopt Resolution �k35-1968 was a voice vote, with Sheridan and Liebl voting nay, Mayor Kirkh%,m declared the motion carried 3 to 2 �' , , ��d �� _ REGIILAR COUNCIL MEETING, MAACH 18, 1968 PAGE 10 Councilman Lieb1 said that in his statement he had strongly protested the � way he felt the Mayor was giving his opinion to what was supposed to be an unbiased committee. He said that the Council has asked the Committee to evaluate the Horwath report and have not asked them to come up with another Mayor's Liquor Report. He asked tf they were given full power to start a new liquor report. Mayor K�rkham said his directions to the Committee had beenthe same as given to any committee. His charge was to evaluate the report received from Horwath and Horwath and report back to the Council. Councilman Liebl asked if he was saying he had given the Chairman authority for nothing else. Mayor Kirkham said yes. Councilman Liehl said that he would prove this wrong at the next meeting. Mr. Paulson, a visitor to the Council Meeting, asked if there wi11 be a public hearing regarding this, or was the Council going to make a decision without the public expressing themselves. Mayor Kirkham said he was sure the public wi11 have many opportunities to express �hemselves. He said that he feels a certain number of residents would favor pxivate liquor, and a certain number wot+ld favor municipa7, liquor. He said that people express their opinions to him on both sides of the fence, and as he represents both of these grours, it is up to him to do this as fairly as possible, weigh a11 facts and study thoroughly. He said that in hiring a consultant he had relied on the advice of others, such as the Mayor of another community, and a large hotel that had used this firm to make a study for them. He said they came highly recoram�nded as lzadc�s ia �he field and he had recommended them to the Council in turn He said he has been accused of loading the committee, but he has put some people ' on the committee who are against liquor as he does not want people who would push one way or another. Mr. Paulson again asked about holding a hearing on this issue Mayor Kirkham said that this wi11 be on a referendum, as this was the intent of the Council. Councilman Liebl said that this will be done at the general election. MAYOR'S AEPORT ON FUTURE BUS SERVICE: Mayor Kirkham said that at the meeting of the Metropolitan Transit Commission he had requested they study the Fridley line and possibly Spring Lake Park. He said the City has received a firm committment for a pick up stop at the Holiday store, which would be the final pickup between Fridley and downtown. The Mayor said they were studying additional lots such as at the Ho11y Stores, the parking 1ot at the hospital, the Prince of Peace Luthern Church, the lot by the Spring Lake Park Liquor Store, and the parking lots at the County Library and Spxing Lake Park Shopping Center. He said that another possibility had been brought to him today to serve the Onan Company which may make it possible to make a loop and he will forward it to the Commission. He said that the Metropolitan Transit Commission had passed a resolution, are very much interested, and will be in touch with the City. AWARDING OF BIDS FOR GROUP HOSPITALIZATION INSURANCE (OPENED 10;30 A.M. MARCH 13, 1968): The report had aot been received from Bachman-Anderson,insurance consultants. � MOTION by Councilman Harris to table the awarding of the bids for group hospitalization insurance until the Regular Council Meeting of April 1, 1968. Seconded 6y Councilman Sheridan. Upon a voice vote, there being no ttays, Mayor Kirkham declared the motion carried unanimously. REGULAR COUNCIL MEETING, MARCH 18, 1968 `l1_� � r PAGE 11 � D.W. ONAN STORM DRAIN: The City Engineer explained that last October the City Council waived the requirement of the code and concurred with the request of the Onan Company to change the storm sewer pipe under the building from cast iron to reinforced concrete pipe. He said that the pipe installed does not meet the specifications given in the contractor's letter at the time of request, only the �oints meet the specifications. He said they want to make the Council aware of this. He said that the Onan Company and the engineers have been requested to come forward with their recommendation Council- man Liebl asked the Plumbing Inspector if he had made a report on this to the City Engineer. The Building Inspector said he had reported that concrete was not in the code. The City Engineer said the Council had waived the requirement of cast iron pipe to a11ow Onan Company to use concrete pipe, which was supposed to be used Councilman Harris said it seemed to him that because the owner and con- tractor have chosen to use something less than what the code requires, the responsibility should be solely on them for any repairs or defects. Mr. David L. Swanson, representing the Grudem Bros. Compaay said putting the C76 pipe in the ground came about because of a misunderstanding He said that in ground testing showed that the pipe is structurally sound, and the �oint itself is the part of the pipe you want to be sure does not leak, and this does conform. He said they would like to clarify the request they made with the City to show that the pipe is C76, but with � the proper �oints, and since the concrete pipe does not apply to test, they would like to go by the specifications set forth by the engineers Walter Kiddie for this pro�ect The test would be a hydrostatic test rather than an air test. He said this has been discussed with the Onan Company and they are aware that this request is being made to the City. The City Engineer said they would like an agreement which would hold the City harmless and a letter from Walter Kiddie Construction Company stating the results of the tests run, that they feel this is safe, and recommending the City accept it. Councilman Harris asked NIr. R. D. Aspelin, representing Onan Company, if they were convinced there would be no problem after the year's guarantee has passed. Mr Aspelin said that he was at the Council Meeting as an observer to let the Council know they understand that there is a problem, and that it would be up to their engineers to te11 them the type of test the pipe wi11 stand. Councilman Harris asked if Kiddie Construction Company accepted the tests, would it be likely that Onan would accept the tests. Mr Aspelin said yes. Councilman Lieb1 asked the City Attorney to give his legal advice on this. The City Attorney said he thought the suggestions of the City Engineer for an agreement to hold the City harmless, and a letter from Kiddie Construction Company would seem to be adequate in his opinion, and if Onan agrees they are satisfied, it could be approached in this manner MOTION by Councilman Samuelson that the Administration request an agreement with D. W. Onan Company holding the City harmless for any damage that may � be incurred, and a letter from Walter Kiddie Construction Company stating the tests run, that they feel the pipes are saFe, and recommending that the City accept it. Seconded by Councilman Harris. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously. , ;( REGULAR COUNCIL MEETING, MARCH 18, 1968 RECESS; Mayor Kirkham declared a 10 minute recess PAGE 12 The Meeting reconvend at 11;00 P.M. BUILDING STANDARDS - DESIGN CONTROI. MEETING MINUTES OF MARCH 13, 1968: 1. CONSIDEAATION OF A PROPOSAL OF A MANUFACTURING PLANT ON M-2 PROPERTY (PARTS OF PARCELS 4500 AND 7800 SOUTH � OF SECTION 11) (500-73RD AVENUE NORTHEAST) (REQUEST BY CARTCR-➢AY COMPANY); 2 Councilman Harris introduced Mr. Sohn R. 0'Hearn from the Carter-Day Company who he had worked closely with in Carter-Day's decision to locate in Fridley. He said that their plan is now beiag presented to the Council for a building permit. The City Engineer explained that the building will be located northeast of the proposed City garage. He said that the Administration has worked very closely with Carter-Day since the very beginning, and they have met all requi�ements and have incorporated all suggestions made by the City. He said that they are planning to start construction April 15th Mr. 0'Hearn explained that the plan hefore the Council is �ust the first phase of their plans, and is for a building that will employee 130 to 140 employees. He explained their future expansion plans and said that eventually they will have 4D0,000 squre feet of plant which wi11 employ 400 to 500 people. He said they do not plan on cutting one tree down that does not have to be as they would like to leave a wooded natural area, and they have $5,000 in their budget to clean up the area. MOTION by Councilman Harris to concur with the recommendation of the Su6- committee and issue a building permit to Carter-Day Company. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously. Mr. 0'Hearn gave the Council copies of the Company's annual report. Council- man Harris said that Mr. 0'Hearn and his associates have been most cooperatioe to work with, and he knows their company will be a real asset to Fridley. Mr. 0'Hearn said that wo'rking with the City Engineer has been a pleasure, and everyone has been very cooperative. �a FUDGE, PRESIDENT); Councilman Harris said he had reviewed the plans with Mr Fudge and Mr Rutledge, and he felt this type of use was acceptable on these 1ots. The City Engineer said that Larsen's Manufacturing Company has been fu11y apprised of the requirements and have met them a11. He showed the Council the plans. There was a discussion about a type of architectural block that they plan to use. The City Engineer said that this will be painted. The City Engineer said that they want to make sure that this type is all right with the Council. The Council agreed it was acceptable. The CZty Engineer said they felt the sidewalk would not have to go in at this time, as this is only one Lot, but an agreement can be required so that when the area does develop, the City can request that the sidewalk be put in at that time. 1 , 1 REGIILAR COUNCIL MEETING, MARCH 18, 1968 -� �i �'7 _ �`� i I PAGE 13 � MOTION by Councilman Harris that the Council indicate to the Subcommittee that this is an acceptable use for these lots, and to concur with their recommendation and grant the building permit with the provisions that two sides be constructed of architectural designed block and painted and that an agreement be signed for the placing of a sidewalk on the property in the future. Seconded by Councilman Samuelson, and upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously N C-1 DISTRICT, BLOCK 1, COMMERC� UNIVERSITY) (REQUEST BY WESTERN OIL AND FUEL - M. R. LINDGREN, MAAKETING ENGINEER - 14D0 LILAC DRIVE SOUTH, MINNEAPOLIS, MINNESOTA)• ^ The City Engineer showed the Council the location on the map, which is in the northeast corner of Commerce Park. He said this will be a fairly nice building, but there is one problem to resolve, as the Health Department feels there wi11 be a problem because they will sell packaged food with their gasoline. He said also that access is not usually allowed as close to the intersection as planned, and if the Council wants, the City can require an additional 10 feet dedication, as a right turn lane wi11 help the situation. The City Engineer said this is zoned commercial, and the City would like a provision for a future sidewalk to be installed when needed. MOTION by Councilman Samuelson to grant a building permit to the Western � Oil and Fuel Company based on the recommendation of the Subcommittee waiving the driveway setback requirement on the northeast corner with the provision of a 10 foot right-of-way dedication, that an agreement be signed for the installation of a future sidewalk, and with the approval of the Health Department. Seconded by Councilman Harris Upon a voice vote, Liebl voting nay, Mayor Kirkham declared the motion carried. Councilman Liebl stated he vo�ed no because he feels Fridley has enough gas stations. OF A COMMERC The City Engineer said that this wi11 be on the northeast corner of 77th Way and East Rieer Road and there is one entrance onto East River Road. He said that the City would request that the driveway on 77th Way be moved back 75 feet from the East River Road right-of-way to meet the requirements, and that there he an agreement for future sidewalk He said that the parking requiremeats are 39 parking spaces for this type of business, and the2r plan shows 33, so he felt 6 additional parking spaces should be provided. He said that there would be no problem with the rear yard requirement be- c ause it is in C2S zoning. He said that with these things resolved the permit could be approved sub�ect to review of the plat plan again. There was a discussion of the entrance onto East River Road. Councilman Harris mentioned that the East River Road study was considering eliminating cross traffic and he questioned the possibility of a right turn only onto � East River Road. He said that when the signal goes in at 79th Avenue, the people will have to go north. MOTION by Councilman Harris to approve a commercial building as requested by Leonard Samuelson with the provisions as outlined by the City Engineer C � �� �f I' REGULAR COUNCIL MEETING, MARCH 18, 1968 PAGE 14 that the driveway be moved back 75 feet from the East River Road right-of-way, � that an agreement be signed for the installation of sidewalk on the property in the future, that 6 additional parking spaces be provided in addition to the 33 shown on the plan, and that in addition, when 79th Avenue is signalized, egress to East River Road should be a right turn only. Seconded by Councilman Sheridan Upon a voice vote, Samuelson abstaining and there b eing no nays, Ntayor Kirkham declared the motion carried. The City Engineer said that when this is a11 worked out he will bring it back for the Council to review. 5. A PROPOSAL BY HOLIDAY STORES TO CHANGE THE LOCATION OF THE TEMPORARY GARDEN STORE FROM BEHIND THE MAIN STORE TO THE NORTHEAST CORNER OF THE PARKING LOT: The City Engineer said that this was the same type of building as they put up last year, but they want to move it to their northeast corner along University Avenue. Councilman Harris said he had no ob�ection to them moving the garden store, but Holiday has been remiss in complying with their obligations to the City and their fence is in�edequate by the stat3on'and the drive-in. He said he did not think the permit should be granted until these things are done. Councilman Liebl said he concurred with this. The Crty Engineer said that nothing had been done behind McDonald's because of the frost, and that they will check the fence behind the station again. MOTION by Councilman Harris to concur with the request of the Holiday Stores to change the location of their garden store upon the completion , of an adequate fence behind the gas station and McDonald Drive-in. Seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously. E Mr. Richard Knutson, representative of AssociaffiContracting, Victor Styles, Attorney, and Mr. Richard Davies from Davies & Davies Bonding Company were present at the meeting. The City Engineer said that the work is not completed fu11y, as there is about $200 worth of clean up work to be done in the Spring, but the City is holding $500, and he would recommend that the Council approve this estimate sub�ect to the City Attorney checking with the bonding company that a11 re�uirements for releasing the money to the contractor is taken care of and that they are satisfied. Mr. Styles said that Mr. Wolfors, representative for F D Chapman Construction Company was unable to attend the meeting 6ecause of illness, but an agree- ment had been reached by all the parties since last fall, and there is one s ub-cCntractor to be paid, and this money is needed to make this payment. He said that the money will not be released unless a lien waiver is secured at the same time He said that if there was any lien or bond claim filed, it would affect his client, so he could assure the Council thatit will not be released until a lien waiver is secured. Councilman Samuelson asked the City Attorney if a lien waiver was a proper document for the City to receive , as this had been a street pro�ect, done by lot and block. The City Attorney said it was his opinion that a lien waiver signed by each subcontractor would properly protect the City. He asked Mr. Styles if Mr. Davies has to sign any �oint venture check. Mr. Styles said yes. The City Attorney l il 1 y REGULAR COUNCIL MEETING, MARCH 18, 1968 PAGE 15 , said that any check to the �oint venture would have to have Mr. Davies approval, and this should be a satisfactory way of mak.ing the payment The City Attorney asked the City Engineer if he was recommending that this be paid to the �oint venture. The City Engineer said he was, subject to the approval of the City ALtorney. The Crty Attorney said that this would meet with his approval. Mr Davies pointed out that the City was protected under the bond. MOTION by Councilman Samuelson to approve the payment of the follo:wing estimate es discussed: F.D. Chapman Construction Co, and Associate Contracting (a �oint venture) 1017 Rhode Island Avenue North Minneapolis, Minnesota 55427 Estimate ��6 (Partial) Storm Sewer Improvement Pro,7ect No. 87, according to contract (serving E1y and Liherty Street areas) $4,199.27 The motion was seconded by Councilman Lieb1. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried, PLANNING COMMISSION MEETING MINIITES, MARCH 14, 1968• , 1. PUBLIC HEARING: PROPOSED PRELIMINARY PLAT. P S, ik68-01, AL ROSE ADDITION, ALBERT M. JOHNSON: LOT 36, REVISED AUDITOR'S SUB➢IVISION 4k23; MOTION by Councilman Harris that the date of April 8, 1968 be set for the Public Hearing befoze the Council, Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor IZirkham declared the motion carried unanimously. 2. PUBLIC HEARING: REZONING REQUEST ZOA ��68-02, ROSERT WILSON: LOT 4, BLOCK 1, WILSON ADDITION, REZONE FROM R-1 TO R-3A; MOTION by Councilman Harris that the date of April 8, 1968 be set for the Public Hearing before the Council. Seconded by Councilman Samuelson Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously. 3. INTERSECTION PATTERN: MISSISSIPPI STREET AND EAST RIVER ROAD:� The City Engineer pointed out that the Planning Commission had adopted a resolution recommending a modification in this intersection as diagrammed because of the traffic problem. Councilman Samuelson said that a lot of study has gone into this intersection, and he believed that Judge Johnson was the only ob�ector. Councilman Lieb1 said that Sudge Johnson does not concur with the way the Crty wi11 have to finance it, as the people have � paid three times for street, and he would like to ask the Attorney if they can be assessed again for the fourth time. The City Attorney said that the Council has the authority to assess the whole pro�ect if the benefit is greater than the cost, or it can be paid out of the mi11 levies, or any combination of general taxes and assessments the Council decides on � a� : � REGULAR COUNCIL MEETING, MARCH 18, 1968 PAGE 16 He said that he understood the pol�cy in the past has been that on double frontage property, some Council's have assessed 25% of the cost of the back street. He said it would be a question of whether they were benefitted at all by the second street Mayor Kirkham requested that the City Manager prepare a recommendment for the Council on how this could be fuaded Councilman Harris said that these are County roads, and part of the cost wi11 have to be borne by the County, MOTION by Councilman Harris to concur with the Mississippi Street and East River Road intersection pattern as proposed and forward a copy to the County indicating that this is the plan that the Council wi11 agree with on this intersection. Seconded by Councilman Samuelson Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. The Council discussed this further and decided that insts:�d of �ust a motion a resolution be sent to the County stating that the Council concurs with this pattern, and 'that the City Manager should report back to the Council on the proposed funding. The City Attorney suggested that the resolution be given to our representative on the County Commission and him present it. MOTION by Councilman Harris that a resolution to the County be prepared concurring with the Mississippi S�reet/East River Road Intersection Pattern as proposed by the Planning Commission. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor K�rkham declared the motion carried unanimously. 4. COMMiTNICATION FROM STATE OF MINNESOTA, DEPARTMENT OF CONSEBVATION DATED MARCH 8, 1968: The City Engineer pointed out that this item ties in with what the City Manager is working on. ,NIOTION by Councilman Harris to receive the remainder of the Planning Commis- sion Meeting Minutes of March 14, 1968. Seconded by Councilman Sheridan. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. THE MINUTES OF THE BOARD OF APPEALS MEETING OF MARCH 6, 1968: 1. REQUEST FOR VARIANCE FROM SECTION 45.25 OF THE CITY OF FRIDLEY, MINNESOTA 1963 REVISED DECEMBER 1964 BY WAIVER OF REAR YARD SET OF A ONE-FAMILY FRIDLEY, MINNESOTA, (SOUTHWEST CORNER OF THE NORTHERN INTERSECTION OF RIVER EDGE WAY AND EAST RIVER ROAD) (REQUEST BY MARK Z JONES CO., 5290 VILLA WAY, EDINA, MINNESOTA 55436): The City Engineer explained the request for a variance to the Council. MOTION by Councilman Harris to concur with the approval of the variance as granted by the Board of Appeals. Seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously. ' ' I� REGULAR COUNCTL MEETING, MARCH 18, 1968 r �� � 1 PAGE 17 � FRIDLEY INDIISTRIAL DEVELOPMENT COMMISSION MEETING MINUTES - FEBRUARY 5, 1968• Councilman Harris said that the Counci'1 had passed a resolution indicating their desire and interest in issuing revenue bonds. He asked the Administration to follow up with another letter to the Department of Economic Development to make sux'e they received this, and to ask fox a reply. MOTION by Councilman Samuelson to receive the Minutes of the Fridley Industrial Development CommLSSion Minutes of February 5, 1968 Seconded by Councilman Harris. Upon a voice vote, there being no nays, Mayor iiirkham declared the motion carried. RESOLUTION 4�36-1968 - AUTHORIZING THE CHANGING OF THE SUDGET WITHIN THE GENERAL FUND• � MOTION by Councilman Samuelson to adopt Resolution ��36-1968. Seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously. RESOLUTION ik37-1968 - ORDERING PRELIMINARY PLANS, SPECIFICATIONS AND ESTINIATES OF THE COSTS THEREOF: STREET IMPROVEMENT PROJECT ST. 1968-1 (ADDENDUM �k2): � MOTION by Councilman Harris to adopt Resolution ��37-1968. Seconded hy Councilman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously. RESOLUTION ii38-1968 - RECEIVING THE PRELIMINARY REPORT AND CALLING A PUBLIC HEARING ON THE MATTER DF THE CONSTRUCTION OF CERTAIN IMPROVEMENTS STREET IMPROVEMENT PROJECT ST, 1968-1 (ADDENDUM �F2): MOTION by Councilman Sheridan to adopt Resolution ��38-1968. Seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously. RESOLUTION 9k39-1968 - ORDERING IMPROVEMENT, APPROVAL OF PLANS AND ORDERING ADVERTISEMENT FOR BIDS: STREET IMPROVEMENT PROJECT ST. 1968-LA AND MUNICIPAL STATE AID STREET IMPROVEMENT PRO.TECT ST. 1968-2A: The City Engineer showed the Council the maps of the areas and explained the patterns for entrance, to obtain stacking room, and to keep the residential traffic in the area. MOTION by Councilman Harris to adopt Resolution ��39-1968 Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously RESOLIITION ,�k40-1968 - ORDERING PRELIMINARY PLANS, SPECIFICATIONS AND � ESTIMATES OF THE COSTS THEAEOE: SANITARY SEWER, WATER AND STORM SEWER PROSECT N0. 88 (ADDENDUM 9k3)• The City Eng�n¢er said that when the hearing was held for the area north of Osborne Road and east of the railroad tracks, the property owners had requested that storm sewer be put in at the same time, and a study had been authoxized, i )� � Ya ,r. � w _ ,'� REGULAR COUNCIL MEETING, MARCH 18, 1968 PAGE 18 MOTION by Councilman Samuelson to adopt Resolution ��'4D-1968 Seconded ' by Councilman Sheridan. Upon a voice vote, there being ao nays, Mayor Kirkham declared the motion carried. RESOLUTION #41-1968 - TO ADVERTISE FOR BIDS FOR FENCING AROUND NEW CITY GARAGE The City Engineer showed the Council a picture of the prefabricated fencing they plan on using. He said this brin� the cost higher, but it wi11 look good, and is a good physical screening barrier. He showed a map of the future location of the fence. MOTION by Councilman Harris to adopt Resolution �'�41-1968. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously. CounciLman Harris said that the County Highway Department is doing a good �ob of cleaning up by the garage site, and if the City can find time to do so a1so, this would improve the whole area. 1965 - TO ADVERTISE FOR BIDS FOR ONE-HALF TON CARRY-ALL TRUCK: Mayor Kirkham asked if this item was in the budget, and was told that it was. The City Eng�neer said that it is to replace the survey car. MOTION by Councilman Samuelson to adopt Resolution �'i42-1968. Seconded by ' Councilman Sheridan. Upon a voice vote, there being no nays, Mayor KLrkham declared the motion carried unanimously. CHECK LIST FOR CIVIC CENTER: The CLty Engineer said that the Administration felt the Council would want to check the list of items to be taken care of before it is sent to the architect. Councilman Samuelson said he had a few items to add, but he could stop in at a later time and take care of this. Councilman Harris said there will probably be more things to be indicated also. MOTION by Councilman Harris to transmit this check list to the architect and indicate that there will be more additional items forthcoming. Seconded by Councilman Sheridan. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously. RESOLUTION �k43-1968 - TO ADVERTISE FOR BIDS FOR REMODELING THE POLICE QUARTERS: MOTION by Councilman Samuelson to adopt Resolution ��43-1968. Seconded by Councilman Harris. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously. CLAIMS: MOTION by Councilman Sheridan to approve General Claims ��14396 through ' ��14495 and Liquor Claims �k2006 through �k2063. Seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously. ' REGULAP� COUidCIL Tu:ETING, PIARCH 18, 1968 LICENSL'S: MOTION by Counc�_lman L�_eb1 to approve the follo�aing licenses: CTGARETTE RENF's4lAL Jint� s Dairy Store 6?_53 University Aveo Fridley� PQir�teeots ftENEWAL Hoi;ard Johnson�s 5277 Central Ave, Fridley� Minnesota iiCh'E41AL Flo��ie t a 2Q0 Mis�iss�ppi St. Fridley� btirnesota REAIEWAL 5nydor Drug 65El2 University Ave. � Fridley� M3ns�esot�, REi7EulAL Ron°5 Stanc�ard 6L;90 Uni.versity Ave, FI���31f,�a hLLn�esot� REIdE41AL Friel ey DX 57G1 University Ave. Frid]ey, ,finneeota BY: Jemes Rochefoz•d Howard Johr!son^� Ir.c. iielen Taf�— Lic, Supo Hor.fard No]�son Snyder Drv�s' Inc, Lloyd Berkus-•Preso Rolbnd Cox Dvane Schlott�an RENEWAL Acn�o N,etal Spinnir.�� Inc. MiZdred Loe-�?'reasurer 98 43rd Ave. N.E. Fridley, Mirsiesota REA�YIAL Al's Gu1Y 73�5 E, River Ro3d Fridley� hlinnesota RENE;GlAL Bvs•ke�s Te�co � b3o1 Hi�hwey r�65 Fridley� NLinr_esota RENEWAL Ponny�s SupersarYet 6540 IInztiersity Ave, Fridley� biinn�eota Allan Wikstrc� Ear1 F. Burke Msriun I,evino �i,r(i�, , ` `-," _ PAGE 19 APPROVED BY: Chi�f o£ Police Chief o£ Po�i co Chief of Police Chie£ of Poliee Cl�ei o�� °ol:.c� Chief oS Pc�13e:, Chi.ef of Polica Chiei oi Police Chief of Poli ce Chief of Polico , � � � , i l�GULAR COUNCiL NICL`PING, iTAi:CI{ 1II, 1968 CIGAFFTTE RENSbJAL Frid7ey� Food Maxkct 815/� Ea fLiver Road Fridley� tdinr�e�ota RENE4IAL Holid,^y Sorvice Station 5g07 Universi�,y Ave. Fridloy� M3nnesota REidEG1AL Holiday Vil_l�.ge North 250 57th Ave. N.Eo Fr3_c�1ey� Mir.nc,sota RErIEIdAL Dfunicipal Liquor Stor� 3710 E. River Road Fridley� Di9nr!esota RERBLIAL Alunicipal Liquor Storo 67.61 H� ghaay {�'65 Fridleyy riir.nesota RF.DIEl�1AL Aiuni_cip�l L'aqnos Store N�31 Uni.ve:�sity Av�a Fridley� Mintteso�l REAIE4IAL Muricipal Liquor Store 5259 Central Ave, Fridley� ,finnesota RENE47$L REd O�.tl Sto_�? � a 6525 University Ave, F'ridley, Minr�esota REPiE41AL Sandee�s Cafc 64q0 C�ntral Ave� Fridley, rfinnesota FIEhEWAL Taz•get Food Store 755 53rd Ave. N,E, F'ridley� Minnesot,� : BY: J�es Trupe Central Servico Co. Erickson IIrothere City of Fridley City o£ F;�idloy City of Fl�idlcy City of Fridley Rod O�rl Stora � s Ific. W.J. Coo:t- rt�a Tax DepLo Willirim Gleiss Tonathon Stores Inco" PAGF. 20 APYhOV�D BY: Chief of Polic� Chief of Policu Qhief of Polica Chief of Polico Chief of Polxca Chief o£ Polic� Chief o£ Pol3cG Chief o£ Police Chief oi Po�ice � � Chief of Po2ice , RENEWAI� The Krager Co. 2"Yu. Ki'a�er Cod Chief of Polico 5251 Central Avc, 1. Nelson Fridley� Minnesota R�GULPR COUNCIL ME�TZNG, MARCti 18, 19�8 , CIGARETTE; 1' : BY: R�NE4IAL Pete�s Superior "/�00" Jo9eph 5evi71c 7315 I3ighway �'�65 Friciley� hl�nnesota � RENE4lAI, Ry�a�1_I'ai•3�nn Ca�laco 63$9 University Friclley� Minnesota REtvSEl�fAL Cotuit,ry Club N1�rket Inc. 6275 Hi�hway #/65 Fridley� A4innc�sota RED�4IAL Spartan�s 5351 Central Ave. Fridley� Minnesota 1 RENi'41AL t�Laple I.� es 6310 xigh��ay #�65 Frid] e�� hiinsiesota REN�4fAL Central Enbex°s Ine, 5400 Central Ave, Fridley� Mirs.esota REA'EWAL Dealers Mfg. Co, 5130 Msin St. Fridley� Mir.r.esota RENE4dAL M'C� 7 e�nd Co—op 655 20th Ace, N,E, Fridley � C4i_s�esot�. RENE4IAL Unity FIospit�l 550 Osborne P�oad Fridley� Min�esota ' F�:iF1„�,' �flj1'i.Jar�a Stanclard 5311 University Ave. Fridley� T'�innesota. Midtire�t Vending Coo FSaro7 d Rehauno -Winifred Perk3r.s William Gottl;aldt Carl Bimby 501 Nash Sol Nash John Fa Hair.es Jamos Want]�nd :�4,�� �, «Att PAGL 21 APYROVEU BY Chief of Polica Chief of Polico Chief of Police Chief of Police Ch3ef of Polic� Chiei o£ Polico Chi.ef oF Polics Chief o£ Police Chie£ of Police Chief of Folice � L [ � RliGllLAlt COiJiVCIL M�P�TING, M[1RCEI 18, 1968 CIGI�RE^1TE PY: NL.GI Mico Indepenc�ent oil Co. Kenneth Piix 6500 East Rieer Road Fridleyy Minr.esota CAFE RENE;•!AL Cor.cession Stand Moore L�ke Beach Fri2ley� Mi.nnesota MULTIFLE DWLLLING NE4I Glen Mostoller 5/�0 5th 5t. N'E. Fridley� Minr.esota GENEhAL CO.+TRAGTOF. Mark Z. Soees 5290 Villa Way Edina, Minnesota Rutledge Construction 1409 South 7th Street Hopkins, Minnesota BY: JACk Kirlsham Jr, . BY : Glen Mo:�toller BY; Richard LJangen BY: Mr, Rutledge PAGE 22 ----� , pPPROVED BY: Chief of Polico APPROVED BY: Aealth Inspector APPROVED BY: Fire Dept. R�NEWAL Bldg Insp NEW Bldg. Insp The Motion was secottded by Councilmaa Samuelson. UQon a voice vote, Mayor Kirkham abstainin�, the motion carried. ESTIhL4T�'S; MOT70f+ by Cour.cilmae Harris to approve for payment the following estimates• fIe pointed out that the stimate for F D. Chapman Co and Associated Contracting (a �oing venture) had been taken care of earlier in the meetin�. ' 1 I� ' REGULAR COIINCIL MEETING, MARCH 18, 1968 (ESTIMATES CONTINUED) patch and Erickson� Inc., Architects 2801 Wayzata Boulevard Minneapolis 5, Minnesota February Inspection for Fridley Municipal Garage Berglund-Johnson, Inc. 351 Second SCreet Excelsior, Minn. 55331 Estimate yk3 (Partial) Fridley Municipal Garage according to contract Suburban Sewer and Water, Incorporated 4550 Central Avenue N E. Minneapolis, Minnesota 55421 Estimate y'� (Pax'tial) Sanitary Sewer, Water and Storm Sewer Improvement Pro�ect No. 88, according to contract Comstock & Davis, Inc. Consulting Engineers 1446 County Road "J" Minneapolis, Minnesota 55432 For the furnishing of resident inspection and resident supervision for the staking out of the construction work for the following: $ i�l ; � PAGE 23 200.00 $ 10,730.00 $ 48,895.00 Estimate ��10 - Sanitary Sewer, Water and Storm Sewer Improvement Pro�ect No. 84 from January 2, 1968 through March 2, 1968 (Bake� Avenue between Osborne Road & 75th extended East, Onondaga 't,etween Central and Stinson, etc.) $ 196.42 Estimate '�kl - Sewer & Water Improvement pro�ect �k88 from Sanuary 2, 1968 through MarCh 2, 1968 (73rd and Norton Avenue Area) $ 3,252 42 Comstock & Davis, Inc. Consulting Engineers 1446 County Road "J" Minneapolis, Minnesota 55432 Professional Engineering Service for Planning and General Supervision for the follow�.ng; ' Estimate �k1 (Partial) Sanitary Sewer, Water and Storm Sewer Improvement Pro7ect No. 88 (73rd and Norton Avenue Atea) $ 7,575.76 The motion approving the estimates was seconded by Councilman Sheridan. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. �� ,�,�, REGULAR COUNCIL MEETING, MP.RCH 18, 1968 APPOINTMENTS: PAGE 24 MOTION by Councilman Harris to concur with the Administration and approve the following appointments; NAME Edwin A, Saefke 470 67th Avenue N.E. Fridley, Minnesota Allyn M. Glende 3942 lst Avenue South Minneapolis, Minnesota Ra1ph S Volkman 525 Mi11 Street Columbia Heights, Minn POSITION Watex Dept Jr. Eng. Aid Park Leadman FYirl:fi7 $566.00 $566.00 $625.00 REPLACES New Position Perrry Damon New Posit�,on The motion was seconded by Councilman Samuelson Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanxmously. DISCUSSION OF LOAD LIMTTS; Councilman Harris said he had asked that this item be placed on the agenda, because he would like to discuss the possibility of asking people in the construction business to give a bond covering the cost of street deteriora- tion and then granting them a permit to move their materials, and �n this way, there would be no curtailment of their business. Councilman Liebl asked the City Manager what other cities do. The C�ty Manager said that it would depend upon the base of the street, but some a11ow local deliveries only. He said that no one knows the impact on the streets, if there is too much traffic. There was a long discussion about granting permits, who would have to place the bond, whether it would be a bond for each trip, or for a period of time. The possibility that companies could cut the size of their loads, the difficulty in icnowing �ust what damage is being done to the streets, and the difficulty in administering this. MOTION by Councilman $arris that this item be referred to the Administration for an evaluation and recommendatibn at the next Regular Council Meeting of April 1, 1968. Seconded by Councilman Sheridan. Upon a voice vote, there being no nays, Mayor Kirkham declared the motLOn carried unanimously. RESOLUTION �k44-1968 - REQUESTING A FLOOD PLAIN INFORMATION STUDY OF RICE CREEK IN THE CITY OF FRIDLEY, MINNESOTA, AND COMMiTNICATION TO DEPARTMENT OF CONSERVATION SIGNED BY MAYOR KIRKHAM; MOTION by Councilman Samuelson to adopt Resolution �k44-1968, and concur with the communication to be directed to the Department of Conservation. Seconded by Councilman Sheridan. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously. , ' , , � 1 REGIILAR COUNCIL MEETING, MARCH 18, 1968 PAGE 25 COMMUNICATION: STATE HIGHWAY DEPARTMENT - RIGHT OF WAY 615T AND UNIVERSITY: Councilman Harris said that this communication does not answer the question of whether the City wi11 get a slip-o£f ramp or not, and he can not conceive of putting in this configuration unless they are sure of getting the slip-off ramp. MOTION by Councilman Lieb1 that the AdmLnistration write to the State Highway Department aga7.n and request an answ€r on whether there wi11 be a slip-off ramp at 61st and University Avenue Northeast. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously. MEMORANDUM: SUPERINTENDENT OF PUBLIC WORILS; REPORT ON STINSON SOULEVARD: MOTION by Councilman Harris to receive this memorandum and post this street Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously COMMIJNICATION: HEALTH INSPECTOR - HEALTH REPORT DATED FEBRUARY 29, 1968; MOTION by Councilman Sheridan to receive and file the report from the Health Inspector. Seconded hq Councilman Samuelson, Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously COMMUNICATION: CHARLES L. LANGER - MAYOR'S EVALUATION COMMITTEE: CONTINUA- TION OF LIQUOR STUDY: Councilman Sheridan said his understanding of the charge given this committee was to evaluate the Horwath report, and the question now is should they study the complete liquor operation He said that maybe they should evaluate tte report and give Che Counczl their comments on xt, and then receive a second charge to do what they are requesting. Council- man Harris said that in asking this committee to evaluate, it should be based on concrete facts, and if they do not feel it is factual, or if there are some remissions that are necessary to complete an evaluation and they want to work more than the Council asked them to, he felt this was very commendable. Mayor Kirkham said he thought they couLd both study the report and continue researching for more information M�yor Rirkham read the letter out loud at the request of Councilman Liebl MOTION by Councilman Samuelson Yo receive the letter from Chaxles L. Langer and concur with it, Seconded by Councilman Harris. Upon a voice vote, Councilman Liebl voting nay, the motion carried Councilman Shesidan said he hoped this would not get bogged down, and he thought it wouLd be a good idea to have a daCe when the study c,D u1d be completed. Mayor K�rkham said that the Gommittee couLd be asked for a progress report, and as they volunteered to do this, ask them to suggest a date whe❑ they feel it could be completed )�llf REGULAR COUNCIL MEETING, MARCH 18, 1968 ADJOiIRNMENT: Shere being no further busiaess, Mayor Kirkham declared the regular Council Meeting of Nlarch 18, 1968 ad�ourned at 12:35 A.M. Respectfully submitted, ;�������, Mary Lu Strom �iLh-o-�-��/ Secretary to the Council / � �� r� �� c%1i �"� � •� �'� t//L �Ce �.�-- . �� , Jack 0. Kirkham ( . MAYOR PAGE 26 1 , �