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09/03/1968 - 000200029.'HE MINU1'ES OF TI3� REGULAR COUNCIL MEETING OF SEPTEMBER 3, 1968 � Niayor Kirkham called L-he Regular �ouncil Meeting of September 3, 1968 to order at 8:10 Y.M. PL�DGE OF [1LL�:GIANCE: Mayor Kirkham asked that the audience stand and �oin the Council in saying the Pledge oL- Alleqiance to the FZag. FtOLL CALL: MEMBERS PERSENT: Y.irkham, Samuelson, Harris, Sheridan, Liebl MSMBERS �1BSENT: None AP1'ROVAL OF MINUTP;S OF REGULAR COIINCIL MEE1^ING Or' AUGUST 19 1968: MoLion by Councilman Liebl to adopt the Minutes of the Regular Council Meeting of August 19, 1968 as submitted. Seconded by ' Councilman Samuelson. Upon a voice vote, all voting aye, Mayor ��irkham declared the motion carried unanimously. ADOPIION OF AGENDA: Mayor Kirkham said that Item �;6: "Considerata.on of 10 Year Street Improvement Pz'o�ecti�n and 4 Year Street Maintenance Pro�ection irom Lngineering Uepartment" is to be brought back at the September 16, 1968 Meeting. Councilman Lieb1 requested ihat Itern �#-39: "City Garage" be added. MoTION bI Councilman Sheridan to adopt the Agenda as amended. 5econded by Councilman Samuelson. Upon a voice vote, all voting aye, I�iayor F:irkham declared the motion carried unanimously. PUBLIC HEARING ON '1'HE ASSESSMENT ROLL FO12 STORM SEWER PROJECT #k87: Mayor Kirkham read the Public Hearing Notice, and the "Informataon on Assessments" sheet which was provided to all the auda.ence. He e�:plained that the State Statutes set forth that all property owners are to be assessed alike wathin a district. He then called for � questions Erom the audience. A visitor to the Meeting asked why there were no storm sewers on 79th and said that it was ,7ust a gravel road. t�lr. Comstock ex- �J `� � REGULAR COUNCIL MEETING OP' SEPTEMBER 3, 19U� PAGE 2 � plained that the baundary lines shown on the map indicate the auc- side lines and everyone inside this line is considered within this district. When 79th is completed, the waL-er will drain to Ashton, accamplished by grading, and there will pe no need oi storm sewers. He explained that the railroad tracks provide a natural boundary and east of the tracks the drainage is norL-n and south. Council- man Sheridan further explained that anyone oucside tbis boundary would be assessed for storm sewers under anoiher pro�7ecL. Mr, Comstock said that the�only possible excep-cion to this would be if the County has to improve County Ditch rr17 down s�ream from this area, in this case, there could be a small assessment. A visitor asked about a bird bath on Longiellow Street, and ib this is not going to be taken care of. The City r;nga.neer assured her that the contractor will take care of this bePore the pro,7ect is finished. Councilman Samuelson pointed out that the actual cost is $59,269.66 and the Engineering estimate was about $70,OU0, so it is less than , anticipated. The City Engineer said that the �ngineeriny estimate was based on $3.96 per 100 square feet and the actual final assess- ment cost came out to be $3.34 per 100 square ceet. MOTION by Councilman Sheradan to close the Pub7.ic Hearing on Storm Sewer Pro�ect ##87. Seconded by Coixncilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. DISCUSSION OF STpRM SEWER PROJECT ##88 ADDENDUM ;k3: Mr. Richard Harris, a visitor to the Meeta.ng asked what was being done about the storm sewer project just south and east of Pro�ect #87. The Ca.ty Manager said that he had had a brzei meeting with the City Attorney and Mr. Comstock. Mr, Comstack said that he had been in touch with Spring t,ake Park and although they realize the problem, have not indicated that they are willing to participate in the cost, nor has the Highway Department, Mr. Richard Harris saa.d that after every heavy rain they have trouble. The culverts just wash�d out and Harris Erection almost lost a $50,000 piece of equipment because of it, He said that the �ity has � been going back and forth and not getting anything done. He said that this costs the City of Fridley and his company a lot oz` money. He said that the City �.s operating thzough private ditches and be- fore next spring his company will have to c10 something about this if the City does not. ,_6� 1'� REGU7,AR COUNCIL R'IEETING OF ^oEPTEMBER 3, 1968 PAGE 3 May�r Kirkham informed Mr. Harris that the City of Fridley will do whatever the people want to pay for, but so Par Spring Lake Park and the Highway Department have not agreed to go along with th e cast participation and this project would be too oostly for the City �o do alone. Mr. Comstock agreed that this project has not been dropped, but that the City has received a letter from both Spring Lake Park and the Ha.ghway Department saying that they do not wish to enter into a cost sharing agreement at this time, and that it would be too expensive for the City to do without help from the other bodies benefitted. The City Attarney said that he had hoped that the City Manager and City Engineer would be successFul in reaching an agreement with the other parties. He said that he had talked to the Deputy Attorney General and the Attorney cor Spring Lake Park. So far the only alternatives the City has is to assess the property owners and im- prove the area alone, or court acta.on to force Spring Lake Park and the Highway De�artment into participation. Mr. Richard Harris agreed that iE another body is adding to the drain-o£t, they should share the cost. Councilman Liebl said that this has been a problem to the City for the last 8 years. CornstocJ: & Davis drew up three proposals which were discussed at the Public I3earing and the people were opposed to this project as they felt that they could not afford it. He agreed that the City would have to get help from Spring Lake Park and the Highway Department. This item was again discussed under the heading: Resolution No. 120-1968 - Project SS #$$ Addendum y�2. C7RDILQANCE NO. 401 - AN ORDINANCE REPEALING ORDINANCE NO 80 PRES- ENTLY CODED AS CHEIPTER 53 OF THE FRIDLEY CI'PY CODE REGULATING LAND ALTERA'1'IONS SaTITHSN THE CITY OF FRIDLEY: MO"PIOLQ by Councilman Harris to adopt orda.nance No. 402 on second reading, waive the reading and order publication. Seconded by Council,nan Samuelsan. Upon a ro11 call oote, Kirkham, Samuelson, 5heridan, Lieb1 and Harris voting aye, Mayor F:irkham declared the motion carried unanimously. � � �P2I7IN[�TCE NO. 4U2 - AN ORDINANCE ESTFIBLISHING AN ORDINANCE VIOLATIONS BUREAU FdR DISBOSING OF VIOLATIONS OF ORDINANCES RELATING TO BUILDING CONSTRUCTION, OYERATION OR MAINTENANCE: FIRE AND FIRE � PREVENTION: PUBLIC HEALTH AND SANITATION: ZONING; MOmyoN by Councilman Samuelson to adopt ordinance No. 402 on second reading, waive the reading and order publication, Seconded by Councllman Laebl. Upon a roll ca11 vote, Liebl, Harris, Samuelson, � R�GULAR COUNCIL MEETING OF SEPTEMBER 3, 1.a68 PAGE 4 Sheridan, and Rirkham voting aye, Mayor t.irkham declared the motion carried unanxmously. CONSIDERATION OF SECOND REP.DING OF AN ORDINANCE FOR REZONING REQUEST (ZOA #68-04) TO REZONE FROM R-1 TO R-3A PAP.T OF LOT 9, AUDITOR'S SUBDIVISION #$$ SY LOUIS MOMCHILOVICH: Mr. Louxs Momchilovich was present at the Council Meetinq and Ure- sented a sketch of the praposed plan. There was a discussion aL- the Council talbe while looking at the pZan;;, MOTION by Councilman Samuelson to table chis ordinance unLil a11 pertinent material is available for the building permit, 4hen it is to be su}�mitted to the appropriate subcommi�tees. Seconded by Councilman Sheridan. Upon a voice vote, all votang aye, Mayor Kirkham declared the motion carried unaninwusly. ORDINANCE NO. 403 - AN ORDINANCE AMENDING ORI�INANCE NO. 372 OF TfIE CITY CODE REGULATING AND LICENSING FOOD �,ST[�SLISAMF.NTS [�,D7D FOOD VENDING MACHINES AND PROVIDING A PENAL'PY k'OR VzOLATIONS TI�SREOI': � The City Attorney refreshed the Council's rnemory be explaining that this has to do with dairy bars and Lhat it was necessary to eliminate the inconsistancies on the books. MOTION by Councilman Liebl to adopt Ordinance I�o. 403 on second reading, waive the readiny, and order �ublicatzon. Seconded by Councilman Samuelson. Upon a roll call vote, Y:irkham, Liebl, Harris, Samuelson and Sheridan voting aye, Nlayor Kixkham declared the motion carried unanimously. DISCUSSION OF LETTER 'PO BE SENT TO HORW<iTH E1ND HOkV7ATH REGARUING LIQUOR STUDii� The City Manaqer Council could se meeting to allow clud��1, explained that this is broulht back so that the the letter. It was not inailed until a£ter this for approvai of the minuies which are to be in- L i t i� � Councilman Lzebl said that the City Manager did a fzna job ot com- piling the material. He saad that he would like to ask that a ro11 � call poll be taken of the Counca.l to ascertain ii any of the Councxl had seen this report prior to ,Tanuary 2, 1968. 'lhe Crty Manayer said that the report was received several c�ays before the Counc�.l Meetiny, but that they did not receive enouyh of them. Mayor RirkYiam sa�.d that he had picked up a box of booklets sometime, but could not answer as to what date it was. F � + �7 id REGULAR COUNCIL MEETING OF SEPTEMBER 3, 1968 PAGE 5 MUTION by Councilman Liebl to request the Chair take a ro11 ca11 poll of L-he Council to see if anyone had seen the report prior to ,Tanuary 2, 1968. Secanded by Councilman Sheridan. �Phe roll call po11 revealed Sheridan, Liebl, Harris, Samuelson saying no, Kirkham saying that he could not answer, as he did not remember the date. Councilman Liebl said that he would like to ask the Council to consider this statement: "Mr. Mayor - Because oP recent cievelopments, I believe the posa.tion of the Council should be clara.fied concerna.ng the bill from Hoxwath and Honaath. I ca1,1 the atL-ention of the Council to the date of the Horwath report - January 2, 1968. l. Mr. Mayor - to the best of your knowledge, was this repart made available to this Council prior to that date --- Mr. Mayor - I ask that you poll the Council and ascertain whether any member of this Council has any knowledge that this report was completed and available ta the Council prior to January 2, 1968. 2. r would like to inquire o� any representative of the firm o� Laventhol, Krekstein, Horwath & Horwath, if present here tonight, was this report completed prior to the date given on the report itself - January 2, 1968. - If so, on what date was tliis report completed and delivered, and to whom. Mr. Ankrum, was this report delivered to your office prior to ,7anuary 2, 1968. Now - Mr. Mayor, 2 ask the Council to consider the actions oi Mr. Anthony Piku1, a partner in this firm, who in response ta a proper request from this Council, askiny that he appear in �erson for a consultation with this Council concerning the con- �en� oi the report for which he is seeking payment - has apparently decic7ed to discuss this matter in the newspapers - instead oi consulting with this Council in a profesSional manner. z£ the newspaper has quoted him correctly, he has be- smirched the c�ood name o� Fridley by accusing us of default in our contract wi�h his �irm, , ' 1 i ' REGIIL7�R C4UNCIL MEETING OF 5EPTEMBEFt 3, 19G8 (Liebl's Statement Continued) PAGL^' 6 I refer to an article appearing in 41ze Minneapolis :;tar on Thursday, Auyust 22, 1968. I remind this Council - that Mayor I:ir7,ham called a Special Meeting o£ this Council on July 24th, i967, and that at this meeting Mayor Kirkham requested Counczl approval to engage tYiis firm to make the so-called Feasibilil-y Study. In response co an ohjection trom Councilman Skleridan - that i:his was a matcer t!iai should be brought up at a regular meeciny oi the Council - Mayor Kirkham informed the Council that tYiis scudy would take from six to eight weeks to complete - and if we were to have a Liquor Referendum on the November balloG we woulc7 nave to approve this study at this time. The Mayor's recommendation was accepted and approved to engage this firm to make L-l�e study was given by a 4 to 1 vote. I also call the Council's attention to the following quote from a letter dated July 24, 1967 - adressed zo Mayor Jack o. Kirkham and s�.gned by Anthony L. Pikul - � 'We esta.mate thac the investigation and report will re- quire six to eight weeks of time from August 1, 1967. As our authority to schedule and periorm these services, kindly sign the enclosed coniirma�ion copy of this letter and return it to us for the complecion of our files. r12e ori9inal wi11 serve as your copy.° I£urther call the attention of tYxe Council to a motion bv Councilman Harris and seconded by Councilman Samuelson and passed unanimously by this Council on February 5, 1968 -'io receive tkie Liquor Study trom E3orwath and Florwach, and requesL- the Admina.stration to hold the copies oi the report in abeyance so that no tigures contained in the reporc will be pro�ected as factual information, until it has 7aeen reviewed bv the Cicv Council with Horwath and Horwath." Also, at this same meeting, a mation by Councilman Harris that Mr, Pikul be contacted anc� requested to meet with L-he Council on Monday, February 12, 1968 at 7:00 P.M. This motion was seaonded by Councilman Samuelson and passed by this Council. Since the study was not completed an the six to eiyht weeks called ior in our contract with Mr. Pikul, and 'che study is use- ' less for the purpose originally intended - and since Mr. P�.};ul has not met with the Council as requested and as is the custom in al2 contracts of this nature wzth any m4inicipality - it appears to me that Mr. Pikul has defaulted on his contract with I � /I REGUL[1R COUNCIL MEETTNG OF 5EPTEMBER 3, 1968 PAGE 7 (Liebl's Statement Continued) the City oE Fridley; thereir�r, I f40VE THAT this Council reFuse to pay the bill from Horwath & Horwath as presented, and that Mr. Pikul be inPormed rhat it is the opinion oF this Council that he is in default an his contract with the City of Fridley. /s/ Frank G. Liebl" TH� MOTSON seconded by Councilman 8heridan for discussion. Councilman 5heridan said that by acting on this motion, the Council woulc7 have to rescind the motion oi the previous meeting wYrerein all tYie material is to be senL- to Che Chs.cago office. F?e said that he would asY. that this motion be lai,d over to give �he lirm a chance co reply to the letter as the Council re- quested, Councilman Harris agreed wit'si Councilman Sheridan and said that as the Council has made the request, time should be allowed Por a reply �rom the home o£fice. Councilman 5amuelson agreed. 1 Mayor Y.irkham pointed oui that L-he letter dated Ju1y 26, 1967 , could, in effect, constitute the City oi Fridley's contract, and no time limit was specified. Councilman Lieb1 said that che purpose of this study was to have it before the electzon, and said Lhat he did no� ieel that the firm had lived up to it'a con- tract. Mayor Kirkham said that the firm gave an estimate oL- 6 ta 8 weeks, but that he did not feel that the company had detaulted_ Caunc�lman Samuelson said that he would like to ha�e the M�tion naw beiore the Council rescindecl until the legal staff could look into thas, and that ihe letter should be sent, Councilman Liebl said tiiat lze was in opgosition to this letter. MO'7'TON by Councilman Sheridan to table this Motion presented by Cauncilman Liebl co the Meeting oi October 7, 1968, and to request L-haL the legal staff review this. Ttie motion was seconded and upon a voice vote, Kirkham, Harris, Samuelson, and Sheridan votirn� aye, Liebl voting nay, Mayor Kirkham declared the moti�n carried. 1:ECEIVING THE MINU1'ES OF THE BUILDING 57'ANDARDS - DESIGN CONTROL SUBCOMMI'PTEE MEETING OF AUGUST 28, i9G8: 1. CONSIDERATION O1' A REQUEST TO CONSTRUCT A 72 UNIT APART^ � MFNT BUILDING� 40 DETACHED GARAGES AT 592�, 5930, AND 5940, 11DTNA AUEIdDli N.E., FRIDLEY, MINN. THE SAME BEING I.�GTS 3& 4 BLOCK 2, HAYES RIVER LOTS ANOKA CO. MINN. fREOUES'P BY JAMES NELSON CO_. 72H FOREST DAT�E ROAD. NE4J � REGiIL�1R COUNCIL MEETING OF SEPTENIBER 3, 19nu PZ1GE 8 The City En�ineer explained the stipulaL-ion,a impcsed hy L-he Buil_ding Standards - Design Control Subcommittee and said that this apart- ment house would be north of Georgetown aL�arcments, and south or" the elementary school. ile then showed the Council the plans an� said that he felt that this was a fairly n�_ce addition to this ar�a, He said that the apartment would £ace che river and the garaye� would have the back racing nnna Avenue. Councilman Samuelson said, while looking at the plans, that this °�aoula achieve a clean iine as opposed to a line oi cars. The City EnSineer said that there was one additional item 1-ae would like to have incluc3ed, which would be to provide necessary riyht of way froml3-ie 1aroper�y to make the road right ot way 41` wide, and on the sou�h end ox Anna Avenue, give an easement for a turn-around. I3e said tYiat there is no right of way between the qarages and the area co the south, and 'chaL it would probably be needed as eventually acceas becween tze Georgetown apartments and the school woulc� be needed. In Lhe interim the easemez�t would be used by emer�ency equipment. Counca.lman Liebl questioned the amounL- oL- urzcic included on che � �lans. Mayor Yirkham pointed out that wiciz an.�',nglish Tudor design, they would be using eome stucco and paneling. IIe saa.d ihat the City's requirements are 50;/ brick and �lxis �lan does m�eL these speciiications, MOTION by Counca.lman Harris to approve �h� building permiL- sub�ecl-. to the stipulations impoaed by the Bui12,a.n1 utandards - Design Control Subcommittee wlch che adda.tion ot 1"uem ;�5: Yrovide ne- cessary riyht or way irom the property to make the t1.�na Avenue riPub of way 41' wide and on the south end oL Anna t�venue, yive easement for a turn-araund. Seconded by Councilman Samuelson and upon a voice vote, a11 votiny aye, f�iaynr Y.iricham declared L-he motion carried unanimoualy. Mr. Richard Harris asked about the handlinq o� che traific to Georgetown. The City Engineer said tha�. cne craffic would go on 59Z Way. Mr. Harrzs commented that thas will make a very busy street, and aslsed aboui the 5ignalizacion, Mayor Kirkham replaed that the plans are not �inalized as yeL. 2. CONSTDERATION OF A RE4UEST TO CGId57"RUCT A CpUNTRY t:I�CIIEN , RESTAURANT LOCATED ON LOTS 6 7 8 9 10 3,1 , l-�.�T]: i'FSR^1 OF 12, BLOCK 7, CITY VIh'W ADDITION, �NOF'•F1 CDUNTY, MINN. THE 3AME BEING 280 57TH PLACG N.li.� FRIDLEi', MINNE��'1'�. (REQUEST BY ERICK50N PETROLEUM CO1:P., 4567 WEST 7$TI3 S7.'REET, BLOOMING'PdN, MINNESOTI�) : J ��-' REGULAR COUtJCIL NJEETING OF SEPTENIBER 3, 1968 PAGE 9 � Teie City En�ineer explained L-he stipulations requested by the oubcotrunittee and added that the Resolution concerning 3rd SL-xeet has been �orwaraed L-o the main ofiice oS the Hi9hway Departmeni. Mr. I:eiih Holvenscot, Lrickson Petroleum Corp. said that i£ the vacacion was approvecl by che State, the parkiny could be moved �rom �iie wesc to che easc as the building was designed with that in mind. Councalman Sanzuelson asked i� 3 accesses would not be needed and the City Ln�,ineer said that there would be 2 inlets and 1 ouclec. Mr. Elclon Schmede}ce said thaL- the people in the area should have �irst priority and their main concern is getting 3rd Street through, that i1e is not in opposii,ion it7 the restaurant, but that considera- tion oE 3rd Street must come firsi. Mayor Kir',cham told him that this is why the parking has been changed. Councilman Samuelson as];ed Mr. Schmede]te iP sidewaiks would be an asset to the people. Mr. 5chmede]ce said that clxey would be. There followed some discussion aboat the placement of the side- ' walks, and L-he possibilitlr at future develo�ment to the west. It was a�reed thac they were �o p�.xi in sidewalks on the west side o1 L-heir propercy, and agree to put in sidewalks on the south when che property �o the cvest develops. The City Engineer suggesred thac chey be allowed to put in their own sidewalks. It was telt that the sidewalks on the south and west side would help to channel the Loo� traffic from the north down to tne signal, or the shopping center. Councilman Liebl asked Nir. 5chmedeke to come up to the Council �aule and look at che �lans. Atter cominy up, Mr. Schmedeke said that he was sa�is�ied. Irlr. Holvensto� saicl ihat he wauld like to make the Erickson Petro- leum Corp. interests per£ectly clear. He said that iP and when the �ii�hway Depariment closes the service roacl and reconveys it to �rivate ir�teresl-s, then �hey will deed this area to the west. If �he Iiiqhway Department closes the service road and keeps it �or adc�icional right oL way, anG E3oliday cannot get the land then they will nol-, deed 'che 60' sL-r�.p of land. FIe said that he has tall:ed to NIr. Burrill, vistrict Enlineer, and he has a verbal ayreement � to L-his, and could see no reason why it would not go through. 2'he City Enyineer askeci Mr. Aichard ozment i� there was any urgency to t7ieir request. Mr. Ozment replied that chey a re ready to start right away. � REGUL71I2 COUNCIL MEETING OF SEP1^EMBER 3, 19G&' PAGE 10 Mr. Holvenstot said thai tlze original �lan shawed c�rass in cPie boulevard areas and that he waxld like to requesL- that crusheG rock be used instead. He said L-hat they planned to L-ake out some oi the earth, and pu� d�n polyethelene to iceep the weeds trom coming throuyh. A visitor to the Meetiny said that from his own experience this does not work too we11, as it it is driven an, this breaks the polyethelene and the weeus still come throuyh. The City En�ineer added that i� we allow �his here, we woulcl have trouble enforcing our requirements in other areas. It was then decided by the Council thac grass should be used in the boulevard areas. Mr. Schmedeke said that if the Council cou1G be sure that 3rd street is Going through, �ine, but if l-h ere is any question, now is i:he time for consideration be£ore the building permit is issuec�. Councilman Samuelson explalned to Mr. Schmedeke that this 1s l:he reason a 60' dedication wz11 be part ot che stipulat�ons, and thereby a part of the builc7iny permit. i` ",1 � MOTION by Councilman Sarnuelson to concur vri�h the Building Standards - Design Control Subcomma.ttee recommendacions with the additions o�: Item #7: Dedicate 60' right of way on �he west side of the pro- perty contingeni upon vacation by Highway Dept. of the service road between 57th P1ace and 57ch Avenue. Itam �#8: That they would construct the 3rd Sl-.reet extension wirh sidewalk on one side between 57i.h Place and 57L-h Avenue, Item ;`r9: That the parkiny lot and trafPic pattern be appraved by the Engineering pepartmenc. Seconded T�y Councilman Iiarria. Ugon a voa.ce voL-e, all voting aye, Mayor Kirkham declared tlze motion carriea unanimously. ' MOTION by Councilman Sheridan to receiv� che Buildang Design Control SubcommitLee Meetang Minu�es of August Seconded by Councilman T,iebl. Upon a voice voL-e, all Mayor Kirl:ham declared the motion carried unanamously, RECESS• Mayor Kirkham called a 15 minute recess aC 1Q:OD P.M. Standards - 2II� 19fio. vociny aye, RECEIVING THE MINUTES OF THE PL�7INNING COMMISSION MEETING OP AUGUST 22, 1968• 1. REZONING RE4UEST ZOA $�68-10 &'LOA ;,`-6�-lDA, TO PD - HOi^7F12D DUMPHY• i� vy •�' hEGTJLAP. COTJNCIL ME:E`L'I1VG OF SEPTEMBLR 3, 1963 PAGE 11 '1�he Cicy Engineer saic, chat ihe first item ior the Council to 1 consider is the Planned Development Disirict rezona.ng which the ,.�lannany Commi�sion approved. He then explaa.ned why the Planning Commission ielt that this request should be approved, in that if the adda.tions to the PD District were also included within the Di�trict, rt woula a11ow �or close cantrol on these additional parcels also. If they were lePt as they were, �he petitioner could still use the 1and, but the Council would not have the con- i:ro1. He polnted out that the Planning Commission received Petition �r26-1968 opposed to the rezoning. PE�1'S�PION NO. 26-1968: THE UNDERSIGNED DPPOSE REZONING OF r"�i.VY PROP�RTY BST4dEEN LIBERTY STREET AND HUGO AND BETWEEN EAST RIVER ROAD AND RUTH STR�ET. THE ZONEA INDUSTRIAL ALONG THE TRACKS ON THE EAST END OF ELY LIBERTY AND HUGO I5 BAD ENOUGH WITHOUT TFIE INCREASE IN TI21lE'i IC CONFUSION AND LAi2GE SNCREASE IN PEOi'LE WHICI3 Vd2LL RESULT FROM PI�ANNED DEVELOPMENT REZONING. WE: PROPOSE I'P BE LEF�i [�S IT I5, R-1: MOTION by Councilman Lieb1 to receive Petition #�26-1968. Seconded by Councilman Samuelson. Upon a voice vote, all vota.ng aye, Mayor ' Kir7cham declared the moL-ion carried unanimously. Tlie City_Engineer explained to the audience that with a PD Di�trict, actually there are two ste�s involved. One is the rezvning with �ublic FIearings before L-he Planning Commission and the Council, then the iinal plans also require a Public Hearing before the Planning Commission and the Council. Councilman Samuelson as]ced the audience ii they had seen the plans. They replied that ihey had and a visitor to the Meeting asked iL any o� L-he plans had been approved at i:hiu time. Mayor Kirkham answered that the plans are not Einal at tha.s point, thereEore they do not have approval. He said that the Counca.l has seen the plans and have agreed with the concept, but this does not constrtute aE�proval, as the plans were not final and there has been no Public Hearing before tlie Council. A visito� to the Meeting said that chey were led to believe at the Planniny Commission Meeting that che plans were already approved and zf the developer wanted to scart digging at this time, he could. Councilman 5heridan assured lzim chat this was not so. The visitor then aslced i£ the oriyinal �roposal �Tas not a townhouse type oi development. The City Engineer ' saia thaL- i� looked 1i7ce townhouses because oL- the chanyes in ele- vation, but it actually was an apartment house. The vis,�tor then saic� chac the reason nothiny was said beiore by the people in the area was that they believed that it was ta be townhouses and this they would not be opPosed to, but they did not want a large apt. house. REGIILAR COUNCIL MEETING UP SEPTEMBER 3, 196� PE1GE 12 � COMMUNICATION: OLIVER ERICKSON, GICE-CHAIP�T�IAN, PLANNING COMMISSTON- (ERCO INC,) MOTION by Gouncilman Harris to receive the cammunication irom Oliver Erickson dated Auyust 30, 1968 suy�es�ing that Mr. Dumpi7y be requested to produce evidence o� ownership on Lots 32 ta 25, Block 10, Spring Brook Park, Seconded by Councilman 51�eridan. Upon a voice vote, all vating aye, Mayar Kir7cham declared rhe motion carried unanimously. MoTION by Councilmanl�ris to set the Public Elearing date oi Occober 14, 1968 ior the rezoning requesc (ZOA ;r6E3-10 & ZOA ;;6II-10A) by Howard Dumphy to rezone to PD, suggest chat the petitioner brin� all available plans, and to produce evidence of ownership or agreement by the fee owner to rezoning. Seconded by Councilman Sheridan. Upon a voice voie, all votiizy aye, Mayor Kirkham de- clared the motian carried unanimously. Mayor Kirkham said thac in defense of L-lYe Planniny Commission he would like to read parayraph 2 on pac�e £i o,`_ �ize Planning Commission � Minutes, where the Planniny Commission cloes aoint out to the people tha�. no =ina1 plans have been approved as yet, 2. VACP.TION REQUEST: SAU ;�68^15, �ETER �, LTNDIIERG: 24 FOOT SERVICE DRIVE E1�.SEMENT: (]_,zlinc� West oi and Parailel to East River Road and North o� M,ssissippi tiqay) The City Engineer said that the Planninl Cattunzssion had approved o= this request. I3e saicl that the 13' to be dedicated wou�.d go the Pull length o£ the property, and would increase the riyht o� �aay from the center oi t"rse road from 50' to 63'. Councilman Sheridan asked i� there were any more easements needed in ihis area, and zhe City EngineeY said thai the City alreac�y t7as L-�xem. MOTION by Councilman Samuelson to set �he Pui�lic Heariny dace sor the vacation request ior Peter J. LinclaerJ tor October 14, 1968. Seconded by Councilman Liebl. Upon a voice vote, all �ociny aye, Mayor F:ir"icham declared the motion carrzec; unanimously. , .,�� MOTION by Councilman Samuel„on to receive che P4inuces oi the Planning Commission Meetiny of August 22, 1968. seconded by Council- ' man Lien1. Upc�n a voiee vote, a11 voting aye, Mayor Kirlcnam declared the motion carried unanimously, rJy�'+ r ;:EGIII�AR COUNCIL MESTING OF S"EP'lEMBER 3, 196II PAGE 13 12EC�IVINU �l'HE MITrU`l'ES OL' THE BOARD OF APP�ALS MEETII3G OF AUGUST 21� 1908- Tne City r�nyineer said thaL- there U�as no Councxl action necessary, "aut that he wanted to �oint out chat the Board oi Appeals denied a requesc by Country Vs11a�e SupereLte Eor a pylon sign variance. T�tO'�ION by Councilman IIarris to concur, and recel.ve the Minutes oi Uze 13oarc3 oi Appeals t4eetin;� oE Aizgust 21, 19G8. Seconded by Cc�uncilman �amuelson. Upon a voice vote, aI1 vocinq aye, Mayor hirkham declar�d the mocion carried unanirnously. 1:LCLIVING TiiE MINUTES 01' ^1H� PARIZS AND RECREATION CDMNIISSION I�L^"'PING OF 1:UGUST 26, 196u: MoTION by Councilrnan Lieb1 io receive l;he Minul-.es of che Parks and P.ecreation Commi�sion Meeiing oi Au�ust 26, 1968. Seconded by Counci3_man Samuelson. Upon a voice vote, all voting aye, Mayor I.ir]u�am declared the motion carried unanimously. I.L'CETVING BIDS OF UNDd;Ri3[�72 F012 SHOREV�OOD LOUNGE AND AidARD OF CON- TF,[�CT (Opened 11:3D A,T�1, , September 3, 1968) : The City Manager gave a run-down ai the bids received. Councilman �arnuelson asked ii Supera.or Products could not rneet specifications, since L-hey were the low biclder. The Ci�y Manager said that they ?�ic1 a 22" depch sinlc and we �nly have roon �or 1II" depth. The �ollowa.nl are tlie bids received: COMPLETION PLAL�EiOLDiR BID DEP05IT BASE BID DATE Goulet's Inc. 601 No. 4th St. i�Iinneapolis, Minn. J.F. Palen, Inc. 173 Glenwood Ave. Mznnea�olis, Minn. Superio_r Products 1826 N.E. Marshall Minneapolis, Niinn. 5°,� B id B ond Home owners Ins. $71.00 Cert.Ck. Mtc�. Co. $56.87 Cert. Ck. $1,850.00 $1,420.00 $1,137.39 30 Cal. Days 45 Cal. Days 60 Cal. Days ' 1 ' r '� � REGULAR COUNCIL MEE'PING OF SEP�PEMBER 3, 1968 PtiGE 14 � MOTION by Councilman Samuelson to award ihe coniract for Underbar Sink Remodeling at ilie Shorewood Loun�e i=o Joseph F'. Palen, in the amount oi $1,420.00, wzth completian date oi 45 days. The motion was seconded and upon a voice vote, alI votiny aye, Mayar I:arkham declared the motion carried. DISCUSSION OF TWIN CITY BUS 'LINE STOPS: The City Manager said that the letter trom Twin City Bus Lines h as not been received to date. He su5�esied L-he Council wai'c until the final schedule oi: stops is rece�ced, and discuss chem at that time. Councilman Liebl said that che Ca.ty must ma]ce certain that the heavy buses only be allowed on heavy-duty streets. Phe City fdanager said the bus is now scheduled to go north on Baker Street instead aF Jackson as originally planned, MOTION by Councilman Samuelson to taple this iLem until further iniormation is available, Seconded by Cazncilman Liebl. Upon a voice vota, all voting aye, Mayor Kirkham declared the motion carried unanimously. ' DISCUSSION OF STORM SEWER PROPOSALS IN RICli CR�EY. TERRACE PLAi AP.EA: The City Engineer said that the City has received several peLitions from this area £or the improvement of the screeis. However, che siorm sewer is under-designed and should really be done iirst. He said that the people ieel that they hava already paid for the storm sewer which was put in by the developer. I3e said that soane o� che streets could be done with only minor changes in the e�:isting storm sewers, The Council must decide what chey want to do about the pondin� in the Riedel property. He saia �hat ii the pondin� was left as it is it would probably require some beauti£icatian. Councilman Harris said that this property is now zoned R-1 and there has been some pressure to have it zoned 'co a higner use, as this will be very valuable property. The City Attorney said that the Riedel heirs have requested 'cheir attorney to bring action against the Cizy oi Pridley tor uszng their property as a storage of storm water. He said that he hacl told the attorney that if this was done, �he City would be �orced to put an storm sewers and assess the �r�aerty owners. He said � that ii the City oc Fridley sk�ould decide co use the propercy kar ponding, they would have Lo acquire the land, �robably about 5 acres. Councilman Harris felt that perhaps $100,000 for beautification and acquisition oi the ponding area would be noiha.ng compared to the posaibiliti�s 18 acres would have, z� zoned to a higher use. ��'� , � REGULAP� COUNCIL MEETING OF SEPTEMBER 3, 1968 'Phe City ��ttorney asked iP minor changes could be storm sewer so the peo�le could have the streets. gineer said that he c�id nol-. think all the streets �roperly. MOTION by Cauncilman Samueison f brang back facts and iigures for Harris said that he felt that it Engineering Department to draw u ;�e done with a minimum oi change wiL-hout changing the out£a11. PAGE 15 done now to the The City En- cauld be done or the Engineeriny Department to a Public Hearing. Councilman would be better to ask the p some maps of which streets could s to the existing storm sewer, COUNCILMAN SAMUELSdN WITHDRh'W MOTION. MflTION by Councilman Eiarris to direct the Adininistration to brinu back detailed maps showing which streets can be done without additional storm sewer work. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the snotion carried unanimously. REDEI7ICATION OF AN ALL�.Y IN BLOCK #1Z, PI,YMOUTH ADDITION: 'rhe City Engineer explained that normally the City does nct allaw �eople ta build on alleys but in this case there are already garages there. He said that the people are wa.11ing to dedicate l:he alley back to the City, the questian is, does the City want it. i3e said that there will not be any building permits issued until che alley is cieeded back. Councilman Sheridan said that he re- cailed that there was some crouble when the City vacated this alley and that he thouyht it had to clo with some feud. MOTION by Councilman Samuelson to table this rededication ior iur�her study, and have iL- brought back toiize next regular meeting, Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the mo�ion carried unanimously. PSTITION NO. 28-1968 - r,LIMINA'1'ING LIGI3T AT 69TH AVENUE 1'.ND 69TH YZ[�CE • ihe City Engineer commented that it was felt that a street light was needed here, ancl that once before the City was going to put ane an, but the people nad requested thai. it not be done. MO'I'ION by Cauncilman I3arris to receive Petition �28-1968 and concur with chea.r request. Seconded by Councilman Samuelson. Upon a voice vote, all votina aye, Mayor Kirkham declared the motion carried unanimously. ' 1 1 � �� 5� F�� REGULAR COUNCIL MEETING OF SEPTEMBER 3, 1968 PAGE 16 Mayor Ka.rkham said that the City Manager was to relocate the light at another intersection where needed. CONSIDERATION OF REQUEST FOR SIGN PERMII ON HIGHYTAY #65 BY NAEGELL OUTAOOR ADVERTISING COMPANY: The City �ngineer said that this was north oi- Suburban Enc�ineering and south of the tracks. He said that L-here was one there origi- nally that was lost in the tornado. A representative £rara DTae�ele ourdoor Advertising Company said that this reyuest is for the same size sign as was there before. MOTION by Councilman Samuelson to appro�e che request for a sign permit for Naegele outdoor Advertising Comuany. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Y.irlcham declared the motion carried unanimously. CLAIMS- � MOTION by Councilman Harris to approve General Claims #15874 through ##15939 and Liquor Claims #z521 through ,`t2545. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor I:irkham declared the motion carried unanimously. L l ESTIMATES� MOTION by Councilman Samuelson to approve L-he rollowing esii_mates: Arcon Construction Co. Mora, Minnesota partial E:�timate ;¢3 �or work completecl this date according to contract; Street Improvement Project St. 196B-2A Partial Estimate �3 for work completed tnis date accordiny to contract: Street Improvement Pro�ect St. 1968-1� $11,461,22 $11,7Q2.71 Seconded by Counciltnan Liebl. Upon a voice vote, a11 votin� aye, Mayor Kirkham declared the motion carried unanimously. LICENSES- Councilman Sheridan asked about the Solicitor's License for St. John's Baptist as it has not been appro�ea by the proper authoriLies. /; �➢'x REGULAR COUNCIL P•'L�E^lING OF SFPTENLRER 3, 1968 PAGE 17 The City Manager said that the Police Department has been trying to verify this but so lar they do not feel that they have enough facts to warrant their approval. Councilman Liebl said that he would not be opposed to house to house solicitations', but not in shopping centers. MOTION by Councilman Liebl to approve the £ollowing licenses. The motion was seconded by Councilman Sheridan c��ith the deletion of the Solicicor's License for St. John's Baptist, 1919 Plymouth Ave., Minneapolis, Pdtnnesota. GENERAL CONTP.ACTOF Gunder Andersoa Const Co 10515 40th Avenue North Minneapolis, Minaesota Ovick Home Builders 7083flickory Diive Fridley, Minnesota Twin City Standard Co 7&DO T'essc�an Drlve }linneap�lie x4{nne5«tx 23cNei1 lirothars Const. 9340 Spc�dicate Ave. New Srigh[on, Mitineeota VENDING MACHINE Fridley DY Station 5701 University Ave. Fridley, Minnesota � By. Gunder R. Anderson NEW By: Morris Ovick Rv Nrart�e C.�f£�ea•. By: John G. McF3ei1 REPdEF7AL l6�Ld ,� By: Roy Toltle Vending NE41 —- --- — —I 0 0 � Approved Bro BLDG, INSP. BLDG. INSP. ' BLDG . IP1S P . BI �. 7FJSP, Health Insp. Chief o= Police 0 , r a . � � REGULAR COUNCIL MEETING OP S�PTEi�Eh 3, 1°68 PAGE 18 LIST OF MULTIPLE DWELLING LICENSES TO BE APPROVED BY COUNCIL Se tember j, 1968 _�� September l,_1�68 -$eptember 1, 19G9 OWNER ADDRESS UN9'i5 FEE Edward A. or �eanna Ande�son � 5808 Decatur Ave. No. New Hope, Minnesota 55428 6061 - 2nd St N E< 4_ 10,00 Walter & hlary Slfln2r 4427 Monroe St. N. E. Minneapol�;, M�nnesota 554Z1 �. L Scherer 65z5 - 2nd St. N. E. Fridley, Men�esoTa 55432 Dr. Irving Ne.rman 1135 Medical Arts 6ufldtl�g, Minneapol�s, MinnesoLa 55402 Dr. Irvdng Herman, 1135 Medecal Arts Bu�lding Minneapolis, Mennesota 55402 Floyd C Bradley 5861 Moore Lake D+ive Frid]ey, Minnesota 55�F21 Floyd C. Beadley 586I Moore lake Drav� Fredley, Mannesota 5542� Floyd C. Bradley 5891 Moore Lake Drave Fridley, M�nnesota 55421 Donald J. Fleegle 4617 Polk St. N. E. Minneapolis, Minnesota 55421 Mrs. L. A. Torgeson, 6065 - 3rd St. N. E. Fridley, Minnesota 5542� John Pendzcmas 6624 W Broadway � Minneapolis, Mcrfi Asota 554Z8 Morris Ov�ck, 6979 Hickory Drive Fridley, Minn=sota 6511 - 2nd St N. E 6525 - 2nd Sta N, E 5770 - 2'-z St, N, E 5g46 - 2� St No E 5900 - 2� st, N E 5908 - 2'-z St. N. E 5916 - 2'�- st. N E 606� - 2'-� St, N. : 606t-63-65 ° 3�d St. N E 5�+01 - 4th st N E 5419 � 4th st N. E,e — -- � 4 7 11 6 7 7 7 4 3 4 4 1Qo00 10.00 iDeQO � �� 10.00 � �� 10.0a 10.00 � •� 10.00 � ir. REGULAE2 COUNCIL MEETING OF SEP7'EA1BF._n 3� 1968 Robert A. Skogrand & Thomas H. Buesing _ 13�9 Pennsylvania Minneapolis, Minnesota 5800 - 4th St. N. E. James R Bateman 3001 Oliver Ave. No Minneapolis, Minnesota 55411 542$ - 5th St. N. E. Irving Efron 3�z5 Salem Ave Minnepolis, Minnesota 55416 262 Po 57th Place N. E. Fosler & Dombrock 4088 Kentucky Ave. No. Minneapolis, Minnesota 191 - 59z W�Y N. E. 1 Fosler & Dombeck 4088 Kentucky Ave No. Minneapolis, Minnesota 190 - 59'-z Way N. E. 1 William H. Gottwaldt Richard W. Gottwaldt Donald C. Savelkoul 630D Baker St. N E. Fridley, Minnesota 6341 - 43 Highway #65 10 Leonard S. Jacobsen 812 N. Howell St. St. Paul, Minnesota 55104 6379 Highway #65 Robert N Conley 5336 Bryant Ave. So Minneapolis, Minnesota 55419 6393 Highway #�65 Miles Construction Co 4500 Lyndale Ave. No. Minneapolis, Minnesota 55412 106 � 77th Way N. E. Dr. Irvin Herman 11j5 M2dical Arts Building Minneapo}is, Minnesota 55402 181 - 79th Way N. E. e e PAG� 19 UNI 4 4 8 2 2 $ 7 4 8 0 FEE 10.00 10.00 10.00 12.00 12.00 10.00 1D.D0 10.00 10.00 10.00 , � � _� e s � � � REGULAR COUiSCSL PQL'.ETING OP S�PT�D4BER 3, 1968 AD�RE55 M. A. Biddle 4800 Cedar Lake Road So. Minneapolis, Minnesota 211 - 79th Way N E. Irving Efron & Irving Herman 3�25 Salem Ave. Minneapolis, Minnesota 55416 5950 East River Road Miles Construction Co. 4500 Lyndale Ave No. PAGE 20 UNITS� FEE 8 10 OD 12 Minneapolis, Minnesota 7673 East River Road N. E. 4 Lynde Inventment Co. 270D Raleight Ave. So Minneapolis, Minnesota 99D Lynde Drive N E. Lynde Inventment Co. 2700 Raleight Ave. Minneapolis, Minnesota 55416 910 Lynde Dn ve N. E. Lynde Investment Co. 2700 Raleigh Ave. So. Minneapolis, Minnesota 55416 950 Lynde Drive N E Dale Crosby 3010 Sumpter Ave No. Crystal, Minnesota 55427 7400 Lyric Lane N. E. William C. Warner Route l, Box jll Wayzata, Minnesota 55391 6021 Main St. N. E. A. C. Mattson 120 Mississippi Place N. E. m � � [3 L�! Fridley, Minnesota 55421 120 Mississippi Place N E. 4 Benny B. Brown, 1173z Champlrn Rd. Route #4, Osseo, Minnesota 55369 137 Mississippi Place A. C Mattson, 120 Mississippi Place N. E. Fridley, Minnesota 554z1 157 Mississippi Place . 4 4 12.00 � �� ,�� „ , i� �- , � R�GUL[�R COUNCIL M6ETING Or SEPTEMBER 3, 1968 PAGE 21 UPON A VoICG VoTE, a11 vo�ing aye, Mayor Kirltham declared the � mocion carried unanimously. RESOLUTIOtd :'k120-19G8 - A REBOLUTIQN ORDERING IML'ROVEMENT AND FINAL PLE1tYS AND SPECIFICATIOi�TS AND ESTIMP,TES OP COST THEREOP: WATER, SANI'SARY SEVdER & S�l'OR.t$ SEG�IER y-88 (ADDENDUM ;�2) : The City Engineer explained that the Public Hearing was held ior this about u months ago and it was decaded 3�y the Council not to order it in at that tirne. It is 7�rou�ht bac7; ior Council consad- eration as ii thiy resolution is not acted upon tonight, at would entail a new Public Hearing. He said that Lhe cammercial axea needs the sewer and water very badly, and ii improved, wauld de- ve].op quite rapidly. TIe said that the water and sewer would run n�rth and south and tlze starm sewer wouid run east and west, so ihere would be no common trenches. Councilman Shera.dan asked ii the wacer table were to k�e locaered, would theYe be a reduction in cost. The Czty Engineer replied that there would be no appreciable re- dL�c�ion if L-he wor7s is done in the late Eall and winter when the waL-er L-able is low. Iie sazd that ii the Ci�y were to know that we vaere gaing to ciec participation 3�y Spring Lake Park and the � Hi�hway �eparcment t%e pro�ect could wait until next spring :�uL- so iar, the expectaLion o.� participation would be unrealistic. P��r. Richard �?arris said �hat iP the City of Prid.Iey did not do anything for the people in L-his area, his company would be �orced ta do somethzng. He saac� that he did not ihinit if right that pravate ditches are beany eased to drain oif other area's storm waL-er, and tha� these ditches belong to Harris Erection. The City Hctorney pointed ouL- tliat when the Publae Flearing was helcl ior tiYis pro}ect, there vaas no support. I�'ix. Harris said that it seerned to him that ic w�u1d be easier and cheaper to loop-bac;c tlie wacer line irom the 12" University Avenue line rather than jaclrin�� the 6" line unde� tl�e railroad tracl�s. He said that a line could he run across 79�h and k�ack c'tovan the easement to University Avenue ac "r'7�i7 where there is an easement. He said �I�al-. he dici not t'riinic a 6" or 8" line woulcl be biy enough. The Cicy Lncjineer said that ize thought tha� T�1r. Harris had same mis- in�ormation. He said 'chac i�� F�ou1d be an E" Iine tnat would be jacked under ttie railroad cracics and hoolc onto a 12" main. He saicl chat jacking would be cheaper, than the solution Mr. Harri� proposed. He said trxat the easement Mr. Harris proposed usin�3 is � N.S.S.S,D,'s and �he City cioes noc have the xigh'� to use ii, thereiore, this would eniail condernnatian proceedim�s which would noL- be cheai�. Counciiman samuelson su�c�esL-ed chat to exnediie the problem oi the badly needed water and se�aer in this area that the resolution be d ��, REGUL�'12 COUNCTL MF.ETSNG OF SEPT�NIF3ER 3, i9v�u PAG� 22 � passed. �1'he City Engineer agreed and ac�der_1 cnac tize Counci� couid order that construction be held up. r10TION by Councilman Harris to adopt ;e�oluCion ;;120-19GS o_derin, improvement, iinal plans ancl speciiica-�ions ior water and se�,ver in tne E1m, Beech Street area, and order tlzat 4h� construction be .ie]_d up. 3econded by Councalman Samuelson. tipon a voice �o�e, all vot3?ncs aye, ritayor I�irkham declared the motion carriacl unanimously. RESOLUTION �1.�1.^19fiS - RESOLFJTION ORDERT\IG i�PLLIMINARY PLANS L�1VD SPECIFICATIONS AND COSTJ THE12�Ok': STORNI 'u'LuVL�'R PROJ�CT =�r89: The Cizy Engineer said that there is an existiny 24" pipeline, anrl ai1 the area east oi T_�I. ;';ro5 and nortiz o-' �he creek drains L-o this pipe. I3e said that Norton Avenue 'ias a pro;�lem cazch .�loocling_ The City does have an ac�ree:nent witYi 5pring La;;e ;>a�k ,�or parti- cipation and �his resolu�ion is �or auchorzzation ol: pre�araiioxz 01_ a pxeliminary repari. � MOiION by Couneilman Samue]s on to adop-c �espluc�.on �121-1968, Seconded by Councilman Fiarris. Upon a �oice �o4e, a11 voi:iny aye, Mayor Y:irkham declareci �he motion carr�.ec1 unanimously. REuOLUTIOL3 #122-1968 - RESOLUTION CO�FIRT�ING ZaSSESSML''NT FOtZ S'1'OP14S SE41T�R PROJEC^1 i'r87: MOTION by Councilman E.arris -Lo adopt P,esotuL-ion ;r122-1965. Se- conded by Counca.lman Samuelson. Upon a�oice vote, all voting aye, Mayor Ka.rkham declared the ma�ion cazrted ui�anirnausly. RESOLUTION #f123-1968 ^ RESOLUTION TR�1NuPLRRSDIG CERTAIN COS^tS AND EXPENSES PROM SEW�R. WA`1`r,R AND STORM Sh'S'7�R ii-&4 `l'O S"1'ORM ur,�N7N.P. PROJECT ##82- MO''ION by Councilman Harris Lo adopt Resolucion ;t123-1963. 5e- conded by Councilman Sheridas�, Upon a voice vote, all voting aye, Mayor Kirkham declared 'che motion carried unaniiaously. COuT PAR�i'ICIPATION FOR STORM SEF7ER PROJi.C'1' NO. a2 POR TI3L'� P'1[1DISON STREET AREA NORTIi OI' S3RD AVENUE: � MOTION by Councilman Sheridan to concur wi-�n che recommendation oL the Finance DirecLOr ior equal cost parL-icipation �or ail wicliin the district. Seconded 7�y Councilman Samuelson. Upon a voice vote, all votiny aye, P4ayor Kirkham declarec� L-he motion carxiecl, � fl REGULE'�17 COUNCIL ML�T2NG 01 SEi�TEf�ER 3, 19G8 PAGE 23 ��ESOLU"i'TON =it124-1968 - RESOLUTION TRANSFH;RRING CER'PAIN C05T5 AND r"7. {P3NSL;S �'ROM STORM 5L'taE12 P170JECT ;; 5 TO S`7'ORM SL'f�ER PROJECT r,`�32: M0�1'ION by Councilman Harras -co adopt Resolution ;�124-1968. Se- conded by Councilman Samuelson. Upon a voice vote, a11 voting aye, P4a�or I:a.r]�harn declareci che motion carrxeq unanimously, i{j�SOLiJrPTOi�i t;125-196� - RLSOLi3TION DIR�C�l'ING THE ISSUANCE OF TEM- 1�04ZAI'Y TP+].PROVEMENT BOND�3 FOR S�PORM Sh'WER IML'P.OVEMr3�IT PROJECT SS ;f87x P�ZOTION py Counczlman FIarxis co adopt Resolution y#Z25-Z9ki8, Se- conded by Councilman 5amuelson. Upon a voice vote, all voting aye, Mayor F:irlcham deciared -�he motion carried unanimously. RLGOLti'PION f�126-1968 - RESOLUTION DIRECTING 7'HE SALE AND PURCHASE OP TEMPOI�I{Y IMPROVEMF,NT BONDS POR u�ORM SL'(ry7ER IMPROVEMENT PR03ECT 1=87: :�TIOPdioy Councilman Samuel.son to adopt Resolution �'-126-1968. Seconded by C�unczinan Sherzdan. Upon a vo�c e vote, a1.I voting ayc, Mayc�r Kir7�ham der.lared the mo�ion carra.ed LZnanimously. RESOLUTION ik127-1y6o - Rk,SOLUTION DIRECTSNG THE ISSUANCE OF TEMFORfsRY INIPROVEMENT BONDS F012 STORM SEW�R 1'ROJECT ;#g2: MO�i'ION by Councilman �Iarris to adopt Resolution ;f127-1958. Se- canded by Councilman 5heridan. Upon a voa.ce vote, all voting aye, Mayor Kirkham d�clared che motion carried unanimously. Rr.uOLU'1ION -}r128-19G2 - RESOLU'PION DIREC'PING TI3E SALE AND PURCHASE f7F T;:Mt�012AitY II�LpROV�NT BONDS FOR STORM SEWER PROJECT �k82: MOTION by Councilman Sheridan �o adopt Resolui.ion #�128-1968. Se- conded by Counca.lman Samuelson. Upon a voice voi.e, all voting aye, Mayor Kir}>harn declared the mocion carried unanimously. Ri,uOL�TTIObT f�129-196$ - I2P�.SOLUTION DEtllERING PREPARATION OF ASSP,`SS- NILN`P ROC.L POR SL'V7�R, V7ATER 1�TD STORM SENTI:R �1�8£3: tdOTTON by Councilman Harris ta adopt Resolution q#129-1968. Secondecl by Cauncilman Samuelson. Upon a voice vote, all voting aye, I�iayor Pirldzam declared L-1ze motion carried unanimously. RESOLUTION ik130-196a^ - RLSOLUTION ORDERING PUBLIC HEARING POR SEWER. V��A'1'ER, AND STORM SEG4�R PROSLC'P ;'$£38: Mo'�'ION by Councilman Harris to adopi Resolucion �130-1968. Seconded by Councilman ,Sheridan. Upon a voice vote, all votin� aye, biayor I�.irtcham declared the inorion carried unanimously. � � �1 w REGULIIR COUNCIL MEETING Oi� SEPl'$MBER 3R � 9G8 PP,Gli 24 � RESOLU^tION '�131-1968 - R�;SOLUTION ORDERING YREP1iRA�1'ION QF %�SS�,SS- MENT ROLL FOP. 1968 SERVIC� CONNECTIONu: MOTION l�y Councilman Sheridan to adopL- a2eeolu�ion y#131-1963. Seconded by Gouncilman Samuelson. Upon a voice voLe, i.here l�ein� no nays, Mayor Kirkham declared the motioiz carried unanimou� y, RESOLU'1IOI3 $�132-1968 - RESOLUTION ORD�RIIVG �'Ui3F,If; iS�T�i2�NG 1'L ti�1�58 SERVICE CONNECTIpNS: MOTION by Councilman Harris to adopt ResolLltion r,�132-1968. ;;ecunded by Councilman Sheridan. Upon a voice vote, all vocing aye, Niayor Kirkham declared the motion carried unanimoasly. DISCUSSION OF METHOD OF ASuE55ING WATER 1'.ND SAI�IITARY SEGdER IN TtiRG�T AREA - SANITARY 5�7ER AND V7AT1�:R PROJEC`1� �,=U4: MOTION by Councilmara Samuelson to concur wach �he Iinance Direc�or's recommendation to assess everyone at tlze same rate on an ar�a , basis. 5econded by Councilman �nridan. Upon a voice vote, all vo�ing aye, Mayor Kirkharn declared the i�t�tion carried unanimously. RESOLUTION ;r133-19G8 - RESOLUTION TRI�iStEP.RING COS'PS FROM Sr'1NITARX SEWER Z�TD WATER PROJECT #i=84 TO SEWER, L7Al'1;P. AND STORM SEV7�R >r£�'S: McYPION by Councilman Harris to adopt Resolution ;�133-1968. Seconded by CounciZman Lie}�1. Upon a vo�_ce voce, all voting aye, Mayor Kirkham declared the motion carried unanimously. CONSIDERATION OF INCLUDING COST OF FU'lUR.L STORM uE49ER LA^1ERAL LINL ON DI30NDAGA STREET IN THE COST OF SEWL12. LdATER AND STORM SEVaER ,''8�'�: The Finance Director explained that chira work was cut out ot �he project, therefore, rhe question is, shouid the entire discrict be assessed now at �he same rate. If not, when improved at sotne later date, this will ac�ually be a districL- wif.hin a disL-ricc, at a di�ferent assessable rate. The City AL-i.orney said that the City could not �ssess a portion o� a pro,7ecc �alv.ch has been deleted, witnout puttinG it bacic into the project. MOTION by Councilman Harris to delete che onondaga Streei area � from cost participation on the assessment ro11. Seconded by Counc�_1- man samuelson. Upon a voice vote, a11 voting aye, Mayor I:ir7>ham d eclared the znotion carried unanimously. RESOT�UTION #134-1968 - RESOLUTION TRANSFERRIIQG CERTAIN COSTu ACSD EXPENSES FROM SEWER, WATER, AND STORM SL�VJ�R ;';8� TO ^lAE PUBLIC UTILITY FUND- i �, �, ;�GUF�AR COiINCIL MEETING OF SEPTEMBER 3,196u PAGE 25 'Pize City Engineer e3;Zalained that there were a lot of sewer main , brealcs in Cheri Lane, so �ahen tYie Target line went in, Gheri �ane was connected onto it. MOTION by Councilman Sheridan to adopt Fesolution #134-1968. ;3econded by Councilman Sanluelson. Upon a voice vote, all voting aye, Mayor I.irldiarn declared the motion carried unanimously. C ITY GI�F2E�GE : Councilman Liebl asY.ed ii the City Garage had water yet. The City Ln,ineer said that they were originally yoing ta get the water line when the Ice Arena line went in, however, the Arena aonstru- ctaan vaas delayed as the County re-advertised ior bids. He said chat they had tried temporary sand points but they did not work due to i.he soil conditions. He said that he had talked to the contractar and was told l-hat as soon as the pilin�� work a� com- �lececi, chey can start on the water line� so it would probably he 4 - S weelts. Counci3man Lxebl ielt that a temporary solution should be arrived � at at vnce, and not wait any longer ior -the Arena contractor. 1*here followed a da.scussion on the possibility oi running a hose either irom the Loc]�e Par]c we11, 73rd Avenue or 69th Avenue. ^_'h� City En,ineer said that i.here are many solutiona to this, ana L-nat all he needs is the Council's authorization and that he is concerned al�out the Public VJorks employees also. He sai$ that the hydrant on 69th Avenue is abaut 600' and is the closest, and coulcl be �zsed. MoTION by Councalman Ilarris to have a plastic pape rixn Prom the hyclranl: on G�3th Avenue �o iurnish water temporarily to the City Garage. Seconczed 3�y Councilman Sarnuelson. Upon a voice vote, a11 voting aye, Ma1>or I:ir7,nam declared the motion carried. COP�'In'NNICAT I ONS : A. RP'LS COMPANY: i.7:TENDING COMPLINLENTS TO THE COUNCIL IdOTION by Councilman s'amuelson i.o recea.ve the communication irom 1tNLS Company dateu August 20, 1968. Seconded by Councilman Harris. Upon a voice vote, all votin� aye, Mayor f.irkham declared L-he � motion carried unanimously. E. LEAGUE OP P?4N1�N VOTERS: SUGGEST LT^7V DEMONSTRATE VOTING MACHINES Tha P3nance Directar saicl that possibly the Judges might need L-l�e�r ize].p ac the General L1ecL-ion. Cauncilman Samuelson said rJ _. REGtiI�R COUNCIL MEETING OF SEPTEMBER 3, �°6� PAGE 26 � thai he thought that this service shoulcl remain under the ,7uris- diction o= the reqastered ,Tudc,�es, If they wisi� �o demonstrace che machine prior to the General Eleccion, �ine. �i'he Finance Director said that they 13ave been doin�s L-n;,s a� the shoppiny centers, bui. are asking �o be �aid ii iizey c+e:nonstrate ac tlie General Election. n10TION by Councalman Sarnuelson to have �he ue�nansL-ratian a�°_ the voting machines on eiectian days remain wi�hin che realm o: L-he lteyistered Judges. Seconded by Cauncil:nan Giieriaan. Upon a voice vote, a11 voting aye, Mayor I:irkham declarea L-he motion carri_ed. C. DATA SYSTr'.Mi, INC.: ANiQUAL PiCNIC AT .TACKG L�F1P._: MOTION uy Councilman 1Iarris to receive L-he cor�ununication ir�m Data Systems, Inc. dated Augusc 16, 19G�. Seconded Uy CouncilAnan Sheridan. Upon a voice voce, a11 votitlg aye, P4ayor ;,ir7�liam declared the motion carrieci unanimously. � D. SCIIOOL DISTRIC'P ii=�4: CHE:SE ISL.'1ND ['-sCC"u'SG 1�OAL' EASL''Mul�`�', DATED AUGUST 27, 196J: Ti1e City Enyineer said chat the cul-de-sac is necessary ior L-he imnrovemen�. Councilman LieUl said that L-he Cicy hacl ma�e a commitment and wouZd li:�e to stick ta ?L-, �1 possiule. Ii the cul-de-sac could not be o;�cained, che street woulcl be dead-ended. Councilman Sheridan �elt i:hat maybe iL- ��ou1c i�e best to drop the pro,7ec4 at this time, and coulca be re-considered when Chase Tslancl deve]_ons. Then ma1,�e relaiions beiween Lhe City and 3clzool Discrict „14 would "ue better. '1'he City Attoxnel said that the onlv way to yet che land now wouZd be by conaemnation. �i'h�re is also the question o� whether the sciiool propercy ±s beize�_itting. Councilman Harris ielt that ii, would not be reasona��le to spend thav ��raciz rnoney �o-r a condemnacion to che Ssland which lzas noc beeiz imE�rovecl, ancl may not be ior some year� tc come, Councilman Harris suggestecl tryin� re-ne7otiaL-ions. Gounc�.lma� Liebl a�reed, in i�hat the cul-de-sac is necessa-ry, and iF it cannoc be obtained, to drop the projecL-. Counc�lrnan Samuelson agreed. MOTION by Counc�lman Harrls c.o try re-negotia�ion� wiL-h School � District ;�14 and the apartment house ��wner. Seconded by Council- man Samuelson. Upon a voice vote, all voting aye, Mayor Rzrkhaia declared the motion carried unanlmously. y/ /1 ¢� �' Rli�UL:'�Ft COUNCIL MEETING OL' SliPTEMBER 3, 1968 PAGE 27 �. INU'WALD SIVERTS; P.EQUEST FOR NAMING OP STREET; � t�iOTION by Councilman 5herzdan Lo receive tize communication �rom Ingwald Siverts dated Auyust 26, 1968, and direct the Administration to clzec;c with tlze Post Office to see iry_ tliere is another "Park Road", Secondea by Councalman Harris. Upon a voice vote, all vocing aye, Mayor I:ir].ham declared the mocion carried unanimously« 1'. CpUN�l'Y AUDIiOP: PEGAF;DINC`i ?�EED PAYMEiN"1' M�TION :�a1T Councilman ;iarrzs to receive the conununication Fram the �lno];a County Auditor dated P.uyust 26, 1963. Seconded by Cauncil- man L' ie7�1 . tl��on a voice vo ce, a11 vatin� aye, Mayor Kirlcham declared the motion carriecl unanimously. Councilman I-iarras sug�ested that the Administration direct a letter co the Ano7ca County ofiiees advising them cnat L-his is a eontinuou5 program. G. CIIA22LLS M. RUuB; R�GAI:DING DOG 1301'lliD2NG FE� � MOPION by Councilman �is;�1 L-o receive the lei.ter from Charies Ross dated August 14, 19G8. 5econded by Caxncilman Samuelson. Upon a voice vote, a11 votin9 aye, Mayor I.irkham declared the mot�on carried unanimously. F1. H'�12tOLD ALBPtiECfIT: P.ESIGNA�l'ION F1:OM ?LATS AND SUtiDIVISIONS - S'1'RE��PJ 1�ND UTTLITI�S S"LTBCOMMITI'EL MO!ION 7�y Councilman �iebl to receive the resiynation from IIarold Albrecht clated I�ugusc 20, 1968. 5econded by Cauncilman Harris with �he addi�ion thai a Certi�icate oP Appreciation be prepared. Upon a voice vote, ali vociny aye, Mayor Kirl,hain declared the rnoi�on carried unanimoualy. I. �iOUCHE ROSS BAIL�'Y [�7D SMART: COI�'I[�'I1�7TS ON ACCOUNTING i�ROL'L''DURES • MOTION by Councilman Sar��uelson to-receive t7ie communication irom Touche, �toss, Bailey and 5mart dated Au�usL- 8, 1968, and direct �lze Administration to ta]ce che appropria�e action. Seconded by Councilman Liebl. Upon a voice vote, a11 votin� aye, Mayor � TGirkham declarecl �he mocion carried unanimously. J. CAROL COCHLtE1N, rRIDLEY WOMEN'S CLUB: i'fIl1NK YOU FOR R�CEP'rIDN L__1 � � REGUL�AR COUNCIL NL�E^1ING OF SEP�PEMBER 3, 1��03 PAGE 28 MOTION by Councilman I3arris io receive the leL-ter dated Augus� 23, 1968. Secondea by Councilman Lieb1. U��on a v�ice vo�e, there beina no nays, Mayor I:a.rl;ham deciarec i.he mo�ion carried. COUP.T EMPLOYEES- `Pn.e Ciiy Manager suggested that Judqe Johxl:,on, Clerlc of Court Virgil Wills, and Bailisf Ernie Powell Ue �aid cneir regular salaries throuc�h Sep�emUer until the Counl-.�a Court system c�eis or Janized , MOTION by Councilman Harris to concur vriLh ilze recommenda�ion ol the City Manager. Seconded by Councilman sarnuelson. �pon a voice vote, a11 vota,ng aye, Mayor I�isi;ham declared the motion carried unanimously. The City Manager poinied out that the furnii:ure in �l�e Judge's chambers was purchased by che Cify. Ic was agreed that this would be absorbed into other areas of City Hali. ACCIDENT PREVENTION: Councilman Sheridan said that as there are a greaL- many acciden�s on I. 694 of a chain reaction type, he wondereQ a.i it would noc be possiple to install a ilashing lighL- �a provide warnin� oE accident ahead, tlie signal LO be controlled by L-he Police Dept. in such areas as the railroad overpass, and tha �Sat�erhorn ove,rpass. It was ayreed thaL- the City Manager should wriL-e to the Highway Department to get their reaction. MEDIAN STRIP IN MISSISSIPPI STREET AT IN'1lii25SCT20N OF T.H. =¢;�47: I� was pointed out that i:iie citizens are disJruntled on coma.ng u� the service drive on University Avenue and iinding that tney cannot turn, ancl have to c�o all the way around the nloek. The City Engzneer Engineer said that the CounL-y wii.1 be ta7>ing care oi this by puttany up warning signs. ADJOiJFtNNIL^'DTT: Mayor i:irkham declared the Regular Council Meecin� 01 Septemuer 3, 1968 ad,7ourned at 12:30 A.M. /Re� pectiully submitced, `�� r�r � Sec�etary to the Council A�� Jack O. M�yar ��N,� "..� i►+�+ f, ir]cham