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01/06/1969 - 00019758u � THE MINUTES OF THE REGULAR COUNCIL MELTING t�P� JANUARY 6, 1969 Mayor Kirkham called the Regular Council. MeeL-inq oi ,Tanuary G, 1969 to order at 8:03 P.M, PLEDGE OF ALLEGIANCE: Mayor Kirkham asked the audience to stand and ,�oin ehe Council in saying the Pledge of A1legiance to the F'1ag. INVOCATION• A representative oi the Ministerial Assaciation gave the Invocation. ROLL CALL: MEMBERS PRESF.NT: Liebl, Harris, Samuelson, Sheridan, Kirkham MEM1iERS [�BSENT: None � ADMINISTRATION OF OATH OF OFFICE 'PO JACiC O. KIRKI3AM, RE-ELECTSD MAYOR, AND DAVID O_ HARf2IS, RE-ELECTED COUNCILM.AN AT LARGE: The Finance Director administered the oach oi oifice to Jack o. Kirkham, Mayor. Mayor Kirkham signed the oath oi office and ti�as presented with a Certi�icate of Election. The Einance Director then administered the Oath of Office to David 4. Harris, Cauncil- man at Large. Councilman Harris signed the oath of Of�ica and was presented with a Certifzcate of E1ecL-ion. The Council then congratulated Mayor Y.irkham and Councilman Harris. APPROVAL OF MINIITES OP THE SPECIAL PLTBLIC H�ARING MBETING OF DECEMBER 9, 1968: MOTION by Councilman Liebl to adopt the Minutes oi the Special Public Hearing Meeting oE Deceml�er 9, 1968 as presented, 9e- conded by Councilman Samuelson. Upon a voice vote, all votiny aye, Mayor I;irkham declared the motion carried unanimously. APPROVAL OF MINUTL'S OF 'PHE REGULAR COUNCIL MP.ETING OF DtsCEMBr,R 16, 1968- �MOTION by Councilman Harris to adopt the PZinutes of the Reguia-r _ Council Meeting of December 16, 1968 as presented. Seconded by Councilman Sheridan. Upon a voice vote, all voiing aye, Mayor Kirkham declared the motion carried unanimously. �1 REGULAR COUNCIL MBCTING OF J'ANUARY 6, 1969 ADOPTION OF AGENDA: PAGE 2 NYayor Ifirkham said that in addition to the appointments as shown in the Agenda, ihere are two full time Firemen appointments which will need Council appro�al. He said that he would also like to add IL-em ;�426: Purchase of a Snowblower, and plowing of Alleys, at the requesc oL- the City Manager, In addition to the communica- tions shown in the Agenda, there is a lecter from the Naegele outdoor Sign Company, and a rnemorandum lrom the City Attorney. Mol'ION by Cauncilman Samuelson to adopt the Agenda as amended. seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor I:irkham declared the motion carried unanimously. FIRST REAL�ING OP ORDINANCE REGULATING THE ERECTION. CONSTRUCTION, REPASR, A2,3'�RATION, LOCATION, OR MAINTENANCE OF SIGNS AND BILL- BOARDS S^7ITHIN TH1: CITY OP FRIDLEY, PROVIDING FOR THE POSTING OF &ONDS, THE ISSUANCE OF P�RMI'1'S, INSPECTION AND FEES, PROVIDING PENAL`PIES FOR VIOr�TIONS, Z�TU R�PEAL OF E�{ISTING CHAPTER 56 {SIGNS AND BILLBOARDS) OI"PHE CITY CODE: Councilman Harris said that he ielt that che businessmen oi the communiL-y should be aware of this Drdinance, and sugge�ted an iniormal heariny or sending copies of the Ordinance on to the Chamber oE Commerce. Mayor Kir]cham agreed, and said that this could be done, but that passage oi the Ordinance could still be c]one toni�h� at first reading. Tne City Engineer said that ihree copies have been sent to the Chamber o� Commerce, and that the Planning Commission went over every item care�ully. He poa.nted out that TaTilliam Jensen is a rnember oi the Planning Commission and also of the Chamber of Commerce. IIe ayreed chat passage oi iirst reading could be held �oni�ht, L-hen wait ior comments or recommendacions Prom the Chamber of Commerce for the second readina,, 'Phe Crty At�ori�ey said that chis Ordinance is not without problems, but overall it is a good ordinance. Councilman Harris suggesced sendinc� a cover letter with copies o� -the Ordinance to the Chamber o� Commerce, with che cover letter worded in such a way as L-o invrte commencs and xe commendations before che second reading. f�i01'ION by Councilman �Iarris to approve the Sign Ordinance on rirst readinU, waive readiny and direct the Administrataon to send copies oi the �rdinance witiz a cover lecter invitinc� the Chamher of Corunerca La extend any cotmtt�nL-s they may have before the second reading, and set the seconc7 reading for cebruary 3, 1969. � ' , ,r� �7 REGULAR COUNCIL MEETING OF SANUARY 6, 3963 PAGE 3 ' Seconded 7�y Councilman Samuelson. Councilman Liebl asked about Item I. on �age 48 dealin, wath campaign signs, and asked why this was clone. �rhe CiL-y F,tLarney said that the reason was so that the CiL-y would have the assurance �hat Lhese signs would be taken down. The City Engineer sazca that the planning Commission had had lengthy discussi�ns on thas sub- ject, and the Planning Commission felt thaL- chese signs shoul�l come down a£ter an elect�.on. This would give �he City the assurance that i£ a eandidate puts up signs, he would have L-o �a�ce them dcrwn again. Councilman Sheridan commented ihat he ielt that the $25.00 deposit for puttiing up carnpaign s�.gns was rather high. THE VOTE UPON THE MO�PION, being a roll ca11 vote, Samuelson, Sheridan, I:irkham, Liebl, and Harris vo�iny aye, Niayor Kir7tham declared the motian carried unanimously. MEMORANDUM FROM LSGAL DEPAR'PMENT REG11FtDING SERVICr� FACILITIES rOP. GEORGETOWN APARTMENTS: � The City Engineer said that Mr. Filister had atready been yiven the information, that permission was granied, so no other action was necessary. Councilman Lieb1 asked then, iF Mr. F1.11scer would still need a license. The City Attorney said that he would. MOTION by Councilmam Sheridan to recei�e the communicatian from James Gibbs, represenL-ing the City Attorney dated December 13, 1968. Seconded by Councilman Lieb1. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RECEIVING COMAIUNICATION FROM DORSh'Y MARQUI�RT S^7INDHOAST t^IES'P I-1ND HALLADAY IN REGARD TO IMPROVi3MENT OF 73RD AVENUE (ONAN COMPANY) AND DISCUSSION OF RESOLUTIONS REQUESTING ANOKA AND RAMSEY COUNTIES FOR IMPROVEMENT: Councilman Harris said that he had received L-his letter, datecl December 16, 1968 regarding the upgrading o� 73rd Avenue to both the east and the west. � Mr, Larry Griffith, oi Dorsey, Marquart, eL al, said that they were very happy with the upgradiny o£ 73rd Avenue in iront oi che onan Plant and now would like L-o see the rest oi 73rd Avenue �rom East River Road to 'P.H. #10 upgraded. He said L-hai, he rras also hope- iul o£ a semaphore at 73rd Avenue and T.H. #�65. He said that he understood that this was dependent on che cra�fic counts anG pre- viously they had estimated about 7.�.0 cars £rom onan, but now iu would seem more like 900 cars. /� r RPGULAR COUNCIL MEETING OF JANUARY 6, 1969 PAGE 4 Councilman Harris said thaL- worlc has been in progress, and that he, ' t:�e Ci�y Lngineer and the City Manager had met with Anoka County, buc the diPficulties have not been resolved as yet. He said that che possibility ot extending all the way to East River Road was denied by the Public Service Commission. He said that he had aslced L-hac the Administration draw up these two resolutions and thaL- the City would continue to work on 73rd Avenue between Central and T. H. ;`65 with Anoka County. .�.r. Griifith asked i� L-he Council adopied these resolutions, what would be L-he 1�Jceliho�d o£ getting the easterly extensaon. Councilznan Harris said �hai it would seem to him that the proper procedure would be L-ar hrm to send a letter asking that he be given a chance �o appear on their Ayenda. Councilman Sheridan said that the City of Fridley has always had a good relationshig wiLh Mounds View, and he felt that the letter should go to Mounds View, rather than to Lhe Ramsey County Com- missioners. He said tha� he =elt that by Mounds View approaching the Ramsey County Commissioners, it would carry more weight. He � also suggesL-ed reworking the resolution, so as to emphasize the beneiits �� a thoroughiare �rom T. H. #;47 to 'r. H. #lU. Councilman Harri� agreed with Councilman Sheridan`s thinking that Lhe resolution to Ramsey Coun�y- should be reworked. The City Engineer said that the City has already requested that Anoka County cake over the sLretch beiween Central Avenue and T.H. ;#65 as a County road. It is hoped that this will be done in 1969. He said 'chat L-he request For the semaphore has already been made to che Minnesota I3ighway Department,'Y�ut there will have to be tra££ic coun�cs made at thac intersection beL-ore any decision wi11 be made. He pointed out that che CiL-y also makes it's own traffic counts, and iP Lhe counts are up, it will help with the request. RSSOLUTION #1-1969 - RESOLUTION REQUl;STING ANOKA COUN'PY COMMISS�IONERS TO DL'�IGIaATE 73RD AVENUE AS A COTINTY ROAD AND IMi'ROVE IT- MO�i�ION by Councilman Harrls to adopt ResoluL-ion #1-1969. Seconded by Councilman Sheridan. U��on a voace vote, all voting aye, Mayor Kir}>ham declared the motion carried unanimously. RESOLUTION #z-1969 - A RESOLUTION TO iHE VILLAGE OF MOUNDS ' VIL'W TO REQULST H�LP FROM THE RAPZSEY COUNTY COMMISSIONERS TO UPGRADE COUNTY ROAD FI2 FROM COUNTY'S L9E5`P BOUNDARY LINE TO TRUNK HIGHWAY NO. 10: MO'PION by Counciiman ziarr�_s �o adopt Resolution #�2-1969. Seconded i�y Councilman Sheridan. Upon a voice vote, a11 votang aye, Mayor Y.irJcham declarec3 the mocion carried unanimously. 1 I �I � Iw a�� REGULAR COZTNCIL ME�TING OF JANUARY 6, 1�69 PAGE 5 RESOLUTION #3-1969 - R�SOLUTION APPOINTII3G, R�PPOINTING AND CON- FIRMING �XISTING APPOINTMENTS TO COMMISSIONS, BOARDS, COMMITTL'ES, AND SUBCOMMIT'PEES FOR THE YEP.R 1969: PLANNING COMMISSION (1 Year Appo�ncment) MOTION by Councilman Harris to reappoinL- 4liver R. Erickson as Chairman of Planning Commission for L-he year 1969. Seconded by Councilman Samuelson. Upon a voice vote, a11 voting aye, Mayor Kirkham declared the motion carried unanimously. PLATS & SLTBDIVISIONS - STREETS & UTILITI�S SUBCOMMITT�B (3 Year Term) MOTION by Councilman Samuelson to appoinL- I3arry Crowc�er, 1�6 63rd Avenue N.E. to fill the vacancy o� Fldon Schmedeke. Seconded by Councilman Harris. Upan a voice vote, all voting aye, Mayor Y.irkham declared the motion carraed u.�animouslv. It was agreed by the Council to consider che appointment of Daryl Nagel at the next Regular Council Meetin�. BUILDING STANDARDS - DESIGN CONTROL (1 Year Term) MOTION by Councilman Samuelson to reappoint Larl Biermann Lor the year 1969. Seconded by Councilman F3arris. Upon a vozce vote, all voting aye, Mayor Y.irkham declared the motiori carried unanimously. Mo7'ION by Councilman Samuelson to reap�oin� Carrol k. Hauge for the year 1969. Seconded by Councilman Sheradan. Upon a voice �oi.e, a11 voting aye, Mayor Kirkham declared the motion carried unanimously. MoTION by Councilman Sheridan to reappoint LVilliam R. Tonco _or the year 1969. Seconded by Councilman Liebl. Upon a voice voce, all voting aye, Mayor KirkYa m declared L-he motion carried un- animously. M�TION by Councilman Liebl to appoint �arry A. Sornsen, 172 Rivers- edge Way to the vacancy created by Richard S. L�itces (Third Tnrarci}. Seconded by Councilman Samuelson. Upon a voice vote, all vo�ing aye, Mayor Kirkham declared the motion carried unanimously. BOARD OF APPEALS (3 Year Term) MOTION by Councilman Harris to reappoinc RoberL Ahonen. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carr�ed unanimously. �� RF:GULEtfL CQUNCIL MGETING QF JANUARY 6, 1969 PAGE 6 MOTION by Councilman Samuelson to reappoint Robert A. Mini�I�� Seconded by Councilman Harris. Upon a voice vote, �;irkham, Harris, Samuelson and Sheridan votinG aye, Lieb1 abstaining, Mayor Kirkham declared the motion carried. �ARKS AND RECR�TION COMMISSION (3 Year Term) MOTION by Councilman Sheridan to reappoint Edward J. Fitzpatrick as Chairman oi- i:he Parks and Recreation Commission, thereby making him a member of the Planning Commissaon. 5econded by Councilman Harris. Upon a voice val-.e, a11 voting aye, Mayor Kirkham declared the motion carried unanimously. i�I07.'ION by Councilman Harris to appaint Don Blair, 206 Rice Creelc Boulevard to the vacancy created by Joh�n Dunphy. seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kir]cham declared the motion carried unanimously. Councilman I3arris said that he had Lalked ta Mr. Dunphy and he has agreed to �vark wiL-h Mr. Don Blair for a time to familiarize him with che work oL the Parks and Recreation Commission. HUMAN RELA`i'IONS COMMI^1TEE Mayor Rirkham said that L-hese appointmenis are made by the Mayor and he would ask concurrence of the Council in reap�ointiny those presantly servinc�; bein� [^Jard 1: Jordis Mittelstadt, Ward 2: Mrs. Linda Rossman, T�?ard 3: Harry Crowder, and at Large: James E. ri�homson and John Oden. IKUTION by Councilman Liebl io concur with the appointments re- commended by Mayor Rirlchan. Seconded by Councilman Samuelson. Upon a voice vote, ail voL-ing aye, Mayor F:irkham declared the motion carried unanimously. PULICE COMt�4I5SION ( 3 Year �term) MOTION by Councilman Harris to appoin� Virgil Wills, 6841 7th ;;treet N.E. to the vacancy creaL-ed by Wilbur �Phi�more. Seconded by Councilrnan Samuelson. Upan a voice voL-e, all voting aye, Mayor KirJ;ham declared the mocion carried unanimously. NIOTION by Councilman Sheridan to appoint Z^7aldo W. Hoffman, 1333 Hillwind Road ta the vacancy ot David W. Larson. Seconded by Councilman Harris. Upon a voice vote, a11 voting aye, Mayor Kirkham declared the motion carried unanimously. ' LJ ' ' REGULAR COUNCIL MEETING OF JANUARY 6, 1959 SUBURBAN RATE AUTHORITY ( 1 Year Term) PAGE 7 MoTION by Councilman Harris to reappoint Councilman Raymond L^'. Sheridan. Seconded by Councilman Liebi. Uaon a voice vate, all voting aye, Mayor Kirkham declared the mocion carried unanimously. MOTION by Councilman Liebl to reappoint Councilman Leonard Samuel- son as Alternate. Seconded by Councilman Sheridan, Upon a voice vote, all voting aye, Mayor Kirkham declared Lhe motion carr�ecl unanimously, NORTH SUBUI2BAN SANI7'ARY SEWER DISTRIC^1 MoTION by Councilman Samuelson to reap�oint Councilman Davici Harris. Seconded by Councilman Sheridan. Upon a voice vo�e, all votiny aye, Mayor Kirkham declared L-he motion carried unanimously. FRIDLEY INDUSTRIAL DSVELOPMENT COMI�4ISSjON ' Councylman Harris requested that this be broughti bac]c ac the next Regular Council Meeting at the same time that Lhe vacancy tn the Plats and Sul�divisions -:;treets and utilities 3ubcomrnittee vacancy is considered as the Fridley zndustrial L�evelopment Commission has not held their meeting which is sched�aled for 3anuary 9, 1969. Councilman Samuelson requested that the Admintistration send letters to all the new appointees outlining their ducies on their various boards and commissions. He sa�d that he ielt that a letter con- firming reappaintments should also be sent. MOTION by Councilman Harris to adopt Res�lution #r3-1969, and also send out awarding letters of appreciatzon to autgoing m�raaers o� boards, connmissions, etc. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor 7:irkham declar�c� the motion carried unanimously. REuOLUTION #k4-1969 - RESOLUTION DESIGNF�TING lITJIE AND NUD4BER OP REGULAR COUNCIL MEETINGS AND PUBLIC IIEARING f+IE1;TINGS: Mayor Kirkham suggested a fourth meeting on the last Monday oE � the month that would be reser�ed for a wor}� sho� type meeting aL which to work out ideas that there is no tima rar at Regular scheduled meetings. MOTION by Councilman Liebl to adopt Resolation {�=�-�g69. Seconded by Councilman Harris. �� REGULAR COUNCSL MEET1riTG OP JANUARY 6, 1969 PAGE 8 Councilman Sheridan commented that the second meeting of the month could Iae used as a work-shop type Meeting, if there were no tublic Hearings scheduled. Councilman ilarris said that he �elt that the time cauld be changed from 8:00 to 7:30, as this would not puc any undue burden on anyone. MOTION by Caancilman Harris to change the Meeting time from 8:00 i}.M. to 7:30 P.fd, Seconded by Councilman SY�eridan. Upon a voice vate, Samuelson, Sheridan and Harris voting aye, Kirkham and Liebl voting nay, Mayor Kirkham declared the motion carried. 'tHr'. VOTE upon the motion to adopt Resolution #4-1969 being a voice voce, all votinq aye, Mayor Kirkham declared the motion carried unanirnously. s^�ESOLUlION ,#5-1969 ° RESOLUTION DESIGNATING A LEGAL NEWSPAPER: NiOTION by Councilman Harris to adopt ;�5-1969, and designate the Fridley 5un as the Cit-y oi Pridley's legal newspaper. Seconded by Councilman Samuelson. IIpon a voice vote, all voting aye, Mayor I�irkham declared th2 motion carried unanimously. shirley Behrens, che Council Lor newspaper. Reporter for the Fridley Sun said thank you to redesignating the Fridley Sun as the legal RS:iOLU^1ION ,`k6-1969 - REuOLU'PION DESIGNATING AND APPOINTING A kEI'RESENTATIVE POR "1fiE BOARD OF TRUSTEES OF THE NORTH SUBUftBAN SANITARY SEUdER DISTRICT FOR TIiE YEAR 1969: MOTION by Councilman Sheridan to adopt Resolution #�6-1969 and appoint Councilman David Harris as a member o£ the Board of Trustees for the North Suburban SaniL-ary Sewer District. Seconded by Council- man Liebl. Upon a voice vote, a11 voting aye, Mayor Kirkham dec2ared the motion carried unanimously. R�SOLUTI6N #%-1969 - RESULUTION DESIGNATING DIRECTOR AND ALTERNATE DIRECTOR TO SUBURBAN RATE AUTHORITY: ' r MO'I'ION by Councilman Yarris to adopt Resolution #r7-1969 and appoint Councilman Raymond Sheridan as Director oL- the Suburban Rate Authority, with Cauncilrnan Leonard Samuelson as Alternate. Se- � conded by Councalman Liebl. Upon a vo�c e vote, all voting aye, Mayar Kirkham declared the motion carried unanimously. DL•'SIGNA`1'IdN OF DEPOSITORY POR CITY FUNDS (CHARTER 7.13J MOi'ION by Councilman Sheridan to designate the Fridley State Bank, 6315 University 7�venue DT.E., �'ridley, Minnesota as despoitory for the CiL-p funds. Seconded by Councilman L1eb1. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. �� REGULAR COUNCIL MEE'PING OF JANUARY 6, 1969 PAG� 9 � CONSTDERFITION OF AN ORDINANCE REGULATING THE ];XCAVATING OF STREETS, AVENUES OR ALLh'YS; REQIIIRING A PERMI^t TH�REFOR AND PAYMENT OF A FEE; AND PRESCRIBING PSNALTIES FOR VIOLATIONS (JF ITS PROVISIONS_ Councilman HarriS asked if this had been reviewed by the A��a:un�s-- ration and legal staff. 7'he City Attorney said that he had looked it over, and is not sure whom it is aimed at, as all the utility companies and plumbers are excluded. If anyone were to want to do any excavating, they would have to pos� a$100,000 bond and pro- vide insurance of $100,000 for one person and $300,000 £ar any one accident and property damage. He said that it would seem that at must be aimed at private property owners doing their own excavatzng. The City Engineer said that this is no problem. I3e said that the Minneapolis Gas Company l�as been wanting to c�et this passed as they do not want anyone to dig up the streets. Councilman E3arris pointed out that if a$100,000 periormance }�ond is required, it woulc7 be cheaper to pay the Pine. The City Actorney said that he dia not understand who as causing the problem. fTe said that he did noc knvw i£ unauthorized people were diggan� in the streets now. He wondered how this would affect the home conL-ractars. Councilman , Samuelson said that this would place � burden on the sewer and water contractors. He said that there is seldom a reason to break up a street. The City Attorney pointed our. 4hac plumbers are exempted. Councilman Samuelson said tYiat he ielt thaL the ucilii�y companies should not be exempted, as ihey are the ones that do the excavating. Mr. Charles Cowan of the Minneapolis Gas Company, said that he is acting as laison man between the various rnunicipalities and the Gas Company. He said that this Ordinance was urawn up by Engin- eers for the League of Municipalities, and it taolc about 1•'� yearG to formulate the finished ordinance. He said that a great number of municipalities have already adopted this ordinance. He ex- plained that by having a uniform excavatiny Ordinance it would be similar to the Uniform Building Code used everywhere. He pointec7 out that all the work must be done to che satasiaction of the Engineer. He said another advantage would be 24 7�our notice be- fore any a.nteruptian in service and also that the compactaon is spelled out in detail. Councilman Samue3son said that he scill felt that the utility companies should be included and be required to get a permit. Mr. Cowan said that the Gas Company tries very hard to make yood patches and to auger under driveways, and he is � asking only that everyone else also conzorm ta their standards. Mayor Kirkham commented that he could see �he benefits oc havin� a un�form excavatiny Ordinance, but th � he would like to have this brought back at a later date to give the Council more cime �or thought on this. Mr. Cowan said that �his ordinance �s for the � �� itEGULAR COUNCIL P�IEETING OF JANUARY 6, 1969 �rotection oP the general public. The City Attorney whether the amount of surety bond and insurance had high, Mr. Cowan saad that he had nothing to do with iicJures. 'Phe City Attorney sazd that the figures ma i= a company does a great deal of excavating £rom ti ior a one occasion, ic wouid be very burdensome. PAGE 10 questioned to be that setta.ng the y be reasonable me to time, but Councilman Laebl said thai there was a case lasy year where a car L-ell in�o a ho1e, and sued, and asked if thas would be covered. Mr. Ccnvan said that he was not familiar with the situation, but c �c.1 � � [4� a �Y .s � � t � t �Y.a PJir. Richard Harris aslced il a developer were to go in and develop 4o acres and put in streecs and alleys etc. would this mean that he �aould have to pos� a�erformance bond and provide the requa.red insurance. Mr. Cowan pointed out that this was not his Ordinance, but was �ust presenting it r'or consideration_ Councilman Harris said that he would assume t.he contractor would be required to have the bond and insurance, according to the Ordinance. f�fOTION 7ay Councilman Liebl to table this Ordinance until February 3, 1969, and in the inierirn ask the Planning Commission to review it, and make comments. Seconded by Councilman Samuelspn. Upon a voice voL-e, all vocin9 aye, Mayor I�irkham declared tne motion carried unanimously. DISCUuS10N OF PLANNED DEVELOPMENT DISTRICT DECISION CONCERNING HOV�7��'�a DUMPHY REQU�ST: Mr. Howard Dumphy appeared before the Council and said_that the �lanning Commisszon had approved of the additional portion oP hzs P.D. District, but thal- the Council had denied it. He said that he zs appearing toniah� to show how the additional land could be incarporated into the district, and pointed out that the land pro- vides tor more recreational area. xe said that he felt that this was L-he best use of the land. He said that at the onset, an apartment hause was planned as presented by Mr. Schroeder and was included in the booYlet the PZannzng Cammission and Council re- ceived showinS 108 units. He said that it was found at the onset L-hat che town house type development was not �easilale. Councilman Liebl said L-hat under the nomenclature used by Mr. Schroeder w peo�le were not apposed. P+Ix. Dumphy dormanc for years, and he felt that 1and. original proposal the as town hou:,es, to which the said 'chat the land has laid this was the best use of the Councilman Sheridan asked Mr. Ilumphy iS he has tried to c�et to- �ether wrth cne people in the area. He said tha� he understood that � � ' � , � 7_ _h REGULAR COUNCIL MEE'I'IL�IG OF JANUAFLY 6, 1969 PAGc� 11 ihe people were not mad at Mr, Dumphy, but at the Council, and that he felt that Mr. Dumphy should have made an attempt to reach the people to explaan his plans. Iie uaid that Mr, Dumphy has already spent about $10,000 in develo�aing his plans, and tha4 he realized that the corner lots are di°�icul'c to utilize. This zoning has been approved with the exception oE ihe two small portions he wanted to add. Councilman Liebl asked iP the people have seen the plans. NIx'. Dumphy said that most of the people were in agraeri�ent at the onset o� the preposal. Councilman Sheridan sointed out that l.hat yaas when Mr. Schroeder was talking about tcwn houses. Mr, i7umphy sa�c� that the oriyinal plans showed area plans sor multiple residences under Mr. Schroeder's proposal. Councilrnan Sheridan said thaz he did not recall when the apartment complex nomenclature starL-ed being used instead of town houses. Councilman Samuelson pozr_Led out that the people were complaining about tra£iic problems, anu explained that on the ori,inal proposal a11 oi the tra££ic would have to go up past the apartments, buL- wi�h the new proposal only about 50/ of it would. Councilman Harris aslced iL he was still planning the shopping center. Mr. Dumphy said yes, thaL- there was no objection to this. FIe said that this woula include various small shops such as a beauty shop, grocery srore, barber sho�, sr;eall oifice buildings etc. Councilman I3arris asked about the traf£ic on East River Road and ii there was any discussion relative to looping back into the lots at the norch. A7r. Dumphy said tha� 24' of this street will go iora new lane �or traiiic control. Councilman Sheridan aslced if he was the �ee owner. Mr, Dumphy went to the map and showed the areas on �he map. He aaid that a portion of his building was on a portion oE land not yet zoned £or P,D. but could be cut out if necessary, iie said thaL he woulc7 lika a11 L-he extra lots included into che P.D. nistrict for ease in description. Councilman Samuelson said that his rec�uest ior the additional rezaning has already been denied, so whac was L-he next step. Counczl- man Liebl said that he �elt that i£ i+�Ir. I]umphy wants to oet �hzs completed, he should meet with these pec�le ana their lacaper, anc? possibly a new Public Hearin� may have to be hetd. The CiLy Attora��y said that Mr. DumpYiy had the ri9ht to ask che Council i.o reconsidec. Tf siill denied he could continue his �alans on that portion al- ready zoned p.D, 2t he chose to drop i�, it vrou?_d revert to che oriyinal zoning, but he would still have che r��l�t to devei.op i��s land. Councilman Liebl sa that the people L-el ;aelieve chac it was d'chat he �elt thal- �he c-rux �= the matcer �rJas �hat they were le� c�own as they we•re leaci co to be town houses, then learned toa late thaL- ��i �., RliGULIP COUNCIL Ni,:L'TSNG OL JANUARY 6, 1969 PAGE 12 i� was an aparLment house. Mr. Dumphy sa�d that the �ri�inal �1ans show an apartment complex o� 108 unzts, and that thzs has not changed a c,reat dea1. mhe City r'1t�orney sazd t�hai one procedural aspect would be zf one oi the Councilmen who voted against the rezoning wexe to call far a revote, L-his could be considered again, Councilman Sheridan saicl L-hat he was one o` �he Councilmen who voted against it. He said thac I�Ir. Schroeder rnade the presenL-atian in Mr. Dumphy's behal� anc� he sa-!d thac it was a shame ihat the terminalogy used was town houses raiher than apartments. He pointed out that D1x. ,3chroed�r never yave any ind�_cation he vaas representing Nir. Dum�hy. T1r. Dumphy shocved the audience the original plan o£ Mr. Schroeder's L-l�at included an apar�men� house. He said thaL this new plan he ielt was a much better tho�zc�ht out plan. Ivir, Curlls �•talberg, 2G5 E].y Street said thai. he had never seen the i�1an, but Mr. Schroeder mentioned town h�uses. He said that no mentlon oF the number of units was ever made. Mr. Dumphy said that he dld not come Lo tlze meeLings then, as these plans were shawn a� that rneetiny. IF he would have come, he would have had full Jmowledge oL- whac was beinr proposed. Councilman Samuelson asked Mr. YJa?berg if he £eli, thaL- the Council had decezved him. Mr. 6,Ia17�erq ret�lied no. Nir. Serry Potts, 8066 Ruth Si:reet, saad �hat he had voiced an ob�ection bezore, and has not had a chanr{e of heart. He said that �here were still L-he landscapin, problems, traffic, and the apaxt- meni hause rather than che town houses. He said that he boucht his hotise irom Mr. Schroeder and he felt that Mr. Schroeder was un£air �o him and was not hones� with him, as he gave him no indication chaL- che zoninG in L-his area was going to change. He said ihat he did i.al�e the precaution 3�e�ore purchasinq his house of checking a z�ning map, but of course he would have no way o= ]cnowing wha'c was being proposecl unless Mr. Schroeder �oi.d him. Mr. Bourdeaux, ��0 IIugo StreaL- sa�d L-haL- in his opinion Mr. Schroeder L-ook ad- �an�a�e oF Mr. Potts. Mr. Potts said that this is not a case of a few people beiny aJainsL• this, that there was a rather large petaL-ion a�ainst ii.. Councilman samuelson ex�lained that the developer has to come be�ore L-he Council again ior final approval oi plans. Mr. Potts said that the zoning maps show commercial loL-s, but not those abuttznl ihe cree7:. mhe Ca�y Engzneer agreed that these are R-3 locs. Mr, potts eomnlen�ed 'chac he would liice to keep it tha� way. � � L J x S?i li �d REGULAI{ COUNCIL MEL'TING OF JANUARY 6, 1969 PAGE i3 ' Councilman Ziebl asked i� most of the locs were not zoned R-]. be£ore the P.D. Districi zoniny. The City Engineer said yes. Councilman Ziebl said that the Council leels L-hai the land shauld be used 'co it`s highest use also, but ize _elt chat the Council v�as deceived also about the 103 unit apartment complex. Mr. Dumphy said that the Council was not deceived anG chat the original alans show 108 units. Councilman Lieb1 said that the Council must can- sider the people's wishes and suggested thac Mr, Dumphy tall� wi�h Lhe people and their attorney to see iE a compramise couid noc be worxed out. Mr. Ralph officer, 315 Hugo Street, sald t1�at he had attendecl mosc o= the meetings of the Planning Commission and �he wording at cnac time was town houses. He said that he did noc �hink that the wr�rc, "cown howse" ever reached the City Council ievel at thaL- �ime. He said that he felt thai 'r.he people gradually los� inceresL- as L-he;r were not opposed to the tawn houses. He said thac he had no ax to yrind with P+lr. Dumphy. He said that he was not sure wheLher he is z'or or against chis development, and agreed that he would like � to meet, and go over the plans. 2�. Robert Venne, 200 Hugo Street, said thai. Howard Dumphy owned other land in the area and wondered if he could use this land as addiiional parking area. He said that ha ielL that there should be limits as to how much could be added on�o a P,D. District. The City AL-torney said that land zoned R-1 within 5Q0' of a com- mercial zoning could be used as a parking lo� with a special use permit. M.r. Dumphy pointed oui thac. the creek prov�.des a natural boundary between the R-1 District L-o the north and Lhe 1.D. District, He said that the land he owns east of the P.D. Discrict now zoned R-1. would be used ior residenL-ial. The CiL-y Attorney asked Mr. Dumphy if he would be willing to provide a�roL-ective covenan-c co chat effect. Mr. Dumphy replied he would. He added that a lot oi tlme and money has gone into this project so Par and he is wi1_ling co donace land for extra width on East :iver P,oad and ior sidewal7�a. Councilman Sheridan said 'chat beiore thzs Council is the rec�an- sideration oF the vote on the addation �o L-he p,D. District. ,xe said l�e had voted against it before, so it is his prerogative to , brinc� it back, but he did not choose co i�rin� ic bacic ior Colzncil consic3erai.ion. Mayor Kirkham said that he would encourage Howard Dumphy to meet with the residenis. He ielt that Mr. Dumphy has acted in yood iaith in his eiforts, He said thac he wou3a also have to agree _iy .!'e w� REGULAI{ COLJNCIL Mr��i'ING OP JANUARY 6, 1969 PAGE 14 �aich Councalman Lieb1 that che Citzzen's riyhts must be considered. CoLncilman Harris su��aesl-.ed making tYie Coimnunity Room-in the City ;Sall available �_or a meeting. �Phe residents in the audience agreed io this. It was agreed that Mr. Dumphy would send out notices to a11 che peopZe within 300' ��hich he could get irom the Engineering Depar�ment, and also to c7zose people who signed the petition againsL the rezonan�, even L-houch they were more than 300' away. ic �aas agreed L-o set L-he meeting �or January 29, 1969 (Wednesday} aL- 7:30 in the Communicy 12oom. R�CESS� Mayor r;irlcham called a recess at 10:15 at which time the Council and �iie Parlcs and Recr�at�_on Commission and their Consultant adjourned 'co the con=ere�ce room ro study the plans for West Mo�r� La7�e and Rivervicw Heights. RECrIVING 'PHE NYINUT�S Oi ']'HE BOARD OF APPEALS MEETING OF DECEMBER 18, 1J68- MOTION by Councilman Harris to receive ttze Minutes o£ the Board oi Appeals Meeting or December 18, 1968. Seconded by Councilman Liebi. iJpon a voice vote, all voting aye, Mayor Kirkham declared cYie moL-ion carried unanimou,sly. I��CEIVING 'PHE MINUTES OF THi3 PARKS AND RECREATION MEETING OF DECEiTk3EA 16, 1968: iKOTION 7�y Councilman Harris to receive the Minutes oi the Parks and Recreation Commiss�on Meetiny oP the 16th o� December, 1968. �seconded by Councilman Sheridan. Upon a voice vote, all voting �ye, I�iayor ICirkham declared the motion carried unanimously. R7:CEIVING BIDS ON PUBLIC OUTDOOR tiVARNING SIRENS AND INSTALT,ATION: �.qu � pment On� Morgan P'ire EquipmenL- Ca Madison, T�?isconsin f'iinn. i ire Equipmenc Co. 2476 i7niversity Ave, SL-. Paul, P9�nn. Base Bid $17,934.00 $19,536.00 Alternate Bid $18,7SO.Q0 Alternate �kl: $20,160.00 Al�ernate �2: $11,739.00 1 , C_1 -, � �� REGULAR COUNCIL Mr,ETING OF JANUARY 6, 1969 � I'ederal Sign Installation Only & Signal S. s: N. , Lehn Electric Anoka, Minnesota Bacon EZectric Fridley, Minnesota $12,700.00 $ 9,000,00 $10,920.OD $ "7,500,00 PAGE 15 B.s< N. Alternate $9,983.00 MOTION by Councilman Harris to concur wtch che Director of Civil Defense that the low bid combination appears to be the b�d oC Morgan Fire EquipmenL- Co., and Bacon E1ecL-ric, in Lhe amounL- of $25,434.00, and that che bid award be held up �ending receinc oP Federal and State funds. Bid award is �o Ue brought bacic to ihe Council for oiPicial award when canfirmacion of State and Federal =unds is received. Seconded by Councilman Sheridan. Upon a vo_ce voLa, all voting aye, Mayor Ka.rkham declared L-he motion carrzeo unanimously. CONSIDERATION OF RELEASING TAX DELINQUEL�7r1� 7a01^ (REQUEST SY K�N1J�'1H STRAND): (Lot 30, Block 11, Hyde Park AddiL-ion) The City Engineer said that chis item zs goin; �efore t7ae Planning Commission at L-heir meetin� on Januarp 8, 19b9, so they will have inrormation and a recommendation for the Council. MOTION by Councilman Ha�ra.s to deny the request unczl the streec patterns and layouts are esL-ablished in TI�de ?ari;. Seconded by Counci].man Lieb1. Upon a vaice vote, all votiny aye, Mayor z�irk- ham declared the motion carried unanimously. APPROVAL OF FIRE DEPARTMENT PAYROLL: MoTION by Councilman Sheridan to approve �asrmeni o= the Fire Department Payroll. Seconded by Counczlman Lie7�1. Upon a voice vote, all voting aye, Mayor Kirkham declar�d 'che motion carraed unanimously. RESOLUTION �#8-1969 - RESOLUTION TO ADVERTISE FOR BIBS FOR ONE NC4tT RF�1R MOUNTED TRUCK CRFiNE: 1 MOTION by Councilman Liebl to adopt Resolution '„8-1969. Seconded by Councilman Samuelson. Upon a voice voce, all voting aye, Mayor Ka.rkham declared the motion carried unanirnoualy. 'Phe City Managex said that this was a budgeted iiem and iunds caere established �or this purchase, whicn was escimaced at apou� $250Q. d ', R�GULAR COUNCIL M��J'ING OF J'ANUARY 6, 1969 PAGE 16 R�SOLU'1� ON 11'9-1969 - RESOLU'PION TO ADVERTISE FOR BIDS FOR THRLE POLSC� CARS• MOTSOD2 by Councilman Tiebl to adopt Resolution ;�9-1969. Seconded ny Cauncxlman Harris ior cliscussion. Councilman Harris said thaL- he understood that L-hese cars were to be aar conditioned. The Chie= of Police drew Couneilman Harris' a�tencion to Page 2 os the specifications, I�em �3 which does r�rovide �or air condat�.oizinq . ^+_IIL VOTL upon i.he motion }�eing a voice vote, all votinc� aye, Mayor F:irkham cleclared 'che mocion carried unanimously. 12ESOLUTION -I�10-1969 - RESOLLPIION IN SUPPORT OP A NEW METROPOT�ITAN ZOO• td6TION by Councilman Liebl �o adopt Reso]_ution ;#10-1969. The motion was seconded and upon a voice vote, SamueJ.son, ICir]tham, C.�ek�7. and Narri.: vo�znc; aye, Sheridan abstaining, Mayor I:irkham der_�ared the motion carrzed. APPOI1dTMENTS : nTame DTi7S7ci J. Finc]t 5201 3rd SL-reet Fridley, Minn. Jolan �razi]. 552� e�h Street N.,� L'r�c�ley, Minn. �ona_lcl � . Lee 596 �3rci Avenue PZ.L Pr�c�ley, MinnesoL-a _�homas J. Sauer 5353 atn Street N.i. �rac�].ey, DIinn. r�escer B. Russell 2�27 133rd Ave. N.i7, Coon Rapads, Minn, Pasiiion C 1 arlc-�1'yp ist Shcary $340.00 Polzce Dispa�cher $775.00 (Non-Uniformed) Police Dispatcher $575.00 (Non-Unzformed) 1'-olice Dispatcher $575,OQ (NOn-UniEormedj Poiice 1)isr�atcher $575.00 (Non-Uniforraed) Replaces Bonnie Weschler New Position New Position New Position New Position � ' � REGUL2IR COLTNCIL M�ETING OF JANUARY 6, 196� � Name Position Sala�v � u Dennis M. oi:tem 140 Ric};ard Road Pridley, Minn. IIoward szmonson 301 Overton Drive Frid3ey, Minn. Fire Fighter Fire Piyhter $b56.00 7656.00 PAG�� J.7 �eplaces LSew Pos�tion New Po,siti�n � r( MOTION by Councilman Narris to approve oi �ne iore��ain� agL�oint7nencs. Seconded by Councilman Liebl. Upon a 4•ozce vote, a11 vocinc aye, Mayor Kir]cYiam declared i:he motion carriea unanimously. Councilman Samuelson asked while talking Zbout neca appoinLmenzs, haur i.he instrucrions oi the new Police Dispatchers 'v�as bezng handled. The City Manager said thai the regular Po]_ice!r�en tiaor7c wiL-h them until tney are iully aware oF all the ra�ui-rements oa`. their �o�, PETITION r�f35-1968 - STRr�1:T PAVING POR LOIQGFLLLOb'd S`_'REET: �IOTioN by Counc�.lman iTarris L-o receive Pecil-.ion ;;35-1_9�E3 and in- clude in the 1969 program. Seconded by Co�rncilman Samuelson. Upon a voice vote, a11 votin�� aye, Mayor T?irlcham declared 'che mocion carried unanimously. CLAIMS: MOTION by Councalman Harris to approve payment oi Gennral Claims ;`t16906 throuyh ;,-'-17078 and Liquor Clalms itz�73 tlzrouqh ;i2901. Seconded by Councilman 5heridan. Upon a voice vo�e, a11 vat�ng aye, Mayor Kirkham declared the motian carr�eu� unanimo�al�r. LSC�NSES: MOTION by Councilman Liebl to approve tlie i�llowin� l�_censes: CIGARE�i"7'E LICENS� � APPROV�D BY Minnie Pear1's Chicl�en NEW David C. ,So��uner Cha�F oi aozice David C. Sommer 5865 University Avenue Fridley, MinnesoL-a J 1) � f P P;?,GUI,AR COUNCIi, M��lING O� JALVUARY 6, 19G9 PUBLIC DRILvY:ING PLACE Ciub 47 6061 UniversiLy Ave. Fricil_ey, Minnesota CAF: ; Clvb 47 6061 UniverisLy �ve. �'ridley, Minnesota G�S SEPVSCE Lcoriomy GaS Iristallers, NLW NL�W PAGli 18 BY APPROVED BY Billy Don Elarpole Ch1ef oL- Police Health Inspector Billy Don Harpol� Chiei oi Police Health Inspector Inc. LdL'44 Edward Toohey Plumbing Inspector ;623 Lyndale Ave. ;;o. A1:.nneapolis, Minn. The mocion L-o approve the licenses was seconded and upon a voice vai:e, all vol-.iny aye, IvIayor Y.irkham declared L-he motion carried unanimous?y. PU1:CH�1S8 OF SNOW BLOWER, AN➢ PLOWING OF ALLliYS: The Ci�y Manager said tnac L-l�e yreat anlounc oi snow that has Fa11en chis year has creaced quite a problem and he �elt thaL- a much s�etL-er �ob o� snow removal couid be accomplished by the �ur- chase oi a snow blower, v�hich could be mounted onto a Case Fl-7 �3nd Loader. He said �hat L-his could also be used to blow the snow irom che sidewal7ts alony �he schools where space was adequate. Anotner advantage would be chat the snow could be blown into oacant areas whenever posszble, so that it would not pile up so high along Lhe side oi L-he road and make vision at intersections very hazarclous. He said that this blorr�er could be used at the in�ersections io blow tlze snow into truc]:s and haui the snow away. 7Ie said that L-he es�imated cost would be about $3500 and he telt thac i� would fall withln the budget, but iP noL, at the end oi L-he Iear, �c could come irom emerlency L-unds. Councilman Samuelson agreed and commented L-hat they wanted to make sure L-hat L-hey c71d noc c;ec on� that dzd not have enough power. Councilman Harris acreed and felt L-hat a�. the iirst available oL�porL-unity, thac the Cit_y should trade in �he V plow. Mayor Kir]cham a,reed thac the �7 �Yiow should be jotten rid of when pos- sil�!c, ancl aiso L-haL- he L-houghi. that the idea of the snow blower would }�e a yrea� hel�. �£he Council unanimously ayreed that �he purchase ot tne snow blower would be a good investment. i r � , REGULAR COUNCIL N1�L�PING OF JANUARY 6� i969 PAG''u' 19 7'he CiL-y Manager then broughL- up the quescion or ;ahecher the a11�ys should be plawed after the street wor3. is done. He said tha�_ ize realized thaL the City does not plow alleys unless they are �m- proved, but this does create a hardship on many people. ihe Council agreed that a£ter all the street worlc is done, thaL- i.he alleys could be opened up. Councilman Samuelson aslced the Ci(_y Engineer how many motor graders the City had. He replied one. COMMUNICATIONS- A, MIL3NESOTA DEPARTNL�I1 OF ECONOMIC DEVELOPIvIENT: BROCHURE MoTION by Councilman Samuelson �o receive L-he communication �ronz the State of Minneso'ca, Department of Econamic Development aated November 6, 1968. The moiion was seconded and upon a voice vote, a11 aoting aye, Mayor karkham declared rhe motion carried un- animously. B. MILLER FUNEAAL HOME: TIME Ei�T�NSION FOR PAVING PARI{IP7G 7�OT � MOTION by Councilman Llebl l.o recezve �he communication from the Mi11er Funeral Home dated Deceznber 9, 1963 and grant �ermission �or a time extension sor the completion o� the parking area behinc� the new Moore La7ce Puneral Home until Sune 30, 1969 as p�r lec�er. Seconded by Councilman Samuelson. Upon a voice vote, ail voca_ng aye, Mayor Kirkham declared L-he motion carried unanimously. � C. NAEGELE Oi7TDOOR SIGN COMI'ANY: Ri:P90VAI� OP' 'I'Rr.E Councilman Harris said that there is a tree wl2ich will obscure �he "�7elcome to Fridley" sign in che west riglzt oF way o� East River Road a� the south end of cown. MOTION by Councilman iIarris to receive the ieccer Erom l-he i�Iaegeie outdoor Sign Company dated December 27, J_96� and requesi L-he AdminzsL-ration to direcc a letter to Ano}:a County askin5 them co remove the tree, and replace wi'ch ioliage i� i.h�y nesira. Se- conded by Counczlman Sheridan. Upon a voice vote, all voting a�e, Mayor Kir]:ham declared Che motion carried -unanimously. D. MEMORIINDUM PROM C=iY ATTORNEY: LOTS B& 9. BLOCF; 6, CITY VIh"4J ADDTTION The CZty Attorney saicl that the cost oE $5,80(1.00 plus $669.96 zs quite high, but that the Council musc also consider Lt1�4 �he cost of condemnai:a.on as hi7h. Councilman Harris said i.lzat he -e1� tha4 the price is high also but that the C1ty needs that prok�erL��. � �F c �.e� N g� ty `t.�GTJf� R COUNCIL 1�Lt,E`PING 'JE' JANUARY 6, 1969 PAGP: 20 M01IDN by Councilman Fiarris co asY> the Ci.cy Attorney to try io iie'3otiate che price down once more. Seconded by Councilman �iebl. I7pan a voice vote, all voting aye, Mayor I:irkham deckared the moca.on carr�e�f unaninousllr, Councilrnan fiebl commented cha� even if ch� price cannot be lowered, he 1e1c that the Cicy should purchase ic, as it is badly needed. ADJOUI:NMEL�?�I' : MOTION ny Councilman Samue]_son to adjourn the Meeting. Seconded 7ay Counciiman Lie�l, tlpon a voice vote, a11 vocany aye, Mayor I.irlcham declared L-he Regular Council Meetin, oi January 6, 1969 ad�ourned at 11:15 P.M. Resiyect�ully submitL-ed, _ ��f�,`%/r j(,;%��,; i��W- Jue1 Mercer Secretary to the Counc�l s � , f1 l�c� _ 1 � l� ��✓ �'� �1�,4.��.. �J J�c„ p, Kirkham `� Mayor � LJ u