Loading...
02/17/1969 - 00019682C��� CyM- THE PQINUTES OF THE REGULAR COUNCIL MEETING OF FEBRUARY 17, 1969 ' Mayor Kirkham called the Regular Council E�eeting of February 17, 1969 to order at 7:40 P.M. PLEDGE OF ALLEGIANCE: Mayor Kirkham requested the audience to stand and join the Council in saying the Pledge of Allegiance to the Flag. ROLL CALL: MEA�ERS PRCSENT: Liebl, Samuelson, Sheridan, Kirkham MEMBERS ABSENT: Harris PRESENTATION OF AWARD: The Certificate of Achievement was for Mr. Daryl Nagel for his work with the Plats and Subdivisions - Streets and IItilities Subcommittee. Mr. Nagel was not present, so his Certifacate is to be sent to him. DISCUSSION OF MINi1T�S OF SANUARY 20, 1969 AT THE REQUEST OF COUNCILMAN LIEBL: , Councilman Liebl said that he would like to challenge the intention and legality of the Council concerning the January 20, 1969 Minutes which were approved by three attending Members of the Council on February 3, 1969. He said that the motion by Councilman Harris read as such: "MOTION by Councilman Harris to approve the building pexmit subject to utility and drainage plans to be submitted to the Engineer, and eliminating two driveways, and dedication of the roadway meeting the service road to the south." After further discussion Councilman Harris amended his motion to read: "MOTION AMENDED that the Certificate of Occupancy would depend on the dedication of the roadway." Councilman Liebl said that he felt that this was against the State 51=atutes and the City Charter as the property has not been rezoned properly yet. Councilman Sheridan said that it probably should be amended to read a foundation permit. Councilman Liebl said that he felt that this still would not correct the error, as this property is still M-2 and until it is properly zoned, there cannot be a foundation permit issued on the property. He said that he will not go on record for future generations that he voted for something illegal„ as he took an oath when he took this job. There followed a very lengthy discussion of Yhe legality of the issue. Tbe City Attorney said (verbatim)'°Well, If I can digress for a moment, I was not in attendane° at the February 3rd Meeting, and this is a complete surprise to me. ' Thls was hande3 to me 5 minutes ago. I was present at the Meeting in whlch Mr. Peter L�ndberg came before the Council and asked permission for rezoning, As I rer_all that P4eeting, they`wexe asking £or quite an extensive piece of property to be rezoned to commercial zoning. But the Council at that time, because they did � � � REGIILAR COiJNCIL MEETTNG OF FEBRUARY 17, 1969 PAGP 2 have a plan for the entire parcel, agreed to hold a first reading, and aY. least it is clear in my mind, or it was at that time, that I think it was a suggestion of Mr. Sheridan that the rezoning - second reading would Ue contingent upon his coming up with a plan for the whole parcel. In the event that they d�d not have a whole plan, The second reading would be helrl for a certain �ortion of that parcel or that portion which he did have plans for, am I correct up to that point� That then, in my opinion, put us in much the same position as we have had with Onan, Target, or any of the other businesses where we have granted a foundation permit. In those instances� it is contingent upon their suUmitting adequate specs, electrical, plans and the rest that have to be cert�fied by the Engineer, and that this position is a parallel position, in other wards, the Council has said that they will not g�ve a rezoning, or that the rezoning of the whole parcel as requested, is cont�ngent upon his having a plan for that whole parceL. However, it was my understanding that night, and it still is now, that in the event that he does not have a plan for the whole parcel, the second reading will be he]d on that part which he does have a plan for. ilttder those circumstances, it would be my opinion, that while State Statutes or Charter may not give the Council the right to do it, the State Statutes or Charter do not deny the Council the right. to do it; and wheY.her or not it is questionable, I think that the Court as a practical matter are extremely reluctant to inquire into the proceedings of a Council as long as they are not acting arbitrari]y or capriciously. I see nothing arbrtrary or capricious about what the Council has done so £ar. It wouid be my suggestion that that person, or persons who are complaining, contact us either through their attorney or by themselves and we would certainly be willing to sit down and discuss it." Councilman L1eb1 said that he would have to disagree with the Assistant City Attorney. Ae said that he did not feel that the wmparison with Onan's a proper compaxison as Onan's had the proper zoning. Mayor Ka.rkham asked the City Manager what caas put out in the Department Haad Memorandum. The City Manager answered (verbatim) "Based on the memo to the Department Heads, which of course is a little different than what is in the Minutes, but these things were discussed in the Mtnutes, I said to them with these stipulations: the Certa.ficate of Occupancy sub�ect to outcome of the second reading of the Oxdinance and approval of rezoning of the area. Also dedication of the road. The applicant to proceed with construction at his own risk. Th�_s I got from the final portion of the Conncil Meeting tape where it indicated that they asked Mr. Schroer if he understood that he would be proceeding at his own risk, or words to that ef£ect. Submission and approval of utility plans, drainage plans, and easements to the City Engineer. We eliminat� two driveways and the fin31 approval would then allow for three driveways. Dedication of the street- to the City which can be determined from St. Paul waterworks on their easement and facilities which at present preclude link up of street to the street to the south. All permats sub�ect to second reading of the Ordinance to be placed on the Agenda February 3, 1969. The building permit issued was not a full Uuilding permit, Uut based on knowing that we feel that we could not go ahead and issue a full perrut, �aithout the zoning. It was �ust a foundation permit, and it also states on it that all permits are sub�ect to the second reading of the Ordinanr_e for the rezoning of the area." Mayor Kirkham said that it seemed that there was some question as to whether this was a foundatton permlt or building permit. He said that the permit he has before him, states quite clearly that it is a foundat�_on permit, and that as all Mr. Schroer has. �u i�i� REGULAR COUNCIL MEETING OF FEBRUAAY 17, 1969 PAGE 3 Councilman Liehl asked if the City has eber given, in previous years, a building perm�t without the land being properly zoned. He said that if the City has a record of kh�s, then he will be convinced. Mayor Kirkham said that the Council has given foundation permits in the past in order to allow a tuilder to get started on a building project before the Council has been satisfied with every- thing, but he did not know if any aases involved zoning, but alwa}rs, as in this particular case, the builder understands that he proceeds at his own risk. MOTION By Councilman Liebl to rescind the moti_on of Councilman David Harris on Sanuarp 20, 1969 which was and is illegal and improper as such, and in vaolation of our St_ate Statutes and C�_ty Charter, and I MOVE that this permit is withdrawn on the above mentioned grounds until the property involved is properly rezoned, at the two demanded readings, and legally published. The motion wa� seconded by Councilman Sheridan. Upon a voice vote, Liebl voting aye, Kirkham, Sheridan, Samuelson voting nay, Mayor Kirkham declared the motion FAILED. MOTION by Councilman Samuelson to correct the Minutes of January 20th, 1969 to read "Foundation permit" rather than "Building permit" on page 14, and the amendment on page 15 for the Certificate of Occupancy would depend on the second reading of the rezoning request. The motion was seconded and upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. It was pointed out that Mr. Schroer's foundation permit has expired, and he would either have to stop work or get his permit extended. This item was again discussed at the end of the Meeting. (NOTE) There �s a tape transcript of this conversation on file in the Office of the City Manager. APPROVAL OF MINUTFS OF THE REGULAR COUNCIL MEETING OF FEBRUARY 3, 1969: MOTION by Councilman Liebl to adopt the Minutes of the Regular Council Meeting of February 3, 1969 as presented. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. OF MINUTES OF THE SPECTAL PUBLIC HEARING MEETING OF FEBRLTARY ]0, 1969: MOTION by Councilman Sheridan to adopt the Minutes of the Special Public Hearing Meeting of February 10, 1969, Seconded by Councilm.sn Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motinn carried, ADOPTION OF AGENDA: Mayor Kirkham said that there w�re some items to be added: Item ]A: Les Chies - House Moving Permit Item 9A: Resolurion on Maintenance of Signals Item 9B. Resolution on Liquor Legislation Item 20A: Fiscal Disparity He said that he would also like to table Item 912: The Second Reading of the Ordinance to Amend the City Code by Making a Change in Zoning Districts from M-2 to C-2-S (Bob Schroer - Produce Ranch at 7620 IIniversity Avenue N.E.) to the March 3, 1969 Meeting. MOTION by Councilman Liebl to adopt *_he Agenda as amended. Seconded by Counc�lman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carrted. ' � � � � � REGULAR COUNCIL MEETING OF FEBRUARY 17, 1969 VISITORS: PAGE 4 Ma�or Kirkham asked the audience if there was anyone present who wished to speak on anyth�_ng not on the Agenda. There was no response. CONSIDERATION OF A REQUEST TO MOVE A RFSIDENT DWELLT_NG FROM SILVER LAKF. ROAD TO PART OF LOT 10, AUDiTOR'S SUBDZVISION i{22, THE SAME BEING I530 RICE CREEK ROAD, FRIDLEY_ MINNESOTA. (REOUEST BY LES CHIES. 59l DRIFTWOOD ROAD_ NEW RRIGHTON_ Councilman Sheridan said that he had requested that this be included on the Agenda. He referred to the Minutes of December 16, 1968 where the Council gave Mr. Les Chies permissaon to move his house into this community with stipulations, one of which that he check with the neighbors. ➢uring the discussion with The Council at this Meeting, the Council asked if he had checked with his neighbors and if his plans were agreeable to them. He indicated at that time that there was no ob- jection from any of the neighbors. On February 11, 1969, Councilman Sheridan said that he received a call fxom one of the neighbors wanting to know when he was given such permission. He said that he felt that this constituted incorrect and misleading statements hy Mr. Chies and he would like to ask the Council to withdraw their permission. MOTION by Councilman Sheridan to withdraw permission for Mr. Les Chies to move a residence from Silver Lake Road to 1530 Rice Creek Road. The motion was seconded and upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. This item was brought up again at the end of the Meeting. CONSIDERATION OF SECOND READING OF SIGN ORDINANCE: Councilman Samuelson asked if there was any communication from the Chamber of Com.merce. The City Manager said that he had been in contact with Mr. Glenn Thompson and Mr. William Sensen, and that the Chamber of Commerce wanted to appear befoxe the Council before any official action was tal.en. Councilman Sheridan coimnented that there seemed to be some conflicting opinions on some of the paragraphs. It was agreed by the Council to tsble this until the Meeting of March 3, 1969, at which time the Chamber of Commerce map be ready for an appearance. FIRST REA➢ING OF AN ORDINANCE TO VACATE STREETS AND ALLEYS AND AMEND THE CITY - ACK; CITY OF FRIDLEY: MOTION by Councilman Samuelson to approve the Ordinance on first read�_ng and waive the reading. Seconded by Counca.lman Sheridan. IIpon a roll call vote, Samuelson, Sheridan, Kirkham and Liebl voting aye, Mayor Kirkham declared the motion carried. RECEIVING THE MINUTES OF THE BUILDING STANDARDS - DESIGN CONTROL SUBCOMMITTEE MEETING OF FEBRUARY 11. 1969: 1. CONSIDERATION OF A REQUEST TO CONSTRUCT THE EXTERIOR DISPLAY AREA OP BOB'S PRODIICE RANCH, LOCATED AT 7fi20 UNIVERSITY AVE. N.E., FRIDLEY, MINN. (REQUEST BY ROBERT SCHROER, 7886 FIRWOOD WAY N.E., FRIDLEY, MINNESOTP.): U r_ 4��� REGULAR COUNCIL MEETING OF FERRUARY 17, 1969 AND 2. MINNESOTA. OF A BY ROSERT 5 PAGE 5 BUILDING OF BOB'S N.E., FRIDLEY, The Engineering Assistant brought the plans to the Council table for the Council- men to review. He said that they found it necessary to move the building 50' to the south because of the soil conditions. He said that this request is for the display area and the garden center. He pointed out that the foundation permit on the garden center expired last Friday, February 14, 1969. They are now requesting a full permit. Councilman Liebl asked`if the members of the subcommittee were aware that this property has to Ue rezoned first. The Enganeering Assistant said that he did not know. Councilman Samuelson explained, while looking at the plans that the display area is basically of post and beam construction, and that there would be no wa11s or inclosures. Mayor Kirkham asked if the foundation is completed yet. Council- man Samuelson said not yet. Councilman Sheridan asked when the revised plot plan would be completed. Councilman Samuelson said probably by noon the next day. He said that Suburban Engineering has not finalized some of the utility details. Councilman Sheridan suggested laying this over until the second reading of the Ordinance and acting on all at the same time. The Assistant City Attorney pointed out that either the foundation permit would have to be extended, or work stopped. Councilman Samuelson agreed that they would need a continuance of the foundation permit. The Engineering Assistant said that it was only an 11 day permit. Wben asked why such a short time, he explained that in this way it encourages the contractors to bring in their completed plans sooner and that the second reading of the Ordinance was scheduled to be completed before the permit would have expired. MOTION by Councilman Liebl to table Item �kl and I'tem 112 of the Building Star_dards - Design Control Subcommittee Meeting until the rezoning is completed. Seconded by Councilman Sheridan. Upon a voice vote, Liebl, Kirkham, Sheridan voting aye, Samuelson abstaining, Mayor Kirkham declared the motion carried. 3. CONSIDERAT70N OF A AT 7507 COMMEBCE LANE, ANOKA CQS�NTY. MIIVNESOTA TO CONSTRUCT A MASONRY BIIILDING 50' X 120' iEAT PROCESSING AND PACKAGING PLANT. LOCATED I:V�51:71 � The Engineering Assistan*_ said that Mr. Brothen has submitted ha.s revised plans, and brought them forward to the Council table. He explained that the brick w�uld extend up to the windows. Councilman T�iebl asked how much he estimates his in- vestment is. Mr. Brothen said about $125,000 for 12 acres. The Engineering Assistant pointed out that this building also had to be moved narth hecause of the soil r_onditions. Councilman Samue]son asked if the Ruilding Standards - Design Control considered the fence along the east line. Mr, Brothen said yes, it was brought up, but the Committee did not think it would be necessary. He pointed out that he also had to raise the building several feet. He then showed the landscaping plans. MOTION by Councilman Samuelson to grant the building permit to Mr. Brothen for a meet grocessing and packaging plant located at 7501 Commerce Lane subject to the ' ' ' �I ' REGULAR COUNCIL MEETING OF FEBRUARY 17, 1969 PAGE 6 stipulations of the Building Standards - Design Control. Seconded by Council- man Liebl. Upon a vo�ce vote, all voting aye, Mayor Kirkham declared the motion carried. 4. CONSIDERATION OF A THE SAME BEING LOT 6 AN ADDITION TO AN EXISTING . ROAD N.E., FRIDLEY, MINNESC ION 4179, ANOKA COUNTY, MINN. RIVER ROAD, FRIPLEY. MINN.): The Engineexing Assistant said that this was for an addition to F.M.C. at the southeast corner of their property. It is for 20,000 square feet, all on one floor. He said that it is to be used as Engineering of£ices, MOSION by Councilman Sheridan to grant the building permit to F.M.C. far the addition to their building for some Engineering offices, as per plans submitted Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. The Engineering Assa.stant said that there was no Council action necessary �n Item if5 as they still have to come in to the Building Standards - Design Control Subcommittee w�th revised plot plans. MOTION by Councilman Sheridan to xeceive the Minutes of the Building Standards - Design Control Meeting o£ February 11, 1969. Seconded by Councilman Samuel�on. Upon a voiee vote, all voting aye, Mayor Kirkham declared the motion carried. RECEIVING THE MINUTES OF THF PLANNTNG COMMISSIODi MEETING, FEBRUARY 13, 1969c The Engineering Assistant said that there were two PuUlic Hearing dates that need to be set by the Councal. One is for a Rezoning F,equest: ZOA 4E68-11, Louis Momchilovich, and the other a Rezoning Request: ZOA Ik68-13, Hammerlund Enter- prises, Inc., Clarence Nordstrom Applicant. MOTION by Councilman Liebl to set the Public Hearang dates for Louis Momchilovich Rezoning Request and Hammerlund Enterprises, Inc., Resoning Request for the Meeting o£ March lOth. Seconded Uy Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. The Engineering Assistant�pointed out that in Item 116 of the Planning Commission Minutes� they suggested that the proposed Main Street be extended southerly across the open land and connect up with Commerce Lane and that the service drive constructed along University Avenue he looped back away from the highway at Osborne Road and 79th Avenue. Councilman Liebl said that he would like a chance to review the Planning Commission Minutes befoxe the Council Meetings, as there is not time for study of the r_orrect action the Council should take on some matters. 1 i'"j L'1 MOTION by Councilman Liebl to have the Planntng Commission Minutes of February 13, ' 1969 ava�lable for receipt at the Special Meet�ng at 5:15 P.M. the 24th of Fehruary. Seconded by Counctlman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. THE MINUTES OF THE INDUSTRIAL DEVELOPMENT COMMISSION. JANUARY 9, 1969: MOTION by Councilman Samuelson to receive the Minutes of the Fridley Industrial �;� REGULAR COUNCIL MEETING OF FEBRUARY 17, 1969 PAGE 7 Development Commission of Sanuary 9, 1969. Seconded by Councilman Sheridan. � IIpon a vo�_ce vote, a11 voting aye, Mayor Kirkham declared the motion carried. Councilman Liebl asked what the $500 was for. Councilman Sheridan saad that there were advertisements in a_ll of the papers. Councilman Samuelson commented that there were nine calls resulting from the ads, and if the City were to have one sale, this would pay for the ad. APPLICATION OF SIGN PERMIT - MR. STEAK RESTAIIRANT: The Engineering Assistant said that this request meets all the requirements of the Sign Ordinance, although it would exceed the new proposed ord�nance by 50 square feet. This stgn in smaller than those to the south of him. He said that there would be no flashang, rotating, or blinking parts to this sign. MOTION by Councilman Sheridan to grant permission for the sign for Mr. Steak. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motinn carried. DISCUSSION REGARDING STATE BOTTLE CLUB PERM7T - CASINO ROYALE: Mr. Carl Rostberg and his attorney, Mx. Gary Phlegex were in attendance at the Council Meeting. Mayor Kirkham said that he was surprised at this request as this has been a teen ' age club. He said that he had received a letter £rom Mx. Rostberg, dated Feb- ruary 15, 1969 and asked the Assistant City Attorney to read it. Mr. Phleger explained that they are now running a teen age dance club on week ends, however, due to high e�enses, Mr. Rostberg wished to augment his income to help cover his overhead. He said that hzs request is for a 3.2 beer license and set-ups for adult nights during the week. On week ends, the club would operate as before with the beer locked up. Councilman Liebl asked about policing the club, and asked for assurance that it would be a good club. Mr. Rostberg said that there are two uniformed Policemen and one out of uniform in attendance. Councilman Sheridan asked about the legality of issuing a 3.2 beer license fox a portion of a week. He said that he wondered if it would be illegal £or anyone under 21 to be in a place that has a beer license. The Assistant City Attorney said that he was not sure and would like the opportunity to check this out with the State Liquor Commtissioner. MOTION by Councilman Samuelson to lay this over until the March 3, 1969 Meeting, when hopefully, the Assistant City Attorney will have his answer from the State Liquor Commissioner. Ser_onded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. SUBMISSION OE CZVIC CENTER AS A FALLOUT SHELTER: ' The City Manager explained that this would allow outsiders to come in and use the Civic Center as a fallout area, MOTION by Councilman L�ebl to approve the Civic Center Fallout Plan and authorize the signature by the City Manager. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kzrkham declared the motion carried. r� �� I � y�! REGULAR COUNCIL MEETING OF,FEBRUARY 17, 1969 PAGE 8 � RESOLUTION Ik23-1969 - RESOLUTION AUTHORIZING MAINTENANCE AGREEMENT BETWEEN THE STATE OF MINNESOTA AND THE CITY OF FRIDLEY FOR THE MAINTENANCE OF TRAFFIC CONTROL SIGNALS: MOTION by Councilman Samuelson to adopt Resolution IE23-1969. Seconded by Counr_il- man Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. The Crty Manager commented that this would still allow the City of Fridley to change the lamps on all the signals. OF LEGISLATION AIIT C BEVERAGES� Councilman Liebl pointed out that the City Council has already passed two resolutions stating that they were in favor of having private on-sale and Municipal off-sale liquor. Mayor Kirkham said that it was very important at this time to �tick together, as there are two bills being considered now. He said that Senator Greig's bill allows the communities to pick and choose at their own option. Councilman Liebl said that Senator Gre�g's bill, if adopted, would mean that eventually the communities would have to phase out their municipal off-sale. ' Councilman Sheridan said that he felt that this resolution should be passed, then if at a later date, this Council would wish to back a particular bill, this would call for a separate resolution. Councilman Liebl said that there was a Meeting at 9:00 A.M., February 26, 1969, and Senator Greig has indicated that he wanted the feelings of this Council. MOTION by Councilman Sheridan to adopt Resolution Ik24-1969. Seconded by Council- man Liebl. IIpon a voice vote, all voting aye, Mayor Kirkham declared the motion cariied. MOTION hy Councilman Sheridan to ask the Administration to obtain copies of the two Uills for Council review. The motion was seconded and upon a voice vote, all voting aye, Mayor Kirkham declared the riotion carried. CLAIMS: MOTION by Councilman Samuelson to approve payment of General Claims ii17336 through 1{17438 and Liquor Claims �{3011 through ii3068. Seconded bp Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. LICENSES: MOTION by Councilman Liebl to approve the following licenses• ' Multiple Dwelling: Name Address Units Fee Wa}�ne W, Siewert 251 57th Place 4 $6.00 3732 46th Ave. So. (6 mo. ownership) Minneapolis, Minn. i�� � REGUI.AR COUNCIL MEETING OF FESRUARY 17, 1969 GAS SERVICES T. D. Gustafson Co 5820 Cedar Ave. Minneapolis, Minnesota By: Ray T. Gustafson GENERAL CONTRACTOR Falk Construction Co. 2516 Central Ave. N, E. Minneapolis, Minnesota By; Lawrence E. Falk Osborne Construction 7565 University Ave. N. E. Fridley, Minnesota By; Warren Osborne Antler Corporation 2954 North Rice St. St, Paul, Minnesota By; Mike Finneman MASONRY Howard Lidtke Const Route ikl ' Anoka, Minnesota By: Howard Lidtke Sharp Concrete Const. Inc. 12060 Mississippi Drive Osseo, Minnesota By; Dennis L. Sharp PLASTERING Motris Kallevig 2310 West Jones Place Minneapolis, Minnesota By: Morris Kallevig SIGN ERECTION Telke Signs, Inc, 3940 Minnehaha Ave. Minneapolis, Minnasota By; R. V. Telke CIGAFRTTE Country Boy 1301 N.E. Mzssissippi St. By: John Baucom Jr. Fridley, Minr.esota NEW RENEWAL RENEWAL NEW I�II.�9 NEW NEW RENEWAL PAGE 9 APPROVED SY Htg Insp. B1dg.Insp. Bldg. Insp. Bldg, Insp. Bldg, Insp. Bldg. Insp. Bldg. Insp, Bldg. Insp. Chief of Police 1 1 , -i, `, -, � �_ REGULAR COUNCIL MEETING OF FEBRUARY 17, 1969 � LICENSES CONTINUED CIGARF.TTE Chinese Village Inc 6304 Highway 1/65 Fridley, Minn. Knights of Columbus 6831 Highcaay 1i65 Fridley, Minnesota By: Harlow E. Johnson By: S.R. Plumel ARA'Service of Minnesota 655 20th Ave. N.E. By: Shapiro Minneapolis, Minn. THE MOTION was seconded by Councilman Samuelson aye� Mayor Kirkham declaxed the motion carried. ESTIMATES: PAGE 10 Approved By Chief of Police Chief of Police Chief of Police IIpon a voice vote, all voting The Engineering Assistant said that these had been checked over very carefully, and are actually less than the original plans called for. Councalman Liebl � asked if these were final estimates. The Engineering Assistant said yes. Council- man Liebl asked what if something goes wrong on one of the pro�ects. The Engine- ering Assistant said that there is a maintenance bond for a 12 month period. MOTION by Councilman Sheridan to pay the following estimates: Anoka County Highway Department Anoka Minnesota 55303 Far work performed on pro�ects completed in Fridley last construction season. S.A.P. 02-606-04 (S.P. 0205-29) Concrete curb and gutter, Fridley share 50% Concrete walk, Fridley share 100% S.A.P. 02-606-OS Concrete curb and gutter, Fridley share 50% Concrete walk, Fridley share 100% S.A.P. 02-608-03 Concrete curb and gutter, Fridley share 50% $1,687.40 3,945.24 2,761.14 7,440.16 5,338.70 $21,192.64 $21,192.64 � MOTION seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. RESOLUTION �E25-1969 - RESOLUTION REVOKING AND REDESIGNATING MiINICIPAL STATE AID STREETS: Councilman Liebl asked how these desagnations were arrived at. Mayor Kirkham said � � �,� A� � REGULAR COUNCIL MEETING OF FERRUARY 17, 1969 PAGE 11 that the amount of mileage changes annually so the Council has to make desig- nations in order to make certain that the City geCS the State Aid Funds. Councilman Liebl asked why 67th Avenue was a State Aid Street and that he had received a call asking why this was so, Mayor Kirkham said that this street has been removed from the State Aid section, and another street put in it's place, as 67th Avenue no longer meets the criteria £or a State Aad Street since the access was cut off to University Avenue. MOTION by Councilman Liebl to adopt Resolution �i25-1969. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye� Mayor Kirkham declared the motion carried. RESOI,UTION 1126-1969 - RESOLUTION IMPOSING LOAD LIMITS ON EUBTIC STREETS AND HIGHWAYS IN THE CITY OF ERIDLEY: MOTION by Councilman Liebl to adopt Resolution �126-1969. Seconded by Council- man Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. RESOLUTION ii27-1969 - RESOLUTION ORDERING IMPROVEMENTS, APPRC�VAL OF PLANS AND MOTION by Councilman Samuelson to adopt Resolution /f27-1969. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham derlared the motion carried. RESOLUTION /128-1969 - RESOLUTION RELATIVE TO ADDITIONAL HOOKUP TO THE NORTH SUBURBAN SANITARY SEWER DISTRICT SYSTEM: MOTION by Councilman Liebl to adopt Resolution 1k28^1964. Seconded by Council- man Samuelson. Upon a voice vote, a11 voting aye, Mayor Kirkham declared the motion carried. RESOLUTION ;f29-1969 - RESOLUTION AUTHORIZING THE ACOUISITION OF A➢DITIONAL The Engineering Assistant said that the City has already obtained the right of way for the south half, but not for the north half. This is the reason for the resolution. It gives the City Attorney the right to prpceed with condemnations, He saad that it was proven not feasible to trade land as this would involve cutting �ff access for some of the property owners. He said that on Lot 18, it may prove costly as the ovmer has some underground storage tanks in the area needed for the rlght of way. MOTION by Councilman Liebl to adopt &esolution �f29-1969, and authorize the City Attorney to start condemnation proceedings ¢or,the north half of the right,of way for 73rd Avenue. Seconded by Councilman Samuelson. Upon a voice vote, Liebl, Kirkham, Samuelson vottng aye, Sheridan abstaining, Mayor Kirkham declared the motion carried, REAFFIRMING AESOLUTTON IC20-1969 - RESOLUTION REGARDING THE TRANSFER OF FUNDS MOTION by Councilman Liebl to reaffirm Council action of February 10, 1969 in adopting Resolution 1i20-1969. Seconded by Councilman Samuelson. Upon a voice ' � , 1._J � v�J ri R�GULAR COUNCIL MEETING OF FEBRUARY 17, 1964 vote, all voting aye, Mayor Kirkham declared the motion carried. PAGH l2 Mr. Richard Harris asked that the Resolution be read aloud. Councilman Liebl commented that the Jaycees did a fine job and that the Citizens of Fridley responded admirably to the call for help. He saxd that when Fridley needed help, we got it, so it was felt that we should do the same �_f we were able. The Assistant City Attorney said that these were not public funds. Mr. Harris pointed out that a lot of people did a great deal of work for nothing during the 1965 tornado. Councilman Liebl told Mr. Harris that there was sti11 $2300 in the Disaster Fund. Councilman Samuelson said that he would like to see this fund drawing interest. The Assistant City Attorney said that there is some legal questions on who has the authority to administer this fund. Councilman Sheridan said that he would talk to Mr. Berry of the Fridley State Bank about this. RESOLUTION �ii30-1969 - RESOLUTION AUTHORIZING AND DIRECTING THE SPLITTING OF SPECIAL ASSESSMENTS ON LOT 4, BLOCK 1, PARCEL 150, NAGEL'S WOODLANDS ADDITION: MOTION by Councilman Samuelson to adopt Resolution {f30-1969. Seconded by Council- man Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. APP OINTMENT S : MOTION by Councilman Liebl to concur with the Director of Parks and Recreation in the following appointments. NAME Donald Ososki 585 57th Avenue N.E. Fridley, Minnesota Emmett Gosselin 6872 7th Street N.E. Fridley, Minn. POSITION Park Maintenance Park Maintenance SALARY REPLACES $585 per Month New Position $SSS per Month New Positian Seconded by Councilman Samuelson. IIpon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. ROBERT SCHROER: EXTENDING TIME ON FOUNDATION PERMIT: Councilman Liebl asked how much he has completed. Mr. Schroer said that it was only partly done. MOTION by Councilman Sheridan to extend the time on the foundation permit to March 17, 1969. The motion was seconded and upon a voice vote, Kirkham and Sheridan voting aye, Liebl voting nay, Samuelson abstaining, Mayor Kirkham declared the motion carried. � DISCUS6ION OF FISCAL DISPARITIES: Councilman Liebl said that over the past four years or so the City of Fridley has been engaged in encouraging industries to move into Fridley. This has improved our tax base, but now there has been a bill introduced, which would in effect take u� ��� REGULAR COIINCIL MEETING OF FESRIIARY 17, 1969 PAGE 13 from the richer coromunities such as Fridley to help the poorer communities and suburbs. He pointed out that along with the benefits of the increased tax base, the City now has the problems o£ providing facilities and utility services, air and noise pollution, more traffic, and providing increased Fire and Police protection. He s�id that this bill has the support not only of the core cities, but of many of the suburbs. He said that he would like to know how the Council feels on Chis bill. Mayor Kirkham said that the City of Fridley has already voted against this bill. He said that Mr. Ankrum was sent to the meetang by him and he was one of four Municipalities who ob�ected to this bill. Mayor Kirkham said that his position is that it has not been proven that there is actually fiscal disparity. The surVey that was made to establish this was made over a period of one year, 1966, and he felt that in order to say definitely that there is fiscal disparity, they should have a survey of over at least a Five pear period, so they can see whether this is in fact true. He said that he thought that fiscal disparity is really nothing more than another catch phrase, and is a new name for fiscal irrespon- sibility o£ the core cities. He said that until Yhe core cities are willing to help them�elves Co the extent Fridley did, he was not interested in helping. Councilman Liebl pointed out that the money to he],p the poorer communities has to come from somewhere, and that would be from those who have the ability to pay. Councilman Samuelson commented that this is the Robin Hood plan generated by the core cities and all they want is another method o� taxing us, tio carry out their spending program. The City Manager said that one of the salient points that was brought out at the meeting, was how do you measure eff�ciency. If money is taken from one to give to another, how do you measure the degree of e£ficiency of the people being given the money, such as are they building more luxurious school buildings, are they buying fancier equipment, or how are they spending their money in compaiison to the cities that the money is being taken ftom. �'o�ancilman Liebl pointed out that the core cities are going to be able to outvote us. The City Manager said that pracCically all the suburhan votes were for the tax structure legislation as has been proposed by the League and ihey voted on it as such to go forward for a Legislative request. Councilman Sheridan said that he was disturbed by the fact that this bill was being introduced by the League of Municipalities. He wondered whexe this originally started and if it was a move to perpetuate the League. Councilman Samuelson agreed with him. Councilman Samuelson said that he would be happy to approve a resolution to our Representatives in the Legislature stating Chat we do not want any part of this bill and that the City does noC feel that the background is proper or the study is proper. Councilman Liebl said that the reason he brought it up, was to see what steps could he,taken so the City gets a fair shake. Councilman Samuelson said to get the bill turned down if possible. Mayor Kirkham agreed with the,suggestion of passage of a resolution in opposition of homogenizing the tax base. He al�o ' , , c�� ^�1 REGULAR COUNCIL MEETING OF FEBRIIARY 17, 1969 PAGE 14 ' suggested that anyone who wished could lobby. Councilman Liebl said that he would lil�e to have the Administration draw up a resolution w�th the help of the City Attorney in this respect. MOTION by Councilman Liebl to instruct the Administration to prepare a resolution in opposition to the bill designed to homogenize the tax base in the Metropolitan area. The motion was seconded and upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. Councilman Sheridan suggested having it ready for next Monday's Special Meeting so it can be passed and forwarded on to Anoka County for tha Legislative Meeting. (NOTE) There is a tape transcript of this conversation on file in the Office of the City Manager. - LES CHIES - MOVING PERMIT REQUEST DENIAL: Mr. Les Chies was present at the Meeting now to ask why his permit to move his residence was withdrawn. He said that at the December 16, 1968 Meeting, the Council gave their approval. Councilman Liebl read Mr. Chies the Minutes of December 16th, including the stipulations. He said that permission was withdrawn as it �aas felt by the Council that Mr. Chies has deceived the Council in saying that he had talked to the , neighbors, when in fact he had not. Mr. Chies pointed out Chat everyone in the neighborhood knew that he planned to move a house into the area� but they did not come to the Council Meeting and oB7ect. Councilman Samuelson said that he had to have written approval from the neighbors. Mr. Chies said that he would like to lrnow if someone on the Council advised some neighbor not to sign his letter. Mayor Kirkham said yes. Mr. Chies said that he has been to Buildzng Standards - Design Contxol, and the City Council, and wondered now why they let him do all this if they were not going to let him move his house. Mayor Kirkham told him permission was granted on the strength of what Mr. Chies told the Council he had done. Councilman Sheridan a�ked Mr. Chies why he made such a statement. Mr. Chies replied that he did not know if he said it or not, and asked why the Council has done this. Mayor Kirkham said because he had deceZVed Che Council. Mr. Soe Conners asked what circumstances are considered in cases such as this, Mayor Kirkham told him the aesthetics are considered, and the Building Inspection Department goes over everything very carefully� and the applicant has to check with the neighbors. Mr. Conners said nobody came to ob�ect at the Council Meeting� which might mean to Mt. Chies implied consent, and that it was all right with them. He asked if ttae Council made their decision because of deceit� The Assistant City Attorney said that Mr. Chies said he had had his plans approved by the neighbors and that the issue was the deceit. RICHARD HARRIS - GUIDELINES FOR CONTRACTOAS: Mr. Richard Harris said that from the actions of the Council and the City � Administration in the past few weeks he is becoming more and more disturbed. He said that it is becoming harder and harder to answer questions and explain things to the people who ask questions. He said that he had asked last November that a list be made up of all the requirements and stipulations required of contractors. He said that there should be no deviations and no special favors, and that a concise list be prepared. Councilman Liebl said that the Council has ��, � :'� '�� REGULAR COUNCIL MEETING OF FEBRUARY 17, 1969 PAGE 15 to treat everyone alike. Mr. Harris said that they do not do that. Mayor � Kirkham said that this is a continuing process of getting better regulations. He said that if he ha3 any specific complaint to make he would be willing to listen. The Assistant City Attorney agreed that he did not know what specifics Mr. Harris was talking about and asked him to come into his office to discuss it. Councilman Samuelson said that there is a list and asked the Enganeering Assistant to go and get one for Mr. Harris. The Engineering Assistant did so. CONSIDERATION OF DRAWING UP AN ORDINANCE REGULATING MOVING BUILDINGS INTO THE CITY OF FRIDLEY: Councilman Sheridan said that it seems that there is always trouble with buildings being moved into the community. He suggested the possibility o£ drawing up a number af ordinances for consideration. The Assistant City Attorney said he would be willing to come in and �it down with the Administration and draW up some tentative ordinances to this effect. ADJOURNMENT: MOTION hy Councilman Liebl to ad�ourn the Meeting. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kixkham declared the Regular CouncSl Meeting of February 17, 1969 adjourned at 10:55 P.M. R/es}7�ectfully submitted, �A'"/ /� � //( (�� t'�� � Suel Mercer Secretary to the Council ��_� r_'LT// � '�� ! �2 /�`� c4-� -"� Jack 0, Kirkham Mayor L' � '