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06/16/1969 - 00019416� � � THE MINUTES OF THE REGULAR COUNCIL MEETING OF JUNE 16, 1969 Mayor Kirkham called the Regular Council Meeting of June 16, 1969 to order at 7:50 P.M. PLEDGE OF ALLEGIANCE: Mayor Kirkham lead the Council and the audience in saying the Pledge of Allegiance to the Flag. INVOCATION: Pastor James McChesney Jr. of the Fridley Methodist Church lead the Invocation. ROLL CALL MEMBERS PRESENT: Liebl, Harris, Samuelson, Kirkham, Sheridan (Arrived at 8:30 P.b1.) MEMBERS ABSENT None APPROVAL OF THE REGULAR COUNCIL MEETING MINUTES OF SGNE 2, 1969: MOTION by Councilman Harris to adopt the Minutes as presented. Seconded by Councilman Liebl for discussion. Councilman Liebl asked for further elaboration on the fourth paragraph on page 4£rom Councilman Samuelson. Councilman Samuelson answered that on the application that was presented to the City Hall for the rezoning request, he signed the appli- cation as Vice President of the S.G. Pearson Company, Inc. and inadvertently they misunderstood and assumed that he was the owner, but he was only acting on behalf of the corporation. Councilman Liebl said thank you, and was ready for the question. THB VOTE upon the motion, being a voice vote, all voting aye, Mayor Kirkham declared the motion carried. APPROVAL OF MINUTES OF THE SPECIAL PUBLIC HEARING AND WORKSHOP MEETING OF JUNE 9, 1969: MOTION by Councilman Liebl to adopt the Minutes of the Special Public Hearing and Workshop Meeting of Sune 9, 1969 as presented. Seconded by Councilman Harris. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. ADOPTION OF AGENDA Mayor Kirkham said that he had some items to add which were: SA. Foundation Permit for Fridley Auto Body 46A. Racing Stock Cars 49. Discussion Regarding the Split Liquor Legislation. 24 Move this item to about 8 30 P M. when Councilman Sheridan arrives. � �; REGULAR COUNCIL MEETING OF JUNE 16, 1969 PAGE 2 MOTION by Councilman Liebl to adopt the Agenda as amended. Seconded by Council- � man Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. VISITORS: Mayor Kirkham explained the policy of allowing the members of the audience 15 minutes for discussion of items not on the Agenda. PAULSON SIGNALS ON UNIVERSITY AVENi7E Mr. Carl Paulson asked if something could not be done about the coordina�ion of the signals on University Avenue. He said that if a person goes the speed limit, it is impossible to make the signals. He said that the signals all along Universrty Avenue to the loop are this way, and it is quicker and easier to get to the St. Paul loop than that of Minneapolis'. He asked that the City Manager talk to the Minnesota Highway Department. Mayor Kirkham said that he was not sure the semaphores were meant to be coordinated, but that it would be laoked into. RONALD McCLAIN: ALLEY BETWEEN 2ND STREET AND MAIN STREET Mr. McClain asked what the current status of the vacation of the alley was at this point. The Crty Manager said that all but four letters have been returned, and a11 were in favor so far. It is planned for the Suly 7th Agenda � as an item. He hoped that by that time there should be 100o return of the letters. When all the letters are returned, there will have to be an official Public Hearing on this as that is a legal requirement. Councilman Liebl added that the Council is very appreciative of all the time Mr. McClain has taken to effect this action. ORDINANCE #422 - AN ORDINANCE UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE UTILITY EASEMENTS• (Lots 7& 8, Block l, City View Addition) MOTION by Councilman Harris to adopt Ordinance #422 on second readinq, waive the reading and order publication. Seconded by Councilman Samuelson. Upon a roll ca11 vote, Kirkham, Liebl, Harris, and Samuelson voting aye, Mayor Kirkham declared the motion carried. ORDINANCE #423 - AN ORDINANCE AMENDING CFIAPTER 32 OF THE CITY CODE PERTAINING TO FIRE PREVENTION AND PROVIDING FOR THE ESTABLISHMENT OF FIRE LANES IN CERTAIN AREAS OF THE CITY: MOTION by Councilman Liebl to adopt Ordinance #423 on second reading, waive the reading and order publication. Seconded by Councilman Harris. Upon a roll call vote, Samuelson, Kirkham, Liebl, and Harris voting aye, Mayor Kirkham declared the motion carried. PIRST READING OF AN ORDINANCE FOR VACATION (SAV #67-D4) OF TWO ALLEYS IN BLOCK 8� ONAWAY ADDITION: REQUESTED BY HAROLD W. HARRIS: , MOTION by Councilman Harris to approve the Ordinance on first reading and waive the reading. Seconded by Councilman Liebl. Upon a roll ca11 vote, Harris, Samuelson, Kirkham and Lieb1 �oting aye, Mayor Kirkham declared the motion carried. � � 1 REGULAR COUNCIL MEETING OF JUNE 16� 1969 PAGE 3 CONSIDERATION OE A REQUEST FOR FOUNDATION PERMIT FOR AN ADDITION TO THE BUILDING TO BE USED AS A WAREHOUSE, 6400 CENTRAL AVENUE, BY HARRIS MOVERS: The City Engineer explained that this request is to add onto an existing building �ust south of Sandees Restaurant on Central Avenue The building is going to be used for storage space. They are moving from Columbia Heights and would like to start construction as soon as possible. If the Council wishes to approve the foundation permit, he suggested that it be only to grade level, and a 30 day time limit to allow time for the subcommittee to approve the plans. MOTION by Councilman Harris to concur wrth the recommendations of the City Engineer, and also require that an estimated REC charge be paid at the time they pick up the �oundation permit. Seconded by Councilman Samuelson. The City Engineer pointed out that it is hard to determine the amount of REC charges to be placed before the plumbing plans are in. Councilman Harris advised that an estimate be made, and the exact figure could be arrived at, after the plumba.ng plans are supplied. Councilman Liebl asked if the Building Standards - Design Control Subcommittee has seen any of the plans. Mayor Kirkham answered that they have not met yet, and that the application is for a foundation permit only. Harris Movers must understand that to proceed in this way, they are assuming some risk. THE VOTE upon the motion, being a voice vote, all voting aye, Mayor Kirkham declared the motion carried. CONSIDERATION OF A REpOEST FOR FOUNDATION PERMIT BY PLYWOOD MINNESOTA: The Crty Engineer explained that the plans have already been approved by the Building Standards - Design Control Subcommittee and the Council, however, a full permit cannot be given as they have not submitted their mechanical and electrical plans as yet. He said that he would suggest giving them a 30 day foundation permit with the understanding that they are proceeding at their own risk. MOTION by Councilman Liebl to grant Plywood Minnesota a foundation permit for 30 days with the understanding that they are proceeding at their own risk, and requiring an estimated REC charge be paid when the foundation permit is given. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. CONSIDERATION OF A REQUEST FOR A FOUNDATION PERMIT FOR FRIDLEY AUTO BODY The City Engineer explained that this building is on Lot 2, 7ust west of the Telephone building on Osborne Road. He suggested that there be at least a 10' side yard setback on the west property line, and a 30 day permit if approved. Councilman Samuelson asked about a sidewalk requirement. The City Engineer said that that can be taken care of when the full permit is applied for. MOTION by Councilman Samuelson to grant a 30 day foundation permit for Fridley Auto Body with at least a 10' side yard set back on the west property line, with esta.mated REC charges to be paid when the foundation permit is obtained. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried ";� �I' �� � REGULAR COUNCIL MEETING OF JUN� 16� 1969 PAGE 4 RECEIVING THE MINUTES OF THE PLANNING COMI�4ISSION MEETING OF .7UNE ll, 1969: , 1. PROPOSED PRELIMINARY PLAT P.S. $69-08, MARION'S TERRACE, BY HOWARD CRABTREE: Lot 8, Block 2, Riverwood Manor MOTION by Councilman Harris to set the Public Hearing for the Preliminary Plat Marion's Terrace for July 14, 1969. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. Councilman Samuelson asked if there were any problems with thzs plat. The City Engineer said that there was the same problem as wrth Veit's Addition in that there is not public access provided. The plat has been divided into four lots, two of which are proposed to be served by a private easement. Whether or not these lots should be served by a public road with a cul-de-sac will be the Council's decision. Councilman Samuelson said that he had recezved a letter from Mr. A1Zan I. Rolland, 3458 Irving Avenue North, Minneapolis, stating that he wishes to start construction on a home on Lot 2 of the proposed plat. The City Engineer pointed out that more right of way may be needed if there is to be a cul-de-sac required, which may af£ect the set back. Councilman Samuelson saad that as it was pointed out before, mortgage money is extremely difficult to obtain, especially iE there zs not public access. He asked if the cul-de-sac were to be put in, would there be adequate land to meet the City standards. The City Engineer suggested requiring a 45' front yard set back, then the roadway could ' be made wider if necessary. Councilman Samuelson agreed, since Mr. Rolland would be taking a chance on building before the platting is completed. He said that Mr, Rolland has to be out of his home by June 24th, and his request is somewhat premature, however, if it is to be allowed, he would agree with the 45' front yard setback and the understanding that the Crty of Fridley would not be tied to any responsibility in the event the plat was not a�proved for some reason Councilman Liebl pointed out that there was nothing in the Planning Commission Minutes about an increase in setback. The City Engineer said that the setback requirements are controlled by the City Code, if the easement is changed to a public 40' roadway. Councilman Samuelson also suggested that the staking be done be a registered surveyor and a certificate of survey be required. MOTION by Councilman Liebl to receive the communication from Mr. Al1an I. Rolland dated June 13, 1969. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. MOTION by Councilman Samuelson to grant the building permit on Lot 2 of the proposed Marion's Terrace plat, with a 45' £ront yard setback, with the under- standing that granting the building permit does not tie the City to any res- ponsibility should the platting not be approved, or should prove incompatible with his plan, and that he provide a certificate of survey. Seconded by Council- man Harris Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. 2. REQUEST FOR A SPECIAL USE PERMIT FOR CONSTRUCTION OF A TWO FAMILY DWELLING ' IN R-1 ZONING� Lot 3, Slock 4, Ostman's Addition by Roger L. Peterson. (Referred to Planning Commission by Council June 2, 1969) MOTION by Councilman Samuelson to set the Public Hearing for consideration of a special use permit for Roger L. Peterson for July 14, 1969. Seconded by Li_ i- � REGULAR COUNCIL MEETING OF JUNE 16, 1969 PAGE 5 ' Councilman Liebl Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. 3. CONTINUED REZONING REQUEST: ZOA #69-D6, ELDON SCHMEDEKE: Lots 16 through 19, Block 12, and Lot 30, Block 21, Hyde Park Addition. Rezone from R-2 to C-2. MOTION by Councilman Liebl to receive the information forwarded by the Planning Commission on this item. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. 4. VACATION OF HORIZON DRIVE EAST OF THIRD STREET: SAV #69-04, CITY OF FRIDLEY: 5100 and 5101 Horizon Drive (Lot 2, B1ock 9, and Lot 7, Block 4, Carlson's Summit Manor South Addition) The City Engineer explained that this portion of the street is no longer in use. There are two apartment houses on Third Street that do not have adequate parking and the vacated 60' right of way could be used by the two apartments as a parking lot. The City should however, retain the utility easements and an easement for completion of a walk-way from Third Street to T.H. # 47. He suggested that the City pay approximately $400 for the improvement of the walk- way, and the apartment houses pay about $1600 for the improvement of their parking lots. The Council action necessary at this time is to set the Public Hearing date. � (COUNCII,MAN SHERIDAN ARRIVED AT 8:30 P.M.) Councilman Liebl pointed out that previously the City wanted a pedestrian bridge, and asked how much would be retained. The City Engineer said that all the right of way would be retained, but the apartment houses would be allowed to use the area as a parking lot to get the cars off the street. The City Attorney advised that if the Council wishes to vacate the street, that qurt claim deeds be provided for the walk-way and the utility easements. He asked when Third Street was constructed, if part of their parking lot was removed, or were they parking in the right of way. The City Engineer said that they were parking in some of the right of way. The City Attorney said that the City cannot compensate them for taking parking space in the right of way. A lady in the audience said that they never had a parking 1ot, they always parked in the street. The City Attorney said that there is the problem of spending public money for the improvement of a parking lot. Councilman Lieb1 said that the City must retain enough right of way for the possible pedestrian bridge, and that he would ob�ect to the City payinq these people for parking facilities. Councilman Samuelson asked for a legal review of the situation before the Public Hearing. MOTION by Councilman Liebl to set the Public Hearing on the vacation o£ a portion of Horizon Drive east of Third Street for ,7uly 14, 1969. Seconded by Councilman � Harris. Upon a voice vote, all voting aye,Mayor Kirkham declared the motion carried unanimously. The City Engineer asked if the City could give the permission to use the land for parking now, as the contractor is in the area, and if it is not done now, it could drag on for another six months Councilman Liebl asked if they were � `�� REGULAR COUNCIL M�ETING OF JUNE 16, 1969 PAGE 6 asking that the City pay for some of the parking lot. The City Engineer said ' that the apartment owners will have to pay for it. Councilman Liebl felt that this could not be allowed until the legal procedure is gone through. The City Attorney said that the work could be done now, but the City cannot spend public funds on the improvement. The proper procedure would be to have the Public Hearing first, then they can fix their own parking lots. MOTION by Councilman Harris to receive the Minutes of the Planning Commission Meeting of June 11, 1969. Seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously. RESOLOTION #88-1969 - RESOLUTION ORDERING IMPROVEMENT AND FINAL PLANS AND SPECIFICATIONS AND ESTIMATES OF COSTS THEREOF� STREET IMPROVEMENT PROJECT ST. 1969-3, ADDENDUM #l: Councilman Sheridan reported that he had had some conversation with the people in Donnays Lakeview Manor Addition about their concern with the unprovement going in in the Adams Street Addition. He asked, if it was in order, for the Chair to recognize the speaker for the delegation here tonight. Mr. Richard Har�u, 515 57th Avenue N.E. speaking for the residents on 57th Avenue and Madison Street, explained that in the consideration of the extention of the streets in Adams Street Addition, they would like to ask that considera- tion be given them, as there is a rear easement along the back of their 1ots, and they would like some assurance that the boulevard would be so constructed ' so that their fences and shrubs could remain intact. They would also request consideration on the matter of assessments, and that they be fair, in that they feel that their benefit would be nil. Councilman Sheridan asked how much right of way the City had on these streets. The City Engineer said that there was 60' on Washington Street, which would present no problem. On Jefferson Street the right of way is 30' and on the street on the south of the plat the� is a 30' and 40' right of way. He recommended a 24' street, 7ust enough for two way traffic, with no parking on the street. This would result in a 3' boulevard on each side of the street. Councilman Sheridan said that this 3' is less than the normal and desired width, and asked if it would be adequate for snow storage. The City Engineer said that another possibility would be to off-set the street with a 5' boulevard on the east side of Jefferson Street and a one foot boulevard on the west side. He pointed out that a 26' street is the minimum recommended. Mr. Carl Paulson ask�d if the alley were going to be vacated. Councilman Sheridan answered that there has been no request to vacate the alley. Mr Paulson said that if it were, the street could be wider Mr. R.W. Erickson, 565 57th Avenue N.E. said that the solution proposed by the City Engineer sounded like the best solution and asked if the off-set would also apply to the street on the south side of Adams Street Addition. The City Engineer said yes, if the resolution is passed, he wc�uld recommend both streets being off-set. Mr. Erickson said that he was also worried about his shrubbery. Councilman Sheridan said thank you to the delegation for coming to � the Council PAeeting and making their presentation. Mr. Erickson said thank you for hearing them, and giving them this consideration. MOTION by Councilman Sheridan to adopt Resolution ,�88-1969, with the plans and specifications to be drawn for Sefferson Street and the street on the south side REGULAR COUNCIL MEETING OF JUNE 16, 1969 PAGE 7 � of Adams Street Addition to be drawn to include the street off-set within the right of way. Seconded by Councilman Harris. Upon a voice vote, a11 voting aye, Mayor Kirkham deolared the motion carried unanimously. CONSIDERATION OF SECOND READING OF AN ORDINANCL^' FOR REZONING REQU�ST ZOA #69-03 TO REZONE FROM R-3, C-2S, AND M-1 TO R-3A: S E. Corner of 79th Way and �ast River Road, request by N. Craig Johnson Councilman Samuelson said that inasmuch as the requested legal opinion was only received tonight, he would suggest tabling this Ordinance consideration to the Meeting of Ju1y 7th. MOTION by Councilman Samuelson to table the consideration of the second reading of the rezoning Ordinance requested by N.Craig Johnson to July 7, 1969. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. HOSPITALIZATION INSORANCE Councilman Harris asked if these cost fiqures for life insurance were based on $10,000 across the board. The Finance Director said that they were based on an employee's base salary, with a maximum of $10,000. It would cost about $60 more for the other plan. Councilman Sheridan asked if the $10,000 would be the maximum. The Finance DLxector said yes, and added that with the minunum � of $5,000, it would cost the City about $60 more and that the committee did not feel strongly one way or the other, the reason they recommended the life insurance equal to the base salary was that rt would be cheaper. Councilman Harris felt that the City did have some responsibility to the employees, and the employees earninq under $5,000 would not be getting sufficient coverage. Seasonal workers and those in the lower brackets would be no better off than they were with the old policy. The Einance Director said that he was sure that the committee would be happy with the $5,OQ0 -$10,�00 split, and the only reason they recommended the other plan was to keep the costs down. Councilman Harrzs said that it would be unfair to eliminate people at the lower end of the scale. Councilman Sheridan suggested a$5,000 m�.nimum and a$1D,000 maximum could be used. The Finance Direotos asked if the rest of the Council felt that the insurance should be at $5,000 minimum and $10,000 maxunum, with the insurance based on the base salary between the two extremes. Councilman Harris felt that this would not cost too much more, when considering the cost of the total package. MOTION by Councilman Harris to initiate the plan for the life insurance wrth a$5,000 minimum and a$10,000 maximum with the insurance based on an em- ployee's base salary between the two figures. Seconded bI Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. Councilman Liebl asked if it wexe certain that the City did not have to go out for open bids. The City Attorney said that it is not required Councilman Liebl , commented that the reason the City went out for open Uids last year was to obtain the lowest premiums possible, with the best coverage. The Crty Manager pointed out that the committee recommended a continued two year plan. Mayox Kirkham added that the City never went out for bids before last year. The Ca.ty Manager said that if a one year extention was agreed upon, there would then be no necessity to go out for bids. The Finance Director said that one �� � REGULAR COUNCIL MEP�TING OF JUNE 16� 1969 PAGE 8 reason the committee recommended the extention of the present plan is that it � does cost money to go out for open bids, �ahen you include the Administrative costs and the advertisement etc. He said that he was sure that if the Council chose to continue the plan for one year rather than two, the committee would not be too unhappy. They would rather do that than have to start over agaxn with bidding. The City Attorney explained in answer to Councilman Lieb1's questions about going out for bids, that it was not a requirement to go out £or bids, but if the City did, they would have to accept the lowest bidder which meets the specifications-. Councilman Liebl said that Mr. John F, Brask, Consultant has said that there would be a 50-50% probabilrty that if the bidding were open to many companies, the bids may come in from 5o to 15a lower. He added that he thought that this as a better plan than last year. MOTION by Councilman Harris to adopt the one year plan for the City employee's insurance with the present carrier. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unani- mously. The Pinance Director asked if that included the committee's recommendation for a lowered deductible from $100 to $SD, and the major medical raised from $10,000 to $25,000. The Council agreed this was their intention. CONSIDERATION OP 61ST AVENUE AND UNIVERSITY AVENUE SERUICE LANE� SFffiLL OIL AND � CHURCH OF ST WILLIAM Councilman Sheridan reported that he had met with St. William's Church about a week ago and this was discussed and as a result Reverend Keefe was authorized to write this letter to the Council. He said that he believed that it was within the structure of what was discussed. Councilman Harris question #4 of the letter concerning reimbursement by the State of Minnesota for the taking of their land, Councilman Sheridan said that Bob Kurpius, District #5 Traffic Engineer had indicated in their discussion that the State of P4innesota has at different times made a reimbursement for the taking of land, such as in thzs case. They are requestin9 the Crty of Fridley to request reimbursement from the State of Minnesota for ihem. Councilman Samuelson asked what if the State of Minnesota refuses. Councilman Sheridan said that they may, but the Church understands this. MOTION by Councilman Sheridan to receive the communication from the Church of St William dated Sune 9, 1969. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. The City Engineer asked if it was the Council's feeling to also concur with Shell Oi1's proposal. Councilman Harris felt that the Council should not be bound be the estimated figure of $23,250. The City Engineer said that he would be coming back with final costs anyhow, and if the Council wishes, these could ' be gathered before the next Council Meeting. Councilman Harris asked that the figures they are pro7ecting be broken down. The City Engineer said that they have submitted a complete break down of the figure. Councilman Samuelson asked if the City would be paying in any way for the remodeling. The City Engineer said no, �ust the difference between the remodeling and the relocation. '/ REGULAR COUNCIL MEETING OF JUNE 16, 1969 PAG� 9 � MOTION by Councilman Harris to request the City Engineer to continue working toward the loop back, and to gather together all the figures, including the break down and bring back for the Council Meeting of July 7, 1969. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously_ RECEIVING THE MINUTES OF THE BOARD OF APPEALS MEETING OF JUNE 4, 1969 MOTION by Councilman Harris to receive the Minutes of the Board of Appeals Meeting of Sune 4, 1969. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously CONSIDERATION OF COMMUNICATION FROM THE OFFICE OF EMERGENCY PREPAREDNESS REGARDING OUR APPEAL TO OUR CLAIM UNDER PUBLIC LAW 875: (1965 Disaster) The City Attorney advised that the bill could either be paid without further appeal, or the Council could wait for them to take legal action. He advised waiting. MOTION by Councilman Liebl to xeceive the communication from the Department of the Army, Office of the Ad7utant General dated May 19, 1969 with the accom- panya.ng letter from the Office of Emergency Preparedness dated May 15, 1969. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared th� motion carried unanimously. � AppROVAL O,� RENT;�L 11GREEMENT �OR ACCOUNTING MZICI3INE. The Finance Director explained that the present machine is l2 years old and there have been break-downs, and rt is worn out. His recommendation is to go into a conventional accounting machine with computing capability. This machine would do everything the machine now in use does, plus other features. He said that he would recommend going into a straight monthly rental agreement, so the City would not be obligated, then in the future it could be purchased through a lease purchase agreement, if c3esired. Councilman Harris agreed that something should be done. He said that he would also agree that there should not be an outright purchase made, as very rapid strides are being made in the field of computers and it may be outdated within three years or so. Councilman Harris asked about the trade in of $1500. The Finance Director said that this was for the Burroughs machine, which he did not recommend. He said that rt was a very good machine, but it had £eatures that the City would not need. They offered $1500 in trade in but he felt that $1500 or more could be received through outright sale of the machine, should the City choose to do so. If it could not be sold, rt could be retained for emergencies. MOTION by Councilman Harris to concur with the recommendation of the Finance Director and ente�' into an agreement with National Cash Register Company for rental of an accounting machine at $525 per month Seconded by Councilman Liebl. Upon a voa.ce vote� all voting aye, Mayor Kirkham declared the motion carried � unanimously. Councilman Harris asked when it would arrive and be operable. The Finance Director said in about three months. He added that it will work especially well for the calculation of payrolls. The City will be spending less this year than allowed in the budget £or �his item. .�� �' REGULAR COUNCIL MEETING OF JON� 16� 1969 PAGE 10 DISCUSSION REGARDING ACTUARIAL VALUATION OF FRIDLEY POLICE PENSION ASSOCIATION ' The City Manager explained that his recommendation would be that a letter be directed to the Fridley Police Pension Association asking them to submit their plans for retiring the deficit of the pension fund, and also that a Police Pension Council Advisory Commrttee of five members be appointed by the City Council to study waps and means of retiring the deficit. The committee would act as an intermediary between the Council and the Police Pension Association. Councilman Liebl asked if he was correct in his understanding that the deficit would not be made up until 1997, and that payment would have to be made so much per year. The City Manager said yes. Councilman Samuelson asked when this was started. The City Manager said in 1967. Counca.lman Harris commented that he thought the City Manager's suggestion was a good one. MOTION by Councilman Harris to authorzze Mayor Kirkham to appoint a committee of five members to study ways and means of retiring the defica.t in the Police Pension fund, and make their recommendations to the Council. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. �OFF LICENSE TO CHINESE VILLAGE� INC.: Mr. Harold L. Knutson, Attorney for Mr. and Mrs. Harlow Johnson, wds present to appeal the Council decision in refusing their requested la.censes. He ' explained the decor of the Chinese Village and said that the south portion has stools and booths for lunches and the north portion and the downstairs are dining areas. Their request is for serving beer and set ups in the dining areas. They plan to keep the establishment primarily a restaurant, but would like to appeal to the late dining crowd, such as 8:00 P.M. and later, most of which would like to have a drink with their meals. They do not have in mind a tavern type of business, but more of a supper club. There would be no tap beer, only bottle beer. He then presented a diagram of the establishment and commented that the Sohnsons do not cater to the 7uvenile crowd. Councilman Harris said that he would have no ob7ection to their requests in so far as it applies to the back dining room and the banquet room downstairs, but he would ob7ect to serving beer at the booths and the stools in the south portion of the restaurant Mr. Knutson said that the only people that sit at the booths and stools are workmen coming in for a quick lunch. They do not plan on serving beer at the stools. Mr. Knutson asked if the Council also felt that set ups should not be served in the south part of the restaurant. Councilman Harris said that is correct. He said that he felt that if someone wanted a beer with his meal, then he should go into the dining room. Mr. Sohnson said that on Friday and Saturday nights sometimes they are com- pletely filled up, and people have to wait for room in the dining room at the stools. Mrs. Johnson added that the Rice Bowl has bottle beer and set ups and it is still a family oriented trade. Councilman Harris said that it would be ' qurte feasible to have a 7uvenile sitting next to an adult drinking a beer at the stools Mrs. Johnson said that the Chief of Police has said that no minors are to be allowed unless accompanied by an adult. MOSION by Councilman Harris to grant the Tavern, Public Drinking Place, and On/Off Sale Licenses to Mr. & Mrs. Johnson for the Chinese Village solely for the north dining room and the basement banquet room. Seconded by Councilman � � �I REGULAR COUNCIL MEETING OF JUNE 16, 1969 PAGE 11 Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. The City Engineer said that there is sone striping needed in the parking lot and suggested that possibly now is the time to get this done. Councilman Harris asked if the Johnsons would agree to stripe the parking lot. Mr Johnson said that their parking lot is south of the restaurant and only part of it is blacktopped, but they will stripe that parti which is blacktopped. Councilman Harris asked Mr. & Mrs. Johnson to come into the office to see the Crty Engineer about this. CONSIDERATION OF THE STUDY OF EAST RIVER ROAD SAFETY IMPROVEMENTS AND RECEIVING THE MINUTES OF THE ANOKA COUNTY TRANSPORTATION LAND USE COMMITTEE MEETING OF MAY 23, 1969• MOTION by Councilman Liebl to receive the Minutes of the Transportation and Land Use Committee Meeting of May 23, 1969. Seconded by Councilman Harris for discussion. Councilman Harris asked if the City would be preparing anything as far as Engineering studies go. The City Engineer answered that the county is going to make a study from I. 694 to Rice Creek with the use of consultants to get an overall plan for any additional right of way and any other improvements needed. When the plans are completed, they will be coming to the City of Fridley with their requests and the City will have �o do some improvements with the side roads mentioned. Councilman Liebl pointed out Item �3 and #5 and felt that when some decision is reached, the people should be informed through an in- formal Public Hearing of the anticipated action of the Council. Councilman Harris agreed with this idea. Councilman Lieb1 said that some people have ob7ected rather strenuously to the condemnations. Councilman Harris said that these people could be assured that they will be asked to come in when there is a plan ready for their participation in any discussions held. Councilman Liebl said that he would li�e to see a semaphore at 61st Way. He said that since the speed limit was reduced to 40 MPH on East River Road, there has been no appreciable difference in the speed drivers drive at, they still speed. The only thing that slows them down is the semaphore at Mississippi Way. He suggested that the Police Department patrol East River Road more closely. Councilman Sheridan said that as the minutes indicate, they are studying �ast River Road between I. 694 and Rice Creek and this would be perhaps step one of many phases of tihe overall plan. He said that he felt that rt was a step in the right direction. The City Engineer agreed, and commented that as money becomes available, the �ob will be done in sections The 7ob has to be started somewhere. A portion of East River Road south of I. 694 is �ust now being completed, and the portion discussed in the minutes would be the second phase. THE VOTE upon the motion, being a voice vote, there being no nays, Mayor Kirkham declared the motion carxied unanimously CONSIDERATION OF APPROVAL OF REGISTERED LAND SURVEY - PILISTER GEORGETOWN APARTMENTS: The Crty Engineer explained that Mr. Filister is requestinq approval of a Registered Land Survey to split his tract into three parcels. Each parcel is ;pk� REGULAR COUNCIL MEETING OF JUNE 16� 1969 PAGE 12 being financed by a separate compang, this is why the split is needed. The � county has recommended three siqnals, one of whiah is to be at the entrance of the Georgetown Apartments. He has discussed getting the traffic pattern in north of the complex with Mr. Filister, and he did place his garages as requested by the City Council. Mr. Filister is in somewhat of a hurry because of the financing and would like to bypass some of the legal requirements of going to the Plats and Subdivisions - Streets and Utilities Subcommittee and the Planning Commission and get approval from the Council. Councilman Liebl said that the semaphore has to be lined up to aocommodate the industries on the east side of East River Road also. The City Engineer agreed that they will serve the industries on the east also. He said that the City would need a dedication from Mr. Filister for the road to the north of his complex to tie into Anna Avenue. The road will not go through the George- town complex. MOTION by Councilman Harris to approve the Registered Land Survey requested by Mr. Filister sub7ect to acquiring a dedication for a road to the north of his complex to tie into Anna Avenue. Seconded by Councilman Samuelson. Councilman Sheridan asked wnat could be done about eliminating these types of requests. For the last 10 - 15 years platting has been required. He said that he did not agree wrth registered land surveys. The City Engineer commented that Great Northern Railway Company, who had insisted that they wanted a registered land survey, has now decided that they will plat instead. The City , Attorney suggested that if the Council desires, an Ordinance could be drawn up whereby platting is required and registered land surveys are not acceptable. He asked if P4r, Filister is requesting a registered land survey rather than platting because of the time element. The Crty Manager said yes, and that the Finance Director's office has said that they would have difficulty in breaking down assessments on the platting. Councilman Samuelson agreed that land should be platted, so that a block can be broken down into lots easily. This makes doing business wrth the mortgage companies go more smoothly Councilman Sheridan said that as the Council has had a policy, that maybe this should be put into an Ordinance form. Perhaps rt could be that one split is allowed, but if there is another split requested, that then the land would have to be platted. This would make thzngs easier for the City, County and the State. The City Attorney said that he would check with the Registrar of Deeds and will try to get a memorandum to the Council as to what requirements the County is putting on registered land surveys and what latitude the Council can put on them Councilman Harris agreed with Councilman Sheridan on his suggestion. Councilman Sheridan said that Mr. Filister has never appeared before the Council when he was not in a hurry, and wanted to bypass some legal requirement to speed things up. Councilman Samuelson asked if all the parcels will have public access. The Ca.ty Engineer said yes, when the street goes through THE VOTE upon the motion, being a voice vote, all voting aye, Mayor I:arkham declared the motion carried unanimously , RECEIVING COMMUNICATION FROM STATE OF PIINNESOTA AND CONSIDERATION OF HYDE PARK REZONING STUDY IN RLILATION TO THE TRAFFIC PATTERN MOTION by Councilman Harris to receive the communication from the State of Minnesota, Distra.ct Engineer dated June 9, 1969. Seconded by Councilman f- I REGULAR COUNCIL MEETING OF JUNE 16, 1969 PAG� 13 � Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. Councilman Liebl asked the City Manager what was his recommendation. The City Manager replied that he had a call from Mr. Schmedeke and he wanted the cost of the slip off ramp determined before the Ordinance reading. The City Manager said that the City Engineer can get the costs together and the study worked up prior to the Meeting on July 7th. The Ordinance can also be started on. Councilman Liebl asked if the Council can go ahead wrth the access pattern without the rezoning being accomplished first. The City Attorney replied that there is no legal restriction. An access can be put in regardless of the zoning. Councilman Liebl pointed out that with the Bob Schroer rezoning, he had to rezone first, then the access problems were worked out. Mayor Kirkham felt that this was not a policy matter, there has not been this type of a problem before. He said that he felt that it is important to give the people some figures. He said that he, personally was still in favor of the pro7ect, but would want the people to fully understand that there may be some costs involved, and did not want them to think that this is a windfall to them. Councilman Sheridan asked if the costs could be made available for the July 7th Meeting. The City Engineer and City Manager indicated that they would work on it. Councilman Liebl commented that he felt that everyone should bear the costs as everyone will be benefitting He said that he would like to know if the rezoning is going to go through. Councilman Sheridan pointed out that there would be no need of the access if the land was not rezoned. The work , toward the access should be done simultaneously with the rezoning. APPROVAL OF AGREEMENT FOR INTERCONNECTION OF WATER SYSTEMS FOR FIRE SAFETY BETWEEN CITY OF FRIDLEY AND MOUNDSVIEW. The City Engineer said that the Council has approved this previously, now the agreement has been drawn up. If the Council desires to go ahead with this, they should authorize the City Manager's and Mayor Kirkham's signatures. Councilman Samuelson asked if this plan was for water flow both ways. The City Engineer said yes� and would be �ust for fire protection. The cost of construction is estimated at $4,800 and the cost will be split between Moundsview and Fridley. The agreement includes a charge of 20P per 1000 gallons of water, with the charge to work both ways between the cities MOTION by Councilman Harris to approve entrance into the agreement with Mounds- view Seconded by Councilman Samuelson. Upon a voice vote, a11 voting aye, Mayor Kirkham declared the motion carried unanimously. RECEIVING THE PRELIMINARY ENGINEERING SURVEY TEAM R�PORTS FOR THE 1969 FLOOD DISASTER AND ORDERING TAE COMPLETION OF CORRECTIVE WORK The City Engineer explained that the $25,400 is for the general dike work, and the $43,200 is for work on the sanrtary sewer repairs. He said that the City is going to proceed with the work as authorized. There is no question that the costs in this report will not be reimbursed. � �IOTION by Councilman Harris to receive the engineering survey team damage reports dated May 27, 1969 and June 3, 1969. Seconded by Councilman Liebl. Upon a voice vote, all voting aye,Mayor Kirkham declared the motion carried unanimously. �� REGULAR COUNCIL MEETING OF JUNE 16, 1969 PAGE 14 RECEIVING COPMIUNICATION FROM THE DEPARTMENT OF THE ARMY REGARDING FLOOD � PROTECTION: MOTION by Councilman Harris to receive the communication from the Department of the Army, St. Paul District, Corps of Engineers dated June 5, 1969. Seconded by Councilman Liebl. Upon a voiae vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. CONSI➢ERATION OF ORDERING THE S�COND PHASE OF STREET LIGHSING PROGRAM FOR 1969: The City �ngineer reported that there are still 11 lights to be installed and there are nine requests included in the Agenda. Councilman Harris suggested adding the light he had mentioned before at the intersection of 73rd Avenue and the East Servioe Road of University Avenue, north of the Ice Arena. The City Engineer said that this could be added to the list. Mayor Kirkham said that he felt that there was a light needed in Commons Park near the north parking lot. , MOTION by Councilman Sheridan to concur with the list submitted by the City Engineer for the remaining street lights for the year 1969 with the additions suggested by Councilman Harris and Mayor Kirkham. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. APPROVAL OE ACQUISITION OF EASEMENT FROM DON HARSTAD� WATER AND SEWER PROJECT , #88: MOTION by Councilman Harris to concur with the Administration as outlined by the City Engineer's memorandum dated June 6, 1969, Number Misc. #69-21. Seconded by Councilman Samuelson. Upon a voice vote, a11 voting aye, Mayor Kirkham declared the motion carried unanimously. RESOLUTION #89-1969 - RESOLUTION ORDERING IMPROVEMENTS, APPROVAL OE PLANS AND ORDERING A➢VERTISEN�NT FOR BIDS: SANITARY SEWER PROJECT #91: The City Engineer explained that this was to serve the animal hospital and they only want the sanitary sewer put in, and they feel that they cannot wait. There will be a small lift station and line put in. She City would be doing this at their request. Councilman Sheridan said that the costs would be exhorbitant, and felt that they should send�a letter to the Crty saying that they concur with the charges before the work is done. - MOTION by Councilman Samuelson to adopt Resolution #89-1969, sub7ect to getting a written letter of concurrence from the applicants agreeing to the costs. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor xirkham declared the motion carried unanimously. RESOLUTION #90-1969 - RESOLOTION RECEIVING THE PRELIMINARY REPORT AND CALLING A PUBLIC HEARING ON THE MATTER OF THE CONSTRUCTION OF CERTAIN IMPROVEMENTS: ' STREET IMPROVEMENT PROJECT ST, 1970-1: �OTION by Counci]man Liebl to adopt Resolution #90-1969. Seconded by Council- man Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. �, _i REGULAR COUNCIL MEETING OF SUNE 16, 1969 PAGE 15 � RESOLUTION #91-1969 - RESOLUTION ORDERING IMPROVEM�NT, APPROVAL OF PLANS AND ADDING PROPOSED IMPROVEMENT OF STREETS ONTO THE EXISTING STREET IMPROVEML^'NT PROJECT 5T. 1969-1 & ST. 1969-2 (CHANGE ORDER #1) The City Engineer explained that this work has alxeady been authorized by the Council. The Change Order removes 7th Street from Mississippi Street to 68th Avenue and 68th Avenue from 7th Street to Rice Creek Terrace because of the storm sewer problems. At the Public Hearing, the people living on Long- fellow were told that it was to be a 36' street, but quite a few large trees would have to be xemoved, and he suggested that the street be cut down to 3Q' to save the trees, as trees are at a premium in the City of Fridley. Council- man Samuelson agreed, as rt is a dead end street anyhow. The residents on 79th Way had requested that State Aid be applied for to make it a heavier street The State Aid has turned down the City request, so the only al�er- native would be to take funds from the revolving State Fund to make a 40' street, or to make the street a regulation 36' street. Councilman Harris said that he would disagree, if the State Aid designation was turned down by the State, they must have had reason, as it did not meet their criteria, and it should also be turned down by the City. Councilman Samuelson asked if 79th Way would go all the way to Apex Lane. The Crty Engineer replied yes. MOTION by Councilman Sheridan to adopt Resolution #91-1969 with the Change Order #1, with Longfellow Street to be reduced from 36' to 30' and 79th Way to be a 36' street. Seconded by Councilman Harris. Upon a voice vote, all � voting aye, Mayor Kirkham declared the motion carried unanimously RESOLUTION #92-1969 - RESOLUTION DIRECTING PREPARATION OF ASSESSMENT ROLL FOR STREET IMPROVEMENT PROJECT ST. 1968-1A: MOTION by Councilman Liebl to adopt Resolution #92-1969. Seconded by Council- man Sheridan. Upon a voice vote, all vo�ing aye, Mayor Kirkham declared the motion carried unanimously. RESOLUTION #93-1969 - RESOLUTION DIRECTING PREPARATION OF ASSE5SMENT ROLL FOR STREET IMPROVEMENT PROJECT ST. 1968-2A: MOTION by Councilman Harris to adopt Resolution #93-1969. Seconded by Council- man Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unan�mously. RESOLUTION #94-1969 - RESOLUTION DIRECTING PUBLICATION OF HEARING ON PROPOSED ASSESSMENT ROLL FOR STREET IMPROVEMENT PROJECT N0. ST 1968-1A MOTION by Councilman Sheridan to adopt Resolution �94-1969. Seconded by Councilman Liebl. Upon a voice vote, all votitig aye, Mayor Kirkham declared the motion carried unanimously. RESOLUTION #95-1969 - RESOLUTION DIRECTING PUBLICATION OF HEARING ON PROPOSED ASSESSMENT ROLL FOR STREET IMPROVEMENT PROJECT NO. ST. 1968-2A: � MOTION by Councilman Sheridan to adopt Resolution �95-1969. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. � �� REGULAR COUNCIL MEETING OF JUNE 16, 1969 PAGE 16 RESOLUTION #96-1969 - RESOLUTION CORRECTING RESOLUTION NO. 83-1968 AUTHORIZING � AND DIRECTING THE SPLITTING OF SPECIAL ASSESSMENT5 ON PARCEL 900, PART OF LOTS 21 & 22, SLOCK l, OSTMAN'S 3RD ADDITSON (LATERAL CHARGES PLACED ON WRONG PARC�L). MOTION by Councilman Harris to adopt Resolution ,�96-1969. 5econded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RESOLUTION #97-1969 - RESOLOTION AUTHORIZING AND DIRECTING TAE SPLITTING OF SPECIAL ASSESSMENTS ON LOTS 16, BLOCK 3, FROM LOT 14 AND LOT 15� BLOCK 3, AND COMBINING LOT 16, BLOCK 3, WITH LOT 8, BLOCK 2, ALL IN ADAM'S STREET ADDITION: MOTION by Councilman Harris to adopt Resolution #97-1969. Seconded by Council- man Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RESOLUTION #98-1969 - RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSi1ENTS ON LOTS 7, 8, 9, 10, 11, AND 12� BLOCK 8, CITY VIEW ADDITION MOTION by Councilman Harris to adopt Resolution #98-1969. Seconded by Council- man Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. , RESOLUTION #99-1969 - RESOLUTION AUTHORIZING AND DIRECTING THE SPLITTING OF SPECIAL ASSESSMENTS ON LOTS 12 AND 13, BLOCK 8� CITY VTEW ADDITION: MOTION by Councilman Harris to adopt Resolution #99-1969. Seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously. RESOLUTION �100-1969 - RESOLUTION AUTHORIZING AND DIRECTING THE SPLISTING OF SPECIAL ASSESSMENTS ON LOTS 26, 27 & 28, BLOCK 2, INCLUDING W'� OF ALLEY VACATED 7-20-64 LYING ADJACENT THERETO. (SIIB,TECT TO DRAINAGE AND UTILITY EASEMENTS TO CITY OF FRIDLEY OVER VACATED ALLEY), OAK GROVE ADDITION: MOTION by Councilman Harris to adopt Resolution #100-1969. Seconded by Councilman Liebl. Upon a voice vote� a11 voting aye, Mayor Kirkham declared the motion carried unanimous].y. RESOLUTION #101-1969 - RESOLUTION AUTHORIZING AND DIRECTING THE SPLITTING OF SPECIAL ASSESSMENTS ON L6TS 15, l6, 17� 51, 52, 53 AND S'LY 15' 6F 54. BLOCK E, RIVL�RVIEW HEIGHTS ADDITION: MOTION by Councilman Harris to adopt Resolution #101-1969. 5econded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried umanimously. RESOLUTION #102-1969 - RCSOLUTION AUTHORIZING AND DIRECTING THE SPLITTING OF � SPECIAL ASSESSMENTS ON LOTS 7 AND 8, BLOCK 5� PARCEL 775� SPRING BROOK PARK ADDITION. MOTION by Councilman Harris to adopt Resolution #102-1969. Seconded by Council� man Lieb1. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanamously. REGULAR COUNCIL NIEETING OF JUNE 16� 1969 PAGE 17 � RESOLUTION #103-1969 - RESOLUTION AUTHORIZING AND DIRECTING THE SPLITTING OF SPECIAL ASSESSMENTS ON PARCEL 950, UNPLATTED SECTION 12: MOTION by Councilman Harris to adopt Resolution #103-1969. Seconded by Council- man Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RESOLUTION #104-1969 - RESOLUTION AUTAORIZING AND DIRECTING THE SPLITTING OF SPECIAL ASSESSMENTS ON LOTS 1 THROUGH 15 INCLUSIVELY (EXCEPT N. 20' OF S. 26' OF LOTS 4 AND 13), BLOCK 3, ADAM'S STREET ADDITION AND COMBINING THEM INTO REGISTERED LAND SURVEY #14 MOTION by Councilman Harris to adopt Resolution #104-1969. Seconded by Councilman Liebl. Upon a voice vote, there Ueing no nays, Mayor Kirkham declared the motion carried unanimously. RESOLUTION #105-1969 - RESOLUTION AUTHORIZING AND DIRECTING THE SPLITTING OF SPECIAL ASSESSMENTS ON PART OF LOT 1, PARCEL 640, AUDITOR'S SUBDIVISION #10 REVISED MOTION by Councilman Harris to adopt Resolution #105-1969. Seconded by Councilman Liebl. IIpon a voice vote, all voting aye, Mayor Kiskham declaxed the motion carried unanimously. , RESOLUTION #106-1969 - RESOLUTION AUTHORIZING AND ➢IRECTING THE SPLITTING AND COMBINING OF SPECIAL ASSESSMENTS ON PART OF LOT 10, PARCELS 2000, 2010, & 2020, AUDITOR'S SUBDIVISION #10 REVISED: MOTION by Councilman Harris to adopt Resolution #106-1969. Seconded by Counca.lman Liebl. Upon a voice vote, there being no nays, Alayor Kirkham declared the motion carried unanimously. RESOLUTION #107-1969 - RESOLUTION AUTHORIZING AND DIRECTING THP� SPLITTING AND COMBINING OF SPECIAL ASSESSMENTS ON PART OF LOTS 8 AND 9� PARCELS 300 AND 310, AUDITOR'S SUSDIVI5ION #1D3 REVISED: MOTION by Councilman Harris to adopt Resolution #107-1969. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayox Kirkham declared the motion carried unanimously. APPOINTMENT - BUILDING STANDARDS - DESIGN CONTROL SUBCOMMITTEE VACANCY: Tha.s item is to be brought back for the Meeting of Suly 7, 1969, as a person willing to serve has not yet been found. REQUEST FOR SIGN PERMIT - AULT, INC., 7500 UNIVERSITY AVENUE N.E.: MOTION by Councilman Harris to approve the sign permit request by Ault Inc., 7500 University Avenue N L�. Seconded by Councilman 5amuelson. Upon a voice � vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. CLAIMS: MOTION by Councilman Samuelson to appxove payment of General Claims #18259 through #18361 and Liquor Claims #3399 through #3437. Seconded by Councilman �� �,, REGULAR COUNCIL ML�ETING OF JUNE 16, 1969 Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously. PAGE 18 PETITION #23-1969 - PETITION TO OPEN AND GRADE THE ALLEY RIGHT OF WAY BETWEEN MAIN STREET AND 2ND STREET FROM 4560 UP TO AND INCLUDING 4544 2ND STREET N.E.: MOTION by Councilman Harris to receive Petition #23-1969 and refer to the Administration, £or review on possibility of opening the alley up and improving it. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. LICENSES: EXCAVATING Ven Hendrickson 4444 4th St. N.E. Minneapolis, Minnesota Waalen & Sabby 9082 Polk St. N.E. Minneapolis, Minnesota GENERAL CONSRACTORS Dalberg Builders 1121 80th Avenue �.E. Minneapolis, Minnesota Pools, Inc. 229 West 60th St. Minneapolis, Minnesota Statewide Contractors Inc 4221 Excelsior Blvd. �linneapolis, Minnesota MA50NRY Carroll Buzzell Brick & Cement 159 94th Avenue N.E. Minneapolis, Minnesota SIGN ERECTION Lawrence Sign Co. 945 Pierce Butler Route St. Paul, Nhnnesota Macey Sign Co., Inc. 451 Wilson St. N.E. Minneapolis, Minnesota I:lY Ven Hendrickson NEW Joshine Waalen RENEWAL Sam Dalberg James M. Day R.G. Foss RENEWAL RENEWAL NCW Carroll L. Buzzell NEW Geo. H. Lawrence RENEWAL A.M. Ruvelson RENEWAL APPROVED BY Plumbing Inspector Plumbing Inspector Building Inspector Building Inspector Building Inspector Building Inspector Building Inspector Building Inspector MOTION by Councilman Samuelson to approve the foregoing licenses Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. � � � , � REGULAR COUNCIL MEETING OF SUNE 16, 1969 RACING STOCK CARS. PAGE 19 The Crty Manager had pictures available for the Council Members to see as the result of the discussion on stock cars within the City in the Minutes of May 5, 1969. Shese cars were at 110 64th Way and the Police Department would like permission to have them removed. MOTION by Councilman Samuelson to concur with the Police Department and treat the cars as 7unk cars and have them removed. Seconded by Councilman Harris. The City Attorney suggested a written notice allowing them to remove them within a certain amount of time. The City Manager said that they will be given 10 days. THE VOTE upon the motion, being a voice vote, al1 voting aye, Mayor Kirkham declared the motion carried unanimously. Mayor Kirkham suggested obtaining a copy of Brooklyn Center`s Ordinance on �unk cars, as he had heard that it was very effective. ESTIMATES: Arcon Construction Company Mora, Minnesota Street Improvement Pro7ect St. 1969-1 PARTIAL Estimate #1 Street Improvement Pro�ect St. 1969-2 PARTIAL Estimate #1 Comstock and Davis, Inc. Consultinq Enga.neers 1446 County Road "J" 14inneapolis, Minnesota 55432 For the furnishing of resident inspection and resident supervision for the staking out of the construction work for Water Improvement Project #92 from May 5, 1969 through May 31, 1969 PARTIAL Estimate #3 Sanitary Sewer, Water and Storm Sewer Improvement Pro7ect #90 from May 5, 1969 through May 31, 1969 PARTIAL Estimate #Z Street Improvement Pro7ect St, 1969-1 from May 5, 1969 through May 31, 1969. PARTIAL Estimate k2 1 Ray Freeman, Sewer and Water 3448 South Coon Creek Dra.ve Anoka, Minnesota 55303 PARTIAL Estimate for 73rd Avenue right of way acquisition. Street Improvement Project St. 1969-2 $40,378.79 $22,189.65 $ 320.76 $ 2.526.92 $ 2,957.57 $ 593 00 r, � � 1 \ � i/� l REGULAR COUNCIL MEETING OF JUNE 16� 1969 (Estimates Continued) Weaver, Talle and Herrick 316 East Main Street Anoka, Minnesota 55303 Estimate for the month of May, 1969 for services rendered. PAGE 20 $ 2,402.37 MOTION by Councilman Liebl to approve payment of the foregoing estimates. Seconded by Councilman Samuelson. Lipon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. DISCUSSION REGARDING SPLIT LIQUOR LEGISLATION Mayor Kirkham commented now that the liquor legislation has gone through, the City wi11 be able to compare prices. and the question arises, do we lower our prices in order to compete. Councilman Liebl felt that most of the neighboring communities are holding at the same price level until they see what happens, and he thought that Fridley should do the same. The City Manager said, as he pointed out in his memo dated June 16, 1969, that the Liquor ➢epartment Manager had talked to other Liquor Department Managers and they are all sitting tight until they find out more about the tax increase, plus any changes in wholesale prices. They all felt that any action now would be premature, as we might well be going up in price instead of down. Councilman Liebl felt that this leqislation is going to hurt the small businesses. Mayor Kirkham commented that the City's biggest concern is remaining aompetitive. Councilman Sheridan felt that this should be left up to the City Manager and the Liquor Store Manager, that it is the�.r responsibility to run the business smoothly, and if there is a change in income, then the administration of the City liquor stores should be brought back for reconsideration: If the sales drop off, the overhead would sti11 remain the same. Coun,cilman Harris felt that the City of Fridley is not really competing with our neighboring communities. Each resident would go to their own liquor store, with the feeling that they were saving a few tax dollars, and the real competition will come from down- town Minneapolis, as it always has. The City Manager said that the sales will have to be watched very closely, and detect rapidly any drop-off of sales. Mr. Ole B7erkesett, A City employee working at Shorewood Lounge, said that the City has always had to compete with the City of Minneapolis, and he did not feel that this legislation would change anything as far as competition goes. Mayor Kirkham said that since the City has worked for split liquor for so long, and now that rt is finally passed, rt is time to take some action. We are allowed five on-sale licenses before the City has to get out of the liquor business entirely. He suggested that perhaps the first step would l�e to start drafting an Ordinance. Councilman Samuelson concurred, and felt that other communities are taking positive action, and we must do the same. He suggested a committee be established to research the various possibilities and study the other communities proposed Ordinances, then there would have to be a referendum before the community voters. Mayor Kirkham agreed and commented that the community that moves first will be the first to attract new investors. Councilman Harris said that he had testified before the Legislature on behalf of the Council and he thought that the bill was better than was originally hoped for. There are investors sitting back waiting to see who moves forward � ' � L, i I ,. REGULAR COUNCIL MEETING OF SUNE 16, 1969 PAG� 21 � first. The bill provides for strict restrictions, in that it does not pro- vide for a tavern type business. It has to be in con7unction with a supper club or hotels or motels or businesses of a related nature. He agreed with the suggestion of forming a criteria-type committee to draw an Ordinance soon. He said that he understood that there are a number of Ordinances being prepared, Coon Rapids and Brooklyn Center are working on one. Councilman Liebl asked if Coon Rapids had municipal on sale. Councilman Harris answered yes_ Councilman Liebl said that he had some questions of the Attorney General in regard to Senate File #271 which are as follows: "1. Will it be necessaxy to hold a referendum for each license or will a single referendum authorize the Council to issue all six? 2. Will rt be permissible to hold a public referendum to authorize five licenses with another referendum required before the sixth license is issued7 3. If the first license is issued, do we have to close our bars unmediately - in 30 days - in 60 days' How long after the license is issued do we have to close out our bar operations, or must they be closed before the private license takes effect� � 4. Will it be necessary for the Council to submit a Liquor Ordinance for approval as a part of the referendum or must the Council first approve an Ordinance regulating licenses before a referendum is sub- mitted to the voters?" Councilman Harris answered that his understanding was that there would have to be a referendum for the first five licenses, and another for the sixth. The City will have to get out of the liquor business, but only after the first license issued for a business actually goes into effect. The City would still operate until the effective date of the license. Councilman Liebl asked what about a small bar 7ust for a working man to stop in for a few drinks. Councilman Harris answered that under the bill, there cannot be 7ust a bar without eating facilities. Councilman Samuelson said that he believed that the Ordinance Brooklyn Center is drafting will set up criteria that there be a minimum of $125,000 establishment wrth a seating capacity of 100 or more. He added that if a committee is established and an Ordinance is drawn up for a referendum, he felt that the referendum should be by a special election rather than included in the general election to avoid polrtical over- tones. Councilman Samuelson asked if it was felt that prior to the referendum there should be a Public Hearing, or just publish the information. Councilman Sheridan said that both could be done. The people should be as well informed as possible. � Councilman Harris asked how the profits from the off sale and on sale compared. The City Manager said that he did not have the iigures, but they could be broken down and made available. Councilman Liebl felt that the voters last fall felt that they needed the sales from the liquor business to save the tax dollar, and they will need to be fully apprised of the possibilities that the �� N � REGULAR COUNCIL MEETING OF JUNE 16, 1969 PAGE 22 new bill could provide. Mayor Kirkham said that he did not think that anyone £eels that the City is going to eliminate the off sale business. He suggested that perhaps now is the time to consider other new locations for bottle stores. Mayor Kirkham said that he would like to authorize the City Manager and the Finance Director to do a feasibility study on the off sale business, a com- parison of off sale profits to on sale profits, and possible new sites for new bottle stores, The Liquor Store Manager would act as an advisor. MOTION by Councilman Samuelson to authorize the City Manager and the Finance Director to make a feasiUility study as outlined by Mayor Kirkham. The motion was seconded and upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. Mayor Ka.rkham said that the next problem would be to set some sort of criteria for qualifying for a license. Councilman Samuelson suggested a committee be formed made up of well versed people. He suggested that an accountant be included, as he would have an understanding of the financial problems. He suggested that Mayor Kirkham could appoint a committee, or each Council Member could submit a name. He also suggested that the 1ega1 staff could act as an advisory on the technicalities of the bill and drafting the Ordinance. Councilman Harris felt that a member of the Chamber of Commerce should be included and perhaps a member of the Fridley Industrial Development Commission, and someone from the Planning Commission. Councilman Shera.dan said that he really did not agree with the criteria set up be some of the communities in requiring $125,000 establishment. He felt that this would automatically eliminate some of the City's established busi- nesses that would otherwise qualify Councilman Samuelson agreed that this could be considered by the committee and that he would not like to see some of the Crty's businesses forced out. Councilman Harris pointed out that even if an Ordinance was drawn, certain portions could be waived, there are also certain land requirements. Councilman Liebl felt that the Ordinance should not be constructed so that everyone would not have an even chance. Councilman Harris said that the $50,000 -$75,000 derived from municipal on sale could easily be replaced if a quarter of a million dollar hotel were to be located in Fridley. Somewhere there has to be a minimum set. Councilman Sheradan wondered if rather than based on money, the criteria could not be based on square footage. Councilman Liebl said that he would like to see a place where an average man could go in and have a drink. These plans should not be just for the privileged. After some discussion it was agreed that there should be a nine man committee formed, with the Mayor to appoint five, and each Council Member to submit a name by Friday. It was hoped that the committee would have some preliminary recommendations ready for the Meeting of July 7th. MOTION by Councilman Harris to authorize Mayor Kirkham to appoint a nine man commrttee, five of his own choice, and each Council Member to submit a name by Friday. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. COMMUNICATIONS: A. FRIDLEY SOFTSALL ASSOC. CONCESSION AN➢ BEER PERMIT AT COMMONS PARK � � � � �� �� REGULAR COUNCIL MEETING OF JUNE 16, 1969 PAGE 23 MOTION by Councilman Samuelson to receive the communication from the Fridley Softball Association dated June 5� 1969 and grant permission. Seconded by Councilman Liebl. [Tpon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. B. JACK HENNUM: REpUESTING PERMISSION TO HOOK ONTO FRIDLEY SEWER SYSTEM Councilman Samuelson asked if the applicant was aware of the charges. The City Engineer said not as yet. MOTION by Councilman Samuelson to grant permission for Mr. Jack Hennum, 1473 Stinson Eoulevard N.W., New Brighton to hook up to the Fridley sewer system sub7ect to his being apprised of the costs involved. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. C. WATER E. SCHULTZ: REOUESTING EASEMENT FOR DRIVEWAY MOTION by Councilman Liebl to receive the communication from Mr. Walter E_ Schultz, 260 Longfellow Street N.E. dated June 9, 1969. The motion was seconded and upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. The City Manager reported that Mr. Schultz had called the county first, and ', they referred him to the City. He would like to put his driveway between two houses on a vacant 60' tax forfeit lot. The easement would be across Lot 29, Block 3, Spring Srook Park Addition. Councilman Sheridan said that if an easement were granted, this would leave only a 54' lot, which would be virtually useless. The City Attorney said that he did not think that the City of Fridley had the authority to grant an ease- ment across land it does not own. He agreed that this would make the lot unbuildable, and advised that the apola.cant should try to purchase the 1ot. Councilman Samuelson agreed that the City cannot grant an easement across land it does not control. MOTION by Councilman Sheridan to ask the Administration to advise Mr. Schultz that the easement cannot be given, and for him to try to purchase the tax forfeit lot. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanunously. D. CARL ROSTBERG: REGARI7ING CHANGING TEENAGE NIGHTS DURING SUMMER MONTHS Councilman Sheridan said that he had received tha.s letter from Mr. Carl Rostberg dated Sune 9, 1969 requesting a change in teenage nights. He would now like to change the teenage nights to Thursday and Friday rather than Friday and Saturday, during the summer months, and revert back to the original license when school starts in the fall. � MOTION by Councilman Harris to approve the request by Mr. Carl Rostberg (Casino Royale) for the change in teenage nights from Friday and Saturday to Thursday and Friday. Seconded by Councilman Liebl. Councilman Harris asked how he intended to advertise the nights to the general public. Councilman Sheridan said that he would recommend a sign outside the as �'+ � REGULAR COUNCIL MEETING OF JUNE 16, 1969 PAGE 24 buildzng in the window stating the nights and the age limits. Councilman Sheridan asked if the license would revert back automatically in the fall. The City Attorney said that he would have to have an amended license now, and another in the fall with the changes spelled out. Counoilman Samuelson asked what about the Administrative costs for the changes back and forth. The City Manager indicated the charges would be kept track of, as the City Attorney has indicated that the extra costs could be charged to him. MOTION AMENDED by Councilman Sheridan for a reasonable administrative charge to be made to cover the paper work involved, also to require no less than a 25 square foot sign to be displayed in the window spelling out the nights and age limits. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. THE VOTE UPON THE MOTION by Councilman Harris, being a voice vote, Harris, Samuelson, Sheridan nay, Mayor Kirkham declared the motion carried. ADSOURNMENT and amended by Councilman Sheridan, , Liebl voting aye, Kirkham voting MOTION by Councilman Harris to ad7ourn the Meeting. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the Regular Council Meeting of June 16, 196g ad�ourned at 11:30 P.M. Respectfully submitted, ��.��, � �CZ c/ Juel Mercer Secretary to the City Council �" � /� j �i i f ` � �.�, r �..—, c�l\ (y� , C-,� �Jack 0. Kirkham � Mayor 1 , ,