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09/15/1969 - 00019217i� _ ��w THE MINUTES OF THE RCGULAR COUNCIL MEETING OF SEPTEMBER 15� 1969 � Mayor Kirkham called the Regular Council Meeting of September 15, 1969 to order at 7 42 F.M. PLEDG� OF ALLEGIANCE: Mayor Kirkham lead the Council and audience in saying the Pledge of Allegiance to the Plag. INVOCATION: Reverend Bergren of the Redeemer Lutheran Church gave the Invocation. ROLL CALL: MEPQSERS PRESENT: Harris, Sheridan, Kirkham, Liebl MEMBERS ABSENT: Samuelson PRESENTATION OF AWARD Mayor Kirkham read the Certificate of Appreciation aloud, and presented it to Harold Jamison, President of the Fridley Lions Club for their donation of a � shelter in Locke Park. APPROVAL OF MINU^1ES OF THE REG�LAR COONCIL MEETING OF SEPTEMBER 2, 1969, MOTION by Councilman Liebl to adopt the Minutes of the Regular Council Meeting of September 2, 1969 as pxesented. Seconded by Councilman Sheridan. Upon a voice vote, a11 voting aye, Mayor Kirkham declared the motion carried. APPROVAL OF MINUTL'S OF THE SPECIAL PUBLIC HEARING MEETING OF SEPTEMBER 8, 1969: MOTION by Councilman FIarris to adopt the Minutes of the Special Public Hearing and Workshop Meeting of September 8, 1969 as presented. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. ADOPTION OF AGENDA Mayor Kirkham said that there were some additional items to add which were• A Beer and Food Establishment License for Food Farm, 6071 University Avenue N.E.; Consideration of Sidewalks near Parkview and Sr. High School; Authorization of Purchase of Additional Land for Dike; and Authorizing Signatures on Agreement with Joe Powers for Opening, Grading, and Removing Snow £rom Alley Between Main Street and 2nd Street From 4560 up to and Including 4544 2nd Street. MOTION by Councilman Liebl to �dopt the Agenda as amended. Seconded by Councilman ' Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the mota.on carried. VISITORS Mayor Kirkham asked if there was anyone present who wished to speak on any ztems not on the Agenda, with no response. a-� ,. , �r��� REGULAR COUNCIL MEETING OF SEPTEMSER 15, 1969 PAGE 2 � CONTINUED PUBLSC HEARING ON FINAL ASSESSMENT ROLL FOR STREET IP4PROVEMENT PROJECT ST. 1968-1B• (Continued from Meeting of September 8, 1969) Horizon Circle: Main Street to Horizon Drive Horizon Drive� 53rd Avenue to Interstate #694 Service Road Crown Road: Main Street to Horizon Drive Ventura Avenue: Main Street to Horizon Drive The City Manager explained that at the Meeting of September 8, 1969 when the Public Hearing was held for the assessment roll for 5t. 1968-1B, the Administration was directed to contact Suburban Engineering to check and see if anything was wrong with the figures. They found a reduction was possible and did in fact have the figures high. They have now been revised, so relief is in sight. The City Enga.neer added that the figures used last week were still estimates as the pro- �ect is not eomplete and the exact figures wexe not available. If it was delayed further, rt would have to be on next year's tax ro11s at a higher £igure Some of Suburban L'ngineering figures were estimated high, but now the pro�ect is further completed. The Crty Manager said that if the correct figuzes were not received now, but later, it still would have been pro-rated and the high cost not charged to the people. Mr. Dale Hamilton of Suburban Pngineering said that the revis�.on resulted in about a$3,0�0 reduction A member of the audience asked what the per foot cost was The Finance Director said that the new figure is $9.36 per foot. Mr. D.F Manthei, 5337 Horizon � Drive said that $8.18 was the figure quoted� what happened to that figure? He said that he had circula�ed a petition for the street improvement at $8.18, not at $9.36 or $10.50, and asked for an explanation. The ELnance Director said that the assessment roll was made up at $10.51 per foot, the revision would be $9.36 per foot. Neither of these figures would necessarily be the same as at the assessment h,earinq. Mr Manthei said that they were guaranteed that if they signed the petrtion, they would get the same prices as last year. A member of the audience said that at tne last meetinq, there was some bragging done about the enqineering estimate beinq higher than the actual cost, yet ours was low, why' The Finance Director said that the price quoted last year was an estimate as the �ob was not let. There was reason to believe that the estimate was fairly accurate at that time A member of the audience again asked why the engineering estimate was low in their case. The City Engineer said that the amount of work varies from �ob to 7ob. The type of construction, the type of fill, excavations, drainage necessary all affect the price. At the Public Hearing the Consulting Engineers did not make complete plans and specifications because that would cost too much, only estimated pr2ces were used, and are in no way guaranteed. A member of the audience asked if this was a time and material contract or an open contract. The City Engineer 5aid that it was bid by the �ob. He was then asked how the contractor knows how to bid the job if the Enqineer does not know the cost. The City Engineer said that the Consulting Engineers draw the exact plans and specifications a£ter the pxo�ect is ordered in. He said that as to the estimate, it can not be guaranteed, it is 7ust that, an estimate. � Mr. PIamilton explained that other public hearings were held in the middle of the wznter. When making an estimate, only average prices are used On Crown Road, Horizon Circle etc. there were some costs added in. The quantities were about right. In .7uly of 1968, $40,420 was quoted for Horizon Drive, Ventura Avenue and Crown Road. The Public Hearing for Horizon Circle gives an estimate of $9,960. This totals out to be $50,380. The construction cost was $40,051 84, _ _�, °,° ' t �-� REGULAR COUNCIL MEETING OF SEPTEP4BER 15� 1969 PAGE 3 then the engineering costs, contingencies, and interest are added on amounting ' to about $9,412 making a total of $49,463.84. According to these figures the cost was still below the engineering estimate. Councilman Liebl asked if these figures are £or three or four streets. Mr. Hamilton said that the $40,000 was for thxee streets. Because of the olose proximity of the streets they have to be lumped together. In compiling the quantities, all the streets were used. A resident of the area said that at the August Meeting in 1968 the statement was made that storm sewers were not needed, The City Engineer said that the fiqures were given with and without storm sewers. There was a need for some catch hasins and there had to be a storm sewer where Horizon Drive comes into Main Street. The dztch was eroding and the Highway Department filled rt. Thexe are two catch basins and a pipe draining into the ditch along the highway A m�mber of the audience said that this was not much of a storm sewer system £or a cost of $5,000. A member of the audience said that at the last meeting, someone asked if there was not a tape available of the Public Hearing, and asked to listen to it. Mayor Kirkham said that it is still available, but it has to be played on the same machine, and if this is done then the machine could not tape the pro- ceedings. He said that he is welcome to come into the City Manager's office during the day and listen to it. Mr. Stephen Szegda, 5385 Horizon Drive N.E., asked if there is an inspector � on the �ob. t+layor Kir]cham said that the Consulting Engineers inspect the 7ob. The Consulting Engineers are hired by the City, and when they are working on a pro�ect, they represent the City. Mr. Szegda said that he felt that the �ob was bad, and the sod of very poor quality. He asked why they should have to complain if there is a qualified inspector on the 7ob. Then the work should be done properly. Mr. William .Tensen of Suburban Engineering, said that the contractor has not been paid yet for the sodding �ob. The City Engineer said that Horzzon Drive was estimated at $10.51, the price has come down to $9.36 per foot. Mr. Manthei said that he flies for the Air Force and that he will get a Federal Attorney through the Air Force and told Mr. Hami7.ton that he will have to deal with him. Mayor Kirkham asked Mr. Hamilton if they felt now that these figures were firm Mr, Hamilton replied yes. A resident aqain asked about the tape and asked Mayor Kirkham if he did not feel that it should be made available. Mayor K�rkham said that it is available, but that the machine is needed now for this Meeting, and to come in some time other than the Council Meeting night. Councilman Liebl said that he would like to comment as the Third War-d Councilman. He said that at the last Meeting it was felt that the price of $10.51 was an outrageous assessment and the Council directed by motion that the figures be � checked again to see if there was anything wrong with these figures. Now it has come to light that there was an error made. Eor the three streets we had an estimated figure of $40,420 and this estimate was accepted and the Council told the City Engineer to proceed with going out for bids. There were figures given both with storm sewers and without. He said that he thought that the estimated F J �� �t REGULAR COUNCIL MEETING OF SEPTEMBER 15, 1969 PAGE 4 � $9,960 for Horizon Drive, and putting the four streets together is where the difference comes in. He said that he felt that the original estimate was not up to date as the contractor had to use more dirt, man power and base to get a decent �ob done. After the Public Hearing, there was a subsequent Meeting to make a decision on the discussion held at the Public Hearing The Council as a rule does not make a decision at the time of the Public Hearing as they would prefer to have a week to think it over and discuss various aspects. The City Engineer felt that for a price of about $5.18 per foot, there could not be any quarantees that the street would last as there would be water standing on the street which would cause the street to erode quickly. He said that he could not go along with putting in a poor street, and he felt that if the �ob was going to be done,it should be done zight, and this should eliminate the people coming back later and complaining about the street. Councilman Liebl said that as the residents know, the prices have been going up. Most of the work was done last fall and the rest this spring. He said that he thought that part of the problems with the sod was the weather, and part of rt was the contractor. He pointed out that the ma�ority of the people at the Public Hearing wanted the street. No one can guarantee an estimated figure. He said that he had also believed that the street could be done for between $8.00 and $9.00 per foot, but you still have to pay the Consultinq Engineers, interest rates etc. and now believes this $9.36 is an acceptable price and if there is still any blame to be laid, that he is moreto blame than the City Enqineer, who only did what he was directed by the Council to do. He was told that the storm sewer should be included in the pro7ect, and this he did. He wondered if it would be any help to have the � amounts checked out exactly as to 7ust how much black dirt was used, how many man hours, and how much base etc. was used. Mr. E. Olson, 5361 Horizon Drive N.E. said that he understood that what this boils down to is the additional costs for the construction of the storm sewer and asked if this was correct. Mayor Kirkham said yes, the storm sewer work that was done was a minimal system� and not the total packaqe. A member of the audience asked why the interest rate is 7;% now. The Finance Director said that the rate is 5g during construction foz the temporary bonds The City then has to se11 permanent bonds. The rate for permanent bonds is about 6 3/�o in all the surrounding municipalities. There has to be a slight di£ference between what is pa�d and what is charged to take care of properties going tax forfeit. The Finance Director then pointed out that the estimated rate for Horizon Circle was $10.41 per foot, then when the four streets were coml�ined, the actual cost is $9.36 which is lower than the estimate. Council- man Liebl added that since the Council felt that the �ob should be done with some storm sewer work, and since all four streets contribute to the water pro- b1em, that they should all share the cost. The City has in the past combined streets in a particular area to get an average figure. A member of the audience was still confused about what type o£ contract the contractor had and thought that it was still a time and materials contract. Councilman Sheridan explained that each quantity is bid separately within the total bid. I£ the City deletes a portion, then the contract has to be ad�usted � downward. I£ the City adds to the contract, then naturally it has to be ad�usted upward. If the contract covers more material than was actually used, then this amount is subtracted. The City has the right to add 25o to a contract. Mr. William Jensen added that this is the way the Crty has found to be most favor- able. You are talking about a lump sum bid, but each quantity is listed n� /�� _�,.�� �� REGULAR COUNCIL MEETING OF S�PTEMBFR 15� 1969 PAGE 5 individually also within the bid. These unit prices are estimated before , any work is done. When the work is completed, each item is added up and tallied. This is historically a sound way. The contractor gets paid for exactly what he does and the C�.ty only pays for work completed. Mr. Stephen Szegda, 5385 Horizon Drive N.� asked if the same man who did the other estimates, did not also do this estimate. He said that he did not mind paying the assessments, he wants the street, but could not understand why the estimate was higher. Councilman Lieb1 said that the Council has asked for a check of the figures, and this has been done. Mr. Szegda said that there should be no need to call City Hall to register complaints if there is an inspector on the �ob. Councilman Liebl said that a record of the complaints is kept and the Engineers try to take care of them. Mrs. H. .7ohnson, 146 Horizon Circle asked where the figure of $10.41 per foot for Horizon Circle came from, the petition she signed was with a figure of about $7.00. The Finance Director said that at the Public Hearing December 11, 1967 the figure used was $1D.41, and that he did not know where the figure of $7.00 came from. The purpose of the Public Hearing was to come in and find out the estimated cost. Mr. Douglas Osieczanek, 101 Crown Road N.E. said that he had a complaint on the black dirt, and also that the sidewalk does not slant with the rest of the sidewalk. Councilman Liebl said that if there were any more complaints, to please call the City Hall before the final payment to the contractor is made. � The City wants a good 7ob done. Mr. Olson said that there had been figures talked of ranging from $8.18 per foot to $10.51 per foot, It seems that this has been resolved with the $9.36 figure. The only questzon seems to be the storm sewer which has been explained. He said that there is another rtem to be brought up. He would like to have the big trucks kept off of Crown Road. It is used as a speed-way now. Mayor Kirkham said that this is already a matter of record and the Council has agreed to take under advisement. A member of the audience asked if there was any question about the $9.36 per foot figure. The Finance Director said that if the Council passes the Resolu- tion confirming the assessments, this is the figure that will be used. Mr. Sensen added that this figure is sound. Mayor Kirkham said that if any additional errors are found, the savings will be passed on to the residents. McKinley Street: Mississippi Street to 66th Avenue Councilman Harris said that there was a question brought to the attention of the Council at the last Meeting relative to additional driveway work that was done. The person who brought this up questioned whether rt was going to be assessed against the pro�ect There were three driveways which had conorete aprons put in. These have been taken out of the pro7ect assessment and assessed directly against the property receivzng the benefit. The figures have been changed to reflect this alteration, and the resulting new price is $9.83 per foot ' A member of the audience said that he understood that his neighbors did not ask for this to be done. A lady present said that they put in a concrete driveway apron for them that looks 7ust beautiful, but she could not understand why they were not asked. She wondered why there were only three put in. Councilman Harris asked if they were the only three that had some existing conerete drive- ways, and the lady replied yes. Another resident said that these aprons are on �, REGULAR COUNCIL MEETING OF SEPTEMBER 15, 1969 PAGE 6 � the City property. He called City Hall about it and was told that this is the new policy. He said that he has a concrete driveway down to the lot line and when he came home from work one day, the apron was in place Councilman Harris explained that what was meant by City policy was that if there was an existing concrete driveway and had to be partially torn out, rt a.s replaced. Councilman Sheridan said that this street is not true north and south, and is not located exactly in the center of the right of way. It varies from side to sa.de to avoid the trees This would then vary the amount of boulevard. A member of the audience asked if the estimated $10.73 per foot was for a 26' street or for a full street. The City Engineer said that it was for a fu11 street. The resident said that then it seems that there should be a greater reduction 6ecause the quantities used would be less. FIe said that Dunkleys came in and dumped some black dirt that had rocks and tin cans in it. He felt that at this high cost if they cannot have sod, they could at least have good black dirt. Mr. Sensen said tha.t there was no single answer to explain the situation. Concrete curb and gutter is the most expensive item and this is the same whether a 36' street or a 26' street. The reduction is not proportional. He said that as he recalled the quotation was based on no storm sewer and some temporary means of drainage was going to be provided. There was going to be no curb and gutter at the end of the street. As the pro�ect progressed, it was £elt that it would not be a good policy to put in the street without some storm sewer system. This is why the figure seems relatively hzgh. A resa.dent � commented that the people on the streets heard before wexe complaining about bad sod, but they have none, �ust black dirt with a lot of sand burrs in it. Councilman Liebl said that on this street the spread was over a sma11 amount of footage. This is why it is better to group the streets if possible. A lady in the audience said that the rest of �he streets in the neighborhood were put in about three years ago. They were told that until the storm sewer went in they could not get the street. They were in favor of the storm sewer then and wanted the street. She said that they petitioned fox their stxeet at the same time that the other streets were put in. Another resident said that if it was known a11 along thestorm sewer was needed, why was it not in the estimate The City Engineer said that originally they were not planning to do the end of the street. The final assessment cost is down about $1.60 from the estimated figure given at the improvement hearing, and he did not know what else could be done. A member of the audience asked what were their legal rights as to paying for the driveway. Mr. James Gibbs, Assistant City Attorney said that if the Council adopts the Resolution confirming the assessment roll, and they feel that it is not right, they can go through District Court, through their own private attorney. It would seem that they will have to pay for them He added that he would guess that it would be less than if a private contractor did the work. A resident said that rt was not an .ttem that was asked for. The Finance Director said that it is shown on the rolls as a separate item and is included in the total cost, but that the three driveways are assessed directly to the people receiving them. � This is part of the contract the Crty let and was put in for the City Council- man Sheridan added that the concrete driveways can only be assessed to the people benefrtting from them. If they are considered a benefit by the City, then there is an obliqata.on to levy the assessments. If determined by the Court that there is not a benefit equal to the amount charg�d, then they would not have to pay rt. Mr. Richard Dlaloney, 6550 MeKinley Street N E. said that he had � � «', r� �� _ REGULAR COUNCIL M�ETING OF SEPTEMBER 15� 1969 PAGE 7 Lot 4, B1ock 2, Clark's Addition and asked how much the driveway would be. The Finance Director told him $156 50. A member of the audience asked if sod was figured in the bid Councilman Liebl said no. He then asked if they should not receive black dirt. Mayor Kirkham answered yes. The resident said that it was mostly rocks. b4ayor Kirkham said that Suburban Engineering would check this out. A resident asked if these figures wi11 be checked aqain. Councilman Harris said that they have been checked. A resident then asked who pays the Consulsing Engineers. Mayor Kxrkham said that his fees come from the pro�ect. He was then asked why not 7ust hire another engineer then. The Fznance Director sazd that when the City Engineer works on a pro7ect, he also charqes his time to the pro�ect, MOTION by Councilman L,tebl to close the Contznued Public Hearing on the F1na1 Assessment Roll far Street Improvement Pro�ect St. 1968-1B. Seconded by Council- man Sheridan. Mr. John Jensen, Minnesota Transfer Railway Company said that he was out of town last week, and that he had an ob�ection to 71st Avenue from University Avenue East Service Drive to Park Property Line, He said that the street serves the Czty garage and is of no benefit to them. Mayor Kirkham informed him the Public Hearing on this street was closed last week, and if there was an ob�ection to send it in writing to the City Hall. THE VOTE upon the motion, being a voice vote, all voting aye, Mayor Kirkham de- clared the motion carried, and the hearing closed at 9 15 P.M. PUBLIC HEARING ON THE FINAL ASSESSMENT ROLL FOR SHE 1969 SERVICE CONNECTIONS: Alayor Kirkham read the Notice of Hearing. The Finance Director said that there were two connections for which there have been no agreements, which are: Lots 17-21, Block 4, Lowell Addition and the North � of Lots 13 & 14, Blaok 4, Adams Street Addition. Mayor Kirkham asked if there was anyone present who wished to be heard, with no response, N10TION by Councilman Sheridan to close the Public Hearing on the Final Assess- ment Roll for the 1969 Service Connections. Seconded by Councilman Lzebl Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. RESOLUTION #161-1969 - RL^,SOLOTION CONFIRMING ASSESSMENT FOR STREET IMPROVEMENT PROJECT ST. 1968-18: MOTION by Councilman Liebl to adopt Resolution #161-1969 with the alterations as follows McKinley Street• Mississippi Street to 66th Avenue assessment rate $9.83 per '. Horison Drive: 53rd Avenue to I. #694 Service Road assessment rate $9.36 per �. Horizon Circle. Main Street to Horizon Drive assessment rate $9.36 per foat. Crown Road, Main Street to Horizon Drive assessment rate $9.36 per foot Ventura Avenue: Main Street to Horizon Drive assessment rate a9.36 per foot. Seconded by Councilman Sheridan. Upon a volce vote, a11 voting aye, Mayor Airkham declared the motion carried. RPC�SS: Mayor Kirkham declared a 10 minute recess at 9-30 P.M. to allow time for the Finance Director to gather material for the next item on the Agenda. � � � ' ti�, i REGULAR COUNCIL N1E�TING OF SEPTSMBER 15� 1969 PAGE 8 � CONSIDERATION OF RESOLUTION CONFIRMING ASSE5SMENT FOR STREET IMPROVEMENT PROJECT ST. 1968-2B, AND RESOLUTION #172-1969 - RESOLI]TION RECEIVING PRCLIMINARY REPORT AND CALLING A PUBLIC HEARING ON THE MA.TT�R OF CONSTRUCTION OF CERTAIN IMPROVEMENTS: STREET IMPROVEMENT PROJECT ST. 1968-2B (SUPPLEMENTAL HEARING) AND RESOLUTION #173-1969 - RESOLUTION ORDERING PUBLIC FIEARID7G ON FINAL ASSESSMENT ROLL FOR STREET IMPROVEMENT PROJ�CT ST. 1968-2B (53RD AVENUE); Councilman Liebl asked for an explanatzon of the previous action and for the Finance Director to use the screen in his explanation. The Finance Director went to the screen and explained that the cost of the improvement of 53rd Avenue from Main Street to [Tniversity Avenue was $31,659.26. The cost of a typical residential street would be $19,803.27. This is the figure that was used to compute the assessment rate. The assessment rate for that portion of the street that has lots fronting on a.t is $9_53 per foot. The assessment rate for that section of street that does not have lots fronting on it, where the street cost is spread halfway up the block, is $1.95 per foot. A member of the audience asked how far up Altura Road this went. The Finance Director said Lot 11, Block 7, Carlson's Summit Manor Addition on the east side of Altura. A lady in the audience asked how many streets are helping to pay for 53rd Avenue besides Altura. Mayor Kirkham said none. She then asked why. Anothex resident said that at the last Meet�ng the question was asked why 3rd Street south of 53rd Avenue were not paying as they also abut 53rd Avenue, yet they are the only ones She then asked why the apartment houses do not pay. � Councilman Harris said that they do pay The Finance Director said that the assessment is also spread '� way down 3rd Street the same as on the north of 53rd Avenue up Altura at the same rate. A resident asked what about Horizon Drive north and south. The Finance Director said that it was spread on the east side o£ Horizon Drive '� way up the block. The MaVOr then again explained the assessment procedure for corner lots A resident then asked what about the people at the north end of Altura; whe.n do they pay� He said that he was not complaining about his assessment, but rather the policy, as he could not see that they would ever be a5sessed. The Finance Director Said that this ro11 is made up like every other roll has been for the last 10 years. In some cases rt may seem inequitable, but the same would be true in other areas as we11. Mr. Michael Lewkowicz, 5407 Altura Road N.E. said that Altura Road is a side street to Hora.zon Drive but they were not assessed. The people have to exit out the north to Horizon Drive or south to 53rd Avenue. On the south, Altura butts into 53rd Avenue anfl on the north, Altura butts into I-torizon Drive. This assessment rule is not �ustified. A resident asked about the procedure for a dead end street. Mayor Kirkham sazd that he could not recall an instance off-hand but he believed that it would be assessed all the way to the end. A member of the audience said that there were also empty lots. Mayor Kirkham informed him that they are assessed 7ust the same, by front footage. If they have gone back for taxes, then Anoka County owns them. ' A member of the audience asked why their question was not answered as to why not assess all the way up Altura. Councilman Liebl read the December 11, 1967 Public Hearing Minutes aloud, where it is agreed that the same procedure should be followed and there were no comments from the auclience He explained that the Council has asked the City Attorney for a legal opinion, thereupon he read the City Attorney's letter aloud, dated September 11, 1969 which states that tA "�� a l�-7 -", R�GULAR COUNCIL MEETING Or SEPTEMBER 15� 1969 PAG� 9 the Council would be better advised to continue their previous practice� and � giving his reasons for thts opinion. A resident said that she felt that $140 -$150 seems quzte high for a corner lot. Mayor Kirkham explained again that with every block there are corner lots. In order to pay for the corner lot it is assessed for front footage and 1/3 of the side yard. The other 2/3 of the cost is spread '� down the block to the next intersection regardless of how long the block is. This is calculated by £ootage, not house numbers. The reason for not going all the was is that the other end of the block will eventually have the assessments spread on them also. Mr. Lewkowicz said that this is the point. For the improvement of 53rd Avenue the assessments were spread '-z way up Altura, but when Horizon Drive was improved the assessments were not spread =, way down Altura Road considering it a side street They are both access streets, yet the lower half of Altura is assessed and not the upper half. A lady in the audience said that 53rd was widened for the industrial traffic and Mayor Kirkham pointed out that the residents are not paying for that. She then asked if when Altura Road is improved if they will not be assessed again. Councalman Sheridan said yes, by fsont footage. A member of the audience asked once again if the people on the north � of Altura will help pay for Horizon Drive. Mayor Kirkham said that he did not see it that way. The assessment is not levied considering access, but rather by side yard footage on the corner lot. When Altura is done the corner lot will pay by front footage and the sa.de yard will then be spread z way down Horizon Drive. Mr. Lewkowicz said � that Horizon Drivc is already done, the corner lot faces Horizon Drive, yet the assessments were not spread '-z way down Altura. He felt that the north '� of Altura should erther help pay far 53rd Avenue or Horizon Drive, one or the other. Mayor Kirkham said that everyone will eventually pay their fair share and if it is not fair the Council will be held liable, that the policy is being followed He then asked the Finance Director to go to the screen again and explain about the corner lots. The Finance Director said that no part of Horizon Drive was spread � way down the block. Horizon Drive is their frontage street, and the corner lot wi11 be assessed when Altura is improved. Councilman Sheridan said that this is a unique sStuation and that he had been discussing a suggesti�n wrth Counc.tlman Harris which he would like to otfer to the Council. He said that the past policy has been thoroughly explained, and he would propose that from Horizon Drive on the north, down Altura to 53rd Avenue, then down 3rd Street to the intersection of Horizon Drive again, the distance on both szdes of 53rd Avenue being nearly equal, that the assessment be spread equally on both the upper end of F1ltura and the lower end of 3rd Street also. A member of the audience sa�.d that this would lower their assessments and asked if there would be a time limit extension. It was pointed out to the audience that October 31st is set by the County as the deadline for turning over the rolls. Councilman Harns said that there is also a legal requirement of additional public hearings Estimates can be made based on the figures available. This still could be considered Council policy in that 53rd Avenue would be considered a col- lector street and the szde streets to it would pay an assessment. In answer , to a previous question concerning the industry on Main Street using this street, the City and all other municipalities within the State get a rebate from the State for the gasoline tax money that is taken in, and this money is taken and put back into our streets. 53rd Avenue meets the requirements for a State Aid i�� � REGIILAR COUNCIL MEETING OF SEPTEM6ER 15� 1969 PAGE 10 � road. If a normal residential street were put in it would have been a$19,000 street, the State Aid Street is about $31,000, but tY�.e residents are not payiny for the supera.or street. MOTION by Councilman Sheridan �o instruct the Administration to prepare an assessment roll for 53rd Avenue sideyards, including Altura Avenue up to the intersec�ion of Horizon Drive, down Altura to 53rd Avenue, then south on 3rd Street until it again intersects Horizon Drive Seconded by Councilman Harris. Mayor Kirkham cautioned the audience that although there is another assessment roll going to be prepared, this does not mean that it will be adopted. There may be the same kind of Public Hearing on the new roll as the past two meetings have been. It will be determined which is the more fair Councilman Harsis added that the Public Hearings wi11 be held as soon as legally possible. A member of the audience asked if in the meantime the assessments can be paid Councilman Harris said pes, and the balance would then be held in escrow. The rolls must be at Anoka County October 31, 1969 according to County regulations Mayor Kirkham warned the audience that if they paid according to the new roll, they should accept the fact that there may have to be more ad7ustments. THE VOTE UPON THE MOTION, being a voice vote, all voting aye, Mayor Kirkham declared the motion carried. � RESOZUTION �172-1969 - RESOLUTION RECEIVING PRELIMIL4ARY REPORT AND CALLING A PUBLIC I3EARING ON THE MATTER OF CONSTRUCTION OF CERTAIN IMPROVEMENTS: STREET IMPROVEMENT PROJECT ST 1968-2B (SUPPLEMENTAL I-IL'ARiNG): MOTION by Councilman Sheridan to adopt Resolution #172-19G9. Second�d by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. RESOLUTION #173-1969 - RESOLUTION ORLIERING PUBLIC fI�ARING ON FINAL ASSESSMENT ROLL FOR STREET IMPRQVEMENT PROJECT ST. 196S-2II (53RD t MOTION by Councilman Shexidan to adopt Resolution #173-1969. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. ORDINANCE #436 - AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINN�SOTA BY MAKING A CHANGE IN ZONING DISTRICTS: Sacred Heart Parish, rezone from R-2 to R-3A MOTION by Councilman Harris to adopt Ordinance #436 on second reading, wazve the reading and ordex publication. Seconded by Councilman Sheridan. Upon a roll call vote, Sheridan, Kirkham, Liebl and Harris voting aye, Mayor Kirkham declared the motion carried. DRDINANCE #437 - AN ORDINANCE APIENDING CFIAPTER 46 OF THE CITY CODE PERTAINING � TO EXCAVATIONS AND CONSTRUCTION ON OR OVER EASEMENTS ON PUBLIC OR PRIVATE PRD- PERTY AND kEQUIRING CONTRACTDR OR PROPERTY OWNER °STATEMENT OF UNDERSTANGING": MOTION by Councilman I-Iarris to adopt Ordinance #437 on second reading, waive the reading and order publication. Seconded by Councilman Sheridan. Upon a ro11 call vote, Liebl, Harris, Sheridan and Kirkham voting aye, Mayor Kirkham de- clared the motion carried, bp �i � .�� �I� � } R�GULAR COUNCIL MEETING OF SEPTLMBER 15, 1969 PAGE 11 MOTION by Councilman Sheridan to ask the City Manager to prepare a resolution for adoption at the next Regular Council Meeting adopting the Statement of Understandzng which is to be attached to permits. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. ORDINANCE #438 - AN ORDINANC� REGULATING THE ERECTION� CONSTRUCTION, REPAIR� ALTERATION, LOCATION, OR MAINTENANCE OE SIGNS AND BILLSOARDS WITHIN T$E CITY OF FRIDLEY, PROVIDING FOR TI�E POSTING OF SONDS, THE ISSUANCE OF PERMITS, IN- SPECTION AND FEES, PROVIDING PENALTIES FOR VIOLATIONS, AND AMENDNG THE EXISTING CHAPTER 56 (SIGNS AND BILLBOARDS) FROM 56.01 TO 56 12 OF THE CITY CODE: MOTION by Councilman Harris to adopt Ordinance #438 on second reading, waive the reading and order publication. Seconded by Councilman Sheridan. Councilman Harris questioned Section 56.03, Section 10 concerning motion signs. He wondered if there was any s�ze differential. The City Engineer said that the area requirement is the same. These stipulations were recommended by the Sign Association. Councilman Harris asked zf the sign permits will then be issued by the Administration of if they would be coming to the Council. The City Engineer said that they would be issued by the Administration unless there is a variance requested. Councilman Harris felt that there may be ob�ections to a motion sign from other people within the immediate area of the sign, and suggested that al1 motion signs come before the Council for approval. MOTION AMENDED by Councilman Harris that a11 permit requests for a motion sign come before the Council for approval before the permit is issued, Seconded by Councilman Liebl The City Engineer said that originally all motion signs were eliminated, but the Chamber of Commerce wanted the motion signs included. Councilman Harris said that he was not in favor of the motion signs before, but feels that this stipulation may be a suitable compromise. THP� VOTE UPON THE AMEN➢MENT being a voice vote, all voting aye� Mayor Kirkham declared the motion carried. THE VOTE UPON THE MOTION to adopt the Ordinance, being a roll call vote� Kirkham, Liebl, Harris and Sheridan voting aye, Mayor Kirkham declared the motion carried. CONSIDERATION OF FIFST READING OF ORDINANCE FOR REZONING (ZOA #69-08A) TO REZONE FROM R-1 SO R-3A, GENEFALLY LOCATED SOUTH OF 69TH AVENUE AND 1�000 FEET WEST OF THE CITY LIMITS 2, 1969) BY KAYE W. WESTERLUND The City Engineer said that the last time this ordinance was before the Council, the Council asked that the people developing the area to the east be questioned as to their plans for the land. He said that he had asked someone to be pre- sent tonight to discuss the development east of Westerlund's. Councilman Harris commented that he had felt that it would be a mistake to proceed with this rezoning without the other piece of land, as it could possibly create an R-3A parcel in the m�.ddle of R-1. Mr. Sim Wiensch and Donald L9ehlast of Approved Builders (Hammerlund Enterpr.ises no longer has an interest) were pxesent at the Council Meeting. Mr. Wiensch � � � REGIILAR COUNCIL MEETING OF SEPTEMBER 15� 1969 PAGE 12 � said that they have come into these proceedings in the middle, and felt that they would need an extension of time for the completion of the plans. Council- man Harris asked if they were aware of the dedications to be made to the City. Mr. Wiensch said yes, this is being taken into consideration in the development of the plans, and they are willing to make the dedications and grant the slope easement. Councilman Harris asked who would be the signer for the dedications Mr. Wiensch said that Carl Hipp still owns the land and that they were buying under contract. He said that if the City Attorney would prepare the documents, he would have them executed immediately. � � The City Enqineer pointed out that there was an agreement drawn up for Mr, Nordstrom of Hammerlund Enterprises which listed all the requirements. Council- man Harris asked if another agreement could be prepared. The City Engineer pointed out that the agreement called for a time limit. Councilman Shesidan felt that as they were willing to make the dedications, a time limit extension could be granted as soon as the dedications are in the hands of the City. Mr. Wiensch asked what if after the dedications are made, a new Council would refuse the rezoning. Councilman Harris said that he could not answer for another Council, but this Council will be in office until the first of the year. Mr. Wiensch said that he thought that it would take about 60 days for detailed plans. Midwest Planning is doa.ng the preliminary layouts. He asked what if the plans are ob�ected to by the Council. Councilman Harris said that if the plans meet the City Code and the City Ordinances, there is not much need to worry. He poa.nted out that the agreement that was drawn up is mutually binding. The Assistant City Attorney said that Approved Builders would be giving the easements based on the granting of the zoning change. If they did not get the rezoning, through no fault of theirs� then he was not sure that the easements would be valid. Mr. Westerlund was in the audience, and said that he was willing to wait for the other property. Councilman Harris told Mr. Wiensch to come into the City Engineer's office in the mornuig and he will work with him on the agreement. MOTION by Councilman Harris to table consideration of this rezoning Ordinance for Kaye W. Westerlund to the next Regular Council Meeting, and in the meantime Mr. Wiensch is to proceed with finalizing the necessary documents. Seconded by Councilman Sheridan. Upon a voioe vote, all voting aye, Mayor Kirkham dec- laxed the motion carried. RESOLUTION #162-1969 - RESOLUTION ORDERING IMPROVEM�NT AND FINAL PLANS AND SPECIFICATIONS AND ESTIMATES OF COSTS THEREOF STREET IMPROV�MENT PROSECT ST. 1970-2: Councilman Harris asked if the City's request to make West Moore Lake Drive a narrower State Aid Street will be granted. The Crty Engineer said yes, he thought so. Councilman Sheridan stated that he wanted to be sure thaY. all quantities will be included a.n the bi.d and that he did not want a repetition of the last two Public Hearings. MOTION by Councilman Sheridan to adopt Resolution #162-1969. Seconded by Council- man Liebl for discussion. Councilman Liebl reported that he has received many ca11s from people on Main Street ob7ecting to putting in the improvement at this time. Mr. McClain, 6007 Main 5treet N.E. said that he obaects to improving the street before the industrial area to the west develops. If the curbing is put in now, r � � ' � �� I� <_� �l.__� i REGULAR COUNCIL ME�TING OF SEPTEMBER 15� 1969 PAGE 13 it wouid �ust have to be chopped up for driveways when developed. Councilman Harris said that 7ust because plans and specifications axe ordered, it does not mean that the improvement is to be ordered in. The plans and specifzcations should be ordered in, to help the City's request to the County for them to take this portion of Main Street as a County Road. Mr. Frank Schoenberger, SS57 Main Street N.E, said that he agreed with Mr. McClain that the improvement should wait until the area is developed. Mr. MeClain asked if there were any plans for a sidewalk. Councilman Harris said no, not for Main Street. Mr. J.H. Hlavinka, 5923 Main Street said that he is in favor of the improvement,but not at this time. THE VOTE UPON THE MOTIO7V, being a voice vote, Harris, Sheridan and Rirkham voting aye, Liebl voting nay, Mayor Kirkham declared the motion carried. The Assistant City Z-lttorney asked if the Resolution called for improvement. He was told it did. He said then the motion would FAIL as xt is only a three to one vote. MOTION by Councilman Sheridan to reconsider the motion for adoption of the Resolution. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. MOTION by Councilman Harris to delete Main Street from 58th Avenue to 61st Avenue �rom Resolution #162-1969. Seconded by Councilman Liebl. Upon a voice vote, a11 votinq aye, Mayor Kirkham declared the motion carried. MOTION by Councilman Harris to adopt Resolution #162-1969 as amended. Seoonded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. Mr. McClain asked if the two apartments can not be made to fix up the area between them. Mayor Kirkham told him that the City is working on it. Mr. McClain asked if the weeds could not be cut again across Main Street as the weeds are aqain very high and his daughter has hay fever. It was agreed by the Council to ask the Administration to continue working on the plans & specifications for Main Street and bring back a Resolution to this effect at the next Meeting. MAYOR KIRKHAM CALLE➢ AN EXECUTIVP� SESSION FROM 10:55 TO 11:14 P.M. APPROVAL OF FINAL PLAT P.S. #69-10� GALLAGHER ADDITION (WILLIAM H. GALLAGHER): MOTION by Councilman Harris to approve the Fina1 Plat Gallagher Addition subject to getting easements and a drainage p1an. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Playor Kirkham declared the motion carrzed. APPROVAL OF FINAL PLAT P.S. #69-09� MIKE O'BANNON MOTION by Counca.lman Sheridan to approve the Final P1at requested by Mike O'Bannon sub�ect to obtaining easements and a drainage and grading plan. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Playor Kirkham declared the motion carried. � � � REGULAR COUNCIL MEETING OF SEPTEMBER 15, 1969 PAGE 14 � C�NSIDERATSQN OF FSRST READSNG OF �RIlINANCE ON VACATIQN (LEO O, LEMKE) SAV #69-D6 Councilman Sheridan commented that it seemed senseless to him to vacate the street and not the alley. The City Engineer said that the vacation is only for the south � of the stree�. There would still be access into the alley, but to his knowledge it is not being used. He said that if this is passed on first reading, then before the second reading is given, there should be the easements required, and the access to the property settled. Councilman Sheridan said that he did not think that it should be vacated at this time and the proper action would be to deny the request. MOTION by Councilman Liebl to deny the Vacation Request SAV #69-06 by Leo 0. Lemke to vacate the south half of 47th Avenue between 3rd Street and University Avenue. Seconded by Councilman Sheridan. Upon a voice vote, a11 voting aye, Mayor Kirkham declared the motion carried. CONSIDERATION OF STORM SE47ER IMPROVEMENT PROJECT FOR LUCIA LANE - 68TH AVENUE AREA MOTION by Councilman Liebl to delete this storm sewer district from the 197D program. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. APPROVAL OF LOT SPLIT REQUEST (L.S. #69-19) NORTH AIR HOME ASSOCIATION, JAM�S � PLEMEL: S. 150 Feet of Lot 18, Brookview Addn, sub�ect to road easement over S SO Feet. MOTZON by Councilman Liebl to grant the Lot Split Request by North Air Home Association sub7ect to the easement necessary. Seconded by Councilman Harris. Upon a voice vote� there being no nays, Mayor Kirkham declared the motion carried. APPROVAL OP CHANGE IN EXTERIOR FINISH OF RIVERSEDGE WAY APARTMENTS: (James Nelson) Mr James Nelson said that the only change is that they would like to use rough sawn cedar on the exterior rather than stucco. He then came forward and presented the Council with the plans and said that he hopes to have the buildings complete by next June. Councilman Harris asked if he still met the require- ments regarding the brick. The City Engineer said yes, and that he would re- commend approval sub�ect to obtaining easements and drainage plans. MOTION by Councilman Harris to approve the change in exterior for the Rivers- edge Way apartments and approve the pexmit sub7ect to the City getting the easements and drainage plans. Seconded by Councilman Liebl. Opon a voice vote, there being no nays, Mayor Kixkham declared the motion carried. APPROVAL OF PLOT PLAN AND OTHER ITEMS FOR COUNTRY KITCHEN RESTAURANT AND CONSIDERATION OF SIGN PERMIT REOUEST• � The City Engineer said that the interior plans have already been presented to the Council and there is no change with those He said that his suggestion was to move the building 18' north, and then vacate the roadway. This would provide about 7' between the curbing and fenced area. There is a sidewalk running along the south property line. There wi11 be 6' provided between the sidewalk and the cars. They have agreed on these points. They have also ����1T ,. , RCGULAR COUNCIL MEETING OF SEPTEMBER 15� 1969 PAGE 15 agreed to improve Third Street, and they have been working with the Minnesota � Highway Department on arrangements on the road to the east. He said that he would recommend approval of the plot plan, authorization for the Public Hearing for the vacation of the 18' roadway for October 13, 1969, and approval of the concept so they can start working on the raad. The restaurant is a franchised, sit-down type restaurant. They plan on a brick and cedar exterior. MOTION by Councilman Harris to approve the plot plan as presented and set October 13, 1969 for the Public Hearing on the vacation of the roadway and also the 30' on the west side of the apartment building. Seconded by Council- man Liebl. Mr Kerth Holvenstot of Erickson Petroleum Corp. said that he appreciated the help given him by the City Engineer, There was then some discussion of the drainage plans with the Council. Mr. Holvenstot said that they had already agreed to the sidewalks along the west side of the property, but it did not seem likely to him that there would be very much pedestrian traffic along the south property line, and that t,his sidewalk would be wasted money. Ae said that it would also seem unlikely that there would be a need for a sidewalk along the north side of 57th Avenue as this would be the back of the apartment house. Councilman Sheridan saad that he would agree wath him, .tf he would be willing to give an agreement for future sidewalks when they are put in from Main Street to IIniversity Avenue. Mr. Holvenstot said that they would agree � to do this and that the sidewalks may still be five years away. Councilman Harris said that sidewalks may be developed along University, or possibly along 3rd Street for access to Holiday for the people living to the north. Mr. Holvenstot said that they have no arguement with the sidewalks on the east side of 3rd Street, that they plan on putting them in, and that he will £urther agree to sign an agreement for future sidewalks to conform to a future plan at the Crty's discretion. THE VOTE UPON THE MOTION, being a voice vote, a11 voting aye, Mayor Kirkham declared the motion carried. The City Engineer said as to the sign permit request, that it is too big, and suggested that they come into the office and he will help them work on it APPROVAL OF PLOT PLAN D�VELOPMENT FOR SEARS STORE IN SHOREWOOD SHOPPING CENTER: The Crty Engineer said that Mr. Saliterman has complied with eleven of the things the Council wanted him to do, but there are two that he does not want to do. He is ob7ecting to sidewalks and the bicycle path. Mr. William Jensen said that he is providing a sidewalk easement along the service road and pro- viding sidewalks along the south edge oE the building. He said that he is also providing parking as required, and a planting strip. Councilman Harris suggested an agreement for the sidewalks along the north side. Councilman Sheridan agreed that when the sidewalks between Central Avenue and Highway #65 are completed then he should have to put in the sidewalks, but at this time, � there is notha.ng to the east or west The City Engineer pointed out that he is platting this area a1so, and there are no easements for this particular piece, except as shown on the plans. Mr. Sensen said that the parking lots on the north and west sides of the buildings are blacktopped and the parking lot to the south is gravel The City Engineer explained that Mr. Salrterman contends REGULAR COUNCIL MEETING OF SEPTEMBER 15, 1969 PAGE 16 � that he does not know how the future development will go. Mayor Kirkham said that he felt that he should follow the Ordinances. Councilman Harris said - that he conld agree with the overflow parking to the south. If it should develop to the south, it would be a shame to have to tear out the blacktopping. However, he agreed that if the expansion goes to the south, then there should be a blacktopped parking lot on the east, or if the expansion goes to the east, the gravelled area to the south should be blacktopped. MOTION by Councilman Sheridan to grant approval of the plot plan for Sears sub�ect to an agxeement for sidewalY.s on the north side of Rice Creek Road, to be put in at the City's option; the overflow parking area to be gravel until future development dictates direction of qrowth of building; with additional development there should be addrtional parking to meet the City Code; and continuation of the platting of the property. Seconded by Councilman Harris. Upon a voiae vote, a11 voting aye, Mayor Kirkham declared the motion carried. RECEIVING THE MINUTES OF THE BUILDING STANDARDS - DESIGN CONTROL SUBCOMMITTE� MEETING OF SEPTEMBER 4. 1969• MOTION by Councilman Liebl to receive the Minutes o£ the Building Standards - Design Control Subcommittee Meeting of September 4, 1969 Seconded by Council- man Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. � RECEIVING THE MINUTES OF THE BOARD OF APPEALS MEETING OF SEPTEMIIER 10� 1969: MOTION by Councilman Sheridan to concur with the granting of the variance requested by Mr. Donald Fleigle, 32 66th Stlay N.E. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. Mr. Fleigle was in the audience and asked if he can start work aqain Council- man Sheridan said that the Board of Appeals P9inutes say that he was to stop work until the Council gives their approval, and this has been done� so he can proceed CONSIDERATION OF ACQUISITION OF DIKE EASEMENTS - EAST LEG AND COMPLETION OF WORK UNDER STREET IMPROVEMSNT PROSECT ST_ 1969-3. The City Manager said that authorization is needed from the Council for the purchase of Lots 1- 5, Block Y, Riverview Heights Addition from Belisle and Foreman in the amount of $3,440.35, of which $300 has already been paid. MOTION by Councilman Harris to authorize the City Manager to write letters to Clarence Belisle and Robert E. Foreman informing them that the Council has authorized the purchase of the five lots. Seconded by Councilman Liebl. Upon a voice vote, a11 voting aye, Mayor Kirkham declared the motion carried The City Manager said that the plan is to move the dike to the south on 79th � Way which would qet it away from the house on the corner. It appears, in this case, that the course of the creek would have to be changed sliqhtly and for _ this the City would need an easement on an additional lot owned by Mrs. Mabe1 Strub. She is asking $150 for it, and the City Manager said he would also need the same authorization by the Council to proceed. i� r �{ R�GULAR COUNCIL MEETING OF SEPTEMBER 15� 1969 PAGE 17 MOTSON by Councilman Harris to authorize the City Manager to purchase the one � additional lot for $150.00 from Mrs. Strub. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. The City Engineer said that since the plans have been revised and the work cut back, Dunkley Surfacing Co. feels that they need an additional $5,742.00 by a supplemental agreement to complete the job. The original pro�ect cost was $94,091.78 and it was cut back to $69,895.78. Since there is a minimal change in the work to be accomplished as compared to the specifications at the time of the bid, he needed authorization so that the changes can be negotiated with Dunkley, if possible, within the framework of the present contract. If impossible, bids will have to be re-let. MOTION by Councilman Liebl to authorize the City Engineer to work with Dunkleys to try to agree on the price, and if not possible, to re-advertise for bids. Seconded by Councilman Sheridan. Upon a voice vote� all voting aye, Mayor Kirkham declared the motion carried. OF ASSL'SSMENTS UNDER SANITARY SEWER The Crty Engineer explained that as the Council knows the bids on this pro7ect were quite high. When the hearing was held, Don Savelkoul ob7ected to the restaurant being assessed and the Council removed this assessment. The gas station land has been leased out by Mr. Savelkoul, and the lease requires that he is to pay any assessments on the property. The lease is about five � years old. The gas station needs and wants the service, but Mr. Savelkoul feels that he should not have to pay for it. They have been pumping the cess pool until there is a connection available. The sewer line wi11 be extended to the gas station, �nd the City Engineer warned the Council that there will be com- plaints at the Final Assessment Hearing. Mayor Kirkham said that there is no problem, the City has to assess the pro- perty. Councilman Harris agreed and commented that anything else would be illegaL It was pointed out that the City policy has been to allow pumping of cess pools only until there is a connection available, then hook--up is mandatory. MOTION by Councilman Harris to receive the report by the City Engineer. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. CONSID�RATION OF SIGNAL ON EAST RIVER ROAD NEAR STEVENSON ELEMENTARY SCHOOL MOTION by Councilman Harris to receive the letter from Independent School District #14 dated September 15, 1969 and ask the Administration to direct a letter to the County indicating the City's and the 5chool's desire to have this intersection signalized. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. RECEIVING COPIES OF THE FLOOD DISASTER PROJECT APPLICATION AND REQUESTING ADVANCE � OF FUNDS FROM O.E.P.. MOTION by Councilman Liebl to authorize the City Manager to sign the letter to Mr. Richard Preiss, Military Affairs, State Capitol as it appears in the Sept. 15, 1969 Agenda. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. � � ?�., � REGULAR COUNCIL MEETSNG OF SEPTEMBER 15, 1969 PAGE 18 ACQUI5ITION OF EASEMENT IN NORTHWEST QUADRANT OF EAST RIVER ROAD AND LONG- FELLOW STREET� The City Enga.neer explained that there is a storm sewer in this triangle. It will cost about $70 for fill and DeGardnex will fi]1 it if the City pays him the $70 for consideration of the easement. MOTION by Councilman Liebl to approve acquisition of the easement from Mr. Robert DeGardner for $70.00. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Rirkham declared the motion carried. OF DEVELOPMENT AND DRAINAGE PLAN FOR MEADOWLANDS PARK The City Engineer explained that part of the Meadowlands Park is used as a retention basin and must be continued until such time as a complete storm sewer system is installed. There is no storm sewer system there now. Since the Park Department has budgetted some money for the improvement of this park, he wanted to make sure that the improvements they may do are with this in mind. He said that the Meaclowlands Park has been developed so far with the retention basin as part of it and he did not want anyone to say later that the City is using Park land as a basin. MOTION by Councilman Sheridan to receive the Memorandum CM r�69-20 from the City Engineer dated Septembes 9, 1969. Seconded by Councilman Lieb1. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. CONSIDERATION OF IMPROVEMENT OF INTERSECTION OF CENTRAL AVENUE AND T.H, r�65: MOTIOIJ by Councilman L�.ebl to approve the concept for the intersection shown on Page 96 of the Septemher 15, 1969 Agenda. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. RESOLUTION #163-1969 - RESOLUTION CONFIRMING ASSESSMENTS FOR 1969 WATER AND SEWER MAINS, LATERALS AND SERVICE CONNECTIONS: MOTION by Councilman Harris to adopt Resolution �r163-1969. Seconded by Council- man Sheridan. ilpon a voice vote, all voting aye, Mayor Kirkham declared the motion carried RESOLUTION #164-1969 - RESOLUTION RECEIVING FINAL PLANS AND SPECIFICATIONS AND ORDERING BIDS FOR WATER IMPROVEMENT PROJECT #95 - SCHEDOLL^' A� E, AND F: MOTION by Councilman Harris to adopt Resolution #164-196R. Seconded by Council- man Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. RESOLUTION #165-1969 - A RESOLIITION RELATIVE TO CITY OF FRTDLEY - NORTH SUBURBAN SANITARY SEWER DISTRICT USE AGREEMENT: (COnnection for LaNlauz Inc.) ASSD RECENING LETTER FROM N.S.S S.D.: � It was pointed out that the Resolution as it appears in the Agenda will have to be re-written. MOTION by Councilman Liebl to adopt Resoluta.on #165-1969 as amended. Seconded by Councilman Harris. Upon a voice vote, all ayes, the motion carried. � ^n i� ... , . . REGULAR COUNCIL NIEETSNG OF 5EPTPIMBER 15, 1969 PAGE 19 The Assistant City Attorney said that the next N 5.S.S D. meeting is September � 23, 1969, and the Resolution should be ready by then. It was also pointed out that LaMaur's plans should be presented to N.S.S.S.D. before the Meeting so that their Engineer will have a chance to look at them before the meeting, or there will be no action taken that night. MOTION by Councilman Sheridan to authorize the Administration to grant the permits to LaMaur Incorporated for construction and £urther authorize the Administration to take the necessary steps to protect the City of Fridley and LaMaur Inc. in the event the request to N.S.S.S.D. is not granted. The motion was seconded and upon a voice vote, all voting aye, Mayor Kirkham declared �he motion carried. The City Engineer asked if the City was going to let LaMaur run their lines up to the manhole and take a chance on being granted permission to connect. The Assistant City Attorney said that there was no place else for them to go. RESOLUTION #166-1969 - A AP�SOLUTION ORDERING PRELIMINARY PLA.NS, SPECIFICATIONS AND ESTIMATES OF THE COSTS TI-LEREOF: SSREET IMPROVPMENT PROJECT ST. 1970-1 ADDENDUM #2: MOTION by Councilman Liebl to adopt Resolution #166-I969. Seconded by Council- man Sheridan. Upon a voice vote� a11 voting aye, Mayor Kirkham declared the motion carried. RESOLUTION #167-1969 - A RESOLUTION RECEIVING TFIE PRELIMINARY REPORT AND CALLING � A PUBLIC HEARING ON THE MATTER OF THE COPdSTRUCTION OF CERTAIN IMPROVEMENTS: STREET IPIPROVEMENT PROJECS ST. 197D-1 ADDENDUM #2: MOTION by Councilman Harris to adopt Resolution #167-1969. Seconded by Council- man Liebl. Upon a voice vote, all voting aye, Mayor Kirkham deolared the motion carried. RESOLUTION #168-1969 - RESOLUTION RECEIVING PLANS AND SPECIFICATIONS AND ORDERING BIDS FOR SANITARY SEWER PROJECT #96: MOTION by Councilman Liebl to adopt Resolution #168-1969. Seconded Uy Council- man Sheridan Upon a voice vote, all voting aye, Mayor Rirkham declared the motion carrzed. RESOLUTION #169-1969 - RESOLUTION OR➢P,RING IMPROVEMENT� APPROVAL OF PLANS AND ORDER2NG ADVERTISEMENT FOR BIDS: WATER AND SANITARY 5EWER PRDJECT #93: MOTION by Councilman Harris to adopt Resolution #169-1969. Seconded by Council- man Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. RESOLUTION #170-1969 - RESOLUTION CERTIFYING CERTAIN DELINQUENT WATER AND SEWER CHARGES TO TFI� COUNTY AUDITOR FOR COLLECTION WITH THE 1970 TAXES: MOTION by Councilman Lieb1 to adopt Resolution #170-1969. Seconded Uy Council- � man Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. RECEIVING AND APPROVING PIVE YEAA SIDEWALK PROGRAM. MOTION by Councilman Liebl to receive and approve the fYVe year sidewalk program, � r- -� l�.l � REGULAR COUNCIL MEETIIQG OF SEPTEMBER 15, 1969 PAGE 20 to be effective Sanuary l, 1970. Seconded by Councilman Harxis. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. The City Engineer explained that the sidewalks under this program will be put on residential property at no cost to them, and hopefully the residents wi11 give the land since they will not be assessed. They will be expected to keep them clean. The sLdewalks along County Roads wi11 be assessed because the residents are not assessed for the street. It was pointed out that with the adoption o£ this program, the budget will have to be ad�usted accordingly. CONSIDERATTON OF CITY OF FRIDLEY BUDGET FOR TFIE YEAR 1970 b10TI0N by Councilman Harris to table consideration of the 1970 budget. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried APPOINTMENTS: Richard J. Kreton Full Time $2 74 Replaces 5247 Girard Avenue Bartender per Ervin Minneapolis, Minn Store #Z hour Kay MOTION by Councilman Liebl to approve the appointment of Richard Kreton as Bartender. Seconded by Councilman Harris. Upon a voice vote, all voting aye� Mayor Kirhham declared the motion carried. Councilman Sheridan reported that his appointment to the Police Pension Committee is: Dan Sullivan, 1161 Regis Lane, Fridley, Minnesota. Telephone Number: 788-2294 LICENSES: MOTTON by Councilman Harris to approve the following licenses a.ncluding Food Faxm with the stipulations sequired by the Health Sanitarian. RECOMM�NDED FOR BEER BY APPROVAL SY Eood Farm Joe Steinworth Council 6071 University Avenue Health Sanitarian, Fridley, Minnesota sub7ect to stipulations on file FOOD ESTABLISHMENT Food Farm 6071 [Tniversrty Avenue Fridley, Minnesota CIGARETTE Food Farm 6071 University Avenue Fridley, Minnesota Joe Steinworth Joe Steinworth Council Health Sanitarian, sub7ect to stipulations on file Chief of Police 's� ; '%; t� � , REGULAR COUNCIL tdEETING OF SEPTSCQBER 15� 1969 Licenses Continued. SERVICE STATION Food Farm 6071 University Avenue Fridley, Minnesota DRIVE-IN THEATRE 100 Twin Drive-In 5600 Hwy. #65 Fridley, i�innesota BY Joe Steinworth Chet Herringer GAS EITTING Kal's Plbg.& Htg. 7101 West Palmer Lake Drive N. Minneapolis, Minnesota By: Edward Kaliszeswli Sassco, Inc. 475 Sth Ave. New Brighton, Minnesota GENERAL CONLRACTOR Imperial Garage Blders 12483-73rd Ave, N. Route 5 Osseo, Minnesota HEATING Sassco, Inc. 475 Sth Ave. New Brighton, Minnesota By: Robert Jenson By: Gordon M. Olson $y; Robert Jenson , � PAGE 21 � RECOMMSNDED FOR APPROVAL BY Suilding Inspector Fire Inspector Chief of Po].ice APPRO�/ED RENEWAL Htg. Insp. RENEWAL Htg. Inap. � REL7EWAL RENEWAL Bldg. Insp. Htg. Inap. Multiple Dwelling Licenses September 15, 1969 NAME ADDP,ESS UNITS FEE Maurice M. Filister 5750 East River Road 5860 East River Road 42 42.00 Fridley, Minnesota Carlyle J. Mathson � Hwy. 1D0 Box 3 634i hlighway 65 10 10.00 Aurora, Minnesota Arnold C. Elmquist, Apt. 301 6370 Flighway 65 15 15•�� 5860 E. River Rd, Fridley, Minnesota � i �, � i � r � REGULAR COUNCIL MEETING OF SEpTEMBER 15� 1969 PAGE 22 MULTIPLE DWELIING LICENSES September 15, 1969 NAME ADDRESS UNITS FEE Dale F. Knott � 1045 Peters Place 59g0 - 2'—z St. N. E. 7 10.00 Minneapolis, Minnesota Lester Mayo 4950 Madison St. N. E. 597�+ - 3rd St. N. E. 4 10.00 Minneapolis, Minnesota Mrs. L. A. Torgeson, 6065 - 3rd St. N. E 6061-63-65 - 3rd St. N. E. 3 10.00 Fridley, Minnesota James R. Bateman, 3534 Thomas Av�. No. 5428 - 5th St. N. E. 4 10.00 Minneapolis, Minnesota � Charles Wishey 10719 graewood Circle 380 - 57th Place N. E. 4 10.00 Minneapolis, Minnesota John J. Johnson 380 Pillsbury Bldg. 321 - 79th Way N. E. 4 10.00 608 - 2nd Ave. So. Minneapolis, Minnesota Maurice M. Filister 5750 East River Road 5760 East River Road 42 42.00 Fridley, Min�esota Maurice M. Filister 575Q East River Road 5780 East River Road 42 42.�0 Fridley, Minnesota Maurice M. Filister 575� East River Road 5800 East River Road 42 42,00 Fridley, Minnesota Maurice M. Filister 575� East River Road 5820 East River Road 42 42.00 � Fridley, Minnesota Maurice M. Filister 575� East R�ver Road 5840 East River Road b2 42.00 Fridley, Minnesota � , ��� �, r�) F,PGULAA COUfSCIL i��EETZNG OF S�PTF,��!3ER 15, 1°J69 MULTIPLE D�hELLIDIG LICEIQSES Stanley J. & Ann Y2. z'anza 430 2ronton Sc, N.E 2iiclley, '�linnesota ?.DDpEaS 430 Ironton St. rI.E uiQITS 3 P:iGL 23 r,, Z, $10.0� Edward B, Andersor 6061 2nd St N Fe 4 10.00 5808 Decatur Ave. Nc. PiinneaPolis, D4innesota TIIE a�tOTIO➢i �aas s�conded by Councilman Lieh1 Upor, a voice wte, all -votina aye, ��ayor Kii7ciiam declared rhe motion carrie�l. CLA INiS : PgOTION by Council��an IIarris te approve payment or General Clairns #19173 through #19290 and Liquor Claims �r3672 through �3724_. Secenaed b_y Councilznan Sheridan. Upon z vo�.cs vote, zll voting aye, i�ia��or Rirkham declared the mot�on can�ied. EST2MATES: Suburban Engine2�_�nq, Inc. 6875 ?-Iigh�aay #65 N.E. Fridley, P4innesota 55432 ror inspection through �uqust 2'�, 1969 Street Improvement Pro�ect St, 196S-i5 and St. 1965°2B (P�3TIAL) Weaver, Talle � Herr2ck 316 East :�iain Stxeet Anoka, C'Ltnnesota 55303 i'stimate L-or the IKonth oi Ai�gust ior Services Renc�ere?. Arcon Construction Company PQOra, D4lnnesota PAP,TI?1L Estinate #4 for work unde� 5trnet Improverient Project St. 1969-_ accorcling to contracL- $ 559.�2 $ 2,874.OD $31,198 63 MOTIO.T bp Councilman Harris to authorize payznent oi the estimates, Sec�nded by Councilr��an Sheridan. Upon a voice vote, a11 vat�ng aye, Cflayor Kirkliam declared the ?notion carried. SIDEWALK ALONG LITTLS� LEAGU�: L�IEL➢ BETWF.EIV ���OAiROE STReET AND �EL^'PERSON STR�ET TO SCHOOL PL?OPERTY 'PO TH8 NORTH: The City i2�n�yer reported that the scho�l is gcing to put in side�aalks from Park�iew to the Senior Aigh School Gnd they would like the Crty to put in `he sidewalk zdjacent co the LitLle League fie;.d between .�3onroe St. and Jefferson St. Thas ��aould mak� a completed sidew�lk a11 the way. The City Enqzneer has estiinated that it can be done =or about $1,000. � L__! � I_ r � � REGULAR COUNCIL MEETING OF SEPTEMBER 15, 1969 PAGE 24 motion by Councilman Sheridan to concur with this suggestion and have the side- walk put in. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. MAINTENANCE AGREEMENT WITH JOE POWERS FOR ALLEY SETWEEN MAIN STREET AND 2ND STREET FROM 4560 UP TO AND INCLODING 4544 2ND STREET: The City Manager said that when this was discussed before the Council wanted an agreement for the gzading and snow removal in the alley. This has now been prepared and authorization is needed £or the Mayor's and City Manager's signature. MOTION by Councilman Liebl to authori2e the Crty Manager and Mayor Kirkham to sign the agreement. Seconded by Counoilman Sheridan. Upon a voice vote, a11 votinq aye, Mayox Kirkham declared the motion carried• COMMUNICATIONS A. ZERA, INC ACQUISITING OF RIGHT OF WAY AT INTERSECTION OF MISSISSIPPI AND EAST RIVER ROAD: Councilman Harris said that he did not like this new plan as shown on Page 121 of the September 15, 1969 Agenda. Councilman Liebl agreed with him. Mayor Kirkham and the Czty Engineer said that if not done this way it wa.11 cost much more. MOTION by Councilman Liebl to receive the communication from Zera, Inc, dated �ugust 29, 1969. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carrzed. B. LaMAUR, INCc REQIIEST FOR SIGNALS ON EAST RIVER ROAD: Councilman Sheridan asked if this was part of the overall study being done by Anoka County. The City Engineer said that it was MOTION by Councilman Liebl to receive the communication from LaMaur, Inc. dated August 26, 1969 and instruct the Administration to write a letter to LaMaur Inc. informing them of the road study being done on East River Road fxom I_ #694 to Rice Creek by the County and that the Ca.ty is cooperating in every way to help expidite this. Seconded by Councilman Harxis Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. C. RESIDENTS ON 64�Z WAY REQUEST FOR NEW HOUSE NUMBERS: The City Engineer explained that now there is a road through. Originally it was �ust a driveway. They need a designation naming the street RESOLUTION #171-1969 - RESOLUTION NAMING 64'� WAY NORTH�AST: � MOTION by Councilman Aarris to adopt Resolution #171-1969. Seconded by Council- man Liebl, Upon a voice vote, all vot2ng aye, Mayor Kirkham declared the motion carried. , y l_� , � / , �i N �'� REGULA.R CODUCIL MEETING OF SEPTEMBER 15� 1969 D. LeROY J. PETERSON: RELEASE OF ENGINEERING ESCROWS: PAGE 25 MOTION by Councilman Harris to receive the communication from Minnesota Industrial Parks, LeROy .7. Peterson, President, dated September 10, 1969. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. E. CITY ATTORNEY: ASSESSING CORNER LOTS; MOTION by Councilman Sheridan to receive the memorandum from the City Attorney dated September ll, 1969. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. F. PQINNESOTA POLLUTION CONTROL AGENCY: RECEIPT OF COUNCIL'S RESOLUTION: MOTION by Councilman Harris to receive the communication from the State of Minnesota Pollution Control Agency dated September 5, 1969. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. FRIDLEY LIONS CLUB 12EQUEST FOR A BINGO LICENSE: Mr. Dave Schaaf of the Fridley Lions Club was present to explain that the Lions Club want to start Bingo games at Skywood Mall on Tuesday and Thursday nights £rom 7:00 P.M to 11�00 P.M. The games wi11 be in the Mall rtself. He said that the Lions Club is going to hire someone, and Roger Larson is going to be setting it up. The Assistant �ity Attorney suggested that the City Manager or the Police Department be advised on who is going to be running the games for each night. Councilman Harris asked if the Lions would have any ob�ection to having at least one member of the club present at each game night to provide some control. Mr. Schaaf said that he believed that this was their plan. He saYd that the club felt that bingo is a good money raiser, and that they would like to start the games before October 6th. MOTION by Councilman Harris to approve the request for a Bingo License for the Fridley Lions Club with the stipulations that a member of the Lions be present whenever games are run, and also a copy of the agreement between the Lions and the operator of the games to be kept on file wa.th the City. Seconded by Council- man Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. ADJOURNMENT: There beYng no further business, Mayor Kirkham declared the Regular Council Meeting of September 15, 1969 ad7ourned at 12:45 A.M. Respectfully submitted, Gs�GGCV /,�", ` " zic/ Juel Mercer Secretary to the Council f ��� l.� , �� ����a--,, �Jack O. Kirk am Mayor � � �