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12/15/1969 - 00019077%� THE MTNUT�S OF THE REGULAR COUNCIL MEETSNG OF DECEMBER 15� 1969 � Mayor Kirkham called the Regular Council Meeting of December 15, 1969 to order at 7:47 P.M. PL�DGE OF ALLEGTANC�^ Mayor Kirkham lead the Council and the audience in saying the Pledge of Allegiance to the Flag. INVOCATION Father Keefe, St. Williams Catholic Church offered the Invocation. ROLL CALL: MEMBERS PRESENT: Samuelson� Sheridan, Kizkham, Liebl MEMBCRS ABSL'NT: Harris PRESENTATION OF AWARDS Mr. Virgil Wills, Police Civil Service Commissipn and Mr, Laxxy Soznsen� , Building Standards Design Control 5ubcommittee were not present to receive their Certificates of Appreciation, so Mayor Kirkham asked the City Manager to send them to the recipients. APFROVAL OF THE MINUTES OF THE REGULAR COUNCIL MEETING OF DECEMBER l, 1969: PQOPION by Councilman Liebl to adopt the Minutes of the Regular Council Meeting of December l, 1969, as presented. Seconded by Councilman Samuelson. Upon a vmce vote, all voting aye, Mayor Kirkham declared the motion carried. APPROVAL OF THL' MINUTES OF TI-IE SPECIAL PUBLIC HEARING MEETING OF DECEMBER 8, 1969: MOTION by Councilman Samuelson to adopt the Minutes of the Special Public Hearing Meeting of December 8, 1969. Seconded by Councilman Liebl. Upon a voice vote, a11 voting aye, Mayor Kirkham declared the motion carried. ADOPTION OF AGENDA: Mayor Kirkham stated that there were some items to add to the Agenda as follows. 9A: Ornermaa Dike Easement. 30A Consideration of resolution authorizing and directing the splitting of special assessments on Parcels 4720, 4760, and 4780, All part of Outlot � 1, Melody Manor 4th Addition, and Replatting into Maple Manor Addrtion. 38: Memo from Crty Manager regarding IIoliday schedule. 39: Calling For bids for generator for emergency power. 40: Considerata.on of resolution opposing Y.S A. convention at University. PflOTION by Councilman Samuelson to adopt the Agenda as amended. Seconded Uy Councilman Sheridan. Upon a voice vote, all ayes, the motion carried. �� REGULAR COUNCIL MEETING OF DECEMBER 15� 1969 PAGE 2 � VISITORS. Mayor Kirkham asked if there was anyone present who would wish to speak on a non-Agenda type item, and Mr. Jerry Potts, 8066 Ruth Street N.E. commented that since the regulation of the snowmobiles, it seems to be quieter in his neighborhood. CONSI➢ERATION OF SECOND READING OF ORDINANCE FOR REZONING IN HYDL PARK AND CITY VIEW ADDITION: MOTION by Councilman Liebl to table this item to the Meeting of the Sth of January, 1970 for a full Council representation Seconded by Councilman Sheridan. Upon a vmce vote, all voting aye, Mayor Kirkham declared the motion carried. CONSIDERATION OF D�VELOPMENT PLAN OF PLANNED DEVELOPMENT DISTRICT (PD #68-10) HOWARD DUMPHY: The City Engineer reviewed the past information by stating that the Planning Commission recommended approval of the plan with the recommendation that the two southerly lots not zoned Planned Development under question be used for the 9 parking spaces, with adequate barriers and including the house to the north within the complex. He said that he wanted to bring to the Council's attention that the land area ratio does not meet the requirements for an R-3 zoning. In R-3 zoning, there should be 2500 square feet per unit and under � this development rt would be about 2370 square feet per unit. He questioned whether the Council, if they allowed this, would have to grant a waiver of unit - land ratio. Councilman Samuelson asked if the creek was taken into consideration when figur�ng the land ratio. The City Engineer said that the creek is within the PD deve�.opment and is considered part of the complex. He showed the area on the screen and presented the plan on the easel. He pointed out that there are some streets that will have to be vacated if the plan is adopted. By the standards for other multiple districts there should only be 104 units, and this plan has incorporated 108 He wondered whether additional land could be designated to the apartment phase from the commercial phase of the development to meet the land area requirements. Mr. J. Solverson, 5025 Lyndale Avenue South, said that he understood that the Council could set the number of units within a PD District without any waivers. The Planning Commission recommended going along with the 108 unrts and this makes a nice, symmetrical complex. If the number of units were changed, it would be difficult to retain the symmetry of the complex. The City Attorney said that in a Planned Development District, there are no stated density requirements. The Council has set in the past, the same requirements as in other multiple areas within the City. This has been policy in the past, and a formal waiver would not be necessary. Councilman Sheridan said that as long as this is not a complete plan for PD, should there not be a complete plot plan for the area encompassing the complex. If the property north of the creek is to be used for a speci£ic purpose it should be so � stated on a plan by a registered engineer. Mr Howard Dumphy said that he has presented a total plan for both sides of the creek. The dispute has been the 9 parking spaces and this seems to be what the discussion is down to The City Attorney said that a.t could be designated as Tract A and Tract B. Mr Dumphy said that it is referred to as Phase 1 and Phase 2, for the respective areas north and south of the creek. �� REGUI,AR COUNCIL MEFTING OF DECEMBER 15� 1969 PAGE 3 Councilman Samuelson said that he could see no problem in designating that � land to be used for commercial. Mr Dumphy said that the whole area will have to be surveyed by a registered surveyor to satisfy his mortqage company, but first he would like to have the overall plans approved. He understood that this was to be the next step. He said that he has been trying to get this approval since November 17th, but there has never been a fu11 Council so they would not act. He said that if he does not get approval soon he will lose the option on the mortgage commitment and it will cost him considerably more. He said that he understood that he still has to go through all the regular procedures for getting a building permit and that he wi11 have to go back through the Building Board, but first he need the con- cept approval so he can go ahead and get the land and have it surveyed. The City Engineer suggested that there could be an agreement between the developer and the City to designate exactly which areas, by 1ega1 description, would be used for multiple dwellings and which would be used for commercial. The City Attorney agreed. Mr. Dumphy said that he has agreed that the tenant of the house included in the complex should be the owner rather than a renter. Councilman Samuelson pointed out that in Coon Rapids their Planned Develop- ment District Ordinances leaves a 10% leaway in the number of units required in a complex per land area, as does Fridley's Mr. Solverson said that between the complex and the residential area they plan on putting in a 5' redwood fence and evergreens� such as juniper. Acxoss the front there will be another row of hedges, barberry perhaps. The have � tried to leave the area alonq the creek as natural as possible. Councilman Sheridan asked what the booklet said about designated land use. The City �ngineer said that the booklet designates the land for commercial and apart- ments. Councilman Sheridan asked without a commitment by legal description� what protection does the Council have that that portion designated for commercial will stay commercial in future years? What would prevent another apartment house from going in? The designation should be done by legal description. Councilman Samuelson said that his understanding of Planned Development is that it is done in stages. If a second plan should come in� as apartments, it would be re7ected. The City Attorney said that the building is done by stages, but the total plan is adopted at one time. Sf there were any chanqes �ade, the overall plan would have to be modified. Mr, Dumphy said that the booklet designates the overall p'roperty for area for parking� multiple dwellinqs, and commercial. It would be imposszble to change the apartments as there is no other place to put them. Councilman Sheridan said that he was referring to the chance that the commercial would become another apartment buildxng. Mr, Dumphy said that then he would have to go back be�oxe Planning Commission and Council again for any change. The City Engineer saxd that they plan on starting w�,th the apartments from Apri1� 1970 to 1971, and the commercial from 1971 to 1972. Councilman Liebl commented that he would like to see the land be developed to the best oE Mr. Dumphy's ability. He had no objections to the northerly land use. Mr. Dumphy said again that he has a mortgage commitment and unless this goes through soon� he will have to shop for other financing at a higher rate. Under Planned Development, everything has to go in sequence, and this, he felt, is exactly what he has � been trying to do. After the approval� the exact plans have to be drawn £or the Building Board's approval, and then the Council�s approval. He said tfiat it seems that he cannot get concept approval. Since November 17th� this plan has been held up because oP the 9 parking spaces. Councilman Liebl said that it had been tabled because there was not a full Council present, Ae said that T7 REGULAR COUNCIL MEETING OF DECEMBER 15� 1969 PAGE 4 � he was disappointed that Councilman Harris is not present, and added that he believed that Councilman Harris is in favor of this proposal. Mr. Dumphy said that this land is not conducive to single famzly residences. This is the hzghest and best use. He said that he felt that enough information has been supplied to enable the Councilmen to vote, so that he could go ahead. Councilman Liebl said that he was impressed with the original presentation of the plans, but if he had to vote tonight, without the stipulation regarding the land use by legal description, he could not do it. FIe said that he has reservations regarding the protection of the residents in the area. He said that he would like to go over the plans thoroughly wrth the City �ngineer before the vote. MOTION by Councilman Liebl to table this item until a fu11 Council is present. Mr Solverson said that if there were any recommendations Councilman Liebl would like to make, to please come forward with them. Councilman Liebl said that his only question would be what if Mr, Dumphy were no longer the owner, could another owner come in with a new plan with apartments for the whole area Councilman Liebl asked if the approval of the plans required a 4/5 vote. The City Attorney said a ma7ority vote was required. The Court stipulated that the land not within the district could be used for other uses such as parking. This is what the applicants have done and the next step is the approval by the Council. � Councilman Sheridan commented that he has been one of the stumbling blocks to this development. Originally, a different plan was sold to the people involving town houses. THE MOTION by Councilman La.ebl to table� was seconded by Councilman Sheridan, Upon a voice vote, Sheridan and Liebl voting aye, Kirkham and Samuelson voting nay, Mayor Kirkham declared the motion FAILED. Mayor Kirkham said that now there is a proposal on paper and he would like some action on it He said that he would like to see Mr. Dumphy keep his mortgage. If there are any changes the dissenting Councilmen would like to make, please speak up. To continue tabling this item accomplishes noth�ng. Council- man Liebl said that he had no intention of tabling this indefinitely, but that he would like action by a fu11 Council. He would also like the oppor- tunity of going over the plans with the City Engineer. At this point, he felt that there was not sufficient protection for the people in the area. They are the ones that will have to live with it. He said that he was not trying to be arbitrary, but wanted fu11 protection. He felt that a two week delay would not make that much difference, Mr. Dumphy said that two weeks would make a difference with his mortgage He said that he had spent two years on this pro7ect so far. Counci�man Sheridan said that this has not been before the Council for two years, but rather a month. Mr. numphy said that as to the legal description requested, that is all covered in the booklet which has been provided Councilman Sheridan asked if � this description would take 104 units, and the City Engineer said yes. Mr Solverson said that to reduce the number of units would require redrawinc� _ the entire plans on their part. The City Attorney commented that there was nothing ,n the court stipulation on the number of units, and that the Council can set these requirements. Mr. Solverson pointed out that the Planning Com- (� REGULAR COUNCIL ME�TING OF DECEMBER 15� 1969 PAGE 5 mission approved the complex with 108 units and if it were to be reduced, , the recommendation should have come from that body. Councilman Samuelson pointed out the l0o factor and the City Attorney read from the Planned Development Ordinance that part which pertains to the leaway allowed. Mr. Solverson pointed out that he could have said 104 units and with the final plan have had 108 and still have been within the 10% leaway. He said that he felt that they have followed the Code to date. Councilman Liebl said that they were not following the Code or they would have had 104 units. Mr. Solverson said that to redraw the plans would mean a delay of another six months. Councilman Liebl said that his biggest concern would be that another apartment house may be pushed in there. The City Attorney said that PD does not permit industry or single family residences, and requires approval of the Council. The construction can proceed in stages but each staqe must be ap- proved by the ma�ority of the Council. Mayor Kirkham commented that it would be permissible to redraw the line between the commercial and residential to come up with enough land area in the multiple portion for the 108 units. The City Engineer said that this would then reduce the size of the commercial structures. The City Attorney pointed out that the applicant can still vary l0o after the plan is approved. Mr. Solverson commented that he would think that the Council would want to see the best building possible in there and it is their feeling that the building utilizing the plan for 108 units is the best. Councilman Samuelson said that there has to be some degree of flexi- bility for the architect to work within. Mr. Solverson said that they could not come back in with anything, such as 11D units, without redrawing their plans again. The Crty Engineer pointed out that if these plans should fa11 � through, the Ordinance has already been passed, but a new set of plans would still have to be approved. Mr Dumphy said that if he were to take meaningful square footage and add to the residential site, it would mean taking the house off He said that they might then run into trouble with the commercial portion. Ide said that there may be trouble with the legal descriptions if this were done The Crty Attorney asked if there would be any advantage in taking the house of£ and Councilman Liebl said that the house was to act as a buffer. Counc1lman Liebl aslced Mr Potts if he had any comments as a resident of the area Mr. Potts answered that there is another house bet- ween his and the one in question. He said that he thought that it was too many units and that he still had reservations concerning the traffic problem as was brought out at the Public Hearing. The original plan sold to the people was for town houses, and he said that he could not help wondering how much further Mr. Dumphy will deviate from the original proposal. He asked Councilman Samuelson if he had ever taken a poll of the feeling of the people in the area and Councilman Samuelson answered that he had not. The City Attorney said that the Council must operate with�n the law and this is a matter of what can and cannot be allowed within the Ordinances. There is a point beyond which the Council cannot go. There should be an attempt made to come to a satisfactory agreement between the land owner and the Council. Mr. Dumphy said that he has already agreed to give a strip of land along East River F.oad. He said that he has tried to take a piece of land that has laid dormant many years and make it a money making, tax paying operation. He said that for the length of time he has tried to move, he felt that there should be some action under the Ordinance, It is not his fault that there has not � been a fu11 Council. CouncLlman Liebl said that he did not feel that his request for time to go over the plans with the City Engineer was an un- reasonable one. xe said that he was not ready to vote as yet. When this plan originally started, it was for town houses. This pro�ect will be in the area �� � � REGULAR CDUNCIL MEETING OF DECEMBER 15, 1969 PAGE 6 for a long time, and he wanted to be sure that it was something the people could live with Mayor Kirkham said that the solution was no closer than when they started. He advised Mr. Dumphy that to put it to a vote now would mean failure, so it would be better for his interests to try one more time. ORDINANCE #443 - AN ORDINANCE TO AMEND TI-� CITY CODE OF TAE CITY OF FRIDLEY� MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS: (Hammerlund - ZOA k68-13) MOTION by Councilman Sheridan to adopt Ordinance k443, waive the reading and order publication. Seconded by Councilman Sameulson. Upon a roll call vote, Kirkham, Lieb1, Samuelson, and Sheridan voting aye, Mayor Kirkham declared the motion carried. CONSIDERATION OF AN ORDINANCE UNDER SECTION 12.07 OF THE FRIDLEY CITY CHART�R 'PO VACATE STREETS AND ALLEYS AND AMEND APPENDIX C OF THE CITY CODE: (Five Sands - SAV #69-07) MOTION by Councilman Liebl to table this Ordinance to the Meeting of January 5, 1970, Seconded by Councilman Samuelson. Upon a voice vote, a11 voting aye, Mayor Kirkham declared the motion carried. CONSIDERATION OF AN ORDINANCE UNDER SECTION 12.07 OF THE PRIDLLIY CITY CHARTER TO VACATE STREETS AND ALLEYS AND AMEND APPENDIX C OF THE CITY CODE• (Thomas Albers SAV #69-10) MOTION by Councilman Sheridan to table this Ordinance to allow for the description to be corrected. Seconded by Councilman Liebl, Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. REAFFIRMATION OF REVISED REGISTERED LAND SURVEY, CAR WA5H� N W. QUADRANT OF MISSISSIPPI STREET AND �AST RIVER ROAD. The City Engineer said that this registered land survey was approved by the Council sub7ect to revision at the last meeting_ It has now been revised and brought back as instructed. Councilman Liebl said that Mr. Kubow had expressed concern about the storm sewer and wondered if rt had been corrected. The City Engineer said that he knew nothing of any problems and that Mr. Kubow had not come into his office The City Attorney said that approving the registered land survey would not in any way affect the liability of the developer on any storm sewer problems MOTION by Councilman Liebl to receive and reaffirm the registered land survey for the northwest quadrant of Ma.ssissippi Street and East River Road. Seconded by Councilman Sheridan. Upon a voice vote� Sheridan, Kirkham, Liebl voting aye, Samuelson abstaina.ng, Mayor Kirkham declared the motion carried. FIRST RP�A➢ING OF AN ORDINANCE AMENDING PRIDLEY ORDINANCE #70: (Snowmobiles) Councilman Samuelson said that he has received a number of calls regarding snowmobiles. Mayor Kirkham said that he had also, but less since the Resolution was published. The City Attorney said that the word "Court" should be stricken from the heading. �� �� REGULAR COUNCIL MEETING OF DECEMBER 15, 1969 PAGE 7 MOTION by Councilman Sheridan to approve the Ordinance on first reading and � waive the reading. Seconded by Councilman Samuelson. Upon a roll call vote, Sheridan, Kirkham, Liebl and Samuelson voting aye, Mayor Kirkham declared the motion carried. FIRST READING OF AN ORDINANCE AM�NDING FRIDL�Y ORDINANCE #88: (5nowmobiles) The City Attorney said that the word "Court" should be stricken from this heading also. MOTION by Councilman Lieb1 to approve the Ordinance on �irst reading and waive the reading. Seconded by Councilman Samuelson. Upon a roll call vote, Ka.rkham, Liebl, Samuelson, and Sheridan voting aye, Mayor Kirkham declared the motion carried DISCUSSION REGARDING BURNING PROCEDURES The City Manager reported that he had received some calls complaining of the burning being done by Carl Bolander off the Marshall Street right of way. They are turning the land over to N.S.S.S D. He said that the Fire Department would like some guidelines to work within in the giving out of permits. At some later date there may be an Air Pollution Ordinance to use. The State Statutes super- cedes the City's burning Ordinance. Councilman Sheridan asked if this would limit open burning. The City Manager said yes, within so many feet of a struc- ture. It would not eliminate the burning barrels as yet. Councilman Samuelson � suggested making it only pertain to commercial operations until the Air Pollution Control Ordinance is adopted. Councilman Sheridan said that the Bolander fire was billowing black clouds of smoke. The City Attorney said that it could be seen from downtown Minneapolis. Councilman Sheridan asked if this was a standing permit or if they apply every time they burn, and was answered that it is a standing permit. MOTION by Councilman Sheridan to withdraw the �ermit and ask Carl Bolander to come before the Council to show cause why they should be allowed to burn, Seconded by Councilman Samuelson. IIpon a voice vote� all voting aye, Mayor Kirkham declared the motion carried. CONSIDERATION OP ORNERMAA DIKE EASEMENT: The City Manager said that this easement would complete the easements, except those for Riverview Terrace. This would be a permanent easement, Councilman Liebl asked how many there have been. The City Attorney said 4 or 5 of this type and for the street pro7ect, about 20. It was agreed previously that all the people should be paid for the easements through condemnations. MOTION by Councilman Sheridan to authorize acceptance of the easement and paying 1�ir_ and P4rs. Arvo Ornermaa $300.00. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carra.ed. FIRST RCADING OF AN ORDINANCE UNDER S�CTION 12.07 OF THE CITY CHARTER TO yACATE � STREETS AN➢ ALLEYS AND TO AML�ND APPENDIX C OF THE CITY CODE: (Mike 0'Bannon} MOTION by Councilman Liebl to approve the Ordinance on first reading and waive the reading. Seconded by Councilman Samuelson. Upon a roll call vote, Sheridan� Kirkham, Liebl and Samuelson voting aye, Mayor Kirkham declared the motion caxxa.ed. �1 � � REGULAR COUNCIL ME�TING OF DECEMBER 15� 1969 PAGE 8 THE MINUTES OF THE PLANNING COMMISSION MEETING OF DECEMB�R 3, 1969: MOTION by Councilman Samuelson to receive the Dlinutes of the Planning Com- mission Meeting of December 3, 1969. Seconded by Councilman Liebl. Upon a voice vote, a11 voting aye, Mayor Kirkham declared the motion carried RECEIVING THE MINUTES OF THE BUILDING STANDARDS - DESIGN CONTROL MEETING OF DECEMBER 4� 1969: 1. CONSIDERATION OF A REQUEST TO CONSTRUCT A LIMIT�D BUSINESS BUILDING TO BE LOCAT�D ON LOT 9� BLOCK 2, COMMERCE PARK ADDITION, THE SAME BEING 7440 UNIVERSITY AVENUE N.E.� FRIDLEY� MINNESOTA. (REQUEST BY ROGER LARSON� 1052 OSBORNE ROAD N E.� FRIDLEY� MINNESOTA) The City Engineer said that the permit approval was recommended subject to the stipulations found in the Building Board Minutes. It is a duplication of the existing building, but a smaller size. It will look like the other building. Theywill face each other and use a common driveway. Councilman Samuelson wondered if anything could be done to ensure maintenance. The City Attorney said that the City has strict control before the permit is issued, but there is not too much that can be done after the building is built, except appeal to the owner's pride The noxious weeds can be cut down, but mowing the grass has to be the owners responsibil�ty. They have landscaping on the plans, but after the shrubs are put in, he abandons them, MOTION by Councilman Samuelson to grant the building permit sub7ect to the stipulations of the Building Standards - Design Control Subcommittee Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried 2. CONSIDERATION OF A REQUEST TO CONSTRUCT AN ADDI'PION TO AN EXISTING BUILDING LOCATED ON LOT 22� BLOCK 2, COMMERCE PARK ADDITION, TH� SAME BEING 7341 COMMERCE LANE, FRIDLEY, MINNESOTA. (REQUEST BY MR. DON PODANY, 7341 COMMERCE LANE N.E., FRIDLEY, MINNESOTA) The Crty Engineer said that this request is for an addition to the existing Allied Aluminum building. It will almost double the existing capacity. The requirements are set forth in the Minutes of the Building Board. Councilman Liebl asked why the change in the dimensions and Mr. Spencer Holle answered because when he worked with Kurt Mannfacturing there was a 10 foot offset and on this land there is a 15 foot offset that he did not know about. MOTION by Councilman Liebl to concur with the recommendation of the Building Standards - Design Control Subcommittee and grant the permit sub7ect to the stipulations. Seconded by Councilman Samuelson Upon a voice vote, a11 voting aye, Mayor Kirkham declared the motion carried. RECEIVING THE MINUTES OF THE BOARD OF APPEALS MEETING OF DEC�MBER 10, 1969• � MOTION by Councilman Sheridan to receive the Minutes of the Board of Appeals Meeting of December 10, 1969. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carrzed. �� REGULAR COUNCIL MEETING OF DECEMBPR 15, 1969 PAGE 9 RECEIVING BIDS FOR WORKMEN'S COMPENSATION INSURANCE FOR 1970: (Opened at 11:00 A M. December 15, 1969) The �lnanace D�rector said that he was not ready as yet to make a recommendation. MOTION by Councilman Liebl to receive the bids for workmen's compensation insurance and table the award until the evaluation is completed. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kzrkham declared the motion caxried. DISCUSSION REGARDING INTERSECTION OF HICKORY DRIVE AND EAST RIVER ROAD: The City �ngineer explained that there is a request before the Board of Appeals for a Special Use Permrt to allow a double bungalow on this corner. The reason for bringing this to the attention of the Council is because there is some right of way that should be acquired. The suggestion is to make Hillcrest Avenue a service road to East River Road, extend it to Hickory Drive, and take a triangle from the southwest corner of Lot 1, Block l, Ostman's Third Addition for alignment to East River Road and 71st Way, where there is to be signalization. If this is done there would be 40' right of way needed for the Hillcrest Avenue, Hickory Drive intersection. Hillcrest is a dedicated roadway� and there is about 50' between �ast River Road and Hillcrest, where there are water and sewer easements. If Hillcrest Avenue were to become a service drive it would probably be a 26' roadway along the westerly portion of the right of way to allow as much as possible of the street to be used by the property owners to the east as yard. Hillcrest goes to 73rd Avenue now. The owner is agreeable to giving both the easements. He was granted permission for the double bungalow previously in 1965 and now he is going through the request again, MOTION by Councilman Samuelson to direct the Administration to acquire the necessary right oP way from Lot 1, Slock 1, Ostman's Third Addition to make Hillcrest Avenue a service road and connect to Hickory Drive,and the south- west corner of the lot at the intersection of I3ickory Drive and East River Road for the alignment of Hickory Drive to 71st Way, and designate Hillcrest Avenue as a service road to serve all present and future homes on Hillcrest Avenue. Seconded by Councilman Liebl Upon a voice vote, a11 voting aye, Mayor Kirkham declared the motion carried. DISCUSSION REGARDING REQU�ST FOR NO PARKING SIGNS ON I. 694 OUTER DRIVE, SKYWOOD COURT AREA (By Ed Berq) Councilman Sheridan said that there was a complaint on the parking on this street, which is especially bad during the winter season. The plows can only plow =z of the street. He wondered if something could be worked out with the Highway Departrnent. The Fire Prevention Bureau Chief said that conditions are bad behind the building also. It is impossible to get the fire apparatus through. MOTION by Councilman Sheridan to table this item pending a recommendation by the Administration on possible changes. Seconded by Councilman Liebl. Upon a voice vote a11 voting aye, Mayor Kirkham declared the motion carried. DISCUSSION REGARDING CHANG� IN STATE STATUTES RAISING THE LIMIT OF BUYING WITHOUT CALLING BIDS: The City Manager explained that the State Statutes now authorize purchases up to � ' � ��� REGULAR COUNCIL MEETING OF DECEMBER 15� 1969 PAGE 10 � $5000 without advertisement for bids. Sealed bids would be taken for new equipment and new construction for items under $5000. A minimum of 2 bids or quotations on items or services would be required except for non-competitive items on items or services available from only 1 or 2 sources. Sealed bids or quotations for repair or maintenance or in con�unction with an emergency involving health or welfare would be taken if the item is less than $5000. �xceptions would be non-competitive items available from only 1 or 2 sources. Whenever possible wrrtten quotes would be taken and if rt is an emergency and oral quotes axe taken, written quotes still must be submitted and kept on file. MOTION by Councilman Liebl to concur with the report of the City Managcr. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. DISCUSSION REGARDING CITY ENGINEER MEMORANDUM CONCFRNING PRINTER• The City Engineer explained that their printer is outdated and there is money left in the 1969 budget which could be used for the purchase of a new printer used for plans. According to the State Statutes it is no longer necessary to go out for bids for this item. The quotations are to be found in the memorandum dated December 11, 1969. The printex from H.A. Rogers does not meet the specifications regarding speed. The printers from Copy Equipment and Albinson's do meet the specifications and he recommended purchasing the printer from Copy Equipment as rt costs less and the machine is comparable. � MOTION by Councilman Sheridan to authorize the purchase of a Dietzgen Copymation Model 300 Sword at a list price of $2,930.00 less $250.00 for trade in for the present printer, leaving a net price of $2,680.00; also a high-low intensity lamp for $75.00 making a total of $2,755.00 from Copy Equipment. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. DISCUSSION REGARDING CARL BOLANDER AND SONS CO., VERSUS CITY OF PRIDL�Y, IN REFERENCE TO SPECIAL ASSESSMENTS: The City Attorney said that he had asked that this item be put on the Agenda. This is a law suit dating back to 1962, concerning their payment of special assessments The pro7ect was constructed during the year of 1960. For some reason the spreading of assessments and the notice of hearing was not held until 1962. The assess- ment hearing was the first notification Mr. Bolander had of the assessment. The City Attorney said that he did not feel there was any 1iklihood of winning the law surt. The payment of the assessments levied for Water and Sewer Improvement Pro�ect #50 were paid under protest. Councilman Sheridan asked if the City would have the right L-o hold another reassessment hearing. The Crty Attorney said not after this amount of time. Councilman Liebl said that as they have paid under protest, he did not think the City should pay any interest. The Crty Attorne_y said that he would try to negotiate on this basis. This would amount to a substantial amount of interest. ' Councilman Samuelson said that he felt that the City should pay him the money as it could be proven in court that he never got a notice until two years afL-er construction_ Mr. Richard Harris volunteered the information that this line was put in to serve the Czty Liquor Lounge on 37th Avenue. He said that he did not receive any not�f�cation until two years after the construction either. The �� REGULAR COUNCIL MEETING OF DFCEMBER 15� 1969 PAGE 11 City Attorney asked if Mr. Bolander used the Pacility and Mr. Richard Harris , replied no. Councilman Sheridan asked if there was ever an assessment for water and sewer mains and the Finance Director said yes, this law suit is for a lateral assessment. Councilman Sheridan said that he would agree with Council- men Liebl that 6% interest should not be paid. He also questioned the wording of the second stipulation, and said that it should specify for this project only there will not be assessments levied. The way it reads it would mean any future assessments could not be placed, MOTION by Councilman Sheridan to authorize the refund o£ the special assessments provided Mr. Bolander is agreeable that no interest be paid during the period he made payments in protest. Also that the agreement be changed to provide the levy of assessments not be permanently removed from the assessment rolls, but that this agreement shall pertain to only the specific special assessments involved in this instance, Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayar Kirkham declared the motion carried. CONSIDERATION OF CALLING FOR BIDS FOR GENERATOR FOR EMERGENCY POWER: The Crty Manager explained that this would be a generator requested by Civil Defense for the operation of Crty Hall in an emergency. Councilman Liebl asked if this would be adequate for the whole building. The Civi1 Defense Director said for everything, except the air condrtioning. The criteria was established by the archrtects for Ci_ty Hall, but then it was deleted from the construction. The specifications are figured without the air conditioning, as with the air � conditioning, it would be prohibitive to this operation. He said that these specifications were not made by him. He said that he has met with an Engineer from Onan's and has given the plans to the City mechanic as they are relative to an internal combustion engine. Iie was satisfied with this unit. He has given the plans to the Electrical Inspector also to look at the alternator. He indicated the speci£ications were general and could be met �e any responsible bidder There is a good safety margin. Councilman Sheridan asked if rt would be operated periodically and the Civil Defense Director said yes, it would be checked, probably, before regular office hours. MOTION by Councilman Sheridan to authorize calling for bids for a generator for City Hall for emergencies. Seconded by Councilman Samuelson. Upon a voice vote, a11 voting aye, Mayor Kirkham declared the motion carried, APPOINTMENTS: POLIC� CIVIL SERVICE COMMISSION Councilman Samuelson suggested Mr. David C. Cook, 6840 Washington St. N,E. who is employed by Litton Industries and has had experience in personnel. Council� man Liebl suggested �r. Jack Korthof, 6261 Rainbow Drive N.E. as he has also worked with management and has a background of dealing wrth personnel. Mayor Kirkham sugqested that this appointment wait until the first Meeting in January, at that time there will be two vacancies. , BUILDING STANDARDS - DESIGN CONTROL SUBCOMAITTTEE Councilman Lieb1 suggested Mr. Frank Hart, 6000 3rd Street N.E., Telephone: I-SOme 560-4363, Work- 633-1061. REGULAR COUNCIL MEETING OF DECEMBER 15, 1969 PAGE 12 ' MOTION by Councilman Lieb1 to appoint Mr. Frank Hart to the Buildiny Standards - Design Control Subcommittee with a term expiring January 15, 1970. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. � � 7 CITY EMPLOYEE: Victor T. Palo Bartender $3.25 Per Replaces 5300 65th Avenue North Bar #3 Hour for Vernon E. Minneapolis, Minn. Six Months Johnson MOTION by Councilman Samuelson to concur in the appointment of Victor Palo as Bartender, Sar #3. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. CLAIMS: MOTION by Councilman Sheridan to authorize payment of General Claims #20041 through #20151 and Liquor Claims #3943 through #4016. Seconded by Councilman Liebl. Upon a voice vote, a11 voting aye, Mayor Kirkham declared the motion carried. LICLNSES MOTION by Councilman Samuelson to approve the following licenses: GAS SERVICES APPROVED BY Shamrock Heating Inc. 7608 Lyndale Ave. So. Richfield, Minnesota GENERAL CONTRACTOR By Sohn F, Moore A11a.ed Building Products, Inc. 707 Oak Ridge Road Hopkins, Minnesota By: Spencer F, Holle Donco Builders, Inc. 1052 Osborne Road N.E Fridley, Minnesota HEATING Shamrock Heating Inc. 7608 Lyndale Ave. So. Rich£ield, Minnesota By: Roger Larson By: John F Moore THE MOTION was seconded by Councilman Shera.dan. aye, Mayor Kirkham declared the motion carried. Plumbing Inspector Building Inspectar Building Inspector Plumbing Inspector Upon a voice vote, all voting U c� �� , REGUL�IR COUNCIL MEETING OF DECEMBER 15, 1969 ESTIMATES � PAGE 13 ' The City Attorney said that relative to the payment owed Mr. F.N. Shaffer for the appraisal, that he has agreed that the payment will also include any necessary testimony there may be connected with the condemnation. This has been confirmed by a letter from the City Attorney's office with a copy sent on to the City Manager. Charles Love�oy Company 2506 Cedar Avenue White Bear Lake, Minn. 55110 FINAL Estimate �{�3 for constructioZ of Sanitary Sewer Improveaieat Pro�ect No. 91 1 Robert L. Miller Constraction 1390 lOth Avenue Newport, Minnesota FINAL Estimate /�2 for coRStrsction of Water Improvement Pro�ect No. 92 Comsto�k � Davis, Inc. 1446 County Road °J" Minneapolis, Niinnesota FINAT, Estimate 4{�1 for the planning of Sanitary Sewer Improvement Pro�ect No. 91 FINAL Estimate 4{2 for the furnishing of professional engineering services for planning Storm Sewer Improvement Pro�zct No. 89 FINAL Estimate i�2 for the furnishing of professional engineering services for planning Water Improvement Pro�ect No. 92 For the staking out of constructioa work• partial Estimate ��8, Street Improve�nent Project Number 1959-1 from November 3, 1969 throagh Vov. 29, 1959 Partial Estimate i{�6, Str2et Improvement Pro�ect Number 1969 -2 from Nov. 3, 1959 through Vov. 29, 1959 Partial Estimate ��2, Sanitary Seaer Improvement Project No. 95, Aldendum a{1 from iVov. 3, 19u9 through Nov. 29, 1969 partial Estimate 4F2, Sanitary Sewer Improvement Pro�ect No. 96 from Nov. 3, 1959 throagh Nov. 29, 1959 $ 2,309.05 $ 2,732.36 i $ 729.43 $ 148.13 $ 127.87 � $ 158.51 $ 33.47 � � $ 638 00 $ 575 17 ' �" , V -.Ct u�a3 COUiSCI� N1L'ETITSG OP llECEMBLIR 15 - 1959 ESTIM.ATES (Continued) Comstock & Davis (Continued) Partial Estimate ;�1, Water Improve�ent Pro��ct Number 95, Sched�le F from Nov. 3, 1959 throigh �Vov, 29, 1969 Partial Estimate (k2, Water Improvement pro�ect No. 95, Schedale A-3 fro�n Nov. 3, 1969 t%rough Nov. 29, 1969 Partial Estimate �(i2, Water Improvemznt pro�ect No. 95, Sche3ule A-2 from Nov. 3, 1959 through Nov. 29, 1969 Partial Estimate �k2, Water Improvement Project No. 95, Schedule 9-1 from Voa. 3, 1969 through Nov. 29, 1969 Partial Estimate 4�4, Water Impro•aement Pro�ect No. 94 From No��. 3, 1959 through N�v. 29, 1959 Partial Estimate �kl, Sanitary Sewer & Water Improvenent Project No. 93 from iVov. 10, 1969 thro,igh Noo. 29, 1969 Partial Estimate {�4 Sanitary Sewer Improvement Pro�ect No. 91 from Nov. 3, 1969 through No�a. 29, 1959 Pa�tial Estimate 1�8, Sanitary Sewer, Water & Storm Sewer Improvement Pro�ect No. 90 from Nov. 3, 1969 thro�.�gh Nov. 29, 1959 Gi1es & Nelson Constructiou Co 2101 lOSth Avenue *I. E. Blaine, Minnesota 55433 Partial Estimate 'j%2, Improvement Project No. 90 - Addendum No. 1, according to contract D. M. Noyes Construction Co., Inc. 430 Oak 6rove, Suite 201 bfinaeapolis, Minnesota 55403 Partial Estimate ��1, Sanitary Sewer and �Iater Improvement Pro�ect No. 93 Arcon Construction Company, Inc. Mora, Minnesota PARTIAL Estimate ��6 Street Impro•�ement pro�ect ST 1959-1 � PARTIAL Estimate ��5 Street Improvement Pro�ect ST 1969-2 Weaver, TaLle & Herrick 316 East Main Street Anoka, Minnesota 55303 For Services Rendered (November) �� ! t% GI � � $ 9.50 $ 72.60 $ 23.76 $ 93.59 $ 1�.26 $ 1,477 41 $ 18.74 $ 32.47 $ 11,710 57 $ 5,415.3� $ 27,361.84 $ 17,657.89 $ 3,9Z3 74 6 P Q � �� ��.GULPR COUNCIL uEZ,TITiG OF DPCEMR�R l5v 1969 ESTIPSATES �Continued) Koru�ak P.ealty 3918 Central A�enue t�l 1:. Plinneapolzs, P4�nnesota 55421 Po� appraisal Serti�ice Por Norr.h Park Area F.N. Shaifer Real Estate, Inc. SD60 Central A��enue iV.E. Minneapolis, Minneosta 55421 ror �pnraisal Service for North Park Area PAGF 15 $ 750.00 $1,�00.00 MOTION by Ceuncilman Liebl to pay the foregoing �stimates. Secondeu by Councilman Shericlan. Upon a voice vote all votina aye, Mavar Kirlrham declared the motion carrizd. COMMIINICP.TIONS 21. �CRN DOSJNAY RPIQUESTING D�LAY IN MOVIPdG OP' BILLBOARD The Crtq Enqineer explained that this billboard is south of the Target Gdare- house alonJ I-iighway #65. When a su?`vey was ran �t was found that the billboard was on the City right oP wap. A letter iaas sznt aslcin9 them to remove rt promptly They would like to re-locate the s�gn. Now tlZe City Ordisiance requires a special use perrnit and they are geing through the regular precedures for obtaining one. They are asking ior an extension of time in ir,oving th� billboard. C�uncilman Sa.nuelson said that speak�ng for hirnsel�, he �elt that it should come dc+wn as soon as possible and chc Citp shouid not be cluttered up with bil]boards. iie woulcl vote for denial ef the special use permit. The Council agreed that the siqn should come down. NOTION by Ccuncilman Liebl Lo �.nstruct the Adminisiration to send a lett�r stating that th� Counczl would like the billboard te come down as soon as possible. Secon�ed by Councilman Samuelson, Upon a voice vote, a11 voting aye, Mayor k.irkham declared the mot�on carried P.EAFEIRMATION OF RESOLUTION #208-1969 REOUESTING HOOKUP TO N.S.S.S.D. LINES - PROJ�CT �97: MOTION by Councilrnan Sanuelson to reaf£irm Resolution #208-1969. Seconded by Councilman Sherician. Upon a voice votee all voting aye, Mayor Kirkham declarecl L-he rnotion carried. RS,SOLUTIOiQ #209-1969 - P,�SOLUTION ALITIIORIZING THL' EXECUTION OF A RIDrR TO ^1I-L AGRLh`P1L�NT BETWPEPS lEIE CITY OP FRI➢LPV AND TH� BOARD OF RTAT�R COMMISSIOi�1�RS OP TH7 CITY OP ST. PAUL: MOTION hy Councilman Sheridan to adopt Resolatien #209•1969, Seconded by C�uncil� m3n Samuclson. IIpon a voice vote �11 voting aye, Mayor Ilirkham declared the motion carrizd ' , ' ' � �� REGULAR COUNCIL MEETING OF DECEMBER 15, 1969 PAGE 16 RESOLUTION #210-1969 ^ RESOLUTION REQU�STING TAX MONEY COLLECTED BY TH� COUNTY, BE TURYdED OVER TO THE D4UNICIPALITIE5 PROMPTLY: MOTION by Councilman Sheridan to adopt Resolution #210-1969. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. It was agreed by the Council that copies of the Resolution should be forwarded to the four school districts and the County Commissioners. RESOLUTION �211-1969 - RESOLUTION AUTHORIZING THL CfiANGING OF THE THE GENERAL FUND- MOTION by Councilman Samuelson to adopt Resolution ik211-1969. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried RESOLUTION #212-1969 - RESOLUTION AUTHORIZING AND DIRECTING THE SPLITTING OF SPECIAL ASSESSML'NTS ON LOT 15, PARCEL 2300� AUDITOR'S SUBDIVISION #23� AND REPLATTING A PORTION INTO VEIT'S ADDITION• MOTION by Councilman Sheridan to adopt Resolution �212-1969. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kixkham declared the motion carried. RESOLUTION #213 - RESOLUTION AUTHORIZING AND DIRECTING THE SPLITTING OF SPECIAL ASSESSMENTS ON BLOCKS 21, 22, AND 23, FRTDLEY PARK ADDSTION, AND REPLATTING INTO TRACTS A, B, C, AND D, REGISTERED LAND SURVEY N0.19 . MOTION by Councilman Liebl to adopt Resolution #213-1969 Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried RESOLUTION #214-1969 - RESOLUTION AUTHORIZING AVD DIRECTING THE SPLITTING OF SPECIAL ASSESSMENTS ON PARCELS 4720� 4760� AND 4780� ALL PART OF OUTLDT 1� MELODY MANOR ADDITION, AND REPLATTING INTO MAPLE MANOR ADDITION� MOTION by Councilman Liebl to adopt Resolution #Z14-1969. Seconded by Council- man Samuelson. Upon a voice vote, all voting aye, Mapor Kirkham declared the motion carried. RESOLUTION #215-1969 - RESOLUTION REGARDING NORTH SUBURBAN SANITARY SEWER DISTRICT POR THE DISMISSAL OF APPEAL OF THE DISTRICT TO TI-IE SUPREME COURT- MOTION by Councilman Sheridan to adopt Resalution �215-1969. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham delcared the motion carried. The City Attorney stated that the attorney for the District drew up the first � draft, the City Attorney made some changes and the final form was approve by both attoxneys. DISCUSSION R�GARDING RIGHT OF WAY COSTS FOR IMPROVING TH� TEMPORARY DIKE IN RIVERVIEW HEIGHTS AREA UNDER ST 1969-3 The City Engineer said that he wanted to bring to the attention of the Council the fact that the figures given to the people at the Public Hearing did not include �Q REGOLAR COUNCIL MEETING OF DECEMBER 15� 1969 PAGE 17 the cost of acquisition oP right of ways. At that time it was thought that the , land would be donated. The Council designated that the right of ways should be paid for as all the right of ways could not be obtained free, so zt was felt that everyone should be paid, The cost of the pro7ect is now about $65,000. There has been about $3300 expended for the right of ways to date. The people on Riverview Terrace feel that there should also be reimbursed for the lost trees and shrubbery at a cost of about $300 per tree. The City Attorney commented that the apprazsers will probably award for considerably less than the people are asking for. The City Engineer said that there is money left zn the general fund and the Public Works fund for 1969. He wondered if some oE this money could not be used for right of way acquisition for the dike easements. He warned that the people in the area will be upset when they find out their assessments. Councilman Sheridan asked how much over the estimate this was. The City �ngineer said that the pro7ect came in about 20°o higher than the engin- eering estimate and there could be $10,000 to $15,OD0 for the right of way acquisition. There are about 27 property owners involved. Councilman Sheridan suggested another hearing to apprise the people of the new fiqures. The City Attorney advised waiting for the commissioners awards so that more exact figures could be given. People will be getting cash for their property which should help somewhat, even though they will be assessed at a higher rate. The City Engineer said that the Street Department will not be using all the funds they still have le�t Councilman Liebl said that he was grateful that the City Lngineer brought this up. The people were advised that the pro7ect wi11 cost more if condemnations must be made. Councilman Samuelson questioned the wisdom of taking funds from the General Fund and thought that they should come from , the Public Works fund. Councilman Liebl pointed out that the maintenance is much more costly in this area. Councilman Samuelson said that the improvement would reduce the maintenance costs 7ustifying the use of the funds, The City Engineer suggested settzng aside $10,000 for use on this project. The acquisition costs would be about 200 of the total project cost. He pointed out that there was also the question of how much Federal funds would be forthcoming, MOTION by Councilman Sheridan to authorize the Adm�nistration to remove from the Public Works budget the sum of about $10,000 to be applied to the construction pro7ect St_ 1969-3, Seconded by Councilman 5amuelson. Upon a voice vote� all votzng aye, Mayor Kirkham declared the motion carried. REAFFIRMATION OP RP,SOLUTION #199-1969 - ORDERING PLANS AND SPECIFICATIONS FOR HOOKING UP CERTAIN AR�AS TO N.S.S.S.D. LINES - PRO�ECT #97 AND REAFFIRMRTSON OF RESOLUTSON #207�1969 - R�CESVTNG AND APPROVING PLANS AND FICATIONS FOR HOOKING UP CERTAIN AP.EAS TO N.S.S.S.D. LINES: The City Engineer explained that these and the following Resolutions have not been typed due to ill health. He asked that the reaffirming of Resolutions #199- 1969 and k207-1969 be tabled, RESOLUTION #216-1969 - RESOLUTION ORDERING PRELIMINARY PLANS AND SPFCIFICATIONS ' FOR WATER LINE, PROJ�CT #98^ MOTION by Councilman Sheridan to adopt Resolution #Z16-1969. Seconded by Councilman Samuelson. Upon a voice vote� all voting aye, Mayor Kirkham declared the mota.on carried. �� REGULAR COUNCIL MF.ETING OF DECEMBER 15� 1969 PAGE 18 � RESOLIITION #217-1969 - RESOLUTION RECEIVING PRELIMINARY PL�NS AND SPECIFICATIONS AND ORDERING PUBLIC HEARING, W�TER LINE, PROJECT #98: MOTION by Councilman Sheridan to adopt Resolution #217-1969. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. RESOLUTION #218-1969 - RESOLOTION ORDERISdG IMPROVEMENT, FINAL PLANS Ar3D SPECIFICATIONS AND ESTIMATES OF COSTS THEREOF• STREET IMPROV�MENT PROJECT ST 1970-1• MOTION by Councilman Liebl to adopt Resolution #218-1969. Seconded by Council- man Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried MEMORANDUM FROM CITY MA.NAGER REGARDING HOLIDAX SCHEDUL� The City Manager explained that he recommended the same pxodecure as last year. This is that City Ha11 close at 12 00 Noon December 24th and December 31st, and 500 of the employees be g�ven the day after Christmas off and the other SOo the day after New Years. Provisions would be made so that there are stand-by employees for emergency work. MOTION by Councilman Samuelson to concur with the recommendation of the City 1 Manager. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. - P�SOLUTION #219-1969 - RESOLOTION IN OPPOSITION TO YOUNG SOCIALIST ALLIANCE Mayor Kirkham said that he noticed an article in the Minneapolis Tribune about the Young Socialist Alliance holding a convention at the University of Minnesota. This is an admitted Communist organization and he felt that a tax supported institution should not be used by a Communist organization. MOTION py Councilman Samuelsen to adopt Resolution �219-1969. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. It was agreed that this Resolution should be sent to the Regents of the University, the Legislators, and the Governor. CONSIDERATION OF SETTING DATE FOR FIRST COUNCIL MEETING OF 1970: It was pointed out that the Charter states that the Council Meeting should be the first working day after the first oF the year. As long as Crty Hall will be opzn January 2nd, this would be the first working day It was agreed to set the date for Monday, January 5, 1970 for the first Council Meeting of the New Year. ADJOURNMENT: � MOTION by Councilman Liebl to ad�ourn the Meeting. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the Regular Council Meeting of December 15, 1969 ad�ourned at 11:45 P,M. � Respectfully submitted, � JT" � �i�'��'1'�c� [ U->�� G � /�;'/� �r �- . uel Mercer t ack O. Kirkham Secretary to the City Council - Mayor