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01/05/1970 - 00019061;� 2 TI-I� MINUTES OF THE REGULAR COUNCIL MEETING OF .7ANUARY 5� 1970 Mayor Kirkham called the Regular Council Meeting of January 5, 1970 to order at 8:42 F M. PLEDGE OF ALL�GIANCE: The Council and audience 7oined in saying the Pledge of Allegiance to the Flag. SNVOCATION: Father Keefe, St. Williams Catholic Church offered the Invocation, SEATING OF THE TF3IRD WARD COUNCILMAN: The Ca.ty Clerk administered the oath of office to Frank G. Liebl� re^ elected Councilman of the Third Ward, and issued the Certi£icate o� Election. ROLL CALL- tIEMBERS PRESSNT MS�MBERS ABSENT: Kirkham, Sheridan, Harris, Liebl, Samuelson (Samuelson resumed his seat on the Council until the Breider - Mittelstadt court case is settled. Timothy Breider's Certificate oP Election cannot be issued until the court decision is handed down.) None APPROVAL OF THE MINUTES OF THE R�GULAR COUNCIL MEETING OP DECEMBER 15, 1969: MOTION by Councilman Harris to adopt the Minutes o£ the Regular Council Meeting of December 15, 1969 as presented. Seconded by Councilman Sheridan. [Ipon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. ADOPTION OF AGENDA: Mayor Kirkham stated that in view of the election contest in the 'First Ward, until that contest is resolved, the Council felt it necessary to lay over the following items. #1. Hyde Park Rezonzng #2. Howard Dumphy Planned Development Plan #16) #17) appointments to Commrttees, Boards and Commissions #18) The following are to be added: 15A Resolution Extending Term of Of�ice on All Boards and Commissions Until New Appointments are Made. 36. Ordinance to Prohibit Trucks on Certain Designated Streets in the City of Fridley 37. Receiving Letters Concerning Council's Stand in Opposition to Young Socialist Alliance. � J � �� REGULAR COUNCiL MEETING OF JANOARY 5� 197D PAGE 2 � MOTION by Councilman Samuelson to adopt the Agenda as amended. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, P4apor Kirkham declaxed the motion carried unanimously. Mr. G.H. Hanratty, 722 Midland Bank Building, Minneapolis, Attorney for Howard Dumphy said that he would ob7ect to laying the Dumphy Planned Develop- ment Plan over, as it would not take any more than are now present, and he would ask that this be acted on this evening Mayor Kirkham said that he understood that Mr. Dumphy was in a serious position, but it was felt that until the court case is resolved that no action should be taken. Mr. Hanratty said that it would not take a new Councilman to fulfill the court commit- ment made. Mr Carl Paulson asked if it would not be possible that the City would be held liable for the recovery of the money that Mr. Dumphy would stand to lose through the delay by the Council. The City Attorney said that this would be theoretically possible. Mr. Hanratty said that they would have to attempt to regain this lost money and that they feel that with every day lost there is more damage incurring. The stipulatzon was made in open court and should be passed. Mayor Kirkham asked the City Attorney if there was any question concerning Councilman Samuelson's right to voter The City Attorney replied that Councilman Samuelson is entitled to vote until the successor is seated and does have full voting privileges. MOTION by Councilman Sheridan to reconsider the vote on the adoption of the Agenda, and bring the item: Consideration of Development Plan o� Planned � Development, Howard Dumphy, back for consideration. Seconded by Councilman Harris. IIpon a voice vote, Kirkham, Harris, Samuelson and Sheridan voting aye, Liebl vota.ng nay, Mayor Kirkham declared the motion carxied. VISITORS: Mr. Russell Thompson, Northern Pacific Railway Company, said that they have a special use permit and a rezoning in a sma11 area oE the City between 40th and 43rd Avenues and would like to have this placed on the next possible Agenda. They have appeared before the Planning Commission on three different occasions and before the Board of Appeals twice, After some dis- cussion, it was aetermined that it would not be possible to meet the legal requa.rements concerning the publication of the Public Hearing for the rezoning for the Meeting of January 19th, so it would have to be the Public Hearing night in Feb. At that time they could also act on the variance and special use permit requested. MOTION by Councilman Harra.s to set the Public Hearing date for the Northern Pacific Railway rezoning for February 9, 1970. Seconded by Councilman Sheridan Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. OF DEVELOPMENT PLAN OF PLANNED DEVELOPMENT (P.S '�68-1 HOWARD ➢UMPHY � Councilman Harris said that although he was not in attendance at the last Meeting, he understood that Mr, Dumphy had agreed to find another parking space rather than use Lots 32 through 35. Mr Dumphy said yes, it was agreed that to ofE set the loss of these 9 parking spaces, he would make some other arrangements Mr. Solverson said that the area along East River �� R�GULAP. COUNCIL MEETING OF JANUARY 5, 1970 PAGE 3 Road could be increased to make room for additional parking spaces. Under � the old ordinance there was no problem. They �elt that it would be better to have the row of cars on Lots 32 through 35, rather than along East River Road There would be complete screening from the ad7acent area. �ayor Kirkham commented that he felt that they have done a marvelous job and have cooperated �n trying to wme up with a plan acceptable to the City o£ Fridley. Councilman Harris said that he had no objection to the plan but his understanding was that the lots in question were to be grass and not parking. He said that he wanted the Council to opexate within the boundaries set by the court stipulation. Councilman Lieb1 said that he was a Council� man who had voted against this and he was never given an opportunity to state in court why he had done so. He felt that there was a large pet�t�on with about 200 people signing it indicating to the Council that they would Iike to see this done in a different manner, He said that he wds dis, appointed that he did not have an opportunity to bring this out and that perhaps had he been able to speak, there would have been a diPferent ruling. Councilman Sheridan said that he agreed with Councilman Harris' interpreta- tion of the court stipulation, that the four lots could be used in figuring total land area but not as parking. With the deletion of the parking on those lots, he felt that the concept could be adopted. There should be some designation by legal description of which area would be used for multiples and which for commercial so that the developer can proceed with both en- , tities of the Planned Development program. He said that he understood that the land area is not large enough for 108 units, but he £elt that to require the developer to redraw the plans to reduce by four units to meet the criteria set forth for R-3 districts would not be feasible. There is not a sufficient difference to require redrawing. Mayor Kirkham said that he felt that it would be within the realm of the Council's power to change the number of units with the eliminatYOn of the parking area. Councilman Harris asked if there were garages at the corners of the buildings, and rilr. Dumphy replied that at each end of the building there is an under- ground area. They are covered parking spaces. Councilman Harris asked if this would cost more in addition to the regular rent chaxged for the units and b1r. Dumphy replied no, the garage and unit would be rented as one. The parking spot would be designated for each unit. He added that they have agreed to meet the new ordinance. Councilman Liebl asked if this proposal does meet the new ordinance and the City Engineer replied that it does with the additional parking spaces Councilman Sheridan pointed out that the exact location of the parking spaces could be left until the time that he applied for a building permit. I3e will have to have the exact plans then, Counczlman Harris indicated to Mr Dumphy that he should work w,tth the City Engineer to figure out other arrangements for the 9 parking spaces in another location. The City Engineer sazd that the ordinance requires 1�z parking spaces for a one bedroom apartment and two for a two bedreom unit. There are 21 two bedroom units and 87 one bedroom units and 178 parking spaces. He added that the Planning Commission feel that there should be � two parking spaces for each dwelling, This is because oE the popularzty of snowmobiles, boats, etc. The people use the car space to park their equip- ment. P1r, Solverson asked if there was any guarantee that they would not be expected to come up with two parking spaces per unit and Mayor Kirkham an- swered that a change raould not be possible i£ the plan is adopted tonight, REGULAR COUNCIL MEETING OE JANUARY 5, 1970 Page 4 � MOTION by Councilman Sheridan to adopt the Planned Development Plan requested by Howard Dumphy for Block 1 and 2, Bordeaux Spring Brook Park Addition to be used for commercial, and the residential to be Lots 1 through 17, B1ock 1, Spring Brook Park 2nd Addition. � � It was agreed through further discussion that the 9 parking spaces w�re to be relocated. The plan adopted at this time is to be identified by the Engineering Department by date of approvaL The Crty Engineer recommended that the property be resurveyed and replatted as there will be of necessrty splitting of land and vacations. Mr Dumphy said tnat they plan to do this. Council- man Sheridan said that he would prefer a plat rather than a xegistered land survey. THE MOTION was seconded by Councilman Aarris. Upon a Voice vote, Sheridan, Kirkham, and Harris voting aye, Liebl voting nay, and Samuelson abstaining, Mayor Kirkham declared the motion oarried. MOTI�N by Councilman Harris that before the developer starts construction, he is to present a plat to the Council showing PYSase A and Phase B. Seconded by Councilman Sheridan. Upon a voice vote, Sheridan, Kirkham, Harris voting aye, Liebl voting nay and Samuelson abstaining, Mayour Kirkham ** declared the motion carried. FIRST READING OF AN ORDINANCE UNDER SECTION 12.07 OF THE FRTDLEY CITY CHARTER TO VACATE STREESS AND ALLEYS AND AMEND APPENDIX C OF THE CITY CODE: (SAV. #69-07) Five Sands MOTION by Councilman Harris 'to approve the Ordinance on first reading and waive the reading. Seconded by Councilman Sheridan. Upon a roll call vote, Sheridan, Kirkham, Lieb1 and I-Iarris voting aye, Samuelson abstaining, Mayor Kirkham declared the motion carried. The City Engineer pointed out that there was a deed for a turn around which needed execution by the City Manager and the Mayor MOTION by Councilman Sheridan to authorize the City Manager and �he Mayor signing the deed. Seconded by Councilman Harris. Upon a voice vote, Sheridan, Kirkham, Lieb1 and Harris voting aye, Samuelson abstaining, Mayor Kirkham declared the motion carried AWARDING CONTRACT FOR WORKMEN'S COMPSNSATION TNSURANC�: (Bids Opened December 15, 1969 at 11:OD A.M., Received December 15, 1969 at Council Meeting) AGENT 1) 2) 3) 4) 5) 6) 7) Endsley Endsley* Ingrassia Rice Creek Agy Pearson Pearson Carr Preuss COMPANY Western Casualty Firemans Fund Sentry Mutual Creamery Liberty Ins, Liberty Ins . Agricul.tural BEST RATING PER SPECIFICATIONS T�RM A+AAAA no 3 years A+AAAA no 3 years A+AAAA yes 1 year A+AAAA yes 1 year A+AAAA no 3 years A+AP.AA no 3 years A+AAAA yes 1 year * Joint Agencies - Endsley - Anderson Aqency ** M1.nutes corrected changinq Li.ebl�s Vote �fYOm aye to nay, aanuary 19, 1970, (1 iee tj �,�1 �� 1) Z) 3) 4) 5) 6) 7) REGULAR WUNCIL MEETING OF JANUARY 5, 1970 Workmen's Compensation Insurance Continuad STANDARD PREMIIIM 1 Vr. 3 yr. est $20,385 19,342 17,765 19,341 20,385 20,385 17,767 $61,155 58,026 61,155 61,155 PREMIUM AT 40% LOSS LEVEL MAXIMUM PREMIUM 1 vr. 3 vr. 1 vr. 3 vr $16�178 (ave) $48�534 $22,424 13,512 (aveJ 40,536 19,342 15,989 ------- 15,989 16,440 ---�-- 16,440 14�107 (ave) 42,321 21�669 14,481 43,443 21,669 15,219 �----- 17,767 (ave) $67,272 (ave} 58,5I2 (ave) 65,007 (ave} 65,007 PAGE 5 , NL�IXIMUM PREMIUM 1 yr. 3 yr. $9�173(aVe) $27�519 7,947(ave) 23,841 15,989 ------ 16,440 ------ 10,396(ave) 31,185 8,664(ave) 25,992 12,263 ------ Councilman Sheridan asked if the speciFications were on a one year basis and the Finance Director said yes. MOTION by Councilman Sheridan to award the bid to Agricultural Insurance Company. Seconded by Counezlman Harris ior discussion. Mr. Lee Douglas, Representative of Hachman-Anderson, Inc. said that there are some advantages to a three year plan, however� he was not sure that the City can legally purchase insurance protection where there is a potential assessment, which is the case with retrospective plans. He also pointed out that the City might enjoy two years at a verp low loss level, then have a third year which would be bad and preclude retnrn of any two year premium. The City Attorney said that he had advised the Finance Director that as long as the bidding was done on a one year basis, and wexe advertised as such, he did not feel that the three year bids could be considered. He said that he dzd not know if the City could accept a r.etrospective rate as that plan would be assessable. This would have to be a three year plan without penalty. Councilman Harris asked Mr. Douglas if he would advise considering advertising for a one plus plan next year if no penalty, and Mr, Douglas said that he felt that it should be oonsidered. Councilman Sheridan suggested that the Administration call this to the attention of the Council when the speci� fications are drawn for next year. Mr. Douglas said that the size of the premiums must be considered also and a death would wipe out a dividend. THE VOTE UPON THE MOTION, being a Vo1ce vote, dll Voting aye� MdyoY Klrkham declared the motion carried unanimously. COUNCILMIllV SAMUELSON LEFT THE COUNCIL MEETING AT 9.25 P.M, FIRST READING OF AN ORDINANC� UNDER SECTION 12.07 OF THE FRIDLEY CITY CHPIRTER TO VACATE STREETS AND ALLEYS AND AM�ND APPENDIX C OF THE CITY CODE: (SAV #69-10) Thomas Albers Councilman Sheridan said that there was a fire hydrant in the area to be vacated and it should be at Mr. Albers expense to move the hpdrant. MOTION by Councilman Sheridan to approve the Ordznance on first reading and waive the reading, with the understanding that P9r. Albers wi11 bear the cost of moving the hydrant. Seconded by Councilman Harris. Upon a roll ca11 vote, Kirkham, Liebl, Harris, Sheridan voting aye, Mayor Kirkham declared the motion carried, �J , �� REGULAR COUNCIL MEETING OF JANUARY 5� 1970 PAGE 6 � ORDINANCE #444 - AN ORDINANCE UNDER SECTION 12.07 OF THE P12IDLEY CITY CAARTER TO VACATE STREETS AN➢ ALLEYS AND AMEDID APPENDIX C OF THE CITY CODE- Mike O'Bannon MOTION by Councilman Lieb1 to adopt Ordinance #444 on second reading, waive the reading, and publish. Seconded by Councilman Sheridan. Upon a ro11 call vote, Sheridan, Kirkham, Liebl, and Harris voting aye, Mayor Kirkham declared the motion carried. 445 - AN ORDINANCE AMENDING FRIDLEY CITY CODL' CHAPTER 78 (Snowmobiles) The City Attorney pointed out that as the Ordinance appears in the Agenda, the heading is incorrect. It should be amended from "Fridley Ordinance #78" to "Fridley City Code Chapter �`78". Councilman Liebl said that he had reoeived some ca11s irom citizens con- cerning snowmobiles in Locke Park. The people felt that the snowmobile area should be increased, considering the great number of vehicles that use this area. They would like to be able to go back into the woods farther. Council- man Harris agreed that he did not feel that the snowmobiling area was .i�ig enough to accommodate the number of vehicles that use the facilrty. They would like to be able to go back farther into the trees where the scenery is prettier. He pointed out that the Ordinance does not designate areas, but � leaves this up to the Parks and Recreation Director, He suggested to the people that called him that they contact the Parks Director on enlarging the area. He did agree, however, that the snowmobiles must be kept out of the smaller pazks. It was pointed out that when the City gets the Open Space land, that this will be an excellent area for snowmobiling MOTION by Councilman Liebl to adopt Ordinance #445 on second reading, waive the reading and order publication. Seconded by Councilman Sheridan. MOTION by Councilman Sheridan to amend the heading on this, and the following Ordinance to read: An Ordinance Amending Fridley City Code Chapter 78 and 88 respectively. The motion was seconded and upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. THE VOTE UPON THE MOTION to adopt the Ordinance, being a ro11 call vote, Sheridan, Kirkham, Liebl and Harris voting aye, Mayar Kirkham declared the motion carried, OR]JINANCE #446 - AN ORDINANCE AMENDING FRIDLEY CITY CODE CHAPTER 88 (Snowmobiles) MOTION by Councilman Liebl to adopt Ordinance �r446 on second reading� waive the reading, and order publication. SEconded by Councilman Sheridan, Upon a roll call vote, Sheridan, Kirkham, Liebl and Harris voting aye, Mayor Kirkham declared the motion carried. � REAFFIRMATION OF R�SOLUTION #199-1969 - ORDERING PLANS AND SPECIFICATIONS FOR HOOKING UP CERTAIN AREAS TO N.S.S.S.D. LINES - PROJECT #97 MOTION by Councilman Lieb1 to reaffirm Resolution #199-1969. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. �� � R�GULAR COUNCIL MEETING OF JANUARY 5, 1970 PAGE 7 REAFFTRMATION OF RESOLUTION #207-1969 - RECEIVING AND APPROVING PLANS AND � SPECIFICA^120NS FOR HOOKING UP CERTAIN AREAS TO NSSSSD LINES ^ PROJECT #97: MOTION by Councilman IIarris to reaffzrm Resolution #207-1969. Seconded by Councilman Sheridan. Upon a voice vote, a11 voting aye, Mayor Kirkham declared the motion carried. iZEAFF2kMATION OF RESOLUPION #216-1969 - ORDERING PRELIMINARY PT,ANS� SPECI-- FICATIONS AND ESTIMATES OF COSTS, WATL�R IMPROVEM�NT PROJECT #98: MOTION by Councilman Harris to reaffirm Resolution #216�1969. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried, REAFFIRMATTON OF RESOLUTION #217-1969 ^ RECEIVING PRELIMINARY REPORT AND CALLING A PUBLIC HEARING, WATER IMPROVEMENT PROJECT #98: MOTION by Councilman Liebl to reaffirm Resolution #217-1969. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. Councilman Liebl commented that he would like to make sure that the �'inance Director made note of the discussion held previously that the man who lives on the corner of 61'� Way and East River Road should be assessed on a side yard basis, rather than by front footage. It was brought out that he would ' receive no benefit from the improvement of 61� Way as his house and garage both face East River Road. His address is an East River Road address, The Finance Director said that addresses are not used, but rather how the area was platted. In the calculations, the way the lot faces is used regardless o£ how the house faces. The City Manager suggested that this man replat his 3+ lots into one 1ot to eliminate this problem. COUNCILPIAN SAMUELSON REJOINED THE MEETING, A Representative from Orbit Investment Company� interested in building homes on 61=z Way, said that everything is ready to go, however, F.H.A needs something stating that there is no drainage problem. They are proposing to put in a blacktop swale in the alley to accomplish two things, First� there will be a minimal drainage and secondly� it wa.11 be blacktopped for use of emergency vehicles. They want the City to put it in and then assess it back to them. They now need a letter from the City stating that there will be no drainage problems to the north. The City Engineer said that in this area there is a very minimal drainage system. What a.s being proposed is also qurte minimal, but it would probably work £or a while. A porta.on of two lots a.s to be held as a sump to hold the spring water. This is not the best plan, but as long as there are no plans for a storm sewer in East River Road it could work for a while. The water drains to the north to 63rd Way, then to East River Road. There is about a � .3o grade, This would all be surface drainage, but should create no problems except in the spring run-off. There will eventually have to be a more suitable solution, The alley would be swale, then to the north of 62nd Way it will stay a dirt alley. REGULAR COUNCIL MEETING OF JANUARY 5, 1970 PAGE 8 � Councilman Sheridan asked if the run-off goes onto pra.vate property, would not the City have a problem. The City Engineer said that the water does this now. Councilman Sheridan asked how the City could guarantee the water draining on the dirt portion. Mayor Kirkham commented that without black- topping all the way to 63rd Way, l�e did not see how a letter could be wrrtten. The Representative said that they were not speaking of a great deal of water. The only problem would be in the spring time. The F.H.A. understands that there will be storm sewer in the area sometime. Councilman Harris said that the City could not take the position that this swale is in any way a permanent solution. Councilman Sheridan said that the letter could state, however, that this is a minimal temporarv solution. MOTION by Councilman Harris to authorize the letter stating that this is to be considered only a temporary minimal solution, and that there are no pending storm sewer assessments at this time. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. DESIGNATING DEPOSITORY FOR CITY FUNDS: (Chapter 7 13) MOTION by Councilman Harris to designate Fridley State Bank as the City of Fridley's depository, Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. � RESOLUTION #1-1970 - RESOLUTION DESIGNATING LEGAL NEWSPAPER: (Chapter 12.01) MOTION by Councilman Aarris to designate Fridley Sun as the City of Fxidley's legal newspaper, and adopt Resolution #1-197C. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, �layor Kirkham declared the motion carried unanimously. RESOLUTION #2-1970 - RESOLUTION SETTING COONCIL MEETING DAY AND TIME: (Charter 3.01 as amended) It was agreed by the Council to hold the Regular Council Aleetings on the First and Third Mondays of the month and the Public Hearing Meeting on the second Monday of the month, Meetings to start at 7:30 F M. MOTION by Councilman 5heridan to adopt Resolution #2-1970. Seconded by Councilman Lieb1. Upon a voice vote, all voting aye, Dlayor Klrkham declared the motion carried unanimously. RESOLUTION #3-1970 - RESOLUTION EXTENDING T�RMS ON BOAP,IlS AND COMMTSS20NS OF THE CITY OF FRIDLEY: MOTION by Councilman Harris to adopt Resolution �r3-1970. Seconded by Council- man Lierl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. � � ix � ��� R�GULAR COUNCIL MEETING OF JANUARY 5� 1970 PAGE 9 REC�IVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF DECEMBER 17� 1969 It was pmnted out that the �tems for Northern Pacific Railway have already been taken care of by setting the Public Hearing date for the rezoning for Pebruary 9, 1970. 1 SPECIAL USE PERMIT (SP #69-02) HARLAND P. BERRY� FOR DOUBLE B�NGALOW IN R-1 DISTRICT• Lot 1, Block 1, Ostman's 3rd Addition The City Engineer explained that this is for a corner lot and the Planning Commission recommended approval of the plan, sub�ect to some conditions found in the Board of Appeals Minutes. fle then showe$ the lot on the screen. Initially NLr. Berry indicated that he would be willing to give the dedications needed but since then the people that are going to be buying the double bungalow have ob7ected to the dedications. Mr. Berry brought the plans forward for a discussion at the Council table. MOTION by Councilman Harris to approve the plan sub7ect to the Boaxd of Appeals and Planning Commission recommendations and subject to a 40' ease- ment on the east side of the 1ot, a 20� easement on the west side and a triangular piece of property in the southwest corner of the lot. The motion was seconded and upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanunously 2. APARTMENT SURVEY REPORT AND LAND US� AND TAX SURVEY REPORT: The City Engineer passed out the reports for the Conncil to study. MOTION by Councilman Samuelson to receive the report, Seconded by Council- man Sheridan. Upon a voice vote, a11 voting aye, Mayor Kirkham declared the motion carried unanimously. MOTION by Councilman Liebl to receive the Minutes of the Planning Commission Meeting of December 17, 1969, Seconded by Councilman Samuelson. Upon a voice vote, all voting aye� Mayor Kirkham declared the motion carr�ed unanimously. RECEIVING THE MINUTES OF THE BUILDING STANDARDS-DESIGN CONTROL SUHCOMMITTEE M�ETING OF D�CEMBER 18, 1969 CONSIDERATION OF A RE�EST R BLENDING WATER TREATMENT CHEMICALS TO BE LOCATED ON LOT WAREHOUSE COb1MfiRCE PARK ADDITION� THP� SAME BEING 7541 COMMERCE LANE N,E,� PRIDLEY, MINNESOTA. (REQUEST BY BALCO BUILDING SYSTEMS� INC., 2801 WAYZATA BOULEVARD, MINNEISPOLI5� MINN. 55405): The City Engineer said that this is a request for a building permit �or a building 7ust south of the Food Bonanza in Commerce Park. The Building Board recommended approval subject to their stipulations. He suggested that it should also be made sub7ect to N.S.S.S.D. approval of the effluent, � , , �jI ^� Y � 1 REGULAR COUNCIL MEETING OF SANUARY 5, 1970 PAGE 10 � Councilman Sheridan questioned their not conforming to the aesthetics of the rest of Commerce Park. The other buildings are of concrete block construction. The City Attorney brought up the point that there are some restrictive covenants covering Commerce Park. � Mr. Sack Jarrard of Balco Building Systems came forward with some eleva- tions to present to the Council. There followed a lengthy discussion regarding the aesthetics of the building. MOTION by Councilman Harris to approve the building permit sub7ect to the stipulations of the Building Board and adding� 6. Sub�ect to approval of the effluent by N.S S.S.D 7. That the west wall of the warehouse portion should be brick at least 5' up from the foundation and more at the builders discretion. Seconded by Councilman Samuelson, Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. MOTION by Councilman Liebl to receive the Minutes of the Building Standards- Design Control Subcommittee Meeting of December 18, 1969. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RECEIVING BIDS F January 2, 1970) Sidder Minnesota Onan Corp AWARDING CONTRACT FOR EL�CTRIC GENERATOR: Bid Bond Cert. Check $628.85 Base Bid $12,577.00 (Bids opened Alternate #1 Add $1,568 00 The City Manager explained that there was one bid received and the alternate is for a radiator package for conversion of the unit from City water cooling to radiator cooled, The recommendation is that the alternate be included in the 1971 budget and that the City accept the base bid of $12,577.00. MOTION by Councilman Liebl to concur with the recommendation of the Administration and award the bid for an electric generator to Minnesota Onan Corp in the amount of $12,577.00 with the alternate to be included in the 1971 budget. Seconded by Councilman Sheridan. Upon a voice vote, a11 voting aye, Mayor Kirkham declared the motion carried unanimously. CONSIDERATION OF REQIIEST FOR PERMISSION FOR ANNUAL JAYCEE CHRISTMAS TR�E BURNING The Fire Prevention Bureau Chief stated that the Fire Chief had talked to the Minnesota Aiz Pollution Control Agency and in their opinion, they are the ones that have the �urisdiction� so this apPlication should be directed to them, They indicated that inasmuch as the Jaycees had already gone to the expense of publication of their a.ntentions, that a permrt would be granted MOTION by Councilman Samuelson to approve the request sub�ect to approval of � the Minnesota Pollution Control Agency. Seconded by Councilman Liebl, Upon a voice vote, al1 voting aye, Mayor Kirkham declared the motion carried unanimously. �tJ2 REGULAR COUNCIL MEETING OF JANUARY 5� 1970 PAGE 11 Councilman Sheridan said that he had received an ob�ection to the burning by a constztuent and he told him that under the circumstances, the permit would , probably be granted, Mr Richard Harris, a member of the audience, questioned what would happen to the Christmas trees next year. Also the old shacks and brush piles t$at are now being burned, if the burning a.s prohibited. They have not as yet provided an alternate. The City Manager said that the County is presently exploring a means of disposal by a land fi11 method with the rubbish being baled, hauled away and covered with dirt. Councilman Sheridan commented that although he was not in disagreement with the burning ban, he ob7ected to the Pollution Control Agency putting pressure on the City of Fridley while allowing Northern States Power to continue to pollute the air. CONSIDERATION OF ACCEPTANC� OF A DEED POR LOT 1� BLOCK 3� GREAT NORTHERN INDUSTRIAL CENT�R: MOTION by Councilman Harris to accept the deed and authorize the Mayor and City Manager's signatures. Seconded by Councilman 5amuelson, Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. ORDERING ADDITIONAL STREET LIGHTS AND CHANGES OF LIGHTS: MOTION by Councilman Sheridan to concur with the recommendation of the City Engineer. Seconded by Councilman Samuelson. Opon a voice vote� a11 voting aye, Mayor Kirkham declared the motion carried unanimously. APPROVAL OP FIRE DEPARTMENT PAYROLL: (June through December) � MOTION by Councilman Liebl to approve payment oP the Fzre Department payroll. Seconded by Councilman Sheridan. Upon a voice vote, a11 voting aye, Mayor Kirkham declared the motion carried unanimously. DISCUSSION REGARDING REQUESTED CREDIT FOR WATER HOOKUP CHARGE^ (Mr. Richard E, Osman) The City Manager explained that Mr. Richard Osman� 583D Stinson Slvd� had hooked up to the New Brighton water system and paid connection and other charges to New Brighton in the amount of $333.35. Now there is a water line going into Fridley and he feels that unless he is given credit for the New Brighton charge, erther directly to him by the City of Fridley or through turn over of funds to Frzdley, that he could not hookup to �'ridley. New Brighton has not provided for any reimbursement. MOTION by Councilman Harris to receive the letter from Mr, Richard E. Osman dated December 12, 1969 and deny the request and instruct the Administration to direct a letter to him giving him this information Seconded by Council- man Samuelson, Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. � � � � REGULAR COUNCIL MEETING OF JAN�ARY 5, 1970 PAGE 12 RESOLUTION �4-1970 - RESOLUTION AUTHORIZING TIIE SPLITTING OF SPECIAL ASSESSMENTS ON PARCEL 320� AUDITOR'S SUHDIVISION #92, AND PARCELS 15D AND 250, WORREL`S ADDITION AND REPLATTING SNTO AMBER OAKS ADDITION MOTION by Councilman Harris to adopt Resolution #4-1970. Seoonded by Councilman Sheridan. Upon a voice vote, a11 voting aye, Mayor Kirkham declaxed the motion carried unanimously_ CONSIDERATION OF REQUEST FROM ERICK50N PETROLEUM CORPORATION TO MAINTAIN ROADWAY: The Crty Attorney advised that before the road is maintained, the City should obtain the deed. MOTION by Councilman Lzebl to maintain the roadway as requested upon receipt of the deed. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously ACCEPTING RL^'SIGNATION FROM THOMAS D. COCHRAN, PARKS AND RECREATION COMMISSION: MOTION by Councilman Samuelson to receive the resignation from Thomas D. Cochran dated December 21, 1969, and ask him if he would consider continuinq to serve until the appointments are completed, and authorize a Certificate of Appreciation be prepared. Seconded by Councilman Liebl. Upon a vmce vote, all voting aye, Mayor Kirkham declared the motion carried unan�.mously CLAIMS: MOTION ]�y Councilman Sheridan to authorize payment of General Claims k20152 through '�20360 and Liquor Claims #4017 through #4056. Seconded by Council- man Samuelson. Upon a voice vote, all voting aye, Mayor Kixkham declared the motion carried unanimously. LICENSES MOTION by Councilman Harris to approve the £ollowinq licenses: MIILTIPLE DWELLING - September l� 1969 to September 1, 1970 NAME John E. Kassulker Rt. 2, Box 124 Onamia, Minnesota GAS SERVICES Comfort Heating & A/C 2531 Marshall St. N.E. Mlnneapolis, Minnesota ADDRESS 6530-2nd St, N.E. By. Raymond Fris UNITS 4 FEE $10.00 APPROVED BY Plbg. Insp. ,� V�W� 1G4 REGULAR COUNCIL MEETIffiG OP JANUARY 5, 1970 GAS SERVIC�S (Continued) Clarence E. Nelson Htg. & A/C Box 390, Route �4 Osseo, Minnesota By Clarence E. Nelson William Ridler Plbg. & Htg. 310 West 33rd Street Minneapol�s, Minnesota By� William F. Ridler GENERAL CONTRACTOR Burns/Fallon Contractors 780-lOth Street N.W. New Brighton, Minnesota By: Dennis P. Burns United Construction Co. 4517 Minnetonka &oulevard Minneapolis, Minnesota By: Vincent Rockler HEATING Comfort Heating & A/C 2531 Marshall Street N.E. Minneapolis, Minnesota By: Raymond Fris Clarence E. Nelson Htg. & A/C Box 390, Route �k4 Osseo, Minnesota By: Clarence E. Nelson William Rzdler P1bg. & Htg. 310 West 33rd Street Minneapolis, Minnesota By: William F. Ridler MASONRY Olson Concrete Company 5010 Hills-boro Avenue North New Hope, Minnesota By. Bennie O. Olson SIGN ERECTION Brede Signs 2211 Broadway Avenue N.E. Minneapolis, Minnesota By: Jim Bratlund Meyers Sign Service, Inc, 6416 Highway #7 Minneapolis, Minnesota By: Arthur G. Meyers Schubert Outdaor Adv, Co. 2508 East 25th Street Plinneapolis, Minnesota By• Lawrence H. Schubert PAGE 13 APPROVED BY Plbg. Insp. Plbg. Insp. Bldg. Insp. Bldg. Insp. P1Y�g Insp. Plbg, Insp. Plbg. Tnsp. Bldg. Insp. Bldg. Easp. Hldg, Tnsp, Bldg. Insp. � u � � LJ � � REGULAR COUNCIL MEETING OF JANUARY 5� 1970 SIGN ERECTION (Continued) Naegele Outdoor Adv. Co. of Twin Cities 17Q0 West 78th Street Minneapolis, Minnesota SERVTCE STATION By^ Myron E. Ohland PDQ 6071 Univez'sity Avenue PS.E. Fridley, Minnesota By: Charles West CIGARETTE PDQ 6071 University Avenue N.E. Fridley, Minnesota By: Charles West PAG� 14 APPROVPD .SY Bldg. Insp. Bldg. Insp. & Fire Insp. Chief of Police Seconded by Councilman Samuelson Upon a voice vote, a11 voting aye, Mayor Kirkham declared the motion carried unanimously ESTIMAT�S MOTION by Councilman Harris to approve payment of the following estimates Keys Well Drilling Company 413 North Lexington Parkway St. Paul, Minnesota 55104 PARTIAL Estimate #2 for work completed and construction of Water Improvement Pro�ect '�95, Schedule A-1 according to contract PARTIAL Estimate �2 for work completed and constrnction of Water Improvement Pro�ect #95, Schedule A-2 and A^3 according to contract $11,141.10 $14,156,55 Seconded by Councilman Liebl. Upon a voice vote� all voting aye, Mayor Kirkham declared the motion carried unanimously. REQUEST FOR USE OF COUNCIL CHAMBERS BY METROPOLITAN TRANSIT COMPIISSION� JANUARY 22, 1970, 7_30 P.M MOTION by Councilman Samuelson to approve the use of the Council Chambers� January 22, 1970, by the Metropolitan Transit Commission. Seconded by Councilman LiebL Opon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. Y,v'� ��� � � � v � � � ¢r oc � m � � N � � a w � aw +� 0 � � rG � H N * x RF.GULAR COUNCIT M�ETING OF JANUARY 5� 1970 PAGE 15 REQUEST FOR USE OF COUNCIL CHAMBERS BY GOP COMMITT�E� JANUARY 15� 1970� 8 00 P.M.• MOTIDN by Councilman Sheridan to approve the use of the Council Chambers, January 15, 1970, by the GOP Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carrzed unanimously. FIRST READING OF AN ORDINANCE TO PROHIHIT TRUCKS ON CERTAIN DESIGNATED STREETS IN THE CITY OF FRIDL�Y: MOTION by Councilman Harris to approve the Ordinance on first reading and waive the reading. Seconded by Councilman Liebl. Upon a roll call vote, Sheridan, Kirkham, Liebl, Harris and Samuelson voting aye, Mayor Kirkham declared the motion carried unanimously. RECEIVING LETT�RS CONCERNING STAND OF THE COUNCIL IN OPPOSITION TO THE YOUNG SOCIALIST ALLIANCE Mayor Kirkham reported that he had been challenged to a debate on Channel 11 television which was replayed on KSTP and WLOL Radio. He said that he received a great many telephone calls and since he started keeping track, he totalled over 100, in addition to 37 letters commending the Council on their stand. I3e said that when the action was taken he had no idea they would receive this type of a response. The letters received were from people throughout the central Minnesota area. Councilman Harris, who was not present when the resolution was passed, commended the Council on passing the resolution. Mayor Kirkham commented that he had received one call from a woman who identified herself as a socialist, but refused to identify hersel£ further. She was in opposition to the stand taken. MOTION by Councilman Harris to receive the letters. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. DISCUSSION REGARDING RETURN OF CONNECTiON CHARGES UNDER THE SUPPLEMENTAL USE AGREEMENT WITH NORTH SUBURSAN SANITARY SEWER DISTRICT� The Council discussed the law suit of Johanson, Smith et al which is pending. Shey paid the connection charges under protest. Councilman Harris said that it now appears to be in the best interest of the City to have the law suit dismissed by reimburszng those who have paid This would rid the City of the possibility of further law suits. It was agreed by the Council that the City is morally obligated to return the funds wh�.ch have been held in escrow, Councilman Sheridan questioned whether the money would be returned to the owner or the builder The City Attorney suggested that both names should appear on the check. He indicated that the return of these funds will take time because finding the fee owner is often di£ficult. The costs for handling the matter would be taken out of interest from the money. � � u �� LJ REGULAR COUNCIL MEETING OF JANUARY 5� 1970 PAGE 16 The Finance Director pointed out that to take the money from the Utilities � Fund would deplete the fund while additional costs are beiny accrued for new wells and three additional sewer hookups the City is making to N.S.S.S D. - The Crty Attorney pointed out that the fees for the permits should never be a xevenue xaiser, but should just cover the cost of operation. ! _� �� `� P10TIDN by Councilman Sheridan to instruct the City Attorney, Finance Director and the City Alanager to get together to discuss how this return of the funds should be accomplished and give their recommendations to the Council. Also, to authorize settlement of the law suit of Johanson, Smith et al versus the Ca.ty of Fridley. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. ADJOURN MOTION by Councilman Sheridan to ad�ourn the Meeting. The motion was seconded and upon a voice vote, all voting aye, Mayor Kirkham declared the Regular Council Meeting of Sanuary 5, 1970, ad�ourned at 11:25 P.M. Respectfully submitted, � --; n � ?����e��o� � �—��,lG� / /r[�"'-c�" v . 'v Juel Mercer Secretary to the City Council �It� /,(' �� ��-,�.�'-�t- : ��Jack O. Kirkham Mayor *' Following is the list of letters received supporting stand on Y.S.A. Mrs. Ullman Eor United Neighbors Minneapolis Helena Jatniers S.E. Minneapolis P.E. Baurstrom E1k River, iKinn. Stan Sarta Mankato, Minn. A.J. Flauscha R1ver Fa11s, W1.s. Mrs. Maynard Ingalls Princeten, Minn. H.D Heckenlaible Sandstone, Minn. Roy Christians Bloomington, Minn. Mrs. K.F. Stewart Coon Rapids, Minn. Mayor of Roseville Mayor T. Jorgensen Tylerr Minn. H. Skelly N.E. hlinneapolis J.B, Head for United Veterans Minneapolis Sons of the American Revolution Minneapolis Chapter Mr. Fogarty Eau Clair, Wis. A. Lopez S, Minneapolis D. Srouillar3 Alinneapolis D. Spencer Columbia Hea.ghts K. Cameron Ed1na ��! Dr. Christianson G. Kock Rice Lake, Wis. 5. Minneapolis Mr. & Mrs. Fred Bosak Don Bailey Pridley New Brighton Loren W. LeVan Council N.E. Minneapolis Ed Erickson� Mayor Elect New Hope J.E. Fife Bloomington W. Fresonke Golden Va11ey B, Sorenson Bloomington D. Slater for Minn. Citizens Legislative League St. Paul G W. Russler Minneapolis Bob Dale Minneapolis Russel Pahl Moundsview Dale Simonson Bloomington S Lundgren Richfield H. Radman S Minneapolis R.L. Boe Fridley