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02/16/1970 - 00019005� THE MINUTES OF THE REGULAR COUNCIL MEETING OF FEBRUARY l6, 1970 Mayor Kirkham called the Regular Council Meeting of February 16, 1970 to order at 7:50 P M� PLEDGE OF ALLEGIANCE- Mayor Kirkham requested the audience to �oin the Council in saying the Pledge of A1legiance to the Flag. INVOCATION: Reverend Norman Eitrheim of St, Philip's Lutheran Church offered the Invocation. AOLL CALL: MEMBERS PRESENT Kirkham, Lieb1, Harris, Samuelson, Sheridan MEMBERS ABSENT None APPROVAL OF THE MINUTES OF THE R�GGLAR COUNCIL ME�TING OP' FEBRUARY 2, 1970 � MOTION by Cou.ncilman Harris to adopt the Minutes of the Regular Council Meeting of February 2, 1970 as presented. Seconded by Councilman Samuelson. Upon a voice vote, a11 voting ape, Mayor Kirkham declared the motion carried unanimously. L� APPROVAZ OF THE MINUTES OF TI-IE SPECIAL PUBLIC HEARING AND OF FEBROARY 9, 1970: MOTION bp Councilman Liebl to adopt the Minutes of the Special Public Hearing and Workshop Meeting of Februarp 9, 1970 as presented. Seconded by Councll- man Sheridan. Upon a voice vote, a11 voting aye, Mayor Kirkham declared the motion carried unanimously- ADOPTION OF AGENDA Mayor Kirkham stated that there were two items to add as follows: 22A. Consideration o£ Letter from City Manager Reqarding Post Office. E Under Communications Letter From Prosecutinq Attorney Regarding Casino Royale. MOTION by Councilman Harr�.s to adopt the Agenda as amended. Seconded by Council- man Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. VISITORS Mayor Kirkham asked a.f there was anyone present who wished to speak on any non-Agenda item. Mr. Don Bona, B& E Patrol submitted a report concerning the number of com-- plaints they have had since the first of the year. He said that the City has � di � �ci R�GULIIR COUNCIL MEETING OP PP�BRUARY 16, 197D PAGE 2 received quite a few calls regarding harassment in the vicinity o£ 430 57th � Place. B& E Patrol has received no calls from the man who sent the telegram to the City Manager and spoke to the Minneapolis Star. He said that with two hours service, he felt that they were taking care of a lot of complaints. Mayor Kirkham asked Mr. Bona if the compla�.nt to the paper mentioned anything specific. Mr. Bona sazd that this man called the City Planager on February 11th and the City Manager in turn called B& E Patrol. They sent out a unit to the vicinity of 57th Place, The charge was that his man was throwa.ng something at doqs. His man was using a hand snare which he described as something like a lasso, which is felt to be more humane, and the charge was without basis. Councilman Harris asked how Fridley campared on the report for services ren- dered in 1969 and Mr. Bona sa�,d that Fridley was very high. There were 476 animals picked up and only 72 were claimed, These are animals without dog tags. He said that if there is a dog tag the animal�s owner �.s traced. Councilman Harris asked if perhaps service should not be doubled as the popu- lation has doubled since B& E started patrolling. FIe suggested that it should maybe be expancled to 4 hours a day, Mr. Bona agreed and said that it should be at least 3 hours a day over a 7 day week period, Councilman Samuelson asked if these figures include cats too and Mr. Bona said yes, the Crty of Fridley is one of the Pew communities that have regulations regarding cats. He said that he felt that the number of hours could be increased and stated per week, but the distribution of these hours should be left up to the company. For instance, on a certain day they could patrol Fridley for a fu11 8 hours. Mayor Kirkham said thank you to Mr, Bona for submitting this report to the � Council. DISCUSSION OF JOINT LAW ENE'ORCEMENT COUNCIL Mr. Robert Johnson, Anoka County Attorney, said that first he would like to say that the opening ceremonles for the City CoLmca.l Meeting are very un- pressive. He said that about 4 or 5 years ago the Police Chiefs met once a month for a luncheon to discuss problems that they had, but there was no structure About two years ago the talk was to start some kind of an organization to bring about some coordination. There is now too much over- lapping of services in this era of specialization Tlu s results in duplzcation and fragmentation. The County could do everything proposed by this council, but there would be no 1oca1 representation. It was felt that there should be a way to utilize what we have now without isolatzon and duplication. The Chiefs did not feel that they should have a total voice in the council. This council could analyze the needs for the approach to Federal grants. The Cities of Columbia Heights, Coon Rapids and Anoka and the County of Anoka have now signed the agreement. Councilman IIarris said that this has been discussed to some extent and zt m+as felt that it was in no way a bad idea, however, there should be some pro� tection built in. For instance, should not the 10 additional members of the board be elected since taxation wa.11 result on recommendations with Police Chiefs as advisors. Mr. Johnson said that they would have pledging authoxity� , not taxing authority, The County Board would be levying the taxes and there would be no legal way for the council to levy taxes. The City Attorney asked if the County could modify the budget and the County Attorney said yes. Councilman Harris asked who else would see the budget before it is passed by the County. Mr. Johnson sazd that this is the reason for the local represen- tatzon. Councilman Harris said that another question was whether there should be � � �,;i __ �� � REGULAR COUNCIL MEETING OP FEBRUARY 16� 1970 a mill limit. Mr. Johnson said that there is no mill limit seY.. PAGE 3 Councilman Liebl said, in re£erring to the letter from the County Attoxney that the joint council could facilitate studies on narcotics, communications, purchasing, recruitment� special investigations etc. that he could see where it would be of service in regard to narcotics and communications, but as far as purchasing goes, the City of Fridley has entered into an agreement with Hennepin County on purchasing. The City has taken care of rts own recruiting very satisfactorzly. Mr. Johnson said that these are only examples of possible fields of study. There would be no usurping of 1oca1 authority. The need is to get the municzpalities into this council to keep from duplicating services. It is difficult to apply for any funds as a single small body, but with a whole concept and unified approach the application can be made with a fu11 voice. Councilman fIarris brought up the question of the City paying more than it will receive in services. For instance, with the money the City would be paying out, could we have our own narcotics man? Mr, Johnson said that the County has the authority to levy a tax to provide for one right now. With this council, the municipalities would be a part of the decision making body The Governor's Crime Commission was appointed to do much the same thing. The amount of local input is minimal at this level. If all the municipalities in Anoka County speak with one voice it would be much more meaningfral to the Metropola.tan Council He pointed out that there are automatic check mates within this council by having each municipalzty represented. Councilman Harris felt that the mill rate for the library is higher than the services received by the citizens. He felt that this same money if used by Fridley could have been used Por the City's own Pacility� and have gotten an equal or better service. Mayor Kirkham wondered if even though this group did not have the power to tax, it would stand to reason that the Police Chiefs would want as much as possible, and there would need to be a lock on the purse Mr. Johnson said that it was their feeling that using the Chiefs as part of t7.ac- �ody would bring about more of a total involvement in the council as a whole and bring more unification. Mayor Kirkham commented that by asking questions, he did not mean to infer that it was not a good plan Councilman Harris suggested that a letter be written to the County with the Council's suggestions. After digesting them, the County could send the Council their comments. He felt that this should be reduced to writing. Counca.lman Sheridan said that it appeaxs that PQr, Johnson is not in a posrtion to answer some of these questions at this time. I-Ie asked if it is hoped to get State and Federal money for research, and Mr. Johnson said yes. Council- man Sheridan said that perhaps this is not the time to decide whether to enter into the council or not, but wait and see what the research brings_ Mr. Johnson said thaY. it was difficult to get a number of communrties together with a common goal. They will have to agree on the structure first. Blaine and Spring Lake Park are taking this up this week and he said that he under- stood that this would go through. � Councilman Samuelson suggested that perhaps if there is a Federal grant that there may be too many strings, and the City may have to go along with something rt does not want to. MOTION by Councilman Aarris to ask the Administration to prepare a lettes to be sent to Mr. Johnson to include suggestions the Council has to improve the Joint Law Enforcement Agreement and ask them to reply to the letter. The �PS y� Fl REGULAR COUNCIL MEETING OF FEBR[7ARY 16� 1970 motion was seconded and upon a voice vote� all voting aye� Mayor Kirkham declared the motion carried unanimously. STATEMENT REGARDING CLOSED COUNCIL MEETING PAGE 4 Councilman Harris, with the agreement of the rest o� the Council, said that he would like to reply to a charge made in the editorial section of the Fridley Sun regarding closed Council Meetings. There was a statement made that the week prior to this the Council met in a closed session. The record should show that Northern Pacific� because of the number o� graphs, maps and the magnitude of study necessary asked the Council to meet with them to allow them time for a more full explanation than would be possible at the Public Hearing Meeting. The Council was alerted of the Meetingr but there was not time to alert others, There was no attempt to camouflage or confuse any information. Tt was felt that rather than make the citizen sit through a very lengthy and complex meeting, that many of the questions could be asked at an informal session. He said that he felt that the Council acted within propriety. Councilman Sheridan added that there was no decision made that night and that it was not called as a Special Meeting of the Council. CDNSIDERATION OF AUTOMOBILE ALLOWANCE IN LIEU OF CITY FURNISHING AUTOMOBILE AND LOCAL MIL�AGE: MOTION by Councilman Harris to concur with the recommendation of the City Manager and approve the automobile allowance, Seconded by Councilman Sheridan. The Finance Director asked what the effective date would be. He also pointed out that some �eople have been driving their own cars part of the tune. MOTION AMEND�D by Councilman Sheridan With the agreement of Councilman Hazris to add an effective date of March 1� 1970, with the payments prorated for the balance of the year, and those already provided for in the budget to receive their payment from the lst of the year, and those that have been using their own cars are to figure their mileage costs for the first two months. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. Councilman Liebl asked what about trips to other towns, such as Duluth, and the Finance Director said that this was for within the metropolitan area. DISCUSSION REGARDING ASSESSING PARCELS PERC�NTAGE OF SPECIAL ASSESSMENTS (A.T. Gearman) The Finance Director showed a map at the Council table and explained that special assessments could not be divided Uetween the two parcels unless a lot split was approved. However, the legal description would be too long and the splrt could not be granted according to City ordinance� so the special assess- ments have not been split Mr. Gearman talked to the Engineering Department and they told him that a split was not possible� and they suggested platting. The Crty Engineer added that for a lot split the description has to be only one or two lines, otherwise, property should be platted. Councilman Liebl asked what would be best for the Czty and the City Attorney answered that for property of this magnitude, it should be platted. � � � , � ,� 1 �y e3 REGULAR COUNCIL MEETING OF FEBRUARY 16� 1970 PAGE 5 � MOTION by Councilman Harris to deny a lot split and request that Mr, A,T. Gearman appear before the Council with a proposed plat of his property, acoording to City policy. The Administration is to direct a letter to Mr Gearman outlining the platting procedure. Seconded by CounciLttan Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RECEIVING REPORT FROM NSP IN REGARD TO RELOCATION OF 115 KV LINE: The City Engineer showed a map on the screen and explained the proposed routing, which would proceed west from Main Street along I. 694 in a westerly direction where it would cross the railroad tracks and from that point would go north to 61st Avenue along the west side of the railroad tracks. At 61st the line would then be directed east across the railroad tracks to 7oin the previously approved route to the north. Mr. Larry Benson, Northern States Power Co „ said that they did not anticipate any problems with the right of way, although there are some engineering prob- lems relative to guying. Councilman La.ebl asked if they have received affirmative reports in regard to the inducting interference problems and Mr. Benson said yes, there was a meeting with Great Northern Railway, NSP, Northern Paca.fic and General Cable Corporation and they do not anticipate many problems. Councilman Liebl asked when the completion date was and Mr, Benson said August lst was set by D1r. John Pearce, The date of delivery of � materials is July lst. If that is met, NSP should meet the August lst dead- line. MOTION by Councilman Liebl to receive the report from NSP from G.R. Coleman, Manager, Transmission Line Engineera.ng, Right of Way & Construction, dated February 13, 1970. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. Councilman Harris asked if, when the lines cross the tracks to the west sa.de, a11 the lines are sti11 within the railroad right of way and Mr Senson replied yes. Mr. Benson said that they would appreciate being able to submit thcir weekly reports to the City Engineer or the City Manager Monday night as it is very dif£icult to complete the reports on Friday and get them to the Council by Monday night. MOTION by Councilman Sheridan to accept the proposed routing as presented on the profiles on February 16, 197D, and communicate the City's acceptance in writing to NSP Seconded by Councilman Harris. Opon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. CONSIDERATION OF REFUND OF REC CFIARGES: The Finance Director said that the purpose of the information is to inform the � Council of the activa.ty to date. There is a letter on Page 35 to be sent out to the property owners where the REC charges were less than $200 for Council approval. Following this is a list of those that would receive the refund, Councilman Liebl asked what the question marks were for on Page 47 and 49 under the "Net Refund" column and the Finance Director said that there was not all the information available at the time of compiling the reports. i e� `?° REGULAR COUNCIL MEETING OF FEBRUARY 16, 1970 PAGE 6 MOTION by Councilman Harris to approve the content of the letter drawn up by the Crty Administration regarding the refund of REC charges. Seconded by Councilman Samuelson Upon a voice vote, al1 voting aye, Mayor Kirkham declared the motion carried unanimously. The Finance Director said that $200 per acre is being held back in the areas not having a full main assessment. There are two areas not having the full main assessment. In these areas they are hooked up to the N.S.S.S.D. lines. The City Attorney added that this letter is intended for people that will receive less than $200 in refunds. Councilman Liebl asked if this will resolve the court action. The City Attorney replied yes, upon payment of the refund. Councilman Sheridan suggested that a Public Hearing should be held for those areas not assessed fully for the sewer main. He wondered about the legality of holding back the SZ00 without a Public Hearing. RESOLUTION #24-1970 - RESOLUTION DIRECTING PIIBLICATION OF PUBLIC HEARING ON PROPOSED ASSESSMENT ROLL FOR SANITARY SEWER MAIN FOR AREAS A AND B OF THE CITY OF FRIDLEY MOTION by Councilman Sherxdan to adopt Resolution #24-1970, and call a Public I-Iearing. The motion was seconded and upon a voice vote� all voting aye� Mayor Kirkham declared the motion carried unanimously. The Finance Director asked if there was any reason the people involved 3n the law suit should not be paid. The City Attorney said that he could not see that rt would make any difference when they were paid, The law suit will be settled upon the payment of the refund. It was agreed by the Council to hold everything up until after the Public Hearing, except the return of the refund of those involved in the lawsuit. CONSIDERATION OF POSSISLE CHANGE IN PERSONAL PROPERTY TAX LAWS: The Finance Director said that he felt that the State Statutes should be amended in regard to personal property tax laws, so that the Ca.ty of Eridley would eventually get some credit for the personal property for businesses moving into Fridley and the community they move from should not continue to receive this credit forever. Credit is not given for expansion either. Councilman Liebl said that this would have to go to the House and Senate, but first there should be some groundwork laid. Councilman Harris suggested an appearance before the Metropolitan Council Councilman Liebl said that credit should be given to the Assessor and the Finance Director for pointing this out and bringing this to the attention of the Council, The City Assessor said that for only 3 industries there was about $69,000 lost on these industries moving into Fridley £rom other areas, and there may be more. MOTION by Councilman Sheridan to concur with the Finance Director and ask him to pursue this through the Finance Committee of the Metropolitan Section of the League of Municipalities, and also to bring to the attention of the County Commissioners to elicit thezr support. Coucilman Sheridan felt that other urban communities should also be made aware of this. This could be done through the Finance Director's �'inance Commrttee. � � � � ��� � p REGULAR COUNCIL MEETING OF FEBRUARY 16� 1970 PAGE 7 � Councilman Liebl said that this legislation penalizes those communities that go out and get industries into their city and benefits the bedroom communities. Councilman Harris asked the City Attorney if he could make an appearance before the Metropolitan Council and the City Attorney said that he felt that the League o£ Minnesota Municipalities was a better vehicle, as this is State- wide legislation THE MOTION was seconded and upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RECL�IVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF FEBRUARY 4, 1970: l. PRELIMINARY PLAT P.S #69-12� AND VACATION REQUEST SAV #70-02, SHOR�WOO➢ PLAZA, MAX SALITERMAN. MOTION by Councilman Liebl to set March 9, 1970 for the Public Hearing for the Preliminary Plat and Vacation requested by Max Salrterman. Seconded by Council- man Samuelson. Upon a voice vote, all voting aye, Playor Kirkham declared the motion carried unanimously. 2. REZONING REQUEST ZOA #69-12, ROBERT V. PRITCHARD: South 2/3 of Lot 4� Auditor's Subdivision #108 The City Engineer explained that Mr, Pritchard has requested and the Planning � Commission has concurred in an approval of a 60 day extension until the neighbor- hood concept can be worked out, MOTION by Councilman Liebl to concur, and grant a 60 day extension to Mr. Robert V. Pritchard on his rezoning request. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayox Kirkham declared the motion carried unanimously. 3. REZONING REQUEST ZOA #70-01� NORMAN E. RIED�L- On 5th Street to 7th Street, from Mississippi Street to 63rd Avenue N.E. The Planning Commission is continuing this item so there was no Council action, 4. VACATION REQUEST SAV #70--03� BY CITY DF MINN�APOLIS TO VACATE THAT PART OF MARSHALL STREET AND 43RD AVENUE THAT I�IE INSIDE WATER WORKS PROPERTY• T The City Engineer said that the Planning Commission recommended approval of the vacation request, with stipulations. He suggested that when the PubLic Hearing is held, to also hold that portion tied to the N.S.S.S.D. vacation. MOTION by Councilman Samuelson to set the Public IIearing for the requested vacation of Marshall Street and other streets for March 9, 197D. Seconded by Councilman Sheridan for discussion. Councilman Sheridan asked if there was a letter from both sides o£ the street in � favor of the vacation, could the Public Hearing then be waived, The City Attorney said that this is not the only criteria, for instance, the City of Minneapolis ob7ected to the vacation of Marshall Street as they are using the street. Councilman Liebl asked if the land has been sold by Harris Brothers to N.S.S.S.D. now. Mr. Richard Harris said that he had not received any money. Councilman � ;� lJ R�GULAR COUNCIL MEETING OF F�BRUARY 16� 1970 PAGE 8 Harris said that N.S.S.S.D, has made the check out, so it should not be too � long Mr, Richard Harris said that when he receives the money, then he will consider the deal consumated, He said that this land transfer has been in the works since 1962. THE VOTE UPON THE MOTION, being a voice vote� all voting aye, Mayor Kirkham declared the motion carried unanimously. P10TION by Councilman Liebl to receiVe the Minutes of the Planning Commission Meeting of February 4, 1970. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye� �layor Kirkham declared the motion carried unanimously. RECEIVING THE MINUTES OF THE BOARD OF APPEALS MEETING OF FEBRUARY 11� 1970: A REQUEST FOR A 3z FOOT VARIANCE OF SP�CTION 45.053, PARAGRAPH 4B� SUB- PARAGRAPH 4A, FRIDLEY CITY CODE� TO REDUCE THE SIDEYARD REQUTREMENT ON A CORNER LOT FROM 17,5 FEET TO 14 FEET TO PERMTT THE CONSTRUCTION OF A DWELLING WITH AN ATTACHED G7�IRAGE ON LOT 15� BLOCK 4� MELODY MANOR 3RD ADDITION� THE SAME BEING 7390 JZaCKSON STREET N,E.� FRTDLEY, MINNESOTA. (REQUEST BY TRI-CO BUZLDERS� INC.� 7561 VAN BUREN STREET N.E.� FRIDLEY MINNESOTA): The City Engineer said that the Board of Appeals has approved of the variance. This house will face Jackson Street and the driveway will come out on Jackson Street, quite close to the intersection. He suggested flipping the house over � so that the driveway would bc farther from the intersection. Mr. Ellerbusch said that the reason the house was planned that way was to take advantage of the south and southwest breeze. They are planning a driveway in and out. MOTION by Councilman Harris to concur with the Board of Appeals and grant the variance requested by Tri-Co Builders, Inc., for Mr. & Mrs. Ellerbusch. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye� Mayor Kirkham declared the motion carried unanunously. RESOLUTION #25-1970 - R�SOLUTION APPROVING AGREEMENT WITH STATE OF MINNE FOR SIGNALIZATION AT I. 694 AND EAST RIVER ROAD RAMPS The City Engineer said that the Council has reviewed the plans already. This agreement provides that the City sha11 supply the power and poles. This is a standard agreement with the State. MOTION by Councilman Harris to adopt Resolution #25-1970. Seconded by Council- man Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RFSOLUTION #26-1970 - RESOLUTION APPROVING AGREEMENT WITH THE 5TATE O'E' MINNESOTA POR SIGNALIZATION ON TRONK HIGHWAY #47 AND 73RD AVENUE: The City Engineer said that this agreement commits the City to SOo of the con- struction costs p1us 6o engineering fees. The City is to supply the power and � poles. MOTION by Councilman Samualson to adopt Resolution #26-1970. Seconded by Councilman 5heridan. Upon a voice vote, all voting aye� Mayor Kirkham dec� lared the motion carried unanimously. l�d REGULAR COUNCIL MEETING OF FEBRUARY 16, 1970 PAGE 9 � Councilman Harris asked about T.FI. #65 and 73rd Avenue and the City Engineer answered that the State feels that siqnals are not warranted yet. Councilman Liebl commented that he felt that the City was fortunate to aet the signal at 73rd Avenue and University and said thank you to the Crty Engineer for pursuing it so diligently. RESOLIITION #27-1970 - RESOLUTION DIRECTING THE ISSUANC� OF TEMPORARY IMPROVE- MENT BOLdDS IN ACCORDANCE WITH LAWS OF 1957, CHA.PTER 385, S&W �93: MOTION by Councilman Samuelson to adopt Resolution #27-1970. Seconded by Councilman Sheridan. Upon a voice voter al1 voting aye, Mayor Kirkham declared the motion carried unanimously. RESOLUTION �25-1970 - RESOLUTION DIRECTING THL SALE AND PURCHASE OF TEMPORARY IMPROVEMENT BONDS IN ACCORDANCE WITH L�WS OF 1957, CHAPTER 385, S&W #93: MOTION by Councilman Samuelson to adopt Resolution #28-1970. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RESOLUTION #29-1970 - RESOLUTION DIRECTING THE ISSUANC� OP TEMPORARY IMPROVE- MENT BONDS IN ACCORDANCE WITH LAWS OF 1957, Cf�PTER 385� S&W #91 � MOTION by Councilman Samuelson to adopt Resolution �29-1970. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously, RESOLUTION k3D-1970 - RESOLUTION DIRECTING THE SALE AND PURCf�SE OF T�MPORARY IMPROVEMENT BONDS IN ACCORDANCE WITH LAWS OF 1957, CHAPT�R 385, S&W #91• MOTION by Councilman Samuelson to adopt Resolution #3D�1970. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye� Mayor Kirlcham declared the motion carried unanimously. RESOLUTION #31-1970 - RESOLUTION CONFSRMING THE CONSOLIDATION OF W^75� W�94, AND W-95 AS CONSTRUCTION ACCOUNTS OF THE PUBLIC UTILITY FUND MOTION by Councilman Harris to adopt Resolution $31-1970. Seconded by Cour.cil- man Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously_ RESOLUTION �32-1970 - RESOLUTION AUTHORIZING AND DIRECTING THE SPLITTING OF SPECIAL ASSESSMENTS ON LOT 4, BLOCK 1, SANDHURST ADDITION: MOTION by Councilman Harris to adopt Resolution �32-197D Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously � RESOLUTION #33-1970 - RESOLUTION AUTHORIZING AND DIRECTING THE SPLITTING OF SPECIAL ASSESSMENTS ON PART OF LOT 22� PARCEL 2500, PART OF LOT 22� PARCEL 2560 AND PART OF LOT 23� PARCEL 264D� AUDITOR'S SUBDIVISION #77 MOTION by Counci]man Harris to adopt Resolution #33-1970. Seconded by Council� man Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. � ) �D REGULAR COUNCIL M�ETING OF FEBRUARY 16, 1970 RESOLUTION #34-1970 - RESOLUTION PAGE 10 ING OF PARCEL 900; PART OF LOTS 21 AND 22� BLOCK 1� PARCEL 920� OSTMAN'S THIRD ADDITION, AND REPLATTING INTO RCGISTERED LAND SURVEY #20: MOTION by Councilman Harris to adopt Resolution �34-1970. Seconded by Councilman Samuelson_ Opon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. APPOINTMENTS: Name Lynda L. Tildahl 5846 2'-z Street N E Fridley, Minn. Gordon J. Middag 6621 Eliot View Rd Minneapolis, Minn. Gary E. Larson Mechanic - City of Fridley Position Salary Replaces Account�ng $366 Cathryn J. Clerk per month Stordahl Purchasing Agent - $791.66 New Accountant per month Firefighter lst 6 months $708.48 New 2nd 6 months $725.76 MOTION by Councilman Liebl to concur in the appointments. Seconded by Council-- man Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. CLAIMS: MOTION by Councilman Liebl to approve payment of General Claims #20593 through #20745 and Liquar Claims �4138 through #4219, to include payment to Weaver� Talle & Herrick for services rendered in the amount of $2,135.78. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. LICENSES MOTION by Councilman Samuelson to approve the following licenses: Excavating Approved Sy Sulian M. Johnson Const, Corp. 1229 Osborne Road N.E. Minneapolis, Minnesota Masonry Corgard Construction Co. 2241 North Ferry Street Anoka, Minnesota Sign �rection Nordquist Sign Company 312 West Lake Minneapolis, Minnesota By: .7ulian M. Johnson By: Ralph G. Corgard By Richard A, Nordquist Building Inspector Building Inspector Building Inspector �- � �� � � � REGULAR COUNCIL MEETING OF FEBRT]ARY 16� 1970 PAGL^ ll THE MOTION was seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously ESTIMATES: LaSa11e, Ruppert & Lowe Real Estate Appraisers Suite 205, 6950 France Avenue So, Minneapolis, Minnesota 55435 Appraisal Services on the Shorewood Lounge, 6161 Highway #65 Dunkley Surfacing Company, Inc. 3756 Grand Avenue N.E Minneapolis, Minnesota FINAL Estimate #6 dated November 30� 1969 Street Improvement Project St. 1968�1B MAS Street Improvement Pro�ect St. 1968�2B Comstock and Davis, Inc. 1446 County Road "J" Minneapolis, Minnesota 55432 $24,511.61 $13,184 73 FINAL Estimate #2 for the furnishing of Professional Engineering Services for Planning 5anitary Sewer, Water and Storm Sewer Improvement Project #90 Gile & Nelson Construction Co., Inc. Blaine Minnesota PARTIAL Estimate #2 for Street Improvement Pro7ect St. 1969-3 D.M. Noyes Construction Company� Inc. 430 Oak Grove, Suite 201 Minneapolis, Minnesota 55403 PARTIAL Estimate for Sanitary Sewer and Water Improvement Pro7ect #93 Key Well Dra.11ing Company 413 North Lexington Parkway St Paul, Minnesota 55104 PARTIAL Estimate #3 for Water Improvement Project #95, Schedule A-1, Wells #10 and #11 PARTIAL Estimate #3 for Water Improvement Pro7ect #95� Schedule A--2 and A�3, Wells #12 and k13 � I� � $ 3,050.00 $37,696.34 $ 2,310.67 $12,181.09 $14�911,40 $ 3,741,30 $ 7,830,45 ��� REGULAR COUNCIL ML'�TING OF FEBRUARY 16� 1970 ESTIMATES Continued. Comstock & Davis Inc. 1446 County Road "J" Minneapolis, Minnesota 55432 For the furnishing of resident inspection and resident supervision for the staking out of the construction work for the following: PARTIAL Estimate ,�3Sanrtary Sewer and Water Tmprovement Pro7ect #93 from 1-5-70 through 1-31-70, PARTIAL Estunate �6, Water Improvement Pro�ect #94 from 1-5-70 through 1�31-70 PARTIAL Estimate #4, Water Improvement Pro�ect #95 Schedule A-1, Wells #10 and #11 from 1�5-79 through 1-31-70 PARTIAL Estimate #4, Water Improvement Project #95 Schedule A-2, Well $12 from 1-5-70 through 1�31-70 rARTIAL Estimate #4, Water Improvement Pro�ect #95 Schedule A-3, Well ,�13 from 1-5�70 through 1-31�70 PARTIAL Estimate #2, Water Improvement Project #95 Schedule E� We11 #7 from 1-5�70 through 1-31�70 PARTIAL Estimate #3, Water Improvement Pro7ect #95 Schedule F, Well #8 from 1-5�70 through 1--31-70 PARTIAL Estimate #3, Sanitary Sewer Improvement Project #96 from 1-5-70 through 1-31-70 PARTIAL �stimate #4, Sanitary Sewer Improvement Project #96, Addendum #1 from 1--5-70 through 1-31-70 PARTIAL �stimate i#2 for the furnishing of professional engineering services for planning Sanitary Sewer, Water and Storm Sewer Improvement Project #90 PAGE 12 � ' $1,934.39 20.72 126,68 117.35 169.16 181,70 � 4.75 203.28 162.89 $2,310.67 Councilman E1ect, Tun Breider, asked if the bill for the appraisal of Shore- wood is a customary bill and what the City got for $3,050.00 Councilman Harris read from Page 122, which lmsts the services. Mr. Breider asked if the City got information such as how much it would cost to remodel and Councilman IIarris answered yes. Mr. Breider asked a.f this is standard pro- cedure and Mayor Kirkham answered that this is what was asked for in this case. Councilman Liebl then read the motton authorizing the appraisal of Shorewood and the Lounge on 37th Avenue from the Minutes of September 2, 1969, which included the remodeling costs, land and building evaluation. The City Attorney said that this is a unique type of appraisal and would present problems not present in the appraisal of something such as a home. He felt that the cost was not out of lzne £or the amount of work done. Councilman Liebl said that he had not seen the appraisal. The City Attorney said that it was turned in to the City Manager. Councilman Sheridan added that the estimate for both buildings was between $4,000 and $5,000. � ��� REGULAR COUNCIL MEETING OF FEBRUARY 16, 1970 PAG� 13 � Councilman Liebl asked if everything is in order now under Street Improvement Pro�ect St. 1968-1B and 2H, There were a lot of complaints regarding the sod last summer. The City Engineer said that this inspection was done and certi- fied to by the Pro�ect Engineer, Contractor, and the �ngineer. Councilman Liebl asked what would be done if there are again complaints this spring. The City Attorney said that there is a performance bond. Councilman Harris sug- gested withholding $5000 for 3 months until the snow goes off the ground. MOTION by Councilman HarrLS to pay the estimates as presented with the exception of Aunkley Surfacing Co , St. 1968-1B & 2S, where there is to be $500D withheld until May 18, 1970, at which time it is to go back on the Agenda. Councilman Sheridan said that if a final estimate is before the Council for payment, the Council should be able to assume that everything is in order, Suburban Engineering is acting as an agent for the City of Fridley and if they certify it as final, this should be accepted The Crty Engineer said that perhaps the City could have done a better job of inspection were it their responsibility, however, this was the job of the Consulting Engineer and there is a limited amount of time that can be spent by the City staff in re-inspecting the 7ob done by Suburban Engineering THE MOTION was seconded and upon a voice vote� all voting aye, Mayor Kirkham declared the motion carried unanimously. � RECESS: Mayor Kxrkham declared a recess from 9:50 to 10;10 P,M APPROVAL OP LETTER FROM CITY D7ANAGER REGARDZNG POST OFFICE: The City Manager explained that this letter to Mr. W.V. Sohnson� Director of Operations for the Main Post Office dated Pebruary 16, 197�� was drawn up as the result of the meeting attended by the Assessor, the City Manager, Councilman Liebl, the President of the Chamber of Commcrce and the Postal Officials. The result of the meeting was an agreement that before a full service facility could be considered, there would have to be a change in the zip codes. MOTION by CouncLlman Lieb1 to approve the l.etter for mailing. 5econded by Councilman Harris. IIpon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. Councilman Liebl commented that he £elt that the City Manager, the Assessor and the Chamber President da.d a fine �ob of representing the City. WMMUNICATIONS: A. JOSEPH DASZY.IEWICZ: RFOUEST ISdTERVIEW FOR LICENSE � P70TION by Councilman Harris to receive the communication from Joseph Dasz- kiewicz dated February 1, 1970and a.nstruct the Administration to direct a letter �o him stating that an interview is not possible at this time. Seconded by Councilman Samuelson. Upon a voa.ce vote, a11 voting aye, Mayor Kirkham declared the motion carried unanimously. � (� 2 REGULAR COUNCIL MEETING OF FEBRUARY 16, 1970 B_ PENNSYLVANIA OIL COMPANY: REQUESTING IMpROVEC9EtdT OF T,H. #65 WEST SERVSC� AOADe PAGE 14 The City Engineer said that this street is already part of the 1970 program. The road is only beinq extended to serve the Pennsylvania Oil Company, MOTION by Councilman Samuelson to receive the communication from the Pennsyl- vania Oil Company dated January 29, 1970, The motion was seaonded and upon a voice vote, all voting aye� Mayor Kirkham declared the motion carried unanimously. C. SEARS. ROEBUCK AND CO.• REOUEST FOR 40 DAY "GRAND OPENING" WALL SANNER Mr. M.L. MclIUgh, Sears Roebuck & Co., said that Sears felt that this banner was necessary for a new Function. He did not f'eel that 10 days was adequate notification. They would like to have the banner facinq Central Avenue for 40 days. It will be approximately 3� deep and 30� long, constructed oE canvass and would be placed against the building, Sears will guarantee maintenance on the banner to make sure that it stays in good condition. MOTION by Councilman Harris to grant permission for the 40 day "Grand Opening" wall banner for Sears, Roebuck & Co, Seconded by Counczlman Sheridan, Upon a voice vote, Sheridan, Kirkham, Liebl, Harris voting aye� Samuelson voting nay, Mayor Kirkham declared the motion carried, D. INTERNATIONI�L STUDENT SERVICE� REPORT ON VISIT TO HOKKAIDO� JAPAN MOTION by Councilman Liebl to receive the communication from Mary 71. Thompson dated November, 1969. Seconded by Councilman Sheridan. Upon a voice vote� all voting aye, Mayor Kirkham declared the motion carried unanimously. E. CITY ATTORN�Y: SUSPENSION OF LICENSE FOR CASINO ROYALE: MOTION by Councilman Harris to immedYately suspend the license for Casino Royale in view of the liquor violations reported and ask the owner to appear before the Council March 2, 1970, to show cause why the license should not be revoked Seconded by Councilman Samuelson. Upon a voice vote a11 voting aye, Mayor Kirkham declared the motion carried unanimously. RESOLUTION #35-1970 - RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT ENTITLED "AGREEMENT FOR JOINT CONSTRUCTION OF BOUNDARY STREET: STINSON BOULE- VARD FROM GARDENA AVENUE TO 1000 FEET SOUTH". MOTION by Councilman Samuelson to amend the Agenda to add the resolution and the agreement for �oint construction of a boundary street. Seconded by Council- man Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously MOTION by Councilman Samuelson to authorize the City Manager and Mayor Kiikham to sign the agreement, and adopt Resolution k35�1970, Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carrled unanimously �— � � � � � RCGULAR COUNCIL MEETING OF FESRUARY 16� 1970 FIRST WARD COURT CASE� PAGE 15 Mrs. Wegler, 6815 East River Road, a member of the audience, said that she ielt that Councilman Plect Tim Breider should be paid from the first of the year and seated, Mr, Wegler asked if this could not be expedited. The Crty Attorney said that pxiority has already been given to this case to ex- pedite the decision. Normally an appeal would be about 9 months to a yeax, then from 6 to 9 months more until a decision is handed down. Councilman Liebl explained that the Council has nothing to say about it, it is in the hands of the Supreme Court and the Council cannot tell them what to do, He suggested that a resolution could be passed to try to expedite the case. Mr. Weqler felt that rt was the obligation of the Council to pass a resolution asking for the decision to be handed down. He wondered �ust what is considered priority Councilman Liebl said that this case should be settled one way or the other and this is setting a bad precident within the State of Minnesota for a democratic form of government. The man who was elected should be seated. It looks like every time someone loses an election, he could appeal and delay. Mayor Kirkham said that this was totally wrong and is an example of the right o� everyone in a democratic society to be able to take a grievance to the courts. ADSOURNMENT: There being no further business, Mayor Kirkham declared the Regular Council Meetinq of February 16, 1970 ad�ourned at 10 30 P M_ Re,�pectfully submitted, �N/(�� %i�C%�'�2/ Juel Mercer Secretary to the City Council � ,� � L��/� � ' � 1...: t�_�� � Jack 0. Kirkham Mayor �; ��,, �,