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03/16/1970 - 00018954� THE MINUTES OE THE REGULAR COUNCIL ME�TING OF MARCH 16, 1970 'I /') P� 1 � � Mayor Kirkham called the Regular Council Meeting of March 16, 1970 to order at 7:55 P.M_ PLEDGE OF ALLEGIANCE Mayor Kirkham requested the audience to stand and �oin the Council in recrting the Pledge of Allegiance to the Flag INVOCATION: Reverend Bergren, Redeemer Lutheran Church offered the Invocation. ROLL� CALL: MEMBERS PRESENT: Sheridan, Kirkham, Liebl, Harris, Breider MEMBERS ABSENT: None APPROVAL OF MINUTES OF THE REGULAR COUNCIL MEETING OP MA.RCH 2, 1970: MOTION by Councilman Liebl to adopt the Minutes of the Regular rouncil � Meeting of March 2, 1970. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. APPROVAL OF MINUTES OF THE SPECIAL PUBLIC HEARTNG MEETING OF MA.RCI-I 9, 1970: MOTION by Councilman Harris to adopt the Minutes of the Special Public Hearing Meeting of March 9, 1970. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Ka.rkham declared the motion carried unanimously. ADOPTION OF AGENDA: Mayor Kirkham stated that there was one item to add under communications: D Letter from Chamber of Commerce regarding favoring competrtive private garbage pickup MOTION by Councilman Harris to adopt the Agenda as amended. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. VISITORS- Mr. Carl Paulson came forward and submitted a letter to Mayor Kirkham and asked that copies be made and given to the Council Members. Mayor Kirkham read the letter aloud which called for the resignation of Councilman Raymond � Sheridan and Councilman At Large David Harris, with a request for time on the next Council Agenda to explain the reasons why this request is made. Mr J.R. Nichols, 931 Mississippi Street N E., said that he would like infor- mation on the refund of the REC charges. He said that in his case he paid the plumber, and the plumber paid the City. He felt that he was entitled to the refund of the $100. Mayor Kirkham told him that this was an item on the Agenda. � �J �� REGULAR COONCIL MEETING OF MARCH 16, 1970 PAGE 2 CONSIDERATION OF SECOND READING OF AN ORDINANCE FOR REZONING IN HYDE PARK AND � CITY VIEW ADDITION: Councilman Liebl said that every member of the Council is fully aware of this item, and the only member with any questions would be Councilman Breider. Councilman Breider answered that he had no questions. MOTION by Councilman Liebl to adopt the Ordinance on second reading and waive the reading. Seconded by Councilman Breider. Councilman Sheridan suggested that as the first reading was on November 3, 1969, and over 120 days have elapsed, that perhaps someone in the audience would like to have it read_ There was no response, so Councilman Sheridan withdrew his suggestion. Councilman Harris said that this plan presented by the City Manager is an off-shoot of the plan drawn up by the planner the Planning Commission hired for the development of the overall area and the Council felt at that time that rt would be difficult to implement. Since that time he has talked to some of the Planning Commission members and studied the plan further and is of the opinion that the plan presented by the Planning Commission could be implemented. He said that he must vote against this proposal as he felt that the original plan is superior. UPON A ROLL CALL VOTE, Liebl, Breider, and Shera.dan voting aye, Kirkham and , Harrzs voting nay, Mayor Kirkham declared the motion FAILED. (A 4/5 vote is required on any rezoning ordinance). CONSIDERATTON OF APPOTNTM�NTS TO LEGAL COUNSEL� BOARD5� COMMITTEES AND COMMIS- SIONS: Planning Commission MOTION by Councilman Sheridan to appoint Oliver R. Erickson, 1315 Hillcrest Drive N.E , as Chairman of the Planning Commission. Seconded by Councilman Harris for discussion. Councilman Harris asked if this was done with the concurrence of the dates as suggested in the Agenda. Councilman Sheridan said that at this time he would prefer not to go by the dates as set out. Mayor Kirkham aqreed that the appointments wi11 be made sub7ect to a later definition of the length of terms THE VOTE, upon the motion, being a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. Board o£ Appeals MOTION by Coimcilman Harris to appoint Robert Minish, 331 Pearson Way N.E., as Chairman of the Board of Appeals. Seconded by Councilman Breider. Upon a � voice vote, all voting aye, Mayor Kirkham declared the motion carried unani_mously. MOTION by CounciSman Harris to appoint Wi.Iliam Driggans, 1060 Lynde Drive N.E. to the unexpired term of Robert Minish. The motion was seconded and upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. ���� REGULAR COUNCIL MEETING OF MARCH 16, 1970 PAGE 3 � MOTION by Counca.lman Liebl to appoint Hans Sondheimer, 5841 6th Street N.E. to the Board of Appeals. Seconded by Councilman Breider. Upon a voice vote, - all voting aye, Mayor Kirkham declared the motion carrsed unanimously. Building Standazds - Design Control Subcommittee MOTION by Councilman Liebl to nominate Richard Harris, 6200 Riverview Terrace N.E., as Chairman of the Building Hoard. Seconded by Councilman Sheridan. Upon a voice vote� all voting aye, Mayor Kirkham declared the motion carried unanimously. Waxd One MOTION by Councilman Breider to appoint Robert White, 7380 Concerto Curve N.E. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. War$ Two MOTION by Councilman Sheridan to appoint William Tonco, 5925 Hackmann Avenue N.E. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanunously. Ward Three � MOTION by Counca.lman Liebl to appoint Frank I-Iart, 6000 3rd Street N E. 5econded by Councilman Sheridan. Upon a voice vote, a11 voting aye, Mayor Kirkham declared the motion carried unanimously Councilman Harris asked that the appointment of the member at large be deferxed ta the next Meeting Plats and Subdivisions - Streets and Utilities Subcommi MOTION by Councilman Liebl to nominate Eldon Schmedeke as Chairman of the P1ats and Subdivisions, Streets and Utilities Subcommittee. Seconded by Councilman Sheridan. MOTION by Councilman Harris �.o nominate George Zeglen, 841 Rice Creek Terrace N.E. as Chairman. The motion Was seconded and Mayor Kirkham called for a vo�e for E1don Schmedeke as Chairman, with Liebl, Sheridan and Breider voting aye, Harris and Ka.rkham voting nay. UPON SHE MOTION for George Zeglen for Chairman Harris and Kirkham voting aye, and Liebl, Sheridan and Breider voting nay, Mayor Kirkham declared this motion FAILED and Eldon Schmedeke appointed. Councilman Shera.dan said that he was not ready with the ather appointment to this subcommittee and asked that it also be deferred to the next Meeting. ' Parks and Recreation Commission MOTION by Councilman Sheridan to nominate Alexander 4Sovitsky, 5421 Madison Street N.E. to the Parks and Recreation Commission. Seconded by Councilman Liebl. � �L �'ii l� REGULAR COUNCIL MEETING OF MARCH 16� 1970 PAGE 4 MOTION by Councilman Harris to propose the name of Gary Stimmler, 7841 , Alden Way N.E., with the comment that he felt that he has done an excellent 7ob The motion was seconded and the Mayor called for a vote for Alexander Novrtsky with Sheridan, Liebl and Breider voting aye, and Harris and Kirkham voting nay. UPON TH� MO'PION to appolnt Gary Stimmler, Harris and Kirkham voting aye, Breider, T,iebl and Sheridan voting nay, Mayor Kirkham declared this motion FATLED and Alexander Novitsky appointed. MOTION by Councilman Liebl to appoint Elmer Olson, 5361 Horizon Drive N.E. to the Parks and Recreation Commission. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. Human Relations Mapor Kirkham said that he had not contacted all the members and he would like to have these appointments wait until the April 6, 1970 Meeting also. Police Commission MOTION by Councilman Sheridan to submit the names of David Cook, 1161 Regis Lane N.E., to the vacancy of Virgil Wills and Daniel Sullivan, 6340 Washington St. to the vacancy of Dr. Milton Williams. � Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. Board of Health MOTION by Councilman Harris to appoint Dr. H.S. Stzait, 7635 Alden Way N.E. as Health Officer, Dr. Donald L. Wriqht, 101 Logan Parkway N.E „ and Harvey J. McPhee, 3463 Zarthan Avenue South, St, Louis Park, 55416 as Public Health Sanitarian. Seconded by Councilman Liebl Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. Lega1 Counsel MOTION by Councilman Liebl to appoint the law firm of Hall, Smith, .7uster, Feikema, and Haskvitz, with Leonard T. Juster to be named as City Attorney effective April 1, 1970. Seconded by Councilman Breider. Councilman Harris commented that he would abide by the wishes of the City Attorney, and not debate the issue, but he had to say that he felt that this is a shame and a disgrace to the City of Fridley, and that Virgil Herrick has served the City Council excellently. He has served in all fairness to everyone throughout the City He thought that the City ought to recognize that Fridley got more than a City Attorney in Virgil Herrick as he took an active interest in trying to entice new firms into moving into the City. FIe was always willing to meet with him to talk about the virtues of this community, in his , dealings wrth a prospective company. He felt that the decisions on the part of some of the firms to move into this City was due in part to his contributa.ons, The question was asked of hun if he did not do the �ob, however, this move was politically motivated, and the cYtizens of Fridley are the losers. He said that he would like to take this time to say "Thank You" and further say that it has been good working with him. �' � ". �' °� c�' eJ REGULAR COUNCIL MEETING OF MARCH 16, 197D PAGE 5 � UPON A ROLL CALL VOTE, Liebl, Breider and Sheridan voting aye, Harris and Kirkham voting nay, Mayor Kirkham declared the motion carried, and Leonard T. Juster the new City Attorney. Mr. Virgil Herrick, City Attorney, said that he would like to say that he has en7oyed serving as City Attorney and that he recognizes the right and privi- lege of the City Council in having whom they want to serve as Legal Counsel. He said that he understood the reasons for their vote, and bore no personal animosity. He tried to do a good �ob and he thought that he had if he had erred, it was not due to lack o£ e£fort. He said that he would pledga his support to the City of Fridley and the City Council in the future. RESOLOTION #63-1970 - RESOLUTION DESIGNATING DIP,ECTOR AND ALTEPNATE DIRECTOR TO SUBURBAN RATE AUTHORITY• MOTION by Councilman Liebl to adopt Resolution �'63-1970 and name Councilman Raymond E. Sheridan as Director, and Councilman Tim Breider as Alternate Director. The motion was seconded and upon a voice vote, a11 voting aye, Mayor Kirkham declared the motion carried unanimously. RESOLUTION #64-1970 - RESOLUTION DESIGNATING AND APPOINTING A REPRES�NTATIVE FOR THE BOARD OF TRUSTEES OF THE NORTH SUBURBAN SANITARY SEWER DISTRICT FOR THE YEAR 1970 � MOTION by Councilman Breider to name Councilman At Large David Harris to be kepresentative to the Board of Trustees of the IQorth Suburban Sanitary Sewer District. Seconded by Councilman Sheridan. Upon a coice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. FIRST AEADING OF AN ORDINANCE UNDER SECTION 12.07 OF TH� CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIR C OF THE CITY CODE (POrtion of Marshall Street) MOTION by Councilman Harris to approve the Ordinance on first reading and waive the readinq. Seconded by Councilman Liebl. Upon a roll call vote, Breider, Sheridan, Kirkham, Liebl and Harris voting aye, Mayor Kirkham declared the motion carried unanimously. FIRST READING OF AN ORDINANCE UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE (Portion of Marshall Street) MOTION by Councilman Harris to approve the Ordinance on £irst reading and waive the reading. Seconded by Councilman Liebl. Upon a roll call vote, Sreider, Sher�dan, Kirkham, Liebl and Harris voting aye, Mayor Kirkham declared the motion carried unanimously. FIRST READING OF AN ORDINANCE LJDIDER SECTION 12 07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE: (N.S.S.S.D. ' vacation of Marshall StreetJ Although this Ordinance has already had a first reading, it was agreed by the Council to ca11 this the first reading and to notify N.S.S.S D. that the second reading would be held upon receipt by the Crty of Minneapolis of the necessary easement. � �� R�GULAR COUNCIL MEETING OF AMRCH 16� 1970 PAGE 6 MOTION by Counci].man Harrzs 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 Breider voting aye, Mayor Kirkham declared the motion carried unanimously. The City Engineer said that copies of the necessary document have been provided and he handed out copies to the Council. The City Attorney said that he would look at them and suggested that the City Manager and the Mayor be authorized to execute them when they are proven correct, MOTION by Councilman I3arris to authorize the City Manager and Mayor Kirkham executing the easement for the water line leading to the water treatment plant. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. ORDINANCE ,�449 - AN ORDINANCE UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE: �Thomas Albers, sAV #69-10) The City Engineer said that the Crty has received the necessary easement, along w�.th the agreement for the relocation of the fzre hydrant. MOTION by Councilman Sheridan to adopt Ordinance '�449 on second reading, waive the reading and order publication. Seconded by Councilman Liebl. Upon a voice vote, all votinq aye, Mayor Kirkham dec.tared the motion carried � unanimously. CONSIDERATION OF CASINO ROYALE LICENSE: Councilman Breider asked if the previous motion that failed included operation on regular hours and Mayor Kirkham said yes. Mr, Carl Rostberg, 2217 Humboldt Avenue South, of Casino Royale, said that he had his license suspended because of mis-management. He said that he hired a manager and since that time he had two violations. Tf his license is returned to him, he will be operating the business himself and will abide by the City regulations. Mr. John Lindell, Representative o£ Shorewood Associates, sa�d 'that he £elt that Mr Rostberg has done a good 7ob. He said that it was unfortunate that Mr Rostberg, due to mis-management, allowed the violations to occur, but if his license is returned to him, he will be there in pexson to supervise and he felt that it would be operated as a contribution to the community. Councilman Harris asked what protection the City has under the Ordinances when an owner has a manager operate a business under his license. The City Attorney said that the owner would still be responsible for the manager operating the business. In this case the owner �ust did not keep close enough watch on what was going on in his establishment Councilman Harris asked if f.here was any way that the City could be notified in the event an owner would not be ' managing the business and hires a manager to run it. She City Attorney said that there is included information relating to managers in the on sale license forms and with very lYttle trouble it could also include 3.2 establishments. Councilman Sheridan suggested that this be updated for the new licensing period. Councilman Harris said that in this way everyone would be protected, � �� REGULAR COUNCIL MEETING OF MARCH 16, 1970 PTGE 7 � including the owner Councilman La.ebl said that the City Attorney explained at the last meeting that the license could not be transferred, and if the business is sold the City must be notified. He also pointed out that there is no teen age operation there anymore and it was suggested to him that when there is any puk�Lic dance that a polica_ of£icer be in attendance. The Fridley Police have given this place a clean bill of health and this is why he voted last time to give him another chance. A license in the City of Fridley is a privilege and is not to be abused. MOTION by Councilman La.ebl to reconsider the lifting of the suspension on Casino Royale, with the same stipulations, i.e. that thexe is to be no teen age operation, and with normal operating hours. Councilman Harris said that he understood that Mr. Rostberg will be at the business to supervise and Mr. Rostberg answered yes. Councilman Harris asked if he wanted to sell, and Mr. Rostberg said that he would like to sell, and if a buyer is found, he will notify the City, in the meantime he will operate the business himself. THE MOTION was seconded by Councilman Sheridan. Upon a volce vote, Harris, Breider, Sheridan and Liebl voting aye, Kirkham voting nay, Mayor Kirkham declared the motion caYried. CONSIDERATIOIti OF PIRST READING OF AN ORDINANCE I'OR REZONING REQUEST (ZOA � #69-11) AND SPECSAL USE PERMIT (SP #69-01), NORTHERN PACIFTC RAILWAY COMPANY- (Public Hearing Held February 9, 1970) MOTION by Councilman Sheridan to lay this item over to the first Meeting in April (April 6, 1970) as the Council has not had an opportunity to fu11y discuss all the ramifications. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. Mr Russel D. Thompson, Burlington Northern, Inc., said that prior to that meeting, he assumed that conditions would be drafted so a review can be made. He said that an agreement ahead of time would be in order and he would be willing to meet with the Council before that meeting if the Counca.l desired. FIRST READING OF AN ORDINANCE AMENDING ORDINANCE N0.17 PRESENTLY CODED AS CHAPTER 13 OF THE FRIDLEY CITY CODE, RELATING TO LICENSING GASOLINE PUMPS WITHIN THE CITY OF FRIDLEY: MOTION by Councilman Liebl to approve the Ordinance on first reading and waive the reading. Seconded by Councilman Sheridan. Upon a voice vote, a11 voting aye, Mayor Kirkham declared the motlon carried unanimously. FIRST READING OF AN ORDINANCE AMENDING ORDINANCE NO. 14 PRESENTLX CODED AS CHAPTER 81 OF THE FRIDLEY CITY CODE, REGULATING THE Si�LE OF NON-INTOXICATING MALT LIQUOR WITHIN THE CITY OF FRIDLEY: � MOTION by Cozncilman Sheridan to approve the Ordinance on first reading and waive the reading. Seconded by Councilman Liebl. Mayor Kirkham asked if it were legal for municipalities to tas cans and bottles of beer. The City Attorney said that he did not know, that this would have to be researched. s�`�� REGULAR COUNCIL MEETING OF MARCH 16, 1970 PAGE 8 THE VOTE upon the motion, being a voice vote, all votl.ng aye, Mayor Kirkham � declared the motion carried unanimously. CONSIDERATION OF IMPROVEMENT OF LAKESIDE ROAD FROM 75TH AVENUE TO OSSORNE ROAD• Councilman Breider saa_d that at the informal hearing,�it was evident that the people were in favor of having the full improvement at this tune. MOTTON by Councilman Breider to proceed with the improvement as originally drawn, to include curb and gutter at �.his time. Seconded by Councilman Liebl. Upon a voice vote, a11 voting aye, Mayor Kirkham declared the motion carried unanunous ly . RECESS: Mayar Kirkham declared a recess Erom 8•55 to 9:15 P.M. DISCUSSION REGARDING AEFUND OF REC CHARGES: PETTTION #1-1970 - HOMEOWNERS REQUESTING REFIIN➢ OF REC CHARGES TO THEM AS IT WAS PART OF THE COST OF THEIR HOMES Mayor Kirkham read the petition aloud. MOTION by Councilman Harris to receive Petition #1-1970. Seconded by Council- � man Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. MOTION by Councilman Sheridan to receive the letters from I.S. Hollingworth, 5943 University Avenue N.E., Dale V. Hadtrath, 5283 Taylor Street N.E., dated March 12, 1970, and Mrs. Thomas Arth, 5241 Fillmore Street N.E., dated March 11, 1970. Seconded by Councilman Lie1�1. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. The City Attorney said that as concerns the City of Fridley - Clemron, Sohanson et al lawsuit they have said that they are entitled to the money and further that they would hold the City harmless. He said that he had talked to a gentleman and he told him to contact Clemron. It may have to be arbi- trated. Mr. Dick Waldstein, 7373 Memory Zane N E., said that Clemron has said that the people are not entitled to the money, yet the people feel that they have been indirectly charged for this connection. Clemron has said that this was not part of the pczrchase agreement. He asked if, since the Council has approved the refund of the money, will not that have to be made up somewhere else. Councilman Harris said that this money was only held by the City and wi11 not have to be made up in any way be levying taxes. He asked the City Attorney if both names could not be put on the checks. The City Attorney said that the plaintiPfs in the law surt were handled differently. If less than $20D, � letters were sent out to ascertain if anyone other than the payor would be entitled to the money. Were a party to present evidence that they paid the contractor, the money should be paid to them. If more than $20D, both the payor and the property owner should be on the check. The reason for the difference is the amount of research that would have to be done would make �,t not feasible to do for every $100 payment. �,� ��af REGULAR COUNCIL MEETING OF MARCH 16, 1970 PAGE 9 ' Councilman Liebl suggested that the only solution may be a test case in court. The Finance Director said that he has received many calls from people saying that they either paid the $100 directly or indirectly. He said that he under- stood that the check should be made out to the person the money was received from. There have been no refunds sent out to date. The Ci�y Attorney said that these people should be told to send in evidence of payment The Finance Director asked what criteria should be used; �ust their word, or should they be required to sign some document. Mayor Kirkham said that he thought that the money should be returned to the person who paid the City and iP anyone else feels that they are entitled to the money, that is their pri- vate affair The City Manager said that some feel that the connection charge is part of the purchase price of their home. Councilman Breider said that he agreed with Councilman Liebl, that this should be settled in court. It could not �ust be thrown up for grabs The Finance Director said that he has told people that nothing will be done for perhaps 30 more days Councilman Liebl said that the people should be told that the Council is not clear on what position to take and that this should be a court determination_ Mayor Kirkham saa.d that the question arises, how do you ascertain if the person making the request is entitled to the money. The Crty Attorney said that if both names are on the check, then they would have to resolve it. Councilman Breider asked if thexe was any time limit fox paying the money back. The Fina�ce Director said no, that most people seem to be worried that the money will be returned too soon before they have a chance to talk to their builder There have been many more telephone calls than have written letters. Mayor Kirkham � said to tell the people that all refunds would be delayed until all the replies are in, then the Council will proceed according to the new City Attorney's instructions. RECEIVING TIiE MINIITES OF THE PLANNING COMMISSION MEETING OF MARCH 4, 1970 1. REZONING REQUEST ZOA #70-02, STEVE CODDON Lot 1, Block 3, Cor[¢nerce Park to rezone from C-1 (Local Business) to C-2 (General Business) 2. SPECIAL USE PERMIT REQUEST, SP #70-01, STEVE CODDON: Lot 1, Block 3, Commerce Park. For automatic car wash, gasoline sales and self service car wash. MOTION by Councilman Harris to set the Public Hearing for the rezonin¢r request and special use permLt request by Steve Coddon for Apri1 13, 1970. Seconded by Councilman 5heridan. Upon a voice vote, a11 voting aye, Mayor Ka.rkham declared the motion carried unanimously. 3. LOT SPLIT REQUEST, L.S. #70-02, EUGENE BGNIQET The reax' 101 feet of Lot 4, Block 1, Nagel's Woodlands The City Engineer said that tha.s 1ot split request is for a lot on Baker Street and Osborne Road and gave an explanation at the screen. He said that he wanted to point out that this split would isolate a long lot about 100' wide and 300' long. Councilman Harris poin�ed out that this lot would face Osborne , Road rather than Baker Stxeet. The City Engineer said that when a lot a}�uts an R-1 distra.ct there is 100' required for a set back and this requirement makes this an unbuildable lot. He explained that Fridley Auto Body wanLS to expand onto their existing building to the south. Councilman Sheridan asked if Lot 3 and Lot 4 were still owner Uy Vi Nagel and Mr. Bonnet said yes. The City Attorney added, except for that portion owned by the Telephone Company ��3� REGULAR COUNCIL MEETING OF MARCH 16, 197D PAGE 10 MOTION by Councilman Harris to approve the lot split requested by Eugene Bonnett , as recommended by the Planning Commission. Seconded by Councilman Sheridan. Upon a voa.ce vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. MOTION by Councilman Liebl to receive the Minutes o£ the Planning Commission Meeting of March 4, 1970. Seconded by Councilman Sheridan. The City Engineer pointed out that the Planning Commission passed a resolution concerning making the in£ormation contained in the Land Use and Tax Survey Report available to public use. Councilman Sheridan asked if there should not be a fee for this survey. Councilman Haeris said that much time and effort went into this survey and suggested a fee of $25.00. Mayor Kirkham said that he felt that this would be a fair fxgure. The City Engineer said that some information relating to legal descriptions, valuations and census data relative to individual parcels should be taken out. MOTION AMEN➢ED by Councilman Harris to direct the Administration to prepare a summary of the report for public use and set a fee of $25.00. Seconded by Councilman Sheridan Upon a voice vote, all voting aye, Mayor Kirkham declared the amendment carried unanimously. THE VOTE upon the motion on receipt of the minutes, being a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanunously RECEIVING THE MINUTE5 OF THE BOARD OF APPEALS MEETING OF MARCH 11. 1970: 1. A REQUEST FOR VARIANC�S OF SECTION 45.D53, 4A, TO REbUCE THE FRONT YARD DEPTH REQUIR�MENT FROM 34.6 EEET TO 27.6 FEET AND SECTION 45.053� 4B, TO REDUCE THE SIDE YARD WIDTH REQUIREMENT FROM 10 FEET TO 7.9 FEET, SO ALLOW THE CONSTRUCTION OF AN ADDITION ONTO THE FRONT SECTION OF AN EXISTING DWELLING LOCATED ON LOT 18, PART OF LOT 19, BLOCK 5, PLYMOUTH ADDITION, THE SAME BEING 4705 MAIN STREET N.E., FRIDLEY, MINNESOTA. (REQUEST BY ALLEN CONSTRUCTION INCORPORATED, 5125 QUAIL AVENUE NORTH, CRYSTAL, MINNESOTA): The Czty Engineer explained that this request if for a front yard and side yard variance. The Board of Appeals recommended approval. They are proposing an addition of 16 feet by 7 feet. The abutting property owners are in agree- ment. MOTION by Councilman Liebl to concur with the finding of the Board of Appeals and grant the request. Seconded ly Councilman Sheridan. Upon a voiae vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. 2. A REQUEST FOR VARIANCES OF 5ECTION 45.D53, PARAGRAPH 4A, TO REDUCE THE FRONT YARD REQUIREMENT FROM 35 FEET TO 28 FP�ET, SECTION 45.053� PARAGRA.PH 4C, TO RP�DUCE THE REAR YARD REQUIREMENT FROM 25 FEET TO 10 FEET AND SECTION 45.063, PARAGRAPH l, TO REDUCE THE LOT AREA REQUIREMENT EROM 10,000 SQUARE FEET TD 9,853.16 SQUARE FEET TO PERMIT THE CONSTRUCTION OF A TWO FAMILY DWELLING ON LOT 17, SLOCK 1, MURDSX PARK ADDITION, THE SAME BEING 5453 - 55 7TA STREET N.E., FRIDLEY, MINNESOT21. (REQUEST BY TWIN CITY APARTMENT DEVELOPERS, INC., 5747 WEST BROADSdAY, MINNEAPOLIS, MINNESDTA 55428)E � , � �� �� a�� REGULAR COUNCIL MEETING OF MARCH 16, 1970 PAGE 11 � The City Engineer explained that this request is for a variance of front yard, rear yard, and lot area requirements The Board of Appeals recommended denial. The property is zoned R-3. There was some land taken from this pro- perty for the development of I. 694, for the 7th Street underpass. The property is zoned for apartments, but is not big enough for anything but a duplex_ Mrs. Roger A�ark, 532 Highway 100 N.E., said that she and Mrs. William M. Remarke, 510 Cheri Lane N.E. said that they represented some of the people who petitioned against the granting of these variances, as it was felt that the property was too small for a duplex. A Representative of Twin City Apdrtment Developers Inc., said that some of the property was taken for the street, but they felt that it was still large enough for a double bungalow. They felt that because of the proper zoning, it should be granted. Councilman Liebl asked where the people liced that slgned the petition. Mrs Asmark said that the petition was supposed to be submitted to the City Council. The ma7orrty of the people live along Cheri Lane. There is an apartment bua.lding on 7th Street and the residents suffer from this She said that there are always cars parked there that create problems in the winter. She said that they realize that the property is properly zoned, but felt that this is an example of spot zoning. She said they did not feel that there was enough property to take care of the people that would be living there. Obviously , there is a City Code, and she believed that it should be followed. MOTION by Councilman Sheridan to doncur with the Board of Appeals and deny the request for a double bungalow for the reasons outlined by the Board. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. 3 A REQUEST FOR A VARIANCE OF SECTION 56.05, PARAGRAPH 6A� TO INCREAS� THE MAXIMUM AREA OE A FREE STANDING IDENTIFICATION SIGN FROM 80 SQUARE PEET TO 300 SQUARE FEET (12' X 25') TO BE LOCATED ON LOT 1, BLOCK l� GREAT NORTHERN INDUSTRIAL CENTER, FRIDLEY� THE SAME BEING 5401 EAST RIVER ROAD (RE9UEST SY NAEGELE OUTDOOR ADVERTISING COMPANY, 1700 WEST 78TH STREET, MINNEAPOLIS The City Engineer explained that this sign would be for Plywood Minnesota. He said that it would be a larqe sign, about the same size as the "Welcome to Fridley" sign. The Board of Appeals recommended approval of the request sub- 7ect to their requirements. Councilman Liebl asked to see the sign and Mr Harry Harkmeyer came forward with the rendering of the sign for the Council and the audience to see. He said that it would be a mansard roof and there would be shrubs and flowers below the sign. MOTION by Councilman Harris to approve the request for a sign by Plywood � Minnesota, as outlined in the Board of Appeals Minutes. The motion was seconded and upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. MOTION by Councilman Liebl to x'ec aive the Minutes of the Board of Appeals Meeting of March 11, 1970. Seconded Uy Councilman Breider. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. w� � 1!1 <- � v R�GULAR COONCIL MEETING OF MARCH 16, 1970 PAGE 12 RECEIVING BIDS FOR STREET IMPROVEMENT PROJECT ST. 1970-1 AND ST. 1970-2: (Bids opened March 16, 1970, 11:30 A.M.) The City Engineer said that these were the bids for the street project for the year 1970 When the estimate was figured, they used last years figures and added on 20o and they thought that would be hiqh. However, he said trhat he was sorry to report that the bids were up 25% over last year's ba.d. Last year the bids were let about this same time of the year. He said that they were studying to see if the costs would still stay under the estimate given to the public. He asked that the bids only be received and not awarded at this time as tihe low bidder is a new company and he would like some ta.me to check on the company. Stinson Boulevard is also included in the City street improvement project and New Brighton is holding their public hearing March 24th to see if the resi- dents want the street in, and he would like to wait for that. MOTION by Councilman Harris to receive the following bids for Street Improve- ment Pro�ect St. 1970-1 and Municipal State Aid Street Improvement Pro7ect St. 197D-2. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. Planholder Arcon Constr. Co Mora, Minn. Black Top Service Co. 7400 Cambridge Ave St. Louis Park, Minn. Victor Carlson & Sons, Inc 2246 Edgewood Avenue So. Minneapolis, Minn Completion Bid Deposit Base Bid Date Travelers Inc. Co. $276,888.76 Sept. 15, 1970 So B.B. Maryland Casualty Co.$270,379.97 Sept. 15, 1970 5o B.B. U.S. Pacific Ins. Co.$292,792.35 As Specified Sa B.B Dunkley Surfacing Co. Capital Ind. Corp. $287,032.52 Nov. 15, 1970 3756 Grand St N.E. Sa B.B, Minneapolis, Minn. Dycon Corp. U.S Fxd. & Guaranty $286,810.50 As Specified Co. Rd. 18 & 109 Company Osseo, Minn. 5% B.B. Hardrives, Inc. 10135 Central Ave. N.E. Minneapolis, Minn. C.S. McCrossan, Inc. Box 322, Route ,�2 Osseo, Minn. Minn-KOta Excavating, Inc 3417 85th Ave. N. Minneapolis, Minn. St. Paul Fire & Marine Ins. Co. So B.B. U.S. Fid. & Guaranty Co. 5o B.B, Capital Ind. Corp S% B.B. $276,219.30 As Speci£ied $280,709.17 Sept. 15, 1970 $269,952.44 As Specified � , , ai���—� � �%' Ji REGULAR COUNCIL MEETING OF MARCH 16, 197D PAGE 13 , RECEIVING APPRAISAL REPORT OD1 SAOREWOOD LOUNGE MOTSON by Counca.lman Liebl to receive the appraisal of Shorewood Lounge. Seconded by Councilman Breider Upon a vmce vote, all voting aye, Mayor Kirkham declared the motion carried unanimously CONSIDERATION OF ADVERTISING FOR BIDS FOR SIIOREWOOD LOUNGE: Councilman Harris pointed out that one place in the bid notice the ba.dders are to contact the La.quor Store Manager and in another the City Manager. He felt that coordination should be accomplished through the City Manager. Councilman Sheridan agreed. Councilman Liebl said that his understanding was that the Council would also get an appraisal of the Lounge on 37th and Marshall. The City Attorney said that this was not his understanding. He understood that he was to hold up on the second appraisal. Councilman Liebl said that once Shorewood is sold, both bars will have to be closed. He felt that they should be done together. The City Attorney said that this was suggested to the Council not long ago and the concensus of the Council was not to do the 37th Avenue Lounge because it was not considered salable for this purpose Councilman Harris added that he £elt that l�y the time it was brought up to Code and made to meet the speci- fications set down in the Liquor Ordinance it would not be salable. Council- man Liebl saa.d that the Council would have to consider replacement revenues. � There must be a smooth fisca].ly sound takeover. If both bars are closed up, other money will have to be used for a replacement. The Finance Director said that the 37th Avenue off-sale business is quite profitable. He added that there has been a suggestion that it be used as a warehouse to serve all the off-sale establishments. This would be a Council decision. Councilman Sheridan said that he was not in disagreement with the 37th Avenue Lounge appraisal, but he did not think it should be advertised at the same time. He said that he did not see the reasoning for holding up the Shorewood bid for the appraisal of the Marshall Street operation. I-Ie said that he had reservations on the use of that operation as a warehouse. He felt that in this day and age, he could see no reason why the City should have a warehouse. With the ability to make deliveries, it would be a poor investment to tie up the land and building as a warehouse. Councilman Harris agreed that the one should not be held up for the other. As it has to be a supper club or a hotel- motel type of operation, it does not seem feasible at that site. The Metro- politan Sewer Board may be interested in purchasing some land in this area. The City Attorney suggested that Shorewood also be advertised in the trade �ournals. MOTION by Councilman Harris to authorize advertisement for bid5 for Shorewood Lounge with the change that all the coordination should be through the City � Manager's offa.ce and that sealed bids will be received until 1:30 P.M., June l, 1970. Seconded by Councilman Sheridan Councilman Breider asked what plans the City has to cover this deficit. The Finance Director said that there would be no immediate problem. Some money will be received £rom the sale of Shorewood, but to sustain the amount of �f���> rI J +� REGULAR COUNCIL MEETING OF MARCI-I 16, 1970 PAGE 14 revenue, the off-sale will have to be increased. Couz�cilman Harris added � that when the Liquor Ordinance was passed the thought was that some of the revenue would be replaced by new, quality business establishing themselves in Fridley Councilman Liebl said that the City must be careful not to squander the licenses and must be very responsible to the public, and be sure that the right decision is made. Mayor Kirkham said that until the bids are received the Council will not be sure which way to go. If the bids are too low, the City will not sell. Councilman Lieb1 asked what was the hurry, money is being made right now. Last year $231,000 was made clear profit. Councilman Breider asked what total tax valuation would have to be accumulated to make up the deficit. The Finance Director said that he did not have those figures readily available. ** THE VOTE upon the motion being a voice vote, Sheridan, Kirkham, Harris voting aye, Liebl and Breider voting nay, Mayor Kirkham declared the motion carried. Councilman Sheridan asked the rest of the Council if, in line with Couz�cilman Liebl's thinking, the 37th Avenue Lounge should also be appraise$. It was agreed that the land and building should be appraised, but not with the thinking of offering a liquor license for that site. MOTION Uy Councilman Liebl to authorize the appraisal of the 37th Avenue Lounge land and building. Seconded by Councilman Harris Opon a voice vote, a11 votinq aye, Mayor Kirkham declared the motion carried unanamously. , CONSIDERATION OF NEW BID LETTING FOR TOWING SERVICE: MOTION by Councilman Liebl to autharize preparation of specifications for bid letting for the City's towing service. Seconded by Councilman Sreider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. CONSIDERATSON OF EMERGENCY FIRST AID SERVICE TO HILLTOP MOTION by Conncilman Harris to concur wrth the recommendation of the Adminis- tration and deny the request for emergency first aid service to Hilltop, as the Administration does not feel they have the capability of responding. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. DISCUSSION REGARDING WATER AND SEWER IMPROVEMENT PROSECT #93 IN EA5T RANCH ESTATES 2ND ADDITION MOTION by Councilman Harris to receive the letters fYOm Messerli, Roe, Strid, McMillan and Lindberg, signed by Peter J, Lindberg, dated March 4, 1970, from Barnett, Ratelle, xennessy, VanderVort and Stasel, signed by James H. Hennessy dated February 26, 1970 and from D.M. Noyes Construction Company, signed by Paul J. Noyes, dated March 9, 1970. Seconded by Councilman Liebl for discussion. Councilman Liebl said that the Council was advised by the Administration that � Albert Johnson was sent a notice, pet this letter states the opposite, and asked for clarification. The City Engineer said that the records show that he was sent a notice o£ hearing, and that he just must have not looke$ at it. Thre are records to show that it was sent. ** Vote corrected at Meeting of April 6, 1970, REGULAR COUNCIL MEETING OF MARCH 16� 1970 ,��7,�x .� ��' cn PAGL 15 � THE VOSE upon the motion, being a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. The City Attorney said that he had talked to the Insurance Commission on two occasions and they advised him that Home Owners Insurance Company, 100 West Franklin, Minneapolis,Minnesota is still authorized to do busine5s in the State of Minnesota, although they are not to write any bonds. As far as they knew they were still responsible. He said �hat he also talked to D.M. Noyes Construction Company and it seems that they made a bad bid and are losing money on the pro7ect, and are having trouble paying their subcontractors. Mr. Ice Comstock, o£ Comstock and Davis, Inc., Consulting Engineers, said that they have not been paying their 5uppliers. There had been no payment up to the lst of March and he da.d not believe that there had been any since. This normally would be of no concern io the Council, except that the question arose on the bonding company. He said that there was an estimate in the Agenda for payment to D.M. Noyes Construction Company and he felt that the City was entitled to an agreement that this money would be applied to the Fridley �ob, rather than some other �ob that the company is currently working on. Councilman Liebl asked if a good 7ob has been done so far and Mr. Comstock said yes. The City Attorney asked how must is still unpaid. Mr. Comstock answered that if the estimate is authorized to be paid tonight, it would leave about $75,000 left unpaid. He said that he would like some protection so that the � money is applied £or materials on our site. The City Attorney suggested making the payment �ointly with the bonding company and D.M. Noyes Construc- tion Company, with an agreement that the money will be used on the Fridley site. He said that the City would have to watch to make sure that it was done, and if not, no more payments would be made. He advised that the City would be all right, unless the bonding company and the bidding company both go out of business. As long as the bonding company is authorized to do business in the City of Fridley, he did not feel that there was too much cause for worry. MOTION by Councilman Harris to instruct that the payment of the estimate be on the basis of both the bonding company and the bidding company appearing on the check, and that thexe be an agxeement with D.M. Noyes Constxuction Company that any money paid by the City of Fridley is to be used on the Fridley site. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Rirkham declared the motion carried unanimously. Mr. Richard Harris asked if the D.M. Noyes Construction Company intend to complete the pro7ect. The City Attornep said that he has seen nothing to lead him to believe otherwise. Mr. Richard Harris then asked when it is sup- posed to be completed. Mr. Comstock, after checking the specification book, said July 1, 1970. Mr. Harris said that he, as a property owner, has been concerned wit'Yi the progress of the pro�ect. He said that he has been planning to hook onto this system, and wanted to know if he should consider putta.ng down a well and a cess pool. Mr. Comstock said that in the past businesses have been allowed to hook on prior to the fu11 acceptance of the pro�ect, psovided � it is acceptable to the contractor and the inspectors for the City Mr. Harris said that the property owners in his area are also in need of the storm sewer system. He said that perhaps the dewatering of the area had been more than Noyes Construction Company anticipated. �°J� REGULAR COUNCIL NIEETING OF MARCH 16, 1970 PAGE 16 RECEIVING TII� MARCH 6, 1970 REPORT ON 115 KV LINE FROM NSP: , The City Engineer said that he has received a March 13, 1970 report also, and handed copies to the Council. He said that it seems that everything is moving along smoothly. The only change is, the completion date has been changed from August lst to August 15th. MOTION by Councilman Liebl to receive the reports from NSP dated March 6, 1970 and March 13, 1970. Seconded by Councilman Sheridan. Upon a voice vote,all voting aye, Mapor Kirkham declared the motion carried unanimously. DISCUSSION REGARDING NSP POWER LINE ALONG 73RD AVENUE BETWEEN T.H. #47 AND T.H #65: The City Engineer handed out figures submitted by NSP comparing the cost of the overhead line with the underground line for 73rd Avenue_ He said that an alternate suggestion has been made, that the poles be placed in Locke Park with the lines running up to 73rd from the park to eliminate the need for poles on 73rd Avenue. He explained the proposal on the screen for the Council. The poles would be along the south right of way of Minnesota Transfer Railway. This is in the vicinity of the 345 KV line. There are poles now on the north side of 73rd Avenue service road for street lights. It is not known how the property west of Carter Day will be developed. The poles would be the same size as those on the north side of 73rd Avenue now. Councilman Harris asked why not use the same poles as for the 345 KV line. Mr. Larry Benson, NSP, said that � that could not be do;�e, the voltage interference would be uncontrollable. He said that the line on 73rd Avenue was originally proposed as an underground feeder. He said that At this time it looks feasible to connect onto the line in Locke Park. Councilman Harris asked if all the lines for Coon Aapids do not have to be underground. Mr. Benson said yes, by Ordinance. If the Council should insist on an underground line, NSP would then have to go back and look over the entire area again. Councilman Sheridan explained that in a discussion wYth John Pearce, NSP, he understood that i£ the cable was buried, but the property not fully de- veloped, there would be no way to know where to plaae the splice boxes. He said that he understood that the splice boxes have to be put in at the time of bura.al of the cable. Councilman Harris asked if that could not be done later and Mr. Benson said that it was quite difficult. It would mean that a customer would be without service for some time. Each splice box would take several hours. Councilman Sheridan said that Mr. Pearce indYCated that they were not saying that the line will never go underground, but rather that they would rather go along with an overhead until the potential development is known for the area abutting Carter Day and in Commerce Park. This would a11ow them to properly size the line Councilman Breider asked i£ he understood correctly that if this was to go underground, that the whole area would have to go back to the pianning stage. Mr. Benson said yes, and perhaps there would not be an underground line on Osborne Road in that event. The whole area would have to be reclone as concerns � feeder lines. Councilman Breider said that it may never go underground. Mr. Benson said that as the area develops it may be required to furnish necessary power It is not felt feasible at this time. Councilman Harris said that he did not like to consider more poles through the park. The City Engineer said that it would be a matter of perhaps eight more poles, and they would be � ;�� �'�� REGULAR COUNCIL MEETING OF MARCH 16, 1970 PAGE 17 � following the Minnesota Transfer Railway tracks, rather than directly through the park. Councilman Sheridan asked if there was any connection to Columbia Arena and 73rd Avenue. The City Engineer said yes, there is a line on the west side of Carter Day already through there. Councilman Sheridan asked if the poles could be moved from the north side of 73rd Avenue service road into the median to light both sides of the road with long extension arms. The City Engineer said that the boulevard is very wide there and the light would not reach. The maximum overhang is 20 feet. He pointed out that the 345 KV line would be on the north side of the tracks and this proposed line would be on the south side. Mr, Benson added that this would be the limit as to how close they could be. He said 'that he favored following the ra.ght of way. Councilman Liebl said that he wanted to make sure that the duct line went in on Osborne Road. Mr. Benson said that it is proposed at this time. Councilman Liebl said that he felt that to put in burial cable on 73rd Avenue also would be a waste of money. He felt that it was necessary to get a commitment from NSP that they will put in duct lines under- ground from University Avenue to T H. #65 on Osborne Road. Mayor Kirkham said that he felt that they should be allowed to put the lines in along the railroad track riqht of way alonq Carter Day. He felt that this would be only a minor detraction. Councilman Sheridan agreed, and said that he would much prefer them there, rather than on 73rd Avenue. MOTION by Councilman Harris to approve the route along the south riqht of way � of the Minnesota Transfer Railway for a 13.8 KV feeder line requested by NSP, with the additional agreement that NSP must put the line on 73rd Avenue under- ground by 1975, or show 7ustification at that time why not, unless development in the area makes it necessary to go underground sooner. Seconded by Council- man Liebl. Mr Benson said that the Council would have to realize that to install an underground feeder the loads would have to be there. It is possible that the area might develop into several small industrial firms and the load still would not be too great. It may not be necessary in 1975. Councilman Sheridan said that it may not be that the KV is changed, but in the event it is, then it should go underground. Councilman Harris felt that this aqreement should be in writing and asked the Administration to prepare one covering these stipu- lations. THE VOTE upon the motion, beinq a voice vote, a11 voting aye, Mayor Kirkham declared the mota.on carried unanimously. RESOLUTION #65-1970 - RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS• WATER IMPROVEMENT PROSECT PU #99: MOTSON by Councilman Liebl to adopt Resolution #65-1970. Seconded by Council- man Harris. Upon a voice vote, a11 voting aye, Mayor Kirkham declared the motion carx�ed unanimously. � RESOLUTION #66-1970 - RESOLUTION RECEIVING EINAL PLANS AND SPECIFICATIONS AND ORDERING BIDS FOR WATER IMPROVEMENT PROJECT �95, SCHEDULE B: MOTION by Councilman Harris to adopt Resolution #66-1970. Seconded by Counca.l- man Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. i�,it� REGULAR COONCIL MEETING OF MARCH 16� 1970 PAGE 18 RESOLUTION #67-1970 - RESOLIITION REQUESTING THE MINNESOTA PUBLIC SERVICE COMMISSION TO GRANT A PERMIT TO ESTABLISH AN AT GRADE CROSSING OF THE MINNESOTA TRANSFER RAILWAY RAILROAD TRACKS AT THE WEST SERVICE DRIVE OF HIGHWAY #65 AT APPROXTMATELY 71ST AVENUE MOTION by Councilman Harris to adopt Resolution #67-1970. Seconded by Council- man Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously RESOLUTION #68-1970 - RESOLUTION REQOESTING THE MINNESOTA PUBLIC SERVICE COMMISSION TO GRANT A PERMIT TO E5TABLISH AN AT GRA➢E CROSSING OF THE MINNESOTA TRANSFER RAILWAY RAILROAD TRACKS AT THE EAST EDGE OF SECTION 11� T^30� R-24, IN THE CITY OF FRIDLEY MOTION by Councilman Liebl to adopt Resolution #68-1970. Seconded by Council- man Breider. Upon a vozce vote, a11 voting aye, Mayor Kirkham declared the motion carried unanimously. RESOLUTION �r69-1970 - RESOLUTION RELATIVE TO CITY OF FRIDLEY - NORTH SUBURBAN SANITARY SEWER DISTRICT SEWER USE AGREEMENT: (Lateral serving Filtration Plant in Locke Park) MOTION by Councilman Harris to adopt Resolution #69-1970. Seconded by Gouncilman Sheri3an. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RESOLUTION #70-197D - RESOLUTION AUTHORIZING TRANSFER OF FUNDS FROM THE CIVIC CENTER CONSTRUCTION FUND TO THE GENERAL FUND: MOTION by Councilman Lieb1 to adopt Resolution #70-1970. Seconded by Council- man Sheridan. Upon a voice vote, all voting aye, P4apor Kirkham declared the motion carried unanimously. Mayor Kirkham said that he would like to see the kitchen completed in the Community Room. The Finance Director sa�.d that the funds have been encumbered in 1969 for this �.mprovement. RESOLIITION #71-1970 - RESOLUTION APPROVING OF AN AGREEMENT EOR COST PARTICIPATION BY N.S.S S.D. FOR 69TH AVENUE AND $ICKORY DRIVE STREET IMPROVEMENT: The City Engineer explained that this agreement is for the cost participation by N.S.S.S.D for the work on 69th Avenue, Hickory Drive and Hickory Circle. The break down provides that N.S.S S.D. will pay for blacktopping, base and the boulevard work on the south side in the amount of about $20 thousand, and the City will pay for concrete curbing and the boulevard work on the n�rth side in an amount of about $27 thousand. The reason for the City's share being larger is that there is some storm sewer work necessary. Councilman Liebl asked i£ this agreement will be advantageous to the City. The City Engineer said yes, if N.S.S S.D. will sign Yt. MOTION by Councilman Harris to concur with the City Engineer recommendations in regard to the cost participation on 69th Avenue, Hickory Drive and Hickory Circle. Seconded by Councilman Sheridan. Upon a voice vote� all voting aye, Mayor Kirkham declared the motion carried unanimously. � L.� , a A �v @ REGULAR COUNCIL MEETING OE MARCH 16, 1970 PAGE 19 � MOTION by Councilman Sheridan to adopt Resolution #71-1970 and authorize the City Manager and the Mayo.z' to execute the agreement, Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. � , Councilman Harris said that he will request that the N.S.S.S.D. prepare a resoluta.on xelative to future wosk on these streets to protect the City in the event that they are torn up by the Metropolitan Sewer Hoard, before they need replacement. He said that it will be ready for the next Agenda. APPROVAL OF A PERMIT FOR N.S.S.S.D. FOR JACKING UNDER EAST RIVER ROAD AT 69TH AVENUE: MOTION by Councilman Harris to approve the permit sub�ect to N.S.S.S.D. signinq the agreement relative to the cost participation on 69th Avenue, Hickory Drive and Hickory Circle. Seconded by Councilman Sheridan. IIpon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. APPOINTMENSS - VOLUNTEER FIREFIGHTERS: MOTION by Councilman to concur with the appointment of the following volunteer firefighters. Seconded bp Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. Ron Schoneman 270 Rice Creek Terrace Fridley, Minnesota Richard Larson 720 Marigold Terrace Fridley, Minnesota CLAIMS Lawrence A. Hamer 41 66§ Way N.E. Fridley, Minnesota Ervin J Picha 5480 Altura Road N.E. Fridley, Minnesota MOTION by Councilman La.ebl to approve payment of General Claims #2D844 through #20978 and La.quor Claims #4241 through #4297, The motion was seconded and upon a voice vote, all voting aye, Mapor Kirkham declared the motion carried unanimously. LICENSESc MOTION by Councilman Harris to approve the following licenses: Cigarette Approved By Stav's Supexette 6483 IIniversity Avenue N.E. Fridley, Minnesota Stav's Superette 6319 Highway #65 N.E. Fridley, Minnesota By: Robert P. Stavanau By: Robert P. Stavanau Chief of Palice Chief of Police 4 p 1 \C � 5 1 � (..i V f�EGULA$ COUNCIL MEETING OF MF�RCPI 16 � 1970 Cigarette Licenses Continued. Chanticlear Pizza, Znc. 63D4 Highway #65 N.E. ' Fridleyr Minnesota By: Richard A. Kempe Atlantic Spartan Store 5351 Central Avenue N.E. By: Norton Lubeimen Fridley, Minnesota Twin City Novelty Co Tom Ryan Conoco 6389 University Avenue N.E. Fridley, Minnesota By: Tom Ryan Summit Gear Co. 5960 Main Street N.E. By• Michael Boyle Fridley, Minnesota Automatic Sales Co P]1GE 20 Approved By Chief of Police Chief of Police Chief of Police Chief of Police I � Target Stores, Inc. 755 53rd Avenue N.E. Fridley, Minnesota By: Ronald C. bfartin Chief of Police Fridl2y t:unicipal Liquot� Store 3710 6oat �.iv^�r Road PYid1�y, :�:�a���:^r^��� E�: ;.e.e-!rv� F;�s�r�lb-echt �hi�f mf Folic Fxtdtcy Mi�nicip^1 L$qaoa �:E°s 6161 Highzaay l+G5 I� Fridle}y, i=3lnnesota Fridley Municipal Liquor Sta�e 6481 University Avenue i+'E Fridley, [Sinneoota Frontier 5rea�c House 7373 Centrcl Avanue EdR Fridley, R:ii�ana�ota Frontier Clu'b , 7365 Central A�er�t�e N� Fridley, Minneeota Irv's Billi��td Center 6237 Univarsity Av�nue PdE Fridley, F.inr�EOta � Maple L�n�s Fridley f:ec. €� S�rv. Go. 6310 Highway J165 NE Fridley, Minnzsot� Mico Ind. Oil Co. 6500 Ea�t Riv�r Ro�d Fridl�y, Mia�necate� Kroger Co. 5251 Central A�enue NE Fridley, Minnesota By: Flareizcn E� ;elb�-ccht By: Florenc� Ecg�.lbceeht By: P;as i�;�ie ^ovgi�z'eti Sy: Marlene Fo-rliC�hi By: Patrick 3, Collier By. D. Savzlkaul Sy: lCenneth K, Mix By: J. W, Koon Chiei of �alica Ch4ef of Police Chi2f c� i'olice Chief of Polic? Chi.e£ o` �oiice Chief of Pol'ac�� ChieE of E'al�ca Chief of Fe? ice .1 � i �" � I �_J a e REGULAR COONCIL MEETING OF MARCH 16, 1970 Cigarette Licenses Continued. Ron's Standard 6490 UnivereiCy Avenue t7E FrLdley, MinnssoGa Sandee's Cafe 6k90 C�ntral Avenue l3T Fridley, Pfinnenote Snyder's Drug Storeo, Inc. 6582 Univereity Avenue NE Fridley, F;innesota Superior "k00" 7451 East Fiver Road Fridley, Minnesota Targat �oocl Stares 755 - 53rd Avenue ATE Fridley, A7innxsota VFW Post 363 1041 Ocborne Road NE Fridley, Minnesota Wantlarid Standard Oil 5311 University Avenue NF Fridley, Minnesota Gaa��v�I���y�,3 na.:,,T�rtna.. 6479 L'nfvaraity A�, NE Fridl¢y, Minnesota Howard Johnson's Restauran[ 5277 Central Ave. NE Fridley, Niinneoota Mr. Steak 5895 Universitv Ave. NE Fridley, btinnesota Burke's Texaco 63Q1 H�ghway /f6S Fridley, Minnesota Country Boy Station Store 1301 riississippi St. NE FrLdley, Mtnnesoia Embe[s, Inc. 5400 Central Avenue NE Fridley, Ffinnesota Fond Bonanza �--� n?3�`LiSwG ROdd � P�C1O �r�� L _e_.. _ �e By: Roland Caz Ey: William F. 47ei�� By: Richard D. UphoPf Sy: David Lo Kasell By: Jonathan Stores, Inc. Sid. Sr��dzn By: Erling 0. Edwards By: James Llantland By: Robert Christenson By: Phillip M. Garbe By: Thomas Powers By: Earl F. Burke By: Joh❑ Baucoa� By. Carl A, Sirnb�rg By. Culve� P�:u�so T�', � ��; � _ , PAGE 21 A5'�'F..'�TED F,Y ChLef of Polic� Chief o: �'nlice Ch:ef of F"oltc- Chief o� Polac� Chae£ oi I�olice Chief o_` Folic� Chief of Po1LCe Chief oE Po1LCe Ch1.ef of Police Chief of Police Chief of Police i�iht8f Di F�11C? Ghbef of golice CI„�f :,.` K*�1ice ,l `� � �) REGULAR COUNCIL MEETZNG OF MARCH 16� 1970 CI GA� `T"i`N' Ho�iday Villagz North 250 57th Avenue NS Fridley, Minnesota Holiday Service Station 5807 Ueli.varsity Avenu� NE Fridlep, Alannesota Holiday r?uto Highwa;� �Pu9tF & Unfv�rsity Ave. Fridley, Minn��ota Howie3 240 Missi.ssippi St. NB Fridley, Plinnesota .7imbo's Pizza 248 Mississippi St. NE Fridley, Minnesota North Air H;,�me AsSOCiation K-C Hall 5II31 HLgh�7ay ko5 Fridley, Minnesota Les' StanderL 7680 id±gh�aay #65 , Fridley, �i�.nnesota Metro 50�, Inc. 5333 University Avenue NE Fridley, M1.�nesota Moo[e L�ke Unzan 76 5695 H�ekmanr Av�nue NE Fridley, Minnesota P.D,Q. 6071 Univareity Avenue N� Fridley, N3innesota Penny's Super i?ari:v_t 6540 Unlversity 4�7nue NE Fridley, Minnesota Railroad Accassories Corp. 465� Main Street HE Fridley, Minnesota Rapid Shop Su�erette 6530 East River Road Fridley, Minnesota Red Oc:l Sfiares, Inc. 6525 ❑niversity P,ve. NE Fridley, N;innesota 0 By Yincant T, Lori¢a2r By• Vincent T. Larim�r By: Viking Enteeprises Inc. W,B, Cot�ncilcaan By- Howazd A. Pdelson By. Jam��s W.Schooley, Sr. By: J. R. Pleu.el By P& R Vending Service Roy A. Neleon By• Roger L.. F.'est By: Richard M. Kyro By: William McGuire By: Marion LevLne By� Griswold Coftee Co. Robert T, Steiner By: Irvang Gold?�erg By: Rictiard D, UphofE 0 _ y_ pAGE 22 AYFctO'd�D BY ' Chief of Police Chief of Police ChieE of Police Chief oF Potice Chief of i'olace Ghief of P�lict� Chief of Police Chief oF °clice Chief of Police Chief of Polue C: i�i or Po3 Lc� Chief oE Police� Chief of ?olice ChieE of 1'o1s.�� � , �- �J REGUI.P.R COUNCSL MEETING OF MARCH 16� 1970 C I GARF T"PE Day Cempany 500 73rd Avenue NE Fridley, Mfnnesata Precision Sreet t;etpl 5250 Main Street tdS Fridley, thinnesota Downing Eor. 5851 East River Boad Fridley, Minneeota Deal�rs Manufacture 5130 Main Street NE Fridley, 44innesoYa Burger King 6410 Univeraity Avenue NS Fridley, Minneaota Chuck's Gulf 7315 Highs�ay N65 Fridley, Minnesota Club 47 6061 Ur�iversity Avenue fiE Fridley, Minne.sota 55421 Colonial iiouse Restaurant 6215 University Avenue NE Fridley, Minnesota Country Club Market, Inc. 6215 Highs.�ay �65 Fridley, Minnesota Don's Gulf Station 5300 Central Avenue NE Fridley, P1u�nesota Fireside Rice Saw1, Inc, 741s0 Central Avenue NE Fridley, Minnesota Fridley Food Market S151i Es�t Eiv�r Road Fridley, Minnesota Gordys Country Boy 1(YS? O�borne Foad Fridloy, Minnesota Handy Superette Inc. 6253 UriLVersity Avenue NE Ftidley, Minneso[a By: ARA Sesv, of Minnesota , George K�ihl By: ARA Sme'v. of F.inr.aaota George Kuhl By: ARA Serv, of Minnesota George Ruhl By: ARA Serv. of Minnesota George Kuhl By: James E, t7cCarm By: Charles D. 3or�cr. By: Billy D, Harpole By: Paul A. Baiiy Hy: Harold P, Rehaumz By: Donald J. Michaels By• Glenn F, Wong By: John A, Rieck By Gordon G. Srren�on Sy David Schwapoach � � �- -�- PAGE 23 AP!'it OVL^;D HY Chief of Palice C6ief of Police Chief of 8olice C1iif,L of Po;tce C'! � - cf : o2ice Ch:ef cf Folice Chief of F'c7.`-cs Chies of F�olice Chief of Police Chief of Police Chief of Police Chiaf of 4olicc Chief of Palice ChiFf of Pol�,c� � u � )y _ 0 RE.GULAR COUNCIL MEETING OF hIARCH 16� 1970 Cigarette Licenses Continued East Riv�r Rocd Gardg2 6501 East RiverFoad Fridley, h9inn¢�ot3 Minnie Pearl's Chicken 5865 Univaraity A�e. NE Fridiey, Minnesota FA3C Corp, ` 48Ch & Marshall Ave. NE FsidZ�y, t3�nnescnta Duffy's A � 4F 7429 East F.1•✓as Itoad Fridley, Minnesota By: Joseph W, Dolfn By: Robert J. Sirpless By: Canr_e�n Ca, Of N3innesota Eve?yn CosgdovE By: E. P1. IT:ffy GAS SEP.VICES Blue Flame Contractors, Inc. 5309 Edina Industxial Eoulevard Edina, Minnesota By: Gxant E. ,7ohnson GENERAL CONTR.�tiTOR Jensen Construction 7730 Greenwood IYive Minneapolis, Minnesota By: Allen G. Jensen Mork & Associates, Inc. 1525 Glenwood Avenue Nc�rth Minneacolis� Minna�oLn By: R. W. Mork f:uyal I.ilir.:imtsn P:.cd;,::�_s, I-.,c� 526-Gik liv����=€ ;:c, th Piinneapolis, P:bnne�ota by: Aleck Osirow HEATIDTG Blue Flame Contxactors Inc. 5309 Edina Industrta7 P.^�_i1z��a-d Edina� Minneso�a By SZG;I Lf�.C1OP. ?C=�-��f^��n A�lvert�si.nv Co. 315 Norti� T�aa`1'_.-,ai.;,:� kAGE 24 � Chief rf poZice C4ief of Polic� Chief of Police Chief oE Poli � APPROVED BY NEW P16g. Insp. � NEW Bldg. Insp. NEW Bldg. 7.i�s?�. NEW Bldg. Ia�ep. Gr=nt- E. Jo?�'i:sen P'�rI Plbg, i,iaQ. tLane.�polas, PI;_n-i.=o�.. B�: R. L�I. :��;`u.t�n Ri::�TEIAL �1d�. Znsp WELL D"xlzL7.ING Clarence Zuerche� Comozny, inc. 1949 Arcade Street St, Pau1, t�iintzesoca �y Clar�r.c� ZuezchPr PT�J PIb�. In:,n. � �>> r""'� � � � REGULAR COUNCIL MEETING OF MARCH 16� 1970 PAGE 25 THE MOTION to approve the licenses was seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayox' Kirkham declared the motion carried unanunously. ES`i IMA`i`ES � Weaver, Talle & Herrick 316 East Main Street Anoka, Minnesota 55303 For Services Rendered (February) Minnesota Tree, Inc. 6550 Flying Cloud Drive Eden Prairie, Minnesota 55443 Estimate #1 - Tree and Debris removal from high water in parks, 1969 Flood D.M. Noyes Construction Company, Inc. 430 Oak Grove, Suite 201 Minneapolis, Minnesota 55403 Estunate #4 PARTIAL for work completed on Sanitary Sewer and Water Improvement Pro�ect #93 ��� $ 2,725.50 $ 6,376.04 $28,341.36 MOTION by Councilman Liebl to approve payment of the estimates, noting that the payment for D.M. Noyes Construction Comapny, Inc is to be made in con7unction wrth Home Owners Insuxance Company, as previously stipulated. The motion was seconded and upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. COMMUNICATIONS: A. FRILDEY JAYCEES: CARNIVAL MOTION by Councilman Harris to receive the communication from the Fridley Jaycees signed by Marvin L. Bodeker, dated March 2, 1970 Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. B. SPRING LAKE PARK REGARDING FORMULA EXPLANATION Mayor Rirkham said Thank You to Marvin Brunsell, Finance Director, for receiving the commendable letter, i MOTION by Councilman Sheridan to receive the communication from the Village of Spring Lake Park, signed by John M. Conde, C1erk, dated Februaxy 19, 1970. Seconded by Councilman Breider. Upon a voice vote, all vota.ng aye, Mayor Kirkham declared the motion carried unanunously C. MINNEAPOLIS SUBURBAN REFUSE REMOVAL ASSOCIATION WILLING TO HELP WITH PROBLEMS MOTION by Councilman Liebl to receive the communication from the Minneapolis Suburban Refuse Removal Association dated March 5, 1970. Seconded by Councilman k� � ��_ REGULAR COUNCIL MEESING OF MARCH 16� 1970 PAGE 26 Breider. Upon a voice vote, a11 voting aye, Mayor Kirkham declared the motion carried unanimously. D, FRIDLEY CI�MBER OE COMMERCE: IN FAVOR OF COMPETITIVE PRIVATE GARBAGE PICKUP MOTION by Councilman Harris to receive the communication from the Fridley Chamber of Commerce dated March 12, 1970. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unani- mously. R�SOLUTION #72-1970 - RESOLUTION REVOKING AND REDESTGNATING MUNICIPAL STATE AID STREET: The City Engineer explained that this resolution is merely removing one street that had formerly been designated a state aid street and naming another. The State Aid Section felt that Ashton Avenue should be designated a state aid street as it is serving an industrzal area. The mileage would be the same. MOTION by Councilman Liebl to adopt Resolution #72-1970. Seconded by Council- man Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. ADJOURNMENT: MOTION by Councilman Harris to ad�ourn. Seconded by Councilman Liebl. IIpon a voice vote, all voting aye, Mayor xirkham declared the Regular Council Meeting of March 16, 1970 ad�ourned at 11 2D P.M. Respectfully submitted, i �J / ,� �;� ��i"'�% %`/�iW`�✓ v Juel Mercer Secretary to the City Cauncil 44 �/��/ /('��",. �G�.. ��..,�/LC/�'" [�r/ ` � / Jack 0. Kirkham -- Mayor � � �