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07/06/1970 - 00018689.�� �,�� ( � THE MINUTES OF THE REGULAR COONCIL MEETSNG OF JULY 6, 1970 Mayor Harris Pro tem called the Regular Council Meeting of July 6, 1970 to order at 7:43 P.M. PLEDGE OF ALLEGIANCE: Mayor Harris Pro tem lead the Council and the audience in saying the Pledge of Allegiance to the Flag. ROLL CF1LL: MEMBERS PRESENT Haxris, Brelder, Sheridan, Liebl MEMBERS AHSENT: Kirkham OF AWARP= Posthumous Certificate of Achievement to Raymond J. Anderson Mayor Harris Pro tem read the Certificate of Achievement aloud, and presented it to Mrs. Raymond J. Anderson. APPROVAL OF MINUTES OF THE REGULAR COUNCIL MEETING OF JUNE 15, 1970: � MOTION by Councilman Liebl to adopt the Minutes of the Regular Council Meeting of June 15, 1970 as presented. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. APPROVAL OF THE MINUTES OF THE SPECIAL COUNCIL MEETING OF SIINE 22, 1970: MOTI0IQ by Councilman Sheridan to adopt the Minutes of the Special Council Meeting of June 22, 1970 as presented. Seconded by Councilman Breider. Jpon a voice vote, all voting aye, Mayor Harxis Pro tem declared the motion carried. APPROVAL OF MINUTES OF THE BOARD OF EQUALIZATION MEETING OF JIIN� 25, 1970: MOTION by Councilman Breider to adopt the Minutes of the Board of Equalization Meeting of June 25, 1970. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. APPROVAL OF THE MINUTES OF THE SPECIAL COUNCIL MEETING OF JUN� 29, 1970 MOTION by Councilman Sheridan to adopt the Minutes of the Special Council Meeting of June 29, 1970 as presented. Seconded by Councilman Liebl. Upon a voice vote, al1 voting aye, Mayor Harris Pro Y.em declared the motion carried. ADOPTION OF AGENDA � NIOTION by Councilman Sher�.dan to adopt the Agenda as presented. Seconded by Councilman Liebl. Upon a voa.ce vote, a11 voting aye, Mayor Harris Pro tem declared the mota.on carried. 1� :� �; REGULAR COUNCIL MEETING OF JULY 6, 1970 PAGE 2 VISITORS: � Mr. Carl Paulson. Aazardous Building at 415 57th Avenue N.E. Mr. Carl Paulson said that this is relating to a dangerous building on Lot 4, Block 4, City View Addition. There is currently a district court case concerning this garage. There has been a hearing and there is another one coming up and he would like the Council to designate him as a witness so that he can testify. He said that there has been some erroneous informatzon and he is in a position to clarify it. The attorney for this case is one held over from the last Administration and he needs the authorization of the Council for Mr. Paulson to testify. He said that the property has been tax delinquent for four years, and the structures ad7oining the dilapidated garage are very close and he could not see what would happen to this property. MOTION by Councilman Liebl to authorize Mr. Carl Paulson desiqnated as friend of the City and able to appear as a witness. Seconded by Councilman Breider. Upon a voice vote, a11 voting aye, Mayor Harris Pro tem declared the motion carried. NLr. Paulson said that he would like to be on the Agenda when Mayor Kirkham gets back to discuss garbage pick-up costs. He said that the cost now zs high, and he felt that it would be going higher. Mayor Harris Pro tem said that because of the ma9nitude of the problems relating to this question, this item will be back on the Agenda for the next regular Meeting. � Mike O'Bannon - Heather Hills P1at Mr. Mike O'Bannon said that in the Heather Hills plat, there will eventually be about 41 lots at the most. He hopes for three entrances into the lots. He would like to request that the 36' requirement be reduced to 31' for the entrance road. There zs 50' right of way and he would be making the road 31 feet back to back. The City Engineer explained that the Counail has adopted a policy of 36' roadways an new plats. An exceptzon could be made because of the steepness of the slope of the roadwap on that section of the road that will be concrete iP the Council wants to allow a 31' road. Mr. O'Bannon agreed that the concrete would be on the steepest part of the street up the hill, and pointed out there would be no parking on the hill. MOTION by Councilman Sheridan to grant a waiver of policy of the City Council and allow Mike O'Bannon to put in a 31' road back to back on the concrete portion of the street, to start at Rice Creek Road and go southerly 300'. Seconded by Councilman Liebl. Councilman xarris said that he would like to see the concrete extend through the intersection. The City Engineer added that of course, concrete is less costly to maintain. Mr. O'Bannon said that this would add onto the cost of the lots and they are high already. The Crty Engineer asked if he planned to keep the blacktop � portion at 36' within the plat. Mr. O'Bannon said that this wou,ld mean taking out some beautiful maple and birch trees. There is one maple tree that would be lost that would probably cost about $500. Councilman Sheridan suggested off- setting the street within the right of way to save the trees. This has been done before in the City to save some very lovely olci trees. REGULAR CDIINCIL MEETING OF SULY 6, 1970 L C�'C� PAGE 3 � THE VOTE UPON THE MOTION, being a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. RATIFICATION OF RESOLUTION #128-1970 - A RESOLUTION AWARDING THE SALE OF $ SPECIAL ASSESSMENT BONDS AND $460.000 WATER WORKS BOND: MOTION by Councilman Sheridan to ratify Resolution #128-1970. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. Councilman Sheridan pointed out that Councilman Breider's name was misspelled on Page 26 and Page 30 of the Agenda. Mayor Harris Pro tem asked that this be corrected. RATIFICATION OF RESOLUTION #129-1970 - A RESOLUTION RELATING TO $1,330,000 SPECIAL ASSESSMENT FUND BONDS, FIXING THE FORMS AND SPECIFICATIONS THEREFORE AND DIRECTING THEIR EXECUTION AND DELIVERY AND PROVIDING FOR THEIR PAYMENT: MOTION by Councilman Liebl to ratify Resolution �129-1970. Seconded by Council- man Sheridan. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. R�TIFICATION OF RESOLUTION #130-1970 - A RESOLUTION RELATING TO $460,000 WATER WORKS BONDS� FIXING THE FORMS AND SPECIFICATIONS THEREOF, DIRECTING THEIR � EXECUTION AND DELIVERY THEREOF AND LEVYSNG TAXES FOR THEIR PAYMENT: MOTION by Councilman Breider to ratify Resolution #130-1970. Seconded by � Councilman Sheridan. Upon a voice vote, there being no nays, Mayor Harris Pro tem declared the motion carried. CONSIDERATION OF GROUP HOSPITALIZATION PLAN FOR THE NEXT SEVENTEEN MONTHS: (HENNEPIN COUNTY BLUE CROSS MII): The City Manager said that this information is the same as was presented previously by the Finance Director. He said that Mr. �liddag, Purchasing Agent, is present to answex any questions in the absence of the Finance Director. The committee made the recommendation to the Council that the City accept the Hennepin County Blue Cross MII plan. This would be effective August lst. Councilman Liebl at the last meeting asked if they were under the control of the State and the City Attorney has researched it and presented his memorandum to the Council. MOTION by Councilman Liebl to receive the communication from the City Attorney on the Employee Group Hospitaliaation Insurance dated July 6, 1970. The motion was seconded and upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. Councilman Liebl said that it appears that MII is a s�_ock company, but Blue Cross and Blue Shield are not, but are mutuals, and as such are not directly , under the 7urisdiction of the State. He asked the City Attorney if, in his opinion, the City could take this risk. The City Attorney explained that a _ stock company is sub�ect to more direct control than is a mutual company. Mutuals are, however, under the jurisdiction o£ the Attorney General oE the State of Minnesota, and they have requested the Insurance Commissioner to examine their procedures and financial statements and make reports to the Attorney General on their condition and recommend any corrective action, if necessary. � L� �} AEGULAR COUNCSL MEETING OF SULY 6, 1970 PAGE 4 The City Manager pointed out that with a group of 4000 people, the number of � people that would be making a claim would not have a great affect on the premiums. At least not as much as if the group were smaller. Councilman Harris said that he understood that this plan is being considered as the plan the Crty is now under would be accelerating their rates. The City Manager said that this is true, the old plan is going higher. If the City �oins with Hennepin County the rates would be lower and it appears that they would stay lower because of the number of people involved. Councilman Harris commented that the purpose is to get the most the City can for the least amount of money. Councilman Liebl said that he would vote for this policy as the committee recommended it, but he would put more trust in a stock company. He felt that the City should try it, as it does give the employees more coverage, although the guarantee is not there as it is in a stock company. If this does not work out, the City is not bound for more than the 17 months, and then it could be open bidded. Mr. Middag said that this is correct. After the 17 months is up, it could be re-bid. Every quarter there is a review and there could be an increase in rates. MOTION by Councilman Liebl to adopt the Hennepin County Blue CrosS MII insurance plan and the recommended life insurance and AD & D coverage for the next 17 months, expiration would be December, 1971. Seconded by Councilman Sheridan w�th the comment that stock companies that have been licenses have also gone defunct. A mutual company has the rzght to assess as necessary to put themselves � kaack on their feet. He felt that the City is getting some benefits that they could not afford if they had their own plan, THE VOTE UPON THE MOTION, being a voice vote, all voting aye, Mayor Aarris Pro tem declared the motion carried. CORRECTED SECOND READING AND ORDERING PUBLICATION OF ORDINANCE NO. 431 - VACATION OF ALL THAT PART OF HORIZON DRIVE LYING EAST OF RIGHT OF WAY LINE OF 3RD STREES N.E. (CITY OF FRIDLEY): MOTION by Councilman Liebl to adopt Ordinance #431 on the corrected second reading, waive the readzng and order publication. Seconded by Councilman Breider. Upon a roll call vote, Liebl, Harris, Breider, and Sheridan voting aye, Mayor Harra.s Pro tem declared the motion carried. DISCUSSION REGARDING ASSESSMENT ON JEFFERSON STREET: Councilman Sheridan commented that it appeared that there were some people present on this item. He said that the Council has received some material on this particular section of the street. As has been the policy of the Council in the past on double frontage lots the assessment has been placed on the non- address side at a rate of 250 of the normal assessment charged £or that street. This has been the policp in the past and he did not want to see i,t changed. In every case there has been a full right of way, but in the case of Jefferson 5treet, and the street on the south side of the plat, known as Lakeland or � 57th Avenue extended, these are not full width right oi ways or driving surfaces. At the time of platting Donnays Lakeview Manor Addition, the Council elected to vacate '� of .7efferson Street and deed to Mork Champion, the developers. The other half was dedicated. All the homes in Donnays Lakeview Manor Addition have garages that face the address side of their homes. There is no benefit to � �� REGULAR COUNCIL MEETING OF .7ULY 6, 1970 PAGE 5 � their homes with this new street. Because the street is not full right of way width, and never has been, his suggestion to the Council is that the people in Donnays Addition on 57th and Madison be excluded f.rom the assessment for the improvement of Lakeland Avenue and Jef£erson Street. He added that he undexstoa3 that the streets would be done in 1970 and would be on the assessment rolls in 1971. Mr Ed. Marciniac, 601 58th Avenue N.E., said that the east 30' has been in- corporated into their lots. Councilman Liebl said that if there is a motion made, he would like to comment that this is not full right of way width and the previous Council gave =, of the street to Donnay, so that is part of their property. This makes this a specific case, and he felt that the people backing onto Jefferson could not be assessed that front on Madison. The street is there £or the people living on the west side and they shov.ld bear their share of the assessment. Sinre there is no curbing, the assessment would be less. Councilman Sheridan said that the Council never vacated the east '� of the street, as it was never dedicated. If the platting of Donnays Addition had gone in as the Adams Street Addition in the normal grid pattern, they would have had to dedicate part of the plat for street purposes. MOTION by Councilman Sheridan that the east properties on Sefferson from Lakeland � (57th) to 58th, and Lakeland from Jefferson to 7th Street on the south not be assessed the 25o assessment for the street imnrovements. This is no deviation from the normal assessment policy on double frontage lots as there was never full sight of way. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. MEETING WITH GEORGE M. HANSEN COMPANY: Mr. George M. Hansen was not preSent at the Council Meeting. RECEIVING THE I3INUTES OF THE PLANNING COMhIISSION MEETING OF JUNE 17, 1970: 1. SPECIAL USE PERMIT� SP #70-05, CPL. JAMES L. ROBINSON BY G.D GIANCOLA� HIS ATTORNEY: To construct a service station on Lots 1 thru 6, Lot 9, Noxth 68 feet of Lot 20, Central Avenue Addi�ion. The City Engineer said that the Planning Commission recommended approval of the special use permit and that this item could be discussed all at the same time under consideration of the rezoning ordinance, the next rtem on the Agenda. 2. VACATION REQUEST: SAV #70-04, CPL. JAMES L. ROBINSON BY G.D. GIANCOLA, HIS ATTORNEY: Vacation of Brook Street - immediately south and abutting Central Avenue Addition. The City Engineex reported that the vacation was approved by the Planning � Commission and the Council action would be to set the Public Hearing for August 10, 1970. MOTION by Councilman Breider to set the Public Hearing date of August 1D, 1970 for the vacation requested by Cpl. James L. Robinson. Seconded by Councilman Sheridan. Upon a voice vote� all voting aye, Mayor Harris Pro tem declared the motion carra.ed. ��� R�GULAR COUNCIL NIEETING OP JULY 6, 1970 PAGE 6 3. LOT SPLIT REQUEST. L.S. #70-OS, FREDERTCK A. SKOG: North 10 £eet of Lot � 17 to be added to Lot 18, Block 2, Parkview Oaks lst Addition. The City Engineer reported that the Planning Commission recommended approval of the request for this lot split. It merely takes a small section of land from one lot and adds it to the ad�acent lot. He then passed out a map of the area to the Council. He said that this split would give the people a little more room. Councilman Sheridan commented that he recalled this house was one that the builder set the wrong way on the lot. MOTION by Councilman Sheridan to approve the lot split requested by Frederick A. Skog. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. 4. LOT SPLIT 12EQUE5T: L.S. #70-09, WEND�LL ELLIOTT: South 20 feet of Lot 1, Block 1, Sandhurst Addition deeded to Lot 2. The City Engineer said that this would be splitting the south 20' and deeding it to Lot 2. The Planning Commission approved of the request. This is the way the people have been maintaining their lots and this would �ust make the split legal. This is necessary at this time as there are street improvements going in on Hartman Circle and the correct person shou�� be-assessed. MOTION by Councilman Breider to approve the lot split requested by Wendell Elliott. The motion was seconded and upon a voice vote, all voting aye, � Mayor Harris Pro tem declared the motion carried. MOTION by Councilmarz Breader to receive the P4in�tes of the Plannxng Commisszon Meeting of June 17, 1970. 5econded by Councilman Sheridan. Upon a voice vote, a11 voting aye, Mayor Harris Pro tem declared the motion carried. CONSIDERATION OF SECOND READING OE AN OADINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY� MINNESOTA SY MAKING A CHANGE IN ZONING DISTRICTS (20A #70-04): Kezoning area generally located at the corner of 73rd Avenue and Central Avenue N.E. by Cpl. James L. Robinson by G.D. Giancola, his Attorney. The Crty Engineer said that there were three it�ms that need to be considered. This is in Central Avenue Addition. All the property is owned by one property owner at this time. It is being spl�t to make a gas station site. The Planning Commission recommended approval of the lot split, special use permit and the rezoning. He said that he would recommend that an additional 15' be obtained along the northerly side of the property across Central Avenue Addition to get an additional turning lane. N1r. G.D, Giancola said that the plans have been submitted to the City Engineer. He said that he is in possession of a letter agreeing to deed the northerly 15' as requested. The City Engineer said that he had hoped to shift the whole plat 15' to the south as his feeling was that this is not adequate property for development as a gas station site. NLr. Giancola said that he had met with the City Engineer and they went over this problem. He felt that if 15' was deeded � across the north, this wonld suffice and still give room for the exits and entrances. Councilman Liebl asked if they were in agreement with the Planning Commission's recommendation for evergreens along the west of the buYlding. Mr. Giancola came forward with the plans and showed him how the shrubbery was planned. It does show shrubbery as a buffer zone on the west and south sides. 'I, ii � t L 1 c' REGULAR COUNCIL MEETING OF JULY 6, 1970 PAGE 7 � Councilman Harra.s asked if there was any chance that the property owner to the south would see fit to clean up his property. Mr. Giancola said that this is a foreclosure and he did not know what was going to happen with it. Councilman Harris said that there have been a number of complaints about debris laying on the ground. The Council would surely like to see this area cleaned up. Mr. Giancola said that he would make this request. Councilman Sheridan explained that it is the practa.ce of the Council to hold the second reading of the rezoning ordinance in abeyance until a11 the plans and specifications are in and the building permit is applied for, and they are ready to start construction. The City has had cases in the past were a pa.ece of property has been rezoned, then there is�never anything done with the property. This procedure is to eliminate this happening. There is no problem as long as the petitioner proceeds with the plans. The rezoning ordinance can be held in abeyance for 6 months awaiting the plans and specifications and if nothing has transpired, the petitioner has to start all over again and go through the subcommittees. Mr. Giancola said that he was representing the fee owner of the property and that Skelly Oil will have to take care of the plans and specifications and the application for the building permit. N1r. R.G. Sundberg, Skelly Oil Company, said that the plans are ready and they can make application for a building permit immediately. Councilman Breider said that he would like to see the ad7oimng property cleaned � up also. There is an old 7unk car sitting the.re that he knows of and miscellaneous other 7unk. Mr. Giancola said that he would urge him to do so. He said that he has never discussed this problem with him so he could not answer for him. The City Attorney said that he believed that there was already some action on this. The City Engineer said that a notice has been served to the property owner and then everything has been turned over to the City Attorney. The City Attorney said that he would check it out, and have a report at the next regular Council Meeting. Mr. Giancola said that he was also going to start with the registered land survey to take care of Lots 7 and 8 and the south '� of Lot 20. The Planning Com- mission had suggested that this be under a registered land survey. The City Engineer said that he did not believe that the County would accept a registered land survey and that it would have to be platted. The City Engineer said that their next step would be to go to the Building Standards-Design Control Subcommittee afor approval of their plans. As to the special use permit he suggested that rt should include the following stipulations: 1. That they would dedicate a 15' strip, plus a radius at 73rd Avenue and Central Avenue. 2. That they would pave the additional lane and put in curbing on the north and east sides, both to be dedicated to the City. 3 Curb all the blacktopped area. 4 IInderstand that the special use permit is for gas station and service station only � Mr. Richard Harris, Building Standards - Design Control Subcommittee, said that i£ the plans are ready, there is a meeting next Thursday and they may be able to gek on the Agenda. Mr. Sundberg said that the plans are ready• Councilman Hazris said that if the plans are approved before the 20th, they would be back on the Council Agenda at that time. � ���q REGULAR COUNCSL MEETING OF JULY 6� 1970 PAGE 8 MOTION by Councilman Breider to approve the speca.al use permit sub7ect to the � following conditions. that they would dedicate a 15' stra.p along 73rd Avenue, plus a radius at 73rd Avenue and Central Avenue; that they would pave the additional lane and put in curbing on the north and east sides, both to be dedicated to the City; that they would curb all the blacktopped area; and that the special use permit is for gas station and service station only. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. RECEIVING TH� MTNUTE5 OF THE BUILDING STANDARDS - DESIGN CONTROL NIEETING OF JUNE 18. 1970: CONSIDERATION OF A REQUEST TO CONSTRUCT AN 18 STALL GARAGE COMPLEX TO ACCOMODATE AN 18 UNIT APARTMENT BUILDING THAT IS IN THE PROCES5 OF BEING CONSTRUCTED ON LOT 23, AUDITOR'S SIIBDIVISION N0.129, THE SAME BEING 1441 73RD AVENUE N.E., FRIDLEY MINNESOTA. (REQUEST BY MIDWEST MECHANICAL SERVICES, 340 TAFT STREET NE., MINNEAPOLIS� MINNESOTA): This request is for an 18 unit garage to be added to an apartment unit across from Onans. They would like to put in a gaxage rather than the blacktopped parking places. The Building Standards - Design Control Subcommittee recommended approval of the request. MOTION by Councilman Breider to approve the request to add an 18 stall garage complex to accomodate an 18 unit apartment building at 1441 73rd Avenue N.E. � Seconded by Councilman La.ebl. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. MOTION by Councilman Liebl to receive the Minutes of the Building Standards - Design Control Meeting of Sune 18, 1970. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. RECEIVING THE MINUTES OF THE BUILDING STANDARDS - DESIGN CONTROL MEETING OF JUNE 24, 1970: CONSIDERATION OF A REQUEST TO MOVE A CHURCH FROM 6541 EAST RIVER ROAD� FRIDLEY, MINNESOTA TO 6601 OAKLEY DRIVE N.E.� FRIDLEY, MINNESOTA� THE SAME BEING LOT 8, SEWND REVISED AUDITOR'S SUBDIVISION #21, ANOKA COUNTY� MINNESOTA. (REQUEST BY MICHAEL SERVETUS UNITARIAN SOCIETY� 6541 EAST RIVER ROAD, FRIDLEY� MINNESOTA): The City Engineer explained that this was first discussed in the Minutes of the 1Sth and continued to their meeting of the 24th, where they recommended approval sub�ect to certain conditions. He then pxesented the plans at the Council table. Mr. Glenn Thompson said that there were some changes made in the plans at the Building Standards - Design Control Meeting and they are in the process of changing their plans. They are not done yet due to the vacations of the � people concerned. He said that they would be ready within 10 days and would be ready for Councxl action on their Meeting of the 20th. MOTION by Councilman Breider to tahle this item and have it brought babk on Suly 20th. Seconded by Councilman Liebl. Upon a voice vote, al1 voting aye, Mayor Harra.s Pro tem declared the motion carried. � � � �� �� REGULAR COUNCIL MEETING OF JULY 6, 1970 PAGE 9 MOTION by Councilman Liebl to receive the Minutes of the Building Standards - Design Control Meeting of June 24, 1970. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carraed. RECEIVZNG THE MINUTES OF THE BOARD OF APPEAL5 MEETING OF SUNE 23� 1970: A REQUEST FOR A VARIANCE OF SECTION 56.05, 6A, FRIDLEY CITY CODE, TO INCREASE THE MAXIMUM SIGN AREA OF AN IDENTIFI.CATION SSGN FROM 80 SQUARE FEET TO 189 SQUARE FEET TO BE ERECTED ON PARCEL 6600, SOUTH g OF 5ECTION 2� ANOKA COUNTY, MINNESOTA� THE SAME BEING 6970 CENTRAL AVENUE N.E., FRIDLEY� MINNESOTA. (REQUEST BY MEDTRONIC INCORPORATED� 6970 CENTRI�I� AVENTJ� N.�� FRIDLEY� MINNESOTA): The City Engineer showed the Council plans for the sa.gn and said that it would be more of a structure than a sign, and has an attractive appearance. Eventually this is going to be Medtronics' headquarters. The Board of Appeals recommended approval. Mr. Alan Davidson, Route 3, Stillwater, Minnesota, Plant Manager for Medtronic was present and presented a replica of the structure for the Council to see. MOTION by Councilman Liebl to approve the variance as requested. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. RECEIVING THE MINUTES OE THE PARKS AND RECREATION MEETSNG OF JUNE 8, 1970 MOTION by Councilman Liebl to receive the Minutes of the Parks and Recreation Commission Meeting of June 8, 1970. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. RECEZVING THE MINUTES OF THE PdRKS AND RECREATION MEETSNG OE SUNE 29, 1970: MOTION by Councilman Sheridan to instruct the Administration to work wa.th the Parks and Recreation Department in outlining and identifying the areas in regard to the need for boulevard tree trimming and also to control the vandalism bp inereased patrolling of Locke Park and Moore Lake Beach. Seconded by Councilman Breider. Upon a voice vote, a11 voting aye, MayoY Harris Pro tem declared the motion carried. RECEIVING THE BIDS AND AWAR➢ING CONTRACT FOR MOTOR FIRE APPARATUS.(Bids opened 12.00 Noon, July 6, 1970) Bidder Bid Bond Base Bid Alternate A Delivery Date Peter Pirsch Maryland Cas. Co. $38,291.00 Kenosha, Wisc. Sa B.B. � Howard Backus Travelers Ind. $38,614.00 American Lafrance 5% B.B. Victoria, Minn. American Fire Apparatus St. Paul Fire &$38,195.8D Marshalltown, Iowa Marine $6000.00 $2,448.00 does not include hose $5,931.00 $3,800.00 does not include hose 540 Days 240 Work Days 300 Days ��� REGIILAR COUNCIL MEETING OF JULY 6� 1970 PAGE 10 MOTION by Councilman Liebl to receive the bids as listed. The motion was seconded and upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. APPROVAL OF FI13E DEPARTMENT PAFROLL FOR DECEMBER 18, 1969 THROUGH JUNE 17, 1970: MOTION by Councilman Liebl to approve the Fire Department payroll as listed in the Agenda of July 6, 1970 for the period from December 18, 1969 thsough June 17, 1970. Seconded by Councilman Sheridan. Upon a vo�ce vote, all voting aye, Mayor Harris Pro tem declared the motion carried. DISCUSSION REGARDING REAPPROVAL OF BRENTWOOD ESTATES PLAT: Councilman Lieb1 asked if there have been any change since the Council last saw the plat. The City Engineer said that the plat was the same but there has still not been a deed from School District #14. They are ready to file the plat, this is the reason rt is coming back to the Council. MOTSON by Councilman Sheridan to reaffirm and reapprove of the plat of Brent- wood Lstates. Seconded by Councilman Breider. Councilman Sheridan asked if the City Engineer knew of any reason why the School has not given the deed. The City Engineer said no, the deed has been sent to them. The City Attorney pointed out that his firm is also the attorneys for School District #14 and he would try to see what was holding it up. Mayar Harris Pro tem asked him to please pursue this. TFIE VOTE UPON THE MOTION, being a voice vote, all voting aye, Mayo.r Harris Pro tem declared the motion carried. DISCUSSION REGARDING REAPPROVAL OF MARXEN PLAT: Councilman Sheridan commented that this is the plat that was granted a time extension. The City Engineer said yes, the applicants wanted to wait to see what was qoing to happen with the land ad�acent to their's in regard to the rezoning, but that has not progressed and they are now ready to file the plat. MOTION by Councilman Breider to reapprove of the Marxen plat. 5econded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried DISCUSSION REGARDING ADDITIONAL TAX FORFEIT LOTS: The City Engineer presented a map of the areas the City would like to retain for the purpose of dumping clean fill from construction and a place to put the street sweepings. He said that this has to be taken care of by August lst. The Council indicated that they would like further information, such as the taxes due on the two areas, and asked that this be brought ba�k on the next Agenda when there is further information supplied. MOTION by Councilman Liebl to table this rtem to the Meeting of July 13, 1970. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayox Harris Pro tem declared the motion carried. � � � � 4 � Y REGULAR COUNCIL MEETING OF JULY 6, 1970 PAG� 11 � RESOLUTION #131-1970 - A RESOLUTION RECEIVING THE PRELIMINARY REPORT A1VD CALLING A PUBLIC HEARING ON THE MATTER OF THE CONSTRUCTION OF CERTAIN IMPROV�- MENTS: STREET IMPROVEMENT PROSECT ST. 1970-3: MOTION by Councilman Liebl to adopt Resolution #131-1970. Seconded by Council- man Sheridan. A memher of the audience asked how long this would be. Mayor Harris Pro tem said that there could be nothing done until there was a public hearing held and the hearing could not be held until the plans and speca.fications are received from the State. The City also has to receive approval of the States' cost participation. Councilman Sheridan added that it would not be done in the 1970 construction year, probably in the 1971 construction year. The member of the audience asked when the signals for 61st would be completed. The Council adva.sed him that the resolution has been passed and the State has agreed to put in the left turn arrows, but it is a matter of when the money will be available. Councilman Harris added that the City cannot touch the sa.gnals. They are State controlled. UPON A VOICE VOTE, all voting aye, Mayor Harris Pro tem declared the motian carried. RESOLUTION #132-1970 - A RESOLUTION REQUESTING MINNESOTA HSGHWAY DEPARTMENT POR � TECHNICAL ASSISTANCE AND COST PARTICIPATION FOR DETACHMENT OF SERVICE ROADS ON T.H. #47 AT 61ST AND 57TH AVENUE5: MOTION by Councilman Liebl to adopt Resolution #132-1970. Seconded by Counca.l- man Sheridan. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. RESOLUTION �133-1970 - A RESOLUTION REQUESTING METROPOLITAN COUNCIL TO COORDINATE A STUDY FOR THE NEED OF ADDITIONAL BRIDGE OV�R THE MISSI5SIPPI RIVER: MOTION by Councilman Sheridan to adopt Resolution #133-1970• Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. RESOLIITION #134-1970 - A RESOLVTION APPROVSNG IMPROVEMENT PROJECT ON EAST RIVER ROAD AND ADSACEAiT SBREETS BETWEEN INTERSTATE 694 AND RICE CREEK: MOTION by Counca.lman Liebl to adopt Resolution �134-1970. Seconded by Council- man Breider. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. The City Engineer reported that there has been a verbal agreement on the part o£ the Bureau of Roads that there will be a committment of funds under the T.O.P.I.C.S. program to help with this pro7ect. � RESOLUTION #135-1970 - A RESOLUTION ACCEPTING PARK LAND FROM BRONSON - ERICKSOSd� INC., AND DE5IGNATION OF NAME OF PARK AS "JOHN ERICKSON PARK": Councilman Harris asked where this property is located. The City Manager said that it is in the vicinity of Spring Lake and Osborne Road. � L� � REGULAR COUNCIL MEETING OF SULY 6, 1970 PAGE 12 MOTION by Councilman Breider to adopt Resolution #135-1970. Seconded by � Councilman Liebl. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. DISCUSSION REGARDING STATU5 OF PROSSCT #93 (AREA NORTH OF OSBORNE ROAD): Mr. Ice Comstock, of Comstock and Davis, Inc., Consulting Engineers, said that he has issued a Certificate of the Engineer under the date of July 1, 1970 addressed to the City Council. He has sent copies to the vice president of the bonding company, D.M. Noyes Construction Company and the engineer employed by the bonding company to investigate the avenues to follow now. He said that it appears that this is the next step required to put the bonding company in the position to take over the work. His recommendation to the Council was to terminate the contract with Noyes. Councilman Harris asked if kse felt that the amount of retainage was sufficient to cover the problems with the termination of the contract. Mr. Comstock said that an accurate estimate could not be done because of the amount of testing that has not been completed. Councilman Aarris commented that only the work that was completed has been paid for. He added that this is a case in point for a change in the terminology of the courts in the award of a bid to the "lowest responsible bidder". He felt that there should be some change in that wording. The City Attorney said that this is a good point taken, and that the courts have taken most of the discretion away from the municipal bodies. He said that if the contract is terminated, Noyes should be given one � week to recta.fy the pro7ect under the terms of the contract. He said that the enqineer that the bonding company has hired will meet with Mr. Comstock Wednesday A.M. He felt that they would probably fin�,sh the pro�ect as it is so far along, and he was optomistic that the City would come out all right. He felt that it was a wise move to pay Noyes on a weekly basis for the work accomplished as this kept them working longer than they probably would have and more of the pro�ect is completed. Mr. Comstock said that he would be meeting their engzneer next Wednesclay and the matter of how the pro�ect is to be finished will be discussed. It would be his preference if Noyes would take over the project and finish it. The contractor is to receive seven days notice of termination of contract. MOTION by Councilman Liebl to approve the recommendation of the Consulting �ngineer and terminate the contract with D.M, Noyes Constructton Company on Pro�ect #93, and instruct the City Manager to instruct Noyes of the termination. The motion was seconded. Mr. Richard Harris asked if the bonding company is going to finish the �ob. The City Attorney said that the determination is up to them to find the easiest and cheapest way to do it. Mr. Harris pointed out that the Caty may be liable for the lack of prudence by the Contractor in not putting up barricades in hazardous conditions, such as holes in the streets, washouts, etc. He felt that as Onaway is not very well lighted, the City should put up some barricades. Councilman Harris asked Mr. Comstock to look at this Wednesdap with the new � engineer. Mr. Comstock said that this is one of the reasons for term�.nation of the contract is their lack of taking care of conditions potentially dangerous. There has been no effort to repair them. He felt that it would be better to wart until the bonding company reviews the situation and let them do the barr,tcading. The City Attorney pointed out that the Crty daes have r , L___J � � REGULAR COUNCIL MEETING OF JULY 6, 1970 PAGE 13 liabilrty insurance. Councilman Breider felt that they should be barricaded as soon as possible and asked the City Engineer to check a.nto it. Mr. Ih.chard Harris said that there was another item that he would like to bring up. There is a need for a culvert across the ditch along Seech and Elm Streets. The City Enqineer said tfiat there is a pro�ect beinq let the 20th and he hoped to get a proper solution to his problem. THE VOTE UPON THE MOTION, being a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. APPOINTMENT TO PLATS AND SUBDIVISION5 - SSREETS AND UTILTTIES SUBCOMMITTEE: MOTION by Councilman Sheridan to table this item to the next regular Council Meeting of July 20, 1970. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. APPOINTMENTS: Name 3ohn B, Healy 1425 LaSalle Ave. Minneapolis, Minn. Position Effective Date Salary Bartender �une 24, 1970 $3.53 per Bar #3 hour Vicki L. ChamUers Accounting June 24, 1970 10221 Filmore Place Clerk Blaine, Minnesota Richard J. Lovberg Sr. Engr July 27, 1970 6330 Kyle Ave. No. Aide Minneapolis, Minn. $366 per month $816 per month Replaces ➢ave Gundexson La.nda Tildahl Peter Herlofsky MOTION by Councilman Liebl to approve the appointments as recommended by the Administration. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Harris declared the motion carried. CLAIMS: MOTION by Councilman Sheridan to approve payment of General Claims #21821 through #22222 and Liquor Claims �r4577 through #4623 The motion was seconded and upon a voice vote, all vota.ng aye, Mayor Harris declared the motion carried. LICENSES: Livestock Richard S. Kokesh 7068 Hickory Drive Fxidley, Minnesota Masonry Sharp Concrete Const. Inc. 12060 Mississippi Drive Osseo, Minnesota By: Richard Kokesh By; Dennis L. Sharp Approved By Building Inspector Building Inspector i � �'p 15(� 0 REGULAR COUNCIL MEETING OF JULY 6, 1970 LICENSES CONTINUED. EXCAVATION W�alen & Sabby Inc. 9022 Po1k Stre�t N.E. Minaieapo]�s, Minnesota By• Josep:�ine Wa31en GA.S SERVI;�ES Ezuce Plu*aSa.ng Coiapany 4747 Ttain Lak�: Av�nue - Min*�eapolis, Mir<�eaot� By: Delbex-t Bruce G$N;RRy C47iV'1�{E�C'�'4{ Esqualarid Poal Go.�,�a�y, inc. 34�J0 D2:cota Av�z+�v Soutn. NY�n.ipnpoii=,; r,ir,i-��ot� By• Aa�-�,�e}> IS�i�n�.,,berg Roge� Brenr.y Ge?�eaal CorC�ncte- 60I1-'„°d Str�ef i�.1,. Fii�nLapolis, Mlnn'rsot� Sy: Roge� E. Bz•�:nny Ed-��y Builder� 7651 Central Ati•enu�e N.E, Fridley, M�mieaota , By: Fd Chie� Jamison Bxo�he;s lnc. 8405 $unoet PcWd N.E. Y�ilnneapolis, riir��esota By: Ihiane Janison Ledin Con�*_*�.irti.on Cos�Q^ny � �� 5451 I�pont Averx+�e North Ffl.u7eapo7i:,, Minneaota By• Fred P.. Lectin Lumber King Comaany 5145 Olive: Aven�e South Minneapolis, Fi9naesoCa By. Jerome Loxbarbaum R & A Holding Cos�pany 6225 Univer-sity Avenue N.F. Fridley, Minneaota Sy: A.T. GAarmnn Don Schuett Builde�s 8431 Terrace Road N.E. 2iinneepolis, Minn�sota By: Dor.eld Schuftt M=1il0iTFc�i .7esco, Incorpora.ed 2101 West 7S� Street Bloomington, Minnesota By: C. P. Judge 0 APPROVED BY Bldg. Insp. Plbg. Insp. S1<Zg. Inep. Bldg. Inap. Bld�. Insp. B1dg. IneP- 81��. Incp. Sldg. Insp. Bldg. Tnsp. BlCe�, F.,.,4 , $ldg Irieq. PAGE 14 E— • � � � � , i � ; .k � � � REGULAR COUNCIL MEETING OF JULY 6, 1970 LICENSES CONTINOED. Plastering W.M. Munson Plastesing Company 1110 Ixving Avenue North Minneapolis, Minnesota BY: W.M. Munson PAGE 15 Approved By Building Inspector MOTION by Councilman Sheridan to approved the licenses as listed. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. ESTIMATES. League of Minnesota Municipalities 3300 University Avenue S.E. Minneapolis, Minnesota 55414 Subscription to Labor Relations Consulting Service Hall, Smith, .7uster, Feikema & Haskvitz 1050 Builders Exchange Building Minneapolis, Minnesota 55402 Retainer for .7une 1970 (Council Meetings, etc.) Retainer for June 1970 Criminal Prosecutions) Secretarial Minn-KOta Excavation Company 3401 85 Avenue North Minneapolis, Minnesota PARTIAL Esti[nate #l, Street Improvement Pro7ect St. 1970-1 Gile & Nelson Construction Company Inc. 2102 lOSth Avenue N.E. Hlaine, Minnesota PARTIAL Estimate #4, Street Improvement Pro7ect St. 1969-3 Comstock & Davis, Inc. Consulting Engineers 1446 County Road "J" Minneapolis, Minnesota 55432 $700.00 $500.00 $115.00 For the furnishing of resident inspection and resident supervision for the staking out of the following cons- tructa.on pro�ects: Estimate #7, Sanitary Sewer & Water ImpYOVement Pro�ect No. 93 from April 27, 1970 through May 30, 1970 $ 900.00 $ 1,315.00 $13,959.15 $17,196.22 $ 4,086.32 ��� _L e G REGULAR COUNCIL MEETING OF JULY 6� 1970 ESTIMATES CONTINUED. Estimate #7, Water Improvement Pro7ect No. 94 from April 27, 1970 through May 30, 1970. Estimate #8, Water Improvement Project No. 95, Schedule A-1 Well No. 10 & 11, from April 27, 1970 through May 30, 1970. �stimate #8, Water Improvement Pro�ect No. 95, Schedule A-2, We11 No. 12, £rom April 27, 1970 through May 30, 1970. Estimate #8, Water Improvement Pro�ect No. 95, Schedule A-3, Well No. 13, From April 27, 1970 through May 3D, 1970 Estimate #5, Water ImproVement Pro]ect No. 95, Schedule F- Well No. 8 from April 27, 1970 throngh May 30, 1970. Estimate #l, Water Improvement Project No. 95, Schedule B, from May 4, 1970 through May 30, 1970. PAGE 16 � $ 13.20 $ 66.92 $ 55.62 $ 40.17 $ 22.97 $ 517.79 MOTION by Councilman Liebl to approve payment of the estimates as submitted. The motion was seconded and upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. COMMUNICATIONS- A. NSP: TRANSMISSION LINE REPORT DATED JUNE 22� 1970 MOTION by Councilman Breider to receive the NSP transmission line xeport dated June 22, 1970. The motion was seconded and upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. B. NSP TRANSMISSION LINE REPORT DATED JUNE 26� 1970: MOTION by Councilman Sreider to receive the NSP transmission line report dated June 26, 1970. The motion was seconded and upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried, C. MINNESOTA HIGHWAY DEPARTMENT: COMPLYING WITH CITY REQUEST FOR NO-PARKING SIGNS AND ADDITIONAL SIGNS ON I. 694 RAMPS MOTION by Councilman Sheridan to recezve the communication from the State o£ Minnesota, Department of Highways dated July l, 1970. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Harris Pro tem deolared the motion carried. D. MINNESOTA TRANSFER RAILWAY: REQUEST FOR GIVING CONSIDERATION AT ASSESSMENT HEARING FOR RIGHT OF WAY GIVEN The Crty Engineer said that at the hearing it was pointed out that there would be some consideration given to Minnesota Transfer Railway for the right of way given. However, the assessment must be equal on both sides of the street. � � I � L.�I REGULAR COUNCIL MEETING OF JULY 6, 1970 This will be brought up again at the time of the assessment hearing. PAGE 17 MOTION by Councilman Liebl to receive the communication from Minnesota Transfer Railway Company dated June 29, 1970. Seconded by Councilman Sheridan. Upon a vmce vote, all voting aye, Mayor Harris Pro tem declared the motion carried. E. IVES BOISVERT: REQUEST FOR MOON WALK AT HOLLY MOTION by Councilman Liebl to receive the communication from Ives Boisvert dated Suly 2, 1970 and approve the request for a"Moon Walk" at Holly Shopping Center on 3uly 16, 17, 18 and 19th and also at Les`s Standard Stat.�on on Highway #65 and Osborne Road at a later date in July. The insurance certificate is to be on file before the permit is issued. The motion was seconded and upon a voice vote, a11 voting aye, Mayor Harris Pro tem declared the motion carried. ADSOORNMENT MOTION by Councilman Liebl to ad7ourn the Meeting. The motion was seconded and upon a voice vote, all voting aye, Mayor Harris Pro tem declared the Regular Council Meeting of July 6, 1970 ad�ourned at 10 30 P.M Respectfully subma.tted, Q/.c���''�'«' z,�� � Juel Mercer Secretary to the City Council ��r! I�, �ic� <�.,.��. Jack O_ Kir ham Mayor � +� r )