Loading...
09/08/1970 - 00018573��rl} THE MINUTES OP THE REGOLAR COUNCIL MEETING OF SEPTEMBER 8, 1970 Mayor Kirkham called the Regular Council Meeting of September S, 1970 to order at 7:30 P.M. PLEDGE OF ALLEGIANCE: Mayor Kirkham lead the Council and the audience xn saping the Pledge of Allegiance to the Flag. INVOCATION: Reverend Bergren, Redeemer Lutheran Church offered the Invocation. ROLL CALL: MEMBERS PRESENT: L1ebl, Brea.der, Shexidan, Ka.rkham MEMBERS ABSENT: Harris Mayor Kirkhan informed the Council that Councilman Harris` excused absence as he had to attend an unportant N.S.S.S.D. said that the impact of the decisions made tonight at the N meeting will be unportant to the City of Fridley. PRES�NTATION OF AWARDS: absence is an Meeting. He .S.S S.D. Mayor Kirkham read the Cexti�icate of Achievement aloud and presented it to Officer Robert Rehard wzth the Council's congratulations. Mayor Kirkham then read the Certificate of Appreciation aloud and presented it to Mr. Homer R. Ankrum, retiring City Manager with his, and the Council's Thank You. APPROVAL OF MINOTES OF THE REGULA.R COUNCIL MEETING OF AUGUST 17� 1970: MOTION by Councilman Liebl, seconded by Councilman Sheridan, to adopt the Minutes of the Regular Council Meeting of August 17, 1970 as presented. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. ADOPTION OF AGENDA: Councilman Sheridan said that at Councilman Harris' request, the Dog Control Ordinance and the discussion regarding the park yrant should be tabled. Mayor Kirkham agreed and said that there were the following items to add to the Agenda• Memo from the City Manager on Community Preventive Security Services. Request from Metropolitan Transit Commission for the Use of the Council Chambers. Resolution Concerning Bonding Company for Completion of Work on Pro�ect #93 MOTION by Councilman Sheridan to adopt the Agenda as amended. Seconded by Councilman LieUl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. � � � , {�_.I � REGULAR COIINCIL MEETING OF SEPTEMBER 8, 1970 PUBLIC HEARING ON ASSESSMENT: STREET IMPROVEMENT PROJECT ST. 1969-3: PAGE 2 Mayor Kirkham read the public hearing notice. The Finance ➢irector explained that the total cost of the pro�ect was $98,525.42, of this amount $68,339.45 is the amount that is covered in this assessment roll. The difference is made up by some Federal funds and in part from the City general fund. This $98 thousand does not include the work on the dike during the emergency. This assessment only concerns the improvement of the streets. The assessment rate is $5.70 per foot and $1.68 per foot £or some side yards only. It is spread over 10 years at 7=zo interest. 79th Way R�.Verview Terrace to Apex Lane Mr. Robert Kretlow, 7885 Broad Avenue N.E., said that the letter received said that only benefitted prope�'ty would be assessed. He said that he did not live on that street yet it seems that he is to be assessed. He said that he has Lots 25, 26, & 27, Block A. The Finance Director said that he was not included in the assessment roll. The notices were sent out to a greater number of people than are actually covered in the assessment. Mr. Kretlow said that he had gotten figures from the City Hall offices. The Finance Director said that the final roll had not been madc up yet, and anyone that called was told the highest figure that could be assessed. Buffalo Street: Riverview Terrace to Broad Avenue Cheryl Stxeet Riverview Terrace to Broad Avenue Dover Street. Riverview Terrace to Sroad Avenue Street: Ri.verView Texrace to Sroad Avenue Fairmont Street: RiVerview Terrace to 290 Feet East A lady in the audience said thai she has paid several years a quite sizeal�le amount and asked why she would have to pay again. She said that she had Lots 15 & 16. The Finance Director said that she would be charged for a side yard assessment. He explained that when Fairmont Street was done before, she did not receive an assessment. Lots 1 through 14 had two assess- ments. The lady asked how much her assessment was and the Finance Director 5aid that it would be $42 for each 25 foot lot, or $84. Mayor ICirkhan then expla2ned the side yard assessment policy. The lady said that she had an incorrect driveway opening and wondered if she wanted to build later on, if this could be corrected and if she would be allowed to build on a 50' X 110 foot lot, since she would be paying assessments on it. The City Engineer said that she could get an opening for the driveway �ust by asking for it, but the cost must be borne by the property owner. Mayor Kirkham said that as to whether she could build on hex land or not, that would go to the Board of Appeals and he was not in a position to state whether or not it could be built upon at this time. The lady said that this additional assessment would make it hard for them. A gentleman in the audience said that he has Lot 33 - 36, Block S, and has been told that the assessment would be $2.04 for Broad, and he said that he could not see where he would be benefittinq. The Finance Director said that the same would apply to him as to the lady previously. He has received a side � � �- ! -� � ��� REGULAR COUNCIL MEETING OF SEPTEMBER 8� 1970 PAGE 3 yard assessment. 2/3 of the cost is spread � way down the block. He added � that the correct assessment figure is $1.65 per foot. Mayor Kirkham ex- plained that throughout the City this is the policy applied, and that eventually everyone will end up paying their fair share. The visitor said that the other hal� of the block would never get an assessment as the next street is East River Road u�hich is a county road. The Finance Director said that when East River Road is improved with concrete curbs and gutters, or sidewalks, it will be a City assessment and would be spread � way down the block from East River Road. The City Engineer added that it was 7ust a matter of time. There are plans for the improvement of East River Road south of Rice Creek now. The visitor asked that if concrete curb and gutters were the City st3ndards, why were they not put in. Councilman Shexidan said that the cost was such that it was felt that they could be left off. The City Engineer said that the reason was that this area is subject to flood�ng. There is an improved dxke, but it is still not a permanent dike, but an elevated roadway. They did not feel that the people could bear the burden, so a resolution was passed waiving the City standards in this case. Councilman Liebl said that it was explained that the Council was fully aware of the problem of the flooding and they felt that it would be a waste of the peoples money to put in the permanent improvement with the curb and gutter. The flooding would deteriorate the streets. The people felt that they were entitled to a street they could use, so this was put in as a compromise, but with the understanding that the Council could not guarantee that if it floods again there would be no deterioration of the streets. F1ood money was used to upgrade Riverview Terrace along the dike. The City Engineer has pointed out to the people that this area could possibly flood again, but the Council � has the responsibility of providing surtable access to the homes. They tried to do the best they could and still keep the costs down. The visitor to the Meeting said that 79th Way and Fairmont are the two streets that are used to get out of the area by anyone south of Fairmont. He added that he did not live in the flood area. Mayor Kirkham told ham that eventu- ally everyone will end up paying their fair share. The Finance Director explained the assessment policy for the side yards again. The visitor asked if the Council had the power to change an assessment. Mayor Kirkham ex- plained that to change the polacy would mean that every assessment for years back would have to be re-evaluated and reimbursed and would be an insur- mountable task. He said that they do have the power, and occasionally there are individual ad7ustments, but the overall policy remains unchanged. The City Attorney said that the City could have chosen to go the other route and pay for all streets through general funds but this would mean that people on unimproved streets would be paying for other people's improved streets. The visitor asked if nothinq could be done, whg hold the hearing? Mayor Kirkham said that everyone had the right to appeal an assessment to the court. Councilman Liebl added that occasionally there is a clerical error and a person would be assessed more than he should be, or less, and this is ad7usted through the assessment hearing. He said that the Council must stick to their policy, or they would be open to law suits. There is a 10 year street improvement program and rt is hoped that at the end of 10 years, all the streets in the City would be improved. The visitor said that the map on � the screen was wrong as it shows the streets south of Fairmont going through to East River Road, and they do not. Mayor Kirkham said that there is dedi- cated right o£ way. The visrtor asked if it floods again and dirt is put in the streets, would they be expected to pay? Mayor Kirkham said that they must be charged for the improvement they Teceived. �� „ f�-�� REGOLAR COUNCIL MEETING OF SEPTEMBER 8� 1970 PAGE 4 � RiveYVieW Terrace. 79th Avenue to 120 Feet North of Rimball Street Mr. R. Morin asked what his assessment would be and said that he had Lots 12, 13, & 14. The Finance Director said that all the property on River- view Terrace would be assessed at $8.70 per £oot. He added that if that street would have been taken out and treated differently, they probably would have had a higher assessment as there could be an assessment on only one side of the street Mr. Morin said that the paving did not go to 120 feet north of Kimball Street, but was about 10 feet short and asked if the contractor got paid for that. Tbe City Engineer explained that the con- tractor gets paid for exactly the amount of materials and work expended on any given project. Broad Avenue: Buffalo Street to Fairmont Street MOTION by Councilman Liebl to close the public hearing on the assessment roll for Street Improvement Pro�ect St. 1969-3. Seconded by Councilman Shexidan Upon a voice vote, all voting ape, Mayor Kirkham declared the hearing closed at 8:25 P.M. PUBLIC HEARING ON IMPROVEMENT: STREET IMPROVEMENT PROJL'CT ST. 1970-1 ADDENDUM #4c The City Engineer explained that this public hearing is for the sidewalk improvement on Osborne Road £rom 5th Street to the west property line of the � hospital It only involves two property owners, and sidewalk has already been installed in front of one home, with the owner's permission. The church is installing the sidewalk themselves, so it is all taken care of except for the legal requirement of the public hearing. Councilman Breider said that the estimated assessment was $6.25 and asked how that compared with the rest of the sidewalk assessment. The City Engineer said that for the final fa.guring the assessment would all be the same and spread out evenly. The City Engineer said that the question was raised why not complete the sidewalk on over to the shopping center near T.H. #65. It is less than 200' and he has talked to the property ownex, and although he is not a.n favos of it, he will not ob�ect. This would be in front of the antique shop. Mayor Kirkham said that rt could be made part af the same pro�ect. Council- man Breider said that he would recommend that it be put a.n. There is the dual problem of the shopping center and the school Councilman Sheridan agreed that it would be rldiculous from a safety standpoint to put in sidew�lk 200 feet short of the shopping center. The City Engineer said that there would have to be two resolutions passed to set up the requirements for the public hearing. It was agreed to take these up under New Business. CONSIDERATION OF THE 1971 BUDGET: (Tabled Augu5t 17, 1970) � MOTION by Councilman Liebl to table consideration of the 1971 budget. Seconded by Councilman Breider. IIpon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. 2 �ll REGOLAR COUNCIL MEETING OF SEPTEMBER 8, 1970 PAGE 5 CONSIDERATION OF TAXI CAB LICENSES FOR HIGHLAND CAB COMPANY AND COLUMBIA � H�IGHTS CAB COMPANY: (Tabled August 17, 1970) Mr. Gordon Jensen was present representing Coltunbia Heights Cab Company. Councilman Liebl said that the Council had asked for a listing of the drivers, which has been received. He said that the Council has also received recommendations from Medtronic, Tnc., Onans and Burlington Northern on the Highland Cab Company and based on these reputable companies recommendations, he would be ready to act on the licenses. Mr. Jensen said that Columbia Heights Cab Company has put in an application for two licenses and they would like to make application for 4 more in October when they get into their o�fice headquarters. They would eventually like to put 8 cabs in service in Fridley, but their present application is only for two cabs. He said that he understood that he would have to re-submit for the remaining four. Councilman Breider asked what the Ordinance calls for, and if there is any requirement on the inspection of the cabs. The City Attorney said no, rt only covers insurance and the payment of the application fee. The Ordinance should be updated. Mr. Jensen said that the Columbia Heights Ordinance calls for inspections, and Mr. LaMont of the Columbia Heights Cab Company said that they did bring in the cabs for inspection by the Fridley Police Department and a copy of the Ordinance from Columbia Heights was given to the Police Department. The City Attorney said that if they comply with the � Ordinance in Columbia Heights, that should be a good recommendation. Councilman Breider asked when the cabs are inspection and Mr. LaMOnt said every three months. Councilman Breider suggested if the licenses are approved, making them subject to a stipulation for the inspection of the cabs MOTION by Councilman Liebl to grant a cab license to Columbia Heights Cab Company with a copy of the inspection report to be forwarded from Columbia Heights to Fridley every three months, and the Highland Cah Company with the stipulation that they bring in thea.r cabs every three months for an inspection. The license for Highland is for 4 cabs and for Colubmia Heights is for two unrts. Seconded by Councilman Breider. Upon a vmce vote, all voting aye, Mayor Kirkham declared the motion carried. VISITOR: SASLEY TILLER: REGARDING REQUESTED MEETING WITH SCHOOL DISTRICT #14: N1r. Bailey Tiller said in regard to the proposed meeting that the School Board from District #14 wants to have taith the Council, that he £elt that the residents should be allowed to attend the meeting. The meeting was in con�unction wrth the action the Council took in deleting the sidewalks from Gardena. Councilman Liebl said that the Council reads the newspapers and he was disconcerted at the reaction of the School District #14. He felt that the � Council has very conscientiously considered the views of the people. Ae said that he looked at Gardena Avenue and could not see how sidewalks could be put in. The School Board spends a high percentage of the tax dollar and the Council over the last 4 years has tried to bring in industry into the City of Fridley to broaded the tax base. He said the reaction of the ��� .,�? � REGULAR COUNCIL MEETING OF SEPTEMSER 8, 1970 PAGE 6 � School Board was a stab in the back for this Council He said that he would like to see how a s7.dewalk could be put in on Gardena, and he would say the same at the meeting with Distra.ct #14. Mr. Tiller said that he hoped that when Gardena Avenue went in, that it would be taken care of so that it would last. Mayor Kirkham said that tfiis Council did not consider the sidewalks for Gardena lightly, and that they were given thorough consideration. He said that he would be willing to meet with the School Board. Councilman Liebl said that it would be irresponsible to push the working man to such taxation limits. District #14 must realize how much the improve- ments cost. RECESS: Mayor Kirkham called a recess �rom 8:50 to 9:04 P.M. FIRST READING OF AN ORDINANCE AMEN➢ING SECTION 66 OF THE FRIDLEY CITY CODE CONCERNING WATER AND SEWER ADMINISTRATION� SAID AMENDMENT ELIMINATING THE REQUIREMENT THAT WATER AND SEWER MTNIMUM CHARGES BE PAID IN ADVANCE AND ADOPTING THE SCHEDULE OF CHARGES THAT HAVE BEEN IN EFFECT SINCE FEBRUARY 6, 1967� THIS AMENDMENT AFFECTING SECTION 66.08, CONCERNING WATER AND SEWER CHARGES: Councilman Breider said that this Ordinance was originated because of a � ca11 he received from a new resident of the City. There is a$40 meter charge plus advance water and sewez on the first billing. Councilman La.ebl said that he had received a letter asking what the City did with the $40 meter deposrt. People were perturbed about this. Oriqinally the Ordinance was adopted to protect from overdue bills He said that he would have no objection to abandoning the advance sewer and watex charges, if it would help public relations. MOTION by Councilman Liebl to approve the Ordinance on first reading and waive the reading. Seconded by Counczlman Breider. Upon a roll call vote, Breider, Sheridan, Kirkham and Liebl voting aye, Mayor Kirkham declared the motion carried. A lady in the auda.ence asked if the advance billing would be returned. The Finance Director said that a credit would be given toward the regular bill charged for the next quarter. Everyone now has an advance charge. Mr. Mike 0'Bannon asked i£ the water meter belonged to the people. The Finance Director said that the meter deposit is returned when the resident moves out of the Caty, if the bill is paid. FIRST READING OF AN ORDINANCE AMENDING SECTION 26 OF THE FRIDLEY CITY CODE BY ADDING TO ITS TITLE THE PHRA5E "EXPLOSIVES AND 71PM1UNITIONS" SO TPIAT THE TITLE OF SECTION 26 SHALL BE FIREARMS, EXPLOSIVES AND P.MMUNITIONS AND ADDING TO THAT SECTION PROVISIONS RELATIVE TO THE SALE, TRANSPORTATION AND USE OF � EXPLOSIVES AND AMMUNITIONS: Mayor Kirkham said that he would like to have this Ordinance reviewed by the Committee on Effective Crime Control before passage. The City Attorney added that in conversing with the Attorney General, he had some suggestions for additions to the Ordinance. �r�,� REGULAR COUNCIL MEETING OF SEPTEMBER 8, 1970 PAGE 7 MOTION by Councilman Liebl to table consideration of this Ordinance until the Committee on E�fective Crime Control has had a chance to review it. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. FIRST READING OF AN ORDINANCE H2OHIBITING THE CHANGE, OBSTRUCTION, RECONS- TRUCTION OR ALTERATION OF ANY PIIBLIC WATER OR WATERWAY WITHIN THE CITY OF FRIDLEY WITHOUT A WRITTEN PERMIT FRCM THE CITY ENGINEER: The City Engineer commented that this Orda.nance would include all the water- ways within the City of Fridley with the exception of the Mississippi River which is under the 7urisdiction of the Corps of Engineers. Mr. Richard Harris asked if drainage da.tches were considered as public waterways. He said that the Ordinance should include a listing of the water- ways covered, to specify them as s�parate from the private drainage ditches. The City Engineer said that this would be no problem. This Ordinance would include all waterways under the direction of the Conservation Departrnent and ditches would not be listed. Mayor Kirkham agreed that there would be no harm in listing them in the Ordinance. Mr. Harris said that he would protest the listing of drainage ditches as a waterway and felt that this would be infringing on his constitutional rights. The City Attorney explained that this Ordinance was originally drafted because of a complaint that the course o� Rice Creek was diverted by a resident. No one should be allowed to divert a public waterway. Mr. Richard Harris said that in Onaway Addition there are drainage culverts being put in with the improvement of the street. He said that next spring the pipes would be full o£ sand again and would not work. He said that everything would be washed out again� and the City Engineer agrees to the problem. He said that he had brought this problem before the Council before. If they are going to have to live with this ditch, it should be tiled, or something done to the ditch. This is the problem with the Spring Lake Park drainage water and asked when that would be coming into court. The City Attorney said that they recommended, that since nothing can be rlone through negotiations with Spring Lake Park, that it would have to be brought into court. The law suit has been started, and there will be a meeting in October in preparation for the trial. This would be tried next spring and it will not be an easy case. Mayor Kirkham commented that the Counc�_1's position has not changed. MOTION by Councilman Sheridan to approve the Ordinance on first reading and waive the reading. Also, that an amenclment be prepared listing the waterways in the City of Fridley covered by this Ordinance. Seconded by Councilman Liebl. Upon a roll call vote�Kirkham, Liebl, Breider and Sheridan voting aye, Mayor Kirkham declared the motion carried. FIRST READING OF AN AMENDMENT TO THE BEER ORDINANCE AUTHORIZING ISSUANCE OF A LIMITED LICENSE TO NON-PROFIT ORGANIZATIONS: The Crty Attorney said that it would be possible to find the City liable without the protection of this Ordinance. The City does have public liability insurance for cases such as this. Councilman Sheridan asked i£ the organizations have to have liability insurance. The City Attorney said that they should be covered, but he did not know if a non-profit organi- zation could get liability insurance for short periods. This would be � � � �} F� � e� E> REGULAR COUNCIL MEETING OF SEPTEMBER 8, 1970 PAGE 8 1 protection in case they sold l�er to a minor ox an intoxicated person in the City's parks. The City Manager suggested that the Ordinance could be amended to include the filing of a certificate of insurance if rt is available. MOTION by Councilman Liebl to approve the Ordinance on first reading and waive the reading, and instruct the Administration to check to see if la.ability insurance is available for short periods of time for non-profit organizations. Seconded by Councilman Sheridan. Upon a roll call vote, Sheridan, Kirkham, Liebl and Breider voting aye, Mayor Kirkham declared the motion carried. DISCUSSION REGARDING PETITION #12^1970 - OPPOSED TO IMPROVEMENTS ON 4TA STREET FROM THE OUTER DRIVE I. 694 TO 53RD AVENUE: (5T. 1971-1): The City Engineer said that 4th Street from the Outer Drive of I. 694 to 53rd Avenue a.s part of next year's program, and the publzc hearing has already been held. The goal is to try to keep construction in the same general areas as this keeps the cost to the contractor down and this savings can be passed on to the residents. The cost of construction is rising much faster than the cost of living. Under the 10 year street improvement program everyone would be paying thea.r fair share People who have paid their assessments £or their street should not be taxed to pay for the maintenance o� those streets that are not improved. He said tha-t he � thought that some o£ the base o£ the street could be save3and bmlt upon. The petition received is agai.nst the �.mprovement of this street. A lady in the audience said that they have lived there 15 years and have sewer and water assessements even though they have deep wells and cess pools. She said that the improvement of the street would serve no purpose. She felt that they were already heavily assessed, and the street is not in that bad shape compaxed to some of the othes streets in the City. She asked that they be given time to get on their feet before another assessment is placed on them, ancl put 4th Street in toward the end of the 10 year improve- ment program. A resident of the area asked that the ixqprovement l�e set back a,£ew years to give them a chance to pay off the sewer assessment. He asked why should the alley be improved. The lady said that there has been some talk about renewing the plans for a cloverleaf bp the Highway Department In that case it would be silly to put in 4th Street. The people go right through the fence at the end o£ the turn-about. The gentleman in the audience agreed the City should wart to see what the Highway Department is going to do. Mr. Mike O'Bannon said that the improvement of the alley would benefit only about one person. The problem with the parking for the apartment houses should be solved to keep the cars off the street, and in their own parking lots. A resident of the area said that this street is used as a race track and 1 she would like some signs put up. Another resident said that he agreed that 54th Avenue is vexy bad and should be uetproved. Councilman Liebl went to the screen and explained the pro7ect again and commented that he did not feel that the alleys would have to be put in. A resident said that there were only 3 or 4 that wanted the improvement. � P� ��� REGULAR COONCIL M�ETING OF SEPTEMBER 8� 197D PAGE 9 Councilman Liebl explained again that it was not fair for the people paying � assessments to also be ta�ted for the maintenance of the unimproved streets This money comes from the general fund. The City Engineer said that of course it is their money, but it would be bad planning to delete 4th Street, At this time maybe some of the base could be saved, but if delayed any further the whole street would have to be torn up. The assessment for this street would not go on until 1972, and would be spread over 10 years. He ex,plained again that by grouping the streets in the same general area� it keeps the costs down. He agreed that maybe the alleys could be deleted. The improvement was suggested to try to clean up the City. The lady said that they did not want 54th deleted as that street is very bad. Mr. O'Bannon said that�the alley between 4th and 5th would only serve the apartment house. MOTION by Councilman Liebl to delete from the 1971 construction pro]ect the improvement of the alley between 4th Street and 5th Street frpm 54th Avenue to I. 694 Outer Drive and the alley between 4th Street and University Avenue from 53rd Avenue to 54th Avenue and 4th Street from 53th Avenue to I. 694 Outer Drive. The improvement to be delayed until 1973 and be on the tax rolls in 1974. Councilman Sheridan felt that if this street was taken out, the unprovement of the area would not be feasible. Councilman Liebl said that they would still have to do 54th Avenue. Councilman Sheridan said that he felt that every- � thing should be deleted from this quadrant, or else leave everything in. He said that he would agree with Councilman Liebl on the deletion of the improve- ment of the two alleys, and would go along with Councilman Liebl, but only for a two year period. A member of the audience said that 4th Street has just been patched and is in quite good shape now. Councilman Sheridan asked how long the street has lasted. The City Engineer said that it was r,ever a standard street, but was a PH mix, then seal coated. THE MOTION SECONDED by Councilman Sheridan. Councilman Breider said that at the public hearing meeting there were com- plaints about the snow plow not plowing the alleys. He said that he wanted to make clear that if these alleys are deleted, they would not be plowed or maintained as the City does not maintain unimproved alleys. The com- plaint was that garbage was not being picked up. Mr. O'Bannon said that these apartments are the poorest kept in the City of Fridley. Mayor Kirkham asked that when he sees a condition existing, to please call it in so sometha.ng could be done about it. Mr. O'Bannon said that he would call the Building Inspection Department next time. A member of the audience said that she has called on complaints on the garbage six times and she has seen rats running from the cans. Councilman Liebl said that when a complaint is received, action is taken and these apartments have been tagged. Councilman Sheridan asked for a call for the question, with the comment that � these deletions would hurt the improvement program. UPON A ROLL CALL VOTE, Kirkham, Liebl, Breider, and Sheridan voting aye, Mayor K�rkham declared the motion carried. , � �.I REGULAR COUNCIL MEETING OF SEPTEMBER 8� 1970 PAGE 10 RECEIVING THE MINUTE5 OF THE PI�ANNTNG COMMISSION MEETING OF AUGUST 19, 1970 l. PROPOSED PRELIMINARY PLAT, TNNSBRIICK NQRTH� P.S. #70-03, SY VIEWCON, IDiC. That portion of the E; of the S'� of Section 24. 2. REZON7.NG REQUEST: ZOA #70-05� BY VIEWCON, INC.: For that portion of the E� o�' the SE', of Section 24 to be rezoned from R-1 to R-3 (general multiple family dwellings) or R-3A (apartments only) The City Engineer said that the Planning Commission has discussed the requests by Viewcon over the last 2 or 3 meetings, but in this meeting they did not take formal action and passed it on to the Council without a recommendation. The rezoning is in the area called Innsbruck North and the total acreage is about 132 acres. The plat is divided up into residential lots along with some large outlots, and he showed it on the screen. The public hearing has already been set fox September 14th. They plan to plat into 120 single family dwellzngs, mainly on the we5t side. On the north sid� there is some park psoperty. They also have some intexest in the property to the east in New Brighton. The proposed road as shown on the plat would connect to Silver Lake Road. Councilman Liebl said that he had heard comments from the people ad7acent to this pro7ect indicating they are in favor of it. He said that a� this point he would be in favor of the pro�ect, as it takes into consideration the property owners in the area. They have indicated that they wanted a suitable buffer and this has been provided. He said homes were needed in this area. Mayor Kirkham said that he was agreeable to holding the public hearing. The Crty Engineer said that there was no formal action necessary as the public hearinq has already been set. Councilman Breider asked about the question raised by the Planning Commission regarding the assessments. The City Engineer explained that the developers wondexed whether rt would be possible to have some of the unbuildable lots not assessed and the remaining lots would then carry the assessment. The Finance Director said that if this is to be considered, there should be some kind of an agreement on paper. Councilman Breider aslced whether there were any sidewalks proposed. The City Engineer said that there were no plans for any sidewalks now. Councilman Breider suggested working something out so that in 10 years or so if they are needed, they could be put in. MOTION by Councilman Liebl to receiVe the Minutes of the Planning Commission Meeting of August 19, 1970. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. RECEIVING THE MINUTES OF THE BOARD OF APPEALS N�ETING OF AUGUST 23, 197D 1. A REQUEST FOR A VARZANCE OF SECTION 45.073� 1B, SUBPARAGRAPH 2, TO REDUCE THE LOT AREA REQIIIREMENT FOR A FOUR FAMILY DWELLING FROM 15,000 SQUARE FEET TO 13,287 SQUARE PEET TO PERMIT THE PROPERTY OWNER TD SELL THIS LAND WITH THE UNDERSTANDING THi1T A FOUR FAMILY DWELLING CAN BE BUILT ON IT. THE PROPERTY BEING LOT 4� BLOCK 1, JOHNSON'S RIVER TATiE ADDITION, THE SAME BEING 167 MISSISSIPPI PLACE N.E., FRIDLEY, MINNESOTA. (REQUEST SY MR. ELMER JOHNSON, 6490 RIVERVIEW TERRACE N E. FRIDLEY, MINNESOTA). �4 �,°de� b b '- f; !v�ddtl REGULAR CDUNCIL MEETING OF SEPTEMBER 8� 1970 PAGE 11 The Crty Engineer said that this is for a four plex on Mississippi Place. The � property is owned by Elmer Johnson. The recommendation of the Board of Appeals is to approve the request. The propertq is surrounded by other multiple family dwellings. He said that when the streets were dedicated, they did not receive the radii they needed for the turns and suqgested that they could get this at this time. MOTION by Councilman La.ebl to concur w�th the Board of Appeals and grant the request �or the variance, sub�ect to the property owner dedicating �the necessary radii easements. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. Councilman Breider asked how much land he was talking of. The City Engineer said that it would only be another 3D0 square feet. 2. A REQUEST FOR A VARIANCE OF 5ECTION 45.154� 3� FRIDLEY CITY CODE TO INCREASE THE HEIGHT OF A FRONT YARD PENCE FROM 4 FEET TO 6.5 FEET TO PERMIT THE ERECTION OF A PENCE, TO BE PLACE➢ ON TOP OF A RETAINING WALL, ON PART OF LOT 4H AND PART OF LOT 42, SECOND REVISED AUDITOR'S SUBDIVISION NO. 21, THE SAME BEING 6568 CENTRAI, AVENUE N.E., FRIDLEY, MINNESOTA. (REQUEST BY MR. RICHARD WILSON, 6568 CENTRAL AVENUE N.E., FRIDLEY, MINNESOTA): MOTION by Councilman Sheridan to grant the request for a variance to Mr. Richard Wilson. Seconded by Councilman Liebl. IIpon a voice vote, all voting � aye, Mayor Kirkham declared the motion carried. 3 A REQUEST FOR VARIANCES OF SECTION 45.053, 4B, TO REDUCE THE SIDE YARD REQIIIREMENT FROM 10 FEET TO 7.1 FEET AND SECTION 45.153, 2, TO DECREASE THE AVERAGE FRONT YARD SETBACK FROM 47.21 FEET TO 43.24 FEET TO PERMIT THE CONSTRUCTION OF AN ATTACHED TWO CAR GARAGE AND FAMILY ROOM ONTO AN EXISTING DWELLING LOCATED ON THE EAST 83 FEET,FRONT F1ND REAR OF LOTS 6 AND 14, REVISED AIIDITOR'S SUBDIVISION NO. 10, THE SAME BEING 1400 66TH AVENUE N.E., FRIDLEY, MINNESOTA. (REQUEST BY MR. MYRON OSTLUND� 1400 66TH AVENUE N.E., FRIDLEY, MINNESOTA): The Glty Engineer said that this property is ad�acent to the school property. He asked if the driveway would be paved. Mr. Ostlund said not as yet, but it would be when the work is done. MOTION by Councilman Sheridan to grant the request for variances for Mr. Myron Ostlund. Seconded by Councilman Laebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. 4. A REQUEST FOR A VARIANCE OF SECTION 45.053� 4B, SUBPARAGRAPH 3� FRIDLEY CITY CODE, TO RE➢UCE THE SIDE YARD SETBACK REQUIREMENT FOR AN ATTACHED GARAGE FROM 5 FEET TO 4.2 FEET TO PERMIT THE CONSTRUCTION OF A GARAGE ONTO AN EXISTING DWELLING LOCATED ON LOT 11� BLOCK 2, MELODY MANOR 3RD ADDITION, THE SAME BEING 7424 CONCERTO CURVE, N.E., FRIDLEY, MINNESOTA. (REQUEST BY THE SUSSEL COMPANY, 1850 COMO AVENUE,ST. PAUL, � MINNESOTA): The City Engineer said that the Board of Appeals has approved o£ this request. Mayor Kirkham asked how far it was to the neighboring dwelling. A repre- sentata.ve from Sussel Company said about 15'. REGULAR COUNCS.L MEETING OF SEPTEMBER 8, 1970 PAGE 12 1 MCTION by Councilman Breidex to grant the xequest for a variance to the Sussel Company for 7424 Concerto Curve N.E, Seconded by Councilman La.ebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. 5. A REQUEST FOR A VARI.ANCE OF SECTION 45.074, l, FRIDLEY CITY CODE, TO INCREASE THE MAXIMUM HEIGHT REQOIREMENT FOR A"HIGH RISE" APARTMENT FROM 6 STORIES TO 15 STORIES TO PERMIT THE CONSTRUCTION OF A 104 UNIT "HIGH RISE" APARTMENT TD BE LOCATED ON LOTS 3 AND 4, BLOCK 2, HAYES RIVER LOTS ADDITION, THE SAME HEING 5950 ANNA STREET N.E., FRIDLEY, MINNESOTA. (REQUEST BY N.C.R. CORP., 1811 UNIVERSITY AVENUE N.E., MINNEAPOLI5, MINNESOTA 55418): The City Engineer said that the Board of Appeals has recommended approval. The balance of the area is apartment houses. The variance is to go from 6 stories to 15 stories, and they will have better quality construction and full fire proofing. MOTION by Councilman Liebl to concur with the Board of Appeals and grant the variance to N.C.R. Corp. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. MDTION by Councilman Sheridan to receive the Minutes of the Board of Appeals Meeting of August 25, 1970. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. � RECEIVING THE MINUTES OF THE PARRS AND RECREATION COMMISSION MEETING OF AUGIIST 24, 1970: Councilman Liebl pointed out that the Commission had requested a meeting with the Council regard.tnq the budget. The City Manager indicated that the budget is not ready for presentation as yet. MOTION by Councilman Liebl to receive the Minutes of the Parks and Recreation Commission Meeting of August 24, 1970. Councilman Breider asked what was the meaning o£ the motion by the Commission regarding the priorities in the budget. The Finance Director went and got a copy of their budget and there followed a short discussion at the Council table. Councilman Breider said that he would ob7ect to the listing of priorities as Ruth Circle is in desperate need of a park and that has been struck. THE MOTION was seconded and upon a voice vote, all voting aye, Mayor Kirkham declared the mota.on carried. � 0 \ �" P`°� J� � 2 � � C,� REGU.LAR COUNCIL M�ETING OF S.EPT$MBER 8� 197,0 � PAGE 13 , � . RECEIVING BIDS AND AWARDING CONTRACT FOR ONE NEW FRONT �ND LOADER: (Bids opened August 24, 1970 at 11:00 A.M.) m w� �.� 7� cn � N x �.� hi v� w� c� cn v� N 9� td n n� r � �o o w r w w r o n m r• v� w w n r r-i • 07 p ow ,� 7 rnr� p mm � o om 7 . w� ti �p p ra. m � o� p m m m m � d m v, � w�� w w x rn w m w m � m�v w w m� ,ro� G r o ro m w m v�,n ro m� m r C rt o m r) o Oq C o rr � rNr £ N rG-' A�+ G - r-�w rrt.�' w �� r r� t, n, rr ro w � p m m r r cr r E ro r �,n o' o� n o- �' rr �`C � m � p o m G� m W G O � l� o � �� � �n m � � � � ,�'ro � m � rrR� � �r r m� 1-?' .��. �' �C � t� rr � � � � P7 � '�J � t�-� N• '� 'J V1 R' � O H � rt p '�S rt� m C 1-j O N .7 R .'7 � 'j � rt ".7 F+ O N�'i rt'�S.' �i N't V] N V] n N fD 'C7 rt� N w�s � m m c �n o� m n m � w G n o m ro o• o 0 o ro m fr � w rt� w m � w � .°s n r zn� tazc� O OV +n 1-` . fJ �-C K �o o £, �-t • � r� o o < rt � N G ~ � Z rh rt F-' l+� � N Y 1.+i fo rt O W rt l� o �-S G rr - n. m o m °p � n � £ O 7' n.p p � �'n N � r r �n p� ln � O O O V p w O r w � � � O r o � O V Q r W V ln � m � � o w a� m m N � w ni W � 04 m n N H � ln W O O O W C1 v, r a m � � v� m � r 0 � N �++ M N � � Z Q' w o � w � � � d K,' d w o o �Y, G C Yt m i m r rn w w V � O r-� m O 0 O O r F ln W V ln - O xd o r w � .7 N r � x 0 n r ln F� O N ip O • • r W W O N O O x c� o w C � w o 7 r r x� w o� � z O to H C Cn o [n � ln � N m o z cr w v� E °m rn O H p tG a, w a. o O S.' C C 'i m � m rn F N N O 0 W in m 0 O O � N W � N O — O �e � r V (p i m n m n w N m t� � N � O O O W N rn 0 O O N N � IX� O O O � c� � w V (/ i Cil N r a � c� w N m I I '_ [ _ _ _L _ _ I H a m n a w rt r O a w r � v� ,'�zmn � ro rt (� m (A � � N r 7 N c�i W � W �fn G N G' H m W N'�" rt H Ci p a' � �" E x r�'C z�[rJ < O O O �y m M x O p z� � [ cy V � � a� I7� O H� r O h] t'' l� E� o � o m ti r � �00'. �z� o H H � y d m E" H Z � w �[a rd� m nz ° �. oy O � H O l7 O P] CrJ 9 � � � � 9 �7 V9i � � r � m m � C7 r°' tn tn � � � H O 0 o c� z E O O C�1 fn � r r� W N O� Ol 71 .'L� a' �-' H ['7 0 o n y [�1 � O O O O rG p w � m rt m r,� m fD O (p Y. �-+ � r p H w a o i; rt N ty w r cl � � W Ir o � w m r v, O i r � P' �i .r��:i REGULAR COUNCIL MEETING OF SEPTEMBER 8, 1970 PAGE la � MOTION by Councilman Liebl to award the bid for a front end loader to Case Power and Equipment Company, for Model #W-7-E Gasoline Motor for $11,680.00_ Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carsied CONSIDERATION OF CITY MANAGER MEMO REGARDING POLICE SCHEDULING: The City Manager said that for the last three months o� the year the extra funds for the d�fference in the sergeant's pay would have to be funded out of the emErgency fund. He said that he has always felt that there should be a sergeant on duty at all times. This would be adding an additional man to the force. Mayor Kirkham said that he would concur with the City Manager. Councilman Liebl said that according to the Police Manual every man would be eligible to test for the 7ob providing he had had in the specified number of months in service. The Crty Manager said that then there would be a vacancy when the man moves up. MOTION by Councilman Liebl to concur with the recommendations of the City Manager as outlined in his memorandum dated August 25, 1970 and put into effect priority number two. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried SETTING DATE TO MEET WITH SCHOOL BOARD DISTRICT #14 � The City Manager indicated that the School Board wanted to have the meeting prior to the 23xd of September. Mr. Richard Harris said that he would speak in opposrtion to a meeting with the School Baard. The School Board could read the paper and be apprised of what was going on �ust like the citizens. All the public hearing notices were pul�lished. They should have appeared before the Council at the public hearing night. Mayor Kirkham said that he would not deny them a meetinq, but he would not change his opinion. Mr. Harris asked if this would be an open meeting and the Mayor replied that as far as he was concerned, this would be an open meeting. Mr. Harris said that in his opinion the School Board was asking for special priorities. Councilman Breider sugqested asking them to the next meeting. This would be the public hearing meeting Septemher 14th. It was agreed to ask thezn to be present at 9:00 P.M. CHANGE OF COUNTY PUBLIC HEARING DATE AND RESOLUTION #173-1970 APPROVING TIdE AGREEMENT BETWEEN THE CITY OF FRIDLEY AND ANOKA COUNTY DEPARTMENT OF HIGffiNAYS REGARDING THE DESIGN OF AN A➢VANCED TOPICS PROJECT BETWEEN NORTH CONNECTION TO F.A.I. 694 AND RICE CREEK IN FRIDLEY ON COUNTY STATE AID HIGHWAY NO. 1 (EAST RIVER ROAD): The City Engineer said that the County has changed their public hearing n�.ght from September 2, 1970 to September 23, 1970. He proposed that the hearing � for the City be held October 12, 1970. He said that he had talked to the County Engineer and advised him that the service roads should be part of the _ County xesponsibility. When the request is made fox the TOPICS money, the request should include the total cost of the pro7ect so that 50a of the total cost could be obtained. This has all been done verbally, but this resolution would formalize the request. `l,��l REGULAR COUNCIL MEETING OF SEPTEMBER 8, 1970 MOTION by Councilman Liebl to adopt Resolution #173-1970. Secondec7 by Councilman Sheridan. Upon a voice vote, all voting aye, Mayox Kirkham declared the motion carried. RECEIVING STATUS REPORT REGARDING RIEDEL PROPERTY LAW SUIT: PAGE 15 MOTION by Councilman Liebl to receive the communication from the City Attorney dated August 24, 1970; the copy of the letter from Carroll, Cronan, Roth and Austin dated August 18, 197D, the communication from the City Attorney dated August 31, 1970 and the copy of the court findings. Seconded by Council- man Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. RESOLUTION '�174-1970 - APPOINTING� REAPPOINTING AND CONFIRMING EXISTING APPOINTMENTS TO COMMISSIONS, BOARDS, COMMITTEES AND 5UBCOMMITTEES FOR THE YEAR 1970 MOTION by Councilman Liebl to adopt Resolution #174-1970. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. RESOLUTION #175-1970 - A RESOLUTION REQUESTING THE VILLAGE OF NEW BRIGHTON FOR IMPROVEMENT OF STINSON BOULEVARD FROM GARDENA AVENUE TO RICE CREEK ROAD UNDER JOINT POWERS AGREEMENT: MOTION by Councilman Liebl to adopt Resolution #175-1970. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. RESOLUTION #176-1970 - A RESOLUTION ORDERING PRELIMINARY PLANS� 5PECI- FICATIONS AND ESTIMATE5 OF THE COSTS THEREDF• WATER, SANITARY SEWER AND STORM SEWER PROJECT NO. 100: MOTION by Councilman Liebl to adopt Resolution #176-1970. The motion was seconded and upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. RESOLUTION #177-1970 - A RESOLUTION RECEIVLNG THE PR.ELIMINARY REPORT AND CALLING A PUBLIC HEARING ON TI3E MATTER OF THE CONSTRUCTION OF IMPROVEMENTS: WATER, SANITARY SEWER AND STORM SEWER PROJECT '. MOTION by Councilman Sheridan to adopt Resolution #177-1970. 5econded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. DISCUSSION REGARDING ORDERING BIDS FOR MEADOWLAND PARK STORM SEWER AND OTHER RELATED WORK: The City Engineer said that on Page 80 of the Council Agenda there are five points listed that must be considered when speaking of upgrading Meadowland Park. The pipe and grading would be only a temporary type solution. The ultimate would be to lower the outlet and pipe the whole area. He then handed out a communication from the Parks and Recreation Director dated September 8, 1970. He said that there is some money budgetted for the tempoxary �snprovement. He said that he tried to get some interest by the � ' � � � � REGULAR COUNCIL MEETING OF SEPTEMBER 8, 1970 PAGE 16 residents in putting in the storm sewer, but was not successful. He said that he wanted the Council to be fully aware of the problems they would have with the park. Councilman Liebl asked if he could give some assurance that the park could be utilized for ball fields and a hockey rink. The City Engineer said that the area has a very ha.gh water table and the ground would be spongy. This would mean during a wet season it could not be used. It would be all right for use during dry weather. The pipe would get clogged because of the low velocity of the running water. Councilman Liebl felt that it would be money we11 spent if it would drain part of the area. He said that he would like to see this area used as a park. Councilman Breider said that he would like to see a scale model of the park to see how the relationship of the watez pxoblem would af£ect the plans for the park. The City Engineer explained by using the screen �ust where the back- stops would be and the diamonds etc. Councilman B�eider said if it is unfit for ball playing, why spend the money? The City Engineer said that it would be unfit only part of th e time, and that he could not guarantee anything. MOTION by Councilman Breider to table to the Meeting of September 14th, at which time he would like to see a scale model of the park, to see how the water problems would affect it_ Seconded by Councilman Liebl Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. RESOLUTION #178-1970 - A RESOLUTION RECERTIFYING SPECIAL ASSESSMENTS ON TAX FORFEIT PROPERTIES WHICH HAVE BEEN RECERTIFIED: MOTION by Councilman Liebl to adopt Resolution #178-1970. The motion was seconded and upon a voice vote, all voting aye, Mayor IU.rkham declared the motion carried. RESOLUTION #179-1970 - A RESOLUTION CONFIRMING ASS�SSM�NT FOR STREET IMPROVEMENT PROJECT 5T. 1969-3. MOTION by Councilman Liebl to adopt Resolution #179-1970. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared thB motion carried. ' RESOLUTION #180-1970 - A RESOLUTION DECLARING THE NECESSITY FOR AN ADDITIONAL TAX LEVY IN ADDITION TO THE 30 MILL LIMITATION PROVID�D BY THE CITY CI-IARTER SPECIFYING THE PURPOSES AND CALLING A PUBLIC HEARING: MOTION by Councilman Liebl to adopt Resolution #180-1970. The motion was seconded and upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. RESOLUTION #181-1970 - A RESOLUTION CORRECTING THC CERTIFZCATION OF AN ASSESSMENT FOR THE ST 1968-1B STREET IMPROVEMENT PROJECT WHICH WAS PLACED ON THE WRONG PARCEL THROUGH CLERICAL ERROR: MOTION by Councilman 5heridan to adopt Resolution #181-1970. The motion was seconded and upon a voice vote, al1 voting aye, Mayor Kirkham declaxed the motion carried. ��� ' •) ���.� REGU.T�F1R COUNCIL MEETING OF SEPTEMBER 8� 1970 CLAIMS: PAGE 17 MOSION by Councilman Breider to approve payment of General Claims #22747 through #22913 and Liquor Claims #4768 through #4814. The motion was seconded and upon a voice vote, all voting aye, Mayor Kirkham declared the mota.on carried. LICENSES: Blacktopping * Asphalt Driveway Company 1195 East Highway 36 St. Paul, Minnesota � General Contractor By: Wilhort Schwarzbaner Jim W. Miller Construction, Inc. Box 1228 St. C1oud, Minnesota By: Edwin Sheldon Unrted Constructa.on Company 4517 Minnetonka Boulevard Minneapolis, Minnesota Richter, Incorporated 3339 Terminal Drive St. Paul, Minnesota Heating Bomar Electric Company 7026 13th Avenue South Minneapolis, Minnesota Masonry Amren Construction, Inc. 3570 Shado Oak Road Hopkins, Minnesota By: Vincent Rockler By: Inesis Orgins By. Robert Buescher By Luther A. Amren Approved By RECOMMEND DENIAL Building Inspector Building Inspector Building Inspector Plumbing Inspector Building Inspector Sign Erector Commander Board of Minnesota, Inc. 56 lst Street S.E. New Brighton, Minnesota By: R.M. Tucker Building Inspector Per Better Business Bureau there have been many complaints on this company for installing unsatisfactory driveways. There are com- plaints on cracks in the driveways and on incorrect drainage. Most of the complaints were corrected but not all of them. � � � REGULAR COUNCIL MEETING OF SEPTEMBER 8� 1970 � LICENSES CONTINUED. Multiple Dwellings: Name Address Morris Ovick 5419 4th St. N_E. 7083 Hickory Dr. Fridley, Minn. Kenneth Franko 5612 7th St. N.E. 6324 Scott Ave, N. Minneapolis, Minn. Kenneth Franko 5640 7th St. N.E. 6324 Scott Ave. N. Minneapolis, Minn. Dean R. Maeser 5770 2nd St. N.E. 6972 Hickory Dr. N.E. Eridley, Minn_ Thomas Walsh 5866 2nd St. N.E. 592D Stinson Blvd. � Fridley, Minn. Gary G. Novak 5820 2'� St. N.E. 5315 4th St. N.E. Minneapolis, Minn. Gerald Paschke 5955-65 3rd St. N.E. 6000 Kirkwood Lane No. Minneapolis, Minn. Roy Lindstedt 540Q Sth St, N.E. 50 Groveland Terrace Minneapolis, Minn. Roy Lindstedt 5410 5th St. N.E. 50 Groveland Terrace Minneapolis, Minn. Glenn Mostoller 5420 Sth St. N.E. 2595 James AVe. So. Minneapolis, Minn. Udell Larson 5460 7th St. N.E. 6848 Knoll St. Minneapolis, Minn. ' Joseph J. Ryan 105 58th Ave. N.E. 10785 Valley Va.ew Rd. Eden Pxairie, Minn. Units 4 11 11 4 4 4 4 4 0 0' 34 � PAGE 18 Fee $10.00 11.00 11.00 10.00 10.00 10.00 10.00 10.00 1D.00 10.00 34.OD 10 00 ( � cT �(�a, �1)� REGULAR COUNCIL MEETING OF SEPTEMBER 8� 197-0 LICENSES CONTINUED. Name Address Charles Wishey 380 57th Place 10719 Braewood Circle Minneapolis, Minn. Kenneth G. Larson 350 75th Ave. N.E. 6848 Knoll St Minneapolis, Minn. John L. Matti 6551 East River Road 44 Locke Lake Rd. Fridley, Minn. Donald E. Johnson 137 Mississippi Place 7305 Van Buxen St. N.E. Fridley, Minn. John Matti 140 Mississippi Place 44 Locke Lake Rd. Fridley, Minn. Units 4 11 11 4 4 Page 19 Fee $10.00 11.00 11.00 10.00 10.00 Cigarette Approved By Snowy White Laundry 6381 University Av'enue N.E. Fridley, Minnesota By: Unrted Vending Chief of Police MOTION by Councilman Liebl to approVe the licenses as listed with the exception of the blacktopping license for Asphalt Drive Company, 1195 East Highway 36, St. Paul, Minnesota, Seconded by Councilman Sheridan. Upon a voice vote� all voting aye, Mayor Kirkham declared the motion carried. ESTIMATES. Hall, Smith, Juster, Feikema and Haskvitz 1050 Builders Exchange Building Minneapolis, MLnnesota 55402 Legal Services not covered by retainer from 6-22-70 to 8-21-70 Legal services for time over and above the retainer 8-27-70 Retainer Re Council Meetings for August, 1970 Retainer Re Criminal Prosecutions for August, 197D and Secretarial � r $ 2,547.00 110.30 700.00 615.00 � � �' �� REGULAR COUNCIL MEETING OF SEPTEMBER 8, 1970 ESTIMATES CONTINIIED. Howard, LeFevere, Lefler, Hamilton & Pearson 2200 First National Bank Building Minneapolis, Minnesota 55402 Legal Services rendered in Connection with Issuance and Sale of $1,330,000 Assessment Bonds of 1970. Legal Services Rendered in Connection with Issuance and Sale of $460,000 Waterworks Bonds of 1970 Ehlers and Assoca.ates, 507 Marquette Avenue Minneapolis, Minnesota Inc. 55402 Services in the Authorization, Sale and Issuance of $1,330,000 Special Assessment Fund Bonds Serva.ces in the Authorization, Sale and Issuance of $460,000 Waterwosks Bonds of the City Alliad Blacktop Company 3601 48th Avenue Nozth Minneapolis, Minnesota 55429 FINAL Estimate #2 for Street Improvement Pro�ect St. 1969-10 (Seal Coat) accordinq to contract McCarthy Well Company 2700 East 80th 5treet Minneapolis, Minnesota 55420 FINAL Estimate #1 for the Construction of Water Improvement Pro7ect #99 Minn-Kota Excavating Company Osseo Minnesota Partial Estimate #3 Street Improvement Pro]ect St. 1970-1 Partial Estimate #2 Street ImproVement Pro]ect St. 1970-2 Comstock & Davis, Inc. Consulting Engineers 1446 County Road "J" Minneapolis, Minnesota For the furnishing of resinent inspection and resident supervision £ox the staking out of construction work: PAGE 20 $ 950.OD 500.00 7,170.25 4,078.92 1,623.77 4,899.12 68,988.04 22,718 56 ��� �`l9Vy REGULAR COUNCIL MEETING OF SEPTEMBER 8, 1970 Partial Estimate #3 for Water Improve�nent Pro7ect #95, Schedule B from June 29, 1970 through July 31, 1970 Partial Estimate #9 for Sanitary Sewer � Water Improvement Pro7ect #93 from June 29, 197D through Suly 31, 1970 Partial Estunate #9 for Water Improvement Project #94 from .7une 29, 1970 through July 31, 1970 PAGE 21 $2,306.9D � 1,019.55 44.88 MOTION by Councilman Liebl to appxove the foregoing estunates. The motion was seconded and upon a voice vote,all voting aye, Mayor Kirkham declared the motion carried. DISCUSSION REGARDING DISPOSAL SITES FOR STREET SWEEPINGS, MATERIAL FROM STREET CONSTRUCTION AND OTHER MATERIALS: The City Engineer said that as the City of Fridley becomes more developed, it is harder to find disposal sites for the street sweepings and the material from construction etc. In the previous years it has been used to build up the parks and low lands, and now the City has run out of space. Some arrangements have been made with private citizens for the disposal of material if they want it. He said that he wanted to make sure the Council was aware of what was happening. He said that if any of the Council knows of someone looking for fill, to let him know. The policy has been that the disposal site should be within 4000 feet of the construction site. RESOLUTION #182-1970 - A RESOLUTION APPROVING AGREEMENT WITH STATE OF MINNESOTA FOR MUDJACKING CONCRETE STREETS IN INNSBRUCK_ (ST. 1970-9) The City Engineer said that the concrete streets were put in Innsbruck in 1961, then water and sewer was put in. Over the years there has been some settling as the area is clay. The State and Hennepin County are the only governmental bodies with mud7acking equa.pment. Thas resolution would be for entering into an agreement for the work. MOTION Uy Councilman Liebl to adopt Resolution #182-1970. Seconded by Councilman Sheridan. IIpon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. DISCUSSION OF MEMORANDUM REGARDING PREVENTIVE SECURITY SERVICES: MOTION by Councilman Liebl to adopt the recommendation of the City Manager outlined in the memorandum entitled Preventive Security Services. This wouZd make two new positions: The Director of Community Security and the Director of Law Enforcement. Councilman Liebl commented that this is somethinq unique and the City Manager should be given credit for it. She Civil Service Gommission would set up the criteria for both positions. The emphasis would be on crime prevention, rather than 7ust apprehension. Something of this nature could be a great asset to the community. THE MOTION was seconded by Councilman Breider and upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. f � � � ��'�;" � REGULAR COUNCIL MEETING OF SEPTEMBER 8, 1970 PAGE 22 REQUEST BY THE METROPOLITAN TRANSIT COMMIS5ION FOR USE OF COUNCIL CHAMBERS: MOTION by Councilman Liebl to qrant permission for the use of the Council Chambers to the Metropolitan Transit Commission fox September 24th. The motion was seconded and upon a voice vote, all vota.ng aye, Mayor Kirkham declared the motion carried. RESOLUTION #183-1970 - RESOLUTION AUTHORIZING ACTING CITY MANAGER AND MAYOR TO SIGN AN AGREEMENT BETWEEN BONDING COMPANY AND CONTRACTOR - PROJECT #93: The City Attorney said that the bonding company has been negotiating with C.S. McCrossan for the completion of Pro�ect #93. They feel that all the work can be done within 10 days. MOTION by Councilman Liebl to adopt Resolution #183-1970. Seconded by Councilman Breider. Upon a voice vote, all voting_ aye, Mayor Kirkham declared the motion carried. RESOLUTION #184-1970 - A RE50LUTION ORDERING PRELIMINARY PLANS AND SPECI- FICATIONS AND ESTIMATES OF THE COSTS THEREOF: 5TREET IMPROVEMENT PROJECT ST. 1970-1 ADDENDUM #5: The City Engineer explained that this resolution and the following are to set up the legal procedure for the sidewalks east of Baker over to T.H. #65 on Osborne Road. MOTION by Councilman Breider to adopt Resolution #184-1970. Seconded by Councilman Liebl. upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. RESOLUTION #185-1970 - RESOLUTION RECEIVING PRELIMINARY REPORT AND CT-�LLING A PUBLIC HEARING ON THE MATTER OF THE CONSTRUCTION OF CERTAIN IMPROVEMENTS STREET IMPROVEMENT PROJECT ST. 1970-1 ADDENDUM #5: MOTION 6y Councilman Breidex to adopt RESOlution #185-1970. Seconded by Councilman Liebl. Upon a voa.ce vote, all voting aye, Mayor Kirkham declared the motion carried. The City Engineex handed out copies of letters he had written to Mx. & Mrs. Dale W. Schmidt, Sr., and James & Blaine Kelly & Blanch Hannah covering the agreement for the easements for the sidewalks and said that he recommended that SOG per square foot be paid for the easements. For Mr. & Mrs. Dale W. Schmidt, Sx., this amounts to $219 and for James & Blaine Kelly & Blanch C. Hannah, $168. MOTION by Councilman Sheridan to authorize the expenditure of 50� per square foot for the sidewalk easements on Osborne Road. Seconded by Councilman liebl. Upcn a voice vote, all voting aye, Mayor Kirkham declared the mation carried. � COMMUNICATIONS: A. NSP: DELAYS IN RELOCATION OF 115 KV LSNE MOSION by Councilman Sheridan to receive the communication from NSP dated August 19, 1970. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried. ���( � M �'i i REGULAR COUNCIL MEETING OF SEPTEMBER 8, 1970 B. NSP: TRANSMISSION LINE REPORT DATED AUGUST 14 PAGE 23 MOTION by Councilman Sheridan to receive the NSP transmi5sion line report dated August 14, 1970. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried. C. ROTARY CLUB: CONTRIBUTION TO EISENHOWER SQUARF The City Manager commented that the $400 contribution would be enough to complete the north and south sidewalks in the Square if volunteer labor is received. MOTION by Councilman Liebl to receive the communication from the Rotary Club dated August 21, 1970. Seconded by Councilman Sheridan. Upon a voiae vote, all voting aye, Mayor Kirkham declared the motion carried. D. ROTARY CLUB: INTERESTED IN FRIDLEY SWIMMING POOL MOTION by Councilman Liebl to receive the communication from the Fridley Rotary Club dated August 21, 1970. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. E. SIGAL & SAVELKOUL: WAGES DUE (NOYES CONSTRUCTION COMPANY) MOTION by Councilman Liebl to receive the communication from Sigal & Savelkoul dated September 2, 1970. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried. F_ FATHER KEEFE: RESIGNATION FROM THE FRIDLEY HUMAN RELATIONS CONIMITTEE MOTION by Councilman Liebl to accept the resignation of Father Keefe from , the Fridley Human Relations Committee, and authorize preparation of a Certificate of Appreciation. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. Mayor Kirkham asked that the vacancy be placed on the Agenda fox the next Regular Council Meeting September 21, 1970. CITY MANAGER SALARY FOR THE BALANCE OF SEPTEMBER: Councilman Sheridan said that over a period of years many people have made signifigant contributions for the betterment of the City of Fridley and he wanted to state that Homer R. Ankrum has done a great deal in the time he has been City Manager. Many of the things the City Manager has done have not been within the realm of his �ob, but were done for Fridley as a whole. There were many personal hours spent for the betterment of the City. MOTION by Councilman Sheridan to instruct the Administration ta pay Mr. Ankrum's salary through the end of September as a compensatory adjustment for the extra time he has spent. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. The City Manager said that his Certificate of Appreciation was not earned solely by him, but by all the departments of the City working together. He said that there were a lot of nice people in the City of Fridley and he appreciated the opportunity of working with them. � i� � � � � REGULAR COUNCIL MEETING OF SEPTEMBER S, 1970 APPOINTING ACTING CITY MANAGER� PAGE 24 MOTION by Councilman Sheridan to appoint Mr. Marvin C. Brunsell, Finance Director as Acting City Manager until the neW one can be hlred. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kizkham declared the motion carried. Councilman Liebl said that there should be a screening commrttee appointed to hire a new City Manager, and commented that he was glad to have had some- thing to do with the hiring of Mr. Ankrum. He said that Mr. Ankrum has advised hun when he needed advising and that he was truly interested in the community. ADSOURNMENT: MOTION by Councilman SheYidan to ad7ourn the Meeting. The motion was seconded and upon a voice vote, all voting aye, Mayor Kirkham declared the Regular Council�Meeting of September 8, 1970 ad�ourned at 12•15 A.M. Respectfully submitted, ��f ��C,� .i� ,Z/ el Mercer Secretary to the City Council � -�,,c �C (i �,�,,, F✓��ww Jack O. Kirkham 1� - Nlayor �� �? e%