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11/02/1970 - 00018464t- r; � � �„ � THE MINUTES OF THE REGULAR COUNCIL MEETING OF NOVEMBER 2, 1970 The Meeting was called to order by hlayor Pro tem Harris at 7:35 P.M. PLEDGE OF ALLEGIANCE: Mayor Pro tem Harris asked the audience to stand and �oin the Council in saying the Pledge of Allegiance to the Flag. INVOCATION: The Invocation was given by Reverend Bergren. ROLL C1iZL: MEMBERS PRESENT: Breider, Liebl, Harris Mayor Kirkham arrived at 8:05 P.M. Councilman Sheridan arrived at 8_35 P.M. MEMBERS ABSENT: None APPROVAL OF THE MINUTES OF THE REGULAR COUNCIL MEETING OF OCTOBER 19, 1970: � MOTION by Councilman Breider to adopt the Minutes of the Regular Council Meeting of October 19, 1970 as presented. Seconded by Councilman Lieb1. Upon a voice vote, all votinq aye, Mayor H�.rris Pro tem declared the motion carried unanimously. ADOPTION OF AGENDA: Mayor Pro tem Harris said that there were two items to add to the Agenda. An additional license for Keyway Builders, Inc. to be added as Item 22A, and the Actinq City N�nager's report to be added as Item lA under the Puhlic Hearing on the Sudget. MOTION by Councilman Sreider to adopt the Agenda as amended. Seconded by Councilman Liebl. Upon a voice vote, there being no nays, the motion carried unanimously. VISITORS: Mr. John J. R�.psin, Jr. NSP: N1r. Ripsin said that Mr. Larry Benson's father had passed away, and he had been asked to appear before the Council to report on NSP's progress with regard to the 115 KV line. He said that NSP has written a letter to Burlington Northern requesting permission to install the transmission � facilities on their right of way. He saa.d they have received a response that they will be hearing from them very soon. Councilman Harris asked if they would have the disposition at the next regular Ceuncil Meeting. Mr. Ripsin said he hoped so and that they would be doing everything they could to get it to their engineering personnel. �'�� REGULAR COUNCIL MEETING OF NOVEMBER 2, 1970 PAGE 2 Councilman Harris asked how long it would take to install the poles (less energizing). Mr. Ripsin said that they were ready to move a.n as soon as they get the right of way, and it will probably take between two weeks and a month as a guess. Councilman Harris said that if they should hear prior to the next Council Meeting, the Council would appreciate it if they would correspond with the City Manager. Mr. Rtpsin said that Mr. Benson would be happy to do that. Councilman Breider said that he had asked if NSP was going to run tests on TV reception interference and he was wondering if anything had been done. Mr. Ripsin said that he had been assured by the Transmission Engineer that Mr. Benson has all the in£ormation that will satisfy the City Council and rt will be available at the next Meeta.ng. Councilman Harris asked that Mx. Ripsin convey the Council's sympathy to Mr. Benson on the passing of his father. Mr. Donald L. Peterson and Mr. Robert Hynes, representing Mr. Peterson and Commerce Rentals: The City Engineer said that he had received a call from Mr. Peterson in the afternoon asking if he could appear before the Council with a request to open a small auto repair shop at 7500 University Avenue in Commerce Park. He had told Mr. Peterson that if the Council wished to, he could probably be heard during the Visitox's section. Mr. Hynes explained that Mr. Peterson wished to open a business in the center bay of the .Uuilding to the north of the Post Office. It would be an automobile light repair, and mechanical tune-up business. Mr. Hynes stated that it is CR2 zoning and they feel it will be a much cleaner and less ob7ectionable operata.on as far as vehicle traffic, than the body shop that caas in there previously. N1r. Peterson will have three employees and understands there can be no outdoor parking and storage of cars. Councilman Liebl asked if this has gone before the Planning Commission. Mr. Hynes said that they did not feel that was necessary according to the zoning ordinance, but the City Engineer has some question about whether this would fall in the CR2 classification. The Acting City Manager said that this type of operation would not require a license. NLr. Peterson passed out copies of the proposed floor plan to the Council and said the automobiles will be screened from the sidewalk in front of the store. Counca.lman Aarris asked if this type of opexation was permissible under the CR2 zoiiing. The City Engineer said that the auto body shop that had been there previously had been allowed because the building had been built for quite some tune and the owner could not rent it out, so they had made a special request o£ the Council to allow the auto body shop. He said that the general concept is not for this type of business, but if the Council feels they want to continue with that type o£ use, it would be their prerogative. The City Attorney said it would be very borderline, but they do no welding, and he felt rt could fall within the zoning, as they are only suggested guidelines. L� 1 � �� � REGIILAR COUNCIL MEETING OF NOVEMSER 2, 1970 PAGE 3 � Mr. Peterson was asked if he had checked with any of the other tenants. Mr. Hynes said that he was representing the landlord of the building. The City Engineer said that if permission is given, there should be some clear understanding between the two parties as to what is allowed, such as no outside storage of cars, only brake work and tune-up work, no ma�or work or engine rebuilding. Mr. Peterson said that they were not equipped for heavy work, nor do they have the personnel. MOTION by Councilman Liebl that pexmission be granted Nlr. Petarson to open a light automobile repair shop at 7500 University Avenue limited to only light maintenance type of operation with no outside parking. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Pro tem Harris declared the motion carried_ CONTINUED PIIBLIC HBARING - 1971 BUDGET AND RECEIVING ACTING CITY MANAGER'S REPORT ON THE BUDGET: The Acting City Manager outlined the Budget for the Council and auda.ence. He stated the budget provides for a City mill rate o£ 42.05 mills compared to 45.30 mills in 1970. This is a decrease of 3.25 mills or 7`-'a in the City mill rate. He briefly outlined the increase in services, new employees, capital improvements, and increases in the Caprtal Outlay Program. He said the decrease in the mill rate is possible in spite of the dollar � increase in the budget because of an increase in the tax base and an increase in revenue from other sources. Councilman Harris said that the presentation on the preliminary budget was excellent and it gave the Council an opportunity to look at each item based on a priority, and made it possible for the Council to do a good 7ob for the citizens of Fridley. He said the mill rate was the lowest it has been since 1964. Councilman Liebl said that the Council cut where they felt they should, but the Manager and Department Heads had done an outstanding job in trimming expenses wherever possible_ He said that Council wanted to keep the very qualified staff and to give them enough wage in- crease to meet their obligations to their families, and h� would like to thank the Acting City Manager for an excellent 7ob. Councilman Harris asked if there was anyone in the audience that had any questions. There was no response. MOTION by Councilman Liebl to close the Public Hearing on the 1971 Budget and to receive the Budget report from the Acting City Manager Seconded by Councilman Breider. Upon a voice vote, their being no nays, Mayor Pro tem Harris declared the Public Hearing closed. REQUEST SY PARK CONSTRUCTION COMPAD3Y FOR A MINING PERMIT AND GRADING PERMIT ON A PORTION OF LOT 10, AUDITOR'S SUBDIVISION #22 (CHIES PROPERTY): (Tabled 10-19-70) � The City Attorney said that he has examined the bond on the Chies property and he believes Les Chies was bonded by Western Surety Company. He said there was an agreement in 1965, which was extended to September, 1968. He said the work was never done satisfactorily and they are in default of the bond. Both Western Surety and Mr. Chies know this. The City Attorney said � �' REGULAR COUNCIL MEETING OF NOVEMBER 2, 1970 PAGE 4 it would be his opinion that to let someone else do any work would release the bonding mmpany, and if the Council granted a mining permit to do any part of it, this would void the bonding company"s liability. He felt the person named on the bond should have to finish it, or have the bonding company make it up. Councilman Harris said that then if they issue a new permrt to do simila� work, they are not getting a bond. The Crty Attorney said that if they come in and they rebond, it would be p�assible. Councilman Liebl said that tha.s would satisfy him. Councilman Harris said that it would be his posrtion that they deny the request based on the bond now existing for the Chies property and if they want to come back and discuss this at a later date, they can notify the City Administration. MOTION by Councilman Liebl to deny the request of Park Construction Company for a mining permit and grading permit on a portion of Lot 1D, Auditor's Subda.vision #22 based on the bond now existing for the Chies property. Seconded by Councilman Breider. Upon a voice vote, there being no nayes, Mayor Pro tem Harris declared the motion carried. MAYOR KIRKHAM ARRIVED AT 8 OS P.M. CONSIDERATION OF CHANGE OF OWNERSHIP AND TYPE OF OPERATION FOR CASINO ROYALE (THE NEW SCENE, INC.): (Tabled 10-19-70) Councilman Harris asked if the communication is approved as written, will this be construed as a contract between the operator and the City of Fridley The City Attorney said yes, it would be, and a violation of the letter would let the City take whatever action is necessary. The only license they will need will be a food license. He said that the new owner wants the Council to know thea.r operation so they can make the deal, so it is binding on both sides. MOTION by Councilman Liebl to receive the communication from Mr. Foster L. Whitfield, Sr. President of the New Scene, Inc. that conforms with the Council's suggestions made at the Council Meeting of October 19, 1970. Seconded by Councilman Breider. Mayor Kirkham said he was not opposed to receiving the letter, but he was not sure Fridley needed this type of operation. Councilman Harris said he understood that by receiving the letter, the Council would be giving approval of the type of operation. Mayor Kirkham said he did not favor this type of operation for Fridley. THE VOTE on the Motion was a voice vote, w�.th Breider, Liebl and Harris voting aye, and Kirkham voting nay, the motion carried. Mr. Whitfield pointed out that his letter says that if the Council has any suggestions, he will gladly welcome them. RECEIVING SURVEY OF GARBAGE COLLECTOR'S CHARGES: MOTION by Councilman Liebl to receive the survey of garbage collection charges. Seconded by Councilman Breider. Upon a voice vote, there being no nays, Mayor Pro tem Harris declared the motion carried. � , � " ��h� e1 � REGULAR COUNCIL MEESING OF NOVEMBER 2, 1970 PAGE 5 � The Council gave a copy of the survey to NLr. Winston W. Jacobson, who had brought up the sub�ect of charges at the Council Meeting of October 19, 1970. RECEIVIPdG THE MINUTES OF THE PLANNING COMMISSION MEETING OF OCTOBER 21, 1970: 1. LOT SPLIS REQUEST, L.S. #70-12, BY SUMNIT GEAR, INC.= Lot 6,Auditor's Sub. No. 78 - to split off the south 200 feet of the east 363 feet, the balance of the property has been sold. The City Enga.neer showed the Council a map of the property to be split on the overhead pro�ection screen, and he also handed out the plans for the proposed split. He pointed out that the Planning Commission has recoir¢nended approval. He aiso said that Summit Gear's property only has parkzng for a limited amount of cars and he would like to have the Council make a con- dition that the property owner work with the City for an adequate parking plan and a schedule for the improving of the parking plan, and he hoped this could include all three parcels. Councilman fIarris said that he would suggest a landscaping plan also. MOTION by Councilman Liebl to approve the Lot Split L.S. #70-12 £or Summit Gear, Inc. sub�ect to the receipt of landscaping and parking plans and a schedule of improvements for the property with the existing structure. Seconded bp Councilman Breider. Upon a voice vote, all voting aye, Mayor Pro tem Harris declared the motion carried. � 2. LOT SPLIT REQUEST: L.S. #70-13, DUEFY LUMBER COMPANY REPRESENTED BY JAMES M, NEIL50N: Lots 8& 9, Block 6, Spring Brook Park. The City Engineer showed the property to be split on the pro�ection screen and handed out small maps to the Council. There was no one present at the Meeting representinq Duffy Lumber. The City Enqineer said that there were two buildings on the property and they wish to splrt it at an angle. He pointed out the angle at which the Planning Commission had recommended it be split to make the lots more even. MOTION by Kirkham to approve the Lot Split L.S. #70-13 for Duffy Lumber Company as recommended by the Planning Commission. Seconded by Councilman Breider. Upon a voice vote, there being no nays, Mayor Pro tem Harris declaxed the motion carxied. RECEIVING THE MINUTES OF THE PARKS AND RECREATION COMMZSSION N:EETSNG OF OCSOBER 26, 1970: MOTION by Counci]man Breider to receive the Minutes of the Parks and Recreation Commission Meeting of October 26, 1970. Seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor Pro tem Harris declared the motion carried. RECEIVING THE MINUZ'ES OF THE HUMAN RELATIONS CONIMITTEE MLETING OF OCTOSER � 22, 1970, AND RECEiVING LETTER TO MAYOR LISTING SUGGESTED MEMBERS: MOTION by Councilman Breider to receive the Minutes of the Human Relations Commission Meeta.ng of October 22, 1970, and the letter to Mayor Kirkham la.sting suggested members. Seconded by Councilman Liebl. v,�';y R�GULAR COUNCIL MEESING OF NOV�PIBER 2, 1970 PAGE 6 Councilman Breider asked the Mayor if he was ready to make the appoint- ments. Mayor Kirkham said he had �ust received the letter in the Agenda and wanted to look them over and make sure they were from the proper wards, as by law they are to be picked from different wards and philo- sophies. TxE VOTE upon the motion was a voice vote, there being no nays, Mayor Pro tem Harris declared the motion carried. RECESS: Mayor Pro tem Harris called a recess at 8:25 P.M. after which Mayor Kirkham took the Chair. COUNCII.MAN SHERIDAN ARRIVE➢ AT THE MEETING AT 8:35 P.M. Mayor Kirkham reconvened the meeting at 8:35 P.M. DISCUSSION REGARDING MINNESOTA HIGHWAY DEPARTMENT FENCIIVG ON T.H. #47: Mayor Kirkham said that he would like to put on the Agenda: "Reaffirming the action of ordering in the fence on University Avenue". He said there should be Council action as a matter of record. Councilman Breider asked the City �ngineer if the Council was ordering the fence in or concurring with the Minnesota I-Iighway Department. Mayor Kirkham said that the Council did not order the pro�ect in, but the Highway Department asked for approval and he felt they should take some formal action. The City Engineer explained that the pro�ect is all funded by the Highway Department and when the City was informed of the pro7ect, he brought it to the Council to make them aware of it. He said no formal action is necessary. The Acting City Manager said that the Minnesota Highway Department had not asked for approval, but the Council had requested they come to a meeting regarding it. Councilman Harrzs said he recalled that the plans on the fencing were presented to the Council and the Council ordered the fencing on S.H. #47 from I. 694 south. He said it was his understanding that they were going to discuss further the £encing from I. 694 north. He said he was not in attendance at the meeting at which the Highway Department appeared because o£ a N.S.S.S.D. meeting, then he had to go out of town, and came back to find posts up. Councilman Harris said that some of the business people wanted to come before the Council and be heard. He said he was hard pressed to believe the Minnesota Highway Department can do it without the Council taking formal action. The City �ngineer said the plans were discussed with the Council. He had brought the plans to advise the Council the Highway Department was proceeding with the improvement and to see if there were any recoznmendations the Council wanted to pass on. After that discussion, the Council was in agreement that the highway should be fenced south of I. 694. There was a question on the north side and we asked the Highway Department to meet with the City Council so they could discuss some items in person. Councilman Harris agreed up to that point, but thought that from the time they ordered in the fence going south, he indicated that he would like to invite the business people in the area in to discuss the fence and this was never achieved. ' ' � r,,, a �� � REGULAR COUNCIL MEETING OF NOVEMBER 2, 1970 PAGE 7 � Councilman Breider said that the Council did not order the fence in, but the feeling he got was that they really did not have a choice. He asked the City Attorney what right they had to stop it. The City Attorney said it was the Highway Department's right of way and he felt they had adopted a fencing plan to protect pedestrians. He said the Hiqhway Department generally cooperates and felt they had attended the meeting to hear the Council's recommendation, but it was not the Council ordering or approving it. Councilman Harris said he has heard from a lot of people along University Avenue who are not happy with the fence and it appears to these people that the Council has approved it. He wanted to go on record reaf£irming action so he can vote no until �hey talk to the people on the street Mr. Schmedeke, 5900 University Avenue N.E., expressed the concern of the people in his area, and said that they had felt they would be getting a chance to discuss it fixst. He did not think the looks of Fridley were going to improve with a fence, and it would be hard to convince anybody theirs' was a commercial area. He suggested, if need be, put one fence down the middle and save money. Another visrtor expressed the concern over it becoming a paper and trash collector, plus the problems with snow storage. The Council considered �ust how much of a safety factor the fence was. � One concern o£ the Highway Department was animals on the freeways, but it was pointed out they could still get on the highway at intersections. It was mentioned that it was probably safer to cross between intersections with only one way to look at a time rather than at the semaphore at University and Mssissippi with all the conflicting turns. Councilman Breider asked about Council responsibility if the fence is requested not to be put up and a child wexe killed. The City Attorney said there was no way to sue a Councilman or City as there was govern- mental immunity and no legal liability. It was discussed that the Highway Department can be flexible and that they have changed their policies in the past. Councilman Harris said that the Council's request was why the Highway Department's policy cannot be changed to conform to the wishes of the community. He thought the fenczng would be objectionable to the paxticipants in the light�ng of T.H. #47. MOTION by Councilman Harris, stating that he was going on record and making a motion that he was not in favor of the £encing plan as presented from I. 694 north. Councilman Sheridan seconded the Motion. Councilman Sheridan said that the Hiqhway Department presumably has two standards and zeferred to Highway 35 into St. Paul which has a center � three foot chain link fence in an open area. Councilman Harris said that if the motion passes, the Council can ask the Administration and City Attorney to write a letter stopping the pro�ect and asking the Minnesota Highway Department to come before the Council for further discussion. He said he thought they could invite the public to come to the meeting. Councilman Liebl said he did not want to stop the N - "3 �.' _ REGULAR COUNCIL MEETING OF NOVEMBER 2, 1970 PAGE 8 fencing south of I. 694 because he was 100% for that because of a bad ' accident, but for the business district, that would be diffexent. The Crty Engineer said that the Hiqhway Department feels they are complying with the wishes of the City because we asked for fencing south o£ I. 694 and if it is safer south of 694, it would be safer to the north also. He pointed out that the contract has been let. THE VOTE upon the motion was a voice vote, there being no nays, Mayor Kirkham declared the motion carried. Councilman Harris asked both the Administration and City Attorney to direct a letter to the Minnesota Highway Departrnent notifying them of the Council decision and indicating to them we would like to have them appear before the Council before any further construction is done on the fencing north of I. 694 and ask them to indicate when they can appear so the Council can notify the people affected by the fence to come to be heard. The Council discussed which meeting would be best to invite them to, and decided on the Regular Council Meeting of November 16, 1970, which would be in two weeks. RECEIVING SIDS - LIQUOR STORES: (Bids Opened 1:30 P.M. November 2, 1970) Mayor Kirkham said that as there were no bids to be received on the liquor � stores, the Council would move on to the next item. APPROVING CHANGE ORDER �2 FOR STREET IMPROVENIENT PROJECT ST. 1970-1: The City Engineer explained that this was an improvement worked out with the State that included the storm sewer on T.H. #65 East Service Drive north of the railroad tracks and some work for the sidewalk on Osborne Road. He said that on Osborne Road this was not an additional cost, but 7ust keeping the paper work straight. MOTION by Councilman Liebl, seconded by Councilman Breider, to approve Change Order #2 for Street Improvement Pro�ect St. 1970-1. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. DISCUSSION REGARDING THE RICE CREEK AND MISSISSIPPI RIVER STUDY REPORT REGARIJING DEVELOPMENT AND FLOODING: The City Engineer explained that in 1968 the Ca,ty made a request to the Corps of Engineers in regard to making a study of flooding along the Mississippi Ettver and the potential flooding of Rice Creek. They have now gotten the funding from the Federal Government. He stated that he has met with the itepresentative o£ the Corps and also a Representative of the Flood Plain and Shoreland Management Unit of the Department of Water Conservation to show them the area and discussed wrth them Fridley's problems which are unique and different from studies they make for other , cities. The City Engineer said that he has written the letter to them that is in the Council Agenda outlining some of the items the City wants them to study, and if the Council does not have any additienal recommendations or chanqes to make to the letter, they will mail it on to them. , E�rrG REGULAR COUNCIL MEETING OF NOVEMSER 2� 1970 PAGE 9 � The Councll discussed several of the problems Fridley has, such as the pilings in the Mississippi which diverts the current and washes away the bank. The City Engineer said that another letter has been written on that problem. Councilman Breider asked if the studp can be used by our Engineers for such problems as Stoneybrook Creek and Glen Brook Creek. The City Engineer did not think it would help that much as the Rice Creek study area is going to be veYy extensive, whereas most of L-he waters in those creeks come right from Frxdley. Councilman Harris said that the Rice Creek District is 900 squaxe miles and drains 11 lakes between Forest Lake and the outlet, so it is really a ma7or area, and the other is smaller so we can probably control that ourselves. Councilman Breider said he was wondering if it will be possible to use some of the flow rates and recommendations on bank stabilization that they recommend, only on a smaller scale. The City Engineer said he was sure there should be some parts they could use. Mayor Rirkham asked about getting assistance on Locke Dam. The Ca.ty Engineer said that he had shown the Repxesentative the dam, and perhaps when the study was completed, Federal funds could be requested. Mr. Wayne Pearson, 6801 Hickory Street N.E., asked if anything is going to be done about Locke Lake Dam. The City Enqineer sald that the dam was in bad shape, as it was not originally designed to be used as it is being used. He said that this item has been brought to the attention of the � Council before and they are awase that it needs work. He said that they will be examining the dam and making a report, and they would hope to do the investigative work over the winter when the water 1eve1 is low. Ae said they would hold a hearing and get the views of the people on the 1ake. Mr. Pearson said he was a Representative of the Locke Lake Association, and he asked if there would be less problems if the water in the lake was lowered, and if they lowered a.t, would the City Engineer be available to look at it. The City Engineer said there was no questzon of it, he was pxetty sure the bottom of the culvert is pretty much gone fxom the water eating at it, but they will have to look at it to know the exact problem and the cost. MOTION by Councilman Sheridan to concur with the recommendations as set forth in the letter of October 30, 1970 by the City Engineer, to the Assistant Chief, Flood Plain Management Services, U.S. Army Engineering District. Seconded by Councilman Harris. Upon a voice wte, there being no nays, Mayor Kirkham declared the motion c�rried. RECEIVING QUARTERLY REPORT TO SUBURBAN RATE AUTHORITY: MOTION by Councilman Harris to receive the quarterly report to the Suburban Rate Authority from July through September, 1970. The motion was seconded and upon a voice vote, there being no nays, Mayor Kirkham declared the motion carned. � CONSIDERATION OF AN ORDINANCE ADOPTING THE BUDGET FOR THE FISCAL YEAR 1971: MOTION by Councilman Harris to approve the Ordinance adopting the Budget for the fiscal year 1971 on first reading, waiving the reading. Seconded by Councilman Liebl. Upon a roll call vote, Breider, Sheridan, Kirkham, Lieb1 and Harris voting aye, the motion carried unanimously. � � i �� 1 REGULAR COUNCIL MEETING OF NOVEMBER 2, 1970 PAGE 10 RESOLUTION #201-1970 - A RESOLUTION DETERMINING THE NECESSITY OF AND ' PROVIDING FOR A TAX LEVY IN EXCESS OF NORMAL CITY CHARTER TAX LIMISS: MOTION by Councilman Liebl to adopt Resolution #201-1970. Seconded by Counca.lman Breider. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously. RESOLUTION #202-197D - RESOLUTION CERTIFYING TAX LEVY REQUIREMENTS FOR 1971 TO COUNTY OF ANOKA FOR COLLECTION: Councilman Harra.s asked if the Council would be getting an up dated analysis on the pension fund before preparinq the next budget, as he felt they should take a second look at these £igures next year. The Acting City Manager said there should be something on this in the next counle of months. MOTION by Councilman Liebl to adopt Resolution #202-1970. Seconded by Councilman Sheridan. Upon a voice vote, there being no nays, Mayor Kirkham declaxed the motion carried unanimously. RESOLUTION #203-1970 - A RESOLUTION AUTHORIZING AND DIRECTING THE SPLITTING OF SPECIAL ASSESSMENTS ON LOTS 1 and 2, BLOCK l, SPRING BROOK PARK ADDITION, AND COMBINING LOTS 3& 4, BLOCK 1, WITH PART OF LOT 2, BLOCK 1, SPRING BROOK PARK ADDITION: MOTION by Councilman Haxris to adopt Resolution #203-1970. Seconded by ' Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carra.ed unanimously. RESOLUTION #2D4-1970 - A RESOLUTION AUTHORIZING AND DIRECTING THE SPLITTING OF SP�CIAL ASSESSMENTS ON LOTS 8 AND 9, BLOCK 3, PARCEL 680, BENNETT- PALMER ADDITION: MOTION by Councilman Harris to adopt Resolution #204-1970. Seconded by Councilman Brea.der. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RESOLUTION #205-1970 - A RESOLUTION AUTHORIZING AND DIRECTING THE SPLITTING OF SPECIAL ASSESSMENTS ON LOTS 5-7, BLOCK 3� AND LOTS 6-9, AND 17 (EX. SOUTH 49 FEET),BLOCK 4, BENNETT-PZtI,MER ADDITION: MOTION by Councilman Harris to adopt Resolution #205-1970. Seconded by Councilman Breider. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously. RESOLUTION #206-1970 - A RESOLUTION AUTHORIZING AND DIRECTING THE SPLITTING OF SPECIAL ASSESSMENTS ON PART OF LOT 5, PARCEL 480, AIIDITOR'S SUBDIVISION #108, AND REPLATTING INTO MARXEN TERRACE ADDITION: MOTION by Councilman Harris to adopt Resolution �r206-1970. Seconded by ' Councilman Breider. Upon a voice vote, there being no nays, Mayor Ka.rkham declared the motion carried unanimously. ' REGULAR COUNCIL MEETING OF NOVEMBER 2, 1970 REPORT ON ELECTION SUDGES PAY: PAGE 11 Councilman Sheridan said that he had talked to several Election Judges and they had indicated that Fridley was low on the pay for Election Judges, and this report was the result of discussing it with the Administrata.on. MOTION by Councilman Sheridan to concur wrth the recommendation to raise the Election Judges at this time, and review for future elections. Seconded by Councilman Harris. The reqular Election Judges are to be paid $2 per hour and the Head Election Judges are to be $2.50 per hour. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carned unanimously. APPOINTMENTS: HUM11N RELATIONS CONIMITTEE: MOTION by Councilman Harra.s to table the appointments to the Human Relations Committee. Seconded by Councilman Breider. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried nnanimously. CLAIMS MOTION by Councilman Harxis to appxove payment of General Claims #23363 through #23480 and Liquor Claims #4958 through #4983. Seconded by � Councilman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously. LICENSES: Councilman Liebl said that there was an additional General Contractor's license to add for the Keyway Builders, Inc. MOTION by Councilman Harris to approve the following licenses: General Contractor Approved By Keyway Builders 11410 So. Oakdale Road Minnetonka, Minnesota Lee-Do Construction 7837 Madison Street N.E. Spring Lake Park, Minn. Masonry Heath Construction Company 700 77th Avenue N.E. Circle Pines, Minnesota � Cigarette Piggly Wiggly 5251 Central Avenue Fridley, Minnesota By: Ray Mormawn By. Douglas Kiel By: Merlin Heath By: Piggly w1gg1Y Midwestern Building Insp. Building Insp. Building Insp. Police Chie£ �: �� C � F �7 l REGULAR COUNCIL MEETING OF NOVEMBER 2, 197D LICENSES CDNTINUED: Christmas Tree Lots Central Frostop ➢rive-In 7699 Viron Road Fridley, Minnesota Fridley Dairy Queen 280 mississippi St. Fridley, Minnesota Target 755 53rd Avenue N.E. Fridley, Minnesota Multiple Dwellings Eugene Lashinski 1035 Polk Place N.E. Minneapolis, Minn. Dale Crosby 815 llth Avenue So. Hopkins, Minn. By: Sherman Hanson By: Ernest Fitch By: Floyd Newcomb Address 4030 Main St. N.E. 7400 Lyric Lane Units � L'-� PAGE 12 Approved By: Fire Inspector Fire Inspector Fire Inspector Fee $10.00 10.00 THE MOTION seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. WMMUNICATIONS A. MINNESOTA BUREAU OF MEDIATION SERVICES: RECOGNITION OF UNION: MOTION by Councilman Liebl to receive the communication regarding the Pirefighters election. Seconded by Councilman Breider. Tlpon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously. B. MINNESOTA HIGHWAY DEPARTMENT: OPENINGS IN FENCING ALONG UNIVERSITY AVENUE: The City Attorney and City Administration will be sending a letter to the Minnesota Highway Department asking them to desist from any work on the fencing until £urther discussions have taken place. MOTION by Councilman Sheridan to receive the communication from the Minnesota Highway Department. Seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously. C. MINNESOTA HIGHWAY DEPARTMENT: DETOUR ON T.H. #47 FOR CONSTRUCTION OF BRIDGES SOUTA OF 37TH AVENUE: This will be for work on the bridges over the Soo Line Railroad at 34th Avenue and over the Burlington Northern at 29th Avenue Northeast. � , ' �, � REGULAR COUNCIL MEETING OF NOVEMBER 2� 1970 PAGE 13 ' MQTION by Councilman Harris to receive the communication from the Minnesota Highway Department. Seconded by Councilman Liebl. Upon a voice vote, - there being no nays, Mayor Kirkham declared the motion carried unanimously. REPORT TO THE CITY COUNCIL FROM THE CITY MANAGER ON THE NORTH PARIC APPLICATION The City Manager said that Mr. Clawson has a.ndicated that the application should get approval if done in the manner suggested in the memo. He explained that the first resolution would delete Parcels 3000 and 3200, 620, 640 and 30 and would add the east 70 feet of Parcel 600, and the second resolution would authorize the City to make application under LAWCON for participation in Parcel 600 except the east 70 feet, and Parcel 60, and authorize the City to obtain an opta.on on the above land until the application can be processed. The Acting City Manager said that he has read the resolutions to Mr. Clawson over the telephone, and he agreed with everything. Conncilman Harris said that there is nothing indicating the owners have agreed to an option to purchase the balance of Parcel 600. The Council decided to add an additional "whereas" clause to the second resolution, stating that the owners have agreed to grant an option to purchase Parcel 600 and Parcel 60. ' Councilman Liebl said that he would like to see a city-wide type of park that is available to people in all the wards. Councilman Harris said that he felt it would be developed in that manner. The City Attorney said that this — is not the type of land you can stock pile, and plans will be needed for development. Councilman Harris said that we will have to get the land before the City could pay someone to come in and give recommendations on the F�est use. RESOLUTION #207-1970 - A RESOLUTION AMENDING PROJECT APPLICATION LW 22-00298 FR2DLEY PARKS� CITY OF FRIDLEY, ANOKA COUNTY: MOTION by Councilman Harris to adopt Resolution #207-1970. The motion was seconded. Mayor Kirkham said that the more he looks at this proposal, the mose he feels that it is too expensive a pro�ect. Councilman Sheridan said that it will get more expensive, the way the devaluation of the dollar is going. Mayor Kirkham said that he appreciated that, but he was not sure the City needs this much more park. Councilman Harris said that this was the feeling of a prior Council on the south end of the City, and now the cost in that axea makes it prohibitive. He said that we maybe can get along without it for 5 to 10 years, but he would like to be far- sa.ghted enough to have bought it. Councilman Liebl said he was not opposed to it, but he wants to make sure that all the people in the City can use it. Councilman Harris said he felt one o£ the reasons the YMCA � is interested in possibly putting a million and a half dollar building in this area, is because of the plans for a recreational area in the _ vicinity. The City Attorney said he thought the deletion of Parcel 300 was a wise economy move on the part of the Council. i � �� REGULAR COUNCIL MEETING OF NOVEMBER 2, 1970 PAGE 14 THE VOTE upon the mota.on was a voice vote, with Harris, Bxeidex, 5heridan and Liebl voting aye, Mayor Kirkham voting nay, the motion carried, RESOLUTION #208-1970 - RESOLUTION AUTHORIZING THE ADMINISTRATION TO APPLY FOR FUNDS FOR THE NORTH PARK AREA UNDER LAWCON FOR PARCELS 60 & 600, EXCEPT THE EAST 70 FEET, AND AUTHORIZE THE CITY ATTORNEY SO OBTATN AN OPTION TO PURCHASE SUCH PARCELS� MOTION by Councilman Harris to amend the Resolution to add the following "W2�ereas" clause to the Resolution just before the "Now ThereEore" clause: "Whereas, the owners have agreed to grant an optxon to purchase Parcel 600 and Parcel 60", and to adopt the Resolution as amended. The motion was seconded, and upon a voice vote, Harris, Breider, Sheridan, Liebl voting aye, Mayor Kirkham voting nay, the motion carried. SETTING MEETING DATE FOR CANVA5S OF VOTES FOR ELECTION OF NOVEMBER 3, 197D: The Council discussed the best time to hold the Canvass of Votes Meeting and decided on Thursday, November 5, 1970 at 5:30 P.M. LOCKE LAKE DAM REPORT AND HEARING: ' The City Engineer said that the Council asked the Engineering Department to prepare a report on the Locke Lake Dam. He said that because of the rain during the past month, they have been unable to study the dam, and , because they cannot do any construction this year they will not be presenting a report as early as proma.sed� and would like the hearing held in January or February rather than in December as previously discussed. NOT70N by Councilman Breider that the hearing on the Locke Lake Dam be held in FeLruary when all the basic data has been prepared by the Engineer. Seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously. ADJOURNMENT: The Regular Council Meeting oE Novembex 2, 1970 was adjourned by Mayor Kirkham at 9:45 P.M. Respectfully submitted, �ry �1 _ � I , �.LC/c�u_ c..'�iV �'+,f�L' LS'7vc.l � ary Lu S`trom Acting Secretary to the City Council Jack O. Kirkham Mayor ��