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12/21/1970 - 00018389� k' ��' � THE MINUTES OF THE REGTILAR COl7NCiL MEETING OF DECEMBER 21, 1970 PLEDGE OF ALLEGIANCE; The Mayor lead the Council and the audience in saying the Pledge of A1legiance to the Flag. INVOCATION, Reverend Bergren, Redeemer Lutheran Church, offered the Invocation. Mayor Kirkham called the Regular Council Meeting of December 21, 1970, to order at 7:45 P. M. ROLL CALL• MEMBERS PRESENT: Breider� Sheridan, Kirkham, Lieb1, Harris MEMBERS ABSENT: None APPROVAL OF MINUTES OF Tk1E REGULAR COUNCIL ME�TING OF DECEMBER 7, 1970: � MOTION By Councilman Breider to adopY the Minutes of Lhe Regular Council Meeting of December 7, 1970a as presented, Seconded by Councilman Lieb1, Upon a voice vote, there being no nays, Mayor Kirkham decLared the motion carried, � ADOPTION OF AGENDA: MOTION by Councilman Liebl to adopt Councilman Sheridan. Upon a voice declared the motion carxied, VISITORS: the Agenda as presented, Seconded by vote, there Ueing no nays, Mayor Kirkham Request to Operate a Flea Market: Mr. Cqri1 Link, who ogexates the EridLey Auction at 75�0 University Avenue N. E said he would Like to operate a fle� market on Sunday afternoons from 1:00 P.M. to 6:00 P.M. Mayor Kirkham said that this is an item that should have beeq brought to the Council on the agenda. Mr, Link said they were told to come back to the Council for any hour changes, or any other changes. He explained that people would be selLing their own items and the auction would �ust be renting them stalls. The City Engineer requested that Che Administration be given time to investigate and report back at the next regular Council Meeting, The Council agreed there should be time to look into this fully. Mr. Link was requested to present a letter or come in and discuss the hours and other details with the adminisCratioa, and was told that this item will be back on the Agenda of January 4, 1971. � �i �' '� REGULAR COUNCIL MEETING OF DECEMSER 21, 1970 PAGE 2 CONSIDERATION OF THC SECOND READING OF AN ORDINANCE FOR REZONING REQUEST , ZOA �k69-11 AND SPECIAL USE PERMIT REQUEST SP �r`69-01, BY BURLINGTON NORTHERN; PETITION ik21-1970• The City Engineer stated that the Council has received the revised petition prior to the meeting, and that the changes have been underlined, The material in the agenda is what has been presented by the Railroad Company. If the Council agrees, they could pass the ordinance on second reading and approve the variance requested and the special use permit. Councilman Lieb1 referred the Council to Item "r" in the petition dealing with relocating the existing old raiLroad crossings, He said there was a petition to be presented to the Council and called on the gentleman in the audience. Receiving Petition �k20-1970 to remove that portion of the agreement between the City of Fridley and Burlington Northern, Inc, that will aLlow the installation of the prcaposed crossings at 79th and 83rd Way Mr. Winston Sacobson, 121 79th Way N. E., came forward with a petition. He said that it was the responsibility of the Council to look after the well being of their constituents, and he felt they were neglecting this duty. He mentioned the recent deaths because of a train/car accident and said this must be borne by the Council for not looking after its citizens. He said that the 77th Avenue crossing should not have been there, and this would not have occurred. IIe said that although the railroad had been against the crossings previously because of safety, now they agree to get , the total improvement on their rezonings. He asked why the Council wanted additional crossings. Ae said the signers of the petition had four reasons for their opposition. 1. The construction of such crossings would be detrimental to the safety of residents living in the area. 2. The crossings will increase the noise poLlution in the area. 3. Traffic patterns must be better controlled. 4. The proposal to buy property on the north end of the City wouLd be ruined by traffic with a crossing at 83rd. Mr. Jacobson then presented a four step plan to insure the safety of the residents in the area. 1. Close 77th crossing immediately. 2. Close the crossings at Ironton and Liberty as soon as possible, 3. Procure, and,if necessary, condemn land to extend Ashton Avenue to the north City limits as an industrial service road. 4. If North Park is built he proposed to build a road to University one block south of the park that would reduce noise to the park ecology. He read the heading on the petition and presented it to the Council. MOTION by Councilman Breider to receive Petitiott ��20-1970. Seconded by Councilman Sheridan. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carrled. Mayor Kirkham said that as far as he was coacerned, the petition is worth very little because when the petition was circulated, it was indicated that the Council was asking for additional crossings and this is not the case. He said the railroad is agreeing not to oppose the relocation of crossings, hut they are not proposing additional crossings, Mayor Kirkham said that as , far as safety for the citizens was concerned, he remembered how hard the Council had worked for a grade spearation at Mississippi Street. Councilman Harris said he was concerned that Mr. Jacobson feLt the Council was not concerned about the safety of the residents, especially at railroad crossings. He said that through this agreement the City has an opportunity REGULAR COUNCIL MEETING OF DECEMBER 21, 1970 1�=j '' � � f, � PAGE 3 ' for two grade separations, one at 43rd and the other at Mississippi Street. Mr. Jacobson said that he has not lived in the City long enough to know the past, but he hoped the four proposals he presented would be considered by the Council. Councilman Breider asked the City Engineer whether there was a time frame- work on these crossings. The City Engineers said that a plan was adopted in 1962, and they are moving in that direction. He said that 77th wus a bad intersection, and they had cut through a road from 77th to Osborne to make it safer, so that the cars would go to controlled crossings. CounciLman Breider asked if the City Engineer felt they could close 77th Avenue. The City Engineer said that if we get the control signals, the need for i7th Avenue will be minimal and, as the road in the area is noL- finished, closing it now would be a matter of �udgement. Ae said they could study this more and give the Council an opinion, but it wi11 be difficult to close because of the road not being improved yet, but hope to have it completed next summer. CounciLman Breider asked Mr. Thompsoa from Burlington Northern the speed the trains were traveling in this area. Mr. Thompson said the passengers would be going about 65 miles per hour, and the freights would be going some- what slower. Councilman Harris said that included in the agreement is the statement that if the Council appears before the Public Service Commission regarding crossings, the Railroad will not oppose us. IIe asked Mr. Thompson if this was correct. Mr. Thompson agreed that they would not oppcse the City. � Couacilman Harris asked Mr. Thompson if they would oppose the City if they asked for signalization. Mr. Thompson said they have participated in the signalization of crossings at normal cost to the rzilroad, and they would not ob�ect if they were warranted. Councilman Breider asked what they plaaned to do with the signals on Mississippi and 43rd Avenue after the underpass aad overpass are installed. Mr. Thompson said that the relocation would be by the City and the State, and if the State pays 90% they will have the say. Councilman Harris asked Zf there was any reason why they couLd not communcate to the City through the PubLic Service Commission so that when the signals are removed, they could go to the other two crossings in Fridley, Mr. Thompson said they would have no ob�ection to doing this. The Council reviewed the agreement with Burlington Northern and Councilman Harris drew their attention to Section "Q". He read the sentence in parenthesis, "($79,DOp to he base December 31, 1970)", and stated that he felt this should be changed to 1971� as the agreement is being acted on this year, but the ordinance will not go into effect until 15 days after publi- cation which will be after January 1. He felt the way it was stated, they would be able to add the 10% figure during the first year if this w�rk was started. There was a discussion among the City Attorney, the representatives of the railroad and the City Council on the language in this Section. To clarify this, the Railroad Company agreed to amend the sentence to read, "($79,000 to be base until December 31, 1971)". They changed the original petition and initialed the change. � MOTION by Councilman Harris to receive the amended petition in regard to the expansion and operation of the railroad classification yard from the Burling- ton Northern Inc. Seconded by Councilman Sheridan. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. � � �a �, REGULAR COUNCIL MEETING OF DECEMBER 21, 1970 PAGE 4 MOTION by Councilman Liebl to adopt Ordinance �k470 to amend the City Code , of the City of Fridley, Minnesota by making a change in zoning Districts upon second reading, waiving the reading and ordering publication. Seconded by Councilman Harris. Upon a roll ca11 vote, Kirkham, Harris, Sheridan, Liebl, Breider voting aye, there being no nays, the motion carried, MOTION by Councilman Liebl to grant Burlington Northern the Special Use permit and Variance as requested. Seconded by Councilman Harris for discussion. Councilmaa Harris said that since the Special Use Permit was drawn up for T-tact A and Tract A& B, we have added another section in the petition under�Section Nl, He asked if this would affect the property to the north of I. 694. The City Engineer said that this present request is only for the area shown, He would assume they will have to make a new application for the rest. The City Attorney said that the variance is only for yard construction. He said his feelings would be that the agreement affects only area A& B. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. Councilman fIarris requested that Mr. Thompson and the Attorney, Mr. Bartholic, direct a letter to the Public Service Commission that they will concur with the desires of the City if at any future date the signal apparatus is to be moved, and that they wi11 suggest it be placed at designated crossings which may occur, so that the City wauld have the first opportunity when they are made available. The City Attorney asked the Railroad if they would draft Yhe letter and give it to the City for the Public Service Commission. The Attorney Mr. Bartholic agreed. ' MOTION by Councilman Harris requesting a letter from the Burlington Northern Railroad, Inc., that they concur wrth the City in its desires that signal apparatus remain in Fridley at designated crossings when they are to be moved. Seconded by Councilman Sher�dan. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. Councilman Breider went to the map and pointed out the area east of the rail- road tracts and north of 79th Avenue and said he would like to see the Engineering Department reevaluate our philosophy in this area. He said it would probabLy be to our advantage to channel traffic out to the east toward University and keep the crossing of the railroad to a minimum. The City Engineer said he was sure the Engineering Department could come up with more information on the direction of traffic in the area. Mr. Andrew Kohlan presented the Councii with a letter from the DFL Party regarding the matter of several additional proposed railroad crossings they thought the Council was requesting. Mr. Kohlan outliaed an idea to the Council using the NSSSD sewer easement ad�aceat to the railroad tracts for road usage. The Council explained that they were not seeking additional crossings, but are only trying to improve the crossings, Mr, Kohlan said that the information he has received is incorrect then, MOTION by Councilman Liebl to receive the communication from the Fridley DFL � Club dated December 20, 1970. Seconded by Councilman Breider. Upon a voice vote, there 6eing no nays, Mayor Kirkham declared the motion carried. , � R�GULAR COUNCIL MEETING OF DECEMBER 21, 1970 REPORT FROM CITY ATTORNEY REGARDING REGIILATION OF SNOWMOBILES. fi �i, ,-� PAGE 5 The City Attorney discussed the proposed uniform snowmobile ordinance received from the Hennepin County League of Municipalities. He said there could he a little more control in the ordinance by placing a speed Limit, he said they could make it ten to twenty miles per hour if they wanted, and cauld add more specifications on safety equipment. He said that the advantage of a uniform ordinance would be for someone driving from community to community to have standard regulations. Only six communities have passed this ordinance, but it has only heen circulated since November. He said he has not had time to receive comments from the Chief of Po12ce yet, but if he approves, the Caty Attorney would uxge adoption, Mayor Kirl:lzam thought it would be to the CounGil's advantage to adopt a uniform ordinance, and he thought it could be adopted on first reading, and changes made before the second reading. Council- man Harris thought it would need some changes, riot because it was not inclusive, but he thought there were areas not quite defined, Mr. Holm, the gentlman who had circulated a petition regarding snowmobiLes, asked how you regulate a speed limit. Mayor Kirkham said that it wi11 be their own responsibility, and they wi11 �ust have to travel slowly. Mr. IIo1m said he would like to see a speed limit of 10 or 15 MPH. Councilman Lieb1 said that it would be hard to keep the speed down that low on snowmobiles, he felt 10 MPH would he unrealistic. Councilman Sheridan said he could understand the peopLe's concern about their children as snowmobiles have little control as far as stopping. Councilman Harris said that he noted that the slower they go, the quieter they are, It was also pointed out that some �ommunities require that_ flags be flown for safety purposes. MOTION by Councilman Liebl that the proposed ordinance be seat back to the Police Department for suggestions-on the ordinance Seconded by Councilman Sheridan. IIpon a aoice vote, there being ao r.ays, Ma�or Kirkham declared the motion carried. RECEIVING THE MINU'PES Cr^ THE PLANNING COMMISSIODT MEETING OF DECEPfBER 9, 1970: 1. PUBLIC HEARING. REOUEST FCR 12EZONING ZOA -0k70-0�. SID BADER: LOT 4 The City Engineer put the map of the area on the pro�ector and explained that this would rezone half of Lot 4. MOTION by Councilman Harris to set the Public Hearing for rezoni_ng request ZOA ��70-12 to rezone the south half of Lot 4, Auditor's Subrlivision �k108, from R-1 to R-3 for February S, 1971, Seconded by Councilman Breider Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. 2. PUBLIC HEAAING, REQUEST FOR SPECIAL USE PERNLiT, SF ik70-12, ALVIN A. NITSCHKE: The City Engineer said that this Special Use Permit is for a double bungalow and goes along with ax� exchange of property in the Jay Park area. The City � would get 15.4 feet of property and Mr. Nitschke wouLd end up with an 80 foot 1ot, Mr. Nitschke would also give the City $250 wrth the exchange. He showed the Council a picture of the type of bungalow planned. The PLanning Commission had recommended approval sub�ect to Mr. Nitschke gettiag approval from the Building Standards - Design Control Subcommrttee of the building pLans prior to submission to the Council. � ��-4 REGULAR COUNCIL MEETING OF DECEMBER 21, 1970 MOTION by Councilman Harris to approve the exchange of property with Mr. Nitschke paying the City $250 additional because we are giving more land, and to approve the lot split for Lot 32, Slock 4, Lowe11 Addition to Fridley Park. Seconded by Counci7man Lieb L Upon a voice vote, thex'e being no nays, Mayor Kirkham declared the motion carried. The City Cngineer asked Mr. Nitschke if he has agreed to putting the fence on the south side, and he said that he did. Councilman Sheridan questioned the Special Use Permit in R-1 zoning as he thought a public hearing was required. The City Engineer looked this up and stated that a Special Use Permit in R-1 zoning requires a 4/5 vote of the Council, but a public hearing can be held if the Council wishes. PAGE 6 MOTION by Councilman Liebl to concur with the recommendation of the Planning Commission and grant the Special Use Permit with the stipulation that the BuLLding Standards -➢esign Control approve the buLlding pLans pxior to submission to the Council. Seconded by Councilman Sheridan, Upon a ro11 call vote, Kirkham, Harris, Liebl, Sheridan, Brei�der voting aye, the motion carried unanimousLy. 3. REQUEST FOR VACATION OF A PORTION OF A UTILITY EASEMENT BY JERRY ABRAMSHIIK. SAV �F70-O5. TO VACATE THE NORTHERLY 7 FEET OF THE SOII' MOTION by Councilman Harris to set the Public Hearing for the requested vacation of a portion of a utility easement for February 8, 1971. Seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. MOTION by Councilman Liebl to receive the remainder of the Planning Commission Minutes of December 9, 1970. Seconded by Councilman Harris, Upon a voice vote, there Ueing no nays, Mayor Kirkham declared the motion carried. MOTION by Councilman Harris asking the l�dministration to bring back that part of the ordinance dealing with single family structures and attached garages so the Council has a clarified position on it, and that the Planning Commission be sent that information along with any discussion or additional information for their comments. Seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. RECEIVING THC MINUTES OF THE BOARD OF APPEALS MEETING OF DECEMBER 15, 1970: 1. A REQUEST FOR A VARIANCE OF SECTION 56.05, 4B� SUBPARAGRAPH 1, FRIDLEY CITY CODE, TO INCREASE THE MAXIMiTM SIGN AREA FOR A FREE STANDING SIGN IN ALLOW THE EXISTING SIGN TO BE RELOCATED ON PART OF LOT 5, A SUSDIVISION N0. 153, THE SAME BEING 5201 CENTRAL AVENUE N.E S J FRIDLEY 711 The City Engineer explained that this was a variance for a pylon sign on property in Skywood Mal1 Shopping Center. The sign has to be moved because of the new ltain City Federal Building, and now it falls under the upgraded sign ordinance. There are now signs exzsting for Spartans, Skywood Mall, 1 , � REGULAR COUNCIL MEETING OP DECEMBER 2�, 1970 e c G � C, PAGE 7 ' Howard Johnson, and there will he one for Twin City Federal plus this sign. He recommended they get a letter signed by the owner of Skywood Shopping Center and also from the operator of the car wash that there wi11 6e no more signs along 52nd Avenue and Highway 65, and then the variance could be approved. He said that this would get rid of many sma11 temporary type of signs and will clean up the area and be an improvement. MOTION by Councilman Liebl to concur with the recommendation of the I3oard of Appeals and approve the request to erect a 252 square foot sign with the stipulation that all extra signs be taken down and that the owner of the property and operator of the car wash submit letters stating there will be no additional signs other than the five previously mentioned. Seconded by Councilman Harris. Upon a voice vote, there being no aays, Mayor Kirkham declared the motion carried. 2. A REQUEST FOR A VARIANCE OF SECTION 45.053, 4B, TO REDUCE THE SI➢E YARD SETRACK FROM 10 FEET TO 5 FEET TD PERMTT THF; EXISTIN� ATTACHE➢ (;ARAGF, ADDITION THE SANIE BEING 831 WEST MOORE The City Engineer showed the Council where the garage is located on the property. He stated that the Board of Appeals has recommended approval sub�ect to putting a fire wall between the two structures. He wi11 lie building a detached garage in the back of the lot with a b'_acktop driveway. , MOTION by Councilman Harris to concur with the recommendation of the Board of Appeals and granC the variance to Robert E. Kelshaw. Seconded by Councilman Sheridan. Upon a voice aote, there being no nays, Mayor Kirkham declared the motion carried, 3. A REQUEST FOR A VARIANCE OF SECTION 56.05, 3G, FRIDIS',Y CITY CODE, TO REDUCE THE MTNIMUM SIGN SETBACK FROM ANY PROPERTY LINE FROM 10 FP��T 8� FEET TO ALLOW THE ERECTION OF A STGN �N A PIIMP TST,A74i) T,OCATFn �N THE NORTH z OF LOT 11 AND ALL OF LOTS LZ, 13 AND 14, BLOCIC 4, REE'S ADDITION TO FRIDLEY PARK, THE SAME BEING 6389 IINIVERSITY AVENUE N E. FRIDLEY, M3DiPi�,50TA (55432), (F�QUEST BY CONTINENTAL OIL COMPANY 1400 LILAC DRIVE SOUT-H. The City Engineer explained that they want to put up a new sign, and to be able to erect it in the best location, this variance is needed. It would be their recommendation to approve the request sub�ect to whether the Council wanted an easement for sidewalks. Councilman Harris felt the Council should get an easement. MOTION by Councilman Harris to approve the variance to reduce the minimum sign set6ack fas the Gonoco Statioa aad request the AdministratLOn to obtain an easement for sidewalks. Seconded by Councilman Sheridan. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. � The representatives of the Continental Oi1 Company, present at the Council Meeting, asked if the approval of the variance hinged on the easement, as they [aere in no position to promise a dedication of Mr, Ryan's land, Council- man Harris asked that the Administration discuss this with Mr. Ryan and told the representatives that it would be worked out. �'- h, ��r � a PAGE 8 MOTION by Councilman Liebl to receive the Minutes of the Board of Appeals Meeting of December 15, 1970. Seconded by Councilman Sheridan. Upon a voice vote, there being no nays, Mayor Kirkham decLared the motion carried. RECEIVING THE MINUTES OF THE BUILDING STANDARDS - DESIGN CONTROL MEETING , OF DECEMSER 17, 1970 1. CONSIDERATION OF A REQUEST TO CONSTRUCT AN ADDITION TO THE EXISTING BUILDING LOCATED ON LOTS 28, 29, 30, BLOCK 2, ONAWAY ADDITION, THE SAME BEING 7805 BEECH STREET N.E., FRIDLEY, MINNESOTA. (REQUEST BY ADVANCED HEATING AND AIR CONDITIONING, INC., 7805 BEECH STREET N. E., MINNEAPOLIS, MINNESOTA 55432) The City Engineer explained the tqpe of addition they wi11 be buiLding. He recommended that they could approve a foundation permit at this time, then give the fu11 buiLding permit when their mechanical and electrical plans are done. The City Engineer asked the Council if they wanted to see the full plans when they are completed and the Council said that they did. MOTION by Councilman Harris to grant a Foundation permit to the Advanced Heating and Air Conditioning, Inc., until such time as their compLete pLans are finished and presented to the Council for a BuiLding Permit. Seconded by Councilman Breider. Upon a voice bote, there being no nays, Mayor Kirkham decLared the motion carried. AWARD OF PACKAGE PROPERTY AND CASUALTY INSURANCE BIDS: The City Manager said that the City had received two bids, but one bid did not really meet specifications. He introduced Mr. Leiand Douglas from Bachman-Anderson, Inc.� who was present at the meeting to answer any questions � the Council might have. Mr. Douglas said that there was one decision to be made by the Council. There is a base bid and two alternates, which would give additional liability covera$e, for liquor only or for the entire City operation. This is known as umbrella liability, Mr. Douglas also went on to explain why the premiums are up. He said that the value of the property has gone up, automobile insurance is much higher� payrolls are up, and the value of the buildings and equipment is up, so that the premium has increased 36%. The City Attorney questioned whether the additional Liability coverage on the Liquor would be necessary now that a Government Tort Act is in effect setting the limit a municipality can be held liable for. There was a discussion between the Attorney, Council and Mr. Douglas on the advisability of having this extra coverage. The City Attorney said he would like to research this further. Mr. Douglas said it probably would be possible to award the bid with Option �k2 for additional liquor liability coverage,and if after further research, they feel they do not need the coverage, he was sure the P. M. P�ndsley Company would delete the umbrella liability pro-rata. Mr. Dale V. Hadtrath, representing P. M. Endsley Company, said that he was sure the company would agree to that cancellation. MOTION by Councilman Harris to concur with the recommendation of the admini- stration and Mr. Douglas of Bachman-Anderson, Inc, and award the bid for property and casualty insurance coverage to P. M. Endsley Company, sub�ect , to final review of the exact policy and submission of a letter from the P. M. Endsley Company stating they wi11 cancel the umbrella liability on the excess on the liquor coverage if the City requests, Seconded by Council- man Sheridan. Upon a voice vote, there being no nays� Mayor Kirkham declared the motion carried. REGULAR COUNCIL MEETING OF DECEMSER 21, 1970 , RECESS: The Mayor called a recess from 10;00 P. M, to 10•10 P. M. CONSIDERATION OF JOINT POWERS AGREEMENT TO ESTASLISH NORTH SUBURBAN SEWER SERVTCE BOARD• � �� PAGE 9 Councilman Harris said that he has gone over the agreement and the Board has gone over it a number of times. He felt it was a good agreement as it provides for dixect information relative to what the Metropolltan Sewer Board might do and a11 the communities in the service area w111 be able to use this method to let the Metropolitan Sewer Board know of the needs of this area. He recommended that the Couucil approve the agreement and }oin the Sewer Service Board. The Council decided to hring this agreement back on the Agenda next October for renewal. MOTION by Councilman Harris to approve the Joint Powers Agreement Co establish a North Suburban Sewer Service I3oard and that the agreement be brought back before the Council next October for renewal in NovemUer. Seconded by Councilman Sheridan. Ilpon a voice vote, there being no nays, Mayor Kirkham declared the motion carried CONSIDERATION OF SEWER RATES: The Council discussed the need for reevaluation of the sewer rates according � to the needs of the City and asked the City Manager to bring back a memo at the next City Council Meeting with recommendations on this item. CONSTDERATTON OF CITY EMPLOYEE AND EQUIPMENT USE POLICY: The Crty Manager outlined the policy for the Council and explained that we do not have a policy covering the use of employees and equipment on such things as tournaments and playoffs at the present time� and there have been some questions on this in the past. Councilman Harris said he thought it was a good idea to have a definite policy. Councilman Sheridan drew the Council's attention to Item 5, "Authority", and said he felt the City Manager rather than the City Council could authorize the use of the empLoyees and equipment. The Council agreed with this, MOTION by Councilman Liebl to amend Section 5 to read City Manager rather than City Council and to adopt the Crty Employee and Equipae nt Use Policy. Seconded by Councilman Harris. Upon a voice vote, there being no nays, Mayor Kirkham decLared the motion carried. RESOLUTION i�228-1970 TftANSFERRING BUDGET APPROPRTATIONS WITHZN THE GENERAL FUND; MOTION by Councilman Liebl to adopt Resolution ��228-1970 transferring budget � appropriations within the General Fund. Seconded by Councilman Sheridan, Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried, � � 2��� REGULAR COUNCIL MEETING OF DECEMBEA 21, 1970 VOTE ON LEAGUE PROPOSAL ON STATE GUARANTEE OF LOCAL BOND ISSUES AND VOTE ON LEAGUE PROPOSAL ON SHORT-TERM FINANCING: PAGE 10 Mayor Kirkham explained that the League of Minnesota Municipalities and other groups are asking that Sta[e Statutes be adopted to allow the fu11 credit of the State to be used to back up bonds for municipalities. He said that both he and the Crty Manager were opposed to this. He said it could happen that the State could be bonded to its capacity and some City that has the ability to back their own bonds could not get it. Councilman Harris said he liked theidea of short term financing, but the idea that the fu11 faith of the State lowers the interest rate is not always right. The City Manager said that the two proposals are unrelated and should be handLed separately. Councilman Harris said if the Council is agreed on these two proposals, copies of the Council's action should 6e sent to our State LegisLators, the League of Minnesota Municipalities and the Anoka County Association of Municipalities, so they know how the Council stands. MOTION by Councilman Harris that the Administration indicate to the Legis- lators, League of Minnesota Municipalities and Anoka County Association of Municipalities that the Council is not in favor of the State guarantee of local bund issues and that the Council is in favor of short-term financing alternates that might be made available. Seconded by Councilman Liebl. Upon a voice vota, there being no nays, Mayor K�.rkham declared the motion carried. DISCUSSION REGARDING COST OF TRAFFIC SIGNAL AT T.H. ik47 AND COUNTY ROAD 132 (85TH AVENUE N.W.) Mayor Kirkham said he did not see where any one of the communities could say this signal is of any value to another community as each of the communities will have traffic going through the signal. The City Engineer said that this intersection is very bad as far as accidents are concerned. He said that the remaining $10,000 in construction cost has to be financed by the local municipalities. He thought our share probably should be $2500. The City Engineer said that the maintenance and electric power for the signal's operation should come from someone other than Fridley. The Council agreed on the figure of $2500. MOTION by Councilman Sheridan to concur with the recommendation of the Engineering Department and approve the amount of $2500 as Fridley's share of a traffic signal at the intersection of T.H. ��47 and County Road 132 (85th Avenue N.W.), with the understanding that maintenance and electric power are to come from someone other than Fridley. Seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. REPORT ON ACQUISITION OI' �ASEMENTS FOR SANITARY SEWEA EAST OF CENTRAL NEAR IIACKMANN AVENUE- The City Engineer pointed out that the City needed the two easements from the two property owners, He said they have negotiated what they feel is a reasonable price. MOTION hy Councilman Harris to approve the acquisition of two sanitary sewer easements as recommended by the City Engineer. Seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. , � , � , � REGIILAR COUNCIL MEETING OF DECEMBER 21, 1970 CONSIDERATION OF THE SALE OF FIVE FEET OF CITY PROPERTY AND TRADING OF ADDITIONAL PROPERTY - JAY PARK AREA: This item was taken care of earlier in the evening (Item 2 of the Planning Commission Minutes, Alvin A. Nitschke). The Council approved the exchange of p-roperty. STING RELEASE OF CERTAIN RIGHT OF WAY ALONG :.^, MOTION by Councilman Liebl to adopt Resolution ��229-1970. Seconded by Councilman Harris. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. -1970 ORDERING PREL 1-3 REPORT MOTION by Councilman Lieb1 to adopt Resolution ��230-1970. Seconded by Councilman Harris. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. RESOL[ITION ��231-1970 RECEIVING THE PRELIMINARY REPORT AND ORDERING THC PIIBLIC HEARING FOR STREET IMPROVEMENT PROJECT ST. 1971-3, ADDENDUM �k1 (EAST RIVER ROAD SAFETY AND ROAD IMPROVEMENTS) MOTION by Councilman Liebl to adopt Resolution 1�231-1970. Seconded by Councilman Harris. Upon a voice vote, there Ueing no nays, Mayor Kirkham declared the motion carried, RESOLUIZON REQUESTING ADDITIONAL HOOK UPS TO NORTH SUBURBAN SANITARY SEWER DISTRICT LINE, TOTINO'S: The City Engineer explained that Totinds problem had been resolved and there will be no need for this resolution. No action is needed on this item. RESOLUTION 4k232-1970 PROVIDING FOR THE APPOINTMENT OF AN ASSISTANT CITY MANAGER AND PRESCRIBING HIS DUTIES: -� �t � � PAGE 11 Councilman Breider said that he wondered if the Council would not be creating another office within the City, and giving each department head two bosses. Councilman Harris felt the City was now large enought for an Assistant City Manager to give the City Manager assistance in certain areas and to have the powers to act on behalf of the City Manager in his absence. He said he did not feel it was creating two bosses. Councilman Breider felt the Council should not do this in the absence of a City Manager, as a new City Manager might not be in favor of this. Mr. Brunsell said that this is basically what is in the present resolution naming him Acting CLty Manager, and that he is not asking for this appointment himself. Councilman Liebl suggested this be laid over uatil we have a new City Manager Mayor Kirkham said he could not see where it created two boses, as it was �ust making an Assistant City Manager. Councilman Breider stated that he read the Resolution as creating a full time position with the power of the City Manager, with his authority. He said that the City Manager has created a personnel chart, and this is the function of the City Manager. Councilman Harris said that it was up to the Council to create positions on the basis of r �� � � _ �. REGULAR COUNCIL MEETING OF DECEMBER 21, 1970 need, The City Attorney said he did not see any legal problems with this He said perhaps they would not want to tie in the position of Finance Director as the one who is the Assistant City Manager. Councilman Harris said the name "Finance Director" could be removed from the heading, and name Mr. Brunsell by name in the resolution. PAGE 12 MDTION by Councilman Harris to delete the words, "Finance Director" from the heading of the Aesolution and adopt Resolution �'k232-1970 providing for the appointment of an Assist�nt City Manager and prescribing his duties. Seconded by Councilman Sheridan. Upon a voice vote, Kirkham, Aarris, Sheridan voting aye, Breider and Lieb1 voting nay, the motinn carried. APPOINTMENTS: FIRE DEPARTMCNT VOLUNTEERS: MOTION by Councilman Liebl to concur with the Chief of the Fire Department and appoint the following volunteer firefighters to the Fire Department; Gary Thompson Durl Smith 260 Rice Creek Terrace 7525 University Ave, N.E. Fridley, Minnesota Fridley� Minnesota Appointments to be as of January 1, 1971. Seconded by Councilman Harris. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. CLAIMS, MOTION By Councilman Harris to approve for payment General Claims y'�23808 through �k23959 and Liquor CLaims ��5086 through ��5124. Seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. LICENSES: MOTION by Councilman Harris to approve the following license applications; SIGN ERECTOR Lawrence Signs Inc. 945 Pierce Butler Route St. Paul, Minnesota Meyers Sign Service, Inc. 6416 Highway #7 Minneapolis, Minneeota Nordquist Sign Company 312 Lake Street West Minneapolis, Minnesota Srede Incorporated 2211 Broadway N. E. Minneapolis, Minnesota Leroy Signs, Inc. 3101 Nor�h Second Street Minneapolis, Minnesota By By Geo. Lawrence Arthur G. Meyers By: Mr. Nordquist By: By Sames Bratland LeRoy Reiter APPROVED BY Bldg. Insp. Bldg. Insp. B1dg. Insp, B1dg. Insp. Bldg. Insp. � � � , � REGULAR COIINCIL MEETING OF DECEMBER 21, 1970 SIGN ERECTOR Naegele Outdoor Adv. Co. Inc, By: Mr. E. Ohland 170D West 78th Street Minneapolis, Minnesota GENERAL CONTRACTOR Advanced Heating & Air Conditioning 7805 Beech Street N. E. MinneapolLS, Minnesota By; Maynard Edson APPROVED BY B1dg. Insp. B1dg. Insp. Seconded by Councilman Sheridan. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. HIGHLAND TAXICAB LICENSE: � �� � PAGE 13 Mr. William Bennett asked to address the Council a6out a Caxicab application. He explained that he had an arrangement with Mr. Rahles whereby Mr. Bennett would furnish equipment, cars and in return Mr Kahles would operate one car and the company and be the night dlspatcher, and pay his part of the expenses Since that time Mr. Kahles who owns the Highland Taxi Cab License has not done anything on his end of the agzeement. Mr Bennett said that the business does not seem to be profitable unless he can combine it with the company he owns, but Mr. Kahles wi11 not surrender the license. He said that he has �ust shut the company down this evening. He explained that Mr. Kahles wi11 not come to town as there is a warrant for his arrest, The Council asked Mr. Bennett what part of the business he owned. Mr. BenneCt said that he owned the equipment and Mr. Kahles owns the License. He said there are two cars in good shape which he has title to. He was asked if Mr. IZahles would have equipment to run the company if Mr. Bennett pulled his cabs out, and he said that Mr. Kahles would not have any equipment. Councilman Harris said that if Mr. Kahles cannot maintain his service, there is no ri�ason to maintain his license, but this would have to be checked ouC. The Manager of Highland Taxicab Company said they would like to shut down the Highland Taxicab Company and have an operat�.on of their own, but they cannot get Mr. Kahles to appear to give up his License. He said that they do operate the Red Cab Company out of L-he same business office and he has some equipment in the Valley Cab Company, and he is not asking the Council to cancel Mr Kahles license, but he is asking for his own license. Mr. Bennett explained that they have service contracts with serveral businesses in Fridley, and they are afraid they will lose them if they are not able to operate their cabs while a new license application is being processed, and they asked if they would be able to run the cabs until the next regulax meeting. He said he had some available under the Red Cab name. The City Attorney pointed out that the service contract for passengers was with HLghland Cab and if they pick them up in a Red Cab, there could be a problem. The City Manager said that the City wouldhave to have the cab licenses registered. The Manager of Highland Cab Company said that the insurance on the cabs is twice the amount the City requires. � Councilman Sheridan asked why they couldn't operate as Highland Cab until they have a chance to get a license for Red Cab processed, show ownership of the cabs and have them inspected. Couttcilman Harris asked Mr. Bennett if he didn't have one good Highland Cab they could pick up their customers with until the next Council MeetLng. Councilman Liebl said he would like to make sure the service contract is honored because there is an obligation to the people from the different companies that use this cab company. a,� � `� �J MINUTES OF THE REGULAR COUNCIL MEETING, DECEMBER 21, 1970 There was a discussion about having the name of the cab companies painted on the doors of the cab so a person would know what cab company he is dealing with. Mr. Bennett was told that this would only be a temporary solution, and there is two weeks before this meeting and the next regular Council meeting which should be enough time for them to get all their papers in, and then this should appear on the Council Agenda of .Tanuary 4, 1971. ESTIMATES• MOTION by Councilman Harris to approve payment of the following estimates as submitted; Harvey peterson Company 151 G1en Creek Road Minneapolis, Minn. 55432 Appraisal for Water and Sewer Pro�ect �k93 Consolidated Container Copr. Dunkley Surfacing Company 3756 Gra� Avenue N. E. Minneapolis, Minnesota PARTIAL Estimate No. 4, Street Improvement Pro�ect sT. 1970-4 PARTIAL Estimate No. 1, Sanitary Sewer and Storm Sewer Improvement Pro�ect No. 100 Berglund-Johnson, Inc. Excelsior Minnesota 55331 PARTIAL Estimate No. 6, Water Improvement Pro�ect No. 95, Schedule B COMSTOCK & DAVIS, INC. Consulting EngLneers 1446 County Road "7" Minneapolis, Minnesota 55432 PARTIAL Estimate Nq. l, Sanitary Sewer and Storm Sewer Improvement Pro�ect No. 100 from November 2, 1970 through November 28, 1970 PARTIAL Estimate No. 7, Water Improvement Pro�ect 95, Schedule B from NovemUer 2, through November 28, 1970 PART7AL Cstimate No. 14, Water Improvement Pro�ect No. 94 from November 2, through November 28, 1970 PAGE 14 $ 150.00 Seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. , 12,534.43 34,000.20 ' 33,786.00 1,051.07 1,598.89 26,40 � � MINUTES OF THE REGULAR COUNCIL MEETING, DECENSBER 21, 1970 AUTHORIZATION OF ADVERTISEMENT FOR BIDS - ELECTRONIC ACCOUNTING MACHINE: � ! '3 _ 'i�i; PAGE 15 It was pointed out to the Council that items over $5�0 have to go out on bids, unless rt is an emergency, and then the Council can pass an Emergency Ordinance. The Council discussed the specifications and decided the 3id Notice should ca11 for a 1969 model machine or newer. MOTTON by Councilman Breider to authorize the advertisement for bids for an electronic accounting machine specLfying a machine 1969 model ox newer. Seconded by Councilman Sheridan, Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. AUTHORIZING HOLIDAYS FOR EMPLOYEES STARTING AT NOON, DECENiBER 24, 1970 AND NOON, DECEMBER 31, 1970: MOTTON by Councilman Harris to authorize a half day off for City employees on December 24, 1970, and a half day off on December 31, 1970. Seconded by Councilman Lieb1. IIpon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. CERTIFICATE OF APPRECIATION - DAVID I,ARSON, NSSSD: Councilman Harris suggested that the City Council authorize a Certificate of Appreciation for David Larson, Chairman of the NSSSD Board of Directoxs, for the untold hours of work he has put in. Councilman Harris said that � all the member communities are benefiting from the work he has done, and that he has been meeCing about twice a week with the Metropolitan Sewer Board. Councilman Harris requested that this be on the agenda of January 4, 1970, and that Mr. Larsen be requested to attend the Council MeetLng to receive the award. The Councal agreed wholeheartedly with the suggestion. � ORGANIZATIONAL MEETING FOR 1971; Councilman Harris suggested the Council set the date for the organizaCional meeting, so thaC it can be held prior to the fixst Regular Meeting Zn January. The Council discussed a date, and it was decided that the mneting is eo be held at 7:30 P. M., Monday, December 28b 1970. ADJOURNMENT• There being no further business, Mayor Kirkham decLared the Regular CouncLl Meeting of December 21, 1970 ad�ourned at 11•30 P. M. Respectfully submitted, ��!`�!`!.4_c��4,".16v i��/i7�—i-� � Mary Lu °Strom Acting Secretary to the Council Jack 0. Kirkam Mayor