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09/09/1974 - 00015706ri � ) THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF SEPTEM6ER 9, 1974 The meeting was called to order at 7.35 P.M. by Counc�lman Breider, acting chairman. PLEDGE OF ALLEGIANCE: � Gounc�lman Breider led the Council and the audience rn say�ng the Pledge of Allegiance to the Flag. ROLL CALL Present: Counci1men Starwalt, Utter, Nee, Breider. Absent: Mayor Liebl CERTIFICATE OF APPRECIATION: PAT CARIOLANO, BUILDING STANDARDS DESIGN CONTROL SU BCOMP4ITT EE : Mrs. Car�olano was not able to be present at the meeting. Councilman Breider asked that the administration mail the Certiftcate of Appreciation to Mrs. Car�olano. APPROVAL OF MINUTES: REGULAR COUNCIL MEETING OF AUGUST 19, 1974 M�TIOW by Councilman Utter to adopt the minutes of the Regular Meeting of the Fridley City Council of August 19, 1974, as submitted if there are no addit�ons or corr•ections Seconded by Councilman Nee. Upon a voice vote, all voting aye, Councilman Breider declared the motion carried. N�UPTION OF AGENDA: Councilman Utter said he would like to add the estimate that had been submitted to the members of the Council from the City Attorney for Progressive Contractors, Inc. in settlement of a claim. � Councilman Nee said he would ltke to discuss possible legal options or action agarnst the railroad for 6locking traffic at the M�ssissippi Street crossin9. MOTION by Councilman Utter to adopt the agenda with the aforementioned additions. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Councilman 6reider declared the motion carried. VISITORS: Councilman Bre�der asked if anyone wished to address the Council during the visitor's section and there was no response. PUBLIC HEARINGS: C HEARING OIV A VACATION REQUEST, SAl! #74-03, BY JAMES LUN�. OF AN EASEMENT MOTION 6y Councilman Utter to waive the read�ng of the public hearing notice and open the public hearing. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Councilman Breider declared the motion carried unanimously, and the public hearing opened at 7:42 P.M. The'Public Wnrks Dire�ctor pointe� out the area in question to the members of the Counci1 on the map on the screen. He explained that the origtnal plan for the plat called for � the easement for street improvement, but the plan that had been adopted with another street plan which would be equal or 6etter than the or�glnal plan_ He said he did not believe there would be any problems in the vacation Uf the easement. Councilman Breider asked if there was any opposition to the vacation of the 50 foot easement and there was no response. M�TION by Councilman Nee to close the Public Hearing. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Councilman Breider declared the motion carried, and the Public Hearing closed at 8:44 P. M. �� REGULAR COUfJCI�L MEETING OF SEPTEMBER 9, 1974 IC HEARING ON AN aRDINANCE AMENDING PasE z RECEIVING THE MINUTES OF THE CHARTER COMMISSION MEETING OF AUGUST 29, 1974: The City Manager, Nas�m Qureshi, addressed the Council and explained that the Charter Commission had been organtzed about a year ago to study the City Charter and come up with any su99ested changes in the City Charter. He sa�d at the present time the recommendations had been made and if the Council would agree to the changes, they would be incorporated �n the Charter by ordinance. Councilman Breider asked the City Manager to go over the highlights of the recommended changes in the C�ty Charter. The City Manager briefly explained the various recommenda- tions to the Counc�l and audience. Councilman Nee questioned the recommended wording in Section 11. Chapter 5. Section 5.19, which is to read as follows if amended: "Sect�on 5.19. CIRCULATION OF PETIFIONS. Any person circulating a petition for the initiat�on of an ordinance, the initiation of charter amendments, for a referendum or the recall of an elected official, who falsely attests to any signature on the pet�t�on shall be guilty of an offense and shall be fined not less that $50." Ne asked who would be responsible for this type of prose- cution at the present time. Would this be the County Attorney? � The City Attorney advised Councilman Nee that this would be a misdemeanor which would be enforced by the City Prosecutor in the County Court. He added, in general it was currently no offense to falsify any affidavit, there were currently no provisions in the City Ordinances. He said now, the offender would be prosecuted under the State Laws. Councilman Nee questioned Section 10 Chapter 5 Section 5.08. INITIATIVE BALLOTS, which would amend this section with the addition, "having at least 55% of the votes cast on the quest�on shall prevail to the extent of the inconsistency " He stated if either of the ordinances put to the voter did not have the 55% of the votes cast, neither would pass. The City Attorney said th�s is his interpretation of the section. Mr. Dennis Schneider, 6190 Stinson Boulevard, asked the Council how the 55% of votes cast on a conflicting ballot ordinance would help the City, Councilman Breider said a 55% vote would have to be cast for the ordinance which would pass if there were two conflicting ordinances presented to the people. Councilman Breider added he could not envision what the two conflicting ordinances might be. The City Attorney said he did not think the City has or has had any two conflicting ordinances to h�s knowledge Mrs. Helen Truenfels, 5248 Horizon �r�ve, addressed the Council and questioned if the people present at the public hearing fee] there are changes needed in the Charter or recommendations, would this have any bearin9 on the recommendations from the Charter Comm�ssion. She specifically questioned if the Charter Commission recommendations could change. Councilman Breider explained that the Charter Corrnm ssion had made recommendations to the Counc�l and if the Council would concur with the recommendations, the ordinance would be adopted without 9oing to the voters. He said if there is a conflict, the chan9es would be submitted to the voters. The City Attorney advised the audience that the only way the changes could be approved would be if they were recommended by the Charter Commission and concurred with by the Council. He said there would be two alternat�ves, the section in conflict could be deleted and the remainder of the recommendations passed. He said the second alternative would be to send the recommendations back to the Charter Commission and see if they agree with the suggest�ons. He advised the Council that both bodies would have to agree to pass the ordinance witYiout goingita the voters. Mrs. Truenfels asked if the people wanted a change, could that change go back to the Charter Commission. Councilman Utter said if there was something the people could not accept, this could be done. �rs, Truenfels said now that this had been answered, she would make her recommendations for changes in the recommendations. She explained she would suggest a change in the port�on of the Charter wh�ch dealt with the filling of vacancies on the Council. She commented that she had asked many people in the City of Fridley about their opinion on the current method of appointment in the case of vacanc�es. She added that she had talked to 200 to 300 people concerning this question. She pointed out that only two people concurred with the current method of Council 1 � 7'1 REGULAR COUIVCIL MEETING OF SEPTEMBER 9, 1974 PAGE 3 appo�ntment to the vacancies. With the current s�tuation w7th the appointed President and Vice President, people feel a strong need to appoint the�r officials themselves through the elective process. She said the people feel that there should be a special election, and she had po�nted out to those she had ta7ked to that the cost to the City for such a special election could range from �3,000 to $10,000 Mrs. Truenfels went on to the second recommendation for change stating this item was a bit more personal. She referred to the section which proh�bits a person who ,circulates or signs a petition from serv�ng as an election judge. She said there are some problems with this type of action. Continuing, she explained that those people who are active in party work are those involved and the party asks them to serve as election ,7udges at the polls. She said if the Charter would read that no one who circulates or signs a petition would not be allowed to serve, this would cut out a great number of the people in the City of Fridley Councilman Breider commented that the change in the Charter would be directed to the Comm�ttee who sponsored the petita�on, not the c�rculators or signers of the p�titions. Mrs. Shirley Caldwell, 5874 Hackmann Avenue, said she thought there was some confusion. She felt if there were more restrrct�ons on election judges the City would lose many competent election ,7udges. She said at the present time the restrictions are that they cannot be related to a candidate or another election ,7udge �n the precinct. She said she would not want this to be any more complicated. Mr. Ole B�erkesett, 100 N. E. 632 Way, Co-Chairman of the Charter Commission addressed the Council and said he was sure that he was speaking for the Charter Commission and understood protecting representat�ve government. He said the Charter Commission had done what was necessary and had made it as clear as poss�ble. He said it was not the �ntent�on of the Charter Commission to restrict anything or anybody. He stated that adequate publicat�on was made concerning the meet�ngs of the Charter Commission and also the appo�ntment of the possible members of the Charter Commission He said notification of the meettngs was made and anyone who wanted to appear and voice their opinion was given the opportuntty to do so. He said there was a specif�c m ght where �the Commission had met with the Council and another when they had met with the admini- stration. He said there was also an evening where anyone who wanted to see a change could have appeared. He stated the Commission had done many hours of work on the recommendations and all of the members had done their homework. He further explained that they had reviewed what the City had before and developed what they felt was the hest they could. He commented they had done their �ob to the 6est of thelr a6illty. Councilman Nee questioned Mr. B�erkesett concerning the 55% of the votes to pass conflicttng ordinances. Mr. B�erkesett sald th�s would be lf there were two confllcting ordinances on the books at the same time. He used as an example that if one read the speed limtt should be 15 miles per hour and another read that it should be 20 m�les per hour. He said tf there was a conflict in a masor provision, the Charter Commission felt that the ordinance that should prevail should be passed by a 55% simple ma,7ority. He said in this case there would be no confusion between the two. He said in most cases there would not be a conflict nor would they be this close, but in one out of ten, there may be a confltct. Councilman Nee asked if the present Charter would allow the one that ,7ust rece�ved the larger number of votes to prevail and Mr. B,7erkesett said yes. Mr. B,7erkesett satd there could also be the case where there is more than two ordinances presented and the highest number of votes could be in the area of 35% and at present thts ordinance would pass. Now, he repeated, the higher percentage would pass. He commented the Charter Commission felt that this should be a higher ma,7ority and this was the consensus of the ma,7ority of the members of the Charter Commission. He said he personally felt this made sense. � Mr. Kenneth Sporre, 301 Ironton Street, addressed the Council and recalled the question of the appointment of a counc�lman when there is a vacancy �n the office. He made the following suggestion for a recommended amendment: "A Special Election should be held not less than 45 days nor more than 60 days from the time such vacancy is declared. The w�nner of sa�d election shall be qualified to take office immed�ately upon certifi- cation of the Board of Canvass to fill the unexpired term." Mr. Sporre said he would rather the Charter read tn this manner than the recommendation made by the Charter Commission. Mr. Sporre asked if there was some way the Charter Commission can take action on this recommendation to the Council, or otherwise, there are ways this action is going to be taken to get the proviston changed. �s RtGULAR COUNCIL MEETIIVG OF SEPTEMBER 9, 1974 PAGE 4 Councilman Breider sa�d there are two alternatives, one, to send the recommendation back to the Charter Commission for their reconsideration, and secondly, if there is d�sagreement, place the question on the ballot. The City Attorney sa�d there is also a third alternative, to leave the Charter the way it is. Although, this is unl�kely, he added. Mr. Sporre asked what does it take to get this on the ballot, act or petition? The City Attorney said he did not fully understand the question. Mr. Sporre responded, if the Charter Commission does not take action on the recommendation, could the � Counc�l take action. The C�ty Attorney said the changes would not be incorporated in the Charter by ordinance without a recommendation from the Charter Commission and Cauncil approval. He further adv�sed that the Council cannot take action without the recommendation; the Council cannot do this unilaterally. Mr. Sporre said if the Charter Commission feels they do not approve of this recommendation and do not take action to recommend this to the Council, could the pet�tion be submitted to the Council and appear on the ballot in November. The F�nance Uirector responded that as a practica] matter this would be very difficult because of the time lim�t involved. He questioned if the necessary time limits would allow the t�me neeaed for the pr�nting to be done, etc. He said if done expediently, this could be done, if needed. The City Manager said the schedule had been prepared to allow the Council to take action on the recommendation next Monday, Septem6er 16, 1974. He said this would allow the matter to be put on the ballot if there is not agreement. Mr. Schnea�der asked how many of the members of the Council would have to agree with the recommendations. The C�ty Attorney said this must be a unanimous vote on the part of the Council favoring the proposed recommendations. Mr Sporre said tne petition that is being circulated proposing this suggested Charter change would 6e submitted the coming Friday, September 13, 1974, and this �s why he had brought th�s up at the present meeting. He said the City would be forced to act , on this 6y requirements of the Charter. He asked if the recommendations could be forwarded to the Charter Comm�ssion. Counc�lman Breider commented that he did not know how the Counc�l would react to this question. He said there would be no action taken on this matter at the aurrent meeting as the pol�cy of the Counc�l has been to hold the public hearing and have some time to digest the input at the publ�c hearing. He said the action would be taken the following Wonday eve m n9. The Ciiy Attiorney said it would be possible for the Charter Commission to have a special meeting. He further advised that if the ma�ority of the Charter Commission members a9ree on the recommendation, they could submit the recommendation to the Council, as some of the recommendations had been submitted at the present time. The City Manager asked if add�tional amendments are recommended, would there be a need for an additiona] pub]�c hearing and publ�cation of new notices to the public. The C�ty Attorney said he did not feel this would be necessary, the publ�c hear�n9 could be continued unttl the next meeting. The Ctty Manager again asked if there would have to be another publ�cation in the paper with the requ�red num6er of days notice The City Attorney said no, he d�d not think so, not when there had been publicat�on of the hear�ng and the hearing would be continued. Councilman Utter read from the minutes of the Charter Commission that their last yearly meet�ng would 6e on November 19, he asked if there would have to 6e some formal noti- ficat�on to the Commission concerning the requested spec�al meeting. Councilman Breider said as a practical matter, some of the members are present and they are being notified. Councilman Bre�der suggested the administration send the minutes of the current public � hearing to the Chairman and members of the Charter Commission for their reviews. Councilman Nee directed the Council's attention to the portion of the recommendations which changes the name of publ�c utilit�es to franchisee. He said he did not feel th�s change is necessary and wanted to know if there was some problem in this current wording. A Charter Comm�ssion member addressed the Council and explained in some cases there is more than one company that cou]d provide the same service to the City. He said more than ,7ust Northern States Power Company may provide electr�c servtce to the City and more than one company may prov�de Cable Television. Counc�lman Nee said he thought that Franchisee was a different kind of word, and this could mean a franchised chicken shop. The City Attorney said some may not be a public utility and some may not be a franchisee. He stated he had no quarrel w�th the wording public utility and he had no 'f��3 REGULAR COUNCIL MEETING OF SEPTEMBER 9, 1974 PAG E 5 quarrel with the word franchisee, as long as the definition was in the scope of what they are talking ahout Councilman Starwalt quest�oned why this information had not been brought to the attention of the Charter Commission at an earlier date than the last minute. Mr. Sporre explained that he is often out of town and had not know what the recommendations were until they were printed in the public notices. � Mr. Dean Caldwell, 5874 Hackmann Avenue, asked if it is too late to su6mit a recommenda- tion. He questioned the purpose of the public hearing and said he would like to have this squared away. Counc�l'man Breider said the�Council �vas there to hear what people had to say. He said this has brought about more dilemma because of what had been suggested at the publ�c hearing by the people. Councilman Brelder said the Council had submitted suggestions to the Charter Commiss�on and they had not implemented all of his suggestions. He said he would be surprised if they would implement all of the people's suggestions either. He stated, the Public Hearing does mean something Mr. Caldwell vo�ced concern over the statement in the recommendations that the fine would be $50 if someone falsely testified to a signature. He s�id this type of statement would make people think twice about circula+ing a petition. The City Attorney advTSed the Council that the ctrculator is only attesting to the fact that the person had signed the petition �n their presence. Mrs. Caldwell asked the pu�pose of the new law. She asked if there was a law on the State books, why would this be necessary The City Attorney answered that the laws are not identical to his recollection. He said he did not know if this would be a misdemeanor or a gross m�sdemeanor. He said the fine would not be more than $300 and not more than 90 days. He said the recommendation says th�s would not he more than $50, and the wording is somewhat different. Mrs. Caldwell asked why it would be good for the welfare of the City of Fridley. Council- man Breider answer he thought it would be much easier to determine his responsibilities in circulating apetition in one document than researching the State Statutes. He said it would be clearer to find the liabilities as a circulator of a petition. � Mr. B,7erkesett recalled when the Cable Television petition had 6een circulated, some of the signatures sol�cited had been falsely sworn to as signatures He said if people are ignorant of the law, this does not make them innocent of violating the law. He said in this case it would make the people aware of the law and this is the purpose of this provision and this would be lower than a misdemeanor. He said this would insure that the people who are circulat�ng the petition would be informed of the law. Mr. Dennis Schne�der asked what falsely attested meant. He asked what would be the situation ff someone would see a person sign a name and the name was false. The City Attorney said he would have to do a little research to answer the quest�on Mr Sporre further questioned what if the s�9ner said he ts a reglstered voter and he is not. The City Attorney satd the City Clerk would have to do a little research to answer the question. Mr Sporre further questioned what if the signer said he is a registered voter and he is not. The City Attorney sa�d the City Clerk would have to check the signatures and if he is not registered the signature would not count. Councilman Utter asked how this would work if a husband would sign for a wife. The City Attorney said under the present charter if a man named Joe 6oe signed a petition and his name was really John Smith, there would be no violation. He stated the circulator is not attesting to the fact that this is the genuine signature of the person, he is attesting to what he proports to 6e Councilman Nee said he had a certain amount of experience with these things, and after four or five, the sponsor�ng committee does instruct the people ctrculat�ng so they do not go astray. He recalled he had obtained a spouse's signature at one time that he � felt would be a valid signature. He went on to explain the man was suffering from ahthritis and was not able to sign the form and asked his wife in Councilman Nee's presence to sign the form for him. He said there was also a case where a husband and wife circulated a petition together and this would not be valid. Mr. B,7erkesett said the City should prepare an instruction sheet which should be g�ven to each circulator of petitions. He said the instruction could be drawn up according to the Charter 6y the City Attorney. MOTION by Counc�lman Nee to continue the Public Hearing. Seconded by Councilman Utter. Upon a voice vote, all vo�ing aye, Councilman Breider declared the motion carried unam mously and continued the public hearing at 9:18 �.M. u r� REGULAR �OUNCIL MEETING OF SEPTEMBER 9, 1974 PAGE 6 MOTION by Councilman Utter to rece�ve the minutes of the Charter Commission Meeting of August 29, 1974. Seconded by Counci7man Starwalt. Upon a voice vote, all voting aye, Councilman Breider declared the mot�on carried unanamously. Councilman Utter asked the C�ty Manager to contact the members of the Charter Commission so they may look into the items discussed at the Public Hear�ng. He asked �f this matter could be taken care of by the following Monday evening. Counc�lman Breider d�rected the City Manager to send the m�nutes of the current , Public Hearing to the members of the Charter Commiss�on and suggest that they be called back to order for a special meeting on the recommendations. PUBLIC HEARING ON BUDGET FOR 1975: Councilman Breider called on the City Manager to make a presentation concerning the budget proposal. The City Manager outlined the proposal saying it is $200,000 below the maximum allowable mill levy limitation. The proposed budget versus the budget with the programs in operation in 1974 is 9.8% higher than 1974. He continued, with the additional programs one of which is the tree disease program and the nature interpretive program the budget is 12.3% higher than 1974. He added, there are no additional personnel provided. The City Manager explained that there had been a number of ineetings with the various department heads and after mutally reducing the request this amounted to a reductton of $372,466. He said the original request within the general fund was $3,256,414 and had been reduced to $2,833,948. The City Manager advised the Councii that the miTl levy requirements had to be submitted to the County by October 9, and this would be four weeks. Councilman Breider suggested the Counci] have a meeting on a Saturday which would be an open meeting to discuss the budget. Councilman Breider suggested Saturday, September 21.� in the afternoon. Councilman Utter suggested they set up three tentative times. Councilman Nee said the people should be notified about the meeting and he questioned if the date could be set at the current meeting. Counciiman Utter said wiEh ihe absence of Mayor Lieb1, the other members of the Council would not be able to speak for him on this proposed meeting date. The Finance Director advised the Counci] that the Public Hearing should be continued rather than closed. The City Manager suggested the Public Hearing be continued until the coming Monday evening when the fu71 Council would 6e present to set the meettng date. MOTION by Councilman Utter to continue the Public Hearing on the budget for 1975 until Monday, September 16, 1974. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Councilman Breider declared the motion carried unanimously and the Public Hearing was cont�nued and concluded at 9:31 P.M. Councilman Nee advised those present who would like to attend the Public Hearing on the budget at the special meeting to call City Hall on t�ee following Tuesday, September 17th to obtain notiflcation concerning the meeting. OLD BUSINESS: ORDINANCE #569- AMENDING CHAPTER 104 OF THE FRIDLEY CITY CODE ENTITLED TREE DISEASES: � The City Manager pointed out that at the previous meeting of the Council, there were three concerns expressed about the proposed ordinance on first reading. He mentioned those concerns to be the section on boulevard trees which had been added on page 4-C. The City Manager read the portion which would be amended at this meeting if the Council concurred with the amendment. He stated the second Council concern to be that the funding of the payment of the assessments would have had to have been paid in the period of one year and this portton had 6een amended to make it possible to pay the assessment over a five year period. The City Manager continued to list the third concern which dealt with the administrative charge to the property owners. He stated this had been discussed in light of the possible difference in payment in percentage of the effected trees and had been amended by the administration to state a flat fee of $25, He also stated the section had given the Forester broad powers had been deleted. R1 REGULAR COUNCIL MEETING OF SEPTEMBER 9, 1974 PAGE 7 MOTION by Councilman Nee to adopt the Ordinance as amended, waiving the second reading and ordering publication of the ordinance. Seconded by Councilman Starwa7t. Upon a roll call vote, Councilman U�ter, Councilman Nee, Councilman Breider, and Councilman Starwalt voting aye, Councilman Breider dec7ared the motion carried unanimously. NEW BUSINESS: �CONSIDERATION OF OF FIRST CITY OF FRIDLEY, 0 REZON Councilman Breider explained that this ordinance was requested as a correctional measure by the State. MOTIQN by Gouncilman Nee to waive the first reading of the ordinance and adopt the first reading. Seconded by Councilman Starwalt. �pon a rol] call vote, Councilman Nee, Councilman Breider, Councilman Starwalt, and Gouncilman Utter voting aye, Councilman Breider declared the motion carried. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF AUGUST 21, 1974: Councilman Breider called on the Public Works Director to exp7ain the matter to the Council. The Pu61�c Works Director, Mr. Richard Sobiech, sa�d the Planning Commission had recommended approval of the request noting there should be a 20 foot utility easement provided either on �he west or east portion of the 1ots to furnish the lots with utilities from 69th Avenue. He said the property owner had requested � that thts easement be on the east side to avoid the trees on the west side of the property. Councilman 5tarwait asked the Public Works Director if there was any preference to the lcoation of the easement from the engineering standpoint. The Public Works Director said there is no preference. The City Manager recalled that sometime in the past the City had studied this area and the plan at that time was to provide right of way on the south side of the properties in this area for access to the back of the lots. He further explained that all of the lots in this area are of double size and could be split in the future and there would be a need for access to the souther7y ]ots if they are split. Mr. Blaine Edmundson addressed the Council and said he represented the app]icant Mrs. Ruby M. Anderson. Mr. Edmundson said from the discussion of previous years, concerning the spl�tting of the property on 69th Avenue, it had been determined that this would not be feasible because the present homes are set back so far. He further commented that the concensus of the area people is that they would never want �o sp7it the lots. Mr. Edmundson said the applicant would rather see the easement for the utilities on the east side of the lots because there is an existing utility pole in this area and there are many mature trees on �he west side. Councilman Starwalt asked if there was a hope of developing the property soon. � Mr. Edmundson said the property owner had had a purchase agreement with the buyer since June and would like to have this matter settled. He said he did noi believe if the lots were split that the property would be developed unti7 the spring. Councilman Breider said he believed that this would be a bad place to gain access to Central Avenue because of the traffic in the area. Councilman Starwalt said he thought the people of the area may change the�r minds concerning the splitting of the lots in the area and he would not like to take action that would box these people in in this case. The City Attorney asked if it would be feasible to gain a� ess to the southerly portion of these lots. He asked if the access could be from the east side where there is a street rather than onto Old Central. 8� REGULAR COUNCIL MEETING OF SEPTEMBER 9, 1974 Councilman �tter said this would be from Sievert Lane. PAGE 8 The City Manager said his recommendation would be that the Counci7 go ahead and approve the lot split unless Councilman Starwalt would want additional information. Councilman Starwalt asked �f it would be possib]e to instal7a cul-de-sac on the easterly portion of these lots and gain access from Sievert Lane. The Public Works � Director sa�d access from S�evert Lane would a77ow for the installation of a cul-de- sac in this area rather than directing the stree� to Old Central where the traffic is difficuli. MOTTON by Counci7man Starwalt to approve the lot sp7it with the stipulation that a utility easement 20 feet in widih be provided on the east side of the 7ots and stipulating that a turn around be provided for these properties when developed so there would not be any backing onto Old Central hy the future property owners. Seconded by Councilman Nee Upon a voice vote, all voting aye, Councilman Breider declared the motion carried unanimously. �ACATION REOUEST. SAV #74-03. BY JAMES LUND: VACATE THE WESTERLY 50 FEET FOR PUBLIC N0. 129, LOCATED IN THE 150D BLOCK BETWEEN 73RD AVENUE NORTHEAST AND ONONDAGA STREET A�dD REPLATTED AS �IM LUN� ESTATES: The Public Works D�rector explained that this easement would have been necessary for the original plan for the permanent streets in the area, but this was no longer required because there was a new street plan which is a better plan. He stated this easement would not be needed The City Manager said there would be no action needed on this matter at the present meeting since the CounciT had the public hearing at this meeting and the action would be taken the following Monday evening, , Counc�lman Nee referred to the minutes of the Planning Commiss�on Meeting neferring to some action on kennels in the City. He exp7ained that there should be some defin�tion �n the Code He stated currently the code defines a kennel and they ignore it. He said there is a situation in his ward where dogs are being raised and the yard is full of them and there should be some provisions for the neighbors of thts property. The City Manager said th�s feeling should be passed onto the Planning Commission. The City Manager referred the Council's attention to item num6er five where a suggestion �s made for a joint meeting of the Plannin9 Commission and the City Council. The Council discussed various times and meeting dates that would make it poss�ble for everyone to be in attendance. Councilman Utter finally suggested the meeting 6e set for Tuesday, 5eptember 17, and the Council concensus was to ask the Planning Commtssion �f this would be feas�ble. MOTION by Councilman Utter to receive the minutes of the Planning Commission meeting of August 21, 1974. Seconded by Councilman Starwalt. Upon a voice vote, all vot�ng aye, Councilman Breider declared the motion carried. RECEIUING THE MINUTES OF THE BUILDING STANDARDS - The Public Works Director advised the Council that this item had been tabled by the Subcammittee until the September 12th meeting. MOTION by Councilman Utter to rece�ve the minu �s of the Building Standards- Design Control Su6committee of August 22, 1974. Seconded by Councilman Starwalt Upon a voice vote, all voting aye, Counc�lman Breider declared the motion carr�ed. � � � � REGULAR COUNCIL MEETING OF SEPTEMBER 9, 1974 RECEIVING THE MINUTES OF THE BOAR� OF APPEALS MEETING OF AUGUST 27, 1974: A REOUEST FDR VARIANCES �F: },� PAGE 9 NANCE, T� INCREASE The Pu61ic Works Director explained that the Board of Appeals was concerned about the message center portion of the sign and the 6linking type of lights. He added, th�s may cause a traffic problem in this area. Mr. Sobiech said the Board had recommended denial of the request to increase the square footage of the sign from 100 square feet to 200 square feet based on the message center, 6ut recommended approval of the portion of the request for the increase in height of the sign from 25 feet to 40 feet. Mr. Sobiech said this would he an additional four feet over the sign that is currently standing. Mr. Leon Ryan, Attorney from St. Paul, addressed the Council and said he was representing Menard's Lumber. Mr. Ryan presented a colored drawing of the proposed s�gn to the Council and stated he be7ieved the proposed sign to be more attractive than the sign from the previous business on the premisis. He explained that the Spartan store had been empty for some yeats and they planned to occupy th�s area. Mr. Ryan continued to explain that the Menards's Lumber people p7anned to begin business at the location on November 1, 1974. He further explained th� the s�gn had been contracted to be installed on September 15th, Mr. Ryan pointed out ta the Counci] that the proposed sign is not a blinking sign, it is a changing sign. He said the applicant had gone before the Board of Appeals with three requests and the first,allowing the height from 25 feet to 40 feet, did not seem to be a problem. He said this proposed sign would use the same standards as the old Spartan sign. He said another request was that the sign be increased from 100 square feet to 200 square feet and this had been recommended to be denied because of the concern about the illuminated sign. He said the reason thts had been brought before the Counci] was because when the current ordinance was taken from the State ordinances, this type of sign was not developed and therefore would not apply to the ordin�nces. He continued with the background information and history of this type of sign. Mr. Ralph Carpenter, District Sales Manager for American Sign Indicator Corporation, addressed the Council and said the size requirement had been changed to 35.6 feet or the same height as the existing sign. He passed out samples of the type of message that would be placed on the proposed sign and gave examp7es of this type of inessage on a console display. Mr. Carpenter proceeded to show a fi7m presentation to the Council. Councilman Utter said there are traffic problems in this area and especially around 4:00 P.M. and 5:00 P.M., there is a considerable amount of traffic in this area. Mr. Ryan said the same type of sign is being used on Highway #494 by North Central Airlines. He added this would be by Thunderbird Motel north of the highway. Counci7man Utter said there are no stop signs in this area on the south side of town. He tndicated it would be possib7e for the people on Central Avenue to be looking at the message center and have the stop sign change and cause an accident. Councilman Utter asked how the Highway Department felt about this proposal. Councilman Starwalt asked the representatives present how they would feel about approval of the sign if the message would not be changed more than one time a day. He asked what their clients position would be in this case. Mr. Ryan said he did not believe Menards's would buy the s�gn if this was to be stipulated. The City Manager said if the Counci7 would like to further consider this maiter, th�s would be possible, this should not be done lightly. He said in traveling through the area suburbs, there are no signs visible from the highway going through Brooklyn Center and Fridley has a substantial amount of signs. He said he would noi ob�ect to a message if this message would stay the same and noi change. He said this would have a great impact and this should be studied. , � �� REGULAR COUNCIL MEETING OF SEPTEMBER 9, 1974 PAGE 10 The City Manager said there should be more study on this matter before a decision is made. He said it would be possible to approve the top portion of the sign and not the message center portion of the sign, He stated 80,OOD vehicles go through this area. Mr. Ryan asked if it would be meaningful for the Council to receive letters from the various communities stating the signs such as this have noi caused any hazards in their areas. Councilman Utter said he did not think any other area could compare with this in that this area has severe traffic problems. Mr. Ryan said the Company has picked this parcel of property because of the amount of traffic in the area. Councilman Starwalt said if the sign would not change, he could live with the sign. He commented that if the appl7cant would feel that the whole sign be approved including the message center, he would have to disapprove. Mr. Ryan said th�s product was not on the market when the ordinance was drawn. The City Manager said this type of sign was in existance when Fridley adopted their ordinance. Councilman Utter asked if the top portion of the sign would be within the City Code. He asked if the height wou7d be the only problem. The Public Works Director said the only problem would be in the height of the sign, it is over the 25 feet maximum height. MOTION by Councilman Starwalt to approve the sign for 36 feet or the requested 35 feet eight inches, but with no flas}ing message center, the message would be solid and not change more than once a day and that the square footage of the sign be approved from 100 square feet to 147 square feet. Seconded by Council- man Utter. Upon a voice vote, all voting aye, Councilman Sreider declared the motton carried. MOTION by Councilman Utter to receive the minutes of the Board of Appea7s meeting August 27, 1974. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Councilman Bretder declared the motton carri�d. CONTRACT F�R NAME Peter Lametti Const. Co. Northern Contracting Co. Barbarossa & Sons, Inc. Dawson Const., Inc. C. S. McCrossan, Inc. Nodiand Associates, Inc. Kamar Inc. BASE BID $ 195,671.15 196,111.55 202,332.7q 223,013.00 234,644.40 275,798.00 383,384.00 ALTERNATE BID $ 197,671.15 198,371.55 797,730.70 228,073.00 229,644.40 270,798.00 4Q3,384.00 MOTION by Councilman Utter to receive the aforementioned bids, Seconded by Councilman Nee. Upon a voice vote, all voting aye, Councilman Breider declared the motion carried unanimously. The Public Works Dtrector advised the Counci] that the ]ow bid was received hy Peter Lametti in the base bid amount of $195,671.15 and with the addition of the lift station with an alternate bid of $197,671.75. He said he would recommend that the alternate bid in the amount of $197,671,15 be approved by the Counci7. He explained that this ]ift station, ihe Smith and Loveless, �s an additional $2,000, but he believed that the City would save money in the longrun on maintenance. Councilman Breider asked what the estimate for the project from the Engineering Department had been. The Public Works Director said $225,000.00. � , �� � � � � r� REGULAR COUNCIL MEETING OF SEPTEMBER 9, 1974 PAGE 11 MOTIDN by Councilman Utter to award the contract for Storm Sewer Improvement Pro,7ect #113 to Peter Lametti in the base bid amount of $197,671.15 wh9ch would include the Smith and Loveless Lift Statton, Seconded 6y Councilman Nee. Upon a voice vote, all voting aye, Councilman Breider declared the mot�on carried. RECESS: Councilman Breider declared a five minute recess at 11:15 F,M. I��iILPi�LI? � Councilman Breider reconvened the meeting at 71:23 P.M. The Public Works Director pointed out on page 10-C of the agenda the request by Mr. Toberman. He said this would be a temporary situation and would be until June, 1975. He said at thts t�me, there are no serious objecttons to the proposal, but he would caution the Council to approve the request subject to the area being kept neat and orderly, and that the ground be leveled, and after this temporary use, that the area he cleaned up. MOTIQN by Councilman Starwalt to approve the request to temporarily store twelve mobile homes on the Viking Chevrolet property until ,lune 1975 w�th the stipulations that the area be kept clean and orderly and free of debris, and that the ground be ]eveled 7n this area, and also that clean up take place after this time period. Seconded 6y Councilman Nee. Upon a voice vote, all 4^oting aye, Counci7man Breider declared the motion carr�ed una m mously. CONSIDERATION OF SUPPLIMENTAL AGREEMENT #1 e Councilman Breider questioned why this work was not done at the present tzme. The Public Works Director said this had been delayed because of government red tape and he hoped that the bids would be opening in November. The City Manager cost to the City year, pointed out that this agreement called for a$35,000 reduction of He recalled the original agreement had been signed in April of last MOTION by Councilman Utter to authorize the City Manager and Mayor to sign the Supplemental Agreement #7, Agreement No. 57642, between Minnesota Highway Departrnent and the City of Fridley for the traffic control signal at the intersection of T. H. #65 and 73rd Avenue. Seconded by Counci7man Starwalt. Upon a voice vote, all vo�ing aye, Councilman Bre�der declared the motion carr�ed unanimously. RES�LUTION #89-1974 - REVOKING A PaRTION OF STATE AI� HIGHWAY #2 (43RD AVENUE): MOTION by Councilman Utter to adopt Resolut9on #89-1974 revoking a portion of State aid Highway #2 or 43rd Avenue. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Councilman Breider declared the motion carried. RESOLUTION #90-1974 - ALTERTNG THE DESIGNATTON OF STATE AI� HIGHWAY #2 (43RD AVENUE): MOTI�N by Councilman Utter to adopt Resolution #40-1974, altering the designat�on of State Aid Highway #2 or 43rd Avenue. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Counc9lman Breider declared the motion carried. RESOLUTION #91-1974 - RENAMING A PORTION DF MCKINLEY STREET N. E.: MOTION 6y Councilman Utter to adopt Resolution #91-1974 renaming a portion of McKinley Street N. E. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Councilman Breider declared the motion carried. �; {, REGULAR COUNCIL MEETING OF SEPTEMBER 9, 1975 PaGE �2 TES OF T MOTION by Councilman Utter to adopt Resolution #92-1975 ordering preliminary plans, specifications and estimates of the costs thereof: Street Improvement Pro�ect ST. 1975-1 and ST. 1975-2 {MSAS) with the addition of the Burlington Northern Street (unnamed at the current meeting). Seconded by Councilman 5tarwalt. Upon a voice vote, all voting aye, Counci7man Breider declared the motion carried unanimous7y. RESaLUTION #93-7974 - TRANSFERRING FUNDS FROM PUBLIC UTTLITY FUND TO VARIOUS WATER A D SEWER BOND FUNDS: LJ MOTION by Councilman Utter to adopt Resolution #93-1974 transferring funds from the Public Utility Fund to various water and sewer bond funds. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Councilman Breider declared the motion carried unanimously. APPOINTMENT• CITY EMPLOYEE: NAME Thomas A. Colbert 13050 Harriet Ave. S. Apt. #145 Burnsville, Mn. 55337 POSITION Assistant En9ineer SALARY $16,000 per year EFFECTIVE DATE Sept. 9, 1974 REPLACES Richard Sobiech MOTION by Councilman Nee to appoint Mr. Thomas Colbert, Assistant Engineer, effective September 9, 1974. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Councilman Bre�der declared the motion carried. CLAIMS: GENERAL 36857 - 37051 LIQUOR 9140 - 9189 MOTION by Councilman Utter to approve the claims. Seconded by Counci7man Nee. Upon a voice vote, all voting aye, Councilman Breider declared the motion carried. LICENSES: CIGARETTE Club 47 6061 University Avenue Fridley Doc's Fridley Food Market 8154 East River Rd, East River Road Spur 6485 East River Rd, EMPLOYEE DISPENSING Gregory M. Tjosvold 719 50th Avenue N. E. Minneapolis, Mn. FOOD ESTABLISHMENT East River Road Spur 6485 East River Rd. OFF SALE BEER Club 47 6061 U m versity Ave. East RSVer Road Spur 6485 East River Rd. � Alyce 5imonson G�ry C. Soliday Dan Thrall Ground Round Gary C. Soliday Alyce Simonson Dan Thrall APPROVED BY Pub7ic Safety �ir Public Safety �ir. Public Safety Dir Public Safety Dir Public Safety Dir Pu61ic Safety Dir Public Safety Dir ' FEE $12.00 12.00 12.00 5.00 '— 16,72 Pro-rated 75,00 15.00 � , � REGULAR COUNCIL MEETING OF SEPTEMBER 9, 1974 LICENSES continued: ON SALE BEER Club 47 6061 University Avenue PUBLIC �RINKING PLACE Club 47 6061 University Avenue SERVICE STATION East River Road Spur 6485 East River Rd. 'Sinclair' Pasco Retail Outlet 6290 Highway 65 TAVERN BY A7yce Simonson Alyce Simonson Dan Thrall B. D. Peterson APPROVED BY Public Safety Dir Public Safety Dir, Building Inspector Deputy Fire Ghief Building Inspector Deputy Fire Chief Club 47 Alyce Simonson Public Safety Dir. 6061 University Avenue VENDING MACHINE Columbia lce Arena The Moore Way Health Inspector 7011 University Avenue Fridley Auctions 7500 University Avenue Gold Medal Beverage Co. Health Inspector Hudson Oil Co. Coca-Cola Bottling Mtdwest Health Inspector 7315 Htghway 65 Inc. INTiNERANT FOOD PERMIT - BAKE SALE Skywood Mall Mardelle B. Pearson Health Inspector 5251 Central Avenue BLACKTOPPING Gustafson B7acktop Co. James Gustafson C. Be7isle 516 4th Street S. E. Minneapolis, Minn. GENERAL CONTRACTOR Biosvert Bd.+ilders, Inc. Ives Boisvert C. Be7isle 8027 Quincy Street N. E. Spring Lake Park, Minn. Swanson Construction Dean Swanson C. Belisle 466 83rd Avenue N. E. Minneapolis, Minn. Douglas Kiel Construction Douglas Kiel C. Belisle 8430 Laddie Road Spring Lake Park, Minn. HOUSE MOVING Ernst Machinery & Housemoving Corp. 9400 85th Avenue N. Kenneth Ernst C. Belisle Osseo, Minn. 55369 �� PAGE 13 FEE $120.00 100.00 30.00 30.00 12.00 105.00 75.00 15.00 Non-Profit 100.00 .. REGULAR COUN QL MEETING OF SEPTEMBER 9, 1974 LICENSES continued: EXCAVATING Enock T. Olsen 3055 174th Avenue N. W, Anoka, Minn. 55303 GENERAL CONTRACTOR DaVerne Corporation 1953 Serendipity G New Brighton, Minn. 55712 MASONRY Don Zebro Cement Co. 4017 Penrod Lane Minneapolis, Minn. 55421 MULTIPLE DWELLING R. J. Bauman 6046 2z St. N. E. Walter & Mary Sinner 4427 Monroe N. E. Mpls, Minn. 55421 Darold D. & Ruth E. Johnson 4216 7th St. N. E. Mpls., Minn. 55421 Albin Johnson 6824 Ewing N. Mpls., Minn. 55429 Albin Johnson See above address Paul K. LaPointe 1528 McAfee St. St. Paul, Minn. 55106 Hromadki/Ulrick Investors 1540 Quebec N. Golden Ualley, Minn. 55427 Floyd C. Bradley 5861 W. Mcore Lake �rive Fridley, Minn. 55432 John H. Ouellette 5901 2'z St. N, E. Fridley, Minn. 55432 Floyd C. Bradley 5861 W. Moore Lake Drive Fridley, M�nn. 55432 Floyd C. Bradley See above address Dale F, Knott 3945 Reservoir Blvd. Minneapolis, Minn. 55421 R. J. Bauman 6046 22 St. N. E. Fridley, Minn. 55432 BY Knock Olsen David E. Ficek Don Aebro APPROVE� BY C. Belisle C. Belisle C. Belis7e ADDRESS UNITS 6061 2nd St. N. E. 4 6511 2nd St. N. E, 4 6541 2nd St. N. E, 5 5800 2 2 St. N, E 5810 2Z 5t. N. E 5820 2 Z St. N. E. 5846 22 St. N. E ''.� � '0 � 5900 22 5t. N. E. 7 5901 2� St. N. E. 4 5908 22 St. N. E, 7 5916 2z St. N. E. 7 5980 2z St. N. E. 7 60b0 22 St. N. E. 4 FEE $15,00 15,00 15.00 15.00 15.00 15.00 75.00 15.00 15.00 15.00 15.00 15.00 15.00 PAGE 14 APPROVED BY R. Aldrich Fire Prev. R. Aldrich Fire Prev. R. Aldrich Fire Prev. R. Aldrich Fire Prev. R. Aldrich Fire Prev. R. Aldrich Fire Prev. � � R. Aldrich Fire Prev. R. Aldrich Fire Prev. R. �. Aldrich Fire Prev. R. Aldrich � Fire Prev. R. A7drich Fire Prev. R. Aldrich Fire Prev. R. Aldrich Fire Prev. � � � REGULAR COUNCIL MEETING OF SEPTEMBER 9, 1974 LICENSES continued: MULTIPLE DWELLING John F. Mezzenga 3516 Skycorft Drive Minneapolis, Minn. 55418 Dua,�ne Roepke 4533 Lakeland Ave. N. Minneapolis, Minn. 55422 �avid C. Nelson 20186 Connte �rive Anoka, Minn. 55303 Richard H, & Cheryl Jo Veth Ronald E. & Pearl L. Waller 6071 3rd St. N. E. Fridley, Minn. 55432 Charles A. Lund 5320 4th St. N. E, Fridley, Minn. 55421 Terrance H. Mickley 7075 Hickory Drive Fridley, Minn. 55432 Gordon V. �orgenson 2225 Chalet Dr�ve Minneapolis, Minn. 55421 LaUerne M. Sauer 2217 40th Ave. N. E. Minneapolis, Minn. 55421 Douglas K. JohnstonJ William Bergstedt 6507 Camden Ave. N. Minneapolis, Minn. 55430 �ouglas K. Johnston/ William Bergstedt See above address Douglas K. Johnston/ William Bergstedt See above Address Douglas K. ,lohnston/ William Bergstedt See above Address Wayne Siewert 3320 48th Ave. S. Minneapolis, Minn. 55406 Irving S. Efron 3025 Salem Ave. Minneapolis, Minn. 55416 R. J. 6auman 6046 22 St, N. E. Fridley, Minn. 55432 Otto G. Westenfield, Jr. 5830 5th St. N. E. Fridley, Minn. 55432 ADDRESS 4901 3rd St. N. E 5035 3rd St. N. E 5900 3rd St. N. E 6071 3rd St. N. E. 290 61st Avenue N, E. 5320 4th St. N, E 5414 4th St. N. E 5644 4th St. N. E 5800 4th St. N. E UNITS FEE 7 15.00 7 15.00 4 15.00 3 15.00 4 75.00 4 15.00 7 15.00 4 75.00 1D50 52nd Ave, N. E. 16 1090 52nd Ave. N. E. 16 1120 52nd Ave. N. E. 16 7170 52nd Ave. N. E. 16 251 57th Place N. E 262 57th Place N. E 105 58th Ave. N, E 110 67st Ave. N. E 7 � 7 7 21.00 21.00 21.00 21.00 15.OD 15.00 15.00 15.00 �t� PAGE 15 APPROVED BY R. Aldrich Fire Prev. R. Aldrich Fire Prev. R. Aldrtch Fire Prev. R. Aldrich Fire Prev. R. Aldrich Fire Prev. R, Aldrlch Fire Prev. R. Aldrich Fire Prev. R. Aldrich Fire Prev. R. Aldrich Fire Prev. R. A7drich Fire Prev. R. Aldrich F�re Prev. R. Aldrich Fire Prev. R. Aldrich Fire Prev. R. Aldrich Fire Prev. R. Aldrich Fire Prev. R. Aldrich Fire Prev. �� �� REGULAR COUNCIL MEETING OF SEPTEMBER 9, 1974 LICENSES continued: MUTIPLE DWELLING ADDRESS UNITS M. A, Bidd7e 211 79th Way N. E. 8 4800 Cedar Lake Rd. S. Minneapolis, Minn. 55416 Donald C. & Evelyn A. Anderson 3319 Belden Drive N. E. 5960 80 Anna St, N. E. 33 Minneapolis, Minn. 55418 M. Filister 5640 East River Road 42 5750 East River Road Fridley, Minnesota 55432 M. Fi7ister 5660 East River Road 42 See above address M. Filister 5720 East River Road 42 See above address M. Filister 5740 East River Road 42 See above address M. Filister 5760 East River Road 42 See above address M. Filister 5780 East River Road 42 See above address M. Filister 5800 East River Road 42 See above address M. Filister 5820 East Rivar Road 42 See above address M. Filister 5840 East River Road 42 See above address M. Filister See above address �ernon S. Hoium 925 Dain Tower Minneapolis, Minn.55402 Victor L. Lohmann 3515 lOth Ave. S. Minneapolis, Minn. 55407 John H. Ouellette 59Q1 2z St. N. E, Fridley, M�nn. 55432 Leonard Jacobson 1408 Frankson Ave. St. Paul, Minn. 55108 Aiex Levitan 2051 Long Lake Rd. New Brighton, Minn. 55112 Alex Levitan See above address Alex Levitan See above address Alex Levitan See above address 5860 East River Road 42 5940 East River Road 12 5950 East River Road 12 6551 East River Road 11 6379 Highway 65 N. E. 8 7200 Highway 100 N. E. 18 7230 Highway 100 N. E. 18 1260 Highway lOD N. E. 18 1290 Highway 100 N. E. 78 FEE 15.00 PAGE 16 APPROVED BY R. Aldrich Fire Prev. 38.00 R. Aldrich � Fire Prev. 47.00 R. Aldrich Fire Prev. 47.00 R. Aldrich Fire Prev. 47.00 R. Aldrich Fire Prev. 47.00 R. Aldrich Fire Prev. 47.00 R. Aldrich Fire Prev. 47.00 R. Aldrich Fire Prev. 47.00 R. Aldrich � Fire Prev. 47.00 R. Aldrich Fire Prev. 47.D0 R. Aldrich Fire Prev. 47.00 R. Aldrich Fire Prev. 17.00 R. Aldrich Fire Prev. 17.00 R. Aldrich Fire Prev. 16.00 R. Aldrich Fire Prev. 15.00 R, Aldrich Fire Prev. , 23.00 R, Aldrich Fire Prev. 23.DD R. Aldrich Fire Prev. 23.00 R. Aldrich Fire Prev. 23.00 R. Aldrich Fire Prev. REGULAR COUNCIL MEETING OF SEPTEMBER 9, 1974 PAGE 17 ".� �, LICENSES CONTINUED: MULTIPLE DWELLING ADDRESS UNITS FEE APPROVED BY Lucta Lane Apartments 6670 Lucia Lane N. E. 16 21.00 R. Aldrich 633 South Concord St. Fire Prev. So. St. Paul, Minn, 55075 � Lucia Lane Apartments 6680 Lucia Lane N. E. 16 21.00 R. Aldrich See above address Fire Prev. Lucia Lane Apartments 6690 Lucia Lane N. E. 16 21.OD R, Aldrich, See above address Fire Prev. Lynde Investment Co. 910 Lynde Drive N. E. 11 16.D0 R. Aldrich 9801 Oak Ridge Trai7 Fire Prev. Hopkins, Minn. 55343 Lynde Investment Co. 950 Lynde Drive N, E. 11 16.D0 R. A7drich See above address Fire Prev. Lynde Investment Co. 990 Lunde Drive N. E. 11 16.00 R. Aldrich See above address Fire Prev. William A. Shaw, Jr. 7400 Lyric Lane N.E. 8 15.00 R. Aldrich 5368 Matterhorn �rive. N. E, Fire Prev. Fridley, Minnesota 55421 Kenneth F. Peterson & 6011 Main St. N. E. 4 15.OD R. Aldr�ch Hubert M, Nelson Fire Prev. 2441 Lyndale Ave. 5. � Minneapolis, Minn. 554D5 Kenneth F. Peterson & 6019 Main St. N. E. 4 15.00 R. Aldrich Hubert M. Nelson Fire Prev. See above address Ronald W. Shelton 140 Mississippi P�ace 4 15.00 R, Aldrich 8706 Grospoint Ave. S. Fire Prev. Cottage Grove, Minn. 55016 Innsbruck North Associates 1601 North Innsbruck 358 263.00 R. Aldrich �arrel A. Farr �evelopment Fire Prev. 2810 County Road 10 Minneapolis, Minn. 55430 A. T. Gearman 5650 Polk St, N. E. 32 37.00 R. Aldrich 6225 University Ave. N. E, Fire Prev. Fridley, Minn. 55432 Gordon J. Aspenson 6489 Riverview Terrace 4 75.00 R. Aldrich 17 Rice Creek Way Fire Prev. Fridley, Minnesota 55432 Donald E, Keefe 201 Satellite Lane N. E. 11 16.00 R. Aldrich 2425 Brookridge Ave. Fire Prev. ' Minneapolis, Minn. 55422 Wlater Miskiw 22] Satellite Lane N. E. 11 16.00 R. Aldrich 221 Satellite Lane N.E. Fire Prev. Fridley, Mtnnesota 55432 Michael C. Gresser 6111 Star Lane N. E. 18 23.00 R. Aldrich 209 Krestwood Drive Fire Prev. Burnsville, Minn. 55337 MOTION by Councilman Utter to approve the previously listed licenses. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Councilman Breider declared the motion carried. � �, REGULAR COUNCIL MEE7ING OF SEPTEMBER 9, 1974 ESTIMATES: Bituminous Construction Company 5232 Hanson Court Minneapolis, Minnesota 55429 FINAL Estimate No. 2 for Street Improvement Project ST, 1974-]0 (Sealcoat) Progressive Contractors, Inc. Box 368 Dsseo, Minnesota 55369 FINAL Estimate No. 13 and Pro,7ect ST. 1972-1 and ST ST. 5T. 14 for Street Improvement 1972-2 (MSAS) 1972-1 FINAL ESTIMATE #14 1972-2 FINAL ESTIMATE #13 A J. Chromy Construction Company 5051 West 215th 5treet Lakeville, Minneso�a 55044 and Western Casualty & Surety Compsny PARTIAL Estimate No, 9 for Sanitary Sewer, Water and Storm Sewer Improvement Project No. 114 PAGE 18 $ 1,271.17 $ 7,500.00 $ 2,500.07 $ 39.253.51 � The City Attorney addressed the Counci7 with an additional Estimate as mentioned in the adoption of the agenda. He explained that the claim from Progressive Contractors had been reduced to $13,000 and it was his fee7ing that the claim was justifiable. He mentioned if th�s matter had gone to court, he fe7t they wou7d � have received much more and would have involved a lengthy trial. He said it would be his recommendation that the matter be settled for the $13,D00 amount. MOTION by Councilman Utter to pay the Estimates as listed in the agenda under item #20 and also the claim from Progressive Contractors Inc. in the amount of $13,000 for the settlement of Street Improvement Praject 1972-1 and 1972-2. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Councilman Breider declared the motion carried. COMMIJNICATIONS: NORTH SUBURBAN YOUTH SERVICE CENTER: OPEN HOUSE: MOTION by Counciman Nee to receive the communication from the North Suburban Youth Service Center concerning their open house and dated September 3, 1974, Seconded by Councilman Utter. Upon a voice voie, all voting aye, Councilman Breider declared the motion carried, CONSI�ERATION OF LEGAL OPTION OR ACTION AGAINST RAILROAD FOR BLOCKING MISSISSIPPI STREET T R ILROAD CROSSING: Councilman Nee said the situation at the Mississippi Street crossing had again become incredibly bad. He recalled that the cars were on occasion lined up 100 feet back from the crossing and when the gate did not open after the exit of the train, the people were circumventing the gate. Another occasion he realled was when the people � had waited for ten minutes toJget across the section and before they had done this, another train blocked the roadway again. Councilman Nee said he thought it was time that the City get the facts on this type of activity in this area, and find some low priced help to monitor the crossing. The City Manager said if the Counci7 so desired, he would have the crossing monitored and take this information to the proper agency for action. Councilman Breider questioned if this type of monitoring would be a problem. The City Manager said this type of activity takes money, but it could be done if this is the consensus of the Council. The City Attorney suggested that the City Manager and himself ineet with Carl Newquist Prosecutor, concerning this matter. He pointed out that Mr. Newquist had worked on � REGULAR COUNCIL MEETING OF SEPTEMBER 9, 1974 PAGE 19 z� � a case against the railroad on a simi7ar matter. He also suggested going to the Public Service Commission, putting some pressure on them. The City Attorney questioned when the underpass would be completed, The City Manager said thts is coming, but he felt it would take two years to complete. The City Manager continued to state that the situation would be getting worse hefore it gets any beiter because of the coming improvemeni. REAFFIRMATI�N OF ACTION ON HAYES RIVER L�TS: The F�nance Director said the �roatter had been brought back for Gouncil attention because of the question on the assessments. MOTION by Councilman Utter to approve the payment of funds as laid out in Attachment #1, dated September 6, 1974, stating the amounts to be paid to Minder, Lametti, Specials, and the Fridley State Bank. 5econded by Counci7man Starwalt. Upon a voice vote, all voting aye, Councilman Breider declared the motion carried. ADJOl1RNMENT: MOTION by Councilman Utter to adjourn the meeting. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Councilman Breider declared the motion carried and the Regular Meeting of the Fridley City Counci7 of September 9, ]974 adjourned at 11:47 P.M, Respectful1y submitted, ��G�Ct�o�� /t D�B�� � Patricia Ranstrom Secretary to the City Counci7 Date Approved /O �% -�7 1 Vf ''Mw.e� � �. ia� Frank G. Liebl Mayor