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11/21/1961 - 00023771���V UNIFORMED POLICE OFFICER AT TERRY'S CLUB: Mr. Dittmar stated that his brother, who is the proprietpr of Terry's Club, is trying to clean the premises up, and ma'ke it a better place than it has been in the past. Mr. Kohlan stated that he would not recommend a City employee be employed as a policeman at this establish- ment, but that there is a provision for a spacial police officer in these cases. The Mayor stated that if the Police Chief says a special policeman is okay, then the matter should be re£erred back to the Council. 2`here was no further action taken on this matt�r. CfiANGE ORDER FOR WATER PROJECT NO 34 CROSSING UNDER THE RAILROAD TRACKS� Mr. Les Knutson, of Comstock and Davis, Inc., es�plained that the specif- ications would have to be changed for the crossing under the railroad tracks, as the Railroad Company would not approve the specifications that had been used„in the past for crossings, and it woul.d be {�ecessary to put in the more expensive type of crossing. 2'he additional,cost would be from $7,027.59 to $9,705.78. Motion by 5heridan to approve the change order., Seconded Uy Nee. Upon a voice vote, there being no nays, the motion carried unanimously. ADJOURNMENT - There being no further business. the Mayor declared the meeting adjourned. Respectfully submitt� �/� . `' Marvi�� B� se��— Secretary to the Council � , ` MAYOR - T. �. Greig COUNCIL MINUTES - NOVEMBER 21, 1961 A regular meeting of the City Counc�.l was called to ordex by Mayor Pro-tem Wolke at 8:05 P.M. ROLL CALL• Members Present: Members Absent� Johanson, Wo1ke, Nee, Sheridan (arrived at 8:30 P.M.) Greig (arrived at 9:30 P.M.) , None APPROVAL OF MINUTES: Councilman Nee stated that the motion app,roving the $71.00 payment to Erickson Bros. should be "Motion by Wolke," and in reference to the � acquisition of park property, Resolution No. 187-1961, authorizing condemnation proceedings, the portion reading, "and suggested that the City start condemnation proceedings," should be stricken. Motion by Nee to approve'these changes in the November 7, 1961 minutes. 5econded by Johanson. Upon a voice vote, there being no nays, the motion carried unanimously. Motion by Nee to approve the minutes of Novembe� 7, 1961 meeting. Seconded by Johanson. Upon a voice vote, there being no nays, the motion carried,�unanimously. PLI�NNING COMMISSIbN MTNUTES: MALAFANT LOT SPLIT RE(�UEST: � �;i The Planning Commission had recommended that a11 six requests for lot splits be denied. Motion by Nee to concur in the recommendation of the Plarining Commission, and deny the lot split requests. Seconded by Johanson. upon a voice vote, there being no nays, the motion carried unanimously. , BUILDING PERMIT APPLICATION - WACHTLER INDEP. OIL COMPANY - LOT 18, AUDI'�OR'S SUBDIVSSION NO. 77: The Planning Commission had recommended of this permit subject to several conditions. Mr. Johanson stated that there is a very bad traffis condition at this point on the East River Road, and a station, would be very hazardous. Mr. Nee stated that this is a dangerous spot as far as traffic is concerned. Mr. Wolke asked what the rights of the Council were in a case like this, whether the_permit would have to be approved. Mr. Kohlan stated that he would like to study this matter further before he would make a decision on it, and he would recommend that the Council defer consideration until he would have time to chec]c into the matter further. Motion by Johanson to defer action on this matter until an option from the City Attorney is received as to the legal recourse of,the Council. Seconded by Nee. Upon a voice vote, there being no nays, the motion carried unanimously. PROPOSED STREET I,AYOUT NORTHEAST QUARTER OF SECTION 12: The Planning Commission had voted to recommend filing the proposed street layout for this Northeast Quarter of Section 12 with the appropriate County officials. Motion by Nee to concur in the action of the Planning Commission on this matter. Seconded by Johanson. Upon a voice vote, there being no nays, the motion carried unanamously. VARIANCE REQUEST - LOT 5, BLOCK 32, HYDE PARK ADDITION: The City Manager explained the street layout on the map. The Planning Commission had concurred in the recommendation of the Streets and Utili- ties Sub-committee, and had recommended approval of a rearrangement of Block 32, Hyde Park Addition if the reSUlt is a 50 foot right-of-way for 57z Avenue from 6th to 7th Streets, and vacation of 58th Avenue irom 6th to 7th Street, and vacation oP alley in Block 32, and had instructed the City Engineer to prepare preliminary plat of the re- arrangement. Motion by Nee to authorize the City Engineer,to draw ug a preliminary plat of replat of Block 32, Hyde Park Addition. Seconded by Johanson. Upoa a voice vote, there,being no nays, the motion carried unanimously. ALLEY VACATION - SAV. #13 - BLOCK 13, HYDE PARK ADDITION: The City Manager explained the location o£ this alley on the map. The Planning Commission had recommended that this alley be vacated. Motion by Johanson to concur in the action of the Planning Commi.ssion, and to set the public hearing for this vacation,for December 19, 1961. Seconded by Nee. Upon a voice vote, there being no nays, the motion carried unanimously. . NEW BUSINESS: PETITIONS• Motion by Johanson to receive the following petition, and place it on £ile: Petition for Storm Sewer - Proposed Riverwood Manor Plat. Seconded by Nee. Upon a voice vote, there being no nays, the motion carried unanimously. b �. COMMUNICATIONS• The County Engineer had written a letter to the City informing the City of Fridley that the County is working on plans for construction of a street improvement project alang Old Central between Highway ;}65 and Mississippi Street, and urging the City to incorporate a concrete curb and gutter into this job, and share equally in its cost. There was a discussion on this as to how the cost would be allocated for the City's portion of the concrete curb and gutter. Motion by Johanson to receive the letter and place it on file, and to take no action until a later date, or until something more definite is known as to the type of construction, etc., that wi11 be done on Central Avenue. Seconded by Nee. Upon a voice vote, there being no nays, the motion carried unanimously. sheridan arrived at 8:30 P.M. LETTER FROM CITY ENGINEER IN,REFERENCE TO PLAT PROCEDURES, FINANCIAL RESPONSIBILITY INVOLVING SUBDIVIDER CONTRACTOR CONSULTING ENGINEER AND CITY• The City Manager explained this letter dated,November 10, 1961, which the City Engit�eer directed.to the City Manager. Mr. Johanson stated that he was in favor of tYiis recommendation. Motion by Johanson to concur in the recommendation of the City �ngineer, and to set �olicX of, if the subdivider elects to employ his own consulting engineering Pirm, he should pay that firm directly for services rendered and before so doing, request a release from the City that such work is acceptable to the City. Z'he construction payments should be handled similarly, as they are now. In addition, the subdivider should place in escrow, sufficient funds to de- fray the costs of the City for checking plans and specifications, and for providing general inspection of the construction work which will thus eliminate any possibility of conflict o� interest,on the part of the subdivider's consult3ng enqineers. This escrow should probably amount to one percent (1%) of estimated construction cost. Seconded by Nea. Upon a voice vote. there being no nays, the motion carried unanimously. ABATEMENT OF ASSESSMENTS - LOT 3 BLOCK 19 FRIDLEY PARK ADDITION- '[`he City Manager,read a letter from the Great North�rn Railway Company requesting abatement of a street assessment in the amount of $48.60 on Lot 3, Block 19, Fridley Park Addition, as the City has a 20 foot street easement over this property. Motion by Johanson to grant this abatement. Seconded by Nee. Upon a voice vote, there being no nays, the motion carried unanimously. SECOND READING OF ORDINANCE NO. 192-1961 REZONING PORTION OF FRIDLEY INDUSTRIAL PARK• 7'he City Manager read the above ordinance. Motion by Nee to adopt the above ordinance and to have it published. Seconded by Sheridan. Upon a voice vote, there being no nays, the motion carried unanimously. . , . SEWND READING OF ORDINANCE NO. 193-1961 VACATING ALLEY CONNECTING 53RD AND 54TH BETWEEN 6TH AND 7TH STREETS: The City Manager read the above ordinance. Motion by Johanson to accept this as the second reading o£ the above ordinance and to have it published, I Seconded by Nee. Upon a voice vote, there being no nays, the motion carried unani.mously. , SECOND READING OF ORDINANCE NO. 194-1961 VACATING PORTION OF MCKINLEY STStEET ANA ALLEY• fi`3 ' The City Manager read the above brdinance. Motion by Sheridan to accept this as the second reading oi the above ordinance, and to have it published, secdnded by Nee. Upon a voice vote, there b�ing no nays, the motion _ carried unanimously. , FIRST READING OP ORDINANCE REZONING LOTS 5-16 BLOCK 4 AND LOTS 5-16 BLOCK 5, CITY VIEW ADDITION: Mr. Nee asked why the property is being rezoned when some of the owners of the property have not requested it. �here was considerable discussion as to whether the people requesting the rezoning owned all of the property. Mr. Nee stated that the owner of Lots 15 and 16 was not aware of the action on the above property. 'i`he City Manager suggested that the Council could pass on the first reading of the ordinance, and the City, could . re-notify tYie people before the second reading of the ordinance so that they could be present when the ordinance is read foY' the second ti.me. Mr. Johanson stated that he would not like to pass the ordinance under the present description and circumstances. Motion by Johanson to accept this as the first reading of the above ordinance, subject to the written approval of all the property owners involved in the rezoning. Seconded by Nee. Upon a voice vote, there being no nays, the motion carried unanimously. PIRST READING OF ORDINANCE REZONING PART OF LOT 6 AUDITOR'S SUBDIVISION NO. 39• The City Manager read the above ordinance, and outlined the location of the sezoning on the map. Motion by Nee to accept this as the £irst reading of the above ordinance. Seconded by Sheridan. Upon a voice vote, there being no nays, the motion carried unani.mously. PIRST REI�DING OF ORDINANCE VACATING UNNP.T'IED STREET DEDICATION (59TH STREET EXTENSTON): The City Manager read the above ordinance and explained the location on the map. Motion by Johanson to accept this as the £irst ,reading of the above ordinance. Seconded by Nee. Upon a voice vote, there being no nays, the motion carried unanimously. CLAIMS• Motion by Johanson to approve General Claims 5432 througY} 5500. Seconded by Nee. Upon a voice vote, there being no nays, the motion c�rried unanimously. . Motion by Nee to Johanson. Upon unanimously. approve Liquor Claims 3587 through 3648. Seconded by voice vote, there being no nays, the motion carried Motion by Sheridan to app.zove Public Utility Claims 1616 thro�}gh 1629, Seconded by Nee. Upon a voice vote, there being no nays,,the motion carried unanimously. LIC�NSES: The City Manager explained that he had met with the City Attorney with reference to the Shell Oil Station at 61st and University Avenue, and the City had done some work to alleviate the drainage problem,, but more work would be necessary. Motion by Johanson to approve the following licenses: ELECTRICP.L skeldon & Green Electric, Inc, 718 East Iiennepin Avenue Minneapolis, Minnesota by: Donald M. Green New � 1 EXCAVATING Swanson Excavating Company P.O. Box 368 , Hopkins, Minnesota GAS SERVICES Belden Porter Company 65 North 17th Street Minneapolis 3, Minnesota Pierre-Aircon Company 1322 Rice Street st. Paul 17, Minnesota standard Heating Company 410 West Lake Street Minneapolis, Minnesota GENER AT• Lakedale Realty 1338 - 53rd Avenue N.E. Minneapolis 21,' M�.hnesota Magney-Iverson Construction Co. 20 Shady Road Hopkins, Minnesota �EATING Beldon Porter Company 65 North 17th Street Minneapolis 3, Minnesota Pierre-Aircon Company 1322 Rice 5tree� St. Paul 17, Minnesota MOVING Cambridge Movers, Inc. 535 North Main Cambridge, Minnesota PLUMBING K. L. Anderson Plumbing 2833 Johnson St. N.E. Ma.nneapolis, Minnesota Arrawhead Pl�inq 3717 Reservoir Boulevarcl Columbia l3eights, Minn. Belden-Porter Company 65 North 17th Street Minneapolisr Minnesota Pierre-Aircon Company .1322 Rice Street St. Paul, Minnesota SIGN �RECTORS- by: R. H. Gardner by: William C. Porter by: Joseph Collova by: Tony Ferrara by: Arthur Raichle by: C. F. Magney by: William C. Porter by: Joseph Collova by: H. A, Hanson by: K. L. Anderson by: Leonard Holm by: H. M. Porter by: Joseph Collov� New New New New New New New IQL�7 New New New New New v lf i.� Lawrence, Inc. 2L5 Edmund Llvenue St.°Paul, Minnesota by; George W. I�awrence New Seconded by Sheridan, Upon a voice vote, there being no nays, the motion cal:ried unanimously. Mr. I[ohlan read the following memorandum with reference to the Shell Oil Company Service 3tation license: MEMORANDUM Re: Shell Oi.l Station License, 61st and University Avenue Northeast, Fridley. From:A. G. F:ohlan, City Attorney Facts: Duriilg rains and for sometime thereafter, water pool in�o inter- section oi 61st and University. This si�uation did not exist or occur prior to erection of the Shell Oil Station. City has had to pump several times to clear intersection for passage of autos and pedestrians, Cit}� has expended money for this. Also, since permanent solution not possible until highway changes are con- structed, a temporary solution is necessary. Construction oF any culverts under University involves f�Yrther e�cpense. It appears that water at intersection now constitutes a public nuisance. Nuisance should be abated. Normally, a person who 4reates nuisance is directed to abate it. In this case, abatement by way of correction involves work on highway, so the City should do work and seek recovery of cos�s Prom party responsible. If existing condition was created by Shell 011 Company, I recommend City seek re-imbursement from the Shell oil Company for costs incurred by City. , Recommend: That any license tor the premises be issued only on condiL-ion that property awner act to abate nuisance and/or pay to City costs incurred by City in abatement of nuisance. That upon such.payment or agreement to pay, approved by City Manager and City Attorney, licenses to be approved and issued. That except and unless such conditions be met -- licenses for such premises not to be issued. Signed: Andrew G. Kohlan City Attorney Councilman Sheridan stated that he felt the recommendation of the City Attorney was the right thing to do, but there should be some sort of a time limit on the action. �lze City Manager suggested a ten day time limit. Motion by Sheridan to approve the following two licenses for the shell Oil Company, subject to the stipulations outlined in the City Attorney's recommendation to the Council, and subject to the 10 day time limit, and directing the City Manager to complet� thG temporary drainage project: S�RVIC� STATION LICENSE: Leo Allender 541a - Sth St, Minneapolis 21, dba: Fridley,shell Service N.E. 6101 University Ave. N.E. Minnesota Fridley 21, Minnesota CIGARETTE LICENSE: Leo Allender 5410 - 5th St, Minneapolis 21, dba: Fridley Shell Servzce N.E. 6101 UniveYSity Ave. N.E. Minnesota Fridley 21„ Minnesota f�e Seconded by Johanson. Upon a voice vote, there being no nays, the motion carried unanimously. RESOLUTION NO. 189-1961 OFFERING TO PURCHASE CERTAIN TAX FORE'EIT LOTS FROM ANOKA COUNTY IN BLOCK 16, MOORE L11I� ADDITION: , The City Manager read the above resolution. Motion by Johanson to adopt the above resolution. Seconded by Sheridan. Upon a voice vote, there being no nays, the motion carried unanimously. CONSIDERATION OF SALARIES FOR NON-UNION LIQUOR STORE EMPLOYEES: Mr. Johanson suggested that the bartenders be brought up scale. The City Manager stated that he could check and other municipalities were paying. Motion by Johanson to salaries as corrected to an even SC raise for the clerks increase �or the janitor. Seconded by Sheridan. Upon there being no nays, the motion carried unani.mously. ESTIMATES: to a higher see what the adopt the and a $25.00 a voice vote, Les Knutson, Comstock�and Davis, Inc., suggested that the payment to Minnesota Sewer and Water be made contingent on the final okay o£ the City �ngineer and the City Manager. Motion by Nee to approve the iollowing estimates with the disbursement not being made to the Minnesota Sewer and Water Company until approval of the City Engineer and City Manager are given: , Comstock and Davis, Inc. 1446 County Road "J" [ylinneapolis 21, Minnesota Staking out and Inspection Proiect W-34-H (3) St. 1961-3 S & SS-24-A W-34-F W-34-D W-34-H (2j W-34-G W-34-H (4) S & W 48A SS - 52 St. 1960-2 S & SS - 24B St. 1961-1 S & W - 48B S & W-48C Wells 2,3,4, & 5 CONTRACTOR Lametti & Sons, Inc. 211 N. Pascal Ave. St. Paul, Minnesata Herbst Const. Co. 1550 Highway #10 Minneapolis 21, Minnesota Lametti and Sons,� Inc. 211 N. Pascal Ave. St. Paul, Minnesota Estimate No. 2 1 16 2 6 1 3 1 5 2 , 13 13 5 5 5 5 PROJECT W-34-F Est. #2 W-34-H (3) Est. #1 W-34-G Est. #2 Amount $ 499.50 240.75 500.75 1,698.00 15.75 147.50 585.63 132.88 2,941.75 416.75 79.88 413.00 1,813.00 836.50 1,380.25 101.25 $11,803.14 AMOUNT DTJ� $13,842.71 $28,104.12 $ 8,121.55 A- �� Y� V Dunkley Suriaciizy Co,,,Inc. 3756 Grand Street N.E. Columbia Heights, Minnesota Sandstrom & Hafner, Inc. 2054 St. Anthony Blvd. Minneapolis 18, Minnesota orfei & Sons, Inc. 1156 Homer Street St. Paul, Minnesota Randall-Bros. 3400 Silver Lake Road Minneapolis 18, Minnesota Jay W. Craig Co. 1814 Cali£ornia St. N.E. Minneapolis 18, Minnesota Minn. Sewer & Water, Inc. 1204 Merrivale Avenue Minneapolis 2G, Minnesota St.#1961-1 Est. #5 S & W-48-A Est. #5 5 & W-48-S Est. {#4 5 & W-48-C Est. #5 St. {#1961-3 Est. �l St. Sew. #49 Est. #�3 Final $10,246.84 $86,617.75 $18,443.56 $24,696.27 $ 4,110.51 $ 3,109.10 Walbon Excavating Co. 5t. Sew. #$52 3242 Highway No. 8 Est. #2 Final Minneapolis 18, Minnesota $ 1,260.00 TOTAL $194,552.41 seconded by sheridan. Upon a voice vote, there being no nays, the motion carried unanimously. QII�iGE ORDER #�1 �W-34-F) WATER LINE FROM HIGHWAY $�100 TO GARDENA AVENUE: Motion by Nee to approve.this change order. Seconded by Johaason. Upon a voice vote, there being no nays, the motion carried unanimously. Mayor Greig arrived at 9:30 P.M. CONSIDERATION OF ALIGNMENT OF TRUNK HIGHWAX #100 AT T.li. #65: Mr. Johanson stated that some of the people on Cheri Lane had called him, and objected to the service road or outer drive on the south side of Highway #�100. A number of people in the Donnay Addition, which is located north of Highway #$100 were in the audience, 7,'he Mayor stated that the storm sewer on University, the service roads along Hi.ghway #100, and all the state projects should all be settled at one time and there should be a meeting with the State of Minnesota and the�Gity of Fridley, and all of these matters should be discussed and settled as one package. Mr. Johanson stated that he would not ask thet the present proposal of the State Highway Department be changed. Mr. Wolke stated that the people on the north side of Highway #100 did not want a service road. A petition was presented to the City Council sugned by a number of the people residing on the north side of Highway #�100 objecting to a service road on the south edge of the Donnay Addition, which would run £rom 7th Street to Highway #65. Motion by Johanson to receive this petition and place it on file. Seconded by Sheridan, Upon a voice vote, there being no nays, the motion carried unanimously. The City Manager e�lained that he and Mr, Comstock had met with the Highway Department with reference to the storm sewer, and will give a proposal to the Council on this in the near future. The Mayor suggested that everything be done at one time, and made very specific. Mr. Saliterman's attorney was present, and stated that the present plan is not the original highway plan, and the highway has ]aeen moved south from lJ � 1 its orogonal location, and it is isolating 7 acres. Mr. Sheridan stated that if the Highway Department is isolating 7 acres,,it is their respon- sibility to give just compensation to the property owner. Mr. ,7ohanson stated that he did not Eeel that they were isolating the property., Mr. Saliterman stated that he had people interested in a 150 unit deluxe motel for this site, if the access is not cut off. Mr. Wargo and Mr. Saliterman asked that they be notified of any meeting with the Highway Department to settle this matter, so they might be present., Gavel to Mayor Greig. RESOLUTION NO. 190-1961 SUSPENDING LIQUOR LICENSE - TBRRX'S CLUB:, The Mayor stated that he recommends that Terry's Club 'he closed, or license suspended, inasmuch as there have been several incidents at this place, and in the most recent one a person was injured, and was in serious condition at the hospital. There was considerable discussion as to just when the establishment should be closed down. It was decided that it would be at 1:00 A.M., November 22, 1961. Motion by Johanson to adopt the resolution suspendYng the liquor license for Terry's Club. Seconded by Nee. Upon a voice vote, there being no nays, the motion carried unanimously. SKATING RINK AT 53RD AND MAIN STREET: Two of the residents living in the vicinity of 53rd and Main Street asked if there would be a skating rink in this area this winter, and they would very much like to have one. The City Manager stated that they should contact him durine the week on this. The two gentlemen, also, complained about dogs in the area, and stated that they had not had much cooperation from the Dog Catcher. � JUNK YARD- Glen Johanson stated that the junlc yard activities on 73rd Avenue should not be allcnved to expand. The Council concurred. GRADING OF ROAA• Mr. Pete Brook asked iE Fireside Drive could be graded. Motion by Wolke to have Fireside Drive graded. Seconded by Sheridan. Upon a voice vote, there being no nays, the mota.on carried unanimously. PARK PURQiASE- Mr. Kohlan gave a council report on his progress on the condemnation of the Locke paoperty �or park purposes. RESOLUTION NO. 191-1961 DETERMINING PROPERTY TO BE PURQiASED FOR PARIC PROPERTY- Motion by Wolke ta adopt the above resolution, and also to authorize suhurban Engineering to draw up the proper surveys for this property. Seconded by Nee. Upon a voice vote, there being no nays. the motion carried unanimously. ADJOURNMCNT: There being no further business, the Mayor declared the meeting adjourned. Respectfully submitted: d.�AM. M rvi � Brunsell Secretary to the Council A � r , � , �fAYOR - T.,E. Greig