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02/03/1964 - 00022920�� 0'PHER HlTS'IlQESS: Counci].man'Sheridan stated he wished to call council attention to the fact that he had,received several calls on M.S.A, streeta, particularly 61st Street, that,there are.a number of people on the West Moore Ia1ce Drive who have some objeetion to it and their objectiona are that the atreet will be widened and he had explained to'them.in the best,way that he could how these were approved and aent to the State of Minneaota. He further explained he had told these � reeidents that-if it ehould be decided to proceed with the improvement of this street there;would be some assessmente on a portion of it and they would be notified,hy ma11 of the hearing, He etated he had been told this project might be done 1n etages and these residenta still wished to be notified. Council- man Sheridan'�atated he merely wiehed'to apprise the City Council of what he had heard and that he had informed.the residents they would be notified of the hesrings by mail. He Yurther explained that one of the other questions that had come up wae that this widened street would increase traffic and the other thing would be the enoaeing at the highway and he had told the residents that ae �r as he knew� there wae no approval from the highway department on auch e Croseiqg. The C,ity Manager replied that the State Highway Department had approved,the esoeaing �hen they�approved the right-of-way. Councilman Sheridan stated he had '�old reaidents he didn't think they would allow the cnoaein�. Couac3l,man,Wright inquired if the State Highway Department was noti going to eonsider the�,lAterahanges and the possiblity of a traffic signal at Hackmann. The O1ty Managei etated if a reaiden'E�al street were aseeseed and the balance pa'id on,State �lid� dt would be very minor. Councilman Sheridan explained he had�"eta�ted �p'3nteleeted residents that 3t was his underatanding with the city engineer tha�t''�they were going to be covering the eand streete and thie was the only one�in the center of our community. ��'�� , �, � , Councilma'a''Shexidan stated there wsa one claim that he didn't recall having eeen"and �Yt liari 'been^ brou'ght �to-�his ettention thie af,ternoon and it was the claim oi 'their;previous Special Judge which� as he understood it, was over two monthe old. '�he City Menager explained they had drawn a form which was a f-- combination cextificate of a claim and he had advised Mr. Norton of the fact and � told� him thie�wae ready at the C3ty Sall. Councilman Sheriden inquired what I kind of Porm'he was referrin� to and if it was something new. The City Nlanager explained the City Attorney had researched the law on the payment previouely made aad though they had not necessaFily been made illegally, it was conaidered a groas miademeanor to pay a claim in the manner they had been paid, that thie form had been worked out in the last month and he had given same to Mr. Norton who did'not approve of it and it had been revised; that copies had been for- warded to the Aew Special Judge for him to aubmit and these same forms were at the City Hall and Mr. Norton could p3ck up same at the City Hall and fill in and eign. Councilman Sheridan requested form be sent by mail to Mr. Noston. Councilaian'Wright inquired if there were any rsason why the City of Fridley could not proceed with the purchase of Chase's Ieland. The City Manager re- plied that IJortfiern States Power Company would have the necessary papers ready within the next day or ao. , ADJOiktN: There being''no further bvsinese� Mayor Nee declared the meeting adjourned. RespecstilalTy eubmitted� ; ^ .�i�l� �lG��Fii�.tiN. ��L/V`�"'` � `�- S�ie iskowla Mayor - William J. e Secretary to the Council REGUIJIR CIT7C COUNCIL MEETING - FEBRUARY 3, 1964 A regular meeting of the Council of theCity af Fridley wae called �o order at 8:04 P.rt. �� D� r ROLL CALL: Members Present: Nee� Johanson� Kirkham� Wright , Members Absent: Sheridan i �� APPROVAL OF MINi7TES - RE(}iTLAR MEETTft(}� JANUARY 30� 196�+: �, �,�, City Engineer QureShi requeeted that heading be ahanged on page,l3 pf' January 20, 1964 meeting from Sewer Connection to Water Connee�ion,wich,r�- gard to i.he request from the Huntington Gae Company. Motion by Johana0n to - approve the minutes of the Regular Meeting of January�,20� 1964�ap pxepared, corrected �nd received. Seconded by Wright. Upon a voice vote���thexe being no nays� the motion carried unanimously. OLD BIISINESS: PUBLIC HEARING - FINAL PLAT - MARVIEW ADDITION (CONTINUED FROM 1�20f64): �„ � Mayor Nee announced the continued public hearing on the final�plat of the Marview Addition. City Engineer Qureahi stated his department,s,till Bad ' not received the proper deeda and euggested the C3ty Couneil'could apprave the plat sub�ect to the receiv3n� of the deeds. The City Mauager s'ta,ted the plat would not be signed until these had been received. ,City�•Engin�er Qureshi explained the deeds that were necessary to the Oity Council. Mayor Nee�r3n- quired if Mrs. Lillemoen had been given not3ce of the plat in'question. •The City Manager replied he was not aware if notice had been sent. A diacuseion period followed concerning the plat in question._ Mayor Nee inquired ii there were anyone present who wished to be heard with regard to the fi�isll,plat oi the Marview Addition. There was no one present in favor of or in lopposition to the proposed plat. Mayor Nee declared the public,hearing,ot4 the��itlal plat of the Marview Addition closed. � . � Motion by Johanson to accept the fina3 plat of the Marview Add3tion and I authorize the Me.yor and City Manager to sign same eubject to,the'Feceiving of _, the proper deeds for easementa. Seconded by Wright, Upon a vb,ice,;,YOte� there being no nays, the motion carried unanimously. � �, ;, � � SECOND READ1i�C OF pRDINANCE �'255 VACATING STREETS AND ALLEYS - NORWOOD ADDT- TION TO FRIDLEY PARK: ' Mayor Nee announeed the aecond reading of an ordinance vecating Qtreete snd alleys in Norwood Addition to Fridley Park. The Oity�Manager gave the eecond read- ing of said ordinance. Motion by Wright to accept as aecond reading,Ordinance #255 under Section 12.07 of the Ci�y Charter to vacate etreets and alleye and to amend Appendix C of the City Code in Norwood Addition to�,Fridley Park, adopt and publish same. Seconded by Johanson. Upon a roll call v,ote� thoae voting aye, Nee� Kirkham, Johanson, Wr3ght. Those voting nay� none. Mot3on carried unanimously. SECOND READING OF ORDINANCE #256 VACATING ALLEY - OAK GROVE AD➢ITION: F�a�yor Nee announced the second reading of an ordinance vacatirlg';,sn alley i❑ the pak Grove Addition. The City Manager gave the second reading of eaid ordinance. Motion by Johanaon to accept as second reading ord�nance #256�,under Section 12.07 of the City Charter to vacate streets and alleys and to amend'Appendi�c C of theCity Code in the Oak Grove Addition� adopt and publish same. Seconded by Kirkham. Upon a roll call vote, those voting aye� ftee'� Wright� Kirkham , Johanson. Those voting nay� nope. Motion carried nnanimously., ; , APPOINTMENT TO POLICE COMMI5SION (TABL�D 1�2�64, i/6/64, AND 1�20�fi14�: Mayor Nee announced the item under consideration was the appdntmerit'to the •I „ I ' " Police Col�ieeion and etated if it wa� agreeable to the�City Council they would not act on the item thie evening. � � , � �, ' �� � , � NEW EUS IIQESS: ' . �MUNICIPAL COURT �FACII,ITIES�: I Mayor Nee�announced the item beiore the City Council wae a request by Judge IElmer JoYineon'to be h'eard with zegard to Municipal Court Facilitiee and a Cleik of�,Cou'rt.� Judge Johnson wes present and etated hia requeat was for tha'approval"oi',�the City Couneil ior°a,'shif�ing oi items in the hudget eo ttia� h� might'be,able to heve a full time Clerk and the budget Would not be aifected'in �ny Wey. He further stated it was entirely poeaihle within the budget that some iteme be struck out auch as probation caees, office allot- ment to ��500:00� temporary employees could be reduced from $1200.00 to "$�+00.0f1 and';the allotment for the Speciel Judge could be reduced from $150'0.00 to �7b0.0U and this wae poseible by adding another day to theix calendsr,'moath at which time they cou],d occupy the auditorium with his aupplying an extra evening. Judge Johnson explained this all mesnt that without adding,any'thing to the budget� they could employe a fulltime Clerk withouti,exl�aueting the budget� that thie would allow $72QQ.00 for the regular Clerk of,conrt�etill lesving $400.00 for a Special Clerk and for extras. Councilman,Joktaneon etated that the appunt of money Judge Johneon had just told them about amounted ta $3�100,00� and inquired where the balance of the money wbuld be,obtained. Judge Johnaon repl3ed thie only meant $3,100.00 ,more than the clerk 4�ea now getting at $250.00 per month part-time. He ' explaiaed that prisoner care is now tsken care of in Anoka County rather than $ennepin County and,this item is eliminated as it wae s carry-over from the previous year. Judge Johneon etated this p�oposal was entirely pos'sible within bhe budget the City Council had approved for the year. , �� Judge J,ohnaon informed the City Couno3l he wiehed to diacuse facilities, als,o� �hat Fr3dley's the only city with a work load so heavy that doee not I have a fla11 time clerk. The aslary paid in Minneapolis for deputies is $735o.00,and for this they are given only apeeial aes3gnmente, and the clerk Would be working approx3mately 300 hours or so a month. � Judge JohnsOn�stated that regarding facilities, he wished to esk for the same thing,he,h�d requested eome time previous and this would 6e to close off an area at the rear and in the corner of the hall near the trophy case and thia would� he fei�, but enfficient for a good clerk of court office. In explanation� he atated he had thie day met four people or more in the small aubicle do�+nstaira and it was diificult to work under these circum- staaces. The office he wae requesting would give him twice the room they presently had'-and it would au�ent the� court and give them a room that would have'some sembiattce of respect,end propriety to the clerk. Judge Johneon etated an alternative had been-proposed for another office in the Madsen �uilding ios the clerk at $75.00 per month but felt a temparary wall could be built for less than this amount and rather than rent quarters outslde�the building� he wished �o have the office remain in the city hall. Councilman•Johanson inquired if there,were any poeslbility that in the new Fire DepaF,tmant addition aome spaee and an office could be arranged for the C1erk o#�,Court: The City Manager expl'ained that regarding the proposal to build e tempoTaxy oPfice at the rear oi the hall� this had been checked pxev�,ouelyiand recalled it had been deemed impoesible due to the heating ey�tem,but,suggeeted if the City Council wished to deYer the item it could be recheeked,and slso examine the plane of the Fire Department within the YolloWing,two weeke. Judge Johnean etated his department had ended the year with 1405 Gases and explained there are full time courta operating in other commuaitiea that have up to 1600 cases but with full time clerks and judges. He fuit�her etated iY the City Council would authorize a fu11 time Clerk of Court� thie could be done without adding to their�present budget, A diequesion period xas held regerding the reasons £or the community having a probation'offiaer and the manner in which this happened, that originally, as Jud,ga Johneon explained, it wae a clerk of court appointment and the court had appointed him. City Attorney Smith�etated he had written aome letteas to Mr. 5waneo�t and he had replied he would anewer soon to clarify the matter. � V tJ D �ll r Judge Johnson explained the clerk would be doing more deta3l ip the probation field, al�o, and would be helping the many families in need. LLCOUncilman Wright inquired whether or not some•of the dutiea af the clerk of Court would be those perFormed by a probation officer. Judge Johnson re�ilied they would nnd gave an example, etating that when the clerk is preeent�,some of the work can be done by h3m during his working hours. CouncilmQn' Wri'ght etated he endorsed the need for thie kind of work but inquired if it should be their consideration that the fu]1 time clerk would be act�ng at�time's'�as a probation and parole officer end ehould be qualified in that,manner and i inquired of Judge Johnson,if the qualifications of the c1Ark'Of'coUrt ahould be easessed in thie manner. Judge Johnson stated there were'many�ttems that �_,� could be assigned to the clerk of court regarding mattere oi th3g natUre� �hat aome matters just take common aense and someone people„wltki',a �roblem can come to. Iie explained they were going to attempt thie,'in any, regard� as they wiahed to make room for a fvll time clerk end were juet,waiting for an answer ta establieh the fact they have the right to haVe a probation officer. Councilman Wright inquired if, at that time� ttiis',pereon',would be just a Clerk of Court. Johnson replied his work wouSd'vary. Coun¢ilhian_ Johanson suggested the City Council hold all decisione pehding the r'eport fram the City Manager two weeks henae and stated he wiahed all members of the City Council present to establiah the position of Clerk of Court� upon recommendation. Salar3es were discuseed regarding,the court bUdget'an$ amount of time worked bp the clerk and judge,, Mayor Ne¢"�inquixed �}ia�'the total bud�et wae on prison care. Judge �ohnson'repl�.ed therg �rae.np pxi�on cere at the present'time� that prieonera are sent to Anoka'�ount�y'and ,tkiere is no charge� that previously they had been sent to $ennepih'County and this was a carry over in the budget. City Attorney Smith'explairied to°the City Council the County Co�issionera take care of th3e item in the3X budget. Councilman Wright sta�ed he would not challenge tha faot th�ti�;tha,ppli'ce ox anyone elee had a need for the clerk�of court. Covnailman Klrkham �lquired if there were en advantage to postponing thia item 'to the 'neMt meet�ng."� ' Councilm�n Jol�anson stated there was not arcihe wes prepared to'act`bn the item as he could be in favor of a full time clerk of Court but hie only regard was with facilitiee and if apace could be found",for'ttiis'person to' , work. Councilman Wright explained that as a general,poli¢y�'they didYi't I act on any given item the first evening it was brought to'the'f10or. , _ � � . .�, Motion by Johanson to table to an undetermined speciel meeting Or'the next regular meeting the appointment of a full time Clerk of Court and Municipal Court Facilitiee. Seconded by Kirkham. Upon a voice vote'� thexe being no nays, the motian carried unanimously. "� PLANNING COMMISSION MEETING MINUTES� JANUARY 23, 1964: BUILDING STANflARDS SUB-COMMITTEE MEETIftG OF DECEMBER 12� 1963: ' Mayor Nee announced the following ev�gested ordinanee; ° � � � SUGGESTED ORDINANCE TO AMEPID SEC. 45.23 OF CITY G'ODE' RE SIDE' YARD REQUI MENTS FOR RESIDENTIAL DWELLINGS: ' � � � The City Mana�er read to the City Council the recommendation of the'Commiesion, stating the ordinanee wa� available and could be read Yor the'first time if council so wi4hed. Mayor Nee stated the ambiguous psrt of 'thie,ordinance was that it statea a aingle garage is a hardship and not a double 'garage end the ordinance only allowe for a single garage and the problem would not;b'e'aolved in this manner. The City Manager explained that a double gazege seemed'''to be the requiremen� at the present time. "Councilman Wright atated there�,Wae enough side yard allotted £or a double detached garagd. The City Manager replied it was just a matter of making the reqnirement'wider'and'thie coUld be"done. — Areas that had been granted waivere �ere explained bq';CouACllman"'dOhsns'on, in- cluding the Donnay ares. Councilman Wright stated it,was'H3's opinion'ttiat if there wex'e room for a ein�le or double detached garage'3t'viag`riot'a`Hardahip. Mayor Nee replied the policy had been that anything lese than,a'double garage had been a hardship and this ordinance, as pregented� wes bUilding�into it what they had prevLously described as a hardehip. Mayor Nee evgg�ested,'s 25'ioot side yard requirement on a 75 foot lot, Councilmen Johaneon stated it'�aas his opinion this would ra3se ttle aquare foot s3ze of the home.' Mayox','Nee replied the'bui�d- ers were erecting homea on the premises they could get waivere'oti!some lots. It �,_i was,explaiped„�hat most of tbe waivere the City Council had granted were for older homee,and theXe had been changes made in the building of homes. Mayor Nee asserted that with,what had been suggested �hle,ordinance was not strict enough, that form- er Covncllman Wolke had referred to waivers when housee weren't even completed. Couneilman Joi�anaon auggasted a limit of ten feet and 25 Yeet for side lot re- quirementa and referring oi thie ordinance to the Building Standards Committee. — Motioa by Johanaon to refer the propoeed ordinance to amend section 45.23 of the City Cede� of,the City'oY Fridley regarding side yard requirements for residential dwellinga to the Building Standarde Coamiittee with the poesible alternative of 25 foot side lot requirement under Item b rather than 18 feet. Seconded by Kirk- ham. Upon a voice vote, there being no naya, the motion carried unanimously. Mayor Nee inqnired ii the City Council wiehed to consider the item regarding the vacatioa'of land referred to in the tnlnut�a of the Parks and Playgrounde minutes. Councilman Johanaon auggested the minutes be received as written. Councilman Wright stated he wished to concvr with the record and receive same; that he would etrpngly urge that the City Council concur and agree with the Parks and Play- grounde 9ubcpp�ittee that they were oppoeed to the vacation of any City held land �contigu�u@;,to,�gark land. � Motion by'Wxlght to coneur with the recommendation of the Parks and Playgrounds ,Subeommittee,and the Planning Commiasion that it is the policy of the Fridley City Council not'�to vacate any.city held land contiguous to park lands. Seconded by 'Johaneoii."rUpon a voice vote, there being no nays, the motion carried unanimously. , � �<� INQ,UIRY REf3ARDIIda MEAIDERSHIP ON PLANNING COMhffSSION BY SAFETY COMNIITTEE CAAIRMAN Councilmen Wright stated he had brought this item to the floor at the previous meeting �nd although the original request orlginated with the proposal that two i- membeYn,be choeen from named committeee, it was his opinion that the eource wae irrplevant Por the need and wiahed to propoee that the City Council instruct the � City Attorney ,to prepere an ordinance'expanding the Planning Commission by two membere,and in'the language of the ordinance not making specific reference ta Safety Coa�ittee or League of Women Voters. He iurther explained there was no given reason why any perticular coamiiseion should be named, that others did ehere thie aotioR,that there ahould be some at large member on thie committee. Coun- cilman Wright'etated that he felt if the ordinance were so eritten, it would be palatable to the�membere of the plann3ng Commisaion, that� at the present time, They are not too eager �or any particuler group to have etatutory reference. Mayor Nee etated he wovlfl he in favor of the coneideration of auch an ordinance iand it could be drawn for consideration and placed on the agenda for conaideration. Couneilman Wright inquired iP the City Council could, at least, agree to have this placed on the agenda, Councilman Johanson replied he would agree to having such a proposal placed on the agenda. There was no action necessary. RECREATION C01�1MIISSION MEETING MINUTES� JANUARY 16, i964: Mayor,Nee announeed the item under consideration was the receiving of the minutee'oi the Eecreation Commiaeion. Motion by Johanaon to receive the minutes oi the Recreation Commission Meeting held January 16} 1964. Seconded by Wright. Upon a voice vote there being no nays� the'motion carried unanimoualy. � Mayor Nee etated he viehed to have a au�nary report oi this commission's 1963 i program arid at'the seme time a eu�ary of the 1964 plane so the City Council vould know'wliat they are and have a more comprehenaive p3eture than what was shown in the minutee. Coancilman Wrigh't atated he had seen the calendar of the Recreation Co�ission. Mayor Nee replied there were some quertions they raised in�the minutes and that the public ehould be made aware of their operation. Couneila�.n Wright agreed and etated that at the latest joint meeting one of the i�ems that wae�agreed upon was the need for better publicity and exactly what the Recreation Program was� that they have a calendar; that they had also been mede aware that apar�ment dwellers hsd been gett3ng no notices. Mayor Nee etated theae thinge were not What they were spending money for, that the long �l IG � term oUjectives must be more than publicity. � ,� SAFETY CONIMITTEE MEETSNG MINUTES --JANUARY 29, i964s Mayor Nee announced the item under conaideration Was the recelving�of tile minutee of the Safety Committee Meeting. � Motion by Wright to receive the minutee of the Saiety Committee held January 29, i964. -Seconded by Johanaon. Upon a voice yote� bhere'being t10 naya� the motion carried unanimously, � COMMUNICATIONS: BUILDING INSPFCTORt CONTRACTOR'S LICENSE BONDS: � Mayor Nee announced a communication received from the Bui].din'g Inspector regard-ing contractor's license bonda and inqvired of City Attorriey,Sm3th�if there were any problem. City Attorney Smith replied thie was slqueation of�,CouneLl policy� that the matter had been called to hie attention in Auguet orr.8eptember�and a letter had been transmitted from him which indicated he wse in favor oi the build- ing inspector's position regarding contractor's licenee bondds. $e explained the contractor's licensing was something thst many people placed great1importance on, bvt couldn't help but agree that it doea nothing. City AttoTiley��mith'a�ated he knew of no claims that had ever been recovered and the bond a�tuslly�doesn't give any protection and involves a bond premium that has to be passed on. $e-flxrther explained the amount c.ms not exceasive in cost and had some ppychological value. Mayor Nee inquired if the bond were for the purpose of 'co�itraetor'e compl,ying to the ordinance. City Attorney Smith replied it purported to require the contractor to comply to the City ordinance. Councilman Johanaon a�ted that a great many things had been pasaed at the time to defend the home buyer. - Councilman Wright requested the opinion of City Engineer Qureehi. Ci�y Engineer Qureshi replied he had no opinion on the matter� th'at he had�ahecked With four communities and three of them did require contraetor's bonde�"St. Anthony Village _ did not and whether the City Council wanted to make the eontractors come in and sign papere and get some ecreening mas their decision'. He iUrther'stated that engineering wise and 7��lly, there Kas no problem. 'Councilmah Johanaon etated he felt it was a condition of the Ci�y or Village it related'�to� that yeare pre- vious they h�d had mveh open land and some reasonably priced contractore.in the village, so the City Council did protect themselvea in thie-'way hpt that today with Fridley being built up and with very,high claes eontra�tora working�in the �ity� they probably didn't need the contractor's bonda any lOnger.,"He flarther asserted this wae a good procedure at the time it wae put in: 'fJ.'tae City'Manager stated it was primarily a legal matter� that it was poseible the City adminis- tration, could through ite 3nspention and its code, protent the-individual on the structures themselves, that the only problema had been on Piniahing. �Mayor Nee replied this might be because the bondin� company had acreened out the less de- aireab]e builders. City Attorney Smith etated he didn't think thie was so. Mr. Nagel� member of the Insurance CoffiuLttee� expleined to the Q3tiy Council that every one couldn't get a bond but did agree that these bonds are juet eomething extra and they were not guite right. He Yurther explaYned that ii'a contractor'works in five ar six municipalities he has to take out that many'bonde which means an expense. Mr. Nagel stated he was in iavor of the method ueed by the State of Minnesota, that they license a person and they have to take'en examinatioa� that bonding has more or lees eliminated the contractor'a that dida't',have any finan- cial st�Uility. City Attorney Smith stated he had euggested to Bu3lding Inspe- ctor Jensen i.hat he was of the opinion that he should write a letter and have the matter,brought to the floor to find out whether the C3ty Council wanted this change in policy, that application letters are due to be mailed to contractors �qd he could say he eontemplatea that bondp will not be required and he could dsaw Up the ueCe�6sar� oY�d3nariae. � ��. l�-� . I � � . , Motion by Johsnson to authorize the City Attomey to draw an ordinance reacind- ing the order for honds requ3red for contractors. Seconded,by K],rkham. Upon a voice vote, there being no nays, the motion carried vnanimouely,° FRIDLEY COVGNANT CHiJRCH: SPECIAL ASSESSMENTS: � ' � � �iy I ' Mayor 1Pee announced a co�unication from the Fridley Covenant Church regarding a ten year epread for apecisl asseaemente and stated it was e reasonable request. The C1ty Manager explained to the City Council the church did already owe one year but th§'me.tter could be taken care of and spread to ten years. The Finance Officer explained the church in queation is located in s new plat and the assess- menta arel;paqable in one year and this is tax exempt property. He stated if the 'City Cpun'cil wished to allow the chvrch a period of ten years on aseeasments, this would be'a ¢ouneil decision� that the church would be priying �.n�erest on the unpaic� balance and thie then wae eomething that �eeded the approval of the City Council; ftitrther� that the property is not on the ta�c rolls and is billed by�the,,C3�y,eacH year. He explained if the assessment had been apread� the se- cond payment would now be due. Motion,by Kirkham that the requeet by the Fridley Qovenant C?jurch for a spread on,asaeeementa be granted� the spreafl on assessments to be over a period of ten years., $econded by Wright., Upon s voice vote, there being no nays, the motion �earried unanimously. � � � LEAGt7E OF WOMEN VOTERS: PLANNTNG: � � � , , � � Mayor ,Idee ann,ounced a eo�ounication received fY�om the League of Women Voters re- g4rding augges�ions on planning for the City of Fridley and stated there were two iteme �o consider� one being the sign control problem and other requirements for parking. 'Phe City Manager replied thia item could be placed on the Agenda for the,Planaiag Co�iesion meeting of February 27th. Councilman Wright stated thie wsa eometh3ng the City Council could get some precedent from the League of Women Votere on:' Ma.yor Aee explained� to his knowle$ge, they hadn't converted any older�hpmee,to two family dwellinge and was told this was so, that thia par- tieulsr quea�ion had not been raised as yet but it was recalled any home that is 15 3'eare old and hae 1200 equare feet can be split into a duplex or two family dwelling and it gives no requirement for parking. It was stated a member oi the ; League of Women Voters had spoken on this item to Mr. Charles Sohanson, member , of the Planning Co�iseion, and he had thought it might be something to consider in the future. Motion by Wright to refer the communication Yrom the League of Women Voters in ite entirety �o the Planning Co�iseion with special reference to tot-lots re- qui�emente on apartmenta and eign control for their conaideration. Seconded by Kirkham. Upon a voice vote, there being no naye� the motion carried unanimously. NIMLO: UTILITY LEGISLATION: Mayor Nee announced a co�unication from the National Institute of Municipal , Law Officera regarding ut311ty legislation and stated it was a matter oY interest, also a letter',fsmon the firm of Hsll� Smith, Hedlund� Suster� Forsberg and Merlin in the eame regard. Councilman Kirkham requested that City Attorney Smith ex- plain the',item. City Attorney Smith explained it appeared that the NIMI,O Commit- tee was coacerned about coneumer'sutility rates and had been a kind of watchdog over it and Mr. Rhyne� Chief Covnsel and President of NII�4L0 had given this com- mun3eation to all municipal attorneye and suggested they attempt to do somethin� about it, He Purther explained thie was a piece of ta�c legislation that would allow tax payment that would increase the coat to the coneumers on utility rates and it wae un�air to the,consumere� according to Mr. Rhyne, and he suggested an appropriate proteet be made. Mayor Nee stated he felt they could send a letter and merely draw to the attention of Senator MeCarthy who is in the Senate Finance r Covrmittee� without necesearily taking a position on the matter. I ICouncilman Wright etated the Ta�c Study Group would be intereated in this item and explained theee'are proposed changes in federal tax law that would permit util- ities unlike other buainesses to omit coneideration of their savings by Piling a coneolidated tax return to omit this in consideration of rate setting. He further explained �hie wea giving them an additional eavings which they accomp- lish through their attorneye and ta�c laws and don't peas this onto the consumer and it is aon�sary to the tradition and precedeat of public utilities. Council- man Wrigh� etated it was very clear to him the City Council should make a protest. Motioa by Wright to iorwar�i co�unication from the National Institute of Municipal Law Officers to 6enator Eugene McCarthy with a cover letter calling attention to this legielat3on. Seconded by Kirkham. Mayor Nee suggested it would be appro- priate to aerid the same co�unication to Senator Humphrey and Representative MacGregor. '�' )� � Motion by Wright to amend prev3ous motion to include the'names of Senator Humphrey and Repreeentative MaoGre�or, Seconded 6y Kirkham. Upon a voice vote� there be- 1n� no nays� the motion carried unanimoualy. �'!� ,' � , � � VTSITORS: �� Mayor Nee 3nquired if there were uny viaitors preeent �+ho wiahed to be he&rd. There we�e none. � � j � �� � �. i 31 Councilman Johanson stated the Ta�c 8tudy Group had requested'a'ebpy of the pro- posed agenda and inquired of the City Manager if thia could�be arranged. 'The City Manager replied he would be willing to aend out,ti�e fisat tWO�efleeta bixt -' not the balance oi the Agenda. A member of the Tax 9tudy (3r0up ei6ted�,this would be of no interest to them� that what they were interested in was what,the City Manager gave the press in order to be'able�to give'en acourate report'to their group and they didn't have any knowledge'oY what wea going on. "Cotlneilme.n Wright inquired if they had the two front p�gee oi the AgendaCbeforeksn$}if�tiiejv^couldn't obta3n Lhe information they wiehed. Councilman Johanaon•inquirad,o'ii�he'mambera of the Tax Study Group present if these pagea of the Agenda p1Ue a abpy of the minutes would be satisfactory and was told it would, The City,Manager stated that he had offered� at any time after a meeting to go over ,the entire'�agenda with members of thia group. The City Manager explained that� at the present time, he released about 60 copies oP the minutes and they'oould'authorize him to release a copy to this group even though he didn't feel the''minUtea�ehonld go out before the City Council had an opportunity to approve them; � � Motion by Johanson to authorize the City Manager to provide for"the Tex Study Group an advance copy oY the Agenda and minutes of previous',meeting to be'aYail- able at the Police Station on the Friday previons'to"meetingsG:' ,5econded by'Wright. Upon a voice vote, there being no nays� the motion carried unanimously. CLAIMS: Motion by Wright to approve the payment of General Claims'#18J5 through #1972. Seconded by Johanson. Upon a voice vote, there being no nays� the'motion carried unanimously. Motio�l by Kirkham to approve the payment of Liquor Claima �60�3 through #6�5�F. Seconded by Wright. Upon a voice vote� there being no naye'�'"the moti'bh'`�arried unanimously. �`' � Motion b,y Johaneon to approve the payment of Public Utilit3ee Claima #3085 through #3114, Seconded by Wright. Upon a vo3ce vote� there being np nays� the motion e�rried unanimoualy. LICENSES: Motion by Wright to approve the issurance of the i"ollowing lieensea; ELECTRICAL A. J. Prince Electric 322 �. Cottage Avenne St. Paul� Minnesota Wmtherly Electria 547 - 7th Street Elk River, Minnesota GAS SERVICES Ace Heating Company 8000 Clinton Avenue South Minneapolis 20, Minnesota Stu Rothgeber Plbs, da Htg. Co. 2265 Oakwood Drive New Brighton� Minnesota by: John A. Prince by: Wm. Weatherly� Jr. by: Eric B. Holland by: Stu Rothgeber � NEW 1qEW ' i � , . , li; . +NEW ' � �i , i � NEW �, . ���� . ��„ � � � �, �� cErr�xaz,° co�►e�oa , Roland L. Er3ek's'on 1910 Lowry,Avdnue I�orth Minneapolie:ll, Minneeota HEATING � -- . � Ace Heating Company 8000 Clinton Avenue South Minneapolia 20, Minnesota I � Stu Rothgeber Plbg. & Htg. 2265 Oskwood Drive New Brigh�on��Minneeota � �u�zxa by: Roland L. Erickson by: Eric B. Holland by: Stu Rothgeber M4�:9 NEW NEW Stu Rothge6er Plbg. & Htg. 2265 Oakwood'DrSve New Brighton,;Minnesota by: Stu Rothgeber NEW Seconded,by Johansdnl Upon a voice vote� there being no nays� the motion carried unanimouely., �i � � � � The questioa Was'raieed regerding the location of the application of the used car�lieense And;,the�F'inanQe.Officer replied it would be a new licenae on the lot next to Terry!s Clula on University Avenue on the South side. � Motion by Wrightrto table the uaed ear license request by Mr. etnd Mrs. Sylvan Holen of 58�+1 Weat Moore Lake Drive in Fridley and instruct the City Manager to obtain fl�rthe'r 3nformation on same. Seconded by Kirkham. Upon a voice vote, there being no'naye� the motion carried unanimously. PETITION #5-1964: „ Mayor Nee anaounced the receipt of a petition for construction of 52nd Avenue Northeaet running fY�om Taylor Street N. E. to Highway #65 on Lot 6 and the North edge of Lot 7� Auditor's Subdivision No. i53 and stated there was a questi�n if this petition was sufYicient or not. The City Manager suggest�d the City Council couldireceive the petition and authorize a preliminary report on same. i' Motioa�by Johanson to receive and refer to administration for processing Petition #5-ig6k•�'' Seaonded by Kirkham. Upon a voice vote� there being no nays� the mo- tion �earried, unanimouely. i i ,� , ' CONBIDERA'PION'OF CONTRACT FOR CONSULT7NG SERVICES: � n �� � _ Mayor Nee stated the item under conaideration was the contract for the servicea oP the coneUlt3ng engineers and requested the City Manager diecuss the item brieily,. The City Menager explained "the changes that the City Council was in- tereated in euch ss Article #1 which etates the employment ie mnexclusive and may pa terminatefl at the will of eithe'r perty� preliminary investi�ation such es when `a�plat was'ret'erred to the conaulting en�ineer because they had the mat&rial on�etorm dreitiage. He f�rther explained� at times, the Council had asked for advioe,bePore they would order a preliminary report and.this was also eet up. Maintenance� errora and om3ssione� coa�issions and the use of City employees was explained. The City Manager stated thie contract Was agreeable to hir. Comstacic of Comstpck and Davis� Inc., consulting engineere and it could be recoimnended to the City Council as a satisiactory agreement for a consultizig service. Couneilman'Kirkham stated that a's he attderstood the contract, it was a�eneral type contract and inquired if the City Council chose� for any reaeon to hire anotrher Yirm� wonld thia firm be intereeted in comin� in. The City Manager re- plied this eould be done for any given particular job. Councllman Kirkham in- quired that as the eontract was non-exalusive, what the advantage was of having this gener'al contract. Mayor Nee repliedit spelled out the reaponsibilii�y of A x �) i�+ �V r the engineers. The City Manager explained that everytime the City Councll order A preliminary report� they designAted the engineer for it and!thia contract would give a basis on which to operate not only on epecific �obe but in between when the city needed some aselstance. Counailman Kirkham s�ated+rthia could be the pattern o£ the contract they could uae for any particular problem'where tihey would need the services of a consulting engiaeer and they aould adopt thie^contract with anyone rather than picking one firm at the present time. The City�Manager re- plied that would be different, that this gave the City a coneulting firm'to'�se in between meetinge when they hadn't the facilities or the time to do''eny given job. Councilman Wright stated Councilman Kirkham's queations raised'o�e;appl�cation that in�erested him and inquired if the terms of this'contraat �eTe of the,-kind that any consulting firm would take even on a one ahob basie'pr bnly',acaept�these ` i£ they were designated. Mr. Comstock replied the latter would be'the case. Councilman Wright atated there were terms in this contract��he� �ouldn't sell to just anybody. City Attorney Smith explained to the City CounMl 'they had attempted to incorporate items in this contraet that had come up during`the laet'year� the= responsibility, the o�nership, what is performed, how questione oi responeibility are handled and the etandards of work to be applied; Yurther� they had'found out of experience, theee thinge w�re important to hold down. ' � _ . . � , ��,i, r Mayor Nee inqu3red if Mr. Q"6mstock� consulting engineer� wiehed"'to�addrese him- self to the City Counoil. Mr. Comstoek replied he didn't i'se1 3t"wag"neaessary, there was an exiating contract which didn't cover the word non-exclusive and they served at the wish of the Council. Mayor Nee stated the.�eontraat vae�rtell drawn end had c�dvantagee for the City; it had clerified other problems extd was sensible, the largest deviation from the previous agreement wae moving of the consulting engineer under the direct eupervision of administratiom and City Engineer,rather than the City Council and this was a major change. Couneilman'Kirkham,etated it was his opinion the City Council should defer the matter until the entire council was preseni, before they adopted such a contract and stated he felt they needed all five members present to make such a change. Mayor Nee stated there''was,no pro- blem in postponing action. Motion by Kirkham to table considerationof contract for coneulting @ervices to a special meeting to be called or to the first meeting in Mareh� whiehever oc- curred earlier. Seconded by Wright, Upon a voice vote� there being no nays, the motion carried unanimonsly. _ " ,,�,�; REPORT ON CONSULTANTS FOR S&SS �24A.AND �'24B: �, , � � � , � �� �� Mayor Nee announced the item under consideration was a report rega5ding consult- ants for projects in question. The City Manager explained to the City Counoil they had contacted three en�ineering firms� two of which refused the C3ty because of a possible conilict and the other because they did not wish to do the work� that the Howard R. Green Co.� had said they would consider auch an lnveatigation but stated they wanted to con�ult with the consulting engineera priox' to acaeptanoe. He further explained he had met with two firms, that the Howard R. Green Co.� had sent a partner and stated this man would do the work and it would be Pa3rly ex- pensive. Mayor Nee etated he thought they were obliged to proceed�.; A meeting had been held� the City Mannger explained, with Mr. G, R. Hotchkias'oY thie firm and he etated he could recommend them, The City Manager preaented,to the Ci+ty Council brochures from the Howard R. Green Co.� and told the Council the�major- it9 of their experience had been in sanitary sewer Work. . Motion by Kirkham to authorize the employment of the Howard R. G�een Co.� and proceed according to the reco�endationa of the City Attorney in liie letter dated December 12� 1963 regarding Storm and Sanitary Projecta No. 2�+A and'No.'24B. Seconded by Johanson. Upon a voice vote, there being�no nsyey'the mo�tion carried unanimously. � " I�, �, . i � � � � CONSID�RATION OF LEASING OFFICE BPACE: „" Mayor Nee announced to the City Council the consideration of le�eing,o�ficespace. The City Manager stated he had two leeaee as had been mentioned in the�agenda of thie meeting� the lease with Wally and 3ue Miskowic at 370 Misaisa,ippi Street Northeast for library apace at $125•00 per month and aseeseor�s of"Pice apaae and civil defense office for $175.00 per month and explalned thie7wae��75.00 additional for a room that the Civil Defense Director had requested. � The other lease� he �� explained� wae Por the basement as di'scussed before �f the Madsen Building in the amount o� $7q.00 per month and is renewsble by the City through 1966. He further stated he eould;secol�end these two leaeee for space and they did get additional space for��15:� per month. . Motion b� Wright �o authorize the execut�on of the two leasee� as described� for apece ia,the.Bueiaee9 and Prbfeeaional Building and the Madeen Building. Council- man Johaneon inqtlired'oi the City Manager if in his discueeian with Councilman Sberidan� }xe ha$ been in favor of the leases. The City Manager replied Covncil� man Sheridan'had said the reason he voted against the motion made at the previous meetin� wa8 that the original Zetter_from Mr. Madsen had stated a month to month baeis rather thBA 6.1�ase. Seconded by Jahanson. Upcsn a voice vote� there being no naye� the motion carried unanimouely. Mayor Nee explained for the information :;of thoed:preeent'thie would move the'drafting section to the basement in the Madeen�BuSlding next dbor from the Busineae and Profeeaianal Building vh3ch was e.n improVement in euperviaion and control of the Engineering Department and adds apace in the Bueiness and Professional Building for Civil De�ense. � The City Manager stated he had been in contact with Mr. Fred Levy of the Holly ShoppingtCenter regarding Council consideratmon oi a proposed liquor store, that - Mx. Zevy"'ked coneented to be present this evening and as Councilman Johanson had questioned the Width of the building, Mr. Levy had brought a sketch of the 20 foot wide b� 120 ioot long building. Mr. Levy presented sketehes of the pro- -poaed bvilding�and explained in detail the plans regarding eize and area requixed .for the propoaed liquor atore, Mayor Nee inquired of Councilmen Wright that as he had mentionad he would not be able to be present at the next regular meeting oi the City Council if he would be 3n favor oi the plan diecussed. Councilman Wright rep],ied,he would be in favor of the p1an, Mr. Levy was requeeted to re- tnrn With a prqposal Yor a 25 foot wide store, 100 feet in depth approximately. Councilman Johaneon stated he had already requested that Liquor Store manager MeGuire obtain aoets oi moving and putting in inter38r oY new store in order to know if it were feaeible. APPOIPTTMENT: _� � i � Mayor Nee announced.the coneideration of aclerk-ateno appointment. The City Manager explained'to tl�e City Council the peraon in queetion wae young but very effielent and tha,appointment wae recommended. Motion hy Johanson to concur with the City Manager'e recommendation and approve the following appoiatment; NAME POSTTION SALARY R�PLAC�S Gzetchen Peterson Clerk- $262.00 5715 Jacxson St, N. E. Steno per New Fridley� Minneeota 55421 Public Worke month Position Engrg. Dept. Seeonded by Wright, jipon a voice vote� there being no nays, the motion earried unanimously. REPORT OIQ IfNESTMENT EARNINGS: � i , , Msyor Nee,aRnouACed the receipt of a memo from the Finance Director regaxding a report oa investment earninga for the year i963, co�ended Finance Direetor � BYUnsell for his work and requeated the City Manager explain to thase present what had beeA d"ot�e. The Ci�y Msna�er etated these We�e inveetment earnings on temporarilq idle funda in 1963 which amounted to a total interest earned of $105,606.81 and explained the funds and amovnts earned in detail. Mayor Nee stated tlie fVnds that were idle but committed had been invested by the Finance Direetor and thia wae the amount of accumulated earnings. , Mayor Nee etated he wiehed to have made;e part of the record the cor�endation of the entire City Council for the work Finanee D3rector Brunsell had done, , �. �soLV�rioxs �a5-i964, #26-1964 SPLITTING 3PECIAL ASSESSMENTS: d Pb r Motion by Johanson to adoptiRE3�LTJTlCON,y��25-1964 authorizing and diraet3ng the eplitting of �pecial aesesements on Pareele 1320, 1360� and!137Q�'Auditor,!e 5ubdivision #21. Seconded by Wright. Upon a voice vote� there'b�ing no nays� �he motion carried unanimously. � ��,. �i�, �^ i, Motion by Wright to adopt RESOLUTION #26-1964 authorizing and direating the splitting of special assesements on Pareels 160, 200, 240-and 300,',Au$itor's Subdiviaion #108, Seaonded by Kirkham. Upon a voice vote�.;there being no nays� the motion carried unanimouely. OTF�R BUSINFSc: Mayor Nee stated he wished to inform the City Counci'1 ,the trip the City Manager and he had taken to New York had been aucaessful, that it wea impossible to ' know just how succesaful, but they had had very favoraffiae ¢o�tunicatione since their return end had been told it was the only time a preeentation�such as the one they had made had ever been received. In explanation he informed the City Council they had made a elide film on matters of intereat and had-gone,in with a good show. He atated he felt�,they had tnede a rather,extane3ve,imp�te9�ion on the bond representatives in New York. The City Manager atated�he,Wiahed�to ex- plain to members of the City Council.the,presentation was the Mayor!s.. He fur- ther stated he had made the presentstion of the Mayor's wosk. Mayor Nee stated he felt the trip was a eucaess because the bankers in Ne,W York $id have'a die-' torted view of Minneeota bonds end that it had Ueen well worth doingiand prob- ably ehould be done again. � � � i,��,' � .,'+ �. ADJOURN: � There being no further bueiness, Mayor Nee declared the Meeting adjourned, ' Respectfully s�ibmitted, , r , Sue iskawic Secretary to the Counoil �,(�" "`ti`�y� V � Mayor, Willie . Nee;.j I � ,i�, , .. , � ftEGT7Ll1R CITY COUNCIL MEETING - FEBRUARY 17� 1961+ A regular meeting of the Council of the City of Fridley wae at 8:03 P.M. by Mayor Nee. ROLL CALL: Members Present; Nee� Johanson, Kirkham Members Absent: Sheridan, Wright r, . � ,r<, , i �, r , , aalled''to order „ � ��, ', , � � � � � APPROVAL OF MINUTES - REGiTLAR MEETING, FEBRUAR'l 3, 196�+� ,, ' " Motion by Johanson to a�prove the minutes of the Regular Meeting of,Febr�uary �, 1964 as prepared and received, Seconded by iCirkham. Upon a voice vote� there being no nays, the mo£ion caxried unanimously. ', i� "'"�'�„'' '