06/02/1964 - 00022710���
Respectfully submitted�
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.� �.�_ �.�.��� _
'Sue Miskowi William J. N�
Secretary to the Council Mayor
REGULAR COUNCIL MEETING - JUNE 2� 1964
A regular meeting of the Council oi the City of Fridley was called
to order by Mayor Nee at 8:07 P.M.
ROI,L CALL:
Members Present:
Members Absent,:
Neey Johanson� Sheridany Wright, Kirkham arrived
at 7�:15 P.M.
None
APPROVAL OF MIlVUTES - REGLiLAR MEETING, MAY 18, 1964:
Motion by Johanson to approve the minutes of the Regular Meeting of
May 18, 1964 as prepared aid received. Seconded by Sheridsn. iipon
a voice vote, there being no nays� the motion earried unanimously.
APPROVAL OF MINUTES - 5PECIAL MEETING9 MAY 27, 196�+:
Motion by Sheridan to approve the minutes of the Special Meeting of
May 27, 1964 as prepared and received. Seconded by Wright. Upon a
voice vote» there being no nays� the motion carried unanimoUSly.
PUBLIC HEARINGS:
PUBI.IC IjEIARING ON ASSESSMENT - ST. 1962-1, i962-2:
Mayor Nee announced a publie hearing on assessments for Street
Improvement Pro,7ects No. 1962-1 and 1962-2 and stated it might
serve the purpose of the hearings to have the City Manager explaip
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about the purpose oi the hearing ,7ust briefly to determine the benefit
that accrues to each piece of property and the home owner has the
opportunity to take issue with that determination if they wish;
if they have any doubts they should put themselves on record as objecting
and this provides the foundation for legal action against the determination
later. `Phe City Manager explained to re$ch the stage of the public
hearing on the assessment roll, the Council has received a petition
� for an improvement and it has been ordered; the procedures were
explained and it was stated that following this the contract�yr is
finally awarded the bid and the job is complet�ed. The City Manager
ilarther explained the first hearing was for 1962 streets and it was
initiated in 1962 but not necessarily completed as� by the time
the City Clerk's office had all the figures, it was too late to hold
public hearings and give the roll to the County and thas was the
reason it was being held now. He stated the City Council would listen
to objections or approval and the residents would be given tihe actual
assessment if they so wished to know it, that it could be obtained
from the Clerk's office and they would give the residents a general
idea. He explained the roll is then presented to the City Council
for approval. It was mentioned the council would now listen to
objectors and the na�s of such would be entered into the record.
Mayor Nee reqUested the City Clerk give the residents information on
the formula used to arrive at the present conclusion. The City Clerk
explained that� generally, the policy was that on street surfacing
the assessable footage is computed by the Yront foot or the width
back at the building setback line and the corner lots are charged for
one-third of the side in addition to the front, Ae further explained
that on asphalt curb streets are spread over five years and on concrete
curb and gutter the cost is spread over ten years and the exceptions
to both of these would be on new plats and these are payable in one
year. The City Clerk explained they had brpken the cost of some of
� the streets out from the bu11c of them and these did have special
problems such as compaction which the other streets did not have,
that a11 of the streets that could be are lumped together and would
have the same rate. The question was raised regarding any lots that
have not been split. The City Clerk replied these had nat been taken
into consideration.
The Git,y Manager read the o£ficial Notice of Hearing oi Assessment
for Stxeet Improvement Project No. 1962-1 and 1962-2. Mayor Nee
announced� for those nresent� they would take the items in order to
a11ow everyone to be heard.
Curb on Central Avenue
Mayor Nee announced the consideration of the curb on Central Avenue.
Mr. Utter of 6084 Woody Lane inquired regarding this assessment and
stated he had talked to the City Nfanager about it, that at the time
this was put in they didn't have a City Engineer and Darrell Clark
y�as taking care of this job� that 3t was a good job but he had ob-
�ection to being taxed on both ends oi his property. He further
stated his neighbors are not in favor of splitting it eitiher and
he had talked to the City Manager in this regard and to the City
Clerk regarding the taxes. A9r, Utter explained to the City Council
he had a ditch about 25 feet deep and the County Engineer deliberately
put a three foot culvert in the middle of his property and he was
� being forced to pay ta�ces on it. He further er,plained that at the
time the culvert was put in Mr. Clark tried to get it changed and
the County Engineer did not cooperate with him either. The legal
description to Mr. Utter's property was given as Lot 6� Block 2�
Councilman Wright stated to Mr. Utter his lot was more than twice
the size of an average house lot. Mr. Utter replaed that it was
300 ieet deep and he could not do anything with it� that it had been
a swamp previously and he had tried to get a drain or snow fence put
in thexe hut a storm sewer had been put in and the County had put
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in a culvert throught the middle of his property that goes across to
the new road. Conncilman Johanson indicated the minutes oi the
meeting shauld show that the City Engineer should check on this
section of property. Mayor Nee stated the minutes were noted that tYe
City Council would request a report with possible view of deletion of
assessment.
57 1�2 Avenue from 2nd Street to 2 1�2 Street
Mayor Nee announced the consideration of 57 1/2 Avenue from 2nd
Street to 2 1�2 Street and inquired if there were anyone present
��ho wished to be heard in this regard. There was no one present in
favor of or in opposition to the assessment.
Streets in Bourdeaux Plat
Mayor Nee announced the consideration of the Streets in the Bourdeawc
Plat and inquired if there were anyone present who wished to be heard
in thYS regerd. There was no one present 3n favor of or in opposition
to the assessment.
52nd Avenue from Taylor to Buchanan:
Mayor Nee announced the consideration of 52nd Avenue from Taylor to
Buchanan Streets and inquired if there were anyone present who wished
to be heard. There was no one present in favor of or in opposition
to the proposed assessment,
Onandago Street
Ma,yor Nee announced the consideration of Onandago Street and inquired
if there were anyone present who wished to he heard. There was no
one present in favor of or in opposition to the proposed assessment.
- Svlvan Lane and North: Satellite Lane - All: Juniter
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Mayor Nee announced the consideration of the areas on Starlite
Boulevard� Satellite Lane, Jupiter Drive and 3rd Street and inquired
ii there were anyone present who wished to he heard. There was no one
present in favor of or in opposition to the proposed assessment.
4th Street from 59th Avenue to 60th Avenue
Maqor Nee announced the consideration oi 4th Street from 59th Avenue
to 60th Avenue and inquired if there were anyone present who wished
to be heard. There was no one present in favor of or in opposition
to the proposed assessment.
Jackson Street - Mississfppi Street to Ke
66th Avenue -
Mayor Nee announced the consideration oP the areas on Jackson Street
and 66th Avenue and inquired if there were anyone present who wished
to be heard. There was no one present in favor of or in opposition
to the proposed assessment,
Jackson Street - Mississippi Street to Bennett Drive
Mayor Nee announced the consideration of Jackson Street from Mississippi
Street to Bennett Drive and inquired if there were anyone present who
wished to Ue heard. Mr. Jerome Polkey of 810 Mississippi Street was
present and stated he lived on the corner of Mississippi Street and
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Jackson, that when they dug the street they went below the grade and
the sides of his property are caving in and inquired what could be
done about it. He further stated he had known people to get partial
repayment ior a part of the damages incurred. The City Manager
informed Mr. Polkey it' he had any damage to private property� he
should make a claim to the City in writing� that as far as the city
right-of-way� it is replaced according to the grade of the street
� but as far as damage to private property, they could make a claim
through the contractor. Mrs. Po]key inquired if anything was going
to be done about the bank. Mayor Nee replied the identical thing
had happened to him along his street and requested an explanat�on
of the City Mana�er regarding grades. The City Manager explained
they had to put the street at a predetermined grade because water
and sewer and gas lines had been put in the right-af-way and unless
something had been put in wrong the grade is already establlshed.
He further explained the city, in doing this, stays on the right-
of-way and they could not go back in and adjust any private property
to the new street when finiskaed� that the property owner has to meet
the grada. Mrs. Polkey replied that in other words, they paid to
have the streets and curbs put in and then they had to pay to have
their own property fixed. Mayor Piee stated if the City would do
all this work back into the 1and� it would simply 6e assessed back
to the home owner again as part of the pro,7ect, that in the past
they had always left this as the responsihility of the home owner
and it was better if the home owner did the work. The City Manager
explained that several years ago on a water and sewer project� they
had taken bids replacing the sod on boulevards and the prices were
so iantastZC, they had deleted it from the contract. Mayor Nee stated
the city did not make the transition.
- 6�+th to Mississippi Street, 64th Avenue Railroad Ri�ht
, Ma,yor Nee announced the consideration of Ashton Avenue from 6�+th to
Mississippi Street and 6�+th Avenue from the railroad right of way
to East River Road. Mr. James Braziel of 110 - 64th Way Northeast
was present and 3nquired why they had bituminous curb on the street
when they had requested concrete and were promised concrete, that
this curb was of no use as it was being broken up. He further stated
Councilman Johanson had promised they could get concrete or bituminous
and they had wanted concrete curb. Councilman Joha.nson replied Mr.
Bra,ziel had told him if they could get the street cut throu$h, they
would go along with blacktop and had atated, at that time, it made
no difference what kind of curb was pnt in, that he didn't recall
promising anything in the way of blacktop or concrete in curb or
gutter. Mayor Nee stated that this would not be entered into the
records as an objection as the resident was not opposing the
assessment.
59 1/2 Way - East Aiver Road to Anna Street
Mayor Nee announced the consideration of 59 1�2 Way� East River Road
to Anna Street and inquired ii there were anyone present z�ho wished
to he heard in this regard. Mr, JoHn Hayes of 5930 East River Road
was present and inquired regarding a notiee he had received. He
stated it was claimed an all new pra,ject should be paid in 30 days�
that when he nad moved in� the area he liued in was called Hayes
� River I,ots� now there are four apartment buildings in there and
they now told him he had to pay for his assessments in 30 days.
The City Clerk replied there was probably a misunderstanding, that
they had sent out notice regarding the 30 day payment without
interest but the assessment on all private property would still
be payable in five years except the developer's payment. Mayor
Nee explained to Mr. Hayes if he wished to pay the assessment
without paying interesta he would pay it in 30 days and if he
wished to have city financing� they would finance it for five
years at 6�, that he had the option of one or the other, Mr.
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Hayes asked what the charge was. Mayor Nee replied it was $4,36 per
front foot and Mr. Hayes had 200 feet� that if he was referring
to Lot 1 of Block 2 in Hayes River Lots, the record would be noted
that he wished to nave it financed over e period of iive years.
Mr. Hayes inquired if this was the correct amount� also� that the
City had an easement and inquired who would be paying for that.
He further e�plained that when the abstract was made out, there was
an easement across his property. Mayor Nee explained ihat� generally,
whenever an assessment is spread the easement is included, mainly �
because the resident has the use of it even though he might not be
able to build on it. Councilman Johanson inqaared ii this were a
utility easement and was told it was. It was explained by Councilman
Sohanson that the land actually belonged to Mr. Hayes. Mr. Hayes
replied 3�e had to pay the assessment for something the City could
go in and use anytame they wished to and was told this was true,
that the,e easements are for a purpose such as stringing power
poles� etc. Mr. Hayes replied if it was a utility easement� the
city should pay for it, Mayor Nee informed Mr. Hayes that at some
time or other� the owner of the property was paid for it and if Mr.
Hayes wished to contest the assessment and felt it was not an equi�-
able benefit to has property, they wovld be happy to hear him.
Charles Street - East River Road to Anna
Mayor Nee announced the consideration of Charles Street from East
River Road to Anna Street and inquired if there were anyone present
who wished to be heard. There was no one present in favor of or in
opposition to the proposed assessment.
Riversedge Way
Mayor Nee announced the consideration of the area known as Riversedge
Way and inquired if there were anyone present who wished to he heard.
Mr. J. T. Ranger of 132 Riversedge Way stated his legal descriptio n '
iaas Lot 20; Bloek 1 and wished to know the price of his assessmeut.
Mayor Nee replied it was $477.00, Mr. Ranger stated he could not
❑nderstand having to pay a penalty and having to help absorb the land
across the street because someone owned a corner lot. Mayor Nee
replied the entire problem of establishing benefit was qUite argu-
mentative, that it could be said Mr. Ranger used the street as mueh
as his neighbor and it cost more and all kind of arguments could be
made, that for many years the Council had iollowed this formula and
it was established years past to give an equitable distribution of
costs, tUat, in reality, the resident was payirig for access on a
paved street. Councilman Wright inquired of' Mr. Ranger that supposing
hie pie shaped lot came down at the foot of the driveway; didn't he
feel he should pay more than that lineal footage� that the policy
is always used consistently and there is always the same break
given to residents. Mr. Ranger replied they were paying for extra
footage on a pie shaped lot and inquired if they should pay £or extra
foot2ge across the street a1so. Councilman Wright replied there
was 2�3's of the side yard spread over the entire project. Mr.
Ranger replied they were part of the entire project plus the3r extra
deep lot. Mayor Nee stated this was a policy that made an attempt
to be equitable throughout the eity. Councilman Wright stated that
on Mr. Ranger's particular lot� if the city were to take the back
lot line and front and average them out, he would be paying more than
he was now. Mayar Nee stated that over many years this was the policy
that had been followed and these are decisions they tried to work out �
equitably and if Mr. Ranger felt this policy did not reilect true
benefit, he was invited tc ehallenge it. Mr. Ranger stated he wished
to challenge it far enough to talk about it. Mayor Nee stated Me
could discuss the item with the City Manager or his councilman. Mr,
Robert Erickson of 164 Riversedge Way inquired regarding the eost
for the street. Mayor Nee replied the cost of the paving and the
curb per ivot was $1+.77. Mr. Erickson inquired if this was regsrd-
less of which street and was told this r�as correct. Cotancilman
Wri�ht explained in the area it was $5,52 per foot becanse there
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had been no base� that Mr. Erickson would be assessed at tihe �i5.52
on the front facing I�Torth and thet figure goes all the way around
�the curb and shifts to the other assessment rate which was �4.7(.
b1r. Erickson stated there was also supposed to be money in escrow�
that he had talked to the neigbors and everybody seemed to have
received escrow except himself. Councilman Wright stated he had
been told when the devP7nper Mark Jones finished some otirners had
� money in escrow an3 some did not. The �ity Clerk statefl they riad
pointed out the lots that had no escrow and there han been no
escrow money placed on Mr. Ericksan's lotr that he did not kno�a
what the agreement was between the builder and Mr. Erlckson.
Mr. Erickson replied there o;as to have been escrow mone,y for his
lot also} that a leg oi his property had ueen left open because
there was supposed to be additional construction. Councilman
Wright indicated to Mr. Erickson it was the consensus of the
Council he should take this matter up with Mr. Mark Jones, the
buaider� and get a clarification from him. Mr. Erickson stated
as this was supposed to be on a ten year basis� who could give
hime the monthly assessment f'igure. The �'inance Director replled
if Mr. Epickson would come in the following day� they would give
him the figures. The City Manager informed Mr. Erickson the
approximate first payment would be about $100.00 and ?t would
reduce by about �`4.00 per year. Councilman 4dright explained the
total principal is taken and is paad off �n equal installments
and the interest is lowered each year. N1r. Erickson requested
a verification of the total. The City Manager replied the eni,ire
assessment would be approximately �824.00 and would be about
�131.00 each year.
4th and Sth Street and Service Road from 75th to Osborne Road
, Mayor iVee announced the consideration of the areas known as 4th
and 5th and Service Road £rom 75th to Osborne Road� also 75�h and
76th Avenues from University Avenue to 5th Street and inquired ii
there were anyone present who wished to be hcard ln this -regard.
There was no one present in favor of or in opposition to the uroposed
assessment.
Mercury Drive
Mayor Nee announced the consideration of the area known �s Mercury
Drive and inquired if there were anyone present who wished to be
heard. Mr. Jack Hobright of 241 Mercury Drive r7as present and
stated they had been here two years to have the city put in the
street and asked for concrete curb� that they had money in escrow
and they were to pay the difference in cost between the assessment
and the escrow. Mayor Nee replied that c�hen tihe street was put
in the escrori money they put in was in at the rates charged t�ihen
it was put in depending on when the work was done. Councilman
Johanson indicated if the assessment were paid ��ithin 30 days,
there would b� no interest charged. Mr. Steve Hawrysh was present
and stated 11e didn't, receive any balance on the curbtthe amount of his escrow�
&'tiznt; to be paid. Mayor Nee requested tHe matter be checked with the
P'inance Director, The City Nanager explained a resident pays interest
up until the ti:�e the assessment is paid in ful1. The Finance OFficer
stated they had sent out notices and the figures were on all notices
� includin� the total assessments and the total amount of escrow
deposits.
Sackson Street - 63rd Avenue to South Limits
Mayor Nee announced the consideration oi' Jackson Street from 63rd
Avenue to the South Limits and inquired i£ there were anyone present
who wished to be heard. There was no one present in favor of' or in
opposition to the proposed assessment.
Rivervieza Terrace
Mayor Nee announced the consideration oP Rlverview Terrace anu
inquired if there were anyone preeent who wished to be heard. NLr.
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harold W. Farris of 6210 Riverview Terrace was present and stated
he wished to find out the cost per running footof his assessment.
The Finance Director replled it was $6.43 per foot. Mr. Harris
asserted it had been said tha,t if the street was cut down he had to
take care of it himeelf but inquired what wauld be done about the
zleetric pole on his property. Councilman Wright replied the electric
company would take care oi' it. NLr. Aarris inquired regarding his
taking a picture of this and bringing suit against the City� that �
he felt the City had cut the street down too far and when the Street
�aould be cut through the next street, he rrould be a great deal lower
and would have all the water. Councilman Wright replied when River-
vlew Terrace is cut through it is planned to drain properly into the
ex�st�ng storm outlet. D7r. FIarris asserted there was only 9 inches
can over 200 feet� that he had complained about this at the time it
was going in and the city had taken off about three feet of dirt
and he had wanted a couple o� loads and they wanted $12.00 a load
and it was his own dirt. Mr. Harris flzrther stated he would check
the matter out but wished to go on record as object3ng. Mr. George
Arnold stated he lived on Lot 5� Block 2 across the street from Mr.
Harris and had a question on the concrete curbing. He stated he had
never seen a curb where a person had to drive over four inches oi
drivez�ay to get into his own driveway� that when the curb was put in�
it vaas put in stroight across. Councilman Wright replied this was
called drive-over curbing. Mr. Arnold replied he had already lost
a muffler and it was impossible to drive over this curb. Mayor
Ne�� indicated the administration r�ould look into the problem. Mrs.
Harold Harris of 6210 Riverview Terrace stated she had called in
several times when they �aere putting in the street and was told
the driveway would be leveled down� that every time she drove out she
damaged her car� th�t she had ruined two mufflers and two tailpipes�
the tne city administrntion had faitrfully promised they would do
something and nothing had been done. Mayor Nee inqulred who Mrs.
Harris had talked to. Mrs. Harris replied she had talked to Mr. Brown '
and to Mr. Wagner. Mayor Nee replied the administration would look
into the problem, Mr. Arnold further asserted that on their part-
leular corner� there had never been a street sign put in. Mr. Harris
removed has objectaon to the proposed assessment.
Oakley Stireet - Mississippi Street to 550 Feet North
Mayor Nee announced the consideration of Oakley Street from Mississippi
Street'�o 550 Feet North and inquired if there were anyone present
who wlshed to be heard. `Shere was no one present in favor of or in
o�position to the proposed assessment.
Van Buren - 73rd to 7o'th Avanue; 75th Avenue
Mayor Nee announced the consideration of Van Euren from 73rd to 76th
Avenue and the consideration of 75th Avenue, and inquired if there
vere anyone present, who wished to be heard. There was no one present
in favor of or in opposition to the proposed assessment,
Mayor Nee inquired if there were anyoGher conunents or statements.
There were none. Mayor Nee declared the Public Hearing on Assessment
- Street Improvement Pro,7ect No. 1962-1 and 1962-2 closed.
PUSLIC HEARING ON �UPPLEMENTARY ASSESSA9ENT - S& SS �24 HOLIDAY HII,LS : �
Mayor Nee announced a public hearing of Supplementary Assessments for
Storm and Sanitary Sewer Improvement Pro�ect Number 24. The City
Manager read �he Notice of hearing. Mayor Nee requested the City
Manager discuss the question. The City Nlanager replied the Finance
Director should discuss the matter. The F�.nance Director explained
this woUld be a supplement to Project �2�+ and indicated on the map
the original area assessed for the sanitary sewer main and further
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explained �t was contemplated that the area between that and Rice
Creek could have another eewer main; however this did not happen
and the sewer main for Project �2�+ was not fully assessed and there
was abput �80�000.00 difference for the saniiary sewer and the cost
amd they were assessed the same as the people to the Sou�n plus the
increase in construction costs. Mr. Charles E. Johanson, owner of
Holiday Hills, inquired if the other land that is not included in
� the marked off area rorould be also be assessed additional� this
being the land East of Holiday Hills. The Finance Director replied
he did not know, that would be something the Council would have to
decide. Mr. Johanson stated he was referring to the park. Mayor
Nee replied it was not relevant. Mr. ,Tohanson asserted it was relevant
and inquired if this wouTd be the last assessment on this nro,7ect
or would there be another supplementary assessment. Mayor ldee replied,
as he understooda this is being assessed for a share of a main and
no further assessment would be given for a share of the mazn.
Mr. Johanson inquired regarding the money shown as owing, would this
be obtained elsewhere. Mayor Nee replied it ��ould. Mr. Mike FIafner�
developer of FIoliday Hills stated the,y had run a ma�n line along the
ereek and had paid for it and inquired i�' they �rere entitled to a
reimbursement� that everybody should be assessed and not �ust hlmself.
Mayor Nee inquired if Mr. Hafner was arguin� that he was noti getting
any benefit� that if he had a quest3on on a lot, they could give
him the proposed assessment and if he felt the main eervice was
not worth that they would have something to d�scuss. Mr. Hafner
inquired who pays for the main line and hov� is it assessed, that
the nearest storm sewer is nearly two miles a�+ay. Councilman Sheridan
explained lt is epread on a pex hvndred square foot basis. Mr.
Hafner replied they had just picked on one spot in the whole plat,
that it aas not right. Mayor Nee indicated to Mr. Hafner iF he iaished
to challenge this� what part was he referring to. Mr. Hazner repiied
� his argument *aas that he shouldn't pay for the whole area. Mayor
Nee stated he wasn't and inqulred what part oi the land Mr. Hainer
was referring to� that he did submit this was a reasonable price For
the benefit and if Mr. Hafner washed to take issue, this was his
privilege. Mr. Hafuer stated he had run a main line tihrough his
property and had paid $12,000.00 for it. Councilman Sheridan
explained this assessment is for the main which they consider all
the sewer from 75th to the metering station and the main D7r. TIai'ner
was referring to was in Holidaq Hi11s and dumped water into the
l�rge main. Mr. Hafner indicated that, originall;�, Holiday Hills
was supposed to be hooked up across the creek. Cotancilman Sherldan
inquired if Mr. Hafner 4�as saying the rnain was aversized for an
extension going Last, that it �ras larger than what t7ould have been
needed to carry sewage from University Avenue to Holiday Hi11s.
Mr. Ice Comatocka consu7.ting engineer, stated he felt the point
of difference was on tiie assessment� that tk�is as�essment z�as fpr
the interceptor system and the reason this property had to be
assessed was that it does discharge. I3e further stated at che time
it was canstructed Holiday Hills was just a piece of grour_d �hat
was being thought �bout �nd in that time the front 200 feet �aould
be serviced and the remainder i�ould be servicea otherwise. He
explained the original proposal was along the railroad rlgh�-oP-
zaay but since that time Holiday Hills was platted and the lateral
was supplied by the devcloper. Mr. Comstock further explained
that ar_other matter� the city purchase of Locke Parkr had happened
� and these to�o major events would not require an interceptor ln the I'uture
to service tnis property and at wasn't inadvertently left off� that
the property should be assessed� other�alse it would not ie equivalent-
to the property in Fridley. Mr. Comstock informed Mr. Hafner that
his queszion zaas another question iahich was not before tne Council
at the present time and l�ad nothing to do with this hearing.
Mayor Plee inquired if Mr. Hafner rrished to challenge the assessment.
Mr. Hafner replied he wished to ob,7ect to all of the xoliday Hi�ls
assessment.
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Mavor Plee declared the Public Hearing on the Supplementary Assessment
- S& SS #24 for Holiday Hills closed. Mr. Robert Minder was present
and stated 'ne lived in Holiday Hills� that if Mr. Hafner was successful
in not having to pay for h�s assessment what would happen to everyone
else. He further stated �e was objecting to the assessment unless
eveiybody pays. Mayor Nee replied the matter would be entered as all of
Holiday Hills and this would inelude Mr. Minder's property.
PiTBLIC HEARING ON 1MPROVEMENT - SS {r68:
Mayor Nee announced a public hearing on improvements for 9torm
Sewer Pro,7ect Number 68. The City Manager read the official Notice
of Hearing, also the addendum #2 regarding the project. Mayor
Nee requested the Finance Director indicate the areas on the map
and explain the item. The Finance Director explained the lines
i�ere not exact but they are the Moore Lake Hills area and the
proposed assessment would run up along Hillcrest Drive and the
other area would be up in Rivervieia Heights. Councilman Johansor,
inquired if there were a petition for storm sewer services. The
City Manager replied it had come in at a meeting and �7as Petition
�19. Mayor Nee indicated that before they would begin they had
before i,hem a preliminary assessment roll based on an engineering
estimate and if figures were given� they would be as reliable as
they could make them and thl� is spread on an area basis.
Ely Street - B}ocks J& K, Riverview Heights:
P9r. tidilliam Thompson of 540 Ely Street Northeast was present ob,7ecting
to the a;sessment and stated the street was just a pot hole and only
helps out one person� that the road hasn't been improved sznce 19�+8,
that it has taken all the water and the only water that stood was in
the spring and no water laid there before Mr. Hostetter dug his
basement. Mayor PTee stated Mr. Hostetter r�as entitled to not have
the street water rur. 8nto his property. Mr. Thompson replied he
had lived there since 1939 an3 there hadn't taeen any water� that
he had been trying since 19�+8 to get this street problem s�ttled
and had been down to the Fridley City Hall a dozen times and they
haven't done a thing. He stated he had receipts for the property
and the resident o�as claiming more land then what he has. A resident
stated he wished to agree with Mr. Thompson� that Mr. Hostetter
claims he is aut in the road and "ne had helped Mr, Thompson pay for
a 30 foot lot� that Mr. H�stetter is out in the middle of the road
r�ith the lot lines and he had his own survey to prove same� that
his lot line leaves about eight feet between Spring Brook Park
and Riverview Heights line. The resident stated he had received
no notice and there was no road, that it is a connection they made
to connect Dover to Ely Street� that the city has all the sewer
and water lines in that _road and they had ,7u�t taken it over and
no*a the city iaanted to put in a storm sewer and the residents didn't
need it. Mr. Thompson stated that on this street Mr, Granger had
bought a lot �39 from Mrs. Wilson� tih�t the Village of Fridley had
bought it and turned it over For Lot 43. Mr. Comstock explained
his firm had Ueen direeted to prepare this report by a resolution
from the City Council and the items coverec3 in this report were
only items that were petitioned f'or. Councilmen Sohanson asserted
the Citiy Couneil did not Saant to put in any improvement the residents
didn"z want.
A residenti stated he wished to put in a complaint at thzs time� that
he had talked to Mr. Bob Hughes� the Fire Chief� about the turn in
the road at the�r corner on Ely Street and he had said the roed should
be bigger than what it was and if this resident's hotase caught fire�
they couldn`t get a truck in there and his house would burn down
and that example was the same �or all the houses on Dover Street.
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It was stated Mr. Hostetter nas sand p�les ii� the way. Mr. James
Hostetter was present and stated he had bought a piece of property
and it was a slew area� that the city has easements across his
property to get access to anybody who want to get back to Dover
Street. It was mentioned Mr. Hostetter izves on the corner of Ely
Street and there are easements for the front for any excavation that
would be necessary and {,he legal description af the property ts Lot
� �+3� Block K. Mr. Hostetter clalmed the onl,y part he had i.it7e to
of his property *aas ten feet �nd the city has about 90°� of it an
�aeements� that he can't build anything on it. Mr. Thompson
inquired why Fridley had to get an easement 4�hei� that lot ��a5 paid
for b5� the Grangers� that it was supposed to be a quiti claim deed
turned over to t7e Village of Fridley. Mr. Thompson stated he had
tried to find out and could get no ini'ormatiiona that the iast
time he had been to the City Hall the �ersons in charge had said
they didn`t know anything about it. Mr. �`hompson further stated Tom
Greig� former Mayor� had carried a Qult Claim Ueed to Lot 1, B1ock
K from Sadie Wilson Eor two years and the communiTy had paid for it
had signed For it. Mayor Nee stated that what they were trying to
do at this hearing was see if there was a need for a s�orm sever
and also wnether there is a desire for a storm sewer, He further
stated the question was ii there was a problem for storm sewer,
that it was asaumed this originatied either for water service and
someone petitioned for streets. Mayor Nee �nquired or the residents
if there was a problem of ��ater or streets. Mr. Thompson replied
there taas a problem of streets. Another resldent staL-ed they were
present this night to protest the storm sewer, TL was mentioned
by a resident that on Ely Street during the *,�eek ot May 17th, the
City had unloaded fi1� in the street� tha� there vas a heavy rain
and there wasn't any water standing in the street at that time so it
was certain they had no need for a storm ser�er. Mayor Nee req_uested
a show of hands oF those in Favor of the project and those oppoeed
� and stated the record should show there were no residents in
?avor and ten opposed to the improvementi. The question 4ras raised
o�hy the City couldn't fill in the level and it would elininate all
the water problem as it is only 150 feet long i'rom Dnver to Ely.
City Engineer Qureshi replied that year after year it is a load on
the budget and the bud�et isn't that big� that the problem taas
carried because a couple of lots were built on. Councilman Johanson
agreed that anything they could do zaould be only temporary. Councal-
man Wright explained the City Engineering Department's problem was
that until the street was blacktopped they would be spendii�g a lot
of money dozng partial v�ork and there was a limiti to ho�u much this
department could do. It zaas sta�ed by a resident thati all that Zs
needed in the area is proper grading of the xoad� thaL- there is
enough'dirt and it was something ever,ybady in the neighborhood
-v�ould appreciate. Mayor Pdee assured the residents tnat a member of
the staff would contact some of the residents tio see �ihat could be done.
Meloland Lakevieo�
Councilman Sheridan stated this portion of the proposed pro,7ect
takes in Meloland Lakeview a,nd Moore Lake Hills 2nd r"lddition, that
some members of the Council and himselF hafl revie�aed the area as
described and it was felt that this should only include Me2oland
Lakeview and Gardena Meloland} that Moore Lake Eil1s' 2nd Addltaon
should be eliminated on the South side of Hillcrest ➢rive. The
' Finance Director explained it r�ould be Moore Lake Iialls rather than
Moore Lake Hills 2nd Addition. Councilman Sheridan said the lots
that had received notice regarding thts proposed pro,7ect, which
*JOUld be the Soutn side of H111crest Drive� he was suggesting they
lae eliminated from this pro,7ecti. Mr. William Schilling of 1314
Hillcrest Drive inquired how long this type of elimination would �o
on. Mayor Nee replied this was the purpose of the public hearing.
Mr. Wayne Holte of 1332 Hillerest Drive was present and statied he
wished to recommend what douncilman Sherldan had �ust poanted out
that their area be stricken from this particular Storm seiaer area
and put it into the minutes ai, �:his time and this should clarify
anyEhing that has been said. He further stated it saye in tihe
engineering report there is a question about this and sioulcl
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rc-commend this be put into the minutes that their area be stricken
from this pro�ect and any tuture pro,7ect. Mr. Schilling inquired
if the school property was included in the improvement. Council-
man Sheridan replied the improvement did not go up that far on
Gardera. Mayor Nee stated if the residents wished to look over the
plans, they could and stated the minute should show a petition #2i-1g64
was received in o��o=ition to tne inclusion of Hillcrest Drive
signed by 16 residents� dated May 26� 1964. Mayor Nee inquired
if there were anyone else who wislaed to speak interested in this
pro�ect. There tzas no one. Mayor Nee declared the Public Hearing
on IMprovement i'or Storm Sewer Pro,7ect #68 closed.
Adden�nm P1o. 2- Storm uewer Pro,7ect �68
hlayor Nee announced the consideration of Addendum IQumber 2 for,Storm
Sewer Pro�ect �68 and stated it laas with regard to the Viron Property
area on Osborne Road and Old Central Avenue and inquired iP there
were anyone present who taished to be keard. There was no one present
in f�vor oi' or in opposition to the proposed addendum. Mayor Nee
declared the Public Hearing on Addendum No. 2� StorM Sewer Project
�'68 closed.
PUBLIC HEARING ON 1MPFi0VEMGNT - SW & SS {k69:
Mayor Nee announced a Public Hearing on Improvements for Sanitary
Sewer and Water �nd Storm Sewer Pro,7ect �69 and read the Notice
of Hearing, hlayor Nee inqulred iF there 4�exe anyone pre�ent who
wished to be heard regarding this improveMent. Mr. Bernard Julkowski
i�as present in favor of the improvement. There was no one present
opposed. Mayor Plee declared the Public Hearing on Improvements� SW
& SS ;°59 closed.
PUBLIC AEARING ON IMPR�VEMENT ON P�RTION OF SW �67 (B & C OF NOTICE):
Mayor Nee announced a Public Hearing on the improvement of a portion
of Water and Sener Pro�ect �67. The City Manager read the Notice of
Hearing. Mayor iVee inquired if there were anyone present who wished
to be heard on Washington Avenue N. E. between 57th Avenue N. E. and
58th Avenue N. E. A resident inquired regarding the assessment of
Block 3� Lot 13 1�2 of South 12� that being 5705 T�Iashington Street
Northeast. Mayor Nee replied the administration would attempt to
give the cor-rect figures, that the price appeared to be $289.80.
Mayor IVee ina,uired if there were anyone present who wished to be
heard regardin� Central Avenue� 330 feet south from 73rd Avenue
iVortheast. There was no one present in favor of or in opposition
to the improvement. Mayor Nee declared the Public Hearing on
Improvement on portion of SW #67� B�: C.of notice closed.
OLD BUSINESS
SECOND READSNG OF ORDINEL�tCE �268 AMENDIlVG SECTION 45,464:
Mayor Nee announced for pouncil consideration the second reading of
an ordinance amending the City Code by requireing construction
under any building permit to coirmience within 90 days from the date
of its issue. The City Manager gave tne second reading of said
ordinance.
Motion by ]rohanson to accept as second reading� adopt and publish
Ordinance {f268 which is an ordinance to amend Section 45.1+64 of the
City Code bj� req�airing eonstruetion under any building permit to
commence iaithin 90 days from the date o£ its issue. Secoaded by
WriAht. Upoi� a voice vote� there being no nays, the motion carried
unanimously.
SECOITD READING OF ORDIIVANCE �f271 CORRECTING ORDINAIv'CE N0. 116-3ALC0
P,�701VING:
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Mayor Nee announced for Council consideration the second reading
of an ordinance to amend the Caty Code by mal�ing a change in zoning
districts requested by Balco� Inc. The City Manager gave tLe second
re�din� of eaid prdinance.
Motion by Johansoa to accept as second reading� adopt and publish
Ordin�nce ��271 which is an ordin�..nce to amend tne City Code of the
City of�Fridley� Minnesota by making a change in zoning distrleti.
� Seconded by Wright. Upon a roll call vote, those voting ln -avor
of the ordinance� Nee� Wri*h�� Sheridan, Johanson. Those voL-ing
nay� none. The motion carried unan3mously.
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FIEtST READING OF ORDINANCE AMENDING SECTION 46.028 (TABLED y�18�6iF):
Mayor Nee announced �or Council consideration the first readzng of
an ordinance to incraase the area saze and the Pireproof�ng of
dauble bungalows constructed in the City of Fridley and to improve
the health and safety of occupants of double bungalows. The Cit�
Manager gave the first reading of said ordinance.
Motion by Glright to accept as first reading an ordinance amending
the City Code of the City o£ Fridley to increase the area si�e
and the Pireproofin� of double bungalot�s construeted in the City of
Fridley� and to improve the health and safety of occupants of double
bungalowe. Secanded by Sheridan. Upon a ro11 call vote� those votzng
an favor of the ordinance, Nee, Johansoiz, Sheradan, Wright. Those
voting nay, none. The motion carried unanimously.
ON-SALE LICENSES (TABL�D 5�4��F�);
Mayor Nee announced the considerataon beiore the City Council was
on-sale licenses previously tabled and requested a recormmendat�on
from the City Manager, The City Manager �tated Councilman Kirkham
had requested the item be laad over until he could be presen� and
that both of the applicanl,s had beer asked to appear. He further
explained the me7or problem was the health matter and the FIealth
Inspector had advised him the applicants had made �, most commendable
improvement and he was satiisfied and felt the places of business
are in the best condition they have been in his experience aud
most satisfactory. Councilman Wright inquired regarding the letter
i'rom Robert Aldricha of the Fire Prevention Bureau. Councilman
Sheridan inauired if the letter from th� B'ire Preventlon Bureau
regarding the exits shouldn't be given the oimer and operator o�
this particular location and give him a period o�` time within
rea�on �o as not to hold up his license as it can be done o�hile
he is operating. Councilman Johanson stated he felt they had gone
a long way to improve these establishments and they were not here
to run people out of business� that a letter might be sent to N!r.
Carlson from the Fire Marshall. Councilman Sheridan stated -chey
could send a copy of the Fire Prevention Bureau letter to the owner
and operator and before the next license comes up, he coald take
care af zt. Councilman Wraght replied he agreed Saith Councilmau
uheridan but the work could be done very quickly. Councilman
Johanson asserted the city has been operating at the questioned
location for years with che doors in the way they were and there
wae no problem.
Pdotion by Johanson that the following licenses be approved and
issued:
Terry`s Club by: Clarence P. Heutmaker Renewal
6061 Univer�ity Avenue N. E. 3707 Glendale Terrace
Fridley, Minnesota Minneapolis 10} Mi�anesota
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Frontier Club by; Marlene A. Povlitzki Renewal
7365 Central Avenue N. E. 7516 Arthur Street N. E.
Fridley� Minnesota Fridley� Minnesota
Seconded b,y 47right. Upon a voice vote� there being no nays� the motion
carried unanimously.
EXCAVATORS PERMIT (T�BLED 12/6/63, 4/20/6�4, 5/�+ � 5/18/6�):
Mayor Nee announced the consideration of the Excavators Permit �
which had been previously babled. Mr, 47a1t Freeman� excawator� was
presenti. Mayor iiee indicated the City Council had read the resolu-
taon, as proposed, as an alternative and inquired if Nir. Freeman
had also read it. Councilman Johanson stated Mr. Freeman had read
it but etill had a question that would bear some thought. Councilman
Johanson s�ated that at the tZme the permit in question is taken
out for �6oth inside and outside work� the plumbers don't want to
talie tne reponsibility for the outelde work. Mr. Freeman explained
the business of c�igging sewers is altogether diiferent from the
plumbing. He further explained that plumbers don't want to do the
wori= and don't nant �o do the work and don't want to be responsible
for it, that the excavators carry the same or more insurance and
bonds �nd license in every village and �uburb and there is no reason
why a plumber should have to be responsible for,the work that they
do. Mayor Nee inquired if Mr. Freeman had met with City Attorney Smith
on thls item and was told he had not. Mayor Nee stated City Attorney
Smith had advisefl the City Council the ordinance might be in vio-
lation o� State La�r and proposed the resolutaon at hand as an alter-
native. City Attorney Smith asserted he had been present for two or
three meetin�s� that I. J. Oakes of the Plumber's Union was pxesent
and he was interested in supporting tne plumbers' position and the
State Law requires it but did not require the work he Under the
supervislon of a pluniber. b1r. Freeman replied if it was a State
Lata, how could they lay lines o�ithout a permit for that� that this '
r�as something tnat had come up and another business that should be
separatedi and he did not think as far as the union was concerned
it had anything to do ro�ith this.
D4ayor Nee informed Mr. Freeman the Oity Council was inclined to
solve the problem but the question zaas whether the resolution would
solve it. Mr. Freeman explained about three years previous� they
had -first i,alked about this and it should be possible for somebody
to ma,ke a move and straighten it out. Mayor Nee inquired iP Mr.
Freeman tiaould meet with any other member of the trades and be
nillin�, to work atith the City �lttorney on this. Mr. I'reeman asserted
hc would but had brought the Ci�y Council a letter last eprin�
and nobody had m�de a move on iti. Councilman Johanson stated -the
ordinance iaas what they uere trying to do. Councilman Wright
asserted if the ordinance was illegal� it would be illegal for
a plumber to do the u�ork on mains� laterals� etc. The City Manager
stated this has to da r�ith houses and the individual home.
Councilman Wright inquired lf the State Law makes that distinct3on.
Mr. Freeman replied this was r�hat i� should he� that in the State
Law there is a leeuray both ways and yoa can turn around the other
way and che plumbers can do excavating yrork and they don't have to
have a permit. The City PZanager gave the first reading of an
ordinance amending Chapter 66 of the City Code dealing with water
and sewer administration and specifyin� that a licensed excavator
may take out certain permits. �
Councilman Klrkham arrived at 10:15 P.M.
Motlon b� Tdrzght to accept as first reading an ordinance amending
Chapter o'6 oi �he City Code dealing with 4da�er and Sewer Fldministration
and specifying that a licensed excavator may take out eertain permits.
Seconded by Johanson. Pdayor Nec inquired xf Mr. Freeman would be
availaole to meet iaith City �t�:orney Smith� I. J. �akes ar_�d the City
Manager and some member of the trade to see if there is an area
of compromise. Mr. Freeman replied he would be so willing. Upon
a voice vote� there being no nays, the motion carried unanimously.
SECON➢ READING OF ORDIIVTANCLi' j�269 ESTABLISHING REGUIiATIONS FOR BEACH
� F�l, ��
Mayor Nee announced the eecord reading o� the Beach Regulations
ordinance for City Council conslderation. The City Manager gave
the second reading of the proposed ordinance. Councilnan kirkham
indicated the change that he had made in Item �5 oi tl:e ordi_nance
yiae made according to what he had asked fo-r but not lahat he had
meant, -chat the way it is noo� iaritten, it is simply adding "bathers
own risk"� and he felt that it V�ould be better ii' tihe �aords "er.cepti
at bather's oivn risY." be struck out so i,hat persons may swim or bathe
� in the de�ignated e*�iumiing area after esl.ablished hpurs at �hel?'
own risl;. Councilman Wright sta�ed he wished to poin� otat chat
while the proposed amendment frees the use ot the beachr it �aould
seriouely interfere *aith the life guard's dzscipline oi' the beach
at the time ne oiashes to close i� and ii� mlght rnake hzm poraerless
to eniorce the general closing of the beach. Mr. Meyers� of the
Recreation Commission� stated this was correct but they could
make an announcement that the swimmers u�ould be at their own risk
and leave them in the �aater� that they had no power to take them
out of the 4�ater and it srould just have to be an announcemei�t.
Councilnan Kirkham inquired oY the City Attorney if tihe change
that he had suggested �n any way would effect Stem 2 oi the pro-
posed ordinance. It o�as replied there ls a con;lict there also�
that the �7ords "bather's own risk" was not �ood and during
eetablished hours all they can do is provide a life guard. The
Caty Attorney inqui�ed if they couldn't ,7ust leave Item 5 with a period
at the end of the word "beach" �nd iP they want -Lo let the swi�rmers
sorim� that slould be a violation problem. Councilman Wrzght a�serted
it seexaed to him they might trust the police department to not only
keep track of this but make a d�stinetion, of hours of use and Landle
it on the enforcement side. Mayor Nee suggested that Item ;�$ be
deleted completely. The City Attorney stated the,y did have Item
72. Mayor Nee suggested he wauld like to see the City Council
perriit what Councilman Kirkham had asked for. The City Manager
expla,ined the life guard:, need Item 5 in the ardinance. Mayor
, Nee replied if there axe swimmera swimming under the protection
of the liFe �zardsa that is protection. Councilman Wright st�ted
this all undermines the supervisaon of the lzfe guard. The City
A4anager replied that Item 5 gives the life �uard the protection
he need�. Councilman Ksrkham asserted they simply provide a l�fe
guard for the protiection of the people szaimming. Councilman
Johanson inquired if any attempt had been made to eheeK with other
cot�unities to see zahat tney do. Councilman Wright replied the��
had and this ordinance taas written according to what other commun�ties
had, tnati in many areas of city government they make an area to
consult with professionals anct abide by their advice but suddenly
they were going against -this kind of advace. FIe further stated
these are the nroPessionals of iaater safety and felt they should
be listened to. It was stated there should be some stipula�ion as
to the area of responsibility of the stafP and by the amendment
of Councilman Kirkham with addltional hours that help guarantee
a certain amount of control and the Commission does favor a
superviaed control. It was further stated they have to have a
certain area and would like to recommend that the amendment
made by Councilman Kirkham would have the baeking of the Recreation
Commissior� that they have other then tihe particular hours thac they
have supervised control and after that the,y are at their own risY,
but it does not give them the open hand to do as they please when-
ever they please. Councilman Kirkham stated� then� the su�gestion
he had ,7ust made would be satisfactc�ry, The Czty Manager �xplaineda
� in detail, the ordinance as proposed, Councilman Kirkham suggested
the life guards could sti11 close the beach but if there are
designatnd hours the swimmerc �re on chei-r oi�n and the City taould
be absolved of any responsihility.
Motion bj� Kirkham to accept as eecond reading� adopt and publzsh
Ordinance '�26g which is an ordinance establishing regulations
for ths municipal bathing beaches and to Uecome a part of the Citiy
Code as Chapter 77. Seconded by Firight.
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�`Zotion by Kirl;har� to amend Item �`5 to read "no person shall swam or
bathe in the iaater fronting any bathing beach {a) outside the
established hours; or (b) outs2de the designated swimming area at
any mnnic�pal beach. Persons may swim in designated areas after
hours at their ozan risk." Seconded by Sheridan. Upon a voice
�mte, chere being no nays, the motion carried unanimously. On the
original motion for the adoption and publication of Ordinance �26g
and on a voice vote� there being no nays� the motion carried
ananimousl,y. '
SECOND READLYG OF O�DINANCF �270 ESTABLISHInG PAP,K REGULATIONS -
Mayor PSee announced the second reading of the ordina.nce establishing
park regulations for Council consideration. The City Manager gave
the second readin� of the na,med or3inance. Judge �lmer Johnson
requested to be heard and stateci that, speciYically, he wished to
place some ob�ections to tne oxdinance; one being Section 78.21
and vished to object to the last five words "except beer� wine
or ale" and wished to support hi� objections from several refer-
ence Yrames. Judge dohnson stated he s�ron�ly oqjected as a citazen
and very stron�ly ob,7ected as a Sudge wlth the responsability of
protecting the rights of the public tahich is an unspoken voice .
It was mentioned there is no need for any more outlets for liquor,
and it would be opening a ga-ce of temptation to youth as any 21
year old taould take� as guests� manors and it k�ould be legal
For him co buy beer and have a hiding place to dispense it and he
is there ro�ithin the grounds of permissibility. Judge John�on
informed the City Council they �rould be putting people back on the
road after drinking on a public piece of property and he could not
stress sufficiently that betueen 30p and 40ro of people stopped by
police have an am�ndment by the police officer "had been drinking"
ai'ter their name. He further informed the City Council that there '
are over 12 states in the unlon where one or both drivers stopped
had beei� drinking, and the only x'eport you get on i.he fatals
on the 59 states is "had been drinking": It was stated 12 sce,tes
now have arrlved at a point iahere over 50o were accidents
�nvolving one or both drivers had been drinking but looking at
Fridley specificallS i�e are ia Class B population group� that being
25�000 to 100�000 �nd oi' that group there are 3� cities in
Minnesota that have population 25,000 or over. Judge Sohnson
explained Fridley ranks numb�r 22 out of 36 of that population
grouping and of the total nu�ber of accidents in Fridley we are
�12 out of the 36 cities and of the persors injured Fridley is
�6� on property damage accidents Fridley as �17 and in non-£atal
accidents Fridley is -�12. It was further explained that in all of
these positions in accidents rridley is in a much worse position than
their population ra:ik ��ould be and Judge Johnson stated he hoped
that the Council would not create another temptation to place back
on the road youth that had been in hiding remote from roads, streets�
observation oY police and houses. Judge Johnson further stated
he was extremely concerned about the position of Fridley relative
to accidents and the City z�ould be in an embarrassing positinn
once a person were caught after drinking on park property.
Motion by Wright to accept as second reading� adopc and publish
Ordinance �?_70 tahich is an ordinance providing ior a Chapter 78 of
the City Code of the Cit� of Fridley regulating the use of the parks �
and parkiaays ar,d to secure the qui�t orderly and suitable use and
erjoyment o£ such parks� parkways and portions of ptablic lands,
�treams and rlvers by the people� and prescribing penalties for
violataon thereof. Seconded by Kirkham.
Mrs. George Bacon of 1336 IIillcxest Drive inquired if any thought
had been given on Section 78.23 to riding Lrails for horses� etc.�
Councilman Wright replied tihere had and it is stated that when and
if there are trails it will 6e permissable. Mrs. Bacon further
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inquired regarding Section 78.12 and the inclusion of bow and arrows.
Councilman Wright stated this should also be included. Gouncilman
Wright �.nquired if it was appropriate to ofYer an amendment� tihat
the City Council wae cognizant of questiotis raised by ,Tadge Johnson
and Reverend Kendall, who requested if the council wished to do
Section 78.21 that the City Council not make explicit written
excepiion� that it still makes it possible for something to be
consumed; for non-intoxicating beverages to be consumed. Council-
� man Wright stated they had had a hearing and the Recreation
Commission stated it was the custom and practice when there ls a
picnic not to prohibit the consumptionaf beer} that it was cer-
tainly not intended to have it written that the park was used
for alcoholic beverages of any kind to minors and they don'ti antend
to have any beer parties in the parks. Councilman Wright furthes•
stated the intent was s3mply to make it possible for beer to be
consumed at a family picnic.
Motion by Wright to amend Section 78.21 of the ordinance establish-
ing Park Regulations to read "No person shall take, use� or have in
or upon any park or parkway, any intaxicating liquors". Secanded
by SoYSison. The question was raised if there was a direct conflict
between the beach and park ordinance inasmuch as if a person
wanted to drink at Moore Lake� they would �ust have to walk over
to the park. Councilman Wright replied the idea here taas that they
don't want� on the beaches, bottles� cansa or anything else; that
when people are szaimming they should not want something to drink
and it is only in a picnic area that the Commission wishes to leave
this in. Mrs. Jackie Sward stated that at Moore Lake there was ver,y
little space to draw a line for beach and plcnic area. Councilman
Wright replied the ares would be so designated, that� at the moment,
it is a11 beach area. Mrs. Svzard stated it had been said this was
the consensus of tne Aecreation Commission and it was not strictly
a consensus of the Recreation Commission. Judge Johnson asserted
� that there was still the problem of the 21 year old and he would
still be having a picnic and able to purchase beer and it was going
to increase the problem further� that strictly irom an esthetic
point of viewJ 7�itter in section 78.07 might also bear some thought.
Mayor Nee sta�ted the amendment as presented was iahat the Ministerial
Association of Fridley had requested. On the amendment oi Section
78.21 and on a voice vote� there beang no nays, passed unanimously.
Motion by Wright to amend Section 78,12 of the ordinance estahlishing
Park Regulations to read "No person �hall rob, in,7ure or destroy
any birds' nest within the limits of any pa-rk or parkway� nor aim
or discharge any air �un� sling shot or bow and arrowsa or other
weapon, or throw any stone or other missle at any bird or birds'
nest� or wild animal within any park or parkway� nor in any manner
capture or kill any bird or wild animal therein.'� Mayor Nee inquired
ii this would have the effect of prohibiting an archery range and was
told it did not. Councllman Johanson stated this section was not
really needed as this is covered by State Law and it is a worthless
clause. Seconded by Sheridan. Upon a voice vote, there being no
nays� the motion carried unanimously.
Mayor Nee stated he wished to suggest that Section 78.27 he changed
and inquired if this section gave the city the rignt to nat grant a
permit for public speaking. City Attorney Smith replied he didn't
feel the C�ty could refuse a permit For public speaking in a park
� and it might be appropriate For someone who wants to have a public
gathering, that they might cor,�e in and get a permit and thexe would
be guides as to where it was to be located but if the City refused
it� the court would upset that reprlsal. Those person or persons�
he explained� could then have a public gatnering and allow themselves
to be arrested. �ouncilman Wright explained this merely alerts the
authnrities to where the meeting is being held. Councilman Kirkham
stated the opinion of the section in question was that its purpose
was to avoid conflict� dates� etc.� that it could be znserted this
in no way allows the clty to prohibit any meeting,
�._
.� - .
MoLion by Wright to amend Section 78.27 of the ordinance establishing
Park Regulations to strike out the words "written permit granted
therefore by the City" and place instead the words "written regis-
tration with the Czty. Seconded by Sheridan. Upon a voice vote�
Lhere being no nays, the motion carried unanimously.
Councilman Sheridan stated that on Section 78.28 regarding Fires,
that he did not imagine it wae the intent that the Committee orill
have to supervise every fire in the parks. �ouncilman Wright �
replied the section meant tne Committee can cause signs to be put
in and enforce the signs to be put in and enforce the signs. A
discussion was held regarding the use of� placement� need� etc.�
of s3gns. it was mentioned the committee cauld close a fire if there
was a dry season and the idea was to give the cotmnittee flexibality
in the contro7. and type of iires. The City �!ttorney stated he wished
to call Council attention to the fact that there is no exception
in this section if the City wanted to have a brush fire to clean up
an area and wondered if they shouldn't have some exception under
fires to permit some agency to burn some brush� otherwise the City
uould be limiting ztself,
Motion by Kirkham to amend Section 78.2c� of the ordinance establishing
Park Regulations to read "No person except an agent of the city shall
start any Fire in any park or upon any parkway� except that small
fires for culinary purposes may be made by picnic parties in the areas
desipnated by the Committee� but only in the places in said parks
provzded for that purpose by the Committee and under its direction."
Seconded by Sheridan. Upon a voice vote, there being no nays� the
motion carried unanimously.
On the orlginal motion for the adoption and publication of Ordinance
#270� and on a voice vate, there being no nays, the motion carried
unanimously.
CONSIBERATION OF INCREASING CITY CONTRIBUTION TO HOSPTTALSZA`PION �
TABLED 5 1
Mayor Nee announced for Council consideration the increasing of city
contiribution to hospitalization for employees.
Motion by Johanson to authorize negotiation for the increase of
hospitalization coverage and that the City pay same as proposed in
a letcer from Richard L. Schillinger of Ntay 12� 1964. Seconded
by Kirkham. Upon a voice vote� there being no nays, the motion carried
unanimously.
NEW BUSINESS:
Si3SLDING BOARD MEETING MINUTES,MAY 27, ig64:
BY CLARK OIL COMPAN"� TO CONSTRUCT A GASOLINE FILLING
,��IY:111�IILO:i�IfU�:77i'.I.?�Cli
Nlayor Nee announced an application by Clark Oil Company to construct
a fillzng station for Council consideration. The City Manager xead �
to the City Council the recommendatmon of the Building Soard.
Councilman Johanson �nterposed to state there was just one problem�
that the plans were satisfactory but he had igsisted the City get
a 30 foot easement for a street didication. Councilman Johanson
explained the area to the other members of the City Council. ��or
Nee stated it �aas to the interest of all that the service raad he
lncluded. Mr, J. R. Stockstead o2 the Clark Ozl Company was present
and stated he could not see that it would be to the interest of his
company� that they are set back 65 feet and it would ther. be g5 i'eet
and they would profit nothing by such a move but they would have to
determine this. Councilman Johanson stated the Building Board
did discuss the probability of sending this to the Safety committee.
Councilman Wright asserted the City would need the service road.
Motion by Johanson to concur with the recommendation of the Building
Board and authorize the issuance of the building permit to Clark
' Oil Company to construct a gasoline filling station at 7315 T• N.
#65 Northeast� Lots 1� and 2� Block 2� Centralview Manor� strrcture
to be 26 x 16 of cement and steel at an estimated cost of $22�000.00
upon the receipt of a deed for a 30 foot easa�menti for a service
road on Highway #65. Seconded by Wright, Upon a voice vote, there
being no nays, the motion carr�ed unanimously.
APPLICATION FOF A MOVING PERMIT BY TREVOR A. IiY7,E TO MOVE A GflP,AGE
The City Manager read to the City Councll t1�e recomrnended denzal of
the Buildang Board.
Motion by Sheridan to concur with the recommendation of the Building
Board and deny the moving permit by Trevor A. Kyle tio move a garage
to 5179 Horizon Drive Northeast. Seconded 'ay Wright. Upon a voice
vote� there being no nays� the motion carried unanimously.
APPLICATION FOR A BUILDING PERMIT BY GEORGE MINDER FOR A COI[�I-
OPERATED CARWASH AT 255 UNIVERSITY AVENUE NORTFIEAST ON LOT F,
FlUDITOR S SUBDNISION N0. 59. THE STRUCTURE TO BE- 7�x 40 OF
� Councilman Johanson stated that although the aiaove item had been
tabled at the Building Board Meeting� Mr. Minder had made revisions
and presented same this evening and they were satisfactory.
Motion by Johanson to issue the bualding permit for the construction
of a coin operated carwash at '0255 Unzversity Avenue NorLheast on
Lot 5� Auditor`s Subdivision No, 59 by George Mindera the structure
to be 7�+ x 30 of steel eonstruction at an estimated cost of �20,000.00.
Seconded by Wright. Upon a voice vote� there being no nays� the motion
carried unanimously.
PLANNING CONIMISSION MEETING MINUTES, MAY 21� 1964�
Mayor Nee announc.ed for Gouncil consideration the recei�ing oS
the Planning �ommission Meeting Minutes of May 21, 1964. The
City Manager explained to the City-Council they had taken up all
the iteme but the East River Road 'Loning Study aed they could dlrect
him to write a letter to the Anoka County Commissioners asking tliem
to o6tain the services of a Highway Planning Consultant to work
with them on studying the traffiop�oblem on East River Road.
Motion by Wright to direct and authorize the Cit,y Nianager to o�rite
a letter to the Anoka County Board of Commasstioners askin� them to
� obtain the services of a Highway Planni_ng Consultant to study the
traffic problem on Ea�t River Road. Seconded by Shex•idan. Upon
a voice vote� there being no nays� the motion carried unanlmousl,y.
Motion by Wright to receive and file the Planning Commission Meeting
Minntes held May 21� 1964. Seconded by Sheridan, Upon a voice vote,
there being no nays� the motion carried unanlmously.
� , ,
dTr... il
i u i
SAFETY COMMITTEE MEETNG MINIITES, MAY 20� 1961+:
Ma��or Nee announce3 for Council consideration the minutes of
the SaPety Committee Meeting held May 20, 1964.
Motion by Sheridan +,n receive and fi.le the minutes of the Safety
Committee Meeting held May 20, 196�+. Seconded by Wright. iipon a
vo�ce vote, there being no nays} the motion carried unanimously.
COMMUNICATIONS: �
BUTLr,R: SIGPIALS ON EAST RIVER RpAD:
The r�ity Manager read aloud� at Council request, the communication
received from Mr. Butler regarding signals on East River Road.
Motion by Sheridan to recelve and file the letter from Neil W. Butler
of '021 Janesville Street tlortiheast regarding aignals on East River
Road. Seconded by Wright, Upon a voice vote� the�e being no nays�
the motion carried unanimously.
ST. PHILIPS: DRAINAGE
Ma,yor Nee announced a communication for Council consideration from
St, Philip's Lutheran Church regarding a drainage pxoblem and stated
it maght not be possible to handle the problem this evening. The
Clty Manager suggested the City Council could authorize Mr. Comstock�
consulting engineer, to give them a letter explaining what would
need to be done by the city and bring the matter up-to-date.
Motion by Johanson to receive the communication from St. Philip's '
Zutheran Church and refer same to the consulting engineer� Mr. Ice
Comstock for a report. Seconded by Wright. Upon a voice vote� there
bein� no nays, the motion carried unanimously.
PIORTOPd: SPGCIAL iISE PERNiST
Mayor Nee announced a commun�cation for Cotancil consideration from
F�ir, George Norton regarding a one year extensien o�' time on a Special
Use I'ermrt.
Motion by Johanson to reeeive the communieatlon from Mr. George
Norton regarding the extension of time on a Special Use Permit and
grant the req_uest for a one pear extension. Seconded by Karkham.
Upon a volce vote� there beln� no nays, the motion carried unanimously.
TW7N CITY LINES: SURVEY
Mayor Nee announced the consideration of a letter from the Twin City
Lines, Inc. regardin� a survey. The City Manager suggested this letter
could be received and filed.
Motion by Johanson to receive and file the communication from the
Twin City Lines, Inc.� dabed May 20, 1964 regarding a survey. Seconded �
b,y Karkham. Upon a voice vote, there being no na,ys, the motion
carried unanimously.
CITY ATTOItNEY: EASEMENT-RESOLUTION �109-1964
�w�.
rx' '
Miayor Nee announced a communication for Council consideration from
City Attorney Smith regarding an easement. Councilman Sheridan
stated he had a surveycf` the area and a prellminary plat if the
Council wanted any further information.
Motion by Wright to receive the communication from City Attorney
Smith. Seconded by Kixkham. Upon a voice vote, there being no
nays� the motion carried unanimously.
� Motion by Wright to adopt resolution �1o9-1g64 authorizing acquisition
oi the East S00 feet oi Lot 9� Auditore Sub-davision #25� Anok�. County,
Minnesota. Seconded by Kirkham. Upon a voir_e voter the motion carried
taith Councilman Sneridan abstaining.
MINNESOTA HIGHWAY DEPARTMENT: PURCHASE OF I�AND: RESOLUTTON �Zlo-1g64
Nayor Nee announeed for Council consideration a communication from
the Minnesota Highway Department regarding the pu-rchase oi land.
The City Manager explained to the City Council the highv�ay department
wants to acquire an additional pzece of land which is illustrated
and offer �940.00 for it� taking the purclaase prlce pins aseESSments
paad. He further explained the cost was approximatel� �2500.00 an
acre and this as less than one-fifth oi an acre and hadn't had time
to give the matter to the Parks Su6-Commlttee but this is almost
double what the City had paid for it.
Councilman Wright inquired if the State Department was expecting a
deed from the City of Fridley. The City Nianager replied they were
expecting an easement. City Attorney Smith exp7ained tihe motion
should show that a resolution was passed autihorizing the Nayor
and City Manager to sign same.
� Motlon by Kirkham to adopt Resolution #�110-1964 authorizang the
conveyance of 0.18 acre to the state of Minnesota for Highway
Easement and authorize the Mayor and City Manager �o sign same.
Seconded by Wright. Upon a voice vote� there being no nays� the
motion carried unanimously.
SEXTER: LOT SPLST
Mayor Nee announced the consider2tion of a communacation from
Donald Sexter regarding the final approval of a lot split. The Gity
Manager explained to the City Council the P]anning Commission had
recotrunended this split on May 23� lgo3 and the CZty Couneil had
tabled it; that Mr. Sexter would like to have the Council take
action on this. It was mentioned the reason the Council had tabled
the matter was not known but the Plannin� Comsnission had recomm�nded
it. Counc!lman Sheridan znquired if it would be necessary to have
the Planning Co�ission go over this item agaln, that he had no
ob�ection to it. The City Manager replied this would be at� the
discretion of the Council� that the item was a year old. Co�ancilman
Wright stated he wished the matter referred co the Planning Commission.
Motion by Wright to refer the lot split request by Donald F. Sexter,
L.s. �6319, Zots 22,23�24� Block 13� Plymouth Addition to the
Planning Commission. Seconded by Sheridan. Upon a voice vote� there being
, no nays, the motion carraed unanimously.
JUDGE JOIiNSON: COURT SPACE
Judge Elmer Johnson stated to members of the Clty Coiancil they
were familiar with the problems of housing, that the court had
come to the point where their ease load this year would be about
-,-.,
.� �
2500; 200 cases in Conciliation Courty there had been two ,7ury
cases in January, three or four in Februaryy etc., and the court needs
had triplea over the previous year for the same ncimber of months.
He iurther stated they had been able to get BO people in the City
Ha11 for court the previous Friday evening. It was explained the
Madsen Building as avazlable� that Judge Johnson had deiinitely
been disirterested in suggesting it to the City Council in January
because he had thought the �500.00 rental figure per month was too
high but he explained with time rumm�g ncw and going over the matter '
with Leon Madsen� Mr. Madsen had come down in price and was walling
to rent the ground floor for t�400.00 per month. Judge Johnson stated
they were now paying $75.00 per month for an office on the first
floor� tYiat he had talked to Mr, Mpndloh taho rents space and he had
indieated he would cooperate with the coUrt in the use of his room
on Saturdays. It was explained the floor space comes to 660 square
feet, that all oi' the walls ��ould be knocked out giving a room 39
feet by 31 feet and it would seat 70 to 80 people allowing the clerk's
office to be as it i�� and allowang a new bench and ample roor�. It
was also explained by Judge .7ohncon he had talked with the Building
Inspector regarding the taking down of walls which would have to
be at City expense and they would have to be replaced; also� that
Mr. Madsen v7ished to have a two year lease.
Judge Johnson �tated the court would also like the City Council to
consider the request of the court for a Deputy Clerk and Bailiff�
that he was suggesting �100.00 a month and this person would be
with the court every tlme it was in seesion. This person� it was
explained� would also be Deputy Clerk�in the absence of the Clerk
as there is no substitute at this time and it would enhance the
iahole court. Judge Johnson explained the County plan was still
being considered but would not be a fact for about two years and
Fridley has the facili-cy and an adeqnate court but the County
would designate the places to hold court. Mr. Virgil Herrick
was present and stated he had attended a meetin� of the Anoka �
County Bar Association and that� very definitely� at the next
session of the legislature there would be a proposal to create
a County Court System or a delegation would be aeked by the
Anoka Coonty Syster,i for thas� that the present proposal is that
this *aould be tied in with the Probate Court in Anoka County,
tne thau�ht being these �udges would hold court in different
places ln �lnoka County. Mr. Herrick further stated he did not know
c�i��ther it would pass but having attended two or three meetings of
the Bar Aesociation he �aas certain the feeling of the people that
attended these meetings v�as that ii, would be accepted and if Fridley
does i2ot have adequate facilitiesy the courts would designate eth�r
munzcipalities to hold their cases for the County Conrt System.
Judge Johnson stated they would also like the floor space paneled
as it wonld not be complete without it. Councilman Wright anquired
of Mr. Herrick if it wouldn`t be the case ii Fradley were to provide
the space for a County Court session that they taoi�ld also need the
space for a County Court trial and would the qixestioned space be
big enou�h and ava�lable weekdays. dudge Johnson replied the �ury
cases take far less room than the arraignments. Councilman Wright
inquired of Judge Johnson what the qualifications would be ior the
person i7ho would be Deputy Clerk and Bailiff. Jud�e Johnson replied
he would be an understudy of the Clerk ann that meant he would
prepare t,he complaints, that he would ne�otiate with the City Attorney
and prosecutor and would keep the docket; that he would send out
the notices of Conciliation Court complaints and summon the juries. �
Coancalman Wraght inqu�red if Judge Johnson had a qualif�ed person
in mind for the �ob. Judge Johnson replied he had one person in
r�ind iaho had been observing and gzving assistance.
Cauncilman Johanson stated he wished to see the request in writing
to the City Council and they would consider i� and �ake it under
advisement. Judge .Tohnson inquired if the building was something
�
that could be done in a month, that the Building Inspector had
gaven him the impression it would take about that long, that Mr.
Madsen had suggested a two year lease at the �400.00 a month rate
and would leave the responsibility of restoring the building to
the City. The City Manager stated his recotmuendation� at this
timer would 7�e against this action. There was no action taken by
the Cit,y Council.
Or
Councilman Sheridan stated he wished t� call Counca], attenL?on
to the cotmnunication received from residen�s on Channel Road and
66th Avenue� that he had talked to Mrs. James Wedan in this regard.
He explained the people signing the lettes• presented were the pcople
on the North side of the street and there are only four parcels
there. Mr. dames Wedan was present and explained Channel Road
comes ofi Missassippi Street and there are apartments there directly
across from 66th Avenue and inquired why it was that when he didn't
have any property on 66th Avenue that they were assessed for a street
that they don't have any access to and the people across the street
that front it don't get assessed at all. S•�Irs. Lhzane 1. Sermon of
1255 66th Avenue Northeast stated they were the only residents
facing the street and they don't want it now, that the other people
in the area want the street only if the buzlder pays for it,
Motion by Sheridan that t$e City Council authorizes the removal irom
the Street Pro�ect 1964-1 66th Avenue between Channel Road and Pierce
Street. Seconded By Kirkham. Upon a volee vote, there being no nays,
the motion carried unanimously.
� ItESOLUTION �`111-1964 CONFTRMING ASSESSMENT ROLI, - sT. Zg62-1, 2A,2B:
Ma,yor Nee announced for Council consideratlar. a resolution confirming
the assessment roll for Street Improvements, The Finance Director
explained to the City Council that on ��62-1a which is Cenzral Avenue,
if tihey thought this particular lot would Ue deleted� his department
could refiguxe the roll and raise the rate or else the� could
write an abatement and would lose about F�90.00. Mayor Nee replled
his inclination would be to delete it.
Motion by Johanson to adopt Resolution �111-1964 confirming Assessment
Roll ior Street Improvement No. 1962-1 and 1962-2 incorporating the
names of the objectors as determined at the hearing. Seconded by
Wright. Councilman Sheridan inquired of the Pinance Director that
he had stated the deve7,oper on 52nd and Taylor Streets haB a
pro1�lem. The Finance Director replied th�t area z�as i'lgured separately,
that the owners are paying an equal amount on each lot, il_zat it had
to be according to the legal description. CoLincilman Sherzdan
stated the objection or the developer paying a lump sum was that they
had some lots that �ere questionable. The Finance Director replied
he didn`t know that there were any bad lots in that area, thati
it was necessary to certify against some particular property and
it was impossible to certiPy �gainst a plat; that the County Audltor
would say they had to give hZm a leRal description �nd he can't do
anytnang t�ith a certification of a plat. The City Attorney inFormed
� the Citiy Council the} could not certify against the plat. T?pon a
voice vote� there bein no nays� the motion carried unaninously.
VIBITORS:
Mayor Nee inquired if there �aere anyone present, not on tine Ageudaa
who washed to be heard.
� '�_�
�,- - � -,
� �,
Nir. Mike Hafner was present and stated the Minnesota utate Highcray
➢enartment wanted a strip of land on University Avenue on his pro-
perty 100 feet in depth and he wished to know if the City Council
zaould �ivc i�im a letter that they t•�o��id slide the zoned area 100
�eet back. Ma�or Nee replied that any letter they could give him
would have no effect� tnat he y�ouid have to go through all �he
channels and abide by the City Charter, that the City Council could
not circumvent that.
CLl� INLS :
P+lotion by 6dright to approve the payment of General Claims '�2580
through �2a57. Seconded by Sheridan. Upon a vaice vote, there
peing no nays, the motion carx•�ed unanir�ously.
Mot�on by Sheridan to approve tne payment of Liquor Claims �'o3F33
through �'0406. Seconded by Wright. Upon a voice votey there bein�
no nays, the motion carried unanimously.
Motion by Wright to approve the payment of Public Utilities Claams
�3319 through �3331. Seconded by Kirkham, Upon a voice vote, tnere
Ueing no nays, the motion carraed unanimously.
ESTII�IATES :
P2ayor Nee announced the consideratior. of an estimate for the additaon
to the Fire Station.
b4otian b�� Sheridan to approve pa,yment of �stimate -�3, Addition to
the Flre Station to the D. w. Harsiad Company in the amount of
�1%�963.27. Seconded by Kirliham. Ution a voice vote, there being
no nays� the motion carried unanimously.
LICEiQSE5:
�ayor Nee announced the licenses to be considered for Counnil action.
The City Manager stated Mr. Vernon Johnson was present� wished to
operate a beer tavern in the new shopping center area and wented
to obtain a license. b4ayor Nee inquired if it would cause Mr.
Johnson any great grief if this wae returneci at the next meeting_,
in the proper manner. Mr. �ohnson replied he wanted to know if
he could get tentative a.pproval� that the matter should have bPen
on the a�enda for the Council to coneider. Nfayor Nee explained
that the reason it was not listed was that Mr. Johnson didn't
meet the requirement� for an application yet as there was no place
of business a.nd the ordinance was clear and this was �ahy the
admii�istration ha3 not processed his application. IL was further
exp2ained there is also no police clearance on the application.
Cauncilman Sheridan stated zf Mr. Johnson has had a license
previouely, he should have no problems. Mr. dohnson statec� he
would be satisfied with a verbal assuranee so that he could buy
equipment. Councilman Wright stated the only assurance he had was
that he had a license previousl� and tnere was no reason he shouldn't
�et one again. Mr. Jahnson stated he vrould appear at the next
meeting.
Motion by Sheridan to approve the issuance oi the following
lacenses:
ELECTRICAL
Central �lectric Company
995 CenEral Ati*enue N. E.
Minneapolis 13, D4innesota by: Wal�er Leavy REPTEWAL
'
�
�
ELECTRICAI, (cont.)
A. J. Prir_ce Electric
322 �. Cottage Avenue
St. Paul� Minnesota
EXCAVATIlVG
� Tdalter Freeman
895 Mississippi Street N, E.
Fradley 32, Minnesota
Bennae Warn
11359 fianson Boulevard
Coon Rapids, Minnesota
GEIQERAI, CONTRACTORS
Modern Garage Builders
9240 Lyndale Avenue South
Minneapolis 20, Minnesota
Stuart D. Pengelly
llc� Craig Zday N. E.
Fridley 32� Minnesota
MASONRY
Lino Cement� Ine.
�26 Pine Street
Circle Pines� Minnesota
by: John A, Prince
by: Walter Freeman
by: Bennle Warn
by: John A. Rowl�nd
by: Stuart Pengelly
by: Kenneth Rehbein
Ruud, Inc.
� 3515 North Kilmer Lane
Minneapolis 27� Minnesota by: R. G. Ruud
Stone & Bendiske Mason2�y
7815 Gloria Circle
Minneapolis� Minnesota by; Arthur Bendzske
Superior Concrete Constraction Co.
6321 Jackson Street N. E.
Minneapolisa Ninnesota by: Eugene Brue
�
CAF'E
Central Frostop ➢rive-In
7699 Highway �65 N. E.
Fridley, Minnesota 55�32
Moore Lake Beach Concession
RENEWAL
RENEWAL
ATE[�
RENEWf1L
AIE4i
N�W
PT�Cd
NET�I
RENF�'WP.L
by: Sherman Hanson
81+1 Kennaston Drive RENGwAI,
by: Eugene M. Sutton
5763 Central Ave. Pi. E.
RETJEIdAL
Spartan Industries� Store j�73 by: Geraldine Anderson P]EW
5351 Central Avenue N. E� 60'21 Lucia Lane
Fridley, Minnesota 55�+21
CIGARET`i'E
Fridley Standard Service by: Henry J. Droogama N�W
7680 Highway �65 N. E. 1362 - 7th St. lV. W,
Fridley} Minnesota 55�+32 New Br�ghton� �innesota
m�,_, _
,�,_, ._f
rl°', q
� �
Spartan Industriee� Si;ore �78
535� Central Avenue N. E.
Fridley, Mznnesota 55421
RUBBISH & GfiRBAGE PICKUP
W � W Company
5301 �sseo Raa,d
Minneapolis, Minnesota 55�+29
SERVICE u3'ATION
Ryan - Harlan Conoco
6389 University Avenue N. �.
Fridley, Minnesota 55�+21
Wil - Fred Oil Company
3709 Niarshall St. N. E.
Fridley� Minnesota 55�21
by: Geraldine Anderson
6621 Lucia Lane
by: Floyd U. 47illiams
53�1 Osseo Road
NEW
PiEW
by: Boyd P. Harlan NEW
930 -79tn nve. N. E.
Thomas F. Ryan
�+109 Main St. N. E.
by: Fred B. Uye RENEWAL
1020 - 45th Ave. N. E,
Seconded by Wrlght. Upon a voice vote� there being no nays� the
motion carrsed unan�mously,
APPOIlVTD�NT :
Motion by Sdright ta approve the following appointment;
NAMG POSITION SALARY REPLACES
Everett Charles Al1en Full-time
699 - 81st Ave. Y. E. Bartender
Minneapolls� Ninnesota Bar {�33
55432 (Shore�rood)
$2.50 Fred
per Schaai
hour
Seconded by Sheridan. Upon a voice vote, there being no nays, the
motion carried unanimously.
PARK7NG OPI ABLE STRE�T (73rd TO 76th):
Councilman Kirkham explained to members of the City Council he had
been informed oi a few parking probZems and these involve people who
live in multip2e 3wellangs and don't use their own faczlitzes and
parli ?n the street causang parking problems across the streets and
in neighborhoods generally for single dwellings. Councilman 47right
stated he had been approached by a number of cytizens, also� who
are unhappy aboUt the way the parking ordinance is en�'areed, that
residents would like to have the parking limited to the one side
oi the street, as an example� at the Commons Park area. The City
Manager replied he wotild check into tne matter. Councilman Kirkham
inc�uired if they could have a review of the present parking ordinance
and have it on the A�;enda ior the next meeting. `i`here was no action
t�ken,
COPISIDERATIOTV OF PROPOSP➢ DOG REGULATION ORDINANCE:
Nlayor Nee announced for Councll consideration a proposed dog re-
gulation ordinance. Councilman Wraght requested permissaon to go
through the amendments ne wished, and explained same to members of
the City Council. Nir. Al P�ulson, dog catcher� was present an3
stated 'che ordinance� as k�rit�en� was goody that he had read it
over and wished to have �ust a Pew zaords changed; that in Section
61.0�+1 labeled "Destruc�ioi� of Dogs" that he would see no reason
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n� r ,�
f,5"a
to hold a dog for a five day period if �he owner knew he was im-
pounded. Mayar I3ee replied this would be a�suming the person had
received notiiication. Councilman Wright stated notiiication
wasn`t alz�ays by telephone or personal coniact and he iaished to
protect those dogs that are registered rather i;han thoee that are
unregistered. Councalman Sheridan inquired if notii'ication were
not received in the five da,y period if a re�lscered letter could
be sent. Mr. Paulson replaed he had a duplicate copy of a form
which the person receiving notiification had to sign for disposal.
� Councilman Wright asserted the cost of the extra days of grace
would be nothing to the city but �k would be worth it to nrotect
any misunderstanding. Mr. Paulson also requested the ordinance
title snould be changed �`i'om "Dog" to "Animal" and under Section
61.Q�+� item C� the fee of �4.00 should be struck as this fee is
at the dascretion oi the veteranarian and there could be some
confusion. The item was esplained to the CiL-y Council by Council-
man Wright in that Mr. Paulson does simply order the vacclnation
of dogs, he does not do it. Councilmau Wright stated if the Council
wished to order thie done, Lhey would be obligated to go one step
further which is the licensing and control of kennels and he did
not feel tiriey could lisit anybody'� buslness without, provlding
him i�ith a legitimate aliernative. Mr. Paulson indicated this
matter had been no problem in other communities and if any further
problems arose the ordinance could be �mended later.
Mr. R. E. Dittes of 6291 Riverview Terrace k�s present and stated
he took exceptlon to Section 61.05 regarding tihe iact every do�
should be vaccinaLed against rab�es at least once each year, that
all present autnorlties admit that the modified vaccine is good for
at least two years and in some cases� as lon� as three years,
tnat thss zs dependent on the type oi vacclne used �md must be
presen�ed for issuance of license. Mr. Dittes stated that Sectiion
61.07 regarding complaints didn't �o quite Far enough and reacl to
� the City Council the excerpts from the ordinance at Croo};ston,
blinnesota. Mayor Nee agreed with Mr. Dlttes in that a person should
sign a complaint and be wZlling to go to cour�� that this should
be included in the ordinance. Councilman Wright suggested incor-
porating an the ordinance that any compla�nts about a habitually
nuisance type dog must be made in writ�ng to the Municipal Cou-rl,.
Mr. Paulson informed the City Cauncil they dld get cases such
as was mentioned. City Attorney Smith indicated to the City Council
he did not think this type of thing was eni'orceable and if the�
were going to declare some aetivities pT dogs � nuisance it wpuld
have to 6e verg clear on vrhat is con�idered a publlc nui�ance.
Mayor Nee repl-Ied this would be at the d�scretion of the judge to
determine. b7r. Paulson �taced it was not for the City Council
to ta'_�e �nybody to court. Mayor Nee stated if a resident were re-
quired to make such a complaint and be required to come to court�
it would alleviate some problems. A discnssion period �ras held re-
garding ameridments� fees charged and the method of callecting same.
There was no aetion taken by the City Council.
RESOZUTION
SS�2 �.�
SUPPLEMENTARY ASSESSMEPST ROLL - S &
Mayor Nee announcAd e reGolution far Council consideration confirming
a supplementary Assessmenti Roll for Storm ai�d Sanitary Sewer Improvement
� Project Tj24. The Finance Director stated the ro11 nad two lots on it
which were alternates� the reason being tihe�r lateral services do not
pick up �ervices for these two lots but the main line was deep enough
if the laterals had been put in deep enough.
Motion by Sheridan to adopt Resolution ¢�112-1g64 confirming the SupPlementary
Assessment Roll for Storm and Sanitary Sewer Improvement lroject No,
21+. Seconded by Kirkham. Upon a voice vote? there being no nays� uhe
motion carried unanimously.
a � -" „
d
�MENT AND FINAL PLANS AND SPECIFI-
i-Yayor Nee announced a resolution for Council consideration ordering the
improvement and final plans and specifications for Storm Sewer ;�68
witr the one deletion being Ely Street. Councilman Sheridan indicated
�oore iake Hills should also be deleted from the assessed area.
Motion by Sheridan to adopt Resolution jr113-1964 ordering improvement
and firal plans and specifications ior 6torm Sewer No. 68 deleting �
Ely Street and the area of Moore Lake Hil]: from the drainage area.
Seconded by Kirkham. Upon a voice vote� there being no nays� the
motion carried unanimously.
ItES(�LUTION ,'�`114-1964 ORDERING IMPROVEMENT AND FINAL PLANS ANA
SPECIFT_CATTONS, SW & SS - 9;
Mayor Nee announced a resolution for Council consideration ordering
improvement and final plans and specifications ior Meadotamoor Terrace
and sl;ated tnere were no ob�ections.
Motion by Wright to adopt Resolution ;�114-196� orderin� improvement
and final plans an3 specifications Sewer and Aater and Storm Sewer Pdo.
69 being Meadowmoor Terrace. Seconded by Sheridan. IIpon a voice vote�
there bezng no na,ys� the motion carried un�nimously.
RESOLUTION
&ND FHVAL PLFLNS AND
Mayor Nee announced a resolL2tion for Counci7 consideration ordering
improvement �nd final plans and speczfications for Sewer and Water
Construction �67y and stated this was requested by Viron� Inc.
P�otzon b,y Sheridan to adopt Resolution '�-115-19h�+ ordering improvement ,
and final plans ancl specifications - Sewer and Water No. 67. Seconded
by Itlrkham, The Finance Director explained to the City Council they
had held a he�.ring on this pro,7ect previously. Mr. Comstock� consult-
ing engineer� stated this would be for the entixe improvement. Upon
a voice vote, there being no nays, the motion carried unanimously.
RESOLUTION �116-1964 OftDBRING PRELII�SINARY FiEPORT - SS ��SB:
Mayor Nee announced a resolution for Council eonsideration ordering a
prelimzn�ry report for the pro�ect Vorth of Highway No. 100 and Eas�
of' Unzversity ��venue. The City Manager explained to'the City Council
their decision on this item would be on ho*a much of the orork they
wanted done� �hat this h�d been ordered on the basiu of the work
Fast ot University and North oi Highway 100 and work does cover the
entire University Water���ed district� and were necessary to get
7ih Street work started. Nr. Comstock, consulting en�ineer, st,a�ed
that at leas� an attempt should be made to provide drainage for
everyching East of University Avenue. Czty Engineer Ruresha stated
the improvements should al�. be put ln and assessed.
Motlon hy Wright to adopt Resolution �'116-1g64 ordering prel�minary
plans, specificataons� and estzmates os the costs t7�ereof: (Storm
Se�7er - Pro�ect No. 5� Pdorth of Highway No. 100 and East of University �
Avenue). Se¢onded by Sheridan. Mayor Nee inquired of' Mr. Comstock
if the px�el�m3nary report .�as completed, Mr. Comstock replied that
it y�as bnt this was necessary for legal procedure. Upon a voace
vote, there being no nays, the motion carried unanimously.
REC�TVTIQG PP,�LIMINARY REPORT AND JRDERING
r�,; �
Mayor Nee announced a resolution receiving preliminary report and
orderin,�, a hearing on Storm Sewer Pro�ect No. 5. The City Manager
corrected the date� named on the resolution for the City Council.
The Finance Director inquared if the City Councll wanted a preliminary
roll on thi� project or ii' they were going to do as they had on the
previous hearing. The City Manager suggested the Gi�y covld set
the date of the He^ring for Ju1y 7th if 1;hey wished to pass the
resolution f4�' the items listed. Councilman Sheridan inquired iF zt
� might be we11 to take these ?tems individually and hold the hearings
separateiy rather than all at one time. Mayor Nee agreed this iaas
correct� that the mattex should be broken down at least into tti�o
segments. Councilman Sheridan andicated another matter he zaished to
suggesc uras that between the 15th of June and the 7th of July the City
Council not have any special meetings to jive them an opportunity
to have a small vacation if they so wishe3. Mayor Nee inquired
of the City Menager if this could be set up u�ithou� separate resolutions.
The City h;anager replied that it could and tihe Council could receive
the preliminary report.
Motion by Sheridan to adopt ftesolution �117-1964 receiving the prelim-
inary report and calling a public hearing on the matter of the con-
struction of certain improvements: (Storm Sewer - Project No. 5-
North of Highway No. 100 and Bast of Universlty Avenue). Seconded
by xirkham. Mayor Nee stiated this item y�as limited to Items
one through four oi Mr. Com�tock'� letter to the City Council.
Upon a voice vote� there being no nays, the motion carried unanimously.
Mr. Comstock informed the City Council �k?ere had been t4io propercy
meetan�s on the eite in the Sylvan Hills area regarding the removal
of oa�r trees and the contraetor had agreed to iurnish some figurzs
and these quotations had heen received. Underground Servires� Inc.
nad said they would tunnel 2S feet and �FO feet long under the oak
trees for an estimated cost of �i700.00 for each tree. P�r. Comstock
� fur�her stated he would not gtzarantee the �rees would be saved.
Mayor Nee inquired if it was possible to put the services around
the trees and was told this was impossible, that part of the problem
laes in the basic intent and yrhat it wil.l be used for in the iuture,
that his firm was not in the pocltion to recommend a Change Order
and if the Council wished to expend the money, it would be at their
direction. Mayor Nee inquirgd if the contractor would be willing
to split the cost with the City. P�1r. Comstock replied he could
make such a proposal. Councilmar� Wriglat inq_uired if the Council
wauld want to authorize such a sp11t of expenses. City Engineer
Qureshi stated if they were going to do it vith this pro�ect�
there would be other projects that would demand the same thing.
The City Council was informed bv the City Manager it mould be difficu.lt
to ,7ustlfy expending city money for an item oi this ktind. Councllman
Sheridan stated he appreciated trees but there was no guaranty that
ance they were tunneled underneath they would survive and no one
would give them this kind af assurance. Mr. Comstiock indicated tnis
20 foot ri�ht-of-way was required as a dedication at the platt2n�
of the property. Councilman Wright assarted he would er,plain to
residente how they would attempt to peautify the property.
RESOLUTIONS �118-1964� ;�119-1�6�, ��120-1�6tF SPLITTSNG ASSESSMGNTS:
� N�ayor Nee announced three resolution spl�tting assessmenzs for Council
consideration.
Motion by Sheridan to adopt Resolution �113-1g64 authorizing and
direeting the splitting of special assessments on Lots 37r 38, 3�,
and �+0� Block H� Riverview FIe�ghts. Seconded by K3rkham. upon a
voice vote� there being no nays� the motion carrzed unanimously.
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Motion by [dright to adopt Resolution ;�119-1964 authorazing and directing
the splitting of special assessments on Parcel 2400 (Exc. N. 750' of
E. 720') (Ex. W. 600' oi N'ly 330')r Section 12, Seconded by Kirkham.
Upon a volce vote� there being no nays, the motion carried unanimously.
i�otion by K_irkham to adopt Resolution �}120-19b4 authorizing and
directing the splitting o�' special assessments on Lots 35, 36� 37�
3�, 39, �+0, 41, 42, � W. 10' of Lot 43, Block K, Riverview Heights.
Seconded by Sheridan. Upon a voice vote� there being no nags� the
motion carrien unanimously.
DIRECTIIJG PREPAR�TSON OF ASSESSMENP ROLL. SW
Motion by Sheridan to adopt Resolution �121-1964 directing preparation
of AssessmenL Roll for 4later and Sewer Smprovement Pro,7ect No. 65.
Se,cottded by Gdright. Upon a voice vote, there being no nays, the motion
carried unanimouslV.
FiEBOT�UTIOId �122-1964 ➢1�CTITQG 1'UBLIC HEARING ON ASSESSMEN`I' ROLL, S�^T
b'layor Nee announced for Council eonsideration a resolution directing
a publlc hearing on Assessment Roll for Sewer and Water Improvement
Pro. 65.
Motion by Sheridan to adopt Resolution y�122-1964 directing publication
of hearin� on proposed Assessment Roll for T^iater and Sezeer Improvemer�t
Pra�ect No. 65. Seconded by I{irkharn. Upon a voice vote� there being
no nays� the motion carried unanimously.
RESOLUTTON �=123-1964 CEP,TIFYING CHARGES TO ANOKA COUNTY AUDITOH:
Mayor iVee announced For Council consideration a resolution certifyang
chargee to the Anoka County Audi�or.
MoL-zon by Sheridan to adopt Resolution 7`�123-196�4 certifying charges
to the County Aud,itor to be lev3ed a�ainst eertain properties for
collection with the 1964 zaYes. Seconded by Kirkham. Upon a voice
vote� there being no nays, t�e motion carried unanimously.
t"�ES�i,UTION
,f��-I : _._—
[�f�
i�i1��i�C
Pdayor Nee announced a resolution for Council consideration directuig
the preparation of Assessment Ro11 for Storm Sewer Tmprovement Project
No. 6�F.
Motion by Sheridan to adopt Resolution #12�+-1964 directing preparation
of 9�sessment Ro11 for Storm Sewer Improvement Pro�ect No. 6�+. Secamfled
b}� uiright. Upon a voice vote� there being no nays, the motion carried
unanimously.
RESOLUTIOPd �{125-1961+ DLRECTSNG HEARING OPi ASSESSMENT ROIS,, SS '�64:
Mayor Nee announced for Council consideration a resolution directing
a hearing on 9ssessrnent Rol1 for Storm Sewer Improvement Pro�ect No.
6�F.
NIotaon b�s Sheridan to adopt Resolution �125-1964 direeting publication
oi hearzng on proposed Asse�sment Roll for Storm Sewer Improvemen�
Pro,7ect No. 6�4. Seconded b,y Kirkham. Upon a voice vote� there
being no nays� the motipn carried unanimously_
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OF ASSESSMENT ROLL -
Mayor Nee announced for Council consideration a resolution directing
preparation of Assessment Roll for 1964 service connectinns, Schedule
A. The Finance Director explained to the City Council this item was
tied in with Pro�ect �58 and it tied in service lines only on Central
Avenue� that they were contemplating a front foot charge as a
lateral. He further explained Project ��58 would install some actual
� sanitary sewer line and in add�tion to tha�a there was some water
service lines to the property lines. Mr. Comstock, consulting
enganeer� stated the main facilaties were assessed and it was a
matter of providin� stubs underneath the proposed construction to
serviee property.
Motion by Wright to adopt Resolution #126-1964 directing preparation
of Assessment Roll for Improvement Pro�ect 1g6� service conneetionsr
Schedule"A". Seconded by Sheridan. Upon a voice vote, there being
no nays� the motion carried unanimously.
)64 DIRECSING PREPARATION OF ASSESSMENT ROLL -
Mayor Nee announced a resolution for Council consideration directing
the preparataon of Assessment Roll for Improvement Pro�ect �58.
Motion by Wright to adopt Resolution #127-1964 directing the pre-
paration of Assessment Roll for Improvement Pro�ect No. 58. Seconded
by Sheridan. Mayor Nee inquired if there were some areas th�.t didn't
get stubs on Central Avenae. Mr. Comstock� consulting engineer,
replied this could very well be true. The I'inance Director indicated
it had been contemplsted picking up everyone who hadn't been charged
for a water lateral. Councilman Sheridan replied this could only
� be done to those who had service. The Finance Director stated
that some lots did z�nd had front footage. Mayor Nee ina,uired iF
when they had the hearing if they hafln't dropped some of the pro-
posed stubs. Mr. Comstock replied there had been two projects and
there was quite a bit of proposed work� Ma3�or Nee requested that
when the Assessment Roll was worked out the Finance Director would
confzrm the residents are getting the opportunity for service without
the putting in of another lateral. The Finance Director replied
they wouldn't charge somebody unless they were getting service.
Upon a voice vote, there being no nays, the motion carried unanimously,
OTHER BUSINESS
Councilman Sheri3an stated there was one other item he wished to
bring to the floor, tha.t being a letter from the St. Philip's
Lutheran Church� that they had referred one letter to the consulting
en�ineer but he had another letter regarding the drainage prpblem
in their locality. The communication was read by Councilman Sheridan.
The question was raised if the Superintendent of Public Jtilities
should f�11ow through on this or another avenue taken. Mayor Nee
suggested that St. Philip's Chm�ch be invited to clrculate a
petition in their area for drainage. Councilman Sheridan inquired
iP they should direct the City Manager to write a letter in thas
� regard. It was generally decided St. Pnilip's Lutheran Church be
contacted and a petition be suggested as there had been some ob�ectors
regarding a curb in the area.
The Caty N?anager informed the Cit�� Council it ti�as necessary to obtain
and easement from Northern Pump� that they had obtained an app-raisal
for an axea 25 feet by 732.5 feet or .43 0_° an acre and it was appra�sed
at $9�000.00 per acre and it was recommended b5+ Mr. Schafer� apprazser
that the sum of $1�300.00 be paid. It was stated by the Gi'cy Manager,
�� F ,
I�1r. Hawley of Nortnern Purrip would be available zn abou� a*aeek�
th�i. the project in t,his regard was completed and thzs agreement
dzd say they would either pay for or condemn the p�operty. City
Attorney Smith explained to the City Council this was a trunk
line. It was further explained by the City Manager the trunk
Iine was for the Pure elir Rest Home and is of no value to Northern
Pump but the Finance Director had to have a decision and it is re-
commended ati the price of �1a300.Q0.
i7otion by Wright to authorize the negntiation for and acquisi�ion �
of an easement 2S � f32.5 feet or .43 of an acre at $1,300.00
with Idorthern Pump Company.
Seconded by Kirkham. Upon a voice vote, there being no nays, the
motion carried unanimously.
The City Manager informed the City Council the legal holiday for
the Jul� 4th weekend 4rould be the 6th of July and suggested they
�aould y�ant to hold their meeting on July 7th. Motion by Sheridan
to set the regular meeting date for the City Council on July 7th,
1964. Seconfled by Wright. Upon a voice vote� there being no nays�
the motion carried unanimousl}�.
The City Manager stated he had a petitYOn signed by iour residents
received this n�ght from people on Stinson Soulevard� South of
Gardena for water and it roight be well for the City Council to
receive it for processing. Motion by Kirkkiam to receive and
refer to administration for processing Petition ��20-1961+.
Seconded by Sheridan. Upon a voice vote� there being no naysy the
motion carried unanimously.
ADJOURN:
There being no further business� Mayor Nee declared the Regular �
Council Meeting of June 2� lgo4 ad,7ourned.
Respectfully submitted,
�
�e/ ��.�.s� �/�'r-�'�������„�-`1 `�L-e-,�
Sue Nliskowic William J. Nee �
Secretary to the Council Mayor �
�
�