Loading...
07/20/1964 - 00022657J� Sheridan atated thie gave the City Council an indication as to the amount of escrow money on depoeit. The Finance Director replied they had $26�187.00 that �ae to be applied to apecific lots in eacrow money. Motion by Kirkham to close the public hearing on Storm Sewer Improvement Projec� #5A. Seconded by Sheridan. Councilman Wright inquired if everyone were clear the motion was mede to close the hearing. Upon a voice vote, there being no nays� the motion carried unenimously. RESOLUTION #144-196�F ORDERING IMPROVEMENT - SS #5B: Motion by Sheridan to adopt Resolution #144-1964 ordering improvement and final plane and apecificationa and estimatee of coste thereof; Storm Sewer Improvement Project - SS 5B (North of Highway No. 100 and East of Univereity Avenue). Seconded by Wright. Upon a roll call vote, those voting in favor oP the rsolution, Nee, Sheridan� Wright, Kirkham. Those epposed, none. The motion carried unanimously. ADJOURN: There being no Purther businese� Mayor Nee declared the Special Council Meeting of July 15� 1964 adjourned. Respectfully submitted� � ���v� `�" �"� ue MiskoHic William J. Nee Secretary to the Council Mayor RECUI,AR COUNCIL MEETING -.TULY 20� i964 A regular meeting of the Council of the City of Fridley was called to order by Mayor Nee at �:10 P.M. ROLL CALL: Members Preeent: Nee, Sheridan, Kirkham, Wright arrived at 8:15 P.M. Members Absent: Johanson APPROVAL OF MINUTES - REGULAR MEETING, JULY 7, 1964: Motion by Kirkham to approve the minutes of the Regular Meeting of July 7, 1964 as prepared and received. Seconded by Sheridan. Upon a voice vote� there being no nays� the motion carried unanimously. APPROYAL OF M2NU'i�5 - SPFCIAL REGULAR MEETING, SULY 13, i964: f��� Motion by Sheridan to approve the minutes of the Speciel Regular Meeting of July 13� 1964 as prepared and received. Seconded by Sheridan. Upon a voice vote, there being no nays� the motion carried unanimously. APPROVAL OF MiNiJTES - BOARD OF EQUALIZATION, JULY lk, 1964: Motion hy Sheridan to approve the minutes oY the Bosrd of Equalization Meeting of July 14, 19b4 as prepared and received. Seconded by Kirkham. Upon a voice vote, there being no nays� the motion carrded u5n9,nimously. APPROVAL OF MIN[TPES - SPECIAL MEETING� JULY 15� 1964: The City M�;nager requested tkiet the figure "$168.00" be changed to "$180.00" in the aecond paragraph oP page 45� line 4, s1so; that the date "July 18" be changed to read "July 15" on page 46 under the adjournment in the July 15, 1964 minutes. Motion by Kirkham to approve the minutes of the Special Meeting of July 15� 1964 as prepared� corrected and received. Seconded by Sheridan. �Upon a voice vote� there being no nays� the moti,on carried unanimously. PUBLTC HEARINGS: PUBLIC HEARING - FINAL PLAT - LOT 8, AUDITORS SUB➢IVISION N0. 22, COCHRAN: htayor Nee announced a public hearing on the final plat submitted hy Mr. Leonard Cochran,on Lat 8, Auditor's Subdiviaion #22. The City Manager read the Notice of Hearing and located �he area on the map for mambers of the City Covncil at the requeet of Meyor Nee. City Engineer Qureshi presented a p].at of the area. Mayor Nee explained ior those presed this plat was located off Stinson Boulevard and South of Rice Creek Road and inquired if there were anyone present who wiehed to be heard concerning this plat. Mr. Leonard Cochran wae present in favor of the plat and discuesed the area with City �ngineer Qureskti and members of theCouncil regarding drainage� streets� etc. Mayor Nee inquired if there were anyone else present �ho wiahed to be heard. There was no one present opposed to the final plat of Lot 8� Auditor's Subdivision No. 22. Mayor Nee declared the public hearing on the final plat of Lqt S� Auditor's Subdivision No. 22 closed. Motion by Wright to approve the final plat of Lot S, Auditor's Subdivision No. 22 and authorize the Mayor a�d City Manager to sign eame. Seconded by Sheridan. Upon a voice vote, there being no nays� the motion carried unanimously. OLD SUSINESS: SECOND READING OF ORDINANCE �'276 - ANIMAL CONTROL ORDINANCE: Mayor Nee announced the second reading of an Animal Control Ordinance and inquired if there were anyone present who wiahed to hear the ordinence read oY� ff anyone present had a particular queation regarding it. The City Manager explained to the City Council the impaunding and boarding fees were the only two iteme which had been changed. Motion by Kirkham to accept as second reading� adopt and publish Ordinance #276 which is an ordinance controlling dogs within the C3ty of Fridley requiring confinement� a compuleory eyetem of registration� the establishment of an Animal Control Officer providing for the impoundment of doge, requiring the vaccination 6� againat rabiea; and amending various portions of Chapter 61 of the City Code of Fridley and providing for control of animal nuieancee. Seconded by Wright. Upon s voice vote, there being no nays , the motion carried unanimously. Mayor Nee announced this ordinance required that doga over six months oY age would have to be licenaed in the future, SECOPID READING OF ORDINANCE �277 REZONING R-1 TO C-1 - MEADOWMOOR TERRAG'E : Mayor Nee announced the aecond reading of an ordinance rezoning an area from R-1 to C-1 in Meadowmoor Terrace and explained the area in question was located at old Central Avenue and Oaborne Road and had been reco�edded by the Planning Commiseion director, Mr. Glen Wallace and the Planning Commiaei�n and had had a public hearing. The City Manager gave the secocd reading of said ordinance. Motion by Wright to accept as second reading, adopt and publish Ordinance #2'j7 Which is an ordinance to amend the City Code of the City of Fridley, Minneaota by meking a change in zoning d3stricte in Meadowmoor Terrace. Seconded by Klrkham. Upon a aoll call vote, those votin� aye� Nee� Kirkham, Sheridan� Wright. Those voting nay� none. The motion carried unanimously. SECOND READ�PIG OF OR.DINANCE #278 VACATING EASEMENT - GUNDER SON, TFRRACE: Mayar Nee announced the second reading oS an ordinance vacating an easement in Gunderson Terrace. The City Manager gave the second reading of the propoaed ordinance. Motionby Kirkham to eccept ae second reading� adopt and publiah Ordinance #278 which is an ordinance under Section 12.07 of the City Charter to vacate e utility and drainage eaeement in Gundereon Terrace. Second- ed by Wri�ht. Upon a voice vote, there being no nays, the motion carried unanimously. S�COND READIPIG OF ORDINANCE �279 VACATING ALLEY - BLOCKS 2& 3, OAK GROVE: Mayor Nee announced the second reading of an ardinance vaca�ting an alley in Slocka 2 and 3� Oak Grove Addition. The City Manager gave the second reading of �he proposed ordinance. Motion by Wright to adopt as second reading� adopt and publiah Ordinance #279 which 1s m ordinance under Section 12.07 of the City Charter to vacate streete and alleys.snd to amend Appendix C of the City Code in Blocks 2 and 3 of Oak Grove Addition. Seconded by Kirkham. Upon a voice vote� there being no nays� the motion carried unanimouely. SECOND READING OF ORDINANCE �280 CREATING CHAPTER 8� - LIQUORS: Mayor Nee announced the second reading of an ordinance on the control of liquor and requested an expreaeion from the City Council if they wished to puraue thie ordinance. Councilman Sheridan replied there were some people present who wished to address the City Council. Mr. Robert Chrietenson was present repreaenting the Fridley Chamber of Commerce and explained the City Council had been presented a reaolution from the Chamber regarding liquor control which he read and explained the ordinance had been reviewed at the last meeting of the Chamber of Commerce and that under Chapter EI4.01, paragraph e on bottle clubs which said "any unincorporated society shall have for more than a year leased space" was a matter o£ concern to the membera. �� Li He further explaine� there was concern about the phraee "for more than a year" as to the poselble adverse effect it might have in bringing new businese into Fridley which might have to atart out without liquor and remain as a bottle club untf,l such time sa the city went to on-sale liquor. He stated the Knights of Columbus had expressed a desire to move to Fridley and it would slso prevent them from doing business� aleo� that the Fridley Chamber of Commerce� as a whale� was fauenably incld�ned for on sale liquor ior the City of Fridley and were looking iorward to when they would have on sale in the Cii.y of F'ridley. Mr. Christeneon etated the 6hamber oi Commerce wished the City Council to review this ordinance carefully before any action was taken on it. Councilman Wright replied that as he reed the ordinance a place could open as a phblic drinking place with fees to be set without waitin� a year eo it would not be a de- terrent to the openin� o� an eetablishment. Mr. Christenaon stated he was referring to set upiplaces rather than bottle clubs. Msyor Nee asaerted there would be nothing wrong with deletin� the section e in any.effect which related to bottle club. The City Manager explained section e was from a State Law and the way it was defined. C3ty Attorney Smith stated the section would have to be checked legally. Mr. Christenaon etated that uniortunately the City of Fridley wae not a member of the Chsmher of Co�erce with the exception of Councilman Kirkham being an individual member and so they were unable to communicate but they were looking forward to what would be hest for the City of Fridley and all the Chamber of Commeree wae asking wae for the City Council to review this ordinance carefully. Mayor Nee atated he felt there wae nothing in the ordinance against any private club. Councilman Kirkham easerted in the event there were any conflict, this ordinance could be amended. Councilman Wright inquired of Mr. Chrietenaon if he thought the distinetion of public liquor ae well as a set up wae important to such clube. Mr. Chrieteneon replied he could not apeak from experience but it was difficult to eay which could be of more value to a restaurant beginning and poseibly, to get a start the first year they would sell private memberships and the bottle club fact had advantages other than eet ups. Mr. Bill Weise� owner of Sandees was present and etated his objection was regarding the cost of the license, that at the last meeting council members hed talked about changin� it. Mayor Nee explained his intent in bringing this matter before the City Council wss not to work e�h�rdaHip on the induatry but a more definitive ordinance to work with and hia only interest was to have the ordinance spelled out in more detail. City Attorney Smith expleined to the members of the Council that regarding the etatutes, the langue,ge of the ordinance wea the same. Mr. Chrieteneon replied that it gave the impreeaion the Minnesota Statute was one thing and these are then apparendly reierring to the same items. Mayor Nee aeserted he had aseumed there were differences also. Councilman Sheridan stated he had resd the minutes of the previous meeting in this regard. Councilman Wright etated he had had reservetions regarding fees and further stated if they could nat agree to reduce the fee� they should exempt thoee who are holding licenaee from paying them and hie peraonal inclination would be �o equate the fees at $100.00. Mayor Nee asserted thet as he understood the ordinsnce, the fee would not be due for about a yesr. Councilman Wright replied they could perhaps set the date or month so that no one would pay thie fee until their particular license was up a�ain and the laet day oY June each year could be set. The City Manager gave the second readin� of the ordinance on liquor control. Motion by Wri�ht to aceept as eecond reading, sdopt and publish Ordinance #280 which ie an ordinance relating to the consumFhon of intoxicating liquors in public places and providing lieenses therefore; incarporating Minnesote Statutee Chapter 340; and providing penaltiea Yor v3olating with insertions under Section £��+.03, item a to read "�200.00" and item b to read "$lOC.¢Cj";'Section 81+.06 to have 6� entered the word "June". Mayor Nee inquired if it were Councilman Wright's intention that theee Yees not take ef£ect until July lst of i965 and this amendment to that effect would be in order if he so desired. Secanded by Kirkham. Moi,ion by Wright to amend Section 84.06 of Ordinance �2f30 to include the lenguage "licenees for bottle clubs or public drinking place now in effect at the tlme of paseage of thie chapter shall remain in effect for the current fiecal year without additional fee until the last day of June� 1965. Seconded by Sheridan. Upon a voice vote� there being no nays� the motion carried unanimously. Mr. Weiss inquired if no one hsd the right to epeak on the licenaes� that he could not understand why his place of business had been singled out for s�ch a high license� that he paid $135.0o for hie beer license and his total licenae to the State and Federal were about $340.00. He further etated a factory could open up and pay no fees oY any kind. Councilman Wright replied the philosophy that he could see was that the City in one area of co�erce are in business for their own goo$ and this was the municipal operation and then there were those sanetioned by State Law and the public and when you license eomeone in competition it was reasonable that they charge more. He further explained he delt the difference between a 3.2 or a bottle club set up was in competition with the citizena on revenue producing operation ���t�e City. Mr. Weiee asserted that at the laet meeting tl�ey had said it would be a token fee and �100.00 was not a token fee. Councilman Wright replied it was profitable enough to remain open and attract othere. Mayor Nee Inqu3red of Mr. Weiss if the figure of $100.00 would apply to his place of buainesa and was told this wae correct.'Councilman Wright inquired of Mr. Weiss if he only sald soft drinke if he thought he would have the same business. Mr. Weiss replied that he would as his main attraction wasr�food and the eetup Wae only an eccomodation. Councilman Wri�ht asserted he felt these people b�yin� set upe were a eignificant portion of hie bu�3nese. Mr. Weias repl�ed there were certain things a pereon in bueinesa had to do to acco�odate people and the $100.00 fee wae rather ridiculous. Councilman Wright explained the Police Department wae much more likely to be available for Mr. Weiss' eetablishment than others. Mr. Weise replied the Police Department had never had to make a ca11 to hie eetabliehment. Meyor Nee asserted he agreed with Mr. Weisa� that he had a very high regard for his operation� hut there were eome that he did not have this regard for but thie was not the rational for putt3ng this into the ordinance though in eome Wa� it rePlects the fact that the cost to the community is higher where liquor is served, Mr. Weise icqaire� why the City Council did not close the businese they were concerned about if they needed police care and were expensive to the co�uni�y� that he should not be �ade to suf£er because oi others. Mayor Nee replied the fee wae auch that it was not discriminatory� Mr. Weiss etated he was not speaking for othera in business� he wae speaking for himself and thie would raise his Zicensea to over $500.00 juat to operate. Mayor Nee replies this could very we�l prove to be too high and he would not object to reducing it. Mr. Weiss seserted they had said it would be a token fee and a taken fee was $5.00 not $100.00 and actually these feea were all covered in the beer license and were �ust a repetition. Councilman Wri�ht atated they wanted an ordtri�nre thet controlled the dietriUution oY hard liquor separately £�am th� 3l2 iicense and it was needaito give them the poser they felt they needed to control it and the cost was �100.00. Councilman Sheridan stated they had conferred on these ii�ures and he had agreed to them. City Attorney Smith stated there were a number of placee ehere the word "ordinance" was used and these ahould be corrected; to "chnpter"; namelg� page 57, the last line under E; page 59� the laet line under Section 84.07; page 59, the second line under Section 84.10� A; page 60� Section 84.15 the laet line; page 60, Section 84.1�� the first line� Section 84.17, the firet and �� third line and Section 84.18 Separability Clause should be struck out and the section for Penalty 84.19 should be made Section 8�+.18 and under the Penalty aection the word ordinance ehould be changed to Chapter. Motion by Wright to amend Ordinance #2f30 by changing the word "ordinance" to "Chapter" appearing in Section 84.01� laet line under E; the last line under Section 84.07; the second line under Section t34.10, A; Section 84.15 the last line; Section 84.16, the Pirst line� Section 84.17, the first and third line and Section 84.1f3 Separsbility Clause ehould be struck out and the section for Penalty b4,19 should be made Section 84.18 and under the Penalty aection the word ordinance should be changed to Chapter. Seconded by Kirkham, Upon a voice vote� there being no nays� the motion carried unanimously. Mayor Nee inqulred�oP City Attorney Smith regarding Section 84.13� item d� tha,t there would be no reason to prove intent unless there were a conatitutional reaeon. City Attorney Smith replied there was no constitutional question. Motion by Kirkham to amend Section 84.13� item d to delete the worda "with intent to coneume same". Seconded by Sheridsn. Upon a voice vote, there being no nays, the motion carried unanimously. Upon a roll call vote.fbr.bhe adoption and publicatlon of Ordinance �280 thoee voting aye� Nee, Wright� Sheridan� Kirkham. Thoae voting nay� none. The motion carried unanimously. LOT SPLIT REQLIEST - LOT 4 AUDITOR'S SUBDIVISION NO ,� � . Mayor Nee announced for Council conaiderat3on a lot split request, previously tabled� of Lot 4� Auditor's Subdivision No. 92. The City Msnager explained to membere of the Council the only reaeon for tabling the item was Tor a Certificate of Survey se the lot has more footage then is neceseary ae ahown on the Survey. He fLrther explained thie lot eplit was reco�ended by the Planning Commission subject to the receiving of the Certificate of Survey. Motion by Kirkham to concur with the r,ecommendation of the Planning Comm3eeion and grant the lot eplit request on Lot 4� Audi�or's Subdiviaion No. 92. Seconded by Wright. Upon s voice vote� there being no naye� the motion carried unanimously. DRASNAGE AND ASSESSMENT - MOORE LAICE HILLS (TABLED 7�7�64): Mayor Nee announced for Council conaideration a drainage and assessment problem in Moore Lake Hills. Councilman Sheridan explained to the Council members there was a memo from City Engineer Qureshi regarding this problem� that he had reviewed the lot in question with him and it wae Yound to be below the grade of the County Highway or old Central Avenue. He further explained that as City Engineer Qureshi etated the lot could be buildable with fill and at such time ae fill is required it would be the obligation of the city to com- plete a c�3lvert from the apen culvert there now and link it to the County Culvert so tk�et it could be used. Councilman Sheridan suggeated this be made a part of the minutes if the City Council wae �reesble and stated he felt there would be benefit to this property as iar as curbing was concerned. Mayor Nee inquired if the present thought was not to certify the area until it wae buildable. Mr. Utter, owner of the land Was present and stated there wea some discussion in that regard at the firet meeting this was diecuseed because of the factit was quite low� that the assess- ment would be held back until it became a building eite and there had also been some discussion regarding the splitting Of the property. It was explained by Mr. Utter that when the lote were laid out there was no sewer and water and the property t�ad to be laid out for drilling of wells and did not feel that because there was now sewer and water available the city ahould say it ehould be eplit. Councilman Sheridan stated he agreed it would take a great amaunt of fill� about 8 to 10 feet of it but the Council had taken the view the onl,y tning unbtaildable for asaesament purposee wae something under water and all sewer and water assessments had been spread on an area basis in the past, that there was not a grest deal of money involved if the City Council chose to hold this asaesament until such time as it wae built upon ae it ie less than �100.00. It was explained the width of the lot ie about 85 feet and there ie a pipe from the front of hlr. Utter'e lot running down to thia low area and there is a culvert on old Central Avenue which is not connected. City Engineer Qureshi explained to the Council if the lot were to be used the two pipea would have to be conoected. Mayor Nee inquired of Finance Director Brunsell i£ it were possible not to certify this area until it did become split. The Finance Director replied thie had been done in the past but inquired if it came to a legal test if they could put the aeaeae- ment on again. Mayor Nee seaerted it was ha�d �Eo claim it is a building site when it isn't split. The Finance Director replied this asseesment was not necessarily epread on the basis oP a eingle build- in� site� that it was the 62 Street Praject and there were areas on 57th and 58th where they did assess people on the back of their lots for purbing and paving. Mr. Utter stated he hed a neighbor who has 185 feet on old Central Avenue and he was aesessed $f31.00 for a corner lot. Mayor Nee explained the front yard is the ahort eide b y definition for aesessment purposes. Mr. Utter asserted if it were one-third of the asaessment of the frontage� he would have no complaint, Councilman Wright stated the City Attorney had said they could execute a contract offering a conditional temporary abatement until euch time as a certain numbe rof yeare had elspsed or the lot made available. hir. Utter replied now that everybody had been aseeased� he could eee where it would be difficult to change the procedure. Mayor Nee eta�ed there was poesibly another problem, that many people along old Central might make s case that they aren't getting the right kind of a deal, Mr. Utter replied he haE neighbare who had access to Old Central Avenue to their property and could be built on� that he had to contend with the culvert on his property. Mayor Nee asserted he feZt it would cost the City more to abate the contract. Councild�an Sheridan explained he did not think they ehould abate the assessment completely and if it would be eatisfeetory to Mr. Utter it was �ithin the realm of the legal viewpoint as fas as City Attorney Smith wae concerned, that Mr. Utter would be agreeable to� if the land becomee a building site� pick up the assessment. Mr. Utter stated there would be an additional coet to the city of filling the lot. Councilman Sheridan explained Mr. Utter was not contesting the benefit if this became a bullding eite. Motiont�ty Sheridan to direct the City Attorney to draw a contract to be execi��6ed by the Mayor and City Manager and Mr. Utter that if the lot should be split it ia creating an addit3onsl building site and that the assessment then would be paid. Seconded by Kirkham. Upon a voice vote, there being no nays� the motton carried unanimouely. NEW $iTSINESS: BUILDING BOARD MEETING MINUTES, JULY 8 65 �� Mayor Nee announced for Conncil consideration the minutes of the Building Board held July 8, 1964. The City Manager explained to the City Council that both the Building Board minutes and Board oP Appeals minutes were concerned with the same item and the could be taken care of together if they eo wiehed. FOR A BUILDING PERMIT BY CARL E OF Mayor Nee inquired ii this request encroached on any property the City Council would be intereated in. The City Manager replied thia was the property tY�at was offered to the City three months previous and wae tabled, that the City Council had decided not to put any option meney on it but it would be property that would be i�ediately adjacent to the Oman property and back to 5th Street. Councilman Sheridan euggeated that regarding the Building Board and Board of Appeala minutes any action be tahled until the firet regular meeting in Auguet. Motion by 9heridan to table action on the application for a building permit by Carl E. Bennett Conetruction Company for an industrial building st 6416 - 6418 - 5th Street Northeast� Lote 7 and F3� Block 2, Reea Addition to the meeting of Auguat 3rd. Seconded by Wright. Upon a voice vote, there being no nays, the motion carried unanimously. Mr. Carl E. Bennett wae present a� explained to the City Conncil his firm had contracts tY� could be signed immediately for the rental oP the propoeed building and if this were delayed they would lose the tenante. Mayor Nee replied if they were going to place the property under condemuation it was not right'�6o put s building��on it. COMMUNICATIONS: EDMUND BERG: ASSESSMENTS: Mayor Nee announced a co�unication from Mr. Edmund Berg re�arding easeaements. The City Manager explained to the City Council they had a memo which explained the item. Cauncilmen 5heridan replied he had requeated that Mr. Berg write a letter fn thia regard. It was explained by the City Manager the Finance D3rectori�hdd had time to delve into thie matter, that on the second page of the memo they had been preeented was a mep showin� the genersl area. He further explained that on the Skywood Addition there was a line equivalent to the highway right of way and thia was a line Mr. Berg was being essessed for and there is no access to this particular giece of property. It was explained the area ia 45 feet from Mr. Berg's property and the Spartan property on an easement. It was stated by the City Manager the third page oi the memo showa the way the aseessment was apread and that Plan #1 had been used for assessment, purposes in the amount of $740.04 to thie particular piece of proper- ty and in view of the additional information it was auggested they renrove the aeeessment and it ehould Ue epread aga3net Parcel 1400 which ie owned by S�artan 9tores or Gilmore� inc., upon the reco�nendation�of the Finance Director. Motion by Sheridan that the City Council remove the assessment frorn Lot eleven (11)� Parcel 1500� Auditor'e Subdivision 94 owned by Gilmore, Inc. City Attorney Smith explained they could draw ar�= reaolution that would abate the asseesment eo far ae the line of the taxpayor wae concerned but to put it on the Gilmore property it would have to run through a re-asseesment procedure with a public hearing� that the owner wante it abated as there is no henefit, A discuasion period was held regarding assessment, property, etc. Motion withdrawn hy Goune37.man Sheridan. b �� Motion b,y Sheridan that the asseeement on that part of Lot 11, Parcel 1500 in the eum of $740.04 be abated. Seconded by Wright. Upon a voice vote, there being no nays, the motion carried unAnimouely. CARLSON• BILLIARD CENTER LIC�NSE: Dia�mr �ee announced a communication for Council consideration of a request for a billiard center licenae. Mr. B. A. Cgrlson was present and etated he was exploring the poseibility of putting in a bill3ard cChtery�that it would be a family type af entertainment� that he �aas not aeking for a beer licehse and merely wsnted to know if billiard centers were legal along with pin ball machinea. He stated he would have everything to go along with the center including candy, ci�arettes� ete.� that he also wiehed to know if it wae poaeible i;o have such a center with regard to curfews and regulationa. It wae explained this type of operation wae being operated in the Sou�hern auburbs and they were not having any problema with them whatsoever, that his place of busineas would be carpeted, paneled� and of good construction and merely Wanted the City Council's reaction to thie type of recreation. Mr. Winters of Moon Plaza Shopping Center was present and atated his firm had taken a serious look at this corporation and from all available sources thie was eoneid- ered ta be a new fad being promoted throughout the country and they do run a good bueinese. kie fur�6her etated hia firm would not condone any act�ion regarding the creating of nuisances or delinquent problema, that Mr. Carleon was a person of high character and did come well represented and they would appreciate the flity Council authorizing his move into the center. Mayor Nee replied to apecifically anawer the question, there was no provieion to authorize eUCh a center and the quection did not need to be raised� that there was licenaing for food and other iteme. City Attorney Smith stated there was nothing in the code regarding pin ball machinea but there was a curfew la�r and it covered and controlled everyone up to 14 years of age after a certain hour. Mr. Carlson replied he had understood the curfew was 9�30 P.M, for 14 year old youthe. Mayor Nee inquired if the billiard center would be contiguoue to Howie's. Mr. Wintera replied there would be a four or five bay separation. Councilman Sheridan inquired what hours such an estsbliahment would be open. Mr. Carleon replied it would be open anywhere from noon to around midnight or whatever hours the City Council woudd eee.f3t to set it up and explained there is a place in Minneapolis that operates 24 houre a day and at Southtown There ie one that operates from noon to one A.M. Councilman Kirkham inquired if Mr. Carlson would etill be intereeted in thia center if the City Council were not interested in the pin ball set up. Mr. Carlson re- plied the pin ball machinee would help his revenue. The queetion wae raieed by Councilman Wright if Mr. Carlaon planned to make this center avallaUle on a tental basis to clubs� etc. Mr. Carlson replied it would be hard but it could be done and there was some talk of starting leaguea in Uilliarde in a like manner as bowling alleys do. Mayor Nee atated that probably Mr. Carleon should go ahead and do thie and if at some time it became a problem the City Council would regulate it� that the 6illiard centere he had aeen were interestin� places. The City Manager euggested Mr. Carlson might want a few minor thinga apelled out for hie own coneideration. Council- man Kirkham inquired what the restrictions were in other suburbe. Mr. Carlson replied they were open 24 hours in some placea and 13 hours a day in others. The question was raised by Councilman Kirkham if this would be designed for Yamily entertainment and if Mr. Carlson would endourap,e this and was told this was true. Mayor Nee stated there wae no need to worry about the license� that there were other iteme of the businees ta licenae. Mr. Carlson replied he had wanted the reaction o£"�he City Council to eee if they thought eomething like this would be an �sset to the community. Councilman Sheridan etated he had no objection to the buainess. Mayor Nee stated that with the possible exception of the pin ball machinee� everyone would be in favor oi a billiard center. Mr. Carlson explained he had space for six billiard tables and there could be more added at a later date. �� VISITORS: Mayor Nee inquired if there were anyone present who would like to be heard regarding any matter not liated an the agenda. Mr. Kenneth G. Nelson was present and stated he wished to promote an ordinance againet street parkin� by non-residents; that on b2nd Way between Eaet River Road and the railroad tracks they had had people parking cars and leaving them for long periods of time� �hat he had eslled the Police Department and they he,d told him there was no ordinance againat non-reeident parking. Mr. Neleon stated he wished to propose an ordinance to give the police power to tow cars away. Councilman Kirkham replied the City Council had just paesed a new ordinance that would cover this problem. Mr. Neleon asserted that when he had talked to the officer he had atated he couldn't consider thie car a h�zard. Councilman Kirkham explained the new ordinance specifically mentions parking opposite a driveway aa illegal parking and would be in effect almost immediately. CLAIMS: Motion by Wright to approve the payment of General Claime �2933 through #3018. Seconded by Sheridan. Upon a voice vote� there being no nays, the motion carried unanimously. Motion by Sheridan to approve the psyment of Liquor Clad,me #6507 thraugh #6558• Seconded by Wright. Upon a voice vote, there being no nays, the motion carried unanimouely. Motion by Kirkham to approve the payment of Public Utilities Claims #3�+30 through #3449• Seconded by Sheridan. Upon a voice vote, there being no naye� the motion carried unanimously. LICENSES: Mayor Nee announced the licenses to be considered for Council action. The City Manager explained tb the City Council the F3nance Director had a queation regarding �hei�pplicetion for a ganeral contractor's license 6y D. L. Anderson. The Finance Director atated they had hed complainte from the people in Don's 2nd Addition regarding ther= fact Mr. Anderaon had not paid any of the sasessments and he wes not certain under the ordinance if he was required to� that they had not had a clear answer on this question. The City Manager auggested thia licenee be laid over to the next regular meeting on August 3rd and he would get an opinion from the City Attorney ae it might have some effect. Councilman Sheridan inqnired iY thie had not been a private contract with the home buyera. The Finance D�rector replied he did not know iY thie was something they should or shouldn't be concerned with or not but the people had complained and Mr. Anderson had not r�newed hie licenae because he hadn't done any bueineas since the first oi May. Motion by Wright to approve the iaeuence of the following licenses with the exception oi the license of D. L. Anderson� buildeF and that thie license be continued to the meeting of Auguat 3rd, i964f EXCAVATORS Kad7.@c Excavating 724 Main Street N. W. Anoka, Minnesota by: Don Kadlec PILW •� GAS SPRVICES Dixon Plumbing & Heating 136o xighway �8 New Bri�hton� Minneaota Sassco, Inc. 475-f3th Avenue N. W. New Brighton� Minnesota � GENERAL CON'PfiAC�POR Matzka Designs, Inc. 131 26 wayzata Blvd. Minneapolis� Minneaota 55426 Pemtom� Inc. IIighway 13, R.R. #4 Savage� Minnesota Swanstrom Co. Inc. 1350 Skywood I.ane N. E. Fridley 21, Minnesota HCATING Dixon Plumbing & Heating 136o Highway �8 New Bri�hton, Minnesota Sgssco� Inc. 475-Sth Avenue N. W. New Brighton� Minnesota PLUMBING Dixon Plumbing & Heating 136o Hi�nway #8 New Brighton, Minneeota Swanson & Schiager Plwnbing Co. 7115-16th Avenue South Minneapolis� Minnesota 0'Pf�R LICENSES; SCAVFNGER LICENSE by: George Dixon by: Elaine P. Jensen RENEWAL RENEWAL by: Richard L. Matzke NEW by: Clyde E. Pemble NEW hy: George Mewhorter RENEWAL hy: George Dixon RENEWAL by: Ela�ne P. Jenaen RENEWAL by: George Dixon by: Gordon S�ranson RENEWAL RENEWAL Francis Fogerty dba: Gilberteon Sanitation RENEWAL 9015 Radiseon Road 9015 Radisaon Road Minneapolis 32, Minnesota Minneapolie 32� Minneaota Seconded by Sheridan. Upon a voice vote� there being no nays� the motion carried unanimously. PE'i'ITIONu : Mayor Nee announced for Council consideration the receipt of pet3tions for Council coneideration. The City Manager stated they had received another petition for sewer and water aervices from Couth�y Road H residents, that it contained 90� of the owners but not the property and M& 0 Paper Company property ie iridluded and they would not aign the petition but vould nat oppoee it. Mr. Robert Determan was present and stated he had talked to Mr. Harrington of the M& 0 Paper Company and he had eAid they would not eignctHe petition becauee they had no reason to. He further explained there was only one other pereon who had not eigned the petition and he had said he would sign the petition but was on vucation and other than that all residents had aigned, 1� Mayor Nee explained it would be useful to have thie person s�gc� the petition as it would make their poeition with the M& 0 8aper Company stronger. Mr. Determan explained they needed the service because some of the wells were getting low and the person �ho had not signed was not a reaident but owned a large tract of land. Councilman Sheridan inquired regarding the reaeon for Petition #25- 196b, The City Manager replied this matter was being held in abeyance by the Planning Commiesion pending a report from the Planning Conaultsnt� Mr. Wallace. Motion by Sheridan to receive Petitions #25-1964, �'d6r�.961F aha �28-1964. Seconded by Wright. Upon a voice vote, there being no nays, the motion carried unanimously. CxANGE oRDER #1 - Sw #67 AND ss #68: Mayor Nee announced the consideration of a change order for Council approval regarding Sewer and Water Improvement Project No. 67 and Storm Se�er Improvement Project No. 68, The City Manager explained to the City Council that� actually� there was a base bid 3n which the Smith and Lovelesa ejector etation was euppoeed to be bid by the con- tractor and on the alternate they could bid anything they wanted to� that Smith and loveless had been the particular type the City had and wanted the eame equipment and the eontractor had 6id the Tex-Vit station and the Smith and Loveless men had offered their station for the same price as the Tex-Vit adtat3on at $978.00 leas, The City Menager iiirther explained they wanted to be certein if they permit�ad the contractor to put in the Smith Lovelese station that the city would save the $978.00, that over the phone they had been unable to talk to the owner but the aecond in commend had said the City would derive the benefit of the $978.00. It wae auggested by the City Manager the City Council suthorize the Gity Manager to obtein something in writing that they would get a$978.00 meducd�ion and get the SMith & Loveleas equipment and if they were unable to obtain this in writing it would be returned to the floor on July 27th as they wanted to make the agreement in writing and the eqaipment hsd to be ordered. Motion by Sheridan to authorize the City Manager to negotiate with th Hurley Conetruction Company for a reduction of $9�I$.00 for the instal- lation b8.a Smith & Lovelese Lift Station. Seconded by Wright. Upon a voice vote� there beinggno nays, the motion esrried unanimously. Mayor Nee explained for these present this was for a sewage pump. CHANGE ORDER #1 - W-34R: consideration � Mayor Nee announced �he^a change order for Water Improvement 34-R. The City Manager explained to the City Council this change order was to practically cease and desist work on the wells and authorize the expenditure of appro�t3mately $4g0.00 after the dry spell. City Engineer Qureehi stated the baeic idea was that thie ie the high demand period and if they could uee all four wells� they could pump more water sndit had been felt they could use their own water and hold it down for a couple of monthe, that they would be spendipg about $450.00 more thatr if they went ahead ss they were presently doing. He further explained the balance of the money referred to was for the repair of the equipment, Motion by Sheridan to approve and authorize Change Order Number One an Water Improvement #34-�. Seconded by Kirkham. Upon a voice vote, there being no nays� the motion carried unanimously. r. � �TS��T� 7 �, Mayor Nee announced the consideration of a resolution authorizing the issuance of temporary bonde and stated the City Council had rec�fved a memo in thie regard. Motian by Sheridan to adopt Resolution �1k5-196�{ directing the iasuance of Temporary Improvement Bonds on Accordance with Laws of 1957� Chapter 385 �n Starm Sewer Project No. 5. Seconded by Kirkham. ilpon a voice vote, those Voting in �avor, Ne� Ifirkham, Wright, Sheridan. Those opposed� none. The motion carried unanimously. • u r�•�• :• � Mayor Nee announced the consideration of a resolution authorizing the sale and purchase of Temporary Bonds. Motion by Kirkham to adopt Resolution #146-1964 directing the sale and purchase of Temporary Improvement Bond in accordance with Laws of 1947� Chapt,er 385 on Storm Sewer Improvement Broject No. 5. Seconded by Wright. Upon a voice votery there being no nays� the motion carried unanimously. Cauncilman Kirkham stated that as thie appointment was not a specified job and the person came from Anoks he wiehed to know if an efSort had been made to hire someone from Fridley. The City Manager explained the person being replaced had taken a better poeition and the replace- ment had been in order. Mation by Kirkham to concur with the recotmnendation of the City Mansger and approve the following appointment: NAME Marguerite Ann Zie�ler Route S Anoka� Mingeeota POSITION SALARY REFLACES Clerk-Typiet $262.00 Betty Jean per month Okerstrom Seconded by Wright. Upon-a voice vote� there being no nays� the motion carried unanimously. OF AMENDMENT TO SECTION �F`, 2) - FUNERAL HOMES Mayor Nee announced the cofl�ideration of an amendment for funeral homes. The City Manager read the proposed ordE��iance and explained to the City Council thie would be the ftrst reading of the ordinance on this matter. Councilman Wright stated he wished to taRe-th0>>op�6i�tunity to inform the City Council he had opposed thia ordinance but after due consideration and with the majority of the opinions preaented, he would chan�e his vote, Mrs, Ma�y Shriner of 6851 Oakley Street was present to inquire why this was being included in an R-1 district and whether ar not this uas merely a way of spot zoning. Mayor Nee replied that one of the principal arguments was that the Council could put more aetringent conditiona on the property then just normal zoning and an appropri�'e��use of the land� that it was an �lternative to the rezoning of the land ae it woucldLhave gone to an R-3 to be accomplished and it could have been developed as anything. City Attorney Smith explsined if the City Council rezoned it to �t-3 to allow this particular lot for thet purpose, they would have th3s land as R-3 and could then do many things w3th it and 3t might not be limited to this particular uae. Mrs. Shriner inquired if this land wae zoned R-3 and was told it was zoned R-1 and all this does is add to the list of things in R-1 zoning and adds it only by a Special Use Permit and givea the City Council control of it. Mayor Nee aseerted it would be difficult to defend inatancee on maintaining this pertieular piece of property as R-1 on the highway. Mrs. Shriner explained it juat seemed that rezoning in this particular instance would be better than chsnging the ordinance. Council- man Sheridan explained if t,his lsnd should he rezoned 1� to R-3 the City Council would have no control as to the use of' the Property and it could be poaeible if it were rezoned that the pro- perty would be more valuable for a large apartment building and with e Special Use Pexm3t, the City Council esn control it, that he peraonally felt thie was better than rezoning to protect the residents within the area. Mayor Nee asaerted this had been the reason for the direction the C3ty Council had taken on the matter. Motion by Sheridsn to accept as first read3n� an ordinanca Lo amend Section 45.19 of the City Code to allow funeral homee and mortuaries in an R-1 District by a Use Permit. Seconded by Kirkham. Upon a roll ca11 vote� those votin� aye, Nee, Sheridan, Kirkham, Wright. Those voting nay� none. The motion carried unanimously. OTHER BUSII�SS: Councilman Kirkham stated the previoue day the Police car had gone arovnd the different neighborhoo@a with the annovncement for no sprinklin� and while they were driving around they psid no attention to people on the wrong side of the street that were eprinkling and were not enforcing the sprinkling ban and that, perhape� iP this were enforced there would not be any ahortage oY Water, The City Manager explained the police car was followed around and 3n many inetances the ppr�.nklers were turned off until after the pollce car went by and then they were turned back on, that they had just prepared a letter for the residente in this regard and the rule had no1, been violated too badly and the letter would poeaibly take care of the matter. Councilman Wright etated he had also had a nwnber of complain�s on the aame matter and felt the general ban would not be necessary if the other were enforced. The City Manager replied that at certain times it wo�uld be necessary according to what he had been informed. Councilman Kirkham atated he was concerned that the City Council would have to have a curfew at the Moore Lake Beach� that he had talked with Mr. Meyers and there are late parties that the Police Department can do very little about because the ordinance is not �pecific enought and requested comnents froro members of the City Council. Councilman Kirkham further stated he would like to still have the privilege of swimming later than 9 P.M. and perhaps even a 10 P.M. curfew would help and wished to suggest a curfew of 10 P.M, on Moore Lake Beach as there had been so many abuses of late parties disturbing the peace and leaving the beach littered with refuse and it was difficult for the Police Department to do much about the late parties becauae the ordinance has no curfew on the beach. A reeident requested to be heard and etated he arrived home from work at 11 P.M. or latex and liked to take hie family for a ewim� that possibly the curiew �ould be later and the police department could chekk more Yrequently than they are now doing and if they broke up the gange it would help considerably. Mrs. Jackie Straue was prasent and atated there would always be somebody who would object to noise and it wae not fair not to allow youngeters to Y,e together." Councilman Kirkham replied it was more than just noise, that they had had a number of cut feet from beer bottles even though it wae one of tha dleanest beaches but at night-time crowds that go there have drinking parties and this ie the problem. The �uestion wae raieed if there wae s poesibility of having the Police make epot checks on the cars for beer� etc.� and try to cleer the problem zn this manner. Councilman Kirkhsm stated closer supervision would help but they had to have something in the ordinance to help the Police Department. The City Manager explained the Police had gone to the beach srea as late as 1 A.M. in the morning and the parties quiet down and when the police leave they etart all over a�ain, that Yight naw eince they use the 6each at their own risk the police cannot make them leave. Mayor Nee stated he did not kn�w if they had the authority to eearch a cax for beer but they could have a midnight curfew. Councilman Kirkham auggested the item be placed on the agenda for the next meeting. Councilman Wright aaserted he did not want to have the curfew before midnight� that if they had people making incorrect use of the beach perhaps somethin� else could be done. 73 nnaovaN: There being no fn�t},�er Uusd�@ss�cl4ayds�'Neo �d@c�ar��.,the Regular Council Meeting of July 20, 1964 adjourned. Respectfully aubmitted, r � � f/ � .{�N�`-� � Y "� — �ue Miskow c William J. Nee Secretary to the Council Meyor BOAF�D OF EQUALIZATION MEETING July 21, 1964 The meeting of the Board of �qualization was called to order by Acting Chairman Jahanson at $:10 P.M. Present at the meeting were: Councilman Johaneon� Sheridan� Kirkham and Wright. Others: City Manager Wagner� Asseasor Herrmann and Kirchberg of the City Aaseseor's Office and Appra3ser Schwartz and Chiei Accountant Werner of the County Aesesaor's Office. Present also were Hexbert Bacon Jr. oP 159 Logan Parkway and Robert D, fienderaon of 76Q0 Stin&on Boulevard. Mr. Bacon objected to his high taxes but after checking the valuation on his property with others� he reconeidered his objection and stated that he was eatisfied. Mr. Henderson inquired ae to how the aesessed valuation r�tio of Fridley compared with that of Spring Lake Park. Mr. Schwartz of the County Aseesaor's Office stated that it compered very favorably. • Mayor Nee arrived at 8:17 P.M. Mr. 5chwartz inquired as to how the assessment had worked out on 941 Rice Creek Terrace. Mr. Hayano, owner of this property, had appeared at the Equalization Board Meeting on July 14� i964, requeeting a re- check of his property. Mr. Herrmann atated the reault was a 7 1�2� economic depreciation on the home. Mr, Schwartz then requeated that the change be made an action of the City Council. A motion was made by Wright to authorize the adjustment in Full and True valuation on Lot �; Block 1, Brookview Terrace 2nd� (Subj, to 6' utility & drainage ease. along NE'ly line) from $9260 to $ES655. Motion seconded by Nee. Motion carried. As tliere was no other bus3nesa, the meeting of the Board of Equalizal3in wes adjourned at t3:25 P.M. July 21� 1964. Respectfully aubmitted� Elinor Thoennea� Acting Secretary