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08/03/1964 - 00022623� L� REGUI.AR COUNCIL MEETING� AUGUST 3� 1964 A reguler meeting of the Council of the City of Fridley was called to order by Mayor Nee at 8:16 P.M. ROLL CALL: Members Present: Nee� Kirkham, Sheridan, Wright Members Abaent: Johanson APPROVAL OF MIGNUTES - REGULAR MEETTNG, JULY 20, 1964: Motion by Kii�kham to approve the minutes of the Regular Meeting of July 20� 1964 as prepared end received Seconded by Sheridan. Upon a voice vote� there being no nays, the mo�hion carried unsnimously. APPROVAL OF MINU'PES - BOARD OF EQUALIZATION� JULY 21, 1964: Motion by Wright to approve the minutes oY the Board of Equalization Meeting of July 21� 1964 as prepared end received. Seconded by Kirkham. Upon a voice vote, there being no nays, the motion carried unanimously. APPROVAL OF MINUTES - SPECIAL REGUI,AR MEETING� JULY 27, i964: Motion hy Sheridan to approve the m3nutes of the Special Regular Meetin� of July 2Q, 1964 ae prepared and received. Seconded by Kirkham. Upon a voice vote, there being no nays� the motian carried unanimouely. PUBLIC HEARINGS: - SPECIAL USE PERMIT - DOUBLE BUNGALOWS, 1374 FIIGFIWAY Mayor Nee announced a public hearing on a Special Use PermiL for a double bungalow at 1374 Highway #100 N.E. The City Maneger read the Notice oi Hearing and stated there was a reco�endation by the Board of Appeals; that they had moved to grant the requeat with the stipulation of ofi street parking and the front entry of the building tp be set in four feet. It wae explained there had been no objectore to the special use permit, that this item had then been referred to the Planning Commission on the Sth of July and they had recommended concurrence with the eame stipulation a� the Board of Appesls and the matter was now before the City Council with a public hearing set for this evening. Mayor Nee inquired if there were anyone present who wished to be heard regarding the named special use permit by the City Council. There wae no one present who requeeted to he heard in favor of or in oppoaition to the proposed special use permit. Mayor Nee declared the public hearing on a Special Use Permit.fo3��s�doub3e bungalow at 137� Highway �100 N.E. closed. Motion by Wright to concur with the recommendation of the Board of Appeals and Planning Commiasion and approve the special use permit� granting the building permit at 1374 Highway #100 N.E,� with stipulatians of off street parking and front entry of building to be set in four feet. Seconded by Kirkham. Upon a ao13��ca11 yot�yr�hose irot�!�g sye� Nee� Kirkham� Sheriden� Wright. Thoee voting nay� none. The motion carried uasnimously. �5 ING - SPECIAL USE PERMIT - DOUBLE BUNGALOWS 00 VAN BUREN Mayor Nee announced e public hearing on a Special Use Permit for a double bungalow at 7300 Van Suren Street Northeast, The CitybTManager read the Notice of Hearing and explained the Board of Appeals had conaidered thie permit and recommended 1t be denied� also the variance request be denied and stated there had been a unan3mous petition of neighbors in opposition. It wae explained the Planning Co�niseion had met on July 8th and after reviewing the item had recommended it be denied also and also denied the variance requ@sted because there was not enough property. Mayor Nee in�uired if there were anyone pre- eent who wiehed to be heard on the iaeuance of a apecial uae permit for a double bungalow at 7300 Van Buren Street Northeast, that a petition had been received and any coimnents in addition would be heard by the City Conncil. Mr. G. Olson of 7301 Van Buren Street Northeast was present and etated he had been one of the petitioners and wiehed t,o lnform �he City �ouncil he was satiafied with the denial. Mr. A1 W111iams wae present in favor of the Special Use Permit and presented plans to tha City Council of the propoaed building Councilman Wright requeated a eite plan and was told Mr. Williams did not have one with him thie evening. Mayor Nee explained to Mr. Williams that one of the reasons the cot�iaeions had denied the special uee permit was the variance and inquired what the requested variance was. Mr. Williama replied it was a three yard setback, that he also owned the adjoinin� lot and could take aome additional footage off of that lot, It was mentioned by Councilman Sheridan Mr. Williame had stated he would be in favor of a lot aplit. Mr. Olson asserted their main objection was the Special Use Permit and the idea of a double bungalow in that area and parking facilitiee that were available and they did not, want their neSghborhood changed by this type of houeing when Melody Manor approaches their area from the Weat and there ie no other rental property on that side from Able Street out to Univereity Avenue. Mr. Oleon f�rthereasserted they wished to see the trend continue� as it preeently wae� in private housing. Councilmen Wright stated, in hie opinion, the argument that a buffer was needed between industrial property and residential property, in this case, did not apply. Mr. Olson expla3ned to the City Council they had been ?iguring that resale value on their home would be lese and there were better homes in the area and they didn't want to degrade the neighba�- hood by thie type of housing. He further explained tha� at least every family has two cara and thie would be more care and the traffic in the neigborhood wae one of the chief objectiona to this double bungalow. Mayor Nee declared the public hearing on a Special Use Permit far a double bung,alow at 7300 Van Suren Street Northeast closed. Motion by Kirkham to concur with the recommendation of the Board of Appeals and Planning Commission and deny the request for a Speciel Use Permit at 7300 Van Buren Street N.E. Seconded by Wright. Upon a voice vote� there being no nays� the motion carried unanimously. OLD iIUSINE5S: BUILDING AOARD MINUTES, JULY 8, 1964� AND BOARD OF APPEAIS MINUTES rrrrv �r �n � mnnrnn rrnv nn �n . . - --- Mayor Nee announced the minutea of the Suilding Board and Board of kppeals meetin� 6efore the City Council had reference to the Carl Bennett property and the City Council had requested the huilding perthit for the property be postponed with the idea the property would be pir - chased b,y the city, The City Manager explained that at one time Mr. Bennett hed asked $19�500 for the purchase of his building� that there had been an appraisal of about $18,000 but did not know how this would stand in court. Mr. Bennett replied his appra3sal was better than the City's appaaisal. The City Manager inquired if the City Council were prepared to accept the $18,000 oPfer by Mr. Bennett: A diacuaeion period wae held regarding the ares avallable� square footage and the need for same. Mayor Nee inquired if the City could buy Lot 7 ae the present building is on Lot #6 and they might t� �i- have no need for it and if they went into condemnation on Lat 7 what the price of it would be. Mr, Bennett replied he had no idea as to the price. The City Manager etated he felt they cqd3d acquire Lot 8 for about �2�000. Mayor Nee asserted the City had no need for the building on Mr. Bennett's property. Councilman fJ}�ight inquired if the building vere movable and was told it wae. The City Mana�er etated the building might Y�ave eome uses for awhile. Mnyor Nee explai�ned that according to 'hhe testimony heard in court a few days bePore, a pereon wae able to buy sn acre of industriel land in Fridley for $3�000 and inquired if Mr. Bennett would be intereated in buy3ng back hie building and wae told Mr. Bennett was not intereeted. Mayor Nee stated Lot 6 was a detriment and Lot 7 was what they wanted to buy and felt the City eould enter into an egree- ment on Lot 7. Mr. Bennett replied he would wieh to sell both Lota 6 e,nd 7. Mayor Nee replied if they went into condemnation on Lot 7 it would coet both the City oY Friflley and Mr. Bennett some money and there was no question the city could condemn and inquired why they could not agree on a negotiated deal on Lot 7, Mr. Bennett replied he did not want to negotiate for jaet one lot and they could go to court. The City Manager explained the point that had to be decided by the City Council was if they wanted the piece of property with the building on it. Mayor Nee replied sll they were buying wae 40 Yeet for $15�000 and requested a motian Por Lhe diepositiori of the item. Mot3on by Wright to authorize the proceeding of acquiring not Lots 6 and 7 but Lo�e 7 and 8 through condemnation, negotiation or any other meane available. Councilman Sheridan atated it was true the vacant land was what they wanted but Mr. Benne�t did�m�lce the City an offer for all of his land and building and had preaented this offer and if the City Council did not choose to accept that offer it uould be up to them to find some other means to obtain the vacanttproperty or Lot 7. He further stated he could eee Mr. Bennett's position in wanting to expsnd h�ts real eetate to another building snd if, in the judgement of the administration� they would not be needing auch a building for office purposee or warehouae etorage� 3t wauld behbove them to proceed on Councilman'a Wright's motion. Motion died for lack of a aecond to the origin8l motion. Motion by Wright that the adminietration be authorized to proceed with the acquiring of Lo�e 7, 8� 9� 10 and 11 Prom the respective owners� Mr. Carl Bennett� Mr. Art Christenaon and Mr, Wally Oman by Negotiation or condemnation. Seconded by Kirkham. iJpon a voice vote, there being no nays, the motion carried unanimously. SECOND READING OF ORDINANCE AMENDING CHAPTER 66 (TABLED JiINF 1 Mayor•Nee announced an ordinance amending Chapter 66 and explained 1t had reierence to the discussion oY whether or not excavators should be permitted to take out a permit for outside plumbin� connections, that there is an ordinance which would permit it and an ordinance which would e.ccommdd�te it prepared for Council coneideration and an opinion by the City Attorney. City Attorney Smith explained this matter had come before the City Council a number of times and the proposals presented are alternative proposale, but ae a resultaP the ].aet meeting a week previous and at which representatives of the plumbing induatry were present but none of the excavators were preaent� he had checked the statute which epecifies in a municipality in excesa of 5,000 population� plumbing work shall be done by a licensed plumber. He further explained a copy of the plumbing code w&s obtained and he had quoted two aectione for Council's reviewal and it wae clear from the language of the plumbing code� that within the language it includea the plumbing within the premiaes of the atreet to the hovee.and it wae hie opinion that if the City Council were going to do something to amend this ordinance that about as iar as they could go was a resolution and a compromise. Mayor Nee stated �tl�at to be more speciflc the ordinance, as suggested, �J would be i]legal. Counci]man Sheridan asseri,ed that from the opinion of the Cit,y Attorney he would have to agree with the statement that such an ordinance would not Ue lawi'ul, Motion by Sheridan that i,he second reading of the ordinance amending Chapter 66 0£ the City Code dealing with Y7ater and Sewer Administrat3on and specifying that a licensed excavator may take out certain permits he i,abled indefinitely. Seconded by Wright. Upon a voice vote� t,here being no nays� the motion carried unan3mously. Motion by Wright to adopt RCSOLUTION �151-1964 establisliing the policy i'or pl�bing permits and inspection thereof. Seconded by Sherid�.n. Upon a vo3ce vote� there being no nays� the motion carried unanimously. RPCRL'ATION COMMISuION M7PTU`['1^1S - JUI,Y 27, 1964: Counc3lman �dri�ht explained the reason he had requested this item be brou�ht forward was that the Recreation Minutes contain an item wh3ch requires council action and has to do with a proposed Beach Dance which con{,ains a request for two off-duty policemen. Mr. Dunphy of the Co�ission was present and stated he did nct know what the Council required d�or the dance. Mayor Nee requested an expl�nation of the proposed dance. Mr. Dunphy replied there had been a certain amount of demand for a sand dance a.nd it seemed reasonable and proper to give it a try bui, in order to maintain order� they wanted to have two off duty policemen present. He explained the Police Departmen�L regulations require some action on the part of the City Council to malce this legitimate activity for the policemen, fIe i'urther explained they would require a uniformed o£ficer to maintain order� that 50;� of the profits of the dance would be going into the ltecreation Co�iasion Pund and the boya and �irls in charge of the dance propose to pay the policeman for their time out of the proceeds, Councilman Wright stated this was an effort to make a, new kind of recreational enc3eavor self-supporting. Mr. Dunphy gtated Police Chief McCarthy had stated he was not aut$orized to provide or to allow � police officer to take part and this needed some clarification that i.his is a recreational activity. The City D7anager sta,ted he h�.d not talked in great length with the Chief oS Police but did aseume they don't police functione juat because they happen to be Recreation functions and if the City Council s�ya they will provide so many policemen for a recreational �ession� the,y would but as far as off duty policemen� the Chief of Po]ice cennot do that unless the City Council authorizes it and Chief McCarthy would have no objection to this. Motion by Wright that the City Council suthorize the expenditure of the Funds neceseary to employ two off duty policemen for the beach dancc to be held Wedneaday� Augu�t 5� i964 and so inform Chief of Po13ce McCarthy. The City Manager explained that as fsr as policiing was concerned� the dance would get routine policing but not special polici�ig withaut authorization. Seconded by I{irkham. Upon a voice � vote� there being no nays� the mation carried unanimously. Mr. A1 Messick was present and requested to be heard regarding the hours at the beach, that,they have a problem concerning supervision at the beach aiter 9 P,M, and accdrding to the ordinance anyone can go there until midnite. He stated the Parks Department would like to close off the beach entirely after 10 P.M. and it would keep parkers� beer drinkers and people swimmin� at their own risk off the beach. Fle further stated they were having more and more problems with broken glass in the water and had had over 100 first aid calls from cuts and fe3t�they needed some kind of a rule or some Sdind of specii'ic typ� of.inspection or supervision Uy the Police Force. IIe explained that as the ordinance presently reads� they are unable to solve their problem now and �t least the beach area should be cheined at 10 P.M. Mayor Neeinquired if it was the parking that was causing the problem and problem and,w�s Lold this wa� correct. Mayor Nee suggested the L'ity Council could authorize the chaining ofi' of the parking area �nd �11o�r sr�immers to swim unt�l midnight. c� � SECOND READING OF ORDINANCE Af7ENDING 77,03: Niayor Nee announced the second reading of an ordinance regulatin� beaches 6y providing for a curfew. Zhe City Manager �ave the second readin�* of the proposed or�linance. Motion by Wri�ht that the ordinanc�; amendin� Chapter 77 af the City Code of Fridley regulatan� municipal bathin�; beaches b,y providin;� for a curfew by adding a Pararraph No. 16 to Sert,ion 77.0j therof be "I amended to read between 1Q P.T9. and 5 A.PI, P,a,yor Nee stated it was his understanding the Park Commission had agreed to chain o£P the parkin� area o£ t he beach. Councilman Wright replied that what lir. Messick had agreed to �nd irizat the group wanted was what he had proposed. �ouncilman Wri;�ht explaine�� tliat in tallcln� wath 7'fr. Don T'teyer and 1`lr. �oU l�ugktes of tkie Commisslon he had becorue convLnr,ed that the numher of users that leave debris and broken E�lass ts ex- ceedin� the number who le��itimately use it, Councilman Kirkham stated he had talked to P4r. Nieyers and he had agreed that, f'or the most �rt, the people that are guilty o£ strewin, the beach are using ii� aCter midnight and i£ they n�ere to close it at midni�lit, it would control most of that problem, He further stated that if the p�+rking area o£ the b�ach were to be chained off and not add anymore to the ordinance� it urould be better arrangement. Councilman Wri�ht asserted the only other considexation he would have was that he had a very strong £eeling of these people�and t}ie people in the area and they do need £urther proter.tion of the bear_h in the evem nE; and in consideration of the City Nlanager's report, it was admi.nistratively impossible to have the beach policed. Tn� mot�on to amend the ordinance died for lack of a second. Mr. Dick Donlin, Park Director, was �resent and stated thal,� First of' all� he �shed to question the City Counril on the necessii,y of another amendment to the present ordinance, that in Yact Itern �f2 of the ordinance authorizes the Park Sub-Committee to desi�nate a time for the operation and use o£ parks and it states that the park shal] be in use throught the authoriaation as set up by the Park Committee. He explained they had orginally presented to the City Council the times 10 P.M, to E� �.NI, and £elt they already had the tool without an=additional amendment to the ordinance. M3yor Nee replied it was tha decZSion of the �ity Council that the beach r�main open until midnight� that they'did have certain citizens thaL- use the facility after 10 P.M. and it did seem they should have that right. Mr. Donlin replied the Park C�mmittee had met arid i,he,y request the beach to be closed at 10 P.M. each evening, t,ha1, fux•ther� thtis doeNn'1; get to be a personal thing ap,aln�i, those who want to use t$is beach but any ordinance �s set up to serve the greatex� number of people and many people had called regarding the noise and nuisance. Mr. Donlin told of the vanda]ism that had taken p]ace and further stated he would argue the pa�nt the dflmage was a11 done after 10 o'clock. It was explained the Cit,y oi' Minneapolis doe; not have beaches open after 10 P,PQ. and this facility could�not be kipt open at all times for all people and would sl.ron�ly be conr_Erned about the fact' of whether i,he Ci{.y were liable if sorneone did drown. Mr. Bailey Til]er� resident� requested to be hPard and stated he did question the time of the damage done� that when a resident pays taxes they expect the people should get some benef�ts for them� i.hnt he did not think people should be sent away at 10 P.M. He further stated they had moved out from M�nneapolis int,o the ,uburbs because tYiey �lidn't lalce it, in Minneapolis� that the highway patrol goee down the hit;hwa,y and sees any problems•at the beach and if the Park Committee did u�aintain and do a beti:er ,7ob� there wouldn't be any trouble, Council- man Wright stated he was not opposed to beer drink3ng or necl=inE� . but he was opposed to destruction and damage and would personally like to see i�he park open 24 houns a day but the only long range solution•was perhaps a supplementary police department. A resident was present and stated he had lived in Bloomington snd was the Manager of the Municipal Beach and they had found very qvickly that people have to be protected from themselves and it makeA,no sense at all to allow�people to swim after 10 P,M, � �� Motion b,y Sheridap to table the second reading of the amendment to �hapter 77 of the C�ity Code of Fridley regulating municipal bething beaches by providing for a curfew by addYng'a Peragraph No. 16 to Section 77.03 thereof, Seconded by Kirkham. Upon'a roll call vote, those voting aye� Sheridan� Kirkhsm� Wr3ght. Those oppoeed, Nee. The Motion carried. LIYES�G7CK I.ICENSE r COCHRAN (TABLED JULY 27, 1964): Mayor Nee announced for Council conaideration a request for a livesi.ock license by Mr. Leonard Cochran. Mr. Cochran was present. The City Manager explained he had talked with Mr. Cochran bri�fly and he apparently feels he hae some prior rights but he would have to conform in his opinion. Mayor Nee inquired how long Mr. Cochran had had this stock. Mr. Cochran replied he had had the horse for about three yeara and in anawer tb the Mayor's question atated there wae no other livestock, that he has had a barbed wire fence since 1932 and there are seven other gi�is that rifle their horses in this area ��1 of the time. Councilman Sheridan inquired if Mr. Cochran had had livestock in the questioned area since he had lived there and was told this was true. Mayor Nee stated the City Council was all inclined to ieaue the 13cense but it uas a question of protecting the neighbore. A diecuasion period wae held regarding compliance to ordinances, area required and barn. Councilman 8heridan seser�sed he was certain there were other places in Fridley that were not compliant, Counci]� n Wright inquired if Mr. Cochran would be willing to move his fence 30 feet. Mr, Cochran replied he did qot know. The City Manager explained he wiehed to auggest if tYe City Council would waive this request for one person, they Hould have to waive it for everyone, ' Motion by Kirkham to grant the livestack permit requested by Mr. Leonard Cochran. Seconded by Sheridan. Upon a voice vote� there beingi�no nays� the motion carried unanimouely. NEW BUSINESS• CONSIDERATION OF 1965 �OPOSED BUDGET: Mayor Nee announced the coneideration of the 1965 Fropoaed Budget �ubmitted by the City Mena�er and explained it was required that th�s be the main item of businese for this meeting and that it be opened for public diecussion. The City Manager explained,it wae, of courae, a long document of some 33 pages and divided into•ceYiafin exhibits, estimeted revenues, estimated expenditurea and whatever figuree finally on these pages included in the appropriation ordinance which would be �ssed on September 21et. He further explained there ie a tudget detail outlined which runs eome 27 pages which ia the following aection and each page of thia section starting with Page 1 coincidea exactly with the Exhibit 2 of the expendituf'ee. He explained there are "other funda" listed W75ich are made up of statutory leviea already committed and which the City had no control over other than increase or decrease. In further explaining the budget the City Manager eteted the following exhibit was page 29 and was a breakdown of the eseeeaed valuatione, tax collection and breakdown of the prOposed mill levy and the following 4 pages were the capital outlay items� the aeaessed valuation, tax levy and mill levy which were figured and of which they Y�ad attempted to be coneervative and thia would be a maximum figure, It wae atated the City Council does not levy a m311 rate to the County� the County� when they get the final ssaeesed valuation, figures what the mill rate will have to be to get the city that much money and the City goes on that basie. In Fridley once in the last 8 or 9 years the valuation has been lower when they finally certified it and it wo�ld appear this 41.55 mills would be the maximum �nd what the City Council would be talking about. The City Manager gave an explana#ion of tsacea with estimatione� P.E.R.A. y �� clQvy based on payroll, firemen'e relief levy, debt service�� park bonds and special aesessments. He stated a mill ahould ra3ae� based on the estimatee about $13,230.00.andithie was why the firemen's relief levy shows $13,230.00. It was noted the valuation had increased from four million do],lars to an estimated th�.kteen and one-half million dollars and it was anticipated a good steady valuation ]Encresae would be afforded for several yeara due to induatry moving in. The City Manager stated he had urged the City Council because of the rapid growth of the City and trying to hold the line all of the time� that they should attempt to arrive at what appeare to be a reasonable mill rate for the General Fund and had suggeated in hfs experience that it would appear the city with ite preeent rspid growth and potential growth ehould level off at 35 mille ae thie Would appear to handle the increaeed needa of the city. He further�, stated this budget cauld have arrived at 45 1%2 mills but he had reduceQ it from discussions with the City Council and it now has been reduced to k1.55. It was explained the posaibility and probability was that the budget would be 41 1�2 mills if it remained intact. The City Manager stated th total General Fund expenditures requested amounted to $699,2ii.00 and the other funds seem to fluctuate and except to anyone familiar would. M.S,A. Funds were expla3ned and it was stated the City of Fridley had put in for the total amount of credits but they had not used them althoagh they were etarting to use them exteneively and this figure would be more realistic in the future. Statutory levies were explained and the City Manager stated he had not figured thie out to the way it will be later on which was the f3gure he liked to point out to individuals who pay the bill, that the figure is baeed on a perccapita basis and over 60,� is raised out of ta�ces. An example wae given if a person took 63�, of the largest expenditure which was $86�000.00 of the police aervices and comes out of property taxes and divide thie by 26,000 people. This would be a little more than $3.50 per capita per year. The City Manager explained this was a brief run through of what a 6udget wae mede up of and if there were any questione or if anyone wished some other detail he would explain� tkiat thia budget would again be on the agenda August 17 and September f3 and any mill levy proposed over 30 mills must be published and a public hearing held. It was stated that as far as the City Manager knew there had always been a public hearing� that the loweat rate wae in 1960-61 and the primary reseon for that was no one was aware the Stste would put on a 10�i increase which automatically dropped the mill down but that, generally apesking� the total mill rate had been about 3'j to 40 mills snd the etatutory levy this year was 8.E�, He explained that both the statutory and general fund are suggeated at 1.4 each and the adminietration did think they were running a better operstion all of the timea that'they had taken care of the public worke equipment as last year they had to purchase a grader and having no money the City Council made a down payment and pudgeted the money for it this year and it would be good for another ten to fifteen years. Mayor Nee atated he wished to co�ent this was a difficult problem when the adminiatration had to forecast their needs for ln months ahead and flxrther atated he felt it was appropriate to aay the City Council had met with the administration on eeveral occasione ae it had done in the past an@ hed very aggresiveZy asked for justificat3on on every major item, that he did believe as the budget was presented to the public it wae a tight budget and a prudent one. He explained that to the best of his recollection there was no major departure or no major _ new activity undertaken by this budget� that they d3d hope to hire an intern to do some research and m�nor items and most of the increase in the budget wae simply increase to keep pace in the demands and servicee they were making and they did not expect there wae going tp be any dramatic improvement in eervices as they expected to just abaut break even. Mayor Nee pointed out there was a modeet increaee in salaries for the personnel and this amounted to 2� and has amounted to this in the paet, that it is not a requirement but it seemed prudent to keep the staYP secuxe. Mayor Nee inquired if there were any member of the City Council who wishe@ to add anything to what had been �� said. Counci]man Wright stated that in FYie Cew areas where they were underl;a];ing ne�r programs they were experimental and designed to discover new wa,ys bui, very cigniFican{, ones and to i'�nd out data now to enable the Counr,tl to p3��Ln for i,he Puture. He turther �tated Lhese areas indi- cated t,l�e degr�e of planning that had gone into the budget and was en- couraqed U}� it. Councilman Sheridan stated he could justify a31 the expenditure�s they were proposing and wou1Q say that Mr. 1da�nex did ' devc�lop a very thorou�h �nfl complete bud�;et as l�e had in the past, M�,yox Nee announced he would 7.i�e to open the meeting for any comments from t,ha public� that those present would want to go into the budget i.n considerable detail at the next meet�ng Uut the Council would answer any questions now. Mr. Wi].bur 4Thitmore inquired regardin� the sizeable juirrp 9n the personal services for the MunZCipal Court and if this was combinin�; the fulltime employees w3th the part time, The City ManagPr exp3ained i.he consulting �ervices in 196�E vere for prosecutor services �nd were b317.ed back from 1963 and it was now included as part of the regular employees. Mayor Nee explained the City Council had added a ful].tame c]erk the previous year which wae not Uudgeted and it was an- ticipal;ed thai, the legislat;ure would raise the allowances for the Jud�e and this had been taken into considerat3on and the council had also added 1,he scrvices of a deputy on a part-time basis. Mr. Whitmore etated he had noticed a sizeable increase between 1964 and 1965 in the Mayor and Counci] �laries. Ma,yor Nee replied the previous year the Mayor had earnec3 $1G0.00 a month and this budget contemplates a raise to tr200.00 the counci]_man had been paid �150.00 per month and this budget contemplates a raise to �175.00� that them had also been some increase in what the� had allowed for secretarial services. `Che City Manager exp].ained i,hat the item listed as "routine expenses" never chan�ed rnuch and these items are cut by better purchasing methods and the � Finance ➢irector handles most of the purchasing. Mayor Nee inquired of the City Mcinsger if there werc an,y new departures that had eacaped his recalJ_�ction L-hat were pr.rLinen{.. The City Manager replied there were none� that i,here was to be one new policeman prov3ded for and one new public works man and the intern which is a part-time person who would do dei;ail in the budget� the water rate studies and many things that the council wishes reported upoxi. He further explained the Council'r, �dea to have an intern was a loise decision as it was a type of thing where a persnn fii.ted'for it would be someone studying in the field would be doing t,he worlc andrlit would be most helpful. Mr. Whitmore ra3sed a question re�ardin� T;lections and Re�istrations and the.de$uction inpersonal ser- vices for {.he year 1965. The City Manager replied this figure does fluctuate when there are not as meny elections �nticipated and not as many jud�;es used and e�rplained that because of the prec3ncts it didn't drop much, Pdayor Nee expl�ined that mainly L-his budget represents addin� something in different locations� that the Recreation Budget i: i'airly stiff and it could� bui, not necessarily� employ a full time director and'the large6t incrcase was.in,the Recreation BUdget and even with tliis i.he City Council has the ieelin� this is an investmant that is a good investment inithe comtmzn3ty, Councilman Sherddan stated one ii;em t�here was not much of three years previous and that was the street lip,hting program� and thzs item for the 1965 budget would be the equivalent of two mills. The Cii.y Manager explained it had increased about 500�f in the last four yeara and explained the xate char�ed to the -City by No�'thern States Power as a flat rate of $40.00 a year per light and stat,ed there was 540 street lights and there were 15 street lights at the Fnd of ]959. It was further explained by the City Manager Fridley ]ias tbe h� �kiest rate of vandala sm of. any suburb Yn the i,win city area for sl;reet lights. There was no action talcen or required on the pro- posed btt�l�;ei„ SAPR'f'Y COARdT'PITI� MEETING, JtiLY 22� 19b4: . biayor Nee �nno�zn�i for Council cbnsideraLion the minutes ,of the Safei,y CommiL-tee Meetin� held Suly 22� 1961+. Matioiz by Wriglit to recei_ve and file the minutes af the Safety Cotmnit{;ee Meeting hrtd Jul,y 22� 19G4. Seconded by Sherid�n, Upon a voice vote� iherc l�eing no nays� the motiou carried unanimou�ly. n� .W CpMM[JNICATIDPIS; FINANCE DIRECTOR: PRD-RATING SEWF.R CIIAR(�S Mayor Nee announced for Council consideration a communic�tion re�;ardzng the pro-rating of sewer charges irom the Finance birector an�i requesi,ed it be explained. The Finance Director explained to the C�ty Council his department had received compla,ints from people who move into i.he citx some time during the quarter or at odd times and these people don't feel they should pay the minimum charge for the who]e quarter. IIe furth�r � explained they were not allowed to pro-rate ch�rge3 and this would allow his department to pro-rate charge�, The City Mnna�er stat-ed t.here was an implication in the water and sewer code that implies this can be done but that it is not infinitive enough witYiout pr,ipr a,Pproval hy the City Council and it is a nuisance factor and not fair in these lnstances. The City Ma.nager suggestecl the City Co�incil authorize adminisi.ratioxi to prepare a re�o�.stion for the consideration of the Councal eind passage of same 3n which they would sei; forth a policy on water t�i111ng and this would give these department� something to r�ork with� that zt i, difficult to justiiy� explain #nd handle these tnatters as tY�ey are and i�; would pay in the long run, Motion by Sheridan.that,the City Ma.nager be direcLed to prepare a resolu- tion for the consideration of the City Council reg�rd3ng u policy on water and sewer billing ta be presentedatthe ne%�� regular meeting, Councilman Wri�ht inquired if it would be appropriai,e to add bill�ngs that a.re__now affected would.be suspended until such time? The I'ynance Director replied they did not have any azfected �t the pre:;ent 1.�me� that it ti��s at every quarter when bil.lings were made out and the next b1]lin�; would be at the end of the weelc as they bill a disis3ct every month. The City Manager stal,ed these could Ue held out, Seconded liy W�°ight, Upon a voice vote� there being no nays� the motion carried unanimousl,y. BpAR➢ OF HEALTH: R�PORTS Mayor Nee announced the report from i.he Board of Heali,h for Cowic�.l consideration. Motion by Wright to receive aud file i,he re�orts o£ �he Hbard of Health. 5econded hy Kirkham. [Jpon a voice vote� tYiere bein� no nays� the motion carried unanimously. MIID: INTERSECTION T. H. 65 AND OLD GTPTTRAL: Motion hy Sheridan to receive the coimriunication from the MinnesoLa State FTi�h4ray Departroent and insi,ruct e,dm3nistration to �ureue matter in approximately one month, Seconded hy Kirkhnm. Upon a voicc� vo{,e� 6herE being no nays� the motion carxied unanimously. BUILDING 7SISPECTION: LOTS 3. 4, & 5. BLOCx 14, AFIMILTON'S ADDI`PION; Mayor Nee announced a co�nunication from�,the Buildin� Inspector re- garding a request for a building permit, The City Mana�er explained a building was permitted for a three family dwelling on Lots 4 and 5 and a part of Lot 3� that some of this Taas no� ownecl by or Uelongs to the party apply3ng for thepermit and it had been aold and now tkiere wae ano�her party.that wanted to bu31d on the balance of' the property, Iie explained the Building Inspectioh Department refused the perm3t on the st3pulstion it was designated as a triplex �nc3 it had been discuased with the City At�borney. Mrs. Ardis McCarty was present �,nd sta�ed Mr. Hird of B& M Incorporated did not own Lpt 5 or ever had� that when he deeded out the tri-plex he deeded just 50 fee1,. Mayor ISee inquired if Mrs. MeCarty had owned the property fox• sorae t,in�e �nd was told this was true. A discuseion was held regardin� owners of the property mentioned� how the original permit for the tri-plex had been issued� who had owned the lots� how Mr. Bird had obtained a permit for the tr3-plex on a survey of which he did not c�wn F�11 of the land� who the present owner of i,he 1,ri-plex was. City AI;Lr>rney Smith suggested 3t would be appropriate for the Building Inspector ta hold the building permit first issued. Counci].man Sheridan stated if a man comes in with a Title oi' Surveya the administration would hanor �uch a thing and Mr. D3rd had actually applied on 2 1�2 lots. City ATtorney Smith inquired who the contractor oras on tYie building of the tr�-plex and wac told B& M Sncorporated, C�ty ATtorne,y Smith iuquire�d if Mrs. 9 3, MeCarty was employed 6y Mr, B3rd� and if she were a etockholder or officer in his corporation. Mra. McCarty replied she had-formerly been a bookkeeper for Mr. Bird� �as not a etockholder and worked at present for Mrs. Laurie Johneon� contractor. The City Manager inquired if the City Council would like to have some kind of a legal determinetion. City Attorney Smith replied they could either�deny the permit� they could grant the permit� they could prosecute Mr. Bird and not give him a license to operate in Fridley again but the Building Inepector won't give the permit because part of thie lot wae alreedy on another permit and he would do so only if the City Council ardere: it done. City Attorney Smith inquired if the person who owned the 20 £eet and 40 feet in questbn were present� and if he ever had a contract with Mr. Bird on the 20 feet. Mrs. McCarty replied the owner wae Mr. MeCliah and he had bought the 20 feet from Mr. Sorenaon. City Attorney Smith inquired when Mrs. McCarty had entered into a contract with Mr. McClieh and was told a few monthe previous, that Mr. Bird never owned the land in queetion and another party had. Mayor Nee atated h3e only feeling on thie item wae whrit Mr. Bird'e eide would be, that he might maintain this was still his property. City Attorney Smith aseerted Mr. Bird either made a mis- take or allowed the Building Inspector to think he owned the land anfl inquired who the present owner oi the tri-plex was and wae told by Mrs. MeCerty Mr. McClieh was, that when he bought the tri-plex he wae informed he could purchase more land to buildi a house and he was refuaed on the baeis a permit was already issued. City Attorney Smith aseerted that now the fee title was back in the one ownership, $ire. MeCarty had a con- tract nnd the title wae in Mr. McCliah's name. Mayor Nee atated the unite are licensed and the tri-plex neede to meet the code and if it didn't they would not get a certificate of occupancy. City Attorney Smith further stated the tri-plex was built with all the ares. Motion by Kirkham to�table to the next regular meeting the requeat for a building permit on the South one-half of Lot 4� and all of Lot 5� Block 14� Hamilton's Addition to Mechanicaville. Seconded by Sheridan. Councilman Wright euggeated Mre. M@Carty shoudd reappear if at all possible with Mr. McClieh� Mr. Bird and title to the land, Mayor Nee explained i,hey would have to examine whether or not the huilding Mr. McClish�.owns now is s�Yitable for occupancy. Upon a voice vote, there being na nays� the motion carried unanimausly. Mayor Plee Yurther atated there posslbly would not be a building permit granted because the tri-plex needs the land. Councilman Wri�ht aseerted that� at the moment, it is a part of the yard of the tri-plex. VISITORS: Mayor Nee inquired if there were anyone present not liated on the agenda who wished to be heard and atated Father ffiee�e of St. Williams Church had requested to be heard� that ae the City Council recalled� some weeks previous Mr. Howie Nelson and Mr. Julkoweki of the Moon Plaza Shopping Center on Univereity Avenue had appeared beiore the City Council requesting permiseion for Mr. Nelson to move hie 3.2 beer establishment to that area because he wanted to buy euppliea with the permiesion in view. Mayor Nee explained the City Council had said it was an administrative matter and the City Manager would give Mr. Nelson a letter to that effect� that it now developed thia tavern ejecte in the back up a�ainat the playground of St. William'e Parish School. Mayor Nee further explained ta Fgther Keefe that none oP the City Council members had realized this at the time but did not know if th3a would have changed matters. Mayor Nee requested that Father KeeYe addresa the City Council. Father Keefe explained, that in plsnning a school, one of the main considerations ie the protectio� of the children� that� i�ediately� they would have a catechetical school and hope to have a fulltime achool which will run regular school hours everyday. Father Keefe further explained he felt the presence of a tavern amounted to.some danger af exposition to children and thought it was undesirable that the two should be so cloeely located� that aa it is now the back door will go right ti onto the playground of the echool,, that even ap�rt 3Yom that it is still very approximate. It was explained by Fa�her Keefe there is alw�ys some fear that some of these men who fY�equent these placee will become 3nebriated� not necessarily at that place, but felt it was just unde- sirable for the school and Yor the coum�unity. Father Keefe stated it was a matter Qf principal to keep theee operationa aeparate from one ano�bher principally ior the eake of the children and requeeted the City Council review what had been done and, if there had been eome com- mittal, it wean't beyond anything to overlook that to protect the children for me,ny years. It was explained these are the critical yeara ior children and this plsce of buaineae wea not located there yet and perhape� �ith cooperation and discuaeion� it mi�ht be avoided, Father Keefe stated he would protest very atrongly the issusnce of a licenae in euch cloae proximity to the youn�sters and the nature of worahip, that the coimuunity at lsrge would be in sympathy with that poeition as it is a hazard to the welfare of youngetere to have the operations of a buslness of thie nature so close together. It was further atsted by Father Keefe he had not talked to John Hanson� superintendent of echools� but he was certain he would object to something like thie next to a football field or to the public echool, tha.t� further, it would seem a ahame the purchase of fixtures would be an ineurmountahle item at th3s particular time. Father Keefe explained he had no personal objection to the bueiness but it would be a relaxation of a very important principal at this particular time. �ouncilman Kirkham inquired how near the achool building the 3.2 tavern would be and wae told the original building would be near the edge of the shQpping center and it was planned for a poseible extenaion North which would bring it even cloaer� thet the play- ground would be directly behind and sdjacent. Councilman Kirkhsm inquired of Father Keefe if a hi�h rise fence would be satisfactory, Father Keefe replied it would not be satisiactory as it would str11 be wi�hin hearing and seeing distsnce. Councilmen Wrlght assert- ed he had the impression this wsa a row of stores with only public access on the fYont and not the back and if it vere shielded and if no child had access it would eliminate the problem, also the children would have,to walk all the way down to 61et Avenue� Father KeePeereplied it would etill Ue too close as they would be coming to the echool towards the i7ont of the ahopping center area and it would atill be a serious conaide�ation. Mayor Nee explained to Father Keefe that the problem besides the com�nittal was that there wae really no legal gmounds for denying this permit unlesa Mr. Neleon ,7ust decides not to do,it� that it ds a complying uee and a legal problem. City Attorney SmitYi exp•lained the City doee not have anything in the ordinance that limita a 3.2 beer place from a school or chnnch� that it is a kind of thing normally done by ordinance and until thie time the Council had not had any problem and no one euggested the ordinance reveal this� and explained the City Council has very broad power and in spite oi the ordinance not beiflg detaileda it is the sort of thing the Council would take into conaideration and� it wae true, there didn't seem to be any opposition when the queation wes raised and it wae moatly a question of traneierence. It vaa further expla3ned Mr. Nelson had a licenae an� wanted to know if it could be trans- ierred to this new location and whether or not he has made any expenditurea or taken any action and might change his mind was not known ae he doesn't as ye�sthave hie license hut the Cii.y ' Council did give Mr. Nelson their word he could have a license. City Attorney Smith aeserted the minimum was that Father Keefe might puraue discuaeing thie problem with Mr. Nelson and discover how set he was� that it wouldn't be a happy thing for a man to go into businese with a group flaunted and it might be a conaideration pointed out before he makes any move. He further asaerted if this cauldn't be worked out it might be suggeeted Mr. Nelson reappeer at the next meeting to reconaider hie license. F6ther Keefe replied the judgment the City Council had given Mr. Nelson was given in good fsith but in the light of this it was quite a serious factor and there are many families and children to be considered over a ein�le ind3vidual and there should be some gentlemenly way it could be resolved. The question was rai�ed by City Attorney Smith 1£ Rather Keefe had thought of talk- ing to Mr. Nelson� that it might help as the City Council had made e moral cormnitment. Father Keefe replied he would talk to Mr. Nelson but the City Council was entitled to new cansideration in the light of t,hese complainte without bei�g unethical. Councilman Kirkham. inquired if the fence were constructed so that it went all�the�rw�g, out to University Avenue� then the children walking on University on their way to the church property would not-come an� cloaer than 1d0 feet thst if there were a fence around the side and back thie would screen 3t quite a bit and help. Father Keefe replied he would not want to yield on that proximity� that he would stand on the principal of not having a tavern eo near the school as there is a clash of interests that is intrinsic. Councilman Wright agreed Father Keefe's po�ition was quite correct. Mayor Nee inquired if Father Keefe would taIlk to Mr. Nelson�•that all of the membera of the City Council would be happy to accomodate this iP Mr. Nelson would releaEe the City Council fY�om their word if Father Keefe could pursuade him it would be to everyone's best intereet. Mayor Nee informed Father Keefe the City Council would be in contact with h3m and poseibly have the item on the agenda for the next regular meeting and they would attempt to have the matter reaolved. CLAIhLS : Motion by Sheridan to approve the payment of General Claime #3019 through #3062. Seconded by Kirkham. Upon a voice vote� there being no nays� the motion carried unanimously. Motion by Wr3ght to approve the payment of Liquor Claims #6559 throu�h �E5fi5. Seconded by Sheridan. Upon a vmice vote� there being no naye, the motion carried unanimously. Motion by Kirkham to approve the payment of Public Utilities Claims ��3�+50 throu�h �3492. Seconded by Wright. Upon a voice vote� there being no nays� the motion carried unanimously. ESTIMATES: Motion by Wright to approve the payment of the following estimates: D. W. Harstad Co.� Inc. 7107 Iiighway 65 N.E. Fridley 32, Minn. Final Estimate Remodeling of racade of City Hall Hennepin I31ack Topping Co.� Inc. P.O. Box 2675 New Brighton 12� Minn. Fstimate No. 1 (Partial) Street Improvement Project No. 1964-1 (2 1�2 St.� 66th Ave.� 75th Ave.� Ironton� 77th Way� 52nd Ave.� Woody Lane) Comstock & Davis� Inc. 1446 County Road J Minneapolis 32� Minn. Frofessional En ineering Services Esti�te No. 1 ,Partial SS & W No. 67 and SS No. 68 (Fireside Drive� Lakeside Road, Riverview Terrace, 71st Way, Washington St., Eaet River Road� Hillcrest Drive� Central Ave.� Highway No. 65, Woody Lane) $�4,268.00 $ 9,540.32 $ 6,274.94 y5 �� , Su�ervisian and Ine ection Estimate No. 3 Partial Water Improvement Pro,7ect No. 34-M (Marian Hills Booeter P]ant) Eetimete No. 1 (Partial) Sanitary Sewer & Water Imp. Project No. 67 Estimate No. 1 (Partial) Storm Sewer Imp. Froject No. 68 Estime.te No. 3 �Partial) Storm Sewer Imp, Project No. 5-A (North University Storm Sewer) Eatima.te No. 5 (Parital) Sewer and Water Imp. Project No. 61 Total: C & D� Inc. Total: All Eetimates $ 125.00 $ 168.00 $ 252.00 $ 1,137•50 $ 2•50 $ 7,959•9� $23,768.26 Seconded by Sheridan. Upon a voice vote� there being no nays� the motion carried unanimously. LICENSES: M�a,yor Nee announced licenses to be coneidered for City Cauncil action. Motion by Wright to approve the iasuance of the following lieenaes: ELECTRICAL Hd�llcrest Electric Company 2050 White Bear Avenue St. Paul� Minnesota 55109 GENERAL CON�tACTORS J. E. Frediickeon 13322 North Street Hopkine� Minnesota Gunnar I. Johneon & Son� Inc. 9320 Jamea Avenue South Minneapolis� Minnesota by: C.D, Novak NEW by: J. E. Fredrickson NEW by : Iver L. Johpson MASONRY' Bert Hanson Concrete Constr. Co. 4627 Johneon Street N. �. Minneapolie� Minnesota by: Bert T. Hanaon PLASTERING A. E. Conrad Company 308 W. 59 1/2 Street Minneapolis� Minnesota � (19) Ben RuPfenach Plastering Co. 3611 York Avenue North Minneapolie� Minneaota Tooley Plaetering Company 7835 Gloria Circle Minneapolis 32� �innesota by: A. E. Conrad by: Ben Rufienach by: Earl Toaley NEW PI�W NEW NEW I�L�I.N :3'( I�7_Ci�,1�S��S: (ConL,i_nued) I'LiiTsJ?Tld(1 ;tu (2ol,l�reb�r PlumbinE= � ��tg. Co. 27G5 �akuiood �Vct�* �r� 2hton� 1'�inneSO�a C 1 G�l RET'I'F. r3ooi,h',s `l'exaco h0�1 Untiversi_{,y �ven,IJ. 1's. 1''ri�lle�r, 1'�innAsota 55�a21 J�rn's Uair,y Sbore �,7_',;7 lh�urorsit,y AvenuA N, " i°ri dl v�t� ;', �lu��sot;a 5�1121 oN�� ;>�r,�, -- —, J� m� s »air,y "i,ore G2 �3 lJni_versi l,}> �{vemie Pi. P]. Fridle;r, l�inn�sota 551121 � 81;R�7Zi;l, 5'1'A'1'T_ )N Rootl�'s '1'exaco ��)71 Un9_vcrs�_t,y �'ve. N. " •'r2dle�/� f"�'�nn sota 551i21 sast 1;� ��er ��oad Garage fi�j'Ol �asi, l�iv�r Hoad � r� dl esr� 1'�� nn�sot,a '+�'antland's Standard ' �371 C1nit�crsity Ave. N. L P'rid]e7� klinnesota 551a21 by: Si,u Rothf�eber EZ�iQCWAL by: druce ll.�'�ooth RisNLWAL 7L�00 L�ric Lane r r� �iley,N�inn.55113% by: Jarnes A.RocheSord RGNL'VdAL 6220 ltainbow 1�rive Pr��11ey, S4innesota 5542i by: Jim ltocheford RL'NL;WAL 622C� I�ainUow ]?rive Pridley� �°�inriosota SStG21 by: f3ruce �. �ooth RliNGWNL 71a00 Lyric Lane ' Nriclley� 1linneso'I,a 554a2 by: Jn� ;nh ��T. DOlin RLN�IAL 95 I�isszsslppi' Way 1`1, i', C'ridLey� Nlinnesota l�f: J�nes G, Wantland NLW �013 Dupont ��ve. N. Pi,nneapolis� hlinn. Ser.^n�1��i hy �heridan. Upon a voice �rote, 1,here bein� no nays, tt,e mot.ion carried �manimously. • 2L`��L1iTTOP3 j%1'>2-19b1� CERTTi^'YI1dC� „SSESSI�IrT]TS - LU'TS 30 &?l, SPRING D' Z� � 5R P]P�ZK : 1'�a or 1'�ee announced Por �ounci.l cons�deratlon a resolut�on-cert9fying a„s�•ssments on Lots 30 and 31 in Sprin�, �roolc Yarlc. '1'he rinance D�rector exPlained the prnpert,y was formerly church property and there w�re assessments co]lected directly and now it has been pur- cl�aseci b�, an individual as it needs i,o be certified to the County. Mot�on b,y h"ri�ht to adopt �LCSOlution /fli2-1961� certifying to the- County for collection the Sp^cial Assessments on Lots 30 and 31, Ltlock 7, Sprins, nrook Park Addition. Seconded by Kirkham. Upon a voir,e vote� there being no nays� the motion carried unariimously. t��tiC')L�17' I ON /�153-1961� SCT'I' fNG PUBLIC •HI;AR1t1G ON f�LL LEVY: Iiayor PJee announced £or �ouncil considerat�on a resolution settin� a pub]ic hc�arin� on tlie mill levy. i�ot; ,n b;j tilriFht tc adopt Resolution !}153-1y61� declarinP the - n�cesGity ror an add_itional ta,t lev,y in addition i.o the 30 P%�ill l�rtitai,ion nrovi_d�d b,y ths Cit�� harter specil�yinp the purposes u/lt and calling for a public hearing, Seconded by Sheridanr� Upon a voice vote� there being no nays� the motion carriecl unanimously. Sd/�TER SERVICE - 750p IlLOCK -�AST RIVPR ROAD: Mayor Nee announced for Council consideration the queetion of' providing water services on 7500 East Itiver Road and stal,ed the matter was self-explanatory. The City Manager indicated Mr. Wasnick� the party affected� was present and he had not had an opportunity to talk to the Finance Director in this re�ard but there was a poesibility that this problem could be handled wii.h those who are to get service jetted in and the necessary fire hydrant lines jetted in laying lateral cost to be assessed to the pro�erties it might sufiice. Mayor Nee stated this would combine the cost of i.he fire hydranta to the pr�ject. The City Manager explained i6 would be cheaper then to run a lateral and then rim ct st,ub across the highway� that tYiey had a petition from s3x property owners or 4�1`� oi' the lots. Councilman Shexidan asserted that �t the time oi the petition the people signin� the petition didn't know what the estimaied cost might be and inquired i.f Mr. Wasnicic had been advised on the estimated cost. Mr. Wasnick replied he had not but had been given an approximate price of �3.25 for ,7etting per foot. The City Manager stated they had an eatim�Le of $1�045,00 per lot or $1�480.00 for a lateral per lot. '['he Finance Director 3nqu3red if Nlr. Wasnick h�d had any estimate for the work snd was told by Mr. Wasn3ck he had and the estimate was �3•25 a foot and he had figured there was about 80 feet under East River Road, Mayor Nee inquired what the people across the street had paid for their water aervices, The Pinanee Director replied tht�t was no lateral line across the street. Mayor Nee inquired if the other residents were having troul�le with tYieir water service. Mr, Wasnick replied the we11s yrere a�l satisfactory. Mayor Nee stated he felt this ser+vice would be very expensive for the residents, The City Manager inquired how much mon�y Mr, WaEnick could put up in escrow money, Mr, Wasni,ck re�lied it would be a problem but he didn't knqw how much to escrow. Councilman 5heridan inquired why the City Coimcil would ever want to put zn a lateral with the figuresf$hey had been given ttzis evening� that everyone in that section could jet"across the East River Road and save money, City Engineer �,uresh3 explained the problem was what was reco�nended� t,he residents can jet across and provide main crossing for the hydrants but this way they wou]d have fire protection plus services at about �1�000 a lot. Con- sulting Engineer Comstock stated the report covered what C3ty Pngineer Qureshi had said and if the City Council de:;ires not to provide fire protection� than it appears the only alternative would be for the lines to b� jetted by the City with assessments or the private o�mers to jet. City A torney Smith inquired what t,he chance wou]d be of getting fire protection through a route underneath the railrond tracics as the, way mentioned didn't seem economically feasible. It was statecl Uy the City b9anaUer i,hat it did seem i;hat if they allowed Mr. Wasnick to� he could put in �5500.00 in escrow and it would cover the city's obligation ari �,he assessments, Mayor Nee inquired if Mr. Wasnick wou7.d be willin� to deposit �500.00 in escrow and have tYie City rertiiy this would provide service when it was called for. Mr. Wasnick replied it seemed to h3m that Zt was supposed to be less than $500.00� �hat he had called the City Hall and been told a much lower price for hooking up to the sewer. The Pinance D3rector replied that� normally� on the main line t�ed ot�to� the City levies a charge o£ �1+.50 a foot or something in that area but the person pays their own plum6er for hooking on and if it costs $�+.25 for this lateral charge for the pr3vilege of tying onto a main� this service line won't be quite that way because i� would be sbout $�+,50. Mr, Wasnick inquired why he w�s getting so many figures� that every time he called Lhe hall he was give�i 9 �� a different figure and every time he talked to eomeone, it was more. The City Manager replied that ae they had been pointing out, the narmal section wovld be around $550.00; therefore� it would appear that rather than jet one service through at thie time Mr. Wasnick could probably eatiafy the F.H.A. and the City would certify to them�500.00 would cover this and they could either jet or do thia by a lateral in the future. It was explained these figures come from the Finance Director and if the City Council wiahes to approve that� the City Manager was certain the F.H.A. would accept it and the owner of the house would have a well to operate and the Cii,y would have $500.00 to cover the coet of it. Mayor Nee stated thia action would be beat on the assumption that a lateral would go in at the current coste. City Attorney Smith esserted it would depend on what the F.H.A. required. Motion by Sheridan to set the eetimated cast of water lateral aervice to the property located at 7513 East River Road (Lot �1 Hevised Aud3tor'e Subdivi�ion) at the amount of �500.00. Seconded by Wri�ht. Upon a voice vote, there being no nays� the motion carried unanimously, CLAIM: CiLy Attorney Smith explained to the City Council there was s law suit against the City hy a John Caeserly; that Mr. Caseerly claims he gave the City notice of damage in 1962 but there wae no record of such a notice and the City doea have a different liability insurance carrier. He further explained the insurence company that the City had insurance with has put in an Answer under a Waiver of Rights Agreement and they may-defend but not pay any jud�ent and have asked if the City of Fridley wouldn't consent to governmental immunity. City Attorney Smith stated the City had never useithe defense but the general feeling had been that thie waen't somethirg they should be at fault on and felt that because they were bein� de�ended under a Rights Agreement they could make uae of i�unity and suggest that position. City Attorney Smith suggested the City Council could suthorize him to notify the attorniea handling the csse to etand on govexnmental immunity, that in Minneaota it had been the practice not to defend on governmental immunity and once the City hae insurance it is a protection. He ilzrther stated the public ahould have that protection and to make uae of governmental iimnun3ty is socializing law practice�, The City Manager raiaed the question iY the City spent money on liability inaurance when they have governmental immunity as an excuse would they ,7eapadize that paymentY Cit,y Attorney Smith replied it did not, Councilman Sheridan inquired where thie property wae locat�d. City Attorney Smith replied Mr. Casserly lived on the border of Fridley, Eaet of University e.nd along 53rd Avenue, It was inquired by Councilman Sheridan if Mr. Caeaerly was or was not a reaident of Fridley and was told he wae not� but that Mr, Caaserly clsims he served notice on the City in 1962 and if he served a written notice, they would end up without inaurance coverage and no defense, that he had talked to former City Attorney Kohlan and he hsd not made up a file and hia recollection wes there was no written notice and there hsd.been none fonnd at the City Hall. The City Manager etated the queation at thia point was whether or not the City Council wanted to claim governmental immunity. . Motion by Sheridan to approve the claim of defense of governmental immunity in the case of John Caeaerly -vs- the City of Fridley. Seconded hy Wright. Upon a voice vote� there being no nays� the motion carried unanimously. RESOLUTION�#i54-i964 TO ADVERTISE FOR SIDS - POLICE CARS: Mayor Nee announced for Council conaideration a-resolution advertisCng the purchase of thTee police pAtrol cars. Motiov by Kirkham to adopt Resolution �i54-i964 to advertise for bids for three police cars. Seconded by Wright. Upon a voice vote� there being no nays� the motion carried unanimously. The C3ty Manager announced the bids would be on the agenda for August 24th. 1 r►ll �soLV�rzorr - PARCEIS Mayor Nee announced a resolution for pouncil consideration authorizing the splitting oP cer,ta,in aseessments. Motion by Wright to adopt Resolution #155-1964 authorizing and directing the aplitting of Sp�cial Assessments on W. 90' oi N 1�2 of Lot,35 (Parcel 1570) and N 1�2 oP Lot 35 (Ex. W. 90') (Parcel 1565)� Auditor's Subdivieion No. 92. Seconded by Sheridan. Upon a voice vote� there being no nays the motion carried unanimously. RESOLUTION #156-196�j ORDERING PRELIMINARY REPORT - ADDITIONAL S& W: Mayor Nee announced a resolution for Council coneidere,tion ordering a preliminary report on additiona.l sewer and water. The City Manager explained to the City Council this included the area of Norton Avenue and the area near County Road H and the administration wae not certain what kind oi pro�ect it would be, Councilman Wright stated he had received a phone call fY�om one of the residents in the area and they had recon�idered their position and would like to� without withdrawin� their position� make it clear to the City Council they were really petitioning for sewer and would make thetr own arrangements for water� that their position is now they will figure out a way of getting their own water and are �illing to wait and see what happens with the North Suburban Sanitary Sewer District lateral. He further atated the residents wanted the Council informed it wae tb their beat interest, in the long run� until the City would have a new plan with the IV.S.S.S.D. The City Manager explained there wae a water report this evening and the City Council could go through a publicthearing and would auggeet they could carry thia throu�h the public hearing. Council- man ICirkham inquired if the reeidents }�ad indicated they wanted the whole psekage. Counc3lman 34right replied thet one of the men was preeent before the hearing snd hie well was dry and he had said if they couldn't get the whole pe.ckage they wanted none. The City Manager inquir@� of Conealting Engineer Cometock how close he was in having an answer on the sewer. Mr. Comstock replied he would have.it within the week, Councilman Wright inquired if the engineers would have a contingency report. Mr. Cometock replied there were four avenaee that could be followed; one was a gravity eystem� the poasibility of a temporary connection with a permanent lift atation and a temporary connection to the 73rd Avenue Syatem. Another possibility wae e permanent l�ft station and permanent connection into the N.S.S.S.D, line� that it was an analysis of the coat and some of the design ageas have changed and the zonin� in the area hae ch�n�ed; that theae figures have to be reviewed and re-examined. Tile City Manager explained to the City Council they couldn't receive the sewer report untiZ ihe 17th of Auguat but they could pass the resolutlone and receive the water report and would auggest they carry it through the public hearing and it might be.a good lste fall job. City En�ineer Qureehi atated the sewer work would be quite extensive. Mr. Cometock seaerted the City Council would want to review the conclusione previona to the next meeting. Motion by Wright to adopt Resolution #156-1964 ordering preliminary p]ans� specifications, and estimates of the costs thereof; Water snd Sewer Project Norton Avenue from cul de sac East to Central Avenue. Seconded by Ifirkham. Upon a voice vote, there being no nays� the motion carried unanimously. RESOLUTION �1�7-1964 ORDERING PRELIMINARY REPORT - ADDITIONAL S& W: 1U1 Mayor Nee announced a reeolution for Council coneideration ordering a preliminary report on additional aewer and water. Motion by Kirkham to adopt Reaolution #157-1964 ordering pre3lminary plans, specificat�ons� and estimatea of the coets thereoY: Water and Sewer Project on ounty Road H. (69th Avenue N. E.) from Central Avenue to Eaot City Limite. Seconded by Sheridan. Upon a voice vote� there being no naye� the motion carried unanimously. 9RDINANC� AMENDING CHAPTER 45: Mayor Nee announced the consideration of an ordinance emending Chapter 45 relating to trailer courta. The City Manager explained to the Ci.ty Council this ordinance and the following two ordinances to be euggested were inter-related and they were suggested by the City Attorney 6ut they would possibly like �6� diacues them together. City Attorney Smith stated the ordinance relatin� to trailer courte �ad providing for a new Dietrict R-�+ and whQt he had done wa� to say in #1 Uses permitted in an R-3 District; #2� he had taken th+a whole thing out of the induetrial area and put in the trailer court an8 provided the same proc�dure for a Speciel Use Permit and put legal descriptiona for trailer parks. City Attorney Smith explained theoonly land in an R-� diatrict would be what is now described. He £urther eaplained that on the ].ast page of the ordinance and after the last description they should have a#3, that subdivieion 13 of Section �5.14 be repealed, City Attorney Smith explained the following ordinance hae to do with the trailer eales case in the Supreme Court at the present time and this is a proposal ta amend 8ection 45.12 by adding an item marked "$" under Paragraph 20 and includes trailers, csmpers� mobile homes� boats, machinery and eporting equipment having its merchandise in the op�n and not under the oov0r of a sales room� that by having thia in the code� the City would be more specific in claimin� the section where a uae permit is required and where they wo'uld want open sales, City Attorney Smith explained the third ordinance, ss preeented� doea eetablieh some criteria on what is required for a trailes ceach site, namely 3500 square feet and they would now be putting requirementa about three times of what the State ie requiring and it would limit perhaps the impetua of trying to get trailer parke established in some other areas and making the site more spacious. It was further explaindd this would not affect existing parks but might affect expaneion. City Attorney Smith stated he had talked to Jim Hawke about this item, the peraon who had teatified in court� and he had thought this was i.he beat way to protect Fridley because the land then would be more valusble £or other purposes and it was quite reasonaLle and within the powercof theCity Crnaneil to do this. He asserted the ordinance providee what ie neceeeary in order to get a permit Yor a trailer park. Councilman Sheridan inquired how the 3500 square foot minimum would com- pare to a multiple dwelling or an apartment for a unit of building. City Attorney Smith replied he did not know� that he did suppoae they could have an impossible equare iootage but somebody that ia going into thie busineas would prefer to go into a community without this require- ment. TheCity Manager geve the Yirat reading of eaid ordinance. Motion by Wright to accept as firat reading an ordinance amending Chapter 45 of the City Code of Fridley by providing for a District known ae R-4 District and repealing Section 45.14 Subdivision 13 of the City Code relatin� to Trailer Courts. Seconded by Kirkhhm. Motion by Wright to amend an ordinance amending Chapter 45 of the City Code of Fridley by provid3ng for a Dietrict known as R-�F Aistrict an� �� repealing Section �5.14 gubdivision 13 of the City Code relating to Trailer Courta by adding the following,"that Subdiveion 13 of 9ection 45.14 be repealed." Seconded by Sheridan. Upon a voice vote� there being no nays� the motion carried unanimously. Upon a roll call vote for the acceptance of the Yirst reading of an ordinance amending Chapter 45 of the City Code of Fridley thoae voting aye, Nee, Wright, Sheridan� Kirkham. Those voting nay� none. The motion carried unenimously. ORDINANCE AMENDING SECTION 45,12: Mayor Nee announced for Council coneideration the firet reading of an ordinance �mending Section 45.12. The C�ty Manager gave the first reading of said ordinance. Motion by Kirkham to accept ae first reading an ordinance amending Section 45.12 of the City Code of Fridley by providing for an open eales lot for trailers� campers� mobile homes� boats� mechinery, sporting equipment and the like. Seconded hy Sheridan. Upon a roll ca11 vote, those voting aye, Nee� Sheridan, Kirkham� Wri�ht. Those voting nay� none. The mot3on carried unanimously. ORDINAIdCE AMENDING CAAYPER 42: Mayor Nee announced for Council conaideration the first reading of and ordinance amending Chapter 42 relating to trailer parke. The City Manager gave the first reading of said ordinance. Motion by Wright to accept as first reading an ordinsnce amending Chapter 42 0� the City Code relating to trailer parks by adding thereto a section establishing certain standarde to aupplement the require- mente of the State Statutea. Seconded by Kirkham. Upon a voice vote� there being no nays� the motion carried unanimously. OTHER BUSINESS: Mayor Nee announced to the City Council he had circulated to them an ordinance which had been drawn by Mr. Andrew ICohlana former City Attorney and given by him. Meyor Nee explained there seemed to be some questione in the minda oP eome people on whether thie ordinance is �in effect and to meke it clear the ordinance is in effect he felt it wouldbe wise to have eome licensing provisions� that he did not particularly care on the prices but Mr, Kohlan had felt thie would malce the ordinance compatible with the decision of Judge Keyes; that this would slso maintain the licensing pro- visions oY that ordinance. It was further explained by Mayor Nee city attorney Smith feele the licensing is perhape too ambitious for Fridley. Councilman Wright inquired if reeervatione of City Attorney Smith centered on inspection.City Attorney Smith atated he had reread the ordinance and did think they could llve with it, that it wasn't juet ae he would do�tit but did feel the 8ee ahould be minimal ae it can't be a tax but did not know juat what it should be. He further stated that� being more coneervative, he would have kept thia item as a registrative item and iP the amount was not a tax in dieguise 3t could be supported and the provieion in Section 2 does eafegusrd the rights of the property owner ae there has to be notice or complainta or some �uet cause and probably needs a wsrrant to get into a building. Mayor Nee replied this was the first draPt of the ordinance and would like to have it gone through but wished to move on it at the same time. City Attorney Smith stated he could have aome suggestione at the following reading. Councilman Wright suggested if this were the Pirst reading they could insert the fi�ure oi $1.00 as a meane of pseaing the ordinance on the first reading. Mayor Nee asserted this was not s realistic figure and the ordinence should have a base coet and a per unit cost. The City Manager explained the�only situation in that case would be when they went from a 7 unit apartment building to an 11 unit apartment and then a 14 unit apertment� that it should cost mare but when you get to a cert,ain number of units it should be graduated down. City AtLorney Smith suggested the fee oi $12.Q0 a year plus $1.00 or $2.Q0 per apartment where th�y are in excess of 7 units� that this, fos the small apartment owner keeps the cost at $12.00 and those tt�at l�zve large buildinga need.more work, Councilman Sheridan inqu�red il 16 should '6e set up that a 7 unit would cost a flat rate� 7 to lf3 units would have another £i�qre and so on� The City Mana�er r•eplied his thought had been $5.00 from nothing to 11 units� $6.00 i'rom 12 i.o 20 units and was suggesting it not be a large differential. Cotmcil- man %irkham suggested leaving the feea in the ordinance blank. Clty Attorney Smith suggested that because of the trouble with 6hF uromers previously� the City Council not have this £ee too high� thai. ii. is a pay-out and it could be increased. Motion by Wpi�ht to accept as first reading an ordinance rele�ting to mult3ple dwellingst and amending the Municipal Code of the CiLy of Fridley� Sectione 49.045 apd �+9.052 thereof leaving blank the do]lar spaces until'the second reading. Seconded by Kixkham. Upon a voice vote� there being.no nays� the motion ca.rried unanimously. The City`Manager stated there had been three petitions presented� Petttion �32-19�+, Petition #33-1964 and Petition �'t34-1961E on street sureacing for Liberty Street� Longiellow S�reet and on Ely Street and �aou13 sugge�t they be received for processing. Motion by Wr3ght to receive Petitions ��32-19G1F, �33-1964, atid ��3�E-196�+ and refer to administration for processing, Seconded by Sheridan. Upon a voice vote� there bein� no nays� the motinn carried uiianiniously. The City Manager reported there had been a letter received w3iioh the administsation hsd been asking for many months from Dalperg 13uild�rs and the coiltractor for the City was not happy with the reques{, but the CIty does have authority under the contract with him to delete the item. "He explained Mr. Dalberg did petition for the work Uut now wants to do it and 3f this is to be deleted it will have to be dune by Council approval. City Engineer Qureshi asserted they cuuld make it cont3ngen� upon the cost of Mr, Dalberg paying for the engineering. The City Manager auggested the City Council could authorise Lhe Change Drder and.they would work it out with Mr. Dalberg and get the necessasy money ior escrow. Mayor Nee stated ii they had an oUligation to the �contractor�he knew they had an obligation on the en�;ineering. Counmilman Wright aeserted it would be satisfactory if Mr. ➢alber�; were willing to pay the engineering coat�. City Attorney Smi,tY� e�cplained that� le�ally� they cou�d exercise it and did have tlie right�to withdraw thia port3on of worlc from �,he contraGt. Counc�lman Sheridan explained to the Council a few years previous they Yiad some real prbblems where the individual put in his own water and sewer and it was :;3�ate for Mr. Dslberg tp ma.ke such a request no�. The C �i,,y Manager replied�the only question was if it r�ould pose an assess�:ng problem ii Mr. Dalberg were not allowed to put in the eysl,eni as lie says he can have it done cheaper. City Engineer Qureshi explained Mr, Dalberg did specify in the beginning he mi�ht want to wit}idraw and ]ie had been told to write a letter but he had not and he did not come to the public hearing but did �et some prices lrom a contract,or and dicl get iigures from the office of the consultin� engineer boi, furilier e�c,plaine'd he felt it was a bad practice., Consulting �ngineer Comstoclz explaiYted to the City Council Mr. Hurley� the awarded contractor� had writtren a letter indicating he was unhappy about Mr. Da]l,erf;'s requeat and Was suggesting aome different prlces he applied� and his argtii_ ment was the.t the work on �67 Project consisted of worlc in differenL areas in the citq and th3s particular work was easy work and the other wo�k wae diff3cult and he had to arrive at a unit price� tYi�1: tlie aci.ions of the devBloper does support this positzon Yie is taking. b1r. Corn��.ocic further explained the contract documents ar� clear� i:hat the Cit,y can �idd and d�duct without any additional expense �nd Mr. Dalberg is coriert based on tfie unit price he can get the work done cheaper ii' he �loes McKinley Street by itself but it was necessary for the conir��acr,or to do the figurin� in the ma.nner he had done in his Uid. C�ty Attorney Smith inquired of NI�. Comstoclt iC lic could i,estlFy m<�uin•L tit was feasible to join I.hese streets tugether in lel.tin�; tlie l id. Mr. Comstock replied he could. J v� 1 ly � A1ol,i,�n h� Sheaidan to receive the lei.ter �'rom Dalberg Bu3lders and de�i,y ],5i s requesi; L-h�t he b� perml.tted to in:�tall a water and �sewer ^ervicc uudcr liis own ronLract an MclCinley Street. Seconded by I<irl;h�,m. itpon n voice vote� there beitla no nays� i;he motion carried u� ia n i n�ou c J Y• � CiLy rn,qincer Rureshi explained the Cit,y Council wa3 awa.re of Moon P7 a; c� ^,li�pping Center� thai, L-lie owner has his internal storm aew�r laid ntaL htil i-,li9s all referred to Project !73 and the contract under Pro�jc�ct �,A prouides that it can Ue added ou or deleted and i£ the C� ty Coiinc i]. would wie;Ya Y,l�ey could put the portion regard3ng the shop- P�n," ceni,r-�r with Project 5A because the owner wants the service riF:ht, nw�S� �nd the proUlem with Project 5B was they hadn't Ueen � �Ul� Ir+ reGOlve the putt.in�; of l�ter�ls under existing A3ghway ��47 w �{,h 1,hr Tlinne;;ot� StaLe II� ghway Department� The.City Manager, as;erLc��l ilns waE to hook up i;o the new line on Highway #�F7 and they ��erc ael;in� the CiLy Council to authorize doing that. C3ty Engineer ��nreshi cxptained S2raneon Pxcavating ha� almost completed the3r Fiorlc �nd if l,hey �aere noi, �uthorized to do this work they would be leavanu f,be job but was not c�rtain on bhe assessment problemy' - thoup,h� �l the City Coiancil so wished� the work was.possible, City AtLorne,y Smil;h ittquired if it were true Project 5B had not been��let as ,yei, and �vas to.ld this wa� true and i1, would take at least 1 1�2 �r 2 montbs. Mayor Alee inquired how ]ar�e an area they wexe removing frrnn E'�o,'ieci, �77 and ro»s told i{, was jusi; a small line. City ATtorney er.p.lained the Ci�y Counci_1 would be addin� in a contract and thie was ,�us�, con;truction and 1��d nothing to do with the hearinga. The City' M�na�;�� :i:�ii;ed this action rfould be approvin� a Change Order not writtc�n �s yet. Consu7t3ng En�ineer Comstock explained that on a mimbrr oC l.l�c�e si,reeta they ant3cipated getting M.S.A. Punds for �torm setirer Uut �ince this wou.ld hot be under a cooperative agree- ment� ii, would have to go through a disl,rict and state level�,and this� ag.3in, would have a tendency to delay the 5B Froject and further explained that regardin�; the shopping center their.pr3vate lines for tlicSr parking lots were already in and con�tructed. Councilman S}iez•idr�n inquired by putting 5B Project into 5A Project if they woulci be able to util�,ze this for their back flushing. Consul'ting rn�in�er Comstock rep_lied this was approximately the alignmen� �nd z��oii7d run East to the Uack lot line of the shopping center� thnt �1; t.hr time those streets and alleys were vacated these were obtained. Ae eacplained if the Council recalled that area on 64'th waG extremeL,y low and would remain low t�fter the"development of 'these ttao propert�es� the shopping center and the church� and this�would ho com�eci.ed to the jA Pro,�ect which would terminate at the East properl:,y line oF IIi�hway #��E7 and would be between St. Williama Church and D400i� Pl��za,. It was furthcr explained the reason it was' rt�ceseary to do Lhis before the preparation of the plan and donament was that tli� coni,raci;or wants to ]:now so that he can prepare his areas and they wcre convinced the unii; prices under.SA Project were extremely reason- aLlc �and d�ud not feel the,y would do that otell on 5B Project. Motion h,y �hFridan to auj,horize the execution of a Change Order which transi'ers trom 5B Project into 5A Pro,ject the storm sewer to Moon Plaza �Slio��pang Center and St. ,Williams Church and the Shell Station� if necess�r��, Seconded Uy Wright. Upon a voice vote� �here being no nays� the moi;ron carried unanimously. Cii,,y Pngizxeer 9,ure�hi explained to the City Council that when they had let tlic� 5A Yxroject they had been under the impression the S�gte wduld a11ow t}icm i,o q�en fTighway �iF7 but thcy did not and they had gone there and trsed to resolve the prohlems 3n services but� to date� had not been able to get anyth�ng. I�e further explained they had wsnted to be alloved to open r,at and by-pass a� it will Ue an added expense on t,bP city's part to �et i,his project finished and it was holding up the worlc to drride what should be jA and 5B Project. Conaulting Engineer Comsl,ocl: stated they had checked with the state and they have,no- pr{�x�,s�on where they can provide funds or materials fOr by.passea�and itr$'r'ue tha{- it was �ticipated they would b� letting Unlvers3ty Avenue i_n Au�;usi. oi' this year and by fall there would be a travelled lane opcn so thai; University Avenue could be dug up but it was now echedulFd for sprin� leti,ing and the 5� contractor is willing to prepai°e the by-pass providing someone else will put on the base and dusi, oil coat. Mr. Comstoclt asserted the contractor would return Unive�sit,y Ave mxe to its present condition and was certa3n the adding of mai,c�ria7. r.ould be done k�y i;lie City and should he charged against $he 5A.9torm Sewer Project. The City Manager stated the,y shnuld have author3zation of some sort for this wurk. Councilman St,eridan �isserted this was a,jo3nt venture with the State and the City and as Mr. Comstock had stated the plana were a,pproved because it was on Si.ate property and State Aid Funds were involved�; that rightful]y, i.he administrat3on should get the Highwray Department i.o pay For the ad- ditional e�cpense, He further asserted the City did need i,l�e storm sewer but was iorced to do this by the construction of i7nivers�ty Avenue and felt the City should pursue it further by resolution or something to recover the additional expense from the IiiE;hway Department. The City'Manager euggeated the City Council could authorizc thc expenditure of the•flands and advisk the State they expect i.hem io pay Por it. Consulting Eng%neer Comstock explained thas would involve three croasings the crossing at 61st which uas in� the one at 571;h and the plans on �694 are such when they reroute the traffic� the,y �rill leave present Univexsity Avenue open and will be done this fall. Motion by Sheridan to authorize the purchase of classified matcr�al for the oil and by-pass ior the cutting of Highway ��47 for Storm sewer project. Seconded by Wright. •Upon a voice vot'e� there being no nays� the motPion carried unanimoUSly. •The City Manager reported that accordin� to previous sug�estions he had attempted to get better prices on equipment at Store f/1 bui, the best�bids he could get were-$35.00 for equi�ment from Mr. LeRo,y Ellerbe and $1D0.00 ior a compressor from Mr. Art Christenson. Councilmun Sheridan inquired if the City Manager had 'had any valuation from the person who had installed the equipment, The City Manager replied he had and the City would have to talce Zt out and he had been told this was the best offer. Motion by Kirkham to accept the bid of Art Christenson for r>alvage on a coolex 3n the amount of $100.00,and the bid of LeRoy Lllerbe in the amount o� $35.00 for a cooler unii, in Liquor Store rfl. Seconded by Sher3dan. Upon a voice vote� there being no nays� thc motion carried unanimously. Councilman Wright stated he had received a phone call regardin�; a model ior a proposed new City IIall,from Mr. Smiley oP Smiley and Aseoc3ates� that he had been unable to find a commercial builder to meet requirements and had a�eed to do the work of the model and 3s willing to do it or $650.00 and would like authori2ation 1'or a decision. Councilman Wright expla,ined Ms•. Smiley had poinLed out this would not be juet a rough blocic model� it zaould be complete and would be photogx'aph�ble and in color� and in additian� wil,bouL charge� he would produce a draxing� elevations and plan� fos pro- mot3ons� public meetings and tkie like. It ��as ex_plained hy Coiancil- man Wright he felt this was justifiable taecause it doea te11 a story. Motion by Wright to authorize the expendiiure ot' $650,00 f'or �. C. Smiley and Associt�tes to produce a model oF the new City fia] 1 1,0 be delivered one rreek from this night. Councilni�n SYieridan inquired that should thP pro,7ect be accepted and adopted if� normally� a model was not included in the C�es, Councilman Wright replied Mr. Smiley had told him a model zs �ieed on the request of the client either for promotional purposes or For purposes oi demonstrating and did fee7. it taould be a d�st,�nct advanta�e that the City Council should liave it. Counc�lman Sheridan replsed he was in complete agreement they should ]:ave one, l� �aas explazned by Councilman Wright this taas not a standard thtng and it wnu]d liave to appeas 3n Mr. Smiley's contract as a special item. Secocidcd by Sheridan, Upon a voice vote� there being no nays� the moi,inu carrieQ unan3mously, The City Manoger read to i.he City Council �� letter from i,l�e Pii�iley Republican Paxty requesting use of Locke Pr�rk on Augusi, 25th fo�° thr_ purpose of a Tally. Mot�on by Kirkham to grant approval of tLe ��rm1t requested by the Fridley RepuUlican Pari,y tor the use oF Locke Par}: on August 25th for the purpose of a raLy. Seconded by Skiertidan, Upon a voice vote� there being no nays� the motion carried unanimously. � u r� Co�anciLmon IClrkham explain�d to the Cit,y Council he had before him a copy of' tlic minutes of the Parlcs and Playgrounds Subcotr�ittee meetin�; ot Maf ].�'i� 19614 with the subject "Beach Concession'� that l�c dad not think i,he Cii;y Council would have approved the fee-had t.tic5� re�l� zed the amourii; which was etated as �100.00 plus 10�0 of tlic proi'its. It was er.plained this stand occup3e�_ about 3 feet by 6 fr_et sel]in� only popcorn and pop �.id the i'ee was out oi line and would rccommend that tlie Cit,y sel,tle for the $100.00 fee that'has already been p�id and cencel the 10� oi the gross sales, Counci]�an Wr�ght ;tated he did not think they should g3ve this cheaply and inqnired what the gross sales were for the strind. Councilman 1<ir]=ham rcplied he did not know but he did sell perhaps 50 ba�s of popcorn and pop per da;/ and makes less than half of that j.n profit. Councilman Sheridan indicated thic must have been something that was added to the contract some time recentlya that the first year the oianer �ra� not required to pay tiut jus{; a i'ee and etated he was not aware oi' this ra,nd did not think the administration waa eithem. Council- man Wright stated he did wish they had i,he information of what percent of PZr. Sutton's gross -Lhe �100.OQ flat fee was� that they axe �iving h�m I,hc claentele and freednm from any competition. Counci�man I:irlcham replied if this timounted to something in dollare and cents Le ��otii_ld s�gree with that and if Mr. Sutton were selling other items �1; wou]d be different but just these two items did not make it fea:i�]e for him to ma.lce much money. Councilman Wright suggested inclitding 9n L-his motion that the City Council would like a report oC Mr, uuti,on�s �ross earnings. inoLion by Kirkhara {,h�,t the agreement with Mr. Sutton on the Seach Concession be chan�ed to read " the permit be granted in exchange I'or 1,lie payment of �100.00 and that Mr. Sutton be required to p,Uv� � report of his gross sales at the end of the season," Seconded by Wri�;ht. Upon a voice vote� tlaere being no nays� the motion carried vana n iinous 1 y. , AT7J Oi iR i�T: Therr Uein� no further business� Mayor Nee declared the Regula,r P�eetin�; of �ugust 3� 1964 adjourned, _ ]ie spc c Lfu7.].,y, s uhmit ted � � • �ae i4iskowic� Secreta,r,y ��'n"' �' / �"— William J, � e� Mayor I