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09/20/1965 - 00021869��� BOARD OF HEALTH: REPORT Motion by Wright to receive and file the report of the Board of Health, Seconded by Sheridan. Upon a voice vote, there being no nays, the motion carried unanimously, RECREATION COPIMISSION: PARK IMPROVr,'MENTS Motion by Wright to receive and file the communication from the Recreation Commission concerning park improvements and refer the question of acquiring , moxe of the privately owned lots on East Moore Lake for park purposes to the Paiks and Playgrounds Sub-Committee. Seconded by Kirkham. Upon a voice vote, there being no nays, the motion carried unanimously. COMSTOCK AND DAVIS INCORPORATED; COUNTY DITCH ik17; Motion by Sheridan to receive and file the communication from Comstock and Davis concerning County ditch i�17. Seconded by Wright. Upon a voice vote, there being no nays, the motion carried unanimously. BUILDING PERMIT 788 - 63RD AVENUE NORTHEAST: Motion by Sheridan to waive the front yard and side yard setback requir�ments, grant variances from 35 feet to 31 feet in the front yard and 10 feet to 5 feet in the sideyard in accoxd with the site plan presented by the property owner, to permit construction of a garage upon the property at 788 - 63rd Avenue Northeast and grant a Building Permit for the same, Seconded by Kirkham, Upon a voice vote, there being no nays, the motion carried unanimously. COMMUNICATION• N.S.S.S.D: EASEMENTS OUTLOT 1 RICE CREEK PLAZA NORTH ADDITION The City Manager stated that the N.S S.S.D. needs to acquire a small easement upon Outlot 1 and has asked the City for this easement for the N.S.S.S.D, � The City Manager read the letter to the Council and stated that he has had the Engineering Department verify the information given in the letter Motion by Kirkham to authorize the City Manager to sign an agreement with the N.S.S.S.D. transferring the easement to the N.S.S.S.D. Seconded by Sheridan. Upon a voice vote there being no nays, the motion carried unanimously. L._J /:� � :ui � There being no further business Mayor Nee declared the regular Council Meeting of September 7, 1965 adjo�d at 2: 55 A.M. Respectfully submitted, -��,.�����- Raymond E. Bade Secretary to the Council , /�%� �, � VV /L'���Y� William J. Nee Mayor � r : �c�� THE MINUTES OF THE SPECIAL PRIMARY �LECTION DECLARATION OI' RESULTS COUNCIL � THE MINUTES OF THE REGULAR COUNCIL MEETING OF SEPTEMBER 20, 1965 A regular meeting of the Council of the City of Fridley was called to order by Mayor Nee at 8;05 P.M. FOLL CALL: Members Present: Nee, Kirkham, Wright, Thompson (Thompson left at 12;15 A.M.) Members Absent: Sheridan 152 APPROVAL OF MINUTES - REGULAR COUNCIL MEETING OF SEPTEMSElt 7, 1965: Motion by Kirkham to adopt the minutes of the Regular Council Meeting of September 7, 1965 with amendments as follows: On page 10, paragraph 3, delete the words "Parks" and "Recreation" and substitute, therefore, the words "Police" and "Streets". On line 3, page 11; lines 26, 28, 29, 30 and line 36, page 12 delete the words "Taxpayers Association" and substitute, therefore, "Fridley Tax Study Group". Seconded by Wright. Upon a voice vote, there being no nays, the motion carried unanimously. APPROVAL OI' MINUTES - CANVASS OF ELECTION, SEPTEMBER 15, 1965: ' Motion by Ldright to adopt the minutes of the Canvass of Ele ction of September 15, 1965. Seconded by Thompson. Upon a voice vote, there being no nays, the motion carried unanimously. PIIBLIC HEARING ON ASSESSMLNT AOLL - SS&SW ik58 (CONTINUED FROM 9/7/65): Motion by Llright to continue tn the regular Council Meeting of October 4, 1965 the Public Hearing on Assessment Roll SS&SW ik58. Seconded by Thompson. Upon a voice vote, there being no nays,the motion carried unanimously. PUBLIC HEARING 1966 BUDGET; (CONTINiIED FROM 9/7/65): Mr, W. R. Tonco and Mr. Whitmore of the Fridley Tax Study Group were present at the Council Meeting. Mr. Tonco stated that he wished to question the Council concerning the budget for legal services given on page 10. He asked why there was an increase in the budget for legal services from $6,200 per year to $9,600 per year. Mayor Nee answered that the salary of the City Prosecuter was transferred #rom the court budget to the legal budget and this is the reason for the increase. Mr. Tonco asked why the salary for temporary employees for the Parks Depart- ' ment given on page 25 of the budget was listed as $13,880,00 whereas, the salary for regular employees is listed as $9,0OO.OD. Mr. Tonco noted, further, that the Recreation Department regular employees' salaries were listed at $4,200.00 and temporary employees at $23,205.00. Mayor Nee answered that the temporary employees were life guards for the City beach, playground directors for neighborhood parks and umpires. Councilman Wright noted that the appropriation item also includes the wages of warming house attendants. Mr. Tonco asked why the fund for contingencies listed on page 29 is so large. He stated that he questions whether this amount is legal and Ln accordance with Section 7.0$ of the City Charter. Mayor Nee answered that the contingency fund provides an allowance for errors in the trudget and for items difficult to plan, such as snow removal. Councilman WrLght noted that the Charter provides that contingency funds may be 10% in excess of the budget. Mayor Nee stated that the contingency fund is a great deal less than 10% of the budget, He stated that the City Manager is to be commended for having budgeted very carefully, and that the City Manager always has included a small contingency fund in the budget. He stated that he believes the budget is we11 defined and we11 planned. Mr. Whitmore asked why the salaries for election �udges and clerks varies as much as 300% from year to year. Mayor Nee answered that the salaries vary because the City assumes that there wi11 not be two elections in a year when there is only a City wide election. He stated that the additional cost of � the primary in 1965 will increase the costs for election �udges and clerks over and above the amount of the budget, IIe stated that the City also planned for one shift of election �udges to handle the election, but the City found this is not possible during 1965 The Finance Director stated that the budgeted amount for 1965 is 1oca. He stated that a large turn out at an election produces more work £or the election �udges and raises the-cost of the election. �1r. Whitmore stated that he observed that the budget for the band was $1,680.00 plus $150.00 for other items. He stated that the band performs only six to ��� eight times per year and has between 6 to 25 attending the band concerts. He stated that there are perhaps 25 adults in the band, and that this attendance makes the band basically a recreation program for adults. Iie stated that considering the small attendance this part of the recreation pxogram should be paid fox by the adults in the band. Mr. Whitmore stated that only a sma11 group benefits from the band concerts, whereas, the entire City could use this money elsewhere. He stated that other adult recreation programs such as volley ba11 and basketball attended by only 6 to 12 adults could be cut from the budget and the revenue used elsewhere. The Mayor stated that Mr. Tdhitmore had a good argument. He informed Mr. Whitmore that the Council � told the Parks and Recreation Departments to cut their budget and they did cut the budget of their own accord and accor3ing to their own choosing. Councilman Wright stated that the Parks and Recreation Boards have an amount given to them in the budget for experimental programs. He stated that the band program is one of these experimental programs, and that the experimental program is allowed to run for three years. He stated that tihe band has been running for two years, and it has been noted that the attendance at band concerts has not been very good, He stated that with the addition of a fu11 time Parks and Recreation Director, it was felt the band should be allowed to run for another year to see whether the Parks and Recreation Director could improve the program and get more interest in it. Councilman Wright stated that the costs of the band amount to $.15 per household in the City of Fridley, Councilman Kirkham stated that the band can contribute to the image of the City He stated that the band won a prize in competition for the Aquatennial Parade, and that the band is more than recreation - it contributes to the City image. Mr. Whitmore stated that he would like to propose a cut in the budget for the band, and although this amount is sma11 and other cuts suggested by the Fridley Tax Study Group are sma11, amounting to approximately $3,000, cutting the budget by $3,000 in several places could amount to a substantial sum. He stated that if band members were charged dues of $10 to $20 for the services provided to them, the taxpayers could have the band at no cost. Councilman Wright stated that there would be no question of charging partici- pants in a recreation program a fee if the program benefits only the people � taking part in it, Mr. Whitmore stated that he wished to thank the Council on behalf of the Fridley Tax Study Group for the time given to the Tax Study Group to consider the budget. He stated that the Tax Study Group found the Council has done a good �ob holding the line on the budget. Mr. Whitmore stated that on,behalf of the Police Commission he wished to ask the Council to cansider adding three patrolmen to the police force in this coming year. Mr. Whitmore noted that the budget allows for the addition of one more patrolman, He stated that the standard police force in a suburban co�nnity of this size is one patrolman per thousand population. He stated that on this basis Fridley needs 25 patrolmen, and the additi�n of three patrolmen to the present 15 man force leaves the City far under the requirements Mr. Whitmore stated that as the City increses in population, the police problems wi11 multiply and could increase faster than the p�pulation He stated that an example of these problems is the trouble the City has recently had with hoards of juveniles in Holly Shopping Center. Mr. Whitmore stated that the present police budget provides a three car patrol with five men, leaving one man to patrol hy himself. He stated that he believes this is a dangerous axrangement and the City could find a patrolman dead in some secluded place for no known reason, Mr, Whitmore stated that the $3,000 cut from the recreation program could help pay for one additional patrolman. He stated that if the City cuts the budget of the Police Departmeut too , sharply, the City will be too far behind year after year Mr, Whitmore stated that it is easier to compute the number of personel needed Uy the utility departments than it is to compute the number of inen needed on the Po1ice Department, however, Crime Bureau studies recommend the use of one patrolman per thousand population. Mayor Nee stated that the City Manager talked in favor of hiring three addi- tional men. Mrs. Edith Evans stated that the City of Fridley is located in a metropolitan area. She stated that there are four highways running through the City of Fridley and that traffic and industry bring a�ot of people to Fridley. She stated that more robberies are carried out by`persons living outside the City of Fridley, and that growth of the City will attract more undesirable characters to the City. Mrs. Evans stated that she does not believe merchants would want 18� to invest in the City of Fridley if they suffer many burglaries and robberies. She stated that the police work three eight hour shifts which divided amono 16 policemen, with days off for individual policemen and sick leave provides for, at the most, five policemen on duty at any one time. Mrs. Evans stated that the City of Fridley is a large area for five policemen to patrol. Mrs. Evans stated that the City has never before seen juvenile hoards running wild in the shopping canter. She stated that she believes the City cannot afford the kind of saving which allows an increase i_n the crime rate, Mayor Nee stated that the Council is aware that the Police Department is approximately 60% of recommended strength, He stated that the Council knows the Police Commission asked for an additional three policemen to be added to the force. , A visitor to the Council Meeting asked whether the Police Commission has data concerning the crime rate and the number of crimes solved. Mr. Wilbur Whitmore answered that the Police Commission has this data but he does not have it with him at the Council meeting. The visitor asked whether the crime rate has increased. Mr. Whitmore answered that the crime rate has increased and is increasing with the increase in population in the City of Fridley. Mr. Whitmore stated that the Police Department is not losing its war against crime as fast as the populatnon is increasing. He stated that 66 to 75% of crimes are solved, and the number of unsolved crimes is increasing even though the ratio is sti11 pretty good. Mr. Whitmore stated that if the police fo=ce is allowed to decline below the recommended manpower, Fridley will have a reputation from having an undemanned police force which will attract undesirable characters to the City and require manning over and above the recouanended amount in order to cure the problems which this reputation will create. Mr, Whitmore stated that it does not take juveniles very long to size up the efficiency of the police force. Mr, Whitmore stated that the City is in a fairly good sitixation now, and should buil� the police force to a reasonable ratio. He stated that the cost of one murder or one rape, which could have been prevented, is very hard to calculate. The cost of one life which is taken can't be replaced, whereas, things such as roads and utilities can be repaired and the costs are known. Mr. Donald Mu11in asked whether the ratio of one policeman per thousand ' population is a reco�endation for suburban communities. Mr, Whitmore answered that this is correct and that the recommendation is for communities in the western part of the United States. Mr. Mullin asked what the recommended ratio is for the City of New York. Mr. Whitmore answered it is three men per thousand population. Mr. Mu11in asked the recommended police force ratio for the City of Minneapolis, Mr. Whitmore stated that at the present time he believes the City of Minneapolis has approximately 1-1/3 policemen per thousand population. Mrs. Evans stated that the ratio quvted� by Mr. Whitmore does not include the Park Police in the City of Minneapolis. Mr. Whitmore stated that it also does not include the 54 IIniversity Policemen and Private Detectives. Councilman Wright stated that the population basis upon which the number of policemen were computed also did not include the population of students at the Universrty of Minnesota. He stated that the FridleyPolice presently patrol Loeke Park and other park areas in the City of Fridley. He stated that, in the future, the City of Fridley plans to add a Park Police Department. Mr. Mullin asked how the City of Fridley compares with other suburbs. Mr. Whitmore answered that the suburb of Brooklyn Center has 20 policemen for a population of slightly more than 26,000 people. Mrs. Evans stated that Coon Rapids is having an extremely serious �uvenile problem, and that the City of Fridley does not want to have such a problem. Mrs. Evans stated that Fridley is part of the Metropolitan area and not a small town, and that the City of Fridley must have a force adequate to meet the problems of a Metropolitan area. Mrs. Evans stated, further, that she believes policemen should be specialized in their activities and policemen � of the City of Fridley do not have specialized work now. Mayor Nee asked Mr. Whitmore what help the City obtains from the County. He stated that hebelieves the County provides a Juvenile Investigator and perhaps an additional police officer. Mr. Whitmore stated that the County sheriff patrols the countryside and not the municipalities in Anoka County, He stated that the County does provide a Juvenile Investigator for the City of Pridley and other places in the County, Councilman Wright stated that the cost of an additional policeman is $10,000 to $12,000 per year including the cost of uniform, training and equipment. i�5 Mayor Nee asked whether the addition of another policeman to the force makes it necessary to add another patrol car to the police equipment. Mr. Whitmore answered that at the present time one patrol car is operated with only one man, that the police force works a five day week and on off days there would not be five men per shift. He stated that the police force could be increased to 20 men before it would be necessary to add another patrol car to the Porce_ Mayor Nee asiced whether there were any other questions or comments concerning the 1966 budget. There were no other comments. NIayor Nee declared the hearing closed, � SECOND READING OF ORDINANCE ��310 CLASSIFYING ADDITIONAL ZONING DIS'iRICTS: The Acting City Maia ger xead the Ordinance. Motion by Thompson to accept the Ordinance classifying additional zoning districts upon second reading and authoiize publication of same. Seconded by Wright. Upon a roll call vote, there being no nays, the motion carried unanimously. The Acting City Ma�er pointed out the location of the proposed easemenl on the map. Mayor Nee stated that it is the purpose of this easement to oUtain piivate property in a trade for the easement in order to secure a new road easement. Motion by Wright to waive second reading of the Ordinance, to adopt the Ordinance and publish same. Seconded by Kirkham Upon a ro11 call vote, there being no nays, the motion carried unanimously. RESOLUTION CONI'IRMING ASSESSMENT ROLL - SS&SW �k58: Motion by Kirkham to table to the regular Council Meeting of October 4, 1965 consideration of the Resolution confirming Assessment Roll SS&S�d -0�58. � Seconded by Wright. Upon a voice vote, there being no nays, the motion carried unanimously. FRIDLEY - COLUMBIA HEIGHTS DRAINAGE (TABLED 9/7/65): Mrs. Comstock stated that at the last Council Meeting a letter had been included in the agenda from the City of Columbia Heights concerning drainage hole number 934 located behind the Robert Hall clothing store in Columbia Heights. Mr. Comstock stated that the Consulting Engineer and the City Engineer need authorization to study the pro�ect and make preliminary recommendations The City Engineer stated that the Administration wishes the Council to authorize the City to work with Columbia Heights to study the p1an, and if the plan is found to be feasible, the Administration wi11 make recommendations to the Council. He stated that the fee for studying the pro�ect would be included in the percent- �e fee of the pro�ect if the pro�ect is undertaken. Motion by Wright to refer to the Administration study of the Fridley-Columbia Heights drainage pro�ect for hole ik934, authorize the Administration to make a preliminary study, to report to the Council concerning this study and expenditures needed for the pro�ect. Seconded by Thompson. Upon a voice vote, there being no nays, the motion carried unanimously. RESOLIITION ORDERING IMPROVEMENT, APPROVAL OF FINAL PLANS AND SPECIFICATIONS AND ORDERING BIDS - 5-0�76 (TABLED 9/7/65): � The City Engineer presented a map to the Council showing locations in the City of Fridley which suffered from back up of sanitary sewers He stated that many other areas in Fridley had sewer back up in addition to the area in Sylvan Hi11s. The City Engineer stated, further, that the Council should note there have been no recent complaints concerning sanitary sewers He stated that he believes the high water table and water draining into open manholes were the ma�or causes of the sanitary sewer back up. He stated that one evidence �ustifying this conclusion is the fact that complaints were received 15 minutes after it started to rain. He stated that there have been no complaints in recent months. He stated that he believes this problem should be studied on an overall basis rather than only for the Sylvan Hills area. Councilman Wright inquired what the City Engineer plans to study before connecting portions of the City sewer to the North Suburban Sanitary Sewer, 156 The City Engineer stated that this study is held up by negotiations with Columbia Heights. He stated that Columbia Heights offered sanitary sewe�_ capacity to Fridley, but during discussions with Columbia Heights it appe� ed that Columbia Heights did not have any capacity to sell. He stated that it would save money to use some of the sewer capacLty of Columbia Heights rather than connecting to the North Suburban Sanitary Sewer District. The City Engineer stated that connections with the Sanitary Sewer Distzict will relieve the sanitary sewer back up considerably. Councilman Wright asked the City �ngineer wheth� it is correct that he does not know at this time which districts wi11 be served by the Columbia Heights sewer. The City Engineer answered that this is correct and the City has found that it will be necessary �o connect to other sanitary sewer lines Zn 1967. The City Engineer stated that making connections to the North Suburban Sanitary Sewer now would cost $100 per connection, whereas, making the connections in two years would cost $200 per connection. The City Engineer stated that if the City of Fridley can discharge sanitary sewer to lines other than the N.S.S.S.D. lines, the City will save part of the cost of disposing of sewage. Motion by Thompson to table consideration of the Resolution oxdezing improvement, approval of final plans and specifications�and ordering advertisement for bids of Sanitary Sewer Project 9�76, and to authorize the City�ngineer and"the Consulting Engineer to study the problem and repoxt to the Council after the City has more adequate information and has explored the problem together with Columbia Heights. Seconded by Kirkham. Upon a voice vote, there being no nays, the motion carried unanimously. PROPOS�A AMENDMENT TO CHAPTER 56 - SIGNS (TABLED 8/16/65): Councilman Thompson stated that he believes the Chambex of Commerce needs more time to review this proposed ordinance. He stated that the Chamber of Coimnerce is sending copies of the Ordinance to its membets. Motion by Kirkham to table to the regular Council Meeting of October 4, 1965 consideration of the proposed Ordinance amending Chapter 56. Seconded by Thompson. Upon a voice vote, there being no nays, the motion carried unanimously. FRANCHISE ORDINANCE - AMERICAN OIL COMPANY (TABLED 9/7/65): The City Attorney stated that he wished to point out that th�re is no precedent for o7argin� a fee for the location of a pipeline within a municipality. He stated that he discussed the question of a fee with attorneys of the American Oil Company in the City of Minneapolis and also with attorneys in the C4acago office of the American Oil Company. He stated that these attorneys said American Oil Company does not pay a fee to any other municpality for the location of pipelines. The City Attorney stated further that the agreement includes a provision that American Oil Gompany will move the pipeline at any time to accommodate City needs at the expense of the American Oil Company. The City Attorney stated that the American Oil Company has not receiv ad a copy of the proposed franchise as of this date, but that he w�.11 send a copy to the American Oil Company after it is accepted upon first reading. Motion by Wright to accept the franchise ordinance with the American Oil Company upon first xeading, to grant a£ranchise to the American Oil Company £ox use of certain designated City streets, to set the date for a Public Heari ng of the ordinance on October 18, 1965 and puhlish notice for same. Seconded by Kirkham. Upon a roll call vote, there being no nays, the motion carried unanimously. AUTHORIZATION FOR AMERICAN OTL COMPANY TO BEGIN CONSTRUCTION FOR RELOCATION OF PIPELINE• The City P�ngineer stated that the American Oil Company has suhmitted plans to the City of Fridley for relocation of the pipeline. The City Engineer showed the map to the Council. He stated that the map was drawn in cooperation with the office of the City Engineer and that the City showed the American Oil Company where to locaCe the pipeline in ordei to best suit the plans of the City. I3e stated that, in general, the pipelines stay three feet to five feet from the nearest gas main, Councilman Wright asked whether construction of the pipeline wi11 result in storage of debris an boulevaxds, The City Engineer answered that very little debris will be stored on the boulevards since construction of the pipeline requires a very small trench. He stated that the American Oil Company has agreed to repair damages resulting from construction. The City Engineer � � � ��� stated the Minnesota Highway Department is urging the American Oi1 Company to begin construction to relocate the pipeline immediately. The City Engineer asked the City Attorney whether a letter of intent from the Council to the American Oil Company to adopt the franchise agreement and give the American Oil Company permission to begin construction immediately would be sufficient for the American Oil Company. The City Attorney stated that the Council could authorize the American Oi1 Company to begin construction. Mayor Nee asked the City Attorney whether such a letter would pre�udice negotiations between the City and the American Oi1 Company. The City Attorney � answered, "No". Motion by Wright that the City Council authorize the Administration to give the American Oil Company a letter of intent to accept the franchise agreement and permission to begin construction of the relocated pipeline immediately. Seconded by Kirkham. Upon a voice vote, there Ueing no nays, the motic�n carried unanimously. N OR THE AS T Mr. R. A. Kurpius was present at the Council Meeting representing the Minnesota Highway Department. Mr. Kurpius explained the terms of the propcs ed agreement to the Council. He stated that the Minnesota Highway Department will install the traffic signal system. Columbia Heights wi11 pay 25% of the cost of installa- tion, the City of Fridley will pay 25% and the Minnesota Highway Department will pay the other 50% of the cost. He stated that in addition the City of I'ridley wi11 pay a 6% fee for engineering design and inspection of the construction He stated that Fridley will sup�Ly the electric power and the connection to the signal at its own cost. The Minnesota Highway Department will maintain and repair the signal except for relamping, cleaning and painting which wi11 be done by the City of Fridley, Mr. Kurpius stated that he discussed this agreement with the City Manager of the City of Fridley and the City Manager approved the agreement. � Mayor Nee asked why the City of Columbia Heights did not agree to maintain the signal. Mr. Kurpius answered th�t the City of Columbia Heights has a legal problem maintaining the signals since they are located in the City of Fridley. He stated that the boundary line Uetween the City of Fridley and the City of Columbia Heights runs along what will be the east service road of T.H. ��47, and the entire signal system wi11 be located in the City of Fridley. The City Erigineer showed the Council the plans of the proposed construction of the Minnesota Highway Department. Mr. Kurpius explained the operation o� the Traffic signals He stated that the amount of time the green light is on, on T,H. ;647, wi11 depend upon the flow of traffic on T.H. ��47. He stated that there wi11 be left turn lanes at the intersection, but no left turn arrows. He stated that left turn arrows could be added to the signals at a latter date if it is found to be necessary. Mr. Kurpius stated that the signal plan incudes a pedestrian push button for crossing T.H. �47. He stated that it i, �lesigned in accordance with the State Statute for a mznimum on time of 7 seconds and a minimum "don't walk" signal set for the minimum rate of 4 feet per second allowing 20 seconds for pedestrians to cross the inCersection after the "don�t walk" signal is on, Councilman Wright asked whether the pedestrian stop switch will stop all traffic at the intersection. Mr, Kuxpius answered, "No". He stated that the traffie light will be green for cross traffic while the pedestrian stop signal is activated, , Aobert Hart and Dr. H. G. Gerritz �iwere present at the Council Meeting representing �School District ��13. Mr. Hart stated that lack of a pedestrian c�ossing signal at T.H. �k47 and Slst Avenue Northeast will force students attending the Elementary School to cross T,H, ��47 at either 49th Avenue N.E. or 53rd Avenue N.E. He stated that the additional distance which the students walk wi11 make the walking distance more than 3/4 of a mi1e, and it wi11 be necessary for the school district to transport these students by bus. Dr. Gerritz stated that High School and Jr. High School students wi11 have to cross T.H. 7k47 as weel as Elementary School students. Councilman Wright asked Mr. Kurpius whether he is correct in believing the Minnesota Highway Department has agreed to ixistall signals at 53rd Avenue N.�. if the traffic conditions are such that construetion of signals at this i�� intersection are warranted. Mr, Kurpius answered, "Yes". Mayor Nee pointed out that 49th Avenue N. �, is a State Aid street and it is for this reason that signals are being installed at 49th Avenue N, E. Mr. Kurpius stated that signals will also be instalYed at 40th Avenue N. E. and 44th Avenue N. E. Motion 6y Kirkham to adopt Resolution �k168�1965, and to authorize the Mayor and the City Manager to execute the agreement with the Mintesota Highway Department for the construction of traffic signals at the intersection of 49th Avenue N. E. with T.H. ��47. Seconded by Thompson. Upon a voice vote, there being no nays, the motion carried unanimously. CONSIDERATION OF TRAFFIC SIGNALS AT S1ST AVENUE NORTHEAST: , Councilman Wright stated that he does not believe the m nstruction of traffic signals at Slst Avenue N. E. is independent of plans for traffic signals at 49th and 53rd Avenues N.E. Councilman Wright stated that the Minnesota Highway Department has long planned for the installation of traffic signals every four blocks along T.H. ;�47. He stated that thesqplans were made as a result of studies of traffic flow under the conditions'of the most traffic and the least traffic on T.H. ��47. Councilman Wright stated that he believes it would violate good design to eliminate the traffic signals at 49th Avenue N.E. and install them at Slst Avenue Northeast. Mr. Kixrpius stated that he discussed construction of the txaffic signal with Mayor Nee, Dr. Gerritz, Mr. Hart, and Mr. Nelson, superintendent of the school in Columbia Heights. Mr. Kurpius stated that the Minnesota Highway Department agreed to make counts of the pedestrian traffic at Slst Avenue N. E. and complete the study as soon as good weather is available so the load of students crossing the intersection will be_ normal. Dr. Gerritz stated that overhead pedestrians walkways might be installed at Slst Avenue N.E. He stated that 138 elementary s�hool students cross this intersection every day. He stated that there are other reasons for pedestrians to cross the intersection at Slst Aaenue N.E. He stated that the streets west of T.H. ��47 funnel the traffic onto Slst Avenue N.E., and Sr. and Sr. High School students will probably be using this intersection as well. Dr. Gerritz stated, further, � that when people have a choice of crossing an intersection at grade level or by means of an overhead caalkway, they wi11 cross it at grade level unless a fence is installed forcing them to cross the intersection on the overhead bridge. Councilman Wright asked Dr. Gerritz whether, if the traffic signals on Slst Avenue N. E. were installed, the school could enforce a different walking pattern upon the elementary students by means of school patrol. Dr. Gerritz stated that he does not believe this would be workable. Mayor Nee asked Mr. Kurpius whether there would be a vehicular crossing of traffic at Slst Ave. N,E. Mr. Kurpius answered that a boulevard will prevent vehicles from crossing T,H, ik47 at Slst Ave, N.E. Mayor Nee asked whether there wi11 be a pedestrian crossing at Slst Avenue N.E. and T.H. i�47 even though there is no vehicular crossing. Mr. Kis pius answered that there will be a pedestrian crossing at Slst Avenue N.E. Mr. Hart stated that the school district will appreciate it if the City and the Minnesota Highway Department advise the shool district of progress made concerning negotiations for traffic signals at Slst Avenue N.E. Mr, Kurpius stated that the Minnesota Highway Department wi11 submit copies of the traffic study at Slst Avenue N.E. to the City of;Columbua Heights, the City of Fridley, and school district 13. Mr. Kurpius stated that the contract for construction of traffic signals at �9th Avenue N.E., 44th L�venue N.E., 40th Avenue N.E, will be 1et this year but construction will not begin until the following spring. He stated that construction of the traffic signals at Slst Avenue N.E. could be included with the contract for construction beginning in the spring. Councilman Wright , asked Mr. Kurpius whether this would allow the Minnesota Highway Deparhn�nt the greater part of one year to complete the traffic study at Slst Avenue N.E. Mr. Kurpius answered, "Yes". Mr. Kurpius stated that the Minnesota Highway Department appreciates having the advice of the school district. Mr. Hart asked Mr. Kurpius whether construction of the Stosm Sewer Pro�ect �r12 will interrupt the traffic flow on T.H. 4�47, and whether this construction evi11 affect the traffic flow at Slst Avenue N.E. Mr. Kurpius stated that there is no ma�or storm sewer work along the right of way of T.H. �k47 which will affect the traffic flow during the next year. He stated that construction will not affect the traffic flow at Slst Avenue N.E. Councilman Kirkham asked Mr. kurpius whether the right-of-way of T.H. 4�47 wi11 be fenced. Mr. Kurpius ans[aered, "No." ��� COMMUNICATIONS: GOLDEN VALT.�Y GARDEN CLITB: DONATION Motion by Wright to receive the letter from Mrs. William Burger of the Golden Valley Garden Club, to receive the donation from the Golden Valley Garden Club, to deposit the check upon the account of the Parks and Recreation Department and request the Administration to send Mrs. [dilliam Burger and the Golden Va11ey Garden Club a letter of appreciation for the donation Seconded by Thompson. Upon a voice vote, there being no nays, the motion carried unanimously. � SACRED HEART CHURCH: ASSESSMENT Mr. Ward Gronfield and Mr. Brunis Smoka were present at the Council Meeting Mr. Gronfield stated that the Church of the Sacred Heart of Sesus owned the cemetery property for more than 50 years. I�e stated that the first person was interred in this cemetery in 1914. Mr. Gronfield stated that he doubts the legalLty of assessing a cemetery for the construction of sewer and water services. He stated that he believes the assessntent in the amount of $1,540 is excessive. Mr. Gronfield stated that there is a sma11 chapel in the cemetery, but there are no water or sanitary sewer connections or sanitary sewer facilities in the chapel. Mr. Gronfield stated that the cemetery is on high ground and drains toward T.H. ik100. He stated that the cemetery does not obtain any special benefits from construction of sanitary sewer, storm sewer, or water services. Mr. Gronfield staked that the location and the number of graves in the cemetery preclude the possibility that there will be any building upon the cemetery grounds. Mr. Gronfield stated that the cemetery owners have been contacted by the City to obtain an additional 30 Foot easement Lor construction of a stzeet. Mr. Gronfield stated that there is a grave upon this easement which was dug in 1914. He stated that there is_also a retaining wall built of concrete slabs on this easement. Mr. Gronfield stated that the Cemetery Association is willing to donate the easement to the City of Fridley under eertain conditions including the condition that the City drop all assessments against � the cemetery property for construction of sanitary, storm sewer and water services, that the City will at its own expense relocate the cemetery fence for the benefit of the cemetery and that the City will build a proper retaining wa11 for the benefit of the cemetery. Mr. Gronfield stated that the church will obtain the consent of the heirs to relocate the grave upon the easement desired by the City. Mr. Gronfield stated that if the City needs an easement to effect the alignment of Sth Street, the Cemetery Association will give the City an easement along one corner of the property to build a curve on Sth Street in exchange for construction of a proper retaining wa11 along this easement at City expense. Mr. Gronfield stated that the cemetery does not benefit by the construction of improvements along cemetery 1and. Mayor Nee asked whether the land in the cemetery was given ta the Cemetery Association or to owners of cemetery lots by a perpetual dedication title, Mr. Gronfield answered, "No." He stated that the land of the cemetery was given to the Church of the Sacred Heart of Jesus for a different purpose. He stated that courts have ruled in similar cases that the City can be estopped from making a claim upon cemetery grounds. He stated that the cemetery has been used £or years and location of the graves makes other uses impossible. Mr, Gronfield stated, further, that there are 230 lots on the easement which the City has asked the church to sell Mayor Nee asked whether a purchaser of cemetery land receives perpetual title to the land. Mr. Gronfield answered, "No", but he stated that once a body has been interred in the cemetery it will remain there unless it is moved with the consent of the heirs. Mayor Nee asked ' Mr. Gronfield how many persons are interred in the cemetery at the present time. Mr. Gronfield answered, "Approximately 200." Councilman Wright asked Mr, Gronfield whether the Cemetery Association plans to fill the land in the cemetery and landscape it, to improve the appearance. Mr. Smoka answered that the church has plans to landscape and improve the appearance of the cemetery and wi11 do so as finances permit, Councilman Wright asked whether an assessment abatement would help the cemeter;rv to effect landscaping of the 1and. Mr. Smoka answered that he believes this would help the church improve the cemetery. Motion hy Thompson to receive the co�unication from the Sacred Heart of Jesus Catholic Church concerning the cemetery, to refer it to the Administration for proper evaluat�on and an explanation of the legal, financial and engineering �9U ramifications involved, and request the Administration to report concerning same at the next regular Council Meeting on October 4, 1965. Seconded by Kirkham. Upon a voice vote, there being no nays, the motion carried unanimously - ENGINEERING UEPARTMENT; GAS MAIN INSTALLATION CouncLlman Wright asked the City Engineer whetherrit is normal City policy to a11ow for the construction of gas mains in City s"treets before other services are installed. The City Engineer answered that the City does not noxmally allow construction of gas mains �aithout prior installation of sewer and water , services. The City Engineer stated that trenches for sewer and water services are deep cuts, whereas, gas mains are installed in shallow trenchs, and it is necessary for the City to protect gas lines during construction of sewer and water services, He stated that this adds to the cost of construction of sewer and water services. Councilman Wright asked the City Engineer whether the Gas Company would normally indemnify the City for damages to gas mains. The City�ngineer answered that normally the Gas Company inspects the construction of the City to insure protection of the gas mains and requests piling and other coverings to protect the gas mains during construction. Councilman tidright asked whether the Gas Company pays for damages to the gas main when the City repairs sewer and water mains, The City Engineer stated that the Gas Company repairs damages to its mains at its own, expense. � Councilman Wright asked whether the'City can obtain an agreement with the Gas Company to repair this gas line at its own expense. The City Engineer answered that the City has a franchise agreement with the Gas Campany for repairs to gas lines by the Gas Company at its own expense as required as a result of construction of repairs to City sewer and water services. Council- man Wright stated that it is to the benefit of the Gas Company to obtain an agre�ment with the City for the construction of these gas mains at this time and since it is to the benefit of the Gas Company, the City should obtain an ' agreement with the Gas Company for the repair of these services at the expense of the Gas Company. �� NIayor Nee asked whether it is legal for the City to assess the higher cost of construction of sewer and water services, which would he brought about by the necessity of protecting the gasmains during the�construction of these services, against the properties benefiting by the construction of the sewer and water services, The City Engineer answered that he believes this would be an equitable assessment. Mayor Nee asked whether the gas line is being installed for the benefit of the industry locating along the railroad tracks rather than people along the street who would have to pay the greater expense for construc=ion of sewer and water services. The City Engineer replied that tfiis is correct. The City Attorney stated that it would be better to obtain an agreement with the Gas Company for the Gas Company to relocate the gas mains when the City installs sewer andwater services. He stated that the City can order the Gas Company to relocate when the City needs to do so under terms of a prior agreement and the Gas Company will pay the cost of relocation. Councilman Wright asked the City Attorney whether this includes temporary relocation of the gas mains during construction of other services and whether relocation could mean shoring of trenches near the gas mains during construction. The City Attorney answered, "Yes." ' Motion by Thompson to receive the communication fxam the Engineering Department, to refer it to the Administration, the City Engineer, and the City Attorney fox study and to request the City Attorney to draft a p'coposed agreement wliich will protect the City interests £or the construction of sewer and water services and improvement of the right-of-way. Seconded by Wright. Upon a voice vote, there being no nays, the motion carried unanimously. MIDLAND CONSITLTANTS: CROSSING Councilman Wright asked whether proposed construetion of the N.S.S.S.D, main has been reviewed by the City Engineer or the City Consulting Engineer. The City Englneer replied that the City has reviewed these plans before, He stated, 1 � A� 1 further, that the plans call for crossing Central Avenue which is a County road and the problem is one for the County and nat for the City of Fridley. Motion by Wright that the Council authorize completion of the autrorization permit and instruct the Mayor and the Manager to sign the authorization permit for the N.S.S.S.D. constxuction to cxoss Centxal Avenue. Seconded by Kirkhau. Upon a voice vote, there being no nays, the motion carried�unani- mously. CITY ENGINEER: 56TH AVENUE NORTHEAST: � The City Engineer stated that if the cemetery land was given to the City free, the City would sti11 have the cost of construction of a retaining wa11 and fence. He stated that if the street is improved, he believes the street construction should be assessed against the cemetery. He stated that if the church ob�ects to this plan and requires the City to purchase the easement, the purchase cost would increase the cost of the construction upon the right- of-way which cost would be assessed against the church. The City Engineer showed a map of the proposed construction and explained it to the Council. There was a discussion of the right-5f-way, the traffic ulon the street, and construction of apartment buildings in the neighborhood. Mayor Nee stated that he believes paving the street wi11 benefit the cemetery and that construo- tion of sewer and water services also benefit the cemetery. Mayor Nee stated that he also believes that the cost of paving the street can be assessed against the cemetery property. Councilman Thompson stated that he requests the Adminis- tration to report concerning construction of the improvements on 56th Avenue Northeast and include the report with the report of the Administration to the Council concerning the sanitary sewer, water and storm sewer assessment and acquisition of the easement for street construction along the cemetery. Motion hy Wright to receive the letter from the City Engineering Department regarding the construction of the street improvement on 56th Avenue N.E. and refer same to the Administration for recommendations concerning the legal and engineering problems of constructing the improvement. Seconded by Thompson IIpon a voice vote, there being no nays, the motion carried unanimously. � Motion by Wright that the Council adopt a policy concerning the present pro�ect of stoam sewer construction and street improvement in the vicinity of 54th Avenue between Sth Street and 7th Street in aceord with the proposal made by the engineering department. Seconded by Thompson. iJpon a voice v�te, there being no nays, the motion carried unanimously, Mr. Ward Gronfield asked whether this motion affects the cemetery in any way. Mayor Nee answered that it affects the cemetery only indirectly. SUBiTRBAN ENGINEERING; 55��77 Councilman Thompson stated that the principle substance of this letter is that engineers maintain a high attitude of courtesy and respect for one of their own members and will not undercut each other in design work. Councilman Thompson stated that Robert Minder's letter included another suggestion which the City should study, The City Engineer showed a map to the Council and explained that the Council could install part of the storm sewer system proposed by Comstock and Davis and that construction could be made in this manner in any storm sewer project. He stated that construction of part of the storm sew�r system will help to alleviate the problem Councilman Wright stated that it is only sensible to divide construction of the storm sewer system at certaLn points, He stated that the Council nesds � data to show where construction of the system should Ue divided, Councilman Wright asked what is the cost of construction of vaxious parts of the storm sewer system. Mr. Comstock answered that it is up to the discretion of the Council how much of the storm sew�-system should be constructed at the present time. He stated that any part of the storm sewer system could be constructed and the rest added when the street was improved in the future. biayor Nee asked whether if the storm sewer were constructed in pamts it would be necessary to spread the assessments for tl�e construction each time part of it was constructed. Councilman Wright suggested that the City adopt the policy that the district will pay for the assessment of any and a11 parts of the construction as each stage of construction is completed, He szated that he believes it is correct that each phase of construction benefits the district. Mr. Comstock stated�.that one factor to be considered in the construction of the storta sewer is whether the County plans to improve the dmnage on Mzssissippi lyZ Street. He stated that he would suggest that the outlet line for the storm sewer on Mississippi Street be run down 7th Street and drain into this sto�m sewer system. He stated that the size of the outlet will be unknown until an agreement with the County is made concerning stornt sewer facilities on Mississippi Street. Mr. Comstock stated that there are various methods whereby the City could share construction of the storm sewer outlet with the County. Councilman Thompson asked Mr. Comstock when it wi11 be possible for the City to have information concerning the County plans and when it would be possible for the City to make an agreement with the County for construction of the storm sewer. Mr. Comstock stated that he is discussing construction of the storm sewer with the County at the present time and � he believes it would be possible to write an agreement wrth the County in a couple of weeks. The City Engineer stated that the storm sewer would not be built until the following spring and the Council could delay consideration if the construction pro�ect. Motion by Kirkham to table consideration of 55��77 until agreement has been made with the County for storm sewer construction along Mississippi Street, to instruct the Administration to write an agreement with the County for sharing the cost of constTUCtion and present it to the Council. Seconded by Wright, IIpon a voice vote, there being no nays, the motion carried unanimously. 6ITY ENGINEEA; SSik12 The City Engineer showed a map of the proposed construction to the Council and explained the problem to the Council. He stated that he wishes to obtain a motion from the Council acknowledged that the City intends to extend construction for storm sewer project SSi�12 up Roman Road to Panorama Avenue, and approving construction of same. The City Engineer stated that he needs this information to decide whether to construct this line at this time or plan for construction at a future time. Councilman Wright asked whether if the water from Main Street wexe to be diverted from running into Panorama there is any plan to pick up the storm sewer water at 45th Avenue. The City Enginear answered that it is feasible to run the storm sewer water on Main Street into the outfall of T.H. �k100. He stated that this would result in a cost of $10 per hundred square feet, and such cost is relatively great. � Councilman Wright asked whether the design has proceeded to the point where it is possible to determine how much cost will be added to construction of a storm sewer on Main Street if the drainage of Main Street fs run into the 49th Avenue outtall raYheT that� the T.H.d�100 outfall. Mr. Comstock answered that the design of the 49th Avenue outfall is based on the number of cubic feet per second of flow. He stated that the capacity of this outfall cannot be increased. There was a discussion of the drainage district and the assessment district. Mr. Comstock stated that the City of Columbia Heights insists that a map of the drainage district be included in the agreement for construction of 554�12. The City Enginner stated that when the assessment hearing for SS�F12 is held and the people ob�ect to assessment for this construction, the City Administration should have answers for these people why this part of the line was constructed against their ob�ections. � Motion by Kirkham to receive and file the letter of the City Engineer concerning the extension of Stoxtn Sewer Pro�ect ik12 to the intersection of Roman Road and Panorama Avenue. Seconded by Thompson. Upon a voice vote, there being no nays, the motion carried u�lanimously. BUILDING BOAAD MEETING MINUTES - SEPTEMBER 8, 1965: BUILDING PERMIT APPLICATION FOR 32 UNIT APARTMENT BUIL➢ING ON SATEL'ITE LANE SOUTHWEST OF MINNEAPOLIS HOUSE FURNISHING COMPANY: , The City Fngineer stated that Mr. Hawrysh showed the Council plans for construction of the 32 unit apartment building at the previous Council Meeting. Motion by Wrivht to approve the plans for construction of the 32 unit apartment building with the exception of plans to drain the parking lot and site of the apartment building. Seconded by Kirkham. Upon a voice vote, there being no nays, the motion carried unanimously. BUILDING PERMIT APPLICATIOPd - GRAVES - SUNRAY DX SERVICE STATION - 57D1 UNIVERSITY AVENUE NORTHEAST: Mr. Ward Gronfield, Attorney for the Graves, was present at the Council Meeting. Mayor Nee asked Mr. Gronfield when the owners plan to begin construction of the station. Mr. Gronfield answered that construction will not begin immediately 1y� but would begin in a few months. There was a dascussion of the access drives to the station and the drainage from the service station. Mayor Nee asked Mr. Gronfield whether he has drawings of the grading plan for the service station. Mr. Gronfield answered that the plans of the service station do not include elevations but four grades are established on the plans. Council- man Wright discussed the ad�ustments for different traffic patterns which kn ukl have to be made in the design if construction of the service road for T.H.ik47 Where to be changed in the future and the effect of construction of a center line divider on 57th Avenue Northeast. � Motion by Kirkham to grant the request of Clarence and Eugene Graves for a Building Permit for construction of a Sunray DX Service Station at 5701 Universi.ty Avenue Northeast with provision that the property owners comply with the recommendations of the Safety Committee for traffic pattern and drainage. Seconded by Wright, Upon a voice vote, there being no nays, the motion carried unanimously. SAFETY COMMITTEE MINUTGS - SEPTEMBER 9, 1965; The City Engineer stated that there is not enough money in the 1965 budget to install and put into operation the traffic signals moved from the location of 61st Avenue N.E. and T.H. d�47 to 61st Aoenue N.E, and 7th Stxeet N. E. The City Engineei stated that conduit was installed below 7th Street for future connection of the traffin signals. Councilman Wright asked whether it would be possible for wiring to be installed in the conduit for construction of ordinaxy traffic signals at this interesection. The City Engineer answered, "Yes." Councilman Wright suggested that the traffic signal could be programed such that it would be flashing red on 61st Avenue Northeast and actuating the pedestrian button would stop traffic on 7th Street effecting a four-way stop. He _stated that such an operation of the signals would make a safer condition for pedestrians to cross 7th Street, Motion by Wright to receive the minutes of the Fridley Safety Committee Meeting of September 9, 1965. Seconded by Kirkham. Upon a voice vote, there being no nays, the motion carried unanimously. � PLANNING COMMISSION MEETTNG MINUTES - SEPTEMB�A 9, 1965; NORTHEAST CORNER OF Councilman Wright stated that he discussed with membes of the Planning Cou¢nission their recommendaCions for a Building Permit for construction of a Cashway Store on the Northeast corner of Mississippi Street and T.H. ��47. Councilman Wright stated that members of the Planning Commission made their recommendatiun upon their own interpretation of zoning requirements in a C-1 district. Councilman Y7right stated that he believes zoning in a C-1 district permits construction of a neighborhood store but not a store of 30,000 square feet, He stated that he does not believe this proposal was reviewed by the Building Board and t;:e Safety Cotmnittee. Councilman Kirkham sCated that unless plans for construction of the Red Owl Store have changed, the Building Board has reviewed them and recommended that approval be granted for construction of the Red Ow1 Store. Councilman Kirkham stated that Mr. Theisen asked for a Building Permit on the grounds that the property was already zoned commercially. He stated that applica±ion for a Building Permit was approved by the Building Board, Mayor Nee stated that after the question concerning pao�rer zoning of this property is resolved, questions remain concerning access to the property, Councilman Wright stated that minutes of the Planning Commission Meeting show the Planning Commission has the misconception that the Fridley Housing and � Redevelopment Authority has authority over the design of the Red Owl Store because of its proximity to the City CenCer pro�ect. Councilman Wright stated that he believes the Planning Commission failed to give adequate consideration to zoning the property for commercial development and to traffic flow to the property. Councilman Wright stated that he believes that the proper development of Fridley will be aided by having the Red Ow1 Store develop a larger piece of property and build a more extensive store. He believes the present site is inadequate. Councilman Wright stated that he believes the plans must be approved bythe Building Soard and the Safety Committee. He stated that the neighboring residents do not wish to see this property developed for commercial use, and the residents should be informed concerning this proposal. A visitor to the Council Meeting stated that he lives in the neighborhood of the proposed Red Owl Store, that he and his neighbors are interested in the 19� construction plan for this property and would like to be kept informed of these plans. Mayor Nee stated that Mr. Hodne did not feel that construction of a Red Owl Store of this size is compatible with the zoning requirements of a C-1 district. He stated that Mr. Hodne believes the wording of the ordinance describing requirements for C-1 districts does not give the Planning Commission sufficient information. He stated that there is a question of rezoning the property north of the proposed Red Owl Store, Mayor Nee stated that there is no other development ' in the City of Fridley where a food supermarket has located in a C-1 zone. He stated that a11 the other supexznarkets in the City of Fridley are located in C-2 zones or industrial zones, Motion by Wright to refer the request of Mr, Theisen for a Building Fermit for construction of a Red Owl Store to the Building Board and the Safety Conanittee for review and recommendations. Seconded by Thompson, Upon a voice vote, there being no nays, the motion carried unanimously. -09, DONALD CISEWSKI: WEST HALF OF LOTS 10 AND 1 LAKESIDE: The City Engineer showed a plat of the proposed lot split to the Council and he stated that there is a question whether there should be a dedication of 12 feet of the lot £ox utilities. Mayor Nee asked what the area of the lots would be following the split. Mr. Cisewski was present at the Council Meeting and stated that the one lot would be 100 feet by 75 feet resulting in a lot of 750D square feet, whereas, the code requires 9,000 square feet. The Mayor asked Mr. Cisewski whether he agrees with the recommendations of the Planning Commission including the recommendation that 5 feet from 1ot 11 be added to 1ot 10. The Mayor stated that the City Engineer can draw an agreement between the City and Mr. Cisewski for the lot split, Motion by Wright to approve Lot Split 1�65-09 waiving the area requirement for the lots upon the condition that the owner dedicate the 25 foot easement along � the north line of lot l0y dedicate the utility easement, if necessary, that the owner agree that 5 feet be taken from along the lot line of lot 11 and be added to lot 10 sach that lot 10 is 100 feet long and Iot 11 is 115 feet long, Seconded by Thompson. Upon a voice vote,there being no nays, the motion carried unanimously. STREET PATTERN: HAYES RIVER LOTS - MOON CORPORATION; The City Engineer showed a map of the area to the Council and explained the action of the P7anning Commission, The City Englneer stated that some of this property belongs to the school, the school wants to dedicate an easement around this property to the City and have the City huild a street upon the easeuent in order that school children may be prevented from encountering hazards along the river bank. Councilman Wright explained the plans under discussion by tthe City for future construction of public access to the Mississippi River and a park in the neighborhood of Mr. Julkowski�s property. He asked Mr. Julkowski whether the plans of the City would increase the value of his property sufficiently to make it possible for him to construct high rise apartments upon this property of perhaps four or five stories. Mr. Jttlkowski answered that he does not believe the rental income from such property would be sufficient to provide for financing such constxuction. Councilman Thompson suggested to Mr. Sulkowski that he have the City planning consultant examine his plans for the property in con�unction with plans for park development in the neighborhood. He suggested that the City planning ' consu�tant could make recommendations to Mr. Julkowski which would enhance the value of his property. Mayor Nee asked Mr, Julkowski whether if the City were to rezone the property increasing the capacity allowed for the number of apartment units on the site, would Mr. Julkowski build higher apartment buildings with garages on the site. Mr. Sulkowski answered that this depends upon whether he can obtain financing for the construction. Mr. Sulkowski stated that rental rates are higher elsewhere in the metropolitan area making construction of multi-story apartment buildings feasible but rents in the City o£ Frldley are too low to make such construction feasible. Council- man Wright asked Mr. Julkowski if he discussed the financing of these apartment buildings in light of information concerning the improvement of the river front and a City park on the ad�acent property. Mr. Julkowski answered that he does not believe the plans would interest financers since this development is still being planned and its construction is several years off. Mr. Sulkowski ��� stated that he would rather work with a sure thing, namely, cond� ions oi- the property at the presenY time. Counc3man idright asked whether it would be possible to design the property at the present time such that it could be improved and the buildings �ncreased in size in the future if and when the City constructs a park and public access to the river. Mr. Julkowski answered that the buildings could not be increased in size to multi-storied buildings in the future, but the grounds could be improved to match improvements contemplated by the Citq. Motion by Rirkham ko concur with the recommendations of the Planning Commission and appxove the street dedication according to the plan dated � September 7, 1965 of a 25 foot easement along the east line of Lot 3 for the extension of Anna Avenue and a dedication of 25 feet along the north boundary of Lot 3 from the e&;t edge to the River, Seconded by Thompson. Upon a voice vote, there being no nays, the motion carried unanimously. DITCH DREDGING• Mayor Nee asked Mr. Julkowski whether he has dredged out the ditches that have been backing up water and flooding neighboring property on Lynde Drive Mr. Julkowski answered that he has made a contract for dredging the ditches, but construction is being delayed by poor weather. He stated that he needs a backhoe in order to d�edge these ditches and will perform this work upon the property first. Mx. Julkowski stated that the consulting engineering firm of Com�i�ck and Davis have staked the ditch and indicated where dredging �kiould be dlone. Mayor Nee .�sked Mr, Julkowski how soon he wi11 dig out the ditches. Mr, Julkowski answered that this depends upon the weather, Mayor Nee stated that every time it rains pedple are getting water in their basements. The Council took no action upon this matter. BOARD OF APPEALS MEETING MIINUTES - SEPTEM&�R 15, 1965: REQUEST FOR A VARIANCE FROM SECTION 45.24, CITY CODE OF FRIDLEY, MINNCSOTA 1963, BY WAIVER OF SIDE YARD REQIIIREMENT PROM 14.27 FEET TO 3 EEPT TO P�RMIT CONSTRUCTION OF A DETACHED GARAGE ON LOT 14, BLOCK 1, ALICE AD➢ITIDN, ANOKA COITNTY, MINNESOTA. � SAME BEING 6601 Li1CIA LANE NORTHEAST, FRIDLEY, MINNESOTA (REQUEST BY ROBERT J. HEIM, 6601 LUCIA LANE NORTHEAST, FRIDLEY, MINN�rp�j; 55432): Mr. Brunsell explained the action of the Board of Appeals to the Council. Mr. Heim was present at the Council Meeting and stated that no ob�ectors attended the Board of Appeals Meeting and notice of the meeting was published in the newpaper. Mr. Heim stated that he knows his ne3ghbors we11, the neighbors said they do not object to granting the variance and they would have attended the Board of Appeals Meeting if he had asked them to do so. Mr. Heim stated that if the streets upon the side of his lot were blacktopped he would not have to build a garage in this location, but since the street is not improved, he is compelled to locate the garage according t� the plans presented to the Council. The City Engineer stated that the City has a right-of-way for construction o£ a street along this property. Counalman Wright stated that he knows the street is not maintained and suggested that perhaps the street could be built as a bicycle lane with provision for access by the fire depart- ment and an agreement with the property owners to maintain the rest of the easement. Councilman Wright also noted that t-he street was included in the proposed street construction pro�ect for _the previous year but property owners objected to the construction. Mr. Heim stated that he believes a petition has been circulated to vacate 66th Avenue N.P�. Motion by Wright to concur with recommendations of the Board of Appeals and approve waiver of the side yard requirement from 14.27 feet to 3 feet to ' permit construction of a detached garage upon the property of Mr. Robert J. Heim on Lot 14, Block 1, Alice Addition. Seconded by IZirkham. Ilpon a voice vote, there being no nays, the motion carried unanimously. STREET IMPROVEMENT - LIBERTY, LONGFELLOW AND ASHTON AVENiIE: A visitor to the Council Meeting stated that in the eariy part of 1965 he and his neighbors discussed with the Council the improvement of Longfellow, Liberty, Ashton Avenue and Ruth Circle. He stated that since the last petition was circulated, new property owners made additianal improvements upon the property He asked the Council to hold a new hearing for the improvement and suggested that possible Liberty and Longfellow might be eliminated from the proposed impxovement if the residents on these streets ob�ect to the improvement. He ��� stated that he believes if residents along the streets knew they would be assessed equally with industrial property along the street, they would be agreeable to the improvement. The City Engineer stated that his office pre- pared a preliminary report for the construction and at the last hearing for this improvement, the Council agreed to delay consideration of the improvement for one year. Another visitor to the Council Meeting stated that he does not believe improvement of Ashton Avenue benefits the home owners. He stated that the improvement benef3ts only industry located along the railroad tracks. He stated that home owners with corner lots ob�ect to the improvement of Ashton , Avenue for this reason. The visitor stated that he believes a re-evaluation of the assessments along Ashton Avenue to spread more of the cost of the assessments among the industrail property owners would help to get the approval of residential property owners for this improvement. Mayor Nee asked whether Ashton Avenue could be designated a State Aid street. The City Engineer answered that Ashton Avenue is not now designated a State Aid street but the City could request that it be so designated. Mayor Nee asked whether the owners of the corner lots on Ashton Avenue would be willing to pay for the cost of improving the street to residential standards. The visitor answered that he does not know. Councilman Wright stated that there is an indirect benefit to the property owners for the improvement of Ashton Avenue in that it allows trucks serving the industries to move in and out of the area safely. He stated that it is not legal for the City to say that people on opposite sides of the street benefit differently from construction of the same street, The visitor suggested that the street easement be located entirely on industrial land and built there so the cost of the improvement could be assessed entirely against the industrial pzope�ty. Councilman Kirkham stated that he recalled the principal opposition of the property owners was to construction of a storm sewer, not construction of the street. The visitor answered that property owners ob�ected to the great cost of construction of the street and the cost of the storm sewer added to the cost of street construction made the improvement too expensive. The visitor stated that he and his neighbors would never drive on Ashton Avenue after , construction of that street was completed, Mr. Wilbur Whitmore suggested that street improvement costs be assessed against the industrial property for z of the street and the value of residential street construction be assessed against the residential propeety owners with the remaining costs assessed against the industrial propexty owners. Motion by Wright to request the Administration to review plans for improvement of streets in the area of Liberty, Longfellow and Ashton Avenue considering a ne�a assessment base made by the addition of new parcels to the property and a proposed new design for the streets, to request the Administration to review these plans with the property owners and report to the Council. Szconded by Thompson. ilpon a voice vote, there being no nays, the motion carried unanimously. APPLICATION FOR SIGN PERMIT - MARY COONEY: Miss Cooney was present at the Council Meeting and explained to the Council the use of the lot where it is proposed to locate signs. She stated that the lot is too small for building and the best use she can find for the lot is leasing it for signs. She pointed out that the lot is located next to the Spartan store on a service road. Mayor Nee stated that he believes it would be alright to grant a permit for construction of the signs since the pro�e rty is zoned correctly for this purpose. He stated that the Council is considering the adoption of a sign ordinance which would require renewal of an annual pexznit ' and periodic inspection of the condition of the signs. He asked whether the builder of the signs wo��1d agree to waive his rights under a grandfather clause in the proposed ordinance. The City Attorney stated that he discussed the inclusion of- a grandfatheY clause in the sign ordinance with the Chamber of Commerce and that he could not find such a clause in the proposed ordinance. He said that the Chamber of Commerce believes there should be such a clause in the ordinance extending for some period of time to signs erected prior to a given date. Miss Cooney and James Bratland, representative of Brede, Inc., asked whether it would be possible to obtain a sign pexmit if they agree to build signs in conformance with the proposed ordinance. � 1 Councilman Wright asked what the construction of the answered that the signs wi11 Ue mounted on painted, wi11 be no A-fxame construction behind the signs. J r�Ir^ � � @ signs will be Mr Bratland steel poles and there Motion by Wright to approve the request � Mary Cooney for construction of signs along the service road at the southeast corner of T.H. �k694 and T.H. -0k65 as shown on the p1an piesented to the Council conditioned upon compliance of the sign builder with the sign ordinance under consideration by the Chamber of Coumierce and the Council, Seconded by Kirkham, Upon a voice vote, there being no nays, the motion carried unanimously. PTJRCHASE PLAN FOR ONE FIRE TRUCK: Robert Hughes was present at the Counci� Meeting and stated that he wished to inform the Counci7, prior to press release, that the City Fire Department wi11 be re-rated from Class 7 to Class 6. Robert Hughes sL'ated that this classi- £icat�ion provides Pridley residents the same rates as Minneapolis. He stated that the new rating will result in lower insurance costs to the residents in the City of Fridley. Mr. Hughes stated that industrial pro�,er.ty and residential property is rated separately for fire protection. He stated that the new lower insurance rates will be effective to anyone renewing his insurance policy after September 15, 1965. Mr. Hughes stated that the City of Fridley obtained a new lower rating on the basis of the construction of the water mains including the:size of the mains and the supply, inspection of the mains, and compliance with codes. Mr. Hughes stated that the Fire Department may have trouble retaining the lower classification since one piece of�ire Department equipment namely the Gnternational Harvester 601 pumper does`not meet the standard performance test. He stated that the test on the 601 indicates that it has sufficient capability to be used as a reserve pumper, but that it does not produce a sufficient volume of water flow at a sufficient pressure to meet the test recjuirements. Mr. Hughes stated further that the Fire Department plans to add ladders to the Seagraves pumper truck and convert it to a lad�r tx�=ck rather than buying a ladder truck. He stated that when this is done, the City will not have credit for the use of a pumper since the use of the Seagraves truck as a ladder truck wi11 not make it possible to use the truck as a pumper. Mr. Hughes stated that the City Manager informed him that the purchase of a pumper was cut from the budget. Mr. Hughes stated that within five or six years it will also be necessary for the Fridley Fire Department to purchase an aerial 1�dder truck. Mayor Nee asked Mr. Hughes how much time the City has before it must purchase the pumper. Mr. Hughes stated that he believes the City can delay purthase of a pumper for one more year, but that the Crty wi11 have a problem in case of a structural fire where twa pumpers are required and one pumper is used as a ladder truck. He stated that the Intternational pumper is poor and sufficient only for residential fires. He stated that the City has obtained the present classification because of agreements for mutual aid when the reserve pumper must be used. Mr. Hughes stated further that it doe�n't pay to fix the pumper since the cost of overhauling it would be greater than the Uenefits received Councilman Kirkham asked Mr. Hughes how much money the residents will save on fire insurance policies. Mr Hughes stated that residents will save 5% or more on fire insurance policies, that there may not be a reduction in the cost of fire insurance to residents of the City of Fridley since the cost of fire insurance will be increased throughout the State but the increase in the City of Fridley will not be as great as that in the rest of the State ' The City Attorney asked what is the ratjpg of the Columbia Heights Fixe Department, Mr. Hughes answered that Columbia Heights has a rating of class 6 M�!'. Hughes stated that other factors giving the class 6 ratings to the Cil-y of Fridley were the good response of the volunteer Fire Department, the Building Inspection Ordinances and Codes, the maintenance of the fire stati:n and the �onstruction of the water works. Councilman Wright stated that a quick calculati�n suggests that the first payment on the pumpex would be less than the savings of Znsurance costs and the 5% reduction in fire insurance to a typical property owner equals a reduction in tax levy of about 1 mi11. � � ,� Mayor Nee asked Mr. Hughes when the City would fake possession of the pumper if the Administration would order one at this time, Mr. Hughes stated that the pumper would be delivered next fall. He stated that approximately 2 months are required to draw the plans and specifications for the pumper and after the plans and specifications were drawn and approved and the order for the pumper was placed, another 6 to 8 months would pass before delivery since the pumper is a custom built truck. Mayor Nee stated that the City wants to buy the gumper and asked whether the Firemen's Relief Association would finance purchase of the pumper. Mr. Hughes answered, ^Yes." Mayor Nee asked whether it would be possible to purchase a fire truck in 1966 even , though this purchase is not included in the budget. The City Attorney stated that it would be better to include the purchase in the City budget. Mayor Nee asked whether it would be financed, if it were purchased with a loan from the Firemen's Relief Association, in the same manner as by bond sales. The Attorney stated that it would not 6e necessary to take the same action as required to issue bonds but the purchase agreement could be drawn in the same manner as the loan obtained from the Firemen's Relief Association for construction of the fire station: Councilman Kirkham asked Mr. Hughes whether the supplier and manufacturer of the fire truck wou13 take an order for a fire truck at this time so the City would have something on record to show the fire underwriters in order to retain the class 6 rating, Mr, Kirkham stated that in this case arrange- ments could be made for the first payment on the pumper in= January 1967. Mr. Hughes stated this could be arranged, but if the cost of the pumper to the manafacturer increases before delivery of the pumper, the manufacturer could be expected to cheapen the pumper in order to meet the increased costs. Mayor Nee asked Mr. Hughes whether it would be possible to buy a used pumper Mr. Hughes answered that fire departments generally do not sell a used pumper but keep this equipment around for reserve use. He stated that it would be h ard to ascertain the exact condition of a used pumper and repairs of same might be costly. Councilman Kirkham stated that if it would help to retain the class 6 insurance rat:ng, he would like to see the order for the pumper placed now for delivery in January of 1967, Mr. Hughes stated that the does not believe it w�uld be detri mental to order the pumper at this time. Mayor Nee auggested that the Council could vote to authorize the Fire Department to draw plans and specifications for the pumper and request the Administration to draw up a proposal for financing the purchase of a pumper such that the first payment upon the pumper would be made in January, 1967, Motion by Wright to authorize the Fire Department to draw plans and specifi- cati�ns for the purchase of one pumper and request the Administration to prepare a proposal for financing the purchase of the pumper. Seconded by Kirkham, Upon a voice vote, there being no nays, the motion carried unanimously. FRIDL�Y_HOUSING AND REDEVELOPMENT AUTHORITY MEETING MINUTES - SEPTEMBER 1, 1965: Motion by Kirkham to receive and file the minutes of the Fridley Housing and Redevlopment Authority Mee�ing of September 1, 1965. Seconded by Wright. Upon a voice vote, there being no nays, the motion carried unanimously. ERIDLEY HOUSING AND REDEVELOPMENT AUTHORITY MEETING MINUTES - SEPTEMBER 8, 1965: Motion by ILrikham to receive and file the minutes of the Fridley Housing and Redevelopment Authority Meeting of September 8, 1965. Seconded by Wright. Upon a voice vote, there being no nays, the motion carried unanimouSly. BIDS - RESURFACING TENNIS COURTS - COMMONS PARK (OPENEDt�ON, SPETEMBER 20, 1965) Mayor Nee stated that he discussed resurfacing the tennis courts with Paul Brown. He stated that Paul Brown informed him the present condition of the tennis courts is that a base is built on both the tennis courts but the mat is laid on only half the tennis courts. He stated that this resurfacing would add a mat to the other half of the tennis courts. Councilman Kirkham asked the City Engineer whether he believes the price quoted for resurfacing the tennis courts is a good price. The City Engineer stated that it is a good price and $1,000 less than the budgeted amount for the improvement. ��� Motion by Wright to award the contract for resurfacing the tennis courts in Commons Park to the Northland Construction Company, 6320 Sunzise Drive, Fridley, Minnesota in the amount of $2,368.00. Seconded by Kirkham. IIpon a voice vote, there being no nays, the motion carried unanimously. RECONSI➢ERATION OF CONSTRUCTION OF TENNIS COIIRTS - MOORE LAKE BEACH: Councilman Wright stated that the Council previously tabled indefinitely construction of the tennis courts on Moore Zake Beach which are included in the budget for 1965 He asked whether there are sufficient funds available for the � City to complete construction of these tennis courts in 1965. The City Pinance ➢irector answered that sufficient funds are available for construc tion of the t�nnis courts. Mayox Nee stated that he discussed this samequestion with the City Manager and the City Manager informed him that it would not be necessary to delete construction of the tennis courts in order for the CiL-y to remain solvent in 1965. Councilman Wright stated that there is a limit to what the City can delete from the Parks and Recreation program. He stated that the Jaycees made an investment in Moore Lake Beach for the construction of additional beach equipment and improvement of Moore Lake Beach has a hiah priority with the Parks and Recreation Department. � � Motion by Wright to reconsider tabling construction of tennis court5 on Moore Lake Beach and request the Administration to place consideration of same upon the agenda of the regular Council Meeting of October 4, 1965 Seconded by Kirkham, Upon a voice vot�, there being no nays, the mot�on carried unanimously. BUILDIIVG PERMIT AND VARIANCE � 6050 - STH STREET BUSS: Motion by Wright to grant the request of Mr. Buss for a Building Permit for construction of an attached garage and a Waiver of the side yard requirement from five feet to three feet to permit construction of the same upon his prope?-ty at 6050 - Sth Street Northeast. Seconded by Kirkham. Upon a voice vote, there being no nays, the motlon carried unanimously. BUILDING PERMIT AND VARIANCE,� 6866 - 7TH STREET NORTHEAST - CARLSTEN: Motion by Kirkham to grant the request of Robert Carlsten for a Building Permit to rebuild his residence to its previous condition and grant the request of Mr. Carlsten for a waiver of the side y�t$ requirement from five feet to four feet six inches. Seconded by Wright. IIpon a voice vote, there being no nays, the motion carried unanimously. BUILDING PERMIT - 6001/6005 UNIVERSITY AVENUE NORTHEAST, MARCHIAFAVA: Motion by Wright to table to the regular Council Meeting of October 4, 1965 the application of Mr. Marchiafava for a Building Permit for the reconstruction of his property at 6001/6005 Ilniversity Avenue N.E. Seconded by IZirkham. ilpon a voice vote, there being no nays, the motion carried unanimously eiairrs • Motion by Wright to approve General and PuU1ic Utilities Claims �k6363 through �F6523. Seconded by Kirkham. Upon a voice vote there Ueing no nays the motion carried unanimously. Motion by Kirl,ham to approve Liquor Claims ��7806 to 7856. Seconded by Wright Upon a voice vote, thexe being no nays, the motion cazried unanimously ESTIMATES: Motion by Wright to approve and authorize payment of the follawing estimates; Keys Well Drilling Co. 413 No. Lexington Parkway St. Paul, Minnesota 55104 g7stimate ��6 - Water Improvement Pro�ect No. 75-A (Partial) (Three additional Drift Wells) Johnson Bros. Highway & Heavy Constructors, Inc. P.O. Box 1002 I.itchfield, Minnesota $10,130 85 2U� �stimate ��3 - Water Improvement Pro�ect No. 34-0 (Partial) (Crossing - T.H. ��694 - Johnson Street, 7th Street) Barton Contracting Co. 10300 89th Avenue North Osseo, Minnesota Estimate �kl - Water Improvement Pro�ect No. 75-F (Partial) (T.H. ��47 Watermain relocation) F. D. Chapman Construction Co, and Randall - berglin (a �oint venture), 2809 Alabama Minneapolis, Minnesota Estimate �kl - Storm Sewer Improvement Pro�ect No. ]3 and Sanitary Sewer, Water and Storm Sewer Improvement Pro�ect No. 73-A (Partial) (54th & Innsburck Sth Addn.) D. W, Harstad Company, Inc. 7101 Highway 4�65 N.E. Fridley, Minnesota 55432 Estimate �k��l - Tornado Damage - Fridley Fire Hall �stimate ;�1 - Construction for Civic Center Comstock & Davis, Inc. Consulting �ngineers 1446 County Road "J" Minneapolis, Minnesota 55432 For Resident Inspection & Supervision for staking out of construction work Estimate ik5 - Water Improvement Project No, 34-0 (Crossing - T.H. ir`694 - Johnson Street, 7th Street Estimate ��10 - Water Improvement Pro�ect No, 34-Q-2 (Pumping Installation and Pumphouse - Well 4�6 - 600 62nd Avenue Northeast) Estimate ��14 - Sanitary Sewer and Water Improvement Aro�ect No. 67 (1964 Sanitary Sewer and Water Program) �stimate 9k6 - Water Improvement Pro�ect No. 75-A (Three additional drift we11s) Estimate ��9 - Sanitary Sewer and Water Improvement Pro�ect No, 70 (Riverview Terrace, south of Mississippi Place ; Lincoln (Ashton) Street, South of Ironton Street; Sth Street, South of T.H. ;F100). Estimate �kl - Sanitary Sewer, Water and Storm Sewer Improvement Pro�ect No. 73-A (Innsbruck Sth Addition) Gstimate -0�4 - Water Improvement Project No. 75-B (Booster Station - 63rd Avenue N.E. and T.H. �k100) Estimate ,'�11 - Storm Sewer Improvement Pro�ect No. 5-B (North of T.H. �k100, East of T.H. ik47) L�stimate ifl - Storm Sewer Improvement Pro�ect No. 73 (54th Avenue Northeast) $ 7,086,37 $ 7,778.94 $ 8,294.5$ $16,232.76 $ i,s�4.ii $ $ $ $ 1 484.50 ' 42.50 12.50 256,25 $ 62.50 $ �523'.00 $ 116,25 $ 20.00 ' $ 317.50 $ 1,835.00 Seconded by Kirkham. Upon a voice vote, there being no nays, the motion carried unanimously. � � � 201 ESTIMATE OF S.C, SMILEY AND ASSOCIATES FOR BLITCPRINTING AND REPRODUCTION COSTS: Mayor Nee asked the City Attorney whether Lhe estimate of Mr. Smiley was for current expenditures or whether it includes costs applicable to the prelimi- nary design of a separate phase of the pro�ect. The City Attorney stated tha*_ the costs cover current expenditures. Mr. Comstock stated that it is standard pxactice Eor architects to charge costs for blueprinting and reprodu�tion of specifications to their clients. Councilman Wright stated that he does not believe that Mr. Smiley would risk the reputation of his fixtn by submitting a phony bi11 shifting costs of one part of the pro�ect m another. Motion by Wright to request the City Manager to obtain an itemization oF the bi11, and report to the Council at the next regular meeting on October 4, 1965 Seconded by Kirkham. Upon a voice vote, there being no nays, the motion carried unanimously. LICENSES• Motion by Kirkham to approve the following licenses; GASr Maue Heating Conepany Route ��3 Osseo, Minnesota GENERAL H. & F Construction Company 5529 Penn Avenue South Minneapolis, Minnesota Swenson, Incorporated 5462 Jackson Street New Brighton, Minnesota Zachman Construction Companp 3359 Central Avenue N.E. Minneapolis, Minnesota FIEATING by: C. R. Maue by: Herbert E, Garbers by; II. J. Swenson by: James A. Zachman Avoles Plumbing & Heating Company 779 East 7th Street St. Pau1, Minnesota by: A. Walter Avoles Maue Heating Company Route ;�3 Osseo, Minnesota Suburban Heating Company 2050 White Bear Avenue St. Paul, Minnesota OIL HEATING Suburban Heating Company 2050 White Bear Avenue St. Paul, Minnesota ROOFING by; C. R. Maue by: Raymond Ghema by; Raymond Ghema NEW NEW NEW NEW NEW NEW NEW NEW A1 Jarvi Construction Company 6232 Parnell Avenue Minneapolis, Minnesota by: A1 Jarvi NEW Seconded by Wright, ilpon a voice vote, there being no nays, the motion carried unanimously. ��� PETITION 1k25-1965: OPPOSING IMPROVEMENT OF 69TH WAY FROM EAST RIVER ROAD TO HICKORY DRIVE• Motion by Wright to receive Petition ��25-1965 and refer it to the Administration for processing. Seconded by Kirkham. Upon a voice vote, there being no nays, the motion carried unanimously. P=TITION �k26-1965 FOR STREET SURFACING ON 75TH WAY AND ALDEN WAY: Motion by Wright to receive Petition �k26-1965 and refer it to the Administration for processing. Seconded by Kirkham. Upon a voice vote, there being no nays, ' the motion carried unanimously. TION ORDINANCE - FIRST READING - SUDGET 1966: Motion by TJright to adopt the 1966 Budget Ordinance upon first reading as presented to the Council. Seconded by Kirkham. Motion by Kirkham to amend the budget by adding a sufficient amount to the budget of the police department to liire one policeman in Ju1y of 1966. Seconded by Wright. Upon a voice vote, there being no nays, the motion carried unanimously. Motion to adopt the Ordinance upon first reading. Upon a voice vote, there being no nays, the motion carried unanimously. ORDINANCE AMENDING CHAPTER 24 - PARKS AND RECR�ATION COMMISSION: Mayor Nee stated that he believes the ordinance is a good one. Councilman Ldright stated that the version of the ordinance is completely satisfactory to the Parks and Playgrounds Sub-Committee, the Recreation Coimnission and the City Manager. There was a discussion of the elimination of school board representation to the iiept.commission. Councilman Wright stated that the Parks and Playgrounds Sub-Committee and the � Recreation Commission would like to have the Ordinance approved as it is with the Chairman of the Parks and Recreation Commission as a member of the Planning Commission. He stated tttat the Sub-Committee and the Commission like the proposal for five memhers and-stated that they believe that most of the recreation business of the City would be referred to the Council through the City Manager and that representation on the Planning Commission would bring the business of the Parks and Recreation Committee affecting the Planning Commission to the Planning Co�nission in the usual manner. Motion by Wright to table to the regular Council Meeting of October 4, 1965 consideration of the Ordinance amending Chapter 24. Seconded by Kirkham. Upon a voice vote, there being no nays, the motion carried unanimously. ORDINANCE DESIGNATING CHAPTEI; 20 - HANDBILL DISTRIBUTION; Motion by Kirkham to refer the proposed ordinance designating Chapter 20 handbill distribution to IZassler�s Store, to Tri-County Publications, to the Chamber of Commerce and to others in the industry for comment. Seconded by Wright. Upon a voice vote, there being no nays, the motion carried unanimously. ORDINANCP� TO AMEND SECTION 77.Oi - BEACH CLOSING: Motion by Ldright to adopt the Ordinance amending Section 77,01 giving the ' Parks and Playgrounds Sub-Committee the authority to set beach closing hours, upon first reading. Seconded by Kirkham. Upon a voice vote, there being no nays, the motion carried unanimously. CONSIDERATION OF QUOTATIONS FOR TORNADO DUMP CLEANUP; The City Engineer passed out and discussed with the Council quotations for cleaning up the dump of tornado debris. Councilman Wright stated that the cost of cleanup would be paid with Federal funds. 203 Motion hq Wright to award contract for cleanup of dump of tornado debris to Julian M. Johnson and Ted Renollett, Contractors, 3638 Belden Drive, in the amount of $18,875.00, and direct the bidder to provide a disposal location outside the City of Fridley. Seconded by Kirkham. Upon a voice vote, there being no nays, the motion carried unanimously. CONSIDERATION OF BIDS FOR SWEEPING TORNADO AREA STREETSt Motion by Wright to award a contract for sweeping streets in the tornado damaged area to Industry Services, Znc. 6f 1359 Dean Avenue, St. Pau1, � Minnesota in the amount of $57,50 per curb mi1e, Seconded by Kirkham Upon a voice vote, there being no nays, the motion carried unanimously. FRIDLEY - COLUMBIA HEIGHTS AGREEMENT - S59k12; The City Attorney stated that a supplemental agreement wi11 be drawn between the City of Fridley, the City of Columbi� Heights and the Minnesota Highway Department for maintenance and xepairs of the storm sewer. He stated that this agreement will be drawn by the City Attorney of Columbia Heights The City Attorney stated that the City Attorney of Columbia Heights is also drawing an agreement for deposit in escrow of funds from the sale of bonds by the City of Columbia Heights for construction of Stotm Sewer Pro�ecC �k12. The City Attorney stated that Mr. Comstock� Mr. Wagner and the City Attorney considered these agreements with the Gity of Columbia Heights, and he stated, further, that the agreement is basically in the same pattern as the usual agreement with the Minnesota Highway Deparzment. He stated that the agreement does provide that a map delineating the drainage district be included as part of the agreement. Councilman Wright asked whether it would be possible to obtain changes in the map in the future. Mr. Comstock answered that the map is not a prin�ipal part of the agreement with the Minnesota Highway Department, but that the agreement with the Minnesota Highway Department was made on the basis of design criteria and, hence, the drainage district could not be changed in the future, Mr. Comstock stated that the supplemental agreement for maintenance and repair � of the stoxm sewer wi11 include a design formula for drainage into the storm sewei, a formula for computing the costs and the procedure for the City Engineers of the City of Fridley and the City of Columbia Heights to follow when considering whether repair and maintenance should be done by City forces of the individual Cities or by contract with Council approval. Councilman Wright asked whether a sub-district map would be drawn to show the responsibility for repairs. Mr, C�mstock stated that responsibility for repairs wi11 be decided on a contributing area basis and that inclusion of a sub-district map would complicate the agreement. The City Attorney stated that the maintenance agreement is more specific than the general agreement. Mr. Comstock stated that an agreement z's in existanee� between the Cities of Richfield� Bloomington, and the Minnesota Highway Department for the construction of a storm sewer pro�ect along T,H. �k"a9'.� He stated that he w ants to research this agreement and ask the offlcials of Richfield snd Bloomington for their experience concerning this agreement. Council� n Wright asleed Mr. Comstock whether there is sufEicient time for him to xesearch the agreement between Bloomington and Richfield and, considering their experience with the agreement, evaluste L-he probaUle results of that written between Fridley and Columbia Heights. Mx. Comstock stated that the Minnesota Highway Department has delayed letting bids for construction until October 29th, He stated that Columbla Heights plans to let bids on October 4th, the City of Fridley plans to let Uids on � October llth and that the agreement should be drawn and the plans okayed by the Council on October 18th. The City Attorney stated that the Consulting Engineer and the personnel of the City of Colum6ia Heights are continuing work in the meantime upon the agreement to complete same Mayor Nee stated that he has studied the agreement and he approves of same, He asked ehe City Attorney whether approval of the agreement at this time would jeopardize negotiations with the City of Columbia Heights Mayor Nee stated that there would be no �eopardy except as it depends on the other party to approve the agreement and that Columbia Heights may wish to change part of the agreement before approving same. Councilman Wright asked the City Attorney what is the liability of the City of Fridleq, if the City o� Fridley finds it impossible to draw a supplemental �04 agreement for repair of the storm sewer with the City of Columbia Heights. The City Attorney answered that he belieSes the liability of the City of Fridley would be negligible, The City Attorney stated that the Council wi11 need to pass a resolution referring to the supplementary agreement before the p lans can be formally adopted on October 18th. Motion by Wright to approve the agreement between the City of Fridley and the City of Columbia Heights for construction of storm sewer pro�ect �k12 and authorize the Mayor and the City Manager to sign the agreement subgect to completion of the supplementary agreement �or.maintenance and repair of the storm sewer and sub�ect to any last minuteg changes requested by the City of Columbia Heights. Seconded by Kirkham. Upon a voice vote, there being no nays, the motion carried unanimously. AUTHORIZING BIDS TO REPLACE CITY CAR: Motion by Kirkham to authorize advertisement for bids for the purchase of a compact car as described in the agenda. Seconded by Wright. IIpon a voice vote, there being no nays, the motion carried unanimously.' THE COIINTY AUDITOR TO BE AGAINST C�RTAIN PROPERTIES FOA Motion by Wright to adopt Resolution �k169=1965. Seconded by Kirkham. Upon a voice vote, there being no nays, the motion carried-unanimously. RESOLUTION APPROVING M.H.D. AGREBMENT NO 54803 The City Attorney stated that there is an error on page 152 of the agreement in that the agreement was written to be authorized and signed by the Mayor and the City Clerk, whereas, it should be signed by the Mayor and the City Manager. The City Engineer stated that there is no need to approve this Resolution at this time, and that plans of the project are not complete. Motion by Wright to table for redraft the Resolution approving the Agreement ��54803 with the Minnesota Highway Department. Seconded by Kirkham. Upon a voice vote, there being no nays, the motion carried unanimously. RE-AFFIRMING RESOLUTION N0, 144-1965 Motion by Kirkham to table to the regular Council Meeting of October 4, 1965 re-affirming Resolution �E144-1965. Seconded by Wright, Upon a voice vote, there being no nays, the motion carried unanimously, RESOI.UTION i6170-1965: OR➢ERING THE REPAIR OR REMOVAL OF THE STRUCTURE LOCATED AT 5600/5602 - 6TH STREET NORTHEAST IN THE CITY OF FRIDLEY BY REASON Councilman Wright stated that he believes the City should undertake to condemn and order repair of these structures whether there is an Urban Renewal program in the City of Fridley or not. The City Attorney suggested that item ikll be changed to require that the remedy for weeeis on the property be changed from sodding the lawn to improving the lawn area. Councilman Wnght questioned whether the inspection department actually inspected the properties on the dates given in the resolution and he stated that it cwould seen strange to him that the Building Inspectors would have inspected all four of the duplexes on August 24th. Motion by Wright to adopt Resolution 4�170-1965. Seconded by Kirkham. Upon a voice vote, there being no nays, the motion carried unanimously: RESOLUTION 4k171-1965 ORDERING THE REPAIR OR REMOVAL OF THE STRUCT[IRE LOCATED AT 5606/56D8 - 6TH STREET NORTHEAST IN THE CITY OF FRT.11LEY BY REASON OF IT BEING A HAZARDOUS STRUCTURE: Motion by Wright to adopt Resolution ��171-1965 with an_amendment of �he wording that neeessary repairs listed in itemikll be changed to "Improve the lawn area." Seconded by Kirkham. Upon a voice vote, there being no nays, the motion carried unanimously, ' ' 1 � SEING A ZiAZARD0i7S STRUCTURE: OR 2O�' Motion by Wright to adopt Resolution dk172-1965 with the amendment of item ��11 that the necessary repairs be changed from "Sod the lawns propertly" to "lmprove the lawn area". Seconded hy Kirkham. Upon a voice vote, there being no nays, the motion carried unanimously, � AT Sb18 BEING A � , 73-1965 _ G,Tti C STRUCTURE REPAlR OR REMOVAL OF THE STRUC Motion by Wright to adopt Resolution �kll3-1965 with an amendment of the necessary repairs of item 11 from "Sod the lawns properly" to "Improve the lawn area." Seconded by Kirkham. IIpon a voice vote, there being no nays, the motion carried unanimously. G� 10�� THE COMBTNING OF SPECYAL �nnnr �i.nn n.mTmnnlc� �..n Motion by Kirkham to adopt Resolution �k174-1965. Seconded by Wright, Upon a voice vote, there being no nays, the motion carried unanimously, UN 9fl/7-170J - IC�GC.1V11V1i YICC,L1M11VHtSY YLE1N� E11Vll JYC�Gir1l:H11V1VJ EllVll A PUBLIC HEARING ON THE MATTER OF THE CONSTRUCTION OF CERTAIN IMPROVEMENTS Motion by Wright to adopt Resolution ��175-1965. Seconded by Kirkham. Upon a voice vote, there being no nays, the motion carried unan�mously. �� P.UW � Y There beittg no further business, Mayor Nee declared the regular Council Meet9_ng of September 20, 1965 adjourned at 1;45 A,M, Respectfully submitted, ,����,�.�.. Raymond E. Bade Secretary to the Council �����,�'��� ��� �� William J. Ne Mayor Tf33E MINUTES OF THE SPECIAL COUNCIL MEETING OF SEPTEMBER 15, 1965 A Special Council Meeting of September 15, 1965 was called to order by Mayor Nee. ROLL CALL• MEMBERS PRESENT: Nee, Thowpson, Kirkham, Wright MEMSERS ABSENT: Sheridan RESIILTS OF THE ELECTION: Motion by Thompson to receive and certify that the results of the election are as follows: PRIMARY ELECTION 14 SEPTEMBER 1965 , DECLARATION OF RESULTS THEREOF