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12/13/1965 - 00021732� t� E� ..� .Y,, THE MINUTES OF THE SPECIAL COUNCIL MLETING OF DECEMBER 13. 19 A Special Meeting of the Council of the City of Fridley was called to order by Mayor Nee at 8;06 P.M. ROLL CALL Members Present; Nee, Kirkham, Sheridan, Thompson (Wright arrived at 8;10 P M) Members Absent; None ERICKSON PETROLEUM COMPANY - FOOTING AND FOULVDATION PERMIT - WORLD WIDE � SHOPPING CENTER: Mayor Nee stated that the Council agreed to waive notice of this item, and consider authorizing a Footing and Foundation Permit to Erickson Petroleum Company for construction of a World Wide Shopping Center in the City of Fridley, prior to processing the plans before the Building Board. Mr. Robert G. Rote and Mr. ILeith Holvenstot were present at the Council Meeting representing Erickson Petroleum Corporation. Mr. Rote stated that Erickson Petroleum Corporation wants to begin work on the footings and foundation as long as the weather holds, and does not wish to wait for the Building Board to examine the plans before doing so. Mr. Rote stated that Erickson Petroleum Corporation had presented the plans to a meeting of the Building Board scheduled for the previous Wednesday, but there was not a quorum present and the Building Board was unable to act on this matter. Councilman Kirkham stated that he does not anticipate any problems if Erickson Petroleum Corporation is granted the Footings and Foundation Permit. He asked Mr. Rote if he understood that beginning work before the plans were approved is at the risk of the Erickson Petroleum Corporation. Mr. Rote answered, "Yes " Motion by Kirkham to grant the request of Erickson Petroleum Corporation and authorize the installation of footings and foundation for the construction of a World Wide Discount Shopping Center on the property of Erickson Petroleum Corporation at University Avenue and T,H. �k694. Seconded by Thompson Upon a � voice vote, there being no nays, the motion carried unanimously. REQUEST FOR A VARIANCE FROM SECTION 45.23, CITY CODE OF FRIDLEY, MINNESOTA, 1963, BY WAIVER OF SIDE YARD REQUIREMENT FROM 10' TO 5' TO PERMIT REMODELING OF ATTACHED GAAAGE TO A FAMILY DWELLING AR�A ON LOT 1, BLOCK 5, BONNY ADDTTION, ANOKA COUNTY, MINNESOTA, SAME BEING 5980 - 7TH STREET NORTHEAST, ERIDLEY, MINNESOTA. (REQUEST BY KENNETH JOHNSEN, 598d - 7TH STREET NORTHEAST, FRIDLEY, MINNESOTA): Councilman Wright stated that he and Councilman Sheridan viewed the property of Mr. Johnsen and discussed with the owner the problems concerning the proposed construction. Councilm�n Wright stated that he also discussed the construction with Councilman Kirkham and, upon the concurrence of the other two Councilmen, took the liberty of telling Mr. Johnsen to proceed with the construction. Motion by Wright to approve the request of Kenneth Sohnsen and grant a waiver of the side yard variance from 10' to 5' to permit remodeling of an attached garage into a family dwelling area upon his property at 5980 - 7th Street Northeast Seconded by Sheridan. Upon a voice vote, there being no nays, the motion carried unanimously RECESS• Mayor Nee declared a recess of the Special Council Meeting of December 13, 1965 � at 8;12 P.M. The Council reconvenad at 8:38 P.M. PROPOSED ORDINANCE - HOUSING CODE (TABLED 12/6/65): Mayor Nee stated that when the City Attorney brought up the ob�ection to Section H504 of the Uniform Housing Code, he tended to agree with the City Attorney that it is not a good idea to adopt this section in the Housing Code concerning the size of window ventilation openings in buildings. He stated that the trend towards increased air conditioning and ventilation of buildings reduces the necessity of operated windows in a house e%,y � 1 t The City Manager stated that the City of St. Louis Park adopted the Uniform Housing Code with certain exceptions. The City Manager stated that he received a copy of the ordinance adopting the Uniform Housing Code from St, Louis Park, and possibly the Gouncil would wish to consLder the exceptLOns which St, Louis Park made to the Code. The City Manager stated that he believes it was the intent of the Council at the previous meeting to adopt this ordinance upon first reading and then consider revisions to the Code according to recommeid ations of the Planning Commission. Councilman Kirkham stated that he prefers to hear the reco�nendations of the � Planning Conanission before this ordinance is adopted upon first reading He stated that he discussed the Uniform Housing Code with officials of St Louis Park, and these officials are not happy with the Uniform Housing Code He stated that he believes the State of Michigan discourages the use of the Uniform Housing Code. Councilman Kirkham stated that he believes there is no hurry to adopt the Uniform Housing Code, and he would prefer to wait until the Planning Commission has considered it thoroughly. Councilman Sheridan asked whether the Council considered the use of a maintenance type code similar to the maintenance code used by the City of Minneapolis Mayor Nee stated that the Uniform Housing Code is supposed to Ue a maintenance code. Councilman Sheridan stated that the maintenance code would take care of some of the same things as the Uniform Housing Code, but there is a 1ot of duplication between the Uniform Housing Code and the Uniform Eiuilding Code, whereas, a maintenance code would supplement the Uniform Building Code Council- man Sheridan stated that he prefers the use of a ma7.ntenance code as used by the City of Minneapolis. He stated that there are fewer ob�ections to the use of a maintenance code than there would be to a housing code, at first Councilman Sheridan stated that he would attempt to get 10 coples of the maintenance code as used by the City of Minneapolis and distribute them to the Council and the Planning Commission. Councilman Wright stated that if the ordinance is not adopted upon first reading, the Council would tend Co postpone consideration of the amendments to the ordinance. He stated that if the oridnance is adopted upon first reading, � then the Council would be more likely to consider making the amendments necessary to adopt the Uniform Housing Code. Motion by Kirkham to table to the Regular Council Meeting of DecemUer 20, 1965 consideration of the Unifoxm Housing Code Seconded by Sheridan Upon a voice vote, Wright and Thompson voting nay, Mayor Nee �ieclared the motion carried. PURCHASE OF PARK PROPERTY (TABLED 11/15/65, 12/6/65): Councilman Kirkham askeC the price the owner wants for this property The City Manager answered that the price including taxes and assessments is $2,244.64. Councilman Thompson asked whether the City knows what will have to be expended in order to fill and grade this property to make it useful as a playground The City Manager replied that he was informed this property could be used as a tot lot and would not require much work. Councilman Thompson stated that when the Park and Playgrounds Sub-Committee considered the purchase of this land three years ago, they planned at that time to fill in lot 4 in order to make il more useful. Counc$man Kirkham asked why the cost of this property is so high The C�ty Manager stated that it includes the cost o£ assessments against the property. Councilman Kirkham asked whether the assessments were high. He stated he believes this is a 1ot of money for this property The City Manager replied that the owner originally asked $3,000 for the pxoperty. Motion by Wright to concur with the Parks and Playgrounds Sub-Committee and � instruct the City Attorney to commence negotiations to purchase Lots 3 and 4 in Block 1 of Horizon Heights for park property. Seconded by Sheridan Upon a voice vote, there being no nays, the motion carried unanimously COMMUNICATIONS MINNESOTA HIGHWAY DEPARTME3`iT: DRAINAGE ON MISSISSIPPI STK�ET: The City Manager stated that the Council could receive and file this communication if the Council wished to do so. Mayor Nee asked whether the Anoka County Highway Department contemplated construction of this pro�ect next year. The City Manager stated that the County had saad they planned to begin construction next year. ) �� Nlotion by Wright to receive and file the communication from the Minnesota Highway Department to the Anoka County Engineer concerning drainage on Mississippi Street Seconded by Sheridan. Upon a voice vote, there being no nays, the motion carried unanimously FINANCE DIRECTOR: SEWER CHARGES Motion by Sheridan to authorize the Finance Dixector to prorate the sanitary sewer charges against commercial properties damaged by the tornados, at the discretion of the Finance Director. Seconded by Wright Upon a voice vote, there being no nays, the motion carried unanimously. MOUNDSVIEW: FISH HOUSES Motion by Thompson to receive the communication from the Village of Moundsview regarding fish houses on Spring Lake. Seconded by Sheridan. Upon a voice vote, there being no nays, the motion carried unanimously. JAYCEES: HOCKEY RINK Mayor Nee stated that the Park Board recommends that the City undertake this pro�ect and finds that it is compatible with the work of the Park Board. The City Manager stated that the Jaycees are asking the City to pay an amount in the neigh6orhood of $472 to provide lighting to this rink. Councilman Sheridai asked whether this hockey rink will be located upon school property The City Manager answered, "Yes." Councilman Wright asked the City Manager whether he had any knowledge of the attitude- of the School Board towards the use of the hockey rink. He stated that children from outside the school district would be using the hockey rink and the School Board might ob�ect to this use. The City Manager stated that the School Board approved the building of this hockey rink upon school property, and the School Board knew the hockey rink would be lighted. ' Motion by Wright to comply w�ith the request of the Junior Chamber of Commerce and authorize the City to share in the cost of lighting the hockey rink in an amount not to exceed $500. Seconded by ICirkham. Upon a voice vote, there being ' no nays, the motion carried unanimously. MINNESOTA HIGHWAY DEPARTMENT: CROSSOVER AT 61ST AVENUE NORTHEAST: The City Manager stated that the cou¢nunication from the Minnesota Highway Department appears to agree with the City�s request for a crossover at 61st Avenue Northeast and retention of the csossover at 63rd Avenue Northeast, He stated that he believes the City will eventually lose the crossover at 63rd Avenue Northeast, whether the City obtains a crossover at 61st Avenue or not. Councilman Kirkham asked whether the Minnesota Highway ➢epartment would install signa3ls at 63rd Avenue Northeast if a crossover is not built at 61st Avenue Northeast. The City Manager answered that the Minnesota Highway Department will not do so, that the Minnesota Highway Department does not wish to space the signals any closer than every four blocks. Councilman Sheridan asked whether it would be possible to get clarification from the Minnesota Highway Department concerning this proposal and then hold a meeting with the residents in the area, the businessmen who own property along T.H. 4F65 and the representatives of the Minnesota Highway Department. The City Manager answered, "Yes." Councilman Sheridan suggested that perhaps the Highway Department would prefer to have one crossing at 62nd Avenue Northeast instead of a crossing at 61st Avenue Northeast with access at 63rd Avenue Northeast. The City Manager stated that he believes the Minnesota Highway Department wi11 prefer to keep a four block interval between traffic signals. He stated that the Minnesota Highway Department does not like to install lights every four blocks, but they believe it is much easier to synchronize the , traffic signals if the lights are installed at least every four blocks. Council- man Sheridan asked if it is correct that the Minnesota Highway Department will a11ow continued access to TeH. �f65 at 63rd A��enue on the east side and on the west side of T H. 4�65 if the median crossover is taken out. The City Manager answered, "Yes " Councilman Sheridan stated that, in the event the median cn-ossover is removed at 63rd Avenue Northeast, he would wish to have a service drive run between 63rd Avenue and 61st Avenue Northeast on both sides of T.H. �k65 in order that traffic can cross from one side of T.H. ik65 to the other, easily. CounciiZman Sheridan asked the City Manager whether it would be possible to clarify this information with the Minnesota Highway Department by phone call. The City Manager answered, "Yes." Councilman Wright stated that the City map shows existing construction of 61st Avenue to East River Road crossing the Great Northern and Northern Pacific � � � � ,�i Railroad tracks. Councilman Wright stated that he discussed this construction with the Superintendent of Schools, John Hanson, and Mr Hanson stated that the school would plan for the future in accord with known construction plans of the City Councilman Wright stated that if the City builds a crossover on the railroad tracks of 61st Avenue and extends it to East River Road, the School Board would, more than likely, build an elementary srhool to serve Sylvan Hills on the west side of East River Road near 61st Avenue Northeast He stated that if the City does not build this crossover, the School Board wi11 probably build additions to the existing schools on Gardena and on 7th Street. Councilman Wright stated that he favors construction of 61st A enue Northeast across the railroad tracks to East River Road. Motion by Sheridan to receive and file the communication from the Minnesota High- way Department regarding the crossover of T.H. ��65 at 61st Avenue Northeast Seconded by Kirkham. Upon a voice vote, there Ueing no nays, the motion carried unanimously. KNIGHTS OF COLUMBUS; BINGO PERMIT The City Manager stated that the City Attorney was going to draw up a proposal for the Council to consider with rules and regulations to govern the conduct of bingo games by groups such as the Knights of Columbus in the City of Pridley He stated that such regulations would inform these groups what they can or cannot do. He stated that the Council could at this time inform the Knights of Columbus that the City has no ob�ections to conducting a bingo game but that at`a future time the City wiIl inform them what regulations of the operation of a bingo game the City may establish. Motion by Wright to receive and file the communication from the Knights of Columbus requesting permission to operate bingo games at Lhe Knights of Columbus Hall and to inform the Knights of Columbus that the City has no o�ection to the conduct of bingo games at the Knights of ColumUus Hall at the time and place proposed by the Knights of Columbus, but that the City map establish regulations of this activity in the future Seconded by Sheridan, Upon a voice vote, there being no nays, the mocion carried unanimously APPOINTMENTS - NEW PARKS AND RECREATION COMMISSION (TABLED 12/6/65): Councilman Wright staCed that he would like to Z�ropose the names of certain persons to the new Parks and Recreation Commission He suggested that Robert J Hughes be appointed chairman and serve for a three year term, that ,Tohn Dunphy be appointed to a three ye � term, that Richard Donlin be appointed to a two year term, that Helen Sampson be appointed to a two year term and that Christian Skjervold be appointed to a one year term. Councilman Sheridan stated that none of the suggested appointees is a resident of Ward 2. Councilman ��'right suggested that Helen Sampson be appointed to a one year terrn and Christian Sk�ervold to a two year term and when the next vacancy occurs in the Parks and Recreation Commission a female resident of Ward 2 be appointed to fi11 the vacancy Motion by Wright that the following appointments be made ts the Parks and Recreation Commission: Robert J. Hughes to a three year term as Chaixman; John Dunphy to a three year term, Richard Donlin to a two year tec�i�; Christian K. Sk�ervold �o a two year term, and Helen Sampson to a one yeax textn. Seconded by Thompson. Upon a voice vote, there being no nays, the motion carried unanimously. APPOINTMENTS (TABLED ].2/6/65): Motion by Sheridan to concur with the City Manager and approve the following appointments; � .iv.�s,y Rene Kreutter 22E5 Kno11 Drive New Brighton, Minn Sames E. Angelo 1354 7th St. N.W., New Brighton, Minn 55112 Apt. 14 55112 Lois Lorraine Foster 11440 - 114th Ave. N.W. Coon Rapids, Minnesota POSITION Senior Engineering Aid REPLACES Alex Rudzinski Sunior Engineering Aide Temporary Employee Accounting Clerk Laurel R. Powers L � Seconded by Wright. Upon a voice vote, there being no nays, the motion carried unanimously. COMMIINICATIONS VOLUNTEER FIRE DEPARTMENT: CODE WAIVER Mayor Nee told the Fire Chief that he understood at the time the code waiver was considered by the Council at a special meeting, that the North Suburban Hospital District obtained the concurrence of the Fire Department to the request of the District for a code waiver He stated that he gained the , impression from the members of the North Suburban Hospital District that the Fire Department was willing to consider a waiver of the law, that the only City requiring this provision was the City of Fridley, and the Fire Department would agree to waiving the requirement if the Council would do so. The Fire Chief, Robert Hughes, stated that he believes it is unwise for the Council to consider waiving a provision of the Fire Protection Code without considering the view of the Fire Department. Ae stated that he believ es that before such a provision is waived, the Council should hold a hearing and aut'.-.orize the Fire Department to pr�rsent its views concerning the code �Robext Hughes stated that the letter from the State Fire Marshall stipulates that it is a requirement of tfie �ode that fire hoses and standpipes be installed in the North Suburban Hospital, and Chief Hughes stated that it is also his understanding that the code requires that the storage and work areas in the basement of the hospital be sprinklered He stated that the Minneapolis code would require that in addition to a sprinkler system in the storage and work areas in the basement the hospital also provide sprinklers in the garage He stated that the City of Fridley Code does not require sprinklers in the garage if there is a four- hour fire separation between the garage and the,rest of the building. Chief Hughes stated that he believes the codes used by the City of Fridley are good, and the Fire Department is concerned that there would be a hazard to life in a building, such as a hospital, where patients unable to move about freely and care for themselves might be asphxyiated Uy fumes from a small fire in the basement, He stated that he does not believe there is as much � danger from flame, but that smoke and gases from a fire would be dangerous to patients especially on the upper floors of the hospital Chief Hughes stated that the Fridley Fire Department does not have the equipment and ladders to provide the quick removal of a large number of patients from the upper floors of the hospital to reduce such danger. He stated that the Volunteer Fire Department has an arrangement whereby the volunteer firemen living in outlying districts of the City go to the siCe of the fire when there is an alarm rather than coming to the Fire Hall, first before going to the fire. He stated that men without equipment at the site of a fire cannot do much to put out the fire, but if hose cahinets and hoses are installed at the site of the fire, these men could use these hoses to check the fire until the Fire Department arrives. Councilman Wright asked the Fire Inspector whether the basement storage areas would be sprinklered if there were no cars in the garage. Fire Inspector Aldrich answered that the code would still require that all storage areas, maintenance rooms, and work rooms in the basement be sprinklered whether there are any cars stored in the basement or not. Councilman Wright stated that the letter from the F�re Chief in£orms the Council that the Minneapolis Code would require that the garage be sprinklered, The Fire Inspector answered that this is correct, and that the Minneapolis Eire Code requ�res that any basement in which three or more cats are stored be sprinklered regardless of the use of the building above or the use of the rest of the basement Councilman Wright stated that the official of the North Suburban Hospital , District informed the Council that they had the approval of the Insurance Underwriters not to sprinkler the basement and not to install hose cabinets in the hospital. He stated that the officials of the North Suburban Hospital District informed the Council that they are using the same system of fire protection in this hospital as used by the Glenwood Hills Hospital. Inspector Aldrich stated that, to the best o£ his knowledge, there are standpipes in the Glenwood H�.11s Hospital. He stated that there are two considerations in the installation of standpipes in a hospital: one is to obtain a 2�" connection for use by the Fire Department of Fire Department hoses; the other is to obtain a 1z" hose connection which can be used as a first aid appliance bq a female 6� �(a employee in a hospital with the pressure at the orifice reduced such that handling the hose would not be difficult for her. The Fire Inspector stated that Downing Box Company has these hose cabinets installed in their building, that the hoses are used by the employees, and when there is a£ire call at Downing Box, the employees have put the fire out before the Pire Department arrives. Councilman Wright asked what the view of the Fire Department is concerning the contention of the officials of the North Suburban Hospital District that the fire hoses will rot out and be useless when needed The Fire Inspector � answered that it is necessary for the hospital to maintain these hoses, and that the hospital should not fail to maintain these hoses IIe stated that the Fire Department wi11 inspect these hoses regularly and will enforce a provision upon the hospital that these hoses be replaced as they show rot, Councilman Wright asked whether the ordinance of the City of Pridley requires the Fire Inspector to examine the fire extinguishers in a building as well as the hose. The Fire Inspector replied that this is his duL-y Councilman [nTright asked whether the Fire Inspector needs additional authority to make these inspections. The Fixe Inspector answered, °No " Councilman Sheridan stated that from the present2tion made by the ofFicials of the North Suburban Hospital District to the Council, he assumed that the Fire Inspector was holding the line in order to enforce the letter of the code, but that the Fire Inspector would Ue willing to waive the code if the Council would agree to the waiver He stated that the officials of the North Suburban Hospital District also gave him the impression that che Stal-e was not concerned with enforcement of this provision of the code He stated that it appears from the letter written by the State Fire Marshall and from the statements made by the Fire Inspector and the Fire Chief that these state- ments are not true, and Councilman Sheridan stated that it disturbs him that someone would make untrue statements to the Council. The Fire Inspector stated that the Fire Department made a minor concession to the North Suburban Hospital District allowing them to locate the hose cabinets in the stair towers in the building rather than in the corridors. � He stated that he examLned the plans of the hospLtal, toge*_her with the Administrative Intern, to determine whether it would be possible to reach all parts of the building with a stream of water if the hose cabinets �aere located in the stairways, and arrived at the conclusion that it was possible and this would provide adequate first aid fire protection to the hospita L The Fire Inspector stated that he informed Mr. Eilers that the architect could locate these fire hose cabinets in the stairways, but that he could n�t waive the code and fail to provide for the installation of the fire hose cabinets in the building. He stated that he had informed Mr. Eilers of this prior to Apxil, 1965 and that the architect failed to provide for the installati��n of fire hose cabinets. The Fire Inspector stated that he inforaed the officials of the North SuUurban Hospital District thathe would check with other communities concerning their contention that fire hose cabinets and sprinklering are generally noC required in hospitals. He stated that he found, upon making this check, that other hospitals in other communities do comply with the code and have Lire hose cabinets in the corridors of the hospitals and do have the basements oL- the hoapital sptinklered, contrary to the contention made Uy the officials of Yhe North Suburban Hospital District The Fire Inspector stated that Mr. Charles Johanson informed him the morning before the officials of the North Suburban Hospital District asked the Council to waive Che provision of the code, that Mr, Johanson would meet with the � Fire Inspector and with other officials oP the North Suburban Hospital District to discuss installation of the sprinkler system and the fire hose cabinets in the hospita L The City Manager stated that this is correct, and that he planned to be present at the meeting between the officials of the North Suburban Hospital District and the Fire Inspector. The City Manager stated that he did not know at the time of the special meeting that the offic�a'r_s of the North Suburban Hospital District would come to the Council Meeting and request a waiver of the code. The Fire Inspector stated that he has made periodic examinations of the construction of the hospital and had prodded the architect to provide for the installation of fire hose cabinets and fire hose connections. He stated that the architect has failed to do so, and the contractor is enclosing the fire hose standpipes in walls at the present time_ He stated that in order L �� � �Jd � to comply with the cade, it will be necessary for the contractor to tear out these wa11s and install the proper connections in the fire hose standpipes. Mayor Nee stated that the officials of the North Suburban Hospital District acknowledged that the code requires the instaZlation of fire hose standpipes and sprinklers in the basement of the hospital, but he stated that these officials contended that the code may not be sensible in this instance He stated that the officials of the North Suburban Hospital District contend that they installed many fire extinguishers in the building and, therefore they do not need further fire extinguishing equlpment. Councilman Wright stated that in addition to the fire extinguishexs, the hospital also installed , chemical fire sensors. Mayor Nee stated he wonders if this is a q�.estion of safety or a question of complying with the letter of the code. The Fire Inspector answetced that the recommendarion for the installation of fire hose cabinets and a sprinklering system is a sound recommendation. He stated that he first based his order on an ordinance permitzng the Fire Department to order in the fire protection equipment which the Fire Inspector finds necessary in a building, depending upon the use of the huilding. The Fire Inspector stated that there are two problems to providing fire protection to the building; the first problem is detecting the fire and the second problem is extinguishing the fire. He stated that the hospital has supplied the fire detection equipment but it is necessary to extinguish the fire before the danger to the occupants in the buZlding is ended. Mayor Nee stated that the officials of the North Suburban Hospital District argue that personnel will be on duty in the hospital 24 hours per day, and will take immediate action to put out a fire when the fire is detected. The Fire Inspector answered that the personnelrof the North Suburban Hospital District wi11 not necessarily be trained firemerc, and that their means of extinguishing a fire when it is detected would 6e rather limited. He stated that with the installation of hose cabinets and a sprinklering system in the basement, a fire starting in the basement would be extinguished by the sprinklering system and the employees could use the hose cabinets on the upper floors to extinguish a fire detected on the upper floors. Counr-_lman Wright asked whether the installation of fire hose cabinets in ' the stairwells wi11 reach 75' from the towers. The Fire Inspector answered that a stream of water wi11 extend 20' beyond the hose and thus it will be possible to reach any point on the floor of the hospital with the fire hose cabineis located in the towers. He stated that the fire hoses need not be installed in recessed cabinets, but could be installed in hose racks if it is the wish of the hospital district to save some money, The Fire Inspector stated that there are three stair towers and this would require the installation of three fire hose cabinets on each floor. Councilman Wright stated that he believes it would be possible for the North Suburban Hospital District to install these fire hose cabinets in the towers with small expense. The Fire Chief stated that he believes this is correct. Councilman Wright stated that it is his understanding that the archYtect ob�ected to the installation of fire hose cabinets in the corridors on the grounds that these fire hose cabinets do not look good in the corridors. The Fire Inspector stated that lt was not necessary to install these fire hose cabinets in the corridors. The Fire Chief stated that the Zayre Department Store had personnel in the store at the time the fire began in that building, but the personnel were unable to extinguish the fire in the department store. He stated that the presence of employees does not necessarily mean that a fire will be extinguished Mayor Nee stated that if the addition of fire hose cabinets and a sprinkling system to the hospital will add to the safety of the hospital, the City should require the hospital district to install this equipment. The Fire Chief stated Lhat people wondering about the validity of fire code requirements � should consult with the Fire Department. Councilman Wright and Mayor Nee stated that the officials of the North Suburban Hospital District contended they had consulted wrth the Fire Depart- ment and the Pire Department was willing to waive this regulation. The Fire Chief stated that the Fire Department is not willing to waive this portion of the code. Mayor Nee stated that the officials of the hospital district infoxmed the Council that everyone was willing to waive this proviszon of the code. He stated that they received accreditation from the American Hospital Association Accrediting Committee, and that, hence, they did not need to comply with this provision of the code. The Fire Inspector answered that the American Hospital Association Accrediting Committee does not examine the compliance of a hospital with fire codes and other City codes except to stipulate that a hospital should comply with these codes. He stated that the � `��� i Minnesota State Law reads verbatim that the fire hose cabinets and the sprinkling system must be installed in the hospital, and the hospital camzot violate the code even though the Council gives the Hospital District a waiver of this requirement. Cc+uncLlman Kirkham stated that he believed it would only be necessary for the City Manager or the Fire Chief to inform the officials of the North Suburban Hospital District thae they must comply with State Law The Fixe Chief stated that he believes this equipment will be considexably � helpful in providing fire safety to the hospital. He stated that in the United-Stated thsre is an average of one hospital fire call per day He stated that the situation could be serious if there is not a sprinkler system installed in the storage areas of the hospital, since a fire could grow quite large and spread some noxious fumes throughout the hospital before the fire is extinguished. The Fire Chief stated that the Coon Rapids Fire DeparCment has had 1D calls, which were false alarms, sent out from the detection system iustalled in the hospital in Coon Rapids, He sCated that 8 of these 10 ca11s were false alarms, and that two of the other calls occurred when the alarm was due to smoke rather than fire, and the source of the smoke was extinguished hefore Yhe Fire Department arrived. The Fire Chief stated that because of these false alarms, the City of Coon Rapids is going to require Mercy Hospital to install a fire sprinkling system in the basement to provLde quick extinguish- ment of any fires beginning in the hasement. The Fire Chief stated that the chemical detectors installed by the hospital are set off whenever a chemical is present caused by comUustion of some material. He stated that on one occasion the fire alarm was set off when a man 1it a cigar. The City Manager stated that one fire call was sent out from Mercy Hospital when a man fried bacon in one of the floor kitchens. Mayor Nee stated that he wished to express the regrets of the Council for Caking this action without consulting Che fire department Councilman � Sheridan stated that he gained the impression from the discussion held with the officials of the North Suburban Hospital Dzstrict that a11 authoraties agreed to the waiver of these codes when apparently they had not He stated that he did not wish to bypass the code if the code requirement is sensible Motion by Wright to receive and file the letter from the Fire Chief con- cerning the waiver of code for the North SuUurban Hosprtal District, to receive and file the letter from E. L. WeUer, Assistant Commissioner, State Fixe Marshall`s Office, concerning the North Subutban Hospital DLStrict, and to receive and file the minutes of the meeting between Mr A1 P�i1F�'s of So1 C. Smiley & Assoc. and the Fire Department officials of April 8, 1965. Seconded by Sheridan. Upon a voice vote, there being no nays, the motion carried unanimously, Motion by Kirkham to rescind the waiver granted by the City of Fridley to the North Suburban Hospital District of the Fire Code provisions requiring installaCion of fire hose cabinets in the North Suburban Hospital District hospital and a sprinkl�xng system in the st�rage rooms, work areas, and maintenance rooms in the basement of the North Suburban Hospital District hospital. Seconded by Sheridan. Upon a voice vote, there being no nays, the motion carried unanimously. SCHINDLER: UTILITIES � Motion by Thompson to receive and file the letCer from Mrs J�. Schindler and refer it to the City Manager for reply. Seconded by Sheridan. Upon a voice vote, there being no nays, the motion carried unanimously. BUILDING PERMITS - 5602 TO 5620 - 6TH STREET NORTHEAST - CIIRISTIANSEN; The City Manager asked the Administrative Intern iL he had forwarded the infoxmation to Tred Company concerning the repairs necessary to Uring these four duplexes up to code.- The Administrative Intern answered thatl� had forwarded this information to Mr. Yesnes. The CityAttorney stated that the action of the Couneil placed the City in a�elemma. He stated that the Council had passed a resolution describing the defects in these duplexes and �� ordering the owner to make repairs He stated that the owner wanted a permit to repair these defects, and the City would be in a weak position if it did not grant the owner a permit to make these repairs. Councilman Sheridan stated that such a permit should have a completion date specified on the pe'tmit The City Attorney stated that the City served notice upon the property owner to complete these repairs by December 20, 1965. Ae stated that after that dater the City will ask the Court to issue an order to the owner to complete these repairs by a certazn date if the owner is not seriously complying with the order of the Council. Motion by Kirkham to grant the request of Farrell Sc�oggins for a permit to , make repairs to the four duplexes located at 5600/5602, 5606/5608, 5612/5614, 5618/5620 - 6th Street Northeast as ordered by the City of Fridley. Seconded by Wright. Upon a voice vote, there being no nays, the motion carried unanimously PETITION �F36-1965 OPPOSING CONSTRUCTION OF A CROSSOVER AT THE INTERSECTION ( W�ST MOORE LAKE DRIVE AND HIGHWAY ��65: Motion by Sheri�lan to receive Petition �k36-1965 and xefer it to the Admini- stration for processing, Seconded by Wright Upon a voice vote, there bei�g no nays, the motion carried unanimously. PETITION -0� 37-1965 OPPOSING STREET IMPROVEMENT BETWEEN CAROL.D2IVE AND BAKER r.VENU� ON WEST MOORE LAKE DRIVEe Motion by Sheridan to receive Petition -0k37-1965 and refer it to the Admini- stration for processing. Seconded by Wright. Upon a voice vote, there being no nays, the motion catried unanimously. PETITION �k38-1965 ASPHALT PAVING. CEMENT CURB AND GUTTER AND STORM SEWER ON I.AFAYETTE STREET NORTHEAST FROM EAST RIVER ROAD TO BROAD STREET NORTHEAST: Motion by Sheridan to receive Petition ��38-1965 and refer it to the Admini- stration for processing, Seconded by Tn�ri�ht. Upon a voice vote, there being no nays, the motion carried unanimously. � PETITION �r`39-1965 OPPOSING IMPROVEMENT OF 66� AVENUE FROM THE ALLEY BETWEEN FRIDLEY S'TR�ET AND MCKINLEY STREET: Motion by Sheridan to receiee Petition �k39-1965 and refer it to the Admini- stration for processing. Seconded by Wright. Upon a voice vote, there being no nays, the motion carried unanimously. BUILDING PERMIT - 3737 MARSHALL STREET NORTHEAST - PLYWOOD MINNESOTA COMPANY; The City Manager stated that the Council received the reports of the Buildtng Inspector and the Fire Inspector concerning repairs that must be made in the temporary building constructed by the Plywood Minnesota Company in order to bring this building into compliance with the code. He stated that the Council also wished to know how long this building would be in use. He stated that the Building Inspector says that Plywood Minnesota Company wants to use this building for two years. He stated that apparently the Fire Inspector is not concerned about the length of time this building wi11 be in use since the Plywood Minnesota Company has a good record of housekeeping on its premises. Motion by Kirkham to grant a temporary permit to Minnesota Plywood Company to occupy the temporary building until December 31, 1967. Seconded by Wright. Upon a voice vote, there being no nays, the motion carried unanimously. LOTS SPLIT - iF65-16 - ALLEN JENSEN (TABT,ED 12/6/65): The City Manager explained the request of Allen .Tensen for a Lot Sp1it to the Council and informed the Council that they will have the opportunity to act upon the street vacation request after holding a Public Hearing upon the street vacation. Councilman Wright asked how close the Lot Split line will come to the existing house. Councilman KLrkham replied that Mr. Jensen has a great deal of space between his house and the T,ot Split line. Councilman Sheridan pointed out that Mr. Jensen plans to use two 44' lots and a vacated street in order to split the lots and create two 60' lots. Motion Uy Kirkham to grant the request of Allen Jensen for a split of the north 17 feet of Lot b, Block 25, Hyde Park Additiun, Lot Split �k65-16. ' �. Seconded by Shen dan. Upon a voice vote, there being no nays, the motion carried unanimously. RESOLUfION 4F209-1965 AUTHORIZING THE EXECUTION OP THE �ASEMENT AGREEMENT AND THE PERMIT AGREEMENT IN CONNECTION WITH THE RIGHT TO ACQIIIRE AN EASEMENT THE MINNEAPOLIS The City Atto�ney stated that he has not yet received a report from the � Cocmnissioners concerning the value of the easement across the property of Food Machinery Gorporation. He stated that the City does not oUtain an easement across the land of a railroad, but obtains a permit from the rail- road to cross the right-of-way. He stated that in this case the City will need to obtain an easement because the Food Machinery Corporation owns the underlying fee on the right-of-way of the Anoka and Cayuna Range Railroad The City Attorney stated that before FMC can approve the request of the City for a pexmit to begin construction pending a settlement of the condemnation it wi11 be necessary for the home office oi Food Machinery Corporation to approve the easement, The City Attorney stated that when the City receives the permlt, the City wi11 be able to begin construction pending the award of the amount of condemnation to the Food Machinery Corporation The City Manager stated that the cost of the permit would be $10 according to the agreemenC drawn betWeen the City of Fridley and the Food Machinery Corporation for a peimit. � � �� Motion by Wright to adopt Resolution 46209-1965 authorizing the execution of- the easement agreement and the permiC agreement in connection with the right to acquixe an easement and permrt far the otinstruction of stosm sewer pro�ect �k12 into and through the grcunds of the Minneapolis, Anoka and Cayuna Range Railroad eompany and the Food Machinery Corporation in accordance with the recamnendation of the City Attorney Seconded Uy Sheridan IIpon a voice vote, there being no nays, the motion carried unanimu+�sly COMMUNICATION CITY OF COLUMBIA ��IGHTS, MALCOLM 0 WATSON: The City Manager stated that he did not know whether the Council wanted to take any action upon this communication. He stated that the City Attorney of volumhia Heights recommended to the Council of Columbia Heights that the resolation �y the City of Fridley was merely a gentleman's agreement concerning the Sullivan Lake Outfall, and the City of Columbia fteaghts should not deliver the escrow agreement to F'ridley until the City of Fridley agrees to a con- struction and +naintenance program for the Sullivan Lake outfall The City Manager stated that Mr. Watson would bring this matter to the attention of the Council of Columbia Heights tonight and request them to deliver the executed escrow agreement to the City of Fridley, before the agreement of maint..n;n+�e for the storm sewer outlet o£ Sullivan Lake is completed. The Council took no action upon this matter YbLSMll - aJtCL HVi'.NU� LVVt(1t1CHJ1 HNll HIC1riU1G J11C��1 DING FROM 803 - 40TH AVENiTE NORTHEAST ZN THE CITY OF COLUMBIA HEIGHTS 7NT0 THE CITY OF FFtTDLEY: Councilman Sheridan stated that he received a complaint from a resident concerning the application of the property owner to move this house upon 1Ris property. He stated that an examination of the house showed that the house was approximately 40 years old and not in good condition Councilman Kirkham stated that if a man were to examine the house now situated at 803 40th Avenue in Columbia Heights he would probaUly decide that the house should not be moved Lnto the City of Pridley, but if he examines the present residence of the owner upon the lot at 6:lyd and Arthur he would probahly decide that the house should be moved into the City of I'ridley, since it would be a definite impiovement to this property FIe stated that the present property owner is living in a remodeled garage, and while this house is not good, it would be a considerable improvement over his preseut residence. Mr. Tonco was present at the Council Meeting He stated that he had examined the house and the lot, and he believes the aesthetics would not Ue substan- tially affected if this house were moved to this property He stated that he did not believe it would improve the neighborhood, but he does not believe � �� it would harm the aesthetics of the neighborhood either. He stated that the members of the Building Board would examine this further before the next mee[ing of the Building �oard, and act upon it at that time. Mr. Tonco stated that he believes the house is vacant in Columbia He�ghts, because it has been condemned by the City of Columbia Heights. Councllman Kirkham stated that there is not much that can be built upon a 40 foot 1ot of any great valae. He stated that if this building is painted, and brought up Lo code as the owner has agread to do, moving this structure onto the lot will be an improvement to the property. The Council took no action upon thxs matter. RECONSIDERATION OF ORDINANCE ��317 (TAbLED 12/6/65): Motion by Kirkham to adopt Ordinance ik317 and authorize the City to enrer into a contract with American PLpe Servzces and Soil Solidifiers for cleanup of the debris in the sanitary sewer system and the stoxm sewex system in the City of Fridley. Seconded by Wright. Upon a roll call vote, there being no nays, the motion carried unanimously. THE GREAT NORTHERN The Crty Attorney stated that except for paragraph 8 of this agreement to obtain a permit, the agreement appeared to be a11 right. He stated that the Northean Pacific and Great Northern Railways are charging $570 for the permit. Paragraph 8 requires that the City agree to waive all future tax assessments for storm sewer against all railroad property in the City of Fridley. The City Attorney stated that he b� ieves it might be we11 to inform the rail- road the C�ty wants a letter saying that the railroad construes this to mean that railroad property will not be assessed for stoxm sewer construction, if there is no benefit to the railroad property. Mr. Comstock stated that he began negotiations with the railroad in August of 1965 and was promised the pexmit from the railroad by September of 1965. He stated that he was unable to obtain the permit until December 11, 1965. He stated that the r ailroad, especially the Great Northern, the Northern Pacific, and the Soo Line, are particularly difficult to deal with. He stated that another provision which railroads like to include in a permit for crossing the railroad right-of-way is an option to connect to this sewer line and use it at their own need. Mr. Comstock stated that he informed the railroad representatives that the recourse of the City is condemnation of the railway crossing. He stated that the railway also informed him that they would fight such a condemnation in court and delay the c�eossing by as much as six months by doing so. He stated that the railroad officials informed him that they have the right of eminent domain upon the railroad right-of-way, and that they believe they can show in court that their right to the eminent domain is better than the City's right to eminent domain. Mr. Comstock stated that the railroads plan to build a facility for piggy-backing truck trailors in the City of Fridley in the future, and this is some concern to them itt connection with the constructlon of the storm sewer line across the railroad property Councilman Wright stated that he believes the idea of the City Attorney to obtain a letter from the railroad stating that their requirement that the permitee waive future and present storm sewer assessments be a waiver on the grounds that taxes will not be levied against the property unless the property benefits. The City Attorney stated that the Crty of Luverne took a condemnation case against the railroad to the court and the court ruled that the railroad could be assessed Eor construction of storm sewer facilities benefitting the ratlroad property. The City Attorney stated that he is not sure how the �udges will ru1e on such a case in Anoka County. Mayor Nee stated that he favors initiating condemnation proceedings at the present time in order to make it easier to deal with the railroads, Mayor Nee stated that he does not believe the railroads can stop the Minnesota Highway Department, the City of Columbia Heights, and the City of Fridley from running a pipe underneath the railroad right-of-way. Mr. Comstock stated that the railroads would be prepared to argue in court who makes the best use of the property. Mayor Nee stated that running a pipe under the railroad tsack does not interfere with the railroads' use of the property, it does not interfere with the railroads` use of the right-of-way, nor does it halt train traffic. He stated that this is not taking land away from the railroads, it is merely crossing the railroad tracks as necessary. He stated that he believes the Council could as well authorize condemnation of the crossing. � � 1 r� a� e� � The City Attorney suggested that the Council approve a resolution, which he w111 draft, authorizing the Mayor and the City Manager to execute an sgreement for a permit•with Section 8 of the present pe�it removed, or if the City Ls not able to obtain a satisfactory permit agreement with the railroads, to authorize the City Attorney to condemn the crossing of the railroad tracks. Motion �y Wright to adopt Resolution ��210-1965, a Resolution to be drafted 6y the City Attorney authorizing the Citp to enter into a contract with the Northern Pacific Railroad and the Great Northern Railroad for a permit to cxoss the xailroad right-of-way to permit constxuction of the SS��12 outiall � wrth the exclusion of ieem 8 in the permit delivered by the railroads Co the City which sha11 be deleted, and further authorizing condemnation proceedings for a crossing of Che railroad right-of-way if negotiations to obtain a permit to cross the railroad right-of-way are not �u��cessful within a reasonable time. Seconded by Sheridan. Upon a voice vote, there being no nays, the motion carried unanimously ADJOURNMENT: There being no further business, Mayor Nee declared the Special Council Meeting of Dec�mber 13, 1965 ad�ourned at 10;57 P.M. Respectfully submitted, �,_�1,�,���z�,� ,`�� ������ , , Raymond E. Bade William J. N` Secretary to the Council MAYOR � — THE MINUTES OF THE REGULAR COUNCIL MEETING OF DECEMBER 20, 1965 A regular Meeting of the Council of the City of Fridley was called to order by Mayor Nee at 8;0$ P.M. ROLZ CALL Memhers Present; Nee, Kirkham, Sherldan, Wright, Thomgson (arrived at 8;10 P.M ) Members Absent; None APPROVAL OF MINUTES - REGULAR COUNCIL MEETING - DECEMBER 6, 1965: Motion by Kirkham to adopt as submitted the minutes oY the Regular Council Meeting of December b, 19b5. Seconded by Sheridan, Upon a voice vote, there being no nays, the motion carried unanimously PUSLIC HEARINGS ON FINAL PLAT - COMMERCE PARK: The City Manager read the Notice of Hearing. The City Engineer distributed copies of the final plat and copies of a drawing showing the suggestions � made by the Planning Consultant relative to this property Mayor Nee asked Mr. Hafner why he wan.ts 100 foot lots on the plat. Mr. Hafner answered that the 100 foot lot size is a miniwum size, and a purchaser can buy more Lhan one lot if he wants more land. He stated that he has inquiries from three persons who want to buy land in Copanerce Park. Councilman Wright stated that he believes the question of rezoning this property is relevant to discussion of the p1aC, since it would affect the design of the plat The City Engineer stated that the Planning Consultant wanted a commercial area on the north end of this property and an industrial area on the southern part of the property. Councilman Sheridan asked Mr Hafner, whether he plans to make the immediate use of this land industrial or commercial. Mr. Hafner answered that he plans to make immediate use of the land as mmm��c���. praperty.