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06/06/1966 - 00021459��ti S/23/66 Mayor Kirkham asked i£ this had been earmarked for anything special when the C�uncil had decieled to sell it. The City Manager said there had be�n nothing definite� but the rarks had been discussed. Councilman Samuelson suggested that the eheck be deposited in trust until the fl�ll Council eould discuss it� perhaps with the Park Board. The City Flnance Director sai_d that he would put the money in a special fund for parks until such time as the Council decides, VISITOR DISCUSSFS WEEDS. RAILROAD Y6RDS AND INTERSECSIONS; � Mr. Frank Liebl� 222 Mercury Drive, said that Sylvan Hills has about 15 empty lots ann the neighbars are all complaining aUout the weeds. He said that the present ordinance was net adequate, and asked if the Council has amended the ordinance to take care of this problem. Councilman Samuelson pointed out that noxioua weeds were the only ones the �ouncil can control. Mr. Liebl said that the City nee�ls a solution to this problem. He said that the people in Sy1van Hills are also concerned that the railroad is going to try to move their railroad yards toward Sylvan Aills, He stated ihat he also wanted to verify that tra£fic will not be running right through Sylvan Hi11s� as that is the understanding many peopl� have received from reading the newspaper. Councilman Samuelson said that Sylvan Hil1s will remain strictl;� residential. Mr. Liebl said that the slip on and slip aff rzmp that Councilman Harris had suggested was a good suggestion. � ADJdURN%1ENT : There being nm flirther business� Mayor Kirkham declared the Sp�cial Cow2cil Meeting mf May 23� 1966� adjourned at 9:55 P.N3. Respectflzlly submitted� � y� , i , �<<- �-�, � ,�-�_ �� � u ��J / /Li �r Mary Lu Strom Acting Secretary to the Council �� � I' ��; f� /{ �`� , � �<< Jack 0. Kirkham � MAYOR TH�, MINUTES OF THE Rn.GULAR COUNCIL P�PETING OF JUNE 6a 1966 The Regular Meeting of the City Council o£ the City of Fridley was ca�led to ordsr by Mayor Kirkham at 8:05 P.M. RO�L CALL MEME3ERS PRFSENT: Harris� Sheridan, Wright, Samuelson, Kirkham MEMHERS AF3SENT; None APPROVAL DF MINUTES, RE;GVLAR COUNCIL MEETING Or^ MAY 16, 1966: M6ITION by Councilman IIarrie to adopt the Minutes oi thu Regular Council Meetinf oF May 16� 1966 as submitted. Seconded by Councilman Harria. Upon a voice vmte� there being no nays� Mayar Kirkham declared the motic�n carriad. APPROVAL OF PffNUTES, SPECIAL CDUNCIL MCIiTING OF MAY 23, 1966: � MQTION by Councilman Harris to adopt the Minutes of the Special Council Meeting e£ May 23� 1966 as submitted. Seconded by Councilman Samuelson. Upon a voice vote� there being no nays� Mayor Kirkham declared the motion carried. HIRING OF 1NSURANCE CONSULTANT (TABLED 5/16/66): Mr. Aavid A. Fruen� representative of the Bachman-.^,n�erson, Inc. sias present at the Council Meeting. The William Peet Cornpany was nmt represented, Mr. �'ruen said that the firm of Bachman-Anderson had just completed a eurv�f-, £or St. Anthony and they had been �ery happq with tha �isr°� ofEBachman Ande;son. and h� Imex they would be verT happy to giva them a good recommendaiion, He said that the headline in their newsnaper had been about their auCee�s. Mayor Kirkhan asked Mr. Fruen to tell the �ouncil junt what their Sirm would do for Fridley. Mr. �uen explained that they would make an audit o£ the �,��6 6/G/66 existing policias, including property, equipment and �ixtures and bring the values up to date. They would renie� the e��sures the City faces� and he said this was one area that needed a qualified ineurance expert�s approach� espec�t111y with the new law tha{, makea the City L3able. Their aervices would ��f�clude the development of a suggested pregram, and in addition they xould draw up bid specifications on an equitabla basia, and if the Citp wished, analyze the bids when the did come in. Mayor Kirkham asked if Baahman- Analersony Inc, would be eligible for bidding� and Mr. Fruen answered that as cmnsultants, they rrou].d Mot bid. Councilman Samuelson asked Mr, Fruen how large the counaeling staff of his campanp was. Mr. Fruen said there was an underwritin� staF£ of 8 people, and with clerical and the salesmen} there were 29 oPfice pec>ple. Councilman Wright asked Mr. Fruen i£ he was aware of ' the marked discrepamcJ in the estimated quotatione from the two coaipanies interestad in this propesal. Mr. Fruen said that he was not� but he would assume that Bachman-�nderson's would be the lower as their company is mainly an agency� and not strictly consultants, so they are not dependent upon this for their incc+me. Ceuncilman Wright asked if they were also diaqualified as bidding agents in St. Anthony. Mr. Fruen said that this was correct, as they did not feel it xould be right to bid on epaciPications that they have set up. Councilman Samuelson asked if there had been an incraased savings in St. Anthony. Mr, Fruen sai� there had been increased eoverage ani the premiums had been decreased about �0�. Councilman Samuelson asked what theiz annual premium had been before and after the survey. Mr. Fruen said that the premium had been $25�000 annually and after the survey� it was $17y000. Cauncilman Samuelson asked how many bidders had bid on the program and Mr. Fruen answered, probably not quite 10. Councilman Sheridan asked if the bidding had been on the complete program, or on segmenta. Mr, Fruen said that some companies hai bid on the complete program anel others had not� and they ended up with threa policies, one that cavered all property and liability except f�r liquor liability wttich remained separate� and Workman's Cotrtpensation wkaich remains separate. Mayor Kirkham �sked if the savings effected were due to over lapping and double c�verags, or to competitive bidding. Mr. Fruen said a eertain amaunt was overlapping, but probably the competitive bidding more so. Council- man Harris asked i£ their company had found frrna past experience that the savings e£fected xould ceaver the cest of the survey, Mr. Fruen said that thsy tIg.YG generally lewered tho cost� and over a£ive or sia[ year period almoat all of them� as he remembered� had ione so� but he could not tell the �ouncil ' they wmuld lc�rrer their cest, as he di�d not know the City's pr�gram or what kind mf insuranee was carrisi, Mayor Kirkham asked 1f Mr. Peet of a representative of his company were present and there was no answer. MOTI(TN by Counc3lman Hzrris that ti�e CQUncil comtract with the firm �F Bachman-anderson� Ine, according to the outline in their letter, for a rev3ex o£ the City�s insurance policies� and for the setting up of a program fur c.ompet3tive bidding, and an analysis upon the completion ot the biddin�. Seconded by Councilman 8heri�dan. Councilr.ian W�ght sa3d that he thought the Council had discussed having an smalysis made and a recommendation given to the Council, and then the C�uncil would decide if they xanted to set this up on a bid basis. He amended the motion to read that the City would employ Bachwan-Anderson, Ine,, as per terms in their letter� ta make an analysie and recormnendation fmr inaurance cuverage uid future insurance planning and acquisition. Seconded by Councilman Samuelsmn. VOTE on the am�ndmznt: Upon a voice v�te, there being no nays, Mayor Kirki�m decLared the mmtion carried. VOTE on the Motion: Upom a vmice vote, there being no nays� Mayor Kirkham , declared the motion carri�d. CQNSIDERATION OF ORDERING IMPROPEI�]T - ST, 196b 1(STORM SEWER PDRTION)s Mayor Kirkham atated that after the public hearing at the last meeting� the Council knows the way the general publie wants the preject to go. It was brought up that the petitions against the project outWeighad� ➢nZr far� the niunber of pesple for the project. MOPIDN by Covncilman Samuelson that the City no order in the storm aewer portion of St. 1966-1. Secmnded by Councilman Harris. Upon a veice note, Councilman Wright voting nay� Mayor Kirkham deolared the �otion carried. ��� b%b/66 MOTION by Councilman Samuelsan to rescind Res•lutinn #7�-19� �ich ordered the improvement and final plans and specii'ications and eatimates ef costs tharesP for Street Improvement Project St. 1966�1, on Hick�rg Drive. Secunded by Councilman Harris. Upon a voice vote, there being n� nays, Mayor Kirkham declared the moti�n carried. SECOND READING OF ORDINANCE AMENDING CHAPTER 56,02 (2): May�r Kirkham asked if there were any repsesentatives o£ the Nurclquist Sign Conpasy, Iac., Brede� Inc,, �r Naegele Outdoor Advertising C�mpany, Inc., present at the Council Meeting. There was no answer. He stated that as long � as none of the sign experta are at the meeting, 3s' the Council zgreee� they �+ill pass this item until such time as the e�cperts are at the meeting. LITTLE LEAGUE REX�UEST (TABLED 5/16/66)s Mayor Kirkhant aaked the representative of the Little League if they had gone over the proposed lease. The representative said that they had done so an�3 had no questions on the lease itself which was fine, but that the money xas the only thing atanding in the xay. He stated that in every vther suburb that they knoW of, not ene of them chsrges the Little League for using City property� and he mentioned the suburba of Brooklyn Center whicl� paye $1, Crystal� Robbinsdale� Golden Valley� Minnetonkz, and Richfie��i. He said that the estimated cost o£ a ball diamand is �5�000, so the Little League xould be making an investment of $15�000 for three diamonda. He said that the $700 figure that has been menticmed is about Sr?�at it wauld cosi for one additional league. He a7.3o mentioned that the Parks and Recreation Depart- ment Trill. be allosred to use the facilities at no cost. The reprea�ntative told the Cpuncil that Minnetonka had figured the cost out� and had found that it weuld crost them $20,000 to pat on the same program as tha Little League was doing. Councilman Harris asked what provisiona Kould be maie� so that boys would not be chasing balls into the streeta. The representative explained that all three fields wovld be fenced. The �ouncil discussed the poimts that this will � net be takins any property away frmm City parks if an agreement is entered int�a in fnct it will be a park� znd that this will zu�ment the City program. �� �R�; MOTTON by Cmuneilmu Harria that the Council enter into an agreement with the Fridley Little League at a figure ef $1 z year, Secended by Councilman Sheridan. Councilman Harria stated that he felt the Council could justify this to the people as tiie Little League is very conscientious in providing for boys. Councilman Samuelson pointeal out that the figur� is not nn additional axpenditure for the City� as the Gity is ebligated for this money already under the i3tilities FUni. The City Attarney poixted out that the law is that iF the City is to lease land it has to be fmr z reasonable swn, an� the Council wi11 have t� conclude that $1 is a reasonable sum with the facts invclved. Councilman Wright stated that he did not feel it was fair tm tl-,e P�rks and Racreation Department to say tm th�m that the operation mf the Little League has t� come out of their budget, He stated that he feels both are compatible ani not cempetitive� but he felt it tras easantial that the Council does not encumber them with this anount so that they have less money to w�rk with becauae the Council ehess to take a loss. He state�l he thought the motion could stipulate that the money zras not ts come out a£ the Yarks and Recreation 1�udget but either from the General Funda or next years budget to at least cover the coet of interest to the Citp by the annual figure oi $700, � Councilman Harris said that hia motion did not mean that the Parks and Reeroation budget would be reduced, but this amount is presently being �aid for by the Water a�d Uti�ity £und� and he meant this te be continuel. IIPON a voive vote� there being no nays� Mayor Kirlcham declared the m4tion carried. LIBRARY SPACE R�ITAL (TAHI,!�,D 5/16/66) : The City MAnager stated that he understood Mr. Brunkow was goin� to aubmit a proposal to the Council £or Library space, through conversations rrith him during the past two wesks, but he had not received a propvsal in writing. Mayor Kirkham pointed out tu the Council that two prop�sats hQVe been received� one fr�m the Erickaon Petroleun Corp.� and on� from Moon Pla2:a, �{�� 5/b/66 The Council looked zt a plan o£ the proposed locatimn of a library in the Holida� Villa�e NoTth. MOTION by Councilman Wright that the City af FridZep contract a lease Hi.th Erick�on Petrmleum Corporation for approx3mately 2,260 square feet sf library space at a monthl;� rentgl Pee of �250 for a perioci of f3ve years, with the understanding t,hat the Erickson Petrmleum Corpmratimn provide heating� signing provisi_cnns and downstairs disglay space. Seconded by Councilmxn Esrris. Covncilman Samcielson sazd he would like t� know if the librarian had approved this plan. Councilman Wrag�yt said he had diecussed this irith Mrs. Hughes and ' it was satisFactor�� and if the Csunty decided to take over the library with neW funds, the City coula get out a£ the lease, Councilman Harrie explained to the public that they wc�u2d receive ten times the space f�r tiriee the amount of money. Upon A Y�1C0 vote, there being no nays, Mayor Kirkham declared the motion carricd. SPLIT REQUEST #66-07 - Lot 5 AUJCK 1� SLWELL�S RIVERSIDE iIEIGHTS Tha City Manager saad that he had not had time to make the trip to St. Paul ir� refernnce to tkiis let split. The City Lngineer �aid that there crere other pointr the Council coulo look at before St. Paul had t� be contracted. He showed the Council an aerial map ef this property. The Council discussed the possibility of anymne else wantine a lot split in the fl�ture, fliture access, and the possihility of an access easemexit �^e�pravi�e a.creek d�csssing fmr children wzlkixag to schooi. 'i�he �ouncil felt this could be work�ed e�ttt. MOTIOM by Gouncilman Harris �o grant Lot Split #66-07 t� A1 Forsythe & Sons� for the soutla portimn of Lot 5� Block 1� Elwell�s RiversSde Heighta. Seconded by Councllman Samuelscan. Upon a voice vote, thdre being no nays, Maye�r Kirkham declared the moti�n earried. REPORT ON PUBLIC EXAMINER�S REPORT (TASL� 5/16/66): , The C3ty Attorney said that each member of the Council has a copy �£ the report, and if they wish to read through it� he would try to ansu¢r any questions. MOTIDN by Counci7man Wri�ht to rcceive the Public E�caminers report and the memorandum from the City Attornep pertaining to the Public Examiner�s report. Seconded by Councilman Sheridan. The City Attorney pointed out that this Xould require x Counail policy on how they wished to handle this. Councilman Sam¢elson asked the City Manager what pY$vate organizations used the City Ha32 �r eq,ti�ipmet�t. The CitT Manager listed some of the organizations that have requested the uae of ths hall arid said that the use of the mackaines has been �ery mini�al, and th• use of the h211 very extensive. Councilman Wright suggested that since the recent actions •f the Council have been tm rent the quonset Lut for $1 a year, and land to the Little League for $1, perhaps the Council policy could be a£lat $1 for everq use of every piece of equipment by the public� except foY polztical issues. Councilman Harris felt that the address�graph should nmt be used by anymne, and any use other than by the City is misuse and shouli not be condoned. He said that when yeu make a c�py oi somethin� on a machine, ;rcu take out the same thing you brought in, but with the addresaegraph you are nsing a service and take out someth3ng you did not ceme in with, He st:�ted that the opinions had been asked for because o£ the Addressagraph� and the5 shc,uld make sure it is fmr the Gityts use an� Mo one else�s. Coun�ilman , Wright said he £elt it wae reasmnable ta eliminate tt�e addressegraph and he wac in agreement. The �ity Manager said� that fsr himsel£� hc coulci see no use for any char6ea, znd no matter what a party may say, it could be eon�idered £or some to be politacal. He stated he would like to s ee a hard and fast rule� preferably no use of the rr�chines �y anyone, and a£ee for City Hall. Councilman Sheridan suggested they act an the motion to reeaive the reports and then discusa it Further. Upon a voice vote� there being na nsys� Mayor Kirkham declared the motion carried. ��� 6/16/66 MOTION by Councilawn Wright that no organization be permitted to use City office equipment� supplies� addressograph� City Hall space and facilities therein without apeci£ic germission from the Council. I�r. Frank Liebl, 222 Mercury Dx7ve� addrevsed the Council and said he felt this was ridiculouu� as the people wanted a new City Hall they can have meetings in. Councilman Wright said he would amend Ais motian to pertain to the present City Aall. Mayor Kirkham said that he felt iY the Council wa.s making a declaien� it� should be one that will pertain te the future as well. Councilman Flright $aid theg would have t� wait and see rihat the new City Hall has to o£fer. � Councilmsn Ssmuelson asked if tha decision o£ who caulcl use the hall could be given to the City Manager. Councilman Wright said that this uould put thc City Manager on the spot, and if the hall could be nsed any t3me it was £ree, people would be asking to u,e it in odd hours and perhaps £or church Sunday morning�. The Citp Menager said that some oP the •rganizations who use the City Ha71 the most could be schedvled further ahead so it could be brought before the Cmuncil. He als• mentianed that he preferred that the chairs not be taken eut� as they have trir.d a$5 deposit and the p�r�ple would return the chairs on weekends, and they could not be counted right away, plus the fact th8t the people have just come in and taken chairs. It was suggested that the City Manager could be � vem the discretimn mf either saying yes 0r no mr consulting the Council. Mayor Kirkham said he felt this waa an administrative thing� and after the reports receivcd, together witt� the suggestions aP the Council tomte, the City Manager could decide what is in keeping with their wishes. The City Manager said ttiat all the regart says ia that they should charge� znd he vould like the Council to give him some guidelines on the use of City Hall, Councilman Sheridan said that some years ago� it was set up so that one member of the Council was actually responsible for a given group using City Hall on a given date, lt was felt i£ a Council recc,mmended a certain group� he wauld lmow whe would be responsibl� for damage, Councilman Harr3a said he thought this was a good idea� but that i1, had not been conveyed to the nerr Council Members� and wondered 3f this was lack o£ c�mmunication. � Councilman Sheridan said that this had come up ai.s ar seven yeara ago, and the subject had not been brought up in years� MOTION by CmunciZman Wr3ght to table this item until the neacl, meeting so that the City Attorney and C3ty Manager can discuss this and rep�rt tm the Council recommending a policy that is legal and xorkable. 5econded by Councilman Harr3s. Upon a voice vete� there being no nays, Mayor Kirkham declared the motion carried. APPLICATION FOR SIGN PERMIT - S69S HACKMANN PURE OIL COMPANY (TkBLED S/16/66): A representative of the Pure Oil Company explained the sign they wauld like to put up. He explained that bacausa the non-access roads have acquired a coneiderable amount •t right-of-way� the signs cannot be right on the access� and the traveling publie cannot see the si�n unless it is of a high rise size. The siae they wovld like would be 50� high to be e£fective from the interstate Highxay. It xould be plexiglasa, not £lashinga double faced, Its four individual letters uould be 5x7 aount�d on a crossbar fer readability because •f the distance. Councilman 5heridan poinLed out that the sign �rdinance be£ore the Council f.r second reading is trying to upgrade the s3ze o£ signa at certain locations,, and the figurc discussed was 100 squars feet, and thia sign is 1l�0 squaro feet. Councilman Wrighi. said that as one Councilman� he kaex the location and the strncture and had no opposition there, but he appasei the idea a£ Fridley's skyline being composed af oil signs sticking up, The City flttorney said that� as a resident, he would object to the height � an thp neighborhood as it would ruin the vieW. The representat3ce pointed out that this might be better than in the windows of people� and that smaller letters would not be visible. He referred to the letter the Council had recelved fre�a the Nordquist Sign Company stating they felt 100� limit on signs was too small. Mayor Kirkham said that there must be some £ormula they could use to l�wer and make smaller sa that the irhmle thing cc+mes into proportien. The representative said that by using a crane they had found that 60� would give a clear view from the underpass. Mayor Rirkham suggested that the Council listen t� the suggestivns oF the Association af Outdoor Advertising beFore they decide, MOTION by Councilman Harris that tMis sign application fr�m the Pure Oil Company be tabled until the Council has an oppertunity to talk to the Outdoor Advertising �ompanies and decides what size and height signs are to be erected in Fridlny� Seconded by �oune3lman Samuelson, ilpon a voice votea there being no nays� Mayor Kirkham declared the motion carried« ��� 6/6/66 SECOND REA➢ING OF OHDINANCE AMENDING CHAPTER 56.02 None of the sign ct+mpanies that were going to discuss thia �rdinance with the Council were present at the meeting. MOTION by Councilman Sheridan te� table the second reading of an ordinance amending Chapter 56.02 (2) vntil the next regular Council Meeting oY June 20, 1966. Seconded by Councilman Samuelson. Upon a voice votey there being no t�ays� Mayor Kirkham declared the motion carried. CIVIC CF�ITER SITE OFFER (TAHLED 5/16/66)s The City Manager pointed out that the Planning Coy�SSion reco:mnended the Council net consider City Hall development in the Cornmerce Park area. M�TIQN hy Cauncil.man �nrraght that the Council concur �erith the recommendati�n o£ the Planning �ommission� express appreciation to Mr. Hafner for his kind ofi`er and gratefully decline the offer ior r�location �f City Hall in Commerce Park. Seconded hy Councilman Sheridan. Upon a v�ice vote� there oeing no nays� Mayor Kirkham declared the motion carried. Maqor Kirkhan read the Planning Commi�sion�s motion and Mr. Bergman's opinion tp the public. Mr. William Toncm asked if any decision had been made by the Council on the location mf the City Ha11. Maymr Kirkham said that a unu�imaus decision at an unof£icial meeting had been made some time ago. Mr. Tonco said that there had been a lot of talk and it is time the City Council reall,y chose a site and said this ia it. He pointed out that bt+ildin� costs aro going up� and have already increaded 9�. SECOND READIAIG OF ORDINAIVCE #340 - AN ORDINANCE TO AMEND THE CITY CODE OF THE �7mv n� �aTnT.�v arrnreT�enTe nv nrtaurntr_ n ruersr� Tnr �rmrTUr nTemuTr!mc. MUTION by Councilman Samuelsoa te waive the reading, and adapt Ordinance #31�o amending the City Code rezaning Lot 10� Blsck 4� Spring Brook Park (M-1 to R-?A) and Publiah. Seconded by Councilman Harris. Upon a voice v�te, there bc:ing no nays, Mayor Kirkham declared the motion carried. � APPLICATION FC1R SIGN PERMIT � 7365 �1ST RIVER ROAD SUPERIOR OIL {TABLED 5/16/66)� MOTION by Councilman Sheridan to table this application until the next meetin�. Secanded by Councilman 3amuelsen. Upon a voice vote� the motion carried. FIRST Rr,ADING OF ORDINANCE REG[7LATING WATER SOFTF.NER INSTALLATION: Counci]man Harris said he thought the Plumbina Enspector was to be at the meeting to explain crhy tha ordinance was being drawn up. The City Manager explained that the ordinance has been reworded, as it appeared at £irst that the permit had f,a 3�e renewed each year. The City Attorney said that the Plumbing Inspector felt that unqualified people kere installitig these davices� cutting anto the plumbin� system and not adequately redoing the connections. This would eliminate the people with no pliunbing experienc�. Gouncilman Harris pointed out that the home awner can install it� and th3s could be any friend of the home owner prabably� and this will take away any coni.rol the Coiincil has. The City Attorney said that he did not know how ha ni this would be to administer. MOTION by Councilman Harris to waive the reading� and adopt this ordinance upon first reading. Seconded by Councilman Samuelson. Upon a voic� vote� there being no nays, Mayor Kirkham declared the motion carried. APP03NTMIId^t:� CounciZman Harris said that he had talked to a number of people and has found that this gentleman� Clarence J, Belisla� is a very capable person and would be a credii to the City. MOTION by Councilman Harris to appreve the £ollowing appointment: NAME Pfl5ITI0N Qlarence J, Belisle Bui din� 509 Mississippi 5treet N.E. Inspecter Fridle,p, Minnesota s5�21 5AI,4�RY $6$0.0� REPLACES Allen Jensmn Second�d by Cmuncilman Samueison. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. BOARD OF APPEAIS MEETING MINUTES - MAY 2S, L5*66: � � l�' ` � 6/6/Gb The Cit� Manager read the motion by the Board of Appeals recommending that the variance be grantei. C�uncilman Harris asked what type oY back yard this lot will have� as it appears unbuildable. Mr. Shav said that this xi11 be his awn home, he showed the CounciZ a plan and e�cplained how he will do it, MOTIOY by Councilman Harris that the Council concur with the recommendation of the Beard �f Appeals� and grant the variance as requested. Seconded by Covncilman Harris. Upon a voice vote� there being no nays, May�r Kirkham declared the motion carried. BUILD_IN(3 BOARD MEETING MINUTES - MAY 25, 1966: �f�V,�G NORTHr,AST� FRIDLEY� M1NN�;S(7TAx The City Manager ehowed the plan ior the garages to the Council. Councilman Samuel��n explained th� action di the Building Board and their recouunendation £or appr�val. The Counci.l discuased a future road and whether there would be room for it� and the finish oY the exteriors of the garages. MOTION by Councilman i+fright to concur with the recon¢nendation of the Suilding Boari and grant the permit yrith the stipulation that the south end face ia te be brick� and the narth and east walle (al1 expmsed conax�ate block) to be decorated block� stucco or brick. Seconded by Councilman Harris. Upon a voice v�te� there being no nays� Mapor Kirkham declared the motion carried� Later in the meeting applicant Mr. Steve Hasrrysh was present and discussed � this ilirther with the Council. He pointed oat that to match the expensive brick he had used would be pTOhibitiva as the price of brick has gone up, and he could match the coZor e£ the stuceo to the brick instead. Councilman Harris asked 1£ it oould be brick part way up as nothing looks xorae than wet stucco. Mr, Hawrysh said that this would not solve the problem� and that he has a blacktop surFace, Mayor Kirkham said he thought the garages were a bid improvement. M01'i0N by Councilman Wright to recon�ider his previous motion and amend it deleting the xords "south end £ace is to be brick'� arid replace it with nsouth end face is te be stucco". Seconded by Councilman Samuelson. Upon a veice vote� there being no nays� Mayor Kirkham declared the motion carried. CATION FOR BUILDING PERMIT BY FRED 0. WA The City Manager read the Building Beard�s recmmmendation that the Huilding Permit be granted, and the Council looked at the plams. Councilmaa Saznuelson sxtid that these were nicely done plans and ttiat this building r�rill be an asset to the Unity Ho�pital area, MOPION b7 Councilman Harris to concur with the recommendation of the Building Baard and grant the Building Permit as requeated. Secended by Councilman Wright. Upon a�oice vote� there being no nays, Mayor Kirkham declared the � motion carried. P7.ANNING COMMISSION MEETING ffiNUTES OF MAY 26, 1966; MDTION by Councilman HarTis to r.ceive and file the minutes of the Planning Commissimn Meeting of Mpy 2b� 196b. Seconded by Councilman Sher3dan, Upon A V02C• v�te, there being ne nays, Mayor Kirkham declared the motion carried. PARKS AND RECREATION COMMISSION MF.ETING MINUTES OF MAY 16, 1966: The City Mana�er rem:inde¢l the Ceuncil that the money received £mr the sals •f granular material from Locke Park had been put in trust. Couneilman Harria said that he would like to have the Park and Recreati�n Department tall the Council what thay will use the money £�r, i���� � � 6/6�66 MOTION by Councilman Wright to raZease the maney received £rom the sale of granular materizl in Locke Park tm the Parks and Recreation Commission budg�t far the purpose af land acquisition, Secended by Councilmnv Samuelson. Upon n v�ice vote� thero being no nay,s� Mayor Kirkham ale¢3.arod the motion carried. MO'fION by Councilman Sheridan to receive and file the Parks and Recreation Commission Meeting Minutes of May 16, 1966. The matien was aeconded and upon a vaice vote� there bzing no nays� Maymr Kirkhua declared the motion carried. COMMIINICATIONS: COMMQNICATION - HENDRICKSON, DOUBLF BUNGALOW3z Councilman Wright reviewed the hietory af the five �oubla bungalaws (on� had been removed) on the nmrthwest forner o£ Kbth Avenue and 6th Street. '!'hey were moved into Fridley in a substa[�dard cmndition from Columbia Heights, where they had been condeme�� before Fridley had a moving •rdinanc�. He explained that through action in court there tras a bill of particulars �n each building which the nex owner Mr. Hendrickson agree� to do. He said that Mr. Hendrickson has asaured him that� if the Council permitted 2 or 3 units to be occupied duriflg the completion of the others� and then have the �ecapants move into the completed units, he would agree to put in off-street parking� sodcLzng� and separation af the houses. Councilman Wright stzted it had been his op�nion that the Council might diecuss this� but that reaidenta have called his attentio� tm the Fact that corn�rs are being cut� and that the work is not being done up to the stanrlards asked. He said that a nvmber o£ neighborW ing preperty ownera were here tm discuss this with the Co�ncil. � Mr. Bls�n, a proparty owner living acraes the street from these bungalows, said that nothing has been done about ramovin� the ro�fing and installing neW rooiing� nothing has been done about adequately sapporting the ceziter beam� and they have put plywood over the flaor tile without examini.ng tVhe sub-£l�or. The ureani.ses are littered and �vergrown with weeds. The City Manager said that the houses had been p�sied Monday� and at that � time they sa�d they were just moving furniture in. The City Manager said he had talked to the acting Building Inspecter who preferred that the people not be in the homes. Mr. Blomm said that pewple have meved into 5600-6th Street. Mr. Bloom said that the door had been red tagg,e� °N• •ecupanoy until fixed and inspected"� the dsor had been remmved and a new door, with- out the tag put on and the bungalow rented. FIe state� that every year these gropert3es get worse and the neighbors would like to see them vacated, f3xed and inspected. Councilrnan Wright stated that he was in sympathy rrith the residents. He said there had been some marginal evidenae tkiat the n�w swner was going to operate in better faith than the previa�us ownera� he would like t� give him a chance to show what he can d�. He said that the Citp cannot get rid of these properties as they_can be fixed to code} and the owner had assured him by phone that he would have the r�quired repaira plus additional imprmvementa done by July 31st. A visit�r to the Council Meeting sa�d that he had lived in thia neighboorhoc�d for 12 ysars� but after the tornade� his h<ame was condemed and he built in Blain�. He would like tm rebuild in this neighbmrhoad, but not next to a shack. Councilma�t Wright said that except for these housea, this is a good looking neighborho�dy and the peogle take pride in keeping it nice. Counciltnzn Samuelson said that this problem has been going on for two years� and the enly way to solve it seems ta be to evict everyone and fix them�up. Ceauncilman , Harris said it would be safer £or the people iP they moved out. The �ouncil realized �t would be a hardship on the tenanta� but it amems the only aolutisn. MOTION by Councilman Wright to issue a conde�ation fmr living notice against the properties £rom 5600 to $620 - 6th Street Northeast (even side of th� street) until they are 100� up tu code as specified in the Ha2ardous Structure Notice on each structure� and they are not ts be inhabited until they are up te� code and inspec�tr�d and approved as up te code in compliance with those instrnctions. Seconded by Councilman Harris. Upon a voice vote, there being no Mays, Mayor Kirkham declared the motion carried. r � .) ,� 6/6/bb COMMiJNICATION: HARRIS - CIVIC CENTER: Counc3lman Harria said that he has prepared a short letter� not done in any manner to discredit the repert receivei at the last Council Meeting from Councilman Sheridan and Wright� but because a lot oY questions have been askei oF him as to its authenticity and the use of the various £igures and their justification. He has made a c�st astimate involving the two sites� which would alse hav� applied to the Hafher site, except £or the assessmemts. He explained that all costs shoi+n in the repmrt, as in the previous Sheridan - Wright report, contain not only estimates, but assvmptions, � MO'1`ION by Councilman Harris to receive this communication. Seconded by Councilman Sher3dan. Councilman Harris said that he xould anawer questi0n' if there was any point that needed clarification, Mayor Rirkham asked him to summarize his report. Councilmaa Harria said that the Council had engaged Saul Smiley and Associate3� to prepare plans for the Locke Park site because there was relat3ve meri� and certain caet factorts inv�lved that could show a substantial savings over this particular site. Ae said that he has indicated in this report that the value analysis of one or more sit�s is a complex proces:,� and he has named some of the other facts t� be considered, such as: The size o£ the relative sites, their sccessability, lscation, desirab2lity o£ ths site for other uses� aesthetica� compatibility o£ the C3ty Hall iuith surrounding land uses� and the relative eost of developv�� th� sites, This brought up three points xhich he listed (1) `1'here are advantages and dieadvantages ta each o£ the sites proposed. (2) Council shouli weigh these factors and make its decision based on its best judgement as to which site will be best for the City as a whole; both now and in the future� and should not be unduly 3nfluenced by individual property owners or business interests who have a vested interest in the determination. (3) �11 sites which ars inadequate should be eliminated. Councilman Wright asked him how he arrived at tdo. 13 �n his repmrt which was a figure of $165a000 f�r tax rcvenue on present site, Councilman � Harrie exF�lained that this particular figure was an actuarial report done by a service that prvjects tax flgures and tax incomes for a partieular piece of property} and that the figure was based mn 3� yoars� as any otker — building built on this site would last 30 years. Councilman Wright said he had no questions about the duration ai the buildir.g, but that xou do i�ut extend figures based on assumptions into the future. If this is to be multiplied by 30 yearsa the older 1'igures shoul� be upped 30 yeara� Councilman Harris said thai it would not seem right that any construction built on this site would only pay taxea for five years� and the other figures are extended for an indefinite period of time. The assumption that this aite would not bring taxes longer thar. fi�e years wouZ� be confusing the issue. �ouncilmari Wright said if they wish te eonsider the life ef a building, they c4uld do this and include the other annual costa to their report and make the reparts comparable. Uouncilman Harr3s saii there were certain other considerations which coulc have been �iven in rhe report� suct� as cmmparing the relative value o£ the two structures that haee been propo�ed and planned. Ae gave the useable area dif£erence in the tsro proposed buildings, and said he felt the improved square footage £or use in the nex bnalding should be considered, alsa the fact that the old builCing will have seating space f�r 98 zn the �ouncil Chamber and 1ti3 in the Court Chamber whereas� the new building as proposed by 5au1 Smiley vrill ser�',, 11�0 in the Council raom anal 11�0 in the Court room, He said that a persan could get int� a very lengthy and debatable report, and pvinted out again that his report xas based on cost, and that he had utilized the figurea from the Wrightaheridan report based on bhe loss of investment, cvst of canc��ruction on this site, � constructieon and remodeling of this particular structurs the Council is presently in, landscaping, construction of new Fire and Police structure� land and building equipment. The only exceptians wtre figure #1 cost o£ additional land at the present site and the tax revenue on present site� and even if there was not agreement kith the £agures� there still seems tc� be a difFerence in dettrmining the total cost which is one of the relative merits the final decision has to be based on. Councilman Wright said that neither groposal xas the last word, but he felt their previous report was much more true than the one before the Council. VOTE� upon the moti�n to receive the r�porv: Upon a v�ice vete, there being no nays, Mayor Kirkhara declared the motion carried. COMMiTNICATION: FEDERAL AVIATION AGINCY: NOTICE OF CONSTRUCTION: MOTION by Coui�cilman Samuelson t� receive the communication 4rom the Federal �'/�/6� Aviation Agency and have it posted on the bulletin boarfl f�r any interested partp. Z'he motien was aeconded� and upon a vvice vote� there being no nays� Mayor Kirkliam declared the motion carried. COMM[INICATION: INSURANCE COMt4ITTEE: HOSPITALIZATION RATES: The City Manager explaxned that the medical rates will be reducea by 5� and he quoted the cost ef increasing tMe hospitalization plan if the Council were interested in doing this. Cc�uncilman W�yght asked the City Manager if he could poll the employees as to xhether they wante� thie. The City Manager said that th�_s woulc3 be neeessary step� but he did not want to do so unless the Council felt they wanted to do this. �ouncilman Harria suggested thia be referred to Bachman-Rnderson f�r their �piniem m� rihat � they have done in other communities. MDTIGN by Councilman Harris to reier to the new consultant� Bachman-Anderson. Seconded by Councilman Sheridan� and upon a volce vvte� there '.�eing no nays� I�:ayor Kirkham declared the motion carriei. STATE PLANNING DPFICER: NOTICE OF HEARING: MOTION by Councilmau� Wright to receive the Notice o£ Pub13c Hearing from tlae State Planning OS'ficer and that the Administration mbtain a copy of the proposed rules and regulations. Seconded by Gouncilman Harris. Upon a voice v�te, there beir_g no naqs; Mayor Kirkham declared the moti�n carried, COMMUE�ICATION: STEWARD: GAILSVIEW PLAT SEWER: The City Manager stated that he had talked to the Health Iaspect�r� an� waa advised that beiore the Health Inspector cou],d mxke a recomnendation, l�e would have to have mcare information from Mr. Stewart� se the Council could have the City Manager advise Mr. Stevrart that if he wants this considered� he should contact the Health Inspector. Councilman Wright stated that it was his belief that it was a£irm City pelicy nmt to allew septic tanks unless there i.n no ordinary sewage service available and he asked the City Engzxteer if it 3s p0ss3t�le tv get reports on conceivablg affected wells in the �aeighborhood. 7`he Qity Manager said that the Health Inapector could provide this information thrau�h soil testing. � MUTSQN bp Councilman Sheridan to receive the communication from Mr. Wayne A. Stewart and refer this item to the Health Inepector nnd the Engineering Depzrtment. Seconded by Councilman Samuelsmn. Upsm a voice v�te, there being mm �ays, Mayor Kirkham declared the mmtion enrried. RESOLUTSON #80-19� THAT THE COUNTY PAY PRESENT ASSESSMENT AND FUTURE ASSESSMENTS ON PUIiCHASED PROPERTYz COMMONICATIQN: ANOKA COUNTY - RESOLUTION RE: SPECIAL ASSESSMEIdTS: MOTION by Cmuncilman Sharidan ta receive the emnmunication from Anoka County, Secondcd by Councilman Harria. Up�n a voice v�te, there being ne nays, Mayar Kirkham declared the motien carrieei. Thd FYnance Direct�r �ointed out that if ihe Ceunty is not �ozng te nay the assessments, the Cit,y will have to. He stated that the County has been billcd on the goroperty that was the old Bmy 5cout Camp. The City Manager st�ted that perhaps they rrill agree to pay them� as their resolution mention� showing unusual or particular ctrcumstances why the Cmunty shonld pay, and heing that the rmll has been spread, the,y may agree to it. A Couxic3lman asked why the pri�r �wner had nat pai�l the assessment, and the Finance Directms eaid that they could not and this was the reason they had given up the property. Cotxncilman Sheridan said that gcrhaps the Council should pass a resolution � requesting that in all future acauisition by the C�unty £or park purposes� the City oi Fridley be part sf the condemnation action against a property owner, as the City has vested interest as far as assessments are concemed. 'fhe City Attorney told of the same situaticm on a piece o£ property that th� City o£ Minneapoli� has acquired, and they t2ke the pssition that because the City o£ Fr3dley could not asaess them originally� they do not have te pay a balance a£ an existing special assessment, and the City Attsrney said he did not think this was cerrect snd zras arguing xith them that it is entirely different if the City of Minneapolis owns prmperty mriginally� and the City o£ Fridl�y attempts to assess, than if theT purchase prmperty knowit�g that there are 5pecial As�essmentffi mn the pr�perty� and the sama shauld apply to the Cou�ty o£ Anoka unleas the Bozrd £eels that for same pmlicy reason it is differ�t� but he Peels the £actu�l and legal aituatien ? i �a H/6/66 is identieal. Councilmus Sheridan asked the City Attorney if it would help his position te have a resolution. The City Manager suggested that the Council hav� the City Attorney draw a resolutic�n that the Council policy ia (1) That the County pay the assessment that is already levied. (2) When they purchase preperty they are obligated to pay o£f the assessments. Councilman 5heridan sayd that if that fails for any reason in the Courts, there is the alternative of the turnabeui, solutien, but he wouldn�t aae that phrase. Counci].man Samuelson said that someone may want a ahopping aree in Fridley at some fatvre date� and cvuld say� it is Caunty prerperty nnd we do not want to pay the taxea. Councilman Samuels�n asked the City Finance ➢irectrr what the taxes were against this parcel of property� and the City � Finance Director answered that he was not sur�� but it was not a great amount. The Council discussei incorparating the amount into the Resolution, MOTION by Councilman Sher3dan that Reselution #80-1966 stating that the County pay the assessment that is already levied and that whcn they purchase praperty, they are �bligated to pay o££ the assessments. Seconded by Councilman Samuelson. Upmn a v�ice vate� there being no nays� M�yer Kirkham aleclared the motimn carx^�,ed. COMMUNICATION: AETNA LIFE - GROUP POLICY: MOTIUN b�. Ceuncilman Wright te rece3ve and f31e the aommunication frmm Aetnm Life Insurance Company. Sec�nded by Councilman Sheridan. Upon a vaice v�te� there being no nays� Mayor Kirkham declared the motion carried, COMMUNICATION: DALBEHG HUILDERS: SPECIAL ASSESSMENTS: Tkae City Manager ssid that the City has never had good 3ucces� with re-epreading assessments os1 plats. Mayer Kirkham said that this idea need� c�eveloping� and he would be in sympathy with the request. Councilman Sheridan referred to the p�licy in the years bnck where the City did not geel in a positivn to asslst developers by giving them utilities installed spresd over 20 years, which could jempardize the City�s ability to sell bonds. He stated that the developers have foll�wed this p�liey since thcn and he does not feel it would � be fair f�r the Couneil to change now. The �ity Finance Director explained that there are 27 3ots in the subdivision. 15 of the lots were sBrved by another project before it was platt�d and were spread over a 20 year period, There are 12 lots with a one year spread. Dalberg owns eleven lota, 1 or 2 may be paid in full. He explained that permanent bonda have been sold for sewer and water� and these were sold uith the expectation that collection wtould ceme in one year, althmugh there kouli be no problem here as there has been a large prepayment. He stated that when the City has done ihis before in Marion Hills and Edgewafier Gardens, people have been hur� each time as they thought the aasessments were paii. Ccuncilman Sh�ridan said that when Dalberg requested laterais, 1 year assessments had been speciSied. MOTION by Counoilman 5haridan to deny the request of Dalberg $uildecs, In�. Seconded by Harrie� based not on mistrust of DalUerg�s ability to pa� them, bnt based on prior axpmrience with ane year assessments on plats. Upmn a voive vate, there being no nays� Mayor Kirkham dec.lared the moti�n carrieal, LMERGENCX ORUINANCE �jlyl COMMUNICATION: COMSTOCK - 51ELL #ly: The City Manager read the ce5t for the repair of 1.he pump in Well #4, and said that this mlght need an emergeney ordinance. Councilman �dright asked if this pr�blem is one that wi11 remccur on the other pumps� and the ' Consulting Engineer explained that the wore,t cond�tion iM the £seld ia Wall #1� as it received the maximvm pumping in£luence. He stated that the ether wells have been checked out} two of them will not create any pr�blem and the onc to the south is removed from the inYZuence of the other three, MOTION by �ouncilman Harris to adopt Emer�encv Ordinanc� �f3�i1 covsring the expenditure of funds and to �a�'truct Comstock and Davis to make repzirs on Well #1� according to their proposal. Seconded hr Councilman Sheridan, IIpon a roll call vetey Kirkham� Harria� Sheridan, Wright, Samuels�n vating ays, there being no nays, Mayor Kirkham declared the matiAn carriei, COMMUNICATI013: FfZIDLEY BANRs CIVIC CENTER: MOTSON by Councilman Samuelson to receive and file the communication from the Fridley Bank, Seconded by Councilman Harris. Upon s �oice vote, there being no nays, Mayor Kirkham declared �he motaon carried. �7� 6/6/66 Councilman Wright asked that the public �e informed as to the nature of the letter, and Councilman Srieridan revieaed the essence of the letter which stated their reasons for wanting to keep City Hall l�ca�ed rrhere it is. COMMUNICATION: RATLEY - �OT SPLIT: The C1ty Manager reviewed the previous Council�a action. The COUnci1 had a question on just xhich aay the lot woul.d be split and Mr. Ratley was not at th� meeting. M(YrION hy Councilman Harris to table thia requested lot split until the next regular meeting �f June 20, 1966� and that Mr. Ratley be asked to be in attendance. Seeonded by Counci7man Wright. Upon a v�i¢e vote, there being no nays9 Mayor Kirkhan declared the motion carried. BIDS - ST. 1966-1�, SCI�DVLE A(OPENED NOON, JiINE 6, 1966): The City Manager read the fmllowing bids and the City �:ngineerTS report stating that the lewest bid by C. S. McCrossan� Inc., 3n the amount oP $120�l�22.41� was $18�11�9.07 less than the figurea listed in the preliminary report: PLANHOLDER Alexander Constructimn C�. ablyl Hiawatha Avenue Minneapolis� Minnesota Dunl:lev Surfacing Co. 37y6 Grand Street N.E. Minneapolis� Minnesota Hennepin Black Topping Cm. P. o. 2675 New Brighton� Minn. C. 5, McCrea3an� Inc, Bax 322 Route 2 Osse�, Minnesota BID DEPOSIT Bid Bond� Seabmaral Surety Co. 5� mf Bid Bid Bond United Paci£ic Ina. Cm.y 5� of Bid Bid Bondy U. S. Fidelity & Guaranty Co,, $� of Bid Bid Aond, Un3ted Bonding I�s. G. 5� of Bid BASE BID $130,651.53 $127,71G.70 $136,773.a4 $120 � iy22.1�l� COMPLEfION DATE , As Speci£iei 100 Days Oct. _lS, 1965 Oct. 15,�66� or 120 Cnl, Da MOTION by Councilman Sheridan to receive the report oY the City Engineer and award the contract ier Street Imprevement Projeet St. 1966-1y� Sehedula A� to C. S, McCrossan� Inc.� in the amount of $120y1y22.�1�. Seconded by Council- man Samuelson. Upon a veice vote, there being no nays� Mayor Kirkham declared the motion carried. BLACR TOP IN FRONT OF LOT 12 on 6lrz AVENUE NORTHEA5T WEST OF MCKINI,EY: Councilmsn Sheridan said that he recon¢nends that a teraporary blacktop street and rall up curb be constructed up to lot 12 on 66th Avenue west oF McKinley Street under the present project. He explained that originally the plan was £or curb and blacktop to lot 13' leaving let 12 unsurfaced. He sa3d that thia can be assessed as it was included in the hearings originally. MOTSON by Counci�.znan 5heridan that up to let 12 on 66� Avemue west of McKinley Street be blacktepped rnth a rolled up curb under the present project. Seconded 'oy CounciLman Harris. Upon a vsice vote, there bein� no nays, Mayar Kirlcl3am declared the motion carried. BIDS - ST. 19�-5 (OPENED NODN, JUNE 6, 1966): The Caty Muiager read the fsZlowing bids and the Consultin� Engineera report ' that the bid of the Barten Contracting Ce. rras $12�000 less than the preliminary reports. PLANHOLDER HID SURETY LUMP SUM BID COMPLETION TIMC� Bartsn Contracting �sseo M��s9�, 553b9 Victor Carlson & 5on 22��6 Edgewood Avenue Minneapalis, Minn., 551t26 Hid Bend Travelers 5% ef Rid Bid Band Universal Surety Co. 5% er �ia $11l�,138.So $12d,992.00 60 Ca� Days 80 Cal, Days Ashback Conetruction Co. 1910 West C. Hd. C St. Paul, Minn., 55113 8id Bond Federal Ins. Cm. $135���•� 5� of Bia Wowdrich �onstruction Co. Bid Bond 201 - 18th Ave. So. Planet Ins, Cm„ $120�500,00 Hopkins� Minnesota 5� oP Bid ��� 6/6/66 120 Ca].. Days 60 Ca, Days MOTION by Councilman Harris ts award the contract £or Street Imprcavement Project 1966-5 to Barton Conirncting in the amount ef �,114�138.$0, Secended by Ceuncilman Samualson. Upon a voice vote, there being ao nays, Mayor � Kirkham dee�ared the moiion carried. BUILIIING PERMIT APPLICATION ANII VARIANCE l�OS - S7� P�CE N.E,�AMBORN: � � The City Manager pointed out that this was a�0� iat� and if the �ouncil r.ished it could ga ta� the Board raf Agpeals' but this had been a tornadm damaged home� and they may wish t� £ellsw the policy that they had after the tornade in such cases. Councilman Wri�ht said that it had been tAe Cauncil's pmlicy a£ter the tvrnad� tfiat as long as the reconstruction was up to code� they wauld not require the rebuilder to acquire addational land just because the ordinance had tightened up between the time the house was originally built And the time he wanted to rabuild 3t� and he felt it wouli be fair and proper to take actien under the pre-existing tornado policy and grant the permit. MOTION by Councilman Wright th2t the Huildins Permit and Oariance requested by Robert Ambarn, !t0$ - 57t2s Place Northeast be granted. Seconded hy Councilman Harr3a. Councilman Harris asked Mr. Amborrt if his home will be zrider than it xas bef�re. �ouncilman Wright asked if he had a sketch. Mr, Ambrora e�lained tk�at he did not have a sketch, but that the �ot was 1y0� wi.de and the house rrJ.11 be 26x1.i1 on a deep l�t with a street on beth sides. He was asked if the set back would be the same as be£ore, and he answereal that they will make it the same although it will be all new and not set on the o1d foundation. Upon a voice vote� there being no nays� Mayor Kirkham declarad the motion carried. Councilman Wright said that for the record it should be noted that this is a special circumstance, and the Council is nmt encouraging building on 1�0� lots. APPLICATION FOR SIGN PERMIT - ERICKSON PET�OLEUM COMPANY: Cpuncilman Wright said that the cora�any had called him to explain that they understood that the Council htd given verbal appr�val to the signs� but as these are specially £abricated signs� they are now aeeki�tg the final apprwal. The Council looked at the sign plans. Mf3`fION by Councilman Wright Yor final appreval ef the arch signs, and the signs on the south wall o£ the building as drawn, The motion waa secondei and upon a v�ice wte� there being no nays� Mayor Kirkham declared the motian carried. After further discussiona Councilman Wright amended his moti�n ts say "provideal one of the siqns on the eouth wall indieate the presence of the Fridley Library". The amendment was seconded� and upon a voice vote� the amendment car:ied. RSCESS: Councilman Wright requested a 10 minute recess at this time, 5 minutes for a brie£ break and 5 minutes for a discussion with the attorney frar Mr. and Mrs. Auetmaker. The Conncil Meeting reconvened at 12c10. - NW AND SW QUA➢RANTS AT MISSISSIPPI STREET AND Gouncilman Harris stated that on the northvest quadrant through the Hslly Shopping Center� it was his vnderstanding in the d3scusaion with the State Highway Department that they would not a11�w the shut •£f o£ the servics road into Missiasippi Street withmut a permanent type easement to allstr the public tv get ont� Mississippi Street by the propesed plan they had at the west eide (rear) ef the service atation, He stated that irz cor►versationa with different H�lly Merchanta, in hia op3nion, they weuld be hanpy ta have this easement go throu�h their property in r�turu f�r the deceleratimn lane int� Holly Center, and if it Was the Cout]c31�s wished to go ahead with this, he would make a motimn that the Administration meet with Mr. Levy to work this out. ,-� ,� � 6ibi� The City Manager stated that he had talked to Mr. Levy beimre, and he had stated that as £ar as he zras cancerned he saw no prablems rnth this, but he did not wattt to talk to his mortgage company until the Council had officially approved that particular alignment. M�TION by �ouncilman Harris that the Administra'tion centact Mr. Levy at Holly Center t� see what type of a permanent easement situatieri could be arranged on the plan agreed upon by the Council and th� Hmlly Merchanta. Seconded by Couneilman Wright. IIp�n a veice v�te� there being no nays� Mayvr Kirkham declared the motion carried. On the Southwest quadrant, Councilman Wright stated that the Council has nst , had as extensiae a discussicm with the land �wners. He said thai the slip-�n ramp s wth •f Mississippi is an mttractive feature to the affected residents of Sylvan Hills� and by and large� no unattractive to all the businessea in Rice Plaza� the Dairy Queen the station and church, MOTION by Councilman Wright te direct the Administration to proceed with negat�ati�ne £ar the acquisation of necessary land eaaements for the planned routing of the southwest quadrant of .T.H. #1t7 and Missisaippi Street. Seconded by C�uncilman Samuelson, Upon a voice v�te� there being no naya, Mayaa+ Kirkham declared the motion carried. ;onneilman Harris said that he feels there will be s�me c�sts inIIOlved in this particular transfer as it will net be swap for swap even. He asked the City Msnager how so�a he thought he could crmtact the parties involved and come back to the Council with a price. The City Manager said that he would have to get at least one appraisal� aaxd that he uould get in teuch with �Ir. La4ine the next day. He said the Mr. LaVine is aware eP what the City is intereated in, Cauncilman Harris brought up the highway in front of Mmon Plaza, He aaid he believed Mr. HocLie�ss and the Etate�s plans were tv hane a deceleratimn lane in £ront of MA�n Plazs with an easement type provision through part sf the shoppireg center. He stated that he noticnd they are putting in the curb and doing some surfacing on the street wh3ch appears tea be about !�� higher than the ixisting T.H, #l�7, and if it ie lei't �s it is, it appears ' there will be considerable rise to get up 3nt� the deceleration lane. This had been discussed but not £ormally requested. MOTION by Councilman Harri: that the Adminiatration fallow up the decelera- tion sisd easement provisian with the owners of Mo�n�Flaza tm eee what can be worked out, and the approval of the plan by the State Highxay De�artment. Secended by Councilman Samuelson. Upon a veice vote� there being mm �ays� Mayer Kirkham declared the motian carried. Councilman Harris stated that he had talked te the ownex who was conaidering curbing the inside of hi:� island and so3ding it, attd it was mnly fair that he knew what s�.ze he would be warking w3th� and what t,he Highway Department wauld appravo. fiAlIl&AL CONTR�IL CONTRACT: 'Che Gity Manager said that there are two correctisns to be made wt�ich he has checked with the code. The cade reqnired an animal be held 5 day� whether it is registered or not� znd he feels thia paragraph should be rexerded� and the code required no increase £or subsequent viela$iAns. The City Attorney siad that i£ the Cmuncil approves of the c0ntract in principle, the wording can be x*orked out. Mayor Kirkham said that he was in agreement in prznciple� b ut that the three day limit should be brought up to 10 day*s� as the incuba- tion period for rabies is 10 daysy and the animal should not be destroyed ' be£oro they are aware of this. He said that Mr. Paulson should be pravided with informaticn about rabies� so that no more dogs are destroyed prematurely. I�OTION by Councilman Wright to request the City Attmrney to dra£t a change in the dog ordinance which would take into accoutat the incubatisn period isr fatal diaeases in dogs that may have bitten s human heing. The latest information ta be requested from the health authority. Seconded by C�uncilman Samuelsom. Upon a veice vote, there being no nays� May.r Kirkham declared the motion carried. SPHING LAKE PARK STORM SEWER: Counci]man Samaelson said that there havc been meetings vtith dit'ferent representatives, tl�e Ci#,y Engineer, �c�m;,tock & Davia, the City Attorney and the City Manager and they have come to a contractual agreement and it �' �� J 6/6/66 the Council agrees with it� it Hill be given to Sprin� Lake Park. He stated that they k�ave been very strict from Fridley�e vier�point. The Counc�.l discussed how the 10`� figure was arrived at. Covncilrnan Samuelson sa�d that Spring Lake Park would be putting into out watershed area 8.2 cfs thr�ugh Rica Creelc� which wwld be abmut 1%, but theg an bixi.lding in a sasety factor as they d� not know xhat coats would be involved. He explained that when the st�rm sewer was installed, the City buil� in capacity £er Spring Lake Park ef 8.? cfs. The cost came in at appro�.mately $31?000 and we are asking $35�000 to handle future administrative costs. Mr. Comstock as�d that they wlll be mere than paying far the capacity which was built inte the ;�ystem. Mr. Comst�ock e�cplained that although the rate of 8.2 cfs is � controlled, the length of draining time is not, xhich woula depend on the art�ount o£ ra3n and frequency. Councilman Samueleen asked the Consulting Enginear if he sax any pr�blems in the c�ntract� and he answered that he did not. MOTION by Councilman Harria to authorize the Mayor and the City Manager t• execute this eontract �n behalf ef the City of Fridley. Seconded by Councilman Samuelson. Upon a voice vste, there being no nays, Mayor Kirkham declared the motion carried. APPOINTNIQdT: FRIDLEY HOUSING ANL REIIEVELOPMENT AUTHORITY: Mayor Kirkham explained that Mrs, Lois Mullin was the member of the FY�idley Housing and Redevelopment Authority who w�.s appointed te a vne year term which expired June 3s 1966. MOT10N by Counci7�an Wright that the Council appo�nt fmr a three year term, Mr. Daryl Nagel, l�89 Rice Creek Terrace, to the Fridley Houszng and Redevel- opment Committ�ee. M�yer Rirkhatn told Councilman Wri�ht that he was out of order as the law resds that the Mayer shall appoint with Council�s consnnt. He stated that � he wvuld like to present Mr. John A. Johnson, 7320 concerto ¢tirve, M�lody Manor� to the Council. The City Attorney pointed out that the term is for a five year periad. MOTION by Cmuncilman Harrie to concur with the Mayar and appoint Mr. Jehn A. Johnaon to the Fridley Housieg and Redevelopment Authority. Seconded by Couttcilman Wright. Upon a voice v�te, there being no nays� Maymr Kirkhnm declared the motion carried. Mr. dohnaon was intreduces to the Council� and the Council thanked him for being xilling tc serve. Mayor Kirkham stated that a£ew weeks ago hG had read an article in the �ap�r regarding the Hopkina Housing and Redevelopement Author?i,y� in rrhfch a ruling by the� Attmrney General found that four of the people hnd been appointed to the Authority illegally as the law says they would not be eligible if they were serving in any �ther public office. Mayor Kirkham stated that he had asked for a copy of the Att,orney General�a cpinien and he asked the City Att�rney tA read the opinion and gi.ve his interpetation. The opinicn listed the other pubZic offices held by the four peaple appointed ta the Hopkins Housing and Redevelopment Authority and t1�e ruling was ne�qative in all cases and said that each was a publ�c o££ice and the peoplc were ineligible to be appointed. The City Attorney said that M�yor Kirkham had asked if this �roulei apply te a member of the Human Relatians Commtttee, an� Mr. Herrick's epinion is that it does. � Mayor Kirkham stated that we hAVe a parallel situat?on in Fridley, in that Mr. Richard Herder is on the Fridley Housing ancl Redavelmpment Author.Lt� Lllegally through no £ault of his� but bdcause he was appointed illegally by not being eligible. Mayor Kirkhun said that, in keeping with thesw findingas he would nune in his place Colonel William C, Hofflnan� 6900 Hiekory Drave, to servu the rest of the tena. Councilman Wright stated that the Mayor has not £ound a vacancy through proper procedure, neither the Council nmr Housing and Redevelepment Authority were informmd� you have refused to give a ch�bice in the case o£ an incampat3ble office, a choice vhich was given to the City Attorney, and he felt this action waa designed to hamper constructive aperation by the FHRA, He stated that the person proposed it outspokenly �pp�sed to any action whzt soever by that Authmrity and he felt the appointment was grossly political. Councilmin Wright said that if the May�r wished to get rid o£ the Authority, he should ���� 6/6/66 come aut in the open and sa,y so� and not sabotage it £rom aithin. Mayor Kirkham stated that he has said so� and he had had an sffer to resign by this member in question, and he had said fine he xelcmmed it� but the member had not resigned. He said that kiis friends had been automatically di�quali£ied when th� Authority was named� as the requirements set Forth by th� then Mayor Nee uere that all members ijad to he philosophically in £avr mf Urban Renewal. Councilman Wright said this was Palse in its content and in its implication� and that the govemment we have in Fridley is nnt government of your friends, by your friends� and £or your friends and yourself, ne matter what the voters say at one election, Mayar Ki-r}:ham stated that he felt that CoZmnel Heff}rtan is weil qualified £ar , the post and should lbe considered. He is familiar with iYxsanee as he is connected with Mutual Flasid, he i.s degreed ih political science, and has ampl� time to devote us he is semi-retire¢l. Mayer Kirkham statefl that he feels he has dealt with this cery properly as he is going according te the ruling aet forth by the AtternGy General. As far as having a ch0ice as to which office Mr. Herder might choose� he has no choice as he xas not eligible for the appointment and could not be appointed. MOTION by Councilman Wright tm d�.ss�pprove the appointment sf Colonel Wm. C. Hoffman. Mayor Kirkham declared the mstion failed for lnck of z second. MOTION by Councilman Harris t� coneur with the wish nf Nayor Kirkham and appoint Colonel William C, Aoffman to the Fridley Heusing'and Redevelopment Authority. Seconded by Councilman Samuelson. Councilman Sheridan state3 that whether the Council was in agreement on urban renewal under the auspices of the FHRA or not� he thought that th� Cha3rtnan did the job that he was apked to do in spearheading the Authority, and Councilman Sheridsn's request w�uld be to at least give the opp�rtunity te declare a vacancy by resigning. MOTiON by Sheridan that the motion and second t• appoint Mr. Hmffman be tabled until such t3me as he� or the Administration� because of the findings o£ the Attorney General�s Office, ask Mr. Herder to resign and thereby declare a � vaaancy and proceed rnth tonight's action. The motion was aeconded. Mayor Kirkham said this motion was in order, but� in regards to th3s� he wanted it understood that Mr. Herder will not be given an �ppertunity te choose which of£ice he holds, as the opinion regarding H�pkins stated that the four persons who had already been named i.o the Au�hority were not me�bers as they urere ineligible� therefore Mr. Herder is r�ot a member and there ia nothing to resign. Councilman Sheridan asked Mayor Kirkham i£ hc would not give Mr. Herder any credit for the hours and work he spent on the FHRA for the past 10 months. Mayor Kirkham stated that he was not deny3.ng him any ered3t, there is just nothin� for him to resign. Councilman Sheridan said that by a1loHing him te resign and making a vacancy will acknowledge the work he has dane. May�r Kirkham said that his motion has precedence. Councilman Sheridan asked if it was the Council�s pleasure that he talk to Mr. Herdery or that the Administration do so. N�ayor Kirkham said it made no di£ference. Councilman Sheridan said it was'the pleasure of the chzir� and Mayor Kirkham said that he would ask him to resign. The Cauncil discussed whether the motion to table needed a vste. The City Attorney said that it was not debatable, but the Council would have to v�te on it. Upon a roll call vote: Sher3dan and Wright voted aye; Kirkham� Harras and Samuelson voted nay. The motion b� table did ncst carry. Vote upmn Councilman Harris's motimn to appoint Colonel William C. Hoffman: Up�n a roll call vate� Kirkham� Harris and Samuelson voted aye; Sheridan � and Wright voted nay. The motion carried. Councilman Wright said this was the most diacourteaus and disgrace£ul action he had seen by any Cruncil, anywhere. Mr. John Johnson was called forward and sworn in by Mayor Kirkh�m. SYLVAN HILLS IMPROVEMENT - 5 #76: Councilman Wright said thet this item has not been �olved. He stated that the Council has held a hearing and has diacussed it� and must decide whether to do it ar not. The City Engineer reviewed the facts that four lots were reroute�3 to the left station� another line has had a hearing, but no action, �� � �. b!b/bb and the Consulting Engineers recammend tha City proceed wi.th the imvrovemeni, as the problem is going te persist. Councilman Wright stated that there was more oppositi�n against 3t than for it� i£ it were to be assesseda and the peopin were in £avor of it if it were to be picked up by the i3tility F1xnd. Coun�ilman Harris said that it was his ieeling ihat some people were against it under an� conditian. Consulting Engineer Gomatock explained that the intercegtor will carry full pipe capacity at blst Avenue, but when the three lines are runnin� full and meet at University� a head san builal up� and there is n6 control o£ i,he amount �f � sexage coming into the lines� and it s�rill back up into Sylvan Hills, Mr. Comstock said that they could contrml the sewage by removing different areas, and the more you removed ihe better chance o£ no baok up� but the pe�ple seem to want a guarantee, but at some t�me it coulc still haouen if a head builds up. The Council discussed the nossi6ility oa bnying s�me cennections ta NSSSD�'or the possihili�y of bw ldina a new line ts tak� ihe sewage to the srest. Councilman Wright asked if there was any way te divide the flow, and Mr. Comstmck said this would tnke some study, as they have net innestigated a11 possibilities. Councilman Harria suggeated that the Council have the Consult3ng Engineer look at this project again from a more long range view. Councilman Wright asked i£ it would be possible to negotiate with the NSSSD so that the University line takes everything until it is ful.l, and when it reaches the point of suraharging at 61st snd Uoivers3ty, everything over that goes on an overflow west to the district. Councilman Wz7.ght said that the Gouncil r,ould direct the Consultin� Engineer to I��k at the general problem of all of the lines that connect at blst and University, and look £or a general splution to thia pr•blem with a minimum cost. Counczlman S}�eridan su?geste3 the pessibility og aasigning, say lf2 of a CFS by trad�ng capacitp, The Council discussed the possibility that iY the over£lofr has less than this, other areas could be added. MOTION By Councilman Harris ta ro£er th3s sewer improvement project #76 to Comstock and Davis for a feasibilitf study S? Sylvan Hills ar�d surreunding � areas. Seconded by Counciltt�n Wright. Upon a vmice v�te, there b�eing no nays� Mayor Kirkham declared the motion carried. PONDING AREA IN REIDEL PROP�RTY; MOTION by CounciZman Harris to table this item as it has been sent back to the Planning Caimnission, and the Council should see what determ�.natian the Plannzng Cm�ssion arrives at. Seeonded by Councilman �amuelsmn. The Consulting Engineer said that in the Plznning Commission's deliberation on this �ie-relopment, if they could c�ne to some c�nclusion on the typt of development, the Csnsulting Engineers .:ould approach the storm sewer problem on one given plot o£ ground and work backrrardsa in other wordsa instead of working toward the storm sewer, work tvward the development and see what's left. iippn a voice vote� there being na nays, Mayor Kirkham declared the motion carried. �.SOLUTION #$1-19b6 TO ADVERTIS`r; FOR BIDS - ONE PATROL CAH; The City Nanager stated that the mileage on the patrol car to be traded in is 52,335� And by the time the bids are opaned and awarded and the car delivered, the mileage vi11 be 65 to 70�000 mil,�s. He e�lained that this car has been budgeted. � MOTION by Councilman Harria to adopt Resolution #81-19b6 advertising for bids for one patrol car, Seconde:d by Co�uicilman Samuelson, Upmn a coice vote� there being no nays, Mayor Kirkham declared the moiion carried, RESOLUTION #82-1y66 ESTABLISHIIvG MUNICIPAL STATE AID STREET: The City Engineer pointed out the street on the map, Councilman Harris said he wauld lzke ta aee the street have ene name, and suggeated that rtain Street to the north ei Mississippi could be changed to Starlight Boulevard. Tkie City �.ngineer said that this could be don� when the street xas put in at a later date. MOTION by Councilman Harris to adopt Resolution #82-1966 estalalishing municipal state aid street. Seconded by Councilman Sheridan. Upon a voice vote, there being no nays� Mayor 3Cirkham declared the motion carried. L8� 6/6/66 RESOLUTION #83-1966 - REVOKING AND REDESIGNASING MUNTCIPAL STATE AI➢ 3TREET: The City Manager pointed out the vld design on the raap, and explained that this is redesign�ting the description to the latest plan. MOTION by Councilman Samuelson t� adopt Resolution �83-19bb Revoking and Redesignating Municipal State Aid Street. The motion was seaended, and upon a voice vote� there being no nays� Mayor Kirkham declared the motion carri.ed. � MOTION b;� Councilman �heridan to adopt Re�oluti�n �/84-1966 ordering pre- �im�nary plans and specifications for storm sewer 3n NageZ�a Woodland�, and des3gnating Suburban En�ineering the Cansultin� Engineers. The motion was seconded, :.nd npmn a veice vete, there being no nays, Mayor Kirkham declared the motion carried. RESOLDTION #85-1966 - RECEIVING PRET,IMINARY PLANS A�TD SPECSF'ICATIONS AND The City Manager said that the hearing wns set in the Resolution as August B} 19b6, as the F�.nance Direct�r is bh�rt of help at presant. The �`inance Direct•r said that i£ he could get the preliminary report he could have the assessment roll completed by July llth. The City Eng3neer said that the preliminary repmrt would be ready. MOTI�N by Councilman Harris to admpt Resolution #8�-1966 ordering hearing on improvement, stcrm sewer, Nagel's Woodlands and designating Suburban Engineering th� Consulting Engineers and set the date o£ hearing fsr Jul,y 11� 1966. Sec�n�ed by Councilman Samuelson. Upon a vmice vete, there being no nays, Mayor Kirkham declared the motion c�rridd. ESTIMAT�:S : MOTION by Councilman Samuelson to pay the Yollowing estimates: American Pipe 8ervices 2231 Edgewmod Avenue North St. Louise Park� Minnesota, 55�126 �stiaiata #Lt (�`inalj O.L.P. Disaster Sewer Cleaning Program 1965-66 in accordance with contract Final Estimate £er work in connectimn �th emer�ency repair and cleaning af storm sewers under the O,E.P. Program Peterson-TAmplin, Inc. b1�02 - 56th Avenue NortYa Mlnneapolis, Minnesota' S51y28 Estimate #2 (Partia2) Water Improvement Project 75-� Schedule 1, accordinp to contract(�"Million Gallen Reservoir} D. W. Hickey & Co. � :Lnc. 181�1 University Avenue St, Pau1� Minneseta� 5510� Estimate #2 {Partial) Water Improvem�nt Projeet 75-�� Schedule 2� according to contract (High Surface Fumps and Three Addltional Filters - Commons Park) Lametti & Sons, Inc. 2s60 Nc, Cleveland Avenue St. Pau19 Minnesota 55113 $ 22,121�.03 $ 8,584.04 $ 5�,230.80 $ z7,325.00 Estimate #2 °£or work completed fer construction oT Sanitary Sewer Impravemant Prmject 78 (Energency connertion te NSSiD at 69th and Uni�ersity)� accordin6 to contract (Final) $ 1�s69.2$ � I ' � ' � Soil Sol�difiers, Inc, 7Q601 Olsan Memorial Drive Minneapelis, Minnesota, 55427 Estimate #1 £or work comp�eted in connection with emergency repairs and clenning �f storm sewer under the O,F,.P, prmgram Randall & Berglin b801 Plaza Curve Minneapolis� Minnesota 55lt32 Estimate #2 in connectimn with Sanitarry Sewer Repair work under the O.E.P. Pra�ram Comateck & Davis� Inc. Consultin_p, En�ineera 1�l�6 County Road "J'� Minneapolis, Minnesata, 55l�32 Estimate #1 (Final� f�r £urnishing inspectors for the work af sanitary sewer cleaning under the 0.�;.P, Disaster Sewer Cleaning Program 1965-1966 For the furnishing •f professional Engineering Services £or planning, general supervision, and residential supervision of the conatruction of Storm Sewer Improvement No. 12� Schedule A (Golumbia Heights� State o£ Minnesota, and Fridley) For the furnishing of pr�feasional Engineering Servicea for planning� generai supervision� anci residential supervision ef the construction of Storm Sesmr Improvement vo. 12, Schedule C (Colwnbia Heighta)(T.E3, #�7� south of T.H, #100) 5. C. Srniiey & Associatea 1750 Hennepin Avenue Minneapolis, Minnesota� 551�Q3 Fridley Civic Center, Locke Park Site Completion s.�x� appreval of Schematic Drawings Phas� I- 15� of $28,fl00.00 Deaign Develapment Phase II - 20� of $28,90�.00 - 50� now complete Hlneprinting and reproduction to date Paid on Acceunt BALANCE � �5,� � 6,o72.7k $ 21,842.13 $ 9,315.00 $ 28r991,76 $ 3s5•os $ 1�,2D0.00 $ 2,800.�q u9.2}� 7ro 9�2 1 5z5•3a , 23.9 Seconded by Councilman Sheridan, Upon a vmice vste� there being n� nays� Mayor Kirkham declared the motion carried. ISC�ISES: MOTION by C�uncilman Harris to grant the f�llorring licenses: ERCAVATING: , A & M &awer & Water Service 6838 - 12th Avenue South 8ichfield, Minnesota J. R. Walker & Sons, Inc. 300 Larch Streei 5t. Paul� Minr.esota GAS SERVICES: Dependable Heating & A/C Co. 55�7 Logan Avenue Nerth Brooklym Center� Mznnesota by: Radney D. Aspelin by; Rabert N. Walker by: Walter Syverts NE�n] RENEWAL NFFd 6f6lbb ���� 6i6/66 E. S. 1'., Inc. �11 West ?th Street St. Paul� Minnesota Gordon Heating �ompan,y 5605 County Road 18 Minneapolis� Minhesota Henry E. Walburg Plumbing 665 - 51st Avenue Northeast Columbia Heights, Minnesota GENEHAL CONTRACTORS: American Builders� Ina. 515 Weet Broadway Minneapolis, Minn�sota Antler Corporation 2956 North Rice Street St. Paul� Minn�sota L. & W. Constraction Co. 6350 Ware Road Carcle Pines' Minnesota Richard M3.11er Homes 8256 Monro 3t. N.E. Spring Lake Park� Minnesmta Osberne Conatruction 756$ University Avenue N.E. Fzzdley� Minnesata� 5'S1�3�" Robertson Constr�ction Company 65�+6 Lucia Lane N.E. Fridley, Minnesota, s5�t32 Weikleenget'Constructien Ca. 1601 - 127th Avenue N:�7. Anoka' Minnesota R,D. Wilsen A� Associstes 3].O1 - 93rd Avenue North Minn�anolis, Minnesota 2uehlke Construc+,i�n Company 6l�95 Pierce St. N. E, Fridley� Minr.esota 5s1+2I E�FATING: C�ma Speczalty Company 1608 Cc+mo Auenue St. Paul� Minneaota S51Q8 Dependable Heating & A/C Ca. 5$57 Logan Avenue North Bruoklyn Center, M�nnesota E. S. P.y 7nc. K11 West %th Street St, Paul, Minnesota Larson�Iac Company 6028 West 37th Street Minneapolis� Minnesota Northtown Plumb3rig Company 176 Rzvers Edge Way N.E. Fridley� Minnesota� 551�21 by: Jamea �. Ethier by: Richard Gordon b,y: Henry W. Walburg by: David Ostrow by: E, F. Christianaen b,y: Lou3s Letendre, Jr, bya Richard N. Miller by: Warren Osborne by: Aon Robertavn by: �Peter 0, Welkleenget b.r. Robert D. Wilsan by; Robert B. Zurhlke by: Leo F, $urger by: Walter SyvertF b;t: James W. Fthi�r by: Ra3�mond E. Olsan by: Shomas Veit RFNEWAL RENEWAL RF.NEWAL ' RENEWAL NB'W NEW RENAWAL RF,NEWAL RENEWAL � NEW RENEWAL RF,NEWAL NEW NEW RE �N'_,WAL � RENENTAL RENEWAL , � HenTy E. Walburg Plumbing 66� - blst Avenue N. E. Cmlwnbia Heights, Minnesota MA50NRY: Dave Berry Concrete Constructian 831% Monroe St. N. E. Spring Lake Park, Minnes�ta Ruud, Incorporated 3515 North Kilmer Lane Minneapolis� MinneSOta Superior Concrete Construction 6321 Jackson Street N, E. Fridley� Minnesotaa 5�1y21 CI�ARETTF:: East River Ruad Garage 6501 East River Road Fridley� MinnFSeta Burger King 6lt10 Univeraity Avenue Fridley, Minnesota IInity Hospital 550 Osborne Road Fridley� Minnesota CAFE : Unity Hoapital 5S0 Osborne Rmad F'ridleyr Minnesota Bur�er King 6l�10 University Avenue Fridley, Minnesota SERVTC;E STATION: East River Road Garage 6501 East River Roael Fridlcy, NSinnesota by; Henry �. Wal`uurg by: David W, Berry by: Herman 3e�Jneak by: Glynda K. Brue by: Joseph h', Dolin by: Peters�n Fttterpri2es b,y: Unity Hospital by: Umty HosFital by: Peterson Enterpriaes by; 3ar;F.ph W� Doiin °i8a� 6/b/66 RENEWAL RENEW9L REiiE�,dAL RENElaAI. RENE4TAL NEW NEW NEYT NEW NEW Booth's Texaco 6671 University Avenue Fridley, Hinnesmta hy: Bertx�zm W, Boath REP;EWAL Secended by Councilman 5heridan. Upon a voice vote� there being no nays} Mayer Kirkham declared the motinn carried. TION #13-1966 OPPOSING THE MOTION by Councilman Wright to receive Petitivn �#i"s-19�b. Seconded by Gouncilman Harris. Upon a v�ice vmte, therE being no nays, Mayor Kirkham declared the motion carried, � GRADIMG AND CLEARING OF LC1TS 9, 10, 1'j� BLOCK_22_SWARTZ RIVERVIEW MANOR; Councilman Wright aa2d there are three vacant lets in Swartz Riverviex Manor which are in a aiate vF dangerous decay. People have been dumping theret it is h311y with dirt and r�ck and a general nuisance and hazard. He stated that it ia a matter of grwding and leveling� and he would like the Council to order it graded dexn level and the trash removed. The City Ati�orney said that they could be given a nqtice to clear and if it is not taken care oP, the City can abate and assess. MOTION by Conncilman Wright that I,ats 9, 1Q and 17 in Swart�s Riverview Manor be graded� leveled and cleared. Seconded by Councilman Harria, Upon a voice vote, there being no nays� Maymr Kirkham declared the motion cars�ed, ?��6 6/6/66 RED'S CLUB L1CN�ISES; Councilman W�ght stated that he underatood for the £irst time, that the Council1s opposition is to thd identity ef the applicant and nothing else, and this being the case, he fecla it wi11 he poasible Yer the Council to give same aseurance that a new applicant, meeting the qualificationss could be licensed, Ii this can tre done, then he feels they will be protecting the sale o£ the establishment, provided the Huetmakers are alse giveM a reasonable period mf time to complete the transPer by a lease or sale. Councilman Harris asked what he considered a reasonable period o£ time to consummate the lease or saley as hc difl not xant to get baek to a period o£ time extended to another period o£ time� and so on. Mr. Terpstrn, Attorney for the Huetrnakera' saicl that they co�id propose a new applicant's nar,�e for a temporary license� and would like to haroe a reasonable time to sell the busYness. He mentioned that real estate agents uaually have 6 montk� listings. He said he would hate tm pui a time like 30 or 1�5 days on itr ani suggested they grant a temporary license to the new applicant they name and tl-�at on g�od £aith they will try to sell it, Councilman Harris said he felt that they do not rrant a temporary licsns� rrri.th no stipulztions. Councilman Wright suggested that at the ne�ct Council Meeting the Gouncil could have the applicani. before them, and if acceptable, they could iesue a lecense for the remainder of 1966, which would giae them almmst 6 months in xhich time the sale wculd have to be completed. Councilman Sheridan said he did not like the term temporary license� but that the Council had the discretion to grant a license for a number ef daya. He said that the applicant ms.y* be the persen to reapply as owner at the end of the period, but he did not think the Council should use the term temporary. Tha City Attarney said that it would be preper to grant a license to an acceptable person for a perie�d af time - say the rest o£ the calendar year. Councilman Harris brought u� the p�ssibility sf the Council getting into another probatianary action with a new licenaee. Councilman Sheridan said that the license could still be withdrawn as before. Mr. Terpstra vas asked when the applicant�s applicati4n could be in as there should be at leagt a week to pr�cess it. The City Manager said that it might be that the Chief of Police would like mvre time. Councilman Sheridan said that the applicaitia� should be made by the 13th of June or Fridley of this We�k if possible. Mr. Terpstr2 sa3d that they would appreciate any comments from the Council on what exactly a quali£ied person is. Council.man Wright said it shauld be someone with a lmng term of residence and no criminal reaord. Mr. Terpstra pointed out that they would be limited in the number af people thst uould be �*llling to do this, and as they do not have a buper} it will ba a friend or relative. Councilman Harris 3aid that �rom the busineas�s atandpoint� it should be someone witk; expesience. The City Attorney pointed out that an inexperience� person cannot use ignorance of the law as an excuee. Mr. Terpstra said that the particular person they had in mind has not run a bar be£are� and as the present �wners will be interested in watching the "t111"� he would like the Council�s assurance that they can be in the club. Cmuncilman Wright said that the Council cmuld not �bject to whom the Iicensee picks as hia assistant as the responsibility rests with him. The Huetmakers atterney said that they will make application to the City as aoon as possible. MOTION by Councilman Wright that the Council will receive application fsr a nerr license for tavern and asseci�ted licenses For the establishment known zs Red's Club� and make its decision on this new 13censee at the meeting of June 20� 1966. The licenses� i£ granted, t� xvn until December 31� 1966. 1 ' Mayor Rirkham stated that he will be v�ting against it� as nothitig ie esse�tially differen� than was proposed originally. He said that it xas �nly a little aver a montkt ago that an extensien was granted so that a sale could be mades then 6 or 8 days ago there was another proapect, and time , was granted to make a deal, and now another �ctensien. He �tated that he had maaie his stand on the findinga that were brought out at the Couneil Meetings, and there has been nothin� to chang� his mind since. Mr$� Huetmaker said that there had been a party interestedy but that the bad publicity had ruined the sale� and there was another party interested who knew that only a 3G day permit had been extended, znd were avidently just wait3ng. She said that iF the Cauncil closes the club� they will not be able to make z sale and c�nll_lose the money they have paid in� which ie all they have. Councilman Wri�ht said that granting a license for six months has a potential that extensions did nert have. Councilman Shendan said that he did not feel a motion was needeu at all as the Council is not going tc� consider the last applicant� but whether the new applicant is acceptable, and this can be acted on Junc 20th and if it cannot be duly precessed by then, extend to the £ollowing meeting to process it. The 1 � � � � F� 6/b/66 questien was whether the Council wi21 allaw the club to be operated until the new applicant is precessed. Couneilman Harris said that any decision should be unani.mous by the Council. It aas pointed out that after the processing, the Gouncil may trant to set the license up for :i,ess time� and it would be better i£ they did not tim themselves to one period o£ time until they have the applicant. Crnancilman Harris said that, after the acreening by the Police Departn�ent� they will have a better idea of what they want to do. The Council agreed to listen to a new appl2cant at the next Council Meeting. Mr. Terpstra asked what useful purpose the Council serves by having the club clased down from now until the 20th o£ June. Councilman Harria saia that the C�uncil agreed that Mrs. Huetmaker was not ta be the licensee. Mr. Tex�stra said that they could have had the proposed licensee at the meeting this evening, and he cannot understand how the bESt lntereat of Fridley is served by punishing theae pe�ple ior two weeks. Mayor Kirkham said that if it is wrong for one year� 3t is wrong £or one day. The Attorney for the Huetmakers nointed out that the Council had alloxed one ext,ensiun� Council- msn Harria said that the members of the Council did not know the particulars o£ the case. Mr�. Huetmaker said that she believed they would hav� had a buycr except for the bad publicity in the papers. Her attorney said that closing a busaness for two weeks can hurt a going business. He said he could perha�s� aee it if it was being done as a punishment, and then Mrs. Huetmaker was Granted a license fvr a year} but they had come with a new proposal. He asked that they he given a chance to salvag� their investment. He asked that the Council put themselves in her position and they might come up with r more hunan approach. He said he respected the Council's desire to control 3.2 applicants, but lives should also be consid�rad. Mayor Kirkham said that a two Neek shutdc+frn would be his assurance that there would be a change. Councilman Wright stated that he would give his assurance to the Mayer that as far as he was concerned there would be no m�re extensivnse Councilman Sheridan said that if they issue a license to Mr. Huetmaker now utttil June 21st, he would assure Mrs. Huetmaker that iS the applicant presented is not acceptable, an extention af tine would not get his vote. Mrs. Huetmaker aesured the Gounc�.l that they rrill have a new applicant here, ana if he is not approved, that will be the end. The Council agreed to go a].ong with an extension until June 20th, MOTION by Councilman Sheridan to grant an extension of the license for Red�s Club until June 20, 1966, with the understanding that it is the unanimous decision o£ the Council that after that date there will be no extensions. The motion was seconde$ and upon a voice vote, there being no nays, Mayor Kirkham daclared the motion carried. SETTLEMENT ON 7'HE M& 0 PROPERTY: MOTION by Councilman Sheridan to ratiiy the action of the Council regarclinu the settlement on the M& 0 propert,y, elminating legal action and accepting the offer of $05,000.00. Seconded by Councilman Samuelson. Upon a vmice vote, there being no nays� Mayor Kirkham declar�� the motion carried, Council- man Harris said that a vote of thanks should go to the City Attorney, Mr. Comstock and the Administration as they did a iine job in getting the settlement, BUILDIIvG BOARD HESIGNATSON: Mayor Kirkham said that Mr. Chenette will be res3on�ng from the Building Board as of July 1� 1966� as he rri71 be leaving Fridle;{. REQUiSTED EXTENSION: Mayor Kirkham said that Mr. Bauer had requested an extension o£ time in which to tear down the pickle £actory. MOTION by Councilman Harris to deny the request ef Mr. Bauer, Seconded by Councilman Sheridan. Upon a voice vote, there being no nayrsa �?ayor Kirkham declared the motion carried. ADJOUHNMENT: There being no further business} Maynx Kirkham declared the Regular Counci7 bi.:ating of June 6� 196b adjourned at 2:l�5 A.M< ftespectfully Submitted� � ^�l � i��rt,L�� �ti � ���,y,,,v Mary Lu �Strora Act3ng Secretary to the Council i 1' ll �,w f �. � � ��,y„�v _ r ��„ ack 0. Kirkhzm A7AYOR