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09/19/1966 - 00021302� � �' �� THE MINUTES OF THE SPECIAL COUNCIL MEETING OF SEPTEMBER 15, 1966 She Meeting was called to order by Mayor Kirkham at 5:30 P M. ROLL CALL: MEMBERS PRESENT: Kirkham, Harris, Samuelson, Wright MEMBERS ASSENT: Sheridan CANVASS OF PRIMARY ELECTION OF SEPTEMBL�R 13, 1966: Mayor Kirkham announced that the declaration of results of the canvass of the Primary Election of September 13, 1966 is the order of business for this meeting MOTION by Wright, seconded by Harris, to accept and approve of the tally as reported in the canvass. Upon a ro11 call voting aye; Kirkham, Harris, Wright, and Samuelson, nays: Mayor Kirkham declared the motion carried AD JOURNMENT : the results vote, those none. There being no further business, Mayor Kirkham declared the meeting ad�ourned at 5:45 P.M. Respectfully submitted, � Earl P Wa ner ��� / � � Acting Secgetary to the Council °�C%� �� ��-r, c/'L �-C.��,.� i` J�YCIL 0 RIRKHAM - MAYOR %���'����GPLEASE SEE PRECEDING PAGES FOR CO�IPLETE CANVASS OF EL�CTION THE MINUTES OF THE REGULAR COUNCIL MCETING OF S�PTENiBER 19, 1966 The Regular Meeting of the City Council of the City of Fridley was called to order by Mayor Kirkham at S:OS P M. ROLL CALL: MEMBERS PRESENT: Kirkham, Harris, Sheridan, Wright MEMSERS ABSENT: Samuelson PRESENTATION OF STATE FLAG - DONALD BLAIR - PR�SIDENT, FRIDLEY SAYCEES: Mr. Blair said he would like to present the City Council with a State Flag on behalf of the Fridley Jaycees. He said that he understood that they did have a flag before, but that it has not been replaced as yet Mayor Kirkham thanked Mr. Blair and the flag was opened for the public to see. � MOTION 6y Councilman Wright, that on behalf of the Council, he wished to express their appreciation for the handsome flag, and for the civic enthusiasm it indicates. The Motion was seconded, and upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously APPROVAL OF MINUTES, REGULAR COUNCIL MEETING, SEPTEMBER 6, 1966• MOTION by Councilman Harris to adopt the Minutes as submitted. Seconded by Councilman Sheridan. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. � a�� 9/19/66 APPROVAL OF MINUTES, SPECIAL COUNCIL MEETING, SEPTEMBER 12, 1966: MOTION by Councilman Harris to adopt the Minutes as submitted Seconded by Counrilman Wright. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried APPROVAL OF MINUTES, SPECIAL COUNCIL MEETING, SEPTEMBER 15, 1966: MOTION by Councilman Wright to adopt the Minutes as submitted. Seconded � by Councilman Harris. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. PROPOSED PLANS FOR CITY HALL: Mayor Kirkham said that at this point in the meeting, it seemed the proper time to make some comments on the praposed plans for the City Hall. Councilman Wright stated that many of the people at this Council Meeting were present at the Public Hearing on the location of City Ha11 when the pros and cons were presented. He stated that this has been an important issue and the City Council ordered plans and specifications for an alternate location from the present one, as it looked as if there were not enough money for the present site. He said that the Council went on record at the Public Hearing to abide by any overwhelming decision by the voters, and so the Council has decided to continue plans for construction of the City Hall on the 64th and University Avenue site. Councilman Wright said that the Council has met wrth the Architect, and it is their intent to build the City Hall w�thin the fuads available without sacrificing square footage or services that were promised in the bond issue. He said this W�ii mean they wi11 have to economize in small areas as the fanciness, lighting, flooring, etc , but they are determined to have a we11 designed building paid for with the money allocated. He said they have reached an agreement to proceed, and he wished to thank those opposed to this course of action for their cooperation and graciousness in this going ahead and abiding by ' the will of the people as expressed in the election. Mayor ILirkham said that he agreed with Councilman Wright and made the following statement; "The Fridley Crty Council, as previously agreed, has respected the wishes of the ata�ority who cast their ballot regarding their preference in the selection of a srte for the new City Hall. I feel that any future delays in receiving bids for the present site would not be in the best interest of the people, With this in mind I called a meeting in the City Manager's office this afternoon to discuss this very sub�ect with a11 members of the Council and Architect S. C. Smiley & Associates. At this meeting we discussed possible itects to be eliminated to effect a cost that would fall hopefully within the remaining boad issue monies. Some of the items of elimination discussed were the remodeling of the present structure, site preparation which included sidewalks, curbs, blacktop parking areas, lighting and other items of beautification. We instructed the archrtect to review any other reductions that were possible keeping in mind the qualrty of the building should not be sacrificed beyond recognition. We also instructed him to proceed with revamping the speci- fications so that we may be able to receive bids sometime during the month of October � If the reduced items are not sufficient to enable us to work within our bond monies we will look to see if �ae are able to £und any additional expense out of general revenue funds. If this is not available, we may be required to return to the public for additional financing Since the election it has come to my attention that there are a few people who for various reasons feel that the Council has illegally and/or foolishly spent public tax money before receiving the wishes of the people. � ���`� 9/19/66 Let me remind those same people that nearly 130�000 dollars of tax money was spent on urban renewal planning even after the wishes of the people were expressed at a public hearing and the subsequent vote proved the ma,'T,ority of the citizens were opposed to spending these tax dollars. As far as the legality of this type of planning, the City has in the past, and I am certain in the future requested our various consultants to prepare feasibility studies on pro�ects that were never carried out but tax monies for the studies were spent �ust the same. Neither this Council nor any other Council advocates spending that does not benefit the City If some members oI this Council are to be intimidated by this type of immature thinking it must be remembered � that it was a decision of a unanimous Council to look into the feasibility of locating in Locke Park. The vote, as decisive as it was has not changed my opinion that the present site is the most desirable " Councilman Wright said he would like to point out, in light of Mayor Kirkham's comments, that any funds expen�ed in connection with the redevelopment pro�ect in Fridley were Federal tax funds and not City funds. Mayor ICirkham said that he had uaed the words, "tax dollars." Mr. Carl Paulson, a visitor to the Council Meeting, stated that there is no distinction between Federal or City funds in the morality of squandering money, and there has been some misconception, and the people are mislnformed about the $28,OD0 spent for City Hall plans. He said this was done, by his recollection, at the order of the Council to relocate at a less expensive site to save $100,000, so the purpose of the Council was honest and above hoaxd. Mr. Paulson mentioned one of the men running fox Council and stated he felt he would serve the City well. Councilman Wright stated that Mr. Paulson was out of order, and Mayor Kirkham said that campaigning should be kept out of the Council chambers. MOTION by Councilman Wright to authorize the Administration to proceed to adeertise for bids for the new City Ha11 construction on the basis of the plans for 64th and University with itemized adds/deletes as agreed upon with the Architect. Seconded by Councilman Harris. Upon a voice vote, tt}ere being no nays, Mayor Kirkham declared the motion carried. � A visitor to the Council Meeting asked if the Council had taken into con- sideration in their plans, the possibility of a County wide Municipal Court System being brought in. He named many suburbs ihht have had to replan their City Ha11s to take care of the space requirements for this, and he felt that in about four years there wi11 be an overall change in Anoka County, as there has been in Hennepin County, and Fridley wi11 have fu11 fledged �udge, and �ury cases. He said he hoped the new building contemplated has looked forward to this Councilman Harxts pointed out that the new building will have seating in the court room for 48 people and asked iI this would be sufficient, and was told it would be plenty. Councilman Wright pointed out that the Council had gone into this in great detail in 1964, and the Architect had provided space for �ury rooms, recorder, restrooms, and 2t has been arranged so that the 7ury box rolls out of the way for Council Meetings. Mr. Gibbs, acting for the City Attorney, sa�d that the City Attorney is on a committee that hopes to prepare the bill to bring in this Munioipal Couxt system, and submit it to this legislature with the hopes of going inro this type of operation Uy January of 1968. PUBLIC HEARING ON FINAL PLAT - FROID'S ADDITION: The City Manager read the Notice of Hearing. The Council looked at the plat map and Mayor Kirkham asked if anyone cared to be heard on this item. There � was no answer. NLOTION by Councilman Harris to approve the final plat of Froid's Addition - and close the Hearing, Seconded by Councilman Sheridan. IIpon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. PUBLIC HEARING ON ASSESSMENT AOLL - ST. 1965-2; The City Manager read the Notice of Hearang. Councilman Wright stated that before the Puhlic Hearing is opened, there was an action that was appropriate for the City Council to take, which he would like to describe as to its source �14 9/19/66 aed history. He stated that the original assessment roll for 57th Avenue from University Avenue to 7th Street was made up in the same way as all other assessment rolls on the basis of cost divided by front footage. He said that property owners are assessed only for a normal width and quality street, and State Aid streets are put in at a 44 foot width with a 9 ton axle weight base and higher specifications for mixture and durability. Councilman Wright said that on 7th Street the Council gave a credit for the street surface that had been in 9 years, and the Administration has recommended that there be a credit for remaining surface on 57th Avenue toward the new street. This policy applies to State Aid Streets only, because there is the inconvenience of additional traffic on these streets, and they are more heavily travelled � streets. He said that a new assessment roll has been prepared taking this credit into consideration. MOTION by Councilman Wright that the Council Policy be that at the time of resurfacing streets of less than ten years of age, that for streets designated as State Aid streets built to State Aid standards, credit be given. Seconded by Councilman Harris. A visitor to the Council Meeting said that there has been no street at a11 where he has lived for seven years. Councilman Wright said that this will not apply in that case. Another visitor asked if this would apply to 7th Street a1so. The Council stated it would apply to any State Aid street. The City Engineer held up a map with all the State Aid streets marked. Another visitor said that 7th Street has ten times the traffic as Main Street, and asked how it compares. Councilman Wright said that Main Street is a County road and is not directly assessed. He said it would be fine if the County took over 7th Street. Mayor IZirkham pointed out that the Council does not designate which streets are to be County roads. Vote upon the motion oa Council policy; Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. MOTION by Councilman Wright, that in line with the policy �ust adopted, the alternate Assessment Roll prepared which reduces the cost of the Assessment � Roll by $3,747 on 57th Avenue, based on a credit of $1.50 per running foot for each side of the street for past assessments paid, be brought forward as the ro11 on which this hearing tonight will be based, and as a substitution for the roll previously prepared, The motion was seconded and upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. 73RD AVENUE FROM ABLE STREET TO HIGHWAY N0. 65 - MSAP 72-307-02: Mayar Kirkham asked if there was anyone present who wished to be heard on this street No one wished to be heard. 7TH STREET FROM 53RD AVENiTE TO MISSISSIPPI STREET - MSAP 27-312-03: Mayor Kirkham asked if anyone wished to be heard on this street. Mr. Virgil Haugen, 6010 7th Street Northeast, asked how the Council assessed apartments, schools and City property. The Finance Director said that all property is assessed for the same amount per front foot. He said that there are two rate -$6.20 for everyone except those who have a credit coming, and they will pay 54.76 per foot. Mr. Haugen said that it seems unfair as some apartments have eleven families and they should have to pay a little more as they are all using the street. Councilman Harris said that they do not have any more street than anyone e1se, and the street wi11 carry other traffic besides themselves. Mr. Goshy, 6030 - 7th Street Northeast, asked if the credit wi11 be the same � on all streets Mayor IZirkham said that the amount will be prorated on the age of the street, and that the streets have roughly a ten year life expectancy. Another visrtor to the Council Meeting said that they were supposed to have money in escrow For a street, but they have never had a road, and wanted to know why the City did not put one in Counciiman Wright said that if money had been put in escrow, it wi11 still be there, and that the City has a standard way of putting in the street, and if they receive a petition from r9, � � a_ � �' 9/19/66 a sufficient number of people, he would probably get his street Councilman Sheridan said that there is some money in escrow for street purposes on 7th SCreet. The Finance Director said that the money in escrow is mostly in Che Christie Addition and a few scattered lots. Councilman Sheridan stated that if this visitor's lot is one of these, the escrow wi11 be deducted from the assessment. A visitor asked if 7th Street was completed. Councilman Sheridan said there was sti11 some work to be done, probably on both the yards and streets � Councilman Wright said that he believed the only areas where work remained were some sand drainage problems at 56th and 7th Streets and possibly some drainage problem i❑ the 6400 block. Mr. Frank Lieb1, a visitor to the Council Meeting, said that some of the people on 7th Street were not happy with the pro�ect. They are not happy with the grading and that in some cases sod was put right oa sand, and trees were ripped out and replaced with smaller ones, and he said he thought some of the people have something coming Another visitor complained that they had filled a hole themselves at a cost of $25.00, and have not been reimbursed. Another visi[or said their grass had been put on top of saad, and he had had to put the mail boc back himself Mayor Kirkham suggested that the people with complaints contact the City Manager and leave the complaints with him, so they could get back to the assessment hearing Mr. Carl Paulson asked if the final inspection has been made. The City Engineer said that the contract has not been completed, and that $20,000 of the money is sti11 with the City, and any defects wi11 be corrected or the contractor wi11 get a reduced price. Mr. Thayer from the School Board,said he felt there was definite quality lacking in the workmanship on 7th Street as the manholes pro�ect out and the swale is settling. Mr. Richard Leslie, 5671 6th Street, asked why corner lots are assessed more. The Finance Director explained that it has been Council pollcy that � 1/3 of the side footage be added to the frontage, and that this is a common practice in most Cities and in some Cities they go higher than 1/3 Mr Gaylene Switzer, 5870 - 7th Street, said he thought the children crossing at 59th and 7th were going to need some protection from traffic and asked about sidewalks. Mayor Kirkham said that �f he felt this was a potential problem, it could go to the Safety Committee for their recommendatlon. Mr. Thayer said that there is going to be a prohlem, and they wi11 be taking counts to see how the walking characteristics are changing. Councilman Sheridan asked if school patrols are Ueing used on this street Mr. Switzer said, no, Councilman Wright explained the Council's policy that the flrst sidewalks were to go to the maximum top priority pedestrian traffic first, and eventually more will be done. l�ir. Paulson suggested that the sidewalks be put on the sxde of the street where the houses are located, otherwise school children and small children wi11 be crossing the street in front of traffic to reach the sidewalks. A visitor to the Council Meeting asked if the people who had to have retai.nin� walls are to be assessed more for them. Mayor KZrkham said that this would be part of the cost of the pro�ect, and they wi11 not be assessed any more. Another visitor asked if the City is restricted from placing signal lights on 7th Street and 61st because it is a State Aid Street. Mayor Kirkham said that they were not, and that the Safety Commrttee is studying this. Mr. Goshy said that for the benefit of the � people at the meeting he would like to point out that the Council has received petitions on this from the people in the area Mr. Duane L. Grant, 6260 - 7th Street, asked for the assessment on his property and also asked how long he would have to pay it off without interest. He was told his assessment was $357 with the credit, and the Einance Director sald that he would have 30 days from the hearing tonight to pay it off with- out interest, otherwise it would be spread over a 10 year period The principle would be split in 1D equal payments with 6% interest on the unpaid balance Another visitor asked if the property owners would receive a bi11 in the mail, and was told that this is the only notice 1�6 9/19/66 Mr. Switzer, Principal of Parkview, asked if the Council had an idea when the Safety Committee Study would be concluded on 7th Street. Mayor Kirkham said that they may have some recommendation after their meeting of September 21. A visitor asked if the assessment on 7th Street included the storm sewer or if that was yet to come. Mayor Kirkham explained that this was �ust the street assessment and was not an assessment for Storm Sewer Pro�ect ��5. Mr. Richard Meuleners, 5360 - 7th St, N. E., Mr. Richard Carey, 501 Bennett Drive, Mr. Douglas Suenemann, 6280 - 7th Street, and Mr. Herbert Hynes, 6270 - 7th Street asked for and received the amount of their assessments. Mr. Goshy said that in the past week he has heard statements made that the � City did not take advantage of all the State Aid funds available. Mayor Kirkham said that the City has taken advantage of a11 that were available. Councilman Wright said that perhaps there cou'ld be some confusion on the State Aid formula for figuring the funds available, and explained that it depends upon the percent of needed State Aid Streets that have been completed, so that if sometime in the future the City has 3/4 of their State Aid Street finished, they will not receive as much money, A visitor asked if the cost of the streets have gone up on 58th Avenue since the estimate. Councilman Wright said that a11 the bids have come in less than estimated MAIN STREET FROM 57TH AVENiTE TO 58TH AVENUE - MSAP 27-311-02: No one wished to be heard on this street, 57TH AVENUE FROM UNIVERSITY AVENUE TO 7TH STREET - MSAP 27-301-02: Mr. Richard J Leslie, 5671 - 6th Street, asked for and received the amount of his assessment Mr. Paulson said that he had been in the office checking on some figures, and asked if the figures had been changed since he had been in. Councilman Wright said that he had heard it changed here tonight. Mr. Paulson asked if all the State Aid funds are being applied to these streets. Councilman Wright said that if he was asking if all the State Aid funds were being put on this one contract, the answer would be no. He said that they have been credited with the difference from a normal street to a wider richer � street built to State Aid requirements Mr. Paulson said his suggestion would be that no one be assessed for these streets, as they are directly or in- directly links between County and State Highways and everyone uses them as thoroughfare traffic. He said the people had not been asked if they wanted a viaduct under I.694 on 7th Street and the cloverleafs on both highways were a dangerous situation which directed more traffic onto 7th Street. Mayor Kirkham suggested they discuss this at some other time so that everyone is given a chance to speak here tonight. Mr. Paulson said that the contract costs specify certain amounts, and asked if the contract pays for extras that were spent. Mayor Kirkham said that sometime the Council finds some change orders necessary. A visitor to the Council Meeting asked about the speed limit on 57th Avenue because there is so much late speeding traffic between 11:D0 and 1;00 A.M. She was told it was 30 miles per hour, and that a special effort could be made to patrol the area. Councilman Wright said that when a radar check was made on 7th Street, one of every three was a resident of the area. A visitor living in the apartment at 5644 - 4th Street said that the curb had been put in on the corner, then stopped in front of his property and then Phillips Company curb had been put in, and asked what happened. The City Engineer explained that the plans are not completed for the loops,for traffic control, but when they are the curb wi11 be put in. Another visitor said her lot �oined, on the west side, the DX station and asked what was being done, as her street was not finished. Councilman Wright said that � this was not part of this hearing, but that a number of things were working together with the plans to finish the service drive. He said the Highway Department and planner have suggested bringing the Service Drive back in a number of feet east of University, which means acquiring some new 1and, easements, dedications, and in some cases exchanging land for the vacated old service drive He said the Crty was only at the planning stage, and they need to know �ust where the street wi11 be. Mr. Paulson again asked the cost of this part of the pro�ect, and Councilman Sheridan said that it had been lowered from $12,774.69 to $9,058.68 and asked L_J �I ���' 9/19/66 Mr. Paulson the legal description of h�.s lots. Councilman Sheridan informed M�a Paulson that his assessment will 6e $84 per lot. Nir. Paulson said that it looked like a good thing for a person to come in and make a little fuss. Another visitor to the Council Meeting said that other people are waiting patiently to be heard also. ENT FOR STREET IMP] MOTION by Councilman Harris to adopt Resolution ��142-1966 adopting the ro11 as pxesented, Seconded by Councilman Wright Upon a voice vote, there being no nays, Mayor Kirkham declared the moCion carried, Mayor Kirkham declared the Public Hearing on St PUBLIC HEARING ON ASSESSMENT ROLL - ST, 1965-1: 1965-2 closed at 9:40 P M The City Manager read the Notice of Hearing. A visitor suggested that on each street the price per foot be given, and the people that knew their front footage would be able to figure their own assessment. Mayor Kirkham read each street and gave the assessment per front foot On 59th Avenue - 4th StreeC to 7th Street, Mr. Leonard Hoffman 5900 - Sth Street asked for his assessment. On 60th Avenue - IIniversity Avenue to 4th Street, a visitor asked if curbs and blacktop were not �ust put in last year. Mayor Kirkham explained that Yhis is the assessmenL- for that pro�ect The visitor asked when it will be continued up 60th Avenue to 7th Street. The C�ty Engineer said that this had been included in the improvement hearing and dropped at the request of the people. On 71st Way - East River Road to Riverview Terrace, a man asked if this was assessed as a combined pro�ect, as 71st Way was wider than Riverview Terrace. The City Engineer said it had been done as one project, and that it could have been separated, but that Riverview Terrace would have been slightly higher even though it is a sma11 street. The man said that he was satisfied with the way rt is being done. RESOLUTION ��143-1966 CONFIRMING ASSESSMENT FOR STREET IMPROVEMENT PROJECT N0, ST. 1965-1: MOTION by Councilman Harris to adopt Resolution �k143-1966 adopting the Assessment Ro11 and closing the hearing. Seconded by Councilman Sheridan. Upon a w ice vote, there being no nays, Mayor Kirkham declared the motion carried. Mayor Kirkham declared the Public Hearing on St 1965-1 closed at 9;50 P.M PUBLIC HEARING ON MILL LEVY (CONTINIIED�FROM 9/12/66)• Mayor Kirkham asked if anyone cared to be heard. There was no answer MOTION by Councilman Wright that the Public Hearing on the Mill Levy be closed. Seconded by Councilman Sheridan. Upon a voice vote, there being no nays, Mayor K7.rkham declared the motion carried. ORDINANCE �k347 - SECOND READING OF OR➢INANCE ADOPTING T1IL BUDGET POR FISCAL YEAR 1967: MOTION by Cou�cilman Wright to waive the reading and adopt Ordinance ;k347 and publish it. Seconded by Councilman Harris. Upon a roll ca11 vote, � Kirkham, Harris, Sheridan, and Wright voting aye, Mayor Kirkham declared the motion carried. Councilman Wright pointed out that the budget is public information if anyone had any questions. RECESS• Mayor Kirkham called a five minute�recess and the meeting was reconvened at 10:05 P.M. � � � 9/19/66 ORDINANCE - RLl: REORGANIZATION OP PLANNING COMMISSION: Mr. James Gibbs handed out copies of a proposed ordinance and a memo from the City Attorney for the Council to take home and look over. MOTION by Councilman Harris to waive the reading and adopt an ordinance reorganizing the Planning Commission as shown on the document at first reading sub�ect to correction at the second reading. Seconded by Councilman Sheridan. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. P.D. DISTRICT ORDINANCP� (TABLED 9/6/66); The City Manager asked the Council if they had any notes to forward to the Planning Commission or Crty Attorney on this proposed ordinance. Councilman Harris discussed the possibility of an ordinance of this type being challenged in the courts in another suburb. MOTION by Councilman Sheridan to waive the reading and adopt the ordinance at first reading. Seconded by Councilman Wright. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried, MOTION by Councilman Wright to request the City Attorney to prepare an additional memorandum with respect to the prospects for such ordinances if or when challenged in court. Seconded by Councilman Sheridan. Upon a voice vote, L-here being no nays, Mayor Kirkham declared the motion carried. APPOINTMSNTS: (A) ANOIZA COUNTY ASSOCIATION OF MUNICIPALITIES COMMITTEES; MOTION by Councilman Sheridan to appoint the City Manager to the Municipal Administration Committee if he is agreeable. Mr Wagner said that he would serve on this Committee. Seconded by Councilman Wright. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. CITY COMMITTEES: HUMAN RELATIONS COMMITTEE: Mayor Kirkham said that on the appoint- ment to replace Reverend Kendall, he would like to name for the Council's consideration, Mr. Walter R. Starwalt, 1021 Hackman Circle. Mayor Kirkham said that Mr. Starwalt has had a Long time of experience in scouting, is a member of the St. Anthony District Committee, is active in this type of work and is interested in Human Relatioas. MOTION by Councilman Harris to concur with Mayor Kirkham and name Mr. Walter Starwalt to the Human Relations Committee. Seconded by Councilman Wright. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. Mayor Kirkham said that on the appointment to replace Richard Herder he would like another delay. On the appointment to replace Mrs Earl Reynolds from the third ward who has resigned, Mayor Kirkham suggested that since there is so little time left of this year, and Mr. Wright will not be serving next year, the appointment be delayed until there is a new Councilman who can assist with a suggestion. Councilman Wright said that this was satisfactory with him. STREETS & UTILITIES SUBCOMMITTEE OF THE PI.ANNING COMMISSION AND BOARD OP APPEALS: MOTION by Councilman Harris to table these two appointments until the final reading oi the ordinance reorganizing the Planning Commission. Seconded by Councilman Wright. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried � � � � � � 4I 1 � 1 9/19/66 615T AND UNIVERSITY INTERSECTION (TABLED 6/21/66); The City Manager said that the State would like the Council to consider the southeast quadrant of this intersection, and the next step would be to ask the State to desLgn it according to the Council's wishes Mr. Frank Lieb1, 222 Mex'cury Drive, suggested that the Council look into the possibility of an overpass over University Avenue before they make their final decision as there will be a 1ot of children that will be usLng this intersection, especially on Saturday when there are no buses, and he believed it will be worse in the next two or three years. MOTION by Councilman Harris that because of development in th�s area and regarding the discussion with Mr. Kurpius on the southeast quadrant of University and 61st Avenue, the Council request the State to design a detached service lane that will fall within the areas previously discussed and the areas the State recommended to the Council. Seconded by Councilman Wright. Councilman Wright said he bela.eved a representative of the Texaco Company �aas preseat and cal.led on Mr. Eilers. Mr ELlers said that he could not see where the service drive wauld hurt anyone as outlined, � Upon a voice vote, there being no nays, the motion carried. BIDS - ST. 1966-2 (OPEPTE➢ NOON, SEPTEMBER 19, 1966): The City Manager read the recommendation of the City Engineer and the following bids: ST. 1966-2 M.S A.P. �k27-302-02 PLANHOLDER Alexander Construction Co 4641 Hiawatha Avenue Minneapolis, Minnesota Dunkley Surfacing Co, 3756 Grand Street N.E. Minneapolis, Minnesota Hennepin Black Topping Co P.O. 2675 New Brighton, Minnesota C. S. McCrossan, Inc Box 322, Rt. �F2 Osseo, Minnesota Park Construction Co. 51 - 37th Avenue N.E. Fridley, Minnesota BTD DEPOSIT Seaboard Surety 5% United Pacific 5% US F & G 5% United Bonding 5% U S F & G 5% BASE BID $136,009 00 $112,408.53 $105,989.50 $ 99,SD5.02 $113,526.54 COMPLETION DATE Begin 10/10/66 as speciiied 120 Days As specified June 1, 1967 120 Days MOTTON by Councilman Harris to award the bid for Street Improvement Pro�ect St. 1966-2 to C. S. McCrossan, IncorporaCed in the amount of $99,505.02. Seconded by Councilman Sheridan. Councilman Harris asked for a review of what streets these were and the City Engineer said that it was the West Moore Lake Drive, the road to Salitermans, and a11 the sidewalks which will be done after school is over. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. BUILDING BOARD MEETING MINUTES OF SPET�MBER 14, 1960: (A) CON5I➢ERATION OF REMODELING OF TEXACO SERVIC� STATION AT 61ST AND UNIVCRSITY: The City Manager read the recommendation of the Building Board that the permit be granted as per plans and specifications submitted by the owner ��� 9/19/66 Councilman Wright asked Mr. Eilers,owner of the Texaco station if he under- stood the plans for the service drive, and he answered that he did. Council- man Wright asked if there were any alterations contemplated due to the traffic pattern, or if it in any way is making it less worthwhile to them. Mr. Eilers said that there is no difference, Councilman Wright said that he wished all service stations took that position. MOTION by Councilman iaright to concur with the Buildxng Board and grant a Building Permit to Mr. Eilers and Mr. Weikle for modifications of the Texaco Service Station at 61st and University. Councilman Harris asked if the motion could include the fact that Mr. Eilers agrees with the detachment of the proposed service routing and in no way ob�ects to it as it was presented to him. Councilman Wright made this part of his motion. Seconded by Councilman Harris. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. BOARD OI' APPEALS MCETING MINUTES, SEPTEMBER 7, 1966; (1) PUBLIC HEARING ON A REQUEST I'OR A VARIANCE FROM SECTION 45.24, CITY CODE OF FRIDLEY, MINNESOTA 1963, REVISED DECEMBER 31, 1964, BY WAIVER OF SIDE YARD REOUIR�MENT FROM 5 FEET TO 1 FOOT TO PERMTT CONSTRUCTION OF A DETACHED GARAGE ON LOTS Z4 and 25, BLOCIL N, PLYMOUTH ADDITION, ANOKA COUNTY, MINNES BEING 4651 - 3RD STREET NORTHEAST, ERIDLEY, MINNESOTA.(REQUEST BY D fFR(1TT. LFiSI - 7Ril CTRRFT Til1RTAFdCT FRTMRV MTNNF'Cf1Tfl SSL.91\• The City T4anager read the motion by the Board of Appeals to recommend that the variance be granted. Mr. Cero11 was not present at the Council Meeting. Councilman Sheridan asked if there was a lot survey submitted with the request The City Manager said that there was no survey with the request, Councilman Wright said that there would be, especially when you get down to one foot, MOTION by Councilman Sheridan to direct the Administration to advise the applicant that the Council finds it necessary that a survey of his 1ot and the location of the addition shown on the survey be submitted, plus a letter from the abutting property owner showing no ob�ection. Seconded by Councilman Wright. Councilman Ldr�ght said he did not know how this got by the Building Inspector as the Building Inspector has very carefully been telling everyone that a Certificate of Survey is required especially when there is a waiver. He suggested that a memorandum be sent to the Soard of Appeals ind�cating the Council's policy with respect to a Certificate of Survey so the people wi11 be informed from them as we11 as the Building Inspector. Mayor Kirkham asked the Citp Manager to send a memorandum to the Board of Appeals. VOTE upon the MOTION; Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. BOARD OF APPEALS MEETING MINIITES - SEPTEMB�R 14, 1966: (1) PUBLIC HEARING ON A REQUEST FOR A SPECIAL USE PEAMIT TO CONSTRUCT A PARTZTN� T,OT T'OR A FiiNRRAT, AOMF: TN AN R-1 nTSTRTCT ON THE NORTH 130 FEET OF LOT 1, BLOCK l, BROOIZVI�W 2ND ADDITION, AS PER MTNNFSOTA 1963. RF.VTSED DECEMRER 31. 1964. CHA� !U 2-h. (REQUEST BY Mr. Schoen, 6800 Brookview Drive, Mr. B. P. Shimmon, 6810 Brookview Drive, and Mr. NI. W. Smith, 6801 Oakley Street Northeast, were present at the Council Meeting ob�ecting to the Special Use Permit. Mr. Smrth said he was opposed to the Funeral Home. Mr. Schoen said he had been at the last meeting to oppose the parking 1ot and the Funeral Home. He said his back door looks right into the Puneral Home. It was pointed out to them that it had been a District Court decision that allowed the funeral home in the residential zoning district. Mr. Wallace Miller, Funeral Home owner, was present at the Council Meeting. He showed the Council his plans and explained them. There was a long discussion at the Council table regarding fencing. Mr. Miller was willing to fence wrth poplar trees, a hedge or redwood fencing. Mr. Schoen said he could agree with a decorative block wall, but Mr. Mi11er ob�ected to this. There was a discussion � ' � �_ �, �. 9/19/66 of the additional traffic and stxeet parking Mr. M211er agreed that if he had the parking space, he could use portable signs to encourage people to use his parkiag rather than park on the street. The ob�ectars and Mr. Mi11er could not reach an agreement on the type of fencing. MOTION by Councilman Wxight to deny the Special Use Permit for parking until such time as the applicant can come back with a proposal that is agreeable to the neighbors. Councilman Wright suggested that Mr. Miller try to get together with his neighbors and work this out. Seconded by Councilman Harris Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carxied. � Mrs. Gerrety asked the Council if they will have to go through all the steps again. Councilman Harris said that if they can get together, it can be presented d7.rectly to the Council. Mrs. Gerrety asked if the ma�ority did not rule, as there were about 10 neighbors in favor of the permit Council- man Wright said Chat there has to be strong support among the close neighbors in a residential area. Mr. Miller asked if he needed a Special IIse Permit for parking, or if he couldn't �ust use this for parking without the permlt The CiCy Manager said that he did need a Special Use Permit. Councilman Wright suggested he contact his lawyer on this. Mr. Gibbs said that he could not represent both parties, but his opinion of the City Code was that you can. park on residential property. Councilman LFright called for a point of order and suggested that Mr. Gibbs disquaLify himself Erom speaking on this matter from this side of the Council table, Mr. Gibbs said that for the record he would like to point out that they had not represented Mr M�.11er in this petitLOn for rezoning. Later in the Council Meeting Ms, Gihbs said that he felt Mr Mi11er went away from the meeting feeling that he did not need a Special ilse Permit Mr. Gibbs said thatChapter 45.19 of the City Code states that you must have one and that he will inform Mr. Mi11er of this, Mr. Paulson suggested that the ordinance be rescinded so that I'uneral Homes cannot be in residential aeighboxhoods, Councilman Tdright pointed out that this approval was granted by the CourCs. Mr, Gibbs said that a Special Use � Permit is required. Mr. Paulson said he was speaking of the ordinance that allows the Council to do so by Special Use Permit (2) PUBLIC HEARING ON A REQUEST FOR A VARIANCE FROM SECTION 45 24 CITY CODE OF FRIDLEY, MINNESOTA L963, REVISED DECEMBER 31, 1964, BY WAIVER OF SIDE YARD REQUIREMENT OF 5 PEET TO 3 FEET TO PERMIT CONSTRUCTION OF AN ATTACHED GARAGE ON LOT 22. RLOCK 5. RROOKVTFW TF.RRACF, 3R➢ ADDTTTON_ SANfF. RETNC; 811 OVERTON UEST BY SOHN WOODARD, 811 OV�RTON DRIVE NOP.THEAST, FRIDLEY, MINNESOTA, 55432): The City Manager read the motion recommending that the rouncil grant the variance, and showed the Council�a survey. Councilman Sheridan said that this was the original survey that was drawn for the builder, and the Council cannot tell Irom this wheCher the house is on the praper spot or no*_. Councilman Harris said that this sexved only as a lot survey. The City Manager said that 99% of these surveys wi11 he correct, buc the Council felt they wanted a survey with the house shown on the lot, MOTION by Gouncilman Harxis that the Administxation advise the applicant tltat the Council requires a new certificate oP survey. Saconded by Councilman Wright, Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. � (3) TPUBLIC HEARINGTONmA REQIIESTTFOR A VARIANCE FROM S�CTION 45T24 CITY CODE OF FRIDLEY, MINNESOTA 1963, REVISED DECEMB�K 31, 1964 BY WAIVER OF SIDE YARD GARAGE lti FEET IN WIDTH ON I,OT 4, BLOCK 1, PARKVTEW HEIGHTS A➢DITIDN, SANiF BEING 1217 HATHAWAY LANE NORTHEAST, FRIDLEY, MINNESOTA (REQUEST BY 70HN L. ST. AIIBIN, 1217 HATHAWAY LANE NORTHEAST, FRIDLEY, MINNESOTA 55421)� There was no survey included with this request for a variance. MOTION by Councilman Harris that the Administration advise the applicant that the Council requires a new certificate of survey. Seconded by Councilman Wright. Upon a voice aote, there Ueing no nays, Mayor Kirkham declared the motion carried. ��� 9/19/66 PLANNING COMMISSION MCETING MINUTES, SF.PTENffiER 8, 1966: MOTION by Councilman Harris to receive and file the Planning Commission Meeting Miautes of September 8, 1966. Seconded by Councilmaa Sheridan. Upon a voice wte, there being no nays, Mayox Kirkham declared the motion carried. PARIZS AND RECREATIQN C�MNiISSION MEET7NG MINUTES, SEPTEMBER 6, 1966; MOTION by Councilman Harris to receive the minutes of the Parks and Recreation Meeting noting their recommendation for study of an adequate pedestrian accommodation when the future 61st Railway Underpass is constructed and pass ' this onto the Engineering Department for their consideration and an idea of the cost. Seconded by Councilman WrLght. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. APPOINTM�NTS: MOTION by Councilman Harris that the following appointments be approved: NAME 7udith Katharine Lentz 6053 - 3rd Street N.E. Fridley, Minnesota 55421 Juel Ana Mercer 615 Cheryl St. N. �. Fridley, Mmnesota 55432 Patricia Sykes 5432 Madison St. N E. Fridley, Minnesota 55421 POSITION Receptionist (effective 9/26/66) Clerk-Steno Engineering Department Special Assessment Clerk REPLACES Leona McGuire Pat Sykes Jacqueline Ann Purcell Seconded by Councilman Sheridan. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried DISCUSSION OF POSSIBLE DANG�ROUS BUILDING ACTION, 6001 UNIVERSITY AVENUE NORTHCAST• Mr. Gibbs sa7�d that the City Attorney had written Mr. Marchiafava, but has received no reply. MOTION by Councilman Harris to direct the City Attorney to contact the owner, Mr, Marchiafava, and request him to present plans for destroying or remodeling this building in conformance with the Building Code. The City Attorney should inform the owner that the alternative is condemnation under the ➢angerous Building acrion which the Council will do if they have not received the proposed updating of the building by October 3, 1966. Secoaded by Councilman Wright. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried Mayor Kirkham asked what has happened in the matter of the pickle factory. The City Manager said that he has not been able to contact the owner, but he had talked to the City Attorney about it, and the Attorney has written him giving him until sometime in October, at which time the City will begin tearing it down. Councilman Wright suggested this information 6e mailed to the owner by registered mail to make sure it gets there and proceed on the date named. Councilman tidright requested that this item be on ttie agenda of October 3, 1966. CHANGE ORDER NO 5- W-75-A: Councilman Harris asked the Consulting Engineer for an explanation of this change order. Mr. Comstock said that the hydrant �aas installed for service to the hockey rink, that the location of the we11s is different so there were additional frttings, the heating item was the Dedolph item discussed at the last Council Meeting, caused by delays and they recommend approval. Mr. Comstock also explained the deductions, and said that this change order wi11 be incorporated into the present contract, which will make it $18�245 which is still below the estimate. Councilman Wright asked Mr. Comstock � ' ��, �-, �:� � : 9/19/66 if this change order will remedy any course of action Dedolph has against the City, and Mr. Comstock said he could not say. MOTION by Councilman Har'ris to approve Change Order NumUer 5- Water Improve- ment Pro�ect 75-A. Seconded by Gouncilman Sheridan Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried, REPORT ON WATER RATES: CouncLlman HarrLS saLd that he had gone over the briei the City Manager � had prepared, and that he thinks Schedule 5 or 6 comes cLosest to what the Council has been discussing. He suggested they use this rate schedule but say 10,000 rather thaa the first 6,OOD. The City Manager said that hearing the Council's comments was the reason he had not pursued running these last two schedules through the IBM Service Bureau Councilman Sheridan asked if IBM could have a report back for the Council's study before the October 3rd meeting� The City Manager said that it should take a week at the most. The Councll discussed what Schedule the CZty Managex should have run through the ISM Service Bureau. The City Manager looked up the iigures and found that in District 1 during the sutnmer months there were only 104 homes that used under 10,000 Gallons, and during the winter months, 80% of the same distrzct used over 10,OOD gallons. Councilman Harris suggested a combination of Schedule 5 and 6 such as 6,000 at 40G, next 24,000 at 38�, next 20,000 at 34�, next 50,000 at 30�, next 100,000 at 28�, and a11 over 200,000 at 26c per thousand which would make the minimum $2.40 Councilman Sheridan suggested they make the first 10,000 at 40�, the next 20 at 38p and so on, which will make the minimum $4.00 and bring the average out at 34p or 25p. The Council agreed with this and called it Schedule 7, GounciLman Wright stated that the City does not want to make a profit, �ust a proper small gain to maintain a small fund, but that sewer should take care of itself. The City Manager pointed out that the City has a couple ISM services coming and the Council suggested running Schedule 6 through a1so, MOTION by Councilman Harris to request the City Manager to run Schedule 6 and the Council approved Schedule 7 for the nexC Council Meeting Seconded ' by Councilman Sheridan Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. CLAIMS• MOTION by Councilman Harris to approve for payment General and Public Utilities Claims 9599 through 9632 and Liquor Claims 351 througl7 386. Seconded by Councilman Sheridan. Upon a voice vote, there being no nays, Mayor Rirkham declared the motion carried. ESTIMATES• MOTION by Councilman Harris to approve the following estimates for payment: 5. C. Smiley & Associates Suite 12 1750 HENNEPIN AVENUE Minneapolis, Minnesota 55403 Professional Services Rendered Fridley Civic Centex Locke Park $ 3,527.89 ( -103.40) Cot�rected Figuce -($ 3,424.49) � Northern Asphalt Construction Company 610 - 67th Avenue N. E. Minneapolis, Minnesota For work completed on O.E.P. Sanitary Sewer Repairs-construction of base and surfacing on Able Street between West Moore Lake Drive and Caro1 Drive where street was disturbed during sanitary sewer repair $ 2,341.75 � ? � 9/19/66 Sandstrom & Hafner, 749 Forest Dale Road St, Paul, Minnesota 55112 Estimate No. 1- Water, Sanitary Sewer and Storm Sewer Improvement Pro�ect No 79 according to coatract (Commerce Park, Swanstroca Court, etc) (partial) Izeys Well Drilling Company 413 North Lexinton Parkway St. paul, Minnesota 55104 Estimate No. 16 - Water Improvement Pro�ect No, 75-A, according to contract (Three Additional Drift Wells) (partial) Randall & Berglin 6801 Plaza Curve Minneapolis, Minnesota 55432 $31,384.50 $15,052.98 Por work completed in connection with emergency repairs of storm sewers in the 73rd Avenue,A61e Street,Van Buren area under O.E.P. Program $ 1,653.41 Comstock & Davis, Inc. Consulting Engineers For resident inspection and 1446 County Road "S" resident supervision for the Minneapolis, Minnesota 55432 staking out of the construction work for the following: Estimate No. 18 - Water Improvement Pro�ect No. 75-A (Three Additional Drift We21s) Estimate No. 7- Water Impro�ement Pro�ect No, 75-C, Schedule 1 from August 1, 1966 through August 27, 1966 (Three Million Gallon Reservoir) �srimate N�, 3- Street Zmprovement Pro�ect No. 1966-5 from August 1, 1966 through August 27, 1966 (Innsbruck Sth Addition) Estimate No. 2- Sanitary Sewer, Water and Storm Sewer Improvement Pro�ect No. 79 from August 1, 1966 through August 27, 1966 (Comnerce Park, Swanstrom Court, etc ) �stimate No. 7- Water Improvement Pro�ect No. 75-C, Schedule 2, from August 1, 1966 through August 27, 1966 (High Surface Pumps and Three Additional Filters-Commons Park) Dunkley Surfacing Company 3756 Grand Street Northeast Minneapolis, Minnesota 55418 Estimate No. 4(Partial) Street Improvement Pro�ect No. 1966-Z, Schedule A(Oak Grove Addition, Riverview Ileights, etc,) C. S. McCrossan, Inc. Ronte 4F2, Box 322 Osseo, Minnesota Estimate No. 3(Partial) Street Improvement Project PIo. 1966-4, Schedule A(Plymouth Additlon) � $ 85.00 $ 200.00 ' $ 574.00 $ 1,070,50 $ 510,00 $46,972.26 $33,228.56 , � � � � � 9/19/66 Seconded by Councilman Sheridan. Councilman Wright said that Che S. C. Smiley & Associates estimate does not indicate the oral confirmation that this is the final payment on that pro�ece, and he would like to amend the motion that the estimates indicate that the payment under the first estimate to S. C. Smiley & Associates is the final payment and is coirected by $103.40 downward. Seconded by Councilman Harris. Vote upon the amendment: Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried Vote upon the Motion: Upon a voice vote, there being no nays, Mayor ICirkham declared the motion carried. Councilman Wright suggested the Council consider the payment of the pxeviously contested fee to Smiley & Associates He said he believes that the City Attorney has made a recommendation to pay the fee which is approximately $7,000. MOTION by Councilman Wr�ght to pay this contested fee. Councilman Harris said the records should show that this bill was incurred in February, 1965 and was not incurred by this present CounciL Councilman Wright said it was acceptable to him to make this part of his motion, Secoaded by Councilman Harris. Upon a voice vote, ehere being no nays, Mayor Izirkham declared the motion carried. LICENSES: MOTION by Councilman Harris to approve the following licenses; EXCAVATING Rosetown Sanitation 1769 Pleasant Street Lauderdale, Minnesota GENERAL CONTRACTORS Pemtom, Incorporated 8053 Bloomington Parkway Bloomington, Minnesota Earl Weikle, General Contr. 4533 Snelling Avenue South MinneapoLis, Minnesota MASONRY G�erstad & Vikiagson 6331 Brooklyn Drive Minneapolis, Minnesota Wayne Goldenstein Co. 2860 - 132nd Avenue N. W. Anoka, Minnesota CIGARETTE LICENSE Tom Thumb Superette 6229 Highway ��65 N. E. Fridley, Minnesota Colonial House 6215 UniversLtp Ave. N, E. Fridley, Minnesota CAFE LICENSE Howard Sohnson's Restaurant 53rd & Central Avenue N. E. Fridley, Minnesota by� Walter Hermes by: Bruce Thomson by by Earl Weikle Luverne H. Gjerstad by: Wayne Goldenstein by: K& P Company, Inc. by: Ione M. 6nderson hy: John Steichen NEW RENEWAL NEW R�NEWAL RENEidAL � ^JJ � 9/19/66 Colonial House 6215 University Ave. N. E. Fridley, Minnesota OFF SALE LICENSE Red Ow1 Stores 6525 University nve.N. �. Fridley, Minnesota Tom Thumb Snperette 6229 Highway ��65 N.E. Fridley, Minnesota by; by Ione M. Anderson Red Owl Stores, Inc. by; K& P Company, Inc. The motion to approve the licenses was seconded by Councilman Sheridan. Councilman Wright made a note of the fact that at the time the Special Use Permit was discussed for the funeral home, the contractor for the Funeral Home was not a licensed contractor. Upon a voice vote, there 6eing no nays, Mayor ICirkham declared the motion carried. RESOLUTION 4�144-1966 - DETERMINING THE NECBSSITY OF AND PROVIDING FOR A TAX LEVY IN EXCLSS OP NORMAL CITY CHARTER TAX LIMITS: MOTTON by Councilman Harris to adopt Resolution 4�144-1966, Seconded by Councilman Sheridan. Upon a voice vote, there be�.ng no nays, Mayor Kirkham declared the motion carried. RESOLUTION 9r`145-1966 MAICING A TRANSFER FROM THE PIIBLIC UTILITY FUND TO IMPROVEMCNT BONDS OF 1960 FULVD, IMPROVEMENT BONDS OF 1962 FUND, IMPROVEMENT BONDS OF 1963 FUND, W-75 SdATERW0RK5 IMPROVEMENT BOND FUN➢, AND REFUNDING BOND FUND: The City Manager explained that when a bond is floated the tax levy is made, and when the funds are available the City certifies to the County that this cash is coming forthwith and the County levies the difference. MOTTON by Councilman Wright to adopt Resolution ��145-1966, Seconded by Councilman Sheridan. Upon a voice vote, there bezng no nays, Mayor Kirkham declared the motion carried RESOLIITION ��146-1966 CERTIFYING TAX LEVY REQUIREM�NTS FOR 1967 TO COUNTY OF ANOKA FOR COLLECTION: MOTION by Councilman Wright to adopt Resolution ��146-1966. Seconded by Councilman Sheridan. Upon a voice vote, there being no nays, Mayor KLrkham declared the motion carried. RESOLUTION �,F147-1966 ORDERING IMPROVEMENT AND I'INAI, PLANS AND SPECIFICATIONS AND ESTIMATES OF COSTS THERP�OF: STREET IMPROVEMENT PROJECT ST. 1966-1 - ADDENDUM �'�3: MOTION by Councilman Harris to adopt Resol,ution �r�147-1966. Mr. Sohn Meyer asked if the blacktop was to be stopped between Broad and Riverv_ew T�rrace, and if so where would the water in the street go during a heavy rain? The City Engineer explained that there will have to be a storm sewer from Broad to Riverview Terrace on the river because of springs. He said that for now catch basins will be iastalled at the end of the paving, and there may be a need for two additional ones later when the paving is finished. The motion was seconded by Councilman Sheridan, and upon a voice vote, there be�.ng no nays, Mayor Kirkham declared the motion carried. PROPOSED R�SOLUTION AUTHORIZING AND DIR�CTING THE SPLITTING OF S ASSESSMCNTS ON LOT 17, PARCLL 306, CLOVCR LEAF' ADDITION (SUBJECT Tnecn,rcn.m n�ren nlnvm„ 'In� en,.mi, 'In� nnm r.TCCm 'in�1_ The Finance Director recommended tabling this Resolution as the buyer and seller are not in agreement as to who will pay. MOTION by Councilman Harris to table this Resolution and to request the � � , L� L..J --, � �:�� 9/19/66 Finance Director to report back to the Council at the next Council Meeting, Seconded by Councilman Sheridan. Upon a voice vote, there 6eing no nays, Mayor Kirkham declared the motion carried. COMM[7NICATIONS ; LAMETTI & SONS, INC,: MAINTENANCE AGREEMCNT: The City Manager said he had talked to the City Attorney about th;.s, and if the Council is in agreement Che Administration can be authorized Co accept this agxeement. The Consulting Engineer explained the reasons Lametti & Sons, Inc., wanted to extend its warranty from one year to three years Councilman Harris asked him if he recommended this agreement be entered into The ConsuLting Engineer said yes he would as there will be a corporate surety bond 250% greater than the original price, and that they did not anticipate any problems, MOTION by Councilma¢ Harris to instruct the 9dministration to enter into an agreement with I,ametti & Sons, Inc. regarding an extended warranty on sCreets so named in the communication. Seconded by Councilman Wright Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried (B) SEXTER AEALTY: Mr. Gibbs said that he had an agreemenr from che Sexter Realty which is the same type of agreement MOTION by Councilman Harris to receive the document from Sexter Realty and turn it over to the City Manager to include in the next agenda. Seconded by Councslman Sheridan. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. (C) LOCAL �'�49: BUDGET• MOTION by Councilman Harris to receive the communication from Local 1r`49. Seconded by Councilman Sheridan, Upon a voice vote, there being no nays, Mayor Kirkham declared the moCion carried. BOARD OF HEALTH; REPORT THItOUGH AUGUST 31; Councilman Harris asked what happens on the complaints to abate a nuisance. He asked if they were given to the City Attorney, The City Manager said that the Health Inspector would discuss any legal problems with the City Attorney, but that basically, he follows up these items himself. Councilmatt Wright said that there is a$ealth complaint against the City because of dumping on the river, and asked about this, The City Manager said Chis has been turned over to the Public Works Department. MOTION by Councilman Harris to receive and file the Board of Health report. Seconded by Councilman Sheridan. llpon a wice vote, there being no nays, Mayor Kirkham declared the motion carried. (E) SAC�7MAN - ANDERSON: INSURANCE REPORT: The City Manager said that he has �ust received this report and has not duplicated it, as Zt is quike extensive, He said Bachman-Anderson suggested it be referred to the agent for the Hartford Insurance Company as they handle most of the City's insurance. CouncLlman Sheridan suggested thae Bachman- Anderson be asked to reproduce enough copies for the Council. � MOTION by Councilman Harris to receive the communication iromBachman- Anderson and refer the document to the Insurance Committee for their comments to be returned to the Council at the earliest possible moment, and request five additional copies of the report from Bachman-Anderson, Seconded by Councilman Sheridan. Upon a voice vote, there Uezng no nays, Mayor Kirkham declared the motion carried. (F) DALBERG BUILDERS, INC : TAX FORFEIT PAOPERTY: The Finance Director explained that Mr. Dalberg would like to Uuy the portion � � � 9/19/66 of Lot 27 which is a sma11 piece of property that is tax forfeit, but the County has withdrawn a11 tax forfext property until they hold a sale, which they thought would be this fall, but it now appears the sale will not be held until next year He explained that Mr. Dalberg would l�ke to purchase this piece of property to make two building sites and it is no gobd to anyone else, but the Cxty is the only one that can buy tax forfeit property at present, Mr Dalberg would like the City to buy it and se11 it to them. Councilman Wright said that he did not think this was legal. Mr. Gibbs did not know if this would be legal. MOTION by Councilman Harris to refer thts communication to the City Attorney to have a 1egality report back by the end of the week. Seconded by Council- ' man Wright. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried, pfayor Kirkham told Mr. Dalberg that if it is legal, he would have no ob�ection to doing it. (G) LEAGIIE OF WOMEN VOTGRS OP FRIDLEY: VOTER REGISTRATION: MOTION by Councilman Harrzs to receive and file the letter from the League of Women Votexs and commend them for their Voter Registration Drive. Council- man Wright said he would like to amend the motion for the benefit of the press and take note of the fact that the Voter Registration Drive will be held by qualified Deputy Registzars who are members of the League of Women Voters. The drive �ai11 be held October 14th and 15th and the proposed locations are the Fridley State Bank, Penny's Market and Country C1ub Market. Councilman Harris agreed with this as an addition to his motion. Seconded by Councilman Wright. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. VISITORS• Mr. John Meyer said that earlier in the meeting Mayor Kirkham had stated that the Federal Urban Renewal plan cost $130,000 and he wished to correct this figure and stated that it was actually approximately $70,000, none of which was paid by the Gitizens of Fridley as a part of their municipal taxes, instead this money was paid in part by every taxpayer in the Country. He ' said this was only fair as a portion of Fridley's taxes have been going to hundreds of communities all over the Country since 1949. Mayor IZirkham said that he accepted the figures that their records show, but that tax dollars are tax dollars. Mr, Carl Paulson asked about the procedure for removing buildings that are unsafe. He mentioned a building that has been vacant five years and appears to be a hazard to children if theq should break in. Mayor Rirkham said that if he was speaking about a particular building, he should bring it to the attention of the Council and they could investigate, and if it is �udged a dangerous building, action could be started against it, Councilman Wright said that this could be given to the Health Inspector, which is one of a large num6er of actions open to the Council against old buildings Mr, Paulson sazd he wanted to make sure it went to the right person. Mayor Izirkham said to bring the details to the City Manager. The City Manager said that at least three memos a week go to the Health Inspector, but these things do take time. Mr, Meyer said he would like to ask Mayor Kirkham his views on the significance of Public Hearings, espec�.ally as relates to the sentiments expressed there and how binding they are on a Council to follow. He said he had detected that Mayor Kirkham felt at the first hearing on Urban Renewal that a ma�orrty of the people voted against it, and he had based many of his views on this feeling it was the expxession of the general populace. Mr. Meyer said he felt differently about Public Hearings. � Councilman Harris said that a Public Hearing is an indicator of how the people fee1, and 1t appeared from both of these aaeetings (IIrban Renewal and Crty Ha11) that the sentiments at the hearing were the ma�ority vxew. Mr. Meyer said that if the people thought their vote would count, the public hearings would be packed. Mayor Kir[cham said he thought 1�Ir. Meyers was the only one that felt that way, and he felt the public does make their thoughts known at hearings, and that the people do come if they are interested in something and let their feelings be known. Councilman Harris said that there have been some hearings which had led him to believe that the people ��r� .0 � 9/19/66 did not want a certain pro�ect and in the end the Council has not gone through with the project Mr Paulson said that if the Council were to be bound by a vote at a Public Hearing, there would be a big propaganda program and not democratic government. He said that this is going on in this community right now which is the reason he is going to start what is called a"Townhall Meeting". NARROW BOULEVARDS ON MISSISSIPPI STREET: Councilman Harris said that �loomington is presently filling in their narrow � boulevards, as we have on Mississippi Street, with either blacktop or concrete He said that they have found that the salt used in the winCer adheres and the sod never grows. He had talked to the contractor who had done this work and he had indicated in the future he would xecommend the same in Pridley as it would have been cheaper for him to put ii� concrete to the curb line rather than come back with the backfill and sod. The City Manager mentioned the safety hazard of inviting chLldren to walk that close to the curb, especially on a high speed road. Councilman Harris said that if it had been done in blacktop, the children probably would stay on the cement, and suggested the Council take this under consideration the next time they have a pro�ect of this kind, Councilman Wright said that this was a good poinC to raise, and another possibility would be to have plantings every so many feet which would discourage people and bike riders close to the curb. � � DRIVE-IN ON EAST RIVER ROAD: Councilman Wright said that ao action has been Y.aken against this drive-in because the Council has been waiting for the report from the Health Inspector, but now that they have received the report, he felt it would be appropriate to institute dangerous building 1iCigation against it, MOTION by Councilman Wright to direct the City Attorney to consult with the Health Inspector to determine at what point dangerous building action should begin, and if it should begin at once, to prepare the appropriate resolution for the next Council Meeting. Secoaded by Councilman Harris, Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. N.J � 1�� f�111F There be�ng no further business, Mayor Kirkham declared the Regular CouncLl Meeting of September 19, 1966 ad�ourned at 12:15 P,M. RespectEully submitted, �/L'/'e�r� ; � < </�' yL'-' z�` � � ,�' � U`-� Mary Lu Strom Acting Secretary to the Council �1 , / r- � � .��eet'-�l`�� )�2��-.�<<� ,=`�dACK 0. KIR - MAYOR _/ THE MINUTES OF THE REGULAR COUNCIL MLETING OF OCTOBER 3, 1966 The Regular Meeting of Che Council of the City of rridley was caLled to order by Mayor Kirkham at 8;05 P.M ROLL CALI, : MEMBERS PRESENT: Kirkham, Harris, Sheridan, Wright,5amuelson MEMBERS a$SENT: None APPROVAL OF MINUTES, REGULAR COUNCIL MEETING, SEPTENIBER 19, 1966: MOTION by Councilman Sheridan to adopt ,the Minutes as submitted. Seconded by Councilman Harrls. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. REPRESENTATIVE FOR STRITE-ANDERSON CORPORATION - ZONING INFORMATION: