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09/18/1967 - 00020668� r , � THE MINUTES OF TFIE REGULAR COUNCIL MEETING OF SEPTP�MBER 18, 1967 The Regular Council Meeting of the City of Fridley was called to order by Mayor Kirkham at 8:15 P M. OPENING CEREMONY: Mayor Kirkham asked the audience to stand and �oin in sayLng the Pledge of A1legiance to the Flag. Mayor Kirkham introduced Reverend Stone and asked him to l�ad the audience in an invocation Mayor Kirkham said that this would be a regular part oS the Council Meeting opening from now on, as sponsored by the Ministerial Association of the City of Fridley Reverend Stone said that on behalf of the Ministerial Associ_�tion, the Ministers were very much interested in the activities of the City Council and are happy to have a share in the work by the invocation, Reverend Stone said the invocation ROLL CALL MEMBERS PRESENT: Kirkham, Liebl, Harris, Sheridan, MEMBERS ABSENT: Samuelson APPROVAL OF MINUTES, REGULAR COU[VCIL MEETING, SEPTEMBER 5, 1967: MOTION by Councilman Lir=b1 to adopt the Minutes of the KeguLar Council Meeting of September 5, 1967 as s¢bmitte3 Seconded Uy Councilman Sheridan Upon a voice vote, there being no nays, Mayor ICirkham declared the motion carried. APPROVAL OF MINIITES, SPECIAL COUNCIL MPETING, S��PTEN[BER 11, 1967: MOTION by Councilman Harris to adopt the Minutes of the Special Council 1Iearing Council Meeting of September 11, 1967 as submitted Seconded by CounciLman Liehl. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. ADOPTION OF AGENDA: Mayor Kirkham said that under 01d &usiness, Item 1 should be added, "D�scussion of Pro�ect d�87" Item 25A under New Business should be, "Stinson Boulevard Agreement", and Item 26, "Secretarial Help for the Court" fle said that Item 2 under Old Business, "Second Reading oi Nuisance Ordinance", Item 3, "Second Reading of Ordinance Regulating Transient Merchants, Peddlers and Solicitors", and Item 9 under New Business, "First Reading of Air Pollution Control Ordtnance" should be deleted because there is such a long agenda, they would not receive the proper consideration MOTION by Councilman Harris to adopt the agenda with the suggested changes Seconded by Councilman Sheridan. Upon a voice vote, there Ueing no nays, Mayor Kirkham declared the motion carried REGULA.R COUNCIL MEETING, SEPTENII3ER 18, 1967 - STREET IMPROVEMENT PROJECT N0. 1 SESSMCNT POR STREET IMPROVEMENT PR 1966- PAGE � The City Manager read the Notice of Hearing and explained that this is the assessment hearing, and that the impravement hearing has been held previously. He said that the purpose of the hearing is to discuss or complain about indLVidual assessments and to see that the pro�ect has been equitabl� spread The City Manager said that there are 16 separate areas in the pro�ect, and in some cases the streets have been lumped together where the work was similar. Mayor Kirkham said that for the purposes of an orderly ltearLng, the areas would be taken one by one 66TH AVCNUE - ARTHUR STREET TO STINSON BOUL�VARD: Mayor K2rkham said that if there was anyone present who was interested in receiving their actual assessment, they could ca11 the C1erk at the City Ha11 during the regular working hours, as it would take too long to give everyone their individual assessments at the hearing. I JI Mayor Kxrkham asked if this assessment included storm sewer at the end of Anoka Street and Fridley Street. The visitor asked if the people within 300 feet of the corner of 66th Avenue and Anoka or Fridley wi11 be assessed for the storm sewer Tlie City �ngLneer said that if the water drain�ng on Pridley and Anoka Streets is going to this pipe, they will be assessed for storm sewer, if it is not, Chey will not be assessed He explained that � the Council has chosen to assess this street pro,7ect at two different rates. 66z AVENUE - ALLEY TO STINSON BOULEVARD: Mr Ray Carlson, 1621 66yz Avenue Northeast, said that the curbing on the south side of 66z Avenue had to be replaced due to an error in surveying, and st�ted he would like to know what happened to this cost The City Engineer said that this would be part of the engineering cost of the pro�ect CouncLlman Sheridan said that rt comes out of the general fund as part of the City's Engineering Depattment costs Councilman Harris said that unfortunately these things can happen, and the Council does not charge them to the property owners Councilman Liebl said that everyone wi11 pay for it. Another visitor asked the footage costs Mayor Kirkham said they would be $7.11 per foot on the north side and 54.41 per foot on the south side. ANOKA STREET, FRIDLEY STREET AND MCKINLEY STREET: Mayor Izirkham explained that tllere has been some storm sewer work done on Anoka Street and on I'ridley Street, but not on McKinley Street. He said that where the storm sewer is included the rate would be $10.02 and if there is no storm sewer, the rate is $6.88 per foot. Mr L R Wood, 6630 Mr_IZinley Street, said that he was being assessed $652 for � his frontage on McKinley Street and $352 for 66� Avenue for a total of over $1,000, while the three houses on 66z Avenue are only being assessed $625.88. Councilman Harris explained that it was the policy of the Council to spread the assessment halfway down the block, and that a side yard is assessed 1/3 of the rate The City Manager said that on this whole roll, there w uld he 25 difierent rates, or they could have been Lumped together and they would REGULAR COUNCIL MEETING, SEPTEMBER 18, 1967 � talking about one rate, but there should be a fair distribution oi the cost He said that in the Oak Grove and Clark Addition, there are four different _ ratss in an attempt to make it equitable. Mayor Kirkham asked Mr Wood to goint out his 1ot on the map. There was a conLerence with some of the people from this area at the Coancil table PAG� 3 Mayor Kirkham said that frequently people at street assessment hearings do not appreciate the Council's policy regarding assessing, but a past Council had to adopt a po:icy that could Ue used from that tLme on until all streets were in and improved, iL- this were possible lle said that the policy that Fridley uses is a policy adopted Uy many other communities He exnlained that a property owner pays for half the front street and 1/3 the cost of L-he side street which is spread halfway down L-he ULock He said that eventually everyone will pay the same as everyone else A visitor to the Council Meeting asked who would be assessed when Stinson Boulevard was put in. Mayor Kirkham said that the people in front of it from 66? Avenue to the south will pay the full cost, and when Stinson Avenue to the north goes in someday, the people will share in the cost as being their side street. Councilman Sheridan said someone had asked him how the front of a 1ot was determined. He explained that it has been the policy of the Council that the narrowest part of the lo� is the address side �OT �Su^_-S6RfRt �UYpOSE��. A visitor asked if the cost of the relocation of the fire hydrant wi11 Ue � included in the assessment. Mayor Kirkham said that it would be part of the total pro�ect assessment. Another visitor asked why her assessment was different from the property across the street from her, as she 1i�es in the middle of the block There was another conference at the Couacil taU1e, and it was explained that one of the sides of the street is a longer Ulock, and there are more people to share the assessment A visitor asked if this assessment ro11 was adopted, would the figure remain $6 88 where there is no storm sewer as quoted. Mayor Kirkham said that it would be the same, as the pro�ect is in already UNIVERSITY SERVICE ROAD - 73RD TO 75TH AVENUE: Mayor Kirkham gave the rate for this poction as $13 91 per foot There was no one that wished to be heard BROAD - FAIRMONT TO LAFAYETTE• A visitor said that on the north side, as far as Broad is concerned, the street is not completed, and �ust a few feet off ICimball Street is Coon Rapids, and he asked if Coon Rapids wi11 be assessed for the improvement Mayor Kirkham said that the reason it is not completed is because Coon Rapids did not want to go along with the pro�ect, buL they wi11 be assessed when they complete their side of the pro�ect. The City Manager gave the Cost at $2 21 per foot. He said there were two areas where no curbs were installed � and these were assessed at $L 38 and $1.25 per foot Councilman Harris said the difference in cost is the difference between temporary streets and a permanent street with curb and gutter RCGULAR COUNCIL MEETING, SEPTEMBER 18, 1967 LAPAYETTE, KIMBALL, JANESVILL�, I?tONTON, INGO, GLENCOE & FAIRMONT: A visitor asked how co�ne half of the people from LafayeCte To Llast River Road have to pay for Broad, Uut the half from East River Road to the west wi11 never have to pay. Couacilman Harris said that there is no method of- assessing on County roads, as this would be against the 1aw. He said that the County funds are paid out of City rates and the State matches this, so there is no way the County can assess Councilman Lieb1 pointed out that these people have more traffic and more problems to put up with on a County road Mayor Kirkham said that eventually curUs and sidewalks wi11 be put in that these property owners will have to pay for Another visitor said they had the same situation on Glencoe between Aiverview Terrace and Broad, and there is no County road there. Mayor Kirkham said that I3road is considered their side street, and the cost is assessed half- way down the block on either side of Glencoe, and someday when the street along the RLVer is puC in, the people towards the river on Glencoe wi11 pay oa that A Lady complained that she felt this was unfair taxation Councilman Liebl said that 10 years ago the Council had adopted this policy The woman said that if a mistake had been made in the past this Council could rectify it Councilman Liebl said that this had been a decisLOn made, not a mistake, and the present Council was bound by the policy Mayor Kirkham said that if the policy was changed now, the City would have a lawsuit from every owner that has been assessed during the last 10 years. A visitor asked about a home facing Broad. Mayor Kirkham said it �,o uld make no difference whether tlie front door was on one street or another, the narrow side of the lot is the front. A visitor said the Council cannot tax him as Broad Avenue is not cempleted. Councilman Sheridan said that he could be assessed for any part that is constructed. The visitor said that it had not been sealcoated yet Councilman Harris pointed out that the City could not sealcoat it as there is no storm sewer, but it wi11 be sealcoated when compLeted A visitor explained that he had an 8 foot easement to be used for going to the public well, but the we11 had been closed down. Now it is going to be opened again and no drive had been put in Mayor Kirkham suggested he discuss this with the Engineering Department. Another visitor asked why Broad was resurfaced without asking the people. Mayor Kirkham said that a hearing had been advertised and conducted on the fu11 pro�ect A visitor asked when the assessments would be due, and the City Manager explained the procedure for paying the assessments to the audience, A visitor said he would like to commend the engineers for the remarkable �ob they did under the conditions they had to work under. 75TH AND HAY�S STREET: Mayor Kirkham gave the rate of Assessment as $7.93 per foot to be heard MP.DISON STREET - LYRIC LANE TO OSBORNE AOAD: Mayor I�irkham gave the rate of assessment as $9.29 per foot to be heard No one wished No one wished PAGE 4 � � � � � � REGULAR CDUNCIL MEETING, SEPTEMBER 18, 1967 LUCIA LANE - 68TH PLAC� TO 300 FE�T SOUTII: PAGE 5 Mr. and Mrs. Carl Swanson, 6663 Lucia Lane, said they ob�ected to the assessment because they owned approximately 497 feet on Lucia Lane and about 8 years ago, they paid for 160 feet of street They asked why they had to pay for the streeC again when the rest did not have to be resurFaced The City Manager said that any street that is 8 years old under the speci- fications enforced at that time, has outlived its uselulness by a couple of years, Mrs. Swanson said that the contractor had quit digging up the road at their 160 feet of surfacing. She said the Council had said they would give a refund for useable surFace, but they are paying the same amount She felt they were entitled to an ad�ustment Mr Swanson asked what the assess- ment had been on 68th Place. Councilman Harris said that it was $14 50 on each side of the street, and their assessment was $8 29 which amounted to only half as much Mrs. Swanson asked the cost of resurfacing per foot The City Manager said that this cost is what was spent in this area, and if something couLd be salvaged, it would be reflected in tlze price, other- wise it would have been higher Councilman Harris said that $4725.30 had been the cost in this area, and he assumed that if they had dug down, it would have been more Mrs. Swanson asked that this area be tabled. Councilman Harris said that whether or not the Council adopted the assessment roll would not make any difference, if they wanted to appeal it by 1ega1 action The City Attorney said that there would be nothing for the Swansons to appeal, unless the resolution was passed, and the record wi11 note their ob�ections which wi11 protect their position. Councilman Sheridan asked the City Engineer what a new mat would cost if the base is in already. The City Engineer said it would be approximately $Z.00 per square foot. Mrs Swanson said that when it rains, people are unable to drive on the street, and if the C�.ty is talking abouC a storm sewer for the future, who will pay the cost of raising the road in the meantime. The City Engineer said that this is always one of the problems when a fu11 pro�ect is not put in 68TH PLACE AND HIGHWAY #65 SERVICE DRIVE: Mr. Robert P. Minder, 550 Rice Creek Boulevard, was present at the Council MeetLng and asked if this included 68th Place The City Engineer said that it did. Mr. Minder said he owned two lots at the north end of the service drive. He said he had paid in full for 68th Avenue, which is his property, and now he questions why he had to help pay for any part of 68th PLace He said the other people �_did not help pay for 68th avenue The City Manager said that Mr. Minder had a good point, and this certainly was open to con- sideration, but the hearing had been held this way Councilman Harris pointed to a location on the map where he felt the area should be split The City Manager said that this roll had been made to keep to the establtshed policy. There was a discussion at the Council table Councilman Harris said that whether there are two properties or 50 properties, the aUutting property that benefits should pay. Mayor Kirkham did not feel the Council could deviaCe from their policy. Councilman Harris poinLed out that Mr Minder is actually paying for two side yards Mr Minder said that the figures were all right, but he was ob�ecting because the Council had not followed their formula, and asked that the Council split the area and continue their present policy There was a discussion on what had been used as fronLage and rhat as side yard. REGULAR COUNCIL MGETING, SLPTEMBER 18, 1967 Mayor Kirkham said that the minutes could show that the Council was using an alternate rather than what was shown in the roll. Councilman Harris suggested it could be given an addendum number, which could be referred to in the resolution Mr Minder asked what the front foot cost would be at the new figures. The City Manager said that he will pay $7 31 in place of $14 50 per foot 68TH AVENUE - HIGHWAY -0�65 TO CHANNEL AOAD: A visitor to the Cowncil said that a year ago a meeting had been held on 68th Avenue, and at that time the pro�ect had been shelved. He sa�d that the people had not been notified that there would be an imnrovement, and he asked if there was not supposed to be notification. He said he lived on the west side of Channel Road The City �ngineer said that the hearing for this street had been held Sune 13, 1966 Four property owners from Channel Road came to the Council table. Council- man Harris said he recalled the discussion at the time, that because the road would never go through at one point, part of the side street should be assessed against additional property as they would use it �ust as much. There was a long discussion at the Council table. The City Engineer said that at an improvement hearing the Council may decide at that time to do a pro�ect, or not to do it, but when it is adopted, no notices are sent out saying that the pro�ect will be done. One of the visitors said that at the hearing, it had been agreed to shelae the pro�ect. ilayor Izirkham said that the Crty Manager could research the minutes of the previous hearing, The Council decided that this should be discussed further so that the right thing can be done, and decided that this one section on 68th Avenue could Ue continued until the October 2, 1967 meet�ng at 8;00 P.M. to give the Attorney a chance to inform the Council what the alternative would be. ALLEY - BETWC�N 4TH AN➢ STH STREET PROM 53RD TO 54TH AVENUE: Mayor Rirkham quoted the assessment rate as $2.35 per foot. There was no one present that wished to be heard. WAY - RIVERVIEW TERRACC TO EAST RIVER ROAD: PAGE 6 Mayor ICirkham quoted the assessment rate as $7.06 per foot. There was no one present that wished to be heaxd. SERVICE CONNECTIONS - SCRVICES ON MISSISSIPPI: There was no one present that wished to be heard on service connections RESOLUTION 4k172-1967 CONFIRMING ASSESSMCNT FOR STREET PROJECT -0k1966-1; MOTION by Councilman Harris to adopt Resolution �'�172-19h7 with the exception of Lucia Lane - 68th Place to 300 feet south end 68th Av�nue - Highway �k65 to Channel Road which are continued to the regular Council Meeting of October 2, 1967. Councilman Harris said he would Like to note that it is somewhat disturbing to have some of Lhe same people, who were so anxious to get the pro�ect in and in some cases were the leaders to get the street put in, come in and ob�ect to the assessment Councilman Liebl commented that the pro�ect had comz in at a lower price than the estimate, so there had been a sa��ing, and still they ob�ect. � � � REGULAR COUNCIL MEETING, SEPTEMBER 1$, 1967 � Councilman Lieb1 seconded the motion, and upon a voice vote, there being no nays, Mayor Rirkham declared the motion carried Mayor Kirkham declared the Public Hearing on Assessment Roll for Street Improvement Pro�ect ST. 1966-1 closed at 10:12 P.M RECESS• Mayor Kirkham called a 1D minute recess and the Council Meeting reconven,ed at 10:23 P.M. PAGE 7 MOTION by Councilman Harris to adopt Ordinance �k373 upon second reading, waiving the reading, aad publish. Seconded by Councilman Lieb1 The City Engineer asked if this was the same as the ordinance approved by the Planning Commission, as their ord7.nance had five conditions The City Attorney said that the burning condition had been. eiiminated at the request of the Health Inspector Upon a roll ca11 vote, Kirkham, Lieb1, Harris, Sheridan voting aye, there being no nays, Mayor Kirkham declared the mot�on cax'ried. DISCUSSION ON PAOJECT �k87: � The City Attorney said he had had a discussion with the Consulting Engineer and the attorney representing F. D. Chapman Construction Company, who were the contractors on Pro�ect 87. The City Attorney said that as he undersCOOd it, a situation has developed where unforeseen circumstances are preventing the contractor from dewatering certain portions of the pro�ect, and they are requesting additional time to complete the conslruction and they are also requesting increasing the contract price by a sum of $16,689 for extra costs incurred to date. He said they would like authority from the Council to proceed with the additional work using steel sheeting to prevent the water from seepLng into the excavation, and assurance that Lhey wi11 be given further equLtable ad�ustment For additional costs because oE this situation The City Attarney read a letter addressed to the Mayor from F D Chapman Construction Company dated September 15, 1967 outlining Cheir requests The City Attorney said there seems to be two problems - how to complete the work, and whether the City should be liable lor any additional _onstruction costs, ox Lf the contractor should bear the addLtional cost inasmuch as he bid the pro�ect as a performance contract. He said that unless some interim agreement can be reached quickly between the City and Lhe Contractor, the work wi11 not be completed this year If the legal liability has to be determined be£ore the woxk is completed, there will be a substantial delay, and he understands that unless something is decided quickly, the contractor wL11 be suspending his work The Consulting Engineer said that they do not entirely � agree with the statements the contractor gives them credLt for acknowledging He said that under the terms of the contract the Couacil could have another contractor come in and finish the work. Councilman Harris asked if the con- tractor knew the existing conditions or would have been able to find out a6out them The Consulting Engineer said this was correct He said that the consulting firm had anticipated this condition, Uut the contractor evidently REGULAR COUNCIL MEETING, SEPTENII3ER 18, 1967 PAGE ti had not He said the specifications requ�re a contractor to familiarize � himself with the site Councilman Harris asked if there was a surety bond on performance The Consulting Engineer said there was. He said they have been paid for material and materials on hand in the amount of $14,000 vr $15,000, and there is an estimate on the agenda thzs evening for August Councilman Harris said that based on the surety bond, and the performance they have to exercise under this, unless the Engineer or City Attorney feel they can �ustifsably come up with a claim, he could see no responsibility on the City's part to have a change order. The Consulting Engineer said neither he nor the City Attorney were suggesting a change order, but-that possibly something could be worked out where they couLd continue to work on the portions of the contract that they can work on, and not move off the �ob site Councilman Harris asked if someone else was ordered in to do it, and Lf the present contractor moved off the fob site, wouldn't the contractor be 1iable to pay it, The Consulting Engineer said this would be, if the City had no 1ega1 liability He said he would not suggest they increase the contract, but he feels there is an advantage to stay with this contractor The City Engxneer said he would suggest that he and the Consulting Engineer meet with the contractor and his attorney, and try to reach an agreement whereby the work can be completed, with the question of additional compensa- tion left open, which could 6e tried in District Court if mutual satisfaction cannot be arrived at. Mayor Kirkham agreed they should try to negotiate an agreement preferably in some way, so that the pro�ect can be continued. MOTION by Councilman Aarris to direct the City Attorney to negotiate a con- � tinuance of Pro�ect {k87 without pre�udicing the City's position and without iacreasing the cost of the contract, and report back to the Couacil, Seconded by Councilman Lieb1 Upon a voice vote, there being no nays, Mayor Rirkham declared the motion carried. COtdSIDERATION OF BUILDING ON Sz OF LOT 4, LOT 5, BLOCK 14, HAMILTON'S AD➢ITION TO MECHANICSVILLE: Mr, McClish,owner of this property, was present at the Council Meeting. Counc�lman Harris went through the ownership of Lots 4 and 5, the tri-plex and Lot 3, and the dates they wexe bought and sold, with Mr. McClish to see if at any one time he owned all of Lots 3, 4, aad 5. Councilman Harris said he realized Mr. McClish's positifln, if the lots are unbuildable, and this is the reason why he is trying to find out the facts. He said there is no sense making the owner pay the taxes on the property if he cannot build on it. The builder for �ir McClish said he planned Co build a rambler 26x42, which would have a 17 foot side yard if it is centered. Mr McClish said he planned to live there himself Councilman Liebl said that according to the City's ordinances the tri-plex does not have the required space. Councilman Harris said that it appears they had requested the building permrt with fraudulent intent, but it has been resold since and the new owner cannot be forced to buy more property, Mayor Kirkham said he would take the same position he has taken before. He � feels the best solutaon would be to alloca Mr McClish to buald Councilman Harris said the records should be checked to see if at any time Mr. McClish owned the South z of Lot 4 and the Narth z of Lot 4 concurrently, so that an earlier error is not compounded. REGULAR COUNCIL MEETING, SEPTEMBER 18, 1967 � The City Attorney said he could check the tract index Mayor Kirkham said that the City Attorney could check this out and report back to the Council at the next regular Council Meeting of October 2, 1967 FIRST READING OF AN ORDINANCE REZONING LOTS 1- 6, BLOCK 1 MANOR ANNEX 2ND ADDITION: The City Engineer showed the Council the model of the planned apartment building and the plans. Mr. Wilbur S Holm, AL-torney for S&S Investment Company explained the size of the 25 units, and the location on the 6 lo�s Mr. Jack Velin, S1D5 Ho*izon Drive, said that before they had discussed the possibility of haviag two 12-unit buildings Mr Holm said that there had been the possibility, but that now this present model complies with the ordinance Mr. Velia said they were willing to go along with the rezoning, but that they were opposed to this type of buildLng. Councilman Liebl said there was no question that the requirements are met, but they wi11 stL11 overload the street There was a discussion of traFfic flow in the area Councilman Harris said he could see why they ob�ected to the long building, but he could not see ob�ecting on the basis of traffic, as the street has been assessed and they are entitled to use it He said he would like to see an agreement to resolve this problem. A visilor asked why Uuilding double bungalows would not be possible Mr Holm said they were not economically feasible. Mayor Kirkham said that double bungalows may have been feasible 10 years ago, but times change PAGE 9 , There was a long discussion on how an apartment building would elfect the property across the street, and whether the empty lots there would sell. The possibility of a park was mentioned. Councilman Harris said that every time an apartment is put in, it increases the people and decreases the park area. Mr C. W. Root, representing Arvid E. Carlson & Sons, Inc said he would have to think about a park. The City Attorney suggested the possibility of putting the three lots across the street in a package sale to S& S Investment Company if it could be approved by the Court Councilman LLebl asked Mr. Holm if they would be willing to build double bungalows on these three lots. Mr. Holm said they would if they were able to build the 25-v.nit apartmeat house where proposed. Mr Root asked if the City would pay for the Special Assessments on the three lots as park land He said they were pretty high, but he did not know the figure. Councilman Harris asked the value of the lots. It was estimated they would cost about $�i400 each with approximately $700 worth of assessments in addition Mayor Kirkham said he would be willing to agree to the 25-unit building, if there are double bungalows on the three lots Councilman Harris said he thought the park concept was the best. The Council laid this item over until later as there were many people waiting to be heard. The people were told they could come back later to discuss this if they wanted to wait This is continued later in the minutes, BIDS - SHRUBS, CIVIC CENTER (OPENED NOON, SEPT�MB�R 18, 1967)• � The City Manager drew the Council's attention to the memorandum from the City Engineer, and said that the bids had not been opened Mayor Kirkham said that it seemed the nurseries are pressuring the City to pay $400 to $500 for a landscape architect, and he felt they were involved in professional �ealousy REGULAR COUNCIL MEETING, SEPTEMBER 18, 1967 PAGE 10 IIe said that as far as he was concerned the City had advertised for bids ' and they should be opened The City Engineer said that some of the nurseries felt that the bid information was not complete, but if the Council feels enough has been done, this is fine. Mayor Kirkham said that Mr. Schraer has drawn plans for the school district and other pro�ects in Fridley Councilman Iiarris said that as long as ,sompetitive bids have been received, it is a situation where everyone had the same information. MOTION by Councilman Harris to open the sealed bids for the shrubs for the Civic Cent-er Seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. The City Manager opened and read the following bids; PLANHOLDER Ha11a Nursery, Inc 4917 Eden Avenue Minneapolis, Minnesota, 55424 BoU's Produce Ranch 6520 �ast River Road Fridley, Minnesota, 55432 Minnesota Tree, Inc. 6650 Highway 169 Eden Prairie, Minnesoca, 55343 Gurtek & Ramberg 2460 W. County Road D New Brighton, Minnesota BID DEPOSIT Bid Bond Cert. Ck $200.OD Bid Bond Cert. Ck $195.00 P1aza Lawn Materials, Inc. Cert Ck 2374 West County Road D $151 53 St. Paul, Minnesota SASE BID COMPLETION DATE $5,456J5 $3,836 2D $5,179.20 $3,691.00 $3,030.50 October 15, 1967 Not listed Nov 15, 1967 , Oct. 15, 1967 Oct. 31, 1967 CounciLman Liebl asked if the completion date was important The City Engineer looked the dates up while the Council went on to the next item A little later the Council came back to the discussion oi this item The City �ngineer said that everything will be done by October lSth except the green trees which cannot be transplanted immediately He said they would be done by October 28th Mayar Kirkham asked if there had been any substitutes or changes: The City Engineer said there had not been as this had been bid as a lump sum Councilman Lieb1 asked if they were the same kind of trees as on the plan The City �ngineer said they were the same, and that there was a one year guarantee MOTION Uy Councilman Sheridan to award the bid for shrubs for the Civic Center to P1aza Lawn Material, 2374 West County Road D, St Paul, Minnesota, in the amount of $3,030 50. Seconded by Councilman Liebl. Upon a voice vote, there Ueing no ceays, Mayor Kirkham declared the motion carried � � � _I � REGULAR COUNCIL MEETING, SEPTEMBER 18, 1967 BIDS - FLAG POLE AND SIGN CIVIC CENTER (OPENED NOON, SEPTEMSER 18, 1967): The Gity Manager read the following bids: PLANHOLDER BID DEPOSIT BASE BID R. F. Panek C�instruction C�. Bid Bond 53p 12th Avenue N.E. Capitol Ind New Brighton, Minnesota, 55112 Corp. 5% Kar1 Dedolph Construction Co. Bid Bond 771 West 7th Street Home Owners St. Paul, M�nnesota 55102 Ins.Co 5% D. M. Noyes Const. Co., Inc. Bid Bond 100 Pranklin Avenue West Home Owners Minneapolis, Minnesota Ins Co. 5% $2,578 00 $3,192 00 $3,200.00 D W. Aarstad Company Cert. Check $2,934 20 7101 Highway 4k65 $147 00 Minneapolis, Minnesota PAGr 11 COMPLETION DATE 30 days and 60 days Oct 20, 1967 Oct 9, 1967 45 Days Th� City Engineer said that they had bid 30 days on the sign, and 60 days for the lettering They had been told that the City wanted it soon, and he read a letter to the Council from R P. Panek Construction Company stating that they find it possible to complete the pro�ect Uy October 20, 1967 The Crty Engineer said he had checked with Walter Butler and the archrtect far the Spring Lake park Liquor Store and they feel the company is a good contractor MOTION by Councilman Harris to award the bid for the Flag Po1e and Sign for the Civic Center to R. F. Panck Construction Company, 530-12th Avenue North- east, New Brighton, Minnesota, 55112, in the amount of $2,578. The pro�ect to be completed by October 20, 1967. Seconded by Councilman Liebl Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried CHIEF McCARTHY - POLICE RADIO FREQUENCY: Chief McCarthy told the Council that over the ye.xrs the present radio system has been getting more and more crowded as more units are bought He said that all departments are on the same frequency at present, and the Police Department has been trying to get a police frequency of their own He said that the problem has been that there have not been any frequencies available, but he had had a call from Motorola this afternoon that there is a frequency available rLght now. Chief McCarthy said that to make the necessary changes to incorporate this frequency would cost about $2,000. He said he had discussed the possibility of the Police and Fire Department being on the same frequency as they are at present with Fire Chief Hughes and Inspector dldrich, but they have not checked the legaLity of this with the FCC. This would give them their own frequency rather than the Loca1 Government frequency which they, the engineers, and public works are on at present, and the only expense would be changing the remotes in City Ha11 which should be very reasonable. REGULAR COUNCIL MEETING, SEPTEMBER 18, 1967 Chief McCarthy s�id that he had to have an answer for Motorola by the next morning, so he was asking the Council to give him the authority to spend the $2,000 if necessary He said that he has almost enough money in the Police Department budget this year if it becomes necessary to spend Lhis money. He said that if they find that the police and Fire Departments cannot be on the same frequency, they will look into the possibility of going into a Department of Public Safety frequency. Mayor Kirkham asked how this frequency wi11 differ from the frequency they use now. Chief McCarthy said that the present frequency is known as a Local Government Frequency and any vehicle in the City can be on it, He said that today seven 15 minute records of actual recording time were used and only 20 minutes of this had been Police, the rest was Public Works and Engineering. CounciLman Sheridan asked if a portion of the system would be sold back to Public Works. Chief McCarthy said no, the equipment in the cars at present would be converted by changing the crystals, they would have to buy one bay station and one antenna. Chief Aldrich said that this would fit right in with the City's new streamline recording system. Mayor Kirkham said he would be very much in favor of this proposal. PAGE 12 MOTION by Councilman Harris to concur with Chief McCarthy and Chief Hughes and authorize the expenditure if necessary. Seconded by Councilman Sheridan. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried REPORT FROM CHAIRMAN OF PARKS A�D RECREATION COMMISSION - JOINT MEETING G7ITH CITY COUNCIL: Mr. Ilughes said that the Park and Recreation Commission Minutes of September 11, 1967 and September 13, 1967 cover the �oint committee meetings fairly completely He said that the proposal the Council has before them is a culmination of a year's time spent by the Parks and Recreation Commission, marked by many conversations between the Commission and the Council. He said that it started with an overall look at the City parks and the development status of each Then the needs of the City were examined for the present and lor the future, which they based on a potential population of 50,000 people, and then everything was eliminated from the plan that they thought was not needed for the next five to seven years. He said the present proposal includes the remaining items. Mr. Hughes explained that the proposal includes six new parks, development of six parks presently owned by the City, the completion of eight parks partially done, and land for four new parks on which no development work is planned. They estimate the program will take two years from its authori- zation to its completion, and should satisfy the need for four to six years after the completion date. The proposal would cost approximately $1,300,000 for the overall program. He outlined on the map the different pro�ects. Mr. Hughes said that it would be impossible to carry out this type of thing under the present financing budget, and they wish to recommend another type of financing. He said he felt park development was urgently needed by the City for the people who live here now, and we are falling further behind all the time. Councilman Harris said that there were certain other things in the discussion that Councilman Sheridan had not been in on, and he felt the Council should discuss the proposal more thoroughly Mayor Kirkham said he would like the ' , L J REGULAR COUNCIL MEETING, SEPTENIBER 18, 1967 � whole Council to get together for a discussion. The Council set 7•30 P.M. on September 28, 1967 for an znformal Council meetiag to discuss this proposal. The Council said they wanted to thank the Commission for a11 the work done on this and asked Chairman Hughes to pass this on to the members. Chairman Hughes saxd that the Commission requests that Council consideraCion be made as quickly as possible. BUILDING STANDARDS - DESIGN CONTROZ SUBCOMMITEE MEETING MINIITES OF SEPTEMBER 6, 1967• CAR.WASH TO THr. SUPER AMERICAN STATION ,,,, , ,,,,,,,,,,r,.,�,,,., .,.,,,-mr,,,.r, „n,,..n�m W. SAMUELSON, 7800 EAST RIVER ROAD, FRIDLEY, MINN�SOTA� The City Engineer showed the Council the plot plan and the plan of the proposed addition. There was a discussion about the shortage of stacking space, and the possible traffic problem. The Council discussed the possibility of reversing the traffxc flow to gain more space MOTION by Councilman Harris to concur with the recommendation of the Sub- committee and approve the addition provided that the traffic stacking be changed upon the recommendation of the Engineering Department, and sub�ect to landscaping, paving and plot plan approval Seconded by Council- man Liebl. IIpon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. PAGE 13 � 2. RECONSIDERATION OF 4-PLEX ON LOTS 2 AND 3, BLOCK 11, HeiMILTON'S ADDITION TO MECHANICSVILLE. (5480 - STH STREET NORTHEAST, FRIDLEY, MINNESOTL�) PS,QUEST BY MOON CORP4RATION, 6225 UNIVERSITY AVENUP� NORTHEAST, FRIDLEY, NfiNNESOTA: The City Engineex showed the Council the building plans and the landscaping plan and explained that the plan had been reduced to meet the land aree requirements Councilman Harris suggested Lhat a 2" minimum should be set on the txees for landscaping. The City Engineer said that the people wi11 be using the alley in this area between 4th Street and Sth Street Councilman Lie61 asked if this street was to be Iixed. The City �ngineer said that this will be on a program for a hearing in the Euture MOTION by Councilman Harris to concur with the motion of the Subcommitt�e and approve the plan. Seconded by Councilman Sheridan Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried THE MINUTES QF THE BIIILDING STANDARDS - DESIGN CONTRQL SUBCOMMITT�E MEETING, SEPTEMBER 13, 1967: L CONSIDERATION OF APARTMENT COMPLEX - (APPROXIMATELY 5$00 EAST RIVER ROAD) R�QUEST BY MAURICE FILISTER, 1312 EAST 21ST STREET. MINNEAPOLIS. MINNESOTA_ 55404 (CONTINiT�➢ FROM T11E � Mr. Filister was present at the Council Meeting, and said that he had decided he was not satisfied with the exterior elevations on his buildings, and he had changed the elevations and the plot plan to make a Uetter view of the river He said he had also gone to the "Geargetown" design, which he felt was an interesting exterior design He showed the Council a drawing R�GULAR. COtTNCIL MCETING, SEPTEMBER 18, 1967 of the building, and said he had not changed the building interior. Councilman Lieb1 asked if he had changed the width or Length, or the amount oL- brick exterior. Mr Filister said that the foundation and footxngs would be the same, and he said there would be a better percentage of brick than the original 50/70% He said he �aould like to have a carriage house design on the garages to go along with this design. He presented the Council with a detailed dimensional drawing which the Building Inspector had requested. PAGE 14 There was a discussion oF roads and traffic, The City Engineer satd that a road will have to go through somewhere. Mayor Kirkham said that the City tries to limit access to East River Road and stacking room is needed. Mr Filister said that somehow or other they wi11 come out on the service road, but he was not sure at present how it would be done. He said that at present he was asking for approval of the entire layout Councilman Harris said that the garages could be approved when the Council sees the plans, as they have to go to the Building Standards-Design Control Sub- committee, 6ut this wzll not hold him up from starting on the other buildings The City Engineer named the other plans Mr. Filister must submit, Mr, Pilister said that it would take him about 3 weeks to get the drainage plan, and he asked that the Council give him more than a foundation permit MOTION by Councilman Harris to issue a Poundation Permit to Mr. Maurice Filister for an apartment complex, to be followed by the complete BuildZng Permit upon his submitting a plot p1an, drainage plan, landscaping plan, electrical and mechanical plans. Seconded by Councilman Sheridan. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried PLANNING COMMISSION NIGETING, SEPTEMB�R 7, 1967� 1 PUBLIC HEARING - R�ZONING REQUEST ZOA 4k67-09, FEDERAL LUi�ER COMPANY BY SAM ROSENBAIINi TREASIIRER: LOTS 5 THliU 8, LOTS 25 AND 26, BLOCK 2, COMMERC� PARK ADDITION REZONE TO CR-2 OR M-1: The City Manager said that the Federal Lu[aber Company had requested a public hearing before the Council The date of November 13, 1967 wras agreed upon. MOTION by Councilman Harris to set the date of November 13, 1967 for a Public Hearing as requested by the Federal Lumber Company. Seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. CONTINUCD DISCUSSION - FIRST R�ADING OF ORDINANCE REZONING LOTS 1= 6, BLOCK L, CARLSON'S SUMMIT MANOR ANNEX 2ND ADDITION• Mr. Wilbur Holm, Attorney for S& S Investment Company, said they would be willing to buy the property discussed across the street from the proposed rezoning, if they could build the planned 25-unit apartment building. He said ehat p1r. Root would promise to put in the contract for deed that the property was restricted to no more than double bungalows Mr Ho1m said that Mr, Root is willing to let the three lots go to the City for $10,000, but as far as S& S Investment Company was concerned, this was their proposal, and the people would not have to wurry about another apartment building being built across the street on these three lots He said the � � L J REGULAR COUNCIL MEETING, SEPTEMBER 18, 1967 � purchase agreement would require the proper zoning Mr. Root said he would restrict the lots for 15 or 2D years, and nothing larger than double bungalows could be built theYe whether S& S lnvestment bought them or someone else Mayor Kirkham said he would like Co see the development, because the next time someone wanted to develop it, it may take a G or 5 story apartment Co make it feasible, and he recommended the Council accept the proposal. Mr. Root said that Arvid E. Carlson & Sons, Inc. will enter into a Contract for Deed, with restrictions on the 3 lots, but no restrictions on the 6 originally discussed lots The City Attorney asked who would have the authority to enforce the restrictions Would they be done as protective covenants, because the City cannot enforce protectLVe covenants Mr Root said it could be put in the deed. He said that they wi11 only be asking Por the rezoning of the 6 lots, not the otheY thxee The City Attorney said that even if the deed is restxictLVe, Lt wouLd sti11 have to come before the Council again. MOTION by Councilman Harris to adopt the ordinance upon first reading, with the provision that the lots acxoss the street have a restYictive deed so that nothing more than R-2 zoning will be used for a period of 20 years. Councilman 5heridan said he had told the people he had talked to that he � did not think the Council would act on this tonight, so he could not vote, He said he was not against the pxoposal, but had told the people they w�uld be contacted. Councilman Lieb1 said he felt the people were owed an explanation of this discussion, although they had been told it would Ue taken up again if the people wanted to wait until later in the Council Meeting. � Mr. Root said he would draw up the restrictive deed and show it to the City Attorney. The Council decided that this item should be back on the agenda of the Regular Council Meeting of October 2, 1967 PLANNING COMMISSION MEETING MINUT�S, SEPTEMe�R 14, 1967: MULTZPL� DWELLINGS): MOTION by Councilman Liehl to concur with the Planning Commission's recommendation that the rezoning xequest be denied Seconded by Councilman Sheridan. Upon a voice vote, there being no nays, Mayor Risicham declared the motion carried. BUS ROUTE• Mayor Kirkham suggested that this item be tabled PAGL 15 MOTION by Councilman Sheridan to table discussion of the bus route Seconded by Councllman Lieb1. Upon a volce vote, there being no nays, Mayor Kirkham declared the motion carried. REGULAR COUNCIL MEETING, SEPTEMBER 18, 1967 PETITIONS: PETITION 4k32-1967 AGAINST REZONING OF PART OF LOT 6, AUDITOR'S SUB -0k10: MOTION by Councilman Liebl to receive Petition ��'32-1967 and refer it to tL7e Administration for processing. Seconded by Councilman Sheridan Upon a voice vote, there being no nays, Nfayor Kirkham declared the motion carried. PETITION 4k33-1967 CONCRETE CURB AN➢ GUTTER, RESURFACING EXISTING BASE. 67TH AV�NUL� NORTHEAST FROM 7TH STREET TO JEFFERSON: PAGE 16 MOTTON by Councilman Lieb1 to receive Petition �F33-1967 and refer it to the Administration for processing Seconded by Councilma❑ Sheridan. IIpon a voice vote, there being no nays, Mayor Kirkham declared the motion carried TRAILER PERMIT APPLICASION - 1360 - 69TH AVENUE NORTHEAST, EDWARD 0 JENSEN: Mayor Kizkham sa�,d that he had granted this peimit informally as thay have had a fire in their home, and need the trailer to 1'tve in temporarily. MOTION by Councilman Liebl to concur and grant the trailer permit to Mr. Edward 0. Jensen, 1360 69th Avenue Northeast. Seconded tay Councilman Harris Upon a voice vote, there being no nays, Mayor K�.rkham declared the motion carried. APPOINTMENTS - JANITOR: MOTIpN by Councilmaa Harris, seconded by Councilman Liebl, to concur with the following appointment: NAMC Charles J. Cornell 7525 Lakeside Road �ridley, Minnesota 55432 POSITION Janitoz SALARY REPLACES $450 New Position per Month CounciLman Harris asked the City Manager when Mr Cornell would start, The City Ntanager said it would be in the next Eew days. Upon a voice vote, there Ueing no nays, Mayor Kirkham declared the motion carried. CLAIMS: MOTIDN by Councilman Harris to approve Eor payment General and Public Utilities Claims -0k12776 through -0k12863 and Liquor Claims ik1463 through 4k1506 Seconded by Councilman Sheridan Upon a voice vote, there being no nays, Mayor Kirkham declared the motiun carried LICENSLS: MOTION by Councilman Harris to approve the lxcenses. Councilman Sheridan asked if the contractor that the Council had received a letter from was on the list The City Manager said he was not. The motion to approve the following licenses was seconded by Councilman Liebl. Upon a vo�ce vote, there being no nays, Mayor Kirkham declared the motion carried. � � � �J LJ � REGULAR COi3NCIL MEETZNG, SEPTENiBER 18, 1967 CQIdTP.ACiOP'S LCC)sNSF PO BL APPI.OVP�D bY CO'JAdU77, SPYTLiPIG1'R ] 8, ] 967 __ F,%Co-? 1� A'Cl A;G Clark-Pioore E>�cavati.no Co. hlontzccl7o, Minnesotia Ry: Wi77ard H, C1ark GN.NEI�AL CONti'REGTOP� Ec2v�r Ru�lders Inc 3is3 i,�ech 5t St. Fzu7 , M�ur esota By: V�.rgi] Fedo� enl:a Biansl;e Construction Co., Inc, 4029 S�_]ver Lake Road riimioapolis, PLnnesoia F1�: Be�-aard E1�nske D, L. Scnerer b52S 2ud St, t3. E, Fridley, PSin,�esota Sy: D, I., Scherex Kr2.us- Anderson Oi St.Paul l90 Ram�cy Street Sr.. 2aa] , hl�miesota By: W,.1liarn Jacge� ,Jr PAGC 17 N}?[d Nlijv' NL'l7 REP]Et7AL NF? L�' LIST CP P1ULT1Fi.E D��IfsLL1NG LZCPNSES TO L'Ti AYPROVLD B1 COUP;CIL SI^,PTPPT1;Eh l�i 19G7 __ _ SEP1^riiLf:R 1�]g6?- SLPTRrIf;Ft: 1i196S OGINER Floyd C. Bradley 5861 ide,i t400re I,ake Drive F'ridle�, r7innesota F:ovd C. Bradley SS61 S•]est Dloore Lake Drive FridLey, MinnesoY.a Floyd C. Bradley 5861 Wes! tioore Lal�:e Drive Fridley, i�tianesota N_ark n Ann=. Ruth Hasten 4700 Locary Terrace Mi,7ncapcli�, Minnssota Nark d� �xnna ftuth fiasten 4700 Loc;ry Terrace MinrieagoLis, Minnesota 0 ADDRESS 5900 ?.� St. N. E 5908 2'-� St. N. E 5916 2's St. N. E � 7 7 5612 7Zh St. N E, 11 5640 7eli �r. N. E. 11 FEE $10.00 $10.00 $1�.0� $11.00 $11.00 REGULAR COUNCIL MEETING, SEPTEMBER 18, 1967 LTS7' OA' 21UL7_1PL1�: ➢I7�7,LCP�(JS ShYTI,[SCL�L' 78 1967 Dalc� Crosbq 6�09 id�nsd��]e Stzcet Golden Va]ley , M�n,�esota 74G� Lytic Laiie $ F,dsixom Ke.tlty 64 E��st 2uc1 St. W�tioua, ri�nnesoia 1J5 Saticll�te Lane 20 Jamcs J. Parlon F. Melvin S7. London 1675 Grand Ave. St, Paul, hSinnesoLa Shcldon Mortensoa 12F39 Sky��oor� L��nc Fridley, Piim2esota Sheldon A, Mortenson 1789 Sky�7ood Lanc F'ridley, Plinnc.soLa Sheldon Mortensoa 1259 Skywood I,ane Fridley, ,tinnesota She.ldon Mortenson 1?89 Sky��ood Lane Fridley, Minnesota Midwest Federa] S,�viags S Lo��Z 85 South Sth Strezt Minr,eapoiis, t4inneso�a CAFE LICENSE: CoEnputerized Golf Center 6235 Highway �k65 N.E. i'ridley, Minnesota CIGARETTE Target Pood Stores 755 53rd Avenue N,E. Fridley, Minnesota SCRVICE STATION Holly "66" Service Station 6500 University Avenue N.E. Fridley, Minnesota 0 367 %4tli Ave. N. F, 8 1200 HS ghway �� 7 00 1� 1230 Aighvr._y i� 1D0 18 1260 Hi�fic:zy �� 100 lII 1290 Highc�ay -,'� 100 18 160 2lississi�ni P1ace 4 hy Lloyd W. Miller by• Hy Applebaum by: Phillips Petroleum Company 0 PAGE 1$ , $7 0.00 520.00 i �1 0.�00 $? �.00 ;ls.eo $1Sa00 � $7 8. UO $10.00 r � � � � REGULAR COUNCII, MEETING, SEPTEMBER 18, 1967 "OFF SALE " Target Food Stores 755 53rd Avenue N.E. Fridley, Minnesota ESTIMATES• by Hy Applebaum The City Attorney suggested the Council could hold the estimate from F. D. Chapman Construction Company and Associates in the amount of $3,741 47 until the discussion was completed. MOTION by Councilman Harris to hold the P. D. Chapman Construction Company estimate, and to approve for payment the following estimates Seconded by Councilman Shendan Upon a voice vote, there being no nays, Ma�or Kirkham declared the motion carried. Harry S. Horwitz & Co., Inc. Mechanical Contractor 1411 - 11th Avenue South Minneapolis, Minnesota Fridley Civic Center - Certificate No 8 (8-25-67) for period from July 20, 1967 to August 16, 1967 Ray Jordan and Sons, Inc 2701 Second Street North Minneapolis, Minnesota `,5411 Water Smpxovement pro�ect No. 75-G (Landscaping) according to contract Estimate �E1 (Fridley Commons, Filtration PLant, and 12MG Reservoir) (Partial) Northdale Construction 5739 West Broadway Minneapolis, Minnesota Co., Inc. 55428 Estimate ��2 - Storm Sewer Improvement pro�ect No. 82, according to contract (Target - Cheri Zaae) (Partial) C. S. McCrossan, Inc. Box 336 Osseo, Minnesota Estimate �k3 - Sanitary Sewer, Water and Storm Sewer Improvement pro�ect Vo 84, according to contract (p,aker Avenue Between Osborne Road & 75th extended east, Onondaga between Central and Stinson, etc.) (Partial) 517,697 60 $ 8,067 06 $24,184 71 $21,670 20 PAGC 19 REGIILAR. COUNCIL MCETING, SEPTEMBER 18, 1967 Comstock & Davis, Inc. Consulting �,ngineers 1446 County Road "J" Minneapolis, Minnesota 55432 For the furnishing of resident inspection and resident superviszon far the staking out of the construction work for° �stimate ik3 - Water Improvement Pro�ect No 83 from Suly 31, 1967 through September 1, 1967 (Tank Repair - 1z Million Gallon Reservior - 5290 Johnson Street Northeast) Estimate �k2 - Stoxm Sewer Improvement Pro�ect No. 87 From July 31, 1967 through September l, 1967. (�ly and Ruttx Street Area) �,stimate �k5 - Sanitary Sewer, Water � Storm Sewer Improvement pro�ect No. 84 (Baker Avenue between Osborne Road & 75'th extended east, Onondaga between Central and Stinson, etc ) Estimate �k2 - Storm Sewer Improvement Pro�ect No. 82 from J�uly 31, 1967 through September 1, 1967 {Target - Cheri Lane) Estimate �r`3 - Water Improvement Pro�ect No, 75-G from July 31, 1967 through September l, 1967 (I'encing and Landscaping - Area of Commons Park, Filtration P1ant, and Reservoxr) Estimate �FS - Melody NIanor Park Improvement pro�ect No P-1 from Suly 31, 1967 through September 1, 1967 $ 5.00 $ 1,225 50 1,140 50 1,436 50 50.00 30 00 RP,SOLUTION 4�168-1967 A RESOLUTION TO ADVERTISE FOR BIDS FOR THE SIGN AND FLAG POL� FOR THE CITY CIVIC CENTER: MOTIdN by Councilman Harris to ratify Resolution ��168-1967. Seconded by Councilman Lieb1 Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. RESOLUTION �k173-1967 RECP�IVING THE PRELIMINARY REPORT AND CAIS,ING A PUBLIC ILEARING ON THC MATT�R OF THE CONSTRIICTION OF CERTAIN TMPROVEMENTS: STREET IMPROV�MENT PROJECT ST. 1967-1 (ADDENDUM ��l); MOTION by Councilman Harris to adopt Resolution �'�173-1967 Seconded by Councilman Sheridan. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried CHANGE ORDER 3kM-3 - CIVIC CENTER - MECHANICAL: The City Manager said that this was for heating in the library and recommended that it be passed. PAGE 20 � � REGULAR COUNCIL MEETING, SEPTEMBER 18, 1967 � MOTION by Councilman Harris to concur with the City Manager and approve Chan$e Order �kM-3 for the Civic Center The motion was seconded, and upon a voice voCe, there being no nays, Mayor Kirkham declared the motion carried. � � COMMUNICATIONS: (A) 5. C, SMILEY, ARCHITECT - RE: CIVIC CENTER MOTION by Councilman Liebl to receive the communLCatio❑ from S. C. Smiley and Associates, Seconded by Councilman Sheridan. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried (B) LEAGUE OF MINNESOTA NNNICIPALITIES: REGIONAL MEETING MOTION by Councilman Harris to receive the communication from the Mayor of the Village of Braham, regarding the regianal meeting. The motion was seconded, and upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried CITY ATTOANEY - APPEAL OF DONALD F SEXTER ON ST. 1967-L ASSESSM�NT• MOTION by Councilman HarYis to receive Che communicaton from the City Attorney and concur with the settlement The motioa was seconded, and upon a voice vote, there being no nays, Mayor Kirkham declar�d the motion carried. (D) CITY ENGINEER - PLANTINGS, CIVIC CENTER: MOTION by Councilman Harris to receive the memorandum irom the Caty �ngineer Seconded by CounciLman Lieb1. Upon a voice vote, there heing no nays, Mayor Kirkham decLared the motion carried (E) NORTH SIIBURBAN SANITARY SEWER DISTRICT - RE: RESOLUTION ��138-1967 (COMMERCE PARK CONNECTION PROPOSAL): MOTION by Councilman Harris to receive the communication £rom the North Suburban Sanitary Sewer District and instruct the Administration to reply. Seconded bp Councilman Sheridan Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. fl BRIGHTON FOR CONSTRUCTION OF STINSON BOULEVARD: MOTION by Councilman Harrls to adopt Resolution �f174-1967 and authorize the Mayor and City Manager to sign the agreement Seconded by Councilman Sheridan. IIpon a voice vote, there being no nays, Mayor Kirkham declared the motion carr�ed. SECRETARIAL HELP FOR THE COURT: Mayor Kirkham said that the Clerk of Court is very busy processing traffic tickets n.ow that the Police Department is using the radar exL'ensively and could use some help. Mayor Izirkham said that the tickets have increased PAG� 21 REGULAR COUNCIL MEETING, SEPTEMBER 18, 1967 PAGE 22 from approximately 30 to 100 a week, and revenue has increased from $300 � or $400 a week to $SDO or $1000, so the additional revenue would pay for the additional he1p. He said the Police Department plans on using the radar regularly until bad weather starts. IIe suggested the Council authorize help for the Court. Mayor Kirkham said the Clerk of Court f-elt a part time gir1, three or four days a week would be able to handle it. MOTION by Councxlman Harris to refer this to the Administration to see if someone presentLy employed is available, and if not, to secure a part time girl Councilman Iiarris felt this should be done with the under- standing that when the Court system is enacted this would be eliminated Councilman Liebl asked if this would come out of the Court 6udget The Mayor said Chat it would. The motxon was seconded by Councilman Lieb1. Upon a voice vote, there being no nays, Mayor Karkham declared the motion carried. DOUBLE BUNGALOWS - GEORGE BALTHAZOR Councilman Sheridan said that the City Manager had written a letter to Mr. I3althazor about a house on which the permit issued was for a double bungalow, but three families are living in it. He said tfie people want to know what they can do about it. He advised them he would discuss it with the Council, but had told them that anything done diEferently would have to be changed in the ordinance. Councilman Harris said that this same problem exists xn another area where three families live in a single � family dwelling She City Engineer said we have a code that 1lmits the number of families. The City Attorney sa�,d that the planning Commission is working on some suggestioris for handling these situations other than exists in the Code He said he believed that if the property is zoned for double bungalows, only two units are permitted. Councilman Sheridan said that at the time of construction, the electrical contractor's permit showed service for three units, and the Inspection Department indicated this was a Special Use Permit for a two family dwelling. He said he would contact the people and te11 them that under the ordinance, permitting this would not be in good faith with the people that went along with the Spec�al Use Permit in the first place. COMM[JNICATION - G�RALD GLENN CORPORATION, 1202 HATHAWAY LANE, MINNEAPOLIS MINNESOTA, 55421: MOTION by Councilman Harris to receive the com,munication from the G1enn Corporation and request the Administration to answer it. The motion was seconded and upon a voice wte, there being no nays, Mayor Kirkham declared the motion carried. CITY ATTORiI�EY - OPTION ON PARIL PROPERTY: The City Attarney said that the time of the option wrth Mr. Fontaine has expired and NIr Fontaine has asked whether the City intends to exereise � the option or let it drop The City Attorney said he had also discussed the same situation with Mr. Siverts, and he has now agreed to sell the property that the Clty requested, at the City's appraisal price, if the REGULAR COUNCIL MEETING, SEPTEMBER 18, 1967 � City accepts a dedication for street on this property, and that the City supply a survey of the property so he will know where the exact corners are. The City Attorney said the street wi11 be coming in from the north onto the property. Councilman Sheridan asked if this would give the City an entrance to the propexty. The City Attorney said he did not think it would. Councilman Harris said that if the City can get the option exercised on the Siverts property, he felt the Council should go ahead and exercise the Fontaine option. Councilman Lie61 asked if it was the Council's ineention to have this a recreational area and make some kind of lake. Mayor Kirkham said the purpose of the area wi11 be recreational, wiCh the possibiliey of a lake in the Iuture There was a discussion of ehe appraisal price. � � PETITION -0�34-1967 - OBJECTION TO LiTMSER YARD ACROSS UNIVERSITY MOTION by Councilman Harris to receive Petition ��34-1967 regarding the development of the Commerce Park area, and refer it to the Administration Seconded by Councilman Liebl. ➢pon a voice vote, there being no nays, Mayor Kirkham declared the motion carried COMMUNICATION - FRIDLEY SAYCEES, BILLBOARD D�DICATION: MOTION by CounciLman Liebl to receive the communication from the Fridley Jaycees regarding the dedication ceremonies for the Community Billboard The motion was seconded, and upon a voice vote, there being no nays, Mayor Kirirham declared the motion carried GAAAGE PARTY: Mayor Kiikham advised the Couacil that he had been informed of a private party to be held in a garage, at which beer was to be served He said that it was to be a benefit on private property He had adivsed them eo have a policeman standby so there would be no trouble with teenagers ADJOURNMENT; There being no further business, Mayor Kirkham declared the Regular Council �[eeting of September 18, 1967 ad�ourned at 1•45 A. M. Respectfully submitted, ��;���' �,�-� Mary Lu Strom Secretary to the Council i / , �ac`l�(�� ��_c l� �� �� ti � , Jack 0 Kirkham , MAYOA PAG� 23