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10/02/1967 - 00020643TI�E MINUTES OF THP� REGULAR COUNCIL MEETING OF OCTOBER 2, 1967 The Regular Council Meeting of the City of Fridley was caLled to order by i�ayor Kirkham at 8 10 P.M OPFNSNG CEREMONY: Mayor Kirkham asked the audience to stand and �oin in sayin$ the pledge of Allegiance to the FLag Mayor Kirkham asked if there was a representative from the Ministerial Association present to say the invocation. There was no one present. ROLL CALL: MEMBERS PRESEDTT• Kixkham, Liebl, Harris, Samuelson, Shesidan MEMBERS ASSENT: None APPROVAL OI' MINIITES, REGULAR COUNCIL MEETING, SEPTEMBER 18 1967: MOTION by Councilman Harris to adopt the Minutes of the Regular Council Meeting of September 18, 1967 as presented, Seconded by Councilman Sheridan Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. PUBLIC HEARING ON ASSESSMBNT ROLL - STREET IMPROVEMCNT PRO,TECT N0, 1966-4; The Acting City Manager read the Notice of Hearing, and explained that the purpose oL this meeting was to hear ob�ections, if any, to the manner in which the assessment ro11 is made up. He said that this was not the improve- ment hearing. The improvement hearing had been heLd previously, and at this time, the work is either finished or nearly completed. He pointed out the maps which divided the pro�ect into three areas. He said there are variations in costs, because of different work done in different areas Mayor Kirkham said that the hearing wi11 be divided into indLVidual parts. 2ND STRECT AND 2z STREET - 45TH TO 49TH AVENUE: Mayor Kirkham said that Che assessment rate for this portion of the improvement is $6.34 per foot, He asked if there was anyone present that wished to be heard on this portion. A visitor asked if this assessment was �ust for curb, gutter, and street, and did not include storm sewer, The City Manager said this was correct. He said the storm sewer assessment had been adopted last Fall. 3RD STREET - 46TH TO 49TH AVENiTE: Mayor Kirkham said the assessment rate for this portion of the street is $5.84 per foot, He asked Li anyone wLShed to be heard. � � Mr Charles D. Howe, 4560 - 3rd Street Northeast, said that his property � was not specified in the assessment area, but he was being assessed. The City Manager said that if he lived a half block from 46th Avenue, he would be included - with 46th Avenue as a sideyard assessment. 1 � � REGULAR COUNCIL MEETING OF OCTOBER 2, 1967 45TH AVENUE - MAIN STREET TO 3RD STREET - CURB ONLY• PAGE 2 Mayor Kirkham said the assessment rate for this portion of the improvement is $1.03 per foot, with the cost being spread halfway up the block. There was no one present that wished to be heard on this portion 46TH, 47TH, 48TH AVENIIES - MAIN STREET TO 3RD STREET; Mayor Kirkham said the assessment rate for these cross streets is $1.71 per foot with the cost being spread halfway down the block. Mr. Charles Howe, 4560 - 3rd Street Northeast, asked if the frontage of his private property or the length of the street was the basis for the running foot cost Mayor Kirkham said that the assessment was based on his frontage. Mr. Ward Norling, 4703 - 2z Street Northeast, asked if the corner lot wi11 pay L/3 the cost on 47th Avenue, and the other homes 2/3 of the assessment. The City Manager explained that the policy used to assess a cross street is to divide the total cost by the front footage of the lots halfway down the block, plus 1/3 the side yard footage of corner lots, and the corner lot will pay at the same rate as the other people down the block Mr. Charles Howe, asked that the wording in the Notice of Hearing regarding a storm sewer be clarified, Councilman Sheridan explained that some of the other streets have storm sewer included. 49TH AVENUE - MAIN STREET TO UNIVERSITY AVENUE: Mayor Kirkham stated that the assessment rate on the north side is $2 25 per foot and the rate on the south side is $1.05 per foot Councilman Lieb1 asked that the City Manager explain the reason for the difference in the north and south assessment costs, as he had received several ca11s on this. The City Manager explained that one half of the cost oi this improvement is assessed on the north side and the other half of the cost is spread on the south side including the property haLfway down the block He said that there is more footage to spread the assessment over on the south side which makes the rate Less. Mayor Kirkham said that everyone pays for their half of the street, and on the north side, it is front frontage and on the south side, it is the property owner's side yard, and they pay according to the side yard policy. Mr. Jerry C. Henderson, 213 - 49th Avenue Northeast asked the total cost per foot for curb The City Engineer said that the fu11 cost would have been $8 to $8.50 per foot, but because it is a County pro�ect, the property owner is assessed only half the cost of concrete curb, and the cost is only $2.25. FIRESIDE DRIVE - HIGHWAY ik65 TO CENIRAL AVENUE: Mayor Kirkham said the assessment rate for this portion of the improvement is $8.76 per foot. There was no one present that wished to be heard VIRON ROAD - FIRESIDE DRIVE TD EXISTING PAYMENT• Mayor Kirkham said that the assessment rate for this portion is $12 15 per foot ( � i_ F� i:i� i � I{ > REGULAR COUNCIL MEETING OF OCTOBER 2, 1967 PAGE 3 There was no one present that wished to be heard. � 75TH WAY - EAST RIVER ROAD TO EXISTING PAVEMENT ON ALDEN WAY: Mayor Kirkham said the assessment rate for this portion of the improve- ment is $4.23 per foot. Mr. Car1 Coulson, 811 Mississippi Street, said he had sold Lot 41 and part of Lot 42, Auditor's Subdivision ��77. He said that he had already paid $320 and had put $160 in escrow, He said there was 32 foot of this pro�ect on his property, and asked if it was figured by the running foot. Councilman Harris told him it was, and he should have more than enough in escrow for the improvement. The City Manager said that if money is put in escrow with the City or a lending institution, the money needed for an improvement is taken out and the balance repaid to the owner. He said that Mr. Coulson will have to see about gettiag the money back himself. Councilman Sheridan said that if the Council adopts this roll, the cost on Lot 41 will be $169.20. Mr. Coulson said that the footage used for his assessment was incorrect The City Manager said that if he had a survey showing the measurements the CiLy used were inaccurate, this could be brought back to the Council for a rebate. Mr. Coulson asked if this would be up to him to prove. Mayor Kirkham said that the City can only go according to their own records, and they would have to see proof on Mr. Coulson's part that ' the City's records are not correct. Councilman Sheridan asked if he had an old survey or plot plan. Mr. Coulson did not. The City Manager said that if he would come into the office, they could go back to the original plot map for possibLy a better definition. MOTION by Councilman Harris to close the Public Hearing on the assessment roll for Street Improvement Pro�ect No. 1966-4 Seconded by Councilman Liebl. A visitor asked lf he could receive his assessment cost. The City Manager gave hZm the figure, and said that if there was anyone else that would like to receive their exact assessment, they could ca11 the Special Assess- ment Clerk at City Ha11 the next day Mr. Paul Isaacson, 4550 - 2'� Street Northeast, asked how soon the assessment can be paid off and how soon would it go on the taxes The City Manager explained the procedure for paying the assessments to the audience. The vote upon the motion was a voice vote, there being no nays, Mayor Kirkham declared the Hearing closed at 8;37 P.M. PUBLIC HEARING ON IMPROVEMENT - ST. 1966-1 (68th Avenue); Mayor Kirkham drew the Council's attention to the Minutes of the October 17, 1966 Council Meeting and pointed out that at that meeting, the Council decided the street was to be assessed to the abutting � property owners only. He said that this being the case, there seemed no need for the hearing, but as long as it had been advertised, and there were some interested people present, he asked if they had any comments. Mr. George Mass, 6880 Channel Road Northeast, said this has been brought �l REGULAR COUNCIL MEETING OF OCTOBER 2, 1967 PAGE 4 , up several times before, and it had been decided previously to leave this pro�ect until the people on Channel Road decided what they wanted. He said that nothing had taken place as far as the people were concerned, but the street had �ust been put in. Councilman Liebl said that accord- ing to the minutes the people were to get together and work out a p1an, but they could not come up with a proposal so t6e Council took action He said that the east side of Channel Road had not been included in the hearing, and legally they cannot be assessed Mr. Mass asked why the people had not been notified. Mayor Kirkham said that it had been the policy of the Council not to decide on a pro�ect the night of a hearing and this was not decided until October 17, 1966 after the hearing had been held June 13, 1966. He said that at the hearing the name and address of the ob�ectors had been noted and the hearing closed with the explanation that a fu11 council was needed to decide on the pro�ect. He said that after much deliberation the Council decided to go ahead with the pro�ect and assess the abutting property owners Mr. Mass asked why they decided to go ahead when a11 the people ob�ected. He said that only one person did not ob�ect. Councilman Harris said that the frontage of the Minder property and Sunline Motel would account for almost a 50% petition. Another visitor to the Council Meeting said that the people to the east had received aotices of this hearing. Mayor ILirkham explained that the City Manager had been asked to research the minutes to find the Council's decLSion on assessing the pro�ect and found that it was to be assessed to � the abutting property owners only, so the hearing this evening is not necessary, and the normal assessing procedure will be followed Councilman Harris reviewed the minutes of Sune 13, 1966 where it was suggested the project be held in abeyance to see what the people could do to discuss th�s with the people on the east side, but no one ha� come back to the Council between then and October ll, 1966, so the Council moved ahead. Councilman Liebl said he was sure the CouncLl felt they had a 50% petition and went ahead. Mr. Mass said he had received another Notice of Hearing which mentioned curb and gutter and asked Lf the stxeet was to be torn up agaLn. Council- man Harrls pointed out that this was a general statement in the standard notice that is sent out to everyone. Mr Mass asked when he would be assessed again for curbs. Mayor Kirkham said when they have been petitioned for. He explaiaed that the Gouncil does not initLate this, but if the ma�ority of the people want it and petition for it, the Council will hold hearings and put them in. Mr. Mass asked if there was no way to assess the people on the east side of Channel Road. Mayor Kirkham said that when Channel Road is paved to the east in the future they wi11 be assessed. MOTION by Councilman Lieb1 to close the Public Hearing on Street Improve- ment ST. 1966-1 (68th Avenue). Seconded by Councilman Samuelson, Upon a voice vote, there being no nays, Mayor Kirkham decLared the Public Hear- ing closed at 8;52 P,M. ' CONTINUED PUBLIC HEARING ON ASSESSMENT ROLL - STREET IMPROVEMENT PRO,TECT ST. 1966-1 (68TH AVENUE AND I,UCIA LANE): The City Manager said he had checked to see what the charge for Che original street assessment had been He said there had been two parties involved i���� �J l � REGULAR COUNCLL MEET7SIG OF OCTOBER 2, 1967 PAGE 5 and the cost for Lot 5 was $240. Mr. and Mrs. Carl Swanson, 6663 Lucia Lane, said they were the owners of Lot 5 and SA, and they had paid $300. ' Councilman Liebl asked Mr. and Mrs. Carl Swanson what their m�in ob�ection to the assessment was. Mr. Swanson said that this street had been paved before and now it has been paved a second time while the rest did not have to be paved, and they wonder why. Mr. Richard Miller, Attorney, said that he had been requested by Mr. Savelkoul to come to the Council Meeting and represent Mr. and Mrs. Swanson. He explained that Lots 5 and SA have a total footage of 297.12 feet on Lucia Lane, and in 1956 they were assessed for Lucia Lane. He said that last year Lucia Lane was continued beyond the dead end, which required a lot of preparation of the road bed, and was assessed again. However, the 150 feet of new street was not a11 that was done, but that part which they had already paid for was resurfaced. He said the Swanson's question why it was so expensive when nothing was done to the south 150 feet except resurfacing. The City Engineer said that when a road is proposed, certain spots have sub-soil condiTions that need correcting, and in the past, Councils have always assessed on a block area rather than change the assessment every 400 feet or so. He said there was no question that more had been done in the north than in the south Mr Swanson said that when 68th Avenue had been discussed, it was a package deal, and they had inquired if the south 150 feet was included, The City Manager had told them that they would not have to pay twice unless the surface was damaged, and if this was the case, they would get something back on the portion paid. ' Councilman Harris said that the total footage of Lots 5, SA and 6 in the improvement area was 570 feet, of which 270 feet was listed as belonging to the Swansons. He said that the cost of the pro�ect was $4,725.30, which was the amount bid for the work, He said the ro11 shows the total cost divided by the footage. He said the council could have assessed this at different costs for the two areas based on the total cost of the pro�ect, and if the 138 feet was deleted, this would be economical, but the rest would be very expensive. Mr Mi11er asked if figures were avai1a61e on the cost of the 150 feet that was resurfaced. Councilman Harris asked if the 3wansons would like to appeal the total cost. He said that if the Council passed the resolution, they would have something to appeal. The City Attorney said that if Mr. Mi11er wanted specific detailed information, he would see that he receives what records the City has and he will go over them with him. He said he would discuss this with Mr. Mi11er to see if an agreement can be reached outside of Court. The Swansons said they would agree to this. MOTION by Councilman Harris to close the Public Hearing on Assessment Roll - Street Improvement Pro�ect St 1966-1 (68th Avenue and Lucia Lane) ' Seconded by Councilman Liebl. ilpon a voice vote, there being no nays, Mayor Kirkham declared the motion carried at 9:10 P.M. ffCSOLUTION 1F175-1967 CONEIRNLING ASSESSMENT EOR STREET IMPROVEMENT PRO,7ECT N0. 1966-4: MOTION by Councilman Liebl to adopt Resolution �k175-1967. Seconded by ' , ,, REGULAR COITNCIL MEETING OF OCTOBER 2, 1967 PAGE 6 Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. 1967 ASSESSMENT FOR STREET IMPROVEMENT PROJECT r .,.,,.. _ MOTION by Councilman Harxis to adopt Resolution ��176-1967 listing the ob,7ectors, Mr. & Mrs. Swanson. Seconded 6y Councilman Samuelson Upon a voice vote, there 6eing no nays, Mayor Kirkham declared the motion carried. PUBLIC HEARING ON 1968 BUDGET: MOTION by Councilman Harris to continue the Public Hearing on the 1968 Budget until the next Regular Counc�l Meeting of October 16, 1967 Mayor Kirkham said there was no need to pass the resolution as the Council is sti11 making changes in the budget. Councilman Liebl said that if it is necessary to call two or three more meetings in order to get a good 1968 budget, he would request that the different department heads of the City be consulted on items of their budgets that have priority. He said he would like to go into detail with them, because he does not want to cut necessary services which are required by the people of ErZdley, and he wants to make sure the budget is cut only where it can be cut. He said he would like to get together in City Ha11 and discuss this Mrs. Truenfels, a visitor to the Council Meeting, asked if the public wi11 have an opportunity to question the budget on an individual item basis. Mayor Kirkham said that the hearing wi11 be continued at the next regular meeting. He said that it had been scheduled for this evening, but at the last budget session, some changes had been made, and the Council has asked the City Manager Co redraft those portions of the budget Mayor Kirkham said that it has been the policy of the Council to have several budget sessions before the final draft is brought to the public. He said there was no rush in bringing it before the public as the Council is still making cuts and changes. Councilman Harris said that until today, the Council had not been notified of the mi11 raise. Mrs. Truenfels asked what the mill was worth, and whethex the sales tax has made any changes. She was told the mill was worth $18,254, and Councilman Harris said that the sales tax will be reflected vn the budget as revenue available The motion to continue the Public Hearing on the 1968 Budget at the next regular Council Meeting was seconded, and upon a voice wte, there being no nays, Mayor Kirkham declared the motion carried. Councilmaa Liebl asked the Council when they were going to meet on the budget. He said that he would like to see several meetiags scheduled ' and would like to receive background on a priority list and what can be cut. It was pointed out that a budget meeting had been scheduled for Octo6er 12, 1967. Mr. Carl Paulson asked if the budget will show an increase over last year. The Council said that it would in dollars, but that the mill rate was likely to go down. Mayor Kirkham said that it costs more to �� I� �� REGULAR COUNCIL MEETING OF OCTOBER 2, 1967 PAGE 7 run the City this year than last. Car1 Paulson asked if the public could get the percentage of increase Mayor Kirkham said that the figures were not ready at this time, but they hope to have them ready by October 16th. Councilman Harris said that the reason for the Council budget sessions was so that after the different departments have turned in their requests and the City Manager has gone over them, the Council can review the individual budgets and put them in line with the money available. He said the Council was doing their best to hold the services at a high level and the mi11 rate down. A visitor to the Council Meeting said he thought that when the sidewalks were put in on 61st Avenue, the school children would be bussed and there would be a tax savings. Mayor Kirkham said that the School Board would have to be asked about this. He said that the public should keep in mind that the City receives only 13% of the tax dollar while the School District receives close to 60%. He said the School Board meetings are open meetings as well as the Council meetings. RECESS: Mayor Kirkham declared a short recess. The meeting was reconvened at 9:50 P.M. Mayor Kirkham said that before going on to the next item, for the benefit of anyone who may be worried about the Council rushing the budget through, he would like to say that it has been the custom of all Councils since 1957 whea the City was incorporated to really discuss the budget thoroughly at many meetings before it comes before the public, and this is the intention of the Council. He said they have another meeting scheduled for next week, and the public wi11 get a chance to review the budget with the Council when it is finalized. CONSIDERATION OF BUILDING PERMIT - S� OF LOT 4, LOT 5, BLDCK 14, HAMILTON'S ADDITION TO MECHANICSVILLE - MC CLISH: The City Attorney said that the facts as represented by Mr. McClish at the last Council Meeting are true. He said that Mr. Guzy, Attorney for Mr. McClish at the time of the transfer, has advised him that he has a deed that wi11 verify the statements made. Councilman Harris said that if this is the situation, it behooves the Council to make a determination as soon as possible and let Mr. McClish know whether his lot is buildable or not buildable. Mayor Kirkham said he felt it would be buildable with certain reservations on sideyard setback and so forth, so there is no infringing on the ad�oining property. Councilman Harris said he felt the Council at this time would not be considering the building permit, but the use of the land as it would have to go to the Soard of Appeals for variances. MOTION by Councilman Harris to indicate to Mr. McClish that the Council has reviewed his property on the S? of Lot 4, Lot 5, Block 14, Hamilton's Addition to Mechanicsville, and concludes that it is a buildable lot when it meets the requirements of the Board of Appeals and receives the required variances. Seconded by Councilman Sheridan for discussion. Councilman Sheridan asked Mr: McClish if this would be a 40' parcel and part of another for a total of 60' and if he plans to build on it to ' , 1 �� ; ��� � REGUI,AR COUNCIL MEETING OF OCTOBER 2, 1967 PAGE 8 , dispose of the property Mr. McClish said that it would be 60' and he wi11 buiLd on the long way of the lot so there will be plenty of room on the side of the house He said he planned to live in the house himself. Councilman Sheridan said he had no further questions until the report from the Board of Appeals is received. Councilman 5amuelsoa asked if it would be possibLe to get copies of the deeds that show the transactions. The City AtCOrney said he would be able to get photo copies from the abstract company. The Crty Attorney suggested they allow the request to go to the Board of Appeals and when it comes back, if anyone has any questions, he will have the documents at that time The vote upon the motion was a voice vote, there being no nays, Mayor Kirkham declared the motion carried. TRAFFIC REPORT - LUCIA LANE - POLICE CHIEF: Chief McCarthy said that there a1c� two separate problems on Lucia Lane The first is the alleged speeding. He sa�d he understood that members of the Council have been receiving complalnts from the citizens, so radar was put out on August 23rd between 4;00 P.M. and 7•00 P,M. and two cars were tagged He said another complaint was received, radar was put out again, and the speed of every car was recorded. The Police ➢epartment found that the average speed was 26 miles per hour, and on this occasion, only one car was tagged. Chief McCaxthy said he felt speed was no problem on Lucia Lane. He said the street is rough and it sounds like , the cars are speeding. Mr. Jack Young, 6549 Lucia Lane, said he had called the Police Department complaining about the speeding. He said tlie people could see the radax and would slow up. Mr. Young said he felt there was a definite problem and said the Chief of Police should sit and watch it for awhile Chief McCarthy said that it would be impossible to �udge the speed of a car sitting in a living room, but Lt has been done electronically with radar, and the average was 26 miles per hour. Another visrtor to the Council Meeting said that the problem he has is because Lucia Lane is a one-way street, and when the people leave the Knights of ColumUus Ha11 at night, they cannot exit to the north, aad there are 2DD or 300 cars going up Lucia Lane. He said he would like this street changed to a two-way. Chief McCarthy said this was the second problem he had mentioned He said there had been no problem before the Knights of Columbus building had been built, but after they came in, there has been a problem because the intersection was protected only by a stop sign. He said that they have found that when the Knights of Golumbus Ha11 closes, there are from 30 to 200 cars leaving, and if they go out on the highway on 69th Avenue, there are too many chances of an accident happening. Chief McCarthy said that in the year 1966, there were 7 personal in�ury accidents as a result of cars coming out onto the highway Erom the Knights of Columbus Hall. He said that since it ' has been changed to a one-way street, there have been two personal in�ury accidents - both of them as a result of going the wrong way on the one- way street. Chief McCarthy said there was a slight inconvenience problem for the people on Lucia Lane, but he feels the safety factor outweighs the inconvenience. -�i � � �� � REGULAR COUNCIL MEETING OF OCTOBER 2, 1967 PAGE 9 A visitor to the Council Meeting suggested that Policemen d;rect traffic ' when it is letting out as they do at the drive-ins. Chief McCarthy said the State Highway Patrol was at the drive-ins because there was a traffic hazard, but they would not come for this. Councilman Harris suggested that this problem be conveyed to the Board of Directors of the Knights of Columbus Hall and request that they contact the State Highway Patrol to see if they wi11 give some assistance on this, and then a determination could be made as to whether it should be a one-way street or a two-way street. MOTION by Councilman Harris that the Administration direct a letter to the Board of Directors of the Knights of Columbus Hall indicating the problem and request that they see if there is some way to resolve the probLem with the assistance of the State Highway Department Seconded by Councilman Samuelson. Mayor Kirkham asked the City Engineer if a traffic counter could be put out to get a sampling of the volume of traffic. He said he agreed with trying the radar in an unmarked car and with asking the Knights of Columbus to cooperate. The visitor asked if the traffic count could be taken two ways, one off Mississippi Street and one by the Knights of Columhus Hall, as traffic comes both ways. Mayor Kirkham said that several samplings will be taken. The vote upon the motion was a voice vote, there being no nays, Mayor � Kirkham declared the motion carried. ORDINANC� N0. 374 DEFINING NUISANCES, PROHIBITING THEIR CREATION OR MAINTENANCE AND PROVIDING FOR ABATEMENT AND PENALTIES FOR VIOLATION THEREOF: The City Attorney said he would concur with one change suggested by the City Manager. He recommended that on the fourth page of the ordinance, under Item 23, the sentence should end at the semi-colon, and the portion starting with the word "provided" should be deleted. Councilman Lieb1 asked if the reason for this was because the City does not have the facilities to take care of it. Mayor Kirkham said this was correct. The City Attorney said that if the Council decided to provide this service at a later date, it couLd be added. MOTION by Councilman Liebl to adopt Ordinance No. 374 upon second reading, with the suggested deletion, waiving the reading and publish. Seconded by Councilman Harris. Councilman Liebl said that if we had had this ordinance earlier, there would have been no trouble when the Target store was being built. He said he felt this would help in the future. The City Engineer said there was a problem with material in driveways which gets into the streets. He asked if the City can enfoxce the removal of this. The City Attorney said that the language is such, ' that if there is a substantial deposit of dirt or trash, it could be enforced, using reason on whether a complaint would be filed and on the seriousness of what is in the street. He said that the people should be informed that they are violating an ordinance and ask them to rectify it: If legal action is necessary, a complaint can be filed in municipal court ' I�� � REGULAR COUNCIL MEETING OF OCTOBER 2, 1967 for the violation of an ordinance. PAGE 10 The City Engineer said that sometimes people tamper with their own concrete curbs and do not do a good �ob. He asked if this ordinance would cover this. The City Attorney said that preventing destruction of property owned by the City is inherent in the authority of the City, and if someone is destructing property, there is authority to take action whether by this section or not. He said he felt this ordinance would satisfy this situation. He said he could add this wording if the Council wished it. Councilman Samuelson said he felt this should be under Section 45 rather than in the nuisance ordinance and the Council agreed MOTION by Councilman Harris to amend the motion to change the word "equipment", the last word of the sentence, on the fourth page of the ordinance, under ICem 26 to the following; "power generating or power conveying and/or transmission lines", and to delete the word "improper" from the middle of the sentence. Seconded by Councilman Samuelson. Mr. Richard D. French, 1469 Gardena Avenue, asked if this ordinance would cover partially destroyed or �unk automobiles sitting around. The City Attorney said that we have a specific ordinance covering that problem. Mr. French asked if a citizen can also bring these to the attention of the Council. He was told this would be a help, and that the Council tries to stay alert to these problems. Councilman Liebl asked Councilman Harris if the intention of the change in wording was in regard to any special industry Councilman Harris said that it was not, but to give more meaning to the word "equipment". The vote upon the amendment to the ordinance was a voice vote, there being no nays, the motion carried. The vote upon the motion to adopt Ordinance No. 374 was a roll ca11 vote, Kirkham, Harris, Samuelson, Shexidan voting aye, Liebl voting nay. Mayor Kirkham declared the motion carried SECOND READING OF AN ORDINANCE REGULATING TRANSIENT MERCHANTS, PEDDLERS, AND SOLICITORS WITHIN THE CITY OF FRIDLEY; The City Attorney requested that this item be tabled until the next regular meeting. MOTION by Councilman Samuelson to table the second reading of the ordinaace to the Regular Council Meeting of October 16, 1967. Seconded by Councilman Liebl. Upon a voice vote, Lhere being no nays, Mayor Kirkham declared the motion carried, CONSIDERATION OF AIR POLLUTION CONTROL ORDINANCE: The Council felt they wanted more time to study this ordinance. MOTION by Councilman Samuelson to table consideration of the Air Pollution Ordinance until the next Regular Council Meeting of Octob�r 16, 1967. �'1 �1 �d `L REGULAR COUNCIL MEETING OF OCTOBER 2, 1967 PAGE 11 Seconded by Councilman Sheridan. Upon a voice vote, there being no , nays, Mayor Izirkham declared the motion carried. PIRST READING OF ORDINANCE REZONING LOTS IN CARLSON'S SUMMIT MANOR ANNEX; The City Attorney said he had received a draft of the proposed declarations of restrictions and protective covenants applying to Lots 1, 2, 3, Block 2, Carlson's Summit Manor Annex, 2nd Addition. He said the intent of the declaration is to Limit the use of these lots by means of protective covenants to R-1 or double bungalow sites. He said the draft is presented by Arvid E. Carlson and Sons, Inc., by its officers, and he has examined it and found the covenants do what they propose to do and are proper. Mr. Root, representing Arvid E. Carlson & Sons, Inc., had a petition executed by the proper officers of Arvid E. Carlson, Inc., and the S& S Investment Company, but he did not want to put the restrictions on the property if the petition is only in behalf of S& S Investment Company in case they did not fulfill their obligations. He said he did not want this limited to the 25-unit building proposal submitted by 5& S Investment. He said his understanding was that the building permit is not part of the rezoning. Councilman Lieb1 asked the City Attorney to explain this matter and what the covenants say. The City Attorney explained that the protective covenants are limitations filed on the permissable use of property and act as a legal limit on the owner and future owners of the use made of ' the property. He said that the discussed property wi11 be limited to R-1 zoning or double bungalows, and will remain on the property, and cannot be changed except by court action or after every lot owner in Block 2 of Carlson's Summit Manor Annex, 2nd Addition have agreed or been notified and given an opportunity to appear and be heard. Mr. Carl Paulson, a visitor to the Council Meeting, asked why the City was involved in an agreement between two private parties. Mayor Kirkham said that the Council was making an honest effort to bring two parties together in the best interest of the City. The City Attorney explained that this is being offered as an additional safeguard to assure the property owners in the neighborhood that another multiple building will not be built. Mr Jack Velin, a visitor to the Council Meeting, said he felt they would come back in a year and ask for a rezoning. Mayor Kirkham explained that the covenants will not allow this. Mr. Ve1in asked if the property owners had any other recourse to the apartment building. He said the same person who sold them their lots wants to develop the apartment building, after assuring the people apartment buildings would not be built there, but the people had nothing in writing. Councilman Lieb1 said he had fought hard to give the property owners assurance and he felt this document would do this. Mrs Truenfels said that the developer had acted in bad faith if he had sold the lots and then asked for the rezonittg, and she felt the ' Council should back up the homeowners in the area. Mr. Root said he had never made such a promise and he was the one who had signed the deeds. Councilman Samuelson said he felt the apartment unit was an asset to Fridley's overall tax base and it lends itself to the area as it is developed MOTION by Councilman Samuelson to adopt an ordinance to amend the City r" � REGULAR COUNCIL MEETING OF OCTOBER 2, 1967 PAGE 12 , Code of the City of Fridley, Minnesota by making a change in zoning districts upon first reading, waiving the reading rezoning Lots 1, 2, 3, 4, 5 and 6, Block 1, Carlson's Summit Manor Annex, 2nd Addition R-3A Council¢tan Lieb1 said that thLS pxogerty was in his Ward and he kaows both sides of the story. He said he is sworn to do what he feels is right for the people of Fridley, and he honestly feels he should vote yes. Councilman Sheridan said he would like the people to know that late at the last regular Council Meeting this item had come up again and it was discussed more thoroughly He said the Council had been about to act on the rezoning at that time, but he made the comment that he had told the people it would be laid over until this meeting, and the Council had acted accordingly. The vote upott the motion to adopt the ordinaace upon first reading was a ro11 call vote. Kirkham, Liebl, Harris, Samuelson, Sheridan voting aye; no one voting nay, Mayor Kirkham declared the motion carried. MOTION by Councilman Samuelson to receive the signed protective covenants regarding Lots 1, 2, 3, Block 2, Carlson's Summit Manor Annex, 2nd Addition and refer them to the City Attorney to be duly recorded Secoaded , by Councilman Sheridan. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carrie3. CITY ENGINEER'S REPORT ON SUPER-CHLORINATION OF WATER LIN�S: The City Engineer said that the water line that had been discussed at a previous Council Meeting had been super-chlorinated on September 12th He said that, as the Council is aware, the treatment plant is completed now, and several months ago, standards were set up in the Water Depart- ment to .eeep track of this problem. He was asked if the Department had checked with the property owners to see if the problem was solved. He said he had received no complaints and the people had been given notice when it was done as the water had to be off Ior 12 hours. Councilman Harris suggested he ca11 the two parties that had appeaxed at the Council Meeting as they seemed to be speaking for the neighborhood Councilman Sheridan asked if any of the chlorine reached such things as the water heaters within the homes, or could this be a continual problem in the home after the municipal lines are clear and clean. The City Engineer said that this was possible, but that the people had been asked to run the water in their homes a1so, so some of it should have gone through the whole system. REPORT FROM CITY ENGINEER AND CITY ATTORNEY - RE: F D, CHAPMAN COMPANY - PROSECT ��87: ' The City Attorney said he has spoken to the Attorney for the F. D. Chapman Company on two or three occasions, and apparently the contractor is continuing to work and has completed his work where he had anticipated there would be difficulty. He said the F. D. Chapman Company attorney has requested an extension of time for the completion of the pro�ect, ,`��� REGULAR COUNCIL MEETING OF OCTOBER 2, 1967 PAGE 13 and the matter of compensation would remain open in the sense that the City is not committed and the contractor has not waived his right to make , a clai¢n. It may be necessary that this be arbitrated at a later time. The Consulting Engineer said that the Company made more progress on the pro�ect last week, than the whole month preceding, and soon they wi11 be ordered to get additional equipment on the �ob because they will be in an area that can handle more than one piece. The City Attorney asked Mr Comstock how much time he felt they might need. Mr. Comstock said he would assume 30 days from today. The City Attorney asked if the additional time was in the form of a change order would the Consulting Engineer recommend it to the Council. Mr Comstock said they would not necessarily recommend it, but they would prepare a change order and somment on it Councilman Liebl asked Mr. Comstock if he could assure the Council they would be able to complete the pro�ect if given the extension. Mr. Comstock said he would not be able to assure this. The City Attorney said that the company is continuing the work and there is a bond that will indemnify the City if they are unable to finish the work. He said he thought it would be a reasonable suggestion to prepare a change order for Council action at the next meeting, and if the Council would give him verbal approval, he wi11 notify the Attorney that the extension will be formally acted on at the next meeting. MOTION by Councilman Liebl to direct the Consulting Engineer to prepare a change order for a time extension for F. D. Chapman Company on Pro�ect ik87. Seconded by Councilman Harris. Upon a voice vote, there ' being no nays, Mayor Kirkham declared the motion carried. BUS ROUTE: Mayor Kirkham said that before approving a permanent-route for the bus, he would like to get the bus company to agree to having the bus go to Osborne Road. He said the bus company claims they have surveyed this area, but he did not believe they realized how much the area has built up. Mayor Kirkham said he would like to see the bus go from Osborne Road to Jackson Street or Baker Street and back down 73rd Avenue. MOTION by Councilman Harris that the Administration convey to the Twin City Rapids Transit Company the Council's wish to discuss further the extension of the bus route to Osborne Road before a permanent route is approved. Mayor Kirkham suggested that a similar map could be drawn indicating the route the City would 1ike. Councilman Liebl said that it would probably he�lp to write the Railroad and Warehouse Commission and let them know of the City's request He said it has been pointed out to him that the hospital will be expanding. Mayor Kirkham said he agreed with this suggestion and said that the Spring Lake Park Council should be asked to communicate at the same time also. The motion was seconded by Councilman Liebl, and upon a voice vote, , there being no nays, Mayor Kirkham declared the motion carried. THC MINUTES OF THE BUILDING STANDARDS - DESIGN CONTAOL SUBCOMMITTEE MEETING, SEPTEMBER 19, 1967• The only item in the minutes was to come before the Council through the Planning Commission Minutes. � �".= a REGULAR COUNCIL MEETING OF OCTOBER 2, 1967 PAGE 14 , MOTION by Councilman Harris to receive the minutes of the Building Standards-Design Control Subcommittee Meeting Seconded by Council- man Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. THE MINUTES OF THE PARKS AND RECREATION COMMISSION MEETING, SEPTEMBER 25. 1967� MOTION by Councilman Harris to receive the Minutes of the Parks and Recreation Commission Meeting of September 25, 1967. Councilman Harris said he would like Co bring to the attention of the Council that he has received some calls regarding the Hockey Association's program. He said it was his understanding that the Association has approximately 200 children that wi11 be involved in the hockey program for the coming year� and unless they have another arena provided with lighting facilities and warming house they will have to cut their program by 50%, as two rinks are needed. He said it would be up to the Council to determine whether the rink should go in some other area of the City or next to the J. C. hockey rink. Mayor Kirkham said that the Saycees are negotiating wLth the School Board on the possibility of moving the Junior High rink next to the present rink so the school would have an opp�rtunity to use the facilities He suggested the City Manager ask the Jaycees whether they are proceeding with their plans. ' The motion to receive the minutes was seconded by Cour,cilman S�+nue2,,on. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. BOARD OF APPEALS MEETING MINUTES, SEPTENII3ER 27, 1967: 1. REQUEST FOR A VARIANCE FROM THE CSTY CODE OF FRIDLEY, MINNESOTA 1963, REVISED DECEMBER 31, 1965, BY WAIVER OF SIDE YARD VARIANCE FROM REOUI'RED FIUE FEET TO TWO FEET FROM SECTION 45.24. TO PERMTT CONSTRIiC BREEZEWAY AT 5714 W�ST MOORE LAKE DRIVE 11� �il�!➢!4� The City Manager read the motion of the Board to accept the variance Councilman Liebl asked if the City Manager knew why one member of the Board had voted nay The City Manager said he had not stated his reason. Councilman Harris said that the Board of Appeals has been asked to scrutinize these requests very closely, and they must have taken into consideration Che vacant land to the south which will probably be used for other than R-1 development. MOTION 6y Gouncilman Harris to concur with the Board of Appeals and accept the variance. Seconded by Councilman Sheridan. IIpon a voice � vote, there being no nays, Mayor Kirkham declared the motion carried 2. REQUEST FOR VARSANCES FROM THE CITY CDDE OF FRIDLEY, MINNESOTA, 1963, REVISED DECENIBER 31, 1965, BY WAIVER OF SIDE YARD REQUIREMENT FROM 17 FEET 6 INCHES TO 13.2 FEET, SECTION 45.24, BY WAIVER OF R�AR YARD REQUIREMENT OF 25 FEET TO 10.25 FP�ET, SECTION 45.25, AND BY „�y ( � REGULAR COUNCIL MEETING OF OCTOBER 2, 1967 PAGE 15 WAIVER OF FRONT YARD SETBACK REQUIREMENT OF 35 FEET TO 26 FEET, , SECTION 45.26, TO PERMIT CONSTRUCTION OF AN ATTACHED GARAGE ON T(1T Fi RTflf'K 1 FTSJFTT.�C RTCTFRRTTIF AFTCATC dT1T1TTT(1N �Allli74 C(liiNTV 55432. (RE( MINNESOTA): BY CHARI.ES F. AMES, 757 t NORTHEAST, FRI The City Manager read the motion of the Soard of Appeals to deny the variance. MOTION by Councilman Harris to concur with the Board of Appeals and deny the requested variances. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. PLANNING COMMISSION MEETING MINUTES, SEPTEMBER 28, 1967: l. CONTINIIED PIIBLIC HEARING: PLANNED DEVELOPMENT DISTRICT, HAROLD SCHROEDER, ZOA ak66-06): Councilman Harris said that Mr. Schroedex requests a public hearing before the Council on the Planned Development as presented. MOTION by Councilman Harris that the Administration set a Public Hearing for the Schroeder Planned Development District. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. MOTION by Councilman Harris to receive the Minutes the Planning Commission Meeting of September 28, 1967. The motion was seconded, and upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. MAX SALITEANLAN - 61ST AVENUE �ROSSOVER: Mr. Wyman Smith, Attorney for Mr. Saliterman, said that he would like to discuss a 20 foot long street problem. He said that 61st Avenue has been put in and it is a good street, but it comes out to the frontage road that ruas from Shorewood to 69rd Avenue and does not connect to T.H �'k65 He said that northbound traffic cannot slip onto T.H. �'k65 He said he was not talking about the crossover as that was another item. Mr. Smith said that he and Mr. Saliterman had talked to the District Engineer of the Highway Department and had been toLd that this entrance seems to have been lost in the shuffle. He said that whether the City or State put in this 20 foot piece of street, it should be done, CounciLman Harris said that previously the State had wanted to wait until studies had been made of left and right turn lanes, but if this is no problem to them now, there should be no problem. Mr. 7ames Gibson, 6389 Pierce Street N.E., said he had been asked by several people to represent them regarding this pro�ect, He said that in discussion with Mr. Saliterman he has found that a prior Council made a commitment to Mr Saliterman to put this road through. He said that this area had been designed as a business area and to promote business, there has to be means to get the traffic off T.H. �k65 with as little trouble as possible, and he asked the Council to request that the crossover not be cut on 63rd Avenue, He said there was the possibility � C1 `T, �� REGULAR COUNCIL MEETING OF OCTOBER 2, 1967 PAGE 16 � that 60 days after this 20 foot of road was done, the Highway Department could cut off the access on 63rd Avenue. He said they cannot tell the Highway Depaztment what to do, but they beg for some consideration in this matter, and they hope they can draw more businees into the area and more taxable industry into the City. Mayor Kirkham said he was sure the City specifications did not call for �oining the frontage road and the highway because the City cannot build on highway property, but he had no ob�ection to encouraging the State to do this as soon as possible. Mr. Smith said that Mr Saliterman does not ob�ect to paying for the street, and the State does not ob�ect to the City building rt. The City Engineer said the City could do it if the Councll authorized it. Councilma❑ Harris said that the State would have to give pexmissyon to go on their right-of-way. Mr. Smith said it was not a question of permission, but a question of someone doing it He said he had talked to District Engineer Burrell and Mr Burrell said he was going to call the City Manager MOTION by Councilman Harris to request the Administration to contact the State Highway Department and indicate the City's desire to complete this pro�ect. If it Ls the State's wish that the City compLete the pro�ect, finish it and assess it accordingly. Seconded by Councilman Samuelson Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. � ABLE-BAKER STREET PARKING: PARKING SIGNS ON 52ND AVCNUE AND LYNDE DRIVE: Councilman Samuelson said he had received many complaints ahout the street parking in this area, and he quesCioned whether there should be a 24-hour parking ordinance that could be enforced if necessary Mayor Kirkham mentioned a 2-hour parking plan similar to Minneapolis' and asked Chief McCarthy why he did not like this plan Chief McCarthy said he did not have the manpower to enforce this. He said they have received calls from the Able-Saker area and have backed cars out for the people He said the street in this area is wide enough and there is not that much of a problem to �ustify an ordinance Chief McCarthy said that the Snow Ordinance that the City has now is �ust about unenforceable, and does not provide for tagging cars. Councilman Samuelson said he felt there was a problem ia the Able-Baker area and the yards were in bad shape because people are parking in Cheir front yards. The City Attorney said this was the first complaint he had heard about the snow removal ordinance, and he said he could meet wrth the City Manager and the Police Department to try to improve on it. Mayor Kirkham suggested that this be done. Mr. 0'Bannon, a visitor to the Council Meeting, said that there was a parking problem on 52nd Avenue. Councilman Harris said that therc is a parking problem on Lynde Drive a1so, and when cars are parked on both sides of the street, another car cannot get through. The City Engineer said this could be taken care of without an ordinance, but , that people pu11 the signs out again. Mayor Kirkham said there needs to be a study of the parking problem and the ordinance. Councilman Harris suggested that the two parking problems menCioned could be corrected immediately and signs put up. �� REGULAR COUNCIL MEETING OF OCTOBER 2, 1967 PAGE 17 Councilman Sheridan said that it would not make sense to have a 24-hour � parking ban, and after the people are taxed for good streets, tell them that they cannot park on them. Councilman Liebl said he would ob�ect to it if people who pay a 1ot of taxes could not park in front of their homes. Mayor ILirkham suggested that the ways and means of enforcing off-street parking should be included in the study. MOTION by Councilman Harris that "No Parking" signs be put up on 52nd Avenue and on Lynde Drroe Seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declared the motioa carried. PARKING LOT - FRIDLEY COVENANT CHURCH: PETITION �k37-1967 OPPOSING CHURCH DRIVEWAY ON MERCURY DRIVE: Mr. Sunberg, representing the Covenant Church, said that last Maxch the Church had presented their plans for the new addition to the City Engineer and City Inspector to check the code requirements, parking, building and other facilities. The plans were presented to the Planning Commission on approximately May 15th and after receiving their approval, went before the Council June 6, 1967. He said the parking area provides space for 38 cars which is consistant with the requirements for off-street parking for the size of the nave. He said there will be an exit on Satellite Lane and they will continue to use the exit on the Service Drive. He said the parking area will be lighted with hooded low-wattage lights that will not shine into the neighborhood and the balance of the area � will be sodded, seeded, and maintained. He said that if a barricade is needed to keep traffic from going through the parking lot, this will be done, and they also propose to screen the parking area with a hedge. Councilman Liebl asked Mr. Stenberg if they had come before the Council for any rezoning. Mr. Stenberg said that the church is consistant with the residential zoning Councilman Liebl asked if there had been any ob�ection to the building permit, and if when the Church was originally built, it had been built with the option that two addiLional lots could be purchased. Mr. Stenberg said there had been no ob�ections to the Church's building until this week, and that before the land was purchased, there were 3 lots on Mercury Drive which Mr. LaVine indicated he was holding for them. Councilman Liebl said he had voted for this pro�ect because everything was proper. Councilman Sheridan said that some of the neighbors are not satisfied, and asked Mr, Hawrysh, who was present at the Council Meeting, what their ob�ections were. Mr. Hawsysh's Attorney said that Mr. Hawrysh lives at 266 Mercury Drive, and at the time Mr. Hawrysh bought his property, Mr. LaVine gave Mr. Hawrysh a plan which does not show Lots 10, 11, and 12 as Church property. He said there are restrictive covenants on the lots stating that at least a$20,000 home must be built, and now the value of the property is being destroyed with a parking 1ot Mrs Hawrysh said the car lights go right into the living room and are destroying their privacy. The Attorney said they do not � dispute the Church's legal right to do what they are doing, but asked why a11 the cars could not go out on Satellite Lane instead of into the residential area. The Council showed Mr. and Mrs. Hawrysh and his Attorney the proposed plans for the service drive in front of the church �I l � REGULAR COUNCIL MEETING OF OCTOBER 2, 1967 PAGE 18 � which will make the street in front of the Church a one-way street going south. There was a long discussion at the Council table. Mayor Kirkham said that he could not see where the Council had any authority to do anything, as the Church has met all the requirements The Attorney said the only alternative seems to be to bring suit against Mr. LaVine for letting the people down after his promises. MOTION by CouncLlman Harris to receive Petition ik37-1967 opposing the church driveway on Mercury Drive. The motion was seconded, nnd upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried, SIGN PERMIT - EMBERS: Mr. 0'Bannon said this sign had been brought before the Council a year ago and approved, but at this time they would like to enlarge the size from 72' x 20' to 10' x 40'. He said that he has noticed many large signs are going up in the same area. Councilman Harris asked Mr. 0'Bannon how big his parcel of land was. Mr. 0'Bannon said he had three 1ots, and this will be on the first 4D foot iot-,_and he has an agreement, that if anything is built on the lots, the sign will come down. He said the next door neighbor had no ob�ections when the sign was put up. The Council discussed the fact that his property is zoned R-3, and if it were zoned other than R-3 the sign would be allowed , Mr. 0'Bannon said that if he was to rezone the land commercial, the people in the area mighC ob�ect, but they have no ob�ection to R-3 MOTION by Councilman Harris to waive the sign ordinance and approve the requested Sign Permit for a 10' x 40' sign. Seconded by Councilman Sheridan. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. GERAtD GLENN CORPORATION - NSSSD CHARGE: The City Attorney said he has had a discussion with Mr. Gnerre, President of the Gerald G1enn Corporation who is present at the Council Meeting, and Mr. Gnerre feels the Council's policy on requesting payment for the NSSSD hookup charge is wrong, and the City Attorney felt the best solution was for Mr. Gnerre to appear before the Council and express his views on why the policy should be changed. Mr. Gnerre said that if the Council policy is that effective January 1, 1967 the $100 hookup charge is collected when the Building Permit is issued this would be fine, but he had taken out a Building Permit December, 1966, and in March or April he had paid the $100 when he took out his sewer permit, which he paid without ;uestion. Now, this year, he had been told it must be paid when he took out the Building Permit. His request was that this he made consistant. He said he had � stopped payment on his check becausehe feels it should be due and pay- able at the time the sewer permit is issued. Councilman Harris said that since Sanuary 1, 1967 the charge is due when the Building Permit is issued. Councilman Samuelson said that this has been set by ordinance. There was a long discussion about � �, `GL 1�aJ REGULAR COUNCIL MEETING OF OCTOBER 2, 1967 PAGE 19 the �est way to handle the hookup charge. Councilman Sheridan suggested it be turned over to the Administration to have all the facts put together and brought back to the Council. Councilman Harris said that the Ordinance could be back on the agenda for review and any discussion recalling the Council's decision on why it was done the way it was Mayor Kirkham told Mr Gnerre that the ordinance will be reviewed at the next meeting. PTTBLIC UTILITIES SEWER RATES: MOTION by Councilman Harris to table this item until the next regular Council Meeting Seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried ABATEMENT OF ASSESSMENT - LOT 1, BLOCK 1, BATTERSON ADDITION: The City Manager recommended that this abatement be made. He explained that the extra costs exceeded the amount of the assessment, MOTION by Councilman Harris to concur with the recommeadation of the City Manager and abate the assessment for sewer lateral in the amount of $564.16 for Lot 1, Block 1, Batterson's Addition. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Dfayor Rirkham declared the motion carried. RESOLUTION r'�177-1967 CERTIFYING CERTAIN DELINQUENT WATER AND SEWER CHARGES TO THE COUNTY AUDITOR FOR COLLECTION WITH THE 1968 TAXES: MOTION by Councilman Samuelson to adopt Resolution -0�177-1967. Seconded by Councilman Lieb1. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. RESOLUTION 1F178-1967 APPOINTING SUDGES FOR EI,ECTION: MOTION by Councilman Samuelson to adopt Resolution -0�178-1967. Seconded by Councilman Liebl. The City Manager was asked if the people have been notified of the new polling place in Ward 2, Precinct 3. The City Manager said they were infoxmed that it would be the North Park Sehool, 5575 Fillmore Street Northeast, when the change-over was made. The vote upon the motion was 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 ��12864 through �k12941 and Liquor Claims ��1507 through ;�1543 Seconded by Councilntan Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. LIC�NSES; The City Manager had one additional request for an Auctioneer's License to be added to the list. Councilman Harris said that the general contractor requesting a license is the one that has not paid the NSSSD , L� ' REGULAR COUNCIL MEETING OF OCTOBER Z, 1967 PAGE 20 ' hookup charge. Councilman Sheridan said he did not think it was good business to stop payment on a check to the City, but he had no ob�ectlon to the contractor being licensed MOTION by Councilman Harris to approve the following licenses: GENERAL CONTRACTOR Gerald Glenn Corporation 1202 Hathaway Lane Fridley, Minnesota 55421 by: A. C Gnerre R�NEWAL MASONRY Edward Eismanis Const. Co 1623 West 32nd Street Minneapolis, Minnesota by• Ed Eismanis RENL^WAL , ' Car1 R. Hanson 3809 Buchanan St. N.E. Minneapolis, Minnesota W. E. Nelson Stucco Co. 3811 West Broadway Minneapol�s, Minnesota by; Carl R. Hanson by: B. B. Nelson NEW �w Bernie Zebro Cement Co. 7849 Monroe St. N. E. Minneapolis, Minnesota by: Bernard Zebro NEW LIST OF MULTIPLE DWELLING LICENSES: OWNER ADDRESS UNITS FEE Edward E. Anderson 5&0& Decatur Avenue Minneapolis, Minnesota 6061 2nd St. N E 4 $10.00 E1don Greenwood Route 1 Shakopee, Minnesota 380 57th Place N E. 4 $10 00 Irving S. Efron 3025 Salem Avenue Minneapolis, Minnesota Eugene Edward Lashxnski 1035 Polk P1ace N. E. Minneapolis, Minnesota 5950 East River Road 4�30 Main Street N E 12 $12 00 3 $1Q.00 — — — — — — — — — — — — — — — — — — — y'— — — — — — — — — — — — — — — — AUCTIONEER'S LICENSE James LaMere at; Grann s Attic 771 Emerald Drive 970 Osborne Road Date of Sale; New Brighton, Minn. Fridley, Minn October 8, 1967 �k � � � REGULAR COUNCIL MEETING OF OCTOBER 2, 1967 PAGE 21 Seconded by Councilman Lieh L Upon a voice vote, there being no nays, Mayor IZirkham declared the motion carried. CHANGE ORDER ik5 - PROJECT ik84: The Consulting Engineer explained that Cheri Lane is going to end in a Cul-de-Sac, and he recommends that this be finished while the con- tractor is replacing the existing blacktop west of the Target Store. MOTION by Councilman Liebl to concur with the recommendation of Comstock & Davis and approve Change Order ��5 for Pro�ect i�84. Seconded by Councilman Sheridan Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. ESTIMATES: Councilman Samuelson questioned the estimate of the Park Construction Company for work on Melody Manor Park Improvement Pro�ect P-1. He asked what happened to the dirt that was to be moved. The Consulting Engineer said he would get the details and report to the Council on this at the next regular meeting. Councilman Harris questioned whether the Hoffman Electric Company estimate should be paid until the lights are installed The City Engineer said there is enough money held back to cover the cost of the lights, but the City is not getting good service out of this Company and they are holding the Civic Center up MOTION by Councilman Harris to approve the following estimate, but instead of mailing them their check, the City Manager request that they come into the office so he can discuss this lack of service with them. The motion was seconded and upon a voice vote, the motion carried. Hoffman Electric Company, Inc Electrical Contractors Anoka, Minnesota Fridley Civic Center - Certificate No, 8 (5-31-67) for period from August 1, 1967 through August 31, 1967 $ 2,901.00 MOTION by Councilman Harris to withhold $181.80 from the Park Construction Estimate until this has been clarified and pay the following: Park Construction Company 51 - 37th Avenue N. E. Minneapolis, Minnesota 55421 Melody Manor Park Improvement Pro�ect 3kP-1 - Estimate ik2 (9-29-67) for work completed this date Less $ 2,684.30 181.80 $ 2,502.50 � 1 ' � ' ' d± �,� REGULAR COT7NCIL MEETING OF OCTOBER 2, 1967 ESTII�tATES (Continued) PAGE 22 MOTION by Councilman Liebl to approve for payment the following estimate; S. C. Smiley & Associates 1750 Hennepin Avenue Minneapolis, Minnesota 55403 Professional Services Rendered - Civic Center (9-20-67) $ 4,383 93 Councilman Samuelson said he still felt the Council and Mr Smaley should get together on this estimate and discuss it further. Council- man Harris said he thought this estimate was past the point of no seturn, and seconded the motion. Upon a voice vote, Councilman Samuelson vocing nay, Mayor Kirkham declared the motion carried. PETITIONS� PETITION ��35-1967 STREET SURFACING, CONCRETE CIIRE AND GUTTER - MC KINLEY STREET, FROM MISSISSIPPI TO 66TH AVENUE: MOTION by Councilman Harris to receive Petition i�35-1967 and refer it to the Administration for processing. Seconded by Councilman Liebl IIpon a voice vote, there bexng no nays, Mayor Kirkham declared the motion carried. 6-1967 CONCRETE CURS AN➢ GUTTER WITH ASPHALT STREET - MOTION by Councilman Harris to receive Petition -0�36-1967 and refer it to the Administration for processing. Seconded by Councilman Lieb1 Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried k179-1967 - A RESOLUTION TO A➢VERTISE FOR BIDS FOR THE MOTION hry Councilman Harris to adopt Resolution $179-1967 Seconded by Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried PLAQUE - FLAG POLE: Councilman Samuelson had some suggestions prepare3 for wording on the pLaque, aad Councilman Harris said he had listed several Some members of the Council were not too sure that the tornado was the theme they wanted on the plaque as the new Gity Hall was not the result of the tornado, and there have been so many new people since that time Council- man Lieb1 asked the City Manager to contact the Superintendent of the Semot High School and let the Senior Class make suggestions. Council- man Harris said there should be a limit set on the number of words. This item is to be continued at the next meeting RESOLUTIONS - NORTH SIIBURBAN SANITARY SEWER DISTRICT: The City Attorney said that the declaratory �u�gment action has been � �� �� ;, REGULAR. COUNCIL MEETING OF OCTOBER 2, 1967 PAGE 23 served and he is now in the process of preparing an answer. He said ' that a motion to add 3rd parties (being a group of landowners and contractors who have ob�ected to the assessment for the additional dollar hookup) which has been discussed earlier with the Council, is being done because the District is taking the position that the City is required to make the payment, and the landowners are taking the position that the City is not in a 1ega1 position to assess property owners for these hookups He said he felt this would have two effects - both matters would be presented to the Court in one hearing, so the Council would not have to litigate first with the NSSSD and then the property owners over the City's authority to pass on the assessment, and would present to the Court the dilemma the City would be in if the position of the District is upheld, and the charges would have to come from general Revenue. He said he is preparing a motion requesting a Special Hearing, so the Court can consider the question of requiring the District to allow the City to make additional hookups pending the final determination of the litigation. He said that if the Council desires to meet with the District to try to reach a settlement, other than by continuing the litigation, time is drawing short, and the meetings will have to be held shortly if it is to be resolved outside Court action. He said he felt asking the Court to consider ordering the District to a11ow the City to connect pending the final outcome will achieve the same effect as resubmitting the resolutions. ' Councilman Sheridan said that unless the Council makes a determination as to whether the City would continue with the NSSSD, he felt rt should he left as it is. If the Council should decide the City needs more capacity than we have for our community, and takes into consideration the NSSSD lines that can be used as laterals or trunks in lieu of putting in our own laterals, then it may be well to consider going to them with a proposition to buy the present connections at a previously agreed amount, or turn over all our capacity. He said that someone had said that according to the wording of the supplemental agreement, if a treatment pLant is built, the City would not be assessed for the construction of the disposal plant because it will not be assessed on an area or community basis, but on connections only. The City Attorney said that this had been their interpretation based on the supplementary agreement. Mrs. Truenfels asked if the City turns our present sewer system over to the NSSSD, wi11 it be the City's or the District's responsibility to maintain it. Councilman Sheridan said that according to the contracts with NSSSD the member communities take care of their own system. The District would supply the outlet and we would turn our capacity over to the District. MOTION by Councilman Harris to concur with the actions taken by the City Attorney in the NSSSD matter. He said that many areas will re- , quire discussion, but it is hard to decide which action to take, until the matter has been solved. The motion was seconded by Councilman Samuelson Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. H % G �, � REGULAR COUNCIL MEETSNG OF OCTOBER 2, 1967 PAGE 24 , COMMIJNICATIONS: (A) ANOKA COUNTY SHERIFE: CURFEW ORDINANGE Chief McCarthy said that the Police Department is enforcing this ordinance, so this suggestion from the Grand Jury is a request to do something that is already being done He said this letter was aimed at other communities that are not doing so. MOTION by Councilman Harris to receive the communication from the Anoka County Grand Sury. Seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. The Council discussed this further and felt the letter required an answer and requested that Chief McCarthy reply to Anoka County (B) SMILEY & ASSOCIATES - ARCHITECTS; PROGRESS REPORTS - CIVIC CENTP�R MOTION by Councilman Harris to receive this progress report. Seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. (C) MIDLAND COOPERATIVES - TRAFFIC PROBLEM AT NORTH EXIT: � Mayor Kirkham reviewed the copy of a letter from Midland Cooperatives to The County Commissioner requesting "Scotch-lite reflectorized" signs be placed near Midland Cooperatives because there is insufficient warning that patl:ing 'ot exits exist. They �equested a"warning" sign on the north side of the bridge aad a"truck exit" at the south end af the bridge near the abutment. Mayor Kirkham suggested that it might help to write to the County Commissioners also. MOTION by Councilman Liebl to concur with the request of the Midland Cooperatives, inc,, and ask the Administration to inform the Commissioners of the Council's request. Seconded by Councilman Sheridan. Upon a voice vote, there being no nays, Mayor ICirkham declared the motion carried. GERTZEN PROPERTY - INTERSECTION• Mayor Kirkham said he had received a telephone ca11 from Mr. Gertzen about the intersection at Mississippi Street and East River Road, because he is anxious to know if the City intends to take any of his property for the intersection. There was a long discussion at the Council about the maximum and the minimum area that may be needed, the difference iC may make to a separated gzade crossing in the future, the existing seYVice station and the agreements needed to have the property dedicated MOTION by Councilman Harris that the City Engiaeer draw a plan of the ' area required for the intersection and bring it back for further discussion at the next regular Council Meeting. The motion was seconded, and upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. �i r `-� I `�1 REGULAR COUNCIL MEETING OF OCTOSER 2, 1967 VISITORS• SUNDAY CLOSING I.AW: PAGE 25 A visitor to the Council Meeting, who said he was a businessman in the area and was interested in the City of Fridley, asked what the Council's position was on the Sunday Closing Law. Mayor Kirkham said that this would require a broad answer. He said he felt that the Council's position was essentially that the law is a State Law, and being called a"Sunday Closing Law" is a misnomer as the law only designates what items may or may not be sold on Sunday. He said if they were referring to the Holiday store being open, and if he understands the wishes of the rest of the Council and himself correctly, the wishes of the Council would be that they would not initiate any action, but take action only if there were a complaint filed. Mayor Kirkham said that if some citizen or competitor were to file a complaint that the store violated one of the parts of the law, the City would be obliged to prosecute them. A visitor asked how the City Attorney felt on this, and if he felt the law was constitutional The City Attorney said that it would hardly serve any purpose for him to speculate on his opinion. He said he thought it was going to have to be decided by the Supreme Court. He said that the only Court that has made a decision, made the decision that it was not constitutional. He said that he feels until the Minnesota Supreme Court rules on it, there will not be any uniformity in enforcement or interpretation. The visitor asked if the complainant would have to be from Fridley or could anyone do it. The City Attorney said that if the saLe is made in the City of Fridley, anyone can register the complaint in our Municipal Court and the Court will determine if an illegal sale has been made. Councilman Liebl said that the Council had taken a stand on this issue ia about February, and it is a matter of public record as a Resolution was sent to the State by the Council. AD,70IIRNMENT: There being no further business, Mayor Kirkham declared the Regular Council Meeting of October 2, 1967 ad�ourned at 1:38 A.M. Respectfully submitted, � ��� L �� /Lv.� � ✓!ji if , - �/ .% Mary Lu Strom Secretary to the Council �� � � 1� � —��.� , i ��L'S/��-� 1 ��� �., K 0. KIRKHAM ��, ;' MAYOR 1 ' '